124 STAT. 4283 PUBLIC LAW 111–383—JAN. 7, 2011 (1) IN GENERAL.—The Secretary of Defense shall undertake an assessment of the supply and demand for rare earth mate- rials in defense applications and identify which, if any, rare earth material meets both of the following criteria: (A) The rare earth material is critical to the production, sustainment, or operation of significant United States mili- tary equipment. (B) The rare earth material is subject to interruption of supply, based on actions or events outside the control of the Government of the United States. (2) EVALUATION OF SUPPLY.—The assessment shall include a comprehensive evaluation of the long-term security and avail- ability of all aspects of the supply chain for rare earth materials in defense applications, particularly the location and number of sources at each step of the supply chain, including— (A) mining of rare earth ores; (B) separation of rare earth oxides; (C) refining and reduction of rare earth metals; (D) creation of rare earth alloys; (E) manufacturing of components and systems con- taining rare earth materials; and (F) recycling of components and systems to reclaim and reuse rare earth materials. (3) EVALUATION OF DEMAND.—The assessment shall include a comprehensive evaluation of the demand for and usage of rare earth materials in all defense applications, including— (A) approximations of the total amounts of individual rare earth materials used in defense applications; (B) determinations of which, if any, defense applica- tions are dependent upon rare earth materials for proper operation and functioning; and (C) assessments of the feasibility of alternatives to usage of rare earth materials in defense applications. (4) OTHER STUDIES AND AGENCIES.—Any applicable studies conducted by the Department of Defense, the Comptroller Gen- eral of the United States, or other Federal agencies during fiscal year 2010 may be considered as partial fulfillment of the requirements of this section. The Secretary may consider the views of other Federal agencies, as appropriate. (5) SPECIFIC MATERIAL INCLUDED.—At a minimum, the Sec- retary shall identify sintered neodymium iron boron magnets as meeting the criteria specified in paragraph (1). (b) PLAN.—For each rare earth material identified pursuant to subsection (a)(1), the Secretary shall develop a plan to ensure the long-term availability of such rare earth material, with a goal of establishing an assured source of supply of such material in critical defense applications by December 31, 2015. In developing the plan, the Secretary shall consider all aspects of the material’s supply chain, as described in subsection (a)(2). The plan shall include consideration of numerous risk mitigation methods with respect to the material, including— (1) an assessment of including the material in the National Defense Stockpile; (2) in consultation with the United States Trade Represent- ative, the identification of any trade practices known to the Secretary that limit the Secretary’s ability to ensure the long- term availability of such material or the ability to meet the Deadline.
