[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9917 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9917

To modify procurement requirements relating to rare earth elements and 
 strategic and critical materials by contractors of the Department of 
                    Defense, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 2024

 Mr. Finstad (for himself, Mr. Bergman, and Mr. Veasey) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To modify procurement requirements relating to rare earth elements and 
 strategic and critical materials by contractors of the Department of 
                    Defense, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MODIFICATION TO PROCUREMENT REQUIREMENTS RELATING TO RARE 
              EARTH ELEMENTS AND STRATEGIC AND CRITICAL MATERIALS.

    (a) In General.--Section 857 of the James M. Inhofe National 
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 
Stat. 2727; 10 U.S.C. 4811 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(A)--
                            (i) by striking ``permanent magnet'' and 
                        inserting ``permanent magnet, or an advanced 
                        battery or advanced battery component (as those 
                        terms are defined, respectively, in section 
                        40207(a) of the Infrastructure Investment and 
                        Jobs Act (42 U.S.C. 18741(a))),''; and
                            (ii) by striking ``of the magnet'' and 
                        inserting ``of the magnet, the advanced 
                        battery, or the advanced battery component (as 
                        applicable)''; and
                    (B) in paragraph (2), by amending to read as 
                follows:
            ``(2) Elements.--A disclosure under paragraph (1) with 
        respect to a system described in that paragraph shall include--
                    ``(A) if the system includes a permanent magnet, an 
                identification of the country or countries in which--
                            ``(i) any rare earth elements and strategic 
                        and critical materials used in the magnet were 
                        mined;
                            ``(ii) such elements and materials were 
                        refined into oxides;
                            ``(iii) such elements and materials were 
                        made into metals and alloys; and
                            ``(iv) the magnet was sintered or bonded 
                        and magnetized; and
                    ``(B) if the system includes an advanced battery or 
                an advanced battery component, an identification of the 
                country or countries in which--
                            ``(i) any strategic and critical materials 
                        that are covered minerals used in the battery 
                        or component were refined, processed, or 
                        reprocessed;
                            ``(ii) any strategic and critical materials 
                        that are covered minerals and that were 
                        manufactured into the battery or component; and
                            ``(iii) the battery cell, module, and pack 
                        of the battery or component were manufactured 
                        and assembled.''; and
            (2) by amending subsection (d) to read as follows:
    ``(d) Definitions.--In this section:
            ``(1) The term `strategic and critical materials' means 
        materials designated as strategic and critical under section 
        3(a) of the Strategic and Critical Materials Stock Piling Act 
        (50 U.S.C. 98b(a)).
            ``(2) The term `covered minerals' means lithium, nickel, 
        cobalt, manganese, and graphite.''.
    (b) Technical Amendments.--Subsection (a) of such section 857 is 
further amended--
            (1) in paragraph (3), by striking ``provides the system'' 
        and inserting ``provides the system as described in paragraph 
        (1)''; and
            (2) in paragraph (4)(C), by striking ``a senior acquisition 
        executive'' and inserting ``a service acquisition executive''.
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