I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MODIFICATION TO PROCUREMENT REQUIRE4 MENTS RELATING TO RARE EARTH ELE5 MENTS AND STRATEGIC AND CRITICAL MATE6 RIALS. 

7 (a) IN GENERAL.—Section 857 of the James M. 

8 Inhofe National Defense Authorization Act for Fiscal Year 


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•HR 9917 IH

1 2023 (Public Law 117–263; 136 Stat. 2727; 10 U.S.C. 

2 4811 note) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (1)(A)— 

5 (i) by striking ‘‘permanent magnet’’ 

6 and inserting ‘‘permanent magnet, or an 

7 advanced battery or advanced battery com8 ponent (as those terms are defined, respec9 tively, in section 40207(a) of the Infra10 structure Investment and Jobs Act (42 

11 U.S.C. 18741(a))),’’; and 

12 (ii) by striking ‘‘of the magnet’’ and 

13 inserting ‘‘of the magnet, the advanced 

14 battery, or the advanced battery compo15 nent (as applicable)’’; and 

16 (B) in paragraph (2), by amending to read 

17 as follows: 

18 ‘‘(2) ELEMENTS.—A disclosure under para19 graph (1) with respect to a system described in that 

20 paragraph shall include— 

21 ‘‘(A) if the system includes a permanent 

22 magnet, an identification of the country or 

23 countries in which— 


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•HR 9917 IH

1 ‘‘(i) any rare earth elements and stra2 tegic and critical materials used in the 

3 magnet were mined; 

4 ‘‘(ii) such elements and materials were 

5 refined into oxides; 

6 ‘‘(iii) such elements and materials 

7 were made into metals and alloys; and 

8 ‘‘(iv) the magnet was sintered or 

9 bonded and magnetized; and 

10 ‘‘(B) if the system includes an advanced 

11 battery or an advanced battery component, an 

12 identification of the country or countries in 

13 which— 

14 ‘‘(i) any strategic and critical mate15 rials that are covered minerals used in the 

16 battery or component were refined, proc17 essed, or reprocessed; 

18 ‘‘(ii) any strategic and critical mate19 rials that are covered minerals and that 

20 were manufactured into the battery or 

21 component; and 

22 ‘‘(iii) the battery cell, module, and 

23 pack of the battery or component were 

24 manufactured and assembled.’’; and 


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1 (2) by amending subsection (d) to read as fol2 lows: 

3 ‘‘(d) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘strategic and critical materials’ 

5 means materials designated as strategic and critical 

6 under section 3(a) of the Strategic and Critical Ma7 terials Stock Piling Act (50 U.S.C. 98b(a)). 

8 ‘‘(2) The term ‘covered minerals’ means lith9 ium, nickel, cobalt, manganese, and graphite.’’. 

10 (b) TECHNICAL AMENDMENTS.—Subsection (a) of 

11 such section 857 is further amended— 

12 (1) in paragraph (3), by striking ‘‘provides the 

13 system’’ and inserting ‘‘provides the system as de14 scribed in paragraph (1)’’; and 

15 (2) in paragraph (4)(C), by striking ‘‘a senior 

16 acquisition executive’’ and inserting ‘‘a service acqui17 sition executive’’. 

Æ 


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