I 
118TH CONGRESS 
2D SESSION H. R. 10376 
To amend the Export Control Reform Act of 2018 to prevent the People’s 
Republic of China from exploiting items such as black mass and certain 
other products produced in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2024 
Mr. WITTMAN (for himself, Ms. CASTOR of Florida, Mr. MOOLENAAR, Mr. 
KRISHNAMOORTHI, Mr. GIMENEZ, Ms. STEVENS, Mr. TORRES of New 
York, and Mr. CLINE) introduced the following bill; which was referred 
to the Committee on Foreign Affairs 
A BILL 
To amend the Export Control Reform Act of 2018 to prevent 
the People’s Republic of China from exploiting items 
such as black mass and certain other products produced 
in the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. EXPORT CONTROLS TO PREVENT THE PEO-
PLE’S REPUBLIC OF CHINA FROM EXPLOIT-
ING ITEMS SUCH AS BLACK MASS AND CER-
TAIN OTHER PRODUCTS PRODUCED IN THE 
UNITED STATES. 
(a) PURPOSE.—The purpose of this Act is to facili-
tate resilient critical mineral supply chains and promote 
the development of domestic processing, sustainable recy-
cling and recovery of critical materials from spent lithium- 
ion batteries, limit predatory price inflation by the Peo-
ple’s Republic of China, and encourage a domestic battery 
recycling and recycled material processing industry. 
(b) AMENDMENTS.— 
(1) IN GENERAL.—Part I of the Export Control 
Reform Act of 2018 (50 U.S.C. 4811 et seq.) is 
amended by inserting after section 1758 the fol-
lowing: 
‘‘SEC. 1758A. EXPORT CONTROLS TO PREVENT THE PEO-
PLE’S REPUBLIC OF CHINA FROM EXPLOIT-
ING ITEMS SUCH AS BLACK MASS AND CER-
TAIN OTHER PRODUCTS PRODUCED IN THE 
UNITED STATES. 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this section, the Secretary shall 
require a license for the export, reexport, or in-country 
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transfer of covered items if the end-user is a foreign adver-
sary or foreign adversary entity. 
‘‘(b) LICENSING REQUIREMENTS.—The Secretary 
shall deny any license application for the export, re-export, 
or in-country transfer of black mass if the end-user is a 
foreign adversary or a foreign adversary entity. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) the term ‘black mass’— 
‘‘(A) means intermediate material pro-
duced from the mechanical processing of spent 
lithium-ion batteries, cathode active material, 
and anode active material that includes a mix-
ture of lithium, cobalt, nickel, and manganese, 
and graphite; and 
‘‘(B) does not include intact batteries, par-
tially disassembled batteries, or any component 
of the battery that has not been subjected to 
mechanical processing; 
‘‘(2) the term ‘covered item’ means— 
‘‘(A) black mass; and 
‘‘(B) swarf; 
‘‘(3) term ‘foreign adversary’ means— 
‘‘(A) the People’s Republic of China, in-
cluding all Special Administrative Regions; 
‘‘(B) the Republic of Cuba; 
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‘‘(C) the Islamic Republic of Iran; 
‘‘(D) the Democratic People’s Republic of 
Korea; 
‘‘(E) the Russian Federation; and 
‘‘(F) any country determined by the Sec-
retary, in consultation with other relevant Fed-
eral officials, to have engaged in a long-term 
pattern or serious instances of conduct signifi-
cantly adverse to the national security of the 
United States or security and safety of United 
States persons; 
‘‘(4) 
the 
term 
‘foreign 
adversary 
entity’ 
means— 
‘‘(A) a foreign entity subject to the juris-
diction of, or organized under the laws of, a for-
eign adversary; 
‘‘(B) a foreign entity that is more than 25 
percent owned, directed, controlled, financed, or 
influenced directly or indirectly by the Govern-
ment of the People’s Republic of China, the 
Chinese Communist Party, or the Chinese mili-
tary, including any entity for which the Govern-
ment of the People’s Republic of China, the 
Chinese Communist Party, or the Chinese mili-
tary has the ability, through ownership of a ma-
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jority or a dominant minority of the total out-
standing voting interest in the entity, board 
representation, proxy voting, a special share, 
contractual arrangements, formal or informal 
arrangements to act in concert, or other means, 
to determine, direct, or decide for the entity in 
an important manner; or 
‘‘(C) a foreign entity owned, directed, or 
controlled by a foreign entity described in sub-
paragraph (A) or (B); 
‘‘(5) the term ‘permanent magnet’ means Neo-
dymium Iron Boron magnets and Samarium Cobalt 
magnets; and 
‘‘(6) the term ‘swarf’ means intermediate mate-
rial produced from the mechanical processing to 
shape and produce permanent magnets with a com-
position that includes Neodymium Iron Boron, Sa-
marium Cobalt, Aluminum Nickel Cobalt, or end-of- 
life permanent magnet waste materials.’’. 
(2) CLERICAL
AMENDMENTS.—The tables of 
contents in section 2(b) and title XVII of division A 
of Public Law 115–232 are each amended by insert-
ing after the item relating to section 1758 the fol-
lowing: 
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‘‘Sec. 1758A. Export controls to prevent the People’s Republic of China from 
exploiting items such as black mass and other products pro-
duced in the United States.’’. 
Æ 
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