S.Amdt. 619

SA 619. Ms. CORTEZ MASTO submitted an amendment intended to be
proposed by her to the bill S. 2226, to authorize appropriations for
fiscal year 2024 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle E of title VIII, add the following:

SEC. 866. MODIFICATION TO PROCUREMENT REQUIREMENTS RELATING
TO RARE EARTH ELEMENTS AND STRATEGIC AND
CRITICAL MATERIALS.

(a) Modification Regarding Advanced Batteries in
Disclosures Concerning Rare Earth Elements and Strategic and
Critical Materials by Contractors of Department of Defense.--
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 mined;
``(ii) any strategic and critical materials that are
covered minerals used in the battery or component were
refined, processed, or reprocessed;
``(iii) any strategic and critical materials that are
covered minerals and that were manufactured into the battery
or component; and
``(iv) 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.''.

[[Page S2724]]

(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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