[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2723-S2724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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