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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10376 Introduced in House (IH)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. EXPORT CONTROLS TO PREVENT THE PEOPLE'S REPUBLIC OF CHINA
FROM EXPLOITING ITEMS SUCH AS BLACK MASS AND CERTAIN
OTHER PRODUCTS PRODUCED IN THE UNITED STATES.
(a) Purpose.--The purpose of this Act is to facilitate resilient
critical mineral supply chains and promote the development of domestic
processing, sustainable recycling and recovery of critical materials
from spent lithium-ion batteries, limit predatory price inflation by
the People'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 following:
``SEC. 1758A. EXPORT CONTROLS TO PREVENT THE PEOPLE'S REPUBLIC OF CHINA
FROM EXPLOITING ITEMS SUCH AS BLACK MASS AND CERTAIN
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 transfer of covered items if the
end-user is a foreign adversary 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 produced from the
mechanical processing of spent lithium-ion batteries,
cathode active material, and anode active material that
includes a mixture of lithium, cobalt, nickel, and
manganese, and graphite; and
``(B) does not include intact batteries, partially
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, including all
Special Administrative Regions;
``(B) the Republic of Cuba;
``(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 Secretary, in
consultation with other relevant Federal officials, to
have engaged in a long-term pattern or serious
instances of conduct significantly 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 jurisdiction
of, or organized under the laws of, a foreign
adversary;
``(B) a foreign entity that is more than 25 percent
owned, directed, controlled, financed, or influenced
directly or indirectly by the Government of the
People's Republic of China, the Chinese Communist
Party, or the Chinese military, including any entity
for which the Government of the People's Republic of
China, the Chinese Communist Party, or the Chinese
military has the ability, through ownership of a
majority or a dominant minority of the total
outstanding 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
subparagraph (A) or (B);
``(5) the term `permanent magnet' means Neodymium Iron
Boron magnets and Samarium Cobalt magnets; and
``(6) the term `swarf' means intermediate material produced
from the mechanical processing to shape and produce permanent
magnets with a composition that includes Neodymium Iron Boron,
Samarium 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 inserting after the item relating to section
1758 the following:
``Sec. 1758A. Export controls to prevent the People's Republic of China
from exploiting items such as black mass
and other products produced in the United
States.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Foreign Affairs.
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