Sec. 181. Multiyear procurement authority for domestically processed rare earth elements
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Subject to section 3501 of title 10, United States Code, and from amounts made available by discretionary appropriations Acts from the National Defense Stockpile Transaction Fund (as established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (( 50 U.S.C. 98h(a) )) after the date of the enactment of this Act, the Secretary of Defense may enter into one or more multiyear contracts for the procurement of rare earth elements that are processed in the United States by qualified domestic sources.
A multiyear contract entered into under this section shall be deemed to be an acquisition under the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ) of materials determined to be a strategic or critical material under section 3(a) of such Act. The Secretary of Defense may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the domestically processed rare earth elements for which authorization to enter into a multiyear procurement contract is provided under subsection (a).
A contract entered into under subsection
(a)shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. In this section: The term processed means the processing or recycling of a rare earth material or magnet, including the separation, reduction, metallization, alloying, milling, pressing, strip casting, and sintering of a rare earth element. The term qualified domestic source means a domestic source (as defined in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 )). The term rare earth element means any of the following: Cerium. Dysprosium. Erbium. Europium. Gadolinium. Holmium. Lanthanum. Lutetium. Neodymium. Praseodymium. Promethium. Samarium. Scandium. Terbium. Thulium. Ytterbium. Yttrium.
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Sec. 181
Multiyear procurement authority for domestically processed rare earth elements
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