0750-AL76 202404 Unified Agenda of Federal Regulatory and Deregulatory Actions 0750 Defense Acquisition Regulations Council DARC 0700 Department of Defense DOD Procurement Requirements for Rare Earth Elements and Strategic Critical Materials (DFARS Case 2023-D003)

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 857(a) and (b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023. Section 857(a) requires any contractor that provides a system with a permanent magnet, that contains rare earth elements or strategic and critical materials disclose, after undertaking commercially reasonable inquiry, the provenance of the magnet and safeguard such disclosures in accordance with the applicable classification level required by the associated programs. Section 857(b) expands restrictions on procurement of military and dual use technologies by Chinese Military Companies and amends section 1211 of the NDAA for FY 2006; 10 U.S.C. 4651 note).

]]> Substantive, Nonsignificant Previously Published in The Unified Agenda Proposed Rule Stage Undetermined No 48 CFR 225 48 CFR 252 41 U.S.C. 1303 Pub. L. 117-263, section 857(a) and (b) Statutory Other Not earlier than 30 months after enactment The prohibition in section 857(b) takes effect 180 days after the date on which the Secretary of Defense certifies to the congressional defense committees that a sufficient number of commercially viable providers exist outside of the People's Republic of China that collectively can provide the Department of Defense with satisfactory quality and sufficient quantity of the goods and services described in section 857(b)(1)(B) as and when needed at United States market prices. No NPRM 10/00/2024 No Federal No No No Yes Jennifer Johnson D. Office of the Under Secretary of Defense for Acquisition and Sustainment 0750 Defense Acquisition Regulations Council DARC 703 717-8226 jennifer.d.johnson1.civ@mail.mil Defense Pricing, Contracting, & Acquisition Policy, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon, Washington DC 20301-3060