As we have noted, the recently-signed John S. McCain (may he rest in peace) National Defense Authorization Act for Fiscal Year 2019 (H.R. 5515), stands as a missed opportunity to enact several meaningful mineral resource policy reforms.

Nonetheless, one provision of the signed legislation marks an important development for the realm of resource policy – so important, in fact, that Jeffery A. Green, president and founder of J. A. Green & Company and member of the ARPN panel of experts calls it “the single biggest legislative development in the rare earth sector since the 2010 Chinese embargo created an awareness of our military’s reliance on foreign rare earth materials.”

The NDAA’s Section 873, “Prohibition on acquisition of sensitive materials from non-allied foreign nations,” amends Subchapter V of chapter 148 of title 10, U.S. Code by inserting section 2533c – which, among other things, effectively prevents the Pentagon from sourcing of Rare Earth Magnets from China.

In response to questions from InvestorIntel, Green provides some more context:

“The new law which sets an increased budget for defense expenditure prevents the purchase of rare earth magnets from China, which currently produces 85-90% per cent of the world’s rare earth magnets. Some 90% of rare earths consumed by the US military are produced by China.

The new law takes effect immediately, but practically speaking, it will take the DoD some time to implement the law through regulation and to start including the prohibition in new contracts.

To be clear, this law only applies to the use of Chinese NdFeB (Neodymium, Iron, Boron) and SmCo (Samarium, Cobalt) magnets, the latter being already subject to a previous law requiring domestic sourcing.

The new law, 10 U.S.C. 2533c, closely mirrors an existing domestic sourcing law, ‘the specialty metals clause’, at 10 U.S.C. 2533b.  While the latter is a Buy American clause, the former states DOD will not allow rare earth magnets and tungsten in weapon systems that is produced by potential adversaries.

The law explicitly prohibits rare earth magnets and tungsten from being ‘melted or produced’ in China, Russia, North Korea and Iran. That means the production of the magnet can’t be in those countries, so importers and distributors can’t simply bring magnet block into another country and finish into a final part – the law is designed to reinvigorate rare earth magnet manufacturing outside of China.”

As Green had previously stated in a piece for Real Clear Defense as the bill was being considered by lawmakers:

“While a good first step, and one long overdue, Sec. 873 addresses just a small percentage of America’s import dependence for essential military components. In next year’s NDAA, Congress should consider expanding this provision, with input from the technical experts at the Department of Defense, to include other critical minerals essential to national security.”

With the precedent-setting passage of the amendment, the groundwork has been laid for this to actually happen. Writes Green:

“The DOD may ask in the near future for new materials to be added to 10 U.S.C. 2533c, so there’s a good chance that this precedent continues as the Trump Administration seeks to eliminate the strategic vulnerability of foreign import reliance for critical materials – this bodes well for prospective producers outside China and Russia.”

Read the full InvestorIntel piece here.