[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2031 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2031
To strengthen the national security of the United States by decreasing
the reliance of the Department of Defense on critical minerals from the
People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of North Korea, and
other geostrategic competitors and adversaries of the United States,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2023
Mr. Romney (for himself, Mr. Sullivan, and Mr. Peters) introduced the
following bill; which was read twice and referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To strengthen the national security of the United States by decreasing
the reliance of the Department of Defense on critical minerals from the
People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of North Korea, and
other geostrategic competitors and adversaries of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Mineral Independence Act of
2023''.
SEC. 2. STRATEGY TO ACHIEVE CRITICAL MINERAL SUPPLY CHAIN INDEPENDENCE
FOR THE DEPARTMENT OF DEFENSE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall submit to the appropriate committees of Congress
a strategy to develop supply chains for the Department of Defense that
are not dependent on mining or processing of critical minerals in or by
covered countries, in order to achieve critical mineral supply chain
independence from covered countries for the Department by 2035.
(b) Elements.--The strategy required by subsection (a) shall--
(1) identify and assess significant vulnerabilities in the
supply chains of contractors and subcontractors of the
Department of Defense involving critical minerals that are
mined or processed in or by covered countries;
(2) identify and recommend changes to the acquisition laws,
regulations, and policies of the Department of Defense to
ensure contractors and subcontractors of the Department use
supply chains involving critical minerals that are not mined or
processed in or by covered countries to the greatest extent
practicable;
(3) evaluate the utility and desirability of using
authorities provided by the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) to expand supply chains and processing
capacity for critical minerals in the United States;
(4) evaluate the utility and desirability of expanding
authorities provided by the Defense Production Act of 1950 to
be used to expand supply chains and processing capacity for
critical minerals by countries that are allies or partners of
the United States;
(5) evaluate the utility and desirability of leveraging the
process for acquiring shortfall materials for the National
Defense Stockpile under the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98 et seq.) to expand supply chains
and processing capacity for critical minerals in the United
States and in countries that are allies or partners of the
United States;
(6) identify areas of potential engagement and partnership
with the governments of countries that are allies or partners
of the United States to jointly reduce dependence on critical
minerals mined or processed in or by covered countries;
(7) identify and recommend other policy changes that may be
needed to achieve critical mineral supply chain independence
from covered countries for the Department;
(8) identify and recommend measures to streamline
authorities and policies with respect to critical minerals and
supply chains for critical minerals; and
(9) prioritize the recommendations made in the strategy to
achieve critical mineral supply chain independence from covered
countries for the Department, taking into consideration
economic costs and varying degrees of vulnerability posed to
the national security of the United States by reliance on
different types of critical minerals.
(c) Form of Strategy.--The strategy required by subsection (a)
shall be submitted in classified form but shall include an unclassified
summary.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services of the Senate;
and
(B) the Committee on Armed Services of the House of
Representatives.
(2) Covered country.--The term ``covered country'' means--
(A) a covered nation, as defined in section 4872,
title 10, United States Code; and
(B) any other country determined by the Secretary
of Defense to be a geostrategic competitor or adversary
of the United States for purposes of this Act.
(3) Critical mineral.--The term ``critical mineral'' means
a critical mineral (as defined in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a))) that the Secretary of Defense
determines to be important to the national security of the
United States for purposes of this Act.
(4) Shortfall material.--The term ``shortfall material''
means materials determined to be in shortfall in the most
recent report on stockpile requirements submitted to Congress
under subsection (a) of section 14 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-5) and
included in the most recent briefing required by subsection (f)
of that section.
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