[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4548 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4548

 To require a national strategy to secure United States supply chains 
involving critical minerals sourced from the Democratic Republic of the 
                     Congo, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2023

 Mr. James (for himself, Mr. Baird, Mrs. Kim of California, Mr. Mills, 
 and Mr. Kean of New Jersey) introduced the following bill; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
    Committees on the Judiciary, Financial Services, and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require a national strategy to secure United States supply chains 
involving critical minerals sourced from the Democratic Republic of the 
                     Congo, 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 ``Building Relationships and 
Increasing Democratic Governance through Engagement to DRC Act of 
2023'' or the ``BRIDGE to DRC Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States recognized the Democratic Republic of 
        the Congo (hereafter referred to as ``the DRC'') on June 30, 
        1960.
            (2) The DRC has long suffered from armed conflicts and 
        threats to its territorial integrity, including by the March 23 
        Movement (M23), the Allied Defense Forces, and the Forces 
        Democratiques de Liberation du Rwanda (FDLR).
            (3) The DRC's instability is further exacerbated by 
        political instability, endemic corruption, exploitation of its 
        natural resources, armed conflict, gross human rights abuses, 
        and humanitarian crises, which destabilize the region and cause 
        mass human suffering.
            (4) The DRC is scheduled to conduct presidential, 
        legislative, provincial, and local elections in December 2023.
            (5) The United Nations Stabilization Mission in the 
        Democratic Republic of the Congo (MONUSCO) has failed to 
        stabilize eastern DRC and failed its mandate to protect 
        civilians.
            (6) The East African Community's intervention has failed to 
        stem armed conflicts and stabilize eastern DRC.
            (7) The DRC has globally significant reserves of rare earth 
        minerals and other critical minerals, including deposits of 
        copper, cobalt, lithium, niobium, germanium, and tantalum.
            (8) The DRC is the world's largest producer and exporter of 
        cobalt and the world's second largest producer of copper.
            (9) The People's Republic of China (PRC) has a near 
        monopoly of the DRC's cobalt mining sector, with 15 of the 19 
        cobalt-producing mines in the DRC being owned or financed by 
        PRC based firms in 2021, which directly contributes to its near 
        monopoly over global critical mineral supply chains.
            (10) The PRC refines 80 percent of the world's cobalt and 
        60 percent of its lithium.
            (11) The United States National Highway Traffic Safety 
        Administration projects that the technology costs required for 
        manufacturers to adhere to current industrial targets could 
        increase by $90 billion over the lifetimes of vehicles through 
        2029, with per-vehicle costs increasing by roughly $1,110 on 
        average per United States consumer for new vehicles.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the stability of the Democratic Republic of the Congo 
        is a strategic priority for the United States on the African 
        continent, and it is in the economic and national security 
        interest of the United States to support accountable, 
        inclusive, and democratic governance in the Democratic Republic 
        of Congo;
            (2) it is in the United States interest to support 
        additional efforts to end conflict in eastern DRC, including by 
        seeking to stem the Rwandan Government's support to the M23, 
        the documented use of child soldiers, and the threat posed to 
        the Congolese people from undisciplined elements of the Armed 
        Forces of the DRC and other non-state armed groups;
            (3) United States humanitarian assistance remains critical 
        in providing millions of people in the DRC with life-saving aid 
        and alleviating the suffering of people affected by disasters;
            (4) as the largest financial contributor to the United 
        Nations Stabilization Mission in the Democratic Republic of the 
        Congo, with an estimated $313,000,000 in fiscal year 2023 
        appropriations allocated for the mission, the United States 
        should use its voice, vote, and influence in the United Nations 
        Security Council to support the United Nations pre-existing 
        plan to draw down the Mission not later than December 2024;
            (5) the current near monopoly of the PRC over the DRC's 
        cobalt and critical mineral extraction and near monopsony of 
        the PRC over the DRC's cobalt and global critical mineral 
        processing and refining deprives the DRC of important revenue 
        and added value, and represents an economic and national 
        security threat for the United States that directly impacts 
        United States energy independence and military preparedness;
            (6) the United States should ensure development of 
        voluntary standards, support of multi stakeholder alliances and 
        industry coalitions, and pursue actions to end human rights 
        violations, environmental degradation, opaque businesses 
        practices, and widespread forced labor, including child labor, 
        in the DRC's mining industry, a problem exacerbated by PRC 
        linked companies' flagrant disregard for human rights;
            (7) previous United States policies in regard to the DRC's 
        natural resources and minerals, such as section 1502 of the 
        Dodd-Frank Wall Street Reform and Consumer Protection Act (15 
        U.S.C. 78m note), have punished the DRC and incentivized 
        illicit trade through the DRC's neighbors; and
            (8) The sale of the Tenke Fungurume mine in 2016, and the 
        undeveloped Kisanfu concession in 2020, to the PRC State-tied 
        mining company CMOC (previously known as China Molybdenum 
        Company Limited) damaged United States economic and national 
        security interests by contributing to the PRC's control of 
        global cobalt supply chains.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) support the conduct of free, fair, and on time 
        democratic elections in the DRC by advocating for enhanced 
        civic education, an inclusive and transparent voter 
        registration process that includes voter access in all 
        provinces, including those where a state of siege declaration 
        applies, and enabling all candidates to fairly compete, 
        including through respecting all candidates' rights to free 
        expression and free assembly;
            (2) encourage the adoption of measures that ensure the 
        elections in the DRC are free, fair and democratic, including 
        through support for transparent tabulation processes, the 
        publication of both preliminary and final electoral results by 
        the Commission Electorale Nationale Independante (CENI) on its 
        website and polling station premises in an appropriate 
        timeframe to allow cross-checking against data gathered by 
        election observers, and broad access for credible election 
        observation by domestic and international actors including, 
        where appropriate, civil society and faith-based entities, such 
        as the Conference Episcopale Nationale du Congo and the Church 
        of Christ in Congo;
            (3) contribute to efforts to end the M23 conflict, 
        including by supporting the African Union and East African 
        Community efforts to achieve a lasting ceasefire and 
        restricting all United States security assistance and 
        cooperation to the Government of Rwanda until the Secretary of 
        State certifies to the appropriate committees of Congress that 
        Rwanda has terminated any and all military support for the M23;
            (4) use existing sanctions authorities authorized by the 
        Global Magnitsky Human Rights Accountability Act (22 U.S.C. 
        10101 et seq.) against perpetrators of corruption or human 
        rights violations in the DRC;
            (5) support efforts to accurately oversee, monitor, and 
        prevent labor and human rights abuses in the DRC's mining 
        industry in order to remove child and slave labor from United 
        States supply chains, including by encouraging the Government 
        of the DRC to support the formalization of artisanal and small 
        scale mining;
            (6) engage with the Government of the DRC to address 
        factors, including opaque business and taxation practices, and 
        unpredictable administrative requirements, that limit United 
        States investment and constrain the ability of the United 
        States and DRC to strengthen economic cooperation;
            (7) require institutions including the Department of State, 
        the United States Agency for International Development, the 
        Development Finance Corporation, and the Department of Commerce 
        to identify opportunities to increase the amount of United 
        States investment in the DRC's critical minerals sector; and
            (8) recognize that the PRC's influence over the DRC's 
        mining sector output and processing is of concern to the 
        economic and national security of the United States.

SEC. 5. NATIONAL STRATEGY TO ENSURE A CONTINUED ROLE IN THE DRC'S 
              CRITICAL MINERAL SECTOR.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the President, in consultation with the 
Secretary of State, the Secretary of Defense, the Administrator of the 
United States Agency for International Development, and the heads of 
other appropriate Federal agencies, shall submit to the appropriate 
congressional committees a written strategy that--
            (1) identifies the critical minerals present in the DRC 
        that--
                    (A) are part of the United States Geological Survey 
                list of 50 mineral commodities critical to the United 
                States economy and national security; and
                    (B) are at highest risk of supply chain disruption 
                due to the domestic or global actions, including price-
                fixing, systemic acquisition and control of global 
                mineral resources and processing, refining, smelting 
                capacity, or undercutting the fair market value of such 
                resources, by any covered entity; and
            (2) is focused on--
                    (A) securing United States supply chains which 
                involve critical minerals sourced from the DRC; and
                    (B) securing and expanding United States supply 
                chains which involve the critical minerals identified 
                pursuant to paragraph (1)(B).
    (b) Elements.--The strategy required by subsection (a) shall also 
include the following:
            (1) Analysis of the national security implications and 
        impact on national supply chain sovereignty caused by the 2016 
        and 2020 sales of Tenke Fungurume mine and the undeveloped 
        Kisanfu concession to China Molybdenum Company Limited.
            (2) A review of the effectiveness of section 1502 of the 
        Dodd-Frank Wall Street Reform and Consumer Protection Act (15 
        U.S.C. 78m note), including--
                    (A) a list of all mining companies, grouped by 
                nationality, who left eastern DRC following section 
                1502's enactment in 2010;
                    (B) analysis showing the market share for the 
                conflict mineral trade in eastern DRC before and after 
                section 1502's enactment which shall include, where 
                possible, market share analysis for 2005, 2010, 2015 
                and 2020;
                    (C) analysis of the unemployment factors, including 
                disarmament, demobilization, and reintegration efforts, 
                in eastern DRC following section 1502's enactment;
                    (D) analysis of security sector reform efforts in 
                eastern DRC since section 1502's enactment;
                    (E) an assessment of the effectiveness of section 
                1502 in limiting financial benefits from accruing, 
                either directly or indirectly, to armed groups in the 
                DRC or adjoining countries; and
                    (F) analysis of the level of illicit mining that 
                has occurred in eastern DRC's conflict mineral trade 
                following section 1502's enactment, which shall 
                include--
                            (i) statistical analysis showing the degree 
                        of illegal smuggling of conflict minerals into 
                        adjoining countries; and
                            (ii) an assessment of the level of 
                        coordination and cooperation in the illegal 
                        smuggling of conflict minerals between 
                        adjoining countries and non-state armed actors 
                        present in eastern DRC.
            (3) An analysis of the level of control exerted by the PRC 
        over the DRC's mining sector, including--
                    (A) the market share of covered entities which 
                shall include analysis of the market share for each of 
                the critical minerals identified pursuant to subsection 
                (a)(1)(B) in both the DRC as a whole and within each 
                province where the critical minerals are located;
                    (B) the financial terms of covered entities 
                investments in primary extraction; and
                    (C) a diagram detailing the location of covered 
                entities operations throughout the supply chain of the 
                critical minerals identified in subsection (a)(1)(B) 
                from extraction to refinement.
            (4) A list of each covered entity analyzed with respect to 
        the evaluation of risk required by subsection (a)(1)(B).
            (5) An assessment of the risks facing United States supply 
        chains as a result of the PRC's position in the DRC's mining 
        sector.
            (6) An assessment of human rights and labor conditions at 
        mines in the DRC at which covered entities operate.
            (7) An assessment of the market share and capacity of 
        trusted partner nations' mining companies with respect to the 
        DRC's mining sector.
            (8) A strategic plan to use bilateral and multilateral 
        diplomatic relations, including through sustained engagement 
        with the governments of United States allies and partners, to 
        express to the Government of the DRC the support of the 
        international community for the formalization of artisanal and 
        small scale mining.
            (9) An assessment of the factors that allowed the PRC to 
        gain market dominance in parts of the DRC's mining industry and 
        which factors present the most significant barriers to 
        increased United States investment in the DRC's mining sector.
            (10) An assessment of the ability of the DRC's critical 
        mineral sector to positively contribute to United States 
        efforts to fulfill both industrial production targets and 
        ensure military preparedness, that includes--
                    (A) analysis of the importance of the critical 
                minerals in the DRC, as identified by subsection 
                (a)(1)(B), in reaching current United States industrial 
                production targets;
                    (B) analysis of the DRC's business climate, 
                specifically the reliability, transparency and 
                consistency of its business practices;
                    (C) evaluation of the impact of the factors 
                identified in sections (b)(3), (b)(5), (b)(7), (b)(9) 
                and (b)(10)(B) of this strategy on the ability of the 
                United States to secure its critical mineral supply 
                chains.
            (11) An interagency approved plan to increase United States 
        investment in the DRC, including through--
                    (A) increasing technical assistance and capacity 
                building measures and conducting feasibility studies to 
                rebuild infrastructure and reform the DRC's business 
                climate, including through reforms to the governance of 
                the DRC's State-owned enterprises (SOEs), in order to 
                support domestic innovation and economic 
                diversification, and increase local sub-contracting and 
                private sector-led growth;
                    (B) ensuring foreign assistance initiatives promote 
                sustainable development in communities affected by 
                mining, protect human rights, and provide professional 
                training for local workers; and
                    (C) assessing staffing levels at the United States 
                Embassy in Kinshasa, and increasing them if necessary, 
                including having at least 1 Foreign Service Officer 
                exclusively dedicated to critical minerals, to reflect 
                the importance of the DRC to United States supply 
                chains and enhance the competitiveness of United States 
                development financing including through the United 
                States International Development Finance Corporation 
                and the Foreign Commercial Service.
    (c) Form.--The strategy required under subsection (a) shall be 
submitted in unclassified form and may include a classified annex.
    (d) Updates.--Not later than 3 years after the submission of the 
initial strategy required by subsection (a), and every 3 years 
thereafter, the President shall submit to the appropriate congressional 
committees a report that includes--
            (1) an update of the strategy submitted pursuant to 
        subsection (a); and
            (2) an assessment of the effectiveness of such strategy, as 
        of the date of the submission of the update, in securing United 
        States supply chains which rely on critical minerals sourced 
        from the DRC.
    (e) Definitions.--
            (1) Appropriate congressional committees.--The term 
        ``appropriate Congressional Committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Appropriations, the Committee on Financial Services, 
                and the Committee on Ways and Means of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Appropriations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
            (2) Armed group.--The term ``armed group'' means an armed 
        state or non-state actor that is identified as a perpetrator of 
        serious human rights abuses in the Department of State's annual 
        Country Reports on Human Rights Practices.
            (3) Conflict mineral.--The term ``conflict mineral'' means 
        columbite-tantalite (coltan), cassiterite, gold, wolframite, or 
        their derivatives, or any other mineral or its derivatives that 
        the Secretary of State determines to be financing conflict in 
        the DRC or an adjoining country.
            (4) Covered entity.--The terms ``covered entity'' means a 
        foreign entity that--
                    (A) is subject to the jurisdiction or direction of 
                the PRC;
                    (B) is legally registered or internationally 
                headquartered in the PRC;
                    (C) is directly operating on behalf of the PRC;
                    (D) is majority owned by, or directly or indirectly 
                controlled by, the PRC;
                    (E) receives funding, either directly or 
                indirectly, from the Government of the PRC, PRC State 
                policy banks, or any other bank that is financed 
                primarily by the PRC;
                    (F) that is formed from a spin-off, merger or 
                acquisition, or sale of a business unit involving an 
                entity described in any of subparagraphs (A) through 
                (E) or is otherwise a successor to such an entity; or
                    (G) provides financial services for an entity 
                described in any of subparagraphs (A) through (F).
            (5) Drc.--The term ``DRC'' means the Democratic Republic of 
        the Congo.
            (6) Prc.--The term ``PRC'' means the People's Republic of 
        China.
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