[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2031 Introduced in Senate (IS)]

<DOC>






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.
                                 <all>