S. 2031 – Reading Mode

118th CONGRESS

1st Session

S. 2031

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.

Short title

This Act may be cited as the Critical Mineral Independence Act of 2023.

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.