[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1871 Engrossed in Senate (ES)]

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118th CONGRESS
  2d Session
                                S. 1871

_______________________________________________________________________

                                 AN ACT


 
To create intergovernmental coordination between State, local, Tribal, 
  and territorial jurisdictions, and the Federal Government to combat 
  United States reliance on the People's Republic of China and other 
covered countries for critical minerals and rare earth metals, 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 ``Intergovernmental Critical Minerals 
Task Force Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) current supply chains of critical minerals pose a great 
        risk to the national security of the United States;
            (2) critical minerals are necessary for transportation, 
        technology, renewable energy, military equipment and machinery, 
        and other relevant sectors crucial for the homeland and 
        national security of the United States;
            (3) in 2022, the United States was 100 percent import 
        reliant for 12 out of 50 critical minerals and more than 50 
        percent import reliant for an additional 31 critical mineral 
        commodities classified as ``critical'' by the United States 
        Geological Survey, and the People's Republic of China was the 
        top producing nation for 30 of those 50 critical minerals;
            (4) as of July 2023, companies based in the People's 
        Republic of China that extract critical minerals around the 
        world have received hundreds of charges of human rights 
        violations; and
            (5) on August 29, 2014, the World Trade Organization 
        Dispute Settlement Body adopted findings that the export 
        restraints by the People's Republic of China on rare earth 
        metals, which harmed manufacturers and workers in the United 
        States, violated obligations under the General Agreement on 
        Tariffs and Trade 1994 and China's Protocol of Accession to the 
        World Trade Organization.

SEC. 3. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.

    (a) In General.--Section 5 of the National Materials and Minerals 
Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is 
amended by adding at the end the following:
    ``(g) Intergovernmental Critical Minerals Task Force.--
            ``(1) Purposes.--The purposes of the task force established 
        under paragraph (3)(B) are--
                    ``(A) to assess the reliance of the United States 
                on the People's Republic of China, and other covered 
                countries, for critical minerals, and the resulting 
                national security risks associated with that reliance;
                    ``(B) to make recommendations to the President for 
                the implementation of this Act with regard to critical 
                minerals, including--
                            ``(i) the congressional declarations of 
                        policies in section 3; and
                            ``(ii) revisions to the program plan of the 
                        President and the initiatives required under 
                        this section;
                    ``(C) to make recommendations to secure United 
                States supply chains for critical minerals;
                    ``(D) to make recommendations to reduce the 
                reliance of the United States, and partners and allies 
                of the United States, on critical mineral supply chains 
                involving covered countries; and
                    ``(E) consistent with ongoing efforts of other 
                Federal departments, agencies, and other entities, to 
                facilitate cooperation, coordination, and mutual 
                accountability among each level of the Federal 
                Government, Indian Tribes, and State, local, and 
                territorial governments, on a holistic response to the 
                dependence on covered countries for critical minerals 
                across the United States.
            ``(2) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means--
                            ``(i) the Committees on Homeland Security 
                        and Governmental Affairs, Energy and Natural 
                        Resources, Armed Services, Environment and 
                        Public Works, Commerce, Science, and 
                        Transportation, Finance, and Foreign Relations 
                        of the Senate; and
                            ``(ii) the Committees on Oversight and 
                        Accountability, Natural Resources, Armed 
                        Services, Ways and Means, Foreign Affairs, and 
                        Energy and Commerce of the House of 
                        Representatives.
                    ``(B) Chairperson; co-chairperson.--The terms 
                `Chairperson' and `Co-Chairperson', respectively, mean 
                the Chairperson or Co-Chairperson of the task force 
                designated by the President pursuant to paragraph 
                (3)(A).
                    ``(C) Covered country.--The term `covered country' 
                means--
                            ``(i) a covered nation (as defined in 
                        section 4872(d) of title 10, United States 
                        Code); and
                            ``(ii) any other country determined by the 
                        task force to be a geostrategic competitor or 
                        adversary of the United States with respect to 
                        critical minerals.
                    ``(D) Critical mineral.--The term `critical 
                mineral' has the meaning given the term in section 
                7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
                    ``(E) Indian tribe.--The term `Indian Tribe' has 
                the meaning given the term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304).
                    ``(F) Task force.--The term `task force' means the 
                task force established under paragraph (3)(B).
            ``(3) Establishment.--Not later than 90 days after the date 
        of enactment of this subsection, the President shall--
                    ``(A) designate a Chairperson, or 2 individuals as 
                Co-Chairpersons, for the task force, who shall be--
                            ``(i) the Assistant to the President for 
                        National Security Affairs;
                            ``(ii) the Assistant to the President for 
                        Economic Policy; or
                            ``(iii) another relevant member of the 
                        Executive Office of the President; and
                    ``(B) acting through the Executive Office of the 
                President, establish a task force.
            ``(4) Composition; meetings.--
                    ``(A) Appointment.--The Chairperson or Co-
                Chairpersons, in consultation with key 
                intergovernmental, private, and public sector 
                stakeholders, shall appoint to the task force 
                representatives with expertise in critical mineral 
                supply chains from Federal agencies, including not less 
                than 1 representative from each of--
                            ``(i) the Bureau of Indian Affairs;
                            ``(ii) the Bureau of Land Management;
                            ``(iii) the Critical Minerals Subcommittee 
                        of the National Science and Technology Council;
                            ``(iv) the Department of Agriculture;
                            ``(v) the Department of Commerce;
                            ``(vi) the Department of Defense;
                            ``(vii) the Department of Energy;
                            ``(viii) the Department of Homeland 
                        Security;
                            ``(ix) the Department of the Interior;
                            ``(x) the Department of Labor;
                            ``(xi) the Department of State;
                            ``(xii) the Department of Transportation;
                            ``(xiii) the Environmental Protection 
                        Agency;
                            ``(xiv) the Export-Import Bank of the 
                        United States;
                            ``(xv) the Forest Service;
                            ``(xvi) the General Services 
                        Administration;
                            ``(xvii) the National Economic Council;
                            ``(xviii) the National Science Foundation;
                            ``(xix) the National Security Council;
                            ``(xx) the Office of Management and Budget;
                            ``(xxi) the Office of the United States 
                        Trade Representative;
                            ``(xxii) the United States International 
                        Development Finance Corporation;
                            ``(xxiii) the United States Geological 
                        Survey; and
                            ``(xxiv) any other relevant Federal entity, 
                        as determined by the Chairperson or Co-
                        Chairpersons.
                    ``(B) Consultation.--The task force shall consult 
                individuals with expertise in critical mineral supply 
                chains, individuals from States whose communities, 
                businesses, and industries are involved in aspects of 
                critical mineral supply chains, including mining and 
                processing operations, and individuals from a diverse 
                and balanced cross-section of--
                            ``(i) intergovernmental consultees, 
                        including--
                                    ``(I) State governments;
                                    ``(II) local governments;
                                    ``(III) territorial governments; 
                                and
                                    ``(IV) Indian Tribes; and
                            ``(ii) other stakeholders, including--
                                    ``(I) academic research 
                                institutions;
                                    ``(II) corporations;
                                    ``(III) nonprofit organizations;
                                    ``(IV) private sector stakeholders;
                                    ``(V) trade associations;
                                    ``(VI) mining industry 
                                stakeholders; and
                                    ``(VII) labor representatives.
                    ``(C) Meetings.--
                            ``(i) Initial meeting.--Not later than 90 
                        days after the date on which all 
                        representatives of the task force have been 
                        appointed, the task force shall hold the first 
                        meeting of the task force.
                            ``(ii) Frequency.--The task force shall 
                        meet not less than once every 90 days.
            ``(5) Duties.--
                    ``(A) In general.--The duties of the task force 
                shall include--
                            ``(i) facilitating cooperation, 
                        coordination, and mutual accountability for the 
                        Federal Government, Indian Tribes, and State, 
                        local, and territorial governments to enhance 
                        data sharing and transparency to build more 
                        robust and secure domestic supply chains for 
                        critical minerals in support of the purposes 
                        described in paragraph (1);
                            ``(ii) providing recommendations with 
                        respect to--
                                    ``(I) increasing capacities for 
                                mining, processing, refinement, reuse, 
                                and recycling of critical minerals in 
                                the United States to facilitate the 
                                environmentally responsible production 
                                of domestic resources to meet national 
                                critical mineral needs, in consultation 
                                with Tribal and local communities;
                                    ``(II) identifying how statutes, 
                                regulations, and policies related to 
                                the critical mineral supply chain, such 
                                as stockpiling and development finance, 
                                could be modified to accelerate 
                                environmentally responsible domestic 
                                and international production of 
                                critical minerals, in consultation with 
                                Indian Tribes and local communities;
                                    ``(III) strengthening the domestic 
                                workforce to support growing critical 
                                mineral supply chains with good-paying, 
                                safe jobs in the United States;
                                    ``(IV) identifying alternative 
                                domestic sources to critical minerals 
                                that the United States currently relies 
                                on the People's Republic of China or 
                                other covered countries for mining, 
                                processing, refining, and recycling, 
                                including the availability, capacity, 
                                cost, and quality of those domestic 
                                alternatives;
                                    ``(V) identifying critical minerals 
                                and critical mineral supply chains that 
                                the United States can onshore, in whole 
                                or in part, at a competitive value and 
                                quality, for those minerals and supply 
                                chains that the United States relies on 
                                the People's Republic of China or other 
                                covered countries to provide;
                                    ``(VI) opportunities for the 
                                Federal Government, Indian Tribes, and 
                                State, local, and territorial 
                                governments to mitigate risks to the 
                                national security of the United States 
                                with respect to supply chains for 
                                critical minerals that the United 
                                States currently relies on the People's 
                                Republic of China or other covered 
                                countries for mining, processing, 
                                refining, and recycling; and
                                    ``(VII) evaluating and integrating 
                                the recommendations of the Critical 
                                Minerals Subcommittee of the National 
                                Science and Technology Council into the 
                                recommendations of the task force;
                            ``(iii) prioritizing the recommendations in 
                        clause (ii), taking into consideration economic 
                        costs and focusing on the critical mineral 
                        supply chains with vulnerabilities posing the 
                        most significant risks to the national security 
                        of the United States;
                            ``(iv) recommending specific strategies, to 
                        be carried out in coordination with the 
                        Secretary of State and the Secretary of 
                        Commerce, to strengthen international 
                        partnerships in furtherance of critical 
                        minerals supply chain security with 
                        international allies and partners, including a 
                        strategy to collaborate with governments of the 
                        allies and partners described in subparagraph 
                        (B) to develop advanced mining, refining, 
                        separation and processing technologies; and
                            ``(v) other duties, as determined by the 
                        Chairperson or Co-Chairpersons.
                    ``(B) Allies and partners.--The allies and partners 
                referred to in subparagraph (A) include--
                            ``(i) countries participating in the 
                        Quadrilateral Security Dialogue;
                            ``(ii) countries that are--
                                    ``(I) signatories to the Abraham 
                                Accords; or
                                    ``(II) participants in the Negev 
                                Forum; and
                            ``(iii) countries that are members of the 
                        North Atlantic Treaty Organization.
                    ``(C) Report.--The Chairperson or Co-Chairpersons 
                shall--
                            ``(i) not later than 60 days after the date 
                        of enactment of this subsection, and every 60 
                        days thereafter until the requirements under 
                        subsection (a) are satisfied, brief the 
                        appropriate committees of Congress on the 
                        status of the compliance of the President with 
                        completing the requirements under that 
                        subsection;
                            ``(ii) not later than 2 years after the 
                        date of enactment of this subsection, submit to 
                        the appropriate committees of Congress a 
                        report, which shall be submitted in 
                        unclassified form, but may include a classified 
                        annex, that describes any findings, guidelines, 
                        and recommendations created in performing the 
                        duties under subparagraph (A);
                            ``(iii) not later than 120 days after the 
                        date on which the Chairperson or Co-
                        Chairpersons submits the report under clause 
                        (ii), publish that report in the Federal 
                        Register, except that the Chairperson or Co-
                        Chairpersons shall redact information from the 
                        report that the Chairperson or Co-Chairpersons 
                        determines could pose a risk to the national 
                        security of the United States by being publicly 
                        available; and
                            ``(iv) brief the appropriate committees of 
                        Congress twice per year.
            ``(6) Duplication of effort.--The Chairperson or Co-
        Chairpersons, to the maximum extent practicable, shall carry 
        out the task force in a manner that does not duplicate the 
        efforts of other Federal departments, agencies, or other 
        entities.
            ``(7) Sunset.--The task force shall terminate on the date 
        that is 90 days after the date on which the task force 
        completes the requirements under paragraph (5)(C).
            ``(8) No additional funds.--No additional funds are 
        authorized to be appropriated for the purpose of carrying out 
        this subsection.''.
    (b) GAO Study.--
            (1) Study required.--The Comptroller General of the United 
        States shall conduct a study examining the Federal and State 
        regulatory landscape related to improving domestic supply 
        chains for critical minerals in the United States.
            (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the appropriate committees of Congress a 
        report that describes the results of the study under paragraph 
        (1).
            (3) Definitions.--In this subsection:
                    (A) Appropriate committees of congress.--The term 
                ``appropriate committees of Congress'' means--
                            (i) the Committees on Homeland Security and 
                        Governmental Affairs, Energy and Natural 
                        Resources, Armed Services, Environment and 
                        Public Works, Commerce, Science, and 
                        Transportation, Finance, and Foreign Relations 
                        of the Senate; and
                            (ii) the Committees on Oversight and 
                        Accountability, Natural Resources, Armed 
                        Services, Ways and Means, Foreign Affairs, and 
                        Energy and Commerce of the House of 
                        Representatives.
                    (B) Critical mineral.--The term ``critical 
                mineral'' has the meaning given the term in section 
                7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).

            Passed the Senate September 18, 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 1871

_______________________________________________________________________

                                 AN ACT

To create intergovernmental coordination between State, local, Tribal, 
  and territorial jurisdictions, and the Federal Government to combat 
  United States reliance on the People's Republic of China and other 
covered countries for critical minerals and rare earth metals, and for 
                            other purposes.