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

<DOC>






118th CONGRESS
  1st Session
                                S. 1871

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2023

 Mr. Peters (for himself, Mr. Romney, and Mr. Lankford) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
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. DEFINITIONS.

    In this Act:
            (1) Allied country.--The term ``allied country'' means--
                    (A) a country described in section 4801(1) of title 
                10, United States Code; and
                    (B) a country that the task force determines is an 
                ally of the United States for purposes of this Act.
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committees on Homeland Security and 
                Governmental Affairs, Energy and Natural Resources, 
                Armed Services, and Foreign Relations of the Senate; 
                and
                    (B) the Committees on Oversight and Accountability, 
                Natural Resources, Armed Services, and Foreign Affairs 
                of the House of Representatives.
            (3) Covered country.--The term ``covered country'' means--
                    (A) a covered nation (as defined in section 4872(d) 
                of title 10, United States Code); and
                    (B) any other country determined by the task force 
                to be a geostrategic competitor or adversary of the 
                United States with respect to critical minerals.
            (4) 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)).
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (6) Task force.--The term ``task force'' means the task 
        force established under section 4(b).

SEC. 3. FINDINGS.

    Congress finds that--
            (1) current supply chains of critical minerals pose a great 
        risk to the homeland and national security of the United 
        States; and
            (2) critical minerals contribute to transportation, 
        technology, renewable energy, military equipment and machinery, 
        and other relevant entities crucial for the homeland and 
        national security of the United States.

SEC. 4. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.

    (a) Purpose.--The purpose of the task force is 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 
homeland and national security risks associated with that reliance, at 
each level of the Federal, State, local, Tribal, and territorial 
governments.
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Director shall establish a task force to 
facilitate cooperation, coordination, and mutual accountability among 
each level of the Federal Government and State, local, Tribal, and 
territorial governments on a holistic response to the dependence on 
covered countries for critical minerals across the United States.
    (c) Composition; Meetings.--
            (1) Appointment.--The Director shall appoint to the task 
        force representatives with expertise in critical mineral supply 
        chains from Federal agencies, State, local, Tribal, and 
        territorial governments, and academic research institutions, 
        including--
                    (A) not less than 1 representative from each of--
                            (i) the Department of Agriculture;
                            (ii) the Department of Commerce;
                            (iii) the Department of Defense;
                            (iv) the Department of Energy;
                            (v) the Department of Homeland Security;
                            (vi) the Department of Housing and Urban 
                        Development;
                            (vii) the Department of the Interior;
                            (viii) the Department of State;
                            (ix) the Department of Transportation;
                            (x) the Environmental Protection Agency;
                            (xi) the National Science Foundation;
                            (xii) the United States Geological Survey; 
                        and
                            (xiii) any other relevant Federal entity, 
                        as determined by the Director; and
                    (B) in consultation with relevant entities, not 
                less than 15 representatives from a diverse cross-
                section of State, local, Tribal, and territorial 
                governments, including not less than 5 representatives 
                from each of--
                            (i) State governments;
                            (ii) local governments;
                            (iii) Tribal governments; and
                            (iv) territorial governments.
            (2) Chair.--The Director may serve as chair of the task 
        force, or designate a representative of the task force to serve 
        as chair.
            (3) Meetings.--
                    (A) 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.
                    (B) Frequency.--The task force shall meet not less 
                than 1 time per quarter.
    (d) Duties.--
            (1) In general.--The duties of the task force shall 
        include--
                    (A) facilitating cooperation, coordination, and 
                mutual accountability for the Federal Government and 
                State, local, Tribal, and territorial governments to 
                enhance data sharing and transparency in the supply 
                chains for critical minerals;
                    (B) addressing the homeland and national security 
                risks associated with the current critical mineral 
                supply chains of the United States;
                    (C) identifying a list of critical minerals most 
                important for securing the homeland and national 
                security of the United States;
                    (D) using the list described in subparagraph (C) to 
                assess--
                            (i) the amount of critical minerals mined, 
                        processed, refined, and recycled by the 
                        People's Republic of China, other covered 
                        countries, and the United States; and
                            (ii) critical minerals that the task force 
                        determines that the Federal Government and 
                        State, local, Tribal, and territorial 
                        governments still need to obtain from covered 
                        countries and recommend--
                                    (I) alternative minerals, available 
                                in the United States, that can 
                                substitute 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
                                    (II) opportunities for the Federal 
                                Government and State, local, Tribal, 
                                and territorial governments to mitigate 
                                risk to the homeland and 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;
                    (E) providing recommendations addressing--
                            (i) research and development into emerging 
                        technologies necessary to expand existing 
                        critical mineral supply chains in the United 
                        States and to establish new critical mineral 
                        supply chains in the United States;
                            (ii) increasing opportunities for mining, 
                        processing, refinement, reuse, and recycling of 
                        critical minerals, including critical minerals 
                        listed on the list described in subparagraph 
                        (C), in the United States;
                            (iii) strengthening the domestic workforce 
                        to support growing critical mineral supply 
                        chains in the United States; and
                            (iv) improving partnerships between the 
                        United States and allied countries to improve 
                        critical mineral supply chains; and
                    (F) other duties, as determined by the Director.
            (2) Report.--The Director shall--
                    (A) not later than 2 years after the date of 
                enactment of this Act, submit to the appropriate 
                committees of Congress a report that describes any 
                findings, guidelines, and recommendations created in 
                performing the duties under paragraph (1); and
                    (B) not later than 120 days after the date on which 
                the Director submits the report under subparagraph (A), 
                publish that report in the Federal Register, except 
                that the Director shall redact information from the 
                report that the Director determines could pose a risk 
                to the homeland and national security of the United 
                States by being publicly available.
    (e) 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 subsection (d)(2).
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