118 S1871 IS: Intergovernmental Critical Minerals Task Force Act
U.S. Senate
2023-06-08
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II
118th CONGRESS
1st Session
S. 1871
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.
1.

Short title
This Act may be cited as the “Intergovernmental Critical Minerals Task Force Act”.
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).
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.
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).