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

<DOC>





                                                       Calendar No. 196
118th CONGRESS
  1st Session
                                S. 1871

                          [Report No. 118-93]

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, Mr. Lankford, and Ms. Sinema) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                           September 5, 2023

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Intergovernmental Critical 
Minerals Task Force Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) current supply chains of critical minerals 
        pose a great risk to the homeland and national security of the 
        United States; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. INTERGOVERNMENTAL CRITICAL MINERALS TASK 
              FORCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Composition; Meetings.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) not less than 1 representative from 
                each of--</DELETED>
                        <DELETED>    (i) the Department of 
                        Agriculture;</DELETED>
                        <DELETED>    (ii) the Department of 
                        Commerce;</DELETED>
                        <DELETED>    (iii) the Department of 
                        Defense;</DELETED>
                        <DELETED>    (iv) the Department of 
                        Energy;</DELETED>
                        <DELETED>    (v) the Department of Homeland 
                        Security;</DELETED>
                        <DELETED>    (vi) the Department of Housing and 
                        Urban Development;</DELETED>
                        <DELETED>    (vii) the Department of the 
                        Interior;</DELETED>
                        <DELETED>    (viii) the Department of 
                        State;</DELETED>
                        <DELETED>    (ix) the Department of 
                        Transportation;</DELETED>
                        <DELETED>    (x) the Environmental Protection 
                        Agency;</DELETED>
                        <DELETED>    (xi) the National Science 
                        Foundation;</DELETED>
                        <DELETED>    (xii) the United States Geological 
                        Survey; and</DELETED>
                        <DELETED>    (xiii) any other relevant Federal 
                        entity, as determined by the Director; 
                        and</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) State governments;</DELETED>
                        <DELETED>    (ii) local governments;</DELETED>
                        <DELETED>    (iii) Tribal governments; 
                        and</DELETED>
                        <DELETED>    (iv) territorial 
                        governments.</DELETED>
        <DELETED>    (2) Chair.--The Director may serve as chair of the 
        task force, or designate a representative of the task force to 
        serve as chair.</DELETED>
        <DELETED>    (3) Meetings.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Frequency.--The task force shall meet 
                not less than 1 time per quarter.</DELETED>
<DELETED>    (d) Duties.--</DELETED>
        <DELETED>    (1) In general.--The duties of the task force 
        shall include--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) addressing the homeland and national 
                security risks associated with the current critical 
                mineral supply chains of the United States;</DELETED>
                <DELETED>    (C) identifying a list of critical 
                minerals most important for securing the homeland and 
                national security of the United States;</DELETED>
                <DELETED>    (D) using the list described in 
                subparagraph (C) to assess--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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;</DELETED>
                <DELETED>    (E) providing recommendations addressing--
                </DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) strengthening the domestic 
                        workforce to support growing critical mineral 
                        supply chains in the United States; 
                        and</DELETED>
                        <DELETED>    (iv) improving partnerships 
                        between the United States and allied countries 
                        to improve critical mineral supply chains; 
                        and</DELETED>
                <DELETED>    (F) other duties, as determined by the 
                Director.</DELETED>
        <DELETED>    (2) Report.--The Director shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intergovernmental Critical Minerals 
Task Force Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 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, Environment and Public Works, Commerce, 
                Science, and Transportation, 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.
            (2) 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.
            (3) 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)).
            (4) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (5) 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;
            (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;
            (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) companies based in the People's Republic of China that 
        extract rare earth minerals around the world have received 
        hundreds of charges of human rights violations; and
            (5) on March 26, 2014, the World Trade Organization ruled 
        that the export restraints by the People's Republic of China on 
        rare earth metals violated obligations under the protocol of 
        accession to the World Trade Organization, which harmed 
        manufacturers and workers in the United States.

SEC. 4. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.

    (a) Purposes.--The purposes of the task force are--
            (1) 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;
            (2) to make recommendations to onshore and improve the 
        domestic supply chain for critical minerals; and
            (3) to reduce the reliance of the United States, and 
        partners and allies of the United States, on critical mineral 
        supply chains involving covered countries.
    (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, 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, State, 
        local, Tribal, and territorial governments, including not less 
        than 1 representative from each of--
                    (A) the Bureau of Indian Affairs;
                    (B) the Bureau of Land Management;
                    (C) the Department of Agriculture;
                    (D) the Department of Commerce;
                    (E) the Department of Defense;
                    (F) the Department of Energy;
                    (G) the Department of Homeland Security;
                    (H) the Department of Housing and Urban 
                Development;
                    (I) the Department of the Interior;
                    (J) the Department of Labor;
                    (K) the Department of State;
                    (L) the Department of Transportation;
                    (M) the Environmental Protection Agency;
                    (N) the General Services Administration;
                    (O) the National Science Foundation;
                    (P) the United States International Development 
                Finance Corporation;
                    (Q) the United States Geological Survey; and
                    (R) any other relevant Federal entity, as 
                determined by the Director.
            (2) 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 the critical mineral supply chain, 
        including mining and processing operations, and individuals 
        from a diverse and balanced cross-section of--
                    (A) intergovernmental consultees, including--
                            (i) State governments;
                            (ii) local governments;
                            (iii) Tribal governments; and
                            (iv) territorial governments; and
                    (B) 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.
            (3) Chair.--The Director may serve as chair of the task 
        force, or designate a representative of the task force to serve 
        as chair.
            (4) 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 once every 90 days.
    (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 in support of the purposes 
                described in subsection (a);
                    (B) providing recommendations with respect to--
                            (i) research and development into emerging 
                        technologies used to expand existing critical 
                        mineral supply chains in the United States and 
                        to establish secure and reliable critical 
                        mineral supply chains to the United States;
                            (ii) 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;
                            (iii) identifying how statutes, 
                        regulations, and policies related to the 
                        critical mineral supply chain could be modified 
                        to accelerate environmentally responsible 
                        domestic production of critical minerals, in 
                        consultation with Tribal and local communities;
                            (iv) strengthening the domestic workforce 
                        to support growing critical mineral supply 
                        chains with good-paying, safe jobs in the 
                        United States;
                            (v) 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, cost, 
                        and quality of those domestic alternatives;
                            (vi) identifying critical minerals and 
                        critical mineral supply chains that the United 
                        States can onshore, at a competitive 
                        availability, cost, 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; and
                            (vii) opportunities for the Federal 
                        Government and State, local, Tribal, and 
                        territorial governments to mitigate risks 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;
                    (C) prioritizing the recommendations in 
                subparagraph (B), taking into consideration economic 
                costs and focusing on the critical mineral supply 
                chains with vulnerabilities posing the most significant 
                risks to the homeland and national security of the 
                United States;
                    (D) establishing specific strategies, to be carried 
                out in coordination with the Secretary of State, to 
                strengthen international partnerships in furtherance of 
                critical minerals supply chain security with 
                international allies and partners, including--
                            (i) countries with which the United States 
                        has a free trade agreement;
                            (ii) countries participating in the Indo-
                        Pacific Economic Framework for Prosperity;
                            (iii) countries participating in the 
                        Quadrilateral Security Dialogue;
                            (iv) countries that are signatories to the 
                        Abraham Accords;
                            (v) countries designated as eligible sub-
                        Saharan Africa countries under section 104 of 
                        the Africa Growth and Opportunity Act (19 
                        U.S.C. 3701 et seq.); and
                            (vi) other countries or multilateral 
                        partnerships the Task Force determines to be 
                        appropriate; and
                    (E) 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, 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 paragraph (1);
                    (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 and on the 
                website of the Office of Management and Budget, 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; and
                    (C) brief the appropriate committees of Congress 
                twice per year.
    (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).
    (f) GAO Study.--
            (1) In general.--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).
                                                       Calendar No. 196

118th CONGRESS

  1st Session

                                S. 1871

                          [Report No. 118-93]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 5, 2023

                       Reported with an amendment