118 S1871 RS: Intergovernmental Critical Minerals Task Force Act
U.S. Senate
2023-09-05
text/xml
EN
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II
Calendar No. 196
118th CONGRESS
1st Session
S. 1871
[Report No. 118–93]
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.
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).
1.

Short title
This Act may be cited as the “Intergovernmental Critical Minerals Task Force Act”.
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).
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.
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).
September 5, 2023
Reported with an amendment