[Congressional Record Volume 170, Number 145 (Wednesday, September 18, 2024)]
[Senate]
[Pages S6182-S6184]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3288. Ms. HASSAN (for Mr. Peters) proposed an amendment to the 
bill 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; as follows:

        Strike all after the enacting clause and insert the 
     following:

     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

[[Page S6183]]

       ``(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

[[Page S6184]]

       (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)).

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