[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
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``(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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