[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1871 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intergovernmental Critical Minerals
Task Force Act''.
SEC. 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).
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; 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.
SEC. 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).
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