[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