S 1871 — Intergovernmental Critical Minerals Task Force Act

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.

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 contributeare tonecessary for transportation, technology, renewable energy, military equipment and machinery, and other relevant entitiessectors crucial for the homeland and national security of the United States;

(4) as of July 2023, companies based in the People's Republic of China that extract rarecritical earth minerals around the world have received hundreds of charges of human rights violations;

and (5) on MarchAugust 26,29, 2014, the World Trade Organization ruledDispute Settlement Body adopted findings that the export restraints by the People's Republic of China on rare earth metalsmetals, which harmed manufacturers and workers in the United States, violated obligations under the protocolGeneral ofAgreement accessionon toTariffs theand World Trade Organization,1994 whichand harmedChina's manufacturersProtocol andof workersAccession into the UnitedWorld States.Trade Organization.

4.3.

(a) Purposes.--TheIn purposesGeneral.--Section of5 the task force are-- (1) to assess the reliance of the UnitedNational StatesMaterials on the People's Republic of China, and otherMinerals coveredPolicy, countries,Research for critical minerals, and theDevelopment resultingAct homeland and national security risks associated with that reliance, at each level of the1980 Federal,(30 State,U.S.C. local, Tribal, and territorial governments;

(2)1604) tois makeamended recommendationsby toadding onshoreat andthe improveend the domesticfollowing: supply chain for critical minerals;

and``(g) (3)Intergovernmental Critical Minerals Task Force.-- ``(1) Purposes.--The purposes of the task force established under paragraph (3)(B) are-- ``(A) to reduceassess the reliance of the United States,States andon partnersthe andPeople's alliesRepublic of theChina, Unitedand States,other oncovered countries, for critical mineralminerals, supplyand chainsthe involvingresulting coverednational countries.security risks associated with that reliance;

(b)``(B) Establishment.--Notto latermake thanrecommendations 90to daysthe afterPresident for the dateimplementation of enactment of this Act,Act thewith Directorregard shall establish a task force to facilitatecritical cooperation,minerals, coordination,including-- and``(i) mutualthe accountabilitycongressional amongdeclarations each level of thepolicies Federalin Governmentsection and3; State, local, Tribal, and territorial governments on a holistic response to the dependence on covered countries for critical minerals across the United States.

(c)and Composition;``(ii) revisions to the program plan of the President and the initiatives required under this section;

Meetings.--``(C) (1)to Appointment.--Themake Director,recommendations in consultation with key intergovernmental, private, and public sector stakeholders, shall appoint to thesecure taskUnited forceStates representatives with expertise in critical mineral supply chains fromfor Federalcritical agencies,minerals; State, local, Tribal, and territorial governments, including not less than 1 representative from each of-- (A) the Bureau of Indian Affairs;

(B)``(D) to make recommendations to reduce the Bureaureliance of Landthe Management;United States, and partners and allies of the United States, on critical mineral supply chains involving covered countries;

(C)and the``(E) Departmentconsistent with ongoing efforts of Agriculture;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.

(D)``(2) theDefinitions.--In Departmentthis ofsubsection: Commerce;

(E)``(A) Appropriate committees of congress.--The term `appropriate committees of Congress' means-- ``(i) the DepartmentCommittees 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 Defense;the Senate;

(F)and ``(ii) the DepartmentCommittees on Oversight and Accountability, Natural Resources, Armed Services, Ways and Means, Foreign Affairs, and Energy and Commerce of Energy;the House of Representatives.

(G)``(B) theChairperson; Department of Homeland Security;

(H)co-chairperson.--The terms `Chairperson' and `Co-Chairperson', respectively, mean the DepartmentChairperson or Co-Chairperson of Housingthe andtask Urbanforce Development;designated by the President pursuant to paragraph (3)(A).

(I)``(C) theCovered Departmentcountry.--The term `covered country' means-- ``(i) a covered nation (as defined in section 4872(d) of thetitle Interior;10, United States Code);

(J)and ``(ii) any other country determined by the Departmenttask force to be a geostrategic competitor or adversary of Labor;the United States with respect to critical minerals.

(K)``(D) Critical mineral.--The term `critical mineral' has the Departmentmeaning given the term in section 7002(a) of State;the Energy Act of 2020 (30 U.S.C.

(L)1606(a)). the Department of Transportation;

(M)``(E) Indian tribe.--The term `Indian Tribe' has the Environmentalmeaning Protectiongiven Agency;the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

(N)5304). the General Services Administration;

(O)``(F) Task force.--The term `task force' means the Nationaltask Scienceforce Foundation;established under paragraph (3)(B).

(P)``(3) Establishment.--Not later than 90 days after the Uniteddate Statesof Internationalenactment Developmentof Financethis Corporation;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;

(Q)``(ii) the UnitedAssistant Statesto Geologicalthe Survey;President for Economic Policy;

andor (R)``(iii) anyanother other relevant Federalmember entity,of asthe determinedExecutive byOffice of the Director.President;

(2) Consultation.--The task force shall consult individuals with expertise in critical mineral supply chains, individuals from States whose communities, businesses, and industries``(B) areacting involvedthrough inthe aspectsExecutive Office of the criticalPresident, mineralestablish supply chain, including mining and processing operations, and individuals from a diversetask andforce. balanced cross-section of-- (A) intergovernmental consultees, including-- (i) State governments;

(ii)``(4) localComposition; governments;

(iii)meetings.-- Tribal``(A) governments;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;

and``(ii) (iv)the territorialBureau governments;of Land Management;

and``(iii) (B)the otherCritical stakeholders,Minerals including--Subcommittee (i)of academicthe researchNational institutions;Science and Technology Council;

(ii)``(iv) corporations;the Department of Agriculture;

(iii)``(v) nonprofitthe organizations;Department of Commerce;

(iv)``(vi) privatethe sectorDepartment stakeholders;of Defense;

(v)``(vii) tradethe associations;Department of Energy;

(vi)``(viii) miningthe industryDepartment stakeholders;of Homeland Security;

and``(ix) (vii)the laborDepartment representatives.of the Interior;

(3)``(x) Chair.--The Director may serve as chair of the taskDepartment force, or designate a representative of theLabor; task force to serve as chair.

(4)``(xi) Meetings.-- (A) Initial meeting.--Not later than 90 days after the dateDepartment on which all representatives of theState; task force have been appointed, the task force shall hold the first meeting of the task force.

(B)``(xii) Frequency.--Thethe taskDepartment forceof shallTransportation; meet not less than once every 90 days.

(d)``(xiii) Duties.-- (1) In general.--The duties of the taskEnvironmental forceProtection shallAgency; 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)``(xiv) providing recommendations with respect to-- (i) research and development into emerging technologies used to expand existing critical mineral supply chains in the UnitedExport-Import StatesBank andof to establish secure and reliable critical mineral supply chains to the United States;

(ii)``(xv) increasing capacities for mining, processing, refinement, reuse, and recycling of critical minerals in the UnitedForest StatesService; to facilitate the environmentally responsible production of domestic resources to meet national critical mineral needs, in consultation with Tribal and local communities;

(iii)``(xvi) identifying how statutes, regulations, and policies related to the criticalGeneral mineralServices supplyAdministration; chain could be modified to accelerate environmentally responsible domestic production of critical minerals, in consultation with Tribal and local communities;

(iv)``(xvii) strengthening the domesticNational workforceEconomic toCouncil; support growing critical mineral supply chains with good-paying, safe jobs in the United States;

(v)``(xviii) identifying alternative domestic sources to critical minerals that the UnitedNational StatesScience currentlyFoundation; 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)``(xix) identifying critical minerals and critical mineral supply chains that the UnitedNational StatesSecurity canCouncil; 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``(xx) (vii) opportunities for the FederalOffice Government and State, local, Tribal, and territorial governments to mitigate risks to the homeland and national security of theManagement 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;Budget;

(C)``(xxi) prioritizing the recommendationsOffice 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;States Trade Representative;

(D)``(xxii) 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 hasInternational aDevelopment freeFinance tradeCorporation; agreement;

(ii)``(xxiii) countries participating in the Indo-United PacificStates EconomicGeological FrameworkSurvey; for Prosperity;

(iii)and countries``(xxiv) participatingany inother relevant Federal entity, as determined by the QuadrilateralChairperson Securityor Dialogue;Co- Chairpersons.

(iv)``(B) countriesConsultation.--The thattask force shall consult individuals with expertise in critical mineral supply chains, individuals from States whose communities, businesses, and industries are signatoriesinvolved toin theaspects Abrahamof Accords;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;

(v)``(II) countrieslocal designatedgovernments; as eligible sub- Saharan Africa countries under section 104 of the Africa Growth and Opportunity Act (19 U.S.C.

3701``(III) etterritorial seq.);governments;

and (vi)``(IV) otherIndian countriesTribes; or multilateral partnerships the Task Force determines to be appropriate;

and (E)``(ii) other duties,stakeholders, asincluding-- determined``(I) byacademic theresearch Director.institutions;

(2)``(II) Report.--Thecorporations; 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)``(III) notnonprofit laterorganizations; 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``(IV) (C)private briefsector thestakeholders; appropriate committees of Congress twice per year.

(e)``(V) Sunset.--Thetrade taskassociations; 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)``(VI) GAOmining Study.--industry (1)stakeholders; 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.

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.

Calendar(3) No.Definitions.--In this subsection:

196(A) 118thAppropriate CONGRESScommittees 1stof Sessioncongress.--The S.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;

1871and [Report(ii) No.the Committees on Oversight and Accountability, Natural Resources, Armed Services, Ways and Means, Foreign Affairs, and Energy and Commerce of the House of Representatives.

118-93](B) _______________________________________________________________________Critical Amineral.--The BILLterm To``critical createmineral'' intergovernmentalhas coordinationthe betweenmeaning State,given local, Tribal, and territorial jurisdictions, and the Federalterm Governmentin tosection combat7002(a) Unitedof States reliance on the People'sEnergy RepublicAct of China2020 and(30 otherU.S.C. covered countries for critical minerals and rare earth metals, and for other purposes.

_______________________________________________________________________1606(a)). September 5, 2023 Reported with an amendment

Passed the Senate September 18, 2024.

Attest:

Secretary.

118th CONGRESS 2d Session S.

1871 _______________________________________________________________________ AN ACT 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.