S. 823 — Intergovernmental Critical Minerals Task Force Act

This section states congressional findings concerning risks to U.S. national security from critical minerals supply chains, including (1) their necessity for transportation, technology, renewable energy, military equipment, and other sectors; (2) 100% U.S. import reliance for 12 of 50 critical minerals and over 50% reliance for 31 others in 2022, with China as the top producer for 30; (3) hundreds of human rights violation charges against Chinese-based extractors as of July 2023; and (4) a 2014 World Trade Organization ruling that China's rare earth export restraints violated the General Agreement on Tariffs and Trade 1994 and its WTO accession protocol.

This section establishes an intergovernmental critical minerals task force by adding a new subsection (g) to Section 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604). The task force, to be established by the President within 90 days of enactment, is chaired or co-chaired by designated Executive Office of the President officials and includes appointed representatives from at least 24 specified federal entities (i.e., agencies including the Bureaus of Indian Affairs and Land Management; Departments of Agriculture, Commerce, Defense, Energy, Homeland Security, Interior, Labor, State, and Transportation; Environmental Protection Agency; Export-Import Bank; Forest Service; General Services Administration; National Economic Council; National Science Foundation; National Security Council; Office of Management and Budget; Office of the U.S. Trade Representative; U.S. International Development Finance Corporation; U.S. Geological Survey; and others as determined by the chairpersons). The task force must hold its initial meeting within 90 days of appointments and meet at least quarterly to (1) assess U.S. reliance on covered countries (i.e., covered nations per 10 U.S.C. 4872(d) and other geostrategic competitors) for critical minerals (as defined in the Energy Act of 2020, 30 U.S.C. 1606(a)); (2) identify associated national security risks; (3) recommend presidential actions to implement the Act—including its Section 3 policies and program plans—to secure supply chains and reduce reliance; and (4) facilitate cooperation among federal, Indian Tribe (as defined in 25 U.S.C. 5304), state, local, and territorial governments and other stakeholders (e.g., industry, labor, academia). (Thus, the task force coordinates a whole-of-government response to critical mineral supply chain vulnerabilities.)