II 118th CONGRESS 2d Session S. 5030 IN THE SENATE OF THE UNITED STATES September 12, 2024 Mr. Hickenlooper (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a National Critical Minerals Council within the Executive Office of the President to develop and coordinate the implementation of a national critical mineral strategy for the United States, and for other purposes.

1. Short title This Act may be cited as the National Critical Minerals Council Act . 2. National Critical Minerals Council (a) Definitions In this section: (1) Council The term Council means the National Critical Minerals Council established by subsection (b). (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Mining University The term mining university means an institution of higher education with a mining, metallurgical, geological, or mineral engineering program accredited by the Accreditation Board for Engineering and Technology, Inc. (4) Senior executive branch official The term senior executive branch official means any officer or employee described in any of paragraphs (3) through (8) of section 13103(f) of title 5, United States Code. (b) Establishment There is established in the Executive Office of the President a National Critical Minerals Council. (c) Objectives The objectives of the Council are to develop and coordinate the implementation of a national critical mineral strategy for the United States— (1) to reduce reliance on foreign adversaries for mineral imports; and (2) to reduce single points of failure in the mineral supply chain of the United States. (d) Staff (1) Chair The Council shall be chaired by the Vice President. (2) Membership The Council shall comprise such heads of executive agencies (as defined in section 105 of title 5, United States Code) and senior executive branch officials as the President determines to be appropriate. (3) Support (A) Chief Minerals Advisor (i) Appointment The President shall appoint a Chief Minerals Advisor. (ii) Duties The Chief Minerals Advisor shall— (I) carry out the day-to-day operations of the Council; (II) serve as the Executive Secretary of the Council; and (III) report to the Vice President. (B) Other staff In addition to the Chief Minerals Advisor, the Council may employ not more than 5 employees to carry out the duties of the Council. (e) Duties (1) In general In carrying out this section, the Council shall— (A) coordinate mining and mineral research, development, deployment, and commercialization funding priorities and opportunities across all Federal agencies and develop a central platform on which the opportunities may be viewed and applications may be submitted; (B) take actions to improve the visibility of the United States as a preferred partner for critical mineral projects and agreements in comparison to foreign adversaries, including collaborating with non-United States entities and governments from allied nations; (C) coordinate with relevant Federal agencies to consistently and proactively track investments in critical mineral and mining-related projects around the world made by the People's Republic of China and other foreign adversaries, as determined by the Chief Minerals Advisor; (D) work with experts described in paragraph (3)(A)— (i) to prioritize 5 critical minerals, as determined by the Chief Minerals Advisor, and identify the top challenges and necessary interventions associated with securing stable supply chains for those prioritized critical minerals; and (ii) to expand the list of prioritized critical minerals under clause (i) to include additional critical minerals, as determined by the Chief Minerals Advisor; and (E) carry out other activities, as determined by the Chief Minerals Advisor, to fulfill the objectives described in subsection (c). (2) Report Not later than 1 year after the Council identifies critical minerals for prioritization under subparagraph (D) of paragraph (1), and every year thereafter, the Chief Minerals Advisor shall submit to the Committee on Energy and Natural Resources and the Committee on Foreign Relations of the Senate, and the Committee on Natural Resources and the Committee on Foreign Affairs of the House of Representatives, a report describing— (A) the critical minerals selected for prioritization under that subparagraph; and (B) the top challenges and necessary interventions identified under that subparagraph. (3) Consultation In carrying out this section, the Council may consult experts in mineral supply chains, including— (A) experts from— (i) mining universities and other institutions of higher education, including— (I) Tribal colleges; (II) historically Black colleges and universities; and (III) community colleges; (ii) National Laboratories; (iii) relevant private industries; (iv) Federal agencies; and (v) non-Federal organizations; and (B) individuals from— (i) State and local governments; and (ii) Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (f) Report Not later than 180 days after the date of enactment of this Act, the President shall submit to Congress a report that describes— (1) the composition and function of the Council; (2) a national critical mineral strategy to achieve the objectives described in subsection (c); and (3) an implementation plan that— (A) describes how represented agencies intend to carry out the national critical mineral strategy; and (B) includes clear benchmarks to evaluate how the strategy and implementation plan are fulfilling the objectives described in subsection (c).