[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6080 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6080

 To establish the Mineral Commodity Information Administration in the 
          Department of the Interior, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2006

Mrs. Drake (for herself, Mr. Gibbons, Mr. English of Pennsylvania, Mr. 
 Conaway, Mr. Boswell, Mr. Brown of South Carolina, Mr. Sherwood, Mrs. 
Cubin, Mr. Petri, and Mr. Simpson) introduced the following bill; which 
               was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Mineral Commodity Information Administration in the 
          Department of the Interior, 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 ``Resources Origin and Commodity Knowledge 
Act''.

SEC. 2. FINDINGS, PURPOSE, AND POLICY.

    (a) Findings.--The Congress finds the following:
            (1) Mineral commodities are essential to the United States 
        economy.
            (2) The United States is the world's leading user of 
        mineral commodities.
            (3) Mineral commodities processed domestically accounted 
        for $478,000,000,000 in the United States economy in 2005.
            (4) The value of imports of raw and processed mineral 
        commodities totaled $103,000,000,000 in 2005.
            (5) The Board of Governors of the Federal Reserve uses 
        mineral commodity information data and reports to calculate the 
        indexes of industrial production, capacity, and capacity 
        utilization, which are among the most widely followed monthly 
        indicators of the United States economy.
            (6) Manufacturers and consumers of mineral commodities in 
        the United States depended on foreign countries for 100 percent 
        of 16 mineral commodities and for more than 50 percent of 42 
        mineral commodities that are critical to the United States 
        economy.
            (7) The Department of Defense requires mineral commodity 
        information on strategic minerals to manage the National 
        Defense Stockpile.
            (8) Mineral specialists assist the Department of State 
        fulfill United States obligations under the Clean Diamond Trade 
        Act (19 U.S.C. 3901 et seq.) and as a signatory to the Kimberly 
        Process Certification Scheme, which is a multinational effort 
        to stop the flow of conflict diamonds.
            (9) New and innovative uses of minerals are vital to 
        maintaining the high quality of both the natural environment 
        and human environment in the United States.
            (10) Knowledge and understanding of mineral mining and 
        usage, both domestically and internationally, is important for 
        maintaining the national security and economic security of the 
        United States.
    (b) Purposes.--The purpose of this Act is to create the Mineral 
Commodity Information Administration to ensure information vital to the 
United States economy, domestic security, and the high quality of life 
enjoyed by all residents of the United States continues to be provided 
to the many customers that rely upon the data.
    (c) Policy.--The Congress declares that--
            (1) it is in the national interest to maintain and 
        disseminate information on domestically produced mineral 
        commodities, regardless of ownership of the resources involved; 
        and
            (2) it is in the national interest to maintain and 
        disseminate information on international mineral commodities 
        and resources, international mineral industry activities, and 
        international mineral commodity markets.

SEC. 3. ESTABLISHMENT OF MINERAL COMMODITY INFORMATION ADMINISTRATION.

    (a) Establishment.--There is established the Mineral Commodity 
Information Administration, which shall be under the general direction 
and supervision of the Secretary of the Interior and shall not be 
affiliated with or be within any other agency or bureau of the 
Department of the Interior.
    (b) Administrator.--The management of the Administration shall be 
vested in an Administrator, who shall be appointed from by the 
President, by and with the advice and consent of the Senate, from among 
individuals who have outstanding qualifications with a broad background 
and substantial experience in the mineral industries and in the 
management of mineral resources.
    (c) Other Officials and Employees.--
            (1) In general.--There shall be in the Administration an 
        Associate Administrator and 4 Assistant Administrators who 
        shall perform, in accordance with applicable law, such 
        functions as the Administrator shall assign to them in 
        accordance with this Act. The functions the Administrator shall 
        assign to the Assistant Administrators shall include the 
        following functions:
                    (A) Commodity information and analysis, including 
                development and maintenance of--
                            (i) historical and current mineral 
                        commodity information, including the degree of 
                        import dependence of the United States;
                            (ii) international mineral commodity and 
                        resource information;
                            (iii) domestic mineral commodity and 
                        resource information by State, county, and 
                        region;
                            (iv) material flow and recycling analysis, 
                        showing disposition in the United States of 
                        mined materials into stocks in use, waste, and 
                        residuals; and
                            (v) ongoing analysis of United States 
                        mineral commodity exports, and analysis of 
                        imports of mineral commodities and processed 
                        materials of mineral origin that are destined 
                        for consumption in the United States, 
                        categorized by the country of origin.
                    (B) Mineral industry analysis, including the 
                continuing assessment and analysis of events, trends, 
                and issues affecting the minerals sector of the 
                domestic economy, including exploration spending and 
                activity, mineral production trends, mineral stocks and 
                inventories, merger and acquisitions activity, and 
                labor and workforce trends.
                    (C) Data acquisition and analysis, including 
                management of data collection, statistical analysis, 
                analytical forecasting and modeling, and regular data 
                quality assessments.
                    (D) Information systems and services, including 
                information technology management, publications and 
                production dissemination, and library services.
                    (E) External affairs, including congressional and 
                legislative liaison, communications, and public 
                affairs, and international and intergovernmental 
                affairs.
                    (F) Budget, financial, and human resource 
                management, including budget and financial management, 
                human capital management, employee training, 
                professional development, procurement and contract 
                management, and small business support.
            (2) Transfer of existing positions.--Within 30 days after 
        the date of the enactment of this Act, the Secretary of the 
        Interior shall transfer to the Administrator the following 
        positions:
                    (A) United states geological survey.--From the 
                United States Geological Survey, not less than 200 
                full-time equivalent positions, including all filled 
                and unfilled commodity and country specialists within 
                the United States Geological Survey Minerals 
                Information Team immediately before the enactment of 
                this Act.
                    (B) Department of interior, generally.--From the 
                Department of the Interior generally not less that 100 
                full time equivalent positions of an administrative 
                nature, including communications and public affairs 
                specialists, congressional and legislative liaison 
                specialists, human resources personnel, librarians, 
                administrative assistants, information technology 
                management specialists, publication service 
                specialists, and budget analysts.
            (3) Subsequent appointments.--The Administrator may appoint 
        such employees as may be necessary to positions that are 
        transferred under paragraph (2), but vacant on the date of the 
        transfer of the positions. Such appointments shall be subject 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service. Such positions shall 
        be paid in accordance with the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates.
    (d) Written and Electronic Materials.--The Secretary of the 
Interior shall transfer to the Administrator all existing written and 
electronic materials under the control of the Department pertaining to 
mineral commodities and mineral resources, including mineral commodity 
time series data, library materials, maps, unpublished data files, and 
existing mineral commodity reports prepared or held by the United 
States Geological Survey and its predecessor agency, the Bureau of 
Mines.

SEC. 4. DUTIES OF THE ADMINISTRATOR.

    (a) Mineral Commodity Data and Information Program.--The 
Administrator carrying out a central, comprehensive, and unified 
mineral commodity data and information program to collect, evaluate, 
assemble, analyze, and disseminate data and information regarding 
mineral resources and reserves, mineral commodity production, 
consumption, and technology, and related economic and statistical 
information, that is relevant to the adequacy of mineral resources to 
meet demands in the near term and longer term future for the Nation's 
economic and social needs.
    (b) Mineral Commodity Data Time Series.--
            (1) In general.--The Administrator shall continue to 
        maintain all existing mineral commodity data time series 
        maintained by the Department of the Interior immediately before 
        the enactment of this Act, and shall develop such new mineral 
        commodity data time series as the Administrator finds useful 
        and proper after consulting with other Federal and State 
        agencies and the public.
            (2) Public comment.--The Administrator shall--
                    (A) provide for public review and comment regarding 
                all mineral commodity data time series maintained by 
                the Department of the Interior immediately before the 
                enactment of this Act, by not later than 15 years after 
                such date of enactment; and
                    (B) seek public comments on a continuing basis on 
                the adequacy and accuracy of any time series added 
                after the date of the enactment of this Act, not later 
                than 5 years after the inception of such new series.
    (c) Projections of Usage Patterns.--
            (1) In general.--The Administrator shall--
                    (A) not later than 3 years after the date of the 
                enactment of this Act, prepare and make available to 
                the public an analysis of projected mineral commodity 
                usage patterns by the United States at 10, 25, and 50 
                year intervals following such date of enactment; and
                    (B) update such analysis and make it publicly 
                available every 5 years thereafter.
            (2) Considerations.--In preparing such analyses, the 
        Administrator shall take into consideration--
                    (A) market trends;
                    (B) geopolitical considerations; and
                    (C) the reasonably foreseeable advances in basic 
                industries, high technology, material sciences, and 
                energy usage.
    (d) Annual Report.--The Administrator shall annually publish and 
submit to the Congress a report on the state of the domestic mining, 
minerals, and mineral reclamation industries, including a statement of 
the trend in utilization and depletion of the domestic supplies of 
mineral commodities.
    (e) Mineral Commodity Reports.--The Administrator--
            (1) shall continue to prepare and distribute all series of 
        mineral commodity reports prepared and published by the Bureau 
        of Mines and the United States Geological Survey as of the date 
        of the enactment of this Act, including--
                    (A) all volumes of the Minerals Yearbook;
                    (B) Mineral Commodity Summaries;
                    (C) Mineral Industry Surveys;
                    (D) Metal Industry Indicators;
                    (E) Nonmetallic Mineral Product Industry Indexes;
                    (F) material flow studies and recycling reports; 
                and
                    (G) Historical Statistics for Mineral and Material 
                Commodities;
            (2) may develop, prepare, and publish additional reports 
        related to mineral commodities as the Administrator considers 
        appropriate.
    (f) Analysis With Respect Sustaining Energy Usage.--
            (1) In general.--The Administrator of the Mineral Commodity 
        Information Administration shall, in 2007 and each year 
        thereafter, following the issuance of the Annual Energy Outlook 
        analysis prepared by the Administrator of the Energy 
        Information Administration, prepare and publish an analysis of 
        the foreign and domestic mineral commodities that will be 
        required by the United States to sustain the energy supply, 
        demand, and prices projected by such Annual Energy Outlook 
        analysis.
            (2) Joint agreement.--The Administrator of the Energy 
        Information Agency and the Administrator of the Mineral 
        Commodity Information Administration may, at their sole 
        discretion, enter into a joint agreement for preparation of a 
        unified analysis to meet the requirements of this paragraph.
    (g) Other Approval Not Required.--The Administrator--
            (1) shall not be required to obtain the approval of any 
        other officer or employee of the United States in connection 
        with the collection or analysis of any information; and
            (2) shall not be required, prior to publication, to obtain 
        the approval of any other officer or employee of the United 
        States with respect to the substance of any analytical studies, 
        statistical, or forecasting technical reports that the 
        Administrator has prepared in accordance with law.

SEC. 5. EXCEPTIONS TO INFORMATION AVAILABILITY.

     (a) In General.--Notwithstanding section 552 of title 5, United 
States Code, and except as provided in subsection (b), data and 
information provided to the Administrator by persons or firms engaged 
in any phase of mineral or mineral-material production or large-scale 
consumption shall not be disclosed outside of the Administration in a 
nonaggregated form in such a manner as may disclose data and 
information supplied by an individual or other person, unless such 
person authorizes such disclosure after the person is provided notice 
and an opportunity to object.
    (b) Disclosure to Federal Defense or Homeland Security Agencies.--
The Administrator may disclose nonaggregated data and information to 
any agency of the Department of Homeland Security or the Department of 
Defense, upon written request by the head of the agency for appropriate 
purposes.

SEC. 6. ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 90 days after [the date of 
enactment of this Act], the Administrator shall establish an advisory 
committee to be known as the Mineral Commodity Advisory Committee.
    (b) Functions.--The Advisory Committee--
            (1) shall respond to all questions referred to it by the 
        Administrator regarding any matter related to the activities 
        authorized by this Act;
            (2) shall undertake such studies and inquiries as are 
        necessary to provide answers, advice, and recommendations on 
        matters referred to it by the Administrator; and
            (3) in carrying out such studies, may seek information from 
        individuals, business enterprises, colleges, universities, and 
        any State or Federal agency.
    (c) Participation in Reviews of Materials.--The Administrator shall 
invite the Advisory Committee to participate in any public review of 
materials prepared pursuant to section 4.
    (d) Membership.--
            (1) In general.--The Advisory Committee--
                    (A) shall consist of 15 individuals appointed in 
                accordance with paragraph (2); and
                    (B) shall include--
                            (i) one representative from each of a 
                        mineral exploration company, a metallic mineral 
                        producer, an industrial mineral producer, and 
                        an aggregate producer;
                            (ii) one representative from each of the 
                        State geologists, mining labor organizations, 
                        and the mining finance industry;
                            (iii) two representatives from small 
                        businesses;
                            (iv) three representatives from 
                        manufacturing industries; and
                            (v) three purchasing professionals.
            (2) Appointment.--The Administrator shall appoint the 
        members of the Advisory Committee from among individuals who--
                    (A) are not officers or employees of the Federal 
                Government; and
                    (B) are United States citizens.
            (3) Term.--Each member of the Advisory Committee shall be 
        appointed to serve a term of 4 years.
    (e) Organization and Meetings.--The Advisory Committee--
            (1) shall select a Chairman and Vice-Chairman from among 
        its members;
            (2) shall organize itself into such subcommittees as the 
        members determine to be necessary; and
            (3) shall meet not less than 2 times each year.
    (f) Compensation and Expenses.--Subject to the availability of 
appropriations, each member of the Advisory Committee--
            (1) shall be compensated at a rate equal to the daily 
        equivalent of the annual rate of basic pay prescribed for level 
        IV of the Executive Schedule under section 5315 of title 5, 
        United States Code, for each day (including travel time) during 
        which such member is engaged in the performance of the duties 
        of the Advisory Committee; and
            (2) shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for employees of 
        agencies under subchapter I of chapter 57 of title 5, United 
        States Code, while away from the member's home or regular place 
        of business in the performance of services for the Committee.
    (g) Support and Records Maintenance.--The Administrator--
            (1) shall provide administrative and technical support for 
        the Advisory Committee; and
            (2) shall maintain the records of the Advisory Committee.
    (h) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall 
apply to the Advisory Committee only to the extent that the provisions 
of such Act do not conflict with the requirements of this section.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        Mineral Commodity Information Administration established by 
        this Act.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Administration.
            (3) Advisory committee.--The term ``Advisory Committee'' 
        means the Mineral Commodity Advisory Committee established by 
        this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

     There is authorized to be appropriated to the Administrator to 
carry out this Act $30,000,000 for each of the fiscal years through 
2007 through 2017.
                                 <all>