[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 883 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 883

    To facilitate the reestablishment of domestic, critical mineral 
    designation, assessment, production, manufacturing, recycling, 
analysis, forecasting, workforce, education, and research capabilities 
             in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2015

 Ms. Murkowski introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To facilitate the reestablishment of domestic, critical mineral 
    designation, assessment, production, manufacturing, recycling, 
analysis, forecasting, workforce, education, and research capabilities 
             in the United States, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Mineral 
Security Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                 TITLE I--DESIGNATIONS AND SUPPLY CHAIN

Sec. 101. Policy.
Sec. 102. Critical mineral designations.
Sec. 103. Resource assessment.
Sec. 104. Permitting.
Sec. 105. Application of Executive order.
Sec. 106. Federal Register process.
Sec. 107. Recycling, efficiency, and alternatives.
Sec. 108. Analysis and forecasting.
Sec. 109. Education and workforce.
                        TITLE II--ADMINISTRATION

Sec. 201. Repeal.
Sec. 202. Savings clauses.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Critical mineral.--
                    (A) In general.--The term ``critical mineral'' 
                means any mineral, element, substance, or material 
                designated as critical pursuant to section 102.
                    (B) Exclusions.--The term ``critical mineral'' does 
                not include--
                            (i) fuel minerals, including oil, natural 
                        gas, or any other fossil fuels; or
                            (ii) water, ice, or snow.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Mineral manufacturing.--The term ``mineral 
        manufacturing'' means--
                    (A) the production, processing, refining, alloying, 
                separation, concentration, magnetic sintering, melting, 
                or beneficiation of minerals within the United States;
                    (B) the fabrication, assembly, or production, 
                within the United States, of equipment, components, or 
                other goods with energy technology-, defense-, 
                agriculture-, consumer electronics-, or health care-
                related applications; or
                    (C) any other value-added, manufacturing-related 
                use of minerals undertaken within the United States.
            (4) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands; and
                    (G) the United States Virgin Islands.

                 TITLE I--DESIGNATIONS AND SUPPLY CHAIN

SEC. 101. POLICY.

    (a) In General.--Section 3 of the National Materials and Minerals 
Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is 
amended in the second sentence--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) establish an analytical and forecasting capability 
        for identifying critical mineral demand, supply, and other 
        factors to allow informed actions to be taken to avoid supply 
        shortages, mitigate price volatility, and prepare for demand 
        growth and other market shifts;'';
            (2) in paragraph (6), by striking ``and'' after the 
        semicolon at the end;
            (3) in paragraph (7), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(8) encourage Federal agencies to facilitate the 
        availability, development, and environmentally responsible 
        production of domestic resources to meet national critical 
        material or mineral needs;
            ``(9) avoid duplication of effort, prevent unnecessary 
        paperwork, and minimize delays in the administration of 
        applicable laws (including regulations) and the issuance of 
        permits and authorizations necessary to explore for, develop, 
        and produce critical minerals and to construct mineral 
        manufacturing facilities in accordance with applicable 
        environmental and land management laws;
            ``(10) strengthen educational and research capabilities and 
        workforce training;
            ``(11) bolster international cooperation through technology 
        transfer, information sharing, and other means;
            ``(12) promote the efficient production, use, and recycling 
        of critical minerals;
            ``(13) develop alternatives to critical minerals; and
            ``(14) establish contingencies for the production of, or 
        access to, critical minerals for which viable sources do not 
        exist within the United States.''.
    (b) Conforming Amendment.--Section 2(b) of the National Materials 
and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 
1601(b)) is amended by striking ``(b) As used in this Act, the term'' 
and inserting the following:
    ``(b) Definitions.--In this Act:
            ``(1) Critical mineral.--The term `critical mineral' means 
        any mineral or element designated as a critical mineral 
        pursuant to section 102 of the American Mineral Security Act of 
        2015.
            ``(2) Materials.--The term''.

SEC. 102. CRITICAL MINERAL DESIGNATIONS.

    (a) Draft Methodology.--Not later than 90 days after the date of 
enactment of this Act, the Director of the United States Geological 
Survey (referred to in this title as the ``Director''), in consultation 
with relevant Federal agencies and entities, shall publish in the 
Federal Register for public comment a draft methodology for determining 
which minerals qualify as critical minerals based on an assessment of 
whether the minerals are--
            (1) subject to potential supply restrictions (including 
        restrictions associated with foreign political risk, abrupt 
        demand growth, military conflict, violent unrest, anti-
        competitive or protectionist behaviors, and other risks 
        throughout the supply chain); and
            (2) important in use (including energy technology-, 
        defense-, currency-, agriculture-, consumer electronics-, and 
        health care-related applications).
    (b) Availability of Data.--If available data is insufficient to 
provide a quantitative basis for the methodology developed under this 
section, qualitative evidence may be used to the extent necessary.
    (c) Final Methodology.--After reviewing public comments on the 
draft methodology under subsection (a) and updating the draft 
methodology as appropriate, not later than 270 days after the date of 
enactment of this Act, the Director shall publish in the Federal 
Register a description of the final methodology for determining which 
minerals qualify as critical minerals.
    (d) Designations.--
            (1) In general.--For purposes of carrying out this title, 
        the Director shall maintain a list of minerals and elements 
        designated as critical, pursuant to the methodology under 
        subsection (c).
            (2) Initial list.--Subject to paragraph (1), not later than 
        1 year after the date of enactment of this Act, the Director 
        shall publish in the Federal Register an initial list of 
        minerals designated as critical pursuant to the final 
        methodology under subsection (c) for the purpose of carrying 
        out this title.
            (3) Inclusions.--Notwithstanding the criteria under 
        subsection (a), any mineral or element determined by another 
        Federal agency to be strategic and critical to the defense or 
        national security of the United States may be--
                    (A) considered to be a critical mineral; and
                    (B) included on the list developed by the Director 
                under this subsection.
    (e) Subsequent Review.--
            (1) In general.--The Director shall review the methodology 
        and designations under subsections (c) and (d) at least every 2 
        years, or more frequently as the Director considers to be 
        appropriate.
            (2) Revisions.--Subject to subsection (d)(1), the Director 
        may--
                    (A) revise the methodology described in this 
                section;
                    (B) determine that minerals or elements previously 
                determined to be critical minerals are no longer 
                critical minerals; and
                    (C) designate additional minerals or elements as 
                critical minerals.
    (f) Notice.--On finalization of the methodology under subsection 
(c), the list under subsection (d), or any revision to the methodology 
or list under subsection (e), the Director shall submit to Congress 
written notice of the action.

SEC. 103. RESOURCE ASSESSMENT.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, in consultation with applicable State (including 
geological surveys), local, academic, industry, and other entities, the 
Director shall complete a comprehensive national assessment of each 
critical mineral that--
            (1) identifies and quantifies known critical mineral 
        resources, using all available public and private information 
        and datasets, including exploration histories; and
            (2) provides a quantitative and qualitative assessment of 
        undiscovered critical mineral resources throughout the United 
        States, including probability estimates of tonnage and grade, 
        using all available public and private information and 
        datasets, including exploration histories.
    (b) Supplementary Information.--In carrying out this section, the 
Director may carry out surveys and field work (including drilling, 
remote sensing, geophysical surveys, geological mapping, and 
geochemical sampling and analysis) to supplement existing information 
and datasets available for determining the existence of critical 
minerals on--
            (1) Federal land;
            (2) Indian tribal land, at the request or with the consent 
        of the Indian tribe; and
            (3) State land, at the request or with the consent of the 
        Governor of the State.
    (c) Technical Assistance.--At the request of the Governor of a 
State or the head of an Indian tribe, the Director may provide 
technical assistance to State governments and Indian tribes conducting 
critical mineral resource assessments on non-Federal land.
    (d) Prioritization.--
            (1) In general.--The Director may sequence the completion 
        of resource assessments for each critical mineral such that 
        critical minerals considered to be most critical under the 
        methodology established under section 102 are completed first.
            (2) Reporting.--During the period beginning not later than 
        1 year after the date of enactment of this Act and ending on 
        the date of completion of all of the assessments required under 
        this section, the Director shall submit to Congress on an 
        annual basis an interim report that--
                    (A) identifies the sequence and schedule for 
                completion of the assessments if the Director sequences 
                the assessments; or
                    (B) describes the progress of the assessments if 
                the Director does not sequence the assessments.
    (e) Updates.--The Director may periodically update the assessments 
conducted under this section based on--
            (1) the generation of new information or datasets by the 
        Federal Government; or
            (2) the receipt of new information or datasets from 
        critical mineral producers, State geological surveys, academic 
        institutions, trade associations, or other entities or 
        individuals.
    (f) Additional Surveys.--The Director shall complete a resource 
assessment for each additional mineral or element subsequently 
designated as a critical mineral under section 102(e)(2) not later than 
2 years after the designation of the mineral or element.
    (g) Report.--Not later than 2 years after the date of enactment of 
this Act, the Director shall submit to Congress a report describing the 
status of geological surveying of Federal land for any mineral 
commodity--
            (1) for which the United States was dependent on a foreign 
        country for more than 25 percent of the United States supply, 
        as depicted in the report issued by the United States 
        Geological Survey entitled ``Mineral Commodity Summaries 
        2015''; but
            (2) that is not designated as a critical mineral under 
        section 102.

SEC. 104. PERMITTING.

    (a) Performance Improvements.--To improve the quality and 
timeliness of decisions, the Secretary of the Interior (acting through 
the Director of the Bureau of Land Management) and the Secretary of 
Agriculture (acting through the Chief of the Forest Service) (referred 
to in this section as the ``Secretaries'') shall, to the maximum extent 
practicable, with respect to critical mineral production on Federal 
land, complete Federal permitting and review processes with maximum 
efficiency and effectiveness, while supporting vital economic growth, 
by--
            (1) establishing and adhering to timelines and schedules 
        for the consideration of, and final decisions regarding, 
        applications, operating plans, leases, licenses, permits, and 
        other use authorizations for mineral-related activities on 
        Federal land;
            (2) establishing clear, quantifiable, and temporal 
        permitting performance goals and tracking progress against 
        those goals;
            (3) engaging in early collaboration among agencies, project 
        sponsors, and affected stakeholders--
                    (A) to incorporate and address the interests of 
                those parties; and
                    (B) to minimize delays;
            (4) ensuring transparency and accountability by using cost-
        effective information technology to collect and disseminate 
        information regarding individual projects and agency 
        performance;
            (5) engaging in early and active consultation with State, 
        local, and Indian tribal governments to avoid conflicts or 
        duplication of effort, resolve concerns, and allow for 
        concurrent, rather than sequential, reviews;
            (6) providing demonstrable improvements in the performance 
        of Federal permitting and review processes, including lower 
        costs and more timely decisions;
            (7) expanding and institutionalizing permitting and review 
        process improvements that have proven effective;
            (8) developing mechanisms to better communicate priorities 
        and resolve disputes among agencies at the national, regional, 
        State, and local levels; and
            (9) developing other practices, such as preapplication 
        procedures.
    (b) Review and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretaries shall submit to Congress a 
report that--
            (1) identifies additional measures (including regulatory 
        and legislative proposals, as appropriate) that would increase 
        the timeliness of permitting activities for the exploration and 
        development of domestic critical minerals;
            (2) identifies options (including cost recovery paid by 
        permit applicants) for ensuring adequate staffing and training 
        of Federal entities and personnel responsible for the 
        consideration of applications, operating plans, leases, 
        licenses, permits, and other use authorizations for critical 
        mineral-related activities on Federal land;
            (3) quantifies the amount of time typically required 
        (including range derived from minimum and maximum durations, 
        mean, median, variance, and other statistical measures or 
        representations) to complete each step (including those aspects 
        outside the control of the executive branch, such as judicial 
        review, applicant decisions, or State and local government 
        involvement) associated with the development and processing of 
        applications, operating plans, leases, licenses, permits, and 
        other use authorizations for critical mineral-related 
        activities on Federal land, which shall serve as a baseline for 
        the performance metric under subsection (c); and
            (4) describes actions carried out pursuant to subsection 
        (a).
    (c) Performance Metric.--Not later than 90 days after the date of 
submission of the report under subsection (b), the Secretaries, after 
providing public notice and an opportunity to comment, shall develop 
and publish a performance metric for evaluating the progress made by 
the executive branch to expedite the permitting of activities that will 
increase exploration for, and development of, domestic critical 
minerals, while maintaining environmental standards.
    (d) Annual Reports.--Beginning with the first budget submission by 
the President under section 1105 of title 31, United States Code, after 
publication of the performance metric required under subsection (c), 
and annually thereafter, the Secretaries shall submit to Congress a 
report that--
            (1) summarizes the implementation of recommendations, 
        measures, and options identified in paragraphs (1) and (2) of 
        subsection (b);
            (2) using the performance metric under subsection (c), 
        describes progress made by the executive branch, as compared to 
        the baseline established pursuant to subsection (b)(3), on 
        expediting the permitting of activities that will increase 
        exploration for, and development of, domestic critical 
        minerals; and
            (3) compares the United States to other countries in terms 
        of permitting efficiency and any other criteria relevant to the 
        globally competitive critical minerals industry.
    (e) Individual Projects.--Using data from the Secretaries generated 
under subsection (d), the Director of the Office of Management and 
Budget shall prioritize inclusion of individual critical mineral 
projects in the permit performance dashboard.
    (f) Report of Small Business Administration.--Not later than 1 year 
and 300 days after the date of enactment of this Act, the Administrator 
of the Small Business Administration shall submit to the applicable 
committees of Congress a report that assesses the performance of 
Federal agencies with respect to--
            (1) complying with chapter 6 of title 5, United States Code 
        (commonly known as the ``Regulatory Flexibility Act''), in 
        promulgating regulations applicable to the critical minerals 
        industry; and
            (2) performing an analysis of regulations applicable to the 
        critical minerals industry that may be outmoded, inefficient, 
        duplicative, or excessively burdensome.

SEC. 105. APPLICATION OF EXECUTIVE ORDER.

    Domestic mines that will produce critical minerals and critical 
mineral manufacturing projects shall be considered to be infrastructure 
projects, as described in Executive Order 13604 (5 U.S.C. 601 note; 
relating to improving performance of Federal permitting and review of 
infrastructure projects).

SEC. 106. FEDERAL REGISTER PROCESS.

    (a) Preparation.--The preparation of Federal Register notices 
required by law associated with the issuance of a critical mineral 
exploration or mine permit shall be delegated to the organizational 
level within the agency responsible for issuing the critical mineral 
exploration or mine permit.
    (b) Transmission.--All Federal Register notices regarding official 
document availability, announcements of meetings, or notices of intent 
to undertake an action shall be originated in, and transmitted to the 
Federal Register from, the office in which, as applicable--
            (1) the documents or meetings are held; or
            (2) the activity is initiated.
    (c) Departmental Review.--Absent any extraordinary circumstance, 
and except as otherwise required by law, each Federal Register notice 
described in subsection (a) shall be--
            (1) subject to any required reviews within the Department 
        of the Interior or the Department of Agriculture; and
            (2) published in final form in the Federal Register not 
        later than 45 days after the date of initial preparation of the 
        notice.

SEC. 107. RECYCLING, EFFICIENCY, AND ALTERNATIVES.

    (a) Establishment.--The Secretary of Energy, in consultation with 
the Director, shall conduct a program of research and development--
            (1) to promote the efficient production, use, and recycling 
        of critical minerals throughout the supply chain; and
            (2) to develop alternatives to critical minerals that do 
        not occur in significant abundance in the United States.
    (b) Cooperation.--In carrying out the program, the Secretary of 
Energy shall cooperate with appropriate--
            (1) Federal agencies and National Laboratories;
            (2) critical mineral producers;
            (3) critical mineral processors;
            (4) critical mineral manufacturers;
            (5) trade associations;
            (6) academic institutions;
            (7) small businesses; and
            (8) other relevant entities or individuals.
    (c) Activities.--Under the program, the Secretary of Energy, in 
consultation with the Director, shall carry out activities that include 
the identification and development of--
            (1) advanced critical mineral extraction, production, 
        separation, alloying, or processing technologies that decrease 
        the energy consumption, environmental impact, and costs of 
        those activities, including--
                    (A) efficient water and wastewater management 
                strategies;
                    (B) technologies and management strategies to 
                control the environmental impacts of radionuclides in 
                ore tailings; and
                    (C) technologies for separation and processing;
            (2) technologies or process improvements that minimize the 
        use, or lead to more efficient use, of critical minerals across 
        the full supply chain;
            (3) technologies, process improvements, or design 
        optimizations that facilitate the recycling of critical 
        minerals, and options for improving the rates of collection of 
        products and scrap containing critical minerals from post-
        consumer, industrial, or other waste streams;
            (4) commercial markets, advanced storage methods, energy 
        applications, and other beneficial uses of critical minerals 
        processing byproducts;
            (5) alternative minerals, metals, and materials, 
        particularly those available in abundance within the United 
        States and not subject to potential supply restrictions, that 
        lessen the need for critical minerals; and
            (6) alternative energy technologies or alternative designs 
        of existing energy technologies, particularly those that use 
        minerals that--
                    (A) occur in abundance in the United States; and
                    (B) are not subject to potential supply 
                restrictions.
    (d) Reports.--Not later than 2 years after the date of enactment of 
this Act, and annually thereafter, the Secretary of Energy shall submit 
to Congress a report summarizing the activities, findings, and progress 
of the program.

SEC. 108. ANALYSIS AND FORECASTING.

    (a) Capabilities.--In order to evaluate existing critical mineral 
policies and inform future actions that may be taken to avoid supply 
shortages, mitigate price volatility, and prepare for demand growth and 
other market shifts, the Director, in consultation with the Energy 
Information Administration, academic institutions, and others in order 
to maximize the application of existing competencies related to 
developing and maintaining computer-models and similar analytical 
tools, shall conduct and publish the results of an annual report that 
includes--
            (1) as part of the annually published Mineral Commodity 
        Summaries from the United States Geological Survey, a 
        comprehensive review of critical mineral production, 
        consumption, and recycling patterns, including--
                    (A) the quantity of each critical mineral 
                domestically produced during the preceding year;
                    (B) the quantity of each critical mineral 
                domestically consumed during the preceding year;
                    (C) market price data or other price data for each 
                critical mineral;
                    (D) an assessment of--
                            (i) critical mineral requirements to meet 
                        the national security, energy, economic, 
                        industrial, technological, and other needs of 
                        the United States during the preceding year;
                            (ii) the reliance of the United States on 
                        foreign sources to meet those needs during the 
                        preceding year; and
                            (iii) the implications of any supply 
                        shortages, restrictions, or disruptions during 
                        the preceding year;
                    (E) the quantity of each critical mineral 
                domestically recycled during the preceding year;
                    (F) the market penetration during the preceding 
                year of alternatives to each critical mineral;
                    (G) a discussion of international trends associated 
                with the discovery, production, consumption, use, costs 
                of production, prices, and recycling of each critical 
                mineral as well as the development of alternatives to 
                critical minerals; and
                    (H) such other data, analyses, and evaluations as 
                the Director finds are necessary to achieve the 
                purposes of this section; and
            (2) a comprehensive forecast, entitled the ``Annual 
        Critical Minerals Outlook'', of projected critical mineral 
        production, consumption, and recycling patterns, including--
                    (A) the quantity of each critical mineral projected 
                to be domestically produced over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (B) the quantity of each critical mineral projected 
                to be domestically consumed over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (C) an assessment of--
                            (i) critical mineral requirements to meet 
                        projected national security, energy, economic, 
                        industrial, technological, and other needs of 
                        the United States;
                            (ii) the projected reliance of the United 
                        States on foreign sources to meet those needs; 
                        and
                            (iii) the projected implications of 
                        potential supply shortages, restrictions, or 
                        disruptions;
                    (D) the quantity of each critical mineral projected 
                to be domestically recycled over the subsequent 1-year, 
                5-year, and 10-year periods;
                    (E) the market penetration of alternatives to each 
                critical mineral projected to take place over the 
                subsequent 1-year, 5-year, and 10-year periods;
                    (F) a discussion of reasonably foreseeable 
                international trends associated with the discovery, 
                production, consumption, use, costs of production, and 
                recycling of each critical mineral as well as the 
                development of alternatives to critical minerals; and
                    (G) such other projections relating to each 
                critical mineral as the Director determines to be 
                necessary to achieve the purposes of this section.
    (b) Proprietary Information.--In preparing a report described in 
subsection (a), the Director shall ensure, consistent with section 5(f) 
of the National Materials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1604(f)), that--
            (1) no person uses the information and data collected for 
        the report for a purpose other than the development of or 
        reporting of aggregate data in a manner such that the identity 
        of the person or firm who supplied the information is not 
        discernible and is not material to the intended uses of the 
        information;
            (2) no person discloses any information or data collected 
        for the report unless the information or data has been 
        transformed into a statistical or aggregate form that does not 
        allow the identification of the person or firm who supplied 
        particular information; and
            (3) procedures are established to require the withholding 
        of any information or data collected for the report if the 
        Director determines that withholding is necessary to protect 
        proprietary information, including any trade secrets or other 
        confidential information.

SEC. 109. EDUCATION AND WORKFORCE.

    (a) Workforce Assessment.--Not later than 1 year and 300 days after 
the date of enactment of this Act, the Secretary of Labor (in 
consultation with the Director, the Director of the National Science 
Foundation, institutions of higher education with substantial expertise 
in mining, and employers in the critical minerals sector) shall submit 
to Congress an assessment of the domestic availability of technically 
trained personnel necessary for critical mineral exploration, 
development, assessment, production, manufacturing, recycling, 
analysis, forecasting, education, and research, including an analysis 
of--
            (1) skills that are in the shortest supply as of the date 
        of the assessment;
            (2) skills that are projected to be in short supply in the 
        future;
            (3) the demographics of the critical minerals industry and 
        how the demographics will evolve under the influence of factors 
        such as an aging workforce;
            (4) the effectiveness of training and education programs in 
        addressing skills shortages;
            (5) opportunities to hire locally for new and existing 
        critical mineral activities;
            (6) the sufficiency of personnel within relevant areas of 
        the Federal Government for achieving the policies described in 
        section 3 of the National Materials and Minerals Policy, 
        Research and Development Act of 1980 (30 U.S.C. 1602); and
            (7) the potential need for new training programs to have a 
        measurable effect on the supply of trained workers in the 
        critical minerals industry.
    (b) Curriculum Study.--
            (1) In general.--The Director and the Secretary of Labor 
        shall jointly enter into an arrangement with the National 
        Academy of Sciences and the National Academy of Engineering 
        under which the Academies shall coordinate with the National 
        Science Foundation on conducting a study--
                    (A) to design an interdisciplinary program on 
                critical minerals that will support the critical 
                mineral supply chain and improve the ability of the 
                United States to increase domestic, critical mineral 
                exploration, development, production, manufacturing, 
                and recycling;
                    (B) to address undergraduate and graduate 
                education, especially to assist in the development of 
                graduate level programs of research and instruction 
                that lead to advanced degrees with an emphasis on the 
                critical mineral supply chain or other positions that 
                will increase domestic, critical mineral exploration, 
                development, production, manufacturing, and recycling;
                    (C) to develop guidelines for proposals from 
                institutions of higher education with substantial 
                capabilities in the required disciplines for activities 
                to improve the critical mineral supply chain and 
                advance the capacity of the United States to increase 
                domestic, critical mineral exploration, research, 
                development, production, manufacturing, and recycling; 
                and
                    (D) to outline criteria for evaluating performance 
                and recommendations for the amount of funding that will 
                be necessary to establish and carry out the program 
                described in subsection (c).
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Director shall submit to Congress a 
        description of the results of the study required under 
        paragraph (1).
    (c) Program.--
            (1) Establishment.--The Director and the Secretary of Labor 
        shall jointly conduct a competitive grant program under which 
        institutions of higher education may apply for and receive 4-
        year grants for--
                    (A) startup costs for newly designated faculty 
                positions in integrated critical mineral education, 
                research, innovation, training, and workforce 
                development programs consistent with subsection (b);
                    (B) internships, scholarships, and fellowships for 
                students enrolled in programs related to critical 
                minerals;
                    (C) equipment necessary for integrated critical 
                mineral innovation, training, and workforce development 
                programs; and
                    (D) research of critical minerals and their 
                applications, particularly concerning the manufacture 
                of critical components vital to national security.
            (2) Renewal.--A grant under this subsection shall be 
        renewable for up to 2 additional 3-year terms based on 
        performance criteria outlined under subsection (b)(1)(D).

                        TITLE II--ADMINISTRATION

SEC. 201. REPEAL.

    (a) In General.--The National Critical Materials Act of 1984 (30 
U.S.C. 1801 et seq.) is repealed.
    (b) Conforming Amendment.--Section 3(d) of the National 
Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) 
is amended in the first sentence by striking ``, with the assistance of 
the National Critical Materials Council as specified in the National 
Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.

SEC. 202. SAVINGS CLAUSES.

    (a) In General.--Nothing in this Act or an amendment made by this 
Act modifies any requirement or authority provided by the matter under 
the heading ``geological survey'' of the first section of the Act of 
March 3, 1879 (43 U.S.C. 31(a)).
    (b) Potash.--Nothing in this Act affects any aspect of Secretarial 
Order 3324, issued by the Secretary of the Interior on December 3, 
2012, with respect to potash and oil and gas operators.
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