[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1317 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 251
116th CONGRESS
  1st Session
                                S. 1317

                          [Report No. 116-131]

   To facilitate the availability, development, and environmentally 
responsible production of domestic resources to meet national material 
           or critical mineral needs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2019

Ms. Murkowski (for herself, Mr. Manchin, Mr. Sullivan, Ms. McSally, Mr. 
 Cramer, Mr. Risch, Mr. Jones, Mr. Tillis, Mr. Barrasso, Mrs. Capito, 
  Mr. Crapo, and Mr. Daines) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

                            October 22, 2019

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To facilitate the availability, development, and environmentally 
responsible production of domestic resources to meet national material 
           or critical mineral needs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``American Mineral Security 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Critical mineral.--</DELETED>
                <DELETED>    (A) In general.--The term ``critical 
                mineral'' means any mineral, element, substance, or 
                material designated as critical by the Secretary under 
                section 4.</DELETED>
                <DELETED>    (B) Exclusions.--The term ``critical 
                mineral'' does not include--</DELETED>
                        <DELETED>    (i) fuel minerals, including oil, 
                        natural gas, or any other fossil fuels; 
                        or</DELETED>
                        <DELETED>    (ii) water, ice, or 
                        snow.</DELETED>
        <DELETED>    (2) Critical mineral manufacturing.--The term 
        ``critical mineral manufacturing'' means--</DELETED>
                <DELETED>    (A) the exploration, development, mining, 
                production, processing, refining, alloying, separation, 
                concentration, magnetic sintering, melting, or 
                beneficiation of critical minerals within the United 
                States;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) any other value-added, manufacturing-
                related use of critical minerals undertaken within the 
                United States.</DELETED>
        <DELETED>    (3) 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. 
        5304).</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (5) State.--The term ``State'' means--</DELETED>
                <DELETED>    (A) a State;</DELETED>
                <DELETED>    (B) the District of Columbia;</DELETED>
                <DELETED>    (C) the Commonwealth of Puerto 
                Rico;</DELETED>
                <DELETED>    (D) Guam;</DELETED>
                <DELETED>    (E) American Samoa;</DELETED>
                <DELETED>    (F) the Commonwealth of the Northern 
                Mariana Islands; and</DELETED>
                <DELETED>    (G) the United States Virgin 
                Islands.</DELETED>

<DELETED>SEC. 3. POLICY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by striking paragraph (3) and inserting the 
        following:</DELETED>
        <DELETED>    ``(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;'';</DELETED>
        <DELETED>    (2) in paragraph (6), by striking ``and'' after 
        the semicolon at the end; and</DELETED>
        <DELETED>    (3) by striking paragraph (7) and inserting the 
        following:</DELETED>
        <DELETED>    ``(7) facilitate the availability, development, 
        and environmentally responsible production of domestic 
        resources to meet national material or critical mineral 
        needs;</DELETED>
        <DELETED>    ``(8) 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 
        critical mineral manufacturing facilities in accordance with 
        applicable environmental and land management laws;</DELETED>
        <DELETED>    ``(9) strengthen--</DELETED>
                <DELETED>    ``(A) educational and research 
                capabilities at not lower than the secondary school 
                level; and</DELETED>
                <DELETED>    ``(B) workforce training for exploration 
                and development of critical minerals and critical 
                mineral manufacturing;</DELETED>
        <DELETED>    ``(10) bolster international cooperation through 
        technology transfer, information sharing, and other 
        means;</DELETED>
        <DELETED>    ``(11) promote the efficient production, use, and 
        recycling of critical minerals;</DELETED>
        <DELETED>    ``(12) develop alternatives to critical minerals; 
        and</DELETED>
        <DELETED>    ``(13) establish contingencies for the production 
        of, or access to, critical minerals for which viable sources do 
        not exist within the United States.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(b) Definitions.--In this Act:</DELETED>
        <DELETED>    ``(1) Critical mineral.--The term `critical 
        mineral' means any mineral, element, substance, or material 
        designated as critical by the Secretary under section 4 of the 
        American Mineral Security Act.</DELETED>
        <DELETED>    ``(2) Materials.--The term''.</DELETED>

<DELETED>SEC. 4. CRITICAL MINERAL DESIGNATIONS.</DELETED>

<DELETED>    (a) Draft Methodology and List.--The Secretary, acting 
through the Director of the United States Geological Survey (referred 
to in this section as the ``Secretary''), shall publish in the Federal 
Register for public comment--</DELETED>
        <DELETED>    (1) a description of the draft methodology used to 
        identify a draft list of critical minerals; and</DELETED>
        <DELETED>    (2) a draft list of minerals, elements, 
        substances, and materials that qualify as critical 
        minerals.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Final Methodology and List.--After reviewing public 
comments on the draft methodology and the draft list of critical 
minerals published under subsection (a) and updating the methodology 
and list as appropriate, not later than 45 days after the date on which 
the public comment period with respect to the draft methodology and 
draft list closes, the Secretary shall publish in the Federal 
Register--</DELETED>
        <DELETED>    (1) a description of the final methodology for 
        determining which minerals, elements, substances, and materials 
        qualify as critical minerals; and</DELETED>
        <DELETED>    (2) the final list of critical minerals.</DELETED>
<DELETED>    (d) Designations.--</DELETED>
        <DELETED>    (1) In general.--For purposes of carrying out this 
        section, the Secretary shall maintain a list of minerals, 
        elements, substances, and materials designated as critical, 
        pursuant to the final methodology published under subsection 
        (c), that the Secretary determines--</DELETED>
                <DELETED>    (A) are essential to the economic or 
                national security of the United States;</DELETED>
                <DELETED>    (B) the supply chain of which is 
                vulnerable to disruption (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</DELETED>
                <DELETED>    (C) serve an essential function in the 
                manufacturing of a product (including energy 
                technology-, defense-, currency-, agriculture-, 
                consumer electronics-, and health care-related 
                applications), the absence of which would have 
                significant consequences for the economic or national 
                security of the United States.</DELETED>
        <DELETED>    (2) Inclusions.--Notwithstanding the criteria 
        under subsection (c), the Secretary may designate and include 
        on the list any mineral, element, substance, or material 
        determined by another Federal agency to be strategic and 
        critical to the defense or national security of the United 
        States.</DELETED>
        <DELETED>    (3) Required consultation.--The Secretary shall 
        consult with the Secretaries of Defense, Commerce, Agriculture, 
        and Energy and the United States Trade Representative in 
        designating minerals, elements, substances, and materials as 
        critical under this subsection.</DELETED>
<DELETED>    (e) Subsequent Review.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in consultation 
        with the Secretaries of Defense, Commerce, Agriculture, and 
        Energy and the United States Trade Representative, shall review 
        the methodology and list under subsection (c) and the 
        designations under subsection (d) at least every 3 years, or 
        more frequently as the Secretary considers to be 
        appropriate.</DELETED>
        <DELETED>    (2) Revisions.--Subject to subsection (d)(1), the 
        Secretary may--</DELETED>
                <DELETED>    (A) revise the methodology described in 
                this section;</DELETED>
                <DELETED>    (B) determine that minerals, elements, 
                substances, and materials previously determined to be 
                critical minerals are no longer critical minerals; 
                and</DELETED>
                <DELETED>    (C) designate additional minerals, 
                elements, substances, or materials as critical 
                minerals.</DELETED>
<DELETED>    (f) Notice.--On finalization of the methodology and the 
list under subsection (c), or any revision to the methodology or list 
under subsection (e), the Secretary shall submit to Congress written 
notice of the action.</DELETED>

<DELETED>SEC. 5. RESOURCE ASSESSMENT.</DELETED>

<DELETED>    (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 
Secretary shall complete a comprehensive national assessment of each 
critical mineral that--</DELETED>
        <DELETED>    (1) identifies and quantifies known critical 
        mineral resources, using all available public and private 
        information and datasets, including exploration histories; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Supplementary Information.--In carrying out this 
section, the Secretary may carry out surveys and field work (including 
drilling, remote sensing, geophysical surveys, topographical and 
geological mapping, and geochemical sampling and analysis) to 
supplement existing information and datasets available for determining 
the existence of critical minerals in the United States.</DELETED>
<DELETED>    (c) Public Access.--Subject to applicable law, to the 
maximum extent practicable, the Secretary shall make all data and 
metadata collected from the comprehensive national assessment carried 
out under subsection (a) publically and electronically 
accessible.</DELETED>
<DELETED>    (d) Technical Assistance.--At the request of the Governor 
of a State or the head of an Indian tribe, the Secretary may provide 
technical assistance to State governments and Indian tribes conducting 
critical mineral resource assessments on non-Federal land.</DELETED>
<DELETED>    (e) Prioritization.--</DELETED>
        <DELETED>    (1) In general.--The Secretary 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 4 are completed 
        first.</DELETED>
        <DELETED>    (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 Secretary shall submit to 
        Congress on an annual basis an interim report that--</DELETED>
                <DELETED>    (A) identifies the sequence and schedule 
                for completion of the assessments if the Secretary 
                sequences the assessments; or</DELETED>
                <DELETED>    (B) describes the progress of the 
                assessments if the Secretary does not sequence the 
                assessments.</DELETED>
<DELETED>    (f) Updates.--The Secretary may periodically update the 
assessments conducted under this section based on--</DELETED>
        <DELETED>    (1) the generation of new information or datasets 
        by the Federal Government; or</DELETED>
        <DELETED>    (2) the receipt of new information or datasets 
        from critical mineral producers, State geological surveys, 
        academic institutions, trade associations, or other 
        persons.</DELETED>
<DELETED>    (g) Additional Surveys.--The Secretary shall complete a 
resource assessment for each additional mineral or element subsequently 
designated as a critical mineral under section 4(e)(2) not later than 2 
years after the designation of the mineral or element.</DELETED>
<DELETED>    (h) Report.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
describing the status of geological surveying of Federal land for any 
mineral commodity--</DELETED>
        <DELETED>    (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 
        2019''; but</DELETED>
        <DELETED>    (2) that is not designated as a critical mineral 
        under section 4.</DELETED>

<DELETED>SEC. 6. PERMITTING.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (1) critical minerals are fundamental to the 
        economy, competitiveness, and security of the United 
        States;</DELETED>
        <DELETED>    (2) to the maximum extent practicable, the 
        critical mineral needs of the United States should be satisfied 
        by minerals responsibly produced and recycled in the United 
        States; and</DELETED>
        <DELETED>    (3) the Federal permitting process has been 
        identified as an impediment to mineral production and the 
        mineral security of the United States.</DELETED>
<DELETED>    (b) Performance Improvements.--To improve the quality and 
timeliness of decisions, the Secretary (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) establishing clear, quantifiable, and temporal 
        permitting performance goals and tracking progress against 
        those goals;</DELETED>
        <DELETED>    (3) engaging in early collaboration among 
        agencies, project sponsors, and affected stakeholders--
        </DELETED>
                <DELETED>    (A) to incorporate and address the 
                interests of those parties; and</DELETED>
                <DELETED>    (B) to minimize delays;</DELETED>
        <DELETED>    (4) ensuring transparency and accountability by 
        using cost-effective information technology to collect and 
        disseminate information regarding individual projects and 
        agency performance;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) providing demonstrable improvements in the 
        performance of Federal permitting and review processes, 
        including lower costs and more timely decisions;</DELETED>
        <DELETED>    (7) expanding and institutionalizing permitting 
        and review process improvements that have proven 
        effective;</DELETED>
        <DELETED>    (8) developing mechanisms to better communicate 
        priorities and resolve disputes among agencies at the national, 
        regional, State, and local levels; and</DELETED>
        <DELETED>    (9) developing other practices, such as 
        preapplication procedures.</DELETED>
<DELETED>    (c) 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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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 (d); 
        and</DELETED>
        <DELETED>    (4) describes actions carried out pursuant to 
        subsection (b).</DELETED>
<DELETED>    (d) Performance Metric.--Not later than 90 days after the 
date of submission of the report under subsection (c), 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.</DELETED>
<DELETED>    (e) 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 (d), and annually thereafter, the Secretaries shall submit 
to Congress a report that--</DELETED>
        <DELETED>    (1) summarizes the implementation of 
        recommendations, measures, and options identified in paragraphs 
        (1) and (2) of subsection (c);</DELETED>
        <DELETED>    (2) using the performance metric under subsection 
        (d), describes progress made by the executive branch, as 
        compared to the baseline established pursuant to subsection 
        (c)(3), on expediting the permitting of activities that will 
        increase exploration for, and development of, domestic critical 
        minerals; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Individual Projects.--Using data from the Secretaries 
generated under subsection (e), the Director of the Office of 
Management and Budget shall prioritize inclusion of individual critical 
mineral projects on the website operated by the Office of Management 
and Budget in accordance with section 1122 of title 31, United States 
Code.</DELETED>
<DELETED>    (g) 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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) performing an analysis of regulations 
        applicable to the critical minerals industry that may be 
        outmoded, inefficient, duplicative, or excessively 
        burdensome.</DELETED>
<DELETED>    (h) Application.--Section 41001(6)(A) of the FAST Act (42 
U.S.C. 4370m(6)(A)) is amended in the matter preceding clause (i) by 
inserting ``(including critical mineral manufacturing (as defined in 
section 2 of the American Mineral Security Act))'' after 
``manufacturing''.</DELETED>

<DELETED>SEC. 7. FEDERAL REGISTER PROCESS.</DELETED>

<DELETED>    (a) Departmental Review.--Absent any extraordinary 
circumstance, and except as otherwise required by law, the Secretary 
and the Secretary of Agriculture shall ensure that each Federal 
Register notice described in subsection (b) shall be--</DELETED>
        <DELETED>    (1) subject to any required reviews within the 
        Department of the Interior or the Department of Agriculture; 
        and</DELETED>
        <DELETED>    (2) published in final form in the Federal 
        Register not later than 45 days after the date of initial 
        preparation of the notice.</DELETED>
<DELETED>    (b) 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.</DELETED>
<DELETED>    (c) 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--</DELETED>
        <DELETED>    (1) the documents or meetings are held; 
        or</DELETED>
        <DELETED>    (2) the activity is initiated.</DELETED>

<DELETED>SEC. 8. RECYCLING, EFFICIENCY, AND ALTERNATIVES.</DELETED>

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

<DELETED>SEC. 9. ANALYSIS AND FORECASTING.</DELETED>

<DELETED>    (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 Secretary, 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--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the quantity of each critical mineral 
                domestically produced during the preceding 
                year;</DELETED>
                <DELETED>    (B) the quantity of each critical mineral 
                domestically consumed during the preceding 
                year;</DELETED>
                <DELETED>    (C) market price data or other price data 
                for each critical mineral;</DELETED>
                <DELETED>    (D) an assessment of--</DELETED>
                        <DELETED>    (i) critical mineral requirements 
                        to meet the national security, energy, 
                        economic, industrial, technological, and other 
                        needs of the United States during the preceding 
                        year;</DELETED>
                        <DELETED>    (ii) the reliance of the United 
                        States on foreign sources to meet those needs 
                        during the preceding year; and</DELETED>
                        <DELETED>    (iii) the implications of any 
                        supply shortages, restrictions, or disruptions 
                        during the preceding year;</DELETED>
                <DELETED>    (E) the quantity of each critical mineral 
                domestically recycled during the preceding 
                year;</DELETED>
                <DELETED>    (F) the market penetration during the 
                preceding year of alternatives to each critical 
                mineral;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (H) such other data, analyses, and 
                evaluations as the Secretary finds are necessary to 
                achieve the purposes of this section; and</DELETED>
        <DELETED>    (2) a comprehensive forecast, entitled the 
        ``Annual Critical Minerals Outlook'', of projected critical 
        mineral production, consumption, and recycling patterns, 
        including--</DELETED>
                <DELETED>    (A) the quantity of each critical mineral 
                projected to be domestically produced over the 
                subsequent 1-year, 5-year, and 10-year 
                periods;</DELETED>
                <DELETED>    (B) the quantity of each critical mineral 
                projected to be domestically consumed over the 
                subsequent 1-year, 5-year, and 10-year 
                periods;</DELETED>
                <DELETED>    (C) an assessment of--</DELETED>
                        <DELETED>    (i) critical mineral requirements 
                        to meet projected national security, energy, 
                        economic, industrial, technological, and other 
                        needs of the United States;</DELETED>
                        <DELETED>    (ii) the projected reliance of the 
                        United States on foreign sources to meet those 
                        needs; and</DELETED>
                        <DELETED>    (iii) the projected implications 
                        of potential supply shortages, restrictions, or 
                        disruptions;</DELETED>
                <DELETED>    (D) the quantity of each critical mineral 
                projected to be domestically recycled over the 
                subsequent 1-year, 5-year, and 10-year 
                periods;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (G) such other projections relating to 
                each critical mineral as the Secretary determines to be 
                necessary to achieve the purposes of this 
                section.</DELETED>
<DELETED>    (b) Proprietary Information.--In preparing a report 
described in subsection (a), the Secretary 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--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) procedures are established to require the 
        withholding of any information or data collected for the report 
        if the Secretary determines that withholding is necessary to 
        protect proprietary information, including any trade secrets or 
        other confidential information.</DELETED>

<DELETED>SEC. 10. EDUCATION AND WORKFORCE.</DELETED>

<DELETED>    (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 Secretary, the Director of the National 
Science Foundation, institutions of higher education with substantial 
expertise in mining, institutions of higher education with significant 
expertise in minerals research, including fundamental research into 
alternatives, 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--</DELETED>
        <DELETED>    (1) skills that are in the shortest supply as of 
        the date of the assessment;</DELETED>
        <DELETED>    (2) skills that are projected to be in short 
        supply in the future;</DELETED>
        <DELETED>    (3) the demographics of the critical minerals 
        industry and how the demographics will evolve under the 
        influence of factors such as an aging workforce;</DELETED>
        <DELETED>    (4) the effectiveness of training and education 
        programs in addressing skills shortages;</DELETED>
        <DELETED>    (5) opportunities to hire locally for new and 
        existing critical mineral activities;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (7) the potential need for new training programs 
        to have a measurable effect on the supply of trained workers in 
        the critical minerals industry.</DELETED>
<DELETED>    (b) Curriculum Study.--</DELETED>
        <DELETED>    (1) In general.--The Secretary 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--</DELETED>
                <DELETED>    (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, 
                research, including fundamental research into 
                alternatives, and recycling;</DELETED>
                <DELETED>    (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, research, 
                including fundamental research into alternatives, and 
                recycling;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (2) Report.--Not later than 2 years after the date 
        of enactment of this Act, the Secretary shall submit to 
        Congress a description of the results of the study required 
        under paragraph (1).</DELETED>
<DELETED>    (c) Program.--</DELETED>
        <DELETED>    (1) Establishment.--The Secretary 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--</DELETED>
                <DELETED>    (A) startup costs for newly designated 
                faculty positions in integrated critical mineral 
                education, research, innovation, training, and 
                workforce development programs consistent with 
                subsection (b);</DELETED>
                <DELETED>    (B) internships, scholarships, and 
                fellowships for students enrolled in programs related 
                to critical minerals;</DELETED>
                <DELETED>    (C) equipment necessary for integrated 
                critical mineral innovation, training, and workforce 
                development programs; and</DELETED>
                <DELETED>    (D) research of critical minerals and 
                their applications, particularly concerning the 
                manufacture of critical components vital to national 
                security.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 11. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION 
              PROGRAM.</DELETED>

<DELETED>    Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(k)) is amended by striking ``$30,000,000 for each of fiscal years 
2006 through 2010'' and inserting ``$5,000,000 for each of fiscal years 
2020 through 2029, to remain available until expended''.</DELETED>

<DELETED>SEC. 12. ADMINISTRATION.</DELETED>

<DELETED>    (a) In General.--The National Critical Materials Act of 
1984 (30 U.S.C. 1801 et seq.) is repealed.</DELETED>
<DELETED>    (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.),''.</DELETED>
<DELETED>    (c) Savings Clauses.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act or an 
        amendment made by this Act modifies any requirement or 
        authority provided by--</DELETED>
                <DELETED>    (A) the matter under the heading 
                ``geological survey'' of the first section of the Act 
                of March 3, 1879 (43 U.S.C. 31(a)); or</DELETED>
                <DELETED>    (B) the first section of Public Law 87-626 
                (43 U.S.C. 31(b)).</DELETED>
        <DELETED>    (2) Effect on department of defense.--Nothing in 
        this Act or an amendment made by this Act affects the authority 
        of the Secretary of Defense with respect to the work of the 
        Department of Defense on critical material supplies in 
        furtherance of the national defense mission of the Department 
        of Defense.</DELETED>
        <DELETED>    (3) Secretarial order not affected.--This Act 
        shall not apply to any mineral described in Secretarial Order 
        No. 3324, issued by the Secretary of the Interior on December 
        3, 2012, in any area to which the order applies.</DELETED>

<DELETED>SEC. 13. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated to carry out this 
Act $50,000,000 for each of fiscal years 2020 through 2029.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                   TITLE I--AMERICAN MINERAL SECURITY

Sec. 101. Definitions.
Sec. 102. Policy.
Sec. 103. Critical mineral designations.
Sec. 104. Resource assessment.
Sec. 105. Permitting.
Sec. 106. Federal Register process.
Sec. 107. Recycling, efficiency, and alternatives.
Sec. 108. Analysis and forecasting.
Sec. 109. Education and workforce.
Sec. 110. National geological and geophysical data preservation 
                            program.
Sec. 111. Administration.
Sec. 112. Authorization of appropriations.

        TITLE II--RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES

Sec. 201. Program for extraction and recovery of rare earth elements 
                            and minerals from coal and coal byproducts.
Sec. 202. Report.

                   TITLE I--AMERICAN MINERAL SECURITY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Byproduct.--The term ``byproduct'' means a critical 
        mineral--
                    (A) the recovery of which depends on the production 
                of a host mineral that is not designated as a critical 
                mineral; and
                    (B) that exists in sufficient quantities to be 
                recovered during processing or refining.
            (2) Critical mineral.--
                    (A) In general.--The term ``critical mineral'' 
                means any mineral, element, substance, or material 
                designated as critical by the Secretary under section 
                103.
                    (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.
            (3) Critical mineral manufacturing.--The term ``critical 
        mineral manufacturing'' means--
                    (A) the exploration, development, mining, 
                production, processing, refining, alloying, separation, 
                concentration, magnetic sintering, melting, or 
                beneficiation of critical 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 critical minerals undertaken within the United 
                States.
            (4) 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. 5304).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) 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.

SEC. 102. 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; and
            (3) by striking paragraph (7) and inserting the following:
            ``(7) facilitate the availability, development, and 
        environmentally responsible production of domestic resources to 
        meet national material or critical mineral needs;
            ``(8) 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 critical mineral 
        manufacturing facilities in accordance with applicable 
        environmental and land management laws;
            ``(9) strengthen--
                    ``(A) educational and research capabilities at not 
                lower than the secondary school level; and
                    ``(B) workforce training for exploration and 
                development of critical minerals and critical mineral 
                manufacturing;
            ``(10) bolster international cooperation through technology 
        transfer, information sharing, and other means;
            ``(11) promote the efficient production, use, and recycling 
        of critical minerals;
            ``(12) develop alternatives to critical minerals; and
            ``(13) 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, element, substance, or material designated as 
        critical by the Secretary under section 103 of the American 
        Mineral Security Act.
            ``(2) Materials.--The term''.

SEC. 103. CRITICAL MINERAL DESIGNATIONS.

    (a) Draft Methodology and List.--The Secretary, acting through the 
Director of the United States Geological Survey (referred to in this 
section as the ``Secretary''), shall publish in the Federal Register 
for public comment--
            (1) a description of the draft methodology used to identify 
        a draft list of critical minerals;
            (2) a draft list of minerals, elements, substances, and 
        materials that qualify as critical minerals; and
            (3) a draft list of critical minerals recovered as 
        byproducts.
    (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 and List.--After reviewing public comments on 
the draft methodology and the draft list of critical minerals published 
under subsection (a) and updating the methodology and list as 
appropriate, not later than 45 days after the date on which the public 
comment period with respect to the draft methodology and draft list 
closes, the Secretary shall publish in the Federal Register--
            (1) a description of the final methodology for determining 
        which minerals, elements, substances, and materials qualify as 
        critical minerals; and
            (2) the final list of critical minerals.
    (d) Designations.--
            (1) In general.--For purposes of carrying out this section, 
        the Secretary shall maintain a list of minerals, elements, 
        substances, and materials designated as critical, pursuant to 
        the final methodology published under subsection (c), that the 
        Secretary determines--
                    (A) are essential to the economic or national 
                security of the United States;
                    (B) the supply chain of which is vulnerable to 
                disruption (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
                    (C) serve an essential function in the 
                manufacturing of a product (including energy 
                technology-, defense-, currency-, agriculture-, 
                consumer electronics-, and health care-related 
                applications), the absence of which would have 
                significant consequences for the economic or national 
                security of the United States.
            (2) Inclusions.--Notwithstanding the criteria under 
        subsection (c), the Secretary may designate and include on the 
        list any mineral, element, substance, or material determined by 
        another Federal agency to be strategic and critical to the 
        defense or national security of the United States.
            (3) Required consultation.--The Secretary shall consult 
        with the Secretaries of Defense, Commerce, Agriculture, and 
        Energy and the United States Trade Representative in 
        designating minerals, elements, substances, and materials as 
        critical under this subsection.
    (e) Subsequent Review.--
            (1) In general.--The Secretary, in consultation with the 
        Secretaries of Defense, Commerce, Agriculture, and Energy and 
        the United States Trade Representative, shall review the 
        methodology and list under subsection (c) and the designations 
        under subsection (d) at least every 3 years, or more frequently 
        as the Secretary considers to be appropriate.
            (2) Revisions.--Subject to subsection (d)(1), the Secretary 
        may--
                    (A) revise the methodology described in this 
                section;
                    (B) determine that minerals, elements, substances, 
                and materials previously determined to be critical 
                minerals are no longer critical minerals; and
                    (C) designate additional minerals, elements, 
                substances, or materials as critical minerals.
    (f) Notice.--On finalization of the methodology and the list under 
subsection (c), or any revision to the methodology or list under 
subsection (e), the Secretary shall submit to Congress written notice 
of the action.

SEC. 104. 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 
Secretary 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 
Secretary may carry out surveys and field work (including drilling, 
remote sensing, geophysical surveys, topographical and geological 
mapping, and geochemical sampling and analysis) to supplement existing 
information and datasets available for determining the existence of 
critical minerals in the United States.
    (c) Public Access.--Subject to applicable law, to the maximum 
extent practicable, the Secretary shall make all data and metadata 
collected from the comprehensive national assessment carried out under 
subsection (a) publically and electronically accessible.
    (d) Technical Assistance.--At the request of the Governor of a 
State or the head of an Indian tribe, the Secretary may provide 
technical assistance to State governments and Indian tribes conducting 
critical mineral resource assessments on non-Federal land.
    (e) Prioritization.--
            (1) In general.--The Secretary 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 103 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 Secretary 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 Secretary 
                sequences the assessments; or
                    (B) describes the progress of the assessments if 
                the Secretary does not sequence the assessments.
    (f) Updates.--The Secretary 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 persons.
    (g) Additional Surveys.--The Secretary shall complete a resource 
assessment for each additional mineral or element subsequently 
designated as a critical mineral under section 103(e)(2) not later than 
2 years after the designation of the mineral or element.
    (h) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary 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 
        2019''; but
            (2) that is not designated as a critical mineral under 
        section 103.

SEC. 105. PERMITTING.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) critical minerals are fundamental to the economy, 
        competitiveness, and security of the United States;
            (2) to the maximum extent practicable, the critical mineral 
        needs of the United States should be satisfied by minerals 
        responsibly produced and recycled in the United States; and
            (3) the Federal permitting process has been identified as 
        an impediment to mineral production and the mineral security of 
        the United States.
    (b) Performance Improvements.--To improve the quality and 
timeliness of decisions, the Secretary (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.
    (c) 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 (d); and
            (4) describes actions carried out pursuant to subsection 
        (b).
    (d) Performance Metric.--Not later than 90 days after the date of 
submission of the report under subsection (c), 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.
    (e) 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 (d), 
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 (c);
            (2) using the performance metric under subsection (d), 
        describes progress made by the executive branch, as compared to 
        the baseline established pursuant to subsection (c)(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.
    (f) Individual Projects.--Using data from the Secretaries generated 
under subsection (e), the Director of the Office of Management and 
Budget shall prioritize inclusion of individual critical mineral 
projects on the website operated by the Office of Management and Budget 
in accordance with section 1122 of title 31, United States Code.
    (g) 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.
    (h) Application.--Section 41001(6)(A) of the FAST Act (42 U.S.C. 
4370m(6)(A)) is amended in the matter preceding clause (i) by inserting 
``(including critical mineral manufacturing (as defined in section 101 
of the American Mineral Security Act))'' after ``manufacturing''.

SEC. 106. FEDERAL REGISTER PROCESS.

    (a) Departmental Review.--Absent any extraordinary circumstance, 
and except as otherwise required by law, the Secretary and the 
Secretary of Agriculture shall ensure that each Federal Register notice 
described in subsection (b) 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.
    (b) 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.
    (c) 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.

SEC. 107. RECYCLING, EFFICIENCY, AND ALTERNATIVES.

    (a) Establishment.--The Secretary of Energy (referred to in this 
section as the ``Secretary'') 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 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 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;
                    (C) technologies for separation and processing; and
                    (D) technologies for increasing the recovery rates 
                of byproducts from host metal ores;
            (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 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 Secretary, 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 Secretary 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 Secretary determines to be 
                necessary to achieve the purposes of this section.
    (b) Proprietary Information.--In preparing a report described in 
subsection (a), the Secretary 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 
        Secretary 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 Secretary, the Director of the National Science 
Foundation, institutions of higher education with substantial expertise 
in mining, institutions of higher education with significant expertise 
in minerals research, including fundamental research into alternatives, 
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 Secretary 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, 
                research, including fundamental research into 
                alternatives, 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, research, 
                including fundamental research into alternatives, 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 Secretary shall submit to Congress a 
        description of the results of the study required under 
        paragraph (1).
    (c) Program.--
            (1) Establishment.--The Secretary 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).

SEC. 110. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION 
              PROGRAM.

    Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 
15908(k)) is amended by striking ``$30,000,000 for each of fiscal years 
2006 through 2010'' and inserting ``$5,000,000 for each of fiscal years 
2020 through 2029, to remain available until expended''.

SEC. 111. ADMINISTRATION.

    (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.),''.
    (c) Savings Clauses.--
            (1) In general.--Nothing in this title or an amendment made 
        by this title modifies any requirement or authority provided 
        by--
                    (A) the matter under the heading ``geological 
                survey'' of the first section of the Act of March 3, 
                1879 (43 U.S.C. 31(a)); or
                    (B) the first section of Public Law 87-626 (43 
                U.S.C. 31(b)).
            (2) Effect on department of defense.--Nothing in this title 
        or an amendment made by this title affects the authority of the 
        Secretary of Defense with respect to the work of the Department 
        of Defense on critical material supplies in furtherance of the 
        national defense mission of the Department of Defense.
            (3) Secretarial order not affected.--This title shall not 
        apply to any mineral described in Secretarial Order No. 3324, 
        issued by the Secretary on December 3, 2012, in any area to 
        which the order applies.
    (d) Application of Certain Provisions.--
            (1) In general.--Sections 105 and 106 shall apply to--
                    (A) an exploration project in which the presence of 
                a byproduct is reasonably expected, based on known 
                mineral companionality, geologic formation, mineralogy, 
                or other factors; and
                    (B) a project that demonstrates that the byproduct 
                is of sufficient grade that, when combined with the 
                production of a host mineral, the byproduct is economic 
                to recover, as determined by the applicable Secretary 
                in accordance with paragraph (2).
            (2) Requirement.--In making the determination under 
        paragraph (1)(B), the applicable Secretary shall consider the 
        cost effectiveness of the byproducts recovery.

SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$50,000,000 for each of fiscal years 2020 through 2029.

        TITLE II--RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES

SEC. 201. PROGRAM FOR EXTRACTION AND RECOVERY OF RARE EARTH ELEMENTS 
              AND MINERALS FROM COAL AND COAL BYPRODUCTS.

    (a) In General.--The Secretary of Energy, acting through the 
Assistant Secretary for Fossil Energy (referred to in this title as the 
``Secretary''), shall carry out a program under which the Secretary 
shall develop advanced separation technologies for the extraction and 
recovery of rare earth elements and minerals from coal and coal 
byproducts.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the program described in 
subsection (a) $23,000,000 for each of fiscal years 2020 through 2027.

SEC. 202. REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Energy and Commerce of the House of 
Representatives a report evaluating the development of advanced 
separation technologies for the extraction and recovery of rare earth 
elements and minerals from coal and coal byproducts, including acid 
mine drainage from coal mines.
                                                       Calendar No. 251

116th CONGRESS

  1st Session

                                S. 1317

                          [Report No. 116-131]

_______________________________________________________________________

                                 A BILL

   To facilitate the availability, development, and environmentally 
responsible production of domestic resources to meet national material 
           or critical mineral needs, and for other purposes.

_______________________________________________________________________

                            October 22, 2019

                       Reported with an amendment