[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3487-S3491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2029. Mr. RISCH (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title XXXI, add the following:
SEC. 3168. MINERAL SECURITY.
(a) Definitions.--In this section:
(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 subsection (c).
(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) 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).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
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(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
(b) Policy.--
(1) 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--
(A) 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;'';
(B) in paragraph (6), by striking ``and'' after the
semicolon at the end; and
(C) 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.''.
(2) 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 3168(c) of the
National Defense Authorization Act for Fiscal Year 2021.
``(2) Materials.--The term''.
(c) Critical Mineral Designations.--
(1) Draft methodology and list.--The Secretary, acting
through the Director of the United States Geological Survey
(referred to in this subsection as the ``Secretary''), shall
publish in the Federal Register for public comment--
(A) a description of the draft methodology used to identify
a draft list of critical minerals;
(B) a draft list of minerals, elements, substances, and
materials that qualify as critical minerals; and
(C) a draft list of critical minerals recovered as
byproducts.
(2) Availability of data.--If available data is
insufficient to provide a quantitative basis for the
methodology developed under this subsection, qualitative
evidence may be used to the extent necessary.
(3) Final methodology and list.--After reviewing public
comments on the draft methodology and the draft lists
published under paragraph (1) and updating the methodology
and lists as appropriate, not later than 45 days after the
date on which the public comment period with respect to the
draft methodology and draft lists closes, the Secretary shall
publish in the Federal Register--
(A) a description of the final methodology for determining
which minerals, elements, substances, and materials qualify
as critical minerals;
(B) the final list of critical minerals; and
(C) the final list of critical minerals recovered as
byproducts.
(4) Designations.--
(A) In general.--For purposes of carrying out this
subsection, the Secretary shall maintain a list of minerals,
elements, substances, and materials designated as critical,
pursuant to the final methodology published under paragraph
(3), that the Secretary determines--
(i) are essential to the economic or national security of
the United States;
(ii) 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
(iii) 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.
(B) Inclusions.--Notwithstanding the criteria under
paragraph (3), 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.
(C) 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 paragraph.
(5) Subsequent review.--
(A) 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 paragraph (3) and the designations
under paragraph (4) at least every 3 years, or more
frequently as the Secretary considers to be appropriate.
(B) Revisions.--Subject to paragraph (4)(A), the Secretary
may--
(i) revise the methodology described in this subsection;
(ii) determine that minerals, elements, substances, and
materials previously determined to be critical minerals are
no longer critical minerals; and
(iii) designate additional minerals, elements, substances,
or materials as critical minerals.
(6) Notice.--On finalization of the methodology and the
list under paragraph (3), or any revision to the methodology
or list under paragraph (5), the Secretary shall submit to
Congress written notice of the action.
(d) Resource Assessment.--
(1) 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 (acting through the
Director of the United States Geological Survey) or a
designee of the Secretary, shall complete a comprehensive
national assessment of each critical mineral that--
(A) identifies and quantifies known critical mineral
resources, using all available public and private information
and datasets, including exploration histories; and
(B) 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.
(2) Supplementary information.--In carrying out this
subsection, 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.
(3) 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 paragraph (1) publically and
electronically accessible.
(4) 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.
(5) Prioritization.--
(A) 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 subsection (c) are completed
first.
(B) 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 subsection, the Secretary shall submit to Congress
on an annual basis an interim report that--
(i) identifies the sequence and schedule for completion of
the assessments if the Secretary sequences the assessments;
or
(ii) describes the progress of the assessments if the
Secretary does not sequence the assessments.
(6) Updates.--The Secretary may periodically update the
assessments conducted under this subsection based on--
(A) the generation of new information or datasets by the
Federal Government; or
(B) the receipt of new information or datasets from
critical mineral producers, State geological surveys,
academic institutions, trade associations, or other persons.
(7) Additional surveys.--The Secretary shall complete a
resource assessment for each additional mineral or element
subsequently designated as a critical mineral under
subsection (c)(5)(B) not later than 2 years after the
designation of the mineral or element.
(8) 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--
(A)(i) 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
2020''; but
(ii) that is not designated as a critical mineral under
subsection (c); and
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(B) that is determined by the Secretary, in coordination
with the Secretary of Defense, to have significant strategic
value to the United States for national security, defense, or
advanced technology purposes.
(e) Permitting.--
(1) Sense of congress.--It is the sense of Congress that--
(A) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(B) 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
(C) the Federal permitting process has been identified as
an impediment to mineral production and the mineral security
of the United States.
(2) 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 subsection 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--
(A) 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;
(B) establishing clear, quantifiable, and temporal
permitting performance goals and tracking progress against
those goals;
(C) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders--
(i) to incorporate and address the interests of those
parties; and
(ii) to minimize delays;
(D) ensuring transparency and accountability by using cost-
effective information technology to collect and disseminate
information regarding individual projects and agency
performance;
(E) 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;
(F) providing demonstrable improvements in the performance
of Federal permitting and review processes, including lower
costs and more timely decisions;
(G) expanding and institutionalizing permitting and review
process improvements that have proven effective;
(H) developing mechanisms to better communicate priorities
and resolve disputes among agencies at the national,
regional, State, and local levels; and
(I) developing other practices, such as preapplication
procedures.
(3) 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--
(A) 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;
(B) 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;
(C) 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 paragraph (4);
and
(D) describes actions carried out pursuant to paragraph
(2).
(4) Performance metric.--Not later than 90 days after the
date of submission of the report under paragraph (3), 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.
(5) 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 paragraph (4), and annually thereafter,
the Secretaries shall submit to Congress a report that--
(A) summarizes the implementation of recommendations,
measures, and options identified in subparagraphs (A) and (B)
of paragraph (3);
(B) using the performance metric under paragraph (4),
describes progress made by the executive branch, as compared
to the baseline established pursuant to paragraph (3)(C), on
expediting the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals; and
(C) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to
the globally competitive critical minerals industry.
(6) Individual projects.--Using data from the Secretaries
generated under paragraph (5), 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.
(7) 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--
(A) 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
(B) performing an analysis of regulations applicable to the
critical minerals industry that may be outmoded, inefficient,
duplicative, or excessively burdensome.
(f) Federal Register Process.--
(1) 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 paragraph (2) shall
be--
(A) subject to any required reviews within the Department
of the Interior or the Department of Agriculture; and
(B) published in final form in the Federal Register not
later than 45 days after the date of initial preparation of
the notice.
(2) 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.
(3) 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--
(A) the documents or meetings are held; or
(B) the activity is initiated.
(g) Recycling, Efficiency, and Alternatives.--
(1) Establishment.--The Secretary of Energy and the
Secretary of Defense (referred to in this subsection as the
``Secretaries''), shall conduct a program of research and
development--
(A) to promote the efficient production, use, and recycling
of critical minerals throughout the supply chain; and
(B) to develop alternatives to critical minerals that do
not occur in significant abundance in the United States.
(2) Cooperation.--In carrying out the program, the
Secretaries shall cooperate with appropriate--
(A) Federal agencies and National Laboratories;
(B) critical mineral producers;
(C) critical mineral processors;
(D) critical mineral manufacturers;
(E) trade associations;
(F) academic institutions;
(G) small businesses; and
(H) other relevant entities or individuals.
(3) Activities.--Under the program, the Secretaries shall
carry out activities that include the identification and
development of--
(A) advanced critical mineral extraction, production,
separation, alloying, or processing technologies that
decrease the energy consumption, environmental impact, and
costs of those activities, including--
(i) efficient water and wastewater management strategies;
(ii) technologies and management strategies to control the
environmental impacts of radionuclides in ore tailings;
(iii) technologies for separation and processing; and
(iv) technologies for increasing the recovery rates of
byproducts from host metal ores;
(B) technologies or process improvements that minimize the
use, or lead to more efficient use, of critical minerals
across the full supply chain;
(C) 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;
(D) commercial markets, advanced storage methods, energy
applications, and other beneficial uses of critical minerals
processing byproducts;
(E) 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
(F) alternative energy technologies or alternative designs
of existing energy technologies, particularly those that use
minerals that--
(i) occur in abundance in the United States; and
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(ii) are not subject to potential supply restrictions.
(4) Reports.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the
Secretaries shall submit to Congress a report summarizing the
activities, findings, and progress of the program.
(h) Analysis and Forecasting.--
(1) 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 (acting through the Director of the United States
Geological Survey) or a designee of the Secretary, in
consultation with the Secretary of Defense, 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--
(A) 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--
(i) the quantity of each critical mineral domestically
produced during the preceding year;
(ii) the quantity of each critical mineral domestically
consumed during the preceding year;
(iii) market price data or other price data for each
critical mineral;
(iv) 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;
(v) the quantity of each critical mineral domestically
recycled during the preceding year;
(vi) the market penetration during the preceding year of
alternatives to each critical mineral;
(vii) 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
(viii) such other data, analyses, and evaluations as the
Secretary finds are necessary to achieve the purposes of this
subsection; and
(B) a comprehensive forecast, entitled the ``Annual
Critical Minerals Outlook'', of projected critical mineral
production, consumption, and recycling patterns, including--
(i) the quantity of each critical mineral projected to be
domestically produced over the subsequent 1-year, 5-year, and
10-year periods;
(ii) the quantity of each critical mineral projected to be
domestically consumed over the subsequent 1-year, 5-year, and
10-year periods;
(iii) 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;
(iv) the quantity of each critical mineral projected to be
domestically recycled over the subsequent 1-year, 5-year, and
10-year periods;
(v) the market penetration of alternatives to each critical
mineral projected to take place over the subsequent 1-year,
5-year, and 10-year periods;
(vi) 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
(vii) such other projections relating to each critical
mineral as the Secretary determines to be necessary to
achieve the purposes of this subsection.
(2) Proprietary information.--In preparing a report
described in paragraph (1), 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--
(A) 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;
(B) 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
(C) 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.
(i) Education and Workforce.--
(1) 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--
(A) skills that are in the shortest supply as of the date
of the assessment;
(B) skills that are projected to be in short supply in the
future;
(C) the demographics of the critical minerals industry and
how the demographics will evolve under the influence of
factors such as an aging workforce;
(D) the effectiveness of training and education programs in
addressing skills shortages;
(E) opportunities to hire locally for new and existing
critical mineral activities;
(F) 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
(G) the potential need for new training programs to have a
measurable effect on the supply of trained workers in the
critical minerals industry.
(2) Curriculum study.--
(A) 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--
(i) 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;
(ii) 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;
(iii) 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
(iv) 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
paragraph (3).
(B) 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
subparagraph (A).
(3) Program.--
(A) 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--
(i) startup costs for newly designated faculty positions in
integrated critical mineral education, research, innovation,
training, and workforce development programs consistent with
paragraph (2);
(ii) internships, scholarships, and fellowships for
students enrolled in programs related to critical minerals;
(iii) equipment necessary for integrated critical mineral
innovation, training, and workforce development programs; and
(iv) research of critical minerals and their applications,
particularly concerning the manufacture of critical
components vital to national security.
(B) Renewal.--A grant under this paragraph shall be
renewable for up to 2 additional 3-year terms based on
performance criteria outlined under paragraph (2)(A)(iv).
(j) 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 2021 through 2030, to
remain available until expended''.
(k) Administration.--
(1) In general.--The National Critical Materials Act of
1984 (30 U.S.C. 1801 et seq.) is repealed.
(2) 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
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Materials Council as specified in the National Critical
Materials Act of 1984 (30 U.S.C. 1801 et seq.),''.
(3) Savings clauses.--
(A) In general.--Nothing in this section or an amendment
made by this section modifies any requirement or authority
provided by--
(i) 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
(ii) the first section of Public Law 87-626 (43 U.S.C.
31(b)).
(B) Effect on department of defense.--Nothing in this
section or an amendment made by this section 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.
(C) Secretarial order not affected.--This section 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.
(4) Application of certain provisions.--
(A) In general.--Subsections (e) and (f) shall apply to--
(i) 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
(ii) 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
subparagraph (B).
(B) Requirement.--In making the determination under
subparagraph (A)(ii), the applicable Secretary shall consider
the cost effectiveness of the byproducts recovery.
(l) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2021 through 2030.
SEC. 3169. RARE EARTH ELEMENT ADVANCED COAL TECHNOLOGIES.
(a) Program for Extraction and Recovery of Rare Earth
Elements and Minerals From Coal and Coal Byproducts.--
(1) In general.--The Secretary of Energy, acting through
the Assistant Secretary for Fossil Energy (referred to in
this section 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.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
described in paragraph (1) $23,000,000 for each of fiscal
years 2021 through 2028.
(b) 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.
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