[Senate Report 116-131]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 251
116th Congress }                                               { Report
                                 SENATE
 1st Session   }                                               { 116-131

======================================================================



 
                     AMERICAN MINERAL SECURITY ACT

                                _______
                                

                October 22, 2019.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1317]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1317) to facilitate the availability, 
development, and environmentally responsible production of 
domestic resources to meet national material or critical 
mineral needs, and for other purposes, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill, as 
amended, do pass.

                               Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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.

                                Purpose

    The purpose of S. 1317 is to facilitate the availability, 
development, and environmentally responsible production of 
domestic resources to meet national material or critical 
mineral needs.

                          Background and Need

    The economic health and national security of the United 
States depend on a reliable supply of ``critical minerals.'' 
Critical minerals are defined by Executive Order 13817 as ``(i) 
a non-fuel mineral or mineral material essential to the 
economic and national security of the United States, (ii) the 
supply chain of which is vulnerable to disruption, and (iii) 
that serves an essential function in the manufacturing of a 
product, the absence of which would have significant 
consequences for our economy or our national security.'' Over 
the past six decades the United States has become increasingly 
dependent on foreign sources for critical minerals. These 
critical minerals have increasing application in the defense, 
energy, healthcare, manufacturing, technology, transportation, 
and other domestic sectors. They are essential components for 
semiconductors, solar panels, smart phones, batteries, 
vehicles, satellites, and military systems. The United States 
possesses vast mineral resources, including reserves of some 
critical minerals, but produces a small fraction of these 
mineral commodities, in part, because of economic and 
regulatory hurdles to production including the federal 
permitting process. In 2018, China, followed by Canada, were 
the two major import sources for nonfuel mineral commodities 
for which the United States was more than 50% import reliant.
    The United States' mineral import dependency and the 
concentration of mineral supply from certain countries are 
broadly recognized as growing threats to economic growth, 
competitiveness, and national security. The resulting price and 
supply chain volatility has prompted a greater focus on 
policies related to mineral security and critical minerals that 
are important in use, susceptible to supply disruption, and for 
which no substitutes are readily available.
    According to the National Energy Technology Lab (NETL), 
acid mine drainage sludge in West Virginia and Pennsylvania 
represent approximately 610 to 2,700 tons of rare earth 
elements designated as critical minerals per year. Since 2010, 
NETL has been examining the concept of extracting these rare 
earth elements from coal and coal byproducts through 
Congressional appropriations but without a formal 
authorization.
    Recognizing that America's foreign mineral dependence 
creates a critical vulnerability to economic growth and 
national security, S. 1317 would address the entire mineral 
supply chain by requiring the Secretary to conduct resources 
assessments, identify and update the critical minerals list, 
streamline the permitting process for critical minerals, 
provide programs to develop a strong minerals workforce, and 
encourage the recycling of minerals. The bill would also 
formally authorize a program at the Department of Energy to 
develop advanced separation technologies to extract and recover 
rare earth elements (REE) from coal and coal byproducts.

                          Legislative History

    S. 1317 was introduced by Senator Murkowski, with Senators 
Manchin, McSally, and Sullivan as original cosponsors on May 2, 
2019. Senators Barrasso, Capito, Cramer, Crapo, Daines, Jones, 
Risch, and Tillis were later added as cosponsors. The Committee 
on Energy and Natural Resources held a hearing on S. 1317 on 
May 14, 2019.
    In the 115th Congress, S. 1460, the Energy and Natural 
Resources Act, was introduced by Senators Murkowski and 
Cantwell on June 28, 2017. S. 1460 was placed directly on the 
Senate calendar pursuant to Rule XIV of the Standing Rules of 
the Senate. S. 1460 included similar provisions to those 
included in S. 1317.
    In the 114th Congress, S. 883, the American Mineral 
Security Act, was introduced by Senator Murkowski on March 26, 
2015. The Committee on Energy and Natural Resources held a 
hearing on S. 883 on May 12, 2015 (S. Hrg. 114-141). S. 883 was 
incorporated into S. 2012, the Energy Policy Modernization Act, 
which was reported by the Committee on Energy and Natural 
Resources by a vote of 18-4 on September 9, 2015. S. 2012 
passed the Senate by a vote of 85-12 on April 20, 2016.
    The Senate Committee on Energy and Natural Resources met in 
an open business session on July 16, 2019, and ordered S. 1317 
favorably reported, as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 16, 2019, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1317, if amended as described herein. Senators Lee, Wyden, 
Cantwell, Stabenow, Heinrich, Hirono, and King asked to be 
recorded as voting no.

                          Committee Amendment

    During its consideration of S. 1317, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment adds the text of the Rare Earth Element Advanced Coal 
Technologies Act (S. 1052), as separately reported by the 
Committee (S. Rept. 116-74) to S. 1317, and reorganizes the 
bill into two titles: Title I, American Mineral Security (which 
contains the text of S. 1317), and Title II, Rare Earth Element 
Advanced Coal Technologies (which contains the text of S. 
1052). The substitute also renumbers the sections and makes 
several amendments to the text of the following sections (as 
renumbered):
    Section 101(1) is amended to add a new definition for 
``byproduct.''
    Section 103(a) is amended to require the Director of the 
U.S. Geological Survey (USGS) to publish a draft list of 
critical minerals that are recovered as byproducts, in addition 
to the draft methodology and list of critical minerals.
    Section 107(c)(1), which authorizes research and 
development activities that the Department of Energy (DOE) can 
undertake, is amended to add a new subsection (c)(1)(D), which 
authorizes DOE to identify and develop technologies to increase 
the recovery rates from host metal ores.
    Section 111 is amended to add a new subsection (d), which 
makes clear that sections 105 and 106 of this legislation shall 
also apply to projects that demonstrate that they have a 
byproduct that is of a high enough grade to economically 
recover when combined with the production of a host metal.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 contains the short title and table of contents.

                   TITLE I--AMERICAN MINERAL SECURITY

Sec. 101. Definitions

    Section 101 provides key definitions for title I.

Sec. 102. Policy

    Section 102(a) amends section 3 of the National Materials 
and Minerals Policy, Research and Development Act of 1980 to 
modernize the congressional declaration of policy.
    Subsection (b) contains a conforming amendment to add the 
definition for ``critical mineral''.

Sec. 103. Critical mineral designations

    Section 103(a) requires the Secretary of the Interior, 
acting through the Director of the USGS, to publish a draft 
methodology for the designation of critical minerals, a draft 
list of critical minerals, and a draft list of critical 
minerals recovered as byproducts in the Federal Register for a 
public comment.
    Subsection (b) authorizes the Secretary to use qualitative 
data to develop the methodology if there is not sufficient 
quantitative data.
    Subsection (c) directs the Secretary to finalize the 
methodology and list and publish them in the Federal Register 
within 45 days of the public comment period closing.
    Subsection (d) requires the Secretary, in consultation with 
the Secretaries of Defense, Commerce, Agriculture, and Energy, 
and the U.S. Trade Representative, to designate and maintain a 
list of critical minerals that are (1) essential to the United 
States; (2) vulnerable to a supply disruption; and (3) serve an 
essential function in the manufacturing of a product.
    Subsection (e) requires the methodology, list, and 
designations to be reviewed and updated at least every three 
years.
    Subsection (f) directs the Secretary to provide written 
notice to Congress once the methodology and list are finalized, 
and anytime there is a revision to the methodology or list.

Sec. 104. Resource assessment

    Section 104(a) requires the Secretary, in consultation with 
State geological surveys, within four years of enactment, to 
identify and quantify critical mineral resources throughout the 
United States, and to provide a quantitative and qualitative 
assessment of undiscovered domestic critical mineral resources.
    Subsection (b) authorizes the Secretary to conduct 
additional surveys to supplement the assessments, including 
through geophysical surveys, and topographical and geological 
mapping.
    Subsection (c) requires the Secretary to make any data 
collected for the assessment public, subject to all applicable 
laws.
    Subsection (d) authorizes the Secretary to provide 
technical assistance to Indian tribes and states, if requested.
    Subsection (e) authorizes the Secretary to prioritize 
assessments for minerals that are deemed to be the most 
critical, and requires the submission of annual reports to 
provide a status update on the completion of the assessments.
    Subsection (f) authorizes the Secretary to update the 
assessments if new information becomes available.
    Subsection (g) requires the Secretary to conduct 
assessments of any critical mineral that is added to the list 
within two years of its addition.
    Subsection (h) requires the Secretary to submit a report to 
Congress within two years of enactment that provides an update 
on the status of geological surveying for minerals that the 
United States has greater than a 25 percent foreign dependence 
and are not designated as a critical mineral.

Sec. 105. Permitting

    Section 105(a) provides a Sense of Congress that: (1) 
critical minerals are fundamental to the economy, 
competitiveness, and security of the United States; (2) 
domestic sources of critical minerals should be used to satisfy 
the United States' critical minerals demand; and (3) that 
Federal permitting process has impeded domestic minerals 
production and hindered America's mineral security.
    Subsection (b) directs the Secretary, through the Director 
of the Bureau of Land Management, and the Secretary of 
Agriculture, through the Chief of the Forest Service, to the 
maximum extent practical, to complete Federal permits 
efficiently and to establish timelines and performance 
improvement goals to reduce delays in the permitting process.
    Subsection (c) requires the Secretaries to submit a report 
to Congress within one year of enactment that (1) identifies 
additional measures that can be taken to increase the 
timeliness of permitting decisions; (2) identifies options to 
ensure adequate staffing and training to process permits; (3) 
quantifies the amount of time it takes to complete a Federal 
permit, and (4) describes the performance improvements in 
subsection (b).
    Subsection (d) requires the Secretaries, within 90 days of 
submitting the report in subsection (c), to develop and publish 
a performance metric to measure the progress the Federal 
government is making to expedite the permitting process.
    Subsection (e) requires the submission of annual reports to 
Congress that describe the progress made to expedite permits 
that will increase exploration for and development of critical 
mineral resources.
    Subsection (f) requires the Director of the Office of 
Management and Budget to prioritize the inclusion of critical 
minerals on their website.
    Subsection (g) requires the Administrator of the Small 
Business Administration, within 300 days of enactment, to 
submit a report to the Committees of jurisdiction on certain 
regulations affecting the critical minerals industry.
    Subsection (h) adds ``critical mineral manufacturing'' to 
the Federal Infrastructure Projects Permitting Dashboard.

Sec. 106. Federal Register process

    Section 106(a) requires Federal Register notices that are 
issued for a critical minerals exploration or mine permit to be 
published in final form within 45 days of the notice being 
prepared.
    Subsection (b) requires that the notices be prepared at the 
organization level of the agency that is responsible for 
issuing the permit.
    Subsection (c) requires that the notices be transmitted 
from the office in which the documents or meetings are held or 
the activity is initiated.

Sec. 107. Recycling, efficiency, and alternatives

    Section 107(a) directs the Secretary of Energy to establish 
a program of research and development to promote the efficient 
production, use, and recycling of critical minerals throughout 
the supply chain, and to develop alternatives for critical 
minerals that do not occur in significant abundance in the 
United States.
    Subsection (b) directs the Secretary of Energy to work with 
Federal agencies, National Laboratories, critical mineral 
producers, processers, and manufactures, and other stakeholders 
to carry out the program.
    Subsection (c) directs the Secretary of Energy to develop 
advanced critical mineral production technologies, including 
those that more efficiently use or recycle critical minerals.
    Subsection (d) requires the Secretary of Energy to submit a 
report to Congress on the status of the program within two 
years of enactment.

Sec. 108. Analysis and forecasting

    Section 108(a) directs the Secretary, in consultation with 
the Energy Information Administration (EIA) and other 
stakeholders, to develop and maintain analytical tools that 
provide a comprehensive review of critical mineral production, 
consumption, and recycling as a part of the USGS's annual 
Mineral Commodity Summaries report. The subsection further 
requires the Secretary and the EIA to establish one, five, and 
10-year forecasting capability for critical mineral reliance, 
and domestic consumption and production Subsection (b) requires 
the Secretary to protect any proprietary data that is used or 
collected for the forecasts.

Sec. 109. Education and workforce

    Section 109(a) requires the Secretary of Labor, in 
consultation with the Secretary and institutions of higher 
education, to submit a report to Congress within one year and 
300 days of enactment, that analyzes and assesses the supply of 
trained personnel for the critical minerals supply chain.
    Subsection (b) requires the Secretary of Labor, in 
consultation with the Secretary, the National Academy of 
Sciences, and the National Science Foundation to develop 
curriculum for institutions of higher education that will train 
and prepare students for jobs in the critical minerals supply 
chain.
    Subsection (c) requires the Secretary and the Secretary of 
Labor to conduct a competitive grant program that provides 
four-year grants to institutions of higher education that 
support critical minerals education and internships.

Sec. 110. National Geological and Geophysical Data Preservation Program

    Section 110 reauthorizes the National Geological and 
Geophysical Data Preservation Program at $5 million a year for 
each of fiscal years 2020 through 2029.

Sec. 111. Administration

    Section 111(a) repeals the National Critical Materials Act 
of 1984.
    Subsection (b) makes conforming amendments.
    Subsection (c) provides three savings clauses related to 
the effect of the critical minerals bill and the authority of 
the Department of Defense with respect to critical minerals 
work.
    Subsection (d) makes clear that sections 105 and 106 of 
this legislation shall also apply to projects that demonstrate 
that they have a byproduct that is of a high enough grade to 
economically recover when combined with the production of a 
host metal.

Sec. 112. Authorization of appropriations

    Section 112 authorizes $50 million a year for each of 
fiscal years 2020 through 2029 to carry out title I.

        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

    Section 201 requires the Secretary, acting through the 
Assistant Secretary for Fossil Energy, to carry out a program 
to develop advanced separation technologies for the extraction 
and recovery of REEs and minerals from coal and coal 
byproducts.
    Subsection (b) authorizes $23 million for each of fiscal 
years 2020 through 2027.

Sec. 202. Report

    Section 202 directs the Secretary, within one year of 
enactment, to provide a report to the Congressional committees 
of jurisdiction that evaluates the development of advanced 
separation technologies for the extraction and recovery of REEs 
and minerals from coal and coal byproducts.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Title I of S. 1317 would authorize the appropriation of $50 
million annually over the 2020-2029 period for the Department 
of the Interior (DOI), the Department of Energy (DOE), and the 
Department of Labor to implement several new programs related 
to classifying, extracting, and using mineral resources in the 
United States. Title I also would authorize the appropriation 
of $5 million annually over the 2020-2029 period for DOI to 
implement the National Geological and Geophysical Data 
Preservation Program. In 2019, DOI allocated $1.3 million to 
that program.
    Title II of the bill would authorize the appropriation of 
$23 million annually over the 2020-2027 period for DOE to 
develop advanced technologies to extract rare-earth elements 
and minerals from coal and coal byproducts. In 2019, DOE 
allocated $18 million for such activities. The bill also would 
direct DOE to report to the Congress on the development of such 
technologies.
    Based on historical spending patterns for similar 
activities, and assuming appropriation of the authorized 
amounts, CBO estimates that implementing S. 1317 would cost 
$303 million over the 2019-2024 period. The costs of the 
legislation (detailed in Table 1) fall within budget function 
300 (natural resources and environment).

                                    TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1317
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2019   2020   2021   2022   2023   2024   2025   2026   2027   2028   2029  2019-2024  2019-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title I American Mineral Security Estimated Budget:
    Authority........................................      0     55     55     55     55     55     55     55     55     55     55       275        550
    Estimated Outlays................................      0     28     44     55     55     55     55     55     55     55     55       237        512
Title II Rare Earth Element Advanced Coal
 Technologies:
    Estimated Revenues...............................      0     23     23     23     23     23     23     23     23      0      0       115        184
    Estimated Outlays................................      0      3      9     15     18     21     22     22     22     20     13        66        165
    Total Changes:
        Authorization................................      0     78     78     78     78     78     78     78     78     55     55       390        734
        Estimated Outlays............................      0     31     53     70     73     76     77     77     77     75     68       303        677
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On July 24, 2019, CBO transmitted a cost estimate for S. 
1052, the Rare Earth Element Advanced Coal Technologies Act, as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on July 16, 2019. Title II of S. 1317 is similar to 
S. 1052 and CBO's estimated costs of those provisions are the 
same.
    The CBO staff contacts for this estimate are Robert Reese 
and Janani Shankaran. The estimate was reviewed by H. Samuel 
Papenfuss, Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1317. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1317, as ordered reported.

                   Congressionally Directed Spending

    S. 1317, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the May 14, 2019, hearing on S. 1317 follows:

 Statement of Joseph Balash, Assistant Secretary for Land and Minerals 
              Management, U.S. Department of the Interior

    Thank you for the opportunity to testify on the Department 
of the Interior's (Department) development and management of 
critical minerals and on S. 1317, the American Mineral Security 
Act. The bill would require the Department to develop and 
maintain a list of minerals critical to the economic prosperity 
and national security of the United States and to improve the 
process of locating, developing, and using those critical 
minerals. The bill would also require several other agencies--
including the Department of Energy, the Department of Labor, 
the U.S. Forest Service, the National Science Foundation, and 
the Small Business Administration--to track and report on 
efforts to promote improved critical minerals management.
    The Department appreciates the Chairman and the Ranking 
Member's recognition of the great importance of critical 
minerals. We are grateful for the hard work that has been done 
to draft legislation that will help us fulfill the critical 
minerals strategy developed in response to Executive Order 
13817, A Federal Strategy to Ensure Secure and Reliable 
Supplies of Critical Minerals. We look forward to working with 
you on the bill to best achieve these goals and national 
security. The United States is currently 100 percent reliant on 
imports of 14 critical minerals, and over 50 percent import-
reliant on 15 critical minerals.


                   federal critical minerals strategy


    To address this vulnerability, in 2017 the President issued 
Executive Order 13817, A Federal Strategy to Ensure Secure and 
Reliable Supplies of Critical Minerals. This Executive Order 
called on agencies across the Federal Government to develop a 
report that lays out a strategy to reduce the Nation's 
susceptibility to critical mineral supply disruptions. To 
implement the President's order, Secretary Zinke issued 
Secretary's Order 3359, Critical Mineral Independence and 
Security. The Secretary of the Interior, with broad Federal 
interagency input, led development of the critical minerals 
list, which was published in the Federal Register on May 18, 
2018. The list will be updated periodically to reflect current 
data on supply, demand, and concentration of production. The 
list currently includes 35 commodities.
    The critical minerals list forms the foundation of the full 
strategy in the Administration's report under E.O. 13817, which 
is forthcoming. The Department has already committed to a 
number of activities, including expanding geologic mapping 
using cutting edge technology which will be essential to assess 
our critical mineral resource potential. Furthermore, the 
Department is also conducting a review of permitting processes 
on Federal public lands. The Department will be fully engaged 
in implementing the strategy included in the forthcoming 
report, which will require collaboration across the Federal 
government and cooperation with States, Tribes, universities, 
and the private sector.
    In order to ultimately improve the United States' access to 
critical minerals, the USGS and the Bureau of Ocean Energy 
Management (BOEM) will undertake a plan to expand the mapping 
of the United States. The USGS' Earth Mapping Resources 
Initiative (Earth MRI) will leverage the bureau's existing 
relationships with States and the private sector to conduct 
state-of-the-art mapping and airborne geophysical and 
topographic (lidar) surveys. Analyses of these datasets should 
point to potential buried critical mineral deposits. BOEM is 
beginning to focus its efforts on the potential for offshore 
critical mineral interest and development as part of their 
Marine Minerals Program, with an initial focus in Alaska. BOEM 
also proposed initiating a National Offshore Critical Mineral 
Inventory to supplement the work by the USGS and the Bureau of 
Land Management (BLM).
    Additionally, the Administration has made environmentally 
responsible development of all domestic sources of energy a 
priority. Executive Order 13783, Promoting Energy Independence 
and Economic Growth calls upon the Department, and other 
Federal agencies, to increase access to and reduce burdens on 
energy development on public lands. This includes renewable 
energy development--and certain renewable energy technologies, 
especially advanced photovoltaic cells and batteries, which 
rely on critical minerals. Also, increasing access to oil and 
gas development will increase availability of helium, which is 
a byproduct of that development, and is a critical mineral.
    In response to the President's Executive Orders, the 
Department and the BLM have improved environmental reviews and 
permitting authorizations for energy and mineral development. 
One such example is Secretary's Order 3355, Streamlining 
National Environmental Policy Act Reviews and Implementation of 
Executive Order 13807, which provides a number of internal 
Departmental directives to increase efficiency of environmental 
reviews, including setting page and time limit goals on all 
National Environmental Policy Act (NEPA) analysis. Over the 
last ten years, BLM Environmental Impact Statements (EISs) had 
an average preparation time of approximately five years. The 
BLM implemented Secretary's Order 3355 by establishing a new 
12-month approval process for EISs and their associated Federal 
Register notices. The BLM also continues to coordinate with 
elected officials, engage with Tribes, other Federal agencies, 
and the public, to identify additional opportunities to 
streamline planning and NEPA processes at the BLM.


                 s. 1317, american mineral security act


    S. 1317, the American Mineral and Security Act, would 
require the Department to develop and maintain a list of 
minerals critical to the economic prosperity and national 
security of the United States and to improve the process of 
locating, developing and using those critical minerals. The 
bill would also authorize various other agencies to conduct 
activities that would promote critical mineral industry and its 
supply chain. The Department defers to those agencies on the 
provisions that affect them.
Designation & Assessment of Critical Minerals (Secs. 4, 5, 9 & 11)
    The bill (Section 4) authorizes a process by which the USGS 
and other agencies would support the Secretary of the 
Interior's designation of critical minerals. These provisions 
closely align with the Department's successful work to 
designate critical minerals as part of our Federal critical 
minerals strategy. Section 5 of the bill directs the Secretary 
of the Interior to conduct resource assessments of those 
critical minerals, within four years and with an update at two 
years. The Department supports conducting these assessments. As 
part of the Federal critical minerals strategy, the Department 
is directing the USGS and BOEM to assess critical mineral 
resources, including mapping on Federal public lands and 
offshore lands. The Department would like to work with the 
Committee on the timelines for the assessments to align them 
with the Federal strategy. In lieu of completing a four-year 
assessment of all critical minerals, we would recommend instead 
authorizing that at least one national or regional domestic 
multi-commodity critical mineral resource assessment on 
prospective deposit types be delivered every two years. The 
Department also would like to discuss with the Committee 
opportunities to improve our offshore critical minerals 
inventory.
    Under the bill (Section 9), the USGS and the Energy 
Information Agency would be directed to expand current reports 
on mineral commodities to include an annual critical mineral 
forecast and certain other analyses. As part of the Federal 
critical minerals strategy, the Administration will improve 
certain critical mineral reporting, such as the annual USGS 
Mineral Commodity Summaries. The Department looks forward to 
further discussion with the Committee on this section to 
determine appropriate reporting requirements and timeframes, 
particularly for commodity forecasting. Finally, the Department 
supports the bill's (Section 11) reauthorization of the 
National Geologic and Geophysical Data Preservation Program at 
the USGS, which is important in the implementation of the 
Federal critical minerals strategy.
Permitting & Development (Sections 6 & 7)
    The bill (Section 6) directs the Department and the U.S. 
Forest Service (Forest Service) to implement improvements to 
each respective agency's mineral development permitting 
processes for critical minerals. It would also require several 
reports, including an annual report on the progress of 
implementing these permit processing improvements. The bill 
directs the Department and the Forest Service, to the maximum 
extent practicable, to establish and adhere to timelines for 
processing the applications and final decisions for critical 
minerals. It also requires the Department to engage in early 
and active consultation with State, local, and Tribal 
governments to allow for concurrent reviews as a means to 
minimize delays in issuing permits. Under Secretary's Order 
3355, the Department is committed to finding and implementing 
efficiencies in permitting, and this section of the bill aligns 
with these priorities. The Secretary's Order similarly directs 
the BLM to adhere to a schedule for processing environmental 
reviews.
    Under the bill (Section 7), Federal Register notices must 
be published by the offices that issue critical mineral permits 
within 45 days of initial preparation. The Department supports 
the sponsors' goal of expediting permitting processes. We would 
like to continue to work with the sponsors on finding ways to 
help streamline the Department's notification process.
Provisions Affecting Other Agencies
    The Department defers to the Department of Energy, the 
Department of Labor, the National Science Foundation and the 
Small Business Administration on the bill's provisions that 
affect their respective agencies.


                               conclusion


    The Department is committed to promoting domestically 
sourced critical minerals. Doing so will create and sustain 
jobs, promote U.S. technological innovation, and reduce our 
Nation's vulnerability to disruptions in the critical mineral 
supply chain. Thank you for the opportunity to present this 
testimony. I will be glad to answer any questions.
    Executive views on S. 1317 and S. 1052 were requested from 
the Department of Energy, but have not been received. The 
testimony provided by the Department of Energy at the December 
5, 2017, hearing on S. 1563, similar legislation, follows:

  Testimony of Under Secretary Mark Menezes, U.S. Department of Energy


       s. 1563--rare earth element advanced coal technologies act


    It's likely the development of a domestic supply of rare 
earth elements (REEs) that is economically competitive will 
help fuel our nation's economic growth, secure our energy 
independence, and increase our national security. The bill 
appears to authorize $20 million per year from 2018 through 
2025 for the Department of Energy (specifically the Office of 
Fossil Energy) to develop advanced separation technologies for 
the extraction and recovery of REEs and minerals from coal and 
coal byproducts. It appears the bill also requests that DOE, in 
consultation with the Department of Defense, within 1 year 
after date of enactment, submit a report that assesses the 
importance of REEs to the United States, evaluates the 
development of new separation technologies, and analyzes the 
market impact of new technologies. Due to the complexities of 
the research and scope of the report, Congress may want to 
consider extending the due date of the initial assessment.
    The bill appears to acknowledge the current ongoing efforts 
within DOE to advance separation technologies for the recovery 
of REEs. Thus, DOE appreciates the proposed legislation as it 
incorporates its ongoing R&D. DOE is developing technologies 
with the goal of enabling additional domestic supplies of REEs, 
reducing environmental impact of coal and REE production, and 
delivering technologies that can be manufactured within the 
United States. DOE has accomplished much in this area, 
including the evaluation of pilot-scale processing options, and 
the nature and distribution of REEs in U.S. coal deposits.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1317, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                 ARCTIC RESEARCH AND POLICY ACT OF 1984

                           Public Law 98-373


  AN ACT To provide for a comprehensive national policy dealing with 
 national research needs and objectives in the arctic, for a national 
    critical materials council, for development of a continuing and 
  comprehensive national materials policy, for programs necessary to 
carry out that policy, including federal programs of advanced materials 
 research and technology, and for innovation in basic industries, and 
for other purposes

           *       *       *       *       *       *       *


           [TITLE II--NATIONAL CRITICAL MATERIALS ACT OF 1984

                              [SHORT TITLE

    [Sec. 201. This title may be cited as the ``National 
Critical Materials Act of 1984''.

                         [FINDINGS AND PURPOSES

    [Sec. 202. (a) The Congress finds that--
          [(1) the availability of adequate supplies of 
        strategic and critical industrial minerals and 
        materials continues to be essential for national 
        security, economic well-being, and industrial 
        production;
          [(2) the United States is increasingly dependent on 
        foreign sources of materials and vulnerable to supply 
        interruption in the case of many of those minerals and 
        materials essential to the Nation's defense and 
        economic well-being;
          [(3) together with increasing import dependence, the 
        Nation's industrial base, including the capacity to 
        process minerals and materials, is deteriorating--both 
        in terms of facilities and in terms of a trained labor 
        force;
          [(4) research, development, and technological 
        innovation, especially related to improved materials 
        and new processing technologies, are important factors 
        which affect our long-term capability for economic 
        competitiveness, as well as for adjustment to 
        interruptions in supply of critical minerals and 
        materials;
          [(5) while other nations have developed and 
        implemented specific long-term research and technology 
        programs to develop high-performance materials, no such 
        policy and program evolution has occurred in the United 
        States;
          [(6) establishing critical materials reserves, by 
        both the public and private sectors and with proper 
        organization and management, represents one means of 
        responding to the genuine risks to our economy and 
        national defense from dependency on foreign sources;
          [(7) there exists no single Federal entity with the 
        authority and responsibility for establishing critical 
        materials policy and for coordinating and implementing 
        that policy; and
          [(8) the importance of materials to national goals 
        requires an organizational means for establishing 
        responsibilities for materials programs and for the 
        coordination, within and at a suitably high level of 
        the Executive Office of the President, with other 
        existing policies within the Federal Government.
    [(b) It is the purpose of this title--
          [(1) to establish a National Critical Materials 
        Council under and reporting to the Executive Office of 
        the President which shall--
                  [(A) establish responsibilities for and 
                provide for necessary coordination of critical 
                materials policies, including all facets of 
                research and technology, among the various 
                agencies and departments of the Federal 
                Government, and make recommendations for the 
                implementation of such policies;
                  [(B) bring to the attention of the President, 
                the Congress, and the general public such 
                materials issues and concerns, including 
                research and development, as are deemed 
                critical to the economic and strategic health 
                of the Nation; and
                  [(C) ensure adequate and continuing 
                consultation with the private sector concerning 
                critical materials, materials research and 
                development, use of materials. Federal 
                materials policies, and related matters;
          [(2) to establish a national Federal program for 
        advanced materials research and technology, including 
        basic phenomena through processing and manufacturing 
        technology; and
          [(3) to stimulate innovation and technology 
        utilization in basic as well as advanced materials 
        industries.

       [ESTABLISHMENT OF THE NATIONAL CRITICAL MATERIALS COUNCIL

    [Sec. 203. There is hereby established a National Critical 
Materials Council (hereinafter referred to as the ``Council'') 
under and reporting to the Executive Office of the President. 
The Council shall be composed of three members who shall be 
appointed by the President and who shall serve at the pleasure 
of the President. Members so appointed who are not already 
Senate-confirmed officers of the Government shall be appointed 
by and with the advice and consent of the Senate. The President 
shall designate one of the members to serve as Chairman. Each 
member shall be a person who, as a result of training, 
experience, and achievement, is qualified to carry out the 
duties and functions of the Council, with particular emphasis 
placed on fields relating to materials policy or materials 
science and engineering. In addition, at least one of the 
members shall have a background in and understanding of 
environmentally related issues.

            [RESPONSIBILITIES AND AUTHORITIES OF THE COUNCIL

    [Sec. 204. (a) It shall be the primary responsibility of 
the Council--
          [(1) to assist and advise the President in 
        establishing coherent national materials policies 
        consistent with other Federal policies, and making 
        recommendations necessary to implement such policies;
          [(2) to assist in establishing responsibilities for, 
        and to coordinate. Federal materials-related policies, 
        programs, and research and technology activities, as 
        well as recommending to the Office of Management and 
        Budget budget priorities for materials activities in 
        each of the Federal departments and agencies;
          [(3) to review and appraise the various programs and 
        activities of the Federal Government in accordance with 
        the policy and directions given in the National 
        Materials and Minerals Policy, Research and Development 
        Act of 1980 (30 U.S.C. 1601), and to determine the 
        extent to which such programs and activities are 
        contributing to the achievement of such policy and 
        directions;
          [(4) to monitor and evaluate the critical materials 
        needs of basic and advanced technology industries and 
        the Government, including the critical materials 
        research and development needs of the private and 
        public sectors;
          [(5) to advise the President of mineral and material 
        trends, both domestic and foreign, the implications 
        thereof for the United States and world economies and 
        the national security, and the probable effects of such 
        trends on domestic industries;
          [(6) to assess through consultation with the 
        materials academic community the adequacy and quality 
        of materials-related educational institutions and the 
        supply of materials scientists and engineers;
          [(7) to make or furnish such studies, analyses, 
        reports, and recommendations with respect to matters of 
        materials-related policy and legislation as the 
        President may request;
          [(8)(A) to prepare a report providing a domestic 
        inventory of critical materials with projections on the 
        prospective needs of Government and industry for these 
        materials, including a long-range assessment, prepared 
        in conjunction with the Office of Science and 
        Technology Policy in accordance with the National 
        Materials and Minerals Policy, Research and Development 
        Act of 1980, and in conjunction with such other 
        Government departments or agencies as may be considered 
        necessary, of the prospective major critical materials 
        problems which the United States is likely to confront 
        in the immediate years ahead and providing advice as to 
        how these problems may best be addressed, with the 
        first such report being due on April 1, 1985, and (B) 
        review and update such report and assessment as 
        appropriate and report thereon to the Congress at least 
        biennially; and
          [(9) to recommend to the Congress such changes in 
        current policies, activities, and regulations of the 
        Federal Government, and such legislation, as may be 
        considered necessary to carry out the intent of this 
        title and the National Materials and Minerals Policy, 
        Research and Development Act of 1980.
    [(b) In carrying out its responsibilities under this 
section the Council shall have the authority--
          [(1) to establish such special advisory panels as it 
        considers necessary, with each such panel consisting of 
        representatives of industry, academia, and other 
        members of the private sector, not to exceed ten 
        members, and being limited in scope of subject and 
        duration; and
          [(2) to establish and convene such Federal 
        interagency committees as it considers necessary in 
        carrying out the intent of this title.
      [(c) In seeking to achieve the goals of this title and 
related Acts, the Council and other Federal departments and 
agencies with responsibilities or jurisdiction related to 
materials or materials policy, including the National Security 
Council, the Council on Environmental Quality, the Office of 
Management and Budget, and the Office of Science and Technology 
Policy, shall work collaboratively and in close cooperation.

   [PROGRAM AND POLICY FOR ADVANCED MATERIALS RESEARCH AND TECHNOLOGY

    [Sec. 205. (a) In addition to the responsibilities 
described in section 204, the Council shall be responsible for 
coordination with appropriate agencies and departments of the 
Federal Government relative to Federal materials research and 
development policies and programs. Such policies and programs 
shall be consistent with the policies and goals described in 
the National Materials and Minerals Policy, Research and 
Development Act of 1980. In carrying out this responsibility 
the Council shall--
          [(1)(A) establish a national Federal program plan for 
        advanced materials research and development, recommend 
        the designation of the key responsibilities for 
        carrying out such research, and to provide for 
        coordination of this plan with the Office of Science 
        and Technology Policy, the Office of Management and 
        Budget, and such other Federal offices and agencies as 
        may be deemed appropriate, and (B) annually review such 
        plan and report thereon to the Congress;
          [(2) review annually the materials research, 
        development, and technology authorization requests and 
        budgets of all Federal agencies and departments; and in 
        this activity the Council shall make recommendations, 
        in cooperation with the Office of Science and 
        Technology Policy, the Office of Management and Budget, 
        and all other Federal offices and agencies deemed 
        appropriate, to ensure close coordination of the goals 
        and directions of such programs with the policies 
        determined by the Council; and
          [(3) assist the Office of Science and Technology 
        Policy in the preparation of such long-range materials 
        assessments and reports as may be required by the 
        National Materials and Minerals Policy, Research and 
        Development Act of 1980, and assist other Federal 
        entities in the preparation of analyses and reporting 
        relating to critical and advanced materials.
    [(b) The Office of Management and Budget, in reviewing the 
materials research, development, and technology authorization 
requests of the various Federal departments and agencies for 
any fiscal year, and the recommendations of the Council, shall 
consider all of such requests and recommendations as an 
integrated, coherent, multiagency request which shall be 
reviewed by the Office of Management and Budget for its 
adherence to the national Federal materials program plan in 
effect for such fiscal year under subsection (a).

         [INNOVATION IN BASIC AND ADVANCED MATERIALS INDUSTRIES

    [Sec. 206. (a)(1) In Order to promote the use of more cost-
effective, Industrial advanced technology and other means of 
providing for innovation and increased productivity within the 
basic and advanced materials industries, the Council shall 
evaluate and make recommendations regarding the establishment 
of Centers for Industrial Technology as provided in Public Law 
96-480 (15 U.S.C. 3705).
    [(2) The activities of such Centers shall focus on, but not 
be limited to, the following generic materials areas: 
corrosion; welding and joining of materials; advanced 
processing and fabrication technologies; microfabrication; and 
fracture and fatigue.
    [(b) In order to promote better use and innovation of 
materials in design for improved safety or efficiency, the 
Council shall establish in cooperation with the appropriate 
Federal agencies and private industry, an effective mechanism 
for disseminating materials property data in an efficient and 
timely manner. In carrying out this responsibility, the Council 
shall consider, where appropriate, the establishment of a 
computerized system taking into account, to the maximum extent 
practicable, existing available resources.

              [COMPENSATION OF MEMBERS AND REIMBURSEMENTS

    [Sec. 207. (a) The Chairman of the Council, if not 
otherwise a paid officer or employee of the Federal Government, 
shall be paid at the rate not to exceed the rate of basic pay 
provided for level II of the Executive Schedule. The other 
members of the Council, if not otherwise paid officers or 
employees of the Federal Government, shall be paid at a per 
diem rate comparable to the rate not to exceed the rate of 
basic pay provided for level III of the Executive Schedule,
    [(b) Subject to existing law and regulations governing 
conflicts of interest, the Council may accept reimbursement 
from any private nonprofit organization or from any department, 
agency, or instrumentality of the Federal Government, or from 
any State or local government, for reasonable travel expenses 
incurred by any member or employee of the Council in connection 
with such member's or employee's attendance at any conference, 
seminar, or similar meeting.

            [POSITION AND AUTHORITIES OF EXECUTIVE DIRECTOR

    [Sec. 208. (a) There shall be an Executive Director 
(hereinafter 30 USC 1807. referred to as the ``Director''), who 
shall be chief administrator of the Council. The Director shall 
be appointed by the Council full time and shall be paid at the 
rate not to exceed the rate of basic pay provided for level III 
of the Executive Schedule.
    [(b) The Director is authorized--
          [(1) to employ such personnel as may be necessary for 
        the Council to carry out its duties and functions under 
        this title, but not to exceed twelve compensated 
        employees;
          [(2) to obtain the services of experts and 
        consultants in accordance with the provisions of 
        section 3109 of title 5, United States Code; and
          [(3) to develop, subject to approval by the Council, 
        rules and regulations necessary to carry out the 
        purposes of this title.
    [(c) In exercising his responsibilities and duties under 
this title, the Director--
          [(1) may consult with representatives of academia, 
        industry, labor. State and local governments, and other 
        groups; and
          [(2) shall utilize to the fullest extent possible the 
        services, facilities, and information (including 
        statistical information) of public and private 
        agencies, organizations, and individuals.
    [(d) Notwithstanding section 367(b) of the Revised Statutes 
(31 U.S.C. 665(b)), the Council may utilize voluntary and 
uncompensated labor and services in carrying out its duties and 
functions.

              [RESPONSIBILITIES AND DUTIES OF THE DIRECTOR

    [Sec. 209. In carrying out his functions the Director shall 
assist and advise the Council on policies and programs of the 
Federal Government affecting critical and advanced materials 
by--
          [(1) providing the professional and administrative 
        staff and support for the Council;
          [(2) assisting the Federal agencies and departments 
        in appraising the effectiveness of existing and 
        proposed facilities, programs, policies, and activities 
        of the Federal Government, including research and 
        development, which affect critical materials 
        availability and needs;
          [(3) cataloging, as fully as possible, research and 
        development activities of the Government, private 
        industry, and public and private institutions; and
          [(4) initiating Government and private studies and 
        analyses, including those to be conducted by or under 
        the auspices of the Council, designed to advance 
        knowledge of critical or advanced materials issues and 
        develop alternative proposals, including research and 
        development, to resolve national critical materials 
        problems.

                               [AUTHORITY

    [Sec. 210. The Council is authorized--
          [(1) to establish such internal rules and regulations 
        as may be necessary for its operation;
          [(2) to enter into contracts and acquire materials 
        and supplies necessary for its operation to such extent 
        or in such amounts as are provided for in appropriation 
        Acts;
          [(3) to publish, consistent with title 44 of the 
        United States Code, or arrange to publish critical 
        materials information that it deems to be useful to the 
        public and private industry to the extent that such 
        publication is consistent with the national defense and 
        economic interest;
          [(4) to utilize such services or personnel as may be 
        provided to the Council on a reimbursable basis by any 
        agency of the United States; and
          [(5) to exercise such authorities as may be necessary 
        and incidental to carrying out its responsibilities and 
        duties under this title.

                    [AUTHORIZATION OF APPROPRIATIONS

    [Sec. 211. There are hereby authorized to be appropriated 
to carry out the provisions of this title a sum not to exceed 
$500,000 for the fiscal year ending September 30, 1985, and 
such sums as may be necessary thereafter: Provided, That the 
authority provided for in this title shall expire on September 
30, 1990, unless otherwise authorized by Congress.

                              [DEFINITION

    [Sec. 212. As used in this title, the term ``materials''' 
has the meaning given it by section 2(b) of the National 
Materials and Minerals Policy, Research and Development Act of 
1980.]

                       ENERGY POLICY ACT OF 2005

                           Public Law 109-58


   AN ACT To ensure jobs for our future with secure, affordable, and 
reliable energy

           *       *       *       *       *       *       *


TITLE III--OIL AND GAS

           *       *       *       *       *       *       *


Subtitle E--Production Incentives

           *       *       *       *       *       *       *


SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA

           *       *       *       *       *       *       *


    (k) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section [$30,000,000 for 
each of fiscal years 2006 through 2010]. $5,000,000 for each of 
fiscal years 2020 through 2029, to remain available until 
expended.

           *       *       *       *       *       *       *


              FIXING AMERICA'S SURFACE TRANSPORTATION ACT

                           Public Law 114-94


  AN ACT To authorize funds for federal-aid highways, highway safety 
programs, and transit programs, and for other purposes

           *       *       *       *       *       *       *


                       DIVISION D--MISCELLANEOUS

               TITLE XLI--FEDERAL PERMITTING IMPROVEMENT

SEC. 41001. DEFINITIONS.

           *       *       *       *       *       *       *


          (6) Covered project.--
                  (A) In general.-- The term ``covered 
                project'' means any activity in the United 
                States that requires authorization or 
                environmental review by a Federal agency 
                involving construction of infrastructure for 
                renewable or conventional energy production, 
                electricity transmission, surface 
                transportation, aviation, ports and waterways, 
                water resource projects, broadband, pipelines, 
                manufacturing (including critical mineral 
                manufacturing (as defined in section 101 of the 
                American Mineral Security Act)), or any other 
                sector as determined by a majority vote of the 
                Council that--
                          (i)(I) is subject to NEPA;
                          (II) is likely to require a total 
                        investment of more than $200,000,000; 
                        and
                          (III) does not qualify for 
                        abbreviated authorization or 
                        environmental review processes under 
                        any applicable law; or
                          (ii) is subject to NEPA and the size 
                        and complexity of which, in the opinion 
                        of the Council, make the project likely 
                        to benefit from enhanced oversight and 
                        coordination, including a project 
                        likely to require--
                                  (I) authorization from or 
                                environmental review involving 
                                more than 2 Federal agencies; 
                                or
                                  (II) the preparation of an 
                                environmental impact statement 
                                under NEPA.

           *       *       *       *       *       *       *


NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF 
                                  1980

                           Public Law 96-479


AN ACT To provide for a national policy for materials and to strengthen 
    the materials research development, production capability, and 
performance of the united states and for other purposes

           *       *       *       *       *       *       *


                                FINDINGS

    Sec. 2. (a) The Congress finds that--
          (1) the availability of materials is essential for 
        national security, economic well-being, and industrial 
        production;
          (2) the availability of materials is affected by the 
        stability of foreign sources of essential industrial 
        materials, instability of materials markets, 
        international competition and demand for materials, the 
        need for energy and materials conservation, and the 
        enhancement of environmental quality;
          (3) extraction, production, processing, use, 
        recycling, and disposal of materials are closely linked 
        with national concerns for energy and the environment;
          (4) the United States is strongly interdependent with 
        other nations through international trade in materials 
        and other products;
          (5) technological innovation and research and 
        development are important factors which contribute to 
        the availability and use of materials;
          (6) the United States lacks a coherent national 
        materials policy and a coordinated program to assure 
        the availability of materials critical for national 
        economic well-being, national defense, and industrial 
        production, including interstate commerce and foreign 
        trade; and
          (7) notwithstanding the enactment of the Mining and 
        Minerals Policy Act of 1970 (30 U.S.C. 21a), the United 
        States does not have a coherent national materials and 
        minerals policy.
      [(b) As used in this Act, the term] (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 ``materials''' means 
        substances, including minerals, of current or potential 
        use that will be needed to supply the industrial, 
        military, and essential civilian needs of the United 
        States in the production of goods or services, 
        including those which are primarily imported or for 
        which there is a prospect of shortages or uncertain 
        supply, or which present opportunities in terms of new 
        physical properties, use, recycling, disposal or 
        substitution, with the exclusion of food and of energy 
        fuels used as such.

                         DECLARATION OF POLICY

    Sec. 3. The Congress declares that it is the continuing 
policy of the United States to promote an adequate and stable 
supply of materials necessary to maintain national security, 
economic well-being and industrial production with appropriate 
attention to a long-term balance between resource production, 
energy use, a healthy environment, natural resources 
conservation, and social needs. The Congress further declares 
that implementation of this policy requires that the President 
shall, through the Executive Office of the President, 
coordinate the responsible departments and agencies to, among 
other measures--
          (1) identify materials needs and assist in the 
        pursuit of measures that would assure the availability 
        of materials critical to commerce, the economy, and 
        national security;
          (2) establish a mechanism for the coordination and 
        evaluation of Federal materials programs, including 
        those involving research and development so as to 
        complement related efforts by the private sector as 
        well as other domestic and international agencies and 
        organizations;
          [(3) establish a long-range assessment capability 
        concerning materials demands, supply and needs, and 
        provide for the policies and programs necessary to meet 
        those needs;] (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;
          (4) promote a vigorous, comprehensive, and 
        coordinated program of materials research and 
        development consistent with the policies and priorities 
        set forth in the National Science and Technology 
        Policy, Organization, and Priorities Act of 1976 (42 
        U.S.C. 6601 et seq.);
          (5) promote cooperative research and development 
        programs with other nations for the equitable and 
        frugal use of materials and energy;
          (6) promote and encourage private enterprise in the 
        development of economically sound and stable domestic 
        materials industries; [and
          [(7) encourage Federal agencies to facilitate 
        availability and development of domestic resources to 
        meet critical materials needs.] (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.''

           *       *       *       *       *       *       *


       NATIONAL SUPERCONDUCTIVITY AND COMPETITIVENESS ACT OF 1988

                           Public Law 100-697


    AN ACT To establish a national federal program effort in close 
collaboration with the private sector to develop as rapidly as possible 
the applications of superconductivity to enhance the nation's economic 
competitiveness and strategic well-being, and for other purposes

           *       *       *       *       *       *       *


SEC. 3. NATIONAL ACTION PLAN ON SUPERCONDUCTIVITY RESEARCH AND 
                    DEVELOPMENT

           *       *       *       *       *       *       *


    (d) Update Reports.--The Office of Science and Technology 
Policy[, 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.),] shall prepare an annual report 
setting forth and evaluating the progress of the 
Superconductivity Action Plan. This report shall include a 
description of the amount of funds expended in the previous 
year by all Federal departments and agencies involved with 
superconductivity. This report shall be submitted with the 
President's annual budget request to the Committee on Science, 
Space, and Technology of the House of Representatives, and to 
the Committees on Energy and Natural Resources, and Commerce, 
Science, and Transportation of the Senate.

           *       *       *       *       *       *       *


                                  [all]