[House Report 118-710]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-710
======================================================================
RECOGNIZING THE IMPORTANCE OF CRITICAL MINERALS
IN HEALTHCARE ACT OF 2023
_______
October 22, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 6395]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6395) to amend the Energy Act of 2020 to require
the Secretary of the Interior to include the Secretary of
Health and Human Services in consultations regarding
designations of critical minerals, elements, substances, and
materials, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose of the Legislation
The purpose of H.R. 6395 is to amend the Energy Act of 2020
to require the Secretary of the Interior to include the
Secretary of Health and Human Services in consultations
regarding designations of critical minerals, elements,
substances, and materials.
Background and Need for Legislation
The United States Geological Survey publishes and updates a
Critical Minerals List every three years, as directed by the
Energy Act of 2020, in consultation with the Secretaries of
Defense, Commerce, Agriculture, Energy, and the United States
Trade Representative. H.R. 6395 would amend the Energy Act of
2020, requiring the Secretary of the Department of the Interior
(DOI) to include the Secretary of Health and Human Services
(HHS) in consultations regarding designations of critical
minerals, elements, substances, and materials.
Many minerals are used in the healthcare industry. For
example, low-enriched uranium is used to produce molybdenum-99
and its decay product, technetium-99m. These radioisotopes are
used in over 40,000 medical imaging procedures in the U.S.
daily, enabling diagnoses of cancer and heart disease, as well
as analyses of organ function. Likewise, liquid helium is used
frequently as a coolant for superconducting magnets in magnetic
resonance imaging (MRI) machines. Notably, there are no
substitutes for helium in MRI applications due to the ultra-low
temperatures required for operation. Copper, gold, lithium,
titanium, silver, and platinum are key components in various
medical technologies, equipment, and treatments, including
antimicrobial touch surfaces, heart stents, pacemakers,
surgical tools, antibiotics, and chemotherapy.
Minerals vital for the healthcare sector are not immune to
supply shocks. For instance, much of the world's uranium is
supplied by increasingly unstable Eastern European nations like
Kazakhstan, Russia, and Uzbekistan. Russia is also a major
global helium producer. While the United States also possesses
significant helium reserves, the sale of the Federal Helium
Reserve earlier this year could further stress global markets.
By requiring DOI to consult with HHS, this bill will ensure
that medical uses of these minerals and the ramifications that
any supply disruption could have on the healthcare economy are
adequately considered when evaluating the Critical Mineral List
designations.
Committee Action
H.R. 6395 was introduced on November 14, 2023, by Rep. John
Curtis (R-UT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Energy and Mineral Resources. On June 4, 2024, the
Subcommittee on Energy and Mineral Resources held a hearing on
the bill. On June 12, 2024, the Committee on Natural Resources
met to consider the bill. The Subcommittee on Energy and
Mineral Resources was discharged from further consideration of
H.R. 6395 by unanimous consent. The bill was ordered favorably
reported to the House of Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Energy and Mineral Resources
held on June 4, 2024.
Section-by-Section Analysis
Section 1. Short title
Designates the bill as the ``Recognizing the Importance of
Critical Minerals in Healthcare Act of 2023''.
Section 2. Required consultation with the Secretary of Health and Human
Services
Section 2 amends section 7002(c) of the Energy Act of 2020,
requiring the Secretary of the Interior to consult the
Secretary of Health and Human Services in consultations
regarding critical mineral designations.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
H.R. 6395 would require the U.S. Geological Survey (USGS)
to consult with the Department of Health and Human Services
(HHS) when updating its list of minerals that are essential to
the United States economy or national security.
Current law requires the USGS to consider adding minerals
that are essential to health care-related applications, and the
USGS consults with agencies across the government to inform its
list of minerals. On that basis, CBO expects it would cost the
USGS and HHS less than $500,000 over the 2024-2029 period to
meet the requirements in the bill. Any related spending would
be subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Emma Uebelhor.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Energy Act of 2020 to
require the Secretary of the Interior to include the Secretary
of Health and Human Services in consultations regarding
designations of critical minerals, elements, substances, and
materials.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
According to the Congressional Budget Office, H.R. 6395
contains no unfunded mandates as defined by the Unfunded
Mandates Reform Act.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
ENERGY ACT OF 2020
* * * * * * *
DIVISION Z--ENERGY ACT OF 2020
* * * * * * *
TITLE VII--CRITICAL MINERALS
* * * * * * *
SEC. 7002. MINERAL SECURITY.
(a) Definitions.--In this section:
(1) Byproduct.--The term ``byproduct'' means a
critical mineral--
(A) the recovery of which depends on the
production of a host mineral that is not
designated as a critical mineral; and
(B) that exists in sufficient quantities to
be recovered during processing or refining.
(2) Critical material.--The term ``critical
material'' means--
(A) any non-fuel mineral, element, substance,
or material that the Secretary of Energy
determines--
(i) has a high risk of a supply chain
disruption; and
(ii) serves an essential function in
1 or more energy technologies,
including technologies that produce,
transmit, store, and conserve energy;
or
(B) a critical mineral.
(3) Critical mineral.--
(A) In general.--The term ``critical
mineral'' means any mineral, element,
substance, or material designated as critical
by the Secretary under subsection (c).
(B) Exclusions.--The term ``critical
mineral'' does not include--
(i) fuel minerals;
(ii) water, ice, or snow;
(iii) common varieties of sand,
gravel, stone, pumice, cinders, and
clay.
(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.
(7) Institution of higher education.--The term
``institution of higher education'' means--
(A) an institution of higher education (as
defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))); or
(B) a postsecondary vocational institution
(as defined in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c))).
(b) Policy.--
(1) In general.--Section 3 of the National Materials
and Minerals Policy, Research and Development Act of
1980 (30 U.S.C. 1602) is amended--
(A) by striking paragraph (3) and inserting
the following:
``(3) establish an analytical and forecasting
capability for identifying critical mineral demand,
supply, and other factors to allow informed actions to
be taken to avoid supply shortages, mitigate price
volatility, and prepare for demand growth and other
market shifts;'';
(B) in paragraph (6), by striking ``and''
after the semicolon at the end; and
(C) by striking paragraph (7) and inserting
the following:
``(7) facilitate the availability, development, and
environmentally responsible production of domestic
resources to meet national material or critical mineral
needs;
``(8) avoid duplication of effort, prevent
unnecessary paperwork, and minimize delays in the
administration of applicable laws (including
regulations) and the issuance of permits and
authorizations necessary to explore for, develop, and
produce critical minerals and to construct critical
mineral manufacturing facilities in accordance with
applicable environmental and land management laws;
``(9) strengthen--
``(A) educational and research capabilities
at not lower than the secondary school level;
and
``(B) workforce training for exploration and
development of critical minerals and critical
mineral manufacturing;
``(10) bolster international cooperation through
technology transfer, information sharing, and other
means;
``(11) promote the efficient production, use, and
recycling of critical minerals;
``(12) develop alternatives to critical minerals; and
``(13) establish contingencies for the production of,
or access to, critical minerals for which viable
sources do not exist within the United States.''.
(2) Conforming amendment.--Section 2(b) of the
National Materials and Minerals Policy, Research and
Development Act of 1980 (30 U.S.C. 1601(b)) is amended
by striking ``(b) As used in this Act, the term'' and
inserting the following:
``(b) Definitions.--In this Act:
``(1) Critical mineral.--The term `critical mineral'
means any mineral, element, substance, or material
designated as critical by the Secretary under section
7002(c) of the Energy Act of 2020.
``(2) Materials.--The term''.
(c) Critical Mineral Designations.--
(1) Draft methodology and list.--The Secretary,
acting through the Director of the United States
Geological Survey (referred to in this subsection as
the ``Secretary''), shall publish in the Federal
Register for public comment--
(A) a description of the draft methodology
used to identify a draft list of critical
minerals;
(B) a draft list of minerals, elements,
substances, and materials that qualify as
critical minerals; and
(C) a draft list of critical minerals
recovered as byproducts and their host
minerals.
(2) Availability of data.--If available data is
insufficient to provide a quantitative basis for the
methodology developed under this subsection,
qualitative evidence may be used to the extent
necessary.
(3) Final methodology and list.--After reviewing
public comments on the draft methodology and the draft
lists published under paragraph (1) and updating the
methodology and lists as appropriate, not later than 45
days after the date on which the public comment period
with respect to the draft methodology and draft lists
closes, the Secretary shall publish in the Federal
Register--
(A) a description of the final methodology
for determining which minerals, elements,
substances, and materials qualify as critical
minerals;
(B) the final list of critical minerals; and
(C) the final list of critical minerals
recovered as byproducts and their host
minerals.
(4) Designations.--
(A) In general.--For purposes of carrying out
this subsection, the Secretary shall maintain a
list of minerals, elements, substances, and
materials designated as critical, pursuant to
the final methodology published under paragraph
(3), that the Secretary determines--
(i) are essential to the economic or
national security of the United States;
(ii) the supply chain of which is
vulnerable to disruption (including
restrictions associated with foreign
political risk, abrupt demand growth,
military conflict, violent unrest,
anti-competitive or protectionist
behaviors, and other risks throughout
the supply chain); and
(iii) serve an essential function in
the manufacturing of a product
(including energy technology-, defense-
, currency-, agriculture-, consumer
electronics-, and health care-related
applications), the absence of which
would have significant consequences for
the economic or national security of
the United States.
(B) Inclusions.--Notwithstanding the criteria
under paragraph (3), the Secretary may
designate and include on the list any mineral,
element, substance, or material determined by
another Federal agency to be strategic and
critical to the defense or national security of
the United States.
(C) Required consultation.--The Secretary
shall consult with the Secretaries of Defense,
Commerce, Agriculture, Health and Human
Services, and Energy and the United States
Trade Representative in designating minerals,
elements, substances, and materials as critical
under this paragraph.
(5) Subsequent review.--
(A) In general.--The Secretary, in
consultation with the Secretaries of Defense,
Commerce, Agriculture, Health and Human
Services, and Energy and the United States
Trade Representative, shall review the
methodology and list under paragraph (3) and
the designations under paragraph (4) at least
every 3 years, or more frequently as the
Secretary considers to be appropriate.
(B) Revisions.--Subject to paragraph (4)(A),
the Secretary may--
(i) revise the methodology described
in this subsection;
(ii) determine that minerals,
elements, substances, and materials
previously determined to be critical
minerals are no longer critical
minerals; and
(iii) designate additional minerals,
elements, substances, or materials as
critical minerals.
(6) Notice.--On finalization of the methodology and
the list under paragraph (3), or any revision to the
methodology or list under paragraph (5), the Secretary
shall submit to Congress written notice of the action.
(d) Resource Assessment.--
(1) In general.--Not later than 4 years after the
date of enactment of this Act, in consultation with
applicable State (including geological surveys), local,
academic, industry, and other entities, the Secretary
(acting through the Director of the United States
Geological Survey) or a designee of the Secretary,
shall complete a comprehensive national assessment of
each critical mineral that--
(A) identifies and quantifies known critical
mineral resources, using all available public
and private information and datasets, including
exploration histories; and
(B) provides a quantitative and qualitative
assessment of undiscovered critical mineral
resources throughout the United States,
including probability estimates of tonnage and
grade, using all available public and private
information and datasets, including exploration
histories.
(2) Supplementary information.--In carrying out this
subsection, the Secretary may carry out surveys and
field work (including drilling, remote sensing,
geophysical surveys, topographical and geological
mapping, and geochemical sampling and analysis) to
supplement existing information and datasets available
for determining the existence of critical minerals in
the United States.
(3) Public access.--Subject to applicable law, to the
maximum extent practicable, the Secretary shall make
all data and metadata collected from the comprehensive
national assessment carried out under paragraph (1)
publically and electronically accessible.
(4) Technical assistance.--At the request of the
Governor of a State or the head of an Indian Tribe, the
Secretary may provide technical assistance to State
governments and Indian Tribes conducting critical
mineral resource assessments on non-Federal land.
(5) Prioritization.--
(A) In general.--The Secretary may sequence
the completion of resource assessments for each
critical mineral such that critical minerals
considered to be most critical under the
methodology established under subsection (c)
are completed first.
(B) Reporting.--During the period beginning
not later than 1 year after the date of
enactment of this Act and ending on the date of
completion of all of the assessments required
under this subsection, the Secretary shall
submit to Congress on an annual basis an
interim report that--
(i) identifies the sequence and
schedule for completion of the
assessments if the Secretary sequences
the assessments; or
(ii) describes the progress of the
assessments if the Secretary does not
sequence the assessments.
(6) Updates.--The Secretary may periodically update
the assessments conducted under this subsection based
on--
(A) the generation of new information or
datasets by the Federal Government; or
(B) the receipt of new information or
datasets from critical mineral producers, State
geological surveys, academic institutions,
trade associations, or other persons.
(7) Additional surveys.--The Secretary shall complete
a resource assessment for each additional mineral or
element subsequently designated as a critical mineral
under subsection (c)(5)(B) not later than 2 years after
the designation of the mineral or element.
(8) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to
Congress a report describing the status of geological
surveying of Federal land for any mineral commodity--
(A) 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
2021''; but
(B) that is not designated as a critical
mineral under subsection (c).
(e) 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 the efficiency of
regulations applicable to the critical minerals
industry, including those that are disproportionately
burdensome to small businesses.
(f) Federal Register Process.--
(1) Departmental review.--Absent any extraordinary
circumstance, and except as otherwise required by law,
the Secretary and the Secretary of Agriculture shall
ensure that each Federal Register notice described in
paragraph (2) shall be--
(A) subject to any required reviews within
the Department of the Interior or the
Department of Agriculture; and
(B) published in final form in the Federal
Register not later than 45 days after the date
of initial preparation of the notice.
(2) Preparation.--The preparation of Federal Register
notices required by law associated with the issuance of
a critical mineral exploration or mine permit shall be
delegated to the organizational level within the agency
responsible for issuing the critical mineral
exploration or mine permit.
(3) Transmission.--All Federal Register notices
regarding official document availability, announcements
of meetings, or notices of intent to undertake an
action shall be originated in, and transmitted to the
Federal Register from, the office in which, as
applicable--
(A) the documents or meetings are held; or
(B) the activity is initiated.
(4) Application of certain provisions.--
(A) In general.--Subsection (f) shall also
apply to--
(i) an exploration project in which
the presence of a byproduct is
reasonably expected, based on known
mineral companionality, geologic
formation, mineralogy, or other
factors; and
(ii) a project that demonstrates that
a byproduct is of sufficient grade
that, when combined with the production
of a host mineral, the byproduct is
economic to recover, as determined by
the applicable Secretary in accordance
with subparagraph (B), and that the
byproduct will be recovered in
commercial quantities.
(B) Requirement.--In making the determination
under subparagraph (A)(ii), the applicable
Secretary shall consider the cost effectiveness
of the byproducts recovery.
(g) Recycling, Innovation, Efficiency, and Alternatives.--
(1) Establishment.--The Secretary of Energy (referred
to in this subsection as the ``Secretary'') shall
conduct a program (referred to in this subsection as
the ``program'') of research, development,
demonstration, and commercialization--
(A) to develop alternatives to critical
materials that do not occur in significant
abundance in the United States;
(B) to promote the efficient production, use,
and recycling of critical materials, with
special consideration for domestic critical
materials, throughout the supply chain;
(C) to ensure the long-term, secure, and
sustainable supply of critical materials; and
(D) to prioritize work in areas that the
private sector by itself is not likely to
undertake due to financial or technical
limitations.
(2) Cooperation.--In carrying out the program, the
Secretary shall cooperate with appropriate--
(A) Federal agencies, including the
Department of the Interior;
(B) the National Laboratories;
(C) critical material producers, processors,
and manufacturers;
(D) trade associations;
(E) academic institutions (including students
and postdoctoral staff at institutions of
higher education);
(F) small businesses;
(G) nongovernmental organizations; and
(H) other relevant entities or individuals.
(3) Energy innovation hub.--In carrying out the
program, the Secretary may use an Energy Innovation Hub
authorized under section 206 of the Department of
Energy Research Coordination Act (42 U.S.C. 18632).
(4) Activities.--Under the program, the Secretary
shall carry out activities that include the
identification and development of--
(A) alternative materials, particularly
materials available in abundance within the
United States and not subject to potential
supply restrictions, that lessen the need for
critical materials;
(B) alternative energy technologies or
alternative designs of existing energy
technologies, particularly technologies or
designs that use materials that--
(i) occur in abundance in the United
States; and
(ii) are not subject to potential
supply restrictions;
(C) technologies or process improvements that
minimize the use and content, or lead to more
efficient use, of critical materials across the
full supply chain;
(D) innovative technologies and practices to
diversify commercially viable and sustainable
domestic sources of critical materials,
including technologies for recovery from waste
streams;
(E) technologies, process improvements, or
design optimizations that facilitate the
recycling of critical materials, and options
for improving the rates of collection of
products and scrap containing critical
materials from post-consumer, industrial, or
other waste streams;
(F) advanced critical material extraction,
production, separation, alloying, or processing
technologies that decrease the energy
consumption, environmental impact, and costs of
those activities, including--
(i) efficient water and wastewater
management strategies;
(ii) technologies and management
strategies to control the environmental
impacts of radionuclides in ore
tailings;
(iii) technologies for separation and
processing; and
(iv) technologies for increasing the
recovery rates of coproducts and
byproducts from host metal ores;
(G) commercial markets, advanced storage
methods, energy applications, and other
beneficial uses of critical materials; and
(H) advanced theoretical, computational, and
experimental tools necessary to support the
crosscutting research and development needs of
diverse critical minerals stakeholders.
(5) Plan.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Secretary shall submit to Congress a plan to
carry out the program.
(B) Inclusions.--The plan under subparagraph
(A) shall include a description of--
(i) the research and development
activities to be carried out under the
program during the subsequent 2 years;
(ii) the expected contributions under
the program to the creation of
innovative methods and technologies for
the efficient and sustainable provision
of critical materials to the domestic
economy;
(iii) the expected activities under
the program to mitigate the
environmental and health impacts of the
extraction, processing, manufacturing,
use, recovery, and recycling of
critical materials; and
(iv) how the program will promote the
broadest possible participation by
academic, industrial, and other
contributors and the public.
(6) Coordination and nonduplication.--To the maximum
extent practicable, the Secretary shall ensure that the
activities carried out under this subsection are
coordinated with, and do not duplicate the efforts of,
other programs within the Federal Government, including
the work underway by the Critical Materials Institute
and the National Minerals Information Center.
(7) Standard of review.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
conduct a review of activities carried out under the
program to determine the achievement of the technical
milestones identified under paragraph (8)(D)(i)(I).
(8) Critical materials consortium.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Secretary shall establish and operate a
Critical Materials Consortium (referred to in
this paragraph as the ``Consortium'') for the
purpose of supporting the program by providing,
to the maximum extent practicable, a
centralized entity for multidisciplinary,
collaborative, critical materials research and
development.
(B) Leadership.--If an Energy Innovation Hub
authorized under section 206 of the Department
of Energy Research Coordination Act (42 U.S.C.
18632) that is focused on critical materials
exists on the date of enactment of this Act,
the Secretary shall leverage the personnel and
expertise of the Energy Innovation Hub to
manage the Consortium for not less than 3 years
following the date on which the Consortium is
established.
(C) Membership.--The members of the
Consortium shall be representatives from
relevant Federal agencies, the National
Laboratories, the National Minerals Information
Center, institutions of higher education,
private sector entities, multiinstitutional
collaborations, and other appropriate entities.
(D) Responsibilities.--The Consortium shall--
(i) develop and implement a multiyear
plan that--
(I) identifies technical
goals and milestones for the
program;
(II) utilizes the high
performance computing
capabilities of the Department;
and
(III) leverages the expertise
of the National Laboratories
and the United States
Geological Survey; and
(ii) submit an annual report to the
Secretary summarizing the activities of
the Consortium, including an evaluation
of the role of the Consortium in the
achievement of the technical milestones
identified under clause (i)(I).
(E) Sunset; termination.--
(i) In general.--The Secretary may
provide support to the Consortium for a
period of not more than 10 years,
subject to the availability of
appropriations.
(ii) Merit review.--Not later than 5
years after the date on which the
Consortium is established, the
Secretary shall conduct a rigorous
merit review to determine whether the
Consortium helped the program achieve
the technical milestones identified
under subparagraph (D)(i)(I).
(iii) Termination.--If the Secretary
determines that the Consortium has not
helped the program achieve the
technical milestones identified under
subparagraph (D)(i)(I), the Secretary
may terminate any financial or
technical support that the Department
provides to the Consortium.
(9) 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.
(10) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry
out this subsection--
(A) $125,000,000 for fiscal year 2021;
(B) $105,000,000 for fiscal year 2022;
(C) $100,000,000 for fiscal year 2023;
(D) $135,000,000 for fiscal year 2024; and
(E) $135,000,000 for fiscal year 2025.
(h) Critical Materials Supply Chain Research Facility.--
(1) In general.--The Secretary of Energy (referred to
in this subsection as the ``Secretary'') shall support
construction of a Critical Materials Supply Chain
Research Facility (referred to in this subsection as
the ``facility'').
(2) Requirements.--The facility--
(A) shall be used to further enable research,
development, demonstration, and
commercialization activities throughout the
supply chain for critical materials; and
(B) shall provide an integrated, rapidly
reconfigurable research platform.
(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to fund
the design and construction of the facility, to remain
available until expended--
(A) $10,000,000 for fiscal year 2021;
(B) $30,000,000 for fiscal year 2022; and
(C) $35,000,000 for fiscal year 2023.
(i) Critical Materials Research Database and Information
Portal.--
(1) In general.--In carrying out the program
established under subsection (g)(1), the Secretary and
the Secretary of Energy (referred to in this subsection
as the ``Secretaries''), in consultation with the
Director of the National Science Foundation, shall
establish and operate a Critical Materials Information
Portal (referred to in this subsection as the
``Portal'') to collect, catalogue, disseminate, and
archive information on critical materials.
(2) Cooperation.--In carrying out paragraph (1), the
Secretaries shall leverage the expertise of the
National Minerals Information Center, the Office of
Scientific and Technical Information, and the Critical
Materials Consortium established under subsection
(g)(8)(A).
(3) Purpose.--The purpose of the Portal is to support
the development of a web-based platform to provide
public access to a database of computed information on
known and predicted critical materials and related
material properties and computational tools in order--
(A) to accelerate breakthroughs in critical
materials identification and design;
(B) to strengthen the foundation for
technologies that will enable more sustainable
recycling, substitution, use, and recovery and
minimize the environmental impacts of methods
for extraction, processing, and manufacturing
of critical materials; and
(C) to drive the development of advanced
materials for applications that span the
missions of the Department of Energy and the
Department of the Interior (referred to in this
subsection as the ``Departments'') in energy,
environment, and national security.
(4) Activities.--In carrying out this subsection, the
Secretaries shall--
(A) conduct cooperative research with
industry, academia, and other research
institutions to facilitate the design of novel
materials, including critical materials and
substitutes for critical materials;
(B) leverage existing high-performance
computing systems to conduct high throughput
calculations and develop computing and data
mining algorithms for the prediction of
material properties, including a focus on
critical materials;
(C) leverage and support research in
mineralogy and mineral chemistry to enhance the
understanding, prediction, and manipulation of
critical materials;
(D) assist scientists and engineers in making
the fullest possible use of the relevant data
holdings of the Departments, including the
scientific and technical data generated by the
research and development activities funded
under subsection (g);
(E) seek and incorporate other information on
critical materials to enhance the Departments'
utility for program participants and other
users; and
(F) manage and make available to researchers
and the public accessible, curated,
standardized, secure, and privacy-protected
data sets from the public and private sectors
for the purposes of critical materials research
and development activities.
(5) Proprietary information.--In carrying out this
subsection, the Secretaries shall ensure, consistent
with section 5(f) of the National Materials and
Minerals Policy, Research and Development Act of 1980
(30 U.S.C. 1604(f)), that--
(A) no person uses the information and data
collected for the Portal for a purpose other
than the development of, or reporting of,
aggregate data in a manner such that the
identity of the person or firm who supplied the
information is not discernible and is not
material to the intended uses of the
information;
(B) no person discloses any information or
data collected for the Portal unless the
information or data has been transformed into a
statistical or aggregate form that does not
allow the identification of the person or firm
who supplied particular information; and
(C) procedures are established to require the
withholding of any information or data
collected for the Portal if at least 1 of the
Secretaries determines that the withholding is
necessary to protect proprietary information,
including any trade secrets or other
confidential information.
(j) Analysis and Forecasting.--
(1) Capabilities.--In order to evaluate existing
critical mineral policies and inform future actions
that may be taken to avoid supply shortages, mitigate
price volatility, and prepare for demand growth and
other market shifts, the Secretary (acting through the
Director of the United States Geological Survey) or a
designee of the Secretary, in consultation with the
Energy Information Administration, academic
institutions, and others in order to maximize the
application of existing competencies related to
developing and maintaining computer-models and similar
analytical tools, shall conduct and publish the results
of an annual report that includes--
(A) as part of the annually published Mineral
Commodity Summaries from the United States
Geological Survey, a comprehensive review of
critical mineral production, consumption, and
recycling patterns, including--
(i) the quantity of each critical
mineral domestically produced during
the preceding year;
(ii) the quantity of each critical
mineral domestically consumed during
the preceding year;
(iii) market price data or other
price data for each critical mineral;
(iv) an assessment of--
(I) critical mineral
requirements to meet the
national security, energy,
economic, industrial,
technological, and other needs
of the United States during the
preceding year;
(II) the reliance of the
United States on foreign
sources to meet those needs
during the preceding year; and
(III) the implications of any
supply shortages, restrictions,
or disruptions during the
preceding year;
(v) the quantity of each critical
mineral domestically recycled during
the preceding year;
(vi) the market penetration during
the preceding year of alternatives to
each critical mineral;
(vii) a discussion of international
trends associated with the discovery,
production, consumption, use, costs of
production, prices, and recycling of
each critical mineral as well as the
development of alternatives to critical
minerals; and
(viii) such other data, analyses, and
evaluations as the Secretary finds are
necessary to achieve the purposes of
this subsection; and
(B) a comprehensive forecast, entitled the
``Annual Critical Minerals Outlook'', of
projected critical mineral production,
consumption, and recycling patterns,
including--
(i) the quantity of each critical
mineral projected to be domestically
produced over the subsequent 1-year, 5-
year, and 10-year periods;
(ii) the quantity of each critical
mineral projected to be domestically
consumed over the subsequent 1-year, 5-
year, and 10-year periods;
(iii) an assessment of--
(I) critical mineral
requirements to meet projected
national security, energy,
economic, industrial,
technological, and other needs
of the United States;
(II) the projected reliance
of the United States on foreign
sources to meet those needs;
and
(III) the projected
implications of potential
supply shortages, restrictions,
or disruptions;
(iv) the quantity of each critical
mineral projected to be domestically
recycled over the subsequent 1-year, 5-
year, and 10-year periods;
(v) the market penetration of
alternatives to each critical mineral
projected to take place over the
subsequent 1-year, 5-year, and 10-year
periods;
(vi) a discussion of reasonably
foreseeable international trends
associated with the discovery,
production, consumption, use, costs of
production, and recycling of each
critical mineral as well as the
development of alternatives to critical
minerals; and
(vii) such other projections relating
to each critical mineral as the
Secretary determines to be necessary to
achieve the purposes of this
subsection.
(2) Proprietary information.--In preparing a report
described in paragraph (1), the Secretary shall ensure,
consistent with section 5(f) of the National Materials
and Minerals Policy, Research and Development Act of
1980 (30 U.S.C. 1604(f)), that--
(A) no person uses the information and data
collected for the report for a purpose other
than the development of or reporting of
aggregate data in a manner such that the
identity of the person or firm who supplied the
information is not discernible and is not
material to the intended uses of the
information;
(B) no person discloses any information or
data collected for the report unless the
information or data has been transformed into a
statistical or aggregate form that does not
allow the identification of the person or firm
who supplied particular information; and
(C) procedures are established to require the
withholding of any information or data
collected for the report if the Secretary
determines that withholding is necessary to
protect proprietary information, including any
trade secrets or other confidential
information.
(k) Education and Workforce.--
(1) Workforce assessment.--Not later than 1 year and
300 days after the date of enactment of this Act, the
Secretary of Labor (in consultation with the Secretary,
the Director of the National Science Foundation,
institutions of higher education with substantial
expertise in mining, institutions of higher education
with significant expertise in minerals research,
including fundamental research into alternatives, and
employers in the critical minerals sector) shall submit
to Congress an assessment of the domestic availability
of technically trained personnel necessary for critical
mineral exploration, development, assessment,
production, manufacturing, recycling, analysis,
forecasting, education, and research, including an
analysis of--
(A) skills that are in the shortest supply as
of the date of the assessment;
(B) skills that are projected to be in short
supply in the future;
(C) the demographics of the critical minerals
industry and how the demographics will evolve
under the influence of factors such as an aging
workforce;
(D) the effectiveness of training and
education programs in addressing skills
shortages;
(E) opportunities to hire locally for new and
existing critical mineral activities;
(F) the sufficiency of personnel within
relevant areas of the Federal Government for
achieving the policies described in section 3
of the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C.
1602); and
(G) the potential need for new training
programs to have a measurable effect on the
supply of trained workers in the critical
minerals industry.
(2) Curriculum study.--
(A) In general.--The Secretary and the
Secretary of Labor shall jointly enter into an
arrangement with the National Academy of
Sciences and the National Academy of
Engineering under which the Academies shall
coordinate with the National Science Foundation
on conducting a study--
(i) to design an interdisciplinary
program on critical minerals that will
support the critical mineral supply
chain and improve the ability of the
United States to increase domestic,
critical mineral exploration,
development, production, manufacturing,
research, including fundamental
research into alternatives, and
recycling;
(ii) to address undergraduate and
graduate education, especially to
assist in the development of graduate
level programs of research and
instruction that lead to advanced
degrees with an emphasis on the
critical mineral supply chain or other
positions that will increase domestic,
critical mineral exploration,
development, production, manufacturing,
research, including fundamental
research into alternatives, and
recycling;
(iii) to develop guidelines for
proposals from institutions of higher
education with substantial capabilities
in the required disciplines for
activities to improve the critical
mineral supply chain and advance the
capacity of the United States to
increase domestic, critical mineral
exploration, research, development,
production, manufacturing, and
recycling; and
(iv) to outline criteria for
evaluating performance and
recommendations for the amount of
funding that will be necessary to
establish and carry out the program
described in paragraph (3).
(B) Report.--Not later than 2 years after the
date of enactment of this Act, the Secretary
shall submit to Congress a description of the
results of the study required under
subparagraph (A).
(3) Program.--
(A) Establishment.--The Secretary and the
Secretary of Labor shall jointly conduct a
competitive grant program under which
institutions of higher education may apply for
and receive 4-year grants for--
(i) startup costs for newly
designated faculty positions in
integrated critical mineral education,
research, innovation, training, and
workforce development programs
consistent with paragraph (2);
(ii) internships, scholarships, and
fellowships for students enrolled in
programs related to critical minerals;
(iii) equipment necessary for
integrated critical mineral innovation,
training, and workforce development
programs; and
(iv) research of critical minerals
and their applications, particularly
concerning the manufacture of critical
components vital to national security.
(B) Renewal.--A grant under this paragraph
shall be renewable for up to 2 additional 3-
year terms based on performance criteria
outlined under paragraph (2)(A)(iv).
(l) National Geological and Geophysical Data Preservation
Program.--Section 351(k) of the Energy Policy Act of 2005 (42
U.S.C. 15908(k)) is amended by striking ``$30,000,000 for each
of fiscal years 2006 through 2010'' and inserting ``$5,000,000
for each of fiscal years 2021 through 2029, to remain available
until expended''.
(m) Amendments to the National Materials and Minerals,
Policy, Research and Development Act of 1980.--
(1) Program plan.--Section 5 of the National
Materials and Minerals Policy, Research and Development
Act of 1980 (30 U.S.C. 1604) is amended--
(A) by striking ``date of enactment of this
Act'' each place it appears and inserting
``date of enactment of the Energy Act of
2020'';
(B) in subsection (b)(1), by striking
``Federal Coordinating Council for Science,
Engineering, and Technology'' and inserting
``National Science and Technology Council'';
(C) in subsection (c)--
(i) in the matter preceding paragraph
(1)--
(I) by striking ``the Federal
Emergency'' and all that
follows through ``Agency,
and''; and
(II) by striking
``appropriate shall'' and
inserting ``appropriate,
shall'';
(ii) by striking paragraphs (1) and
(3);
(iii) by redesignating paragraph (2)
as paragraph (1);
(iv) in paragraph (1) (as so
redesignated)--
(I) by striking ``within 1
year after October 21, 1980''
and inserting ``not later than
1 year after the date of the
enactment of the Energy Act of
2020'';
(II) by striking ``which
assesses'' and inserting ``that
assesses''; and
(III) by striking ``in the
case'' and all that follows
through ``subsection, and
which'' and inserting ``and
that''; and
(v) by adding at the end the
following:
``(2) assess the adequacy and stability of the supply
of materials necessary to maintain national security,
economic well-being, public health, and industrial
production.''; and
(D) in subsection (e), by striking ``Bureau
of Mines'' each place it appears and inserting
``United States Geological Survey''.
(2) Policy.--Section 3 of the National Materials and
Minerals Policy, Research and Development Act of 1980
(30 U.S.C. 1602) is amended, in the matter preceding
paragraph (1)--
(A) in the first sentence, by striking ``The
Congress declares that it'' and inserting
``It''; and
(B) in the second sentence, by striking ``The
Congress further declares that implementation''
and inserting ``Implementation''.
(3) Implementation.--Section 4 of the National
Materials and Minerals Policy, Research and Development
Act of 1980 (30 U.S.C. 1603) is amended, in the matter
preceding paragraph (1)--
(A) by striking ``For the purpose'' and all
that follows through ``declares that the'' and
inserting ``The''; and
(B) by striking ``departments and agencies,''
and inserting ``departments and agencies to
implement the policy described in section 3''.
(n) Administration.--
(1) In general.--The National Critical Materials Act
of 1984 (30 U.S.C. 1801 et seq.) is repealed.
(2) Conforming amendment.--Section 3(d) of the
National Superconductivity and Competitiveness Act of
1988 (15 U.S.C. 5202(d)) is amended in the first
sentence by striking ``, with the assistance of the
National Critical Materials Council as specified in the
National Critical Materials Act of 1984 (30 U.S.C. 1801
et seq.),''.
(3) Savings clauses.--
(A) In general.--Nothing in this section or
an amendment made by this section modifies any
requirement or authority provided by--
(i) the matter under the heading
``geological survey''
of the first section of the Act of
March 3, 1879 (43 U.S.C. 31(a)); or
(ii) the first section of Public Law
87-626 (43 U.S.C. 31(b)).
(B) Effect on department of defense.--Nothing
in this section or an amendment made by this
section affects the authority of the Secretary
of Defense with respect to the work of the
Department of Defense on critical material
supplies in furtherance of the national defense
mission of the Department of Defense.
(C) Secretarial order not affected.--This
section shall not apply to any mineral
described in Secretarial Order No. 3324, issued
by the Secretary on December 3, 2012, in any
area to which the order applies.
(o) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2021 through 2029.
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