[House Report 119-268]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-268
======================================================================
SECURING AMERICA'S CRITICAL MINERALS SUPPLY ACT
_______
September 11, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3617]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3617) to amend the Department of Energy
Organization Act to secure the supply of critical energy
resources, including critical minerals and other materials, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Committee Action................................................. 5
Committee Votes.................................................. 6
Oversight Findings and Recommendations........................... 8
New Budget Authority, Entitlement Authority, and Tax Expenditures 8
Congressional Budget Office Estimate............................. 8
Federal Mandates Statement....................................... 9
Statement of General Performance Goals and Objectives............ 9
Duplication of Federal Programs.................................. 9
Related Committee and Subcommittee Hearings...................... 9
Committee Cost Estimate.......................................... 10
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 11
Advisory Committee Statement..................................... 11
Applicability to Legislative Branch.............................. 11
Section-by-Section Analysis of the Legislation................... 11
Changes in Existing Law Made by the Bill, as Reported............ 11
Minority, Additional, or Dissenting Views........................ 17
Exchange of Letters with Additional Committees of Referral.......
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Critical Minerals
Supply Act''.
SEC. 2. AMENDMENT TO THE DEPARTMENT OF ENERGY ORGANIZATION ACT.
The Department of Energy Organization Act (42 U.S.C. 7101 et seq.) is
amended--
(1) in section 2, by adding at the end the following:
``(d) As used in sections 102(20) and 203(a)(12), the term `critical
energy resource' means any energy resource--
``(1) that is essential to the energy sector and energy
systems of the United States; and
``(2) the supply chain of which is vulnerable to
disruption.'';
(2) in section 102, by adding at the end the following:
``(20) To ensure there is an adequate and reliable supply of
critical energy resources that are essential to the energy
security of the United States.''; and
(3) in section 203(a), by adding at the end the following:
``(12) Functions that relate to securing the supply of
critical energy resources, including identifying and mitigating
the effects of a disruption of such supply on--
``(A) the development and use of energy technologies;
and
``(B) the operation of energy systems.''.
SEC. 3. SECURING CRITICAL ENERGY RESOURCE SUPPLY CHAINS.
(a) In General.--In carrying out the requirements of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), the Secretary of
Energy, in consultation with the appropriate Federal agencies,
representatives of the energy sector, States, and other stakeholders,
shall--
(1) conduct ongoing assessments of--
(A) energy resource criticality, based on the
importance of critical energy resources to the
development of energy technologies and the supply of
energy;
(B) the critical energy resource supply chain of the
United States;
(C) the vulnerability of such supply chain;
(D) the diversity of domestic critical energy
resource supply chains in the United States, including
the extent to which such diversity is sufficient to
prevent monopolistic behavior, a single point of
failure, or market manipulation;
(E) capacity constraints on the domestic production
of critical energy resources, including any such
constraint caused by a shortage of material or labor;
(F) Federal regulations affecting the domestic
production or importation of critical energy resources;
(G) how the energy security of the United States is
affected by the reliance of the United States on
importation of critical energy resources; and
(H) how adversarial nations seek to exploit critical
energy resource markets to undermine investment in the
United States, which may include the extent to which
adversarial nations employ anti-competitive practices,
price manipulation, or human rights abuses in critical
energy resource production and exportation;
(2) facilitate development of strategies to strengthen
critical energy resource supply chains in the United States,
including by--
(A) diversifying the sources of the supply of
critical energy resources; and
(B) increasing domestic production, separation, and
processing of critical energy resources;
(3) develop substitutes and alternatives to critical energy
resources; and
(4) improve technology that reuses and recycles critical
energy resources.
(b) Report.--Not later than two years after the date of enactment of
this Act, the Secretary of Energy shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report on the status of
the assessments under subsection (a)(1), including a description of any
regulation prescribed, guidance issued, or other action taken as a
result of such an assessment.
(c) Critical Energy Resource Defined.--In this section, the term
``critical energy resource'' has the meaning given such term in section
2 of the Department of Energy Organization Act (42 U.S.C. 7101).
Purpose and Summary
H.R. 3617, the ``Securing America's Critical Mineral Supply
Chains Act'', was introduced by Representative James on May 29,
2025, and referred to the Committee on Energy and Commerce on
May 29, 2025. H.R. 3617 amends the Department of Energy (DOE)
Organization Act to require the Secretary of Energy to conduct
an ongoing assessment of the nation's supply of critical energy
resources, the vulnerability of critical energy resource supply
chains, and the energy security considerations related to
critical energy resources in the development of energy
technologies. It would also direct the Secretary to strengthen
critical energy resource supply chains by diversifying sourcing
and increasing domestic production, refining, and processing of
resources. Under this legislation, the term ``critical energy
resource'' means any energy resource that is essential to the
energy sector and energy systems of the United States and the
supply chain of which is vulnerable to disruption.
Background and Need for Legislation
The United States maintains one of the most advanced and
complex energy systems in the world. This includes an extensive
system for producing and transporting oil, natural gas, and
refined product; vast, complex electricity systems that produce
and deliver uninterrupted power; and the supply chains of the
energy resources and materials necessary for these energy
systems and technologies to be built, maintained, operated. Our
nation's economy, security, and the health and safety of its
citizens depend upon the reliable and uninterrupted supply of
fuels and electricity, as well the secure supplies of energy
resources and materials necessary for this to happen.
When the Department of Energy (DOE) was organized in 1977,
energy security concerns revolved around oil supply shortages.
As a result, energy security emergency functions in the
Department of Energy Organization Act focused on distributing
and allocating fuels in an emergency. Other functions focused
on developing plans and programs for dealing with domestic
energy production and import shortages and the provision of an
adequate and reliable supply of energy at the lowest reasonable
cost.
Over time, these functions in DOE's organic statute have
remained largely unchanged, but DOE's responsibilities and
authorities have evolved substantially beyond what was
envisioned forty years ago. As energy technologies and delivery
systems have advanced, including with the growing use of
advanced solar, wind, and battery technologies, focus on the
supply chains of these technologies and the materials--the
minerals and metals and other components--making up or enabling
the operations of these technologies has become more important.
The need for updating the functions of DOE is necessary to
provide a durable, Cabinet-level focus on critical energy
resource supplies and to serve the broader missions of the
Department to coordinate national energy policy that will help
assure the reliable supply of energy for the public.
The urgency of supply chains for advanced and renewable
energy systems is underscored by the materials intensive nature
of these systems. For example, as outlined in Committee
testimony during the 117th Congress, ``the materials extracted
from the earth to fabricate everything, including wind
turbines, solar panels, and batteries (to store grid
electricity or power electric vehicles) are typically out of
sight, located at remote quarries, mine sites, and mineral
processing facilities around the world. Those locations matter
in terms of geopolitics and supply-chain risks.''\1\
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\1\See testimony of Mark P. Mills before the Subcommittee on
Environment and Climate Change hearing ``Back in Action: Restoring
Federal Climate Leadership,'' February 9, 2021, Hearing Print Serial
No. 117-4.
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Add to this the sheer scale of critical materials needed
for these ``clean tech'' energy technologies, and the
importance of security supplies becomes clear. Projections on
the mineral requirements for ``green'' energy all show massive
increases in minerals and related processing. The mining of
indium, used in fabricating electricity generating solar
semiconductors, for example, will need to increase 8,000%.
Cobalt for batteries will need to grow 300% to 800%. Lithium
production will need to increase 2,000%. Some 14 metals
essential for building clean-tech machines will require
increased supplies of elements such as nickel, dysprosium, and
tellurium of 200% to 600%.\2\
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\2\Ibid.
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As recently as 1990, the United States was the world's
number-one producer of minerals. By 2018, the United States had
fallen to 12th overall in global non-fuel minerals
production.\3\ A 2022 DOE assessment of critical energy
resource supply chain risks notes that China's control of key
materials in renewable energy is ``across the board,'' with
China in control of ``80% of rare earths production and
refining that are key for components in technologies such as
direct drive generators in wind turbines, and China also
controls 61% of global lithium refining key for battery storage
and electric vehicles. China also controls 100% of the
processing of natural graphite used for battery anodes.''\4\
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\3\See testimony of Michelle Michot Foss before the Subcommittee on
Environment and Climate Change hearing ``Building a 100 Percent Clean
Economy: Opportunities for and Equitable, Low-Carbon Recovery,''
September 16, 2020, https://docs.house.gov/meetings/IF/IF18/20200916/
111008/HHRG-116-IF18-Wstate-MichotFossM-20200916-U1.pdf.
\4\Department of Energy, America's Strategy to Secure the Supply
Chain for a Robust Clean Energy Transition, DOE (Feb. 24 2022), https:/
/www.energy.gov/policy/articles/americas-strategy-secure-supply-chain-
robust-clean-energy-transition.
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The severity of this overdependence on other countries for
critical minerals was brought to the public's attention by the
report released during the Trump administration, which found
the United States relies on imports for 31 of the 35 critical
minerals necessary for the U.S. defense and economy.\5\ For 14
of the listed critical minerals, the United States relies
completely on imports from other countries; having no U.S.
production at all. (As indicated in the above DOE assessment,
reviews under the Biden administration confirmed U.S.
vulnerability.) Many of the minerals controlled by China are
essential to the manufacturing of defense equipment and
military weapons systems. Under both the Biden and Trump
administrations, China has taken actions to limit exports of
minerals such as antimony, gallium, and germanium.\6\
Furthermore, recent reports indicate many of the minerals
produced by China occur in the Xinjiang Uyghur Autonomous
Region where China has committed documented human rights abuses
and forced labor practices. This region is home to 88% of the
types of minerals available in China and 77 different critical
mineral sector companies.\7\
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\5\See testimony by the Honorable Mark W. Menezes before the Joint
Energy, Climate, and Grid Security Subcommittee and Environment,
Manufacturing, and Critical Materials Subcommittee Legislative Hearing,
``Unleashing American Energy, Lowering Energy Costs, and Strengthening
Supply Chains,'' February 7, 2023.
\6\Center for Strategic and International Studies, The Consequences
of China's New Rare Earths Export Restrictions, CSIS (Apr. 14, 2025),
https://www.csis.org/analysis/consequences-
chinas-new-rare-earths-export-restrictions.
\7\Global Rights Compliance, Risk at the Source: Critical Mineral
Supply Chains and State-Imposed Forced Labour in the Uyghur Region, GRC
(June 2025) https://globalrightscompliance.org/wp-content/uploads/2025/
06/GRC-critical-minerals.pdf.
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Against this backdrop, while Congress has taken action to
support research and development, incentives, and interagency
planning, this is not enough, given the extent of current
dependence on foreign supplies and increasing demand for
minerals and materials heavy energy resources. As former DOE
Deputy Secretary Mark Menezes has testified before the
Committee in the 118th Congress: ``we need to designate an
agency with clear authority to address these issues and to
serve as the experts in the interagency process for
energy.''\8\
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\8\Ibid.
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The Committee finds that H.R. 3167 would further enhance
DOE's existing responsibilities over ensuring secure and
affordable delivery of energy, by providing durable authority
to assess the vulnerability of the critical energy resource
supply chain, and the criticality of energy resources,
particularly minerals and materials necessary in the
development of energy technologies and including the supply
chains for renewable energy technologies. The Committee finds
the provisions of H.R. 3167 that facilitate the development of
strategies to diversify sources of supply, by increasing
domestic production, separation, and processing of critical
energy resources, and by pursing the technological development
of critical resource alternatives and of reuse and recycling is
consistent with DOE's energy security mission, and unique
capabilities in the United States government.
Committee Action
On April 30, 2025, the Subcommittee on Energy held a
legislative hearing on 14 pieces of legislation, including H.R.
3617. The Subcommittee received testimony from:
Mike Goff, Acting Undersecretary of Energy,
U.S. Department of Energy;
David L. Morenoff, Acting General Counsel,
Federal Energy Regulatory Commission;
Terry Turpin, Director, Office of Energy
Projects, Federal Energy Regulatory Commission;
Jim Matheson, Chief Executive Officer,
National Rural Electric Cooperative Association;
Amy Andryszak, President and Chief Executive
Officer, Interstate Natural Gas Association of America;
Todd A. Snitchler, President and Chief
Executive Officer, Electric Power Supply Association
and;
Kim Smaczniak, Partner, Roselle LLP.
On June 5, 2025, the Subcommittee on Energy met in open
markup session and forwarded H.R. 3617, without amendment, to
the full Committee by a voice vote. On June 25, 2025, the full
Committee on Energy and Commerce met in open markup session and
ordered H.R. 3617, as amended, favorably reported to the House
by a record vote of 23 yeas and 21 nays.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
Oversight Findings and Recommendations
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held hearings and made findings that
are reflected in this report.
New Budget Authority, Entitlement Authority,
and Tax Expenditures
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 3617 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII, the following is
the cost estimate provided by the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974:
H.R. 3617 would require the Department of Energy (DOE) to:
Assess the supply chain and related issues
for critical energy resources, including critical
minerals and other materials;
Develop strategies to strengthen the supply
chain for those resources; and
Report to the Congress on the status of
those assessments.
Based on information from DOE, CBO expects that the
department largely meets the bill's requirements. As a result,
CBO estimates that implementing H.R. 3617 would have an
insignificant cost, mostly for the report. Any related spending
would be subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Aaron Krupkin.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to ensure
there is an adequate and reliable supply of critical energy
resources that are essential to the energy security of the
United States.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 3617 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
Related Committee and Subcommittee Hearings
Pursuant to clause 3(c)(6) of rule XIII, the following
related hearings were used to develop or consider H.R. 3617:
On February 5, 2025, the Subcommittee on Energy held a
hearing on H.R. 3617. The title of the hearing was ``Powering
America's Future: Unleashing American Energy.'' The
Subcommittee received testimony from:
Amanda Eversole, Executive Vice President
and Chief Advocacy Officer, American Petroleum
Institute;
Brigham McCown, Senior Fellow and Director,
Initiative on American Energy Security, The Hudson
Institute;
Gary Arnold, Business Manager, Denver
Pipefitters Local 208 and;
Tyler O'Connor, Partner, Crowell & Moring
LLP.
On March 5, 2025, the Subcommittee on Energy held a hearing
on H.R. 3617. The title of the hearing was ``Scaling for
Growth: Meeting the Demand for Reliable, Affordable
Electricity.'' The Subcommittee received testimony from:
Todd Brickhouse, CEO and General Manager,
Basin Electric Power Cooperative;
Asim Haque, Senior Vice President for
Governmental and Member Services, PJM;
Noel W. Black, Senior VP of Regulatory
Affairs, Southern Company and;
Tyler H. Norris, James B. Duke Fellow, Duke
University.
On March 25, 2025, the Subcommittee on Energy held a
hearing on H.R. 3617. The title of the hearing was ``Keeping
the Lights On: Examining the State of Regional Grid
Reliability.'' The Subcommittee received testimony from:
Gordon van Welie, President and Chief
Executive Officer, ISO New England;
Richard J. Dewey, President and Chief
Executive Officer, New York Independent System
Operator;
Manu Asthana, President and Chief Executive
Officer, PJM Interconnection LLC;
Jennifer Curran, Senior Vice President for
Planning and Operations, Midcontinent ISO;
Lanny Nickell, Chief Operating Officer,
Southwest Power Pool;
Elliot Mainzer, President and Chief
Executive Officer, California Independent System
Operator and;
Pablo Vegas, President and Chief Executive
Officer, Electric Reliability Council of Texas, Inc.
On April 9, 2025, the Committee on Energy and Commerce held
a full committee hearing on H.R. 3617. The title of the hearing
was ``The Energy Needs for Advancing American Technological
Leadership.'' The Committee received testimony from:
Eric Schmidt, Chair, Special Competitive
Studies Project;
Manish Bhatia, Executive Vice President of
Global Operations, Micron Technology;
Alexander Wang, Founder and Chief Executive
Officer, Scale AI, and;
David Turk, Distinguished Visiting Fellow,
Center on Global Energy Policy, Columbia University.
On April 30, 2025, the Subcommittee on Energy held a
legislative hearing on H.R. 3617. The title of the hearing was
``Assuring Abundant, Reliable American Energy to Power
Innovation.'' The Subcommittee received testimony from:
Mike Goff, Acting Undersecretary of Energy,
U.S. Department of Energy;
David L. Morenoff, Acting General Counsel,
Federal Energy Regulatory Commission;
Terry Turpin, Director, Office of Energy
Projects, Federal Energy Regulatory Commission;
Jim Matheson, Chief Executive Officer,
National Rural Electric Cooperative Association;
Amy Andryszak, President and Chief Executive
Officer, Interstate Natural Gas Association of America;
Todd A. Snitchler, President and Chief
Executive Officer, Electric Power Supply Association
and;
Kim Smaczniak, Partner, Roselle LLP.
On May 21, 2025, the Subcommittee on Oversight and
Investigations held a hearing on H.R. 3617. The title of the
hearing was ``Examining Ways to Enhance Our Domestic Critical
Mineral Supply Chains.'' The Subcommittee received testimony
from:
Abigail Hunter, Executive Director, SAFE
Center for Critical Minerals Strategy;
Katie Sweeney, Executive Vice President &
Chief Operating Officer, National Mining Association;
Casey Hammond, Principal, Capitol Pillar
LLC;
Alexander Herrgott, President, Permitting
Institute, and;
David Howell, Director of Strategy, Battery
Advocacy for Technology Transformation Coalition.
Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 3617 contains no earmarks, limited
tax benefits, or limited tariff benefits.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
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.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 provides the short title of ``Securing America's
Critical Minerals Supply Act''.
Section 2. Amendment to the Department of Energy Organization Act
Section 2 amends the Department of Energy Organization Act
to define critical energy resources as energy resources
essential to the U.S. energy sector and energy systems, the
supply chains of which are vulnerable to disruption, and by
establishing that a purpose of the Department of Energy is to
ensure there is an adequate and reliable supply of critical
energy resources that are essential to U.S. energy security and
by including new functions of the Department relating to
securing critical energy resource supplies.
Section 3. Securing critical energy resource supply chains
Section 3 provides that, in carrying out the requirements
of Department of Energy Organization Act, the Secretary, in
consultation with appropriate agencies, States, and
stakeholders, shall conduct ongoing assessments of the nation's
supply of critical energy resources, energy resource
criticality based on importance to the development of energy
technologies and energy supply, and to facilitate development
of strategies to strengthen critical energy resource supply
chains by diversifying sources and increasing domestic
production, refining, and processing of resources, and that the
Secretary develop substitutes and alternatives and improve
technology that reuses or recycles critical energy resources.
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):
DEPARTMENT OF ENERGY ORGANIZATION ACT
* * * * * * *
definitions
Sec. 2. (a) As used in this Act, unless otherwise provided or
indicated by the context, the term the ``Department'' means the
Department of Energy or any component thereof, including the
Federal Energy Regulatory Commission.
(b) As used in this Act (1) reference to ``function''
includes reference to any duty, obligation, power, authority,
responsibility, right, privilege, and activity, or the plural
thereof, as the case may be; and (2) reference to ``perform'',
when used in relation to functions, includes the undertaking,
fulfillment, or execution of any duty or obligation; and the
exercise of power, authority, rights, and privileges.
(c) As used in this Act, ``Federal lease'' means an agreement
which, for any consideration, including but not limited to,
bonuses, rents, or royalties conferred and covenants to be
observed, authorizes a person to explore for, or develop, or
produce (or to do any or all of these) oil and gas, coal, oil
shale, tar sands, and geothermal resources on lands or
interests in lands under Federal jurisdiction.
(d) As used in sections 102(20) and 203(a)(12), the term
``critical energy resource'' means any energy resource--
(1) that is essential to the energy sector and energy
systems of the United States; and
(2) the supply chain of which is vulnerable to
disruption.
TITLE I--DECLARATION OF FINDINGS AND PURPOSES
* * * * * * *
purposes
Sec. 102. The Congress therefore declares that the
establishment of a Department of Energy is in the public
interest and will promote the general welfare by assuring
coordinated and effective administration of Federal energy
policy and programs. It is the purpose of this Act:
(1) To establish a Department of Energy in the
executive branch.
(2) To achieve, through the Department, effective
management of energy functions of the Federal
Government, including consultation with the heads of
other Federal departments and agencies in order to
encourage them to establish and observe policies
consistent with a coordinated energy policy, and to
promote maximum possible energy conservation measures
in connection with the activities within their
respective jurisdictions.
(3) To provide for a mechanism through which a
coordinated national energy policy can be formulated
and implemented to deal with the short-, mid- and long-
term energy problems of the Nation; and to develop
plans and programs for dealing with domestic energy
production and import shortages.
(4) To create and implement a comprehensive energy
conservation strategy that will receive the highest
priority in the national energy program.
(5) To carry out the planning, coordination, support,
and management of a balanced and comprehensive energy
research and development progam, including--
(A) assessing the requirements for energy
research and development;
(B) developing priorities necessary to meet
those requirements;
(C) undertaking programs for the optimal
development of the various forms of energy
production and conservation; and
(D) disseminating information resulting from
such programs, including disseminating
information on the commercial feasibility and
use of energy from fossil, nuclear, solar,
geothermal, and other energy technologies.
(6) To place major emphasis on the development and
commercial use of solar, geothermal, recycling and
other technologies utilizing renewable energy
resources.
(7) To continue and improve the effectiveness and
objectivity of a central energy data collection and
analysis program within the Department.
(8) To facilitate establishment of an effective
strategy for distributing and allocating fuels in
periods of short supply and to provide for the
administration of a national energy supply reserve.
(9) To promote the interests of consumers through the
provision of an adequate and reliable supply of energy
at the lowest reasonable cost.
(10) To establish and implement through the
Department, in coordination with the Secretaries of
State, Treasury, and Defense, policies regarding
international energy issues that have a direct impact
on research, development, utilization, supply, and
conservation of energy in the United States and to
undertake activities involving the integration of
domestic and foreign policy relating to energy,
including provision of independent technical advice to
the President on international negotiations involving
energy resources, energy technologies, or nuclear
weapons issues, except that the Secretary of State
shall continue to exercise primary authority for the
conduct of foreign policy relating to energy and
nuclear nonproliferation, pursuant to policy guidelines
established by the President.
(11) To provide for the cooperation of Federal,
State, and local governments in the development and
implementation of national energy policies and
programs.
(12) To foster and assure competition among parties
engaged in the supply of energy and fuels.
(13) To assure incorporation of national
environmental protection goals in the formulation and
implementation of energy programs, and to advance the
goals of restoring, protecting, and enhancing
environmental quality, and assuring public health and
safety.
(14) To assure, to the maximum extent practicable,
that the productive capacity of private enterprise
shall be utilized in the development and achievement of
the policies and purposes of this Act.
(15) To provide for, encourage, and assist public
participation in the development and enforcement of
national energy programs.
(16) To create an awareness of, and responsibility
for, the fuel and energy needs of rural and urban
residents as such needs pertain to home heating and
cooling, transportation, agricultural production,
electrical generation, conservation, and research and
development.
(17) To foster insofar as possible the continued good
health of the Nation's small business firms, public
utility districts, municipal utilities, and private
cooperatives involved in energy production,
transportation, research, development, demonstration,
marketing, and merchandising.
(18) To provide for the administration of the
functions of the Energy Research and Development
Administration related to nuclear weapons and national
security which are transferred to the Department by
this Act.
(19) To ensure that the Department can continue
current support of mathematics, science, and
engineering education programs by using the personnel,
facilities, equipment, and resources of its
laboratories and by working with State and local
education agencies, institutions of higher education,
and business and industry. The Department's involvement
in mathematics, science, and engineering education
should be consistent with its main mission and should
be coordinated with all Federal efforts in mathematics,
science, and engineering education, especially with the
Department of Education and the National Science
Foundation (which have the primary Federal
responsibility for mathematics, science, and
engineering education).
(20) To ensure there is an adequate and reliable
supply of critical energy resources that are essential
to the energy security of the United States.
* * * * * * *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
* * * * * * *
assistant secretaries
Sec. 203. (a) There shall be in the Department 8 Assistant
Secretaries, each of whom shall be appointed by the President,
by and with the advice and consent of the Senate; who shall be
compensated at the rate provided for at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code; and who shall perform, in accordance with applicable law,
such of the functions transferred or delegated to, or vested
in, the Secretary as he shall prescribe in accordance with the
provisions of this Act. The functions which the Secretary shall
assign to the Assistant Secretaries include, but are not
limited to, the following:
(1) Energy resource applications, including functions
dealing with management of all forms of energy
production and utilization, including fuel supply,
electric power supply, enriched uranium production,
energy technology programs, and the management of
energy resource leasing procedures on Federal lands.
(2) Energy research and development functions,
including the responsibility for policy and management
of research and development for all aspects of--
(A) solar energy resources;
(B) geothermal energy resources;
(C) recycling energy resources;
(D) the fuel cycle for fossil energy
resources; and
(E) the fuel cycle for nuclear energy
resources.
(3) Environmental responsibilities and functions,
including advising the Secretary with respect to the
conformance of the Department's activities to
environmental protection laws and principles, and
conducting a comprehensive program of research and
development on the environmental effects of energy
technologies and programs.
(4) International programs and international policy
functions, including those functions which assist in
carrying out the international energy purposes
described in section 102 of this Act.
(6) Intergovernmental policies and relations
including responsibilities for assuring that national
energy policies are reflective of and responsible to
the needs of State and local governments, and for
assuring that other components of the Department
coordinate their activities with State and local
governments, where appropriate, and develop
intergovernmental communications with State and local
governments.
(7) Competition and consumer affairs, including
responsibilities for the promotion of competition in
the energy industry and for the protection of the
consuming public in the energy policymaking processes,
and assisting the Secretary in the formulation and
analysis of policies, rules, and regulations relating
to competition and consumer affairs.
(8) Nuclear waste management responsibilities,
including--
(A) the establishment of control over
existing Government facilities for the
treatment and storage of nuclear wastes,
including all containers, casks, buildings,
vehicles, equipment, and all other materials
associated with such facilities;
(B) the establishment of control over all
existing nuclear waste in the possession or
control of the Government and all commercial
nuclear waste presently stored on other than
the site of a licensed nuclear power electric
generating facility, except that nothing in
this paragraph shall alter or effect title to
such waste;
(C) the establishment of temporary and
permanent facilities for storage, management,
and ultimate disposal of nuclear wastes;
(D) the establishment of facilities for the
treatment of nuclear wastes;
(E) the establishment of programs for the
treatment, management, storage, and disposal of
nuclear wastes;
(F) the establishment of fees or user charges
for nuclear waste treatment or storage
facilities, including fees to be charged
Government agencies; and
(G) the promulgation of such rules and
regulations to implement the authority
described in this paragraph,
except that nothing in this section shall be construed
as granting to the Department regulatory functions
presently within the Nuclear Regulatory Commission, or
any additional functions than those already conferred
by law.
(9) Energy conservation functions, including the
development of comprehensive energy conservation
strategies for the Nation, the planning and
implementation of major research and demonstration
programs for the development of technologies and
processes to reduce total energy consumption, the
administration of voluntary and mandatory energy
conservation programs, and the dissemination to the
public of all available information on energy
conservation programs and measures.
(10) Power marketing functions, including
responsibility for marketing and transmission of
Federal power.
(11) Public and congressional relations functions,
including responsibilities for providing a continuing
liaison between the Department and the Congress and the
Department and the public.
(12) Functions that relate to securing the supply of
critical energy resources, including identifying and
mitigating the effects of a disruption of such supply
on--
(A) the development and use of energy
technologies; and
(B) the operation of energy systems.
(b) At the time the name of any individual is submitted for
confirmation to the position of Assistant Secretary, the
President shall identify with particularity the function or
functions described in subsection (a) (or any portion thereof)
for which such individual will be responsible.
* * * * * * *
MINORITY VIEWS
H.R. 3617, the ``Securing America's Critical Minerals
Supply Act,'' amends the Department of Energy Organization Act
to assert the Department of Energy's (DOE) role in securing
critical energy resource supply chains. The bill directs DOE to
conduct ongoing assessments and facilitate the development of
strategies to strengthen critical energy resource supply
chains.
While the majority claims H.R. 3617 targets and supports
the development of critical minerals, including those needed
for the development of clean and renewable energy resources,
H.R. 3617 uses the term ``critical energy resource'' instead of
``critical minerals'' or ``critical materials.'' The bill
defines ``critical energy resource'' to mean ``any energy
resource that is essential to the energy sector and energy
systems of the United States.'' This definition is not
restricted to critical minerals and could be interpreted to
include a range of resources, including those that are carbon-
emitting or that support the fossil-fuel industry. The bill
also does not specify or prioritize the securing of supply
chains related to clean or renewable energy, even though the
majority claims the bill will support these industries. Without
a clear prioritization of clean energy supply chains, H.R. 3617
risks devoting additional DOE resources to supporting carbon-
emitting industries. Additionally, there is ambiguity
surrounding the definition of ``critical energy resource'' in
H.R. 3617, and how it will interact with existing DOE efforts
in the critical minerals and critical materials space. For
example, the Department of Energy maintains a list of critical
materials using the definition established in the Energy Act of
2020.\1\ The Trump Administration already showed an openness to
adding fossil fuels to the critical materials list when Energy
Secretary Chris Wright added metallurgical coal to the list.\2\
H.R. 3617 does not attempt to reconcile any of the tensions or
differences in definitions with existing directives, and
additional specificity would be needed.
---------------------------------------------------------------------------
\1\Department of Energy, Critical Minerals and Materials Program
(https://www.energy.gov/critical-minerals-materials) (accessed Mar. 21,
2023).
\2\Department of Energy, Energy Department Designates Coal Used in
Steelmaking as a Critical Material, Strengthening U.S. Energy and
Manufacturing Security (Mar. 23, 2025) (https://www.energy.gov/
articles/energy-department-designates-coal-used-steelmaking-critical-
material-strengthening-us).
---------------------------------------------------------------------------
The Biden Administration, through the Bipartisan
Infrastructure Law and the Inflation Reduction Act, took steps
to develop and onshore clean energy supply chains. For example,
the Bipartisan Infrastructure Law included $3 billion for
Battery Materials Processing Grants and $3 billion for Battery
Manufacturing and Recycling Grants.\3\ Additionally, the
Inflation Reduction Act established a series of incentives that
prioritize clean energy technologies with specific critical
minerals and manufacturing requirements, including domestic
content requirements.\4\ As a result of these investments, DOE
already plays an important role in securing clean energy supply
chains.
---------------------------------------------------------------------------
\3\The White House, A Guidebook to the Bipartisan Infrastructure
Law for State, Local, Tribal, and Territorial Governments, and Other
Partners (May 2022).
\4\The White House, Building a Clean Energy Economy: A Guidebook to
the Inflation Reduction Act's Investments in Clean Energy and Climate
Action (January 2023).
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We are also concerned that this bill gives the Trump
Administration open-ended authorities to increase the domestic
production of critical materials without any proper definitions
or substantive guardrails. The bill tasks the Secretary of
Energy with facilitating the ``development of strategies to
strengthen critical energy resource supply chains in the United
States, including by . . . increasing domestic production.''
Given the Trump Administration's blatant disregard for
environmental standards, we are concerned that vague,
additional authorities to increase domestic production will be
abused.
We acknowledge that additional work is needed to meet
increasing demand for clean energy, and, it is encouraging to
read the Majority views which acknowledge the growth of clean
energy--an industry that they have otherwise tried to undermine
at every turn. However, rather than focusing this bill and
DOE's efforts on critical minerals needed for the clean energy
transition, H.R. 3617 obscures the application of this language
to potentially include fossil fuel industries.
We support DOE's ongoing role in developing and securing
critical mineral supply chains needed for clean energy, but are
concerned that this bill is too vague. Additionally, we
acknowledge the urgent need to onshore and secure critical
minerals for the clean energy transition. However, this bill is
not the best approach. We question the assertions made in the
majority's report, which state that this bill will help the
clean energy transition.
While a narrow interpretation of this bill will help the
clean energy transition, we oppose this legislation as drafted
due to the ambiguity of the term ``critical energy resource.''
Frank Pallone, Jr.,
Ranking Member.
[all]