II 

113TH CONGRESS 

1ST SESSION S. 1600 

To facilitate the reestablishment of domestic, critical mineral designation, 

assessment, production, manufacturing, recycling, analysis, forecasting, 

workforce, education, research, and international capabilities in the 

United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2013 

Ms. MURKOWSKI (for herself, Mr. WYDEN, Mr. UDALL of Colorado, Mr. 

HELLER, Mr. ENZI, Mrs. HAGAN, Mr. THUNE, Mr. COONS, Mr. HOEVEN, 

Ms. LANDRIEU, Mr. COATS, Mr. BEGICH, Mr. RISCH, Ms. KLOBUCHAR, 

Mr. BLUNT, Mr. FRANKEN, and Mr. CRAPO) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To facilitate the reestablishment of domestic, critical mineral 

designation, assessment, production, manufacturing, recycling, analysis, forecasting, workforce, education, research, and international capabilities in the United 

States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Critical Minerals Policy Act of 2013’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—DESIGNATIONS AND POLICIES 

Sec. 101. Designations. 

Sec. 102. Policy. 

Sec. 103. Resource assessment. 

Sec. 104. Study. 

Sec. 105. Agency review and reports. 

Sec. 106. Recycling, efficiency, and supply. 

Sec. 107. Alternatives. 

Sec. 108. Analysis and forecasting. 

Sec. 109. Education and workforce. 

Sec. 110. International cooperation. 

TITLE II—MINERAL-SPECIFIC ACTIONS 

Sec. 201. Administration. 

Sec. 202. Cobalt. 

Sec. 203. Lead. 

Sec. 204. Lithium. 

Sec. 205. Thorium. 

Sec. 206. Nontraditional sources for rare earth elements. 

TITLE III—MISCELLANEOUS 

Sec. 301. Repeal; authorization offset. 

Sec. 302. Administration. 

Sec. 303. Authorization of appropriations. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) CRITICAL MINERAL.— 

6 (A) IN GENERAL.—The term ‘‘critical min7 eral’’ means any mineral or element designated 

8 as critical pursuant to section 101. 

9 (B) EXCLUSIONS.—The term ‘‘critical 

10 mineral’’ does not include— 

11 (i) fuel minerals, including oil, natural 

12 gas, or any other fossil fuels; or 


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1 (ii) water, ice, or snow. 

2 (2) CRITICAL MINERAL MANUFACTURING.—The 

3 term ‘‘critical mineral manufacturing’’ means— 

4 (A) the production, processing, refining, 

5 alloying, separation, concentration, magnetic 

6 sintering, melting, or beneficiation of critical 

7 minerals within the United States; 

8 (B) the fabrication, assembly, or produc9 tion, within the United States, of equipment, 

10 components, or other goods with energy tech11 nology-, defense-, agriculture-, consumer elec12 tronics-, or health care-related applications; or 

13 (C) any other value-added, manufacturing14 related use of critical minerals undertaken with15 in the United States. 

16 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

17 has the meaning given the term in section 4 of the 

18 Indian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 450b). 

20 (4) MILITARY EQUIPMENT.—The term ‘‘mili21 tary equipment’’ means equipment used directly by 

22 the Armed Forces to carry out military operations. 

23 (5) RARE EARTH ELEMENT.— 

24 (A) IN GENERAL.—The term ‘‘rare earth 

25 element’’ means the chemical elements in the 


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1 periodic table from lanthanum (atomic number 

2 57) up to and including lutetium (atomic num3 ber 71). 

4 (B) INCLUSIONS.—The term ‘‘rare earth 

5 element’’ includes the similar chemical elements 

6 yttrium (atomic number 39) and scandium 

7 (atomic number 21). 

8 (6) SECRETARY.— 

9 (A) TITLE I.—In title I, the term ‘‘Sec10 retary’’ means the Secretary of the Interior. 

11 (B) TITLE II.—In title II, the term ‘‘Sec12 retary’’ means the Secretary of Energy. 

13 (7) STATE.—The term ‘‘State’’ means— 

14 (A) a State; 

15 (B) the District of Columbia; 

16 (C) the Commonwealth of Puerto Rico; 

17 (D) Guam; 

18 (E) American Samoa; 

19 (F) the Commonwealth of the Northern 

20 Mariana Islands; and 

21 (G) the United States Virgin Islands. 


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1 TITLE I—DESIGNATIONS AND 

2 POLICIES 

3 SEC. 101. DESIGNATIONS. 

4 (a) DRAFT METHODOLOGY.—Not later than 90 days 

5 after the date of enactment of this Act, the Secretary shall 

6 publish in the Federal Register for public comment a draft 

7 methodology for determining which minerals qualify as 

8 critical minerals based on an assessment of whether the 

9 minerals are— 

10 (1) subject to potential supply restrictions (in11 cluding restrictions associated with foreign political 

12 risk, abrupt demand growth, military conflict, and 

13 anti-competitive or protectionist behaviors); and 

14 (2) important in use (including energy technol15 ogy-, defense-, agriculture-, consumer electronics-, 

16 and health care-related applications). 

17 (b) AVAILABILITY OF DATA.—If available data is in18 sufficient to provide a quantitative basis for the method19 ology developed under this section, qualitative evidence 

20 may be used to the extent necessary. 

21 (c) FINAL METHODOLOGY.—After reviewing public 

22 comments on the draft methodology under subsection (a) 

23 and updating the draft methodology as appropriate, not 

24 later than 270 days after the date of enactment of this 

25 Act, the Secretary shall publish in the Federal Register 


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1 a description of the final methodology for determining 

2 which minerals qualify as critical minerals. 

3 (d) DESIGNATIONS.— 

4 (1) IN GENERAL.—For purposes of carrying out 

5 this title, the Secretary shall maintain a list of min6 erals and elements designated as critical, pursuant 

7 to the methodology under subsection (c), which shall 

8 not exceed 20 minerals and elements at any given 

9 time. 

10 (2) INITIAL LIST.—Subject to paragraph (1), 

11 not later than 1 year after the date of enactment of 

12 this Act, the Secretary shall publish in the Federal 

13 Register an initial list of minerals designated as crit14 ical pursuant to the final methodology under sub15 section (c) for the purpose of carrying out this title. 

16 (e) SUBSEQUENT REVIEW.— 

17 (1) IN GENERAL.—The Secretary shall review 

18 the methodology and designations under subsections 

19 (c) and (d) at least every 5 years, or more frequently 

20 if considered appropriate by the Secretary. 

21 (2) REVISIONS.—Subject to subsection (d)(1), 

22 the Secretary may— 

23 (A) revise the methodology described in 

24 this section; 


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1 (B) determine that minerals previously de2 termined to be critical minerals are no longer 

3 critical minerals; and 

4 (C) designate additional minerals as crit5 ical minerals. 

6 (f) NOTICE.—On finalization of the methodology 

7 under subsection (c), the list under subsection (d), or any 

8 revision to the methodology or list under subsection (e), 

9 the Secretary shall submit to Congress written notice of 

10 the action. 

11 SEC. 102. POLICY. 

12 (a) IN GENERAL.—Section 3 of the National Mate13 rials and Minerals Policy, Research and Development Act 

14 of 1980 (30 U.S.C. 1602) is amended in the second sen15 tence— 

16 (1) by striking paragraph (3) and inserting the 

17 following: 

18 ‘‘(3) establish an analytical and forecasting ca19 pability for identifying critical mineral demand, sup20 ply, and other market dynamics relevant to policy 

21 formulation to allow informed actions to be taken to 

22 avoid supply shortages, mitigate price volatility, and 

23 prepare for demand growth and other market 

24 shifts;’’; 


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1 (2) in paragraph (6), by striking ‘‘and’’ after 

2 the semicolon at the end; 

3 (3) in paragraph (7), by striking the period at 

4 the end and inserting a semicolon; and 

5 (4) by adding at the end the following: 

6 ‘‘(8) encourage Federal agencies to facilitate 

7 the availability, development, and environmentally 

8 responsible production of domestic resources to meet 

9 national critical material or mineral needs; 

10 ‘‘(9) avoid duplication of effort, prevent unnec11 essary paperwork, and minimize unnecessary delays 

12 in the administration of applicable laws (including 

13 regulations) and the issuance of permits and author14 izations necessary to explore for, develop, and 

15 produce critical minerals and to construct critical 

16 mineral manufacturing facilities in accordance with 

17 applicable environmental and land management 

18 laws; 

19 ‘‘(10) strengthen educational and research ca20 pabilities and workforce training; 

21 ‘‘(11) bolster international cooperation through 

22 technology transfer, information sharing, and other 

23 means; 

24 ‘‘(12) promote the efficient production, use, and 

25 recycling of critical minerals; 


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1 ‘‘(13) develop alternatives to critical minerals; 

2 and 

3 ‘‘(14) establish contingencies for the production 

4 of, or access to, critical minerals for which viable 

5 sources do not exist within the United States.’’. 

6 (b) CONFORMING AMENDMENT.—Section 2(b) of the 

7 National Materials and Minerals Policy, Research and De8 velopment Act of 1980 (30 U.S.C. 1601(b)) is amended 

9 by striking ‘‘(b) As used in this Act, the term’’ and insert10 ing the following: 

11 ‘‘(b) DEFINITIONS.—In this Act: 

12 ‘‘(1) CRITICAL MINERAL.—The term ‘critical 

13 mineral’ means any mineral designated as a critical 

14 mineral pursuant to section 101 of the Critical Min15 erals Policy Act of 2013. 

16 ‘‘(2) MATERIALS.—The term’’. 

17 SEC. 103. RESOURCE ASSESSMENT. 

18 (a) IN GENERAL.—Not later than 4 years after the 

19 date of enactment of this Act, in consultation with applica20 ble State (including geological surveys), local, academic, 

21 industry, and other entities, the Secretary shall complete, 

22 using established resource assessment methodologies and 

23 authorities of the United States Geological Survey, a com24 prehensive national assessment of each critical mineral 

25 that— 


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1 (1) identifies and quantifies known critical min2 eral resources, using all available public and private 

3 information and datasets, including exploration his4 tories; 

5 (2) estimates the cost of production of the crit6 ical mineral resources identified and quantified 

7 under this section, using all available public and pri8 vate information and datasets, including exploration 

9 histories; 

10 (3) provides a quantitative and qualitative as11 sessment of undiscovered critical mineral resources 

12 throughout the United States on land available for 

13 mineral production, including probability estimates 

14 of tonnage and grade, using all available public and 

15 private information and datasets, including explo16 ration histories; and 

17 (4) provides qualitative information on the envi18 ronmental attributes of the critical mineral resources 

19 identified under this section. 

20 (b) SUPPLEMENTARY INFORMATION.—In carrying 

21 out this section, the Secretary (acting through the Direc22 tor of the United States Geological Survey) may carry out, 

23 consistent with applicable law, surveys necessary or appro24 priate to supplement existing information and datasets 


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1 available for determining the existence of critical minerals 

2 in the United States. 

3 (c) TECHNICAL ASSISTANCE.—At the request of the 

4 Governor of a State or the head of an Indian tribe, the 

5 Secretary may provide technical assistance to State gov6 ernments and Indian tribes conducting critical mineral re7 source assessments on non-Federal land. 

8 (d) PRIORITIZATION.— 

9 (1) IN GENERAL.—The Secretary may sequence 

10 the completion of resource assessments for each crit11 ical mineral such that critical minerals considered to 

12 be most critical under the methodology established 

13 under section 101 are completed first. 

14 (2) REPORTING.—During the period beginning 

15 not later than 1 year after the date of enactment of 

16 this Act and ending on date of the completion of all 

17 of the assessments required under this section, the 

18 Secretary shall submit to Congress on an annual 

19 basis an interim report that— 

20 (A) identifies the sequence and schedule 

21 for completion of the assessments if the Sec22 retary sequences the assessments; or 

23 (B) describes the progress of the assess24 ments if the Secretary does not sequence the 

25 assessments. 


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1 (e) UPDATES.—The Secretary may periodically up2 date the assessment conducted under this section based 

3 on— 

4 (1) the generation of new information or 

5 datasets by the Federal Government; or 

6 (2) the receipt of new information or datasets 

7 from critical mineral producers, State geological sur8 veys, academic institutions, trade associations, or 

9 other entities or individuals. 

10 SEC. 104. STUDY. 

11 The Secretary shall enter into an arrangement with 

12 the National Academy of Sciences (referred to in this sec13 tion as the ‘‘Academy’’) under which the Academy shall 

14 provide an update of the 1999 report of the Academy enti15 tled ‘‘Hardrock Mining on Federal Lands’’, prepared pur16 suant to section 120 of the Department of the Interior 

17 and Related Agencies Appropriations Act, 1999 (Public 

18 Law 105–277; 112 Stat. 2681–257), including an exam19 ination of— 

20 (1) regulatory changes implemented since 1999 

21 and the extent to which the changes address rec22 ommendations made in the report; 

23 (2) additional steps that can be taken— 

24 (A) to improve the quality and timeliness 

25 of final decisions on applications, operating 


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1 plans, leases, licenses, permits, and other use 

2 authorizations for hardrock mining activities on 

3 Federal land; 

4 (B) to prevent unnecessary or undue deg5 radation of Federal land; and 

6 (C) to improve inspection and enforcement 

7 of hardrock mine and related sites on Federal 

8 land; and 

9 (3) the number and location of abandoned 

10 hardrock mines. 

11 SEC. 105. AGENCY REVIEW AND REPORTS. 

12 (a) PERFORMANCE IMPROVEMENTS.—To improve 

13 the quality and timeliness of decisions, the Secretary (act14 ing through the Director of the Bureau of Land Manage15 ment) and the Secretary of Agriculture (acting through 

16 the Chief of the Forest Service) (referred to in this section 

17 as the ‘‘Secretaries’’) shall, to the maximum extent prac18 ticable, with respect to critical mineral production on Fed19 eral land— 

20 (1) ensure that Federal permitting and review 

21 processes inform decisionmakers and affected com22 munities about the potential positive and negative 

23 impacts of proposed mining activities; 

24 (2) ensure that mining activities are carried out 

25 in a manner that is consistent with protecting the 


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1 public health, welfare, safety, national security, and 

2 environment of the United States; and 

3 (3) execute Federal permitting and review proc4 esses, consistent with available resources, with max5 imum efficiency and effectiveness, while ensuring the 

6 health, safety, and security of communities and the 

7 environment and supporting vital economic growth, 

8 by— 

9 (A) setting and adhering to timelines and 

10 schedules for completion of reviews and for in11 spection and enforcement activities; 

12 (B) setting clear permitting performance 

13 goals and tracking progress against those goals; 

14 (C) encouraging early collaboration among 

15 agencies, project sponsors, and affected stake16 holders to incorporate and address their inter17 ests and minimize delays; 

18 (D) providing for transparency and ac19 countability by using cost-effective information 

20 technology to collect and disseminate informa21 tion about individual projects and agency per22 formance; 

23 (E) achieving early and active consultation 

24 with State, local, and tribal governments to 

25 avoid conflicts or duplication of effort, resolve 


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1 concerns, and allow for concurrent rather than 

2 sequential reviews; 

3 (F) providing demonstrable improvements 

4 in the performance of Federal permitting and 

5 review processes, including lower costs, more 

6 timely decisions, and a healthier and cleaner en7 vironment; 

8 (G) expanding and institutionalizing per9 mitting and review process improvements that 

10 have proven effective; 

11 (H) developing mechanisms to better com12 municate priorities and resolve disputes among 

13 agencies at the national and regional levels; and 

14 (I) developing other practices, such as pre15 application procedures. 

16 (b) REVIEW AND REPORT.—Not later than 180 days 

17 after the date of receipt of the report of the study under 

18 section 104, the Secretaries shall submit to Congress a 

19 report that— 

20 (1) describes the recommendations from the 

21 study under section 104 that the Secretaries have 

22 existing legal authority for and intend to implement, 

23 including estimated timelines for the implementa24 tion; 


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1 (2) identifies additional measures (including 

2 regulatory and legislative proposals, as appropriate) 

3 that would— 

4 (A) increase the effectiveness and oper5 ational efficiency of agency management of per6 mitting activities for the exploration and devel7 opment of domestic critical minerals; and 

8 (B) improve the effectiveness of environ9 mental analysis and inspection and enforcement 

10 activities relating to critical mineral-related ac11 tivities on Federal land; 

12 (3) identifies options (including cost recovery 

13 paid by applicants) for ensuring adequate staffing 

14 (including training programs) of Federal entities re15 sponsible for— 

16 (A) the consideration of applications, oper17 ating plans, leases, licenses, permits, and other 

18 use authorizations for critical mineral-related 

19 activities on Federal land; and 

20 (B) environmental analysis and inspection 

21 and enforcement activities with respect to the 

22 critical mineral-related activities; 

23 (4) in coordination with the heads of other ap24 propriate Federal agencies, assesses whether Federal 

25 laws (including regulations and tax provisions) or 


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1 policies are adversely affecting or are enhancing the 

2 global competitiveness of, or investment in, the do3 mestic critical minerals industry, including the crit4 ical minerals manufacturing industry; 

5 (5) quantifies the amount of time typically re6 quired to complete each step associated with the de7 velopment and processing of applications, operating 

8 plans, leases, licenses, permits, and other use au9 thorizations for critical mineral-related activities on 

10 Federal land; and 

11 (6) describes actions taken pursuant to sub12 section (a). 

13 (c) ANNUAL REPORTS.—Beginning with the first 

14 budget submission by the President under section 1105 

15 of title 31, United States Code, after submission to Con16 gress of the report under subsection (b), and for the next 

17 10 annual budget submissions thereafter, the Secretaries 

18 shall submit to Congress a report on— 

19 (1) the implementation of recommendations, 

20 measures, and options identified in paragraphs (1) 

21 through (3) of subsection (b); 

22 (2) achievement of, or progress towards, the 

23 target levels of performance developed under sub24 section (d); 

25 (3) actions taken under subsection (a); and 


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1 (4) the quantity, type, and estimated value (by 

2 mineral type) of— 

3 (A) critical minerals produced on Federal 

4 land; and 

5 (B) all hardrock minerals produced on 

6 Federal land. 

7 (d) METRICS OF AGENCY PERFORMANCE.— 

8 (1) ESTABLISHMENT.—Not later than 180 days 

9 after the date of the submission of the report under 

10 subsection (b), the Secretaries, after public notice 

11 and comment, shall develop and publish target levels 

12 of performance for agency management of activities 

13 associated with the exploration for and development 

14 of domestic critical minerals in accordance with ap15 plicable laws, against which actual achievement or 

16 progress can be compared, in— 

17 (A) the timeliness of decisions, taking into 

18 consideration the evaluation described in sub19 section (b)(5); 

20 (B) cost savings; and 

21 (C) improved health and environmental 

22 performance. 

23 (2) INCORPORATION IN ANNUAL PERFORMANCE

24 PLANS.—The Secretaries shall use the target levels 

25 of performance under paragraph (1) as performance 


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1 goals in the appropriate agency performance plans 

2 under section 1115 of title 31, United States Code. 

3 (e) JUDICIAL REVIEW.— 

4 (1) IN GENERAL.—Nothing in this section af5 fects the judicial review of an agency action under 

6 any provision of law. 

7 (2) CONSTRUCTION.—This section— 

8 (A) is intended to improve the internal 

9 management of the Federal Government; and 

10 (B) does not create any right or benefit, 

11 substantive or procedural, enforceable at law or 

12 equity by a party against the United States (in13 cluding an agency, instrumentality, officer, or 

14 employee) or any other person. 

15 (f) ADMINISTRATION.—Nothing in this section re16 lieves the Secretary of the Interior or the Secretary of Ag17 riculture of any obligation or duty under any other appli18 cable law (including regulations). 

19 SEC. 106. RECYCLING, EFFICIENCY, AND SUPPLY. 

20 (a) ESTABLISHMENT.—The Secretary of Energy 

21 shall conduct a program of research and development to 

22 promote the efficient production, use, and recycling of crit23 ical minerals throughout the supply chain. 

24 (b) COOPERATION.—In carrying out the program, the 

25 Secretary of Energy shall cooperate with appropriate— 


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1 (1) Federal agencies and National Laboratories; 

2 (2) critical mineral producers; 

3 (3) critical mineral processors; 

4 (4) critical mineral manufacturers; 

5 (5) trade associations; 

6 (6) academic institutions; 

7 (7) small businesses; and 

8 (8) other relevant entities or individuals. 

9 (c) ACTIVITIES.—Under the program, the Secretary 

10 of Energy shall carry out activities that include the identi11 fication and development of— 

12 (1) advanced critical mineral extraction, pro13 duction, separation, alloying, or processing tech14 nologies that decrease the energy consumption, envi15 ronmental impact, and costs of those activities, in16 cluding— 

17 (A) efficient water and wastewater man18 agement strategies; 

19 (B) technologies and management strate20 gies to control the environmental impacts of 

21 radionuclides in ore tailings; and 

22 (C) technologies for separation and proc23 essing; 


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1 (2) technologies or process improvements that 

2 minimize the use, or lead to more efficient use, of 

3 critical minerals across the full supply chain; 

4 (3) technologies, process improvements, or de5 sign optimizations that facilitate the recycling of 

6 critical minerals, and options for improving the rates 

7 of collection of products and scrap containing critical 

8 minerals from post-consumer, industrial, or other 

9 waste streams; 

10 (4) commercial markets, advanced storage 

11 methods, energy applications, and other beneficial 

12 uses of critical minerals processing byproducts; and 

13 (5) alternative minerals, metals, and materials, 

14 particularly those available in abundance within the 

15 United States and not subject to potential supply re16 strictions, that lessen the need for critical minerals. 

17 (d) REPORT.—Not later than 3 years after the date 

18 of enactment of this Act, the Secretary of Energy shall 

19 submit to Congress a report summarizing the activities, 

20 findings, and progress of the program. 

21 SEC. 107. ALTERNATIVES. 

22 (a) ESTABLISHMENT.—The Secretary of Energy 

23 shall conduct a program of research, development, dem24 onstration, and commercial application to promote the de25 velopment of alternatives to critical minerals. 


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1 (b) COOPERATION.—In carrying out the program, the 

2 Secretary of Energy shall cooperate with appropriate— 

3 (1) Federal agencies (including National Lab4 oratories); 

5 (2) critical mineral producers; 

6 (3) critical mineral manufacturers; 

7 (4) trade associations; 

8 (5) academic institutions; 

9 (6) small businesses; and 

10 (7) other relevant entities or individuals. 

11 (c) ACTIVITIES.—To lessen the need for critical min12 erals, the program under this section shall carry out activi13 ties that include the identification and development of— 

14 (1) alternative minerals, metals, and minerals 

15 used in energy technologies, particularly those that 

16 are available in abundance in the United States and 

17 are not subject to potential supply restrictions; and 

18 (2) alternative energy technologies or alter19 native designs of existing energy technologies, par20 ticularly those that use minerals in abundance in the 

21 United States and are not subject to potential sup22 ply restrictions. 

23 (d) REPORT.—Not later than 3 years after the date 

24 of enactment of this Act, the Secretary of Energy shall 


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1 submit to Congress a report summarizing the activities, 

2 findings, and progress of the program under this section. 

3 SEC. 108. ANALYSIS AND FORECASTING. 

4 (a) CAPABILITIES.—In order to evaluate existing crit5 ical mineral policies and inform future actions that may 

6 be taken to avoid supply shortages, mitigate price vola7 tility, and prepare for demand growth and other market 

8 shifts, the Secretary, in consultation with academic insti9 tutions, the Energy Information Administration, and oth10 ers in order to maximize the application of existing com11 petencies related to developing and maintaining computer12 models and similar analytical tools, shall conduct and pub13 lish the results of an annual report that includes— 

14 (1) as part of the annually published Mineral 

15 Commodity Summaries from the United States Geo16 logical Survey, a comprehensive review of critical 

17 mineral production, consumption, and recycling pat18 terns, including— 

19 (A) the quantity of each critical mineral 

20 domestically produced during the preceding 

21 year; 

22 (B) the quantity of each critical mineral 

23 domestically consumed during the preceding 

24 year; 


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1 (C) market price data for each critical 

2 mineral; 

3 (D) an assessment of— 

4 (i) critical mineral requirements to 

5 meet the national security, energy, eco6 nomic, industrial, technological, and other 

7 needs of the United States during the pre8 ceding year; 

9 (ii) the reliance of the United States 

10 on foreign sources to meet those needs 

11 during the preceding year; and 

12 (iii) the implications of any supply 

13 shortages, restrictions, or disruptions dur14 ing the preceding year; 

15 (E) the quantity of each critical mineral 

16 domestically recycled during the preceding year; 

17 (F) the market penetration during the pre18 ceding year of alternatives to each critical min19 eral; 

20 (G) a discussion of applicable international 

21 trends associated with the discovery, produc22 tion, consumption, use, costs of production, 

23 prices, and recycling of each critical mineral as 

24 well as the development of alternatives to crit25 ical minerals; and 


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1 (H) such other data, analyses, and evalua2 tions as the Secretary finds are necessary to 

3 achieve the purposes of this section; and 

4 (2) a comprehensive forecast, entitled the ‘‘An5 nual Critical Minerals Outlook’’, of projected critical 

6 mineral production, consumption, and recycling pat7 terns, including— 

8 (A) the quantity of each critical mineral 

9 projected to be domestically produced over the 

10 subsequent 1-year, 5-year, and 10-year periods; 

11 (B) the quantity of each critical mineral 

12 projected to be domestically consumed over the 

13 subsequent 1-year, 5-year, and 10-year periods; 

14 (C) market price projections for each crit15 ical mineral, to the maximum extent practicable 

16 and based on the best available information; 

17 (D) an assessment of— 

18 (i) critical mineral requirements to 

19 meet projected national security, energy, 

20 economic, industrial, technological, and 

21 other needs of the United States; 

22 (ii) the projected reliance of the 

23 United States on foreign sources to meet 

24 those needs; and 


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1 (iii) the projected implications of po2 tential supply shortages, restrictions, or 

3 disruptions; 

4 (E) the quantity of each critical mineral 

5 projected to be domestically recycled over the 

6 subsequent 1-year, 5-year, and 10-year periods; 

7 (F) the market penetration of alternatives 

8 to each critical mineral projected to take place 

9 over the subsequent 1-year, 5-year, and 10-year 

10 periods; 

11 (G) a discussion of reasonably foreseeable 

12 international trends associated with the dis13 covery, production, consumption, use, costs of 

14 production, prices, and recycling of each critical 

15 mineral as well as the development of alter16 natives to critical minerals; and 

17 (H) such other projections relating to each 

18 critical mineral as the Secretary determines to 

19 be necessary to achieve the purposes of this sec20 tion. 

21 (b) PROPRIETARY INFORMATION.—In preparing a re22 port described in subsection (a), the Secretary shall en23 sure, consistent with section 5(f) of the National Materials 

24 and Minerals Policy, Research and Development Act of 

25 1980 (30 U.S.C. 1604(f)), that— 


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1 (1) no person uses the information and data 

2 collected for the report for a purpose other than the 

3 development of or reporting of aggregate data in a 

4 manner such that the identity of the person who 

5 supplied the information is not discernible and is not 

6 material to the intended uses of the information; 

7 (2) no person discloses any information or data 

8 collected for the report unless the information or 

9 data has been transformed into a statistical or ag10 gregate form that does not allow the identification of 

11 the person who supplied particular information; and 

12 (3) procedures are established to require the 

13 withholding of any information or data collected for 

14 the report if the Secretary determines that with15 holding is necessary to protect proprietary informa16 tion, including any trade secrets or other confiden17 tial information. 

18 SEC. 109. EDUCATION AND WORKFORCE. 

19 (a) WORKFORCE ASSESSMENT.—Not later than 1 

20 year and 300 days after the date of enactment of this Act, 

21 the Secretary of Labor (in consultation with the Secretary 

22 of the Interior, the Director of the National Science Foun23 dation, and employers in the critical minerals sector) shall 

24 submit to Congress an assessment of the domestic avail25 ability of technically trained personnel necessary for critVerDate Mar 15 2010 02:18 Oct 30, 2013 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600

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1 ical mineral assessment, production, manufacturing, recy2 cling, analysis, forecasting, education, and research, in3 cluding an analysis of— 

4 (1) skills that are in the shortest supply as of 

5 the date of the assessment; 

6 (2) skills that are projected to be in short sup7 ply in the future; 

8 (3) the demographics of the critical minerals in9 dustry and how the demographics will evolve under 

10 the influence of factors such as an aging workforce; 

11 (4) the effectiveness of training and education 

12 programs in addressing skills shortages; 

13 (5) opportunities to hire locally for new and ex14 isting critical mineral activities; 

15 (6) the sufficiency of personnel within relevant 

16 areas of the Federal Government for achieving the 

17 policies described in section 3 of the National Mate18 rials and Minerals Policy, Research and Develop19 ment Act of 1980 (30 U.S.C. 1602); and 

20 (7) the potential need for new training pro21 grams to have a measurable effect on the supply of 

22 trained workers in the critical minerals industry. 

23 (b) CURRICULUM STUDY.— 

24 (1) IN GENERAL.—The Secretary and the Sec25 retary of Labor shall jointly enter into an arrangeVerDate Mar 15 2010 02:18 Oct 30, 2013 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600

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1 ment with the National Academy of Sciences and the 

2 National Academy of Engineering under which the 

3 Academies shall coordinate with the National 

4 Science Foundation on conducting a study— 

5 (A) to design an interdisciplinary program 

6 on critical minerals that will support the critical 

7 mineral supply chain and improve the ability of 

8 the United States to increase domestic, critical 

9 mineral exploration, development, and manufac10 turing; 

11 (B) to address undergraduate and grad12 uate education, especially to assist in the devel13 opment of graduate level programs of research 

14 and instruction that lead to advanced degrees 

15 with an emphasis on the critical mineral supply 

16 chain or other positions that will increase do17 mestic, critical mineral exploration, develop18 ment, and manufacturing; 

19 (C) to develop guidelines for proposals 

20 from institutions of higher education with sub21 stantial capabilities in the required disciplines 

22 to improve the critical mineral supply chain and 

23 advance the capacity of the United States to in24 crease domestic, critical mineral exploration, de25 velopment, and manufacturing; and 


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1 (D) to outline criteria for evaluating per2 formance and recommendations for the amount 

3 of funding that will be necessary to establish 

4 and carry out the grant program described in 

5 subsection (c). 

6 (2) REPORT.—Not later than 2 years after the 

7 date of enactment of this Act, the Secretary shall 

8 submit to Congress a description of the results of 

9 the study required under paragraph (1). 

10 (c) GRANT PROGRAM.— 

11 (1) ESTABLISHMENT.—The Secretary and the 

12 National Science Foundation shall jointly conduct a 

13 competitive grant program under which institutions 

14 of higher education may apply for and receive 4-year 

15 grants for— 

16 (A) startup costs for newly designated fac17 ulty positions in integrated critical mineral edu18 cation, research, innovation, training, and work19 force development programs consistent with 

20 subsection (b); 

21 (B) internships, scholarships, and fellow22 ships for students enrolled in programs related 

23 to critical minerals; and 


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1 (C) equipment necessary for integrated 

2 critical mineral innovation, training, and work3 force development programs. 

4 (2) RENEWAL.—A grant under this subsection 

5 shall be renewable for up to 2 additional 3-year 

6 terms based on performance criteria outlined under 

7 subsection (b)(1)(D). 

8 SEC. 110. INTERNATIONAL COOPERATION. 

9 (a) ESTABLISHMENT.—The Secretary of State, in co10 ordination with the Secretary and the Secretary of En11 ergy, shall carry out a program to promote international 

12 cooperation on critical mineral supply chain issues with 

13 allies of the United States. 

14 (b) ACTIVITIES.—Under the program, the Secretary 

15 of State may work with allies of the United States— 

16 (1) to increase the global, responsible produc17 tion of critical minerals, if a determination is made 

18 by the Secretary of State that there is no viable pro19 duction capacity for the critical minerals within the 

20 United States; 

21 (2) to improve the efficiency and environmental 

22 performance of extraction techniques; 

23 (3) to increase the recycling of, and deployment 

24 of alternatives to, critical minerals; 


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1 (4) to assist in the development and transfer of 

2 critical mineral extraction, processing, and manufac3 turing technologies that would have a beneficial im4 pact on world commodity markets and the environ5 ment; 

6 (5) to strengthen and maintain intellectual 

7 property protections; and 

8 (6) to facilitate the collection of information 

9 necessary for analyses and forecasts conducted pur10 suant to section 108. 

11 TITLE II—MINERAL-SPECIFIC 

12 ACTIONS 

13 SEC. 201. ADMINISTRATION. 

14 Nothing in this title or an amendment made by this 

15 title affects the methodology or designations established 

16 under section 101. 

17 SEC. 202. COBALT. 

18 (a) AUTHORIZATION.—The Secretary shall support 

19 research programs that focus on novel uses for cobalt (in20 cluding energy technologies and super-alloys), including— 

21 (1) use in energy technologies (including, for 

22 purposes of this section, rechargeable batteries, cata23 lysts, photovoltaic cells, permanent magnets, and 

24 fuel cells); 


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1 (2) use in alloys with military equipment, civil 

2 aviation, and electricity generation applications; and 

3 (3) use as coal-to-gas and coal-to-liquid cata4 lysts. 

5 (b) CATEGORIES.—Research under this section shall 

6 be conducted in— 

7 (1) a fundamental category, including labora8 tory and literature research; and 

9 (2) an applied category, including plant and 

10 field research. 

11 (c) REPORT.—Not later than 2 years after the date 

12 of enactment of this Act, the Secretary shall submit to 

13 Congress a report describing— 

14 (1) the research programs carried out under 

15 this section; 

16 (2) the findings of the programs; and 

17 (3) future research efforts planned. 

18 SEC. 203. LEAD. 

19 (a) IN GENERAL.—The Secretary shall support re20 search programs that focus on advanced lead manufac21 turing processes, including programs that— 

22 (1) contribute to the establishment of a secure, 

23 domestic supply of lead; 


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1 (2) produce technologies that represent an envi2 ronmental improvement compared to conventional 

3 production processes; or 

4 (3) produce technologies that attain a higher ef5 ficiency level compared to conventional production 

6 processes. 

7 (b) COORDINATION.—In carrying out the programs 

8 under subsection (a), the Secretary shall coordinate with 

9 other entities to promote the development of environ10 mentally responsible lead manufacturing, including— 

11 (1) other Federal agencies; 

12 (2) States with affected interests; 

13 (3) manufacturers; 

14 (4) energy technology manufacturers, including 

15 producers of batteries and other energy storage tech16 nologies; and 

17 (5) any others considered appropriate by the 

18 Secretary. 

19 SEC. 204. LITHIUM. 

20 Subtitle E of title VI of the Energy Independence and 

21 Security Act of 2007 (42 U.S.C. 17241 et seq.) is amend22 ed by adding at the end the following: 


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1 ‘‘SEC. 657. GRANTS FOR LITHIUM PRODUCTION RESEARCH 

2 AND DEVELOPMENT. 

3 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec4 tion, the term ‘eligible entity’ means— 

5 ‘‘(1) a private partnership or other entity that 

6 is— 

7 ‘‘(A) organized in accordance with Federal 

8 law; and 

9 ‘‘(B) engaged in lithium production for use 

10 in advanced battery technologies; 

11 ‘‘(2) a public entity, such as a State, tribal, or 

12 local governmental entity; or 

13 ‘‘(3) a consortium of entities described in para14 graphs (1) and (2). 

15 ‘‘(b) GRANTS.—The Secretary shall provide grants to 

16 eligible entities for research, development, demonstration, 

17 and commercial application of domestic industrial proc18 esses that are designed to enhance domestic lithium pro19 duction for use in advanced battery technologies, as deter20 mined by the Secretary. 

21 ‘‘(c) USE.—An eligible entity shall use a grant pro22 vided under this section to develop or enhance— 

23 ‘‘(1) domestic industrial processes that increase 

24 lithium production, processing, or recycling for use 

25 in advanced lithium batteries; or 


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1 ‘‘(2) industrial processes associated with new 

2 formulations of lithium feedstock for use in ad3 vanced lithium batteries.’’. 

4 SEC. 205. THORIUM. 

5 (a) STUDY.—The Secretary, in consultation with the 

6 Nuclear Regulatory Commission, shall conduct a study on 

7 the technical, economic, and policy issues (including non8 proliferation) associated with establishing a licensing 

9 pathway for the complete thorium nuclear fuel cycle (in10 cluding mining, milling, processing, fabrication, reactors, 

11 disposal, and decommissioning) that— 

12 (1) identifies the gaps in the technical knowl13 edge that could lead to a licensing pathway; and 

14 (2) considers technologies and applications for 

15 any thorium byproducts of critical mineral produc16 tion or processing. 

17 (b) COOPERATION.—In conducting the study under 

18 subsection (a), the Secretary shall cooperate with appro19 priate— 

20 (1) trade associations; 

21 (2) equipment manufacturers; 

22 (3) National Laboratories; 

23 (4) institutions of higher education; and 

24 (5) other applicable entities. 


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1 (c) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, the Secretary shall submit to 

3 Congress a report summarizing the findings of the study. 

4 SEC. 206. NONTRADITIONAL SOURCES FOR RARE EARTH 

5 ELEMENTS. 

6 (a) IN GENERAL.—The Secretary shall conduct a 

7 program to identify, research, and develop rare earth ele8 ments from nontraditional sources that— 

9 (1) identifies and assesses the technological fea10 sibility of extracting rare earth elements from non11 traditional sources; 

12 (2) develops advanced rare earth element proc13 essing technologies to increase the economic viability 

14 and improve the environmental impact of recovering 

15 rare earth elements from identified nontraditional 

16 sources; and 

17 (3) provides technical assistance to industrial 

18 partners to develop and demonstrate rare earth ele19 ment recovery from identified nontraditional sources. 

20 (b) REPORT.—Not later than 2 years after the date 

21 of enactment of this Act the Secretary shall submit to 

22 Congress a report summarizing the activities, findings, 

23 and progress of the program. 


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1 TITLE III—MISCELLANEOUS 

2 SEC. 301. REPEAL; AUTHORIZATION OFFSET. 

3 (a) REPEAL.— 

4 (1) IN GENERAL.—The National Critical Mate5 rials Act of 1984 (30 U.S.C. 1801 et seq.) is re6 pealed. 

7 (2) CONFORMING AMENDMENT.—Section 3(d) 

8 of the National Superconductivity and Competitive9 ness Act of 1988 (15 U.S.C. 5202(d)) is amended 

10 in the first sentence by striking ‘‘, with the assist11 ance of the National Critical Materials Council as 

12 specified in the National Critical Materials Act of 

13 1984 (30 U.S.C. 1801 et seq.),’’. 

14 (b) AUTHORIZATION OFFSET.—Section 207(c) of the 

15 Energy Independence and Security Act of 2007 (42 

16 U.S.C. 17022(c)) is amended by inserting before the pe17 riod at the end the following: ‘‘, except that the amount 

18 authorized to be appropriated to carry out this section not 

19 appropriated as of the date of enactment of the Critical 

20 Minerals Policy Act of 2013 shall be reduced by 

21 $60,000,000’’. 

22 SEC. 302. ADMINISTRATION. 

23 Nothing in this Act or an amendment made by this 

24 Act modifies any requirement or authority provided by the 

25 matter under the heading ‘‘GEOLOGICAL SURVEY’’ of 


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1 the first section of the Act of March 3, 1879 (43 U.S.C. 

2 31(a)). 

3 SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated to carry out 

5 this Act and the amendments made by this Act 

6 $60,000,000, of which— 

7 (1) $2,000,000 may be used to carry out sec8 tion 101, to remain available until expended; 

9 (2) $20,000,000 may be used to carry out the 

10 amendment made by section 103, to remain avail11 able until expended; 

12 (3) $2,000,000 may be used to carry out sec13 tion 104, to remain available until expended; 

14 (4) $8,000,000 may be used to carry out sec15 tion 105, to remain available until expended; 

16 (5) $1,5000,000 for each of fiscal years 2014 

17 and 2015 may be used to carry out each of sections 

18 106 and 107, to remain available until expended; 

19 (6) $4,000,000 for each of fiscal years 2014 

20 and 2015 may be used to carry out section 108, to 

21 remain available until expended; 

22 (7) $2,000,000 for each of fiscal years 2014 

23 and 2015 may be used to carry out section 109, to 

24 remain available until expended; 


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1 (8) $500,000 for each of fiscal years 2014 and 

2 2015 may be used to carry out section 110, to re3 main available until expended; 

4 (9) $1,000,000 for each of fiscal years 2014 

5 and 2015 may be used to carry out each of sections 

6 202, 203, 204, and 206 and the amendments made 

7 by those sections; and 

8 (10) $1,000,000 may be used to carry out sec9 tion 205, to remain available until expended. 

Æ 


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