II 

Calendar No. 251 

116TH CONGRESS 

1ST SESSION S. 1317 

[Report No. 116–131] 

To facilitate the availability, development, and environmentally responsible 

production of domestic resources to meet national material or critical 

mineral needs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2019 

Ms. MURKOWSKI (for herself, Mr. MANCHIN, Mr. SULLIVAN, Ms. MCSALLY, 

Mr. CRAMER, Mr. RISCH, Mr. JONES, Mr. TILLIS, Mr. BARRASSO, Mrs. 

CAPITO, Mr. CRAPO, and Mr. DAINES) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

OCTOBER 22, 2019 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To facilitate the availability, development, and environmentally responsible production of domestic resources to 

meet national material or critical mineral needs, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘American Mineral Se3 curity Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) CRITICAL MINERAL.— 

7 (A) IN GENERAL.—The term ‘‘critical min8 eral’’ means any mineral, element, substance, or 

9 material designated as critical by the Secretary 

10 under section 4. 

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

12 mineral’’ does not include— 

13 (i) fuel minerals, including oil, natural 

14 gas, or any other fossil fuels; or 

15 (ii) water, ice, or snow. 

16 (2) CRITICAL MINERAL MANUFACTURING.—The 

17 term ‘‘critical mineral manufacturing’’ means— 

18 (A) the exploration, development, mining, 

19 production, processing, refining, alloying, sepa20 ration, concentration, magnetic sintering, melt21 ing, or beneficiation of critical minerals within 

22 the United States; 

23 (B) the fabrication, assembly, or produc24 tion, within the United States, of equipment, 

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1 nology-, defense-, agriculture-, consumer elec2 tronics-, or health care-related applications; or 

3 (C) any other value-added, manufacturing4 related use of critical minerals undertaken with5 in the United States. 

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

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

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 5304). 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (5) STATE.—The term ‘‘State’’ means— 

13 (A) a State; 

14 (B) the District of Columbia; 

15 (C) the Commonwealth of Puerto Rico; 

16 (D) Guam; 

17 (E) American Samoa; 

18 (F) the Commonwealth of the Northern 

19 Mariana Islands; and 

20 (G) the United States Virgin Islands. 

21 SEC. 3. POLICY. 

22 (a) IN GENERAL.—Section 3 of the National Mate23 rials and Minerals Policy, Research and Development Act 

24 of 1980 (30 U.S.C. 1602) is amended in the second sen25 tence— 


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

2 following: 

3 ‘‘(3) establish an analytical and forecasting ca4 pability for identifying critical mineral demand, sup5 ply, and other factors to allow informed actions to 

6 be taken to avoid supply shortages, mitigate price 

7 volatility, and prepare for demand growth and other 

8 market shifts;’’; 

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

10 the semicolon at the end; and 

11 (3) by striking paragraph (7) and inserting the 

12 following: 

13 ‘‘(7) facilitate the availability, development, and 

14 environmentally responsible production of domestic 

15 resources to meet national material or critical min16 eral needs; 

17 ‘‘(8) avoid duplication of effort, prevent unnec18 essary paperwork, and minimize delays in the ad19 ministration of applicable laws (including regula20 tions) and the issuance of permits and authoriza21 tions necessary to explore for, develop, and produce 

22 critical minerals and to construct critical mineral 

23 manufacturing facilities in accordance with applica24 ble environmental and land management laws; 

25 ‘‘(9) strengthen— 


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1 ‘‘(A) educational and research capabilities 

2 at not lower than the secondary school level; 

3 and 

4 ‘‘(B) workforce training for exploration 

5 and development of critical minerals and critical 

6 mineral manufacturing; 

7 ‘‘(10) bolster international cooperation through 

8 technology transfer, information sharing, and other 

9 means; 

10 ‘‘(11) promote the efficient production, use, and 

11 recycling of critical minerals; 

12 ‘‘(12) develop alternatives to critical minerals; 

13 and 

14 ‘‘(13) establish contingencies for the production 

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

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

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

18 National Materials and Minerals Policy, Research and De19 velopment Act of 1980 (30 U.S.C. 1601(b)) is amended 

20 by striking ‘‘(b) As used in this Act, the term’’ and insert21 ing the following: 

22 ‘‘(b) DEFINITIONS.—In this Act: 

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

24 mineral’ means any mineral, element, substance, or 

25 material designated as critical by the Secretary 


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1 under section 4 of the American Mineral Security 

2 Act. 

3 ‘‘(2) MATERIALS.—The term’’. 

4 SEC. 4. CRITICAL MINERAL DESIGNATIONS. 

5 (a) DRAFT METHODOLOGY AND LIST.—The Sec6 retary, acting through the Director of the United States 

7 Geological Survey (referred to in this section as the ‘‘Sec8 retary’’), shall publish in the Federal Register for public 

9 comment— 

10 (1) a description of the draft methodology used 

11 to identify a draft list of critical minerals; and 

12 (2) a draft list of minerals, elements, sub13 stances, and materials that qualify as critical min14 erals. 

15 (b) AVAILABILITY OF DATA.—If available data is in16 sufficient to provide a quantitative basis for the method17 ology developed under this section, qualitative evidence 

18 may be used to the extent necessary. 

19 (c) FINAL METHODOLOGY AND LIST.—After review20 ing public comments on the draft methodology and the 

21 draft list of critical minerals published under subsection 

22 (a) and updating the methodology and list as appropriate, 

23 not later than 45 days after the date on which the public 

24 comment period with respect to the draft methodology and 


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1 draft list closes, the Secretary shall publish in the Federal 

2 Register— 

3 (1) a description of the final methodology for 

4 determining which minerals, elements, substances, 

5 and materials qualify as critical minerals; and 

6 (2) the final list of critical minerals. 

7 (d) DESIGNATIONS.— 

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

9 this section, the Secretary shall maintain a list of 

10 minerals, elements, substances, and materials des11 ignated as critical, pursuant to the final method12 ology published under subsection (c), that the Sec13 retary determines— 

14 (A) are essential to the economic or na15 tional security of the United States; 

16 (B) the supply chain of which is vulnerable 

17 to disruption (including restrictions associated 

18 with foreign political risk, abrupt demand 

19 growth, military conflict, violent unrest, anti20 competitive or protectionist behaviors, and other 

21 risks throughout the supply chain); and 

22 (C) serve an essential function in the man23 ufacturing of a product (including energy tech24 nology-, defense-, currency-, agriculture-, con25 sumer electronics-, and health care-related apVerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1317.RS S1317

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1 plications), the absence of which would have 

2 significant consequences for the economic or na3 tional security of the United States. 

4 (2) INCLUSIONS.—Notwithstanding the criteria 

5 under subsection (c), the Secretary may designate 

6 and include on the list any mineral, element, sub7 stance, or material determined by another Federal 

8 agency to be strategic and critical to the defense or 

9 national security of the United States. 

10 (3) REQUIRED CONSULTATION.—The Secretary 

11 shall consult with the Secretaries of Defense, Com12 merce, Agriculture, and Energy and the United 

13 States Trade Representative in designating minerals, 

14 elements, substances, and materials as critical under 

15 this subsection. 

16 (e) SUBSEQUENT REVIEW.— 

17 (1) IN GENERAL.—The Secretary, in consulta18 tion with the Secretaries of Defense, Commerce, Ag19 riculture, and Energy and the United States Trade 

20 Representative, shall review the methodology and list 

21 under subsection (c) and the designations under sub22 section (d) at least every 3 years, or more frequently 

23 as the Secretary considers to be appropriate. 

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

25 the Secretary may— 


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1 (A) revise the methodology described in 

2 this section; 

3 (B) determine that minerals, elements, 

4 substances, and materials previously determined 

5 to be critical minerals are no longer critical 

6 minerals; and 

7 (C) designate additional minerals, ele8 ments, substances, or materials as critical min9 erals. 

10 (f) NOTICE.—On finalization of the methodology and 

11 the list under subsection (c), or any revision to the meth12 odology or list under subsection (e), the Secretary shall 

13 submit to Congress written notice of the action. 

14 SEC. 5. RESOURCE ASSESSMENT. 

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

16 date of enactment of this Act, in consultation with applica17 ble State (including geological surveys), local, academic, 

18 industry, and other entities, the Secretary shall complete 

19 a comprehensive national assessment of each critical min20 eral that— 

21 (1) identifies and quantifies known critical min22 eral resources, using all available public and private 

23 information and datasets, including exploration his24 tories; and 


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1 (2) provides a quantitative and qualitative as2 sessment of undiscovered critical mineral resources 

3 throughout the United States, including probability 

4 estimates of tonnage and grade, using all available 

5 public and private information and datasets, includ6 ing exploration histories. 

7 (b) SUPPLEMENTARY INFORMATION.—In carrying 

8 out this section, the Secretary may carry out surveys and 

9 field work (including drilling, remote sensing, geophysical 

10 surveys, topographical and geological mapping, and geo11 chemical sampling and analysis) to supplement existing in12 formation and datasets available for determining the exist13 ence of critical minerals in the United States. 

14 (c) PUBLIC ACCESS.—Subject to applicable law, to 

15 the maximum extent practicable, the Secretary shall make 

16 all data and metadata collected from the comprehensive 

17 national assessment carried out under subsection (a) pub18 lically and electronically accessible. 

19 (d) TECHNICAL ASSISTANCE.—At the request of the 

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

21 Secretary may provide technical assistance to State gov22 ernments and Indian tribes conducting critical mineral re23 source assessments on non-Federal land. 

24 (e) PRIORITIZATION.— 


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

2 the completion of resource assessments for each crit3 ical mineral such that critical minerals considered to 

4 be most critical under the methodology established 

5 under section 4 are completed first. 

6 (2) REPORTING.—During the period beginning 

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

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

9 of the assessments required under this section, the 

10 Secretary shall submit to Congress on an annual 

11 basis an interim report that— 

12 (A) identifies the sequence and schedule 

13 for completion of the assessments if the Sec14 retary sequences the assessments; or 

15 (B) describes the progress of the assess16 ments if the Secretary does not sequence the 

17 assessments. 

18 (f) UPDATES.—The Secretary may periodically up19 date the assessments conducted under this section based 

20 on— 

21 (1) the generation of new information or 

22 datasets by the Federal Government; or 

23 (2) the receipt of new information or datasets 

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1 veys, academic institutions, trade associations, or 

2 other persons. 

3 (g) ADDITIONAL SURVEYS.—The Secretary shall 

4 complete a resource assessment for each additional min5 eral or element subsequently designated as a critical min6 eral under section 4(e)(2) not later than 2 years after the 

7 designation of the mineral or element. 

8 (h) REPORT.—Not later than 2 years after the date 

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

10 Congress a report describing the status of geological sur11 veying of Federal land for any mineral commodity— 

12 (1) for which the United States was dependent 

13 on a foreign country for more than 25 percent of the 

14 United States supply, as depicted in the report 

15 issued by the United States Geological Survey enti16 tled ‘‘Mineral Commodity Summaries 2019’’; but 

17 (2) that is not designated as a critical mineral 

18 under section 4. 

19 SEC. 6. PERMITTING. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) critical minerals are fundamental to the 

23 economy, competitiveness, and security of the United 

24 States; 


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1 (2) to the maximum extent practicable, the crit2 ical mineral needs of the United States should be 

3 satisfied by minerals responsibly produced and recy4 cled in the United States; and 

5 (3) the Federal permitting process has been 

6 identified as an impediment to mineral production 

7 and the mineral security of the United States. 

8 (b) PERFORMANCE IMPROVEMENTS.—To improve 

9 the quality and timeliness of decisions, the Secretary (act10 ing through the Director of the Bureau of Land Manage11 ment) and the Secretary of Agriculture (acting through 

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

13 as the ‘‘Secretaries’’) shall, to the maximum extent prac14 ticable, with respect to critical mineral production on Fed15 eral land, complete Federal permitting and review proc16 esses with maximum efficiency and effectiveness, while 

17 supporting vital economic growth, by— 

18 (1) establishing and adhering to timelines and 

19 schedules for the consideration of, and final deci20 sions regarding, applications, operating plans, leases, 

21 licenses, permits, and other use authorizations for 

22 mineral-related activities on Federal land; 

23 (2) establishing clear, quantifiable, and tem24 poral permitting performance goals and tracking 

25 progress against those goals; 


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1 (3) engaging in early collaboration among agen2 cies, project sponsors, and affected stakeholders— 

3 (A) to incorporate and address the inter4 ests of those parties; and 

5 (B) to minimize delays; 

6 (4) ensuring transparency and accountability by 

7 using cost-effective information technology to collect 

8 and disseminate information regarding individual 

9 projects and agency performance; 

10 (5) engaging in early and active consultation 

11 with State, local, and Indian tribal governments to 

12 avoid conflicts or duplication of effort, resolve con13 cerns, and allow for concurrent, rather than sequen14 tial, reviews; 

15 (6) providing demonstrable improvements in the 

16 performance of Federal permitting and review proc17 esses, including lower costs and more timely deci18 sions; 

19 (7) expanding and institutionalizing permitting 

20 and review process improvements that have proven 

21 effective; 

22 (8) developing mechanisms to better commu23 nicate priorities and resolve disputes among agencies 

24 at the national, regional, State, and local levels; and 


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1 (9) developing other practices, such as 

2 preapplication procedures. 

3 (c) REVIEW AND REPORT.—Not later than 1 year 

4 after the date of enactment of this Act, the Secretaries 

5 shall submit to Congress a report that— 

6 (1) identifies additional measures (including 

7 regulatory and legislative proposals, as appropriate) 

8 that would increase the timeliness of permitting ac9 tivities for the exploration and development of do10 mestic critical minerals; 

11 (2) identifies options (including cost recovery 

12 paid by permit applicants) for ensuring adequate 

13 staffing and training of Federal entities and per14 sonnel responsible for the consideration of applica15 tions, operating plans, leases, licenses, permits, and 

16 other use authorizations for critical mineral-related 

17 activities on Federal land; 

18 (3) quantifies the amount of time typically re19 quired (including range derived from minimum and 

20 maximum durations, mean, median, variance, and 

21 other statistical measures or representations) to 

22 complete each step (including those aspects outside 

23 the control of the executive branch, such as judicial 

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1 ment and processing of applications, operating 

2 plans, leases, licenses, permits, and other use au3 thorizations for critical mineral-related activities on 

4 Federal land, which shall serve as a baseline for the 

5 performance metric under subsection (d); and 

6 (4) describes actions carried out pursuant to 

7 subsection (b). 

8 (d) PERFORMANCE METRIC.—Not later than 90 days 

9 after the date of submission of the report under subsection 

10 (c), the Secretaries, after providing public notice and an 

11 opportunity to comment, shall develop and publish a per12 formance metric for evaluating the progress made by the 

13 executive branch to expedite the permitting of activities 

14 that will increase exploration for, and development of, do15 mestic critical minerals, while maintaining environmental 

16 standards. 

17 (e) ANNUAL REPORTS.—Beginning with the first 

18 budget submission by the President under section 1105 

19 of title 31, United States Code, after publication of the 

20 performance metric required under subsection (d), and an21 nually thereafter, the Secretaries shall submit to Congress 

22 a report that— 

23 (1) summarizes the implementation of rec24 ommendations, measures, and options identified in 

25 paragraphs (1) and (2) of subsection (c); 


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1 (2) using the performance metric under sub2 section (d), describes progress made by the executive 

3 branch, as compared to the baseline established pur4 suant to subsection (c)(3), on expediting the permit5 ting of activities that will increase exploration for, 

6 and development of, domestic critical minerals; and 

7 (3) compares the United States to other coun8 tries in terms of permitting efficiency and any other 

9 criteria relevant to the globally competitive critical 

10 minerals industry. 

11 (f) INDIVIDUAL PROJECTS.—Using data from the 

12 Secretaries generated under subsection (e), the Director 

13 of the Office of Management and Budget shall prioritize 

14 inclusion of individual critical mineral projects on the 

15 website operated by the Office of Management and Budget 

16 in accordance with section 1122 of title 31, United States 

17 Code. 

18 (g) REPORT OF SMALL BUSINESS ADMINISTRA19 TION.—Not later than 1 year and 300 days after the date 

20 of enactment of this Act, the Administrator of the Small 

21 Business Administration shall submit to the applicable 

22 committees of Congress a report that assesses the per23 formance of Federal agencies with respect to— 

24 (1) complying with chapter 6 of title 5, United 

25 States Code (commonly known as the ‘‘Regulatory 


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1 Flexibility Act’’), in promulgating regulations appli2 cable to the critical minerals industry; and 

3 (2) performing an analysis of regulations appli4 cable to the critical minerals industry that may be 

5 outmoded, inefficient, duplicative, or excessively bur6 densome. 

7 (h) APPLICATION.—Section 41001(6)(A) of the 

8 FAST Act (42 U.S.C. 4370m(6)(A)) is amended in the 

9 matter preceding clause (i) by inserting ‘‘(including crit10 ical mineral manufacturing (as defined in section 2 of the 

11 American Mineral Security Act))’’ after ‘‘manufacturing’’. 

12 SEC. 7. FEDERAL REGISTER PROCESS. 

13 (a) DEPARTMENTAL REVIEW.—Absent any extraor14 dinary circumstance, and except as otherwise required by 

15 law, the Secretary and the Secretary of Agriculture shall 

16 ensure that each Federal Register notice described in sub17 section (b) shall be— 

18 (1) subject to any required reviews within the 

19 Department of the Interior or the Department of 

20 Agriculture; and 

21 (2) published in final form in the Federal Reg22 ister not later than 45 days after the date of initial 

23 preparation of the notice. 

24 (b) PREPARATION.—The preparation of Federal Reg25 ister notices required by law associated with the issuance 


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1 of a critical mineral exploration or mine permit shall be 

2 delegated to the organizational level within the agency re3 sponsible for issuing the critical mineral exploration or 

4 mine permit. 

5 (c) TRANSMISSION.—All Federal Register notices re6 garding official document availability, announcements of 

7 meetings, or notices of intent to undertake an action shall 

8 be originated in, and transmitted to the Federal Register 

9 from, the office in which, as applicable— 

10 (1) the documents or meetings are held; or 

11 (2) the activity is initiated. 

12 SEC. 8. RECYCLING, EFFICIENCY, AND ALTERNATIVES. 

13 (a) ESTABLISHMENT.—The Secretary of Energy (re14 ferred to in this section as the ‘‘Secretary’’) shall conduct 

15 a program of research and development— 

16 (1) to promote the efficient production, use, 

17 and recycling of critical minerals throughout the 

18 supply chain; and 

19 (2) to develop alternatives to critical minerals 

20 that do not occur in significant abundance in the 

21 United States. 

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

23 Secretary shall cooperate with appropriate— 

24 (1) Federal agencies and National Laboratories; 

25 (2) critical mineral producers; 


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1 (3) critical mineral processors; 

2 (4) critical mineral manufacturers; 

3 (5) trade associations; 

4 (6) academic institutions; 

5 (7) small businesses; and 

6 (8) other relevant entities or individuals. 

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

8 shall carry out activities that include the identification and 

9 development of— 

10 (1) advanced critical mineral extraction, pro11 duction, separation, alloying, or processing tech12 nologies that decrease the energy consumption, envi13 ronmental impact, and costs of those activities, in14 cluding— 

15 (A) efficient water and wastewater man16 agement strategies; 

17 (B) technologies and management strate18 gies to control the environmental impacts of 

19 radionuclides in ore tailings; and 

20 (C) technologies for separation and proc21 essing; 

22 (2) technologies or process improvements that 

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

24 critical minerals across the full supply chain; 


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1 (3) technologies, process improvements, or de2 sign optimizations that facilitate the recycling of 

3 critical minerals, and options for improving the rates 

4 of collection of products and scrap containing critical 

5 minerals from post-consumer, industrial, or other 

6 waste streams; 

7 (4) commercial markets, advanced storage 

8 methods, energy applications, and other beneficial 

9 uses of critical minerals processing byproducts; 

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

11 particularly those available in abundance within the 

12 United States and not subject to potential supply re13 strictions, that lessen the need for critical minerals; 

14 and 

15 (6) alternative energy technologies or alter16 native designs of existing energy technologies, par17 ticularly those that use minerals that— 

18 (A) occur in abundance in the United 

19 States; and 

20 (B) are not subject to potential supply re21 strictions. 

22 (d) REPORTS.—Not later than 2 years after the date 

23 of enactment of this Act, and annually thereafter, the Sec24 retary shall submit to Congress a report summarizing the 

25 activities, findings, and progress of the program. 


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1 SEC. 9. ANALYSIS AND FORECASTING. 

2 (a) CAPABILITIES.—In order to evaluate existing crit3 ical mineral policies and inform future actions that may 

4 be taken to avoid supply shortages, mitigate price vola5 tility, and prepare for demand growth and other market 

6 shifts, the Secretary, in consultation with the Energy In7 formation Administration, academic institutions, and oth8 ers in order to maximize the application of existing com9 petencies related to developing and maintaining computer10 models and similar analytical tools, shall conduct and pub11 lish the results of an annual report that includes— 

12 (1) as part of the annually published Mineral 

13 Commodity Summaries from the United States Geo14 logical Survey, a comprehensive review of critical 

15 mineral production, consumption, and recycling pat16 terns, including— 

17 (A) the quantity of each critical mineral 

18 domestically produced during the preceding 

19 year; 

20 (B) the quantity of each critical mineral 

21 domestically consumed during the preceding 

22 year; 

23 (C) market price data or other price data 

24 for each critical mineral; 

25 (D) an assessment of— 


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1 (i) critical mineral requirements to 

2 meet the national security, energy, eco3 nomic, industrial, technological, and other 

4 needs of the United States during the pre5 ceding year; 

6 (ii) the reliance of the United States 

7 on foreign sources to meet those needs 

8 during the preceding year; and 

9 (iii) the implications of any supply 

10 shortages, restrictions, or disruptions dur11 ing the preceding year; 

12 (E) the quantity of each critical mineral 

13 domestically recycled during the preceding year; 

14 (F) the market penetration during the pre15 ceding year of alternatives to each critical min16 eral; 

17 (G) a discussion of international trends as18 sociated with the discovery, production, con19 sumption, use, costs of production, prices, and 

20 recycling of each critical mineral as well as the 

21 development of alternatives to critical minerals; 

22 and 

23 (H) such other data, analyses, and evalua24 tions as the Secretary finds are necessary to 

25 achieve the purposes of this section; and 


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1 (2) a comprehensive forecast, entitled the ‘‘An2 nual Critical Minerals Outlook’’, of projected critical 

3 mineral production, consumption, and recycling pat4 terns, including— 

5 (A) the quantity of each critical mineral 

6 projected to be domestically produced over the 

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

8 (B) the quantity of each critical mineral 

9 projected to be domestically consumed over the 

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

11 (C) an assessment of— 

12 (i) critical mineral requirements to 

13 meet projected national security, energy, 

14 economic, industrial, technological, and 

15 other needs of the United States; 

16 (ii) the projected reliance of the 

17 United States on foreign sources to meet 

18 those needs; and 

19 (iii) the projected implications of po20 tential supply shortages, restrictions, or 

21 disruptions; 

22 (D) the quantity of each critical mineral 

23 projected to be domestically recycled over the 

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


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1 (E) the market penetration of alternatives 

2 to each critical mineral projected to take place 

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

4 periods; 

5 (F) a discussion of reasonably foreseeable 

6 international trends associated with the dis7 covery, production, consumption, use, costs of 

8 production, and recycling of each critical min9 eral as well as the development of alternatives 

10 to critical minerals; and 

11 (G) such other projections relating to each 

12 critical mineral as the Secretary determines to 

13 be necessary to achieve the purposes of this sec14 tion. 

15 (b) PROPRIETARY INFORMATION.—In preparing a re16 port described in subsection (a), the Secretary shall en17 sure, consistent with section 5(f) of the National Materials 

18 and Minerals Policy, Research and Development Act of 

19 1980 (30 U.S.C. 1604(f)), that— 

20 (1) no person uses the information and data 

21 collected for the report for a purpose other than the 

22 development of or reporting of aggregate data in a 

23 manner such that the identity of the person or firm 

24 who supplied the information is not discernible and 


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1 is not material to the intended uses of the informa2 tion; 

3 (2) no person discloses any information or data 

4 collected for the report unless the information or 

5 data has been transformed into a statistical or ag6 gregate form that does not allow the identification of 

7 the person or firm who supplied particular informa8 tion; and 

9 (3) procedures are established to require the 

10 withholding of any information or data collected for 

11 the report if the Secretary determines that with12 holding is necessary to protect proprietary informa13 tion, including any trade secrets or other confiden14 tial information. 

15 SEC. 10. EDUCATION AND WORKFORCE. 

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

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

18 the Secretary of Labor (in consultation with the Secretary, 

19 the Director of the National Science Foundation, institu20 tions of higher education with substantial expertise in 

21 mining, institutions of higher education with significant 

22 expertise in minerals research, including fundamental re23 search into alternatives, and employers in the critical min24 erals sector) shall submit to Congress an assessment of 

25 the domestic availability of technically trained personnel 


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1 necessary for critical mineral exploration, development, as2 sessment, production, manufacturing, recycling, analysis, 

3 forecasting, education, and research, including an analysis 

4 of— 

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

6 the date of the assessment; 

7 (2) skills that are projected to be in short sup8 ply in the future; 

9 (3) the demographics of the critical minerals in10 dustry and how the demographics will evolve under 

11 the influence of factors such as an aging workforce; 

12 (4) the effectiveness of training and education 

13 programs in addressing skills shortages; 

14 (5) opportunities to hire locally for new and ex15 isting critical mineral activities; 

16 (6) the sufficiency of personnel within relevant 

17 areas of the Federal Government for achieving the 

18 policies described in section 3 of the National Mate19 rials and Minerals Policy, Research and Develop20 ment Act of 1980 (30 U.S.C. 1602); and 

21 (7) the potential need for new training pro22 grams to have a measurable effect on the supply of 

23 trained workers in the critical minerals industry. 

24 (b) CURRICULUM STUDY.— 


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1 (1) IN GENERAL.—The Secretary and the Sec2 retary of Labor shall jointly enter into an arrange3 ment with the National Academy of Sciences and the 

4 National Academy of Engineering under which the 

5 Academies shall coordinate with the National 

6 Science Foundation on conducting a study— 

7 (A) to design an interdisciplinary program 

8 on critical minerals that will support the critical 

9 mineral supply chain and improve the ability of 

10 the United States to increase domestic, critical 

11 mineral exploration, development, production, 

12 manufacturing, research, including fundamental 

13 research into alternatives, and recycling; 

14 (B) to address undergraduate and grad15 uate education, especially to assist in the devel16 opment of graduate level programs of research 

17 and instruction that lead to advanced degrees 

18 with an emphasis on the critical mineral supply 

19 chain or other positions that will increase do20 mestic, critical mineral exploration, develop21 ment, production, manufacturing, research, in22 cluding fundamental research into alternatives, 

23 and recycling; 

24 (C) to develop guidelines for proposals 

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1 stantial capabilities in the required disciplines 

2 for activities to improve the critical mineral 

3 supply chain and advance the capacity of the 

4 United States to increase domestic, critical min5 eral exploration, research, development, produc6 tion, manufacturing, and recycling; and 

7 (D) to outline criteria for evaluating per8 formance and recommendations for the amount 

9 of funding that will be necessary to establish 

10 and carry out the program described in sub11 section (c). 

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

13 date of enactment of this Act, the Secretary shall 

14 submit to Congress a description of the results of 

15 the study required under paragraph (1). 

16 (c) PROGRAM.— 

17 (1) ESTABLISHMENT.—The Secretary and the 

18 Secretary of Labor shall jointly conduct a competi19 tive grant program under which institutions of high20 er education may apply for and receive 4-year grants 

21 for— 

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1 force development programs consistent with 

2 subsection (b); 

3 (B) internships, scholarships, and fellow4 ships for students enrolled in programs related 

5 to critical minerals; 

6 (C) equipment necessary for integrated 

7 critical mineral innovation, training, and work8 force development programs; and 

9 (D) research of critical minerals and their 

10 applications, particularly concerning the manu11 facture of critical components vital to national 

12 security. 

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

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

15 terms based on performance criteria outlined under 

16 subsection (b)(1)(D). 

17 SEC. 11. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA 

18 PRESERVATION PROGRAM. 

19 Section 351(k) of the Energy Policy Act of 2005 (42 

20 U.S.C. 15908(k)) is amended by striking ‘‘$30,000,000 

21 for each of fiscal years 2006 through 2010’’ and inserting 

22 ‘‘$5,000,000 for each of fiscal years 2020 through 2029, 

23 to remain available until expended’’. 


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1 SEC. 12. ADMINISTRATION. 

2 (a) IN GENERAL.—The National Critical Materials 

3 Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. 

4 (b) CONFORMING AMENDMENT.—Section 3(d) of the 

5 National Superconductivity and Competitiveness Act of 

6 1988 (15 U.S.C. 5202(d)) is amended in the first sentence 

7 by striking ‘‘, with the assistance of the National Critical 

8 Materials Council as specified in the National Critical Ma9 terials Act of 1984 (30 U.S.C. 1801 et seq.),’’. 

10 (c) SAVINGS CLAUSES.— 

11 (1) IN GENERAL.—Nothing in this Act or an 

12 amendment made by this Act modifies any require13 ment or authority provided by— 

14 (A) the matter under the heading ‘‘GEO15 LOGICAL SURVEY’’ of the first section of the 

16 Act of March 3, 1879 (43 U.S.C. 31(a)); or 

17 (B) the first section of Public Law 87–626 

18 (43 U.S.C. 31(b)). 

19 (2) EFFECT ON DEPARTMENT OF DEFENSE.— 

20 Nothing in this Act or an amendment made by this 

21 Act affects the authority of the Secretary of Defense 

22 with respect to the work of the Department of De23 fense on critical material supplies in furtherance of 

24 the national defense mission of the Department of 

25 Defense. 


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1 (3) SECRETARIAL ORDER NOT AFFECTED.— 

2 This Act shall not apply to any mineral described in 

3 Secretarial Order No. 3324, issued by the Secretary 

4 of the Interior on December 3, 2012, in any area to 

5 which the order applies. 

6 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated to carry out 

8 this Act $50,000,000 for each of fiscal years 2020 through 

9 2029. 

10 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

12 ‘‘American Mineral Security Act’’. 

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

14 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AMERICAN MINERAL SECURITY 

Sec. 101. Definitions. 

Sec. 102. Policy. 

Sec. 103. Critical mineral designations. 

Sec. 104. Resource assessment. 

Sec. 105. Permitting. 

Sec. 106. Federal Register process. 

Sec. 107. Recycling, efficiency, and alternatives. 

Sec. 108. Analysis and forecasting. 

Sec. 109. Education and workforce. 

Sec. 110. National geological and geophysical data preservation program. 

Sec. 111. Administration. 

Sec. 112. Authorization of appropriations. 

TITLE II—RARE EARTH ELEMENT ADVANCED COAL 

TECHNOLOGIES 

Sec. 201. Program for extraction and recovery of rare earth elements and minerals from coal and coal byproducts. 

Sec. 202. Report. 


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1 TITLE I—AMERICAN MINERAL 

2 SECURITY 

3 SEC. 101. DEFINITIONS. 

4 In this title: 

5 (1) BYPRODUCT.—The term ‘‘byproduct’’ means 

6 a critical mineral— 

7 (A) the recovery of which depends on the 

8 production of a host mineral that is not des9 ignated as a critical mineral; and 

10 (B) that exists in sufficient quantities to be 

11 recovered during processing or refining. 

12 (2) CRITICAL MINERAL.— 

13 (A) IN GENERAL.—The term ‘‘critical min14 eral’’ means any mineral, element, substance, or 

15 material designated as critical by the Secretary 

16 under section 103. 

17 (B) EXCLUSIONS.—The term ‘‘critical min18 eral’’ does not include— 

19 (i) fuel minerals, including oil, natural 

20 gas, or any other fossil fuels; or 

21 (ii) water, ice, or snow. 

22 (3) CRITICAL MINERAL MANUFACTURING.—The 

23 term ‘‘critical mineral manufacturing’’ means— 

24 (A) the exploration, development, mining, 

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1 ration, concentration, magnetic sintering, melt2 ing, or beneficiation of critical minerals within 

3 the United States; 

4 (B) the fabrication, assembly, or produc5 tion, within the United States, of equipment, 

6 components, or other goods with energy tech7 nology-, defense-, agriculture-, consumer elec8 tronics-, or health care-related applications; or 

9 (C) any other value-added, manufacturing10 related use of critical minerals undertaken with11 in the United States. 

12 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

13 the meaning given the term in section 4 of the Indian 

14 Self-Determination and Education Assistance Act (25 

15 U.S.C. 5304). 

16 (5) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 (6) STATE.—The term ‘‘State’’ means— 

19 (A) a State; 

20 (B) the District of Columbia; 

21 (C) the Commonwealth of Puerto Rico; 

22 (D) Guam; 

23 (E) American Samoa; 

24 (F) the Commonwealth of the Northern 

25 Mariana Islands; and 


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1 (G) the United States Virgin Islands. 

2 SEC. 102. POLICY. 

3 (a) IN GENERAL.—Section 3 of the National Materials 

4 and Minerals Policy, Research and Development Act of 

5 1980 (30 U.S.C. 1602) is amended in the second sentence— 

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

7 following: 

8 ‘‘(3) establish an analytical and forecasting ca9 pability for identifying critical mineral demand, sup10 ply, and other factors to allow informed actions to be 

11 taken to avoid supply shortages, mitigate price vola12 tility, and prepare for demand growth and other 

13 market shifts;’’; 

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

15 semicolon at the end; and 

16 (3) by striking paragraph (7) and inserting the 

17 following: 

18 ‘‘(7) facilitate the availability, development, and 

19 environmentally responsible production of domestic 

20 resources to meet national material or critical min21 eral needs; 

22 ‘‘(8) avoid duplication of effort, prevent unneces23 sary paperwork, and minimize delays in the adminis24 tration of applicable laws (including regulations) and 

25 the issuance of permits and authorizations necessary 


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1 to explore for, develop, and produce critical minerals 

2 and to construct critical mineral manufacturing fa3 cilities in accordance with applicable environmental 

4 and land management laws; 

5 ‘‘(9) strengthen— 

6 ‘‘(A) educational and research capabilities 

7 at not lower than the secondary school level; and 

8 ‘‘(B) workforce training for exploration and 

9 development of critical minerals and critical 

10 mineral manufacturing; 

11 ‘‘(10) bolster international cooperation through 

12 technology transfer, information sharing, and other 

13 means; 

14 ‘‘(11) promote the efficient production, use, and 

15 recycling of critical minerals; 

16 ‘‘(12) develop alternatives to critical minerals; 

17 and 

18 ‘‘(13) establish contingencies for the production 

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

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

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

22 National Materials and Minerals Policy, Research and De23 velopment Act of 1980 (30 U.S.C. 1601(b)) is amended by 

24 striking ‘‘(b) As used in this Act, the term’’ and inserting 

25 the following: 


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1 ‘‘(b) DEFINITIONS.—In this Act: 

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

3 mineral’ means any mineral, element, substance, or 

4 material designated as critical by the Secretary under 

5 section 103 of the American Mineral Security Act. 

6 ‘‘(2) MATERIALS.—The term’’. 

7 SEC. 103. CRITICAL MINERAL DESIGNATIONS. 

8 (a) DRAFT METHODOLOGY AND LIST.—The Secretary, 

9 acting through the Director of the United States Geological 

10 Survey (referred to in this section as the ‘‘Secretary’’), shall 

11 publish in the Federal Register for public comment— 

12 (1) a description of the draft methodology used 

13 to identify a draft list of critical minerals; 

14 (2) a draft list of minerals, elements, substances, 

15 and materials that qualify as critical minerals; and 

16 (3) a draft list of critical minerals recovered as 

17 byproducts. 

18 (b) AVAILABILITY OF DATA.—If available data is in19 sufficient to provide a quantitative basis for the method20 ology developed under this section, qualitative evidence may 

21 be used to the extent necessary. 

22 (c) FINAL METHODOLOGY AND LIST.—After reviewing 

23 public comments on the draft methodology and the draft 

24 list of critical minerals published under subsection (a) and 

25 updating the methodology and list as appropriate, not later 


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1 than 45 days after the date on which the public comment 

2 period with respect to the draft methodology and draft list 

3 closes, the Secretary shall publish in the Federal Register— 

4 (1) a description of the final methodology for de5 termining which minerals, elements, substances, and 

6 materials qualify as critical minerals; and 

7 (2) the final list of critical minerals. 

8 (d) DESIGNATIONS.— 

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

10 this section, the Secretary shall maintain a list of 

11 minerals, elements, substances, and materials des12 ignated as critical, pursuant to the final methodology 

13 published under subsection (c), that the Secretary de14 termines— 

15 (A) are essential to the economic or na16 tional security of the United States; 

17 (B) the supply chain of which is vulnerable 

18 to disruption (including restrictions associated 

19 with foreign political risk, abrupt demand 

20 growth, military conflict, violent unrest, anti21 competitive or protectionist behaviors, and other 

22 risks throughout the supply chain); and 

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1 sumer electronics-, and health care-related appli2 cations), the absence of which would have signifi3 cant consequences for the economic or national 

4 security of the United States. 

5 (2) INCLUSIONS.—Notwithstanding the criteria 

6 under subsection (c), the Secretary may designate and 

7 include on the list any mineral, element, substance, or 

8 material determined by another Federal agency to be 

9 strategic and critical to the defense or national secu10 rity of the United States. 

11 (3) REQUIRED CONSULTATION.—The Secretary 

12 shall consult with the Secretaries of Defense, Com13 merce, Agriculture, and Energy and the United States 

14 Trade Representative in designating minerals, ele15 ments, substances, and materials as critical under 

16 this subsection. 

17 (e) SUBSEQUENT REVIEW.— 

18 (1) IN GENERAL.—The Secretary, in consultation 

19 with the Secretaries of Defense, Commerce, Agri20 culture, and Energy and the United States Trade 

21 Representative, shall review the methodology and list 

22 under subsection (c) and the designations under sub23 section (d) at least every 3 years, or more frequently 

24 as the Secretary considers to be appropriate. 


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

2 Secretary may— 

3 (A) revise the methodology described in this 

4 section; 

5 (B) determine that minerals, elements, sub6 stances, and materials previously determined to 

7 be critical minerals are no longer critical min8 erals; and 

9 (C) designate additional minerals, elements, 

10 substances, or materials as critical minerals. 

11 (f) NOTICE.—On finalization of the methodology and 

12 the list under subsection (c), or any revision to the method13 ology or list under subsection (e), the Secretary shall submit 

14 to Congress written notice of the action. 

15 SEC. 104. RESOURCE ASSESSMENT. 

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

17 date of enactment of this Act, in consultation with applica18 ble State (including geological surveys), local, academic, in19 dustry, and other entities, the Secretary shall complete a 

20 comprehensive national assessment of each critical mineral 

21 that— 

22 (1) identifies and quantifies known critical min23 eral resources, using all available public and private 

24 information and datasets, including exploration his25 tories; and 


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1 (2) provides a quantitative and qualitative as2 sessment of undiscovered critical mineral resources 

3 throughout the United States, including probability 

4 estimates of tonnage and grade, using all available 

5 public and private information and datasets, includ6 ing exploration histories. 

7 (b) SUPPLEMENTARY INFORMATION.—In carrying out 

8 this section, the Secretary may carry out surveys and field 

9 work (including drilling, remote sensing, geophysical sur10 veys, topographical and geological mapping, and geo11 chemical sampling and analysis) to supplement existing in12 formation and datasets available for determining the exist13 ence of critical minerals in the United States. 

14 (c) PUBLIC ACCESS.—Subject to applicable law, to the 

15 maximum extent practicable, the Secretary shall make all 

16 data and metadata collected from the comprehensive na17 tional assessment carried out under subsection (a) pub18 lically and electronically accessible. 

19 (d) TECHNICAL ASSISTANCE.—At the request of the 

20 Governor of a State or the head of an Indian tribe, the Sec21 retary may provide technical assistance to State govern22 ments and Indian tribes conducting critical mineral re23 source assessments on non-Federal land. 

24 (e) PRIORITIZATION.— 


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

2 the completion of resource assessments for each crit3 ical mineral such that critical minerals considered to 

4 be most critical under the methodology established 

5 under section 103 are completed first. 

6 (2) REPORTING.—During the period beginning 

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

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

9 of the assessments required under this section, the Sec10 retary shall submit to Congress on an annual basis 

11 an interim report that— 

12 (A) identifies the sequence and schedule for 

13 completion of the assessments if the Secretary se14 quences the assessments; or 

15 (B) describes the progress of the assessments 

16 if the Secretary does not sequence the assess17 ments. 

18 (f) UPDATES.—The Secretary may periodically update 

19 the assessments conducted under this section based on— 

20 (1) the generation of new information or datasets 

21 by the Federal Government; or 

22 (2) the receipt of new information or datasets 

23 from critical mineral producers, State geological sur24 veys, academic institutions, trade associations, or 

25 other persons. 


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1 (g) ADDITIONAL SURVEYS.—The Secretary shall com2 plete a resource assessment for each additional mineral or 

3 element subsequently designated as a critical mineral under 

4 section 103(e)(2) not later than 2 years after the designa5 tion of the mineral or element. 

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

7 of enactment of this Act, the Secretary shall submit to Con8 gress a report describing the status of geological surveying 

9 of Federal land for any mineral commodity— 

10 (1) for which the United States was dependent 

11 on a foreign country for more than 25 percent of the 

12 United States supply, as depicted in the report issued 

13 by the United States Geological Survey entitled ‘‘Min14 eral Commodity Summaries 2019’’; but 

15 (2) that is not designated as a critical mineral 

16 under section 103. 

17 SEC. 105. PERMITTING. 

18 (a) SENSE OF CONGRESS.—It is the sense of Congress 

19 that— 

20 (1) critical minerals are fundamental to the 

21 economy, competitiveness, and security of the United 

22 States; 

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1 isfied by minerals responsibly produced and recycled 

2 in the United States; and 

3 (3) the Federal permitting process has been iden4 tified as an impediment to mineral production and 

5 the mineral security of the United States. 

6 (b) PERFORMANCE IMPROVEMENTS.—To improve the 

7 quality and timeliness of decisions, the Secretary (acting 

8 through the Director of the Bureau of Land Management) 

9 and the Secretary of Agriculture (acting through the Chief 

10 of the Forest Service) (referred to in this section as the ‘‘Sec11 retaries’’) shall, to the maximum extent practicable, with 

12 respect to critical mineral production on Federal land, com13 plete Federal permitting and review processes with max14 imum efficiency and effectiveness, while supporting vital 

15 economic growth, by— 

16 (1) establishing and adhering to timelines and 

17 schedules for the consideration of, and final decisions 

18 regarding, applications, operating plans, leases, li19 censes, permits, and other use authorizations for min20 eral-related activities on Federal land; 

21 (2) establishing clear, quantifiable, and temporal 

22 permitting performance goals and tracking progress 

23 against those goals; 

24 (3) engaging in early collaboration among agen25 cies, project sponsors, and affected stakeholders— 


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1 (A) to incorporate and address the interests 

2 of those parties; and 

3 (B) to minimize delays; 

4 (4) ensuring transparency and accountability by 

5 using cost-effective information technology to collect 

6 and disseminate information regarding individual 

7 projects and agency performance; 

8 (5) engaging in early and active consultation 

9 with State, local, and Indian tribal governments to 

10 avoid conflicts or duplication of effort, resolve con11 cerns, and allow for concurrent, rather than sequen12 tial, reviews; 

13 (6) providing demonstrable improvements in the 

14 performance of Federal permitting and review proc15 esses, including lower costs and more timely decisions; 

16 (7) expanding and institutionalizing permitting 

17 and review process improvements that have proven ef18 fective; 

19 (8) developing mechanisms to better commu20 nicate priorities and resolve disputes among agencies 

21 at the national, regional, State, and local levels; and 

22 (9) developing other practices, such as 

23 preapplication procedures. 


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1 (c) REVIEW AND REPORT.—Not later than 1 year after 

2 the date of enactment of this Act, the Secretaries shall sub3 mit to Congress a report that— 

4 (1) identifies additional measures (including 

5 regulatory and legislative proposals, as appropriate) 

6 that would increase the timeliness of permitting ac7 tivities for the exploration and development of domes8 tic critical minerals; 

9 (2) identifies options (including cost recovery 

10 paid by permit applicants) for ensuring adequate 

11 staffing and training of Federal entities and per12 sonnel responsible for the consideration of applica13 tions, operating plans, leases, licenses, permits, and 

14 other use authorizations for critical mineral-related 

15 activities on Federal land; 

16 (3) quantifies the amount of time typically re17 quired (including range derived from minimum and 

18 maximum durations, mean, median, variance, and 

19 other statistical measures or representations) to com20 plete each step (including those aspects outside the 

21 control of the executive branch, such as judicial re22 view, applicant decisions, or State and local govern23 ment involvement) associated with the development 

24 and processing of applications, operating plans, 

25 leases, licenses, permits, and other use authorizations 


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1 for critical mineral-related activities on Federal land, 

2 which shall serve as a baseline for the performance 

3 metric under subsection (d); and 

4 (4) describes actions carried out pursuant to sub5 section (b). 

6 (d) PERFORMANCE METRIC.—Not later than 90 days 

7 after the date of submission of the report under subsection 

8 (c), the Secretaries, after providing public notice and an 

9 opportunity to comment, shall develop and publish a per10 formance metric for evaluating the progress made by the 

11 executive branch to expedite the permitting of activities that 

12 will increase exploration for, and development of, domestic 

13 critical minerals, while maintaining environmental stand14 ards. 

15 (e) ANNUAL REPORTS.—Beginning with the first 

16 budget submission by the President under section 1105 of 

17 title 31, United States Code, after publication of the per18 formance metric required under subsection (d), and annu19 ally thereafter, the Secretaries shall submit to Congress a 

20 report that— 

21 (1) summarizes the implementation of rec22 ommendations, measures, and options identified in 

23 paragraphs (1) and (2) of subsection (c); 

24 (2) using the performance metric under sub25 section (d), describes progress made by the executive 


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1 branch, as compared to the baseline established pursu2 ant to subsection (c)(3), on expediting the permitting 

3 of activities that will increase exploration for, and de4 velopment of, domestic critical minerals; and 

5 (3) compares the United States to other countries 

6 in terms of permitting efficiency and any other cri7 teria relevant to the globally competitive critical min8 erals industry. 

9 (f) INDIVIDUAL PROJECTS.—Using data from the Sec10 retaries generated under subsection (e), the Director of the 

11 Office of Management and Budget shall prioritize inclusion 

12 of individual critical mineral projects on the website oper13 ated by the Office of Management and Budget in accordance 

14 with section 1122 of title 31, United States Code. 

15 (g) REPORT OF SMALL BUSINESS ADMINISTRATION.— 

16 Not later than 1 year and 300 days after the date of enact17 ment of this Act, the Administrator of the Small Business 

18 Administration shall submit to the applicable committees 

19 of Congress a report that assesses the performance of Federal 

20 agencies with respect to— 

21 (1) complying with chapter 6 of title 5, United 

22 States Code (commonly known as the ‘‘Regulatory 

23 Flexibility Act’’), in promulgating regulations appli24 cable to the critical minerals industry; and 


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1 (2) performing an analysis of regulations appli2 cable to the critical minerals industry that may be 

3 outmoded, inefficient, duplicative, or excessively bur4 densome. 

5 (h) APPLICATION.—Section 41001(6)(A) of the FAST 

6 Act (42 U.S.C. 4370m(6)(A)) is amended in the matter pre7 ceding clause (i) by inserting ‘‘(including critical mineral 

8 manufacturing (as defined in section 101 of the American 

9 Mineral Security Act))’’ after ‘‘manufacturing’’. 

10 SEC. 106. FEDERAL REGISTER PROCESS. 

11 (a) DEPARTMENTAL REVIEW.—Absent any extraor12 dinary circumstance, and except as otherwise required by 

13 law, the Secretary and the Secretary of Agriculture shall 

14 ensure that each Federal Register notice described in sub15 section (b) shall be— 

16 (1) subject to any required reviews within the 

17 Department of the Interior or the Department of Ag18 riculture; and 

19 (2) published in final form in the Federal Reg20 ister not later than 45 days after the date of initial 

21 preparation of the notice. 

22 (b) PREPARATION.—The preparation of Federal Reg23 ister notices required by law associated with the issuance 

24 of a critical mineral exploration or mine permit shall be 

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1 sponsible for issuing the critical mineral exploration or 

2 mine permit. 

3 (c) TRANSMISSION.—All Federal Register notices re4 garding official document availability, announcements of 

5 meetings, or notices of intent to undertake an action shall 

6 be originated in, and transmitted to the Federal Register 

7 from, the office in which, as applicable— 

8 (1) the documents or meetings are held; or 

9 (2) the activity is initiated. 

10 SEC. 107. RECYCLING, EFFICIENCY, AND ALTERNATIVES. 

11 (a) ESTABLISHMENT.—The Secretary of Energy (re12 ferred to in this section as the ‘‘Secretary’’) shall conduct 

13 a program of research and development— 

14 (1) to promote the efficient production, use, and 

15 recycling of critical minerals throughout the supply 

16 chain; and 

17 (2) to develop alternatives to critical minerals 

18 that do not occur in significant abundance in the 

19 United States. 

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

21 Secretary shall cooperate with appropriate— 

22 (1) Federal agencies and National Laboratories; 

23 (2) critical mineral producers; 

24 (3) critical mineral processors; 

25 (4) critical mineral manufacturers; 


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1 (5) trade associations; 

2 (6) academic institutions; 

3 (7) small businesses; and 

4 (8) other relevant entities or individuals. 

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

6 shall carry out activities that include the identification and 

7 development of— 

8 (1) advanced critical mineral extraction, produc9 tion, separation, alloying, or processing technologies 

10 that decrease the energy consumption, environmental 

11 impact, and costs of those activities, including— 

12 (A) efficient water and wastewater manage13 ment strategies; 

14 (B) technologies and management strategies 

15 to control the environmental impacts of radio16 nuclides in ore tailings; 

17 (C) technologies for separation and proc18 essing; and 

19 (D) technologies for increasing the recovery 

20 rates of byproducts from host metal ores; 

21 (2) technologies or process improvements that 

22 minimize the use, or lead to more efficient use, of crit23 ical minerals across the full supply chain; 

24 (3) technologies, process improvements, or design 

25 optimizations that facilitate the recycling of critical 


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1 minerals, and options for improving the rates of col2 lection of products and scrap containing critical min3 erals from post-consumer, industrial, or other waste 

4 streams; 

5 (4) commercial markets, advanced storage meth6 ods, energy applications, and other beneficial uses of 

7 critical minerals processing byproducts; 

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

9 particularly those available in abundance within the 

10 United States and not subject to potential supply re11 strictions, that lessen the need for critical minerals; 

12 and 

13 (6) alternative energy technologies or alternative 

14 designs of existing energy technologies, particularly 

15 those that use minerals that— 

16 (A) occur in abundance in the United 

17 States; and 

18 (B) are not subject to potential supply re19 strictions. 

20 (d) REPORTS.—Not later than 2 years after the date 

21 of enactment of this Act, and annually thereafter, the Sec22 retary shall submit to Congress a report summarizing the 

23 activities, findings, and progress of the program. 


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1 SEC. 108. ANALYSIS AND FORECASTING. 

2 (a) CAPABILITIES.—In order to evaluate existing crit3 ical mineral policies and inform future actions that may 

4 be taken to avoid supply shortages, mitigate price volatility, 

5 and prepare for demand growth and other market shifts, 

6 the Secretary, in consultation with the Energy Information 

7 Administration, academic institutions, and others in order 

8 to maximize the application of existing competencies related 

9 to developing and maintaining computer-models and simi10 lar analytical tools, shall conduct and publish the results 

11 of an annual report that includes— 

12 (1) as part of the annually published Mineral 

13 Commodity Summaries from the United States Geo14 logical Survey, a comprehensive review of critical 

15 mineral production, consumption, and recycling pat16 terns, including— 

17 (A) the quantity of each critical mineral do18 mestically produced during the preceding year; 

19 (B) the quantity of each critical mineral 

20 domestically consumed during the preceding 

21 year; 

22 (C) market price data or other price data 

23 for each critical mineral; 

24 (D) an assessment of— 

25 (i) critical mineral requirements to 

26 meet the national security, energy, ecoVerDate Sep 11 2014 23:03 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\S1317.RS S1317

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1 nomic, industrial, technological, and other 

2 needs of the United States during the pre3 ceding year; 

4 (ii) the reliance of the United States on 

5 foreign sources to meet those needs during 

6 the preceding year; and 

7 (iii) the implications of any supply 

8 shortages, restrictions, or disruptions dur9 ing the preceding year; 

10 (E) the quantity of each critical mineral 

11 domestically recycled during the preceding year; 

12 (F) the market penetration during the pre13 ceding year of alternatives to each critical min14 eral; 

15 (G) a discussion of international trends as16 sociated with the discovery, production, con17 sumption, use, costs of production, prices, and 

18 recycling of each critical mineral as well as the 

19 development of alternatives to critical minerals; 

20 and 

21 (H) such other data, analyses, and evalua22 tions as the Secretary finds are necessary to 

23 achieve the purposes of this section; and 

24 (2) a comprehensive forecast, entitled the ‘‘An25 nual Critical Minerals Outlook’’, of projected critical 


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1 mineral production, consumption, and recycling pat2 terns, including— 

3 (A) the quantity of each critical mineral 

4 projected to be domestically produced over the 

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

6 (B) the quantity of each critical mineral 

7 projected to be domestically consumed over the 

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

9 (C) an assessment of— 

10 (i) critical mineral requirements to 

11 meet projected national security, energy, 

12 economic, industrial, technological, and 

13 other needs of the United States; 

14 (ii) the projected reliance of the United 

15 States on foreign sources to meet those 

16 needs; and 

17 (iii) the projected implications of po18 tential supply shortages, restrictions, or dis19 ruptions; 

20 (D) the quantity of each critical mineral 

21 projected to be domestically recycled over the sub22 sequent 1-year, 5-year, and 10-year periods; 

23 (E) the market penetration of alternatives 

24 to each critical mineral projected to take place 


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

2 periods; 

3 (F) a discussion of reasonably foreseeable 

4 international trends associated with the dis5 covery, production, consumption, use, costs of 

6 production, and recycling of each critical min7 eral as well as the development of alternatives to 

8 critical minerals; and 

9 (G) such other projections relating to each 

10 critical mineral as the Secretary determines to 

11 be necessary to achieve the purposes of this sec12 tion. 

13 (b) PROPRIETARY INFORMATION.—In preparing a re14 port described in subsection (a), the Secretary shall ensure, 

15 consistent with section 5(f) of the National Materials and 

16 Minerals Policy, Research and Development Act of 1980 (30 

17 U.S.C. 1604(f)), that— 

18 (1) no person uses the information and data col19 lected for the report for a purpose other than the de20 velopment of or reporting of aggregate data in a man21 ner such that the identity of the person or firm who 

22 supplied the information is not discernible and is not 

23 material to the intended uses of the information; 

24 (2) no person discloses any information or data 

25 collected for the report unless the information or data 


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1 has been transformed into a statistical or aggregate 

2 form that does not allow the identification of the per3 son or firm who supplied particular information; and 

4 (3) procedures are established to require the 

5 withholding of any information or data collected for 

6 the report if the Secretary determines that with7 holding is necessary to protect proprietary informa8 tion, including any trade secrets or other confidential 

9 information. 

10 SEC. 109. EDUCATION AND WORKFORCE. 

11 (a) WORKFORCE ASSESSMENT.—Not later than 1 year 

12 and 300 days after the date of enactment of this Act, the 

13 Secretary of Labor (in consultation with the Secretary, the 

14 Director of the National Science Foundation, institutions 

15 of higher education with substantial expertise in mining, 

16 institutions of higher education with significant expertise 

17 in minerals research, including fundamental research into 

18 alternatives, and employers in the critical minerals sector) 

19 shall submit to Congress an assessment of the domestic 

20 availability of technically trained personnel necessary for 

21 critical mineral exploration, development, assessment, pro22 duction, manufacturing, recycling, analysis, forecasting, 

23 education, and research, including an analysis of— 

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

25 date of the assessment; 


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1 (2) skills that are projected to be in short supply 

2 in the future; 

3 (3) the demographics of the critical minerals in4 dustry and how the demographics will evolve under 

5 the influence of factors such as an aging workforce; 

6 (4) the effectiveness of training and education 

7 programs in addressing skills shortages; 

8 (5) opportunities to hire locally for new and ex9 isting critical mineral activities; 

10 (6) the sufficiency of personnel within relevant 

11 areas of the Federal Government for achieving the 

12 policies described in section 3 of the National Mate13 rials and Minerals Policy, Research and Development 

14 Act of 1980 (30 U.S.C. 1602); and 

15 (7) the potential need for new training programs 

16 to have a measurable effect on the supply of trained 

17 workers in the critical minerals industry. 

18 (b) CURRICULUM STUDY.— 

19 (1) IN GENERAL.—The Secretary and the Sec20 retary of Labor shall jointly enter into an arrange21 ment with the National Academy of Sciences and the 

22 National Academy of Engineering under which the 

23 Academies shall coordinate with the National Science 

24 Foundation on conducting a study— 


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1 (A) to design an interdisciplinary program 

2 on critical minerals that will support the critical 

3 mineral supply chain and improve the ability of 

4 the United States to increase domestic, critical 

5 mineral exploration, development, production, 

6 manufacturing, research, including fundamental 

7 research into alternatives, and recycling; 

8 (B) to address undergraduate and graduate 

9 education, especially to assist in the development 

10 of graduate level programs of research and in11 struction that lead to advanced degrees with an 

12 emphasis on the critical mineral supply chain or 

13 other positions that will increase domestic, crit14 ical mineral exploration, development, produc15 tion, manufacturing, research, including funda16 mental research into alternatives, and recycling; 

17 (C) to develop guidelines for proposals from 

18 institutions of higher education with substantial 

19 capabilities in the required disciplines for activi20 ties to improve the critical mineral supply chain 

21 and advance the capacity of the United States to 

22 increase domestic, critical mineral exploration, 

23 research, development, production, manufac24 turing, and recycling; 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 and 

4 carry out the program described in subsection 

5 (c). 

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

7 date of enactment of this Act, the Secretary shall sub8 mit to Congress a description of the results of the 

9 study required under paragraph (1). 

10 (c) PROGRAM.— 

11 (1) ESTABLISHMENT.—The Secretary and the 

12 Secretary of Labor shall jointly conduct a competitive 

13 grant program under which institutions of higher 

14 education may apply for and receive 4-year grants 

15 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 sub20 section (b); 

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

23 critical minerals; 


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1 (C) equipment necessary for integrated crit2 ical mineral innovation, training, and workforce 

3 development programs; and 

4 (D) research of critical minerals and their 

5 applications, particularly concerning the manu6 facture of critical components vital to national 

7 security. 

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

9 shall be renewable for up to 2 additional 3-year terms 

10 based on performance criteria outlined under sub11 section (b)(1)(D). 

12 SEC. 110. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA 

13 PRESERVATION PROGRAM. 

14 Section 351(k) of the Energy Policy Act of 2005 (42 

15 U.S.C. 15908(k)) is amended by striking ‘‘$30,000,000 for 

16 each of fiscal years 2006 through 2010’’ and inserting 

17 ‘‘$5,000,000 for each of fiscal years 2020 through 2029, to 

18 remain available until expended’’. 

19 SEC. 111. ADMINISTRATION. 

20 (a) IN GENERAL.—The National Critical Materials 

21 Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. 

22 (b) CONFORMING AMENDMENT.—Section 3(d) of the 

23 National Superconductivity and Competitiveness Act of 

24 1988 (15 U.S.C. 5202(d)) is amended in the first sentence 

25 by striking ‘‘, with the assistance of the National Critical 


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1 Materials Council as specified in the National Critical Ma2 terials Act of 1984 (30 U.S.C. 1801 et seq.),’’. 

3 (c) SAVINGS CLAUSES.— 

4 (1) IN GENERAL.—Nothing in this title or an 

5 amendment made by this title modifies any require6 ment or authority provided by— 

7 (A) the matter under the heading ‘‘GEO8 LOGICAL SURVEY’’ of the first section of the 

9 Act of March 3, 1879 (43 U.S.C. 31(a)); or 

10 (B) the first section of Public Law 87–626 

11 (43 U.S.C. 31(b)). 

12 (2) EFFECT ON DEPARTMENT OF DEFENSE.— 

13 Nothing in this title or an amendment made by this 

14 title affects the authority of the Secretary of Defense 

15 with respect to the work of the Department of Defense 

16 on critical material supplies in furtherance of the na17 tional defense mission of the Department of Defense. 

18 (3) SECRETARIAL ORDER NOT AFFECTED.—This 

19 title shall not apply to any mineral described in Sec20 retarial Order No. 3324, issued by the Secretary on 

21 December 3, 2012, in any area to which the order ap22 plies. 

23 (d) APPLICATION OF CERTAIN PROVISIONS.— 

24 (1) IN GENERAL.—Sections 105 and 106 shall 

25 apply to— 


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1 (A) an exploration project in which the 

2 presence of a byproduct is reasonably expected, 

3 based on known mineral companionality, geo4 logic formation, mineralogy, or other factors; 

5 and 

6 (B) a project that demonstrates that the by7 product is of sufficient grade that, when com8 bined with the production of a host mineral, the 

9 byproduct is economic to recover, as determined 

10 by the applicable Secretary in accordance with 

11 paragraph (2). 

12 (2) REQUIREMENT.—In making the determina13 tion under paragraph (1)(B), the applicable Sec14 retary shall consider the cost effectiveness of the by15 products recovery. 

16 SEC. 112. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated to carry out 

18 this title $50,000,000 for each of fiscal years 2020 through 

19 2029. 


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1 TITLE II—RARE EARTH ELEMENT 

2 ADVANCED COAL TECH3 NOLOGIES 

4 SEC. 201. PROGRAM FOR EXTRACTION AND RECOVERY OF 

5 RARE EARTH ELEMENTS AND MINERALS 

6 FROM COAL AND COAL BYPRODUCTS. 

7 (a) IN GENERAL.—The Secretary of Energy, acting 

8 through the Assistant Secretary for Fossil Energy (referred 

9 to in this title as the ‘‘Secretary’’), shall carry out a pro10 gram under which the Secretary shall develop advanced sep11 aration technologies for the extraction and recovery of rare 

12 earth elements and minerals from coal and coal byproducts. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary to carry out 

15 the program described in subsection (a) $23,000,000 for 

16 each of fiscal years 2020 through 2027. 

17 SEC. 202. REPORT. 

18 Not later than 1 year after the date of enactment of 

19 this Act, the Secretary shall submit to the Committee on 

20 Energy and Natural Resources of the Senate and the Com21 mittee on Energy and Commerce of the House of Represent22 atives a report evaluating the development of advanced sep23 aration technologies for the extraction and recovery of rare 

24 earth elements and minerals from coal and coal byproducts, 

25 including acid mine drainage from coal mines. 


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Calendar No. 251 

116TH CONGRESS 

1ST SESSION S. 1317 

[Report No. 116–131] 

A BILL 

To facilitate the availability, development, and envimineral needs, and for other purposes. resources to meet national material or critical ronmentally responsible production of domestic 

OCTOBER 22, 2019 

Reported with an amendment 


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