H. R. 133—1382 
(A) an institution of higher education (as defined in 
section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a))); or 
(B) a postsecondary vocational institution (as defined 
in section 102(c) of the Higher Education Act of 1965 (20 
U.S.C. 1002(c))). 
(b) POLICY.— 
(1) IN GENERAL.—Section 3 of the National Materials and 
Minerals Policy, Research and Development Act of 1980 (30 
U.S.C. 1602) is amended— 
(A) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) establish an analytical and forecasting capability for 
identifying critical mineral demand, supply, and other factors 
to allow informed actions to be taken to avoid supply shortages, 
mitigate price volatility, and prepare for demand growth and 
other market shifts;’’; 
(B) in paragraph (6), by striking ‘‘and’’ after the semi-
colon at the end; and 
(C) by striking paragraph (7) and inserting the fol-
lowing: 
‘‘(7) facilitate the availability, development, and environ-
mentally responsible production of domestic resources to meet 
national material or critical mineral needs; 
‘‘(8) avoid duplication of effort, prevent unnecessary paper-
work, and minimize delays in the administration of applicable 
laws (including regulations) and the issuance of permits and 
authorizations necessary to explore for, develop, and produce 
critical minerals and to construct critical mineral manufac-
turing facilities in accordance with applicable environmental 
and land management laws; 
‘‘(9) strengthen— 
‘‘(A) educational and research capabilities at not lower 
than the secondary school level; and 
‘‘(B) workforce training for exploration and develop-
ment of critical minerals and critical mineral manufac-
turing; 
‘‘(10) bolster international cooperation through technology 
transfer, information sharing, and other means; 
‘‘(11) promote the efficient production, use, and recycling 
of critical minerals; 
‘‘(12) develop alternatives to critical minerals; and 
‘‘(13) establish contingencies for the production of, or access 
to, critical minerals for which viable sources do not exist within 
the United States.’’. 
(2) CONFORMING AMENDMENT.—Section 2(b) of the National 
Materials and Minerals Policy, Research and Development Act 
of 1980 (30 U.S.C. 1601(b)) is amended by striking ‘‘(b) As 
used in this Act, the term’’ and inserting the following: 
‘‘(b) DEFINITIONS.—In this Act: 
‘‘(1) CRITICAL MINERAL.—The term ‘critical mineral’ means 
any mineral, element, substance, or material designated as 
critical by the Secretary under section 7002(c) of the Energy 
Act of 2020. 
‘‘(2) MATERIALS.—The term’’. 
(c) CRITICAL MINERAL DESIGNATIONS.—
H. R. 133—1383 
(1) DRAFT METHODOLOGY AND LIST.—The Secretary, acting 
through the Director of the United States Geological Survey 
(referred to in this subsection as the ‘‘Secretary’’), shall publish 
in the Federal Register for public comment— 
(A) a description of the draft methodology used to 
identify a draft list of critical minerals; 
(B) a draft list of minerals, elements, substances, and 
materials that qualify as critical minerals; and 
(C) a draft list of critical minerals recovered as 
byproducts and their host minerals. 
(2) AVAILABILITY OF DATA.—If available data is insufficient 
to provide a quantitative basis for the methodology developed 
under this subsection, qualitative evidence may be used to 
the extent necessary. 
(3) FINAL METHODOLOGY AND LIST.—After reviewing public 
comments on the draft methodology and the draft lists pub-
lished under paragraph (1) and updating the methodology and 
lists as appropriate, not later than 45 days after the date 
on which the public comment period with respect to the draft 
methodology and draft lists closes, the Secretary shall publish 
in the Federal Register— 
(A) a description of the final methodology for deter-
mining which minerals, elements, substances, and mate-
rials qualify as critical minerals; 
(B) the final list of critical minerals; and 
(C) the final list of critical minerals recovered as 
byproducts and their host minerals. 
(4) DESIGNATIONS.— 
(A) IN GENERAL.—For purposes of carrying out this 
subsection, the Secretary shall maintain a list of minerals, 
elements, substances, and materials designated as critical, 
pursuant to the final methodology published under para-
graph (3), that the Secretary determines— 
(i) are essential to the economic or national secu-
rity of the United States; 
(ii) the supply chain of which is vulnerable to 
disruption (including restrictions associated with for-
eign political risk, abrupt demand growth, military 
conflict, violent unrest, anti-competitive or protectionist 
behaviors, and other risks throughout the supply 
chain); and 
(iii) serve an essential function in the manufac-
turing of a product (including energy technology-, 
defense-, currency-, agriculture-, consumer electronics- 
, and health care-related applications), the absence 
of which would have significant consequences for the 
economic or national security of the United States. 
(B) INCLUSIONS.—Notwithstanding the criteria under 
paragraph (3), the Secretary may designate and include 
on the list any mineral, element, substance, or material 
determined by another Federal agency to be strategic and 
critical to the defense or national security of the United 
States.
H. R. 133—1384 
(C) REQUIRED
CONSULTATION.—The Secretary shall 
consult with the Secretaries of Defense, Commerce, Agri-
culture, and Energy and the United States Trade Rep-
resentative in designating minerals, elements, substances, 
and materials as critical under this paragraph. 
(5) SUBSEQUENT REVIEW.— 
(A) IN GENERAL.—The Secretary, in consultation with 
the Secretaries of Defense, Commerce, Agriculture, and 
Energy and the United States Trade Representative, shall 
review the methodology and list under paragraph (3) and 
the designations under paragraph (4) at least every 3 years, 
or more frequently as the Secretary considers to be appro-
priate. 
(B) REVISIONS.—Subject to paragraph (4)(A), the Sec-
retary may— 
(i) revise the methodology described in this sub-
section; 
(ii) determine that minerals, elements, substances, 
and materials previously determined to be critical min-
erals are no longer critical minerals; and 
(iii) designate additional minerals, elements, sub-
stances, or materials as critical minerals. 
(6) NOTICE.—On finalization of the methodology and the 
list under paragraph (3), or any revision to the methodology 
or list under paragraph (5), the Secretary shall submit to Con-
gress written notice of the action. 
(d) RESOURCE ASSESSMENT.— 
(1) IN GENERAL.—Not later than 4 years after the date 
of enactment of this Act, in consultation with applicable State 
(including geological surveys), local, academic, industry, and 
other entities, the Secretary (acting through the Director of 
the United States Geological Survey) or a designee of the Sec-
retary, shall complete a comprehensive national assessment 
of each critical mineral that— 
(A) identifies and quantifies known critical mineral 
resources, using all available public and private informa-
tion and datasets, including exploration histories; and 
(B) provides a quantitative and qualitative assessment 
of undiscovered critical mineral resources throughout the 
United States, including probability estimates of tonnage 
and grade, using all available public and private informa-
tion and datasets, including exploration histories. 
(2) SUPPLEMENTARY
INFORMATION.—In carrying out this 
subsection, the Secretary may carry out surveys and field work 
(including drilling, remote sensing, geophysical surveys, topo-
graphical and geological mapping, and geochemical sampling 
and analysis) to supplement existing information and datasets 
available for determining the existence of critical minerals in 
the United States. 
(3) PUBLIC ACCESS.—Subject to applicable law, to the max-
imum extent practicable, the Secretary shall make all data 
and metadata collected from the comprehensive national assess-
ment carried out under paragraph (1) publically and electroni-
cally accessible. 
(4) TECHNICAL ASSISTANCE.—At the request of the Governor 
of a State or the head of an Indian Tribe, the Secretary may 
provide technical assistance to State governments and Indian
H. R. 133—1385 
Tribes conducting critical mineral resource assessments on non- 
Federal land. 
(5) PRIORITIZATION.— 
(A) IN
GENERAL.—The Secretary may sequence the 
completion of resource assessments for each critical mineral 
such that critical minerals considered to be most critical 
under the methodology established under subsection (c) 
are completed first. 
(B) REPORTING.—During the period beginning not later 
than 1 year after the date of enactment of this Act and 
ending on the date of completion of all of the assessments 
required under this subsection, the Secretary shall submit 
to Congress on an annual basis an interim report that— 
(i) identifies the sequence and schedule for comple-
tion of the assessments if the Secretary sequences the 
assessments; or 
(ii) describes the progress of the assessments if 
the Secretary does not sequence the assessments. 
(6) UPDATES.—The Secretary may periodically update the 
assessments conducted under this subsection based on— 
(A) the generation of new information or datasets by 
the Federal Government; or 
(B) the receipt of new information or datasets from 
critical mineral producers, State geological surveys, aca-
demic institutions, trade associations, or other persons. 
(7) ADDITIONAL
SURVEYS.—The Secretary shall complete 
a resource assessment for each additional mineral or element 
subsequently designated as a critical mineral under subsection 
(c)(5)(B) not later than 2 years after the designation of the 
mineral or element. 
(8) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to Congress a 
report describing the status of geological surveying of Federal 
land for any mineral commodity— 
(A) for which the United States was dependent on 
a foreign country for more than 25 percent of the United 
States supply, as depicted in the report issued by the 
United States Geological Survey entitled ‘‘Mineral Com-
modity Summaries 2021’’; but 
(B) that is not designated as a critical mineral under 
subsection (c). 
(e) REPORT OF SMALL BUSINESS ADMINISTRATION.—Not later 
than 1 year and 300 days after the date of enactment of this 
Act, the Administrator of the Small Business Administration shall 
submit to the applicable committees of Congress a report that 
assesses the performance of Federal agencies with respect to— 
(1) complying with chapter 6 of title 5, United States Code 
(commonly known as the ‘‘Regulatory Flexibility Act’’), in 
promulgating regulations applicable to the critical minerals 
industry; and 
(2) performing an analysis of the efficiency of regulations 
applicable to the critical minerals industry, including those 
that are disproportionately burdensome to small businesses. 
(f) FEDERAL REGISTER PROCESS.—