Critical Minerals Policy Act of 2013 - Directs the Secretary of the Interior (Secretary) to: (1) publish in the Federal Register a methodology for determining which minerals qualify as critical minerals, based upon potential supply restrictions and importance of in use; and (2) review such methodology and designations every five years.
Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to direct the President to: (1) establish an analytical and forecasting capability for identifying critical mineral market dynamics relevant to policy formulation, and (2) encourage federal agency actions to facilitate the development and production of domestic resources to meet national critical material and minerals needs.
Directs the Secretary to: (1) conduct a comprehensive national assessment of critical minerals, and (2) enter into an arrangement with the National Academy of Sciences (NAS) to update its report "Hardrock Mining on Federal Lands."
Directs the Secretaries of the Interior and of Agriculture to: (1) ensure that federal permitting and review processes inform decisionmakers and affected communities about the potential positive and negative impacts of proposed mining activities, (2) report to Congress on agency measures regarding permitting activities for the exploration and development of domestic critical minerals, and (3) develop and publish target levels of performance for agency management of activities associated with exploration and development of domestic critical minerals.
Directs the Secretary of Energy (DOE) to conduct research and development to promote: (1) the production, use, and recycling of critical minerals throughout the supply chain; and (2) development of alternatives to critical minerals.
Requires the Secretary to publish an annual report that includes a comprehensive: (1) review of critical mineral production, consumption, and recycling patterns; and (2) forecast ("Annual Critical Minerals Outlook") of projected mineral production, consumption, and recycling patterns.
Directs the Secretary of Labor to assess the domestic availability of technically trained personnel necessary for critical mineral assessment, production, manufacturing, recycling, analysis, forecasting, and an analysis of skills deemed in the shortest supply and projected to be in short supply in the future.
Directs the Secretaries of the Interior and of Labor to arrange jointly with the NAS and the National Academy of Engineering to coordinate with the National Science Foundation (NSF) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve U.S. ability to increase domestic, critical mineral exploration, development, and manufacturing.
Directs the Secretary and the NSF to conduct a joint competitive four-year grant program for institutions of higher education to implement integrated critical mineral education, training, and workforce development programs.
Instructs the Secretary of State to promote, in coordination with the Secretaries of the Interior and of DOE, international cooperation on critical mineral supply chain issues with U.S. allies.
Directs DOE to support research programs that focus on: (1) novel uses for cobalt, and (2) advanced lead manufacturing processes.
Amends the Energy Independence and Security Act of 2007 to direct DOE to make grants for research, development, demonstration, and commercial application of domestic industrial processes to enhance domestic lithium production for advanced battery technologies.
Requires DOE to: (1) study the issues associated with establishing a licensing pathway for the complete thorium nuclear fuel cycle, and (2) conduct a program to identify, research, and develop rare earth elements from nontraditional sources.
Repeals the National Critical Materials Act of 1984.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1600 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Critical Minerals
Policy Act of 2013''.
(b) Table of Contents.--The table of contents of 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.
SEC. 2. DEFINITIONS.
In this Act:
(1) Critical mineral.--
(A) In general.--The term ``critical mineral''
means any mineral or element designated as critical
pursuant to section 101.
(B) Exclusions.--The term ``critical mineral'' does
not include--
(i) fuel minerals, including oil, natural
gas, or any other fossil fuels; or
(ii) water, ice, or snow.
(2) Critical mineral manufacturing.--The term ``critical
mineral manufacturing'' means--
(A) the production, processing, refining, alloying,
separation, concentration, magnetic sintering, melting,
or beneficiation of critical minerals within the United
States;
(B) the fabrication, assembly, or production,
within the United States, of equipment, components, or
other goods with energy technology-, defense-,
agriculture-, consumer electronics-, or health care-
related applications; or
(C) any other value-added, manufacturing-related
use of critical minerals undertaken within the United
States.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Military equipment.--The term ``military equipment''
means equipment used directly by the Armed Forces to carry out
military operations.
(5) Rare earth element.--
(A) In general.--The term ``rare earth element''
means the chemical elements in the periodic table from
lanthanum (atomic number 57) up to and including
lutetium (atomic number 71).
(B) Inclusions.--The term ``rare earth element''
includes the similar chemical elements yttrium (atomic
number 39) and scandium (atomic number 21).
(6) Secretary.--
(A) Title i.--In title I, the term ``Secretary''
means the Secretary of the Interior.
(B) Title ii.--In title II, the term ``Secretary''
means the Secretary of Energy.
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
TITLE I--DESIGNATIONS AND POLICIES
SEC. 101. DESIGNATIONS.
(a) Draft Methodology.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register for public comment a draft methodology for determining which
minerals qualify as critical minerals based on an assessment of whether
the minerals are--
(1) subject to potential supply restrictions (including
restrictions associated with foreign political risk, abrupt
demand growth, military conflict, and anti-competitive or
protectionist behaviors); and
(2) important in use (including energy technology-,
defense-, agriculture-, consumer electronics-, and health care-
related applications).
(b) Availability of Data.--If available data is insufficient to
provide a quantitative basis for the methodology developed under this
section, qualitative evidence may be used to the extent necessary.
(c) Final Methodology.--After reviewing public comments on the
draft methodology under subsection (a) and updating the draft
methodology as appropriate, not later than 270 days after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register a description of the final methodology for determining which
minerals qualify as critical minerals.
(d) Designations.--
(1) In general.--For purposes of carrying out this title,
the Secretary shall maintain a list of minerals and elements
designated as critical, pursuant to the methodology under
subsection (c), which shall not exceed 20 minerals and elements
at any given time.
(2) Initial list.--Subject to paragraph (1), not later than
1 year after the date of enactment of this Act, the Secretary
shall publish in the Federal Register an initial list of
minerals designated as critical pursuant to the final
methodology under subsection (c) for the purpose of carrying
out this title.
(e) Subsequent Review.--
(1) In general.--The Secretary shall review the methodology
and designations under subsections (c) and (d) at least every 5
years, or more frequently if considered appropriate by the
Secretary.
(2) Revisions.--Subject to subsection (d)(1), the Secretary
may--
(A) revise the methodology described in this
section;
(B) determine that minerals previously determined
to be critical minerals are no longer critical
minerals; and
(C) designate additional minerals as critical
minerals.
(f) Notice.--On finalization of the methodology under subsection
(c), the list under subsection (d), or any revision to the methodology
or list under subsection (e), the Secretary shall submit to Congress
written notice of the action.
SEC. 102. POLICY.
(a) In General.--Section 3 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is
amended in the second sentence--
(1) by striking paragraph (3) and inserting the following:
``(3) establish an analytical and forecasting capability
for identifying critical mineral demand, supply, and other
market dynamics relevant to policy formulation to allow
informed actions to be taken to avoid supply shortages,
mitigate price volatility, and prepare for demand growth and
other market shifts;'';
(2) in paragraph (6), by striking ``and'' after the
semicolon at the end;
(3) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(8) encourage Federal agencies to facilitate the
availability, development, and environmentally responsible
production of domestic resources to meet national critical
material or mineral needs;
``(9) avoid duplication of effort, prevent unnecessary
paperwork, and minimize unnecessary delays in the
administration of applicable laws (including regulations) and
the issuance of permits and authorizations necessary to explore
for, develop, and produce critical minerals and to construct
critical mineral manufacturing facilities in accordance with
applicable environmental and land management laws;
``(10) strengthen educational and research capabilities and
workforce training;
``(11) bolster international cooperation through technology
transfer, information sharing, and other means;
``(12) promote the efficient production, use, and recycling
of critical minerals;
``(13) develop alternatives to critical minerals; and
``(14) establish contingencies for the production of, or
access to, critical minerals for which viable sources do not
exist within the United States.''.
(b) 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 designated as a critical mineral pursuant to
section 101 of the Critical Minerals Policy Act of 2013.
``(2) Materials.--The term''.
SEC. 103. RESOURCE ASSESSMENT.
(a) 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 shall complete, using established resource assessment
methodologies and authorities of the United States Geological Survey, a
comprehensive national assessment of each critical mineral that--
(1) identifies and quantifies known critical mineral
resources, using all available public and private information
and datasets, including exploration histories;
(2) estimates the cost of production of the critical
mineral resources identified and quantified under this section,
using all available public and private information and
datasets, including exploration histories;
(3) provides a quantitative and qualitative assessment of
undiscovered critical mineral resources throughout the United
States on land available for mineral production, including
probability estimates of tonnage and grade, using all available
public and private information and datasets, including
exploration histories; and
(4) provides qualitative information on the environmental
attributes of the critical mineral resources identified under
this section.
(b) Supplementary Information.--In carrying out this section, the
Secretary (acting through the Director of the United States Geological
Survey) may carry out, consistent with applicable law, surveys
necessary or appropriate to supplement existing information and
datasets available for determining the existence of critical minerals
in the United States.
(c) Technical Assistance.--At the request of the Governor of a
State or the head of an Indian tribe, the Secretary may provide
technical assistance to State governments and Indian tribes conducting
critical mineral resource assessments on non-Federal land.
(d) Prioritization.--
(1) 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 section 101 are completed first.
(2) Reporting.--During the period beginning not later than
1 year after the date of enactment of this Act and ending on
date of the completion of all of the assessments required under
this section, the Secretary shall submit to Congress on an
annual basis an interim report that--
(A) identifies the sequence and schedule for
completion of the assessments if the Secretary
sequences the assessments; or
(B) describes the progress of the assessments if
the Secretary does not sequence the assessments.
(e) Updates.--The Secretary may periodically update the assessment
conducted under this section based on--
(1) the generation of new information or datasets by the
Federal Government; or
(2) the receipt of new information or datasets from
critical mineral producers, State geological surveys, academic
institutions, trade associations, or other entities or
individuals.
SEC. 104. STUDY.
The Secretary shall enter into an arrangement with the National
Academy of Sciences (referred to in this section as the ``Academy'')
under which the Academy shall provide an update of the 1999 report of
the Academy entitled ``Hardrock Mining on Federal Lands'', prepared
pursuant to section 120 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-
257), including an examination of--
(1) regulatory changes implemented since 1999 and the
extent to which the changes address recommendations made in the
report;
(2) additional steps that can be taken--
(A) to improve the quality and timeliness of final
decisions on applications, operating plans, leases,
licenses, permits, and other use authorizations for
hardrock mining activities on Federal land;
(B) to prevent unnecessary or undue degradation of
Federal land; and
(C) to improve inspection and enforcement of
hardrock mine and related sites on Federal land; and
(3) the number and location of abandoned hardrock mines.
SEC. 105. AGENCY REVIEW AND REPORTS.
(a) Performance Improvements.--To improve the quality and
timeliness of decisions, the Secretary (acting through the Director of
the Bureau of Land Management) and the Secretary of Agriculture (acting
through the Chief of the Forest Service) (referred to in this section
as the ``Secretaries'') shall, to the maximum extent practicable, with
respect to critical mineral production on Federal land--
(1) ensure that Federal permitting and review processes
inform decisionmakers and affected communities about the
potential positive and negative impacts of proposed mining
activities;
(2) ensure that mining activities are carried out in a
manner that is consistent with protecting the public health,
welfare, safety, national security, and environment of the
United States; and
(3) execute Federal permitting and review processes,
consistent with available resources, with maximum efficiency
and effectiveness, while ensuring the health, safety, and
security of communities and the environment and supporting
vital economic growth, by--
(A) setting and adhering to timelines and schedules
for completion of reviews and for inspection and
enforcement activities;
(B) setting clear permitting performance goals and
tracking progress against those goals;
(C) encouraging early collaboration among agencies,
project sponsors, and affected stakeholders to
incorporate and address their interests and minimize
delays;
(D) providing for transparency and accountability
by using cost-effective information technology to
collect and disseminate information about individual
projects and agency performance;
(E) achieving early and active consultation with
State, local, and tribal governments to avoid conflicts
or duplication of effort, resolve concerns, and allow
for concurrent rather than sequential reviews;
(F) providing demonstrable improvements in the
performance of Federal permitting and review processes,
including lower costs, more timely decisions, and a
healthier and cleaner environment;
(G) expanding and institutionalizing permitting and
review process improvements that have proven effective;
(H) developing mechanisms to better communicate
priorities and resolve disputes among agencies at the
national and regional levels; and
(I) developing other practices, such as pre-
application procedures.
(b) Review and Report.--Not later than 180 days after the date of
receipt of the report of the study under section 104, the Secretaries
shall submit to Congress a report that--
(1) describes the recommendations from the study under
section 104 that the Secretaries have existing legal authority
for and intend to implement, including estimated timelines for
the implementation;
(2) identifies additional measures (including regulatory
and legislative proposals, as appropriate) that would--
(A) increase the effectiveness and operational
efficiency of agency management of permitting
activities for the exploration and development of
domestic critical minerals; and
(B) improve the effectiveness of environmental
analysis and inspection and enforcement activities
relating to critical mineral-related activities on
Federal land;
(3) identifies options (including cost recovery paid by
applicants) for ensuring adequate staffing (including training
programs) of Federal entities responsible for--
(A) the consideration of applications, operating
plans, leases, licenses, permits, and other use
authorizations for critical mineral-related activities
on Federal land; and
(B) environmental analysis and inspection and
enforcement activities with respect to the critical
mineral-related activities;
(4) in coordination with the heads of other appropriate
Federal agencies, assesses whether Federal laws (including
regulations and tax provisions) or policies are adversely
affecting or are enhancing the global competitiveness of, or
investment in, the domestic critical minerals industry,
including the critical minerals manufacturing industry;
(5) quantifies the amount of time typically required to
complete each step associated with the development and
processing of applications, operating plans, leases, licenses,
permits, and other use authorizations for critical mineral-
related activities on Federal land; and
(6) describes actions taken pursuant to subsection (a).
(c) Annual Reports.--Beginning with the first budget submission by
the President under section 1105 of title 31, United States Code, after
submission to Congress of the report under subsection (b), and for the
next 10 annual budget submissions thereafter, the Secretaries shall
submit to Congress a report on--
(1) the implementation of recommendations, measures, and
options identified in paragraphs (1) through (3) of subsection
(b);
(2) achievement of, or progress towards, the target levels
of performance developed under subsection (d);
(3) actions taken under subsection (a); and
(4) the quantity, type, and estimated value (by mineral
type) of--
(A) critical minerals produced on Federal land; and
(B) all hardrock minerals produced on Federal land.
(d) Metrics of Agency Performance.--
(1) Establishment.--Not later than 180 days after the date
of the submission of the report under subsection (b), the
Secretaries, after public notice and comment, shall develop and
publish target levels of performance for agency management of
activities associated with the exploration for and development
of domestic critical minerals in accordance with applicable
laws, against which actual achievement or progress can be
compared, in--
(A) the timeliness of decisions, taking into
consideration the evaluation described in subsection
(b)(5);
(B) cost savings; and
(C) improved health and environmental performance.
(2) Incorporation in annual performance plans.--The
Secretaries shall use the target levels of performance under
paragraph (1) as performance goals in the appropriate agency
performance plans under section 1115 of title 31, United States
Code.
(e) Judicial Review.--
(1) In general.--Nothing in this section affects the
judicial review of an agency action under any provision of law.
(2) Construction.--This section--
(A) is intended to improve the internal management
of the Federal Government; and
(B) does not create any right or benefit,
substantive or procedural, enforceable at law or equity
by a party against the United States (including an
agency, instrumentality, officer, or employee) or any
other person.
(f) Administration.--Nothing in this section relieves the Secretary
of the Interior or the Secretary of Agriculture of any obligation or
duty under any other applicable law (including regulations).
SEC. 106. RECYCLING, EFFICIENCY, AND SUPPLY.
(a) Establishment.--The Secretary of Energy shall conduct a program
of research and development to promote the efficient production, use,
and recycling of critical minerals throughout the supply chain.
(b) Cooperation.--In carrying out the program, the Secretary of
Energy shall cooperate with appropriate--
(1) Federal agencies and National Laboratories;
(2) critical mineral producers;
(3) critical mineral processors;
(4) critical mineral manufacturers;
(5) trade associations;
(6) academic institutions;
(7) small businesses; and
(8) other relevant entities or individuals.
(c) Activities.--Under the program, the Secretary of Energy shall
carry out activities that include the identification and development
of--
(1) advanced critical mineral extraction, production,
separation, alloying, or processing technologies that decrease
the energy consumption, environmental impact, and costs of
those activities, including--
(A) efficient water and wastewater management
strategies;
(B) technologies and management strategies to
control the environmental impacts of radionuclides in
ore tailings; and
(C) technologies for separation and processing;
(2) technologies or process improvements that minimize the
use, or lead to more efficient use, of critical minerals across
the full supply chain;
(3) technologies, process improvements, or design
optimizations that facilitate the recycling of critical
minerals, and options for improving the rates of collection of
products and scrap containing critical minerals from post-
consumer, industrial, or other waste streams;
(4) commercial markets, advanced storage methods, energy
applications, and other beneficial uses of critical minerals
processing byproducts; and
(5) alternative minerals, metals, and materials,
particularly those available in abundance within the United
States and not subject to potential supply restrictions, that
lessen the need for critical minerals.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Energy shall submit to Congress a report
summarizing the activities, findings, and progress of the program.
SEC. 107. ALTERNATIVES.
(a) Establishment.--The Secretary of Energy shall conduct a program
of research, development, demonstration, and commercial application to
promote the development of alternatives to critical minerals.
(b) Cooperation.--In carrying out the program, the Secretary of
Energy shall cooperate with appropriate--
(1) Federal agencies (including National Laboratories);
(2) critical mineral producers;
(3) critical mineral manufacturers;
(4) trade associations;
(5) academic institutions;
(6) small businesses; and
(7) other relevant entities or individuals.
(c) Activities.--To lessen the need for critical minerals, the
program under this section shall carry out activities that include the
identification and development of--
(1) alternative minerals, metals, and minerals used in
energy technologies, particularly those that are available in
abundance in the United States and are not subject to potential
supply restrictions; and
(2) alternative energy technologies or alternative designs
of existing energy technologies, particularly those that use
minerals in abundance in the United States and are not subject
to potential supply restrictions.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Energy shall submit to Congress a report
summarizing the activities, findings, and progress of the program under
this section.
SEC. 108. ANALYSIS AND FORECASTING.
(a) Capabilities.--In order to evaluate existing critical mineral
policies and inform future actions that may be taken to avoid supply
shortages, mitigate price volatility, and prepare for demand growth and
other market shifts, the Secretary, in consultation with academic
institutions, the Energy Information Administration, and others in
order to maximize the application of existing competencies related to
developing and maintaining computer-models and similar analytical
tools, shall conduct and publish the results of an annual report that
includes--
(1) as part of the annually published Mineral Commodity
Summaries from the United States Geological Survey, a
comprehensive review of critical mineral production,
consumption, and recycling patterns, including--
(A) the quantity of each critical mineral
domestically produced during the preceding year;
(B) the quantity of each critical mineral
domestically consumed during the preceding year;
(C) market price data for each critical mineral;
(D) an assessment of--
(i) critical mineral requirements to meet
the national security, energy, economic,
industrial, technological, and other needs of
the United States during the preceding year;
(ii) the reliance of the United States on
foreign sources to meet those needs during the
preceding year; and
(iii) the implications of any supply
shortages, restrictions, or disruptions during
the preceding year;
(E) the quantity of each critical mineral
domestically recycled during the preceding year;
(F) the market penetration during the preceding
year of alternatives to each critical mineral;
(G) a discussion of applicable international trends
associated with the discovery, production, consumption,
use, costs of production, prices, and recycling of each
critical mineral as well as the development of
alternatives to critical minerals; and
(H) such other data, analyses, and evaluations as
the Secretary finds are necessary to achieve the
purposes of this section; and
(2) a comprehensive forecast, entitled the ``Annual
Critical Minerals Outlook'', of projected critical mineral
production, consumption, and recycling patterns, including--
(A) the quantity of each critical mineral projected
to be domestically produced over the subsequent 1-year,
5-year, and 10-year periods;
(B) the quantity of each critical mineral projected
to be domestically consumed over the subsequent 1-year,
5-year, and 10-year periods;
(C) market price projections for each critical
mineral, to the maximum extent practicable and based on
the best available information;
(D) an assessment of--
(i) critical mineral requirements to meet
projected national security, energy, economic,
industrial, technological, and other needs of
the United States;
(ii) the projected reliance of the United
States on foreign sources to meet those needs;
and
(iii) the projected implications of
potential supply shortages, restrictions, or
disruptions;
(E) the quantity of each critical mineral projected
to be domestically recycled over the subsequent 1-year,
5-year, and 10-year periods;
(F) the market penetration of alternatives to each
critical mineral projected to take place over the
subsequent 1-year, 5-year, and 10-year periods;
(G) a discussion of reasonably foreseeable
international trends associated with the discovery,
production, consumption, use, costs of production,
prices, and recycling of each critical mineral as well
as the development of alternatives to critical
minerals; and
(H) such other projections relating to each
critical mineral as the Secretary determines to be
necessary to achieve the purposes of this section.
(b) Proprietary Information.--In preparing a report described in
subsection (a), the Secretary shall ensure, consistent with section
5(f) of the National Materials and Minerals Policy, Research and
Development Act of 1980 (30 U.S.C. 1604(f)), that--
(1) no person uses the information and data collected for
the report for a purpose other than the development of or
reporting of aggregate data in a manner such that the identity
of the person who supplied the information is not discernible
and is not material to the intended uses of the information;
(2) no person discloses any information or data collected
for the report unless the information or data has been
transformed into a statistical or aggregate form that does not
allow the identification of the person who supplied particular
information; and
(3) procedures are established to require the withholding
of any information or data collected for the report if the
Secretary determines that withholding is necessary to protect
proprietary information, including any trade secrets or other
confidential information.
SEC. 109. EDUCATION AND WORKFORCE.
(a) Workforce Assessment.--Not later than 1 year and 300 days after
the date of enactment of this Act, the Secretary of Labor (in
consultation with the Secretary of the Interior, the Director of the
National Science Foundation, and employers in the critical minerals
sector) shall submit to Congress an assessment of the domestic
availability of technically trained personnel necessary for critical
mineral assessment, production, manufacturing, recycling, analysis,
forecasting, education, and research, including an analysis of--
(1) skills that are in the shortest supply as of the date
of the assessment;
(2) skills that are projected to be in short supply in the
future;
(3) the demographics of the critical minerals industry and
how the demographics will evolve under the influence of factors
such as an aging workforce;
(4) the effectiveness of training and education programs in
addressing skills shortages;
(5) opportunities to hire locally for new and existing
critical mineral activities;
(6) the sufficiency of personnel within relevant areas of
the Federal Government for achieving the policies described in
section 3 of the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C. 1602); and
(7) the potential need for new training programs to have a
measurable effect on the supply of trained workers in the
critical minerals industry.
(b) Curriculum Study.--
(1) In general.--The Secretary and the Secretary of Labor
shall jointly enter into an arrangement with the National
Academy of Sciences and the National Academy of Engineering
under which the Academies shall coordinate with the National
Science Foundation on conducting a study--
(A) to design an interdisciplinary program on
critical minerals that will support the critical
mineral supply chain and improve the ability of the
United States to increase domestic, critical mineral
exploration, development, and manufacturing;
(B) to address undergraduate and graduate
education, especially to assist in the development of
graduate level programs of research and instruction
that lead to advanced degrees with an emphasis on the
critical mineral supply chain or other positions that
will increase domestic, critical mineral exploration,
development, and manufacturing;
(C) to develop guidelines for proposals from
institutions of higher education with substantial
capabilities in the required disciplines to improve the
critical mineral supply chain and advance the capacity
of the United States to increase domestic, critical
mineral exploration, development, and manufacturing;
and
(D) to outline criteria for evaluating performance
and recommendations for the amount of funding that will
be necessary to establish and carry out the grant
program described in subsection (c).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
description of the results of the study required under
paragraph (1).
(c) Grant Program.--
(1) Establishment.--The Secretary and the National Science
Foundation shall jointly conduct a competitive grant program
under which institutions of higher education may apply for and
receive 4-year grants for--
(A) startup costs for newly designated faculty
positions in integrated critical mineral education,
research, innovation, training, and workforce
development programs consistent with subsection (b);
(B) internships, scholarships, and fellowships for
students enrolled in programs related to critical
minerals; and
(C) equipment necessary for integrated critical
mineral innovation, training, and workforce development
programs.
(2) Renewal.--A grant under this subsection shall be
renewable for up to 2 additional 3-year terms based on
performance criteria outlined under subsection (b)(1)(D).
SEC. 110. INTERNATIONAL COOPERATION.
(a) Establishment.--The Secretary of State, in coordination with
the Secretary and the Secretary of Energy, shall carry out a program to
promote international cooperation on critical mineral supply chain
issues with allies of the United States.
(b) Activities.--Under the program, the Secretary of State may work
with allies of the United States--
(1) to increase the global, responsible production of
critical minerals, if a determination is made by the Secretary
of State that there is no viable production capacity for the
critical minerals within the United States;
(2) to improve the efficiency and environmental performance
of extraction techniques;
(3) to increase the recycling of, and deployment of
alternatives to, critical minerals;
(4) to assist in the development and transfer of critical
mineral extraction, processing, and manufacturing technologies
that would have a beneficial impact on world commodity markets
and the environment;
(5) to strengthen and maintain intellectual property
protections; and
(6) to facilitate the collection of information necessary
for analyses and forecasts conducted pursuant to section 108.
TITLE II--MINERAL-SPECIFIC ACTIONS
SEC. 201. ADMINISTRATION.
Nothing in this title or an amendment made by this title affects
the methodology or designations established under section 101.
SEC. 202. COBALT.
(a) Authorization.--The Secretary shall support research programs
that focus on novel uses for cobalt (including energy technologies and
super-alloys), including--
(1) use in energy technologies (including, for purposes of
this section, rechargeable batteries, catalysts, photovoltaic
cells, permanent magnets, and fuel cells);
(2) use in alloys with military equipment, civil aviation,
and electricity generation applications; and
(3) use as coal-to-gas and coal-to-liquid catalysts.
(b) Categories.--Research under this section shall be conducted
in--
(1) a fundamental category, including laboratory and
literature research; and
(2) an applied category, including plant and field
research.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing--
(1) the research programs carried out under this section;
(2) the findings of the programs; and
(3) future research efforts planned.
SEC. 203. LEAD.
(a) In General.--The Secretary shall support research programs that
focus on advanced lead manufacturing processes, including programs
that--
(1) contribute to the establishment of a secure, domestic
supply of lead;
(2) produce technologies that represent an environmental
improvement compared to conventional production processes; or
(3) produce technologies that attain a higher efficiency
level compared to conventional production processes.
(b) Coordination.--In carrying out the programs under subsection
(a), the Secretary shall coordinate with other entities to promote the
development of environmentally responsible lead manufacturing,
including--
(1) other Federal agencies;
(2) States with affected interests;
(3) manufacturers;
(4) energy technology manufacturers, including producers of
batteries and other energy storage technologies; and
(5) any others considered appropriate by the Secretary.
SEC. 204. LITHIUM.
Subtitle E of title VI of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17241 et seq.) is amended by adding at the end the
following:
``SEC. 657. GRANTS FOR LITHIUM PRODUCTION RESEARCH AND DEVELOPMENT.
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a private partnership or other entity that is--
``(A) organized in accordance with Federal law; and
``(B) engaged in lithium production for use in
advanced battery technologies;
``(2) a public entity, such as a State, tribal, or local
governmental entity; or
``(3) a consortium of entities described in paragraphs (1)
and (2).
``(b) Grants.--The Secretary shall provide grants to eligible
entities for research, development, demonstration, and commercial
application of domestic industrial processes that are designed to
enhance domestic lithium production for use in advanced battery
technologies, as determined by the Secretary.
``(c) Use.--An eligible entity shall use a grant provided under
this section to develop or enhance--
``(1) domestic industrial processes that increase lithium
production, processing, or recycling for use in advanced
lithium batteries; or
``(2) industrial processes associated with new formulations
of lithium feedstock for use in advanced lithium batteries.''.
SEC. 205. THORIUM.
(a) Study.--The Secretary, in consultation with the Nuclear
Regulatory Commission, shall conduct a study on the technical,
economic, and policy issues (including nonproliferation) associated
with establishing a licensing pathway for the complete thorium nuclear
fuel cycle (including mining, milling, processing, fabrication,
reactors, disposal, and decommissioning) that--
(1) identifies the gaps in the technical knowledge that
could lead to a licensing pathway; and
(2) considers technologies and applications for any thorium
byproducts of critical mineral production or processing.
(b) Cooperation.--In conducting the study under subsection (a), the
Secretary shall cooperate with appropriate--
(1) trade associations;
(2) equipment manufacturers;
(3) National Laboratories;
(4) institutions of higher education; and
(5) other applicable entities.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report summarizing
the findings of the study.
SEC. 206. NONTRADITIONAL SOURCES FOR RARE EARTH ELEMENTS.
(a) In General.--The Secretary shall conduct a program to identify,
research, and develop rare earth elements from nontraditional sources
that--
(1) identifies and assesses the technological feasibility
of extracting rare earth elements from nontraditional sources;
(2) develops advanced rare earth element processing
technologies to increase the economic viability and improve the
environmental impact of recovering rare earth elements from
identified nontraditional sources; and
(3) provides technical assistance to industrial partners to
develop and demonstrate rare earth element recovery from
identified nontraditional sources.
(b) Report.--Not later than 2 years after the date of enactment of
this Act the Secretary shall submit to Congress a report summarizing
the activities, findings, and progress of the program.
TITLE III--MISCELLANEOUS
SEC. 301. REPEAL; AUTHORIZATION OFFSET.
(a) Repeal.--
(1) In general.--The National Critical Materials Act of
1984 (30 U.S.C. 1801 et seq.) is repealed.
(2) Conforming amendment.--Section 3(d) of the National
Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
5202(d)) is amended in the first sentence by striking ``, with
the assistance of the National Critical Materials Council as
specified in the National Critical Materials Act of 1984 (30
U.S.C. 1801 et seq.),''.
(b) Authorization Offset.--Section 207(c) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is amended
by inserting before the period at the end the following: ``, except
that the amount authorized to be appropriated to carry out this section
not appropriated as of the date of enactment of the Critical Minerals
Policy Act of 2013 shall be reduced by $60,000,000''.
SEC. 302. ADMINISTRATION.
Nothing in this Act or an amendment made by this Act modifies any
requirement or authority provided by the matter under the heading
``GEOLOGICAL SURVEY'' of the first section of the Act of March 3, 1879
(43 U.S.C. 31(a)).
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act and
the amendments made by this Act $60,000,000, of which--
(1) $2,000,000 may be used to carry out section 101, to
remain available until expended;
(2) $20,000,000 may be used to carry out the amendment made
by section 103, to remain available until expended;
(3) $2,000,000 may be used to carry out section 104, to
remain available until expended;
(4) $8,000,000 may be used to carry out section 105, to
remain available until expended;
(5) $1,5000,000 for each of fiscal years 2014 and 2015 may
be used to carry out each of sections 106 and 107, to remain
available until expended;
(6) $4,000,000 for each of fiscal years 2014 and 2015 may
be used to carry out section 108, to remain available until
expended;
(7) $2,000,000 for each of fiscal years 2014 and 2015 may
be used to carry out section 109, to remain available until
expended;
(8) $500,000 for each of fiscal years 2014 and 2015 may be
used to carry out section 110, to remain available until
expended;
(9) $1,000,000 for each of fiscal years 2014 and 2015 may
be used to carry out each of sections 202, 203, 204, and 206
and the amendments made by those sections; and
(10) $1,000,000 may be used to carry out section 205, to
remain available until expended.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7631-7632)
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 113-192.
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