Sec. 802. Designations
314 words·~1 min read·
/bill/113/s/1401/is/section-802·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 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— subject to potential supply restrictions (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, and anti-competitive or protectionist behaviors); and important in use (including clean energy technology-, defense-, agriculture-, and health care-related applications).
If available data is insufficient to provide a quantitative basis for the methodology developed under this section, qualitative evidence may be used. After reviewing public comments on the draft methodology under subsection
(a)and updating the draft methodology as appropriate, the Secretary shall enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering to obtain, not later than 120 days after the date of enactment of this Act— a review of the methodology; and recommendations for improving the methodology. After reviewing the recommendations under subsection (c), not later than 150 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. Not later than 180 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a list of minerals designated as critical, pursuant to the final methodology under subsection (d), for purposes of carrying out this title. The methodology and designations developed under subsections
(d)and
(e)shall be updated at least every 5 years, or in more regular intervals if considered appropriate by the Secretary. On finalization of the methodology under subsection (d), the list under subsection (e), or any update to the list under subsection (f), the Secretary shall submit to the applicable committees written notice of the action.