Sec. 101. Designations

345 words·~2 min read·/bill/113/s/1600/is/section-101

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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— 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 energy technology-, defense-, agriculture-, consumer electronics-, 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 to the extent necessary. 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. 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. 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. 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. Subject to subsection (d)(1), the Secretary may— revise the methodology described in this section; determine that minerals previously determined to be critical minerals are no longer critical minerals; and designate additional minerals as critical minerals. 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.