Sec. 102. Critical mineral designations
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The Secretary, acting through the Director of the United States Geological Survey, shall publish in the Federal Register for public comment a draft— description of the methodology used to identify critical minerals; list of minerals, elements, substances, and materials that qualify as critical minerals; and list of critical minerals recoverable as byproducts. Not later than 45 days after the date on which the public comment period described in paragraph
(1)ends, the Secretary, acting through the Director of the United States Geological Survey, shall publish in the Federal Register— a description of the methodology for determining which minerals, elements, substances, and materials qualify as critical minerals; a list of critical minerals; and a list of critical minerals recoverable as byproducts. The Secretary shall designate a mineral, element, substance, or material as a critical mineral for the purposes of this subsection if the Secretary determines, in consultation with the Secretaries of Defense, Commerce, Agriculture, and Energy, and the United States Trade Representative that— such mineral, element, substance, or material is essential to the economic or national security of the United States; the supply chain of such mineral, element, substance, or material is vulnerable to disruption (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, violent unrest, anti-competitive or protectionist behaviors, and other risks throughout the supply chain); and such mineral, element, substance, or material serves an essential function in the manufacturing 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. The Secretary may designate a 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. 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 subsection
(b)not less frequently than every 3 years and may revise such determinations as the Secretary, in consultation with Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative, determines appropriate. The Secretary, in making a determination under this subsection, shall to the extent possible, use quantitative methods to make such determination. On finalization of the methodology and the list under subsection (b), or any revision to the methodology or list under subsection (d), the Secretary shall submit to Congress written notice of the action. There are authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2021 through 2030 to carry out this section.