Congressional Record — Senate, S2795 (May 19, 2021)
Summary
Congressional Record, Senate, pages S2795 and S2796, May 19, 2021. The page opens with bill text on improving domestic permitting processes for critical mineral projects, setting a total review period for projects on Federal land that may not exceed 18 months, or 24 months where an environmental impact statement is required. It also prints text authorizing technology grants for mining schools and an authorization of $10,000,000 for each of fiscal years 2022 through 2026. Amendments to amendment SA 1502 proposed by Schumer are then submitted by Johnson, including a rescission of $109,700,000,000 of unobligated funds under the American Rescue Plan Act of 2021 and review panels for Federal research grants with a ‘‘taxpayer advocate.’’
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“Congressional Record — Senate, S2795 (May 19, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-05-19-crec-2021-05-19-pt1-pgs2795-e8de685d53/
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May 19, 2021 CONGRESSIONAL RECORD — SENATE S2795
forms of mine waste and metallurgical ac- agreement with the project sponsor that sets (2) mining, mineral extraction efficiency,
tivities, including mine waste piles, aban- time limits for each part of the permitting and related processing technology;
doned mine land sites, acid mine drainage process, including— (3) reclamation technology and practices
sludge, byproducts produced through legacy (1) the decision on whether to prepare an for active mining operations;
mining and metallurgy activities, and oil environmental impact statement or similar (4) the development of remining systems
shale. analysis required under the National Envi- and technologies that facilitate reclamation
(2) AUTHORIZATION OF APPROPRIATIONS.— ronmental Policy Act of 1969 (42 U.S.C. 4321 that fosters the recovery of resources at
There is authorized to be appropriated to et seq.); abandoned mine sites;
carry out the program under paragraph (1) (2) a determination of the scope of any en- (5) critical mineral extraction methods
$30,000,000 for each of fiscal years 2022 vironmental impact statement or similar that reduce environmental and human im-
through 2026. analysis required under that Act; pacts;
(b) REPORT.—Not later than 1 year after (3) the scope of, and schedule for, the base- (6) technologies to extract, refine, sepa-
the date of enactment of this Act, the Sec- line studies required to prepare an environ- rate, melt, or produce rare earth elements;
retary, in consultation with the Secretary of mental impact statement or similar analysis (7) reducing dependence on foreign energy
the Interior, shall submit to the Committee required under that Act; and mineral supplies through increased do-
on Energy and Natural Resources of the Sen- (4) preparation of any draft environmental mestic critical mineral production;
ate and the Committee on Natural Re- impact statement or similar analysis re- (8) enhancing the competitiveness of
sources, the Committee on Science, Space, quired under that Act; United States energy and mineral tech-
and Technology, and the Committee on En- (5) preparation of a final environmental nology exports;
ergy and Commerce of the House of Rep- impact statement or similar analysis re- (9) the extraction or processing of coin-
resentatives a report evaluating the research quired under that Act; ciding mineralization, including rare earth
and development of advanced processing (6) any consultations required under appli- elements, within coal, coal processing by-
technologies for the extraction, refining, cable law; product, overburden or coal residue;
separation, melting, or production of critical (7) submission and review of any comments (10) enhancing technologies and practices
minerals, including rare earth elements. required under applicable law; relating to mitigation of acid mine drainage,
Subtitle B—Critical Mineral Development (8) publication of any public notices re- reforestation, and revegetation in the rec-
and Technology Support quired under applicable law; and lamation of land and water resources ad-
SEC. 6421. IMPROVING DOMESTIC PERMITTING
(9) any final or interim decisions. versely affected by mining;
PROCESSES. (d) CONSIDERATIONS.—In carrying out this (11) enhancing exploration and character-
section, the lead agency shall consider defer- ization of new or novel deposits, including
(a) IN GENERAL.—Notwithstanding any
ring to, and relying on, baseline data, anal- rare earth elements and critical minerals
other provision of law, and except with
yses, and reviews performed by State agen- within phosphate rocks, uranium bearing de-
agreement of the project sponsor, the total
cies with jurisdiction over the proposed crit- posits, and other non-traditional sources;
period for all necessary Federal reviews and
ical mineral project. (12) meeting challenges of extreme mining
permit consideration for a critical mineral (e) MEMORANDUM OF AGREEMENT.—The lead
project on Federal land reasonably expected conditions, such as deeper deposits or off-
agency with respect to a critical mineral shore or cold region mining; and
to produce critical minerals may not ex- project on Federal land, in consultation with
ceed— (13) mineral economics, including analysis
any other Federal agency with jurisdiction of supply chains, future mineral needs, and
(1) with respect to a project that requires over the critical mineral project, shall, on
an environmental assessment under section unconventional mining resources.
request of the project sponsor, a State or (c) MINIMUM AMOUNT FOR MINING
102(2)(C) of the National Environmental Pol- local government, an Indian Tribe, or an- SCHOOLS.—The Secretary shall use not less
icy Act of 1969 (42 U.S.C. 4332(2)(C)), 18 other entity the lead agency determines ap- than 70 percent of the amounts made avail-
months; or propriate, establish a memorandum of agree- able for the grant program established under
(2) with respect to a project that requires ment with the project sponsor, a State or subsection (b) for each fiscal year to provide
an environmental impact statement under local government, an Indian Tribe, or an- grants for the purpose described in para-
that section, 24 months. other entity the lead agency determines ap- graph (1) of that subsection.
(b) DETERMINATION UNDER NATIONAL ENVI- propriate to carry out the activities de- (d) PUBLIC PARTICIPATION.—In carrying out
RONMENTAL POLICY ACT.— scribed in this section. this section, the Secretary shall—
(1) IN GENERAL.—To the extent that the Na- (f) ADDRESSING PUBLIC COMMENTS.—As part (1) consult with relevant stakeholders; and
tional Environmental Policy Act of 1969 (42 of the review process of a critical mineral (2) provide to undergraduate and graduate
U.S.C. 4321 et seq.) applies to the issuance of project under the National Environmental students at mining schools significant oppor-
any mineral exploration or mine permit re- Policy Act of 1969 (42 U.S.C. 4321 et seq.), the tunities for participation.
lating to a critical mineral project, the lead lead agency may not address any agency or (e) AUTHORIZATION OF APPROPRIATIONS.—
agency may deem the requirements of that public comments that were not submitted— There is authorized to be appropriated to
Act to be satisfied if the lead agency deter- (1) during a public comment period or con- carry out this section $10,000,000 for each of
mines that a State or Federal agency acting sultation period provided during the permit- fiscal years 2022 through 2026.
under State or Federal law has addressed the ting process; or ---
following factors: (2) as otherwise required by law. SA 1538. Mr. JOHNSON submitted an
(A) The environmental impact of the ac- SEC. 6422. TECHNOLOGY GRANTS TO STRENGTH- amendment intended to be proposed to
tion to be conducted under the permit. EN DOMESTIC MINING WORKFORCE. amendment SA 1502 proposed by Mr.
(B) Possible alternatives to issuance of the (a) DEFINITION OF MINING SCHOOL.—In this
permit.
SCHUMER to the bill S. 1260, to establish
section, the term ‘‘mining school’’ means—
(C) The relationship between long- and (1) a mining, metallurgical, or mineral en- a new Directorate for Technology and
short-term uses of the local environment and gineering program or department accredited Innovation in the National Science
the maintenance and enhancement of long- by the Accreditation Board for Engineering Foundation, to establish a regional
term productivity. and Technology, Inc. that is located at an in- technology hub program, to require a
(D) Any irreversible and irretrievable com- stitution of higher education (as defined in strategy and report on economic secu-
mitment of resources that would be involved section 101 of the Higher Education Act of rity, science, research, innovation,
in the proposed action. 1965 (20 U.S.C. 1001)); and manufacturing, and job creation, to es-
(2) PUBLICATION.—The lead agency shall (2) a geology or engineering program or de-
publish a determination under paragraph (1)
tablish a critical supply chain resil-
partment that is located at an institution of
not later than 90 days after receipt of an ap- higher education (as so defined) located in a iency program, and for other purposes;
plication for the permit. State the gross domestic product of which in which was ordered to lie on the table;
(3) VERIFICATION.—The lead agency shall 2020 was not less than $1,000,000,000 in the as follows:
publish a determination that the factors category ‘‘Mining, quarrying, and oil & gas At the appropriate place in title III of divi-
under paragraph (1) have been sufficiently extraction’’, according to the Bureau of Eco- sion F, insert the following:
addressed and public participation has oc- nomic Analysis. SEC. 63lll. USE OF PREVIOUSLY APPRO-
curred with regard to any authorizing ac- (b) GRANT PROGRAM.—The Secretary, in co- PRIATED FUNDS.
tions before issuing any mineral exploration ordination with the Secretary of the Inte- (a) IN GENERAL.—Notwithstanding any
or mine permit for a critical mineral project. rior, shall establish a competitive grant pro- other provision of law, any amounts appro-
(c) SCHEDULE FOR PERMITTING PROCESS.— gram under which an entity receiving a priated under the American Rescue Plan Act
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For any critical mineral project for which grant shall carry out a study, research of 2021 (Public Law 117–2), other than
the lead agency cannot make the determina- project, or demonstration project relating to amounts appropriated under a provision ex-
tion described in subsection (b)(1), at the re- the production of critical minerals, includ- empted under subsection (b), that are unobli-
quest of a project sponsor, the lead agency, ing relating to— gated on the date of enactment of this Act
cooperating agencies, and any other agencies (1) enhancing and supporting mining and shall be made available for purposes of car-
involved with the mineral exploration or mineral engineering programs at mining rying out this Act, including the amend-
mine permitting process shall enter into an schools; ments made by this Act.
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S2796 CONGRESSIONAL RECORD — SENATE May 19, 2021
(b) EXEMPTIONS.—No amounts made avail- tablish a critical supply chain resil- each review panel for a specific Federal re-
able under subtitle D, E, F, G, or H of title iency program, and for other purposes; search grant shall include—
II, subtitle C of title III, or title V of the which was ordered to lie on the table; (1) at least one individual who is not pro-
American Rescue Plan Act of 2021 (Public fessionally affiliated with any academic or
as follows: research institution, has not been profes-
Law 117–2) may be used for purposes of car-
rying out this Act, or any amendments made On page 1437, line 4, strike ‘‘$252,000,000’’ sionally affiliated in the 10 years preceding
by this Act, pursuant to subsection (a). and insert ‘‘$184,524,000’’. the date of inclusion on the panel, and is an
expert in a field unrelated to the field of re-
SA 1539. Mr. JOHNSON submitted an SA 1542. Mr. JOHNSON submitted an search under which the grant proposal was
amendment intended to be proposed to amendment intended to be proposed to submitted; and
amendment SA 1502 proposed by Mr. amendment SA 1502 proposed by Mr. (2) at least one individual who shall serve
SCHUMER to the bill S. 1260, to establish primarily as a ‘‘taxpayer advocate’’ (defined
SCHUMER to the bill S. 1260, to establish as someone whose main focus is on the value
a new Directorate for Technology and a new Directorate for Technology and
Innovation in the National Science proposed research delivers to the taxpayer).
Innovation in the National Science (b) PROHIBITION ON RECEIVING REC-
Foundation, to establish a regional Foundation, to establish a regional OMMENDATIONS FROM GRANT APPLICANTS ON
technology hub program, to require a technology hub program, to require a REVIEW PANEL.—Notwithstanding any other
strategy and report on economic secu- strategy and report on economic secu- provision of law, each agency that awards a
rity, science, research, innovation, rity, science, research, innovation, Federal research grant shall not accept rec-
manufacturing, and job creation, to es- ommendations from an applicant for such
manufacturing, and job creation, to es- grant as to who should or should not be on
tablish a critical supply chain resil- tablish a critical supply chain resil-
the grant review panel for such applicant.
iency program, and for other purposes; iency program, and for other purposes; SEC. 2529. SPECIAL INSPECTOR GENERAL AND
which was ordered to lie on the table; which was ordered to lie on the table; TAXPAYER ADVOCATE FOR RE-
as follows: as follows: SEARCH.
On page 1437, line 6, strike ‘‘$418,000,000’’ (a) ESTABLISHMENT.—
At the appropriate place in title V of divi- (1) IN GENERAL.—There is established an Of-
and insert ‘‘$351,000,000’’.
sion B, insert the following: fice of the Special Inspector General and
SEC. 25ll. RESCISSION. SA 1543. Mr. LUJÁN (for himself, Taxpayer Advocate for Research.
Of the amounts made available by the Mrs. CAPITO, and Mr. MANCHIN) sub- (2) HEAD OF OFFICE.—There shall be at the
American Rescue Plan Act of 2021 (Public head of the Office described in paragraph (1)
Law 117–2) (including any amendments made
mitted an amendment intended to be
proposed to amendment SA 1502 pro- the Special Inspector General and Taxpayer
by such Act), except for amounts made avail- Advocate for Research, who shall be ap-
able under subtitle D, E, F, G, or H of title posed by Mr. SCHUMER to the bill S. pointed by the President, by and with the ad-
II of such Act (or amendments made by any 1260, to establish a new Directorate for vice and consent of the Senate.
such subtitle), and remaining unobligated on Technology and Innovation in the Na- (b) TRANSFER OF FUNCTIONS AND SAVINGS.—
the date of enactment of this Act, tional Science Foundation, to establish (1) DEFINITIONS.—In this subsection, unless
$109,700,000,000 (or, if the full such amount is a regional technology hub program, to otherwise provided or indicated by the con-
not unobligated on such date, the portion of require a strategy and report on eco- text—
such amount that remains unobligated) is (A) the term ‘‘Federal agency’’ has the
hereby rescinded.
nomic security, science, research, inno-
meaning given to the term ‘‘agency’’ by sec-
vation, manufacturing, and job cre- tion 551(1) of title 5, United States Code;
SA 1540. Mr. JOHNSON submitted an ation, to establish a critical supply (B) the term ‘‘function’’ means any duty,
amendment intended to be proposed to chain resiliency program, and for other obligation, power, authority, responsibility,
amendment SA 1502 proposed by Mr. purposes; which was ordered to lie on right, privilege, activity, or program; and
SCHUMER to the bill S. 1260, to establish the table; as follows: (C) the term ‘‘office’’ includes any office,
a new Directorate for Technology and In section 2116, between subsections (e) and administration, agency, institute, unit, orga-
(f), insert the following: nizational entity, or component thereof.
Innovation in the National Science
(f) AMOUNTS FOR NEXT GENERATION RADAR (2) TRANSFER.—There are transferred to
Foundation, to establish a regional the Office of the Special Inspector General
AND RADIO ASTRONOMY IMPROVEMENTS AND
technology hub program, to require a RELATED ACTIVITIES.— and Taxpayer Advocate for Research all
strategy and report on economic secu- (1) IN GENERAL.—From the amounts au- functions which the Office of Inspector Gen-
rity, science, research, innovation, thorized to be appropriated to the Founda- eral of the National Science Foundation ex-
manufacturing, and job creation, to es- tion for a fiscal year under this section, ercised before the date of enactment of this
tablish a critical supply chain resil- $176,000,000 shall be made available for the division (including all related functions of
iency program, and for other purposes; design, development, prototyping, or mid- any officer or employee of the Office of In-
scale upgrades of next generation radar and spector General of the National Science
which was ordered to lie on the table;
radio astronomy improvements and related Foundation).
as follows: (3) RULES.—The Office of the Special In-
activities under section 14 of the National
On page 1105, line 21, strike ‘‘; and’’ and in- Science Foundation Authorization Act of spector General and Taxpayer Advocate for
sert a semicolon. 2002 (42 U.S.C. 1862n-4). Research is authorized to prescribe, in ac-
On page 1106, line 7, strike the period at (2) SUPPLEMENT AND NOT SUPPLANT.—The cordance with the provisions of chapters 5
the end and insert a semicolon. amounts made available under this sub- and 6 of title 5, United States Code, such
On page 1106, between lines 7 and 8, insert section shall supplement, and not supplant, rules and regulations as the Office of the
the following: any other amounts appropriated to the Special Inspector General and Taxpayer Ad-
(5) include an evaluation of and rec- Foundation. vocate for Research determines necessary or
ommendations for modification, consolida- appropriate to administer and manage the
tion, or repeal of regulations with the aim of SA 1544. Mr. PAUL submitted an functions of the Office of the Special Inspec-
complying with domestic content procure- amendment intended to be proposed by tor General and Taxpayer Advocate for Re-
ment preferences and improving competi- search.
tiveness; and
him to the bill S. 1260, to establish a
new Directorate for Technology and In- (4) TRANSFER AND ALLOCATIONS OF APPRO-
(6) include an assessment of the impacts of PRIATIONS AND PERSONNEL.—Except as other-
Federal permitting processes on the oper- novation in the National Science Foun- wise provided in this subsection, the per-
ation of any applicable domestic content dation, to establish a regional tech- sonnel employed in connection with, and the
procurement preference. nology hub program, to require a strat- assets, liabilities, contracts, property,
egy and report on economic security, records, and unexpended balances of appro-
SA 1541. Mr. JOHNSON submitted an science, research, innovation, manufac- priations, authorizations, allocations, and
amendment intended to be proposed to turing, and job creation, to establish a other funds employed, used, held, arising
amendment SA 1502 proposed by Mr. critical supply chain resiliency pro- from, available to, or to be made available in
SCHUMER to the bill S. 1260, to establish gram, and for other purposes; which connection with the functions transferred by
a new Directorate for Technology and this subsection, subject to section 1531 of
was ordered to lie on the table; as fol-
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Innovation in the National Science title 31, United States Code, shall be trans-
lows: ferred to the Office of the Special Inspector
Foundation, to establish a regional After section 2527 of title V of division B General and Taxpayer Advocate for Re-
technology hub program, to require a insert the following: search. Unexpended funds transferred pursu-
strategy and report on economic secu- SEC. 2528. REVIEW PANELS. ant to this paragraph shall be used only for
rity, science, research, innovation, (a) INCLUSION ON REVIEW PANELS.—Not- the purposes for which the funds were origi-
manufacturing, and job creation, to es- withstanding any other provision of law, nally authorized and appropriated.
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