HR 3617 — Securing America’s Critical Minerals Supply Act

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 DEPARTMENT OF ENERGY ORGANIZATION ACT

 * * * * * * *
 definitions

 Sec. 2. (a) As used in this Act, unless otherwise provided or 
indicated by the context, the term the ``Department'' means the 
Department of Energy or any component thereof, including the 
Federal Energy Regulatory Commission.
 (b) As used in this Act (1) reference to ``function'' 
includes reference to any duty, obligation, power, authority, 
responsibility, right, privilege, and activity, or the plural 
thereof, as the case may be; and (2) reference to ``perform'', 
when used in relation to functions, includes the undertaking, 
fulfillment, or execution of any duty or obligation; and the 
exercise of power, authority, rights, and privileges.
 (c) As used in this Act, ``Federal lease'' means an agreement 
which, for any consideration, including but not limited to, 
bonuses, rents, or royalties conferred and covenants to be 
observed, authorizes a person to explore for, or develop, or 
produce (or to do any or all of these) oil and gas, coal, oil 
shale, tar sands, and geothermal resources on lands or 
interests in lands under Federal jurisdiction.
 (d) As used in sections 102(20) and 203(a)(12), the term 
``critical energy resource'' means any energy resource--
 (1) that is essential to the energy sector and energy 
 systems of the United States; and
 (2) the supply chain of which is vulnerable to 
 disruption.

TITLE I--DECLARATION OF FINDINGS AND PURPOSES

 * * * * * * *

 purposes

 Sec. 102. The Congress therefore declares that the 
establishment of a Department of Energy is in the public 
interest and will promote the general welfare by assuring 
coordinated and effective administration of Federal energy 
policy and programs. It is the purpose of this Act:
 (1) To establish a Department of Energy in the 
 executive branch.
 (2) To achieve, through the Department, effective 
 management of energy functions of the Federal 
 Government, including consultation with the heads of 
 other Federal departments and agencies in order to 
 encourage them to establish and observe policies 
 consistent with a coordinated energy policy, and to 
 promote maximum possible energy conservation measures 
 in connection with the activities within their 
 respective jurisdictions.
 (3) To provide for a mechanism through which a 
 coordinated national energy policy can be formulated 
 and implemented to deal with the short-, mid- and long-
 term energy problems of the Nation; and to develop 
 plans and programs for dealing with domestic energy 
 production and import shortages.
 (4) To create and implement a comprehensive energy 
 conservation strategy that will receive the highest 
 priority in the national energy program.
 (5) To carry out the planning, coordination, support, 
 and management of a balanced and comprehensive energy 
 research and development progam, including--
 (A) assessing the requirements for energy 
 research and development;
 (B) developing priorities necessary to meet 
 those requirements;
 (C) undertaking programs for the optimal 
 development of the various forms of energy 
 production and conservation; and
 (D) disseminating information resulting from 
 such programs, including disseminating 
 information on the commercial feasibility and 
 use of energy from fossil, nuclear, solar, 
 geothermal, and other energy technologies.
 (6) To place major emphasis on the development and 
 commercial use of solar, geothermal, recycling and 
 other technologies utilizing renewable energy 
 resources.
 (7) To continue and improve the effectiveness and 
 objectivity of a central energy data collection and 
 analysis program within the Department.
 (8) To facilitate establishment of an effective 
 strategy for distributing and allocating fuels in 
 periods of short supply and to provide for the 
 administration of a national energy supply reserve.
 (9) To promote the interests of consumers through the 
 provision of an adequate and reliable supply of energy 
 at the lowest reasonable cost.
 (10) To establish and implement through the 
 Department, in coordination with the Secretaries of 
 State, Treasury, and Defense, policies regarding 
 international energy issues that have a direct impact 
 on research, development, utilization, supply, and 
 conservation of energy in the United States and to 
 undertake activities involving the integration of 
 domestic and foreign policy relating to energy, 
 including provision of independent technical advice to 
 the President on international negotiations involving 
 energy resources, energy technologies, or nuclear 
 weapons issues, except that the Secretary of State 
 shall continue to exercise primary authority for the 
 conduct of foreign policy relating to energy and 
 nuclear nonproliferation, pursuant to policy guidelines 
 established by the President.
 (11) To provide for the cooperation of Federal, 
 State, and local governments in the development and 
 implementation of national energy policies and 
 programs.
 (12) To foster and assure competition among parties 
 engaged in the supply of energy and fuels.
 (13) To assure incorporation of national 
 environmental protection goals in the formulation and 
 implementation of energy programs, and to advance the 
 goals of restoring, protecting, and enhancing 
 environmental quality, and assuring public health and 
 safety.
 (14) To assure, to the maximum extent practicable, 
 that the productive capacity of private enterprise 
 shall be utilized in the development and achievement of 
 the policies and purposes of this Act.
 (15) To provide for, encourage, and assist public 
 participation in the development and enforcement of 
 national energy programs.
 (16) To create an awareness of, and responsibility 
 for, the fuel and energy needs of rural and urban 
 residents as such needs pertain to home heating and 
 cooling, transportation, agricultural production, 
 electrical generation, conservation, and research and 
 development.
 (17) To foster insofar as possible the continued good 
 health of the Nation's small business firms, public 
 utility districts, municipal utilities, and private 
 cooperatives involved in energy production, 
 transportation, research, development, demonstration, 
 marketing, and merchandising.
 (18) To provide for the administration of the 
 functions of the Energy Research and Development 
 Administration related to nuclear weapons and national 
 security which are transferred to the Department by 
 this Act.
 (19) To ensure that the Department can continue 
 current support of mathematics, science, and 
 engineering education programs by using the personnel, 
 facilities, equipment, and resources of its 
 laboratories and by working with State and local 
 education agencies, institutions of higher education, 
 and business and industry. The Department's involvement 
 in mathematics, science, and engineering education 
 should be consistent with its main mission and should 
 be coordinated with all Federal efforts in mathematics, 
 science, and engineering education, especially with the 
 Department of Education and the National Science 
 Foundation (which have the primary Federal 
 responsibility for mathematics, science, and 
 engineering education).
 (20) To ensure there is an adequate and reliable 
 supply of critical energy resources that are essential 
 to the energy security of the United States.

 * * * * * * *

TITLE II--ESTABLISHMENT OF THE DEPARTMENT

 * * * * * * *

 assistant secretaries

 Sec. 203. (a) There shall be in the Department 8 Assistant 
Secretaries, each of whom shall be appointed by the President, 
by and with the advice and consent of the Senate; who shall be 
compensated at the rate provided for at level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code; and who shall perform, in accordance with applicable law, 
such of the functions transferred or delegated to, or vested 
in, the Secretary as he shall prescribe in accordance with the 
provisions of this Act. The functions which the Secretary shall 
assign to the Assistant Secretaries include, but are not 
limited to, the following:
 (1) Energy resource applications, including functions 
 dealing with management of all forms of energy 
 production and utilization, including fuel supply, 
 electric power supply, enriched uranium production, 
 energy technology programs, and the management of 
 energy resource leasing procedures on Federal lands.
 (2) Energy research and development functions, 
 including the responsibility for policy and management 
 of research and development for all aspects of--
 (A) solar energy resources;
 (B) geothermal energy resources;
 (C) recycling energy resources;
 (D) the fuel cycle for fossil energy 
 resources; and
 (E) the fuel cycle for nuclear energy 
 resources.
 (3) Environmental responsibilities and functions, 
 including advising the Secretary with respect to the 
 conformance of the Department's activities to 
 environmental protection laws and principles, and 
 conducting a comprehensive program of research and 
 development on the environmental effects of energy 
 technologies and programs.
 (4) International programs and international policy 
 functions, including those functions which assist in 
 carrying out the international energy purposes 
 described in section 102 of this Act.
 (6) Intergovernmental policies and relations 
 including responsibilities for assuring that national 
 energy policies are reflective of and responsible to 
 the needs of State and local governments, and for 
 assuring that other components of the Department 
 coordinate their activities with State and local 
 governments, where appropriate, and develop 
 intergovernmental communications with State and local 
 governments.
 (7) Competition and consumer affairs, including 
 responsibilities for the promotion of competition in 
 the energy industry and for the protection of the 
 consuming public in the energy policymaking processes, 
 and assisting the Secretary in the formulation and 
 analysis of policies, rules, and regulations relating 
 to competition and consumer affairs.
 (8) Nuclear waste management responsibilities, 
 including--
 (A) the establishment of control over 
 existing Government facilities for the 
 treatment and storage of nuclear wastes, 
 including all containers, casks, buildings, 
 vehicles, equipment, and all other materials 
 associated with such facilities;
 (B) the establishment of control over all 
 existing nuclear waste in the possession or 
 control of the Government and all commercial 
 nuclear waste presently stored on other than 
 the site of a licensed nuclear power electric 
 generating facility, except that nothing in 
 this paragraph shall alter or effect title to 
 such waste;
 (C) the establishment of temporary and 
 permanent facilities for storage, management, 
 and ultimate disposal of nuclear wastes;
 (D) the establishment of facilities for the 
 treatment of nuclear wastes;
 (E) the establishment of programs for the 
 treatment, management, storage, and disposal of 
 nuclear wastes;
 (F) the establishment of fees or user charges 
 for nuclear waste treatment or storage 
 facilities, including fees to be charged 
 Government agencies; and
 (G) the promulgation of such rules and 
 regulations to implement the authority 
 described in this paragraph,
 except that nothing in this section shall be construed 
 as granting to the Department regulatory functions 
 presently within the Nuclear Regulatory Commission, or 
 any additional functions than those already conferred 
 by law.
 (9) Energy conservation functions, including the 
 development of comprehensive energy conservation 
 strategies for the Nation, the planning and 
 implementation of major research and demonstration 
 programs for the development of technologies and 
 processes to reduce total energy consumption, the 
 administration of voluntary and mandatory energy 
 conservation programs, and the dissemination to the 
 public of all available information on energy 
 conservation programs and measures.
 (10) Power marketing functions, including 
 responsibility for marketing and transmission of 
 Federal power.
 (11) Public and congressional relations functions, 
 including responsibilities for providing a continuing 
 liaison between the Department and the Congress and the 
 Department and the public.
 (12) Functions that relate to securing the supply of 
 critical energy resources, including identifying and 
 mitigating the effects of a disruption of such supply 
 on--
 (A) the development and use of energy 
 technologies; and
 (B) the operation of energy systems.
 (b) At the time the name of any individual is submitted for 
confirmation to the position of Assistant Secretary, the 
President shall identify with particularity the function or 
functions described in subsection (a) (or any portion thereof) 
for which such individual will be responsible.

 * * * * * * *