S. Rpt. 119-106 accompanies legislation to formally designate the subject identified in "Critical Mineral Consistency Act Designation". Naming designations honor individuals, commemorate events, or assign official names to federal facilities, post offices, federal buildings, military installations, or national monuments. While naming bills are often considered ceremonial, they still go through the full committee process and require passage by both chambers. The Energy and Natural Resources Committee reviewed this particular designation as part of its jurisdiction. These reports typically explain who or what is being honored and why.
Official report text. Use Ctrl+F / Cmd+F to search within the document.
Senate Report 119-106 - CRITICAL MINERAL CONSISTENCY ACT DESIGNATION
[Senate Report 119-106]
[From the U.S. Government Publishing Office]
Calendar No. 335
119th Congress } { Report
SENATE
2d Session } { 119-106
=======================================================================
CRITICAL MINERAL CONSISTENCY ACT DESIGNATION
----------------
February 11, 2026.--Ordered to be printed
----------------
Mr. Lee, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 714]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 714) to amend the Energy Act of 2020 to
include critical materials in the definition of critical
mineral, and for other purposes, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and an amendment to the title, and recommends that
the bill, as amended, do pass.
Amendments
1. Strike all after the enacting clause and insert the
following:
Sec. 1. Short Title. This Act may be cited as the ``Critical
Mineral Consistency Act of 2025.''
Sec. 2. Critical Minerals and Materials List. Section 7002 of the
Energy Act of 2020 (30 U.S.C. 1606) is amended--
(1) in subsection (c)(4)(C), by inserting ``minerals or
materials'' after ``critical'';
(2) by redesignating subsection (o) as subsection (p); and
(3) by inserting after subsection (n) the following:
``(o) Critical Minerals and Materials List.--
``(1) In general.--Not later than 45 days after the date of
enactment of the Critical Mineral Consistency Act of 2025, the
Secretary shall publish a Critical Minerals and Materials List,
which shall include--
``(A) any critical mineral designated by the
Secretary under subsection (c); and
``(B) any non-fuel mineral, element, substance, or
material that the Secretary of Energy has determined to
be a critical material under subsection (a)(2) as of
that date of enactment.
``(2) Updates.--The Secretary shall update the Critical
Minerals and Materials List published under paragraph (1)--
``(A) not later than 45 days after the date on which
the Secretary updates a critical mineral designation
under subsection (c); and
``(B) not later than 45 days after the date on which
the Secretary of Energy updates a critical material
designation under subsection (a)(2).
``(3) Publication alignment.--To the maximum extent
practicable, the Secretary and the Secretary of Energy shall
coordinate when updates to the Critical Minerals and Materials
List may be required under paragraph (2).
``(4) Administration.--For the purposes of administering
programs involving critical minerals or critical materials, the
Secretary, the Secretary of Energy, and the heads of other
Federal departments and agencies where such department or
agency has incorporated by reference the definition of
`critical mineral' or `critical material' from this section, as
applicable, shall use the most recently published version of
the Critical Minerals and Materials List published under
paragraph (1).''.
2. Amend the title so as to read: ``A bill to amend the
Energy Act of 2020 to harmonize the lists of critical minerals
and critical materials, and for other purposes.''.
Purpose
The purpose of S. 714 is to amend the Energy Act of 2020 to
harmonize the lists of critical minerals and critical
materials.
Background and Need
Section 7002 of the Energy Act of 2020 requires the
Secretary of the Interior to compile and publish a list of
``critical minerals'', known as the Critical Minerals List
(CML), every three years. Section 7002(a)(3) defines a
``critical mineral'' as a non-fuel mineral, element, substance
or material ``designated as critical by the Secretary under
subsection (c).'' Subsection (c)(4) directs the Secretary to
designate as critical minerals those he determines--(i) are
essential to the economic or national security of the United
States; (ii) the supply chain of which is vulnerable to
disruption; and (iii) serve an essential function in the
manufacturing of a product that is significant for the economic
or national security of the United States. In February 2022,
the U.S. Geological Survey published a final list of 50
critical minerals. 87 Fed. Reg. 10381 (Feb. 24, 2022). In
November 2025, the Geological Survey published a new list of 60
critical minerals. 90 Fed. Reg. 50494 (Nov. 7, 2025).
Section 7002 also requires the Secretary of Energy to
designate ``critical materials.'' Section 7002(a)(2) defines a
``critical material'' as either (A) a non-fuel mineral,
element, substance, or material that the Secretary of Energy
determines: (i) has a high risk of supply chain disruption; and
(ii) serves an essential function in one or more energy
technologies, or (B) is a ``critical mineral'' designated by
the Secretary of the Interior. The Department of Energy
published its Critical Materials List in August 2023. It listed
18 ``critical materials for energy'' and the 50 ``critical
minerals'' on the Critical Minerals List published by the
United States Geological Survey in 2022. 88 Fed. Reg. 51792
(Aug. 4, 2023). It added metallurgical coal used in the
production of steel to its Critical Materials List earlier this
year. 90 Fed. Reg. 22711 (May 29, 2025).
These two different but overlapping lists have caused
considerable confusion. All ``critical minerals'' designated by
the Department of the Interior are, by definition, ``critical
materials,'' but not all minerals or materials designated as
``critical materials'' by the Department of Energy are
``critical minerals.'' Six ``critical materials'' designated by
the Department of Energy--copper, electrical steel, fluorine,
silicon, silicon carbide, and metallurgical coal--were not on
the Interior Department's 2022 Critical Mineral List, though
two--copper and silicon--have been added to the 2025 Critical
Minerals List.
While both lists identify potential supply chain risk in
respective elements of the U.S. economy, the discrepancies in
the two lists have created negative implications and
uncertainty for particular commodities in response to policies
and funding opportunities that benefit activities supporting
minerals named on one list but not the other. To clear up this
confusion, S. 714 requires the Secretary of the Interior to
publish a combined ``Critical Minerals and Materials List,''
which includes both ``critical minerals'' designated by the
Secretary of the Interior and ``critical materials'' designated
by the Secretary of Energy.
Legislative History
S. 714 was introduced by Senators Lee and Kelly on February
25, 2025. Senators Ossoff, Cassidy, Curtis, and Risch
cosponsored the bill. Representative Ciscomani introduced a
companion measure in the House of Representatives, H.R. 755, on
January 28, 2025. The Committee on Energy and Natural Resources
held a hearing on March 12, 2025. The Committee ordered S. 714
reported favorably with amendments on April 30, 2025.
Similar legislation, S. 5274, was introduced by Senators
Sinema and Lee on September 25, 2024. No further action was
taken on S. 5274. A companion to S. 5274, introduced by
Representative Ciscomani, passed the House of Representatives
on November 14, 2024.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on April 30, 2025, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
714, if amended as described herein.
Committee Amendments
During its consideration of S. 714, the committee adopted
an amendment in the nature of a substitute that directs the
consulting agencies to discuss both critical minerals and
materials to ensure interagency coordination on both the
Department of the Interior (DOI) and Department of Energy (DOE)
lists. It directs the Secretary of the Interior to publish
within 45 days of enactment a joint ``Critical Minerals and
Materials List.'' This approach would allow DOI and DOE to
complete their own reviews of the minerals and materials most
critical under their respective methodologies described in the
Energy Act of 2020, but would effectively compile their
respective findings into a single list. This amendment also
requires DOI to update subsequent lists within 45 days of DOE's
updated critical materials list publications. As the lists are
currently published on staggered cadences, the amendment
requires that DOI and DOE coordinate publication of their
respective lists on the same timeline to the maximum extent
practicable. Lastly, the amendment directs the heads of DOI,
DOE, or other Federal departments to use the Critical Minerals
and Materials List for purposes of administering programs
involving critical minerals or critical materials.
The Committee also adopted a title amendment that reflects
the changes in the amendment in the nature of a substitute.
Section-by-Section Analysis
Section 1. Short title
Section 1 contains the short title, the Critical Mineral
Consistency Act of 2025.
Section 2. Critical Minerals and Materials List
Section 2 directs the Secretary of the Interior to publish
a Critical Minerals and Materials List, not later than 45 days
after the date of enactment of S. 714, which shall include any
critical mineral designated by the Secretary under subsection
(c) of section 7002 of the Energy Act of 2020 (30 U.S.C. 1606)
and any non-fuel mineral, element, substance, or material that
the Secretary of Energy has determined to be a critical
material under subsection (a)(2) as of that date of enactment.
It also directs the Secretary to update the Critical Minerals
and Materials List not later than 45 days after the date on
which the Secretary of the Interior updates a critical mineral
designation or the Secretary of Energy updates a critical
material designation. To the extent practicable, both
Secretaries of the Interior and Energy shall coordinate when
updates to the Critical Minerals and Materials List may be
required. For the purposes of administering programs involving
critical minerals or critical materials, the Secretary of the
Interior and the Secretary of Energy, and the heads of other
Federal departments and agencies where such department of
agency has incorporated by reference the definition of
``critical mineral'' or ``critical material'' from this
section, as applicable, shall use the most recently published
version of the Critical Minerals and Materials List.
Cost and Budgetary Considerations
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 714 would require the U.S. Geological Survey (USGS) to
update its list of minerals essential to the United States'
economy or national security to include any materials that the
Department of Energy (DOE) has designated as critical for
energy technologies. Currently, there are six materials
designated as critical by DOE that are not included in the
USGS's list of critical minerals. If those materials were added
to the list, the agency would be required to identify all known
sources of each material and annually report on each material's
projected supply and demand. Using information from the USGS
about the costs of its current assessments, CBO estimates that
listing and assessing the six additional materials would cost
$2 million over the 2026-2030 period.
If DOE designates new materials after enactment, the USGS
would be required to include them on its list and in subsequent
annual reports. Using information about the timing of past
updates to DOE's list and the costs of the USGS's current
assessments, CBO estimates that listing and reporting on any
new DOE designations would cost $1 million over the 2026-2030
period.
CBO expects that the $50 million that is authorized to be
appropriated each year over the 2026-2029 period under current
law would be sufficient to cover the costs of those activities
through 2029. CBO estimates that there would be insignificant
costs to implement the bill in 2030; any related spending would
be subject to the availability of appropriated funds. The CBO
staff contact for this estimate is Emma Uebelhor. The estimate
was reviewed by H. Samuel Papenfuss, Deputy Director of Budget
Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 714. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 714, as ordered reported.
Congressionally Directed Spending
S. 714, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The Committee on Energy and Natural Resources has not
received any executive communication regarding S. 714.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 714, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 116-260
* * * * * * *
DIVISION Z--ENERGY ACT OF 2020
* * * * * * *
TITLE VII--CRITICAL MINERALS
* * * * * * *
SEC. 7002. MINERAL SECURITY.
* * * * * * *
(c) Critical Mineral Designations.--
(1) Draft methodology and list.--The Secretary,
acting through the Director of the United States
Geological Survey (referred to in this subsection as
the ``Secretary''), shall publish in the Federal
Register for public comment--
(A) a description of the draft methodology
used to identify a draft list of critical
minerals;
(B) a draft list of minerals, elements,
substances, and materials that qualify as
critical minerals; and
(C) a draft list of critical minerals
recovered as byproducts and their host
minerals.
(2) Availability of data.--If available data is
insufficient to provide a quantitative basis for the
methodology developed under this subsection,
qualitative evidence may be used to the extent
necessary.
(3) Final methodology and list.--After reviewing
public comments on the draft methodology and the draft
lists published under paragraph (1) and updating the
methodology and lists as appropriate, not later than 45
days after the date on which the public comment period
with respect to the draft methodology and draft lists
closes, the Secretary shall publish in the Federal
Register--
(A) a description of the final methodology
for determining which minerals, elements,
substances, and materials qualify as critical
minerals;
(B) the final list of critical minerals; and
(C) the final list of critical minerals
recovered as byproducts and their host
minerals.
(4) Designations.--
(A) In general.--For purposes of carrying out
this subsection, the Secretary shall maintain a
list of minerals, elements, substances, and
materials designated as critical, pursuant to
the final methodology published under paragraph
(3), that the Secretary determines--
(i) are essential to the economic or
national security of the United States;
(ii) the supply chain of which 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
(iii) serve 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.
(B) Inclusions.--Notwithstanding the criteria
under paragraph (3), the Secretary may
designate and include on the list any 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.
(C) Required consultation.--The Secretary
shall consult with the Secretaries of Defense,
Commerce, Agriculture, Health and Human
Services, and Energy and the United States
Trade Representative in designating minerals,
elements, substances, and materials as critical
minerals or materials under this paragraph.
* * * * * * *
(n) Administration.--
* * * * * * *
(3) Savings clauses.--
(A) In general.--Nothing in this section or
an amendment made by this section modifies any
requirement or authority provided by--
(i) the matter under the heading
``geological survey'' of the first
section of the Act of March 3, 1879 (43
U.S.C. 31(a)); or
(ii) the first section of Public Law
87-626 (43 U.S.C. 31(b)).
(B) Effect on department of defense.--Nothing
in this section or an amendment made by this
section affects the authority of the Secretary
of Defense with respect to the work of the
Department of Defense on critical material
supplies in furtherance of the national defense
mission of the Department of Defense.
(C) Secretarial order not affected.--This
section shall not apply to any mineral
described in Secretarial Order 3324, issued by
the Secretary on December 3, 2023, in any area
to which the order applies.
(o) Critical Minerals and Materials List.--
(1) In general.--Not later than 45 days after the
date of enactment of the Critical Mineral Consistency
Act of 2025, the Secretary shall publish a Critical
Minerals and Materials List, which shall include--
(A) any critical mineral designated by the
Secretary under subsection (c); and
(B) any non-fuel mineral, element, substance,
or material that the Secretary of Energy has
determined to be a critical material under
subsection (a)(2) as of that date of enactment.
(2) Updates.--The Secretary shall update the Critical
Minerals and Materials List published under paragraph
(1)--
(A) not later than 45 days after the date on
which the Secretary updates a critical mineral
designation under subsection (c); and
(B) not later than 45 days after the date on
which the Secretary of Energy updates a
critical material designation under subsection
(a)(2).
(3) Publication alignment.--To the maximum extent
practicable, the Secretary and the Secretary of Energy
shall coordinate when updates to the Critical Minerals
and Materials List may be required under paragraph (2).
(4) Administration.--For the purposes of
administering programs involving critical minerals or
critical materials, the Secretary, the Secretary of
Energy, and the heads of other Federal departments and
agencies where such department or agency has
incorporated by reference the definition of `critical
mineral' or `critical material' from this section, as
applicable, shall use the most recently published
version of the Critical Minerals and Materials List
published under paragraph (1).
[o] (p) Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary to carry out
this section $50,000,000 for each of fiscal years 2021 through
2029.
[all]