Reported in Senate — S. 714

Calendar No. 335

119th CONGRESS

2d Session

S. 714

[Report No. 119–106]

IN THE SENATE OF THE UNITED STATES

February 25, 2025

Mr. Lee (for himself, Mr. Kelly, Mr. Ossoff, Mr. Cassidy, Mr. Curtis, and Mr. Risch) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

February 11, 2026

Reported by Mr. Lee, with an amendment and an amendment to the title

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To amend the Energy Act of 2020 to include critical materials in the definition of critical mineral, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short title

This Act may be cited as the Critical Mineral Consistency Act of 2025.

Sec. 2. Critical materials included as critical minerals

Section 7002 of the Energy Act of 2020 (30 U.S.C. 1606) is amended—

(1)

in subsection (a)(3)(A)—

(A)

by striking the period at the end and inserting ; and;

(B)

by striking means any mineral and inserting the following: “means—

(i)
any mineral; and

(C)

by adding at the end the following:

(ii)
a critical material as determined by the Secretary of Energy under paragraph (2)(A).; and

(2)

in subsection (c)(5), by adding at the end the following:

(C) Inclusion of critical materials
Not later than 45 days after the date on which the Secretary of Energy determines a non-fuel mineral, element, substance, or material to be a critical material under subsection (a)(2)(A), the Secretary shall update the list of critical minerals published under paragraph (3) to include that critical material.

Section 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).

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..