[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6160 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6160

   To develop a rare earth materials program, to amend the National 
 Materials and Minerals Policy, Research and Development Act of 1980, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2010

 Mrs. Dahlkemper (for herself, Mr. Lewis of California, Mr. Coffman of 
  Colorado, Mr. Gordon of Tennessee, and Mr. Carnahan) introduced the 
  following bill; which was referred to the Committee on Science and 
                               Technology

_______________________________________________________________________

                                 A BILL


 
   To develop a rare earth materials program, to amend the National 
 Materials and Minerals Policy, Research and Development Act of 1980, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Rare Earths and 
Critical Materials Revitalization Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     TITLE I--RARE EARTH MATERIALS

Sec. 101. Rare earth materials program.
Sec. 102. Rare earth materials loan guarantee program.
    TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND 
                              DEVELOPMENT

Sec. 201. Amendments to National Materials and Minerals Policy, 
                            Research and Development Act of 1980.
Sec. 202. Repeal.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate Congressional committees'' means the Committee on 
        Science and Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation and the 
        Committee on Energy and Natural Resources of the Senate.
            (2) Center.--The term ``Center'' means the Research and 
        Development Information Center established in section 101(b).
            (3) Department.--The term ``Department'' means the 
        Department of Energy.
            (4) Rare earth materials.--The term ``rare earth 
        materials'' means any of the following chemical elements in any 
        of their physical forms or chemical combinations:
                    (A) Scandium.
                    (B) Yttrium.
                    (C) Lanthanum.
                    (D) Cerium.
                    (E) Praseodymium.
                    (F) Neodymium.
                    (G) Promethium.
                    (H) Samarium.
                    (I) Europium.
                    (J) Gadolinium.
                    (K) Terbium.
                    (L) Dysprosium.
                    (M) Holmium.
                    (N) Erbium.
                    (O) Thulium.
                    (P) Ytterbium.
                    (Q) Lutetium.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

                     TITLE I--RARE EARTH MATERIALS

SEC. 101. RARE EARTH MATERIALS PROGRAM.

    (a) Establishment of Program.--
            (1) In general.--There is established in the Department a 
        program of research, development, demonstration, and commercial 
        application to assure the long-term, secure, and sustainable 
        supply of rare earth materials sufficient to satisfy the 
        national security, economic well-being, and industrial 
        production needs of the United States.
            (2) Program activities.--The program shall support 
        activities to--
                    (A) better characterize and quantify virgin stocks 
                of rare earth materials using theoretical geochemical 
                research;
                    (B) explore, discover, and recover rare earth 
                materials using advanced science and technology;
                    (C) improve methods for the extraction, processing, 
                use, recovery, and recycling of rare earth materials;
                    (D) improve the understanding of the performance, 
                processing, and adaptability in engineering designs of 
                rare earth materials;
                    (E) identify and test alternative materials that 
                can be substituted for rare earth materials in 
                particular applications; and
                    (F) engineer and test applications that--
                            (i) use recycled rare earth materials;
                            (ii) use alternative materials; or
                            (iii) seek to minimize rare earth materials 
                        content.
            (3) Improved processes and technologies.--To the maximum 
        extent practicable, the Secretary shall support new or 
        significantly improved processes and technologies as compared 
        to those currently in use in the rare earth materials industry.
            (4) Expanding participation.--The Secretary shall encourage 
        multidisciplinary collaborations of participants, extensive 
        opportunities for students at institutions of higher education, 
        or both.
            (5) Consistency.--The program shall be consistent with the 
        policies and programs in the National Materials and Minerals 
        Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et 
        seq.).
            (6) International collaboration.--In carrying out the 
        program, the Secretary shall collaborate, to the extent 
        practicable, with the relevant directorates of the European 
        Commission to coordinate activities of mutual interest and 
        avoid duplication of effort.
    (b) Research and Development Information Center.--
            (1) In general.--To collect, catalogue, disseminate, and 
        archive information on rare earth materials, the Secretary 
        shall establish, through a competitive process, a Research and 
        Development Information Center.
            (2) Center activities.--
                    (A) In general.--The Center shall--
                            (i) serve as the repository for scientific 
                        and technical data generated by the research 
                        and development activities funded under this 
                        section;
                            (ii) assist scientists and engineers in 
                        making the fullest possible use of the Center's 
                        data holdings;
                            (iii) seek and incorporate other 
                        information on rare earth materials to enhance 
                        the Center's utility for program participants 
                        and other users;
                            (iv) provide advice to the Secretary 
                        concerning the research and development program 
                        under subsection (a); and
                            (v) host conferences, at least annually, 
                        for participants in the rare earth materials 
                        program and other interested parties to promote 
                        information sharing and encourage new 
                        collaborative activities.
                    (B) Restriction.--Not more than 2.5 percent of the 
                amounts made available pursuant to this section may be 
                used for hosting conferences under subparagraph (A)(v).
    (c) Plan.--
            (1) In general.--Within 180 days after the date of 
        enactment of this Act and biennially thereafter, the Secretary 
        shall prepare and submit to the appropriate Congressional 
        committees a plan to carry out the program established under 
        subsection (a) and the Center established under subsection (b).
            (2) Specific requirements.--The plan shall include a 
        description of--
                    (A) the research and development activities to be 
                carried out by the program during the subsequent 2 
                years;
                    (B) the expected contributions of the program and 
                the Center to the creation of innovative methods and 
                technologies for the efficient and sustainable 
                provision of rare earth materials to the domestic 
                economy;
                    (C) the technical criteria to be used to evaluate 
                applications for loan guarantees under section 1706 of 
                the Energy Policy Act of 2005;
                    (D) any projects receiving loan guarantee support 
                under such section and the status of such projects;
                    (E) how the program is promoting the broadest 
                possible participation by academic, industrial, and 
                other contributors; and
                    (F) actions taken or proposed that reflect 
                recommendations from the assessment conducted under 
                subsection (d) or the Secretary's rationale for not 
                taking action pursuant to any recommendation from such 
                assessment for plans submitted following the completion 
                of the assessment under such subsection.
            (3) Consultation.--In preparing each plan under paragraph 
        (1), the Secretary shall consult with appropriate 
        representatives of industry, institutions of higher education, 
        Department of Energy national laboratories, professional and 
        technical societies, and other entities, as determined by the 
        Secretary.
    (d) Assessment.--
            (1) In general.--After the program has been in operation 
        for 4 years, the Secretary shall offer to enter into a contract 
        with the National Academy of Sciences under which the National 
        Academy shall conduct an assessment of the program under 
        subsection (a), including the operations and activities of the 
        Center under subsection (b).
            (2) Inclusions.--The assessment shall include the 
        recommendation of the National Academy of Sciences that the 
        program should be--
                    (A) continued, accompanied by a description of any 
                improvements needed in the program; or
                    (B) terminated, accompanied by a description of the 
                lessons learned from the execution of the program.
            (3) Availability.--The assessment shall be made available 
        to Congress and the public upon completion.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out this section the following sums:
                    (A) For fiscal year 2011, $10,000,000.
                    (B) For fiscal year 2012, $15,000,000.
                    (C) For fiscal year 2013, $15,000,000.
                    (D) For fiscal year 2014, $15,000,000.
                    (E) For fiscal year 2015, $15,000,000.
            (2) Assessment.--From the amounts authorized under 
        paragraph (1), there are authorized to be appropriated to the 
        Secretary $700,000 to enter into a contract under subsection 
        (d)(1).
            (3) Availability.--Such sums shall remain available until 
        expended.

SEC. 102. RARE EARTH MATERIALS LOAN GUARANTEE PROGRAM.

    (a) Amendment.--Title XVII of the Energy Policy Act of 2005 (42 
U.S.C. 16511 et seq.) is amended by adding at the end the following new 
section:

``SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MATERIALS REVITALIZATION.

    ``(a) In General.--As part of the program established in section 
101 of the Rare Earths and Critical Materials Revitalization Act of 
2010, the Secretary is authorized to make guarantees under this title 
for the commercial application of new or significantly improved 
technologies (compared to technologies currently in use in the United 
States) for the following categories of projects:
            ``(1) The separation and recovery of rare earth materials 
        from ores or other sources.
            ``(2) The preparation of rare earth materials in oxide, 
        metal, alloy, or other forms needed for national security, 
        economic well-being, or industrial production purposes.
            ``(3) The application of rare earth materials in the 
        production of improved--
                    ``(A) magnets;
                    ``(B) batteries;
                    ``(C) refrigeration systems;
                    ``(D) optical systems;
                    ``(E) electronics; and
                    ``(F) catalysis.
            ``(4) The application of rare earth materials in other 
        uses, as determined by the Secretary.
    ``(b) Timeliness.--The Secretary shall seek to minimize delay in 
approving loan guarantee applications, consistent with appropriate 
protection of taxpayer interests.
    ``(c) Cooperation.--To the maximum extent practicable, the 
Secretary shall cooperate with appropriate private sector participants 
to achieve a complete rare earth materials production capability in the 
United States within 5 years after the date of enactment of the Rare 
Earths and Critical Materials Revitalization Act of 2010.
    ``(d) Sunset.--The authority to enter into guarantees under this 
section shall expire on September 30, 2018.''.
    (b) Table of Contents Amendment.--The table of contents for the 
Energy Policy Act of 2005 is amended by inserting after the item 
relating to section 1705 the following new item:

``Sec. 1706. Temporary program for rare earth materials 
                            revitalization.''.

    TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND 
                              DEVELOPMENT

SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY, 
              RESEARCH AND DEVELOPMENT ACT OF 1980.

    (a) Program Plan.--Section 5 of the National Materials and Minerals 
Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is 
amended--
            (1) by striking ``date of enactment of this Act'' each 
        place it appears and inserting ``date of enactment of the Rare 
        Earths and Critical Materials Revitalization Act of 2010'';
            (2) in subsection (b), by striking ``Federal Coordinating 
        Council for Science, Engineering, and Technology'' and 
        inserting ``National Science and Technology Council,'';
            (3) in subsection (c)--
                    (A) by striking ``the Federal Emergency'' and all 
                that follows through ``Agency, and'';
                    (B) by striking ``appropriate shall'' and inserting 
                ``appropriate, shall'';
                    (C) by striking paragraph (1);
                    (D) in paragraph (2), by striking ``in the case'' 
                and all that follows through ``subsection,''
                    (E) by redesignating paragraph (2) as paragraph 
                (1); and
                    (F) by redesignating and amending paragraph (3) to 
                read as follows:
            ``(2) assess the adequacy and stability of the supply of 
        materials necessary to maintain national security, economic 
        well-being, and industrial production.'';
            (4) by striking subsections (d) and (e); and
            (5) by redesignating subsection (f) as subsection (d).
    (b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended--
            (1) by striking ``The Congress declares that it'' and 
        inserting ``It'';
            (2) by striking ``The Congress further declares that 
        implementation'' and inserting ``Implementation''.
    (c) Implementation.--Section 4 of such Act (30 U.S.C. 1603) is 
amended--
            (1) by striking ``For the purpose'' and all that follows 
        through ``declares that the'' and inserting ``The''; and
            (2) by striking ``departments and agencies,'' and inserting 
        ``departments and agencies to implement the policies set forth 
        in section 3''.

SEC. 202. REPEAL.

    Title II of Public Law 98-373 (30 U.S.C. 1801; 98 Stat. 1248), also 
known as the National Critical Materials Act of 1984, is repealed.
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