[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1022 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1022

 To develop an energy critical elements program, to amend the National 
 Materials and Minerals Policy, Research and Development Act of 1980, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2013

  Mr. Swalwell of California introduced the following bill; which was 
      referred to the Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
 To develop an energy critical elements 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 ``Securing Energy 
Critical Elements and American Jobs Act of 2013''.
    (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--ENERGY CRITICAL ELEMENTS

Sec. 101. Energy critical elements program.
Sec. 102. Policy Coordination Committee.
Sec. 103. 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, Space, 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) Energy critical element.--The term ``energy critical 
        element'' means any of a class of chemical elements that are 
        critical to one or more new, energy-related technologies such 
        that a shortage of such element would significantly inhibit 
        large-scale deployment of technologies that produce, transmit, 
        store, or conserve energy.
            (5) Program.--The term ``program'' means the program of 
        research, development, demonstration, and commercial 
        application to assure the long-term, secure, and sustainable 
        supply of energy critical elements sufficient to satisfy the 
        national security, economic well-being, and industrial 
        production needs of the United States established in section 
        101(a).
            (6) 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.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

                   TITLE I--ENERGY CRITICAL ELEMENTS

SEC. 101. ENERGY CRITICAL ELEMENTS 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 energy critical elements 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 energy critical elements using theoretical 
                geochemical research;
                    (B) explore, discover, and recover energy critical 
                elements using advanced science and technology;
                    (C) improve methods for the extraction, processing, 
                use, recovery, and recycling of energy critical 
                elements;
                    (D) improve the understanding of the performance, 
                processing, and adaptability in engineering designs of 
                energy critical elements;
                    (E) identify and test alternative materials that 
                can be substituted for energy critical elements in 
                particular applications; and
                    (F) engineer and test applications that--
                            (i) use recycled energy critical elements;
                            (ii) use alternative materials; or
                            (iii) seek to minimize energy critical 
                        element 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 energy critical elements 
        industry.
            (4) Expanding participation.--In carrying out the program, 
        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, on activities of mutual interest with the relevant 
        agencies of foreign countries with interests relating to energy 
        critical elements.
    (b) Research and Development Information Center.--
            (1) In general.--To collect, catalogue, disseminate, and 
        archive information on energy critical elements, 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 energy critical elements to 
                        enhance the Center's utility for program 
                        participants and other users;
                            (iv) provide advice to the Secretary 
                        concerning the program; and
                            (v) host conferences, at least annually, 
                        for participants in the 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 and the Center.
            (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 energy critical elements 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 (as added by section 
                103);
                    (D) any projects receiving loan guarantee support 
                under such section 1706 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, including 
        the operations and activities of the Center.
            (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 2014, $15,000,000.
                    (B) For fiscal year 2015, $15,000,000.
                    (C) For fiscal year 2016, $15,000,000.
                    (D) For fiscal year 2017, $15,000,000.
                    (E) For fiscal year 2018, $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. SUPPLY OF ENERGY CRITICAL ELEMENTS.

    The President, acting through the Office of Science and Technology 
Policy, shall--
            (1) coordinate the actions of applicable Federal agencies 
        to promote an adequate and stable supply of energy critical 
        elements necessary to maintain national security, economic 
        well-being, and industrial production with appropriate 
        attention to a long-term balance between resource production, 
        energy use, a healthy environment, natural resources 
        conservation, and social needs;
            (2) identify energy critical elements and establish early 
        warning systems for supply problems of energy critical 
        elements;
            (3) establish a mechanism for the coordination and 
        evaluation of Federal programs with energy critical element 
        needs, including Federal programs involving research and 
        development, in a manner that complements related efforts 
        carried out by the private sector and other domestic and 
        international agencies and organizations;
            (4) promote and encourage private enterprise in the 
        development of an economically sound and stable domestic energy 
        critical elements supply chain;
            (5) promote and encourage the recycling of energy critical 
        elements, taking into account the logistics, economic 
        viability, environmental sustainability, and research and 
        development needs for completing the recycling process;
            (6) assess the need for and make recommendations concerning 
        the availability and adequacy of the supply of technically 
        trained personnel necessary for energy critical elements 
        research, development, extraction, and industrial production, 
        with a particular focus on the problem of attracting and 
        maintaining high quality professionals for maintaining an 
        adequate supply of energy critical elements; and
            (7) report to Congress on activities and findings under 
        this section.

SEC. 103. 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 Securing Energy Critical Elements and American Jobs Act of 
2013, 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 
Securing Energy Critical Elements and American Jobs Act of 2013.
    ``(d) Sunset.--The authority to enter into guarantees under this 
section shall expire on September 30, 2021.''.
    (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 
        Securing Energy Critical Elements and American Jobs Act of 
        2013'';
            (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);
                    (F) by redesignating paragraph (3) as paragraph 
                (2); and
                    (G) by amending paragraph (2), as redesignated, 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''; and
            (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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