[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2687 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2687

To authorize 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

                              June 8, 2015

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

_______________________________________________________________________

                                 A BILL


 
To authorize 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.

    This Act may be cited as the ``Securing Energy Critical Elements 
and American Jobs Act of 2015''.

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 Critical 
        Materials Information Center established under section 102(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 have a 
        high risk of a supply disruption and 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) Hub.--The term ``Hub'' means the Critical Materials 
        Energy Innovation Hub authorized in section 102(a).
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (7) Program.--The term ``program'' means the program 
        authorized in section 101(a).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

                   TITLE I--ENERGY CRITICAL ELEMENTS

SEC. 101. ENERGY CRITICAL ELEMENTS PROGRAM.

    (a) Authorization of Program.--
            (1) In general.--There is authorized 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. This program may be 
        carried out primarily by the Critical Materials Energy 
        Innovation Hub authorized in section 102(a).
            (2) Program activities.--The program shall focus on areas 
        that the private sector by itself is not likely to undertake 
        because of technical and financial uncertainty and support 
        activities to--
                    (A) improve methods for the extraction, processing, 
                use, recovery, and recycling of energy critical 
                elements;
                    (B) improve the understanding of the performance, 
                processing, and adaptability in engineering designs 
                using energy critical elements;
                    (C) identify and test alternative materials that 
                can be substituted for energy critical elements and 
                maintain or exceed current performance; and
                    (D) 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) Expanding participation.--In carrying out the program, 
        the Secretary shall encourage multidisciplinary collaborations 
        of participants, including opportunities for students at 
        institutions of higher education.
            (4) 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.).
            (5) 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) 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.
            (2) Specific requirements.--The plan required under 
        paragraph (1) 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 to 
                the creation of innovative methods and technologies for 
                the efficient and sustainable provision of energy 
                critical elements to the domestic economy; and
                    (C) how the program is promoting the broadest 
                possible participation by academic, industrial, and 
                other contributors.
            (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, other Federal agencies, and other 
        entities, as determined by the Secretary.
    (c) Coordination and Nonduplication.--To the maximum extent 
practicable, the Secretary shall ensure that the activities carried out 
under this title are coordinated with, and do not unnecessarily 
duplicate the efforts of, other programs within the Federal Government.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out this Act the following sums:
                    (A) For fiscal year 2016, $25,000,000.
                    (B) For fiscal year 2017, $25,000,000.
                    (C) For fiscal year 2018, $25,000,000.
                    (D) For fiscal year 2019, $25,000,000.
                    (E) For fiscal year 2020, $25,000,000.
            (2) Availability.--Such sums shall remain available until 
        expended.

SEC. 102. CRITICAL MATERIALS ENERGY INNOVATION HUB.

    (a) Critical Materials Energy Innovation Hub.--To carry out the 
program, the Secretary is authorized to maintain a Critical Materials 
Energy Innovation Hub.
    (b) Critical Materials Information Center.--
            (1) In general.--To collect, catalogue, disseminate, and 
        archive information on energy critical elements in coordination 
        with the Department of Energy Office of Scientific and 
        Technical Information, the Hub shall establish and maintain a 
        Critical Materials 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 meetings, 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) Review and Report to Congress.--An award made to operate the 
Hub shall be for a period not to exceed 5 years, after which the award 
may be renewed, subject to a rigorous merit review. A Hub already in 
existence on the date of enactment of this Act may continue to receive 
support for a period of 5 years beginning on the date of establishment 
of that Hub. Following this process, if the Secretary determines that 
award renewal for the Hub is justified, then the Secretary must submit 
a report to the appropriate Congressional committees at least 30 days 
prior to the award renewal which explains the Secretary's determination 
and describes the Department's review process.
    (d) Prohibition on Construction.--No funds provided pursuant to 
this section may be used for construction of new buildings or 
facilities for the Hub. Construction of new buildings or facilities 
shall not be considered as part of the non-Federal share of a Hub cost-
sharing agreement.

SEC. 103. SUPPLY OF ENERGY CRITICAL ELEMENTS.

    The President, acting through the Critical Material Supply Chain 
Subcommittee of the Committee on Environment, Natural Resources, and 
Sustainability of the National Science and Technology Council, 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 
        scenario modeling 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 the appropriate Congressional committees on 
        activities and findings under this section.

    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 
        2015'';
            (2) in subsection (b)(1), 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 subsection (d); and
            (5) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.
    (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.--The matter before paragraph (1) of 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.

    The National Critical Materials Act of 1984 (30 U.S.C. 1801 et 
seq.) is repealed.
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