[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1052 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1052

To authorize the Office of Fossil Energy to develop advanced separation 
technologies for the extraction and recovery of rare earth elements and 
    minerals from coal and coal byproducts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2019

 Mr. Manchin (for himself, Mrs. Capito, and Ms. Murkowski) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the Office of Fossil Energy to develop advanced separation 
technologies for the extraction and recovery of rare earth elements and 
    minerals from coal and coal byproducts, 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 ``Rare Earth Element Advanced Coal 
Technologies Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States is largely dependent on foreign 
        imports for the domestic supply of rare earth elements and 
        critical minerals in the United States;
            (2) as of the date of enactment of this Act, the United 
        States does not have domestic production capability for, or a 
        guaranteed supply chain of, rare earth elements and critical 
        minerals;
            (3) access to certain rare earth elements and minerals is 
        critical for the national security of the United States;
            (4) China maintains a near monopoly of the global supply 
        chain of rare earth elements and critical minerals;
            (5) the successful development of commercially viable 
        refining methods of rare earth elements from coal byproducts 
        could lead to new economic development opportunities in parts 
        of the United States most affected by the downturn of the coal 
        industry;
            (6) rare earth elements--
                    (A) comprise elements on the periodic table, 
                including--
                            (i) the lanthanides, which are lanthanum 
                        (La), cerium (Ce), praseodymium (Pr), neodymium 
                        (Nd), samarium (Sm), europium (Eu), gadolinium 
                        (Gd), terbium (Tb), dysprosium (Dy), holmium 
                        (Ho), erbium (Er), thulium (Tm), ytterbium 
                        (Yb), and lutetium (Lu); and
                            (ii) transition elements, which are 
                        scandium (Sc) and yttrium (Y); and
                    (B) can be divided into--
                            (i) light rare earth elements, which are 
                        lanthanum (La), cerium (Ce), praseodymium (Pr), 
                        neodymium (Nd), promethium (Pm), and samarium 
                        (Sm); and
                            (ii) heavy rare earth elements, which are 
                        scandium (Sc), yttrium (Y), gadolinium (Gd), 
                        terbium (Tb), dysprosium (Dy), holmium (Ho), 
                        erbium (Er), thulium (Tm), ytterbium (Yb), and 
                        lutetium (Lu); and
            (7) it is in the interest of the Federal Government--
                    (A) to guide responsible domestic production 
                methods of rare earth elements and minerals to ensure 
                industry and consumers in the United States have access 
                to a reliable domestic supply of valuable rare earth 
                elements and minerals; and
                    (B)(i) to identify the areas of highest potential 
                interruption in the global supply chain of rare earth 
                elements and minerals; and
                    (ii) to strengthen the position of the United 
                States in that supply chain by mitigating potential 
                interruptions through the development of advanced 
                separation technologies for coal and coal byproducts.

SEC. 3. PROGRAM FOR EXTRACTION AND RECOVERY OF RARE EARTH ELEMENTS AND 
              MINERALS FROM COAL AND COAL BYPRODUCTS.

    (a) In General.--The Secretary of Energy, acting through the 
Assistant Secretary for Fossil Energy (referred to in this Act as the 
``Secretary''), shall carry out a program under which the Secretary 
shall develop advanced separation technologies for the extraction and 
recovery of rare earth elements and minerals from coal and coal 
byproducts.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out the program described in 
subsection (a) $23,000,000 for each of fiscal years 2020 through 2027.

SEC. 4. ASSESSMENT AND REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Defense and the Secretary of the Interior, shall carry out, and submit 
to the Committee on Energy and Natural Resources of the Senate and the 
Committee on Energy and Commerce of the House of Representatives--
            (1) an assessment--
                    (A) identifying and ranking the rare earth elements 
                that--
                            (i) are most important to consumers in the 
                        United States;
                            (ii) are most jeopardized in the global 
                        supply chain; and
                            (iii) will have the greatest impact to 
                        consumers in the United States in the event of 
                        a disruption in the global supply chain;
                    (B) evaluating the development of advanced 
                separation technologies for the extraction and recovery 
                of rare earth elements and minerals from coal and coal 
                byproducts (referred to in this subsection as the 
                ``technologies'');
                    (C) identifying and evaluating the results of the 
                development of the technologies, including the results 
                with respect to the extraction and recovery of each 
                rare earth element;
                    (D) determining what the technologies are capable 
                of producing;
                    (E) evaluating the performance of the technologies, 
                including what the technologies--
                            (i) succeed and fail at accomplishing; and
                            (ii) can and cannot do cost-effectively; 
                        and
                    (F)(i) evaluating the market impact on each rare 
                earth mineral of the penetration of commercially viable 
                technologies; and
                    (ii) how the penetration of commercially viable 
                coal-based technology will impact the global supply 
                chain; and
            (2) a report analyzing--
                    (A) the additional resources required for the 
                development of commercial-ready deployment of 
                technologies that are second generation and 
                transformational; and
                    (B) the market impact of processes to treat and 
                recover rare earth elements and minerals from acid mine 
                drainage from coal mines.
    (b) Requirement.--In carrying out the assessment and report under 
subsection (a), the Secretary shall focus on the rare earth elements 
determined by the Secretary to be most critical to the national 
security of the United States.
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