HR 618 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 618CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 10, 2011CommentsClose CommentsPermalink

Mr. BOSWELL introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

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 2011’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink

TITLE I--RARE EARTH MATERIALS

Sec. 101. Rare earth materials program.CommentsClose CommentsPermalink





Sec. 102. Rare earth materials loan guarantee program.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 202. Repeal.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) DEPARTMENT- The term ‘Department’ means the Department of Energy.CommentsClose CommentsPermalink





(3) RARE EARTH MATERIALS- The term ‘rare earth materials’ means any of the following chemical elements in any of their physical forms or chemical combinations:CommentsClose CommentsPermalink





(A) Scandium.CommentsClose CommentsPermalink





(B) Yttrium.CommentsClose CommentsPermalink





(C) Lanthanum.CommentsClose CommentsPermalink





(D) Cerium.CommentsClose CommentsPermalink





(E) Praseodymium.CommentsClose CommentsPermalink





(F) Neodymium.CommentsClose CommentsPermalink





(G) Promethium.CommentsClose CommentsPermalink





(H) Samarium.CommentsClose CommentsPermalink





(I) Europium.CommentsClose CommentsPermalink





(J) Gadolinium.CommentsClose CommentsPermalink





(K) Terbium.CommentsClose CommentsPermalink





(L) Dysprosium.CommentsClose CommentsPermalink





(M) Holmium.CommentsClose CommentsPermalink





(N) Erbium.CommentsClose CommentsPermalink





(O) Thulium.CommentsClose CommentsPermalink





(P) Ytterbium.CommentsClose CommentsPermalink





(Q) Lutetium.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink

TITLE I--RARE EARTH MATERIALSCommentsClose CommentsPermalink

SEC. 101. RARE EARTH MATERIALS PROGRAM.

(a) Establishment of Program-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) PROGRAM ACTIVITIES- The program shall support activities to--CommentsClose CommentsPermalink





(A) better characterize and quantify virgin stocks of rare earth materials using theoretical geochemical research;CommentsClose CommentsPermalink





(B) explore, discover, and recover rare earth materials using advanced science and technology;CommentsClose CommentsPermalink





(C) improve methods for the extraction, processing, use, recovery, and recycling of rare earth materials;CommentsClose CommentsPermalink





(D) improve the understanding of the performance, processing, and adaptability in engineering designs of rare earth materials;CommentsClose CommentsPermalink





(E) identify and test alternative materials that can be substituted for rare earth materials in particular applications;CommentsClose CommentsPermalink





(F) engineer and test applications that--CommentsClose CommentsPermalink





(i) use recycled rare earth materials;CommentsClose CommentsPermalink





(ii) use alternative materials; orCommentsClose CommentsPermalink





(iii) seek to minimize rare earth materials content;CommentsClose CommentsPermalink





(G) collect, catalogue, archive, and disseminate information on rare earth materials, including scientific and technical data generated by the research and development activities supported under this section, and assist scientists and engineers in making the fullest possible use of the data holdings; andCommentsClose CommentsPermalink





(H) facilitate information sharing and collaboration among program participants and stakeholders.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) EXPANDING PARTICIPATION- The Secretary shall encourage--CommentsClose CommentsPermalink





(A) multidisciplinary collaborations among program participants; andCommentsClose CommentsPermalink





(B) extensive opportunities for students at institutions of higher education, including institutions listed under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).CommentsClose CommentsPermalink





(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.).CommentsClose CommentsPermalink





(6) INTERNATIONAL COLLABORATION- In carrying out the program, the Secretary may collaborate, to the extent practicable, on activities of mutual interest with the relevant agencies of foreign countries with interests relating to rare earth materials.CommentsClose CommentsPermalink





(b) Plan-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) SPECIFIC REQUIREMENTS- The plan shall include a description of--CommentsClose CommentsPermalink





(A) the research and development activities to be carried out by the program during the subsequent 2 years;CommentsClose CommentsPermalink





(B) the expected contributions of the program to the creation of innovative methods and technologies for the efficient and sustainable provision of rare earth materials to the domestic economy;CommentsClose CommentsPermalink





(C) the criteria to be used to evaluate applications for loan guarantees under section 1706 of the Energy Policy Act of 2005;CommentsClose CommentsPermalink





(D) any projects receiving loan guarantee support under such section and the status of such projects;CommentsClose CommentsPermalink





(E) how the program is promoting the broadest possible participation by academic, industrial, and other contributors; andCommentsClose CommentsPermalink





(F) actions taken or proposed that reflect recommendations from the assessment conducted under subsection (c) 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Assessment-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) INCLUSIONS- The assessment shall include the recommendation of the National Academy of Sciences that the program should be--CommentsClose CommentsPermalink





(A) continued, accompanied by a description of any improvements needed in the program; orCommentsClose CommentsPermalink





(B) terminated, accompanied by a description of the lessons learned from the execution of the program.CommentsClose CommentsPermalink





(3) AVAILABILITY- The assessment shall be made available to Congress and the public upon completion.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘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 2011, the Secretary is authorized, only to the extent provided in advance in a subsequent appropriations act, 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 at the time the guarantee is issued) for the following categories of projects:CommentsClose CommentsPermalink





‘(1) The separation and recovery of rare earth materials from ores or other sources.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(3) The application of rare earth materials in the production of improved--CommentsClose CommentsPermalink





‘(A) magnets;CommentsClose CommentsPermalink





‘(B) batteries;CommentsClose CommentsPermalink





‘(C) refrigeration systems;CommentsClose CommentsPermalink





‘(D) optical systems;CommentsClose CommentsPermalink





‘(E) electronics; andCommentsClose CommentsPermalink





‘(F) catalysis.CommentsClose CommentsPermalink





‘(4) The application of rare earth materials in other uses, as determined by the Secretary.CommentsClose CommentsPermalink





‘(b) Timeliness- The Secretary shall seek to minimize delay in approving loan guarantee applications, consistent with appropriate protection of taxpayer interests.CommentsClose CommentsPermalink





‘(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 2011.CommentsClose CommentsPermalink





‘(d) Domestic Supply Chain- In support of the objective in subsection (c) to achieve a rare earth materials production capability in the United States that includes the complete value chain described in paragraphs (1) through (4) of subsection (a), the Secretary may not award a guarantee for a project unless the project’s proponent provides to the Secretary an assurance that the loan or guarantee shall be used to support the separation, recovery, preparation, or manufacturing of rare earth materials in the United States for customers within the United States unless insufficient domestic demand for such materials results in excess capacity.CommentsClose CommentsPermalink





‘(e) Sunset- The authority to enter into guarantees under this section shall expire on September 30, 2016.’.CommentsClose CommentsPermalink





(b) Table of Contents Amendment- The table of contents of the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1705 the following new item:CommentsClose CommentsPermalink





‘Sec. 1706. Temporary program for rare earth materials revitalization.’.CommentsClose CommentsPermalink

TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENTCommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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 2011’;CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘Federal Coordinating Council for Science, Engineering, and Technology’ and inserting ‘National Science and Technology Council,’;CommentsClose CommentsPermalink





(3) in subsection (c)--CommentsClose CommentsPermalink





(A) by striking ‘the Federal Emergency’ and all that follows through ‘Agency, and’;CommentsClose CommentsPermalink





(B) by striking ‘appropriate shall’ and inserting ‘appropriate, shall’;CommentsClose CommentsPermalink





(C) by striking paragraph (1);CommentsClose CommentsPermalink





(D) in paragraph (2), by striking ‘in the case’ and all that follows through ‘subsection,’;CommentsClose CommentsPermalink





(E) by redesignating paragraph (2) as paragraph (1); andCommentsClose CommentsPermalink





(F) by amending paragraph (3) to read as follows:CommentsClose CommentsPermalink





‘(2) assess the adequacy, accessibility, and stability of the supply of materials necessary to maintain national security, economic well-being, and industrial production.’;CommentsClose CommentsPermalink





(4) by striking subsections (d) and (e); andCommentsClose CommentsPermalink





(5) by redesignating subsection (f) as subsection (d).CommentsClose CommentsPermalink





(b) Policy- Section 3 of such Act (30 U.S.C. 1602) is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Congress declares that it’ and inserting ‘It’; andCommentsClose CommentsPermalink





(2) by striking ‘The Congress further declares that implementation’ and inserting ‘Implementation’.CommentsClose CommentsPermalink





(c) Implementation- Section 4 of such Act (30 U.S.C. 1603) is amended--CommentsClose CommentsPermalink





(1) by striking ‘For the purpose’ and all that follows through ‘declares that the’ and inserting ‘The’; andCommentsClose CommentsPermalink





(2) by striking ‘departments and agencies,’ and inserting ‘departments and agencies to implement the policies set forth in section 3’.CommentsClose CommentsPermalink

SEC. 202. REPEAL.

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