Rare Earths and Critical Materials Revitalization Act of 2010 - Title I: Rare Earth Materials - (Sec. 101) Establishes in the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of specified rare earth materials to satisfy the national security, economic well-being, and industrial production needs of the United States.
Directs the Secretary of Energy (Secretary) to: (1) support new or significantly improved processes and technologies (as compared to those currently in use in the rare earth materials industry); (2) encourage multidisciplinary collaborations and opportunities for students at institutions of higher education; (3) collaborate with relevant agencies of foreign countries with interests relating to rare earth materials; and (4) submit an implementation plan to Congress.
Requires the Secretary to offer to contract with the National Academy of Sciences for an assessment of the program after it has been in operation for four years.
(Sec. 102) Amends the Energy Policy Act of 2005 to authorize the Secretary through FY 2015, only to the extent provided in advance in a subsequent appropriations Act, to make loan guarantee commitments for the commercial application of new or significantly improved technologies for specified categories of projects, including: (1) separation and recovery of rare earth materials from ores or other sources; (2) preparation of rare earth materials in oxide, metal, alloy, or other forms needed for national security, economic well-being, or industrial production purposes; and (3) application of rare earth materials in the production of improved magnets, batteries, refrigeration systems, optical systems, electronics, and catalysis, among other uses.
Directs the Secretary to cooperate with appropriate private sector participants to achieve a complete rare earth materials production capability in the United States within five years after enactment of this Act.
Prohibits the Secretary from awarding a loan guarantee for a project unless the project's proponent provides assurances 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.
Title II: National Materials and Minerals Policy, Research, and Development - (Sec. 201) Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct); and (2) repeal specified reporting and action requirements for the Secretaries of Defense and of the Interior, respectively.
(Sec. 202) Repeals the National Critical Materials Act of 1984.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science and Technology.
Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-644.
Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-644.
Placed on the Union Calendar, Calendar No. 384.
Mr. Gordon (TN) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7060-7063)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6160.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H7273)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 325 - 98 (Roll no. 555).(text: CR 9/28/2010 H7060-7061)
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On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 325 - 98 (Roll no. 555). (text: CR 9/28/2010 H7060-7061)
Roll Call #555 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.