Rare Earths and Critical Materials Revitalization Act of 2011 - Establishes in the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of rare earth materials to satisfy the national security, economic well-being, and industrial production needs of the United States.
Directs the Secretary of Energy 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, and (3) submit an implementation plan to Congress.
Amends the Energy Policy Act of 2005 to authorize the Secretary to make loan guarantee commitments for the commercial application of new or significantly improved technologies for specified projects.
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, as currently required, the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct); (2) modify the duties of the Secretary of Commerce regarding critical needs assessment; and (3) repeal specified reporting and other duties of the Secretaries of Defense and of the Interior.
Repeals the National Critical Materials Act of 1984.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 618 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 618
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
February 10, 2011
Mr. Boswell introduced the following bill; which was referred to the
Committee on Science, Space, 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 2011''.
(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) Department.--The term ``Department'' means the
Department of Energy.
(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:
(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.
(4) 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;
(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;
(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; and
(H) facilitate information sharing and
collaboration among program participants and
stakeholders.
(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--
(A) multidisciplinary collaborations among program
participants; and
(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)).
(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 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.
(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 established under
subsection (a).
(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 to
the creation of innovative methods and technologies for
the efficient and sustainable provision of rare earth
materials to the domestic economy;
(C) the 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 (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.
(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.
(c) 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).
(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.
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
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:
``(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 2011.
``(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.
``(e) Sunset.--The authority to enter into guarantees under this
section shall expire on September 30, 2016.''.
(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:
``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 2011'';
(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 amending paragraph (3) to read as follows:
``(2) assess the adequacy, accessibility, 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 et seq.; 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, Space, and Technology.
Referred to the Subcommittee on Energy and Environment.
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