Energy Critical Elements Renewal 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 energy critical elements 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 energy critical elements industry; (2) encourage multidisciplinary collaborations and opportunities for students at institutions of higher education; (3) collaborate with the relevant agencies of foreign countries with interests relating to energy critical elements; (4) establish a Research and Development Information Center to catalogue, disseminate, and archive information on energy critical elements; and (5) submit an implementation plan to Congress.
Directs the President, acting through the Office of Science and Technology Policy, to coordinate the actions of federal agencies to: (1) promote an adequate and stable supply of energy critical elements, (2) identify energy critical elements and establish early warning systems for supply problems, (3) establish a mechanism for the coordination and evaluation of federal programs with energy critical element needs, and (4) encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain.
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 rare earth materials 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 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. 952 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 952
To develop 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
March 8, 2011
Mr. Miller of North Carolina introduced the following bill; which was
referred to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To develop 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Critical
Elements Renewal 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--ENERGY CRITICAL ELEMENTS
Sec. 101. Energy critical elements program.
Sec. 102. Policy Coordination Committee.
Sec. 103. 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, 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 Research and
Development Information Center established in section 101(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 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) 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.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--ENERGY CRITICAL ELEMENTS
SEC. 101. ENERGY CRITICAL ELEMENTS 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 energy critical elements 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 energy critical elements using theoretical
geochemical research;
(B) explore, discover, and recover energy critical
elements using advanced science and technology;
(C) improve methods for the extraction, processing,
use, recovery, and recycling of energy critical
elements;
(D) improve the understanding of the performance,
processing, and adaptability in engineering designs of
energy critical elements;
(E) identify and test alternative materials that
can be substituted for energy critical elements in
particular applications; and
(F) 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) 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 energy critical elements
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 may 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) Research and Development Information Center.--
(1) In general.--To collect, catalogue, disseminate, and
archive information on energy critical elements, 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 energy critical elements 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 energy critical
elements 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 energy critical elements 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 2012, $10,000,000.
(B) For fiscal year 2013, $15,000,000.
(C) For fiscal year 2014, $15,000,000.
(D) For fiscal year 2015, $15,000,000.
(E) For fiscal year 2016, $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. SUPPLY OF ENERGY CRITICAL ELEMENTS.
The President, acting through the Office of Science and Technology
Policy, 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 early
warning 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 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 Congress on activities and findings under
this subsection.
SEC. 103. 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 Energy Critical Elements Renewal Act of 2011, 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 Energy
Critical Elements Renewal Act of 2011.
``(d) Sunset.--The authority to enter into guarantees under this
section shall expire on September 30, 2019.''.
(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
Energy Critical Elements Renewal 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);
(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 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; 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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