Securing Energy Critical Elements and American Jobs Act of 2019
This bill directs the Department of Energy (DOE) to implement a 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.
Specifically, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4481 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4481
To authorize 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
September 24, 2019
Mr. Swalwell of California introduced the following bill; which was
referred to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To authorize 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.
This Act may be cited as the ``Securing Energy Critical Elements
and American Jobs Act of 2019''.
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 Critical
Materials Information Center established under section 101(d).
(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 have a
high risk of a supply disruption and 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) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(6) Program.--The term ``program'' means the program
authorized in section 101(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--ENERGY CRITICAL ELEMENTS
SEC. 101. ENERGY CRITICAL ELEMENTS PROGRAM.
(a) Authorization of Program.--
(1) In general.--The Secretary shall carry out 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. This program may be
carried out primarily by an Energy Innovation Hub established
under section 206 of the Department of Energy Research
Coordination Act (42 U.S.C. 18632).
(2) Program activities.--The program shall focus on areas
that the private sector by itself is not likely to undertake
because of technical and financial uncertainty and support
activities to--
(A) improve methods for the extraction, processing,
use, recovery, and recycling of energy critical
elements;
(B) improve the understanding of the performance,
processing, and adaptability in engineering designs
using energy critical elements;
(C) improve the understanding of energy critical
element supply chains, risks from supply disruption,
supply restriction, volatility in demand, and
difficulty to substitute;
(D) identify and test alternative materials that
can be substituted for energy critical elements and
maintain or exceed current performance; and
(E) 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) Expanding participation.--In carrying out the program,
the Secretary shall encourage multidisciplinary collaborations
of participants, including opportunities for students and post-
doctoral staff at institutions of higher education.
(4) 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.).
(5) International collaboration.--In carrying out the
program, the Secretary shall 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) 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.
(2) Specific requirements.--The plan required under
paragraph (1) 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 energy
critical elements to the domestic economy; and
(C) how the program is promoting the broadest
possible participation by academic, industrial, and
other contributors.
(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, other Federal agencies, and other
entities, as determined by the Secretary.
(c) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall ensure that the activities carried out
under this title are coordinated with, and do not unnecessarily
duplicate the efforts of, other programs within the Federal Government.
(d) Critical Materials Information Center.--
(1) In general.--In carrying out the program established
under section 101, the Secretary shall establish and maintain a
Critical Materials Information Center to collect, catalogue,
disseminate, and archive information on energy critical
elements in coordination with the Office of Scientific and
Technical Information of the Department of Energy.
(2) Center activities.--The Center shall--
(A) serve as the repository for scientific and
technical data generated by the research and
development activities funded under this section;
(B) assist scientists and engineers in making the
fullest possible use of the Center's data holdings;
(C) seek and incorporate other information on
energy critical elements to enhance the Center's
utility for program participants and other users; and
(D) provide advice to the Secretary concerning the
program.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this Act the following sums:
(A) For fiscal year 2020, $30,000,000.
(B) For fiscal year 2021, $31,500,000.
(C) For fiscal year 2022, $33,075,000.
(D) For fiscal year 2023, $34,728,750.
(E) For fiscal year 2024, $36,465,188.
(2) Availability.--Such sums shall remain available until
expended.
SEC. 102. SUPPLY OF ENERGY CRITICAL ELEMENTS.
The President, acting through the Critical Material Supply Chain
Subcommittee of the Committee on Environment, Natural Resources, and
Sustainability of the National Science and Technology Council, 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
scenario modeling 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 Federal 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) promote and encourage the development of substitute
materials and processes that lower the dependence of the United
States on energy critical elements;
(7) 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
(8) report to the appropriate Congressional committees on
activities and findings under this section.
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
Securing Energy Critical Elements and American Jobs Act of
2019'';
(2) in subsection (b)(1), by striking ``Federal
Coordinating Council for Science, Engineering, and Technology''
and inserting ``National Science and Technology Council'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``the Federal Emergency''
and all that follows through ``Agency, and'';
and
(ii) by striking ``appropriate shall'' and
inserting ``appropriate, shall'';
(B) by striking paragraph (1);
(C) in paragraph (2), by striking ``in the case''
and all that follows through ``subsection,'';
(D) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(E) by amending paragraph (2), as so 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 subsection (d); and
(5) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(b) Policy.--Section 3 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (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 the National Materials and
Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1603)
is amended, in the matter preceding paragraph (1)--
(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 policy specified in
section 3''.
SEC. 202. CONFORMING REPEAL.
The National Critical Materials Act of 1984 (30 U.S.C. 1801 et
seq.) is repealed.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Energy.
Referred to the House Committee on Science, Space, and Technology.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .
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