I 

112TH CONGRESS 

1ST SESSION H. R. 1388 

To reestablish a competitive domestic rare earths minerals production industry; a domestic rare earth processing, refining, purification, and metals 

production industry; a domestic rare earth metals alloying industry; and 

a domestic rare-earth-based magnet production industry and supply chain 

in the Defense Logistics Agency of the Department of Defense. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2011 

Mr. COFFMAN of Colorado (for himself, Mr. PETERS, Mr. LATTA, Mrs. 

LUMMIS, and Mrs. MCMORRIS RODGERS) introduced the following bill; 

which was referred to the Committee on Science, Space, and Technology, 

and in addition to the Committees on Natural Resources and Armed 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reestablish a competitive domestic rare earths minerals 

production industry; a domestic rare earth processing, 

refining, purification, and metals production industry; 

a domestic rare earth metals alloying industry; and a 

domestic rare-earth-based magnet production industry 

and supply chain in the Defense Logistics Agency of 

the Department of Defense. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 1388 IH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Rare Earths Supply Chain Technology and Resources 

4 Transformation Act of 2011’’ or the ‘‘RESTART Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Actions to promote rare earth development. 

Sec. 4. Requirement to establish executive agents for rare earth related matters. 

Sec. 5. Rare earth materials loan guarantee program. 

Sec. 6. Establishment of a rare earth alloy and magnet program. 

Sec. 7. Rare earth materials program. 

Sec. 8. Amendments to National Materials and Minerals Policy, Research and 

Development Act of 1980. 

Sec. 9. Definitions. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

9 (1) Significant quantities of rare earths are 

10 used in the production of clean energy technologies, 

11 including advanced automotive propulsion batteries, 

12 electric motors, high-efficiency light bulbs, solar pan13 els, and wind turbines. These technologies are used 

14 to advance the United States energy policy of reduc15 ing dependence on foreign oil and decreasing green16 house gas emissions through expansion of cleaner 

17 sources of energy. 

18 (2) Many modern defense technologies such as 

19 radar and sonar systems, precision-guided weapons, 

20 cruise missiles, and lasers cannot be built, as deVerDate Mar 15 2010 23:39 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1388.IH H1388

rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 1388 IH

1 signed and specified, without the use of rare earths 

2 and materials produced from them. 

3 (3) Rare earths also provide core functionality 

4 to a variety of high technology applications in com5 puting, pollution abatement, power generation, water 

6 treatment, oil refining, metal alloying, communica7 tions, health care, agriculture, and other sectors. 

8 (4) Though at least 40 percent of the world’s 

9 rare earth reserves are located within the United 

10 States and its ally nations, our country now depends 

11 upon imports for nearly 100 percent of its rare earth 

12 needs. 

13 (5) Furthermore, the United States has limited 

14 rare earth production, remains nearly entirely de15 pendent on overseas refineries for further elemental 

16 and alloy processing, and does not currently main17 tain a ‘‘strategic reserve’’ of rare earth compounds, 

18 metals, or alloys. 

19 (6) By way of contrast, more than 97 percent 

20 of all rare earths for world consumption is produced 

21 in China. The ability—and willingness—of China to 

22 export these rare earths is eroding due to its grow23 ing domestic demand, its enforcement of environ24 mental law on current producers, and its mandate to 

25 consolidate the industry by decreasing its number of 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

•HR 1388 IH

1 mining permits. In fact, China has taken several 

2 steps recently that have caused significant market 

3 perturbations. 

4 (7) For example, the Chinese Ministry of Indus5 try and Information Technology draft rare earths 

6 plan for 2009 to 2015 proposed an immediate ban 

7 on the export of dysprosium, terbium, thulium, lute8 tium, and yttrium, the so-called ‘‘heavy’’ rare earths, 

9 and a restriction on the exports of all other, light, 

10 rare earth metals to a level well below that sufficient 

11 to satisfy the 2008 demand of Japan alone for such 

12 metals. 

13 (8) More recently, in July 2010, China de14 creased their export quota allocations on rare earth 

15 oxides and metals by over 70 percent, causing price 

16 increases of threefold to eightfold and causing sup17 ply shortages of some materials. 

18 (9) In September 2010, the Chinese Govern19 ment reportedly restricted export of all rare earth 

20 oxide and metal to Japan over a diplomatic incident. 

21 (10) Most recently, in October 2010, the Chi22 nese Government reportedly restricted export of all 

23 rare earth oxide and metal to the United States and 

24 Europe, essentially cutting off the global community 

25 from supplies of rare earth material. 


rfrederick on DSKD9S0YB1PROD with BILLS
5 

•HR 1388 IH

1 (11) Given that Chinese dominance of the rare 

2 earths market has adversely impacted the supply 

3 stability and endangers the United States and its al4 lies’ assured access to key materials, rare earths 

5 should qualify as materials either strategic or critical 

6 to national security. As such, there is an urgent 

7 need to identify the current global market situation 

8 regarding rare earth materials, the strategic value 

9 placed on them by foreign nations including China, 

10 and the Department of Defense’s and domestic man11 ufacturing industry’s supply-chain vulnerability re12 lated to rare earths and end items containing rare 

13 earths such as neodymium iron boron and other spe14 cialty magnets, and rare earth ‘‘doped’’ lasers. 

15 (12) The United States Government should fa16 cilitate the reintroduction of a globally competitive 

17 non-Chinese rare earth industry with multiple 

18 sources of mining, processing, alloying, and manu19 facturing. 

20 (13) This self-sufficiency requires an uninter21 rupted supply of strategic materials critical to na22 tional security and innovative commercial product 

23 development, including rare earths, to support the 

24 clean energy and defense supply chains. 


rfrederick on DSKD9S0YB1PROD with BILLS
6 

•HR 1388 IH

1 (14) The United States currently cannot re2 claim valuable rare earths and permanent magnets 

3 and such capability should be explored using appro4 priate research and development projects. 

5 SEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOP6 MENT. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that the United States should take any and all ac9 tions necessary to ensure the reintroduction of a competi10 tive domestic and ally nation rare earth supply chain, to 

11 include the reintroduction of the capacity to conduct min12 ing, refining/processing, alloying and manufacturing oper13 ations using domestic and ally nation suppliers to provide 

14 a secure source of rare earth materials as a vital compo15 nent of national security and economic policy. 

16 (b) POLICY.—Each Federal agency shall take appro17 priate actions, to the extent consistent with applicable law, 

18 to expedite permitting and projects that will increase ex19 ploration for, and development of, domestic rare earths. 

20 (c) RARE EARTH POLICY TASK FORCE.— 

21 (1) ESTABLISHMENT.—There is established 

22 within the Department of the Interior a task force 

23 to be known as the ‘‘Rare Earth Policy Task Force’’ 

24 (referred to in this section as the ‘‘Task Force’’), 


rfrederick on DSKD9S0YB1PROD with BILLS
7 

•HR 1388 IH

1 which shall report to the President through the Sec2 retary of the Interior. 

3 (2) COMPOSITION.—The Task Force shall be 

4 composed of the following: 

5 (A) The Secretary of the Interior (or a 

6 designee of such Secretary), who shall serve as 

7 chair of the Task Force. 

8 (B) The Secretary of Energy (or a des9 ignee of such Secretary). 

10 (C) The Secretary of Agriculture (or a des11 ignee of such Secretary). 

12 (D) The Secretary of Defense (or a des13 ignee of such Secretary). 

14 (E) The Secretary of Commerce (or a des15 ignee of such Secretary). 

16 (F) The Secretary of State (or a designee 

17 of such Secretary). 

18 (G) The Director of the Office of Manage19 ment and Budget (or a designee of the Direc20 tor). 

21 (H) The Chairman of the Council on Envi22 ronmental Quality (or a designee of the Chair23 man). 

24 (I) Such other members as the Secretary 

25 of the Interior considers appropriate. 


rfrederick on DSKD9S0YB1PROD with BILLS
8 

•HR 1388 IH

1 (d) DUTIES.—The Task Force shall— 

2 (1) monitor and assist Federal agencies in expe3 diting the review and approval of permits or other 

4 actions, as necessary, to accelerate the completion of 

5 projects that will increase investment in, exploration 

6 for, and development of domestic rare earths pursu7 ant to the Federal Land Policy and Management 

8 Act of 1976 (43 U.S.C. 1701 et seq.), the Act of 

9 June 4, 1897 (commonly known as the ‘‘Organic Act 

10 of 1897’’ (16 U.S.C. 473–482, 551), the National 

11 Forest Management Act of 1976 (16 U.S.C. 1600 et 

12 seq.), and any other applicable statutory authorities 

13 related to domestic mining operations; 

14 (2) assist Federal agencies in reviewing laws 

15 (including regulations) and policies that discourage 

16 investment in, exploration for, and development of 

17 domestic rare earths pursuant to Federal Land Pol18 icy and Management Act of 1976, the Act of June 

19 4, 1897, the National Forest Management Act of 

20 1976, and any other applicable statutory authorities 

21 related to domestic mining operations; and 

22 (3) take such other actions to otherwise in23 crease investment in, exploration for, and develop24 ment of domestic rare earths as the Task Force con25 siders appropriate. 


rfrederick on DSKD9S0YB1PROD with BILLS
9 

•HR 1388 IH

1 (e) ANNUAL REPORTS.—At least once each year, the 

2 Task Force shall submit to the President, the Committee 

3 on Energy and Natural Resources of the Senate, the Com4 mittee on Energy and Commerce of the House of Rep5 resentatives, and the Committee on Natural Resources of 

6 the House of Representatives a report setting forth the 

7 following: 

8 (1) A description of the results of the coordi9 nated and expedited review of permits or other ac10 tions to promote investment in, exploration for, and 

11 development of domestic rare earths, and an identi12 fication of the procedures and actions that have 

13 proven to be the most useful and appropriate in co14 ordinating and expediting the review of projects that 

15 will increase investment in, exploration for, and de16 velopment of domestic rare earths. 

17 (2) An identification of the substantive and pro18 cedural requirements of Federal, State, tribal, and 

19 local laws (including regulations) and Executive or20 ders that are inconsistent with, duplicative of, or 

21 structured so as to restrict effective implementation 

22 of the projects described in paragraph (1). 

23 (3) Such recommendations as the Task Force 

24 considers appropriate to advance the policy set forth 

25 in subsection (b). 


rfrederick on DSKD9S0YB1PROD with BILLS
10 

•HR 1388 IH

1 (f) TERMINATION.—The Task Force shall terminate 

2 10 years after the date of the enactment of this Act. 

3 (g) JUDICIAL REVIEW.— 

4 (1) IN GENERAL.—Nothing in this section shall 

5 be construed to affect any judicial review of an agen6 cy action under any other provision of law. 

7 (2) CONSTRUCTION.—This section— 

8 (A) is intended to improve the internal 

9 management of the Federal Government; and 

10 (B) does not create any right or benefit, 

11 substantive or procedural, enforceable at law or 

12 equity by a party against the United States (in13 cluding an agency, instrumentality, officer, or 

14 employee of the United States) or any other 

15 person. 

16 SEC. 4. REQUIREMENT TO ESTABLISH EXECUTIVE AGENTS 

17 FOR RARE EARTH RELATED MATTERS. 

18 No later than 30 days after the enactment of this 

19 Act the Secretaries of Commerce, Defense, Energy, the 

20 Interior, and State shall each appoint an Executive Agent, 

21 at the Assistant Secretary level of each affected agency, 

22 to serve as a representative on an interagency working 

23 group for the purposes of reestablishing a competitive do24 mestic rare earth supply chain. 


rfrederick on DSKD9S0YB1PROD with BILLS
11 

•HR 1388 IH

1 SEC. 5. RARE EARTH MATERIALS LOAN GUARANTEE PRO2 GRAM. 

3 (a) AMENDMENT.—Title XVII of the Energy Policy 

4 Act of 2005 (42 U.S.C. 16511 et seq.) is amended by add5 ing at the end the following new section: 

6 ‘‘SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MA7 TERIALS REVITALIZATION. 

8 ‘‘(a) IN GENERAL.—The Secretary is authorized, 

9 only to the extent provided in advance in a subsequent 

10 appropriations act, to make guarantees under this title for 

11 the commercial application of new or significantly im12 proved technologies (compared to technologies currently in 

13 use in the United States at the time the guarantee is 

14 issued) for the following categories of projects: 

15 ‘‘(1) The separation and recovery of rare earth 

16 materials from ores or other sources. 

17 ‘‘(2) The preparation of rare earth materials in 

18 oxide, metal, alloy, or other forms needed for na19 tional security, economic well-being, or industrial 

20 production purposes. 

21 ‘‘(3) The application of rare earth materials in 

22 the production of improved— 

23 ‘‘(A) magnets; 

24 ‘‘(B) batteries; 

25 ‘‘(C) refrigeration systems; 

26 ‘‘(D) optical systems; 


rfrederick on DSKD9S0YB1PROD with BILLS
12 

•HR 1388 IH

1 ‘‘(E) electronics; and 

2 ‘‘(F) catalysis. 

3 ‘‘(4) The application of rare earth materials in 

4 other uses, as determined by the Secretary. 

5 ‘‘(b) TIMELINESS.—The Secretary shall seek to mini6 mize delay in approving loan guarantee applications, con7 sistent with appropriate protection of taxpayer interests. 

8 ‘‘(c) COOPERATION.—To the maximum extent prac9 ticable, the Secretary shall cooperate with appropriate pri10 vate sector participants to achieve a complete rare earth 

11 materials production capability in the United States or 

12 ally nations within 5 years after the date of enactment 

13 of the Rare Earths Supply Chain Technology and Re14 sources Transformation Act of 2011. 

15 ‘‘(d) LIMITATION.—The Secretary is authorized to 

16 make a guarantee for a project under this section only 

17 if the project, due to technical or financial uncertainly, is 

18 not— 

19 ‘‘(1) currently being undertaken by the private 

20 sector; or 

21 ‘‘(2) likely to be undertaken by the private sec22 tor. 

23 ‘‘(e) SUNSET.—The authority to enter into guaran24 tees under this section shall expire on September 30, 

25 2015.’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
13 

•HR 1388 IH

1 (b) TABLE OF CONTENTS AMENDMENT.—The table 

2 of contents of the Energy Policy Act of 2005 is amended 

3 by inserting after the item relating to section 1705 the 

4 following new item: 

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

5 SEC. 6. ESTABLISHMENT OF A RARE EARTH ALLOY AND 

6 MAGNET PROGRAM. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) While the capability to produce rare earth 

9 materials, including neodymium iron boron magnets 

10 (in this subsection referred to as ‘‘neo magnets’’), is 

11 the backbone of the defense supply chain, the United 

12 States lacks sufficient capability to produce such 

13 materials. 

14 (2) Sintered neo magnets are irreplaceable com15 ponents of critical military equipment, ranging from 

16 precision guided munitions to stealth technology to 

17 electric drive ship programs, and they allow systems 

18 within aircraft, tanks and other vehicles, missile sys19 tems, and command and control centers to withstand 

20 vibration, impact, and G-forces. 

21 (3) Yet despite the essential nature of these 

22 magnets to United States national security, the 

23 United States is completely reliant on unreliable for24 eign sources that are subject to interruption and disVerDate Mar 15 2010 23:39 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1388.IH H1388

rfrederick on DSKD9S0YB1PROD with BILLS
14 

•HR 1388 IH

1 ruption, based on actions or events outside the con2 trol of the Federal Government. 

3 (4) In addition, industry officials have noted 

4 that it will take 3 to 5 years to develop a domestic 

5 neo magnet manufacturing capability for the com6 mercial market. 

7 (5) In light of these facts, there is a clear na8 tional security imperative to lay the groundwork im9 mediately for developing a supply chain in the 

10 United States that allows for ready access to neo11 dymium iron boron magnet alloys, dysprosium iron 

12 alloys, and sintered neodymium iron boron magnets. 

13 (b) REQUIREMENT TO ESTABLISH AN INVENTORY.— 

14 (1) ESTABLISHMENT.—In accordance with sec15 tion 15 of the Strategic and Critical Materials Stock 

16 Piling Act (50 U.S.C. 98h–6), using funds from the 

17 sale of excess materials in the National Defense 

18 Stockpile, the President, acting through the Sec19 retary of Defense, shall establish a neodymium iron 

20 boron magnet alloy and dysprosium iron alloy inven21 tory to be managed by the Administrator of the De22 fense Logistics Agency Strategic Materials. 

23 (2) SUSTAINING THE INVENTORY.—In carrying 

24 out paragraph (1), not later than one year after the 


rfrederick on DSKD9S0YB1PROD with BILLS
15 

•HR 1388 IH

1 date of the enactment of this Act, the Secretary of 

2 Defense shall— 

3 (A) commence creating an inventory of do4 mestic or ally nation neodymium iron boron 

5 magnet alloys and dysprosium iron alloys; and 

6 (B) make such inventory accessible, includ7 ing by purchase, to producers of domestic neo8 dymium iron boron magnets, the Defense Lo9 gistics Agency of the Department of Defense, or 

10 other entities requiring such material to sup11 port national defense requirements. 

12 (3) AMOUNT OF MATERIALS.— 

13 (A) Not later than 180 days after the date 

14 of the enactment of this Act, the Secretary of 

15 Defense shall determine the amount of neodym16 ium iron boron magnet alloys and dysprosium 

17 iron alloys required for the inventory estab18 lished under paragraph (1). 

19 (B) In making the determination regarding 

20 neodymium iron boron magnet alloys and dys21 prosium iron alloys under subparagraph (A), 

22 the Secretary of Defense shall determine— 

23 (i) the aggregate demand for such 

24 magnets for national defense purposes; and 


rfrederick on DSKD9S0YB1PROD with BILLS
16 

•HR 1388 IH

1 (ii) domestic and ally nation sources 

2 considered by the Secretary to be reliable, 

3 including an analysis of the viability of 

4 such sources for the near-term production 

5 of military-specific sintered neodymium 

6 iron boron magnet alloys and magnets. 

7 (C) If the Secretary of Defense cannot de8 termine the aggregate demand for neodymium 

9 iron boron magnet alloys and dysprosium iron 

10 alloys under subparagraph (B)(i), the Secretary 

11 shall establish an inventory of not less than 200 

12 metric tons of neodymium iron boron magnet 

13 alloy and 50 metric tons of dysprosium iron 

14 alloy. 

15 (c) REQUIREMENT TO ENCOURAGE A DOMESTIC

16 MANUFACTURING CAPABILITY.— 

17 (1) ENCOURAGEMENT.—In accordance with 

18 section 15 of the Strategic and Critical Materials 

19 Stock Piling Act (50 U.S.C. 98h–6), not later than 

20 one year after the date of the enactment of this Act, 

21 the President, acting through the Secretary of De22 fense, shall encourage the development of a domestic 

23 neodymium iron boron magnet manufacturing capa24 bility by seeking to enter into long-term supply con25 tracts for the delivery of necessary grades of domesVerDate Mar 15 2010 23:39 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1388.IH H1388

rfrederick on DSKD9S0YB1PROD with BILLS
17 

•HR 1388 IH

1 tic neodymium iron boron magnets to meet the de2 mand of the Department of Defense. 

3 (2) REQUIREMENTS.—In carrying out para4 graph (1), the Secretary of Defense shall— 

5 (A) identify one or more reliable producers, 

6 potential producers, or past producers of sin7 tered neodymium iron boron magnets and seek 

8 to enter into a long-term supply contract with 

9 such producer of such magnets to support the 

10 national defense needs of the United States; 

11 (B) ensure that a sintered neodymium iron 

12 boron magnet producer who is awarded any 

13 such long-term contract establishes manufac14 turing capability for only military-use magnets 

15 for sale to the National Defense Stockpile; 

16 (C) include all appropriate language in any 

17 such contract to indemnify the producers re18 garding intellectual property issues; and 

19 (D) require the Administrator of the De20 fense Logistics Agency Strategic Materials to 

21 make available such magnets for purchase by 

22 Federal Government contractors until the date 

23 on which the Secretary determines that an al24 ternate qualified domestic supplier of sintered 

25 neodymium iron boron magnets exists. 


rfrederick on DSKD9S0YB1PROD with BILLS
18 

•HR 1388 IH

1 (d) TERMINATION.—The authority under subsection 

2 (b) and the authority to enter into a long-term supply con3 tract under subsection (c) shall terminate on the earlier 

4 of the following dates: 

5 (1) The date on which the Secretary of Defense 

6 determines that an alternate qualified domestic sup7 plier of neodymium iron boron magnet alloy and 

8 dysprosium iron alloy exists. 

9 (2) October 1, 2018. 

10 SEC. 7. RARE EARTH MATERIALS PROGRAM. 

11 (a) IN GENERAL.—There is established in the United 

12 States Geological Survey a program of research, develop13 ment, demonstration, and commercial application to en14 sure the long-term, secure, and sustainable supply of rare 

15 earth materials sufficient to satisfy the national security, 

16 economic well-being, and industrial production needs of 

17 the United States. 

18 (b) PROGRAM ACTIVITIES.—The program described 

19 in subsection (a) shall support activities to— 

20 (1) better characterize and quantify virgin 

21 stocks of rare earth materials using theoretical geo22 chemical research; 

23 (2) explore, discover, and recover rare earth 

24 materials using advanced science and technology; 


rfrederick on DSKD9S0YB1PROD with BILLS
19 

•HR 1388 IH

1 (3) improve methods for the extraction, proc2 essing, use, recovery, and recycling of rare earth ma3 terials; 

4 (4) improve the understanding of the perform5 ance, processing, and adaptability in engineering de6 signs of rare earth materials; 

7 (5) identify and test alternative materials that 

8 can be substituted for rare earth materials in par9 ticular applications; 

10 (6) engineer and test applications that— 

11 (A) use recycled rare earth materials; 

12 (B) use alternative materials; or 

13 (C) seek to minimize rare earth materials 

14 content; 

15 (7) collect, catalogue, archive, and disseminate 

16 information on rare earth materials, including sci17 entific and technical data generated by the research 

18 and development activities supported under this sec19 tion, and assist scientists and engineers in making 

20 the fullest possible use of the data holdings; and 

21 (8) facilitate information sharing and collabora22 tion among program participants and stakeholders. 

23 (c) IMPROVED PROCESSES AND TECHNOLOGIES.—To 

24 the maximum extent practicable, the Secretary of the Inte25 rior shall support new or significantly improved processes 


rfrederick on DSKD9S0YB1PROD with BILLS
20 

•HR 1388 IH

1 and technologies as compared to those currently in use 

2 in the rare earth materials industry. 

3 (d) EXPANDING PARTICIPATION.—The Secretary of 

4 the Interior shall encourage— 

5 (1) multidisciplinary collaborations among pro6 gram participants; and 

7 (2) extensive opportunities for students at insti8 tutions of higher education, including institutions 

9 listed under section 371(a) of the Higher Education 

10 Act of 1965 (20 U.S.C. 1067q(a)). 

11 (e) CONSISTENCY.—The program shall be consistent 

12 with the policies and programs in the National Materials 

13 and Minerals Policy, Research and Development Act of 

14 1980 (30 U.S.C. 1601 et seq.). 

15 (f) INTERNATIONAL COLLABORATION.—In carrying 

16 out the program, the Secretary of the Interior may col17 laborate, to the extent practicable, on activities of mutual 

18 interest with the relevant agencies of foreign countries 

19 with interests relating to rare earth materials. 

20 (g) PLAN.— 

21 (1) IN GENERAL.—Within 180 days after the 

22 date of enactment of this Act and biennially there23 after, the Secretary of the Interior shall prepare and 

24 submit to the appropriate congressional committees 


rfrederick on DSKD9S0YB1PROD with BILLS
21 

•HR 1388 IH

1 a plan to carry out the program established under 

2 subsection (a). 

3 (2) SPECIFIC REQUIREMENTS.—The plan shall 

4 include a description of— 

5 (A) the research and development activities 

6 to be carried out by the program during the 

7 subsequent 2 years; 

8 (B) the expected contributions of the pro9 gram to the creation of innovative methods and 

10 technologies for the efficient and sustainable 

11 provision of rare earth materials to the domes12 tic economy; 

13 (C) how the program is promoting the 

14 broadest possible participation by academic, in15 dustrial, and other contributors; and 

16 (D) actions taken or proposed that reflect 

17 recommendations from the assessment con18 ducted under subsection (h) or the Secretary’s 

19 rationale for not taking action pursuant to any 

20 recommendation from such assessment for 

21 plans submitted following the completion of the 

22 assessment under such subsection. 

23 (3) CONSULTATION.—In preparing each plan 

24 under paragraph (1), the Secretary of the Interior 

25 shall consult with appropriate representatives of inVerDate Mar 15 2010 23:39 Apr 07, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1388.IH H1388

rfrederick on DSKD9S0YB1PROD with BILLS
22 

•HR 1388 IH

1 dustry, institutions of higher education, Department 

2 of Energy national laboratories, professional and 

3 technical societies, and other entities, as determined 

4 by the Secretary. 

5 SEC. 8. AMENDMENTS TO NATIONAL MATERIALS AND MIN6 ERALS POLICY, RESEARCH AND DEVELOP7 MENT ACT OF 1980. 

8 (a) PROGRAM PLAN.—Section 5 of the National Ma9 terials and Minerals Policy, Research and Development 

10 Act of 1980 (30 U.S.C. 1604) is amended— 

11 (1) by striking ‘‘date of enactment of this Act’’ 

12 each place it appears and inserting ‘‘date of enact13 ment of the Rare Earths Supply Chain Technology 

14 and Resources Transformation Act of 2011’’; 

15 (2) in subsection (b), by striking ‘‘Federal Co16 ordinating Council for Science, Engineering, and 

17 Technology’’ and inserting ‘‘National Science and 

18 Technology Council,’’; 

19 (3) in subsection (c)— 

20 (A) by striking ‘‘the Federal Emergency’’ 

21 and all that follows through ‘‘Agency, and’’; 

22 (B) by striking ‘‘appropriate shall’’ and in23 serting ‘‘appropriate, shall’’; 

24 (C) by striking paragraph (1); 


rfrederick on DSKD9S0YB1PROD with BILLS
23 

•HR 1388 IH

1 (D) in paragraph (2), by striking ‘‘in the 

2 case’’ and all that follows through ‘‘sub3 section,’’; 

4 (E) by redesignating paragraph (2) as 

5 paragraph (1); and 

6 (F) by striking paragraph (3) and insert7 ing the following: 

8 ‘‘(2) assess the adequacy, accessibility, and sta9 bility of the supply of materials necessary to main10 tain national security, economic well-being, and in11 dustrial production.’’; 

12 (4) by striking subsections (d) and (e); and 

13 (5) by redesignating subsection (f) as sub14 section (d). 

15 (b) POLICY.—Section 3 of such Act (30 U.S.C. 1602) 

16 is amended— 

17 (1) by striking ‘‘The Congress declares that it’’ 

18 and inserting ‘‘It’’; and 

19 (2) by striking ‘‘The Congress further declares 

20 that implementation’’ and inserting ‘‘Implementa21 tion’’. 

22 (c) IMPLEMENTATION.—Section 4 of such Act (30 

23 U.S.C. 1603) is amended— 


rfrederick on DSKD9S0YB1PROD with BILLS
24 

•HR 1388 IH

1 (1) by striking ‘‘For the purpose’’ and all that 

2 follows through ‘‘declares that the’’ and inserting 

3 ‘‘The’’; and 

4 (2) by striking ‘‘departments and agencies,’’ 

5 and inserting ‘‘departments and agencies to imple6 ment the policies set forth in section 3’’. 

7 SEC. 9. DEFINITIONS. 

8 In this Act: 

9 (1) ALLOY.—The terms ‘‘alloy’’ means a partial 

10 or complete solid solution of one or more elements 

11 in a metallic matrix. 

12 (2) ALLOYING.—The term ‘‘alloying’’ means the 

13 melting of metal to create a metallic matrix. 

14 (3) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means the Committee on Natural Re17 sources of the House of Representatives and the 

18 Committee Energy and Natural Resources of the 

19 Senate. 

20 (4) PROCESS.—The term ‘‘process’’, in the case 

21 of a rare earth oxide, means the conversion of the 

22 oxide into usable rare earth metals and specialty al23 loys and powders for domestic magnet and other 

24 manufacturing. 


rfrederick on DSKD9S0YB1PROD with BILLS
25 

•HR 1388 IH

1 (5) RARE EARTH.—The term ‘‘rare earth’’ 

2 means any of the following chemical elements in any 

3 of their physical forms or chemical combinations: 

4 (A) Scandium. 

5 (B) Yttrium. 

6 (C) Lanthanum. 

7 (D) Cerium. 

8 (E) Praseodymium. 

9 (F) Neodymium. 

10 (G) Promethium. 

11 (H) Samarium. 

12 (I) Europium. 

13 (J) Gadolinium. 

14 (K) Terbium. 

15 (L) Dysprosium. 

16 (M) Holmium. 

17 (N) Erbium. 

18 (O) Thulium. 

19 (P) Ytterbium. 

20 (Q) Lutetium. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS