I 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Rare Earths and Critical Materials Revitalization Act of 

6 2010’’. 

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

8 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate Congressional com5 mittees’’ means the Committee on Science and Tech6 nology of the House of Representatives and the 

7 Committee on Commerce, Science, and Transpor8 tation and the Committee on Energy and Natural 

9 Resources of the Senate. 

10 (2) CENTER.—The term ‘‘Center’’ means the 

11 Research and Development Information Center es12 tablished in section 101(b). 

13 (3) DEPARTMENT.—The term ‘‘Department’’ 

14 means the Department of Energy. 

15 (4) RARE EARTH MATERIALS.—The term ‘‘rare 

16 earth materials’’ means any of the following chem17 ical elements in any of their physical forms or chem18 ical combinations: 

19 (A) Scandium. 


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1 (B) Yttrium. 

2 (C) Lanthanum. 

3 (D) Cerium. 

4 (E) Praseodymium. 

5 (F) Neodymium. 

6 (G) Promethium. 

7 (H) Samarium. 

8 (I) Europium. 

9 (J) Gadolinium. 

10 (K) Terbium. 

11 (L) Dysprosium. 

12 (M) Holmium. 

13 (N) Erbium. 

14 (O) Thulium. 

15 (P) Ytterbium. 

16 (Q) Lutetium. 

17 (5) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Energy. 

19 TITLE I—RARE EARTH 

20 MATERIALS 

21 SEC. 101. RARE EARTH MATERIALS PROGRAM. 

22 (a) ESTABLISHMENT OF PROGRAM.— 

23 (1) IN GENERAL.—There is established in the 

24 Department a program of research, development, 

25 demonstration, and commercial application to assure 


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1 the long-term, secure, and sustainable supply of rare 

2 earth materials sufficient to satisfy the national se3 curity, economic well-being, and industrial produc4 tion needs of the United States. 

5 (2) PROGRAM ACTIVITIES.—The program shall 

6 support activities to— 

7 (A) better characterize and quantify virgin 

8 stocks of rare earth materials using theoretical 

9 geochemical research; 

10 (B) explore, discover, and recover rare 

11 earth materials using advanced science and 

12 technology; 

13 (C) improve methods for the extraction, 

14 processing, use, recovery, and recycling of rare 

15 earth materials; 

16 (D) improve the understanding of the per17 formance, processing, and adaptability in engi18 neering designs of rare earth materials; 

19 (E) identify and test alternative materials 

20 that can be substituted for rare earth materials 

21 in particular applications; and 

22 (F) engineer and test applications that— 

23 (i) use recycled rare earth materials; 

24 (ii) use alternative materials; or 


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1 (iii) seek to minimize rare earth mate2 rials content. 

3 (3) IMPROVED PROCESSES AND TECH4 NOLOGIES.—To the maximum extent practicable, the 

5 Secretary shall support new or significantly im6 proved processes and technologies as compared to 

7 those currently in use in the rare earth materials in8 dustry. 

9 (4) EXPANDING PARTICIPATION.—The Sec10 retary shall encourage multidisciplinary collabora11 tions of participants, extensive opportunities for stu12 dents at institutions of higher education, or both. 

13 (5) CONSISTENCY.—The program shall be con14 sistent with the policies and programs in the Na15 tional Materials and Minerals Policy, Research and 

16 Development Act of 1980 (30 U.S.C. 1601 et seq.). 

17 (6) INTERNATIONAL COLLABORATION.—In car18 rying out the program, the Secretary shall collabo19 rate, to the extent practicable, with the relevant di20 rectorates of the European Commission to coordi21 nate activities of mutual interest and avoid duplica22 tion of effort. 

23 (b) RESEARCH AND DEVELOPMENT INFORMATION

24 CENTER.— 


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1 (1) IN GENERAL.—To collect, catalogue, dis2 seminate, and archive information on rare earth ma3 terials, the Secretary shall establish, through a com4 petitive process, a Research and Development Infor5 mation Center. 

6 (2) CENTER ACTIVITIES.— 

7 (A) IN GENERAL.—The Center shall— 

8 (i) serve as the repository for sci9 entific and technical data generated by the 

10 research and development activities funded 

11 under this section; 

12 (ii) assist scientists and engineers in 

13 making the fullest possible use of the Cen14 ter’s data holdings; 

15 (iii) seek and incorporate other infor16 mation on rare earth materials to enhance 

17 the Center’s utility for program partici18 pants and other users; 

19 (iv) provide advice to the Secretary 

20 concerning the research and development 

21 program under subsection (a); and 

22 (v) host conferences, at least annually, 

23 for participants in the rare earth materials 

24 program and other interested parties to 


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1 promote information sharing and encour2 age new collaborative activities. 

3 (B) RESTRICTION.—Not more than 2.5 

4 percent of the amounts made available pursuant 

5 to this section may be used for hosting con6 ferences under subparagraph (A)(v). 

7 (c) PLAN.— 

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

9 date of enactment of this Act and biennially there10 after, the Secretary shall prepare and submit to the 

11 appropriate Congressional committees a plan to 

12 carry out the program established under subsection 

13 (a) and the Center established under subsection (b). 

14 (2) SPECIFIC REQUIREMENTS.—The plan shall 

15 include a description of— 

16 (A) the research and development activities 

17 to be carried out by the program during the 

18 subsequent 2 years; 

19 (B) the expected contributions of the pro20 gram and the Center to the creation of innova21 tive methods and technologies for the efficient 

22 and sustainable provision of rare earth mate23 rials to the domestic economy; 


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1 (C) the technical criteria to be used to 

2 evaluate applications for loan guarantees under 

3 section 1706 of the Energy Policy Act of 2005; 

4 (D) any projects receiving loan guarantee 

5 support under such section and the status of 

6 such projects; 

7 (E) how the program is promoting the 

8 broadest possible participation by academic, in9 dustrial, and other contributors; and 

10 (F) actions taken or proposed that reflect 

11 recommendations from the assessment con12 ducted under subsection (d) or the Secretary’s 

13 rationale for not taking action pursuant to any 

14 recommendation from such assessment for 

15 plans submitted following the completion of the 

16 assessment under such subsection. 

17 (3) CONSULTATION.—In preparing each plan 

18 under paragraph (1), the Secretary shall consult 

19 with appropriate representatives of industry, institu20 tions of higher education, Department of Energy na21 tional laboratories, professional and technical soci22 eties, and other entities, as determined by the Sec23 retary. 

24 (d) ASSESSMENT.— 


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1 (1) IN GENERAL.—After the program has been 

2 in operation for 4 years, the Secretary shall offer to 

3 enter into a contract with the National Academy of 

4 Sciences under which the National Academy shall 

5 conduct an assessment of the program under sub6 section (a), including the operations and activities of 

7 the Center under subsection (b). 

8 (2) INCLUSIONS.—The assessment shall include 

9 the recommendation of the National Academy of 

10 Sciences that the program should be— 

11 (A) continued, accompanied by a descrip12 tion of any improvements needed in the pro13 gram; or 

14 (B) terminated, accompanied by a descrip15 tion of the lessons learned from the execution of 

16 the program. 

17 (3) AVAILABILITY.—The assessment shall be 

18 made available to Congress and the public upon 

19 completion. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There are authorized to be 

22 appropriated to the Secretary to carry out this sec23 tion the following sums: 

24 (A) For fiscal year 2011, $10,000,000. 

25 (B) For fiscal year 2012, $15,000,000. 


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1 (C) For fiscal year 2013, $15,000,000. 

2 (D) For fiscal year 2014, $15,000,000. 

3 (E) For fiscal year 2015, $15,000,000. 

4 (2) ASSESSMENT.—From the amounts author5 ized under paragraph (1), there are authorized to be 

6 appropriated to the Secretary $700,000 to enter into 

7 a contract under subsection (d)(1). 

8 (3) AVAILABILITY.—Such sums shall remain 

9 available until expended. 

10 SEC. 102. RARE EARTH MATERIALS LOAN GUARANTEE PRO11 GRAM. 

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

13 Act of 2005 (42 U.S.C. 16511 et seq.) is amended by add14 ing at the end the following new section: 

15 ‘‘SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MA16 TERIALS REVITALIZATION. 

17 ‘‘(a) IN GENERAL.—As part of the program estab18 lished in section 101 of the Rare Earths and Critical Ma19 terials Revitalization Act of 2010, the Secretary is author20 ized to make guarantees under this title for the commer21 cial application of new or significantly improved tech22 nologies (compared to technologies currently in use in the 

23 United States) for the following categories of projects: 

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

25 materials from ores or other sources. 


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

2 oxide, metal, alloy, or other forms needed for na3 tional security, economic well-being, or industrial 

4 production purposes. 

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

6 the production of improved— 

7 ‘‘(A) magnets; 

8 ‘‘(B) batteries; 

9 ‘‘(C) refrigeration systems; 

10 ‘‘(D) optical systems; 

11 ‘‘(E) electronics; and 

12 ‘‘(F) catalysis. 

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

14 other uses, as determined by the Secretary. 

15 ‘‘(b) TIMELINESS.—The Secretary shall seek to mini16 mize delay in approving loan guarantee applications, con17 sistent with appropriate protection of taxpayer interests. 

18 ‘‘(c) COOPERATION.—To the maximum extent prac19 ticable, the Secretary shall cooperate with appropriate pri20 vate sector participants to achieve a complete rare earth 

21 materials production capability in the United States with22 in 5 years after the date of enactment of the Rare Earths 

23 and Critical Materials Revitalization Act of 2010. 


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1 ‘‘(d) SUNSET.—The authority to enter into guaran2 tees under this section shall expire on September 30, 

3 2018.’’. 

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

5 of contents for the Energy Policy Act of 2005 is amended 

6 by inserting after the item relating to section 1705 the 

7 following new item: 

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

8 TITLE II—NATIONAL MATERIALS 

9 AND MINERALS POLICY, RE10 SEARCH, AND DEVELOPMENT 

11 SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND 

12 MINERALS POLICY, RESEARCH AND DEVEL13 OPMENT ACT OF 1980. 

14 (a) PROGRAM PLAN.—Section 5 of the National Ma15 terials and Minerals Policy, Research and Development 

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

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

18 each place it appears and inserting ‘‘date of enact19 ment of the Rare Earths and Critical Materials Re20 vitalization Act of 2010’’; 

21 (2) in subsection (b), by striking ‘‘Federal Co22 ordinating Council for Science, Engineering, and 

23 Technology’’ and inserting ‘‘National Science and 

24 Technology Council,’’; 

25 (3) in subsection (c)— 


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

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

3 (B) by striking ‘‘appropriate shall’’ and in4 serting ‘‘appropriate, shall’’; 

5 (C) by striking paragraph (1); 

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

7 case’’ and all that follows through ‘‘subsection,’’ 

8 (E) by redesignating paragraph (2) as 

9 paragraph (1); and 

10 (F) by redesignating and amending para11 graph (3) to read as follows: 

12 ‘‘(2) assess the adequacy and stability of the 

13 supply of materials necessary to maintain national 

14 security, economic well-being, and industrial produc15 tion.’’; 

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

17 (5) by redesignating subsection (f) as sub18 section (d). 

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

20 is amended— 

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

22 and inserting ‘‘It’’; 

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

24 that implementation’’ and inserting ‘‘Implementa25 tion’’. 


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

2 U.S.C. 1603) is amended— 

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

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

5 ‘‘The’’; and 

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

7 and inserting ‘‘departments and agencies to imple8 ment the policies set forth in section 3’’. 

9 SEC. 202. REPEAL. 

10 Title II of Public Law 98–373 (30 U.S.C. 1801; 98 

11 Stat. 1248), also known as the National Critical Materials 

12 Act of 1984, is repealed. 

Æ 


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