I 
114TH CONGRESS 
1ST SESSION H. R. 2687 
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 
JUNE 8, 2015 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing Energy Crit-
ical Elements and American Jobs Act of 2015’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate Congressional com-
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mittees’’ means the Committee on Science, Space, 
and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation 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 102(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 have a high risk of a supply 
disruption and are critical to one or more new, en-
ergy-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) HUB.—The term ‘‘Hub’’ means the Critical 
Materials Energy Innovation Hub authorized in sec-
tion 102(a). 
(6) 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)). 
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(7) PROGRAM.—The term ‘‘program’’ means 
the program authorized in section 101(a). 
(8) 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.—There is authorized in the 
Department a program of research, development, 
demonstration, and commercial application to assure 
the long-term, secure, and sustainable supply of en-
ergy critical elements sufficient to satisfy the na-
tional security, economic well-being, and industrial 
production needs of the United States. This program 
may be carried out primarily by the Critical Mate-
rials Energy Innovation Hub authorized in section 
102(a). 
(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 en-
ergy critical elements; 
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(B) improve the understanding of the per-
formance, processing, and adaptability in engi-
neering designs using energy critical elements; 
(C) identify and test alternative materials 
that can be substituted for energy critical ele-
ments and maintain or exceed current perform-
ance; and 
(D) engineer and test applications that— 
(i) use recycled energy critical ele-
ments; 
(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 mul-
tidisciplinary collaborations of participants, including 
opportunities for students at institutions of higher 
education. 
(4) CONSISTENCY.—The program shall be con-
sistent with the policies and programs in the Na-
tional Materials and Minerals Policy, Research and 
Development Act of 1980 (30 U.S.C. 1601 et seq.). 
(5) INTERNATIONAL COLLABORATION.—In car-
rying out the program, the Secretary shall collabo-
rate, to the extent practicable, on activities of mu-
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tual 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 there-
after, the Secretary shall prepare and submit to the 
appropriate Congressional committees a plan to 
carry out the program. 
(2) SPECIFIC
REQUIREMENTS.—The plan re-
quired under paragraph (1) shall include a descrip-
tion 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 pro-
gram to the creation of innovative methods and 
technologies for the efficient and sustainable 
provision of energy critical elements to the do-
mestic economy; and 
(C) how the program is promoting the 
broadest possible participation by academic, in-
dustrial, and other contributors. 
(3) CONSULTATION.—In preparing each plan 
under paragraph (1), the Secretary shall consult 
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with appropriate representatives of industry, institu-
tions of higher education, Department of Energy na-
tional laboratories, professional and technical soci-
eties, 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 coordi-
nated with, and do not unnecessarily duplicate the efforts 
of, other programs within the Federal Government. 
(d) 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 2016, $25,000,000. 
(B) For fiscal year 2017, $25,000,000. 
(C) For fiscal year 2018, $25,000,000. 
(D) For fiscal year 2019, $25,000,000. 
(E) For fiscal year 2020, $25,000,000. 
(2) AVAILABILITY.—Such sums shall remain 
available until expended. 
SEC. 102. CRITICAL MATERIALS ENERGY INNOVATION HUB. 
(a) CRITICAL
MATERIALS
ENERGY
INNOVATION 
HUB.—To carry out the program, the Secretary is author-
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ized to maintain a Critical Materials Energy Innovation 
Hub. 
(b) CRITICAL MATERIALS INFORMATION CENTER.— 
(1) IN
GENERAL.—To collect, catalogue, dis-
seminate, and archive information on energy critical 
elements in coordination with the Department of 
Energy Office of Scientific and Technical Informa-
tion, the Hub shall establish and maintain a Critical 
Materials Information Center. 
(2) CENTER ACTIVITIES.— 
(A) IN GENERAL.—The Center shall— 
(i) serve as the repository for sci-
entific 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 Cen-
ter’s data holdings; 
(iii) seek and incorporate other infor-
mation on energy critical elements to en-
hance the Center’s utility for program par-
ticipants and other users; 
(iv) provide advice to the Secretary 
concerning the program; and 
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(v) host meetings, at least annually, 
for participants in the 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 con-
ferences under subparagraph (A)(v). 
(c) REVIEW AND REPORT TO CONGRESS.—An award 
made to operate the Hub shall be for a period not to ex-
ceed 5 years, after which the award may be renewed, sub-
ject to a rigorous merit review. A Hub already in existence 
on the date of enactment of this Act may continue to re-
ceive support for a period of 5 years beginning on the date 
of establishment of that Hub. Following this process, if 
the Secretary determines that award renewal for the Hub 
is justified, then the Secretary must submit a report to 
the appropriate Congressional committees at least 30 days 
prior to the award renewal which explains the Secretary’s 
determination and describes the Department’s review 
process. 
(d) PROHIBITION
ON CONSTRUCTION.—No funds 
provided pursuant to this section may be used for con-
struction of new buildings or facilities for the Hub. Con-
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struction of new buildings or facilities shall not be consid-
ered as part of the non-Federal share of a Hub cost-shar-
ing agreement. 
SEC. 103. SUPPLY OF ENERGY CRITICAL ELEMENTS. 
The President, acting through the Critical Material 
Supply Chain Subcommittee of the Committee on Envi-
ronment, Natural Resources, and Sustainability of the Na-
tional 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 na-
tional 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 estab-
lish scenario modeling systems for supply problems 
of energy critical elements; 
(3) establish a mechanism for the coordination 
and evaluation of Federal programs with energy crit-
ical element needs, including Federal programs in-
volving research and development, in a manner that 
complements related efforts carried out by the pri-
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