I 
118TH CONGRESS 
1ST SESSION H. R. 4996 
To establish a Critical Materials Processing Technology Testbed Capability, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2023 
Mr. FOSTER introduced the following bill; which was referred to the 
Committee on Science, Space, and Technology 
A BILL 
To establish a Critical Materials Processing Technology 
Testbed Capability, 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 ‘‘Critical Materials 
Processing Technology Testbed Act’’. 
SEC. 2. CRITICAL MATERIALS PROCESSING TECHNOLOGY 
TESTBED. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with other appropriate Federal agencies, shall 
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administer a competitive, merit reviewed process to 
establish a Critical Materials Processing Technology 
Testbed Capability (referred to in this section as the 
‘‘Testbed’’) that allows for— 
(A) research, development, and demonstra-
tion of novel critical materials processing tech-
nologies; and 
(B) scalable performance testing to be con-
ducted on feedstock materials. 
(2) SELECTION.—In administering the process 
referred to in paragraph (1), the Secretary shall con-
sider applications from National Laboratories, insti-
tutions of higher education, private companies, 
multi-institutional collaborations, and other entities 
the Secretary determines appropriate. The Secretary 
may implement the Testbed as a single site or more 
than one site as necessary to carry out the mission 
of the Testbed as described in subsections (a) and 
(b). 
(b) FOCUS AREAS.—The Testbed shall include a 
focus on substantive and innovative improvements to crit-
ical materials processing technologies, including relating 
to the following: 
(1) Reduced energy intensity. 
(2) Reduced pollutants. 
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(3) Reduced water consumption. 
(4) Lower environmental and societal impacts. 
(5) Lower lifecycle costs. 
(6) Improved recovery efficiencies. 
(7) Process improvement beyond traditional 
thermal or pyro chemical techniques. 
(8) Reduced volumes and toxicity of waste. 
(9) Noise reduction. 
(10) Worker safety. 
(11) Processing techniques and technologies 
which have applicability to a wide range of material 
sources. 
(c) DURATION.— 
(1) IN
GENERAL.—The Testbed shall receive 
support for a period of not more than five years, 
subject to the availability of appropriations. 
(2) RENEWAL.—Upon the expiration of any pe-
riod of support of the Testbed, the Secretary may 
renew support for the Testbed, on a merit-reviewed 
process, for a period of not more than five years. 
(d) TECHNOLOGY TRANSFER.—The Secretary, in co-
ordination with the Director of the Office of Technology 
Transitions of the Department, shall facilitate the trans-
lation and secure transfer to industry of research results 
produced at the Testbed. 
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(e) INTELLECTUAL PROPERTY.—The Secretary shall 
ensure the intellectual property and value proposition gen-
erated by research, development, and demonstration ac-
tivities at the Testbed are retained within the United 
States. 
(f) INTERAGENCY ENGAGEMENT.—In carrying out 
this section, the Secretary shall— 
(1) consult with the Administrator of the Envi-
ronmental Protection Agency to ensure the goals 
and objectives of the Testbed align with applicable 
laws and regulations and environmental justice pri-
orities; and 
(2) ensure appropriate cooperation with, and 
avoid unnecessary duplication of, the activities of the 
Testbed with the activities of— 
(A) other research entities of the Depart-
ment; 
(B) the National Laboratories; 
(C) other Federal agencies; 
(D) institutions of higher education; 
(E) United States industry; 
(F) nongovernmental organizations; and 
(G) other relevant individuals or entities. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
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(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary— 
(A) $150,000,000 for fiscal year 2024 to 
establish the Testbed; and 
(B) $25,000,000 for each of fiscal years 
2025 through 2028 to carry out the activities of 
the Testbed. 
(2) COST SHARE.—The Secretary may require 
that funds made available pursuant to the authoriza-
tion under paragraph (1)(B) be cost-shared by enti-
ties other than a National Laboratory seeking to 
conduct research, development, or demonstration ac-
tivities at the Testbed. 
(h) DEFINITIONS.—In this section: 
(1) CRITICAL
MATERIAL.—The term ‘‘critical 
material’’ means any of the following: 
(A) A critical material, as such term is de-
fined in section 7002(a)(2) of the Energy Act 
of 2020 (30 U.S.C. 1606(a)(2); enacted as divi-
sion Z of the Consolidated Appropriations Act, 
2021 (Public Law 116–260)). 
(B) A strategic mineral as determined by 
the Secretary of Defense pursuant to Presi-
dential Determination 2022–11. 
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(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) 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)). 
(4) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given such term 
in section 3 of the Energy Policy Act of 2005 (42 
U.S.C. 15801(3)). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
Æ 
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