I 
112TH CONGRESS 
1ST SESSION 
H. R. 952 
To develop 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 
MARCH 8, 2011 
Mr. MILLER of North Carolina introduced the following bill; which was 
referred to the Committee on Science, Space, and Technology 
A BILL 
To develop 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Energy Critical Elements Renewal Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—ENERGY CRITICAL ELEMENTS 
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Sec. 101. Energy critical elements program. 
Sec. 102. Policy Coordination Committee. 
Sec. 103. 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. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate Congressional com-
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 
Research and Development Information Center es-
tablished in section 101(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 are critical to one or more 
new, energy-related technologies such that a short-
age of such element would significantly inhibit large- 
scale deployment of technologies that produce, trans-
mit, store, or conserve energy. 
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(5) RARE EARTH MATERIALS.—The term ‘‘rare 
earth materials’’ means any of the following chem-
ical elements in any of their physical forms or chem-
ical combinations: 
(A) Scandium. 
(B) Yttrium. 
(C) Lanthanum. 
(D) Cerium. 
(E) Praseodymium. 
(F) Neodymium. 
(G) Promethium. 
(H) Samarium. 
(I) Europium. 
(J) Gadolinium. 
(K) Terbium. 
(L) Dysprosium. 
(M) Holmium. 
(N) Erbium. 
(O) Thulium. 
(P) Ytterbium. 
(Q) Lutetium. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
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TITLE I—ENERGY CRITICAL 
ELEMENTS 
SEC. 101. ENERGY CRITICAL ELEMENTS PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.— 
(1) IN GENERAL.—There is established 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. 
(2) PROGRAM ACTIVITIES.—The program shall 
support activities to— 
(A) better characterize and quantify virgin 
stocks of energy critical elements using theo-
retical geochemical research; 
(B) explore, discover, and recover energy 
critical elements using advanced science and 
technology; 
(C) improve methods for the extraction, 
processing, use, recovery, and recycling of en-
ergy critical elements; 
(D) improve the understanding of the per-
formance, processing, and adaptability in engi-
neering designs of energy critical elements; 
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(E) identify and test alternative materials 
that can be substituted for energy critical ele-
ments in particular applications; and 
(F) 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) 
IMPROVED
PROCESSES
AND
TECH-
NOLOGIES.—To the maximum extent practicable, the 
Secretary shall support new or significantly im-
proved processes and technologies as compared to 
those currently in use in the energy critical elements 
industry. 
(4) EXPANDING
PARTICIPATION.—The Sec-
retary shall encourage multidisciplinary collabora-
tions of participants, extensive opportunities for stu-
dents at institutions of higher education, or both. 
(5) 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.). 
(6) INTERNATIONAL COLLABORATION.—In car-
rying out the program, the Secretary may collabo-
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rate, to the extent practicable, on activities of mu-
tual interest with the relevant agencies of foreign 
countries with interests relating to energy critical 
elements. 
(b) RESEARCH AND DEVELOPMENT INFORMATION 
CENTER.— 
(1) IN
GENERAL.—To collect, catalogue, dis-
seminate, and archive information on energy critical 
elements, the Secretary shall establish, through a 
competitive process, a Research and Development 
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; 
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(iv) provide advice to the Secretary 
concerning the research and development 
program under subsection (a); and 
(v) host conferences, at least annually, 
for participants in the energy critical ele-
ments program and other interested par-
ties 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) 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 established under subsection 
(a) and the Center established under subsection (b). 
(2) SPECIFIC REQUIREMENTS.—The plan shall 
include a description of— 
(A) the research and development activities 
to be carried out by the program during the 
subsequent 2 years; 
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(B) the expected contributions of the pro-
gram and the Center to the creation of innova-
tive methods and technologies for the efficient 
and sustainable provision of energy critical ele-
ments to the domestic economy; 
(C) the technical criteria to be used to 
evaluate applications for loan guarantees under 
section 1706 of the Energy Policy Act of 2005; 
(D) any projects receiving loan guarantee 
support under such section and the status of 
such projects; 
(E) how the program is promoting the 
broadest possible participation by academic, in-
dustrial, and other contributors; and 
(F) actions taken or proposed that reflect 
recommendations from the assessment con-
ducted under subsection (d) or the Secretary’s 
rationale for not taking action pursuant to any 
recommendation from such assessment for 
plans submitted following the completion of the 
assessment under such subsection. 
(3) CONSULTATION.—In preparing each plan 
under paragraph (1), the Secretary shall consult 
with appropriate representatives of industry, institu-
tions of higher education, Department of Energy na-
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tional laboratories, professional and technical soci-
eties, and other entities, as determined by the Sec-
retary. 
(d) ASSESSMENT.— 
(1) IN GENERAL.—After the program has been 
in operation for 4 years, the Secretary shall offer to 
enter into a contract with the National Academy of 
Sciences under which the National Academy shall 
conduct an assessment of the program under sub-
section (a), including the operations and activities of 
the Center under subsection (b). 
(2) INCLUSIONS.—The assessment shall include 
the recommendation of the National Academy of 
Sciences that the program should be— 
(A) continued, accompanied by a descrip-
tion of any improvements needed in the pro-
gram; or 
(B) terminated, accompanied by a descrip-
tion of the lessons learned from the execution of 
the program. 
(3) AVAILABILITY.—The assessment shall be 
made available to Congress and the public upon 
completion. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
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(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out this sec-
tion the following sums: 
(A) For fiscal year 2012, $10,000,000. 
(B) For fiscal year 2013, $15,000,000. 
(C) For fiscal year 2014, $15,000,000. 
(D) For fiscal year 2015, $15,000,000. 
(E) For fiscal year 2016, $15,000,000. 
(2) ASSESSMENT.—From the amounts author-
ized under paragraph (1), there are authorized to be 
appropriated to the Secretary $700,000 to enter into 
a contract under subsection (d)(1). 
(3) AVAILABILITY.—Such sums shall remain 
available until expended. 
SEC. 102. SUPPLY OF ENERGY CRITICAL ELEMENTS. 
The President, acting through the Office of Science 
and Technology Policy, 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; 
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(2) identify energy critical elements and estab-
lish early warning 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 programs involving re-
search and development, in a manner that com-
plements 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 en-
ergy critical elements, taking into account the logis-
tics, economic viability, environmental sustainability, 
and research and development needs for completing 
the recycling process; 
(6) assess the need for and make recommenda-
tions concerning the availability and adequacy of the 
supply of technically trained personnel necessary for 
energy critical elements research, development, ex-
traction, and industrial production, with a particular 
focus on the problem of attracting and maintaining 
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high quality professionals for maintaining an ade-
quate supply of energy critical elements; and 
(7) report to Congress on activities and findings 
under this subsection. 
SEC. 103. RARE EARTH MATERIALS LOAN GUARANTEE PRO-
GRAM. 
(a) AMENDMENT.—Title XVII of the Energy Policy 
Act of 2005 (42 U.S.C. 16511 et seq.) is amended by add-
ing at the end the following new section: 
‘‘SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MA-
TERIALS REVITALIZATION. 
‘‘(a) IN GENERAL.—As part of the program estab-
lished in section 101 of the Energy Critical Elements Re-
newal Act of 2011, the Secretary is authorized to make 
guarantees under this title for the commercial application 
of new or significantly improved technologies (compared 
to technologies currently in use in the United States) for 
the following categories of projects: 
‘‘(1) The separation and recovery of rare earth 
materials from ores or other sources. 
‘‘(2) The preparation of rare earth materials in 
oxide, metal, alloy, or other forms needed for na-
tional security, economic well-being, or industrial 
production purposes. 
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‘‘(3) The application of rare earth materials in 
the production of improved— 
‘‘(A) magnets; 
‘‘(B) batteries; 
‘‘(C) refrigeration systems; 
‘‘(D) optical systems; 
‘‘(E) electronics; and 
‘‘(F) catalysis. 
‘‘(4) The application of rare earth materials in 
other uses, as determined by the Secretary. 
‘‘(b) TIMELINESS.—The Secretary shall seek to mini-
mize delay in approving loan guarantee applications, con-
sistent with appropriate protection of taxpayer interests. 
‘‘(c) COOPERATION.—To the maximum extent prac-
ticable, the Secretary shall cooperate with appropriate pri-
vate sector participants to achieve a complete rare earth 
materials production capability in the United States with-
in 5 years after the date of enactment of the Energy Crit-
ical Elements Renewal Act of 2011. 
‘‘(d) SUNSET.—The authority to enter into guaran-
tees under this section shall expire on September 30, 
2019.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents for the Energy Policy Act of 2005 is amended 
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by inserting after the item relating to section 1705 the 
following new item: 
‘‘Sec. 1706. Temporary program for rare earth materials revitalization.’’. 
TITLE II—NATIONAL MATERIALS 
AND MINERALS POLICY, RE-
SEARCH, AND DEVELOPMENT 
SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND 
MINERALS POLICY, RESEARCH AND DEVEL-
OPMENT ACT OF 1980. 
(a) PROGRAM PLAN.—Section 5 of the National Ma-
terials 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 enact-
ment of the Energy Critical Elements Renewal Act 
of 2011’’; 
(2) in subsection (b), by striking ‘‘Federal Co-
ordinating Council for Science, Engineering, and 
Technology’’ and inserting ‘‘National Science and 
Technology Council,’’; 
(3) in subsection (c)— 
(A) by striking ‘‘the Federal Emergency’’ 
and all that follows through ‘‘Agency, and’’; 
(B) by striking ‘‘appropriate shall’’ and in-
serting ‘‘appropriate, shall’’; 
(C) by striking paragraph (1); 
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(D) in paragraph (2), by striking ‘‘in the 
case’’ and all that follows through ‘‘subsection,’’ 
(E) by redesignating paragraph (2) as 
paragraph (1); 
(F) by redesignating paragraph (3) as 
paragraph (2); and 
(G) by amending paragraph (2), as redes-
ignated, 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 produc-
tion.’’; 
(4) by striking subsections (d) and (e); and 
(5) by redesignating subsection (f) as sub-
section (d). 
(b) POLICY.—Section 3 of such Act (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 ‘‘Implementa-
tion’’. 
(c) IMPLEMENTATION.—Section 4 of such Act (30 
U.S.C. 1603) is amended— 
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(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 imple-
ment the policies set forth in section 3’’. 
SEC. 202. REPEAL. 
Title II of Public Law 98–373 (30 U.S.C. 1801; 98 
Stat. 1248), also known as the National Critical Materials 
Act of 1984, is repealed. 
Æ 
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