IB 
Union Calendar No. 384 
111TH CONGRESS 
2D SESSION 
H. R. 6160 
[Report No. 111–644] 
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 Tech-
nology 
SEPTEMBER 28, 2010 
Additional sponsors: Mr. MCMAHON and Mr. LIPINSKI 
SEPTEMBER 28, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on September 20, 2010] 
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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. 
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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 
‘‘Rare Earths and Critical Materials Revitalization Act of 
2010’’. 
(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—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. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate Congressional com-
mittees’’ means the Committee on Science and Tech-
nology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation 
and the Committee on Energy and Natural Resources 
of the Senate. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
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(3) RARE EARTH MATERIALS.—The term ‘‘rare 
earth materials’’ means any of the following chemical 
elements in any of their physical forms or chemical 
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. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
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TITLE I—RARE EARTH 
MATERIALS 
SEC. 101. RARE EARTH MATERIALS PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.— 
(1) IN GENERAL.—There is established in the De-
partment a program of research, development, dem-
onstration, and commercial application to assure the 
long-term, secure, and sustainable supply of rare 
earth materials sufficient to satisfy the national secu-
rity, 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 rare earth materials using theoretical 
geochemical research; 
(B) explore, discover, and recover rare earth 
materials using advanced science and technology; 
(C) improve methods for the extraction, 
processing, use, recovery, and recycling of rare 
earth materials; 
(D) improve the understanding of the per-
formance, processing, and adaptability in engi-
neering designs of rare earth materials; 
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(E) identify and test alternative materials 
that can be substituted for rare earth materials 
in particular applications; 
(F) engineer and test applications that— 
(i) use recycled rare earth materials; 
(ii) use alternative materials; or 
(iii) seek to minimize rare earth mate-
rials content; and 
(G) collect, catalogue, archive, and dissemi-
nate information on rare earth materials, in-
cluding scientific and technical data generated 
by the research and development activities sup-
ported under this section. 
(3) 
IMPROVED
PROCESSES
AND
TECH-
NOLOGIES.—To the maximum extent practicable, the 
Secretary shall support new or significantly improved 
processes and technologies as compared to those cur-
rently in use in the rare earth materials industry. 
(4) EXPANDING PARTICIPATION.—The Secretary 
shall encourage— 
(A) multidisciplinary collaborations among 
program participants; and 
(B) extensive opportunities for students at 
institutions of higher education, including insti-
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tutions listed under section 371(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1067q(a)). 
(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 shall collabo-
rate, to the extent practicable, with the relevant direc-
torates of the European Commission to coordinate ac-
tivities of mutual interest and avoid duplication of ef-
fort. 
(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 established under subsection (a). 
(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 sub-
sequent 2 years; 
(B) the expected contributions of the pro-
gram to the creation of innovative methods and 
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technologies for the efficient and sustainable pro-
vision of rare earth materials to the domestic 
economy; 
(C) the criteria to be used to evaluate appli-
cations 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 conducted 
under subsection (c) or the Secretary’s rationale 
for not taking action pursuant to any rec-
ommendation from such assessment for plans 
submitted following the completion of the assess-
ment under such subsection. 
(3) CONSULTATION.—In preparing each plan 
under paragraph (1), the Secretary shall consult with 
appropriate representatives of industry, institutions 
of higher education, Department of Energy national 
laboratories, professional and technical societies, and 
other entities, as determined by the Secretary. 
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(c) 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). 
(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 com-
pletion. 
SEC. 102. 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 adding 
at the end the following new section: 
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‘‘SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MATE-
RIALS REVITALIZATION. 
‘‘(a) IN GENERAL.—As part of the program established 
in section 101 of the Rare Earths and Critical Materials 
Revitalization Act of 2010, the Secretary is authorized to 
make guarantees under this title for the commercial appli-
cation of new or significantly improved technologies (com-
pared to technologies currently in use in the United States 
at the time the guarantee is issued) for the following cat-
egories 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 national 
security, economic well-being, or industrial produc-
tion purposes. 
‘‘(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. 
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‘‘(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 Rare Earths 
and Critical Materials Revitalization Act of 2010. 
‘‘(d) DOMESTIC SUPPLY CHAIN.—In support of the ob-
jective in subsection (c) to achieve a rare earth materials 
production capability in the United States that includes the 
complete value chain described in paragraphs (1) through 
(4) of subsection (a), the Secretary may not award a guar-
antee for a project unless the project’s proponent provides 
to the Secretary an assurance that the loan or guarantee 
shall be used to support the separation, recovery, prepara-
tion, or manufacturing of rare earth materials in the 
United States for customers within the United States unless 
insufficient domestic demand for such materials results in 
excess capacity. 
‘‘(e) SUNSET.—The authority to enter into guarantees 
under this section shall expire on September 30, 2015.’’. 
(b) TABLE OF CONTENTS AMENDMENT.—The table of 
contents of the Energy Policy Act of 2005 is amended by 
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inserting after the item relating to section 1705 the fol-
lowing 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 DEVELOP-
MENT ACT OF 1980. 
(a) PROGRAM PLAN.—Section 5 of the National Mate-
rials 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 Rare Earths and Critical Materials Revi-
talization Act of 2010’’; 
(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); and 
(F) by amending paragraph (3) to read as 
follows: 
‘‘(2) assess the adequacy, accessibility, and sta-
bility of the supply of materials necessary to main-
tain national security, economic well-being, and in-
dustrial production.’’; 
(4) by striking subsections (d) and (e); and 
(5) by redesignating subsection (f) as subsection 
(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— 
(1) by striking ‘‘For the purpose’’ and all that 
follows through ‘‘declares that the’’ and inserting 
‘‘The’’; and 
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(2) by striking ‘‘departments and agencies,’’ and 
inserting ‘‘departments and agencies to implement the 
policies set forth in section 3’’. 
SEC. 202. REPEAL. 
Title II of Public Law 98–373 (30 U.S.C. 1801 et seq.; 
98 Stat. 1248), also known as the National Critical Mate-
rials Act of 1984, is repealed. 
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Union Calendar No. 384 
111TH CONGRESS 
2D SESSION 
H. R. 6160 
[Report No. 111–644] 
A BILL 
To develop a rare earth materials program, to 
amend the National Materials and Minerals Pol-
icy, Research and Development Act of 1980, and 
for other purposes. 
SEPTEMBER 28, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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