IIB 
111TH CONGRESS 
2D SESSION 
H. R. 6160 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2010 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 
Committee on Commerce, Science, and Transpor-
tation and the Committee on Energy and Natural 
Resources of the Senate. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) RARE EARTH MATERIALS.—The term ‘‘rare 
earth materials’’ means any of the following chem-
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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. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
TITLE I—RARE EARTH 
MATERIALS 
SEC. 101. RARE EARTH MATERIALS PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.— 
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(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 rare 
earth materials sufficient to satisfy the national se-
curity, economic well-being, and industrial produc-
tion 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; 
(E) identify and test alternative materials 
that can be substituted for rare earth materials 
in particular applications; 
(F) engineer and test applications that— 
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(i) use recycled rare earth materials; 
(ii) use alternative materials; or 
(iii) seek to minimize rare earth mate-
rials content; 
(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, and assist scientists 
and engineers in making the fullest possible use 
of the data holdings; and 
(H) facilitate information sharing and col-
laboration among program participants and 
stakeholders. 
(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 rare earth materials in-
dustry. 
(4) EXPANDING
PARTICIPATION.—The Sec-
retary shall encourage— 
(A) multidisciplinary collaborations among 
program participants; and 
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(B) extensive opportunities for students at 
institutions of higher education, including insti-
tutions listed under section 371(a) of the High-
er 
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 may collabo-
rate, to the extent practicable, on activities of mu-
tual interest with the relevant agencies of foreign 
countries with interests relating to rare earth mate-
rials. 
(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— 
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(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 rare earth materials to the domes-
tic economy; 
(C) the criteria to be used to evaluate ap-
plications 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 (c) 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. 
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(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-
tional laboratories, professional and technical soci-
eties, and other entities, as determined by the Sec-
retary. 
(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. 
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(3) AVAILABILITY.—The assessment shall be 
made available to Congress and the public upon 
completion. 
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 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 Rare Earths and Critical Ma-
terials Revitalization Act of 2010, the Secretary is author-
ized, only to the extent provided in advance in a subse-
quent appropriations act, 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 at the time the guarantee is 
issued) 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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ponent provides to the Secretary an assurance that the 
loan or guarantee shall be used to support the separation, 
recovery, preparation, or manufacturing of rare earth ma-
terials 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 guaran-
tees 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 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-
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ment of the Rare Earths and Critical Materials Re-
vitalization 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); 
(D) in paragraph (2), by striking ‘‘in the 
case’’ and all that follows through ‘‘sub-
section,’’; 
(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 
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(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— 
(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’’. 
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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 
Materials Act of 1984, is repealed. 
Passed the House of Representatives September 29, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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