I 
111TH CONGRESS 
2D SESSION 
H. R. 6160 
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 
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. 
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: 
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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) 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) 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. 
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(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. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
TITLE I—RARE EARTH 
MATERIALS 
SEC. 101. RARE EARTH MATERIALS 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 
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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; and 
(F) engineer and test applications that— 
(i) use recycled rare earth materials; 
(ii) use alternative materials; or 
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(iii) seek to minimize rare earth mate-
rials 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 rare earth materials in-
dustry. 
(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 shall collabo-
rate, to the extent practicable, with the relevant di-
rectorates of the European Commission to coordi-
nate activities of mutual interest and avoid duplica-
tion of effort. 
(b) RESEARCH AND DEVELOPMENT INFORMATION 
CENTER.— 
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(1) IN
GENERAL.—To collect, catalogue, dis-
seminate, and archive information on rare earth ma-
terials, the Secretary shall establish, through a com-
petitive process, a Research and Development Infor-
mation 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 rare earth materials to enhance 
the Center’s utility for program partici-
pants and other users; 
(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 rare earth materials 
program and other interested parties to 
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promote information sharing and encour-
age 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; 
(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 rare earth mate-
rials to the domestic economy; 
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(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-
tional laboratories, professional and technical soci-
eties, and other entities, as determined by the Sec-
retary. 
(d) ASSESSMENT.— 
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(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.— 
(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 2011, $10,000,000. 
(B) For fiscal year 2012, $15,000,000. 
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(C) For fiscal year 2013, $15,000,000. 
(D) For fiscal year 2014, $15,000,000. 
(E) For fiscal year 2015, $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. 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 to make guarantees under this title for the commer-
cial application of new or significantly improved tech-
nologies (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. 
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‘‘(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. 
‘‘(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 Rare Earths 
and Critical Materials Revitalization Act of 2010. 
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