,i #aacth ,,congress #ast ,session ,h4 ,r4 #ajbb ,,in ,,the ,,house ,,of ,,representatives ,march #f1 #bjac ,mr4 ,swalwell of ,california introduced the following bill2 which was referred to the ,committee on ,science1 ,space1 and ,technology ,a ,,bill ,to develop an energy critical elements program1 to amend the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,securing ,energy ,critical ,elements and ,american ,jobs ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,title ,i--,energy ,critical ,elements ,sec4 #aja4 ,energy critical elements program4 ,sec4 #ajb4 ,policy ,coordination ,committee4 ,sec4 #ajc4 ,rare earth materials loan guarantee program4 ,title ,,ii--,national ,materials and ,minerals ,policy1 ,research1 and ,development ,sec4 #bja4 ,amendments to ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj4 ,sec4 #bjb4 ,repeal4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate ,congressional committees ,the term appropriate ,congressional committees means the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,energy and ,natural ,resources of the ,senate4 7#b7 ,center ,the term ,center means the ,research and ,development ,information ,center established in section #aja7;b74 7#c7 ,department ,the term ,department means the ,department of ,energy4 7#d7 ,energy critical element ,the term energy critical element means any of a class of chemical elements that are critical to one or more new1 energy-related technologies such that a shortage of such element would significantly inhibit large-scale deployment of technologies that produce1 transmit1 store1 or conserve energy4 7#e7 ,program ,the term program means the program of research1 development1 demonstration1 and commercial application to assure the long-term1 secure1 and sustainable supply of energy critical elements sufficient to satisfy the national security1 economic well-being1 and industrial production needs of the ,united ,states established in section #aja7;a74 7#f7 ,rare earth materials ,the term rare earth materials means any of the following chemical elements in any of their physical forms or chemical combinations3 7,a7 ,scandium4 7,b7 ,yttrium4 7,c7 ,lanthanum4 7,d7 ,cerium4 7,e7 ,praseodymium4 7,f7 ,neodymium4 7,g7 ,promethium4 7,h7 ,samarium4 7,i7 ,europium4 7,j7 ,gadolinium4 7,k7 ,terbium4 7,l7 ,dysprosium4 7,m7 ,holmium4 7,n7 ,erbium4 7,o7 ,thulium4 7,p7 ,ytterbium4 7,q7 ,lutetium4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,i ,energy ,critical ,elements #aja4 ,energy critical elements program 7a7 ,establishment of program 7#a7 ,in general ,there is established in the ,department a program of research1 development1 demonstration1 and commercial application to assure the long-term1 secure1 and sustainable supply of energy critical elements sufficient to satisfy the national security1 economic well-being1 and industrial production needs of the ,united ,states4 7#b7 ,program activities ,the program shall support activities to-- 7,a7 better characterize and quantify virgin stocks of energy critical elements using theoretical geochemical research2 7,b7 explore1 discover1 and recover energy critical elements using advanced science and technology2 7,c7 improve methods for the extraction1 processing1 use1 recovery1 and recycling of energy critical elements2 7,d7 improve the understanding of the performance1 processing1 and adaptability in engineering designs of energy critical elements2 7,e7 identify and test alternative materials that can be substituted for energy critical elements in particular applications2 and 7,f7 engineer and test applications that-- 7i7 use recycled energy critical elements2 7ii7 use alternative materials2 or 7iii7 seek to minimize energy critical element content4 7#c7 ,improved processes and technologies ,to the maximum extent practicable1 the ,secretary shall support new or significantly improved processes and technologies as compared to those currently in use in the energy critical elements industry4 7#d7 ,expanding participation ,in carrying out the program1 the ,secretary shall encourage multidisciplinary collaborations of participants1 extensive opportunities for students at institutions of higher education1 or both4 7#e7 ,consistency ,the program shall be consistent with the policies and programs in the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afja et seq474 7#f7 ,international collaboration ,in carrying out the program1 the ,secretary shall collaborate1 to the extent practicable1 on activities of mutual interest with the relevant agencies of foreign countries with interests relating to energy critical elements4 7b7 ,research and ,development ,information ,center 7#a7 ,in general ,to collect1 catalogue1 disseminate1 and archive information on energy critical elements1 the ,secretary shall establish1 through a competitive process1 a ,research and ,development ,information ,center4 7#b7 ,center activities 7,a7 ,in general ,the ,center shall-- 7i7 serve as the repository for scientific and technical data generated by the research and development activities funded under this section2 7ii7 assist scientists and engineers in making the fullest possible use of the ,center's data holdings2 7iii7 seek and incorporate other information on energy critical elements to enhance the ,center's utility for program participants and other users2 7iv7 provide advice to the ,secretary concerning the program2 and 7v7 host conferences1 at least annually1 for participants in the program and other interested parties to promote information sharing and encourage new collaborative activities4 7,b7 ,restriction ,not more than #b4e percent of the amounts made available pursuant to this section may be used for hosting conferences under subparagraph 7,a77v74 7c7 ,plan 7#a7 ,in general ,within #ahj days after the date of enactment of this ,act and biennially thereafter1 the ,secretary shall prepare and submit to the appropriate ,congressional committees a plan to carry out the program and the ,center4 7#b7 ,specific requirements ,the plan shall include a description of-- 7,a7 the research and development activities to be carried out by the program during the subsequent #b years2 7,b7 the expected contributions of the program and the ,center to the creation of innovative methods and technologies for the efficient and sustainable provision of energy critical elements to the domestic economy2 7,c7 the technical criteria to be used to evaluate applications for loan guarantees under section #agjf of the ,energy ,policy ,act of #bjje 7as added by section #ajc72 7,d7 any projects receiving loan guarantee support under such section #agjf and the status of such projects2 7,e7 how the program is promoting the broadest possible participation by academic1 industrial1 and other contributors2 and 7,f7 actions taken or proposed that reflect recommendations from the assessment conducted under subsection 7d7 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 subsection4 7#c7 ,consultation ,in preparing each plan under paragraph 7#a71 the ,secretary shall consult with appropriate representatives of industry1 institutions of higher education1 ,department of ,energy national laboratories1 professional and technical societies1 and other entities1 as determined by the ,secretary4 7d7 ,assessment 7#a7 ,in general ,after the program has been in operation for #d years1 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 program1 including the operations and activities of the ,center4 7#b7 ,inclusions ,the assessment shall include the recommendation of the ,national ,academy of ,sciences that the program should be-- 7,a7 continued1 accompanied by a description of any improvements needed in the program2 or 7,b7 terminated1 accompanied by a description of the lessons learned from the execution of the program4 7#c7 ,availability ,the assessment shall be made available to ,congress and the public upon completion4 7e7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this section the following sums3 7,a7 ,for fiscal year #bjad1 #ae1jjj1jjj4 7,b7 ,for fiscal year #bjae1 #ae1jjj1jjj4 7,c7 ,for fiscal year #bjaf1 #ae1jjj1jjj4 7,d7 ,for fiscal year #bjag1 #ae1jjj1jjj4 7,e7 ,for fiscal year #bjah1 #ae1jjj1jjj4 7#b7 ,assessment ,from the amounts authorized under paragraph 7#a71 there are authorized to be appropriated to the ,secretary #gjj1jjj to enter into a contract under subsection 7d77#a74 7#c7 ,availability ,such sums shall remain available until expended4 #ajb4 ,supply of energy critical elements ,the ,president1 acting through the ,office of ,science and ,technology ,policy1 shall-- 7#a7 coordinate the actions of applicable ,federal agencies to promote an adequate and stable supply of energy critical elements necessary to maintain national security1 economic well-being1 and industrial production with appropriate attention to a long-term balance between resource production1 energy use1 a healthy environment1 natural resources conservation1 and social needs2 7#b7 identify energy critical elements and establish early warning systems for supply problems of energy critical elements2 7#c7 establish a mechanism for the coordination and evaluation of ,federal programs with energy critical element needs1 including ,federal programs involving research and development1 in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations2 7#d7 promote and encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain2 7#e7 promote and encourage the recycling of energy critical elements1 taking into account the logistics1 economic viability1 environmental sustainability1 and research and development needs for completing the recycling process2 7#f7 assess the need for and make recommendations concerning the availability and adequacy of the supply of technically trained personnel necessary for energy critical elements research1 development1 extraction1 and industrial production1 with a particular focus on the problem of attracting and maintaining high quality professionals for maintaining an adequate supply of energy critical elements2 and 7#g7 report to ,congress on activities and findings under this section4 #ajc4 ,rare earth materials loan guarantee program 7a7 ,amendment ,title ,,xvii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa et seq47 is amended by adding at the end the following new section3 #agjf4 ,temporary program for rare earth materials revitalization 7a7 ,in general ,as part of the program established in section #aja of the ,securing ,energy ,critical ,elements and ,american ,jobs ,act of #bjac1 the ,secretary is authorized to make guarantees under this title for the commercial application of new or significantly improved technologies 7compared to technologies currently in use in the ,united ,states7 for the following categories of projects3 7#a7 ,the separation and recovery of rare earth materials from ores or other sources4 7#b7 ,the preparation of rare earth materials in oxide1 metal1 alloy1 or other forms needed for national security1 economic well-being1 or industrial production purposes4 7#c7 ,the application of rare earth materials in the production of improved-- 7,a7 magnets2 7,b7 batteries2 7,c7 refrigeration systems2 7,d7 optical systems2 7,e7 electronics2 and 7,f7 catalysis4 7#d7 ,the application of rare earth materials in other uses1 as determined by the ,secretary4 7b7 ,timeliness ,the ,secretary shall seek to minimize delay in approving loan guarantee applications1 consistent with appropriate protection of taxpayer interests4 7c7 ,cooperation ,to the maximum extent practicable1 the ,secretary shall cooperate with appropriate private sector participants to achieve a complete rare earth materials production capability in the ,united ,states within #e years after the date of enactment of the ,securing ,energy ,critical ,elements and ,american ,jobs ,act of #bjac4 7d7 ,sunset ,the authority to enter into guarantees under this section shall expire on ,september #cj1 #bjba4 4 7b7 ,table of contents amendment ,the table of contents for the ,energy ,policy ,act of #bjje is amended by inserting after the item relating to section #agje the following new item3 ,sec4 #agjf4 ,temporary program for rare earth materials revitalization4 4 ,,ii ,national ,materials and ,minerals ,policy1 ,research1 and ,development #bja4 ,amendments to ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7a7 ,program ,plan ,section #e of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7 is amended-- 7#a7 by striking date of enactment of this ,act each place it appears and inserting date of enactment of the ,securing ,energy ,critical ,elements and ,american ,jobs ,act of #bjac2 7#b7 in subsection 7b71 by striking ,federal ,coordinating ,council for ,science1 ,engineering1 and ,technology and inserting ,national ,science and ,technology ,council12 7#c7 in subsection 7c7-- 7,a7 by striking the ,federal ,emergency and all that follows through ,agency1 and2 7,b7 by striking appropriate shall and inserting appropriate1 shall2 7,c7 by striking paragraph 7#a72 7,d7 in paragraph 7#b71 by striking in the case and all that follows through subsection12 7,e7 by redesignating paragraph 7#b7 as paragraph 7#a72 7,f7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7,g7 by amending paragraph 7#b71 as redesignated1 to read as follows3 7#b7 assess the adequacy and stability of the supply of materials necessary to maintain national security1 economic well-being1 and industrial production4 2 7#d7 by striking subsections 7d7 and 7e72 and 7#e7 by redesignating subsection 7f7 as subsection 7d74 7b7 ,policy ,section #c of such ,act 7#cj ,u4,s4,c4 #afjb7 is amended-- 7#a7 by striking ,the ,congress declares that it and inserting ,it2 and 7#b7 by striking ,the ,congress further declares that implementation and inserting ,implementation4 7c7 ,implementation ,section #d of such ,act 7#cj ,u4,s4,c4 #afjc7 is amended-- 7#a7 by striking ,for the purpose and all that follows through declares that the and inserting ,the2 and 7#b7 by striking departments and agencies1 and inserting departments and agencies to implement the policies set forth in section #c4 #bjb4 ,repeal ,title ,,ii of ,public ,law #ih-cgc 7#cj ,u4,s4,c4 #ahja2 #ih ,stat4 #abdh71 also known as the ,national ,critical ,materials ,act of #aihd1 is repealed4