H.R. 6160House111th Congress (2009-2011)Passed House

Rare Earths and Critical Materials Revitalization Act of 2010

Introduced September 22, 2010

Legislative Activity

Stay on top of the latest movement without scrolling through every action

12 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

September 29, 2010

View full timeline
HouseIntro Referral

Introduced in House

September 22, 2010

HouseIntro Referral

Referred to the House Committee on Science and Technology.

September 22, 2010

HouseCommittee

Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-644.

September 28, 2010

HouseCalendars

Placed on the Union Calendar, Calendar No. 384.

September 28, 2010

HouseFloor

Mr. Gordon (TN) moved to suspend the rules and pass the bill, as amended.

September 28, 2010 • 4:44 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H7060-7063)

September 28, 2010 • 4:44 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 6160.

September 28, 2010 • 4:44 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

September 28, 2010 • 4:58 PM

HouseFloor

Considered as unfinished business. (consideration: CR H7273)

September 29, 2010 • 5:58 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 325 - 98 (Roll no. 555).(text: CR 9/28/2010 H7060-7061)

September 29, 2010 • 6:07 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 325 - 98 (Roll no. 555). (text: CR 9/28/2010 H7060-7061)

September 29, 2010 • 6:07 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 29, 2010 • 6:07 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

September 29, 2010

Floor Debate

24 members

What members said about H.R. 6160 on the floor

10 Republicans14 Democrats
Kevin Brady
Rep. Kevin BradyR-TX-8 · Sep 29, 2010

Mr. Speaker, I yield myself such time as I may consume. I appreciate the effort, Mr. Speaker, by Chairman Levin to address the concerns of Ranking Member Camp and other Republican Members that were…

Sander M. Levin
Rep. Sander M. LevinD-MI-12 · Sep 29, 2010

Mr. Speaker, pursuant to House Resolution 1674, I call up the bill (H.R. 2378) to amend title VII of the Tariff Act of 1930 to clarify that fundamental exchange-rate misalignment by any foreign…

Donald A. Manzullo
Rep. Donald A. ManzulloR-IL-16 · Sep 29, 2010

Mr. Speaker, this day has been long in coming. In 2003, I was one of the first Members of Congress to introduce legislation on this topic to stop this anti-free market practice of foreign governments…

Dave Camp
Rep. Dave CampR-MI-4 · Sep 29, 2010

I yield myself such time as I may consume. Mr. Speaker, let me start by saying it is truly disappointing that this is the only trade bill in the past 2 years that has been marked up by the Ways and…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Sep 29, 2010

I thank our distinguished chairman of the Ways and Means Committee for the recognition and for his yielding time. I thank him for his leadership in bringing this legislation to the floor. I thank Mr.…

Show 8 more
Kathleen A. Dahlkemper
Rep. Kathleen A. DahlkemperD-PA-3 · Sep 28, 2010

Madam Speaker, I want to thank the leadership of the House and, particularly, Chairman Gordon and Ranking Member Hall for allowing this bill to come forward. I think it is a very important piece of…

Peter J. Visclosky
Rep. Peter J. ViscloskyD-IN-1 · Sep 29, 2010

I thank the gentleman for yielding, and I want to thank Chairman Levin and Mr. Camp for bringing this bill to the floor. I want to thank Mr. Ryan and Mr. Murphy for their very, very good work on this…

Brian P. Bilbray
Rep. Brian P. BilbrayR-CA-50 · Sep 28, 2010

Madam Speaker, I appreciate this bill on two points. I appreciate the fact that the chairman of the Science and Technology Committee has been willing to bring forth this bill, which is very critical…

Tim Murphy
Rep. Tim MurphyR-PA-18 · Sep 29, 2010

I thank the gentleman for yielding. And I thank my colleague Tim Ryan, who is the Democrat lead in this, and I am the Republican lead on this. We know this is an important bill. You know, the perfect…

Ralph M. Hall
Rep. Ralph M. HallR-TX-4 · Sep 28, 2010

I yield myself such time as I may consume. The legislation before us today, H.R. 6160, the Rare Earths and Critical Materials Revitalization Act of 2010, deals with a very important matter of…

Bart Gordon
Rep. Bart GordonD-TN-6 · Sep 28, 2010

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6160) to develop a rare earth materials program, to amend the National Materials and Minerals Policy, Research and Development Act of…

Charles W. Boustany, Jr.
Rep. Charles W. Boustany, Jr.R-LA-7 · Sep 29, 2010

Mr. Speaker, let me just be clear to start. China's currency policy is wrong, and it is harmful for the U.S. and for China. But it is one of many problems, a whole host of problems that we have heard…

Dennis J. Kucinich
Rep. Dennis J. KucinichD-OH-10 · Sep 29, 2010

Mr. Speaker, I rise in strong support of H.R. 2378, the Currency Reform for Fair Trade Act. This legislation addresses the suppression of the renminbi--or RMB--the official currency of the People's…

Show 11 more
Tim Ryan
Rep. Tim RyanD-OH-17 · Sep 29, 2010

Let me thank the chairman for his good work. Let me thank Speaker Pelosi for her giving us this opportunity to bring this bill to the floor, and Leader Hoyer, who was very instrumental in our Make It…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Sep 29, 2010

I thank the gentleman for yielding. Mr. Speaker, as I look at the available evidence, I believe that the preponderance of the evidence does show that China is manipulating its currency. So I don't…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Sep 29, 2010

Mr. Speaker, international trade is an integral part of the Southeast Michigan economy, with nearly $113.3 billion worth of surface trade passing between the United States and Canada at the…

John M. Spratt, Jr.
Rep. John M. Spratt, Jr.D-SC-5 · Sep 29, 2010

Mr. Speaker, today, I rise to support a bipartisan bill that will help rebuild our manufacturing sector and continue our economic recovery. I am proud to be a cosponsor of the ``Currency Reform for…

Chris Van Hollen
Rep. Chris Van HollenD-MD-8 · Sep 29, 2010

Mr. Speaker, I rise in strong support of H.R. 2378, the Currency Reform Fair Trade Act. First, I want to thank Chairman Levin and his staff for crafting this responsible and much needed WTO compliant…

Gene Green
Rep. Gene GreenD-TX-29 · Sep 29, 2010

Mr. Speaker, I rise in support of the Currency Reform for Fair Trade Act that is before the House today. I am an original cosponsor of this legislation and strongly urge my colleagues to support it.…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Sep 29, 2010

Mr. Speaker, I rise today in support of H.R. 2378 the Currency Reform for Fair Trade Act. American manufacturing has a long and proud history, but for years has lost hundreds of thousands of good…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-8 · Sep 29, 2010

Mr. Speaker, I want to thank Chairman Levin for bringing this bill to the floor today, as well as the sponsors of this legislation, Mr. Ryan and Mr. Johnson for working in a bipartisan way on behalf…

Dana Rohrabacher
Rep. Dana RohrabacherR-CA-46 · Sep 29, 2010

I rise in support of the resolution. I think that the Chinese clique that dominates that country has not only mistreated its own people, because they are the worst kind of tyrants one can imagine,…

Michael R. Turner
Rep. Michael R. TurnerR-OH-3 · Sep 29, 2010

Mr. Speaker, today I speak in favor of H.R. 2378, the Currency Reform for Fair Trade Act, which seeks to level the playing field for American companies, some of whom have found themselves unable to…

Rush Holt
Rep. Rush HoltD-NJ-12 · Sep 29, 2010

Mr. Speaker, I rise in support of H.R. 2378, the Currency Reform for Fair Trade Act. For every worker, every business, and every nation to get a fair shake in today's global economy, everyone must…

Bill Text

4 versions available

Reading Mode
Latest
Engrossed in HouseIssued September 29, 2010

111th CONGRESS

2d Session

H. R. 6160

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.

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.

2.

Definitions

In this Act:

(1)

Appropriate Congressional committees

The term appropriate Congressional committees means the Committee on Science and Technology of the House of Representatives and the Committee 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.

(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.

I

Rare Earth Materials

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 the long-term, secure, and sustainable supply of rare earth materials sufficient to satisfy the national 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 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 performance, processing, and adaptability in engineering 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—

(i)

use recycled rare earth materials;

(ii)

use alternative materials; or

(iii)

seek to minimize rare earth materials content;

(G)

collect, catalogue, archive, and disseminate information on rare earth materials, including scientific and technical data generated by the research and development activities supported under this section, and assist scientists and engineers in making the fullest possible use of the data holdings; and

(H)

facilitate information sharing and collaboration among program participants and stakeholders.

(3)

Improved processes and technologies

To the maximum extent practicable, the Secretary shall support new or significantly improved processes and technologies as compared to those currently 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 institutions listed under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(5)

Consistency

The program shall be consistent with the policies and programs in the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.).

(6)

International collaboration

In carrying out the program, the Secretary may collaborate, to the extent practicable, on activities of mutual interest with the relevant agencies of foreign countries with interests relating to rare earth materials.

(b)

Plan

(1)

In general

Within 180 days after the date of enactment of this Act and biennially thereafter, 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 subsequent 2 years;

(B)

the expected contributions of the program to the creation of innovative methods and technologies for the efficient and sustainable provision of rare earth materials to the domestic economy;

(C)

the 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, industrial, 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 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, institutions of higher education, Department of Energy national laboratories, professional and technical societies, and other entities, as determined by the Secretary.

(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 subsection (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 description of any improvements needed in the program; or

(B)

terminated, accompanied by a description 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.

102.

Rare earth materials loan guarantee program

(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:

1706.

Temporary program for rare earth materials 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, only to the extent provided in advance in a subsequent 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 national 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 minimize delay in approving loan guarantee applications, consistent with appropriate protection of taxpayer interests.

(c)

Cooperation

To the maximum extent practicable, the Secretary shall cooperate with appropriate private sector participants to achieve a complete rare earth materials production capability in the United States within 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 objective 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 guarantee 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, preparation, 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 inserting after the item relating to section 1705 the following new item:

Sec. 1706. Temporary program for rare earth materials revitalization.

.

II

National Materials and Minerals Policy, Research, and Development

201.

Amendments to National Materials and Minerals Policy, Research and Development Act of 1980

(a)

Program Plan

Section 5 of the National Materials 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 enactment of the Rare Earths and Critical Materials Revitalization Act of 2010;

(2)

in subsection (b), by striking Federal Coordinating 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 inserting appropriate, shall;

(C)

by striking paragraph (1);

(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 stability of the supply of materials necessary to maintain national security, economic well-being, and industrial 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 Implementation.

(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 implement the policies set forth in section 3.

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.

Clerk.