text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Rare Earths Supply Technology and 
  Resources Transformation Act of 2010'' or the ``RESTART Act''.
  
  SEC. 2. FINDINGS.
  
      Congress makes the following findings:
              (1) Significant quantities of rare earths are used in the 
          production of clean energy technologies, including advanced 
          automotive propulsion batteries, electric motors, high-
          efficiency light bulbs, solar panels, and wind turbines. These 
          technologies are used to advance the United States energy 
          policy of reducing dependence on foreign oil and decreasing 
          greenhouse gas emissions through expansion of cleaner sources 
          of energy.
              (2) Many modern defense technologies such as radar and 
          sonar systems, precision-guided weapons, cruise missiles, and 
          lasers cannot be built, as designed and specified, without the 
          use of rare earths and materials produced from them.
              (3) Rare earths also provide core functionality to a 
          variety of high technology applications in computing, pollution 
          abatement, power generation, water treatment, oil refining, 
          metal alloying, communications, health care, agriculture, and 
          other sectors.
              (4) Though at least 15 percent of the world's rare earth 
          reserves are located within the United States, the country now 
          depends upon imports for nearly 100 percent of its rare earth 
          needs because there are virtually no active rare earth 
          producers in the United States. More than 97 percent of all 
          rare earths for world consumption are produced in China.
              (5) The ability--and willingness--of China to export rare 
          earths is eroding due to its growing domestic demand, its 
          enforcement of environmental law on current producers, and its 
          mandate to consolidate the industry by decreasing its number of 
          mining permits. The Chinese Ministry of Industry and 
          Information Technology draft rare earths plan for 2009 to 2015 
          proposes an immediate ban on the export of dysprosium, terbium, 
          thulium, lutetium, and yttrium, the so-called ``heavy'' rare 
          earths, and a restriction on the exports of all other, light, 
          rare earth metals to a level well below that sufficient to 
          satisfy the demand of Japan in 2008 alone for such metals.
              (6) Furthermore, the United States has limited rare earth 
          production, remains entirely dependent on overseas refineries 
          for further elemental and alloy processing, and does not 
          currently maintain a ``strategic reserve'' of rare earth 
          compounds, metals, or alloys.
              (7) Rare earths should qualify as materials either 
          strategic or critical to national security. The United States 
          Government should facilitate the domestic reintroduction of a 
          globally competitive rare earth industry that is self-
          sufficient in the United States domestic market with multiple 
          sources of mining, processing, alloying, and manufacturing.
              (8) This self-sufficiency requires an uninterrupted supply 
          of strategic materials critical to national security and 
          innovative commercial product development, including rare 
          earths, to support the clean energy and defense supply chains.
              (9) The United States currently cannot reclaim valuable 
          rare earths and permanent magnets from scrapped military or 
          consumer products, industrial materials or equipment, which 
          allows entities in other countries to identify and recover such 
          materials for resale to United States manufacturers at 
          considerable cost.
              (10) There is an urgent need to identify the current global 
          market situation regarding rare earths, the strategic value 
          placed on them by foreign nations including China, and the 
          supply-chain vulnerabilities related to rare earths and 
          products containing rare earths.
  
  SEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT.
  
      (a) Policy.--It is the policy of the United States that each 
  Federal agency shall take appropriate actions, to the extent consistent 
  with applicable law, to expedite permitting and projects that will 
  increase exploration for, and development of, domestic rare earths.
      (b) Rare Earth Policy Task Force.--
              (1) Establishment.--There is established within the 
          Department of the Interior a task force to be known as the 
          ``Rare Earth Policy Task Force'' (referred to in this section 
          as the ``Task Force''), which shall report to the President 
          through the Secretary of the Interior.
              (2) Composition.--The Task Force shall be composed of the 
          following:
                      (A) The Secretary of the Interior (or a designee), 
                  who shall serve as chair of the Task Force.
                      (B) The Secretary of Energy (or a designee).
                      (C) The Secretary of Agriculture (or a designee).
                      (D) The Secretary of Defense (or a designee).
                      (E) The Secretary of Commerce (or a designee).
                      (F) The Secretary of State (or a designee).
                      (G) The Director of the Office of Management and 
                  Budget (or a designee).
                      (H) The Chairman of the Council on Environmental 
                  Quality (or a designee).
                      (I) Such other members as the Secretary of the 
                  Interior considers appropriate.
      (c) Duties.--The Task Force shall--
              (1) monitor and assist Federal agencies in expediting the 
          review and approval of permits or other actions, as necessary, 
          to accelerate the completion of projects that will increase 
          investment in, exploration for, and development of domestic 
          rare earths pursuant to the Federal Land Policy and Management 
          Act of 1976 (43 U.S.C. 1701 et seq.), the Act of June 4, 1897 
          (commonly known as the ``Organic Act of 1897'' (16 U.S.C. 473-
          482, 551), the National Forest Management Act of 1976 (16 
          U.S.C. 1600 et seq.), and any other applicable statutory 
          authorities related to domestic mining operations;
              (2) assist Federal agencies in reviewing laws (including 
          regulations) and policies that discourage investment in, 
          exploration for, and development of domestic rare earths 
          pursuant to Federal Land Policy and Management Act of 1976, the 
          Act of June 4, 1897, the National Forest Management Act of 
          1976, and any other applicable statutory authorities related to 
          domestic mining operations; and
              (3) take such other actions to otherwise increase 
          investment in, exploration for, and development of domestic 
          rare earths as the Task Force considers appropriate.
      (d) Annual Reports.--At least once each year, the Task Force shall 
  submit to the President, the Committee on Natural Resources of the 
  Senate, the Committee on Energy and Commerce of the House of 
  Representatives, and the Committee on Natural Resources of the House of 
  Representatives a report setting forth the following:
              (1) A description of the results of the coordinated and 
          expedited review of permits or other actions to promote 
          investment in, exploration for, and development of domestic 
          rare earths, and an identification of the procedures and 
          actions that have proven to be the most useful and appropriate 
          in coordinating and expediting the review of projects that will 
          increase investment in, exploration for, and development of 
          domestic rare earths.
              (2) An identification of the substantive and procedural 
          requirements of Federal, State, tribal, and local laws 
          (including regulations) and Executive orders that are 
          inconsistent with, duplicative of, or structured so as to 
          restrict effective implementation of the projects described in 
          paragraph (1).
              (3) Such recommendations as the Task Force considers 
          appropriate to advance the policy set forth in subsection (a).
      (e) Judicial Review.--
              (1) In general.--Nothing in this section shall be construed 
          to affect any judicial review of an agency action under any 
          other provision of law.
              (2) Construction.--This section--
                      (A) is intended to improve the internal management 
                  of the Federal Government; and
                      (B) does not create any right or benefit, 
                  substantive or procedural, enforceable at law or equity 
                  by a party against the United States (including an 
                  agency, instrumentality, officer, or employee of the 
                  United States) or any other person.
  
  SEC. 4. ASSESSMENT OF RARE EARTH SUPPLY CHAIN VULNERABILITY.
  
      (a) Assessment.--Not later than 180 days after the date of the 
  enactment of this Act, the Secretary of the Interior and the Secretary 
  of Energy shall jointly, in consultation with the Secretary of Defense, 
  the Secretary of Commerce, the Secretary of State, and the United 
  States Trade Representative--
              (1) undertake an assessment of the domestic rare earth 
          supply chain;
              (2) determine pursuant to such assessment which rare earth 
          elements are critical to clean energy technologies and the 
          national and economic security of the United States; and
              (3) submit to Congress a report setting forth the results 
          of such assessment and determination.
      (b) Establishment of Stockpile.--Not later than one year after the 
  date of the enactment of this Act, the Secretary of the Interior and 
  the Secretary of Energy shall jointly, in consultation with the 
  Secretary of Defense, the Secretary of Commerce, the Secretary of 
  State, and the United States Trade Representative, submit to Congress a 
  report setting forth the following:
              (1) An assessment whether or not the rare earth materials 
          determined to be critical to clean energy technologies and the 
          national and economic security of the United States pursuant to 
          subsection (a)(2) should be procured and placed in a stockpile.
              (2) An assessment whether or not adequate legal authorities 
          exist to procure and place in a stockpile the rare earth 
          materials so determined to be critical to clean energy 
          technologies and the national and economic security of the 
          United States.
              (3) Recommendations on the criteria to be utilized in 
          determining the commencement and termination of the stockpiling 
          of such rare earth materials.
      (c) Stockpile Defined.--In this section, the term ``stockpile'' 
  means a strategic reserve of rare earth oxides, and storable forms of 
  rare earths and alloys for purposes of clean energy technology and the 
  national and economic security of the United States.
  
  SEC. 5. LOAN GUARANTEES FOR THE DOMESTIC RARE EARTH SUPPLY CHAIN.
  
      (a) Report to Industry.--Not later than 90 days after the date of 
  the enactment of the Act, the Secretary of Energy shall issue a report 
  to industry describing available mechanisms for obtaining government 
  loan guarantees for purposes of reestablishing a domestic rare earth 
  supply chain.
      (b) Department of Energy Support.--Not later than 90 days after the 
  date of the enactment of the Act, the Secretary of Energy shall issue 
  guidance for the rare earth industry on obtaining loan guarantees under 
  title XVII of the Energy Policy Act of 2005 (Public Law 109-58; 22 
  U.S.C. 16511 et seq.) and the American Recovery and Reinvestment Act of 
  2009 (Public Law 111-16) for purposes of supporting the reestablishment 
  of mining, separation, purification, metal processing, refining, 
  alloying, and manufacturing operations in the United States relating to 
  rare earths that will support the domestic clean energy technology and 
  defense supply chains.
  
  SEC. 6. DEFENSE-RELATED PRODUCTION OF RARE EARTHS.
  
      (a) Sense of Congress.--It is the sense of Congress that--
              (1) the United States faces a shortage of key rare earth 
          materials that form the backbone of both the defense and energy 
          supply chains; and
              (2) the urgent need to reestablish a domestic rare earth 
          supply chain warrants a prioritization of projects under the 
          Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) to 
          support the reestablishment of such a supply chain.
      (b) Report.--Not later than 180 days after the date of the 
  enactment of this Act, the Secretary of Defense shall submit to 
  Congress a report describing past, current, and future projects under 
  the Defense Production Act of 1950 to support the domestic rare earth 
  supply chain. If no such project is in process or planned as of the 
  date of the report, the report shall include a justification for the 
  lack of projects to support a domestic rare earth supply chain, 
  particularly projects to establish or support domestic manufacturing 
  capability in critical segments of the rare earth market.
  
  SEC. 7. SUPPORT FOR DOMESTIC RARE EARTH SUPPLY CHAIN.
  
      It is the sense of Congress that, in order to reestablish the 
  security of rare earth supplies within the United States, and 
  associated technologies--
              (1) there is a pressing need to support innovation, 
          training, and workforce development in the domestic rare earth 
          supply chain;
              (2) the Department of Energy, the Department of the 
          Interior, the Department of Commerce, and the Department of 
          Defense should each, utilizing funds available to such 
          department for basic research and development, provide funds to 
          academic institutions, Government laboratories, corporate 
          research and development, not-for-profit research and 
          development, and industry associations in support of 
          innovation, training, and workforce development in the domestic 
          rare earth supply chain; and
              (3) in providing funds under paragraph (2), the Department 
          of Energy, the Department of the Interior, the Department of 
          Commerce, and the Department of Defense should give priority to 
          academic institutions, Government laboratories, corporations, 
          not-for-profit entities, and industry associations that will 
          utilize domestically produced rare earths and associated 
          materials.
  
  SEC. 8. RESTRICTIONS.
  
      (a) Limitation on Divestment of Facilities Created.--No recipient 
  of appropriated funds for the purposes of supporting the 
  reestablishment of a domestic rare earth supply chain, may divest any 
  resources or assets funded, whether in whole or in part, by such 
  appropriated funds to any foreign-owned or controlled entity without 
  the concurrence of the Secretary of Energy, the Secretary of Defense, 
  and the Secretary of Commerce.
      (b) Enhancing National Security.--Any recipient of appropriated 
  funds obtained in connection with the reestablishment of a domestic 
  rare earth supply chain shall be subject to the provisions of section 
  2538 of title 10, United States Code, in the utilization of such funds, 
  including with respect to any rare earth-related material sold by such 
  recipient in the commercial marketplace.
  
  SEC. 9. DEFINITIONS.
  
      In this Act:
              (1) Alloy.--The terms ``alloy'' means a partial or complete 
          solid solution of one or more elements in a metallic matrix.
              (2) Alloying.--The term ``alloying'' means the melting of 
          metal to create a metallic matrix.
              (3) Clean energy technology.--The term ``clean energy 
          technology'' means a technology related to the production, use, 
          transmission, storage, control, or conservation of energy that 
          will--
                      (A) reduce the need for additional energy supplies 
                  by using existing energy supplies with greater 
                  efficiency or by transmitting, distributing, or 
                  transporting energy with greater effectiveness through 
                  the infrastructure of the United States;
                      (B) diversify the sources of energy supply of the 
                  United States to strengthen energy security and to 
                  increase supplies with a favorable balance of 
                  environmental effects if the entire technology system 
                  is considered; or
                      (C) contribute to a stabilization of atmospheric 
                  greenhouse gas concentrations through reduction, 
                  avoidance, or sequestration of energy-related 
                  emissions.
              (4) Process.--The term ``process'', in the case of a rare 
          earth oxide, means the conversion of the oxide into usable rare 
          earth metals and specialty alloys and powders for domestic 
          magnet and other manufacturing.
              (5) Rare earth.--The term ``rare earth''--
                      (A) means the chemical elements in the periodic 
                  table from lanthanum (atomic number 57) up to and 
                  including lutetium (atomic number 71); and
                      (B) includes the chemical elements yttrium and 
                  scandium.
              (6) Refine.--The term ``refine'', in the case of a rare 
          earth extracted from rock, means the separation and 
          purification of the rare earth to commercial grades of oxides 
          or other salts such as oxalates or chlorides.
target: Rare Earths Supply Technology and Resources Transformation Act of 2010 or RESTART Act - Establishes within the Department of the Interior the Rare Earth Policy Task Force to monitor and assist federal agencies in expediting the review and approval of permits to accelerate the completion of projects that will increase investment in, exploration for, and development of domestic rare earths.
  
  Directs the Secretaries of the Interior and of Energy to assess and report to Congress on: (1) the domestic rare earth supply chain; (2) rare earth elements critical to clean energy technologies and the national security; and (3) whether critical rare earth materials should be stockpiled.
  
  Instructs the Secretary of Energy to: (1) report to industry describing available mechanisms for obtaining government loan guarantees to reestablish a domestic rare earth supply chain; and (2) issue guidance for the rare earth industry on obtaining federal loan guarantees.
  
  Directs the Secretary of Defense to report to Congress on past, current, and future projects to support the domestic rare earth supply chain.
  
  Expresses the sense of Congress that: (1) the United States faces a shortage of key rare earth materials that form the backbone of both the defense and energy supply chains; (2) the urgent need to reestablish a domestic rare earth supply chain warrants a statutory prioritization of projects to support such reestablishment; (3) there is a pressing need to support innovation, training, and workforce development in the domestic rare earth supply chain; and (4) the Departments of Energy, of the Interior, of Commerce, and of Defense should each provide funds to academic institutions, federal laboratories, and private entities for innovation, training, and workforce development in the domestic rare earth supply chain.
feat_title: A bill to provide for the reestablishment of a domestic rare earths materials production and supply industry in the United States, and for other purposes.