Title 42 — The Public Health and Welfare
Part A · Chapter 134 — Energy Policy
§ 13344. Rare earth elements
Statutory text
Research program
In general
The Secretary of Energy, acting through the Assistant Secretary for Fossil Energy (referred to in this section as the “Secretary”), shall conduct a program of research and development—
to develop and assess advanced separation technologies for the extraction and recovery of rare earth elements and other critical materials from coal and coal byproducts; and
to determine if there are, and mitigate, any potential environmental or public health impacts that could arise from the recovery of rare earth elements from coal-based resources.
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out the program described in paragraph (1)—
$23,000,000 for each of fiscal years 2021 and 2022;
$24,200,000 for fiscal year 2023;
$25,400,000 for fiscal year 2024;
$26,600,000 for fiscal year 2025; and
$27,800,000 for fiscal year 2026.
Report
Not later than 1 year after , and annually thereafter while the facility established under subsection (c) remains in operation, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology and Energy and Commerce of the House of Representatives a report evaluating the development of advanced separation technologies for the extraction and recovery of rare earth elements and other critical materials from coal and coal byproducts, including acid mine drainage from coal mines.
Rare earth demonstration facility
Establishment
In coordination with the research program under subsection (a)(1)(A), the Secretary shall fund, through an agreement with an academic partner, the design, construction, and build-out of a facility to demonstrate the commercial feasibility of a full-scale integrated rare earth element extraction and separation facility and refinery.
Facility activities
The facility established under paragraph (1) shall—
provide environmental benefits through use of feedstock derived from acid mine drainage, mine waste, or other deleterious material;
separate mixed rare earth oxides into pure oxides of each rare earth element;
refine rare earth oxides into rare earth metals; and
provide for separation of rare earth oxides and refining into rare earth metals at a single site.
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $140,000,000 for fiscal year 2022, to remain available until expended.
Critical material
In this section, the term “critical material” has the meaning given the term in section 1606 of title 30.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021
Pub. L. 116–260 div. Z title VII § 7001 · 134 Stat. 1182
Enacted · 42 U.S.C. § 13344
Pub. L. 116–260, div. Z, title VII, § 7001, Dec. 27, 2020, 134 Stat. 2561
Source evidence
Code source credit
Pub. L. 116–260, div. Z, title VII, § 7001, Dec. 27, 2020, 134 Stat. 2561Enacted provision · exact public law section
Sec. 7001. allowances and differentials Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; for services as authorized by section 3109 of such title and for hire of passenger transportation pursuant to section 1343(b) of title 31, United States Code.Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40205(1) · 135 Stat. 429
Inserted · 42 U.S.C. § 13344(b)
Pub. L. 117–58, § 40205(1), inserted “and annually thereafter while the facility established under subsection (c) remains in operation,” after “December 27, 2020,”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–58, § 40205(1), inserted “and annually thereafter while the facility established under subsection (c) remains in operation,” after “December 27, 2020,”.Enacted provision · exact public law section
(1) in subsection (b), by inserting “and annually thereafter while the facility established under subsection (c) remains in operation,” after “enactment of this Act,”;Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40205(2) · 135 Stat. 429
Added · 42 U.S.C. § 13344(c); 42 U.S.C. § 13344(d)
Pub. L. 117–58, § 40205(2), (3), added subsec. (c)
Redesignated · 42 U.S.C. § 13344(c); 42 U.S.C. § 13344(d)
Pub. L. 117–58, § 40205(2), (3), redesignated former subsec. (c) as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 117–58, § 40205(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).Enacted provision · exact public law section
(2) by redesignating subsection (c) as subsection (d); and
4 of 4 references resolved to an enrolled provision
Editorial Notes
Codification
Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Policy Act of 1992 which comprises this chapter.
Amendments
2021—Subsec. (b). Pub. L. 117–58, § 40205(1), inserted “and annually thereafter while the facility established under subsection (c) remains in operation,” after “,”.
Subsecs. (c), (d). Pub. L. 117–58, § 40205(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
Credits
2020–2021 · 2 acts
- 2020Pub. L. 116–260, div. Z, title VII, § 7001, , 134 Stat. 2561
- 2021Pub. L. 117–58, div. D, title II, § 40205, , 135 Stat. 960.
Show as published
(Pub. L. 116–260, div. Z, title VII, § 7001, , 134 Stat. 2561; Pub. L. 117–58, div. D, title II, § 40205, , 135 Stat. 960.)