116 S3962 IS: Quad Critical Minerals Partnership Act U.S. Senate 2022-03-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 3962IN THE SENATE OF THE UNITED STATESMarch 30, 2022Mr. Lankford (for himself, Mr. King, Mr. Cornyn, and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo establish a comprehensive United States strategy to address the national security threat posed by the People’s Republic of China’s control of nearly 2/3 of the global supply of critical minerals, and for other purposes.

1.

Short title

This Act may be cited as the Quad Critical Minerals Partnership Act.

2.

Findings

Congress makes the following findings:(1)The People’s Republic of China is the global leader in mining, refining, and component manufacturing of critical minerals, producing approximately 85 percent of the world’s supply between 2011 and 2017.(2)In 2019, the United States imported an estimated 80 percent of its critical minerals from the People’s Republic of China.(3)On March 26, 2014, the World Trade Organization ruled that the People’s Republic of China’s export restraints on critical minerals violated its obligations under its protocol of accession to the World Trade Organization, thereby harming United States manufacturers and workers.(4)The Chinese Communist Party has threatened to leverage the People’s Republic of China’s dominant position in the critical minerals market to strike back at the United States.(5)The Quadrilateral Security Dialogue is a strategic security dialogue comprised of the United States, Australia, Japan, and India that facilitates multilateral cooperation in areas of shared interest to advance a free and open Indo-Pacific region.(6)The Quadrilateral Security Dialogue is an effective partnership for reliable multilateral financing, development, and distribution of goods for global consumption, as evidenced by the Quad Vaccine Partnership announced on March 12, 2021.

3.

Sense of Congress

It is the sense of Congress that—(1)the People’s Republic of China’s dominant share of the global critical minerals market is a threat to the economic stability, well-being, and competitiveness of key industries in the United States;(2)the United States should reduce reliance on the People’s Republic of China for critical minerals through—(A)strategic investments in development projects, production technologies, and refining facilities in the United States; or(B)in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue;(3)the United States International Development Finance Corporation should collaborate with its counterpart entities in Japan, Australia, and India to finance a more reliable and secure supply chain of critical minerals; and(4)the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals.

4.

Statement of policy

It is the policy of the United States—(1)to pursue a more reliable and secure supply chain of critical minerals;(2)to reduce reliance on the People’s Republic of China for critical minerals; and(3)to partner, consult, and coordinate with the governments of the countries in the Quadrilateral Security Dialogue in a concerted effort to make significant strategic investments in development projects, production technologies, and refining facilities for critical minerals.

5.

Comprehensive strategy

(a)

In general

The President shall establish a comprehensive strategy to address the national security threat posed by the People’s Republic of China’s control of nearly 2/3 of the global supply of critical minerals by developing a more reliable and secure supply chain of critical minerals.(b)

Elements

The strategy required by subsection (a) shall include efforts to develop a more reliable and secure supply chain of critical minerals, including the following:(1)Plans to partner, consult, and coordinate with the governments of the other countries in the Quadrilateral Security Dialogue in a concerted effort to make significant strategic investments in development projects, production technologies, and refining facilities.(2)A strategy to leverage the partnership of the United States International Development Finance Corporation and its counterpart entities in those countries. (3)A strategy to decrease trade barriers for the development, production, refinement, and shipment of critical minerals among those countries.(c)

Report required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the strategy required by subsection (a). (2)

Elements

The report required in paragraph (1) shall include—(A)a description of the extent of the engagement of the United States International Development Finance Corporation with the governments of the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals; and(B)a description of the work of the United States Trade Representative to engage with the government of those countries to decrease trade barriers for the development, production, refinement, and transportation of critical minerals.(d)

Appropriate congressional committees defined

In this section, the term appropriate congressional committees means—(1)the Committee on Finance, the Committee on Foreign Relations, and the Committee on Energy and Natural Resources of the Senate; and(2)the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives.

6.

Prioritization of support by United States International Development Finance Corporation

The United States International Development Finance Corporation shall prioritize providing support under title II of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621 et seq.) for development projects, production technologies, and refining facilities for critical minerals that the Corporation determines will—(1)contribute to the development of a more reliable and secure supply chain of critical minerals;(2)reduce reliance on the People’s Republic of China for critical minerals; and(3)facilitate cooperation with the governments of the other countries in the Quadrilateral Security Dialogue in a concerted effort to make significant strategic investments in development projects, production technologies, and refining facilities for critical minerals.

7.

Initiation of multilateral discussions by United States Trade Representative

The United States Trade Representative shall initiate multilateral discussions with the governments of the other countries in the Quadrilateral Security Dialogue for the purpose of—(1)developing a more reliable and secure supply chain of critical minerals;(2)reducing reliance on the People’s Republic of China for critical minerals; and(3)facilitating cooperation with those governments in a concerted effort to make significant strategic investments in development projects, production technologies, and refining facilities for critical minerals.

8.

Definition of critical mineral

In this Act, the term critical mineral has the meaning given that term in section 7002(a) of the Energy Act of 2020 (division Z of Public Law 116–260; 30 U.S.C. 1606(a)).