[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4712 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4712

   To increase support by the United States Government for critical 
  minerals projects outside the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

Mr. Warner (for himself, Mr. Rubio, Mr. Hickenlooper, Mr. Cassidy, Mr. 
 Coons, Mr. King, Mr. Tillis, and Mr. Kelly) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
   To increase support by the United States Government for critical 
  minerals projects outside the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Global Strategy 
for Securing Critical Minerals Act of 2024''.
    (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--ENHANCING UNITED STATES DIPLOMATIC SUPPORT OF CRITICAL 
                           MATERIAL PROJECTS

Sec. 101. Streamlining diplomatic efforts relating to critical 
                            materials.
Sec. 102. Codifying the Partnership for Global Infrastructure and 
                            Investment.
Sec. 103. Establishment of diplomatic tool to support United States 
                            private sector critical material projects 
                            abroad.
 TITLE II--INCREASING FINANCIAL TOOLS TO SUPPORT ONSHORING OF CRITICAL 
                               MATERIALS

Sec. 201. Support for critical materials projects by United States 
                            International Development Finance 
                            Corporation.
Sec. 202. Authorization of support for critical material projects for 
                            which offtake is purchased by a United 
                            States entity.
Sec. 203. Inclusion of critical materials in program on China and 
                            transformational exports.
Sec. 204. Critical material metallurgy financing.
  TITLE III--INCREASING SUPPORT FOR ALLIED PARTNERSHIPS FOR CRITICAL 
           MATERIAL MAPPING, MINING, AND TECHNOLOGY RESEARCH

Sec. 301. Expanding collaboration with allies and partners on critical 
                            materials technologies and projects.
Sec. 302. Expanding authorities for critical material projects to 
                            include allies and partners.
      TITLE IV--PUBLIC-PRIVATE COLLABORATION ON CRITICAL MATERIALS

Sec. 401. Enhancing public-private sharing on manipulative adversary 
                            practices in critical material projects.
Sec. 402. Coordinating government financial tools for public-private 
                            collaboration on critical material 
                            investments.
    TITLE V--COUNTERING THE PEOPLE'S REPUBLIC OF CHINA'S EFFORTS TO 
                  MANIPULATE CRITICAL MATERIAL MARKETS

Sec. 501. Increased support for United States procurement of critical 
                            materials.
Sec. 502. Report on imposition of duties on electromagnets, battery 
                            cells, electric storage batteries, and 
                            photovoltaic cells imported from certain 
                            countries.
Sec. 503. Prohibition on provision of funds to foreign entities of 
                            concern.
                TITLE VI--WORKFORCE DEVELOPMENT EFFORTS

Sec. 601. Workforce development initiative.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Energy and Natural Resources, the 
                Committee on Commerce, Science, and Transportation, the 
                Committee on Foreign Relations, the Committee on Armed 
                Services, the Committee on Appropriations, the 
                Committee on Banking, Housing, and Urban Affairs, the 
                Committee on Homeland Security and Governmental 
                Affairs, and the Committee on Finance of the Senate; 
                and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Energy and Commerce, the Committee on 
                Foreign Affairs, the Committee on Armed Services, the 
                Committee on Science, Space, and Technology, the 
                Committee on Appropriations, the Committee on Financial 
                Services, the Committee on Homeland Security, and the 
                Committee on Ways and Means of the House of 
                Representatives.
            (2) Critical material.--The term ``critical material'' 
        means a strategic or critical material, including a rare earth 
        element, that is necessary to meet national defense or national 
        security requirements, including requirements relating to 
        supply chain resiliency, or for the economic security of the 
        United States.
            (3) Foreign entity.--
                    (A) In general.--The term ``foreign entity'' 
                means--
                            (i) a government of a foreign country;
                            (ii) a foreign political party;
                            (iii) an individual who is not--
                                    (I) a citizen or national of the 
                                United States;
                                    (II) an alien lawfully admitted for 
                                permanent residence to the United 
                                States; or
                                    (III) any other protected 
                                individual (as defined in section 
                                274B(a)(3) of the Immigration and 
                                Nationality Act (8 U.S.C. 
                                1324b(a)(3))); and
                            (iv) a partnership, association, 
                        corporation, organization, or other combination 
                        of entities organized under the laws of or 
                        having its principal place of business in a 
                        foreign country.
                    (B) Inclusions.--The term ``foreign entity'' 
                includes--
                            (i) any person owned by, controlled by, or 
                        subject to the jurisdiction or direction of an 
                        entity described in subparagraph (A);
                            (ii) any person, wherever located, who acts 
                        as an agent, representative, or employee of an 
                        entity described in subparagraph (A);
                            (iii) any person who acts in any other 
                        capacity at the order, request, or under the 
                        influence, direction, or control, of--
                                    (I) an entity described in 
                                subparagraph (A); or
                                    (II) a person the activities of 
                                which are directly or indirectly 
                                supervised, directed, controlled, 
                                financed, or subsidized in whole or in 
                                majority part by an entity described in 
                                subparagraph (A);
                            (iv) any person who directly or indirectly 
                        through any contract, arrangement, 
                        understanding, relationship, or otherwise, owns 
                        25 percent or more of the equity interests of 
                        an entity described in subparagraph (A);
                            (v) any person with significant 
                        responsibility to control, manage, or direct an 
                        entity described in subparagraph (A);
                            (vi) any person, wherever located, who is a 
                        citizen or resident of a country controlled by 
                        an entity described in subparagraph (A); and
                            (vii) any corporation, partnership, 
                        association, or other organization organized 
                        under the laws of a country controlled by an 
                        entity described in subparagraph (A).
            (4) Foreign entity of concern.--
                    (A) In general.--The term ``foreign entity of 
                concern'' means any foreign entity that is--
                            (i) designated as a foreign terrorist 
                        organization by the Secretary of State under 
                        section 219 of the Immigration and Nationality 
                        Act (8 U.S.C. 1189);
                            (ii) included on the list of specially 
                        designated nationals and blocked persons 
                        maintained by the Office of Foreign Assets 
                        Control of the Department of the Treasury;
                            (iii) owned by, controlled by, or subject 
                        to the jurisdiction, direction, or otherwise 
                        under the undue influence of a government of a 
                        covered nation (as defined in section 4872(d) 
                        of title 10, United States Code);
                            (iv) alleged by the Attorney General to 
                        have been involved in activities for which a 
                        conviction was obtained under--
                                    (I) chapter 37 of title 18, United 
                                States Code (commonly known as the 
                                ``Espionage Act'');
                                    (II) section 951 or 1030 of title 
                                18, United States Code;
                                    (III) chapter 90 of title 18, 
                                United States Code (commonly known as 
                                the ``Economic Espionage Act of 
                                1996'');
                                    (IV) the Arms Export Control Act 
                                (22 U.S.C. 2751 et seq.);
                                    (V) section 224, 225, 226, 227, or 
                                236 of the Atomic Energy Act of 1954 
                                (42 U.S.C. 2274, 2275, 2276, 2277, and 
                                2284);
                                    (VI) the Export Control Reform Act 
                                of 2018 (50 U.S.C. 4801 et seq.); or
                                    (VII) the International Emergency 
                                Economic Powers Act (50 U.S.C. 1701 et 
                                seq.); or
                            (v) determined by the Secretary, in 
                        consultation with the Secretary of Defense and 
                        the Director of National Intelligence, to be 
                        engaged in unauthorized conduct that is 
                        detrimental to the national security or foreign 
                        policy of the United States under this Act.
                    (B) Exclusion.--The term ``foreign entity of 
                concern'' does not include any entity with respect to 
                which 1 or more foreign entities described in 
                subparagraph (A) owns less than 10 percent of the 
                equity interest.
            (5) Intelligence community.--The term ``intelligence 
        community'' has the meaning given the term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (6) Metallurgy.--The term ``metallurgy'' means the process 
        of producing finished critical material products from critical 
        materials.
            (7) Person.--The term ``person'' includes an individual, 
        partnership, association, corporation, organization, or any 
        other combination of individuals.
            (8) United states entity.--The term ``United States 
        entity'' means an entity organized under the laws of the United 
        States or any jurisdiction within the United States.

    TITLE I--ENHANCING UNITED STATES DIPLOMATIC SUPPORT OF CRITICAL 
                           MATERIAL PROJECTS

SEC. 101. STREAMLINING DIPLOMATIC EFFORTS RELATING TO CRITICAL 
              MATERIALS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
heads of other relevant Federal agencies, shall submit to the 
appropriate committees of Congress a report outlining United States 
offices and positions responsible for securing the supply chains of a 
diverse set of critical materials.
    (b) Elements.--The report required by subsection (a) shall--
            (1) review the roles and responsibilities of offices and 
        positions within the Department of State engaged, as of the 
        date of the enactment of this Act, in efforts to secure 
        critical material supply chains and develop processes to ensure 
        that those offices coordinate and deconflict such efforts; and
            (2) describe how those offices in the Department of State 
        are responsible for coordinating with other elements of the 
        United States Government, the intelligence community, the 
        private sector, and countries that are allies and partners of 
        the United States.
    (c) Briefing Required.--Not later than 120 days after the date of 
the enactment of this Act, the Secretary shall brief the appropriate 
committees of Congress on the report required by subsection (a).

SEC. 102. CODIFYING THE PARTNERSHIP FOR GLOBAL INFRASTRUCTURE AND 
              INVESTMENT.

    The Secretary of State shall seek to establish the Partnership for 
Global Infrastructure and Investment to coordinate the efforts of the 
United States Government in priority infrastructure sectors, including 
energy and biological supply chains, to ensure there is a whole-of-
government approach to securing supply chain inputs, technologies, and 
infrastructure investments.

SEC. 103. ESTABLISHMENT OF DIPLOMATIC TOOL TO SUPPORT UNITED STATES 
              PRIVATE SECTOR CRITICAL MATERIAL PROJECTS ABROAD.

    The Secretary of State shall identify an appropriate official or 
office of the Department of State to establish a mechanism and process 
for certifying if critical material projects carried out by United 
States entities have the support of the United States Government, 
which--
            (1) may include using the Blue Dot Network or another 
        mechanism in existence as of the date of the enactment of this 
        Act, as appropriate; and
            (2) shall include a process for ensuring that United States 
        entities can engage with United States embassies in foreign 
        countries to utilize the mechanism and process to secure 
        support for pursing critical material projects in such 
        countries.

 TITLE II--INCREASING FINANCIAL TOOLS TO SUPPORT ONSHORING OF CRITICAL 
                               MATERIALS

SEC. 201. SUPPORT FOR CRITICAL MATERIALS PROJECTS BY UNITED STATES 
              INTERNATIONAL DEVELOPMENT FINANCE CORPORATION.

    Section 1412 of the Better Utilization of Investments Leading to 
Development Act of 2018 (22 U.S.C. 9612) is amended--
            (1) in subsection (b)--
                    (A) by striking ``The purpose'' and inserting the 
                following:
            ``(1) In general.--The purpose'';
                    (B) by striking ``shall be to'' and inserting the 
                following: ``shall be--
                    ``(A) to'';
                    (C) by striking ``the United States.'' and 
                inserting the following: ``the United States; and
                    ``(B) to provide support under title II in high-
                income economy countries for projects involving 
                development, processing, or recycling of critical 
                materials if such support furthers the national 
                security interests of the United States.'';
                    (D) by striking ``In carrying out'' and inserting 
                the following:
            ``(2) Consideration of certain criteria.--In carrying 
        out''; and
                    (E) by adding at the end the following:
            ``(3) Definitions.--For the purposes of paragraph (1)(B):
                    ``(A) Critical material.--The term `critical 
                material' has the meaning given that term in section 2 
                of the Global Strategy for Securing Critical Minerals 
                Act of 2024.
                    ``(B) High-income economy country.--The term `high-
                income economy country' means a country with a high-
                income economy, as defined by the International Bank 
                for Reconstruction and Development and the 
                International Development Association (collectively 
                referred to as the `World Bank').''; and
            (2) in subsection (c), by adding at the end the following:
            ``(3) Support for freely associated states.--
        Notwithstanding the income classification of the country with 
        which the geopolitical entity is associated, the Corporation 
        may provide support under title II to a geopolitical entity 
        that is included, as of the date on which the support is 
        provided, on the list of dependencies and areas of special 
        sovereignty prepared by the Department of State.''.

SEC. 202. AUTHORIZATION OF SUPPORT FOR CRITICAL MATERIAL PROJECTS FOR 
              WHICH OFFTAKE IS PURCHASED BY A UNITED STATES ENTITY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) allies of the United States, such as Japan, South 
        Korea, and European countries, provide financial support for 
        the importation of commodities essential for national security; 
        and
            (2) given the locations of critical materials and the lack 
        of existing mining, processing, refining, or recycling 
        facilities for those materials, the United States must ensure 
        that United States entities can compete for the offtake of 
        critical materials in projects being carried out abroad, 
        whether or not the project is operated by a United States 
        entity.
    (b) Strategy Required.--
            (1) In general.--The President of the Export-Import Bank of 
        the United States shall develop a strategy for the issuance of 
        guaranties, insurance, or extensions of credit, or the 
        participation in the extension of credit, in connection with a 
        project carried out outside the United States if the offtake of 
        the project is critical for a United States entity.
            (2) Outreach.--In developing the strategy required by 
        paragraph (1), the President of the Bank shall conduct outreach 
        to United States entities, including automotive companies, to 
        ensure that the United States private sector can adequately 
        compete to secure critical material supply chains abroad, 
        including in the production of batteries necessary for the 
        electric grid, transportation, and weapons and other defenses 
        in the United States.

SEC. 203. INCLUSION OF CRITICAL MATERIALS IN PROGRAM ON CHINA AND 
              TRANSFORMATIONAL EXPORTS.

    Section 2(l)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635(l)(1)(B)) is amended--
            (1) by redesignating clause (xi) as clause (xii); and
            (2) by inserting after clause (x) the following:
                            ``(xi) Critical materials (as defined in 
                        section 2 of the Global Strategy for Securing 
                        Critical Minerals Act of 2024) and permanent 
                        magnets.''.

SEC. 204. CRITICAL MATERIAL METALLURGY FINANCING.

    (a) Financial Assistance Program.--
            (1) In general.--The Secretary of Energy shall establish in 
        the Department of Energy a program to provide Federal financial 
        assistance to covered entities to incentivize investment in 
        covered facilities, subject to the availability of 
        appropriations for that purpose.
            (2) Procedure.--
                    (A) In general.--A covered entity seeking financial 
                assistance under this subsection shall submit to the 
                Secretary an application that describes the project for 
                which the covered entity is seeking financial 
                assistance.
                    (B) Eligibility.--In order for a covered entity to 
                qualify for financial assistance under this subsection, 
                the covered entity shall demonstrate to the Secretary, 
                in the application submitted by the covered entity 
                under subparagraph (A), that--
                            (i) the covered entity has a documented 
                        interest in--
                                    (I) constructing a covered 
                                facility; or
                                    (II) expanding or technologically 
                                upgrading a facility owned by the 
                                covered entity to be a covered 
                                facility; and
                            (ii) with respect to the project for which 
                        the covered entity is seeking financial 
                        assistance, the covered entity has--
                                    (I) been offered a covered 
                                incentive;
                                    (II) made commitments to worker and 
                                community investment, including 
                                through--
                                            (aa) training and education 
                                        benefits paid by the covered 
                                        entity; and
                                            (bb) programs to expand 
                                        employment opportunity for 
                                        economically disadvantaged 
                                        individuals;
                                    (III) secured commitments from 
                                regional educational and training 
                                entities and institutions of higher 
                                education to provide workforce 
                                training, including programming for 
                                training and job placement of 
                                economically disadvantaged individuals; 
                                and
                                    (IV) an executable plan to sustain 
                                a covered facility without additional 
                                Federal financial assistance under this 
                                subsection for facility support.
                    (C) Application review.--
                            (i) In general.--The Secretary may not 
                        approve an application submitted by a covered 
                        entity under subparagraph (A)--
                                    (I) unless the Secretary--
                                            (aa) confirms that the 
                                        covered entity has satisfied 
                                        the eligibility criteria under 
                                        subparagraph (B);
                                            (bb) determines that the 
                                        project for which the covered 
                                        entity is seeking financial 
                                        assistance is in the interest 
                                        of the United States; and
                                            (cc) has notified the 
                                        appropriate committees of 
                                        Congress not later than 15 days 
                                        before making any commitment to 
                                        provide an award of financial 
                                        assistance to any covered 
                                        entity in an amount that 
                                        exceeds $10,000,000; or
                                    (II) if the Secretary determines, 
                                in consultation with the Director of 
                                National Intelligence, that the covered 
                                entity is a foreign entity of concern.
                            (ii) Consideration.--In reviewing an 
                        application submitted by a covered entity under 
                        subparagraph (A), the Secretary may consider 
                        whether--
                                    (I) the covered entity has 
                                previously received financial 
                                assistance under this subsection;
                                    (II) the governmental entity 
                                offering the applicable covered 
                                incentive has benefitted from financial 
                                assistance previously provided under 
                                this subsection;
                                    (III) the covered entity has 
                                demonstrated that the covered entity is 
                                responsive to the national security 
                                needs or requirements established by 
                                the intelligence community (or an 
                                agency thereof), the National Nuclear 
                                Security Administration, or the 
                                Department of Defense;
                                    (IV) if practicable, a consortium 
                                that is considered a covered entity 
                                includes a small business concern (as 
                                defined under section 3 of the Small 
                                Business Act (15 U.S.C. 632)), 
                                notwithstanding section 121.103 of 
                                title 13, Code of Federal Regulations 
                                (or successor regulations); and
                                    (V) the covered entity intends to 
                                produce finished products for use by 
                                the Department of Defense, the defense 
                                industry of the United States, or 
                                critical energy infrastructure.
                            (iii) Prioritization.--To the maximum 
                        extent practicable, the Secretary shall 
                        prioritize awarding financial assistance under 
                        this subsection to a covered entity that 
                        intends to make finished products available for 
                        use by the Department of Defense, the defense 
                        industry of the United States, or critical 
                        energy infrastructure.
                    (D) Records.--
                            (i) In general.--The Secretary may request 
                        records and information from a covered entity 
                        that submitted an application under 
                        subparagraph (A) to review the status of a 
                        covered entity.
                            (ii) Requirement.--As a condition of 
                        receiving assistance under this subsection, a 
                        covered entity shall provide the records and 
                        information requested by the Secretary under 
                        clause (i).
            (3) Amount.--
                    (A) In general.--The Secretary shall determine the 
                appropriate amount and funding type for each financial 
                assistance award provided to a covered entity under 
                this subsection.
                    (B) Cost-sharing requirement.--The total amount of 
                financial assistance that may be guaranteed by the 
                Secretary under this subsection shall be not more than 
                100 percent of the private capital investment available 
                to a covered entity for any individual project.
                    (C) Minimum investment.--The total Federal 
                investment in any individual project receiving a 
                financial assistance award under this subsection shall 
                be not less than $20,000,000.
                    (D) Larger investment.--The total Federal 
                investment in any individual project receiving a 
                financial assistance award under this subsection shall 
                not exceed $500,000,000, unless the Secretary, in 
                consultation with the Secretary of Defense and the 
                Director of National Intelligence, recommends to the 
                President, and the President certifies and reports to 
                the appropriate committees of Congress, that a larger 
                investment is necessary--
                            (i) to significantly increase the 
                        proportion of reliable domestic supply of 
                        finished critical material products relevant 
                        for national security and economic 
                        competitiveness that can be met through 
                        domestic production; and
                            (ii) to meet the needs of national 
                        security.
            (4) Use of funds.--A covered entity that receives a 
        financial assistance award under this subsection may only use 
        the financial assistance award amounts--
                    (A) to finance the construction of a covered 
                facility (including equipment) or the expansion or 
                technological upgrade of a facility (including 
                equipment) of the covered entity to be a covered 
                facility, as documented in the application submitted by 
                the covered entity under paragraph (2)(A), as 
                determined necessary by the Secretary for purposes 
                relating to the national security and economic 
                competitiveness of the United States;
                    (B) to support workforce development for a covered 
                facility; and
                    (C) to support site development and technological 
                upgrade for a covered facility.
            (5) Clawback.--
                    (A) Major awards.--
                            (i) In general.--For all financial 
                        assistance awards provided to covered entities 
                        under this subsection, the Secretary shall, at 
                        the time of making the award, determine the 
                        target dates by which a covered entity shall 
                        commence and complete the applicable project.
                            (ii) Progressive recovery for delays.--If 
                        the covered entity receiving a financial 
                        assistance award under this subsection does not 
                        complete the applicable project by the 
                        applicable target date determined under clause 
                        (i), the Secretary shall progressively recover 
                        up to the full amount of the award.
                            (iii) Waiver.--In the case of projects that 
                        do not meet the applicable target date 
                        determined under clause (i), the Secretary may 
                        waive the requirement to recover the financial 
                        award provided for the project under clause 
                        (ii) after making a formal determination that 
                        circumstances beyond the ability of the covered 
                        entity to foresee or control are responsible 
                        for the delay.
                            (iv) Congressional notification.--
                                    (I) In general.--Not later than 15 
                                days after making a determination to 
                                recover an award under clause (ii), the 
                                Secretary shall notify the appropriate 
                                committees of Congress of the intent of 
                                the Secretary to recover the award.
                                    (II) Waivers.--Not later than 15 
                                days after the date on which the 
                                Secretary provides a waiver under 
                                clause (iii), the Secretary shall 
                                notify the appropriate committees of 
                                Congress of the waiver.
                    (B) Joint research, technology licensing, and 
                intellectual property reporting.--
                            (i) In general.--Before entering into an 
                        agreement with a foreign entity to conduct 
                        joint research or technology licensing, or to 
                        share intellectual property, a covered entity 
                        that has received a financial assistance award 
                        under this subsection--
                                    (I) shall notify the Secretary of 
                                the intent to enter into such an 
                                agreement; and
                                    (II) may only enter into such an 
                                agreement if the Secretary determines 
                                the foreign entity is not a foreign 
                                entity of concern.
                            (ii) Determination.--On receiving a 
                        notification under clause (i), the Secretary, 
                        in consultation with the Director of National 
                        Intelligence, the Director of the National 
                        Counterintelligence and Security Center, and 
                        the Director of the Federal Bureau of 
                        Investigation, shall make a determination of 
                        whether the applicable foreign entity is a 
                        foreign entity of concern.
                            (iii) Technology clawback.--The Secretary 
                        shall recover the full amount of a financial 
                        assistance award provided to a covered entity 
                        under this subsection if, during the applicable 
                        term of the award, the covered entity knowingly 
                        engages in any joint research, technology 
                        licensing, intellectual property sharing 
                        effort, or joint venture with a foreign entity 
                        of concern that relates to a technology or 
                        product that raises national security concerns, 
                        as determined by the Secretary, in consultation 
                        with the Director of National Intelligence, the 
                        Director of the National Counterintelligence 
                        and Security Center, and the Director of the 
                        Federal Bureau of Investigation, on the 
                        condition that the determination of the 
                        Secretary shall have been communicated to the 
                        covered entity before the covered entity 
                        engaged in the joint research, technology 
                        licensing, or intellectual property sharing.
            (6) Condition of receipt.--A covered entity to which the 
        Secretary awards Federal financial assistance under this 
        subsection shall enter into an agreement that specifies that, 
        during the 5-year period immediately following the award of the 
        Federal financial assistance, the covered entity will not make 
        shareholder distributions in excess of profits.
    (b) Coordination Required.--In carrying out the program established 
under subsection (a), the Secretary shall coordinate with the Secretary 
of State, the Secretary of Defense, the Secretary of Homeland Security, 
and the Director of National Intelligence.
    (c) GAO Reviews.--The Comptroller General of the United States 
shall--
            (1) not later than 2 years after the date of disbursement 
        of the first financial award under the program established 
        under subsection (a), and biennially thereafter for 10 years, 
        conduct a review of the program, which shall include, at a 
        minimum--
                    (A) a determination of the number of financial 
                assistance awards provided under the program during the 
                period covered by the review;
                    (B) an evaluation of how--
                            (i) the program is being carried out, 
                        including how recipients of financial 
                        assistance awards are being selected under the 
                        program; and
                            (ii) other Federal programs are leveraged 
                        for manufacturing, research, and training to 
                        complement the financial assistance awards 
                        provided under the program; and
                    (C) a description of the outcomes of projects 
                supported by financial assistance awards provided under 
                the program, including a description of--
                            (i) covered facilities that were 
                        constructed or facilities that were expanded or 
                        technologically upgraded to be covered 
                        facilities as a result of financial assistance 
                        awards provided under the program;
                            (ii) workforce training programs carried 
                        out with financial assistance awards provided 
                        under the program, including efforts to hire 
                        individuals from disadvantaged populations; and
                            (iii) the impact of projects receiving 
                        financial assistance awards under the program 
                        on the United States share of global finished 
                        critical material product production; and
            (2) submit to the appropriate committees of Congress the 
        results of each review conducted under paragraph (1).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $750,000,000 for each of fiscal years 2025 and 2026; 
        and
            (2) $200,000,000 for each of fiscal years 2027 through 
        2029.
    (e) Definitions.--In this section:
            (1) Covered entity.--The term ``covered entity'' means a 
        private entity, a consortium of private entities, or a 
        consortium of public and private entities, with a demonstrated 
        ability to substantially finance, construct, expand, or 
        technologically upgrade a covered facility.
            (2) Covered facility.--The term ``covered facility'' means 
        a facility located in a State that carries out the metallurgy 
        or recycling of critical materials for the production of 
        critical material products.
            (3) Covered incentive.--The term ``covered incentive'' 
        means--
                    (A) an incentive offered by a Federal, State, 
                local, or Tribal governmental entity to a covered 
                entity for the purposes of--
                            (i) constructing within the jurisdiction of 
                        the governmental entity a covered facility; or
                            (ii) expanding or technologically upgrading 
                        an existing facility within that jurisdiction 
                        to be a covered facility; and
                    (B) a workforce-related incentive (including a 
                grant agreement relating to workforce training or 
                vocational education), any concession with respect to 
                real property, funding for research and development 
                with respect to critical materials and finished 
                critical material products, and any other incentive 
                determined appropriate by the Secretary, in 
                consultation with the Secretary of State.
            (4) Finished critical material product.--The term 
        ``finished critical material product'' means a product composed 
        of significant quantities of critical materials, including--
                    (A) metals;
                    (B) alloys; and
                    (C) permanent magnets.
            (5) Private capital.--The term ``private capital'' has the 
        meaning given the term in section 103 of the Small Business 
        Investment Act of 1958 (15 U.S.C. 662).
            (6) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands.

  TITLE III--INCREASING SUPPORT FOR ALLIED PARTNERSHIPS FOR CRITICAL 
           MATERIAL MAPPING, MINING, AND TECHNOLOGY RESEARCH

SEC. 301. EXPANDING COLLABORATION WITH ALLIES AND PARTNERS ON CRITICAL 
              MATERIALS TECHNOLOGIES AND PROJECTS.

    (a) In General.--The Secretary of the Interior shall increase 
collaboration and information sharing between the geoscience 
organizations of Australia, Canada, South Korea, Japan, member 
countries of the North Atlantic Treaty Organization and non-NATO allies 
and partners, as the Secretary of the Interior determines to be 
appropriate, and the United States to include knowledge sharing on 
critical materials processing and recycling techniques and equipment.
    (b) Application.--Collaboration and information under subsection 
(a) shall extend to--
            (1) the Earth Mapping Resources Initiative established by 
        section 40201 of the Infrastructure Investment and Jobs Act (43 
        U.S.C. 31l); and
            (2) the National Cooperative Geologic Mapping Program under 
        section 4 of the National Geologic Mapping Act of 1992 (43 
        U.S.C. 31c).

SEC. 302. EXPANDING AUTHORITIES FOR CRITICAL MATERIAL PROJECTS TO 
              INCLUDE ALLIES AND PARTNERS.

    (a) Critical Minerals Mining and Recycling Research.--Section 40210 
of the Infrastructure Investment and Jobs Act (42 U.S.C. 18743) is 
amended--
            (1) in subsection (b), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--In order to support supply chain 
        resiliency, the Secretary, in coordination with the Director, 
        and in collaboration with countries that are allies and 
        partners of the United States, as the Secretary of State 
        determines to be appropriate, shall issue awards, on a 
        competitive basis, to eligible entities described in paragraph 
        (2) to support basic research that will accelerate innovation 
        to advance critical minerals mining, recycling, and reclamation 
        strategies and technologies for the purposes of--
                    ``(A) making better use of domestic resources; and
                    ``(B) eliminating national reliance on minerals and 
                mineral materials that are subject to supply 
                disruptions.''; and
            (2) in subsection (c)(1), by inserting ``, in collaboration 
        with allied and partner countries, as the Secretary of State 
        determines to be appropriate,'' after ``National Science and 
        Technology Council (referred to in this subsection as the 
        `Subcommittee')''.
    (b) USGS Energy and Minerals Research Facility.--Section 40204 of 
the Infrastructure Investment and Jobs Act (43 U.S.C. 50e) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Collaboration.--The United States Geological Survey may 
collaborate with Australia and Canada on the energy and minerals 
research carried out at the facility described in subsection (a).''.
    (c) Rare Earth Demonstration Facility.--Section 7001(c)(1) of the 
Energy Act of 2020 (42 U.S.C. 13344(c)(1)) is amended inserting ``and 
in coordination with academic communities in countries that are allies 
and partners of the United States, as the Secretary determines to be 
appropriate,'' after ``academic partner,''.

      TITLE IV--PUBLIC-PRIVATE COLLABORATION ON CRITICAL MATERIALS

SEC. 401. ENHANCING PUBLIC-PRIVATE SHARING ON MANIPULATIVE ADVERSARY 
              PRACTICES IN CRITICAL MATERIAL PROJECTS.

    (a) Strategy Required.--Not later than 90 days after the date of 
the enactment of this Act, the Director of National Intelligence shall, 
in consultation with the heads of such other Federal agencies as the 
Director considers appropriate, develop a strategy to improve the 
sharing between the Federal Government and private entities of 
information to mitigate the threat that illicit activities and tactics 
of foreign adversaries pose to United States entities involved in 
projects outside the United States relating to energy generation and 
storage, including with respect to critical materials inputs for those 
projects.
    (b) Elements.--The strategy required by subsection (a) shall 
address--
            (1) how best to assemble and transmit information to United 
        States entities--
                    (A) to protect against illicit tactics and 
                activities of foreign adversaries relating to critical 
                material projects outside the United States, including 
                efforts by foreign adversaries to undermine those 
                projects;
                    (B) to mitigate the risk that the involvement of 
                governments of foreign adversaries in the ownership and 
                control of entities engaging in deceptive or illicit 
                activities pose to the interests of the United States; 
                and
                    (C) to inform on economic espionage and other 
                threats from foreign adversaries to the rights of 
                owners of intellectual property, including owners of 
                patents, trademarks, copyrights, trade secrets, and 
                other sensitive information, with respect to such 
                property; and
            (2) how best to receive information from United States 
        entities with respect to threats to United States interests 
        relating to critical materials, including disinformation 
        campaigns abroad or other suspicious malicious activity.
    (c) Implementation Plan Required.--Not later than 30 days after the 
date on which the Director completes developing the strategy required 
by subsection (a), the Director shall submit to the congressional 
intelligence committees (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)), or provide such committees a 
briefing on, a plan for implementing the strategy.

SEC. 402. COORDINATING GOVERNMENT FINANCIAL TOOLS FOR PUBLIC-PRIVATE 
              COLLABORATION ON CRITICAL MATERIAL INVESTMENTS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall, in coordination 
with the Chief Executive Officer of the United States International 
Development Finance Corporation, the President of the Export-Import 
Bank of the United States, and the Secretary of Energy, establish a 
mechanism to share information with the private sector on government 
financing tools available for investment in projects outside the United 
States relating to critical materials.
    (b) Elements.--The mechanism developed under subsection (a) shall 
include--
            (1) a single point person or office to lead the effort to 
        share information as described in that subsection;
            (2) a publicly accessible website that details the tools 
        each relevant Federal agency has available to support private 
        sector investment in projects described in that subsection, 
        including for each such tool at each such agency--
                    (A) the criteria required to receive support 
                pursuant to the relevant agency tool;
                    (B) a point of contact to coordinate and advice on 
                applying for that support;
                    (C) how applications can be submitted;
                    (D) the amount of funding available; and
                    (E) a list of projects carried out with that 
                support;
            (3) policies to ensure that, in cases in which due 
        diligence and project vetting requirements are similar across 
        Federal agencies, an application filed by an entity, if 
        permitted by the entity, is shared across relevant agencies to 
        avoid unnecessary duplication;
            (4) coordination of regular meetings of the relevant 
        Federal agencies--
                    (A) to coordinate projects and processes; and
                    (B) to identify gaps in tools needed to support 
                private sector investment in projects described in 
                subsection (a), including in coordination with the 
                Minerals Investment Network for Vital Energy Security 
                and Transition (MINVEST); and
            (5) a way for private sector entities to regularly engage 
        with the relevant Federal agencies to identify potential gaps 
        in United States support and tools for private industry 
        attempting to invest in, operate, or secure critical material 
        projects outside the United States.
    (c) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State shall submit 
        to the appropriate committees of Congress a report on the plan 
        required by subsection (a), including each elements required 
        under subsection (b).
            (2) Form.--The report required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.

    TITLE V--COUNTERING THE PEOPLE'S REPUBLIC OF CHINA'S EFFORTS TO 
                  MANIPULATE CRITICAL MATERIAL MARKETS

SEC. 501. INCREASED SUPPORT FOR UNITED STATES PROCUREMENT OF CRITICAL 
              MATERIALS.

    (a) 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 committees of Congress a report setting forth a 
        plan of action for use of authorities, including a proposal for 
        new or expanded authorities, to establish or enhance 
        responsible domestic production and procurement capabilities, 
        including through recycling, for critical materials and related 
        materials.
            (2) Elements.--The report required by paragraph (1) shall--
                    (A) include an identification of defense-critical 
                end products that are reliant on rare earth elements 
                and other critical materials for which domestic 
                industrial capabilities are insufficient;
                    (B) detail how the plan of action--
                            (i) aligns with existing Federal critical 
                        materials strategies and recommendations, 
                        including those developed pursuant to 
                        applicable Executive orders and statutes, to 
                        produce a holistic response to address critical 
                        material supply chain risks; and
                            (ii) coordinates Federal authorities and 
                        interagency efforts to implement such 
                        strategies and recommendations, including by 
                        identifying implementation challenges and 
                        authorities or resources needed to complete 
                        implementation and reduce United States 
                        critical materials supply chain vulnerability; 
                        and
                    (C) include recommendations to minimize adverse 
                environmental and social impacts from the activities 
                described in paragraph (1).
    (b) Domestic Defined.--In this section, the term ``domestic'', with 
respect to production capabilities or procurement capabilities for 
critical materials and related materials, means--
            (1) the production of such materials in a country specified 
        in the definition of ``domestic source'' in section 702 of the 
        Defense Production Act of 1950 (50 U.S.C. 4552); or
            (2) the procurement of such materials from a business 
        concern described in that definition.

SEC. 502. REPORT ON IMPOSITION OF DUTIES ON ELECTROMAGNETS, BATTERY 
              CELLS, ELECTRIC STORAGE BATTERIES, AND PHOTOVOLTAIC CELLS 
              IMPORTED FROM CERTAIN COUNTRIES.

    (a) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of the Treasury shall submit to 
the appropriate committees of Congress a report assessing the 
imposition of a duty on each article described in subsection (b).
    (b) Articles Described.--An article described in this subsection is 
an article classified under any of the following headings or 
subheadings of the Harmonized Tariff Schedule of the United States:
            (1) 8505.
            (2) 8506.
            (3) 8507.
            (4) 8541.42.00.
            (5) 8541.43.00.
    (c) Recommendations.--The report required by subsection (a) shall 
include recommendations for--
            (1) appropriate ranges for the rate of duty to be applied 
        to an article described in subsection (b) that was produced or 
        manufactured, or underwent final assembly, in a country other 
        than--
                    (A) an ally described in section 3(b)(2) of the 
                Arms Export Control Act (22 U.S.C. 2753(b)(2));
                    (B) a country designated by the President as a 
                major non-NATO ally under section 517 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2321k);
                    (C) Mexico, if the United States-Mexico-Canada 
                Agreement, or a successor agreement, is in effect;
                    (D) Costa Rica, El Salvador, Guatemala, Honduras, 
                and the Dominican Republic, if the Dominican Republic-
                Central America Free Trade Agreement, or a successor 
                agreement, is in effect;
                    (E) Chile, if the United States-Chile Free Trade 
                Agreement, or a successor agreement, is in effect; and
                    (F) India, for a period of 10 years beginning on 
                the date of the enactment of this Act; and
            (2) the appropriate rate of duty to be applied to an 
        article described in subsection (b) that was produced or 
        manufactured, or underwent final assembly, in the People's 
        Republic of China.
    (d) Additional Elements.--The assessment required by subsection (a) 
shall include--
            (1) a plan for implementing duties on articles described in 
        subsection (b) at the rates recommended under subsection (c); 
        and
            (2) an assessment of the risks and benefits of increasing 
        the rates of duty on such articles over a period of time.

SEC. 503. PROHIBITION ON PROVISION OF FUNDS TO FOREIGN ENTITIES OF 
              CONCERN.

    None of the funds authorized to be appropriated to carry out this 
Act may be provided to a foreign entity of concern.

                TITLE VI--WORKFORCE DEVELOPMENT EFFORTS

SEC. 601. WORKFORCE DEVELOPMENT INITIATIVE.

    As soon as practicable, after the date of the enactment of this 
Act, the Secretary of State shall establish an initiative under which 
the Secretary works with the Secretary of Labor, the Director of the 
National Science Foundation, the Critical Minerals Subcommittee of the 
National Science and Technology Council, the private sector, 
institutions of higher education, and workforce training entities to 
incentivize and expand participation in graduate, undergraduate, and 
vocational programs, and to develop workforce training programs and 
apprenticeships, relating to advanced critical material mining, 
separation, processing, recycling, metallurgy, and advanced equipment 
maintenance capabilities.
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