[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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