[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4834-S4838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2509. Mr. RUBIO (for himself, Mr. Warner, Mr. Hickenlooper, Mr. 
Cassidy, Mr. Coons, Mr. King, Mr. Tillis, and Mr. Kelly) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

 DIVISION E--GLOBAL STRATEGY FOR SECURING CRITICAL MINERALS ACT OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Global Strategy for 
     Securing Critical Minerals Act of 2024''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (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

[[Page S4835]]

     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 division.
       (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 this division 
     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 L--ENHANCING UNITED STATES DIPLOMATIC SUPPORT OF CRITICAL 
                           MATERIAL PROJECTS

     SEC. 5101. 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. 5102. 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. 5103. 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 LI--INCREASING FINANCIAL TOOLS TO SUPPORT ONSHORING OF CRITICAL 
                               MATERIALS

     SEC. 5201. 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. 5202. 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. 5203. 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

[[Page S4836]]

     Critical Minerals Act of 2024) and permanent magnets.''.

     SEC. 5204. 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 this division 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.

[[Page S4837]]

       (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 LII--INCREASING SUPPORT FOR ALLIED PARTNERSHIPS FOR CRITICAL 
           MATERIAL MAPPING, MINING, AND TECHNOLOGY RESEARCH

     SEC. 5301. 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. 5302. EXPANDING AUTHORITIES FOR CRITICAL MINERAL 
                   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 LIII--PUBLIC-PRIVATE COLLABORATION ON CRITICAL MATERIALS

     SEC. 5401. 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 this division 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. 5402. 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

[[Page S4838]]

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

     SEC. 5501. 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. 5502. 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 this division(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. 5503. PROHIBITION ON PROVISION OF FUNDS TO FOREIGN 
                   ENTITIES OF CONCERN.

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

                TITLE LV--WORKFORCE DEVELOPMENT EFFORTS

     SEC. 5501. 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.
                                 ______