[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.
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