[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4840-S4841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2514. Mr. RUBIO 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--UNITED STATES-PHILIPPINES PARTNERSHIP ACT OF 2024
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``United States-Philippines Partnership Act of 2024''.
TITLE LI--ECONOMIC MEASURES
SEC. 5101. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Finance, and the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Ways
and Means, and the Committee on Energy and Commerce of the
House of Representatives.
(2) Critical mineral.--The term ``critical mineral'' has
the meaning given that term in section 7002(a) of the Energy
Act of 2020 (30 U.S.C. 1606(a)).
(3) Foreign entity of concern.--The term ``foreign entity
of concern'' means an entity organized under the laws of or
otherwise subject to the jurisdiction of--
(A) the People's Republic of China;
(B) the Russian Federation;
(C) the Islamic Republic of Iran; or
(D) the Democratic People's Republic of Korea.
SEC. 5102. NEGOTIATION OF CRITICAL MINERALS AGREEMENT WITH
THE PHILIPPINES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall seek
to enter into negotiations with the Philippines for an
executive agreement relating to critical minerals that--
(1) requires that duties not be imposed on the export of on
critical minerals;
(2) provides for domestic measures to address nonmarket
polices and practices of other countries affecting trade in
critical minerals;
(3) implements best practices for reviewing investments
within the critical mineral sector of the Philippines by
foreign entities of concern;
(4) promotes more efficient methods of extraction of
critical minerals that reduces the demand for the extractions
of virgin materials;
(5) establishes engagement, information-sharing, and
enforcement processes to address concerns relating to the use
of forced labor in the critical mineral industry; and
(6) promotes the neutrality of employers in the
organization and operations of labor organizations.
(b) Briefings Required.--Not later than 1 year after the
date of the enactment of this Act, and every 180 days
thereafter until an agreement described in subsection (a)
enters into force, the Secretary of State, the United States
Trade Representative, and the heads of other relevant Federal
agencies, shall brief the appropriate congressional
committees on progress in negotiating such an agreement.
SEC. 5103. PRIORITIZATION OF SUPPORT BY UNITED STATES
INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
FOR PROJECTS IN THE PHILIPPINES IN CRITICAL
MINERALS AND FOSSIL FUELS.
(a) In General.--In providing support under title II of the
Better Utilization of Investments Leading to Development Act
of 2018 (22 U.S.C. 9621 et seq.), the United States
International Development Finance Corporation (in this
section referred to as the ``Corporation'') shall prioritize
the provision of support to projects in the Philippines in
sectors the Government of the Philippines is seeking to
develop, including the mining of critical minerals and fossil
fuels.
(b) Report Required.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter until
the date that is 5 years after such date of enactment, the
Chief Executive Officer of the Corporation shall submit to
the appropriate congressional committees a report that--
(1) lists all the critical mineral and fossil fuel projects
in the Philippines for which the Corporation provided support
in the one-year period preceding submission of the report;
(2) lists all the applications for support for such
projects that the Corporation rejected; and
(3) provides a justification for rejecting such
applications.
SEC. 5104. INTERAGENCY PLAN FOR INFRASTRUCTURE DEVELOPMENT IN
THE PHILIPPINES TO SUPPORT MILITARY AND
DISASTER RECOVERY OPERATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall--
(1) lead an interagency effort to assess investments of the
United States in the Philippines; and
(2) develop a plan for how such investments can better
enable efficient transportation during a conflict or other
emergency scenario.
(b) Identification of Infrastructure Requiring Additional
Investment.--The plan required by subsection (a)(2) shall--
(1) identify--
(A) infrastructure in the Philippines that the Secretary
determines is insufficient to support military and disaster
recovery operations; and
(B) any asset that would assist the military of the
Philippines in the event of an attack on the Philippines; and
(2) assess whether any of such assets require additional
investment by the United States to assist the military of the
Philippines in the event of an attack.
(c) Identification of Additional United States Agencies to
Make Investments.--The plan required by subsection (a)(2)
shall identify United States Government agencies, such as the
Office of Strategic Capital of the Department of Defense,
that--
(1) are not involved, as of the date of the enactment of
this Act, in infrastructure investment in the Philippines;
and
(2) could make investments that could assist the Government
of the Philippines respond to an attack on the Philippines.
TITLE LII--DIPLOMATIC MEASURES
SEC. 5201. STATEMENT OF POLICY REGARDING CHINA'S ILLEGAL,
COERCIVE, AGGRESSIVE, AND DECEPTIVE TACTICS IN
THE SOUTH CHINA SEA.
(a) In General.--It is the policy of the United States that
the actions of the People's Republic of China in the South
China Sea constitute illegal, coercive, aggressive, and
deceptive (ICAD) tactics.
(b) Sense of Congress.--It is the sense of Congress that
the United States Government should describe actions of the
People's Republic of China in the South China Sea as ICAD
tactics and that doing so would help the diplomatic efforts
of the Government of the Philippines.
SEC. 5202. MULTILATERAL AGREEMENT BETWEEN THE UNITED STATES,
THE PHILIPPINES, THE REPUBLIC OF KOREA, AND
JAPAN.
There is authorized to be appropriated $5,000,000 for the
Department of State and the United States Agency for
International Development for fiscal year 2025 to support
activities related to entering into and implementing a
multilateral agreement with the Philippines, the Republic of
Korea, and Japan for purposes of responding to actions of the
People's Republic of China in the South China Sea.
TITLE LIII--MILITARY MEASURES
SEC. 5301. UNITED STATES-PHILIPPINES SECURITY CONSULTATIVE
COMMITTEE.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State and the
Secretary of Defense shall establish a consultative committee
(to be known as the ``United States-Philippines Security
Consultative Committee'') to include the Minister of Foreign
Affairs and the Minister of Defense of the Philippines in the
development of a strategy for jointly strengthening the
national security and defense institutions of the Philippines
and the capacity of such institutions to carry out operations
across the Philippines (including inland and maritime areas)
relating to--
(1) counterterrorism and counterinsurgency;
(2) counternarcotics and countering other forms of illicit
trafficking;
[[Page S4841]]
(3) cyber defense and prevention of cyber crimes; and
(4) border and maritime security and air defense.
(b) Additional Elements.--The United States-Philippines
Security Consultative Committee shall evaluate--
(1) existing technologies, equipment, and weapons systems
of the national security and defense institutions of the
Philippines; and
(2) the upgrades to such technologies, equipment, and
systems necessary to ensure the continued defense of the
national sovereignty and national territory of the
Philippines.
(c) Bilateral Security and Defense Cooperation.--Not later
than 180 days after the establishment of the United States-
Philippines Security Consultative Committee, the Secretary of
State, in coordination with the Secretary of Defense, may
enter into consultations with the Government of Philippines
to strengthen existing, or establish new, bilateral security
and defense cooperation agreements or lines of effort to
address capacity-building and resource needs identified by
the consultative committee.
(d) Briefings.--
(1) Consultative committee.--Not later than 30 days after
the date on which the United States-Philippines Security
Consultative Committee is established, and not later than 15
days after any meeting of the United States-Philippines
Security Consultative Committee thereafter, the Secretary of
State and the Secretary of Defense shall, on request by any
of the appropriate committees of Congress, jointly brief the
appropriate committees of Congress on progress made by the
consultative committee.
(2) Bilateral security and defense cooperation.--Not later
than 30 days after the completion of any consultation with
the Government of Philippines under subsection (c), the
Secretary of State and the Secretary of Defense shall brief
the appropriate committees of Congress on the implementation
of agreed upon areas of cooperation or lines of effort.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 5302. REPORT ON DOMAIN AWARENESS GAPS OF THE
PHILIPPINES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on gaps in the domain awareness of the Philippines
that may be filled by broader Department of Defense
resourcing of new capabilities.
SEC. 5303. ASSESSMENT OF AND REPORT ON IMPROVEMENTS IN SECOND
THOMAS SHOAL REGION OF THE PHILIPPINES.
(a) Assessment.--The Secretary of Defense shall assess the
feasibility of improving the force posture of the United
States Armed Forces capable of deterring, in cooperation with
the military forces of the Philippines, hostile acts against
the Philippines with respect to the Second Thomas Shoal,
including an assessment of potential funding sources to
execute the planning for and design of improvements to the
position of the BRP Sierra Madre. The Secretary shall carry
out such assessment not later than 180 days after enactment
of this Act, and produce a report to Congress on joint
efforts between the Department of Defense and the Philippines
to harden positions near the Second Thomas Shoal.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Congress a report on the assessment carried out under
subsection (a) and joint efforts between the Department of
Defense and the Philippines to harden positions near the
Second Thomas Shoal.
______