[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5437-S5439]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3126. Mr. CARDIN 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 of subtitle F of title XII, add the following:
SEC. 1291. INTERNATIONAL COOPERATION TO SECURE CRITICAL
MINERAL SUPPLY CHAINS.
(a) Statement of Policy on Critical Mineral Supply
Chains.--It is the policy of the United States--
(1) to collaborate with allies and partners of the United
States to build secure and resilient critical minerals supply
chains, including in the mining, processing, and valuation of
critical minerals, as well as with respect to advanced
manufacturing that includes critical minerals;
(2) to prioritize the development and production of
critical minerals domestically, both to supply domestic needs
and for export to allies and partners that participate in
secure and resilient supply chains for critical minerals;
(3) to reduce or eliminate reliance and dependence on
critical mineral supply chains
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controlled by the PRC, the Russian Federation, Iran, or any
other adversary of the United States;
(4) to work with allies and partners on enhancing
evaluation capability and technology in trusted countries
that produce critical minerals to avoid the export of mined
and processed critical minerals to adversaries of the United
States;
(5) to identify and implement market-based incentives for
the purposes of facilitating the creation and maintenance of
secure and resilient critical mineral supply chains in
collaboration with allies and partners;
(6) to prioritize securing critical mineral supply chains
in United States foreign policy, including through the use of
economic tools to invest responsibly in projects in partner
countries in a manner that both benefits local populations
and bolsters the supply of critical minerals to the United
States and allies and partners of the United States; and
(7) that collaboration with allies and partners to build
secure and resilient critical mineral supply chains shall not
replace United States efforts to increase domestic
development and production of critical minerals.
(b) International Negotiations Relating to Protecting
Critical Mineral Supply Chains.--
(1) In general.--The President is authorized to negotiate
an agreement with international partners for the purposes of
establishing a coalition--
(A) to facilitate--
(i) the mining, processing, and supply of critical
minerals; and
(ii) advanced manufacturing that includes critical
minerals; and
(B) to secure an adequate supply of critical minerals and
relevant products, manufacturing inputs, and components that
are heavily dependent on critical mineral resources for the
United States and other members of the coalition (in this
subsection referred to as ``member countries'').
(2) Negotiating objectives.--The overall objectives for
negotiating an agreement described in paragraph (1) should
be--
(A) to establish mechanisms for member countries to build
secure and resilient supply chains for critical minerals,
including in--
(i) the mining, refinement, processing, and valuation of
critical minerals; and
(ii) advanced manufacturing of products, components, and
materials that are dependent on critical minerals;
(B) to improve economies of scale and joint cooperation
with international partners in securing access and means of
production throughout the supply chains of critical minerals
and manufacturing processes dependent on critical minerals;
(C) to establish mechanisms, with appropriate market-based
disciplines, that provide and maintain opportunities among
member countries for creating industry economies of scale to
attract joint investment among those countries, including--
(i) cooperation on joint projects, including cost-sharing
on building appropriate infrastructure to access deposits of
critical minerals; and
(ii) creation or enhancement of national and international
programs to support the development of robust industries by
providing appropriate sector-specific incentives, such as
political risk and other insurance opportunities, financing,
and other support, for--
(I) mining and processing critical minerals;
(II) manufacturing of products, components, and materials
that are dependent on critical minerals and are essential to
consumer technology products or have important national
security implications; and
(III) associated transportation needs that are tailored to
the handling, movement, and logistics management of critical
minerals and products, components, and materials that are
dependent on critical minerals;
(D) to establish market-based rules for member countries
regarding adoption of qualifying tax and other incentives to
stimulate investment, as balanced by market-based disciplines
to ensure a fair playing field among those countries;
(E) to establish recommended best practices to protect--
(i) labor rights;
(ii) the natural environment and ecosystems near critical
mineral industrial sites; and
(iii) safety of communities near critical mineral
industrial activities;
(F) to advance economic growth in developing countries with
critical mineral reserves, including for the benefit of the
citizens of those countries;
(G) to establish rules allowing for the establishment of a
consortium that is resourced and empowered to bid and compete
in acquiring and securing potential deposits of critical
minerals in countries that are not members of the coalition
described in paragraph (1) (in this subsection referred to as
``nonmember countries'');
(H) to establish a mechanism for joint resource mapping
with procedures for equitable sharing of information on
potential deposits of critical minerals not less frequently
than annually;
(I) to establish appropriate mechanisms for the recognition
and enforcement by a member country of judgments relating to
environmental and related harms caused by mining operations
within such member country in contravention of that country's
laws; and
(J) to improve supply chain security among member countries
by providing for national treatment investment protections
among those countries that are equal to, or better than, the
standards in the United States model bilateral investment
treaty.
(c) Minerals Security Partnership Authorization.--
(1) In general.--The Secretary of State, acting through the
Under Secretary of State for Economic Growth, Energy, and the
Environment, is authorized to lead United States
participation in the ``Minerals Security Partnership'', for
the following purposes:
(A) To identify and support investment and advocate for
commercial critical mineral mining, processing, and refining
projects that enable robust and secure critical mineral
supply chains, in consultation with other Federal agencies,
as appropriate.
(B) To coordinate with relevant regional bureaus to develop
regional diplomatic engagement strategies related to critical
minerals projects and to identify projects that are
priorities.
(C) To coordinate with United States missions abroad on
projects, programs, and investments that enable robust and
secure critical mineral supply chains.
(D) To coordinate with current and prospective members of
the Minerals Security Partnership.
(E) To establish a mechanism for information-sharing with
members of the Minerals Security Partnership.
(F) To establish policies and procedures, and if necessary,
to provide funding to facilitate cooperation on joint
projects with members of the Minerals Security Partnership
and the Mineral Security Forum, including those related to
cost-sharing agreements, political risk insurance, financing,
equity investments, and other support, in coordination with
other Federal agencies, as appropriate.
(G) If an agreement described in subsection (b) is entered
into, to support the establishment of the coalition described
in that subsection.
(2) Database.--As part of the Minerals Security
Partnership, the Secretary, acting through the Under
Secretary, is authorized to establish and maintain a database
of critical mineral projects for the purpose of providing
high quality and up-to-date information to the private sector
in order to spur greater investment, increase the resilience
of global critical minerals supply chains, and boost United
States supply.
(3) Qualifications for personnel.--With respect to staffing
personnel to carry out the Minerals Security Partnership, the
Secretary shall prioritize individuals with the following
qualifications:
(A) Substantive knowledge and experience in issues related
to critical minerals supply chain and their application to
strategic industries, including in the defense, energy, and
technology sectors.
(B) Substantive knowledge and experience in large-scale
multi-donor project financing and related technical and
diplomatic arrangements, international coalition-building,
and project management.
(C) Substantive knowledge and experience in trade and
foreign policy, defense-industrial base policy, or national
security-sensitive supply chain issues.
(4) Private sector coordination.--The Secretary of State
shall ensure close coordination between the Department of
State, the private sector, and relevant civil society groups
on the implementation of this subsection.
(5) Project selection.--
(A) In general.--The United States, through its
participation in the Minerals Security Partnership, shall
prioritize projects that advance the national and economic
security interests of the United States and allies and
partners of the United States.
(B) Criteria requirements.--The United States should
advocate for the Minerals Security Partnership to use
environmental, social, or governance standards, including as
criteria for project selection, that are consistent with
United States law or international agreements approved by
Congress.
(d) United States Membership in the International Nickel
Study Group.--
(1) United states membership.--The President is authorized
to accept the Terms of Reference of and maintain membership
of the United States in the International Nickel Study Group
(INSG).
(2) Payments of assessed contributions.--For fiscal year
2024 and thereafter, the United States assessed contributions
to the INSG may be paid from funds appropriated for
``Contributions to International Organizations''.
(e) Critical Mineral Defined.--In this section, the term
``critical mineral''--
(1) has the meaning given the term in section 7002 of the
Energy Act of 2020 (30 U.S.C. 1606); and
(2) includes any other mineral or mineral material
determined by the Secretary of State--
(A) to be essential to the economic or national security of
the United States; and
(B) to have a supply chain vulnerable to disruption.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of State $75,000,000 for
fiscal year 2025 to enhance critical mineral supply chain
security, including to implement this section.
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