[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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