II 

118TH CONGRESS 

2D SESSION S. 4712 

To increase support by the United States Government for critical minerals 

projects outside the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11 (legislative day, JULY 10), 2024 

Mr. WARNER (for himself, Mr. RUBIO, Mr. HICKENLOOPER, Mr. CASSIDY, Mr. 

COONS, Mr. KING, Mr. TILLIS, and Mr. KELLY) introduced the following 

bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To increase support by the United States Government for 

critical minerals projects outside the United States, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Global Strategy for Securing Critical Minerals Act of 

6 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definitions. 

TITLE I—ENHANCING UNITED STATES DIPLOMATIC SUPPORT OF 

CRITICAL MATERIAL PROJECTS 

Sec. 101. Streamlining diplomatic efforts relating to critical materials. 

Sec. 102. Codifying the Partnership for Global Infrastructure and Investment. 

Sec. 103. Establishment of diplomatic tool to support United States private 

sector critical material projects abroad. 

TITLE II—INCREASING FINANCIAL TOOLS TO SUPPORT 

ONSHORING OF CRITICAL MATERIALS 

Sec. 201. Support for critical materials projects by United States International 

Development Finance Corporation. 

Sec. 202. Authorization of support for critical material projects for which 

offtake is purchased by a United States entity. 

Sec. 203. Inclusion of critical materials in program on China and transformational exports. 

Sec. 204. Critical material metallurgy financing. 

TITLE III—INCREASING SUPPORT FOR ALLIED PARTNERSHIPS 

FOR CRITICAL MATERIAL MAPPING, MINING, AND TECHNOLOGY RESEARCH 

Sec. 301. Expanding collaboration with allies and partners on critical materials 

technologies and projects. 

Sec. 302. Expanding authorities for critical material projects to include allies 

and partners. 

TITLE IV—PUBLIC-PRIVATE COLLABORATION ON CRITICAL 

MATERIALS 

Sec. 401. Enhancing public-private sharing on manipulative adversary practices 

in critical material projects. 

Sec. 402. Coordinating government financial tools for public-private collaboration on critical material investments. 

TITLE V—COUNTERING THE PEOPLE’S REPUBLIC OF CHINA’S 

EFFORTS TO MANIPULATE CRITICAL MATERIAL MARKETS 

Sec. 501. Increased support for United States procurement of critical materials. 

Sec. 502. Report on imposition of duties on electromagnets, battery cells, electric storage batteries, and photovoltaic cells imported from certain countries. 

Sec. 503. Prohibition on provision of funds to foreign entities of concern. 

TITLE VI—WORKFORCE DEVELOPMENT EFFORTS 

Sec. 601. Workforce development initiative. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Select Committee on Intelligence, 

5 the Committee on Energy and Natural Re6 sources, the Committee on Commerce, Science, 

7 and Transportation, the Committee on Foreign 

8 Relations, the Committee on Armed Services, 

9 the Committee on Appropriations, the Com10 mittee on Banking, Housing, and Urban Af11 fairs, the Committee on Homeland Security and 

12 Governmental Affairs, and the Committee on 

13 Finance of the Senate; and 

14 (B) the Permanent Select Committee on 

15 Intelligence, the Committee on Energy and 

16 Commerce, the Committee on Foreign Affairs, 

17 the Committee on Armed Services, the Com18 mittee on Science, Space, and Technology, the 

19 Committee on Appropriations, the Committee 

20 on Financial Services, the Committee on Home21 land Security, and the Committee on Ways and 

22 Means of the House of Representatives. 

23 (2) CRITICAL MATERIAL.—The term ‘‘critical 

24 material’’ means a strategic or critical material, in25 cluding a rare earth element, that is necessary to 


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1 meet national defense or national security require2 ments, including requirements relating to supply 

3 chain resiliency, or for the economic security of the 

4 United States. 

5 (3) FOREIGN ENTITY.— 

6 (A) IN GENERAL.—The term ‘‘foreign enti7 ty’’ means— 

8 (i) a government of a foreign country; 

9 (ii) a foreign political party; 

10 (iii) an individual who is not— 

11 (I) a citizen or national of the 

12 United States; 

13 (II) an alien lawfully admitted 

14 for permanent residence to the United 

15 States; or 

16 (III) any other protected indi17 vidual (as defined in section 

18 274B(a)(3) of the Immigration and 

19 Nationality Act (8 U.S.C. 

20 1324b(a)(3))); and 

21 (iv) a partnership, association, cor22 poration, organization, or other combina23 tion of entities organized under the laws of 

24 or having its principal place of business in 

25 a foreign country. 


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1 (B) INCLUSIONS.—The term ‘‘foreign enti2 ty’’ includes— 

3 (i) any person owned by, controlled 

4 by, or subject to the jurisdiction or direc5 tion of an entity described in subparagraph 

6 (A); 

7 (ii) any person, wherever located, who 

8 acts as an agent, representative, or em9 ployee of an entity described in subpara10 graph (A); 

11 (iii) any person who acts in any other 

12 capacity at the order, request, or under the 

13 influence, direction, or control, of— 

14 (I) an entity described in sub15 paragraph (A); or 

16 (II) a person the activities of 

17 which are directly or indirectly super18 vised, directed, controlled, financed, or 

19 subsidized in whole or in majority 

20 part by an entity described in sub21 paragraph (A); 

22 (iv) any person who directly or indi23 rectly through any contract, arrangement, 

24 understanding, relationship, or otherwise, 

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1 terests of an entity described in subpara2 graph (A); 

3 (v) any person with significant re4 sponsibility to control, manage, or direct 

5 an entity described in subparagraph (A); 

6 (vi) any person, wherever located, who 

7 is a citizen or resident of a country con8 trolled by an entity described in subpara9 graph (A); and 

10 (vii) any corporation, partnership, as11 sociation, or other organization organized 

12 under the laws of a country controlled by 

13 an entity described in subparagraph (A). 

14 (4) FOREIGN ENTITY OF CONCERN.— 

15 (A) IN GENERAL.—The term ‘‘foreign enti16 ty of concern’’ means any foreign entity that 

17 is— 

18 (i) designated as a foreign terrorist 

19 organization by the Secretary of State 

20 under section 219 of the Immigration and 

21 Nationality Act (8 U.S.C. 1189); 

22 (ii) included on the list of specially 

23 designated nationals and blocked persons 

24 maintained by the Office of Foreign Assets 


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1 Control of the Department of the Treas2 ury; 

3 (iii) owned by, controlled by, or sub4 ject to the jurisdiction, direction, or other5 wise under the undue influence of a gov6 ernment of a covered nation (as defined in 

7 section 4872(d) of title 10, United States 

8 Code); 

9 (iv) alleged by the Attorney General 

10 to have been involved in activities for 

11 which a conviction was obtained under— 

12 (I) chapter 37 of title 18, United 

13 States Code (commonly known as the 

14 ‘‘Espionage Act’’); 

15 (II) section 951 or 1030 of title 

16 18, United States Code; 

17 (III) chapter 90 of title 18, 

18 United States Code (commonly known 

19 as the ‘‘Economic Espionage Act of 

20 1996’’); 

21 (IV) the Arms Export Control 

22 Act (22 U.S.C. 2751 et seq.); 

23 (V) section 224, 225, 226, 227, 

24 or 236 of the Atomic Energy Act of 


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1 1954 (42 U.S.C. 2274, 2275, 2276, 

2 2277, and 2284); 

3 (VI) the Export Control Reform 

4 Act of 2018 (50 U.S.C. 4801 et seq.); 

5 or 

6 (VII) the International Emer7 gency Economic Powers Act (50 

8 U.S.C. 1701 et seq.); or 

9 (v) determined by the Secretary, in 

10 consultation with the Secretary of Defense 

11 and the Director of National Intelligence, 

12 to be engaged in unauthorized conduct 

13 that is detrimental to the national security 

14 or foreign policy of the United States 

15 under this Act. 

16 (B) EXCLUSION.—The term ‘‘foreign enti17 ty of concern’’ does not include any entity with 

18 respect to which 1 or more foreign entities de19 scribed in subparagraph (A) owns less than 10 

20 percent of the equity interest. 

21 (5) INTELLIGENCE COMMUNITY.—The term 

22 ‘‘intelligence community’’ has the meaning given the 

23 term in section 3 of the National Security Act of 

24 1947 (50 U.S.C. 3003). 


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1 (6) METALLURGY.—The term ‘‘metallurgy’’ 

2 means the process of producing finished critical ma3 terial products from critical materials. 

4 (7) PERSON.—The term ‘‘person’’ includes an 

5 individual, partnership, association, corporation, or6 ganization, or any other combination of individuals. 

7 (8) UNITED STATES ENTITY.—The term 

8 ‘‘United States entity’’ means an entity organized 

9 under the laws of the United States or any jurisdic10 tion within the United States. 

11 TITLE I—ENHANCING UNITED 

12 STATES DIPLOMATIC SUP13 PORT OF CRITICAL MATERIAL 

14 PROJECTS 

15 SEC. 101. STREAMLINING DIPLOMATIC EFFORTS RELATING 

16 TO CRITICAL MATERIALS. 

17 (a) IN GENERAL.—Not later than 90 days after the 

18 date of the enactment of this Act, the Secretary of State, 

19 in consultation with the heads of other relevant Federal 

20 agencies, shall submit to the appropriate committees of 

21 Congress a report outlining United States offices and posi22 tions responsible for securing the supply chains of a di23 verse set of critical materials. 

24 (b) ELEMENTS.—The report required by subsection 

25 (a) shall— 


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1 (1) review the roles and responsibilities of of2 fices and positions within the Department of State 

3 engaged, as of the date of the enactment of this Act, 

4 in efforts to secure critical material supply chains 

5 and develop processes to ensure that those offices 

6 coordinate and deconflict such efforts; and 

7 (2) describe how those offices in the Depart8 ment of State are responsible for coordinating with 

9 other elements of the United States Government, the 

10 intelligence community, the private sector, and coun11 tries that are allies and partners of the United 

12 States. 

13 (c) BRIEFING REQUIRED.—Not later than 120 days 

14 after the date of the enactment of this Act, the Secretary 

15 shall brief the appropriate committees of Congress on the 

16 report required by subsection (a). 

17 SEC. 102. CODIFYING THE PARTNERSHIP FOR GLOBAL IN18 FRASTRUCTURE AND INVESTMENT. 

19 The Secretary of State shall seek to establish the 

20 Partnership for Global Infrastructure and Investment to 

21 coordinate the efforts of the United States Government 

22 in priority infrastructure sectors, including energy and bi23 ological supply chains, to ensure there is a whole-of-gov24 ernment approach to securing supply chain inputs, tech25 nologies, and infrastructure investments. 


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1 SEC. 103. ESTABLISHMENT OF DIPLOMATIC TOOL TO SUP2 PORT UNITED STATES PRIVATE SECTOR 

3 CRITICAL MATERIAL PROJECTS ABROAD. 

4 The Secretary of State shall identify an appropriate 

5 official or office of the Department of State to establish 

6 a mechanism and process for certifying if critical material 

7 projects carried out by United States entities have the 

8 support of the United States Government, which— 

9 (1) may include using the Blue Dot Network or 

10 another mechanism in existence as of the date of the 

11 enactment of this Act, as appropriate; and 

12 (2) shall include a process for ensuring that 

13 United States entities can engage with United 

14 States embassies in foreign countries to utilize the 

15 mechanism and process to secure support for 

16 pursing critical material projects in such countries. 

17 TITLE II—INCREASING FINAN18 CIAL TOOLS TO SUPPORT 

19 ONSHORING OF CRITICAL MA20 TERIALS 

21 SEC. 201. SUPPORT FOR CRITICAL MATERIALS PROJECTS 

22 BY UNITED STATES INTERNATIONAL DEVEL23 OPMENT FINANCE CORPORATION. 

24 Section 1412 of the Better Utilization of Investments 

25 Leading to Development Act of 2018 (22 U.S.C. 9612) 

26 is amended— 


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1 (1) in subsection (b)— 

2 (A) by striking ‘‘The purpose’’ and insert3 ing the following: 

4 ‘‘(1) IN GENERAL.—The purpose’’; 

5 (B) by striking ‘‘shall be to’’ and inserting 

6 the following: ‘‘shall be— 

7 ‘‘(A) to’’; 

8 (C) by striking ‘‘the United States.’’ and 

9 inserting the following: ‘‘the United States; and 

10 ‘‘(B) to provide support under title II in 

11 high-income economy countries for projects in12 volving development, processing, or recycling of 

13 critical materials if such support furthers the 

14 national security interests of the United 

15 States.’’; 

16 (D) by striking ‘‘In carrying out’’ and in17 serting the following: 

18 ‘‘(2) CONSIDERATION OF CERTAIN CRITERIA.— 

19 In carrying out’’; and 

20 (E) by adding at the end the following: 

21 ‘‘(3) DEFINITIONS.—For the purposes of para22 graph (1)(B): 

23 ‘‘(A) CRITICAL MATERIAL.—The term 

24 ‘critical material’ has the meaning given that 


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1 term in section 2 of the Global Strategy for Se2 curing Critical Minerals Act of 2024. 

3 ‘‘(B) HIGH-INCOME ECONOMY COUNTRY.— 

4 The term ‘high-income economy country’ means 

5 a country with a high-income economy, as de6 fined by the International Bank for Reconstruc7 tion and Development and the International 

8 Development Association (collectively referred 

9 to as the ‘World Bank’).’’; and 

10 (2) in subsection (c), by adding at the end the 

11 following: 

12 ‘‘(3) SUPPORT FOR FREELY ASSOCIATED

13 STATES.—Notwithstanding the income classification 

14 of the country with which the geopolitical entity is 

15 associated, the Corporation may provide support 

16 under title II to a geopolitical entity that is included, 

17 as of the date on which the support is provided, on 

18 the list of dependencies and areas of special sov19 ereignty prepared by the Department of State.’’. 

20 SEC. 202. AUTHORIZATION OF SUPPORT FOR CRITICAL MA21 TERIAL PROJECTS FOR WHICH OFFTAKE IS 

22 PURCHASED BY A UNITED STATES ENTITY. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


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1 (1) allies of the United States, such as Japan, 

2 South Korea, and European countries, provide fi3 nancial support for the importation of commodities 

4 essential for national security; and 

5 (2) given the locations of critical materials and 

6 the lack of existing mining, processing, refining, or 

7 recycling facilities for those materials, the United 

8 States must ensure that United States entities can 

9 compete for the offtake of critical materials in 

10 projects being carried out abroad, whether or not the 

11 project is operated by a United States entity. 

12 (b) STRATEGY REQUIRED.— 

13 (1) IN GENERAL.—The President of the Ex14 port-Import Bank of the United States shall develop 

15 a strategy for the issuance of guaranties, insurance, 

16 or extensions of credit, or the participation in the 

17 extension of credit, in connection with a project car18 ried out outside the United States if the offtake of 

19 the project is critical for a United States entity. 

20 (2) OUTREACH.—In developing the strategy re21 quired by paragraph (1), the President of the Bank 

22 shall conduct outreach to United States entities, in23 cluding automotive companies, to ensure that the 

24 United States private sector can adequately compete 

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1 cluding in the production of batteries necessary for 

2 the electric grid, transportation, and weapons and 

3 other defenses in the United States. 

4 SEC. 203. INCLUSION OF CRITICAL MATERIALS IN PRO5 GRAM ON CHINA AND TRANSFORMATIONAL 

6 EXPORTS. 

7 Section 2(l)(1)(B) of the Export-Import Bank Act of 

8 1945 (12 U.S.C. 635(l)(1)(B)) is amended— 

9 (1) by redesignating clause (xi) as clause (xii); 

10 and 

11 (2) by inserting after clause (x) the following: 

12 ‘‘(xi) Critical materials (as defined in 

13 section 2 of the Global Strategy for Secur14 ing Critical Minerals Act of 2024) and per15 manent magnets.’’. 

16 SEC. 204. CRITICAL MATERIAL METALLURGY FINANCING. 

17 (a) FINANCIAL ASSISTANCE PROGRAM.— 

18 (1) IN GENERAL.—The Secretary of Energy 

19 shall establish in the Department of Energy a pro20 gram to provide Federal financial assistance to cov21 ered entities to incentivize investment in covered fa22 cilities, subject to the availability of appropriations 

23 for that purpose. 

24 (2) PROCEDURE.— 


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1 (A) IN GENERAL.—A covered entity seek2 ing financial assistance under this subsection 

3 shall submit to the Secretary an application 

4 that describes the project for which the covered 

5 entity is seeking financial assistance. 

6 (B) ELIGIBILITY.—In order for a covered 

7 entity to qualify for financial assistance under 

8 this subsection, the covered entity shall dem9 onstrate to the Secretary, in the application 

10 submitted by the covered entity under subpara11 graph (A), that— 

12 (i) the covered entity has a docu13 mented interest in— 

14 (I) constructing a covered facil15 ity; or 

16 (II) expanding or technologically 

17 upgrading a facility owned by the cov18 ered entity to be a covered facility; 

19 and 

20 (ii) with respect to the project for 

21 which the covered entity is seeking finan22 cial assistance, the covered entity has— 

23 (I) been offered a covered incen24 tive; 


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1 (II) made commitments to work2 er and community investment, includ3 ing through— 

4 (aa) training and education 

5 benefits paid by the covered enti6 ty; and 

7 (bb) programs to expand 

8 employment opportunity for eco9 nomically disadvantaged individ10 uals; 

11 (III) secured commitments from 

12 regional educational and training enti13 ties and institutions of higher edu14 cation to provide workforce training, 

15 including programming for training 

16 and job placement of economically dis17 advantaged individuals; and 

18 (IV) an executable plan to sus19 tain a covered facility without addi20 tional Federal financial assistance 

21 under this subsection for facility sup22 port. 

23 (C) APPLICATION REVIEW.— 


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1 (i) IN GENERAL.—The Secretary may 

2 not approve an application submitted by a 

3 covered entity under subparagraph (A)— 

4 (I) unless the Secretary— 

5 (aa) confirms that the cov6 ered entity has satisfied the eligi7 bility criteria under subpara8 graph (B); 

9 (bb) determines that the 

10 project for which the covered en11 tity is seeking financial assist12 ance is in the interest of the 

13 United States; and 

14 (cc) has notified the appro15 priate committees of Congress 

16 not later than 15 days before 

17 making any commitment to pro18 vide an award of financial assist19 ance to any covered entity in an 

20 amount that exceeds 

21 $10,000,000; or 

22 (II) if the Secretary determines, 

23 in consultation with the Director of 

24 National Intelligence, that the covered 

25 entity is a foreign entity of concern. 


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1 (ii) CONSIDERATION.—In reviewing 

2 an application submitted by a covered enti3 ty under subparagraph (A), the Secretary 

4 may consider whether— 

5 (I) the covered entity has pre6 viously received financial assistance 

7 under this subsection; 

8 (II) the governmental entity of9 fering the applicable covered incentive 

10 has benefitted from financial assist11 ance previously provided under this 

12 subsection; 

13 (III) the covered entity has dem14 onstrated that the covered entity is re15 sponsive to the national security needs 

16 or requirements established by the in17 telligence community (or an agency 

18 thereof), the National Nuclear Secu19 rity Administration, or the Depart20 ment of Defense; 

21 (IV) if practicable, a consortium 

22 that is considered a covered entity in23 cludes a small business concern (as 

24 defined under section 3 of the Small 

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1 withstanding section 121.103 of title 

2 13, Code of Federal Regulations (or 

3 successor regulations); and 

4 (V) the covered entity intends to 

5 produce finished products for use by 

6 the Department of Defense, the de7 fense industry of the United States, 

8 or critical energy infrastructure. 

9 (iii) PRIORITIZATION.—To the max10 imum extent practicable, the Secretary 

11 shall prioritize awarding financial assist12 ance under this subsection to a covered en13 tity that intends to make finished products 

14 available for use by the Department of De15 fense, the defense industry of the United 

16 States, or critical energy infrastructure. 

17 (D) RECORDS.— 

18 (i) IN GENERAL.—The Secretary may 

19 request records and information from a 

20 covered entity that submitted an applica21 tion under subparagraph (A) to review the 

22 status of a covered entity. 

23 (ii) REQUIREMENT.—As a condition 

24 of receiving assistance under this sub25 section, a covered entity shall provide the 


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1 records and information requested by the 

2 Secretary under clause (i). 

3 (3) AMOUNT.— 

4 (A) IN GENERAL.—The Secretary shall de5 termine the appropriate amount and funding 

6 type for each financial assistance award pro7 vided to a covered entity under this subsection. 

8 (B) COST-SHARING REQUIREMENT.—The 

9 total amount of financial assistance that may be 

10 guaranteed by the Secretary under this sub11 section shall be not more than 100 percent of 

12 the private capital investment available to a 

13 covered entity for any individual project. 

14 (C) MINIMUM INVESTMENT.—The total 

15 Federal investment in any individual project re16 ceiving a financial assistance award under this 

17 subsection shall be not less than $20,000,000. 

18 (D) LARGER INVESTMENT.—The total 

19 Federal investment in any individual project re20 ceiving a financial assistance award under this 

21 subsection shall not exceed $500,000,000, un22 less the Secretary, in consultation with the Sec23 retary of Defense and the Director of National 

24 Intelligence, recommends to the President, and 

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1 priate committees of Congress, that a larger in2 vestment is necessary— 

3 (i) to significantly increase the pro4 portion of reliable domestic supply of fin5 ished critical material products relevant for 

6 national security and economic competi7 tiveness that can be met through domestic 

8 production; and 

9 (ii) to meet the needs of national se10 curity. 

11 (4) USE OF FUNDS.—A covered entity that re12 ceives a financial assistance award under this sub13 section may only use the financial assistance award 

14 amounts— 

15 (A) to finance the construction of a cov16 ered facility (including equipment) or the ex17 pansion or technological upgrade of a facility 

18 (including equipment) of the covered entity to 

19 be a covered facility, as documented in the ap20 plication submitted by the covered entity under 

21 paragraph (2)(A), as determined necessary by 

22 the Secretary for purposes relating to the na23 tional security and economic competitiveness of 

24 the United States; 


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1 (B) to support workforce development for 

2 a covered facility; and 

3 (C) to support site development and tech4 nological upgrade for a covered facility. 

5 (5) CLAWBACK.— 

6 (A) MAJOR AWARDS.— 

7 (i) IN GENERAL.—For all financial as8 sistance awards provided to covered enti9 ties under this subsection, the Secretary 

10 shall, at the time of making the award, de11 termine the target dates by which a cov12 ered entity shall commence and complete 

13 the applicable project. 

14 (ii) PROGRESSIVE RECOVERY FOR

15 DELAYS.—If the covered entity receiving a 

16 financial assistance award under this sub17 section does not complete the applicable 

18 project by the applicable target date deter19 mined under clause (i), the Secretary shall 

20 progressively recover up to the full amount 

21 of the award. 

22 (iii) WAIVER.—In the case of projects 

23 that do not meet the applicable target date 

24 determined under clause (i), the Secretary 

25 may waive the requirement to recover the 


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1 financial award provided for the project 

2 under clause (ii) after making a formal de3 termination that circumstances beyond the 

4 ability of the covered entity to foresee or 

5 control are responsible for the delay. 

6 (iv) CONGRESSIONAL NOTIFICA7 TION.— 

8 (I) IN GENERAL.—Not later than 

9 15 days after making a determination 

10 to recover an award under clause (ii), 

11 the Secretary shall notify the appro12 priate committees of Congress of the 

13 intent of the Secretary to recover the 

14 award. 

15 (II) WAIVERS.—Not later than 

16 15 days after the date on which the 

17 Secretary provides a waiver under 

18 clause (iii), the Secretary shall notify 

19 the appropriate committees of Con20 gress of the waiver. 

21 (B) JOINT RESEARCH, TECHNOLOGY LI22 CENSING, AND INTELLECTUAL PROPERTY RE23 PORTING.— 

24 (i) IN GENERAL.—Before entering 

25 into an agreement with a foreign entity to 


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1 conduct joint research or technology licens2 ing, or to share intellectual property, a 

3 covered entity that has received a financial 

4 assistance award under this subsection— 

5 (I) shall notify the Secretary of 

6 the intent to enter into such an agree7 ment; and 

8 (II) may only enter into such an 

9 agreement if the Secretary determines 

10 the foreign entity is not a foreign en11 tity of concern. 

12 (ii) DETERMINATION.—On receiving a 

13 notification under clause (i), the Secretary, 

14 in consultation with the Director of Na15 tional Intelligence, the Director of the Na16 tional Counterintelligence and Security 

17 Center, and the Director of the Federal 

18 Bureau of Investigation, shall make a de19 termination of whether the applicable for20 eign entity is a foreign entity of concern. 

21 (iii) TECHNOLOGY CLAWBACK.—The 

22 Secretary shall recover the full amount of 

23 a financial assistance award provided to a 

24 covered entity under this subsection if, 

25 during the applicable term of the award, 


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1 the covered entity knowingly engages in 

2 any joint research, technology licensing, in3 tellectual property sharing effort, or joint 

4 venture with a foreign entity of concern 

5 that relates to a technology or product that 

6 raises national security concerns, as deter7 mined by the Secretary, in consultation 

8 with the Director of National Intelligence, 

9 the Director of the National Counterintel10 ligence and Security Center, and the Direc11 tor of the Federal Bureau of Investigation, 

12 on the condition that the determination of 

13 the Secretary shall have been commu14 nicated to the covered entity before the 

15 covered entity engaged in the joint re16 search, technology licensing, or intellectual 

17 property sharing. 

18 (6) CONDITION OF RECEIPT.—A covered entity 

19 to which the Secretary awards Federal financial as20 sistance under this subsection shall enter into an 

21 agreement that specifies that, during the 5-year pe22 riod immediately following the award of the Federal 

23 financial assistance, the covered entity will not make 

24 shareholder distributions in excess of profits. 


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1 (b) COORDINATION REQUIRED.—In carrying out the 

2 program established under subsection (a), the Secretary 

3 shall coordinate with the Secretary of State, the Secretary 

4 of Defense, the Secretary of Homeland Security, and the 

5 Director of National Intelligence. 

6 (c) GAO REVIEWS.—The Comptroller General of the 

7 United States shall— 

8 (1) not later than 2 years after the date of dis9 bursement of the first financial award under the 

10 program established under subsection (a), and bien11 nially thereafter for 10 years, conduct a review of 

12 the program, which shall include, at a minimum— 

13 (A) a determination of the number of fi14 nancial assistance awards provided under the 

15 program during the period covered by the re16 view; 

17 (B) an evaluation of how— 

18 (i) the program is being carried out, 

19 including how recipients of financial assist20 ance awards are being selected under the 

21 program; and 

22 (ii) other Federal programs are lever23 aged for manufacturing, research, and 

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1 ance awards provided under the program; 

2 and 

3 (C) a description of the outcomes of 

4 projects supported by financial assistance 

5 awards provided under the program, including a 

6 description of— 

7 (i) covered facilities that were con8 structed or facilities that were expanded or 

9 technologically upgraded to be covered fa10 cilities as a result of financial assistance 

11 awards provided under the program; 

12 (ii) workforce training programs car13 ried out with financial assistance awards 

14 provided under the program, including ef15 forts to hire individuals from disadvan16 taged populations; and 

17 (iii) the impact of projects receiving 

18 financial assistance awards under the pro19 gram on the United States share of global 

20 finished critical material product produc21 tion; and 

22 (2) submit to the appropriate committees of 

23 Congress the results of each review conducted under 

24 paragraph (1). 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion— 

4 (1) $750,000,000 for each of fiscal years 2025 

5 and 2026; and 

6 (2) $200,000,000 for each of fiscal years 2027 

7 through 2029. 

8 (e) DEFINITIONS.—In this section: 

9 (1) COVERED ENTITY.—The term ‘‘covered en10 tity’’ means a private entity, a consortium of private 

11 entities, or a consortium of public and private enti12 ties, with a demonstrated ability to substantially fi13 nance, construct, expand, or technologically upgrade 

14 a covered facility. 

15 (2) COVERED FACILITY.—The term ‘‘covered 

16 facility’’ means a facility located in a State that car17 ries out the metallurgy or recycling of critical mate18 rials for the production of critical material products. 

19 (3) COVERED INCENTIVE.—The term ‘‘covered 

20 incentive’’ means— 

21 (A) an incentive offered by a Federal, 

22 State, local, or Tribal governmental entity to a 

23 covered entity for the purposes of— 


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1 (i) constructing within the jurisdiction 

2 of the governmental entity a covered facil3 ity; or 

4 (ii) expanding or technologically up5 grading an existing facility within that ju6 risdiction to be a covered facility; and 

7 (B) a workforce-related incentive (includ8 ing a grant agreement relating to workforce 

9 training or vocational education), any conces10 sion with respect to real property, funding for 

11 research and development with respect to crit12 ical materials and finished critical material 

13 products, and any other incentive determined 

14 appropriate by the Secretary, in consultation 

15 with the Secretary of State. 

16 (4) FINISHED CRITICAL MATERIAL PRODUCT.— 

17 The term ‘‘finished critical material product’’ means 

18 a product composed of significant quantities of crit19 ical materials, including— 

20 (A) metals; 

21 (B) alloys; and 

22 (C) permanent magnets. 

23 (5) PRIVATE CAPITAL.—The term ‘‘private cap24 ital’’ has the meaning given the term in section 103 


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1 of the Small Business Investment Act of 1958 (15 

2 U.S.C. 662). 

3 (6) STATE.—The term ‘‘State’’ means— 

4 (A) each of the several States of the 

5 United States; 

6 (B) the District of Columbia; 

7 (C) the Commonwealth of Puerto Rico; 

8 (D) Guam; 

9 (E) American Samoa; 

10 (F) the Commonwealth of the Northern 

11 Mariana Islands; 

12 (G) the Federated States of Micronesia; 

13 (H) the Republic of the Marshall Islands; 

14 (I) the Republic of Palau; and 

15 (J) the United States Virgin Islands. 

16 TITLE III—INCREASING SUP17 PORT FOR ALLIED PARTNER18 SHIPS FOR CRITICAL MATE19 RIAL MAPPING, MINING, AND 

20 TECHNOLOGY RESEARCH 

21 SEC. 301. EXPANDING COLLABORATION WITH ALLIES AND 

22 PARTNERS ON CRITICAL MATERIALS TECH23 NOLOGIES AND PROJECTS. 

24 (a) IN GENERAL.—The Secretary of the Interior shall 

25 increase collaboration and information sharing between 


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1 the geoscience organizations of Australia, Canada, South 

2 Korea, Japan, member countries of the North Atlantic 

3 Treaty Organization and non-NATO allies and partners, 

4 as the Secretary of the Interior determines to be appro5 priate, and the United States to include knowledge sharing 

6 on critical materials processing and recycling techniques 

7 and equipment. 

8 (b) APPLICATION.—Collaboration and information 

9 under subsection (a) shall extend to— 

10 (1) the Earth Mapping Resources Initiative es11 tablished by section 40201 of the Infrastructure In12 vestment and Jobs Act (43 U.S.C. 31l); and 

13 (2) the National Cooperative Geologic Mapping 

14 Program under section 4 of the National Geologic 

15 Mapping Act of 1992 (43 U.S.C. 31c). 

16 SEC. 302. EXPANDING AUTHORITIES FOR CRITICAL MATE17 RIAL PROJECTS TO INCLUDE ALLIES AND 

18 PARTNERS. 

19 (a) CRITICAL MINERALS MINING AND RECYCLING

20 RESEARCH.—Section 40210 of the Infrastructure Invest21 ment and Jobs Act (42 U.S.C. 18743) is amended— 

22 (1) in subsection (b), by striking paragraph (1) 

23 and inserting the following: 

24 ‘‘(1) IN GENERAL.—In order to support supply 

25 chain resiliency, the Secretary, in coordination with 


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1 the Director, and in collaboration with countries 

2 that are allies and partners of the United States, as 

3 the Secretary of State determines to be appropriate, 

4 shall issue awards, on a competitive basis, to eligible 

5 entities described in paragraph (2) to support basic 

6 research that will accelerate innovation to advance 

7 critical minerals mining, recycling, and reclamation 

8 strategies and technologies for the purposes of— 

9 ‘‘(A) making better use of domestic re10 sources; and 

11 ‘‘(B) eliminating national reliance on min12 erals and mineral materials that are subject to 

13 supply disruptions.’’; and 

14 (2) in subsection (c)(1), by inserting ‘‘, in col15 laboration with allied and partner countries, as the 

16 Secretary of State determines to be appropriate,’’ 

17 after ‘‘National Science and Technology Council (re18 ferred to in this subsection as the ‘Subcommittee’)’’. 

19 (b) USGS ENERGY AND MINERALS RESEARCH FA20 CILITY.—Section 40204 of the Infrastructure Investment 

21 and Jobs Act (43 U.S.C. 50e) is amended— 

22 (1) by redesignating subsection (f) as sub23 section (g); and 

24 (2) by inserting after subsection (e) the fol25 lowing: 


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1 ‘‘(f) COLLABORATION.—The United States Geologi2 cal Survey may collaborate with Australia and Canada on 

3 the energy and minerals research carried out at the facility 

4 described in subsection (a).’’. 

5 (c) RARE EARTH DEMONSTRATION FACILITY.—Sec6 tion 7001(c)(1) of the Energy Act of 2020 (42 U.S.C. 

7 13344(c)(1)) is amended inserting ‘‘and in coordination 

8 with academic communities in countries that are allies and 

9 partners of the United States, as the Secretary determines 

10 to be appropriate,’’ after ‘‘academic partner,’’. 

11 TITLE IV—PUBLIC-PRIVATE COL12 LABORATION ON CRITICAL 

13 MATERIALS 

14 SEC. 401. ENHANCING PUBLIC-PRIVATE SHARING ON MA15 NIPULATIVE ADVERSARY PRACTICES IN 

16 CRITICAL MATERIAL PROJECTS. 

17 (a) STRATEGY REQUIRED.—Not later than 90 days 

18 after the date of the enactment of this Act, the Director 

19 of National Intelligence shall, in consultation with the 

20 heads of such other Federal agencies as the Director con21 siders appropriate, develop a strategy to improve the shar22 ing between the Federal Government and private entities 

23 of information to mitigate the threat that illicit activities 

24 and tactics of foreign adversaries pose to United States 

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1 lating to energy generation and storage, including with re2 spect to critical materials inputs for those projects. 

3 (b) ELEMENTS.—The strategy required by subsection 

4 (a) shall address— 

5 (1) how best to assemble and transmit informa6 tion to United States entities— 

7 (A) to protect against illicit tactics and ac8 tivities of foreign adversaries relating to critical 

9 material projects outside the United States, in10 cluding efforts by foreign adversaries to under11 mine those projects; 

12 (B) to mitigate the risk that the involve13 ment of governments of foreign adversaries in 

14 the ownership and control of entities engaging 

15 in deceptive or illicit activities pose to the inter16 ests of the United States; and 

17 (C) to inform on economic espionage and 

18 other threats from foreign adversaries to the 

19 rights of owners of intellectual property, includ20 ing owners of patents, trademarks, copyrights, 

21 trade secrets, and other sensitive information, 

22 with respect to such property; and 

23 (2) how best to receive information from United 

24 States entities with respect to threats to United 

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1 ing disinformation campaigns abroad or other sus2 picious malicious activity. 

3 (c) IMPLEMENTATION PLAN REQUIRED.—Not later 

4 than 30 days after the date on which the Director com5 pletes developing the strategy required by subsection (a), 

6 the Director shall submit to the congressional intelligence 

7 committees (as defined in section 3 of the National Secu8 rity Act of 1947 (50 U.S.C. 3003)), or provide such com9 mittees a briefing on, a plan for implementing the strat10 egy. 

11 SEC. 402. COORDINATING GOVERNMENT FINANCIAL TOOLS 

12 FOR PUBLIC-PRIVATE COLLABORATION ON 

13 CRITICAL MATERIAL INVESTMENTS. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of the enactment of this Act, the Secretary of State 

16 shall, in coordination with the Chief Executive Officer of 

17 the United States International Development Finance 

18 Corporation, the President of the Export-Import Bank of 

19 the United States, and the Secretary of Energy, establish 

20 a mechanism to share information with the private sector 

21 on government financing tools available for investment in 

22 projects outside the United States relating to critical ma23 terials. 

24 (b) ELEMENTS.—The mechanism developed under 

25 subsection (a) shall include— 


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1 (1) a single point person or office to lead the 

2 effort to share information as described in that sub3 section; 

4 (2) a publicly accessible website that details the 

5 tools each relevant Federal agency has available to 

6 support private sector investment in projects de7 scribed in that subsection, including for each such 

8 tool at each such agency— 

9 (A) the criteria required to receive support 

10 pursuant to the relevant agency tool; 

11 (B) a point of contact to coordinate and 

12 advice on applying for that support; 

13 (C) how applications can be submitted; 

14 (D) the amount of funding available; and 

15 (E) a list of projects carried out with that 

16 support; 

17 (3) policies to ensure that, in cases in which 

18 due diligence and project vetting requirements are 

19 similar across Federal agencies, an application filed 

20 by an entity, if permitted by the entity, is shared 

21 across relevant agencies to avoid unnecessary dupli22 cation; 

23 (4) coordination of regular meetings of the rel24 evant Federal agencies— 


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1 (A) to coordinate projects and processes; 

2 and 

3 (B) to identify gaps in tools needed to sup4 port private sector investment in projects de5 scribed in subsection (a), including in coordina6 tion with the Minerals Investment Network for 

7 Vital Energy Security and Transition 

8 (MINVEST); and 

9 (5) a way for private sector entities to regularly 

10 engage with the relevant Federal agencies to identify 

11 potential gaps in United States support and tools for 

12 private industry attempting to invest in, operate, or 

13 secure critical material projects outside the United 

14 States. 

15 (c) REPORT REQUIRED.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, the Sec18 retary of State shall submit to the appropriate com19 mittees of Congress a report on the plan required by 

20 subsection (a), including each elements required 

21 under subsection (b). 

22 (2) FORM.—The report required by paragraph 

23 (1) shall be submitted in unclassified form, but may 

24 include a classified annex. 


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1 TITLE V—COUNTERING THE 

2 PEOPLE’S REPUBLIC OF CHI3 NA’S EFFORTS TO MANIPU4 LATE CRITICAL MATERIAL 

5 MARKETS 

6 SEC. 501. INCREASED SUPPORT FOR UNITED STATES PRO7 CUREMENT OF CRITICAL MATERIALS. 

8 (a) REPORT REQUIRED.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, the 

11 President shall submit to the appropriate commit12 tees of Congress a report setting forth a plan of ac13 tion for use of authorities, including a proposal for 

14 new or expanded authorities, to establish or enhance 

15 responsible domestic production and procurement ca16 pabilities, including through recycling, for critical 

17 materials and related materials. 

18 (2) ELEMENTS.—The report required by para19 graph (1) shall— 

20 (A) include an identification of defense21 critical end products that are reliant on rare 

22 earth elements and other critical materials for 

23 which domestic industrial capabilities are insuf24 ficient; 

25 (B) detail how the plan of action— 


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1 (i) aligns with existing Federal critical 

2 materials strategies and recommendations, 

3 including those developed pursuant to ap4 plicable Executive orders and statutes, to 

5 produce a holistic response to address crit6 ical material supply chain risks; and 

7 (ii) coordinates Federal authorities 

8 and interagency efforts to implement such 

9 strategies and recommendations, including 

10 by identifying implementation challenges 

11 and authorities or resources needed to 

12 complete implementation and reduce 

13 United States critical materials supply 

14 chain vulnerability; and 

15 (C) include recommendations to minimize 

16 adverse environmental and social impacts from 

17 the activities described in paragraph (1). 

18 (b) DOMESTIC DEFINED.—In this section, the term 

19 ‘‘domestic’’, with respect to production capabilities or pro20 curement capabilities for critical materials and related ma21 terials, means— 

22 (1) the production of such materials in a coun23 try specified in the definition of ‘‘domestic source’’ 

24 in section 702 of the Defense Production Act of 

25 1950 (50 U.S.C. 4552); or 


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1 (2) the procurement of such materials from a 

2 business concern described in that definition. 

3 SEC. 502. REPORT ON IMPOSITION OF DUTIES ON 

4 ELECTROMAGNETS, BATTERY CELLS, ELEC5 TRIC STORAGE BATTERIES, AND PHOTO6 VOLTAIC CELLS IMPORTED FROM CERTAIN 

7 COUNTRIES. 

8 (a) REPORT REQUIRED.—Not later than 90 days 

9 after the date of the enactment of this Act, the Secretary 

10 of the Treasury shall submit to the appropriate commit11 tees of Congress a report assessing the imposition of a 

12 duty on each article described in subsection (b). 

13 (b) ARTICLES DESCRIBED.—An article described in 

14 this subsection is an article classified under any of the 

15 following headings or subheadings of the Harmonized Tar16 iff Schedule of the United States: 

17 (1) 8505. 

18 (2) 8506. 

19 (3) 8507. 

20 (4) 8541.42.00. 

21 (5) 8541.43.00. 

22 (c) RECOMMENDATIONS.—The report required by 

23 subsection (a) shall include recommendations for— 

24 (1) appropriate ranges for the rate of duty to 

25 be applied to an article described in subsection (b) 


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1 that was produced or manufactured, or underwent 

2 final assembly, in a country other than— 

3 (A) an ally described in section 3(b)(2) of 

4 the Arms Export Control Act (22 U.S.C. 

5 2753(b)(2)); 

6 (B) a country designated by the President 

7 as a major non-NATO ally under section 517 of 

8 the Foreign Assistance Act of 1961 (22 U.S.C. 

9 2321k); 

10 (C) Mexico, if the United States-Mexico11 Canada Agreement, or a successor agreement, 

12 is in effect; 

13 (D) Costa Rica, El Salvador, Guatemala, 

14 Honduras, and the Dominican Republic, if the 

15 Dominican Republic-Central America Free 

16 Trade Agreement, or a successor agreement, is 

17 in effect; 

18 (E) Chile, if the United States-Chile Free 

19 Trade Agreement, or a successor agreement, is 

20 in effect; and 

21 (F) India, for a period of 10 years begin22 ning on the date of the enactment of this Act; 

23 and 

24 (2) the appropriate rate of duty to be applied 

25 to an article described in subsection (b) that was 


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1 produced or manufactured, or underwent final as2 sembly, in the People’s Republic of China. 

3 (d) ADDITIONAL ELEMENTS.—The assessment re4 quired by subsection (a) shall include— 

5 (1) a plan for implementing duties on articles 

6 described in subsection (b) at the rates rec7 ommended under subsection (c); and 

8 (2) an assessment of the risks and benefits of 

9 increasing the rates of duty on such articles over a 

10 period of time. 

11 SEC. 503. PROHIBITION ON PROVISION OF FUNDS TO FOR12 EIGN ENTITIES OF CONCERN. 

13 None of the funds authorized to be appropriated to 

14 carry out this Act may be provided to a foreign entity of 

15 concern. 

16 TITLE VI—WORKFORCE 

17 DEVELOPMENT EFFORTS 

18 SEC. 601. WORKFORCE DEVELOPMENT INITIATIVE. 

19 As soon as practicable, after the date of the enact20 ment of this Act, the Secretary of State shall establish 

21 an initiative under which the Secretary works with the 

22 Secretary of Labor, the Director of the National Science 

23 Foundation, the Critical Minerals Subcommittee of the 

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1 ing entities to incentivize and expand participation in 

2 graduate, undergraduate, and vocational programs, and to 

3 develop workforce training programs and apprenticeships, 

4 relating to advanced critical material mining, separation, 

5 processing, recycling, metallurgy, and advanced equipment 

6 maintenance capabilities. 

Æ 


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