119-hr4350

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4350 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4350

 To establish a loan program to expand capabilities to manufacture 
 critical materials to secure the United States supply chain, to amend 
 the Internal Revenue Code of 1986 to provide credits for qualified 
 investments into critical material facilities and production credits 
 for manufacturing critical materials, and to authorize cross-cutting 
 research, development, and demonstration activities relating to 
 critical material supply chains, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 10, 2025

 Ms. Stevens (for herself and Mr. Clyburn) introduced the following 
 bill; which was referred to the Committee on Ways and Means, and in 
 addition to the Committees on Energy and Commerce, Natural Resources, 
 Education and Workforce, and Science, Space, and Technology, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
 committee concerned

_______________________________________________________________________

 A BILL

 To establish a loan program to expand capabilities to manufacture 
 critical materials to secure the United States supply chain, to amend 
 the Internal Revenue Code of 1986 to provide credits for qualified 
 investments into critical material facilities and production credits 
 for manufacturing critical materials, and to authorize cross-cutting 
 research, development, and demonstration activities relating to 
 critical material supply chains, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Unearth America's 
Future Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--RESILIENT EXPANSION OF STRATEGIC INDUSTRIES

Sec. 101. Sense of Congress.

Sec. 102. National center for secure and transparent critical material 
 supply chains.

Sec. 103. Loan program for resilient critical material supply chains.

Sec. 104. Required collaboration.

Sec. 105. Material supply chain public-private partnership.

Sec. 106. Authorization of appropriations.

Sec. 107. Termination.

Sec. 108. Definitions.
 TITLE II--CRITICAL MATERIAL TAX CREDITS

Sec. 201. Critical material investment tax credit.

Sec. 202. Critical material production tax credit.

Sec. 203. Consultation.
 TITLE III--CRITICAL MATERIAL RESEARCH AND DEVELOPMENT

Sec. 301. Clarifying mining research at the National Science 
 Foundation.

Sec. 302. Clarifying mining research at the Department of Energy.

Sec. 303. Critical materials research and development.

Sec. 304. Critical material standards and metrology.

Sec. 305. Critical materials demonstration.

Sec. 306. Definitions.

 TITLE I--RESILIENT EXPANSION OF STRATEGIC INDUSTRIES

SEC. 101. SENSE OF CONGRESS.

 It is the sense of Congress that the Secretary of Commerce, in 
consultation with the Secretary of State, should carry out the actions 
and collaborations authorized by this title in a manner that--

    (1) strengthens the security and resiliency of the critical 
 material supply chain for the national, energy, and economic 
 security of the United States, including through--
        (A) prioritizing expanded domestic capabilities; 
 and
        (B) expanding foreign capabilities to support such 
 expanded domestic capabilities;

    (2) promotes innovative technologies, materials, and 
 techniques to create secure supply chains while preventing 
 environmental degradation;

    (3) supports industrial decarbonization throughout the 
 supply chain;

    (4) defends worker rights through strong workplace 
 protections, including through neutrality agreements, and 
 removes human rights violations across the supply chain;

    (5) supports community engagement and consultation to 
 prevent disenfranchisement and other environmental injustices 
 from occurring; and

    (6) grows the economic strength and bolsters the leadership 
 of the manufacturing sector of the United States, including its 
 workforce.

SEC. 102. NATIONAL CENTER FOR SECURE AND TRANSPARENT CRITICAL MATERIAL 
 SUPPLY CHAINS.

    (a) Establishment.--The Secretary of Commerce, in consultation with 
the Secretary of State, and through the collaboration required under 

section 104, shall establish a national center (in this title referred 
to as the ``Center'') in the Department of Commerce to support the 
security and resilience of the critical material supply chain by 
advancing policy recommendations, best practices, and other activities 
to create a critical material supply chain with the following 
characteristics:

    (1) Security and resiliency against supply chain 
 disruptions.

    (2) Environmental sustainability.

    (3) Workforce security and safety.

    (4) Innovativeness.

    (b) Functions.--The functions of the Center shall be as follows:

    (1) To study and report on emerging trends, opportunities, 
 and challenges of the critical material supply chain to provide 
 the Federal Government a robust understanding of such supply 
 chain, including--
        (A) market dynamics;
        (B) pricing and availability dynamics; and
            (C) transparency and traceability.

    (2) To study, report, and provide recommendations to the 
 Federal Government on current and future policies that the 
 United States and the partners and allies of the United States 
 should evaluate to promote the security and resilience of the 
 critical material supply chain.

    (3) To promote environmental sustainability in the critical 
 material supply chain by--
        (A) disseminating information on relevant best 
 practices; and
        (B) providing technical assistance and other 
 resources, as determined by the head of the Center as 
 appropriate and not duplicative of other technical 
 assistance and resources provided by the Federal 
 Government, to such industry to support the adoption 
 of--
            (i) environmental protection practices, 
 including the use of emerging technologies, to 
 prevent environmental degradation within 
 extraction processes;
            (ii) industrial decarbonization practices;
            (iii) innovative downstream applications of 
 critical materials, including qualified 
 substitutes to decrease reliance on supply 
 chains vulnerable to foreign disruptions; and
            (iv) practices that improve the ability of 
 critical materials to be recycled and reused to 
 support circular economies (as defined in 
 

section 2 of the Save Our Seas 2.0 Act (33 
 U.S.C. 4201)).

    (4) To strengthen the workforce for the critical material 
 supply chain industry, including through education and 
 workforce pathways and the dissemination of best practices, in 
 collaboration with the Secretary of Labor, that ensure wage 
 rates are determined by free bargaining between labor and 
 management.

    (5) To strengthen the innovation ecosystem related to the 
 critical material supply chain industry.

    (6) To collaborate with allies of the United States to 
 support the development of resilient supply chains for critical 
 materials, including through creating innovative partnerships 
 with such allies and other organizations.
            (c) Study Publication.--The head of the Center shall make publicly 
available on a website of the Center each report created by the Center 
pursuant to paragraph

    (1) or

    (2) of subsection

    (b) .

SEC. 103. LOAN PROGRAM FOR RESILIENT CRITICAL MATERIAL SUPPLY CHAINS.

    (a) Establishment.--Not later than 1 year after the date of the 
enactment of this Act and subject to the availability of 
appropriations, the Secretary of Commerce, acting through the head of 
the Center and in consultation with the Secretary of State and in 
collaboration with the heads of the Federal agencies and departments 
described in 

section 104

    (a) , shall establish a program to make or 
guarantee loans made to covered entities to acquire, establish, or 
enhance facilities related to developing domestic and foreign critical 
material manufacturing capabilities for the national, energy, and 
economic security of the United States.

    (b) Eligibility.--A covered entity shall be eligible for a loan 
made or guaranteed under this section if the covered entity meets each 
of the following criteria:

    (1) The covered entity has a specific plan to use such loan 
 for constructing, expanding, modernizing, or repurposing a 
 facility, including the acquisition of relevant specialized 
 equipment or a facility manufacturing such relevant specialized 
 equipment, in the United States or in a foreign country of 
 interest, for critical material manufacturing.

    (2) The covered entity has an executable plan that supports 
 resilient supply chains for the national, energy, and economic 
 security of the United States, including by identifying--
        (A) the type of critical material, including 
 qualified substitute and byproducts, the covered entity 
 will produce at the facility described in paragraph

    (1) ;
        (B) the customers or categories of customers, to 
 which the covered entity plans to sell the critical 
 materials so produced;
            (C) the benefit of such planned sales to the 
 security and resilience of the critical material supply 
 chain within the United States, including consideration 
 of any secondary effects strengthening a relevant 
 supply chain with an allied country; and
            (D) the risks to the supply chains of critical 
 materials for the facility described in paragraph

    (1) with respect to which the covered entity is seeking a 
 loan or loan guarantee under this section that the 
 covered entity must mitigate, including risks 
 associated with access, availability, confidentiality, 
 integrity, transparency, and any lack of geographic 
 diversification in such critical material supply 
 chains.

    (3) The covered entity and the operation of the proposed 
 facility will support and expand existing actions taken by the 
 United States Government, including through the Department of 
 Defense and the Department of Energy, to strengthen the 
 resiliency of the critical material supply chain.

    (4) The covered entity--
        (A) can operate the facility on an ongoing basis, 
 in accordance with subparagraphs
        (A) ,
        (B) , and
            (C) of 
 paragraph

    (2) , without depending on additional Federal 
 assistance;
        (B) can reasonably repay such loan; and
            (C) meets such other standards for financial health 
 as determined appropriate by the Secretary.

    (5) The covered entity--
        (A) will not use funds received under such loan 
 with respect to activities or operations located in a 
 foreign country of concern or a nonmarket economy 
 country;
        (B) is not organized under the laws of a foreign 
 country of concern or a nonmarket economy country or of 
 any jurisdiction within such a country;
            (C) is not owned, controlled, or operated by a 
 foreign entity of concern;
            (D) is not otherwise in a partnership or 
 association with a foreign entity of concern; and
        (E) is not engaged in any joint research or 
 technology licensing effort for any innovative 
 technology, material, or technique for the critical 
 material supply chain with a foreign entity of concern 
 or a foreign country of concern.

    (6) The covered entity has a specific plan to follow 
 existing procurement policies as implemented by the core jobs 
 mandate in 

section 2

    (a)

    (1) of the Export-Import Bank Act of 
 1945 (12 U.S.C. 635

    (a)

    (1) ).
            (c) Additional Considerations for Review.--In determining whether 
to make or guarantee a loan to a covered entity under this section with 
respect to a facility described in subsection

    (b)

    (1) , the Secretary 
shall consider--

    (1) whether the covered entity has an executable plan with 
 respect to such facility to carry out--
        (A) development of the local workforce by creating 
 and expanding educational and workforce pathways, 
 including pathways developed through engagement with 
 relevant local entities in the community in which such 
 facility is or will be located; and
        (B) to the greatest extent possible, environmental 
 sustainability initiatives, including the use of a 
 relevant industrial decarbonization practice or 
 environmentally benign mining practices, as appropriate 
 to such facility; and

    (2) with respect to a covered entity seeking a loan made or 
 guaranteed for a facility located in a foreign country of 
 interest, such additional factors as the Secretary, in 
 consultation with the Secretary of State and the United States 
 Trade Representative, may determine necessary to ensure that--
        (A) the covered entity will not use forced or child 
 labor or use other practices that create unduly 
 dangerous workplace conditions that are not consistent 
 with the laws of the United States;
        (B) the covered entity will meet or exceed United 
 States permissible air and water quality standards as 
 defined under 

section 101 of the Clean Air Act (42 
 U.S.C. 7401) and 

section 101 of the Federal Water 
 Pollution Control Act (33 U.S.C. 1251), and, to the 
 greatest extent possible, prevent environmental 
 degradation related to the construction and operation 
 of the facility, including through the use of relevant 
 industrial decarbonization practices and 
 environmentally benign mining practices;
            (C) the covered entity is not subject to covered 
 trade action; and
            (D) the facility will not be located in a foreign 
 country of concern or a nonmarket economy country or be 
 associated with a foreign entity of concern, including 
 through existing or future partnerships between the 
 covered entity and any foreign entity of concern or an 
 associated subsidiary.
            (d) Expedited Review.--The Secretary may waive subsection
            (c) with 
respect to a loan guarantee under this section for a loan with respect 
to a facility described in subsection

    (b)

    (1) if such facility is 
located within the United States.

    (e) Prioritization.--In making or guaranteeing loans under this 
section, the Secretary shall prioritize loans with respect to 
facilities that--

    (1) expand the domestic supply of critical materials that 
 the Secretary determines necessary to the--
        (A) the national security and defense of the United 
 States;
        (B) the energy security and independence of the 
 United States; and
            (C) the economic competitiveness of the United 
 States;

    (2) have not been supported by prior direct investment 
 (excluding research, development, or demonstration support) by 
 the Department of Defense, the Department of Energy, or any 
 other Federal department or agency, unless the Secretary 
 determines that making or guaranteeing such loan is in the best 
 interest of carrying out the purposes described in paragraph

    (1) , including a loan to a covered entity with respect to a 
 facility or activity to expand the domestic supply of such 
 critical minerals that was supported by a prior Federal award; 
 and

    (3) purchase United States-made goods and services, 
 including mining equipment, machinery, iron, steel, and other 
 goods required to for critical material manufacturing.

    (f) Notification.--Not later than 15 days before making or 
guaranteeing a loan under this section that exceeds $100,000,000, the 
Secretary shall notify the appropriate committees of Congress of such 
loan.

    (g) Conditions of Loans and Loan Guarantees.--

    (1) Application.--
        (A) In general.--A covered entity seeking a loan 
 made or guaranteed under this section shall submit to 
 the Secretary an application at such time, in such 
 manner, and containing such information as the 
 Secretary determines appropriate, including such 
 records and other information the Secretary determines 
 appropriate to determine the eligibility of a covered 
 entity and whether the facility with respect to which 
 such covered entity is seeking such loan is in the 
 interest of the United States.
        (B) Guaranteed loans.--In addition to the 
 information required to be included in the application 
 under subparagraph
        (A) and subject to subsection
            (d) , a 
 covered entity seeking a loan guaranteed under this 
 section shall include in such application such 
 information as the Secretary determines appropriate to 
 determine whether the loan with respect to which such 
 covered entity is seeking such guarantee is eligible to 
 be guaranteed under this section, including the lender 
 making such loan and the terms and conditions of such 
 loan.

    (2) Rates, terms, and repayments of loans.--A loan made or 
 guaranteed under this section shall--
        (A) be disbursed in installments pursuant to a 
 schedule determined by the Secretary;
        (B) have an interest rate that does not exceed a 
 level that the Secretary determines appropriate, taking 
 into account, as of the date on which the loan is made, 
 the cost of funds to the Department of the Treasury for 
 obligations of comparable maturity; and
            (C) have a term of not more than 25 years.

    (3) Responsible lender.--No loan may be guaranteed under 
 this section unless the Secretary determines that--
        (A) the lender that made such loan is responsible; 
 and
        (B) such loan provides adequate provisions to 
 protect the interest of the United States.

    (4) Limitation.--
        (A) Certification.--A loan made or guaranteed under 
 this section may not exceed the following amounts 
 unless the President certifies to the appropriate 
 committees of Congress that a loan exceeding such 
 amounts is necessary to significantly increase the 
 supply of critical materials relevant to the national, 
 energy, and economic security of the United States:
            (i) For a loan with respect to a facility 
 located within the United States, the lesser 
 of--
            (I) $1,000,000,000 or 50 percent of 
 the total cost of the construction, 
 expansion, modernization, or 
 repurposing of such facility for which 
 the covered entity is seeking such loan 
 in the case of a loan made under this 
 section; or
            (II) $1,000,000,000 or 75 percent 
 of the total cost of the construction, 
 expansion, modernization, or 
 repurposing of such facility for which 
 the covered entity is seeking such loan 
 in the case of a loan guaranteed under 
 this section.
            (ii) For a loan with respect to a facility 
 located outside of the United States, the 
 lesser of $250,000,000 or 25 percent of the 
 total cost of the construction, expansion, 
 modernization, or repurposing of such facility 
 for which the covered entity is seeking such 
 loan.
        (B) Maximum award.--Notwithstanding subparagraph
        (A) , a loan made or guaranteed under this section may 
 not exceed the following amounts:
            (i) For a loan with respect to a facility 
 located within the United States, the lesser 
 of--
            (I) $2,000,000,000 or 50 percent of 
 the total cost of the construction, 
 expansion, modernization, or 
 repurposing of such facility for which 
 the covered entity is seeking such loan 
 in the case of a loan made under this 
 section; or
            (II) $2,000,000,000 or 75 percent 
 of the total cost of the construction, 
 expansion, modernization, or 
 repurposing of such facility for which 
 the covered entity is seeking such loan 
 in the case of a loan guaranteed under 
 this section.
            (ii) For a loan with respect to a facility 
 located outside of the United States, the 
 lesser of $500,000,000 or 25 percent of the 
 total cost of the construction, expansion, 
 modernization, or repurposing of such facility 
 for which the covered entity is seeking such 
 loan.

    (5) Additional terms.--A loan made or guaranteed under this 
 section may include any other terms and conditions that the 
 Secretary determines to be appropriate.

    (6) Reasonable prospect of repayment criteria.--For the 
 purposes of determining whether to make or guarantee a loan 
 under this section, the Secretary shall determine whether a 
 covered entity has a reasonable prospect of repaying such loan 
 based on the following:
        (A) The protection of the financial interests of 
 the United States provided by contractual terms of the 
 project the covered entity plans to perform.
        (B) The expected financial strength of the covered 
 entity--
            (i) at the time the loan or guarantee would 
 be approved; and
            (ii) throughout the loan term after the 
 project is completed.
            (C) The financial strength of the investors and 
 strategic partners of the covered entity, if 
 applicable.
            (D) Other financial metrics, analyses, or criteria 
 relied upon by the private lending community and other 
 nationally recognized credit rating agencies that the 
 Secretary determines relevant to the evaluation of the 
 financial strength of the covered entity.

    (h) Use of Funds.--A covered entity that receives a loan made or 
guaranteed under this section may only use the awarded amounts for the 
following purposes of supporting activities described in subsection

    (a) , as documented in the application submitted by the covered entity 
under subsection

    (g)

    (1) , to--

    (1) finance the construction, expansion, modernization, or 
 repurposing of a facility, including through the acquisition of 
 relevant equipment and site development, for critical material 
 manufacturing;

    (2) finance the construction, expansion, modernization, or 
 repurposing of a facility to manufacture relevant specialized 
 equipment described in subsection

    (b)

    (1) , including site 
 development;

    (3) finance the construction, expansion, modernization, or 
 repurposing of a facility, including through the acquisition of 
 relevant specialized equipment, for the research, development, 
 and demonstration within the United States of innovative 
 technologies, materials, or techniques related to establishing 
 resilient critical material supply chain;

    (4) support the expansion or creation of educational and 
 workforce pathways, including engagement with the community and 
 relevant local entities through innovative partnerships, 
 including apprenticeship programs;

    (5) support activities related to environmental protection 
 and other sustainability practices, including the 
 implementation of industrial decarbonization practices; or

    (6) pay reasonable costs related to the operating expenses 
 for a facility described in paragraph

    (1) ,

    (2) , or

    (3) , 
 including hiring a specialized workforce, acquiring essential 
 materials, and performing complex equipment maintenance, as 
 determined appropriate by the Secretary.
            (i) Loan Agreement.--

    (1) In general.--As a condition to receive a loan made or 
 guaranteed under this section, the covered entity receiving 
 such loan shall enter into an agreement with the Secretary 
 under which, during the 10-year period beginning on the date of 
 the first disbursement of such loan, the covered entity--
        (A) will not engage in any significant transaction, 
 as defined in the agreement, involving the expansion of 
 existing critical materials capabilities of a foreign 
 entity of concern or a foreign entity in a foreign 
 country of concern or a nonmarket economy country;
        (B) will notify the Secretary of any planned 
 transactions involving the covered entity relating to 
 the expansion of existing critical materials 
 capabilities by a foreign entity of concern, a foreign 
 country of concern, or a nonmarket economy country;
            (C) will provide records and other necessary 
 information at the request of the Secretary to review 
 the compliance of the covered entity to terms of the 
 agreement; and
            (D) will return the full amount of such loan that 
 has been disbursed if--
            (i) the Secretary determines that such 
 covered entity violated the agreement;
            (ii) such covered entity does not remedy 
 such violation or the Secretary determines that 
 such violation cannot be remedied; and
            (iii) the Secretary determines that the 
 return of such amounts is necessary.

    (2) Violation of agreement.--If the Secretary determines 
 that a covered entity violated the agreement such covered 
 entity entered into under paragraph

    (1) with respect to a loan 
 made or guaranteed under this section or failed to provide 
 proof required pursuant to paragraph

    (3)
        (A)
            (iii) with respect 
 to a planned transaction in accordance with such paragraph the 
 Secretary--
        (A) shall--
            (i) in the case of a loan that is made 
 under this section, revoke the undisbursed 
 amount of such loan and, if the Secretary 
 determines necessary under paragraph

    (1)
            (D) 
            (iii) , recover the full amount of such 
 loan that has been disbursed; and
            (ii) in the case of a loan guaranteed under 
 this section, revoke the guarantee of such 
 loan; and
        (B) if the Secretary determines that such planned 
 transaction would harm the national, energy, and 
 economic security of the United States, may take other 
 corrective action, including recommending corrective 
 action to the heads of such other Federal departments 
 or agencies, as may be appropriate to the duties of 
 such departments or agencies.

    (3) Notification of planned transactions.--
        (A) In general.--Not later than 90 days after the 
 date of receipt of a notification described in 
 subparagraph
        (B) of paragraph

    (1) from a covered entity 
 pursuant to an agreement between such covered entity 
 and the Secretary entered into under such paragraph, 
 the Secretary shall--
            (i) determine whether the planned 
 transaction described in such notification 
 would violate such agreement;
            (ii) notify the covered entity of the 
 determination; and
            (iii) if the Secretary determines that such 
 planned transaction would violate such 
 agreement, require such covered entity to 
 provide to the Secretary proof that such 
 covered entity will not proceed with such 
 planned transaction not later than 45 days 
 after the Secretary provides the notification 
 under clause
            (ii) with respect to such 
 determination.
        (B) Congressional notification.--If the Secretary 
 requires a covered entity to provide proof under 
 subparagraph
        (A)
            (iii) with respect to a planned 
 transaction, not later than 90 days after the earlier 
 of the date on which the Secretary receives such proof 
 or the date on which the Secretary takes action under 
 subparagraph

    (2) pursuant to the failure of such 
 covered entity to provide such proof, the Secretary 
 shall submit to the appropriate committees of 
 Congress--
            (i) a notification of the planned 
 transaction;
            (ii) a brief description of how the 
 Secretary determined that the planned 
 transaction would be a violation; and
            (iii) a summary of any actions or planned 
 actions in response to such planned 
 transaction.

    (4) Opportunity for a hearing.--The Secretary may make a 
 determination described in paragraphs

    (1)
            (D) 
            (i) ,

    (1)
            (D) 
            (ii) ,

    (2) , or

    (3)
        (A) with respect to a covered entity only after such 
 covered entity has had an opportunity for a hearing on the 
 record with respect to such determination.

    (j) Clawback.--

    (1) Target dates.--As a condition of making or guaranteeing 
 loans under this section, the Secretary shall establish target 
 dates by which the construction, expansion, modernization, or 
 repurposing, as applicable, of the facility with respect to 
 which such loan was made shall commence and complete.

    (2) Progressive recover for delays.--
        (A) In general.--If the construction, expansion, 
 modernization, or repurposing, as applicable, of the 
 facility does not commence and complete within the 
 target dates established under paragraph

    (1) or the 
 revised target dates established under subparagraph
        (B)
            (ii) , the Secretary shall progressively recover or 
 disburse up to the full amount of the loan made or 
 guaranteed under this section.
        (B) Waiver.--
            (i) In general.--The Secretary may waive 
 subparagraph
        (A) with respect to a failure of a 
 covered entity to commence the construction, 
 expansion, modernization, or repurposing, as 
 applicable, of a facility in accordance with 
 the commencement date for such facility 
 established under paragraph

    (1) if the 
 Secretary makes a formal determination that 
 such covered entity could not foresee or 
 control the circumstances causing such failure, 
 including a failure due to supply chain 
 disruptions, other than such a failure 
 resulting from the failure of the covered 
 entity to cooperate with any relevant 
 regulatory agencies for permit approval.
            (ii) Revised target dates.--If the 
 Secretary waives subparagraph
        (A) with respect 
 to the failure of a covered entity to commence 
 the construction, expansion, modernization, or 
 repurposing, as applicable, of a facility in 
 accordance with the commencement date for such 
 facility established under paragraph

    (1) --
            (I) the Secretary shall establish 
 revised target dates by which the 
 construction, expansion, modernization, 
 or repurposing, as applicable, of the 
 facility with respect to which such 
 loan was made shall commence and 
 complete; and
            (II) the relevant agreement under 
 subsection
            (i) (1) shall be amended to 
 reflect such revised target dates.

    (3) Congressional notification.--The Secretary shall notify 
 appropriate committees of Congress--
        (A) of the target dates determined with respect to 
 each loan made or guaranteed under this section that 
 exceeds $100,000,000; and
        (B) not later than 15 days after the provision of a 
 waiver under paragraph

    (2)
        (B) , of the terms of such 
 waiver.

    (k) Labor-Management Cooperation.--

    (1) In general.--Notwithstanding any other provision of 
 law, including the National Labor Relations Act (29 U.S.C. 151 
 et seq.), this subsection shall apply to any recipient of a 
 loan under this section who is an employer and any labor 
 organization who represents or seeks to represent any employees 
 or only those employees who perform or will perform work funded 
 by a loan provided under this section.

    (2) Recognition.--Any employer receiving a loan under this 
 section shall recognize for purposes of collective bargaining a 
 labor organization that demonstrates that a majority of the 
 employees in a unit appropriate for such purposes and who 
 perform or will perform work funded by a loan provided under 
 this section have signed valid authorizations designating the 
 labor organization as their collective bargaining 
 representative and that no other labor organization is 
 certified or recognized pursuant to 

section 9 of the National 
 Labor Relations Act (29 U.S.C. 159) as the exclusive 
 representative of any of the employees in the unit who perform 
 or will perform such work. Upon such showing of majority 
 status, the employer shall notify the labor organization and 
 the National Labor Relations Board that the employer--
        (A) has determined that the labor organization 
 represents a majority of the employees in such unit who 
 perform or will perform such work; and
        (B) is recognizing the labor organization as the 
 exclusive representative of the employees in such unit 
 who perform or will perform such work for the purposes 
 of collective bargaining pursuant to that section.

    (3) Dispute resolution and unit certification.--If a 
 dispute over majority status or the appropriateness of the unit 
 described in paragraph

    (2) arises between the employer and the 
 labor organization, either party may request that the National 
 Labor Relations Board investigate and resolve the dispute. If 
 the Board finds that a majority of the employees in a unit 
 appropriate for purposes of collective bargaining who perform 
 or will perform work funded by a loan provided under this 
 section have signed valid authorizations designating the labor 
 organization as their representative for such purposes and that 
 no other individual or labor organization is certified or 
 recognized as the exclusive representative of any of the 
 employees in the unit who perform or will perform such work for 
 such purposes, the Board shall not direct an election but shall 
 certify the labor organization as the representative described 
 in 

section 9

    (a) of the National Labor Relations Act (29 U.S.C. 
 159

    (a) ).

    (4) Meetings and collective bargaining agreements.--Not 
 later than 10 days after an employer receiving funding under 
 this section receives a written request for collective 
 bargaining from a recognized or certified labor organization 
 representing employees who perform or will perform work funded 
 by a loan provided under this section, or within such period as 
 the parties agree upon, the labor organization and employer 
 shall meet and commence to bargain collectively and shall make 
 every reasonable effort to conclude such bargaining and sign a 
 collective bargaining agreement.

    (5) Mediation and conciliation.--If, after the expiration 
 of the 90-day period beginning on the date on which collective 
 bargaining under paragraph

    (4) began, or such additional period 
 as the parties may agree upon, the parties have failed to reach 
 an agreement, either party may notify the Federal Mediation and 
 Conciliation Service (referred to in this subsection as the 
 ``Service'') of the existence of a dispute and request 
 mediation. Whenever such a request is received, it shall be the 
 duty of the Service promptly to put itself in communication 
 with the parties and to use its best efforts, by mediation and 
 conciliation, to bring them to agreement.

    (6) Tripartite arbitration.--
        (A) In general.--If, after the expiration of the 
 30-day period beginning on the date on which the 
 request for mediation is made under paragraph

    (5) , or 
 such additional period as the parties may agree upon, 
 the Service is not able to bring the parties to 
 agreement by mediation and conciliation, the Service 
 shall refer the dispute to a tripartite arbitration 
 panel established in accordance with such regulations 
 as may be prescribed by the Service.
        (B) Members.--A tripartite arbitration panel 
 established under this clause with respect to a dispute 
 shall be composed of 1 member selected by the labor 
 organization, 1 member selected by the employer, and 1 
 neutral member mutually agreed to by the labor 
 organization and the employer. Each such member shall 
 be selected not later than 14 days after the expiration 
 of the 30-day period described in subparagraph
        (A) with 
 respect to such dispute. Any member not so selected by 
 the date that is 14 days after the expiration of such 
 period shall be selected by the Service.
            (C) Decisions.--A majority of a tripartite 
 arbitration panel established under this clause with 
 respect to a dispute shall render a decision settling 
 the dispute as soon as practicable, and (absent 
 extraordinary circumstances or by agreement or 
 permission of the parties) not later than 120 days 
 after the establishment of such panel. Such a decision 
 shall be binding upon the parties for a period of 2 
 years, unless amended during such period by written 
 consent of the parties. Such decision shall be based 
 on--
            (i) the financial status and prospects of 
 the employer;
            (ii) the size and type of the operations 
 and business of the employer;
            (iii) the cost of living of the employees;
            (iv) the ability of the employees to 
 sustain themselves, their families, and their 
 dependents on the wages and benefits they earn 
 from the employer; and
            (v) the wages and benefits other employers 
 in the same business provide their employees.

    (7) Contractors and subcontractors.--Any employer receiving 
 funds under this section to procure goods or services shall 
 require a contractor or subcontractor, whose employees perform 
 or will perform work funded by a loan provided under this 
 section, that contracts or subcontracts with the employer to 
 comply with the requirements set forth in paragraphs

    (1) through

    (6) .

    (8) === Definitions. ===
-In this subsection, the terms 
 ``employee'', ``employer'', and ``labor organization'' have the 
 meanings given the terms in 

section 2 of the National Labor 
 Relations Act (29 U.S.C. 152).

    (9) Limitation of funds.--Funds appropriated to carry out 
 this Act may not be used to assist, promote, or deter 
 organizing of labor organizations.
            (l) Wage Rate Requirements.--

    (1) Davis-bacon.--All laborers and mechanics employed by 
 the covered entity receiving funding under this section, or 
 employed by contractors or subcontractors related to a covered 
 project, shall be paid wages at rates not less than those 
 prevailing on similar projects in the locality, as determined 
 by the Secretary of Labor in accordance with subchapter IV of 
 chapter 31 of title 40, United States Code (commonly referred 
 to as the ``Davis-Bacon Act'').

    (2) Authority.--The Secretary of Labor shall have, with 
 respect to the labor standards specified in this subsection, 
 the authority and functions set forth in Reorganization Plan 
 Numbered 14 of 1950 (5 U.S.C. App.; relating to coordination of 
 administration and consistency of enforcement of certain labor 
 standards for Federal employees) and 

section 3145 of title 40, 
 United States Code.
            (m) Oversight.--Not later than four years after the first 
disbursement of the first loan made or guaranteed under this section, 
the Inspector General of the Department of Commerce, in consultation 
with the Inspector General of the Department of State, shall audit the 
program and submit to the appropriate committees of Congress a report 
containing the results of such audit under this subsection to assess--

    (1) whether the national center has been established and 
 operated in accordance with 

section 102; and

    (2) whether the loan program has been established and 
 operated in accordance with this section, including--
        (A) whether the Secretary is making or guaranteeing 
 loans under this section only to covered entities that 
 meet the requirements in subsection

    (b) ;
        (B) whether the covered entities receiving loans 
 made or guaranteed under this section are using the 
 amounts of such loans in accordance with subsection

    (h) ;
            (C) whether the Secretary has complied with the 
 limitations under subsection

    (g)

    (4) and under 

section 106
            (c) ; and
            (D) whether the Secretary is carrying out the 
 agreements required under subsection
            (i) , including any 
 congressional notifications required by such 
 subsection.

SEC. 104. REQUIRED COLLABORATION.

    (a) Required Collaboration.--In carrying out the activities under 
this title, the Secretary of Commerce, in consultation with the 
Secretary of State, shall coordinate the activities of the Center and 
the program established by 

section 103 with relevant Federal agencies 
and departments to leverage existing activities across the United 
States Government to strengthen the critical materials supply chain of 
the United States, including exchange of information regarding the 
United States critical materials supply chain, to the extent consistent 
with the protection of information under other applicable authorities. 
Such relevant Federal agencies and departments shall include--

    (1) the Department of Agriculture;

    (2) the Department of Defense;

    (3) the Department of Energy;

    (4) the Department of Health and Human Services;

    (5) the Department of Homeland Security;

    (6) the Department of the Interior;

    (7) the Department of Labor;

    (8) the Department of the Treasury;

    (9) the Export-Import Bank of the United States;

    (10) the United States International Development Finance 
 Corporation;

    (11) the White House Council of Environmental Quality;

    (12) the White House Office of Science and Technology 
 Policy;

    (13) the White House Office of the United States Trade 
 Representative; and

    (14) other Federal agencies and departments that the 
 Secretary determines necessary to carry out the activities in 
 this title.

    (b) Oversight.--Not later than 4 years after the date of the 
disbursement of the first award under 

section 103, the Inspector 
General of the Department of Commerce, in consultation with the 
Inspector General of the Department of State, shall submit to the 
appropriate committees of Congress a report containing the results of 
an audit of whether the Secretary has sufficiently carried out the 
interagency coordination activities required by subsection

    (a) and 
consulted with the Secretary of State as required under this title to 
support the development of secure critical material supply chains in 
the interest of the national, energy, and economic security of the 
United States.

SEC. 105. MATERIAL SUPPLY CHAIN PUBLIC-PRIVATE PARTNERSHIP.

    (a) Public-Private Partnership.--

    (1) In general.--Not later than 1 year after the date of 
 enactment of this section, the Secretary, acting through the 
 head of the Center, in consultation with the Secretary of 
 State, and through the collaboration required under 

section 104, shall establish a public-private partnership to--
        (A) support the development of a resilient supply 
 chain;
        (B) bolster the national, energy, and economic 
 security of the United States; and
            (C) support the development of supply chain 
 characteristics in the interests of the United States, 
 including--
            (i) transparency and traceability;
            (ii) environmental sustainability;
            (iii) workforce security and safety; and
            (iv) innovation.

    (2) Duties.--The public-private partnership shall--
        (A) engage with stakeholders from across the 
 critical material supply chain, prioritizing domestic 
 stakeholders, including through--
            (i) convening such stakeholders for regular 
 meetings to inform the activities of the 
 public-private partnership; and
            (ii) accepting membership from industry, 
 nonprofit organizations, trade associations, 
 academia, labor organizations, and equivalent 
 international partners;
        (B) advise the Center on creating a robust 
 understanding of a critical material supply chain, 
 including through advancing the understanding of, with 
 respect to such supply chain--
            (i) market dynamics including market 
 manipulation by foreign countries of concern;
            (ii) pricing and availability dynamics;
            (iii) transparency and traceability;
            (iv) environmental sustainability;
            (v) education and workforce development;
            (vi) labor law compliance; and
            (vii) barriers to adopting innovative 
 technologies, materials, and techniques;
            (C) establish partnerships with international 
 partners, excluding foreign entities of concern or a 
 foreign entity in a foreign country of concern, to 
 advance the national, energy, and economic security of 
 the United States;
            (D) operate the Investment Fund established under 
 subsection

    (b) ; and
        (E) not later than one year after the public-
 private partnership is established, and annually 
 thereafter, publish at least one report on the internet 
 website of the Department of Commerce summarizing the 
 activities undertaken by the public-private partnership 
 during the most recent fiscal year prior to publication 
 of such report, and such report shall include--
            (i) a summary of the advice provided to the 
 Center established in 

section 102

    (a) ;
            (ii) a summary of the membership of the 
 public-private partnership;
            (iii) a summary of the activities carried 
 out by the Investment Fund established in 
 subsection

    (b) ; and
            (iv) a summary of any international 
 collaborations carried out by the public-
 private partnership.

    (3) Funding.--Subject to the availability of 
 appropriations, out of the funds authorized to be appropriated 
 pursuant to 

section 106

    (a) , the Secretary shall allocate up to 
 the following amounts to carry out this subsection:
        (A) $15,000,000 for fiscal year 2026.
        (B) $30,000,000 for fiscal year 2027.
            (C) $45,000,000 for fiscal year 2028.
            (D) $60,000,000 for fiscal year 2029.
        (E) $75,000,000 for the period of fiscal year 2030 
 and each fiscal year thereafter prior to the expiration 
 of the program.

    (b) Investment Fund.--

    (1) In general.--Not later than one year after the 
 establishment of the public-private partnership under 
 subsection

    (a) , the public-private partnership shall establish 
 an investment fund (in this section referred to as the 
 ``Investment Fund'') to support existing Federal and private 
 investments to acquire, establish, or enhance facilities 
 related to developing domestic and foreign critical material 
 manufacturing capabilities for the national, energy, and 
 economic security of the United States.

    (2) Duties.--The Investment Fund shall--
        (A) accept and solicit funds from entities 
 described in subsection

    (a)

    (2)
        (A)
            (ii) to invest and 
 support facilities to expand domestic and foreign 
 capabilities to manufacture critical materials for the 
 national, energy, and economic security of the United 
 States, in accordance with the eligibility requirements 
 described in 

section 103

    (b) ;
        (B) buy and sell critical materials from the global 
 marketplace, prioritizing domestic producers, to 
 support the transition to resilient supply chains with 
 stable market prices and store such purchased critical 
 materials within the United States;
            (C) invest in innovative partnerships with critical 
 material supply chain stakeholders with a 
 prioritization for starts-ups, small and medium-sized 
 enterprises, and other entities supporting innovative 
 technologies, materials, or techniques;
            (D) provide innovative financial tools and other 
 risk mitigation mechanisms, such as insurance products, 
 that follow existing procurement policies as 
 implemented pursuant to 

section 2

    (a)

    (1) of the Export-
 Import Bank Act of 1945 (12 U.S.C. 625

    (a)

    (1) ), directly 
 or in partnership with entities currently providing 
 such tools and mechanisms, to stabilize market prices 
 and support domestic capabilities;
        (E) support demonstration, deployment, and adoption 
 activities related to innovative technologies, 
 materials, including qualified substitutes, or 
 techniques to promote sustainability and increased 
 resiliency, with sufficient research collaboration 
 safeguards to protect domestic proprietary information;
        (F) invest acquired profit from activities in 
 subparagraphs
        (A) and
        (B) to further the mission of the 
 Investment Fund; and
        (G) consult regularly with Federal agencies and 
 departments identified in 

section 104, including the 
 Export-Import Bank of the United States and the United 
 States International Development Finance Corporation, 
 to ensure alignment with existing Federal efforts 
 designed to promote, fund, resource critical material 
 manufacturing domestically or in a foreign country of 
 interest.

    (3) Loan program eligibility.--
        (A) In general.--The Investment Fund shall--
            (i) be eligible to receive a loan under the 
 loan program established in 

section 103

    (a) after submission of the application under 
 subparagraph
        (B) of this paragraph; and
            (ii) not be eligible to apply for or 
 receive a loan guarantee under the loan program 
 in 

section 103

    (a) .
        (B) Application.--To receive a Federal loan under 
 the loan program established in 

section 103

    (a) , the 
 Investment Fund shall submit to the Secretary an 
 application that includes--
            (i) a list of projects, in accordance with 
 the eligibility requirements described in 
 

section 103

    (b)

    (2) , that the fund will support 
 through the receipt of a Federal loan under 
 such program; and
            (ii) any other information the Secretary 
 determines appropriate to evaluate the 
 eligibility of the projects submitted under 
 clause
            (i) for such loan program.
            (C) Award amount.--Each award made to the 
 Investment Fund under the loan program established in 
 

section 103

    (a) shall--
            (i) be in an amount the Secretary 
 determines appropriate; and
            (ii) not exceed 25 percent of the available 
 loan authority of such loan program for a given 
 fiscal year.
            (D) Eligible forgiveness.--Subject to the agreement 
 requirements under subparagraph
        (G) and to the extent 
 the Investment Fund maintains good standing, as 
 determined by the Secretary, such Secretary may forgive 
 all or part of a loan awarded to the Investment Fund 
 under this paragraph in an eligible fiscal year, in 
 accordance with the authorities of the agency.
        (E) Tax treatment.--For purposes of the Internal 
 Revenue Code of 1986--
            (i) no amount shall be included in the 
 gross income of the Investment Fund by reason 
 of forgiveness of indebtedness described in 
 subparagraph
            (D) ;
            (ii) no deduction shall be denied, no tax 
 attribute shall be reduced, and no basis 
 increase shall be denied, by reason of the 
 exclusion from gross income provided by clause
            (i) ; and
            (iii) in the case that the Investment Fund 
 is a partnership or S corporation--
            (I) any amount excluded from income 
 by reason of clause
            (i) shall be 
 treated as tax exempt income for 
 purposes of sections 705 and 1366 of 
 the Internal Revenue Code of 1986; and
            (II) except as provided by the 
 Secretary of the Treasury, or a 
 delegate of such Secretary, any 
 increase in the adjusted basis of an 
 interest of a partner in a partnership 
 under 

section 705 of the Internal 
 Revenue Code of 1986, with respect to 
 any amount described in subclause
            (I) , 
 shall equal the distributive share of 
 deductions of such partner resulting 
 from costs giving rise to forgiveness 
 described in subclause
            (I) .
        (F) Effective date for tax treatment.--The 
 provisions made by subparagraph
        (E) shall apply to 
 taxable years beginning after December 31, 2025.
        (G) Required agreement.--Pursuant to 

section 103
            (i) --
            (i) the Secretary shall enter into the 
 required agreement with the Investment Fund; 
 and
            (ii) the Investment Fund shall take on full 
 responsibility for the required agreement and 
 the actions of the projects that use funds 
 awarded by the loan program established in 
 

section 103

    (a) to the Investment Fund.
        (H) Disclosure.--Not later than one year after date 
 on which the Investment Fund is established under 
 paragraph

    (1) , and annually thereafter, the Investment 
 Fund shall provide an annual report to the Secretary 
 which shall--
            (i) include all actions taken by the 
 Investment Fund upon receipt of each award;
            (ii) include any additional information the 
 Secretary determines appropriate to ensure 
 robust oversight of the use of each loan 
 awarded to the Investment Fund; and
            (iii) be published on the internet website 
 of the Department of Commerce.
            (I) Clawback.--Pursuant to 

section 103

    (j) , the 
 Secretary shall have the authority to recover, or 
 dispense of, up to the full amount of each loan awarded 
 by the loan program established in 

section 103

    (a) for a 
 given fiscal year if--
            (i) the Investment Fund fails to comply 
 with the required agreement in subparagraph
        (G) ; or
            (ii) the Secretary is notified of the 
 inability of the Investment Fund to use such an 
 award in accordance with 

section 103

    (h) .
        (J) Failure to comply.--If the Secretary is not 
 satisfied with the actions taken by the Investment 
 Fund, including failure by the Investment Fund to 
 comply with the eligibility requirements for the loan 
 program established under 

section 103

    (a) or the 
 improper use of funds awarded by such loan program to 
 the Investment Fund, the Investment Fund shall--
            (i) be ineligible for future awards by such 
 loan program; and
            (ii) remain ineligible until--
            (I) the Investment Fund presents an 
 executable plan that the Secretary 
 determines appropriate to satisfy the 
 requirements of 

section 103

    (b) or 
 

section 103

    (h) ;
            (II) the Secretary shall submit to 
 Congress a report outlining the 
 corrective actions the Investment Fund 
 has taken to be eligible to apply for 
 such loan program again; and
            (III) the Secretary determines that 
 the Investment Fund is eligible to 
 apply for such loan program again.
        (K) Labor-management cooperation.--Notwithstanding 
 any other provision of law, including the National 
 Labor Relations Act (29 U.S.C. 151 et seq.), any 
 recipient of a loan under this section who is an 
 employer, and any labor organization who represents or 
 seeks to represent any employees or only those 
 employees who perform or will perform work funded by a 
 loan provided under this section, shall be subject to 
 the provisions of 

section 103

    (k) of this title.
            (L) Wage rate requirements.--
            (i) Davis-bacon.--All laborers and 
 mechanics employed by the covered entity 
 receiving funding under this section or 
 employed by contractors or subcontractors 
 related to a covered project, shall be paid 
 wages at rates not less than those prevailing 
 on similar projects in the locality, as 
 determined by the Secretary of Labor in 
 accordance with subchapter IV of chapter 31 of 
 title 40, United States Code (commonly referred 
 to as the ``Davis-Bacon Act'').
            (ii) Authority.--The Secretary of Labor 
 shall have, with respect to the labor standards 
 specified in this subparagraph, the authority 
 and functions set forth in Reorganization Plan 
 Numbered 14 of 1950 (5 U.S.C. App.; relating to 
 coordination of administration and consistency 
 of enforcement of certain labor standards for 
 Federal employees) and 

section 3145 of title 
 40, United States Code.

    (4) Oversight.--Not later than 2 years after the first loan 
 is awarded to the Investment Fund under the loan program 
 established in 

section 103

    (a) , the Inspector General of the 
 Department of Commerce shall audit the Investment Fund and 
 submit to Congress a report--
        (A) that assesses whether the Investment Fund has 
 complied with the requirements of this title, 
 including--
            (i) the requirements under 

section 103

    (b) for maintaining eligibility for the joint loan 
 program;
            (ii) the requirements under 

section 103

    (h) regarding the proper use of awarded or 
 guaranteed funds;
            (iii) the exclusion of foreign entities of 
 concern or foreign countries of concern; and
            (iv) any additional requirements that the 
 Investment Fund must meet as determined 
 appropriate by the Secretary; and
        (B) that proposes a course of action for the 
 Secretary to--
            (i) remedy each violation by the Investment 
 Fund found, if any; and
            (ii) monitor the progress of the Investment 
 Fund towards remedying each violation found by 
 the Secretary.
            (c) Exclusion of Certain Funds.--The Investment Fund under 
subsection

    (b) may not accept funds from, allow membership to, create 
research collaborations with, or partner with a foreign entity of 
concern or a foreign entity within a foreign country of concern or a 
nonmarket economy country.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Commerce for the national center 
established in 

section 102 the following amounts for the applicable 
fiscal year:

    (1) $30,000,000 for fiscal year 2026.

    (2) $45,000,000 for fiscal year 2027.

    (3) $70,000,000 for fiscal year 2028.

    (4) $85,000,000 for fiscal year 2029.

    (5) $100,000,000 for each of fiscal years 2030 and any 
 fiscal year thereafter before the date described in 

section 107.

    (b) Authorization of Loan Authority.--There is authorized to be 
appropriated to the Department of Commerce for the loan and loan 
guarantee program established in 

section 103 the following amounts for 
the applicable fiscal year:

    (1) $1,000,000,000 for fiscal year 2026.

    (2) $2,500,000,000 for fiscal year 2027.

    (3) $5,000,000,000 for fiscal year 2028.

    (4) $7,500,000,000 for fiscal year 2029.

    (5) $10,000,000,000 for fiscal year 2030 and any fiscal 
 year thereafter before the date described in 

section 107.
            (c) Limitation and Minimum Thresholds for Loan Authority.--Of the 
amounts appropriated pursuant to the authorization under subsection

    (b) for any fiscal year, other than amounts provided to the Investment Fund 
established under 

section 105

    (b)

    (1) , the Secretary shall ensure to the 
greatest extent practicable that--

    (1) a maximum of 30 percent of the available amounts are 
 provided with respect to investments into facilities in foreign 
 countries of interest that--
        (A) relate to the extraction of critical materials 
 significantly unavailable for domestic extraction; and
        (B) prioritize secondary impacts to the United 
 States, including through purchase agreements with 
 domestic manufacturers;

    (2) a maximum of 20 percent of the available amounts are 
 provided with respect to investment into facilities within the 
 United States relating to the extraction of domestically 
 available critical materials in the United States;

    (3) a minimum of 5 percent of the available amounts are 
 provided with respect to investment into facilities related to 
 the manufacturing of necessary equipment for the manufacturing 
 of critical materials; and

    (4) a minimum of 10 percent of the available amounts are 
 provided with respect to facilities located within the United 
 States related to--
        (A) the reclamation of critical materials from 
 spent and damaged end-use components through recycling 
 processes; or
        (B) the demonstration, deployment, or 
 commercialization of innovative technologies such as 
 qualified substitutes.

SEC. 107. TERMINATION.

 This title shall terminate on the date that is 10 years after the 
date of the enactment of this Act.

SEC. 108. DEFINITIONS.

 In this title:

    (1) Appropriate committees of congress.--The term 
 ``appropriate committees of Congress'' means--
        (A) the Committee on Energy and Natural Resources, 
 the Committee on Commerce, Science, and Transportation, 
 the Committee on Foreign Relations, the Committee on 
 Armed Services, and the Committee on Appropriations of 
 the Senate; and
        (B) 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 Natural Resources, and the Committee on 
 Ways and Means of the House of Representatives.

    (2) Byproduct.--The term ``byproduct'' has the meaning 
 given such term in 

section 7002

    (a)

    (1) of the Energy Act of 2020 
 (30 U.S.C. 1606

    (a)

    (1) ).

    (3) Conversion.--The term ``conversion'' means the process 
 to alter a refined or purified critical material to a secondary 
 compound that is subject to supply chain disruptions relevant 
 to the national, energy, and economic security of the United 
 States, including the manufacturing of magnets, alloys, or 
 multicompound chemistries, including such chemistries at solid, 
 liquid, or gaseous states.

    (4) Covered entity.--The term ``covered entity'' means a 
 nonprofit entity, a private entity, a consortium of private 
 entities, or a consortium of nonprofit, public, and private 
 entities--
        (A) with a demonstrated ability to--
            (i) substantially finance, construct, 
 expand, or modernize a facility relating to the 
 extraction, processing or refining, conversion, 
 recycling, or research and development of 
 critical materials; or
            (ii) substantially finance and repurpose an 
 existing facility, including former 
 manufacturing sites, to construct, expand, or 
 modernize the facility for extraction, 
 processing or refining, conversion, recycling, 
 or research and development of critical 
 materials; and
        (B) that is determined by the Secretary of 
 Commerce, in consultation with the Secretary of 
 Defense, the Secretary of Energy, the Secretary of the 
 Interior, the Secretary of State, and the Director of 
 National Intelligence--
            (i) to be owned or operated by, or a 
 subsidiary of, an entity located in the United 
 States or a foreign entity that has an 
 extensive presence in the United States; and
            (ii) not to be owned or operated by, or a 
 subsidiary of--
            (I) any foreign entity of concern 
 or an entity located in a foreign 
 country of concern; or
            (II) any entity engaged in conduct 
 that is detrimental to the national 
 security or foreign policy of the 
 United States, including entities that 
 do not uphold international law 
 relating to human rights or 
 environmental protections.

    (5) Covered trade action.--The term ``covered trade 
 action'' means any ongoing investigation or final order 
 pursuant to the Trade Act of 1974 (19 U.S.C. 2101 et seq.), 
 

section 701 of the Tariff Act of 1930 (19 U.S.C. 1671), 

section 731 of the Tariff Act of 1930 (19 U.S.C. 1673), or any other 
 relevant trade law as determined by the Secretary.

    (6) Critical material.--The term ``critical material'' has 
 the meaning given such term in 

section 7002

    (a)

    (2) of the Energy 
 Act of 2020 (30 U.S.C. 1606

    (a)

    (2) ).

    (7) Critical material manufacturing.--The term ``critical 
 material manufacturing'' means any manufacturing process 
 related to any of the following:
        (A) Extraction of a critical material from the 
 natural ecosystem, including as a byproduct.
        (B) Refining or processing a critical material.
            (C) The conversion of a critical material into a 
 secondary compound.
            (D) The recycling of a critical material from used 
 manufacturing components, including technology 
 components.
        (E) Any other relevant manufacturing process that 
 produces a qualified substitute for use in the critical 
 material supply chain.

    (8) Foreign country of concern.--The term ``foreign country 
 of concern'' has the meaning given such term in 

section 9901 of 
 the William M.

    (Mac) Thornberry National Defense Authorization 
 Act for Fiscal Year 2021 (15 U.S.C. 4651).

    (9) Foreign country of interest.--The term ``foreign 
 country of interest'' means a foreign country or a political 
 subdivision of a foreign country that is not a foreign country 
 of concern and with respect to which the Secretary of Commerce, 
 in collaboration with the Secretary of State and the United 
 States Trade Representative, determines that--
        (A) the environmental protections of such country 
 with respect to the production of critical materials 
 meet or exceed similar protections in the United 
 States; and
        (B) no products of the country are prohibited for 
 importation into the United States pursuant to 

section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).

    (10) Foreign entity.--The term ``foreign entity'' has the 
 meaning given such term in 

section 9901 of the William M.

    (Mac) Thornberry National Defense Authorization Act for Fiscal Year 
 2021 (15 U.S.C. 4651).

    (11) Foreign entity of concern.--The term ``foreign entity 
 of concern'' has the meaning given such term in 

section 9901 of 
 the William M.

    (Mac) Thornberry National Defense Authorization 
 Act for Fiscal Year 2021 (15 U.S.C. 4651).

    (12) Industrial decarbonization practice.--The term 
 ``industrial decarbonization practice'' means--
        (A) any technology, practice, or technique that 
 lowers the environmental impact or energy requirements 
 of an industrial process;
        (B) any agreement with a local or regionally 
 relevant electrical utility to acquire the majority of 
 the required power for a facility from renewable 
 sources; or
            (C) other technologies, practices, or techniques to 
 promote sustainability and reduce and mitigate any 
 environmental degradation that the Secretary of 
 Commerce, in consultation with the Secretary of Energy, 
 deems eligible.

    (13) Nonmarket country economy.--The term ``nonmarket 
 country economy'' has the meeting given such term in 

section 771

    (18) of the Tariff Act of 1930 (19 U.S.C. 1677

    (18) ).

    (14) Nonprofit entity.--The term ``nonprofit entity'' means 
 an entity described in 

section 501
            (c) (3) of the Internal 
 Revenue Code of 1986 and exempt from taxation under 

section 501

    (a) of such Code.

    (15) Person.--The term ``person'' includes an individual, 
 partnership, association, corporation, organization, or any 
 other combination of individuals.

    (16) Qualified substitute.--The term ``qualified 
 substitute'' means any verifiable alternative to a critical 
 material able to carry out an essential function (as such term 
 is used in 

section 7002

    (a)

    (2)
            (ii) of the Energy Act of 2020 (30 
 U.S.C. 1606

    (a)

    (2)
            (ii) )) of a critical material.

    (17) Recycling.--The term ``recycling'' means the process 
 of collecting and processing spent materials and devices and 
 turning the materials and devices into raw materials or 
 components that can be reused either partially or completely.

    (18) Refined or purified critical material.--The term 
 ``refined or purified critical material'' means a critical 
 material that has undergone any relevant manufacturing process 
 to remove impurities and to meet industry standards of purity 
 or concentration for downstream use cases post-extraction or 
 recycling.

    (19) Secretary.--Unless otherwise specified, the term 
 ``Secretary'' means the Secretary of Commerce, acting through 
 the Center established in 

section 102.

 TITLE II--CRITICAL MATERIAL TAX CREDITS

SEC. 201. CRITICAL MATERIAL INVESTMENT TAX CREDIT.

    (a) In General.--Subpart E of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 

section 48E the following new section:

``

SEC. 48F. CRITICAL MATERIAL INVESTMENT CREDIT.

 ``

    (a) Establishment of Credit.--
 ``

    (1) In general.--For purposes of 

section 46, the critical 
 material investment credit for any taxable year is an amount 
 equal to the applicable percentage of the qualified investment 
 for such taxable year with respect to any critical material 
 facility of an eligible taxpayer.
 ``

    (2) Applicable percentage.--
 ``
        (A) Base rate.--In the case of any critical 
 material facility, the applicable percentage shall be 
 15 percent.
 ``
        (B) Alternative rate.--In the case of any 
 critical material facility that meets either of the 
 following criteria, the applicable percentage shall be 
 25 percent:
 ``
            (i) The critical material facility 
 fulfills rules similar to the rules of 

section 45

    (b)

    (7) .
 ``
            (ii) The primary purpose of the critical 
 material facility is to produce--
 ``
            (I) a critical material that the 
 Secretary, in consultation with the 
 heads of other relevant Federal 
 agencies and departments, determines 
 has a supply which is significantly 
 vulnerable to disruption (including 
 restrictions associated with foreign 
 political risk, abrupt demand growth, 
 military conflict, violent unrest, 
 anti-competitive or protectionist 
 behaviors, and other risks throughout 
 the supply chain),
 ``
            (II) a qualified substitute, or
 ``
            (III) a recycled critical 
 material.
 ``

    (3) === Definitions. ===
-For the purpose of this section--
 ``
        (A) Critical material.--The term `critical 
 material' has the meaning given such term in 

section 7002

    (a)

    (2) of the Energy Act of 2020.
 ``
        (B) Critical material facility.--The term 
 `critical material facility' means a facility with 
 respect to which the taxpayer makes an irrevocable 
 election to have this subparagraph apply for which the 
 primary purpose is--
 ``
            (i) extraction, processing, refining, or 
 recycling of--
 ``
            (I) a critical material, or
 ``
            (II) a qualified substitute,
 ``
            (ii) converting a critical material into 
 a magnet, an alloy, or a multicompound 
 chemistry (in a solid, liquid, or gaseous 
 state) that the Secretary, in consultation with 
 the Secretary of Energy and the Secretary of 
 the Interior, determines--
 ``
            (I) has a supply chain which is 
 vulnerable to disruption (including 
 restrictions associated with foreign 
 political risk, abrupt demand growth, 
 military conflict, violent unrest, 
 anti-competitive or protectionist 
 behaviors, and other risks throughout 
 the supply chain); and
 ``
            (II) serves an essential function 
 in the manufacturing of a product 
 (including energy technology-, defense-
 , currency-, agriculture-, consumer 
 electronics-, and health care-related 
 applications), the absence of which 
 would have significant consequences for 
 the economic or national security of 
 the United States,
 ``
            (iii) specialized manufacturing equipment 
 used primarily to carry out a process described 
 in clause
            (i) or
            (ii) , or
 ``
            (iv) specialized equipment for research 
 and development relating to a purpose described 
 in clause
            (i) ,
            (ii) , or
            (iii) .
 ``
            (C) Qualified substitute.--The term `qualified 
 substitute' means any material that the Secretary, in 
 consultation with the Secretary of Energy and the 
 Secretary of the Interior, determines is a verifiable 
 alternative to a critical material that can carry out 
 an essential function of such critical material in a 
 technology component.
 ``
            (D) Technology component.--The term `technology 
 component' means--
 ``
            (i) any manufactured component used to 
 manufacture any item which is essential to 
 national security, to energy independence, or 
 to the economic competitiveness of the United 
 States, or
 ``
            (ii) an eligible component (as defined in 
 

section 45X).
 ``
        (E) Eligible taxpayer.--The term `eligible 
 taxpayer' means, with respect to a taxable year, any 
 taxpayer which is not--
 ``
            (i) at any point during the taxable year, 
 an entity under the influence, control, or 
 ownership of--
 ``
            (I) a foreign entity of concern 
 (as defined in 

section 9901 of the 
 William M.

    (Mac) Thornberry National 
 Defense Authorization Act for Fiscal 
 Year 2021), or
 ``
            (II) a firm domiciled in a non-
 market economy (as defined in 

section 771

    (18) of the Tariff Act of 1930), or
 ``
            (ii) subject to a covered trade action 
 (as defined in 

section 108 of the Unearth 
 America's Future Act) at any point during the 
 taxable year.
 ``

    (b) Qualified Investment.--
 ``

    (1) In general.--For purposes of subsection

    (a) , the 
 qualified investment with respect to any critical material 
 facility for any taxable year is the basis of any qualified 
 property placed in service by the taxpayer during such taxable 
 year which is part of such critical material facility.
 ``

    (2) Qualified property.--
 ``
        (A) In general.--For purposes of this subsection, 
 the term `qualified property' means property--
 ``
            (i) which is tangible property,
 ``
            (ii) with respect to which depreciation 
 (or amortization in lieu of depreciation) is 
 allowable,
 ``
            (iii) which is--
 ``
            (I) constructed, reconstructed, 
 or erected by the taxpayer, or
 ``
            (II) acquired by the taxpayer if 
 the original use of such property 
 commences with the taxpayer, and
 ``
            (iv) which is integral to the operation 
 of a critical material facility.
 ``
        (B) Building and structural components.--
 ``
            (i) In general.--The term `qualified 
 property' includes any building or its 
 structural components which otherwise satisfy 
 the requirements of subparagraph
        (A) .
 ``
            (ii) Exception.--Clause
            (i) shall not 
 apply with respect to a building or portion of 
 a building used for offices, administrative 
 services, or other functions unrelated to 
 manufacturing.
 ``

    (3) Coordination with rehabilitation credit.--The 
 qualified investment with respect to any critical material 
 facility shall not include that portion of the basis of any 
 property which is attributable to qualified rehabilitation 
 expenditures (as defined in 

section 47
            (c) (2) ).
 ``

    (4) Certain progress expenditure rules made applicable.--
 Rules similar to the rules of subsections
            (c) (4) and
            (d) of 
 

section 46 (as in effect on the day before the date of the 
 enactment of the Revenue Reconciliation Act of 1990) shall 
 apply for purposes of subsection

    (a) .
 ``
            (c) Elective Payment.--
 ``

    (1) In general.--Except as otherwise provided in 
 paragraph

    (2)
        (A) , in the case of a taxpayer making an election 
 (at such time and in such manner as the Secretary may provide) 
 under this subsection with respect to the credit determined 
 under subsection

    (a) , such taxpayer shall be treated as making 
 a payment against the tax imposed by subtitle A (for the 
 taxable year with respect to which such credit was determined) 
 equal to the amount of such credit.
 ``

    (2) Special rules.--Rules similar to the rules of 

section 48D
            (d) (2) shall apply with respect to an election under 
 paragraph

    (1) .
 ``
            (d) Denial of Double Benefit.--No credit shall be allowed under 

section 45X or under 

section 45BB for any taxable year with respect to 
any critical material facility with respect to a credit is allowed 
under this section.
 ``

    (e) Termination of Credit.--The credit allowed under this section 
shall not apply to property the construction of which begins after 
December 31, 2029.''.

    (b) Conforming Amendments.--

    (1) Section 46 of such Code is amended by striking ``and'' 
 at the end of paragraph

    (6) , by striking the period at the end 
 of paragraph

    (7) and inserting ``, and'', and by adding at the 
 end the following new paragraph:
 ``

    (8) The critical material investment credit.''.

    (2) Section 49

    (a)

    (1)
            (C) of such Code is amended by striking 
 ``and'' at the end of clause
            (vii) , by striking the period at 
 the end of clause
            (viii) and inserting ``, and'', and by adding 
 at the end the following new clause:
 ``
            (ix) the basis of any property which is 
 part of a critical material facility under 
 

section 48F.''.

    (3) Section 50

    (a)

    (2)
        (E) is amended by striking ``or 
 48E

    (e) '' and inserting ``48E

    (e) , or 48F

    (b)

    (4) ''.

    (4) The table of sections for subpart E of part IV of 
 subchapter A of chapter 1, as amended by 

section 107
            (d) of the 
 CHIPS Act of 2022 (Public Law 117-167), is amended by inserting 
 after the item relating to 

section 48E the following new item:

``

Sec. 48F. Critical material investment credit.''.
            (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.

SEC. 202. CRITICAL MATERIAL PRODUCTION TAX CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 

section 45AA the following new section:

``

SEC. 45BB. CRITICAL MATERIAL PRODUCTION CREDIT.

 ``

    (a) In General.--
 ``

    (1) Allowance of credit.--For purposes of 

section 38, the 
 critical material production credit for any taxable year is an 
 amount equal to the sum of the credit amounts determined under 
 subsection

    (b) with respect to each eligible material which 
 is--
 ``
        (A) produced by the taxpayer in the United 
 States, and
 ``
        (B) during the taxable year, sold by such 
 taxpayer to an unrelated person.
 ``

    (2) Production and sale must be in trade or business.--
 Any eligible material produced and sold by the taxpayer shall 
 be taken into account only if the production and sale described 
 in paragraph

    (1) is in a trade or business of the taxpayer.
 ``

    (3) Unrelated person.--
 ``
        (A) In general.--For purposes of this subsection, 
 a taxpayer shall be treated as selling eligible 
 material to an unrelated person if such eligible 
 material is sold to such person by a person related to 
 the taxpayer.
 ``
        (B) Election.--
 ``
            (i) In general.--At the election of the 
 taxpayer (in such form and manner as the 
 Secretary may prescribe), a sale of eligible 
 material by such taxpayer to a related person 
 shall be deemed to have been made to an 
 unrelated person.
 ``
            (ii) Requirement.--As a condition of, and 
 prior to, any election described in clause
            (i) , 
 the Secretary may require such information or 
 registration as the Secretary deems necessary 
 for purposes of preventing duplication, fraud, 
 or any improper or excessive amount determined 
 under paragraph

    (1) .
 ``

    (b) Credit Amount.--
 ``

    (1) In general.--Subject to paragraph

    (2) , the amount 
 determined under this subsection with respect to any eligible 
 material shall be equal to--
 ``
        (A) in the case of a taxpayer producing eligible 
 material at the initial production stage, the eligible 
 rate shall be equal to 15 percent of the taxpayer's 
 cost of production, or
 ``
        (B) in the case of an eligible material with 
 respect to which each input eligible material is 
 sourced--
 ``
            (i) domestically, 10 percent of the 
 taxpayer's cost of production, or
 ``
            (ii) domestically or from a country 
 listed by the Secretary under subsection
            (d) (1) , 7.5 percent of the taxpayer's cost of 
 production.
 ``

    (2) Increase in credit amount for meeting certain 
 standards.--In the case of a taxpayer that meets 1 of the 
 following criteria with respect to the eligible material with 
 respect to which the amount is determined under paragraph

    (1) , 
 the amount determined under paragraph

    (1) (determined without 
 regard to this paragraph) shall be increased by 10 percentage 
 points:
 ``
        (A) Each employee, contractor, or subcontractor 
 employed in relation to the production of the eligible 
 material by the taxpayer during the taxable year was 
 paid wages at rates not less than the prevailing rates 
 for the applicable industry in the locality in which 
 such production occurred as most recently determined by 
 the Secretary of Labor, in accordance with subchapter 
 IV of chapter 31 of title 40, United States Code, and 
 the taxpayer fulfilled the apprenticeship requirements 
 established by the Secretary under subsection
            (d) (2) .
 ``
        (B) Produces--
 ``
            (i) a critical material that the 
 Secretary, in consultation with the heads of 
 other relevant Federal agencies and 
 departments, determines has a supply which is 
 significantly vulnerable to disruption 
 (including restrictions associated with foreign 
 political risk, abrupt demand growth, military 
 conflict, violent unrest, anti-competitive or 
 protectionist behaviors, and other risks 
 throughout the supply chain),
 ``
            (ii) a qualified substitute, or
 ``
            (iii) a recycled critical material.
 ``

    (3) Phase out.--
 ``
        (A) In general.--In the case of any eligible 
 material sold after December 31, 2030, the amount 
 determined under this subsection with respect to such 
 material shall be equal to the product of--
 ``
            (i) the amount determined under paragraph

    (1) with respect to such material, as 
 determined without regard to this paragraph, 
 multiplied by
 ``
            (ii) the phase out percentage under 
 subparagraph
        (B) .
 ``
        (B) Phase out percentage.--The phase out 
 percentage under this subparagraph is equal to--
 ``
            (i) in the case of an eligible material 
 sold during calendar year 2031, 75 percent,
 ``
            (ii) in the case of an eligible material 
 sold during calendar year 2032, 50 percent,
 ``
            (iii) in the case of an eligible material 
 sold during calendar year 2033, 25 percent,
 ``
            (iv) in the case of an eligible material 
 sold after December 31, 2034, 0 percent.
 ``
            (c) Special Rules.--For purposes of this section--
 ``

    (1) Related persons.--Persons shall be treated as related 
 to each other if such persons would be treated as a single 
 employer under the regulations prescribed under 

section 52

    (b) .
 ``

    (2) Pass-thru in the case of estates and trusts.--Under 
 regulations prescribed by the Secretary, rules similar to the 
 rules of subsection
            (d) of 

section 52 shall apply.
 ``

    (3) Sale of integrated components.--For purposes of this 
 section, a person shall be treated as having sold an eligible 
 material to an unrelated person if such material is integrated, 
 incorporated, or assembled into a technology component which is 
 sold to an unrelated person.
 ``
            (d) Regulations.--
 ``

    (1) Identification of safe acquisition sources.--Not 
 later than 1 year after the date of the enactment of this 
 section, the Secretary, in consultation with the Secretary of 
 State, shall publish and maintain a list of countries that meet 
 the following criteria:
 ``
        (A) The country has environmental protections 
 with respect to the production of eligible materials 
 which meet or exceed such protections in the United 
 States.
 ``
        (B) No product of the country is prohibited for 
 importation into the United States pursuant to 

section 307 of the Tariff Act of 1930.
 ``
            (C) The country has labor laws which ensure wage 
 rates are determined by free bargaining between labor 
 and management.
 ``
            (D) The country is not--
 ``
            (i) a foreign entity of concern (as 
 defined in 

section 9901 of the William M.

    (Mac) Thornberry National Defense Authorization Act 
 for Fiscal Year 2021), or
 ``
            (ii) a nonmarket economy country (as 
 defined in 

section 771

    (18) of the Tariff Act of 
 1930).
 ``

    (2) Apprenticeship requirement.--The Secretary, in 
 consultation with the Secretary of Labor, shall establish such 
 apprenticeship requirements as are appropriate for each 
 affected industry for purposes of subsection

    (b)

    (2)
        (A) .
 ``

    (e) Limitation.--For the purposes of calculating the eligible 
credit amount for a taxpayer, the taxpayer shall be unable to claim an 
eligible credit under this section if the taxpayer has already claimed 
an eligible credit for production of an applicable critical mineral 
under 

section 45X for the current year in which this section is being 
claimed.
 ``

    (f) 

=== Definitions. ===
-For the purpose of this section--
 ``

    (1) Terms used in 

section 48f.--The terms `eligible 
 material', `qualified substitute', `critical material', and 
 `technology component' have the meanings given such terms in 
 

section 48F.
 ``

    (2) Initial production stage.--The term `initial 
 production stage' means a stage of production in which the 
 taxpayer produces an eligible material through--
 ``
        (A) extraction,
 ``
        (B) recycling, or
 ``
            (C) in the case of a qualified substitute, any 
 means.
 ``

    (3) Taxpayer's cost of production.--The term `taxpayer's 
 cost of production' means amounts paid or incurred by the 
 taxpayer to produce an eligible material, excluding amounts 
 paid or incurred--
 ``
        (A) for labor,
 ``
        (B) for transportation of any property, and
 ``
            (C) administrative expenses.''.

    (b) Credit Allowed as Part of General Business Credit.--

Section 38

    (b) of such Code is amended by striking ``plus'' at the end of 
paragraph

    (40) , by striking the period at the end of paragraph

    (41) and 
inserting ``, plus'', and by adding at the end the following new 
paragraph:
 ``

    (42) section 45BB (critical material production 
 credit).''.
            (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of such Code is amended by adding 
at the end the following new item:

``

Sec. 45BB. Critical material production credit.''.
            (d) Effective Date.--The amendments made by this section shall 
apply to materials sold after the date of the enactment of this Act.

SEC. 203. CONSULTATION.

    (a) Industrial Advisory Board.--

    (1) Establishment.--The Secretary of the Treasury shall 
 establish an advisory committee to be composed of not fewer 
 than 15 members, including representatives of industry, 
 academia, trade organizations, environmental protection 
 organizations, labor organizations, and international partners, 
 as appropriate, who are qualified to provide advice on matters 
 relevant to increasing domestic capacity of critical materials 
 manufacturing.

    (2) Representation of certain groups.--The Secretary, in 
 carrying out paragraph

    (1) , shall ensure that at least 2 
 members of the advisory committee established under such 
 paragraph are representatives of--
        (A) an environmental protection organization, and
        (B) a labor organization.

    (3) FACA exemption.--

Section 14 of the Federal Advisory 
 Committee Act (5 U.S.C. App.) shall not apply to the advisory 
 committee established under this subsection.

    (b) Interagency Coordination.--In carrying out the development of 
guidance necessary to the implementation of subsection

    (a) , the 
Secretary of the Treasury shall consult the following:

    (1) The advisory committee established under subsection

    (a)

    (1) .

    (2) The Secretary of Agriculture.

    (3) The Secretary of Commerce.

    (4) The Secretary of Defense.

    (5) The Secretary of Energy.

    (6) The Secretary of Health and Human Services.

    (7) The Secretary of Homeland Security.

    (8) The Secretary of the Interior.

    (9) The United States Trade Representative.

    (10) The Director of the White House Office of Science and 
 Technology Policy.

    (11) Such other head of a Federal agency as the Secretary 
 determines appropriate.

 TITLE III--CRITICAL MATERIAL RESEARCH AND DEVELOPMENT

SEC. 301. CLARIFYING MINING RESEARCH AT THE NATIONAL SCIENCE 
 FOUNDATION.

    (a) In General.--

Section 10359 of title III of division B of the 
Research and Development, Competition, and Innovation Act (42 U.S.C. 
19067; Public Law 117-167) is amended--

    (1) in the section heading, by striking ``minerals'' and 
 inserting ``materials'';

    (2) in subsection

    (a) --
        (A) in the subsection heading, by striking 
 ``Minerals'' and inserting ``Materials'';
        (B) by amending paragraph

    (1) to read as follows:
 ``

    (1) In general.--In order to support supply chain 
 resiliency, the Director shall make awards, on a competitive 
 basis, to institutions of higher education, nonprofit 
 organizations, or private entities (or consortia of such 
 institutions, organizations, or entities) to support research 
 and development that will accelerate innovation to advance 
 critical materials mining strategies and technologies for the 
 purpose of making better use of domestic resources and 
 eliminating national reliance on critical materials that are 
 subject to supply disruptions.'';
            (C) in paragraph

    (2) --
            (i) by amending subparagraph
        (A) to read as 
 follows:
 ``
        (A) advancing mining research and development 
 activities to develop new mapping and mining 
 technologies and techniques, including advanced 
 critical material extraction and production, 
 separation, alloying, or processing techniques and 
 technologies that can decrease energy intensity to 
 improve existing or develop new supply chains of 
 critical materials, and yield more efficient, 
 economical, and environmentally benign mining 
 practices;'';
            (ii) by striking subparagraph
        (B) and 
 redesignating subparagraphs
            (C) ,
            (D) ,
        (E) ,
        (F) ,
        (G) , and
        (H) , as subparagraphs
        (B) ,
            (C) ,
            (D) ,
        (E) ,
        (F) , and
        (G) , respectively;
            (iii) in subparagraph
            (C) , as so 
 redesignated, by striking ``minerals'' and 
 inserting ``materials'';
            (iv) in subparagraph
            (D) , as so 
 redesignated, by striking ``minerals'' and 
 inserting ``materials'';
            (v) in subparagraph
        (E) , as so 
 redesignated, by striking ``minerals'' and 
 inserting ``materials''; and
            (vi) in subparagraph
        (F) , as so 
 redesignated, by striking ``minerals'' and 
 inserting ``materials'';
            (D) by redesignating paragraph

    (3) as paragraph

    (4) ; and
        (E) by inserting after paragraph

    (2) the following 
 new paragraph:
 ``

    (3) Collaboration.--In carrying out this subsection, the 
 Director shall collaborate with the Secretary of the Interior, 
 the Secretary of Energy, the Director of the National Institute 
 of Standards and Technology, the Director of the Office of 
 Science and Technology Policy, and the heads of other relevant 
 Federal departments and agencies, including facilities such as 
 the National Laboratories, Manufacturing USA institutes, and 
 other federally funded research and development centers, 
 academia, industry, nonprofit organizations, labor 
 organizations, and international partners, as appropriate, to 
 carry out the purposes described in paragraph

    (1) .''; and

    (3) by amending subsection
            (c) to read as follows:
 ``
            (c) Critical Material Defined.--In this section, the term 
`critical material' has the meaning given such term in 

section 7002

    (a)

    (2) of the Energy Act of 2020 (30 U.S.C. 1606

    (a)

    (2) ).''.

    (b) Clerical Amendment.--The table of contents in sections 1 and 
10000 of Public Law 117-167 are amended by striking the items relating 
to 

section 10359 and inserting the following new items:

``

Sec. 10359. Critical materials mining research and development.''.

SEC. 302. CLARIFYING MINING RESEARCH AT THE DEPARTMENT OF ENERGY.

 

Section 40210 of the Infrastructure Investment and Jobs Act (42 
U.S.C. 18743) is amended--

    (1) in subsection

    (a) --
        (A) by redesignating paragraphs

    (3) ,

    (4) ,

    (5) ,

    (6) ,

    (7) ,

    (8) ,

    (9) , and

    (10) as paragraphs

    (4) ,

    (5) ,

    (6) ,

    (7) ,

    (8) ,

    (9) ,

    (10) , and

    (11) , respectively;
        (B) by inserting after paragraph

    (2) the following 
 new paragraph:
 ``

    (3) Critical material.--The term `critical material' has 
 the meaning given such term in 

section 7002

    (a)

    (2) of the Energy 
 Act of 2020 (30 U.S.C. 1606

    (a)

    (2) ).''; and
            (C) by adding at the end the following new 
 paragraph:
 ``

    (12) Skilled technical workforce.--The term `skilled 
 technical workforce' has the meaning given such term in 

section 4

    (b) of the Innovations in Mentoring, Training, and 
 Apprenticeships Act (42 U.S.C. 1862p note; Public Law 115-
 402).''; and

    (2) by amending subsection

    (b) to read as follows:
 ``

    (b) Critical Material Mining Research and Development.--
 ``

    (1) In general.--In order to support supply chain 
 resiliency, the Secretary shall issue awards, on a competitive 
 basis, to eligible entities described in paragraph

    (2) to 
 support research and development activities that will 
 accelerate innovation to advance critical materials mining and 
 associated extraction technologies and strategies for the 
 purposes of--
 ``
        (A) making better use of domestic resources;
 ``
        (B) eliminating national reliance on critical 
 materials that are subject to supply disruptions; and
 ``
            (C) promoting sustainability with critical 
 materials mining.
 ``

    (2) Eligible entities.--Entities eligible to receive an 
 award under paragraph

    (1) are the following:
 ``
        (A) Federally funded facilities, including 
 National Laboratories, Manufacturing USA institutes, 
 and other federally funded research and development 
 centers.
 ``
        (B) Relevant State, local, or Tribal governmental 
 entities with specialized resources to carry out 
 paragraph

    (1) .
 ``
            (C) Institutions of higher education.
 ``
            (D) Nonprofit organizations.
 ``
        (E) Consortia of entities described in 
 subparagraphs
        (A) through
            (D) , including consortia that 
 collaborate with private industry.
 ``

    (3) Use of funds.--Activities funded by an award under 
 this section may include the following:
 ``
        (A) Advancing mining research and development 
 activities to develop new mapping and mining 
 technologies and techniques, including advanced 
 critical material extraction and separation--
 ``
            (i) to improve existing, or to develop 
 new, supply chains of critical materials; and
 ``
            (ii) to yield more efficient, economical, 
 and environmentally benign mining practices, 
 including through innovative technology and 
 relevant mining equipment applications.
 ``
        (B) Conducting long-term earth observation of 
 reclaimed mine sites, including the study of the 
 evolution of microbial diversity at those sites.
 ``
            (C) Examining the application of artificial 
 intelligence for geological exploration of critical 
 materials, including what size and diversity of data 
 sets would be required.
 ``
            (D) Examining the application of machine learning 
 for detection and sorting of critical materials, 
 including what size and diversity of data sets would be 
 required.
 ``
        (E) Conducting detailed isotope studies of 
 critical materials and the development of more refined 
 geologic models.
 ``
        (F) Providing education, training, and relevant 
 research opportunities to--
 ``
            (i) post-secondary students to expand the 
 critical materials workforce, partially 
 students in engineering and material science 
 disciplines; and
 ``
            (ii) the skilled technical workforce.
 ``

    (4) Collaboration.--In carrying out this subsection, the 
 Secretary shall collaborate with the Secretary of the Interior, 
 the Director of the National Science Foundation, the Director 
 of the National Institute of Standards and Technology, the 
 Director of the Office of Science and Technology Policy, and 
 the heads of other relevant Federal departments and agencies, 
 including facilities such as the National Laboratories, 
 Manufacturing USA institutes, and other federally funded 
 research and development centers, academia, industry, nonprofit 
 organizations, labor organizations, and international partners, 
 as appropriate, to carry out the purposes described in 
 paragraph

    (1) .
 ``

    (5) Existing programs.--The Secretary shall ensure awards 
 issued under this subsection are complementary and not 
 duplicative of existing programs across the Department of 
 Energy and the Federal Government.''.

SEC. 303. CRITICAL MATERIALS RESEARCH AND DEVELOPMENT.

    (a) In General.--In support of the security and competitiveness of 
the United States, the Director of the National Science Foundation (in 
this section referred to as the ``Director'') shall make awards, on a 
competitive basis, to institutions of higher education, nonprofit 
organizations, or private entities (or consortia of such institutions, 
organizations, or entities) for the purposes described in subsection

    (b) .

    (b) Purposes Described.--The purposes described in this subsection 
include any of the following:

    (1) Research and development activities to advance 
 innovative technologies, materials, and techniques relevant to 
 the sustainability, security, and traceability of critical 
 material supply chains, including the following:
        (A) Technologies for the manufacturing of critical 
 materials, including innovative equipment applications 
 and industrial decarbonization processes, across 
 processes such as processing, refining, conversion, and 
 recycling.
        (B) Innovative and emerging materials for improved 
 or new uses within the supply chain, including the 
 following:
            (i) Innovative alloys, magnets, anodes, and 
 other multichemical compound materials.
            (ii) Qualified substitutes designed to 
 replace part or all of a traditionally 
 extracted critical material within a downstream 
 application.
            (iii) Byproducts of existing supply chains 
 that may be recovered at sufficient quantities 
 for use.
            (C) Innovative and emerging downstream applications 
 that--
            (i) reduce reliance on critical material 
 supply chains subject to disruptions; or
            (ii) reduce or replace part or all of a 
 traditionally extracted critical material.
            (D) Any technology, material, or technique to 
 promote circularity and sustainability within the 
 critical material supply chain through increasing the 
 reusability of a critical material.

    (2) Education and workforce development opportunities to 
 support a robust critical materials workforce, which may 
 include any of the following:
        (A) Providing training and research opportunities 
 to undergraduate and graduate students to ensure a 
 robust critical material technical workforce.
        (B) Providing training and other educational 
 pathways to ensure a robust critical material 
 manufacturing workforce through short-term credentials 
 and career and technical education activities, 
 including the following:
            (i) Pathways designed to upskill and 
 reskill, as the case may be, the existing 
 workforce.
            (ii) Pathways and emerging trends designed 
 to address workforce shortages, including as a 
 result of skill gaps, of the future workforce.
            (c) Testbeds.--In carrying out this section, subject to the 
availability of appropriations for such purposes, the Director may 
establish test beds, pursuant to 

section 10390 of the Research and 
Development, Competition, and Innovation Act (42 U.S.C. 19110; enacted 
as part of division B of Public Law 117-167), to advance innovative 
technologies, materials, and techniques for the purpose of creating 
sustainable, secure, and transparent critical material supply chains. 
In doing so, the Director shall prioritize the translation and 
commercialization of the following:

    (1) Qualified substitutes.

    (2) Byproducts.

    (3) Downstream applications using innovative combinations 
 of critical materials, including byproducts, qualified 
 substitutes, or recycled content.

    (4) Decarbonization technologies, including any such 
 technology that improves sustainability of the manufacturing 
 process for critical materials.

    (5) Recycling technologies.
            (d) Critical Materials Education.--

    (1) In general.--The Director shall, on a competitive, 
 merit-reviewed basis, make awards to institutions of higher 
 education and nonprofit organizations (or consortia of such 
 institutions and organizations, which may also include private 
 entities) to establish partnerships to enhance and broaden 
 participation in fields relevant for education and training for 
 the critical material supply chain.

    (2) Activities.--Awards made under this subsection shall be 
 used for the following:
        (A) To--
            (i) conduct training and education 
 activities, including curricula design, 
 development, dissemination, and assessment; and
            (ii) share information and best practices 
 across the network of awardees.
        (B) To develop regional partnerships among 
 associate degree-granting colleges, bachelor degree-
 granting institutions, workforce development programs, 
 labor organizations, and industry to create a diverse 
 national technical workforce trained in fields relevant 
 to the critical material supply chain and ensure 
 education and training is meeting the evolving needs of 
 industry.
            (C) To facilitate partnerships with employers, 
 employer consortia, or other private sector 
 organizations that offer apprenticeships, internships, 
 or applied learning experiences in fields relevant to 
 the critical material supply chain.
            (D) To develop shared infrastructure available to 
 institutions of higher education, two-year colleges, 
 and private organizations to enable experiential 
 learning activities and provide physical or digital 
 access to training facilities and industry-standard 
 tools and processes.
        (E) To create and disseminate public outreach to 
 support awareness of education and career opportunities 
 relevant to the critical material supply chain, 
 including through outreach to K-12 schools and STEM-
 related organizations.
        (F) To collaborate and coordinate with industry and 
 existing public and private organizations conducting 
 education and workforce development activities in 
 fields relevant to the critical material supply chain, 
 as practicable.

    (3) National coordination.--To coordinate activities, best 
 practice sharing, and access to facilities across the 
 partnerships established in accordance with paragraph

    (1) , the 
 Director shall ensure that activities carried out by the 
 partnerships under this subsection are coordinated to the 
 greatest extent possible.

    (4) Priority.--To the extent practicable, the Director 
 shall prioritize awardees under paragraph

    (1) that include 
 entities focused on supporting the creation of a technical 
 workforce relevant to the critical material supply chain, 
 including entities such as associate degree-granting colleges, 
 career and technical entities, workforce development programs, 
 labor organizations, and industry.

    (e) Collaboration.--In carrying out this section, the Director 
shall collaborate with the Secretary of Energy, the Director of the 
National Institute of Standards and Technology, the Director of the 
Office of Science and Technology Policy, and the heads of other 
relevant Federal departments and agencies, including facilities such as 
the National Laboratories, Manufacturing USA institutes, and other 
federally funded research and development centers, academia, industry, 
nonprofit organizations, labor organizations, and international 
partners, as appropriate, to carry out the purposes described in 
subsection

    (b) .

    (f) Existing Programs.--The Director shall ensure awards made under 
this section are complementary and not duplicative of existing programs 
across the National Science Foundation and the Federal Government.

SEC. 304. CRITICAL MATERIALS STANDARDS AND METROLOGY.

    (a) In General.--Subject to the availability of appropriations for 
such purposes, the Director of the National Institute of Standards and 
Technology (referred to in this section as the ``Director'') shall 
carry out a critical materials program to enable advances and 
breakthroughs in measurement science, technical standards, material 
characterization, instrumentation, testing, and manufacturing, 
including recycling, capabilities that will accelerate research and 
development and produce relevant technical standards for sustainable, 
secure, and traceable critical material supply chains.

    (b) Activities.--In carrying out subsection

    (a) , the Director shall 
carry out measurement science, technical standards, material 
characterization, instrumentation, testing, or other activities, as 
appropriate, to support the following:

    (1) Activities related to advancing innovative materials, 
 including byproducts and qualified substitutes, recycled 
 materials, and innovative combinations for downstream 
 applications.

    (2) Activities related to advancing recycling processes of 
 critical materials, including techniques to improve reusability 
 of recycled content.

    (3) Activities related to facilitating the development of 
 technical standards within the critical material supply chain 
 to promote interoperability, collaboration, and traceability.

    (4) Activities related to paragraphs

    (1) through

    (3) with 
 international partners, as appropriate.

    (5) Other activities identified by the Director, as 
 appropriate, to advance the goal described in such subsection.
            (c) Critical Materials Recycling Consortium.--

    (1) In general.--Subject to the availability of 
 appropriations for such purpose, the Director shall convene a 
 consortium to identify future standards and metrology needs to 
 promote advanced recycling processes of critical materials.

    (2) Membership.--
        (A) In general.--The members of the Consortium may 
 include representatives from the National Laboratories, 
 Manufacturing USA institutes, and other federally 
 funded research and development centers, academia, 
 industry, nonprofit organizations, labor organizations, 
 and international partners, as appropriate.
        (B) Exclusion.--The Consortium may not offer 
 membership to any individual who is a representative of 
 a foreign entity of concern or a foreign entity of a 
 foreign country of concern.

    (3) Responsibilities.--The Consortium shall--
        (A) access the current gaps within relevant 
 technical standards and metrology regarding the needs 
 described in paragraph

    (1) ;
        (B) identify any gaps in research necessary to meet 
 such needs; and
            (C) provide recommendations regarding how Federal 
 agencies can address such gaps in carrying out 
 activities related to critical materials recycling.

    (4) Report to congress.--Not later than two years after the 
 establishment of the Consortium, the Director shall submit to 
 the Committee on Commerce, Science, and Transportation of the 
 Senate and the Committee on Science, Space, and Technology of 
 the House of Representatives a report summarizing the findings 
 of the Consortium.

    (5) Collaboration.--The Director shall ensure that the 
 activities carried out by the Consortium are complementary and 
 not duplicative of the collaborative activities carried out by 
 the Critical Materials Consortium established under 

section 7002

    (g)

    (8) of the Energy Act of 2020 (30 U.S.C. 1606

    (g)

    (8) ).

    (6) Termination.--The Consortium shall terminate five years 
 after its establishment.
            (d) Collaboration.--In carrying out this section, the Director 
shall collaborate with the Secretary of Energy.

    (e) Existing Programs.--The Director shall ensure activities 
carried out under this section are complementary and not duplicative of 
existing programs across the National Institute of Standards and 
Technology, the Department of Energy, and other Federal departments and 
agencies.

SEC. 305. CRITICAL MATERIALS DEMONSTRATION.

 Subsection
            (d) of 

section 40210 of the Infrastructure Investment 
and Jobs Act (42 U.S.C. 18743) is amended to read as follows:
 ``
            (d) Grant Program for Pilot Projects To Expand Domestic Capacity 
of Critical Materials.--
 ``

    (1) Establishment.--The Secretary shall establish a grant 
 program to finance pilot projects to promote domestic capacity, 
 reduce reliance on supply chains subject to disruptions, and 
 support innovation in the critical material supply chain.
 ``

    (2) Use of funds.--Pilot projects under paragraph

    (1) may 
 include any of the following to increase the domestic 
 capabilities of the United States to manufacture critical 
 materials across the entire cycle of the critical material 
 supply chain:
 ``
        (A) Innovative technologies, including 
 applications for manufacturing equipment and industrial 
 decarbonization.
 ``
        (B) Innovative and emerging materials for 
 improved or new uses with the supply chain, including 
 qualified substitutes, byproducts, or recycled or 
 reclaimed critical materials.
 ``
            (C) Innovative and emerging downstream 
 applications to reduce reliance on critical materials 
 subject to supply chain disruptions.
 ``
            (D) Any other technology, material, or technique 
 to promote circularity and sustainability, including 
 through environmentally benign processes, within the 
 critical material supply chain.
 ``

    (3) Limitations.--
 ``
        (A) Limitation on grant awards.--A grant awarded 
 under paragraph

    (1) may not exceed $25,000,000.
 ``
        (B) Economic viability.--In awarding grants under 
 paragraph

    (1) , the Secretary shall give priority to 
 projects that the Secretary determines are likely to be 
 economically viable over the long term.
 ``
            (C) Priority.--In awarding grants under paragraph

    (1) , the Secretary shall seek to award not less than 40 
 percent of the total amount of grants awarded during 
 the fiscal year for projects relating to the following:
 ``
            (i) Qualified substitute.
 ``
            (ii) Secondary recovery.
 ``
            (iii) Recycling.
 ``
            (D) Prohibition on awards to foreign countries of 
 concern.--In awarding grants under paragraph

    (1) , the 
 Secretary shall ensure that pilot projects do not 
 export for any manufacturing process of a critical 
 material to a foreign country of concern.
 ``

    (4) Collaboration.--In carrying out this subsection, the 
 Secretary shall collaborate with the Secretary of Commerce, the 
 Secretary of Defense, the Secretary of the Interior, the 
 Director of the National Science Foundation, the Director of 
 the National Institute of Standards and Technology, the 
 Director of the Office of Science and Technology Policy, and 
 the heads of other relevant Federal departments and agencies, 
 including facilities such as the National Laboratories, 
 Manufacturing USA institutes, and other federally funded 
 research and development centers, academia, industry, nonprofit 
 organizations, labor organizations, and international partners, 
 as appropriate, to carry out the purposes described in 
 paragraph

    (1) .
 ``

    (5) Existing programs.--The Secretary shall ensure awards 
 made under paragraph

    (1) are complementary and not duplicative 
 of existing programs across the Department of Energy and the 
 Federal Government.
 ``

    (6) Authorization of appropriations.--There is authorized 
 to be appropriated to the Secretary to carry out this 
 subsection $150,000,000 for each of fiscal years 2026 through 
 2030.
 ``

    (7) === Definitions. ===
-In this subsection:
 ``
        (A) Conversion.--The term `conversion' means the 
 process to alter a refined or purified critical 
 material to a secondary compound that is subject to 
 supply chain disruptions relevant to the national, 
 energy, and economic security of the United States, 
 including the manufacturing of magnets, alloys, or 
 multicompound chemistries, including such chemistries 
 at solid, liquid, or gaseous states.
 ``
        (B) Critical material supply chain.--The term 
 `critical material supply chain' means the lifecycle of 
 a critical material, including the extraction, 
 processing or refining, conversion, and recycling of a 
 critical material.
 ``
            (C) Foreign country of concern.--The term 
 `foreign country of concern' has the meaning given such 
 term in 

section 9901 of the William M.

    (Mac) Thornberry 
 National Defense Authorization Act for Fiscal Year 2021 
 (15 U.S.C. 4651).
 ``
            (D) Qualified substitute.--The term `qualified 
 substitute' means any verifiable alternative to a 
 critical material, including converted critical 
 material compounds, able to carry out an essential 
 function (as such term is used in 

section 7002

    (a)

    (2)
            (ii) of the Energy Act of 2020 (30 U.S.C. 
 1606

    (a)

    (2)
            (ii) )) of a critical material.
 ``
        (E) Refined or purified critical material.--The 
 term `refined or purified critical material' means a 
 critical material that has undergone any relevant 
 manufacturing process to remove impurities and to meet 
 industry standards of purity or concentration for 
 downstream use cases post-extraction or recycling.''.

SEC. 306. DEFINITIONS.

 In this title:

    (1) Byproduct.--The term ``byproduct'' has the meaning 
 given such term in 

section 7002

    (a)

    (1) of the Energy Act of 2020 
 (30 U.S.C. 1606

    (a)

    (1) ).

    (2) Conversion.--The term ``conversion'' means the process 
 to alter a refined or purified critical material to a secondary 
 compound that is subject to supply chain disruptions relevant 
 to the national, energy, and economic security of the United 
 States, including the manufacturing of magnets, alloys, or 
 multicompound chemistries, including such chemistries at solid, 
 liquid, or gaseous states.

    (3) Critical material.--The term ``critical material'' has 
 the meaning given such term in 

section 7002

    (a)

    (2) of the Energy 
 Act of 2020 (30 U.S.C. 1606

    (a)

    (2) ).

    (4) Critical material supply chain.--The term ``critical 
 material supply chain'' means the lifecycle of a critical 
 material, including the extraction, processing or refining, 
 conversion, and recycling of a critical material.

    (5) Foreign country of concern.--The term ``foreign country 
 of concern'' has the meaning given such term in 

section 9901 of 
 the William M.

    (Mac) Thornberry National Defense Authorization 
 Act for Fiscal Year 2021 (15 U.S.C. 4651).

    (6) Foreign entity of concern.--The term ``foreign entity 
 of concern'' has the meaning given such term in 

section 9901 of 
 the William M.

    (Mac) Thornberry National Defense Authorization 
 Act for Fiscal Year 2021 (15 U.S.C. 4651).

    (7) Qualified substitute.--The term ``qualified 
 substitute'' means any verifiable alternative to a critical 
 material, including converted critical material compounds, able 
 to carry out an essential function (as such term is used in 
 

section 7002

    (a)

    (2)
            (ii) of the Energy Act of 2020 (30 U.S.C. 
 1606

    (a)

    (2)
            (ii) )) of a critical material.

    (8) Recycling.--The term ``recycling'' means the process of 
 collecting and processing spent materials and devices and 
 turning the materials and devices into raw materials or 
 components that can be reused either partially or completely.

    (9) Refined or purified critical material.--The term 
 ``refined or purified critical material'' means a critical 
 material that has undergone any relevant manufacturing process 
 to remove impurities and to meet industry standards of purity 
 or concentration for downstream use cases post-extraction or 
 recycling.

    (10) Technical standard.--The term ``technical standard'' 
 has the meaning given such term in 

section 12
            (d) (5) of the 
 National Technology Transfer and Advancement Act of 1995 (15 
 U.S.C. 272 note).
 <all>