Sec. 101. International cooperation to secure critical minerals supply chains
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It is the policy of the United States— to collaborate with allies and partners of the United States to build secure and resilient critical mineral supply chains, including in the mining, processing, reclamation and recycling, and valuation of critical minerals, as well as with respect to advanced manufacturing that includes critical minerals; to prioritize the development and production of critical minerals domestically, including both to supply domestic needs and for export to allies and partners that participate in secure and resilient supply chains for critical minerals; to reduce or eliminate reliance on critical mineral supply chains controlled by the People’s Republic of China, the Russian Federation, Iran, or any other strategic competitor to the United States; to work with allies and partners on enhancing evaluation capability, tracing, and technology in trusted countries that produce critical minerals to avoid the export of mined and processed critical minerals to adversaries of the United States; to identify and implement market-based incentives for the purposes of facilitating the creation and maintenance of secure and resilient critical mineral supply chains, including for reclamation and recycling of critical mineral resources from waste streams, in collaboration with allies and partners; to prioritize securing critical mineral supply chains in the United States foreign policy, including through the use of economic tools to invest responsibility in beneficiation and value-adding projects in partner countries in a manner that both benefits local populations and bolsters the supply of critical minerals to the United States; to work with allies and partners to address the distortive effects of predatory economic, pricing, and market manipulation practices used by the People’s Republic of China the Russian Federation, Iran, or any other strategic competitor of the United States; to coordinate policy tools and investments with allies and partners to accelerate the development of transparent, traceable, diversified, and fair markets for critical minerals and rare earths; and that collaboration with allies and partners to build secure and resilient critical mineral supply chains shall not replace United States efforts to increase domestic development and production or recycling of critical minerals.
The President may negotiate an agreement with the governments of foreign countries for the purposes of establishing a coalition to— facilitate the transparent mining, processing, supply, and procurement of critical minerals; facilitate advanced manufacturing that includes critical minerals; and secure an adequate supply of critical minerals and relevant products, manufacturing inputs, and components that are heavily dependent on critical mineral resources for the United States and other members of the coalition (in this title referred to as member countries ).
The overall objectives for negotiating an agreement described in paragraph
(1)shall be— to establish mechanisms for member countries to build secure, resilient, and transparent supply chains for critical minerals, including in— the mining, refinement, processing, and valuation of critical minerals; and advanced manufacturing of products, components, and materials that are dependent on critical minerals; to improve economies of scale and joint cooperation with international partners in securing access to and means of production throughout the supply chains of critical minerals and manufacturing processes dependent on critical minerals; to establish mechanisms, with appropriate market-based disciplines, that provide and maintain opportunities among member countries for creating industry economies of scale to attract joint investment among member countries, including— cooperation on joint projects, including cost-sharing on building appropriate infrastructure to access deposits of critical minerals; and creation or enhancement of national and international programs to support the development of robust industries by providing appropriate sector-specific incentives, such as political risk and other insurance opportunities, financing, and other support, for— transparent mining and processing of critical minerals; manufacturing of products, components, and materials that are dependent on critical minerals and are essential to consumer technology products or have important national security implications; and associated transportation needs that are tailored to the handling, movement, and logistics management of critical minerals and products, components, and materials that are dependent on critical minerals; to establish market-based rules for member countries regarding adoption of qualifying tax and other incentives to stimulate investment to ensure a fair playing field among member countries; to establish recommended best practices to protect— labor rights; the natural environment and ecosystems near critical mineral industrial sites; the safety of communities near critical mineral industrial activities through consultation; and supply chain diversity; to advance economic growth in developing countries with critical mineral reserves, including for the benefit of the citizens of such countries; to establish rules allowing for the establishment of a consortium that is resourced and empowered to bid and compete in acquiring and securing potential deposits of critical minerals in countries that are not member countries; to establish a mechanism for joint resource mapping with procedures for equitable sharing of information on potential deposits of critical minerals not less frequently than annually; to establish appropriate mechanisms for the recognition and enforcement by a member country of judgements relating to environmental and related harms caused by mining operations within such member country in contravention of the laws of such country; and to improve supply chain security among member countries by providing for national treatment investment protections among member countries that are equal to, or better than, the standards set forth in the United States model bilateral investment treaty. In the course of negotiations described in paragraph (1), the Secretary shall, not less frequently than annually, consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, and shall keep such committees fully apprised of such negotiations. Nothing in this section shall be construed to alter any other provision of United States domestic law or regulation applicable to critical minerals.