Sec. 102. Minerals Security Partnership authorization
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The Secretary, acting through the Under Secretary of State for Economic Growth, Energy, and the Environment, may lead United States participation in a Minerals Security Partnership , for the following purposes: To identify and support investment and advocate for commercial and military use critical mineral mining, processing, and refining projects that enable robust, secure, and transparent critical mineral supply chains, in consultation with the other Federal agencies, as appropriate.
To coordinate with relevant regional bureaus to develop regional diplomatic engagement strategies related to critical minerals projects and to identify projects that are priorities. To coordinate with United States missions abroad on projects, programs, and investments that enable robust and secure critical mineral supply chains. To coordinate with current and prospective members of the Minerals Security Partnership. To establish a mechanism for information-sharing with members of the Minerals Security Partnership.
To establish policies and procedures, and if necessary, to provide funding to facilitate cooperation on joint projects with members of the Minerals Security Partnership and any related organizations established by the Minerals Security Partnership (including the Mineral Security Partnership Forum), including those related to cost-sharing agreements, political risk insurance, financing, equity investments, pricing mechanisms, procurement, and other support, in coordination with other Federal agencies, as appropriate.
To coordinate with Development Finance Institutions, Export Credit Agencies, multilateral banks, and private banks headquartered in Minerals Security Partnership member countries to promote information exchange and co-financing through the Minerals Security Partnership Finance Network. To identify individuals within the Bureau of Energy Security and Diplomacy to monitor and coordinate responses to trade measures or policies that may adversely affect United States and allied country supplies of critical minerals or investments in third-country critical mineral markets, especially investments supported by the Minerals Security Partnership.
To establish procedures to prevent, review, and deter critical mineral asset sales to prohibited foreign entities (as such term is defined in section 7701 of the Internal Revenue Code) by companies within the jurisdiction of Minerals Security Partnership and Minerals Security Partnership Forum member countries. To establish a framework for the transparent evaluation of member countries’ compliance and effectiveness in fulfilling the purposes listed in paragraphs
(1)through
(9)of this section. To identify and recommend priority countries for future engagement, including through an Energy Security Compact described in section 201 or any other relevant alliance between the United States and a foreign country related to securing and diversifying critical mineral supply chains. As part of the Minerals Security Partnership, the Secretary, acting through the Under Secretary, may establish and maintain a database of critical mineral projects for the purpose of providing high quality and up-to-date information to the private sector in order to spur greater investment, increase the resilience of global critical minerals supply chains, and boost United States supply of critical minerals. The Secretary, acting through the Under Secretary, shall develop a procedure for the collection, handling, and transmission of commercial information or data that is provided by other Federal departments and agencies and transmitted to members of the Minerals Security Partnership. The procedure required in paragraph
(1)shall include the following limitations: Any information or data which is geological or geophysical information or a trade secret or commercial or financial information shall, prior to transmittal, be aggregated, accumulated, or otherwise reported in such a manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such information. The limitations on disclosure described in the following: section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 ( 15 U.S.C. 796(d) ); section 14(b) of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 773(b) ); section 9 of title 13, United States Code; the first section of the Act of January 27, 1938, entitled An Act to make confidential certain information furnished to the Bureau of Foreign and Domestic Commerce, and for other purposes ( 15 U.S.C. 176a ); section 1905 of title 18, United States Code; and section 252 of the Energy Policy and Conservation Act of 1975 ( 42 U.S.C. 6274 ). Notwithstanding paragraph (2), the Secretary may make any information or data available to members of the Minerals Security Partnership during an international energy supply emergency. Notwithstanding paragraph (2), the Secretary may make any information or data available to members of the Minerals Security Partnership if the President certifies, after opportunity for presentation of views by interested persons, that the Minerals Security Partnership has adopted and is implementing security measures such that such information or data will not be disclosed by member countries of the Minerals Security Partnership or the agencies or employees of such countries to any person or foreign country without having been aggregated, accumulated, or otherwise reported in such manner as to avoid identification of any person from whom the United States obtained such information or data. The Secretary shall prioritize staffing the Mineral Security Partnership with individuals who have the following qualifications: Substantive knowledge and experience in issues related to critical minerals supply chains and the application of such supply chains to strategic industries, including in the defense, energy, and technology sectors. Substantive knowledge and experience in large-scale multi-donor project financing and related technical and diplomatic arrangements, international coalition-building, development finance, and project management. Substantive knowledge and experience in trade and foreign policy, defense-industrial base policy, or national security-sensitive supply chain issues. The Secretary, acting through the Under Secretary for Economic Growth, Energy, and the Environment, shall ensure close coordination between the Department, the private sector, and relevant civil society groups regarding the implementation of this section. The United States, through participation in the Minerals Security Partnership, shall prioritize projects that advance the national and economic security interests of the United States and allies and partners of the United States. The United States shall advocate for the Minerals Security Partnership to use environmental, societal, and governance standards, including as criteria for project selection, that are consistent with United States law or international agreements approved by Congress. The Department shall coordinate with the private sector to leverage expertise and ensure projects supported by the Minerals Security Partnership are catalyzed by private sector investments and commercial offtake, with priority to the United States, through the Minerals Investment Network for Vital Energy Security and Transformation (commonly known as MINVEST ).
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