Global Strategy for Securing Critical Minerals Act of 2024

The term appropriate committees of Congress means—

(A) the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and

(B) the Permanent Select Committee on Intelligence, 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 Financial Services, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives.

The term critical material means a strategic or critical material, including a rare earth element, that is necessary to meet national defense or national security requirements, including requirements relating to supply chain resiliency, or for the economic security of the United States.

The term foreign entity means—

(i) a government of a foreign country;

(ii) a foreign political party;

(iii) an individual who is not—

(I) a citizen or national of the United States;

(II) an alien lawfully admitted for permanent residence to the United States; or

(III) any other protected individual (as defined in section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3))); and

(iv) a partnership, association, corporation, organization, or other combination of entities organized under the laws of or having its principal place of business in a foreign country.

The term foreign entity includes—

(i) any person owned by, controlled by, or subject to the jurisdiction or direction of an entity described in subparagraph (A);

(ii) any person, wherever located, who acts as an agent, representative, or employee of an entity described in subparagraph (A);

(iii) any person who acts in any other capacity at the order, request, or under the influence, direction, or control, of—

(I) an entity described in subparagraph (A); or

(II) a person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity described in subparagraph (A);

(iv) any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity described in subparagraph (A);

(v) any person with significant responsibility to control, manage, or direct an entity described in subparagraph (A);

(vi) any person, wherever located, who is a citizen or resident of a country controlled by an entity described in subparagraph (A); and

(vii) any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity described in subparagraph (A).

The term foreign entity of concern means any foreign entity that is—

(i) designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);

(ii) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;

(iii) owned by, controlled by, or subject to the jurisdiction, direction, or otherwise under the undue influence of a government of a covered nation (as defined in section 4872(d) of title 10, United States Code);

(iv) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—

(I) chapter 37 of title 18, United States Code (commonly known as the Espionage Act);

(II) section 951 or 1030 of title 18, United States Code;

(III) chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996);

(IV) the Arms Export Control Act (22 U.S.C. 2751 et seq.);

(V) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);

(VI) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or

(VII) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or

(v) determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this Act.

The term foreign entity of concern does not include any entity with respect to which 1 or more foreign entities described in subparagraph (A) owns less than 10 percent of the equity interest.

The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

The term metallurgy means the process of producing finished critical material products from critical materials.

The term person includes an individual, partnership, association, corporation, organization, or any other combination of individuals.

The term United States entity means an entity organized under the laws of the United States or any jurisdiction within the United States.

Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report outlining United States offices and positions responsible for securing the supply chains of a diverse set of critical materials.

The report required by subsection (a) shall—

(1) review the roles and responsibilities of offices and positions within the Department of State engaged, as of the date of the enactment of this Act, in efforts to secure critical material supply chains and develop processes to ensure that those offices coordinate and deconflict such efforts; and

(2) describe how those offices in the Department of State are responsible for coordinating with other elements of the United States Government, the intelligence community, the private sector, and countries that are allies and partners of the United States.

Not later than 120 days after the date of the enactment of this Act, the Secretary shall brief the appropriate committees of Congress on the report required by subsection (a).

The Secretary of State shall seek to establish the Partnership for Global Infrastructure and Investment to coordinate the efforts of the United States Government in priority infrastructure sectors, including energy and biological supply chains, to ensure there is a whole-of-government approach to securing supply chain inputs, technologies, and infrastructure investments.

The Secretary of State shall identify an appropriate official or office of the Department of State to establish a mechanism and process for certifying if critical material projects carried out by United States entities have the support of the United States Government, which—

(1) may include using the Blue Dot Network or another mechanism in existence as of the date of the enactment of this Act, as appropriate; and

(2) shall include a process for ensuring that United States entities can engage with United States embassies in foreign countries to utilize the mechanism and process to secure support for pursing critical material projects in such countries.

Section 1412 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9612) is amended—

(1) in subsection (b)—

(A) by striking The purpose and inserting the following:

The purpose

(B) by striking shall be to and inserting the following: “shall be—

(A) to

(C) by striking the United States. and inserting the following: “the United States; and

(B) to provide support under title II in high-income economy countries for projects involving development, processing, or recycling of critical materials if such support furthers the national security interests of the United States.

(D) by striking In carrying out and inserting the following:

In carrying out

(D) ; and

(E) by adding at the end the following:

For the purposes of paragraph (1)(B):

The term critical material has the meaning given that term in section 2 of the Global Strategy for Securing Critical Minerals Act of 2024.

The term high-income economy country means a country with a high-income economy, as defined by the International Bank for Reconstruction and Development and the International Development Association (collectively referred to as the World Bank).

(E) ; and

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

Notwithstanding the income classification of the country with which the geopolitical entity is associated, the Corporation may provide support under title II to a geopolitical entity that is included, as of the date on which the support is provided, on the list of dependencies and areas of special sovereignty prepared by the Department of State.

It is the sense of Congress that—

(1) allies of the United States, such as Japan, South Korea, and European countries, provide financial support for the importation of commodities essential for national security; and

(2) given the locations of critical materials and the lack of existing mining, processing, refining, or recycling facilities for those materials, the United States must ensure that United States entities can compete for the offtake of critical materials in projects being carried out abroad, whether or not the project is operated by a United States entity.

The President of the Export-Import Bank of the United States shall develop a strategy for the issuance of guaranties, insurance, or extensions of credit, or the participation in the extension of credit, in connection with a project carried out outside the United States if the offtake of the project is critical for a United States entity.

In developing the strategy required by paragraph (1), the President of the Bank shall conduct outreach to United States entities, including automotive companies, to ensure that the United States private sector can adequately compete to secure critical material supply chains abroad, including in the production of batteries necessary for the electric grid, transportation, and weapons and other defenses in the United States.

Section 2(l)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(l)(1)(B)) is amended—

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

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

(xi) Critical materials (as defined in section 2 of the Global Strategy for Securing Critical Minerals Act of 2024) and permanent magnets.

The Secretary of Energy shall establish in the Department of Energy a program to provide Federal financial assistance to covered entities to incentivize investment in covered facilities, subject to the availability of appropriations for that purpose.

A covered entity seeking financial assistance under this subsection shall submit to the Secretary an application that describes the project for which the covered entity is seeking financial assistance.

In order for a covered entity to qualify for financial assistance under this subsection, the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that—

(i) the covered entity has a documented interest in—

(I) constructing a covered facility; or

(II) expanding or technologically upgrading a facility owned by the covered entity to be a covered facility; and

(ii) with respect to the project for which the covered entity is seeking financial assistance, the covered entity has—

(I) been offered a covered incentive;

(II) made commitments to worker and community investment, including through—

(aa) training and education benefits paid by the covered entity; and

(bb) programs to expand employment opportunity for economically disadvantaged individuals;

(III) secured commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals; and

(IV) an executable plan to sustain a covered facility without additional Federal financial assistance under this subsection for facility support.

The Secretary may not approve an application submitted by a covered entity under subparagraph (A)—

(I) unless the Secretary—

(aa) confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B);

(bb) determines that the project for which the covered entity is seeking financial assistance is in the interest of the United States; and

(cc) has notified the appropriate committees of Congress not later than 15 days before making any commitment to provide an award of financial assistance to any covered entity in an amount that exceeds $10,000,000; or

(II) if the Secretary determines, in consultation with the Director of National Intelligence, that the covered entity is a foreign entity of concern.

In reviewing an application submitted by a covered entity under subparagraph (A), the Secretary may consider whether—

(I) the covered entity has previously received financial assistance under this subsection;

(II) the governmental entity offering the applicable covered incentive has benefitted from financial assistance previously provided under this subsection;

(III) the covered entity has demonstrated that the covered entity is responsive to the national security needs or requirements established by the intelligence community (or an agency thereof), the National Nuclear Security Administration, or the Department of Defense;

(IV) if practicable, a consortium that is considered a covered entity includes a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), notwithstanding section 121.103 of title 13, Code of Federal Regulations (or successor regulations); and

(V) the covered entity intends to produce finished products for use by the Department of Defense, the defense industry of the United States, or critical energy infrastructure.

To the maximum extent practicable, the Secretary shall prioritize awarding financial assistance under this subsection to a covered entity that intends to make finished products available for use by the Department of Defense, the defense industry of the United States, or critical energy infrastructure.

The Secretary may request records and information from a covered entity that submitted an application under subparagraph (A) to review the status of a covered entity.

As a condition of receiving assistance under this subsection, a covered entity shall provide the records and information requested by the Secretary under clause (i).

The Secretary shall determine the appropriate amount and funding type for each financial assistance award provided to a covered entity under this subsection.

The total amount of financial assistance that may be guaranteed by the Secretary under this subsection shall be not more than 100 percent of the private capital investment available to a covered entity for any individual project.

The total Federal investment in any individual project receiving a financial assistance award under this subsection shall be not less than $20,000,000.

The total Federal investment in any individual project receiving a financial assistance award under this subsection shall not exceed $500,000,000, unless the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, recommends to the President, and the President certifies and reports to the appropriate committees of Congress, that a larger investment is necessary—

(i) to significantly increase the proportion of reliable domestic supply of finished critical material products relevant for national security and economic competitiveness that can be met through domestic production; and

(ii) to meet the needs of national security.

A covered entity that receives a financial assistance award under this subsection may only use the financial assistance award amounts—

(A) to finance the construction of a covered facility (including equipment) or the expansion or technological upgrade of a facility (including equipment) of the covered entity to be a covered facility, as documented in the application submitted by the covered entity under paragraph (2)(A), as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States;

(B) to support workforce development for a covered facility; and

(C) to support site development and technological upgrade for a covered facility.

For all financial assistance awards provided to covered entities under this subsection, the Secretary shall, at the time of making the award, determine the target dates by which a covered entity shall commence and complete the applicable project.

If the covered entity receiving a financial assistance award under this subsection does not complete the applicable project by the applicable target date determined under clause (i), the Secretary shall progressively recover up to the full amount of the award.

In the case of projects that do not meet the applicable target date determined under clause (i), the Secretary may waive the requirement to recover the financial award provided for the project under clause (ii) after making a formal determination that circumstances beyond the ability of the covered entity to foresee or control are responsible for the delay.

Not later than 15 days after making a determination to recover an award under clause (ii), the Secretary shall notify the appropriate committees of Congress of the intent of the Secretary to recover the award.

Not later than 15 days after the date on which the Secretary provides a waiver under clause (iii), the Secretary shall notify the appropriate committees of Congress of the waiver.

Before entering into an agreement with a foreign entity to conduct joint research or technology licensing, or to share intellectual property, a covered entity that has received a financial assistance award under this subsection—

(I) shall notify the Secretary of the intent to enter into such an agreement; and

(II) may only enter into such an agreement if the Secretary determines the foreign entity is not a foreign entity of concern.

On receiving a notification under clause (i), the Secretary, in consultation with the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, shall make a determination of whether the applicable foreign entity is a foreign entity of concern.

The Secretary shall recover the full amount of a financial assistance award provided to a covered entity under this subsection if, during the applicable term of the award, the covered entity knowingly engages in any joint research, technology licensing, intellectual property sharing effort, or joint venture with a foreign entity of concern that relates to a technology or product that raises national security concerns, as determined by the Secretary, in consultation with the Director of National Intelligence, the Director of the National Counterintelligence and Security Center, and the Director of the Federal Bureau of Investigation, on the condition that the determination of the Secretary shall have been communicated to the covered entity before the covered entity engaged in the joint research, technology licensing, or intellectual property sharing.

A covered entity to which the Secretary awards Federal financial assistance under this subsection shall enter into an agreement that specifies that, during the 5-year period immediately following the award of the Federal financial assistance, the covered entity will not make shareholder distributions in excess of profits.

In carrying out the program established under subsection (a), the Secretary shall coordinate with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence.

The Comptroller General of the United States shall—

(1) not later than 2 years after the date of disbursement of the first financial award under the program established under subsection (a), and biennially thereafter for 10 years, conduct a review of the program, which shall include, at a minimum—

(A) a determination of the number of financial assistance awards provided under the program during the period covered by the review;

(B) an evaluation of how—

(i) the program is being carried out, including how recipients of financial assistance awards are being selected under the program; and

(ii) other Federal programs are leveraged for manufacturing, research, and training to complement the financial assistance awards provided under the program; and

(C) a description of the outcomes of projects supported by financial assistance awards provided under the program, including a description of—

(i) covered facilities that were constructed or facilities that were expanded or technologically upgraded to be covered facilities as a result of financial assistance awards provided under the program;

(ii) workforce training programs carried out with financial assistance awards provided under the program, including efforts to hire individuals from disadvantaged populations; and

(iii) the impact of projects receiving financial assistance awards under the program on the United States share of global finished critical material product production; and

(2) submit to the appropriate committees of Congress the results of each review conducted under paragraph (1).

There are authorized to be appropriated to carry out this section—

(1) $750,000,000 for each of fiscal years 2025 and 2026; and

(2) $200,000,000 for each of fiscal years 2027 through 2029.

In this section:

The term covered entity means a private entity, a consortium of private entities, or a consortium of public and private entities, with a demonstrated ability to substantially finance, construct, expand, or technologically upgrade a covered facility.

The term covered facility means a facility located in a State that carries out the metallurgy or recycling of critical materials for the production of critical material products.

The term covered incentive means—

(A) an incentive offered by a Federal, State, local, or Tribal governmental entity to a covered entity for the purposes of—

(i) constructing within the jurisdiction of the governmental entity a covered facility; or

(ii) expanding or technologically upgrading an existing facility within that jurisdiction to be a covered facility; and

(B) a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to critical materials and finished critical material products, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State.

The term finished critical material product means a product composed of significant quantities of critical materials, including—

(A) metals;

(B) alloys; and

(C) permanent magnets.

The term private capital has the meaning given the term in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662).

The term State means—

(A) each of the several States of the United States;

(B) the District of Columbia;

(C) the Commonwealth of Puerto Rico;

(D) Guam;

(E) American Samoa;

(F) the Commonwealth of the Northern Mariana Islands;

(G) the Federated States of Micronesia;

(H) the Republic of the Marshall Islands;

(I) the Republic of Palau; and

(J) the United States Virgin Islands.

The Secretary of the Interior shall increase collaboration and information sharing between the geoscience organizations of Australia, Canada, South Korea, Japan, member countries of the North Atlantic Treaty Organization and non-NATO allies and partners, as the Secretary of the Interior determines to be appropriate, and the United States to include knowledge sharing on critical materials processing and recycling techniques and equipment.

Collaboration and information under subsection (a) shall extend to—

(1) the Earth Mapping Resources Initiative established by section 40201 of the Infrastructure Investment and Jobs Act (43 U.S.C. 31l); and

(2) the National Cooperative Geologic Mapping Program under section 4 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c).

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

(1) in subsection (b), by striking paragraph (1) and inserting the following:

In order to support supply chain resiliency, the Secretary, in coordination with the Director, and in collaboration with countries that are allies and partners of the United States, as the Secretary of State determines to be appropriate, shall issue awards, on a competitive basis, to eligible entities described in paragraph (2) to support basic research that will accelerate innovation to advance critical minerals mining, recycling, and reclamation strategies and technologies for the purposes of—

(A) making better use of domestic resources; and

(B) eliminating national reliance on minerals and mineral materials that are subject to supply disruptions.

(1) ; and

(2) in subsection (c)(1), by inserting, in collaboration with allied and partner countries, as the Secretary of State determines to be appropriate, after National Science and Technology Council (referred to in this subsection as the Subcommittee).

Section 40204 of the Infrastructure Investment and Jobs Act (43 U.S.C. 50e) is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following:

The United States Geological Survey may collaborate with Australia and Canada on the energy and minerals research carried out at the facility described in subsection (a).

Section 7001(c)(1) of the Energy Act of 2020 (42 U.S.C. 13344(c)(1)) is amended inserting and in coordination with academic communities in countries that are allies and partners of the United States, as the Secretary determines to be appropriate, after academic partner,.

Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall, in consultation with the heads of such other Federal agencies as the Director considers appropriate, develop a strategy to improve the sharing between the Federal Government and private entities of information to mitigate the threat that illicit activities and tactics of foreign adversaries pose to United States entities involved in projects outside the United States relating to energy generation and storage, including with respect to critical materials inputs for those projects.

The strategy required by subsection (a) shall address—

(1) how best to assemble and transmit information to United States entities—

(A) to protect against illicit tactics and activities of foreign adversaries relating to critical material projects outside the United States, including efforts by foreign adversaries to undermine those projects;

(B) to mitigate the risk that the involvement of governments of foreign adversaries in the ownership and control of entities engaging in deceptive or illicit activities pose to the interests of the United States; and

(C) to inform on economic espionage and other threats from foreign adversaries to the rights of owners of intellectual property, including owners of patents, trademarks, copyrights, trade secrets, and other sensitive information, with respect to such property; and

(2) how best to receive information from United States entities with respect to threats to United States interests relating to critical materials, including disinformation campaigns abroad or other suspicious malicious activity.

Not later than 30 days after the date on which the Director completes developing the strategy required by subsection (a), the Director shall submit to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), or provide such committees a briefing on, a plan for implementing the strategy.

Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall, in coordination with the Chief Executive Officer of the United States International Development Finance Corporation, the President of the Export-Import Bank of the United States, and the Secretary of Energy, establish a mechanism to share information with the private sector on government financing tools available for investment in projects outside the United States relating to critical materials.

The mechanism developed under subsection (a) shall include—

(1) a single point person or office to lead the effort to share information as described in that subsection;

(2) a publicly accessible website that details the tools each relevant Federal agency has available to support private sector investment in projects described in that subsection, including for each such tool at each such agency—

(A) the criteria required to receive support pursuant to the relevant agency tool;

(B) a point of contact to coordinate and advice on applying for that support;

(C) how applications can be submitted;

(D) the amount of funding available; and

(E) a list of projects carried out with that support;

(3) policies to ensure that, in cases in which due diligence and project vetting requirements are similar across Federal agencies, an application filed by an entity, if permitted by the entity, is shared across relevant agencies to avoid unnecessary duplication;

(4) coordination of regular meetings of the relevant Federal agencies—

(A) to coordinate projects and processes; and

(B) to identify gaps in tools needed to support private sector investment in projects described in subsection (a), including in coordination with the Minerals Investment Network for Vital Energy Security and Transition (MINVEST); and

(5) a way for private sector entities to regularly engage with the relevant Federal agencies to identify potential gaps in United States support and tools for private industry attempting to invest in, operate, or secure critical material projects outside the United States.

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report on the plan required by subsection (a), including each elements required under subsection (b).

The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report setting forth a plan of action for use of authorities, including a proposal for new or expanded authorities, to establish or enhance responsible domestic production and procurement capabilities, including through recycling, for critical materials and related materials.

The report required by paragraph (1) shall—

(A) include an identification of defense-critical end products that are reliant on rare earth elements and other critical materials for which domestic industrial capabilities are insufficient;

(B) detail how the plan of action—

(i) aligns with existing Federal critical materials strategies and recommendations, including those developed pursuant to applicable Executive orders and statutes, to produce a holistic response to address critical material supply chain risks; and

(ii) coordinates Federal authorities and interagency efforts to implement such strategies and recommendations, including by identifying implementation challenges and authorities or resources needed to complete implementation and reduce United States critical materials supply chain vulnerability; and

(C) include recommendations to minimize adverse environmental and social impacts from the activities described in paragraph (1).

In this section, the term domestic, with respect to production capabilities or procurement capabilities for critical materials and related materials, means—

(1) the production of such materials in a country specified in the definition of domestic source in section 702 of the Defense Production Act of 1950 (50 U.S.C. 4552); or

(2) the procurement of such materials from a business concern described in that definition.

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate committees of Congress a report assessing the imposition of a duty on each article described in subsection (b).

An article described in this subsection is an article classified under any of the following headings or subheadings of the Harmonized Tariff Schedule of the United States:

(1) 8505.

(2) 8506.

(3) 8507.

(4) 8541.42.00.

(5) 8541.43.00.

The report required by subsection (a) shall include recommendations for—

(1) appropriate ranges for the rate of duty to be applied to an article described in subsection (b) that was produced or manufactured, or underwent final assembly, in a country other than—

(A) an ally described in section 3(b)(2) of the Arms Export Control Act (22 U.S.C. 2753(b)(2));

(B) a country designated by the President as a major non-NATO ally under section 517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k);

(C) Mexico, if the United States-Mexico-Canada Agreement, or a successor agreement, is in effect;

(D) Costa Rica, El Salvador, Guatemala, Honduras, and the Dominican Republic, if the Dominican Republic-Central America Free Trade Agreement, or a successor agreement, is in effect;

(E) Chile, if the United States-Chile Free Trade Agreement, or a successor agreement, is in effect; and

(F) India, for a period of 10 years beginning on the date of the enactment of this Act; and

(2) the appropriate rate of duty to be applied to an article described in subsection (b) that was produced or manufactured, or underwent final assembly, in the People’s Republic of China.

The assessment required by subsection (a) shall include—

(1) a plan for implementing duties on articles described in subsection (b) at the rates recommended under subsection (c); and

(2) an assessment of the risks and benefits of increasing the rates of duty on such articles over a period of time.

None of the funds authorized to be appropriated to carry out this Act may be provided to a foreign entity of concern.

As soon as practicable, after the date of the enactment of this Act, the Secretary of State shall establish an initiative under which the Secretary works with the Secretary of Labor, the Director of the National Science Foundation, the Critical Minerals Subcommittee of the National Science and Technology Council, the private sector, institutions of higher education, and workforce training entities to incentivize and expand participation in graduate, undergraduate, and vocational programs, and to develop workforce training programs and apprenticeships, relating to advanced critical material mining, separation, processing, recycling, metallurgy, and advanced equipment maintenance capabilities.