[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
gu