[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