,,ii #aahth ,,congress #ast ,session ,s4 #dd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd 7legislative day1 ,january #c71 #bjbc,mr4 ,rubio introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to require the ,secretary of ,energy to establish a program to incentivize investment in facilities that carry out the metallurgy of rare earth elements and the production of finished rare earth products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,obtaining ,national and ,secure ,homeland ,operations for ,rare ,earth ,manufacturing ,act of #bjbc or the ,,onshore ,manufacturing ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,energy and ,natural ,resources1 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,finance of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,energy and ,commerce1 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,science1 ,space1 and ,technology1 the ,committee on ,appropriations1 the ,committee on ,financial ,services1 the ,committee on ,homeland ,security1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#b7 ,covered entity ,the term covered entity means a private entity1 a consortium of private entities1 or a consortium of public and private entities with a demonstrated ability to substantially finance1 construct1 expand1 or technologically upgrade a covered facility4 7#c7 ,covered facility ,the term covered facility means a facility located in a ,state that carries out the metallurgy of rare earth elements for the production of finished rare earth products4 7#d7 ,covered incentive ,the term covered incentive means-- 7,a7 an incentive offered by a ,federal1 ,state1 local1 or ,tribal governmental entity to a covered entity for the purposes of-- 7i7 constructing within the jurisdiction of the governmental entity a covered facility2 or 7ii7 expanding or technologically upgrading an existing facility within that jurisdiction to be a covered facility2 and 7,b7 a workforce-related incentive 7including a grant agreement relating to workforce training or vocational education71 any concession with respect to real property1 funding for research and development with respect to rare earth elements and finished rare earth products1 and any other incentive determined appropriate by the ,secretary1 in consultation with the ,secretary of ,state4 7#e7 ,finished rare earth product ,the term finished rare earth product means a product composed of significant quantities of rare earth elements1 including-- 7,a7 metals2 7,b7 alloys2 and 7,c7 permanent magnets4 7#f7 ,foreign entity 7,a7 ,in general ,the term foreign entity means-- 7i7 a government of a foreign country and a foreign political party2 7ii7 a natural person who is not-- 7,i7 a lawful permanent resident of the ,united ,states2 7,,ii7 a citizen or national of the ,united ,states2 or 7,,iii7 any other protected individual 7as defined in section #bgd;,b7a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7a77#c7772 and 7iii7 a partnership1 association1 corporation1 organization1 or other combination of persons organized under the laws of or having its principal place of business in a foreign country4 7,b7 ,inclusions ,the term foreign entity includes-- 7i7 any person owned by1 controlled by1 or subject to the jurisdiction or direction of an entity described in subparagraph 7,a72 7ii7 any person1 wherever located1 who acts as an agent1 representative1 or employee of an entity described in subparagraph 7,a72 7iii7 any person who acts in any other capacity at the order1 request1 or under the influence1 direction1 or control1 of-- 7,i7 an entity described in subparagraph 7,a72 or 7,,ii7 a person the activities of which are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in majority part by an entity described in subparagraph 7,a72 7iv7 any person who directly or indirectly through any contract1 arrangement1 understanding1 relationship1 or otherwise1 owns #be percent or more of the equity interests of an entity described in subparagraph 7,a72 7v7 any person with significant responsibility to control1 manage1 or direct an entity described in subparagraph 7,a72 7vi7 any person1 wherever located1 who is a citizen or resident of a country controlled by an entity described in subparagraph 7,a72 and 7vii7 any corporation1 partnership1 association1 or other organization organized under the laws of a country controlled by an entity described in subparagraph 7,a74 7#g7 ,foreign entity of concern 7,a7 ,in general ,the term foreign entity of concern means any foreign entity that is-- 7i7 designated as a foreign terrorist organization by the ,secretary of ,state under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi72 7ii7 included on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury2 7iii7 owned by1 controlled by1 or subject to the jurisdiction1 direction1 or otherwise under the undue influence of a government of a covered nation 7as defined in section #dhgb7;d7 of title #aj1 ,united ,states ,code72 7iv7 alleged by the ,attorney ,general to have been involved in activities for which a conviction was obtained under-- 7,i7 chapter #cg of title #ah1 ,united ,states ,code 7commonly known as the ,espionage ,act72 7,,ii7 section #iea or #ajcj of title #ah1 ,united ,states ,code2 7,,iii7 chapter #ij of title #ah1 ,united ,states ,code 7commonly known as the ,economic ,espionage ,act of #aiif72 7,,iv7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7,v7 section #bbd1 #bbe1 #bbf1 #bbg1 or #bcf of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbgd-bbgh2 #bbhd72 7,,vi7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 or 7,,vii7 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq472 or 7v7 determined by the ,secretary1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the ,united ,states under this ,act4 7,b7 ,exclusion ,the term foreign entity of concern does not include any entity with respect to which #a or more foreign entities described in subparagraph 7,a7 owns less than #aj percent of the equity interest4 7#h7 ,governmental entity ,the term governmental entity means-- 7,a7 a ,state2 and 7,b7 a local government of a ,state4 7#i7 ,intelligence community ,the term intelligence community has the meaning given the term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#aj7 ,metallurgy ,the term metallurgy means the process of producing finished rare earth products from purified rare earth elements4 7#aa7 ,minerals ,security ,partnership ,the term ,minerals ,security ,partnership means the ,minerals ,security ,partnership established in ,june #bjbb4 7#ab7 ,person ,the term person includes an individual1 partnership1 association1 corporation1 organization1 or any other combination of individuals4 7#ac7 ,private capital ,the term private capital has the meaning given the term in section #ajc of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #ffb74 7#ad7 ,rare earth element ,the term rare earth element means a natural element associated with-- 7,a7 the metallic element scandium1 with atomic number #ba2 7,b7 the metallic element yttrium1 with atomic number #ci2 or 7,c7 any of the series of #ae metallic elements between lanthanum1 with atomic number #eg1 and lutetium1 with atomic number #ga1 on the periodic table4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#af7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,federated ,states of ,micronesia2 7,h7 the ,republic of the ,marshall ,islands2 7,i7 the ,republic of ,palau2 and 7,j7 the ,united ,states ,virgin ,islands4 #c4 ,rare earth metallurgy financing 7a7 ,financial assistance program 7#a7 ,in general ,the ,secretary shall establish in the ,department of ,energy a program to provide ,federal financial assistance to covered entities to incentivize investment in covered facilities1 subject to the availability of appropriations for that purpose4 7#b7 ,procedure 7,a7 ,in general ,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 assistance4 7,b7 ,eligibility ,in order for a covered entity to qualify for financial assistance under this subsection1 the covered entity shall demonstrate to the ,secretary1 in the application submitted by the covered entity under subparagraph 7,a71 that-- 7i7 the covered entity has a documented interest in-- 7,i7 constructing a covered facility2 or 7,,ii7 expanding or technologically upgrading a facility owned by the covered entity to be a covered facility2 and 7ii7 with respect to the project for which the covered entity is seeking financial assistance1 the covered entity has-- 7,i7 been offered a covered incentive2 7,,ii7 made commitments to worker and community investment1 including through-- 7aa7 training and education benefits paid by the covered entity2 and 7bb7 programs to expand employment opportunity for economically disadvantaged individuals2 7,,iii7 secured commitments from regional educational and training entities and institutions of higher education to provide workforce training1 including programming for training and job placement of economically disadvantaged individuals2 and 7,,iv7 an executable plan to sustain a covered facility without additional ,federal financial assistance under this subsection for facility support4 7,c7 ,application review 7i7 ,in general ,the ,secretary may not approve an application submitted by a covered entity under subparagraph 7,a7-- 7,i7 unless the ,secretary-- 7aa7 confirms that the covered entity has satisfied the eligibility criteria under subparagraph 7,b72 7bb7 determines that the project for which the covered entity is seeking financial assistance is in the interest of the ,united ,states2 and 7cc7 has notified the appropriate committees of ,congress not later than #ae days before making any commitment to provide an award of financial assistance to any covered entity in an amount that exceeds #aj1jjj1jjj2 or 7,,ii7 if the ,secretary determines1 in consultation with the ,director of ,national ,intelligence1 that the covered entity is a foreign entity of concern4 7ii7 ,consideration ,in reviewing an application submitted by a covered entity under subparagraph 7,a71 the ,secretary may consider whether-- 7,i7 the covered entity has previously received financial assistance under this subsection2 7,,ii7 the governmental entity offering the applicable covered incentive has benefitted from financial assistance previously provided under this subsection2 7,,iii7 the covered entity has demonstrated that the covered entity is responsive to the national security needs or requirements established by the intelligence community 7or an agency thereof71 the ,national ,nuclear ,security ,administration1 or the ,department of ,defense2 7,,iv7 if practicable1 a consortium that is considered a covered entity includes a small business concern 7as defined under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb771 notwithstanding section #aba4ajc of title #ac1 ,code of ,federal ,regulations 7or successor regulations72 and 7,v7 the covered entity intends to produce finished products for use by the ,department of ,defense1 the defense industry of the ,united ,states1 or critical energy infrastructure4 7iii7 ,prioritization ,to the maximum extent practicable1 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 ,defense1 the defense industry of the ,united ,states1 or critical energy infrastructure4 7,d7 ,records 7i7 ,in general ,the ,secretary may request records and information from a covered entity that submitted an application under subparagraph 7,a7 to review the status of a covered entity4 7ii7 ,requirement ,the covered entity shall provide the records and information requested by the ,secretary under clause 7i74 7#c7 ,amount 7,a7 ,in general ,the ,secretary shall determine the appropriate amount and funding type for each financial assistance award provided to a covered entity under this subsection4 7,b7 ,cost-sharing requirement ,the total amount of financial assistance that may be guaranteed by the ,secretary under this subsection shall be not more than #ajj percent of the private capital investment available to a covered entity for any individual project4 7,c7 ,minimum investment ,the total ,federal investment in any individual project receiving a financial assistance award under this subsection shall be not less than #ajj1jjj1jjj4 7,d7 ,larger investment ,the total ,federal investment in any individual project receiving a financial assistance award under this subsection shall not exceed #ejj1jjj1jjj1 unless the ,secretary1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 recommends to the ,president1 and the ,president certifies and reports to the appropriate committees of ,congress1 that a larger investment is necessary-- 7i7 to significantly increase the proportion of reliable domestic supply of finished rare earth products relevant for national security and economic competitiveness that can be met through domestic production2 and 7ii7 to meet the needs of national security4 7#d7 ,use of funds ,a covered entity that receives a financial assistance award under this subsection may only use the financial assistance award amounts-- 7,a7 to finance the construction of a covered facility 7including equipment7 or the expansion or technological upgrade of a facility 7including equipment7 of the covered entity to be a covered facility1 as documented in the application submitted by the covered entity under paragraph 7#b77;,a71 as determined necessary by the ,secretary for purposes relating to the national security and economic competitiveness of the ,united ,states2 7,b7 to support workforce development for a covered facility2 and 7,c7 to support site development and technological upgrade for a covered facility4 7#e7 ,clawback 7,a7 ,major awards 7i7 ,in general ,for all financial assistance awards provided to covered entities under this subsection1 the ,secretary shall1 at the time of making the award1 determine the target dates by which a covered entity shall commence and complete the applicable project4 7ii7 ,progressive recovery for delays ,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 7i71 the ,secretary shall progressively recover up to the full amount of the award4 7iii7 ,waiver ,in the case of projects that do not meet the applicable target date determined under clause 7i71 the ,secretary may waive the requirement to recover the financial award provided for the project under clause 7ii7 after making a formal determination that circumstances beyond the ability of the covered entity to foresee or control are responsible for the delay4 7iv7 ,congressional notification 7,i7 ,in general ,not later than #ae days after making a determination to recover an award under clause 7ii71 the ,secretary shall notify the appropriate committees of ,congress of the intent of the ,secretary to recover the award4 7,,ii7 ,waivers ,not later than #ae days after the date on which the ,secretary provides a waiver under clause 7iii71 the ,secretary shall notify the appropriate committees of ,congress of the waiver4 7,b7 ,joint research1 technology licensing1 and intellectual property reporting 7i7 ,in general ,before entering into an agreement with a foreign entity to conduct joint research or technology licensing1 or to share intellectual property1 a covered entity that has received a financial assistance award under this subsection-- 7,i7 shall notify the ,secretary of the intent to enter into such an agreement2 and 7,,ii7 may only enter into such an agreement if the ,secretary determines the foreign entity is not a foreign entity of concern4 7ii7 ,determination ,on receiving a notification under clause 7i71 the ,secretary1 in consultation with the ,director of ,national ,intelligence1 the ,director of the ,national ,counterintelligence and ,security ,center1 and the ,director of the ,federal ,bureau of ,investigation1 shall make a determination of whether the applicable foreign entity is a foreign entity of concern4 7iii7 ,technology clawback ,the ,secretary shall recover the full amount of a financial assistance award provided to a covered entity under this subsection if1 during the applicable term of the award1 the covered entity knowingly engages in any joint research1 technology licensing1 or intellectual property sharing effort with a foreign entity of concern that relates to a technology or product that raises national security concerns1 as determined by the ,secretary1 in consultation with the ,director of ,national ,intelligence1 the ,director of the ,national ,counterintelligence and ,security ,center1 and the ,director of the ,federal ,bureau of ,investigation1 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 research1 technology licensing1 or intellectual property sharing4 7#f7 ,condition of receipt ,a covered entity to which the ,secretary awards ,federal financial assistance under this subsection shall enter into an agreement that specifies that1 during the #e-year period immediately following the award of the ,federal financial assistance1 the covered entity will not make shareholder distributions in excess of profits4 7b7 ,coordination required ,in carrying out the program established under subsection 7a71 the ,secretary shall coordinate with the ,secretary of ,state1 the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 and the ,director of ,national ,intelligence4 7c7 ,,gao reviews ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 not later than #b years after the date of disbursement of the first financial award under the program established under subsection 7a71 and biennially thereafter for #aj years1 conduct a review of the program1 which shall include1 at a minimum-- 7,a7 a determination of the number of financial assistance awards provided under the program during the period covered by the review2 7,b7 an evaluation of how-- 7i7 the program is being carried out1 including how recipients of financial assistance awards are being selected under the program2 and 7ii7 other ,federal programs are leveraged for manufacturing1 research1 and training to complement the financial assistance awards provided under the program2 and 7,c7 a description of the outcomes of projects supported by financial assistance awards provided under the program1 including a description of-- 7i7 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 program2 7ii7 workforce training programs carried out with financial assistance awards provided under the program1 including efforts to hire individuals from disadvantaged populations2 and 7iii7 the impact of projects receiving financial assistance awards under the program on the ,united ,states share of global finished rare earth product production2 and 7#b7 submit to the appropriate committees of ,congress the results of each review conducted under paragraph 7#a74 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #a1ejj1jjj1jjj for fiscal year #bjbd2 and 7#b7 #bjj1jjj1jjj for each of fiscal years #bjbe through #bjbh4 #d4 ,funding for development of secure rare earth supply chains 7a7 ,minerals ,security ,partnership ,fund 7#a7 ,establishment of fund ,the ,secretary of the ,treasury may establish a trust fund1 to be known as the ,minerals ,security ,partnership ,fund 7referred to in this section as the ,fund71 consisting of such amounts as are appropriated to the ,fund or credited to the ,fund under paragraph 7#c74 7#b7 ,reporting requirement ,if the ,fund is not established by not later than #ahj days after the date of enactment of this ,act1 on that date1 and annually thereafter until the ,fund is established1 the ,secretary of the ,treasury1 in coordination with the ,secretary of ,state1 shall provide1 in writing1 to the appropriate committees of ,congress a rationale for not establishing the ,fund4 7#c7 ,investment of amounts 7,a7 ,investment of amounts ,if the ,fund is established1 the ,secretary of the ,treasury may invest such portion of the ,fund as is not required to meet current withdrawals in interest-bearing obligations of the ,united ,states or in obligations guaranteed as to both principal and interest by the ,united ,states4 7,b7 ,interest and proceeds ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to and form a part of the ,fund4 7#d7 ,use of fund 7,a7 ,in general ,subject to subparagraph 7,b71 amounts in the ,fund shall be available1 as provided in advance in an appropriations ,act1 to the ,secretary of ,state-- 7i7 to provide funding through the ,minerals ,security ,partnership common funding mechanism described in subsection 7b77#a7 to support the development and adoption of secure rare earth supply chains2 and 7ii7 to otherwise carry out this section4 7,b7 ,availability contingent on international arrangement or agreement 7i7 ,in general ,amounts in the ,fund shall be available to the ,secretary of ,state1 as provided in advance in an appropriations ,act1 on and after the date on which the ,secretary of ,state enters into an arrangement or agreement with the governments of countries that are partners of the ,united ,states1 as determined by the ,secretary of ,state1 to participate in the ,minerals ,security ,partnership common funding mechanism under subsection 7b77#a74 7ii7 ,consultation ,before entering into an arrangement or agreement as described in clause 7i71 the ,secretary of ,state1 in consultation with the ,secretary of ,commerce1 shall ensure that any government that will participate in the arrangement or agreement maintains export control licensing policies with respect to exports of finished rare earth products substantively equivalent to the ,united ,states with respect to restrictions on such exports to the ,people's ,republic of ,china4 7b7 ,minerals ,security ,partnership ,common funding mechanism for development of secure rare earth supply chains 7#a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary of ,commerce1 the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 the ,director of ,national ,intelligence1 and the ,chief ,executive ,officer of the ,united ,states ,international ,development ,finance ,corporation shall ensure that the ,minerals ,security ,partnership is a mutually beneficial funding mechanism that1 in coordination with the governments of countries that are partners of the ,united ,states1 uses amounts from the ,fund1 or any other available ,federal funds1 to support the development and adoption of secure rare earth supply chains1 including for-- 7,a7 research and development collaborations among countries participating in the mechanism2 and 7,b7 supplementing bids by foreign entities that are not foreign entities of concern to secure offtake agreements with entities that mine rare earth elements4 7#b7 ,contributions from participating countries ,in creating and sustaining the ,minerals ,security ,partnership common funding mechanism described in paragraph 7#a71 the ,secretary of ,state shall seek to leverage amounts from the ,fund to secure contributions to the mechanism from the governments of countries participating in the mechanism1 including with respect to cost sharing and other cooperative measures leading to the development and adoption of secure rare earth supply chains4 7#c7 ,commitments ,in creating and sustaining the ,minerals ,security ,partnership common funding mechanism described in paragraph 7#a71 the ,secretary of ,state shall promote efforts among countries participating in the mechanism-- 7,a7 to establish transparency requirements for any subsidies or other financial benefits 7including revenue foregone7 provided to rare earth firms located in or outside such countries2 7,b7 to establish processes similar to the process of the ,committee on ,foreign ,investment in the ,united ,states under section #gba of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7 for intervening to preempt foreign entities of concern from investing in1 purchasing1 or assuming control of entities1 intellectual property1 and equipment that are created by or benefit from investments by the mechanism2 7,c7 to establish consistent policies with respect to countries that-- 7i7 are not participating in the mechanism2 and 7ii7 do not meet transparency requirements established under subparagraph 7,a72 7,d7 to promote harmonized treatment of finished rare earth products and verification processes for raw materials or products being exported to a country considered a national security risk by the government of a country participating in the mechanism2 7,e7 to establish consistent policies among the governments of countries participating in the mechanism and common policies among countries that are not participating to address nonmarket economy countries as the behavior of such countries pertains to rare earth elements2 7,f7 to align policies with respect to supply chain integrity and security1 including with respect to protection and enforcement of intellectual property rights2 and 7,g7 to promote harmonized foreign direct investment screening measures and export control policies with respect to rare earth elements to align with national1 multilateral1 and plurilateral security priorities4 7c7 ,annual report to ,congress ,not later than #a year after the date on which the ,fund is established1 and annually thereafter for each fiscal year during which amounts in the ,fund are available under subsection 7a77#d71 the ,secretary of ,state shall submit to the appropriate committees of ,congress a report on the status of the implementation of this section that includes a description of-- 7#a7 any commitments made by the governments of countries that have entered into an arrangement or agreement with the ,united ,states to provide funding for the ,minerals ,security ,partnership common funding mechanism described in subsection 7b77#a7 and the specific amount so committed and other cooperative measures being taken by such countries as part of the mechanism2 7#b7 the criteria established for expenditure of funds through the mechanism2 7#c7 how1 and to whom1 amounts have been expended from the ,fund and a description of progress made in utilizing the ,fund to support the objectives described in subsection 7b77#a72 7#d7 amounts remaining in the ,fund2 7#e7 the progress of the ,secretary of ,state toward entering into an arrangement or agreement with the governments of countries that are partners of the ,united ,states to participate in the ,minerals ,security ,partnership common funding mechanism and the commitments described in subsection 7b77#c72 and 7#f7 any additional authorities needed to enhance the effectiveness of the ,fund in achieving the security goals of the ,united ,states4 7d7 ,notifications ,to ,be provided by the ,fund 7#a7 ,in general ,not later than #ae days prior to the ,fund making a financial commitment associated with the provision of expenditures under subsection 7a77#d77;,a7 in an amount in excess of #a1jjj1jjj1 the ,secretary of ,state shall submit to the appropriate committees of ,congress a report in writing that includes the information described in paragraph 7#b74 7#b7 ,information required ,the information described in this paragraph is-- 7,a7 the amount of each expenditure described in paragraph 7#a72 7,b7 an identification of the recipient or beneficiary of each such expenditure2 and 7,c7 a description of the project or activity to be carried out and the purpose to be achieved by each such expenditure4 7#c7 ,arrangements or agreements ,the ,secretary of ,state shall notify the appropriate committees of ,congress not later than #cj days after entering into a new bilateral or multilateral arrangement or agreement described in subsection 7a77#d77;,b74 7e7 ,foreign entities of concern ,a foreign entity of concern may not be a participant or beneficiary of the ,minerals ,security ,partnership common funding mechanism described in subsection 7b77#a74 7f7 ,applicability to existing fund of the minerals security partnership ,this section shall apply to any fund in the ,treasury that has been established before the date of enactment of this ,act for use of the ,minerals ,security ,partnership4 #e4 ,workforce development initiative ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall establish an initiative under which the ,secretary shall work with the ,secretary of ,labor1 the ,director of the ,national ,science ,foundation1 the ,critical ,minerals ,subcommittee of the ,national ,science and ,technology ,council1 the private sector1 institutions of higher education1 and workforce training entities to incentivize and expand participation in graduate and undergraduate programs1 and to develop workforce training programs and apprenticeships1 relating to advanced rare earth element mining1 separation1 processing1 metallurgy1 and advanced equipment maintenance capabilities4 #f4 ,support for freely associated ,states ,section #adab7;c7 of the ,better ,utilization of ,investments ,leading to ,development ,act of #bjah 7#bb ,u4,s4,c4 #ifab7;c77 is amended by adding at the end the following3 7#c7 ,support for freely associated ,states ,notwithstanding the income classification of the country with which the geopolitical entity is associated1 the ,corporation may provide support under title ,,ii to a geopolitical entity that is included1 as of the date on which support is provided1 on the list of dependencies and areas of special sovereignty prepared by the ,department of ,state4 4 #g4 ,prohibition relating to foreign entities of concern ,none of the funds authorized to be appropriated to carry out this ,act may be provided to a foreign entity of concern4 #h4 ,defense ,production ,act of #aiej efforts 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,president shall submit to ,congress a report on a plan of action for any use of authorities available in title ,,iii of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deca et seq47 to establish or enhance a domestic production capability for finished rare earth products and related technologies1 subject to-- 7#a7 the availability of appropriations for that purpose2 and 7#b7 a determination made under the plan pursuant to that title that-- 7,a7 finished rare earth products and related technologies are essential to the national defense2 and 7,b7 domestic industrial capabilities are insufficient to meet those needs4 7b7 ,coordination ,the ,president shall develop the plan of action required by subsection 7a7 in consultation with any relevant head of a ,federal agency1 an advisory committee established under section #gjh7;d7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deeh7;d771 and appropriate stakeholders in the private sector4