S596-119

4. Domestic critical material processing pilot program Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a pilot program, to be known as the Domestic Critical Material Processing Pilot Program, to support not fewer than 3 domestic critical material processing projects. The objectives of the Pilot Program are— to provide financial stability and attract private investment in eligible domestic critical material processing projects; to analyze how different financial tools influence critical material market dynamics and projects and the estimated level of financial support needed to secure reliable United States supply chains for various critical materials and support a sufficient domestic critical materials processing industry; and to reduce supply chain vulnerabilities and enhance energy security and national security. Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to implement the Pilot Program. In carrying out the Pilot Program, the Secretary shall have the authority to enter into other transactions in the same manner and subject to the same terms and conditions as transactions that the Secretary may enter into under section 646 of the Department of Energy Organization Act (42 U.S.C. 7256). The Secretary may appoint and fix the compensation of such temporary personnel as may be necessary to carry out and implement the Pilot Program, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, governing appointments in competitive service and compensation of personnel. The Secretary shall consult outside stakeholders and experts, including mining and critical material processing industry representatives, financial experts, and academic researchers, during development of the Pilot Program for purposes of improving the effectiveness and efficiency of the Pilot Program. Subject to subparagraph (B), the Pilot Program shall provide support for the processing of not fewer than 3 different critical materials in order to gain insight into the impact of innovative financial tools on different critical material markets. Support provided under subparagraph (A) to a single critical material shall not exceed 50 percent of any funding provided to the Pilot Program under subsection (h). The Pilot Program shall terminate on the date that is not later than 5 years after the date the Pilot Program is established under subsection (a). Applications under the Pilot Program for eligible projects shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall review and select applications under the Pilot Program for eligible projects based on— the potential of the eligible project to enhance the economic, energy, and national security of the United States; the economic competitiveness of the eligible project; the economic and financial sustainability of the eligible project, using information such as— the potential for the applicant of the eligible project to secure an offtake agreement if the eligible project is selected; and an analysis of the estimated production costs of the eligible project and prevailing or anticipated market prices; the potential of the eligible project to mitigate risks associated with importing critical materials from entities of concern; the prioritization requirements described in subparagraph (B); and other factors, as determined by the Secretary, in coordination with the agencies described in subsection (e). In selecting applications under the Pilot Program for eligible projects, the Secretary shall prioritize eligible projects— that use feedstock from domestic or reliable sources, with higher priority given to eligible projects that have greater use of feedstock from domestic sources; the selection of which would support the ability of the applicant to secure an offtake agreement with domestic or reliable sources; and that are the most economically competitive, as determined by the Secretary, based on factors including— the potential for the applicant of the eligible project to secure an offtake agreement if selected; and the difference between the estimated production costs of the eligible project and prevailing or anticipated market prices. The Secretary shall select applications under the Pilot Program for eligible projects not later than 1 year after the date of enactment of this Act. To ensure the efficient implementation and operation of the Pilot Program, the Secretary shall coordinate with— the Secretary of Commerce; the Secretary of Defense; the Secretary of the Interior; the Secretary of State; the Director of the United States Geological Survey; the United States Trade Representative; and the heads of other Federal departments and agencies, as determined by the Secretary. When selecting applications and determining the level of financial support for each project under the Pilot Program, the Secretary shall coordinate with the Secretary of Defense to incorporate insights from the Open Price Exploration for National Security research and development program of the Defense Advanced Research Projects Agency. Not later than 2 years after the date on which the Pilot Program terminates under subsection (c)(3), the Secretary shall conduct and publish a study on— the impact of innovative financial tools on the critical materials sector and the relative cost-effectiveness of those tools in supporting domestic critical materials processing projects and developing more liquid, transparent, and predictable markets for critical materials; the estimated level of financial support needed to secure reliable United States supply chains for various critical materials and support a sufficient domestic critical materials processing industry; the potential of critical material recycling to support the domestic critical materials market; the effectiveness of the Pilot Program, including an evaluation of each eligible project supported by the Pilot Program; and whether the models of the Open Price Exploration for National Security research and development program of the Defense Advanced Research Projects Agency allowed the Pilot Program to better anticipate market trends, optimize resource allocation, and provide the appropriate level of support based on current and future critical material market needs. The study under paragraph (1) shall include insights into concerns of private investors in different critical material markets and the impact of innovative financial tools on catalyzing final investment decisions. The study under paragraph (1) shall be carried out in consultation with relevant stakeholders, as determined by the Secretary, including mining and critical material processing industry representatives, financial experts, local governments hosting critical material processing projects, and academic researchers. The Secretary shall share the results of the study under paragraph (1) with the Open Price Exploration for National Security research and development program of the Defense Advanced Research Projects Agency to inform ongoing research and development of tools to support transparency in domestic critical materials markets. The Secretary shall submit to the Committees on Energy and Natural Resources, Foreign Relations, and Armed Services of the Senate, and the Committees on Natural Resources, Energy and Commerce, and Armed Services of the House of Representatives, an annual report for each year that the Pilot Program is carried out. The report under paragraph (1) shall include— activities, expenditures, and outcomes of the Pilot Program; recommendations to Congress on the continuation or expansion of the Pilot Program; and recommendations for how the Federal Government should use innovative financial tools— to increase domestic critical materials processing capacity; to strengthen domestic critical material supply chains by increasing United States processing capacity using domestic feedstock; to mitigate market volatility; to boost price transparency in critical materials markets; to leverage market indices in countries other than those designated as countries of risk; to ensure long-term adequate supplies of critical materials for the economy of the United States; and to increase the domestic recycling of critical materials. In establishing and carrying out the Pilot Program, the Secretary shall enter into agreements, including contracts, grants, and cooperative agreements, and other transactions, as determined by the Secretary, to enable the use of innovative financial tools to support domestic critical material processing projects. In carrying out subparagraph (A), the Secretary may use innovative financial tools, including price support such as contracts for differences, and leverage functions to develop and drive critical materials processing to entities that are not entities of concern, under such terms and conditions as the Secretary determines to be necessary or appropriate. There is established in the Treasury of the United States a fund, to be known as the Critical Materials Revolving Fund (referred to in this paragraph as the Fund). The Fund shall be available to the Secretary as a revolving fund— to reinvest amounts generated from eligible projects into new critical materials processing projects under the Pilot Program; and to further enhance the objectives of the Pilot Program. There is authorized to be appropriated to the Secretary to carry out this Act $750,000,000, to remain available until expended.