Unearth America’s Future Act

Bill Number: H.R. 4350
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Taxation
Status: Introduced
Latest Action: 2025-07-10: 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.
Last Updated: 2025-09-05T16:01:05Z

AI-Generated Summary

Summary of H.R. 4350: Unearth America's Future Act

Purpose

The legislation aims to strengthen the security and resilience of U.S. supply chains for critical materials—essential resources like rare earth elements used in defense, energy, and technology—by expanding domestic manufacturing capabilities, providing financial incentives, and funding research and development (R&D). It seeks to reduce reliance on foreign sources vulnerable to disruptions, promote environmental sustainability, protect worker rights, and enhance economic competitiveness, while fostering international partnerships with allies.

Key Provisions

The bill is divided into three titles, outlining programs, incentives, and research initiatives:

Title I: Resilient Expansion of Strategic Industries
Sense of Congress (Sec. 101): Emphasizes prioritizing domestic production, innovation, environmental protection, worker rights (including union neutrality agreements), community engagement, and U.S. manufacturing leadership.
National Center for Secure and Transparent Critical Material Supply Chains (Sec. 102): Establishes a center within the Department of Commerce to study supply chain trends, recommend policies, promote sustainability (e.g., recycling and decarbonization), strengthen workforce training, and collaborate with allies. Reports must be publicly available.
Loan Program (Sec. 103): Creates a program for loans or guarantees (up to $2 billion per U.S. facility, $500 million for foreign ones) to build or expand facilities for critical material extraction, processing, recycling, or equipment manufacturing. Eligibility requires plans for resilience, no ties to "foreign entities of concern" (e.g., from adversarial nations), financial viability, and compliance with U.S. labor and environmental standards. Includes clawback provisions for delays or violations, mandatory labor-management cooperation (e.g., union recognition, arbitration), and Davis-Bacon prevailing wage requirements. Prioritizes domestic projects and U.S.-made goods.
Collaboration and Oversight (Secs. 104–105): Requires interagency coordination with departments like Defense, Energy, and Labor. Establishes a public-private partnership to advise on supply chains, including an Investment Fund to pool resources for projects, buy/sell materials, and provide risk mitigation (e.g., insurance). Excludes adversarial foreign involvement.
Funding and Duration (Secs. 106–108): Authorizes $30–100 million annually for the center and $1–10 billion for loans through 2035 (terminates after 10 years). Allocates loan funds by type (e.g., min. 10% for recycling). Defines terms like "critical material" (from Energy Act of 2020) and "foreign country of concern."

Title II: Critical Material Tax Credits
Investment Tax Credit (Sec. 201): Adds Section 48F to the Internal Revenue Code for a 15% credit (up to 25% for high-risk materials or prevailing wage compliance) on qualified investments in facilities for extraction, refining, conversion (e.g., alloys), recycling, or R&D equipment. Eligible taxpayers exclude those tied to foreign adversaries or trade violations. Allows elective payments (direct refunds) and coordinates with other credits.
Production Tax Credit (Sec. 202): Adds Section 45BB for credits (7.5–15% of production costs, plus 10% bonus for wages/apprenticeships or vulnerable materials) on eligible materials produced and sold in the U.S. Phases out after 2030. Limits double-dipping with other credits.
Consultation (Sec. 203): Requires Treasury to form an advisory committee (with labor and environmental reps) and interagency coordination for implementation.

Title III: Critical Material Research and Development
NSF and DOE Amendments (Secs. 301–302): Updates existing laws to expand "critical materials" research, including mining technologies, AI for exploration, workforce training, and sustainability. Promotes collaboration across agencies, industry, and labor.
NSF R&D Program (Sec. 303): Funds awards for innovative technologies (e.g., substitutes, recycling), testbeds for commercialization, and education/workforce pathways (e.g., apprenticeships, STEM outreach). Prioritizes underrepresented groups and regional partnerships.
NIST Standards and Metrology (Sec. 304): Funds measurement science, standards for traceability/recycling, and a consortium (excluding adversarial entities) to identify gaps. Requires a congressional report.
DOE Demonstration Grants (Sec. 305): Expands pilot projects (up to $25 million each) for innovative supply chain technologies, prioritizing substitutes/recycling (at least 40% of funds). Authorizes $150 million annually through 2030; prohibits adversarial foreign involvement.
Definitions (Sec. 306): Clarifies terms like "qualified substitute" (alternative materials) and "recycling."

Significant Changes to Existing Law

Tax Code Amendments: Introduces new credits (Secs. 48F and 45BB) modeled on clean energy incentives, with elective payments for non-taxable entities (e.g., nonprofits). Coordinates with existing credits like 45X (advanced manufacturing) to avoid overlap; phases out post-2029/2030.
Research Laws: Amends the CHIPS and Science Act (NSF mining research) and Infrastructure Investment and Jobs Act (DOE programs) to broaden scope from "minerals" to "materials," add sustainability/traceability focus, and emphasize workforce/decarbonization. Expands DOE pilots with new priorities and funding.
Labor Provisions: Mandates union recognition, arbitration, and prevailing wages for loan recipients, overriding some National Labor Relations Act procedures for funded work— a novel integration of labor protections into industrial policy.
Exclusions: Strengthens bans on funding tied to "foreign entities of concern" (from NDAA 2021), aligning with broader U.S. restrictions on adversarial nations (e.g., China).

Potential Impacts

Government Agencies: Increases workload for Commerce (center/loans), Treasury (tax credits), NSF/NIST/DOE (R&D), and interagency groups; requires audits/reports to Congress. Authorizes billions in funding, potentially straining budgets but leveraging existing programs.
Citizens: Creates jobs in manufacturing/mining (with wage protections and training), improves environmental safeguards (e.g., decarbonization), and enhances supply chain security for affordable tech/energy. May raise costs short-term via taxes/loans but aims for long-term economic benefits.
International Relations: Promotes alliances with "countries of interest" (allies meeting U.S. standards) for foreign facilities/loans, while excluding adversaries—could strain ties with China/Russia but strengthen partnerships (e.g., via traceability standards). Supports global sustainability and trade compliance.

Main Stakeholders Affected

Industry and Businesses: Mining/manufacturing firms, startups, and equipment makers benefit from loans, credits, and R&D funding; must meet labor/environmental rules.
Labor Organizations: Gain enhanced bargaining rights, apprenticeships, and wage protections for workers in funded projects.
Nonprofits, Academia, and Communities: Access grants for education, research, and partnerships; local communities get engagement to avoid environmental injustices.
Government: Agencies like Commerce, Energy, Defense, and Labor coordinate implementation; taxpayers fund via authorizations.
International Partners: Allies (e.g., Canada, Australia) can collaborate on supply chains; adversarial nations are excluded.

Notable Legal, Constitutional, or Political Implications

Legal: Reinforces antitrust-like exclusions for foreign adversaries under trade laws (e.g., Tariff Act); elective tax payments extend benefits to tax-exempt entities, potentially challenging IRS norms. Labor mandates may face challenges under NLRA but are tied to federal funding, similar to Buy American rules.
Constitutional: Supports Commerce Clause goals of economic/national security; interagency collaboration aligns with executive coordination but requires congressional oversight via reports/notifications.
Political: Bipartisan focus on supply chain resilience amid U.S.-China tensions; emphasizes "America First" with green/labor priorities, appealing to diverse constituencies but risking debates over subsidies, union favoritism, or foreign aid limits. 10-year sunset provides review mechanism.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Stevens, Haley M. [D-MI-11]

Cosponsors (3)

Rep. Clyburn, James E. [D-SC-6], Rep. Scholten, Hillary J. [D-MI-3], Rep. Brown, Shontel M. [D-OH-11]

Recent Actions

2025-07-10: 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.
2025-07-10: 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.
2025-07-10: 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.
2025-07-10: 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.
2025-07-10: 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.
2025-07-10: Introduced in House
2025-07-10: Introduced in House

Bill Versions

Unearth America’s Future Act — issued 2025-07-10 — PDF (105 pages)