Critical Mineral Policy Working Group Unveils Bipartisan Legislation, Policy Report

WASHINGTON, D.C. - Today, Reps. Kathy Castor (D-FL) and Rob Wittman (R-VA), co-chairs of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party's (CCP) Critical Minerals Working Group, led the introduction of new bipartisan legislation that helps address the United States' dependence on the CCP for critical minerals and jumpstart American industry and workforce alongside our allies and partners.

Spearheaded by Rep. Castor and Rep. Wittman, the working group spent months evaluating the United States' deep reliance on the CCP for critical minerals and developing solutions. Now, members are introducing three new bipartisan bills and a bipartisan working group policy report, Creating Resilient Critical Mineral Supply Chains. Members of the Critical Mineral Policy Working Group are: Rep. Castor, Rep. Wittman, Rep. Blaine Luetkemeyer (R-MO), Rep. Haley Stevens (D-MI), Rep. Carlos Gimenez (R-FL), Rep. Ritchie Torres (D-NY), and Rep. Ben Cline (R-VA).

The bills developed by the working group are the Earth Sciences and Cooperation Enhancement Act of 2024, an amendment to the Export Reform Act of 2018, and the Critical Minerals Workforce Enhancement Act. Summaries of the bills and the report can be found below.

"America's dependence on adversarial nations for critical minerals poses a significant threat to our national security and our clean energy future," said Rep. Castor. "This legislative package promotes sustainable development and strengthens our domestic supply chains through international partnerships, export controls and workforce development. I'm grateful to Rep. Wittman and our working group colleagues for the meaningful, bipartisan work that created this package. By working together, we can enhance our energy security and create new opportunities for American workers and businesses."

"The Chinese Communist Party's dominance of global critical minerals supply chains poses a dire economic threat to U.S. national security," said Rep. Wittman. "As lead of the Select Committee's Critical Minerals Policy Working Group, I've spent the past few months convening roundtables with experts to inform Congress on securing our critical mineral supply chains. We have worked to generate proposals to reduce China's dominance, which has run unchecked for far too long. Their product dumping, escalatory export controls, destructive environmental practices, and forced labor abuses must not be tolerated. I'm proud of these comprehensive pieces of legislation that will remove unnecessary export controls on key critical minerals and improve scientific and technical cooperation in the earth sciences with allied foreign countries. These bills will help us fundamentally reset the United States' economic and technological competition with China."

"The success of the American industrial economy is dependent on our foremost adversary for essential critical minerals. This is untenable and dangerous for the American people, and the legislation the working group is introducing today will safeguard America's supply chains and reduce our economy's dependence on the Chinese Communist Party," said Chairman Moolenaar. "Thank you to Rep. Wittman and Rep. Castor for their bipartisan leadership and the solutions they have crafted on behalf of the Select Committee."

"I want to thank Reps. Castor and Wittman for their bipartisan leadership and collaboration in introducing three bipartisan pieces of legislation and a bipartisan policy report that will help our country diversify its critical minerals supply moving forward and reduce our reliance on the PRC and other foreign sources for critical materials. I'm pleased that these bills provide a significant boost to American industry and workforce to meet the growing demand for critical minerals that are essential to our national security and clean energy technologies," said Ranking Member Krishnamoorthi.

The report outlines the rationale for creating the Policy Working Group, summarizes the working group's meetings, and recommends legislation to address critical mineral supply chain vulnerabilities. The report also highlights bipartisan legislation introduced by members of the House and Senate that would improve supply chain resilience.

The Earth Sciences and Cooperation Enhancement Act of 2024

• The Earth Sciences and Cooperation Enhancement Act of 2024 authorizes and appropriates funds for the Secretary of the Interior to enter into Memoranda of Understanding (MOUs) with foreign governments to facilitate collaboration on earth sciences and critical mineral supply chains. These agreements encourage cooperation with foreign government and private sector entities, to advance geologic mapping, mineral resource assessment, data analysis, and training in environmental and workplace standards. MOUs also facilitate partnerships between U.S. entities, including government agencies, universities, and private companies, with their foreign counterparts. The Act emphasizes collaboration with partner countries that are strategic allies or critical mineral sources, fostering sustainable development and supply chain security.
• The Act authorizes $3 million for fiscal year 2025, requiring funding to directly advance MOUs. Remaining funds may be used for critical mineral data collection and shared data management initiatives with partner countries. Additionally, the Act encourages broader participation from scientists, international organizations, and other stakeholders. By leveraging international cooperation and geoscientific expertise, the Act aims to enhance the United States' ability to manage critical mineral resources, improve supply chain resiliency, and reduce reliance on foreign adversaries for essential materials.

Amendment to the Export Reform Control Act of 2018

• The proposed bill amends the Export Control Reform Act of 2018 to implement export controls on black mass (recycled lithium-ion battery material) and swarf (magnet manufacturing byproducts) to prevent exploitation by foreign adversaries, particularly the PRC. The bill aims to strengthen domestic critical mineral supply chains, support battery recycling and processing industries, and counter PRC market manipulation.
• Under the legislation, a license will be required for the export, re-export, or in-country transfer of black mass and swarf if the end-user is a foreign adversary or related entity. Applications for these licenses would be denied to foreign adversaries, including PRC entities with direct or indirect government, military, or CCP influence.
• The bill seeks to facilitate the sustainable recycling and recovery of critical minerals such as lithium, cobalt, and nickel from spent batteries; enhance U.S. processing capabilities; and limit adversarial control over essential materials. By restricting exports of recyclable materials containing critical minerals, the legislation seeks to bolster U.S. industries and reduce reliance on adversarial nations for strategically significant resources.

Critical Minerals Workforce Enhancement Act

• The Critical Minerals Workforce Enhancement Act aims to strengthen the U.S. workforce in mining, refining, processing, and recycling critical minerals by amending key education and workforce laws. The bill introduces a national interest waiver under the Immigration and Nationality Act to allow foreign engineers specializing in critical minerals to work full-time in the U.S. for businesses or government agencies, fostering domestic expertise in critical mineral production and recycling.
• Additionally, the bill amends the Mutual Educational and Cultural Exchange Act of 1961 to promote international educational exchanges focused on critical minerals. It enables U.S. citizens to study abroad at specialized institutions and facilitates enrollment of foreign students in U.S. programs related to critical minerals. The legislation encourages educational partnerships, research collaborations, joint degree programs, and training initiatives between U.S. and foreign institutions. It also provides funding for scholarships, fellowships, and grants to support professional development in critical minerals sectors globally.
• By addressing workforce gaps through targeted workforce reforms and fostering international educational collaboration, the Act seeks to ensure a robust and skilled labor force capable of meeting the growing demand for critical minerals essential to national security and clean energy technologies.

Click HERE for a copy of The Creating Resilient Critical Mineral Supply Chains Report

Click HERE for bill text of The Earth Sciences and Cooperation Enhancement Act of 2024

Click HERE for bill text of the amendment to the Export Reform Control Act of 2018

Click HERE for bill text of the Critical Minerals Workforce Enhancement Act

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