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Reps. Krishnamoorthi, Houlahan, Wittman, and Waltz Introduce Bipartisan Critical Minerals Security Act

March 15, 2024

Legislation would gather information on global supply and ownership of critical minerals

WASHINGTON, D.C. – Today, Congressman Raja Krishnamoorthi, Ranking Member of the Select Committee on the Strategic Competition Between the U.S. and the Chinese Communist Party, partnered with Representatives Chrissy Houlahan (D-PA), Rob Wittman (VA-01), and Mike Waltz (FL-06) to introduce the Critical Minerals Security Act. This legislation will direct the collection of comprehensive data on global holdings and exchanges of critical minerals. Providing this data to the United States, our allies, and international businesses will empower entities to effectively counter potential threats from foreign nations. More importantly, the legislation requires the Secretary of the Interior to create processes to aid U.S. companies interested in establishing alternative partners to source their critical minerals, safeguarding American interests and our national security.

“I am honored to co-lead the bipartisan Critical Minerals Security Act to help strengthen our critical minerals supply chain and reduce our dependence on foreign adversaries, including the CCP,” said Ranking Member Krishnamoorthi. “This legislation will also expand our collaboration with allies and partners on critical minerals projects, both at home and abroad, to help safeguard our economy, our environment, and our transition to net zero emissions.”

"I am proud to help champion bipartisan legislation that will collect comprehensive data on critical minerals across the globe," said Rep. Houlahan. "We need this information to empower U.S. companies and our allies to reduce reliance on foreign adversaries like China. By also requiring the Secretary of the Interior to create a system to aid U.S. companies in diversifying their critical minerals sources, we will safeguard American interests, enhance our national security, and reestablish reliable critical mineral supply chains."

“The United States cannot cede control of the world’s critical mineral supply to the Chinese Communist Party,” said Rep. Wittman. “As a senior member of the House Select Committee on the Chinese Communist Party and Natural Resources Committee, I am proud to join my colleagues to introduce the bipartisan Critical Minerals Security Act. This legislation is a vital step towards securing a stable, domestic supply chain and reducing our vulnerability to geopolitical manipulation. By strategically managing global mineral reserves, we can assert American independence, strengthen our alliances, and ensure security of future generations.”

“From healthcare to electronics, and even our defense systems, critical minerals are vital to our way of life,” said Rep. Waltz. “We must break the CCP’s stronghold grip on these rare earth minerals and not be beholden to our greatest adversary.  Working with our allies and partners, we must secure our vital supply lines. I am proud to introduce this bill with Rep. Houlahan to help bring us one step closer to strengthening our critical mineral mining and refining capacity.”

As Members of the House Select Committee on the Strategic Competition Between the U.S. and the Chinese Communist Party, both Ranking Member Krishnamoorthi and Congressman Wittman supported Select Committee’s December report Reset, Prevent, Build: A Strategy to Win America’s Economic Competition with the Chinese Communist Party, and this legislation builds on the recommendations it set forth, including:

 

The CCP increasingly leverages its markets, technology, and control over critical minerals to pressure the United States and its allies and partners. To counter these predatory practices, the United States should enhance U.S. trade and technology collaboration with its allies and partners while decreasing dependence on the PRC in critical supply chains. By fostering stronger integration among allied economies, building resilient supply chains, encouraging information sharing, and protecting our intellectual property… and holding the PRC accountable for violating its commitments to international trade rules, the United States and its allies can collectively boost their economic resilience and reduce their vulnerability to the PRC’s predatory economic practices.

The legislation has also been endorsed by SAFE.

“The Critical Minerals Security Act would be an important step to make sure the U.S. government and the American public have the most recent and comprehensive information on the availability and supply of critical minerals,” said Avery Ash, SVP Government Affairs, SAFE. “This information will be key to help us better understand the complexity of the critical minerals supply chain and how businesses and government can work together on addressing this national security concern.”

Background:

To address information gaps, the Critical Minerals Security Act would direct the U.S. Secretary of the Interior to submit a report to Congress no later than one year after enactment and every two years afterward on all critical mineral and rare earth element (REE) resources around the world that includes: 

  • Which resources are controlled by the U.S., an ally or partner, or a foreign entity of concern;
  • From which mines critical minerals and REEs are being extracted and estimates of their output volumes;
  • The operators and beneficial owners of the mines;
  • An assessment, prepared in consultation with the Secretary of State, of ways to collaborate with countries in which mines or mineral processing operations are located and operated by other countries to ensure U.S. access;
  • A compilation, prepared in consultation with the Secretary of Commerce, of cases in which entities were forced to divest stock in mining or processing operations for critical minerals and REEs based on government rulings of a foreign entity of concern;
  • Cases in which the government of a foreign entity of concern purchased an entity forced to divest stock; and
  • Cases in which mining or processing operations for critical minerals and REEs were not subject to a government ruling but were taken over by a foreign entity of concern.

The legislation would also require the Secretary of the Interior, in consultation with the Secretary of State, to establish a process under which a U.S. entity seeking to divest stock in mining or mineral processing operations for critical minerals and REEs in a foreign country may notify the Secretary of the Interior and allow the Secretary to provide assistance in finding another purchaser that is not under the control of a foreign entity of concern.

Lastly, it would require the Secretary of the Interior to develop and submit a progress report to Congress on:

  • A strategy to collaborate with U.S. allies and partners to advance clean mining, refining, separation, and processing technologies; and
  • A method for sharing intellectual property resulting from the development of these technologies to share with allies and partners.

The Senate companion bill is led by Senators John Cornyn (R-TX), Mark Warner (D-VA), Angus King (I-ME), Todd Young (R-IN), and James Lankford (R-OK).