WASHINGTON – Today, Congressman Rob Wittman (R-VA-01) announced the introduction of three comprehensive pieces of legislation to address the United States’ dependence on China for critical minerals and jumpstart American industry alongside U.S. allies and partners. Additionally, he announced a bipartisan policy report to outline policy solutions to establish resilient critical minerals supply chains during the final meeting of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party (CCP)’s Critical Minerals Policy Working Group.
As a senior member of the Select Committee and the Republican lead of the committee’s Critical Minerals Policy Working Group, Rep. Wittman spent months evaluating the United States’ reliance on the CCP for critical minerals and listening to subject matter experts to develop solutions. Each of the bills introduced by the congressman are informed by the working group's findings.
“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. “China’s 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, improve scientific and technical cooperation in the earth sciences with allied foreign countries, and establish a resilient resource reserve. These bills will help us fundamentally reset the United States’ economic and technological competition with China.”
Earth Sciences and Cooperation Enhancement Act of 2024
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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.
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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.
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MOUs also facilitate partnerships between U.S. entities, including government agencies, universities, and private companies, with their foreign counterparts.
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The legislation emphasizes collaboration with partner countries that are strategic allies or critical mineral sources, fostering sustainable development and supply chain security.
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The legislation authorizes $3 million for Fiscal Year 2025, requiring funding to directly advance MOUs.
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Remaining funds may be used for critical mineral data collection and shared data management initiatives with partner countries.
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Additionally, the legislation encourages broader participation from scientists, international organizations, and other stakeholders.
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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
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The proposed legislation 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 People’s Republic of China (PRC).
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The legislation aims to strengthen domestic critical mineral supply chains, support battery recycling and processing industries, and counter PRC market manipulation.
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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.
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Applications for these licenses would be denied to foreign adversaries, including PRC entities with direct or indirect government, military, or CCP influence.
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The legislation 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.
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By restricting exports of recyclable materials containing critical minerals, the legislation seeks to bolster U.S. industries and reduce reliance on adversarial nations.
Securing Essential and Critical U.S. Resources and Elements (SECURE) Minerals Act of 2024
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The SECURE Minerals Act establishes a critical mineral Resilient Resource Reserve to insulate U.S. producers from price volatility and PRC weaponization of its dominance in critical mineral supply chains.
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The reserve would be used to provide predictability and sustainability to the price of mined and processed critical minerals while maintaining market-oriented practices and environmental standards.
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The reserve will be a permanent organization within the U.S. government dedicated to supporting domestic and allied production of critical minerals and materials (CMMs), stabilize prices, and ensure sufficient supplies for U.S. and allied nations.
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The reserve will achieve this by supporting sustainable prices and facilitating the orderly distribution of CMMs to secure supply chains for industries deemed vital to national security.
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Based on the oversight of a Board of Governors, the SECURE Minerals Act will authorize at least three but not more than five market makers – private companies tasked with supporting the Reserve’s objectives in the marketplace.
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These authorized market makers will use loans from the reserve to purchase at-risk critical minerals and materials or subsidize the production of CMMs.
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The reserve will establish and update annually a list of CMMs, in collaboration with other federal agencies and informed by the lists published by the U.S. Geological Survey, the U.S. Department of Energy, and the Defense Logistics Agency.
Bipartisan Report: Creating Resilient Critical Mineral Supply Chains
As lead of the Select Committee’s Critical Minerals Policy Working Group, Rep. Wittman announced a bipartisan report titled “Creating Resilient Critical Mineral Supply Chains.” The report outlines the rationale for creating the Policy Working Group, summarizes the working group’s meetings, and recommends policy solutions to address critical mineral supply chain vulnerabilities.
Read the bill text of the Earth Sciences and Cooperation Enhancement Act of 2024 here.
Read the bill text of the amendment to the Export Reform Control Act of 2018 here.
Read the bill text of the Securing Essential and Critical U.S. Resources and Elements (SECURE) Minerals Act of 2024 here.
Read a copy of the Creating Resilient Critical Mineral Supply Chains Report here.
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