Critical Minerals Policy Working Group Three Bipartisan Bills

Chairman John Moolenaar (R-MI) and Ranking Member Raja Krishnamoorthi (D-IL) of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party joined Rep. Rob Wittman (R-VA) and Rep. Kathy Castor (D-FL), co-chairs of the Committee’s Critical Mineral Policy Working Group, to introduce 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.

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 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