I 
118TH CONGRESS 
2D SESSION 
H. R. 9898 
To amend the Department of Energy Organization Act to secure midstream 
processing of critical materials, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 1, 2024 
Mr. GUTHRIE (for himself, Mr. FULCHER, Mr. NEWHOUSE, Mr. BILIRAKIS, 
Mr. BUCSHON, Mr. PFLUGER, Mr. WEBER of Texas, Mr. WITTMAN, Mr. 
MOORE of Utah, Mr. BACON, and Mrs. MILLER-MEEKS) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To amend the Department of Energy Organization Act to 
secure midstream processing of critical materials, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing America’s 
Midstream Critical Materials Processing of 2024’’. 
SEC. 2. FINDINGS. 
The Congress finds that— 
VerDate Sep 11 2014 
01:44 Oct 22, 2024
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H9898.IH
H9898
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) midstream separation, processing, refining, 
alloying, concentration, smelting, and beneficiation 
of critical materials represent a linchpin in efforts to 
secure domestic supply chains and reduce our de-
pendence on foreign adversaries; 
(2) unreasonable environmental regulations cov-
ering midstream critical materials processors has de-
terred necessary investment and driven industry to-
wards foreign countries; 
(3) reshoring domestic industries and their sup-
ply chains improves economic prosperity for Amer-
ican communities, creates stable employment oppor-
tunities, and protects national security interests; 
(4) our next generation economy and domestic 
manufacturing industry will significantly increase 
demand for critical material inputs; 
(5) the lack of sufficient domestic midstream 
critical material processing capacity presents a vul-
nerability to our economic and national security; 
(6) China and other geopolitical adversaries of 
the United States have dominated critical material 
processing markets, which represents a threat to 
America’s next generation economy; 
(7) China and other geopolitical adversaries of 
the United States purposefully exploit critical mate-
VerDate Sep 11 2014 
01:44 Oct 22, 2024
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9898.IH
H9898
kjohnson on DSK7ZCZBW3PROD with $$_JOB
rial processing markets through unfair trade prac-
tices, such as dumping and price manipulation, in an 
attempt to maintain their control and undermine 
competing investment opportunities; 
(8) the United States needs to expand its tech-
nical workforce expertise and experience in critical 
material processing and address workforce chal-
lenges to bolster domestic opportunities supported 
by a domestic supply chain for critical materials; 
(9) foreign investment from allied nations and 
Free Trade Agreement countries presents an oppor-
tunity to reshore domestic midstream critical mate-
rial processing capacity; 
(10) the challenges of navigating burdensome 
permitting processes act as a hindrance to further 
investment in midstream critical material processing 
capacity; 
(11) midstream critical material processing fa-
cilities require access to reliable and affordable elec-
tricity and will require increased generation and 
transmission infrastructure to meet projected future 
demands; and 
(12) the United States retains some of the 
highest environmental and labor standards compared 
VerDate Sep 11 2014 
01:44 Oct 22, 2024
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H9898.IH
H9898
kjohnson on DSK7ZCZBW3PROD with $$_JOB
to adversarial nations that dominate the midstream 
critical material processing industry, such as China. 
SEC. 3. NATIONAL ROADMAP ON DOMESTIC OPPORTUNI-
TIES FOR MIDSTREAM CRITICAL MATERIAL 
PROCESSING. 
(a) IN GENERAL.—In carrying out the requirements 
of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), the Secretary of Energy, in consultation 
with the Secretary of Commerce and the heads of other 
appropriate Federal agencies, representatives of the crit-
ical material processing industry, and members of aca-
demia covering critical materials processing industries, 
shall— 
(1) analyze and report to Congress regarding 
the current state of midstream processing of critical 
materials; and 
(2) identify those places where the United 
States-based supply chain for critical materials is in-
sufficient to allow for the appropriate and necessary 
development of United States-midstream processing 
of critical materials, including opportunities for for-
eign direct investment from allied nations and Free 
Trade Agreement countries. 
(b) MEMBERSHIP.—The Secretary of Energy shall 
convene an interagency task force comprised of— 
VerDate Sep 11 2014 
01:14 Oct 23, 2024
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H9898.IH
H9898
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) the Secretary of Commerce; 
(2) the Secretary of the Treasury; 
(3) the Secretary of Defense; 
(4) the Secretary of State; 
(5) the Secretary of the Interior; and 
(6) the Administrator of the Environmental 
Protection Agency. 
(c) REPORT TIMING.—Not later than 1 year after the 
enactment of this Act, the task force shall issue the report 
required under subsection (a). 
(d) REPORT CONTENTS.—The report required under 
subsection (a) shall include— 
(1) whether there is an adequate supply of crit-
ical materials to meet current and projected domes-
tic needs that be processed in the United States; 
(2) the status of global midstream critical mate-
rials processing industry; 
(3) the status of domestic midstream critical 
materials processing industry, including its ability to 
handle the supply described in paragraph (1); 
(4) an analysis of how and why the United 
States domestic critical materials processing indus-
try began and continues to outsource operations to 
other countries; 
VerDate Sep 11 2014 
01:14 Oct 23, 2024
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H9898.IH
H9898
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(5) a review of the existing regulatory and per-
mitting apparatus covering midstream critical mate-
rials processing facilities, including requirements 
under the Clean Air Act (42 U.S.C. 7401 et seq.), 
the Comprehensive Environmental Response, Liabil-
ity, and Compensation Act of 1980 (42 U.S.C. 9601 
et seq.), and the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.), or other laws, and how regu-
latory compliance under these requirements influ-
ence potential investments into new facilities; 
(6) the economic impact of critical materials 
processing to the overall United States economy and 
its welfare; 
(7) barriers to investment into domestic critical 
materials processing, including— 
(A) the workforce and educational needs of 
expanding critical materials processing; 
(B) infrastructure requirements to build 
out critical materials processing; and 
(C) permitting inefficiencies for domestic 
midstream critical materials processing, includ-
ing compliance with the Clean Air Act (42 
U.S.C. 7401 et seq.), the Comprehensive Envi-
ronmental Response, Liability, and Compensa-
tion Act of 1980 (42 U.S.C. 9601 et seq.), and 
VerDate Sep 11 2014 
01:44 Oct 22, 2024
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H9898.IH
H9898
kjohnson on DSK7ZCZBW3PROD with $$_JOB