Sec. 71025. Sense of Congress and report on ensuring reliable supply of rare earth minerals
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Congress makes the following findings: The People’s Republic of China is the global leader in mining, refining, and component manufacturing of rare earth elements, producing approximately 85 percent of the world’s supply between 2011 and 2017. In 2019, the United States imported an estimated 80 percent of its rare earth compounds from the People's Republic of China. On March 26, 2014, the World Trade Organization ruled that the People's Republic of China’s export restraints on rare earth minerals violated its obligations under its protocol of accession to the World Trade Organization, thereby harming United States manufacturers and workers.
The Chinese Communist Party has threatened to leverage the People's Republic of China’s dominant position in the rare earth market to strike back at the United States. The Quadrilateral Security Dialogue is an effective partnership for reliable multilateral financing, development, and distribution of goods for global consumption, as evidenced by the Quad Vaccine Partnership announced on March 12, 2021. It is the sense of Congress that— the People's Republic of China’s dominant share of the global rare earth mining market is a threat to the economic stability, well being, and competitiveness of key industries in the United States; the United States should reduce reliance on the People's Republic of China for rare earth minerals through— strategic investments in development projects, production technologies, and refining facilities in the United States; or in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue; and the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of rare earth minerals.
Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the officials specified in paragraph (3), shall submit to the appropriate committees of Congress a report on the work of the Trade Representative to address the national security threat posed by the People's Republic of China’s control of nearly 2/3 of the global supply of rare earth minerals. The report required by paragraph
(1)shall include— a description of the extent of the engagement of the United States with the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of rare earth minerals during the period beginning on the date of the enactment of this Act and ending on the date of the report; and a description of the plans of the President to leverage the partnership of the countries of the Quadrilateral Security Dialogue to produce a more reliable and secure global supply chain of rare earth minerals. The officials specified in this paragraph are the following: The Secretary of State. the Secretary of Commerce. The Chief Executive Officer of the United States International Development Finance Corporation. In this subsection, the term appropriate committees of Congress means— the Committee on Finance, the Committee on Foreign Relations, and the Committee on Energy and Natural Resources of the Senate; and the Committee on Ways and Means, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representatives.