Critical Mineral Consistency Act passes House

The U.S. House of Representatives has voted 245 to 155, passing H.R. 8446, the Critical Mineral Consistency Act, which would add the Department of Energy’s (DOE’s) list of Critical Materials to the United States Geological Survey’s (USGS’) list of Critical Minerals, removing DOE Critical Materials from the disadvantage of not being eligible for the more extensive energy-focused benefits conferred to the USGS Critical Mineral list and conveying the same benefit to both lists.  

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While the statutory definitions of Critical Minerals and Critical Materials are similar, the DOE and USGS use very different methodologies when developing their lists. The USGS finalized the Critical Mineral methodology and list in 2022, focused solely on the supply and relied on data from 2015 to 2018, whereas the DOE balanced essentiality and supply risk and looked at projections into the short and medium-term future when it announced the Critical Material list in 2023. Copper, electrical steel, fluorine, silicon and silicon carbide are all Critical Materials but not Critical Minerals as a result of these different methodologies.

"Critical Minerals are essential for our economy, national security and clean energy technologies,” says U.S. Congressman Juan Ciscomani of Arizona, who sponsored the bipartisan legislation. “As demand for these strategic resources continues to increase, the United States must ensure access to a reliable supply. My legislation, the Critical Mineral Consistency Act, will ensure parity between U.S. Geological Survey critical minerals and Department of Energy materials lists to strengthen our domestic supply chain and include copper, electrical steel, silicon and silicon carbide on the critical minerals list, a long overdue classification. I am proud to see my legislation pass out of the House of Representatives and look forward to its consideration in the Senate."

“I am proud to support Rep. Ciscomani’s Critical Mineral Consistency Act of 2024 to help harmonize the federal government’s critical minerals lists,” says Western Caucus Chairman Dan Newhouse. “This important legislation ensures the USGS and DOE remain in sync, giving clarity to industry and improving interagency coordination. We should be relying on the most up-to-date information when determining the elements and minerals for U.S. national and energy security, and this legislation ensures just that.”

The legislation is supported by the National Mining Association, Business Council for Sustainable Energy, National Electrical Manufacturing Association, Zero Emission Transportation Association, Transformer Manufacturing Association of America, Copper Development Association (CDA), U.S. Chamber of Commerce, Mint Innovation and National Association of Manufacturers (NAM).

The CDA, based in McClean, Virginia, says the Critical Mineral Consistency Act aligns with ongoing efforts to modernize critical mineral policies, such as including copper in the 2025 U.S. Geological Survey’s Critical Minerals List. It says the legislation would standardized criteria for identifying critical minerals, ensuring resources like copper receive timely recognition; enhance supply chain security with provisions to reduce reliance on foreign imports by encouraging domestic mining, refining and recycling efforts; and support clean energy goals by recognizing copper’s role in renewable energy technologies, including wind, solar and electric grids.

“This vote highlights copper’s essential role in powering America’s energy future, electrifying transportation, creating jobs and strengthening infrastructure,” says CDA President and CEO Adam Estelle. “We are especially grateful to Congressman Ciscomani for introducing this legislation, the bill’s cosponsors, the Congressional Copper Caucus and our allied organizations for championing this effort. Their leadership ensures a stronger, more predictable strategy for domestic copper production and refining. This is a significant win for U.S. manufacturing, the clean energy transition and our nation’s global competitiveness.”

CDA is urging the Senate to follow suit and pass companion legislation, S. 5274, introduced by Sens. Sinema of Arizona and Lee of Utah.