WASHINGTON – Today, Chairman of the Senate Select Committee on Intelligence Mark R. Warner (D-VA) and Vice Chairman Marco Rubio (R-FL), joined by U.S. Reps. Raja Krishnamoorthi (D-IL-08), Ranking Member of the House Select Committee on the Chinese Communist Party (CCP), Rob Wittman (R-VA-01), member of the Select Committee on the CCP, and Rep. Chrissy Houlahan (D-PA-06), a member of the House Permanent Select Committee on Intelligence, introduced legislation to require the Director of National Intelligence (DNI) to develop a strategy to improve the sharing of information and intelligence between the Intelligence Community (IC) and private companies to mitigate the threat that foreign adversaries including the People’s Republic of China (PRC) pose to United States companies in foreign jurisdictions on projects relating to energy generation and storage, including in the critical minerals industry.

The legislation would direct the DNI to create a strategy for information sharing on foreign adversaries’ tactics and illicit activities to spread disinformation, steal intellectual property, and use other illegal efforts to undermine U.S. interests abroad as related to critical minerals. The legislation clarifies that the exchange of information would be voluntary, and at the discretion of the IC and U.S. companies.  

“American companies have been working to invest in critical minerals projects in the U.S. and abroad in order to reduce our country’s dependence on China and meet the increasing demand for these minerals, which are critical for technologies across society,” said Sen. Warner. “Our foreign adversaries, in particular the PRC, are increasing malicious efforts to undermine U.S. attempts to dominate in this industry. Increasing collaboration between the IC and these companies is a strong step towards ensuring that our adversaries will not succeed in interfering with U.S. projects abroad, and instead help cultivate strong public-private partnerships that will boost U.S. businesses and interests, particularly in areas of technology critical to our national security.”

“At a time when foreign adversaries continue to undermine our national security interests, we must enhance the sharing of information in the critical mineral sector,” said Sen. Rubio. “This bipartisan and bicameral bill will enhance intelligence community efforts to share timely and critical information with the private sector on the pressing threats to American companies in the critical energy sectors.”

“American companies must be able to invest and compete in foreign markets without undue interference from foreign adversaries. The bipartisan Enhancing Public-Private Sharing on Manipulative Adversary Practices in Critical Minerals Projects Act will help protect American businesses in international critical minerals markets from the illicit tactics of foreign adversaries, such as the CCP,” said Rep. Krishnamoorthi. “Securing our supply chains for critical minerals independent of the PRC is essential to our national security, our transition to a clean energy economy, and the competitiveness of American businesses abroad.”

“Unsurprisingly, the Chinese Communist Party is actively trying to undermine U.S. companies pursuing critical mineral projects by spreading disinformation and propaganda,” said Rep. Wittman. “As a senior member of the House Select Committee on the Chinese Communist Party, I am proud to join my colleagues to introduce the bipartisan Public-Private Manipulative Practices Act to enable the U.S. government to more effectively partner with American companies to counter illicit activities from all foreign adversaries that seek to restrict our access to the world’s critical mineral supply.”

“In recent years, foreign adversaries have targeted U.S. companies attempting to procure critical minerals abroad through illicit or deceptive disinformation campaigns, malicious activity, and other forms of economic espionage. Our foreign adversaries want the U.S. and our national security to continue to be dependent on foreign supply chains. That's bad for our national security and bad for business,” said Rep. Houlahan. “One of the impacts to the U.S. is especially problematic — issues accessing critical minerals and developing secure supply chains we need for energy and storage. Passing this bill is crucial to protecting American businesses from spying and other harmful activities, and I'm glad to see it has broad bipartisan support. Our intelligence agencies and the government must work together to ensure our national security is strong, and American companies can get the critical minerals they need from overseas.”

Joining Sens. Warner and Rubio and Reps. Krishnamoorthi, Wittman, and Houlahan in introduction of this legislation are Sens. John Hickenlooper (D-CO), James Lankford (R-OK), Jon Ossoff (D-GA), John Cornyn (R-TX), Chris Van Hollen (D-MD), and Bill Cassidy (R-LA).

This is latest step that the Senate Intelligence Committee leaders have taken to counter China’s dominance in this key sector. Last year, Chair Warner and Vice Chair Rubio hosted government officials and domestic industry leaders for a roundtable discussion on access to critical minerals. During that roundtable, industry leaders asked for more robust government support identifying unfair and corrupt practices by foreign adversaries. Specifically, private sector companies attempting to secure critical mineral projects abroad have faced the PRC’s efforts to spread disinformation to foreign host governments about U.S. companies, steal U.S. company IP, and sabotage U.S. company contracts.

Chair Warner and Vice Chair Rubio have also led efforts to secure supply chains and reduce U.S. reliance on the PRC for minerals that are inputs for critical technologies including through increased government support to U.S. private sector companies investing and operating in critical mineral projects.

“The Enhancing Public-Private Sharing on Manipulate Adversary Practices in Critical Minerals Projects Act will help American businesses respond to deceptive and malicious efforts by our adversaries to crowd them out of critical minerals projects in foreign markets. This act will ensure the U.S. government supports and stands by our businesses abroad in industries that are key to our national interests. We look forward to working with Congress to advance this important piece of legislation,” said Avery Ash, SVP, SAFE.

Text of the bill is available here.

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