[House Report 119-692]
[From the U.S. Government Publishing Office]


119th Congress }                                              { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                              { 119-692

=======================================================================



 
         CRITICAL MINERALS SUPPLY CHAIN RESILIENCY ACT OF 2026

                           ----------------
                                
  June 9, 2026.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                           ----------------
                                
        Mr. Westerman, from the Committee on Natural Resources, 
                        submitted the following


                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 5929]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5929) to adjust the treatment of certain actions 
under Presidential Determination 2022-11 for Federal permitting 
improvement, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Critical Minerals Supply Chain 
Resiliency Act of 2026''.

SEC. 2. TREATMENT OF ACTIONS UNDER PRESIDENTIAL DETERMINATION 2022-11 
          FOR FEDERAL PERMITTING IMPROVEMENT PURPOSES.

  (a) In General.--Except as provided by subsection (c), an action 
described in subsection (b) shall be--
          (1) treated as a covered project, as defined in section 
        41001(6) of the Fixing America's Surface Transportation Act (42 
        U.S.C. 4370m(6)), without regard to the requirements of that 
        section; and
          (2) included in the Permitting Dashboard maintained pursuant 
        to section 41003(b) of that Act (42 U.S.C. 4370m-2(b)).
  (b) Actions Described.--An action described in this subsection is an 
action taken by the Secretary of Defense pursuant to Presidential 
Determination 2022-11 (87 Fed. Reg. 19775; relating to certain actions 
under section 303 of the Defense Production Act of 1950) to create, 
maintain, protect, expand, or restore sustainable and responsible 
domestic production capabilities for strategic and critical materials 
through--
          (1) supporting feasibility studies for mature mining, 
        beneficiation, and value-added processing projects;
          (2) by-product and co-product production at existing mining, 
        mine waste reclamation, and other industrial facilities;
          (3) modernization of mining, beneficiation, and value-added 
        processing to increase productivity, environmental 
        sustainability, and workforce safety; or
          (4) any other activity authorized under section 303(a)(1) of 
        the Defense Production Act of 1950 (50 U.S.C. 4533(a)(1)).
  (c) Exception.--An action described in subsection (b) may not be 
treated as a covered project or be included in the Permitting Dashboard 
under subsection (a) if the project sponsor (as defined in section 
41001(18) of the Fixing America's Surface Transportation Act (42 U.S.C. 
4370m(18))) requests that the action not be treated as a covered 
project.

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 5929 is to adjust the treatment of 
certain actions under Presidential Determination 2022-11 for 
Federal permitting improvement, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Defense Production Act of 1950 authorizes the Secretary 
of War to take specific steps to ``create, maintain, protect, 
expand, or restore domestic industrial base capabilities 
essential for the national defense.''\1\ From raw minerals to 
manufactured products, the U.S. must act quickly to unleash 
industrial independence; without rapid progress, the country 
will permanently fall behind adversarial nations like China. 
Overly cumbersome and bureaucratic permitting processes are 
keeping the Secretary of War from strategically leveraging the 
authority that has already been granted under the Defense 
Production Act of 1950, needlessly slowing down key 
reindustrialization efforts.
---------------------------------------------------------------------------
    \1\50 U.S.C. Sec. 4533(a)(1).
---------------------------------------------------------------------------
    To meet America's strategic and industrial needs, the 
Secretary of War's efforts under the Defense Production Act of 
1950 must be made eligible for the FAST-41 streamlined 
permitting processes. Doing so will help ensure that our 
country maintains the industrial capabilities essential to 
national security and economic prosperity.
    H.R. 5929, introduced by Representative Andy Barr (R-KY), 
adds the actions authorized under the Defense Production Act of 
1950 to the list of covered projects eligible for the FAST-41 
expedited permitting process. For example, H.R. 5929 would 
ensure that the FAST-41 program encompasses Secretary of War-
directed feasibility studies for mineral processing projects, 
by-product and co-product recovery from existing mines and mine 
waste, as well as initiatives focused on modernization, 
workforce safety, and environmental sustainability. This bill 
aligns with President Trump's agenda by codifying portions of 
Executive Order 14241, Immediate Measures to Increase American 
Mineral Production.\2\
---------------------------------------------------------------------------
    \2\The White House, ``Immediate Measures to Increase American 
Mineral Production,'' March 20, 2025, https://www.whitehouse.gov/
presidential-actions/2025/03/immediate-measures-to-increase-american-
mineral-production/.
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H.R. 5929 was introduced on November 7, 2025, by 
Representative Andy Barr (R-KY). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Energy and Mineral Resources. On February 24, 
2026, the Subcommittee on Energy and Mineral Resources held a 
hearing on the bill. On April 21, 2026, the Committee on 
Natural Resources met to consider the bill. The Subcommittee on 
Energy and Mineral Resources was discharged from further 
consideration of H.R. 5929 by unanimous consent. Chairman Bruce 
Westerman (R-AR) offered an Amendment in the Nature of a 
Substitute designated Westerman_067 ANS. The Amendment in the 
Nature of a Substitute was agreed to by voice vote. 
Representative Adelita Grijalva (D-AZ) offered an amendment to 
the Amendment in the Nature of a Substitute designated Grijalva 
#1. The amendment was not agreed to by a roll call vote of 16 
yeas to 21 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] 


    The bill, as amended, was ordered favorably reported to the 
House of Representatives by voice vote.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Energy and Mineral Resources 
held on April 21, 2026.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 names the bill the ``Critical Minerals Supply 
Chain Resiliency Act of 2026''.

Section 2. Treatment of actions under Presidential Determination 2022-
        11 for Federal permitting improvement purposes

    Section 2 ensures that actions taken by the Secretary of 
War authorized by Section 303 of the Defense Production Act of 
1950 are treated as covered projects and included on the FAST-
41 Permitting Dashboard.
    Section 2 also allows project sponsors to request that 
their projects not be treated as covered projects or included 
on the Permitting Dashboard.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    PERFORMANCE GOALS AND OBJECTIVES

    As required by clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this bill is to adjust the 
treatment of certain actions under Presidential Determination 
2022-11 for Federal permitting improvement, and for other 
purposes.

              NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY,
                          AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                 CONGRESSIONAL BUDGET OFFICE ESTIMATES

    Pursuant to clause 3(d)(1) of House rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to the 
Congressional Budget Act of 1974.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    The Committee adopts as its own the estimate of the Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                           EXISTING PROGRAMS

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    As ordered reported by the Committee on Natural Resources, 
H.R. 5929 would make no changes in existing law.

                            DISSENTING VIEWS

    H.R. 5929 would require all actions taken by the 
administration under the Defense Production Act (DPA) to expand 
domestic production capabilities for strategic and critical 
minerals to be automatically treated as ``covered projects'' 
eligible for the expedited FAST-41 permitting process, unless 
the project sponsor requests otherwise.
    The DPA is intended to fund projects important to national 
security, but this administration seems to be defining 
``national security'' as whatever its industry allies want, 
whether it's to complete construction of President Trump's 
ballroom, to try and shut down offshore wind, or waive 
Endangered Species Act requirements for Big Oil in the Gulf of 
Mexico.
    Unfortunately, this legislation is not a simple question of 
aligning federal permitting practices with federal investment 
priorities for national security. Over the last several years, 
and increasingly during the Trump administration, the DPA has 
been used to direct substantial investments towards mining 
projects purported to produce minerals essential for defense 
and military purposes.
    Among other investments, the Trump administration has used 
the DPA to fund equity stakes in several mining companies after 
waiving independent financial disclosure requirements--several 
of which have ties to friends and family of high-ranking 
administration officials, who have been able to profit 
substantially off these announcements. Notably, the 
administration announced a deal for the company Trilogy Metals 
while simultaneously fast-tracking permitting for the 
controversial Ambler Road project, which is needed to develop 
Trilogy's proposed mine. At the time of the announcement, John 
Alfred Paulson, a close ally of President Trump, was the 
fourth-largest shareholder in Trilogy; the value of his shares 
increased from $30 million to $100 million overnight. In the 
following months, Paulson sold all shares in the Trilogy.
    While I am concerned about the abuses of the DPA, I do 
recognize that the legislation, through the FAST-41 process, 
would provide more transparency and opportunities for public 
input than the administration is currently providing for DPA-
funded projects under its ``emergency'' procedures invoked 
pursuant to the so-called National Energy Emergency.

                                             Jared Huffman,
                                                    Ranking Member.

                                  [all]