Congress quietly raises tax break for rare earth miners to 22 percent
H.R. 4772 — Critical Minerals Investment Tax Modernization Act of 2025 · Filed by Adrian Smith (R-NE) · 3 cosponsors · Introduced Jul 25, 2025 · Referred to committee
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What it does
This bill increases the tax deduction (percentage depletion allowance) that mining companies can claim when extracting rare earth elements and scandium from 15% to 22% of gross income. The higher deduction reduces taxable income and thus federal tax liability for rare earth miners, effective immediately upon enactment.
Why we flagged it
The bill's sole operative mechanism is a tax deduction increase for a specific extractive industry. It is a straightforward, narrowly-scoped tax carve-out with no broader policy justification stated in the text.
What the text implies
- The 22% depletion rate applies to gross income, not net profit, meaning miners receive the deduction even in loss years or low-margin operations, amplifying the subsidy effect.
- No sunset clause or performance requirement ties the deduction to domestic production, investment, or supply-chain resilience — the benefit flows regardless of whether mining activity increases or rare earth supply improves.
- The bill does not require disclosure of how the tax savings are deployed (reinvestment, dividends, executive compensation), so public cannot track whether the subsidy achieves any stated national-security or supply-chain goal.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill provides a targeted tax subsidy to rare earth mining companies by increasing their depletion allowance, reducing federal revenue without a corresponding public benefit or offsetting appropriation. Ordinary taxpayers bear the cost through either higher taxes elsewhere or reduced public services.
Who stands to gain
- rare earth mining companies
- scandium mining operations
- mineral extraction sector
Named in the bill
Internal Revenue Code Section 613(b)(1)(B), rare earth elements (lanthanides), scandium, tantalum, percentage depletion allowance
Where it stands
3 cosponsors: 2 Democrats, 1 Republicans.
- Jul 25, 2025 — Introduced · Congress.gov: “Introduced in House”
- Jul 25, 2025 — Referred to House Committee on Ways and Means · Congress.gov: “Referred to the House Committee on Ways and Means”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
Money around this bill
2 lobbying clients named this bill on 2 disclosure filings across 2 quarters, Mar 2026 to Jun 2026. Those filings disclosed $70,000 in lobbying spend. A filing names 4 bills on average, so that figure is what each filing reported, not a share belonging to this bill.
More lobbying clients named this bill than 41% of bills with at least one filing.
Adrian Smith, the sponsor, reported $1,398,750 in PAC receipts in the 2026 cycle.
- Niocorp Developments Ltd — $50,000 on 1 filing
- Elk Creek Resources Corp. — $20,000 on 1 filing
Lobbying Disclosure Act filings through Jul 20, 2026. A filing shows who paid to lobby on a bill it names, not what changed.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (520 characters) on Jun 3, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
Money — Senate Lobbying Disclosure Act filings whose specific-issue field names this bill for quarters ending Mar 2026 to Jun 2026. A filing's amount is reported whole beside the median number of bills a filing names; it is never divided across them. PAC receipts are FEC-reported contributions to the sponsor's candidate committee in the 2026 cycle.
As of — lobbying records through Jul 20, 2026 · page rendered 2026-10-20.
“Congress quietly raises tax break for rare earth miners to 22 percent” QuorumCivic. https://share.quorumcivic.app/bill/119/hr4772 Report an error
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