[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 789 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                 S. 789

To require reports on critical mineral and rare earth element resources 
around the world and a strategy for the development of advanced mining, 
   refining, separation, and processing technologies, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 27, 2025

 Mr. Cornyn (for himself, Mr. Warner, Mr. Young, Mr. Hickenlooper, and 
   Mr. King) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To require reports on critical mineral and rare earth element resources 
around the world and a strategy for the development of advanced mining, 
   refining, separation, and processing technologies, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Minerals Security Act of 
2025''.

SEC. 2. REPORTS ON CRITICAL MINERAL AND RARE EARTH ELEMENT RESOURCES.

    (a) Definitions.--In this section:
            (1) Covered nation.--The term ``covered nation'' has the 
        meaning given the term in section 4872(d) of title 10, United 
        States Code.
            (2) Critical mineral.--The term ``critical mineral'' has 
        the meaning given the term in section 7002(a) of the Energy Act 
        of 2020 (30 U.S.C. 1606(a)).
            (3) Foreign entity of concern.--The term ``foreign entity 
        of concern'' has the meaning given the term in section 40207(a) 
        of the Infrastructure Investment and Jobs Act (42 U.S.C. 
        18741(a)).
            (4) Rare earth elements.--The term ``rare earth elements'' 
        means cerium, dysprosium, erbium, europium, gadolinium, 
        holmium, lanthanum, lutetium, neodymium, praseodymium, 
        promethium, samarium, scandium, terbium, thulium, ytterbium, 
        and yttrium.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                or
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.
    (b) Reports on Critical Mineral and Rare Earth Element Resources.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Secretary, in consultation with the Secretary of Energy and the 
        heads of other relevant Federal agencies, shall submit to 
        Congress a report on all critical mineral and rare earth 
        element resources (including recyclable or recycled materials 
        containing those resources) around the world that includes--
                    (A) an assessment of--
                            (i) which of those resources are under the 
                        control of a foreign entity of concern, 
                        including through ownership, contract, or 
                        economic or political influence;
                            (ii) which of those resources are owned by, 
                        controlled by, or subject to the jurisdiction 
                        or direction of the United States or a country 
                        that is an ally or partner of the United 
                        States;
                            (iii) which of those resources are not 
                        owned by, controlled by, or subject to the 
                        jurisdiction or direction of a foreign entity 
                        of concern or a country described in clause 
                        (ii); and
                            (iv) in the case of those resources not 
                        undergoing commercial mining, the reasons for 
                        the lack of commercial mining;
                    (B) for each mine from which significant quantities 
                of critical minerals or rare earth elements are being 
                extracted, as of the date that is 1 year before the 
                date of the report--
                            (i) an estimate of the annual volume of 
                        output of the mine as of that date;
                            (ii) an estimate of the total volume of 
                        mineral or elements that remain in the mine as 
                        of that date;
                            (iii)(I) an identification of the country 
                        and entity operating the mine; or
                            (II) if the mine is operated by more than 1 
                        country or entity, an estimate of the output of 
                        each mineral or element from the mine to which 
                        each such country or entity has access; and
                            (iv) an identification of the ultimate 
                        beneficial owners of the mine and the 
                        percentage of ownership held by each such 
                        owner;
                    (C) for each mine not described in subparagraph 
                (B), to the extent practicable--
                            (i) an estimate of the aggregate annual 
                        volume of output of the mines as of the date 
                        that is 1 year before the date of the report;
                            (ii) an estimate of the aggregate total 
                        volume of mineral or elements that remain in 
                        the mines as of that date; and
                            (iii) an estimate of the aggregate total 
                        output of each mineral or element from the mine 
                        to which a foreign entity of concern has 
                        access;
                    (D)(i) a list of key foreign entities of concern 
                involved in mining critical minerals and rare earth 
                elements;
                    (ii) a list of key entities in the United States 
                and countries that are allies or partners of the United 
                States involved in mining critical minerals and rare 
                earth elements; and
                    (iii) an assessment of the technical feasibility of 
                entities listed under clauses (i) and (ii) mining and 
                processing resources identified under subparagraph 
                (A)(iii) using existing advanced technology;
                    (E) an assessment, prepared in consultation with 
                the Secretary of State, of ways to collaborate with 
                countries in which mines, mineral processing 
                operations, or recycling operations (or any combination 
                thereof) are located that are operated by other 
                countries, or are operated by entities from other 
                countries, to ensure ongoing access by the United 
                States and countries that are allies and partners of 
                the United States to those mines and processing or 
                recycling operations;
                    (F) a list, prepared in consultation with the 
                Secretary of Commerce, identifying, to the maximum 
                extent practicable, all cases in which entities were 
                forced to divest stock in mining, processing, or 
                recycling operations (or any combination thereof) for 
                critical minerals and rare earth elements based on--
                            (i) regulatory rulings of the government of 
                        a covered nation;
                            (ii) joint regulatory rulings of the 
                        government of a covered nation and the 
                        government of another country; or
                            (iii) rulings of a relevant tribunal or 
                        other entity authorized to render binding 
                        decisions on divestiture;
                    (G) a list of all cases in which the government of 
                a covered nation purchased an entity that was forced to 
                divest stock as described in subparagraph (F); and
                    (H) a list of all cases in which mining, 
                processing, or recycling operations (or any combination 
                thereof) for critical minerals and rare earth elements 
                that were not subject to a ruling described in 
                subparagraph (F) were taken over by--
                            (i) the government of a covered nation; or
                            (ii) an entity located in, or influenced or 
                        controlled by, the government of a covered 
                        nation.
            (2) Form of report.--Each report required by paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex, if necessary.
    (c) Process for Notifying United States Government of Divestment.--
Not later than 1 year after the date of enactment of this Act, the 
Secretary, in consultation with the Secretary of State, shall establish 
a process under which--
            (1) a United States person seeking to divest stock in 
        mining, processing, or recycling operations for critical 
        minerals and rare earth elements in a foreign country may 
        notify the Secretary of the intention of the person to divest 
        the stock; and
            (2) the Secretary may provide assistance to the person to 
        find a purchaser that is not under the control of the 
        government of a covered nation.
    (d) Strategy on Development of Advanced Mining, Refining, 
Separation, Processing, and Recycling Technologies.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Energy and the heads of other relevant Federal 
        agencies, shall develop--
                    (A) a strategy to collaborate with the governments 
                of countries that are allies and partners of the United 
                States to develop advanced mining, refining, 
                separation, processing, and recycling technologies; and
                    (B) a method for sharing the intellectual property 
                resulting from the development of advanced mining, 
                refining, separation, processing, and recycling 
                technologies with the governments of countries that are 
                allies and partners of the United States to enable 
                those countries to license those technologies and mine, 
                refine, separate, process, and recycle the resources of 
                those countries.
            (2) Reports required.--Not later than 1 year after the date 
        of enactment of this Act, and annually thereafter, the 
        Secretary shall submit to Congress a report on the progress 
        made in developing the strategy and method described in 
        paragraph (1).
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