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