II
119THCONGRESS
1
STSESSION 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, refin-
ing, separation, and processing technologies, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY27, 2025
Mr. C
ORNYN(for himself, Mr. WARNER, Mr. YOUNG, Mr. HICKENLOOPER,
and Mr. K
ING) 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 devel-
opment of advanced mining, refining, separation, and
processing technologies, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Critical Minerals Secu-4
rity Act of 2025’’. 5
SEC. 2. REPORTS ON CRITICAL MINERAL AND RARE EARTH 6
ELEMENT RESOURCES. 7
(a) D
EFINITIONS.—In this section: 8
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(1) COVERED NATION.—The term ‘‘covered na-1
tion’’ has the meaning given the term in section 2
4872(d) of title 10, United States Code. 3
(2) C
RITICAL MINERAL.—The term ‘‘critical 4
mineral’’ has the meaning given the term in section 5
7002(a) of the Energy Act of 2020 (30 U.S.C. 6
1606(a)). 7
(3) F
OREIGN ENTITY OF CONCERN .—The term 8
‘‘foreign entity of concern’’ has the meaning given 9
the term in section 40207(a) of the Infrastructure 10
Investment and Jobs Act (42 U.S.C. 18741(a)). 11
(4) R
ARE EARTH ELEMENTS .—The term ‘‘rare 12
earth elements’’ means cerium, dysprosium, erbium, 13
europium, gadolinium, holmium, lanthanum, lute-14
tium, neodymium, praseodymium, promethium, sa-15
marium, scandium, terbium, thulium, ytterbium, and 16
yttrium. 17
(5) S
ECRETARY.—The term ‘‘Secretary’’ means 18
the Secretary of the Interior 19
(6) U
NITED STATES PERSON .—The term 20
‘‘United States person’’ means— 21
(A) a United States citizen or an alien law-22
fully admitted for permanent residence to the 23
United States; or 24
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(B) an entity organized under the laws of 1
the United States or of any jurisdiction within 2
the United States, including a foreign branch of 3
such an entity. 4
(b) R
EPORTS ON CRITICALMINERAL AND RARE 5
E
ARTHELEMENTRESOURCES.— 6
(1) I
N GENERAL.—Not later than 1 year after 7
the date of enactment of this Act, and every 2 years 8
thereafter, the Secretary, in consultation with the 9
Secretary of Energy and the heads of other relevant 10
Federal agencies, shall submit to Congress a report 11
on all critical mineral and rare earth element re-12
sources (including recyclable or recycled materials 13
containing those resources) around the world that 14
includes— 15
(A) an assessment of— 16
(i) which of those resources are under 17
the control of a foreign entity of concern, 18
including through ownership, contract, or 19
economic or political influence; 20
(ii) which of those resources are 21
owned by, controlled by, or subject to the 22
jurisdiction or direction of the United 23
States or a country that is an ally or part-24
ner of the United States; 25
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(iii) which of those resources are not 1
owned by, controlled by, or subject to the 2
jurisdiction or direction of a foreign entity 3
of concern or a country described in clause 4
(ii); and 5
(iv) in the case of those resources not 6
undergoing commercial mining, the reasons 7
for the lack of commercial mining; 8
(B) for each mine from which significant 9
quantities of critical minerals or rare earth ele-10
ments are being extracted, as of the date that 11
is 1 year before the date of the report— 12
(i) an estimate of the annual volume 13
of output of the mine as of that date; 14
(ii) an estimate of the total volume of 15
mineral or elements that remain in the 16
mine as of that date; 17
(iii)(I) an identification of the country 18
and entity operating the mine; or 19
(II) if the mine is operated by more 20
than 1 country or entity, an estimate of 21
the output of each mineral or element from 22
the mine to which each such country or en-23
tity has access; and 24
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(iv) an identification of the ultimate 1
beneficial owners of the mine and the per-2
centage of ownership held by each such 3
owner; 4
(C) for each mine not described in sub-5
paragraph (B), to the extent practicable— 6
(i) an estimate of the aggregate an-7
nual volume of output of the mines as of 8
the date that is 1 year before the date of 9
the report; 10
(ii) an estimate of the aggregate total 11
volume of mineral or elements that remain 12
in the mines as of that date; and 13
(iii) an estimate of the aggregate total 14
output of each mineral or element from the 15
mine to which a foreign entity of concern 16
has access; 17
(D)(i) a list of key foreign entities of con-18
cern involved in mining critical minerals and 19
rare earth elements; 20
(ii) a list of key entities in the United 21
States and countries that are allies or partners 22
of the United States involved in mining critical 23
minerals and rare earth elements; and 24
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(iii) an assessment of the technical feasi-1
bility of entities listed under clauses (i) and (ii) 2
mining and processing resources identified 3
under subparagraph (A)(iii) using existing ad-4
vanced technology; 5
(E) an assessment, prepared in consulta-6
tion with the Secretary of State, of ways to col-7
laborate with countries in which mines, mineral 8
processing operations, or recycling operations 9
(or any combination thereof) are located that 10
are operated by other countries, or are operated 11
by entities from other countries, to ensure on-12
going access by the United States and countries 13
that are allies and partners of the United 14
States to those mines and processing or recy-15
cling operations; 16
(F) a list, prepared in consultation with 17
the Secretary of Commerce, identifying, to the 18
maximum extent practicable, all cases in which 19
entities were forced to divest stock in mining, 20
processing, or recycling operations (or any com-21
bination thereof) for critical minerals and rare 22
earth elements based on— 23
(i) regulatory rulings of the govern-24
ment of a covered nation; 25
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(ii) joint regulatory rulings of the gov-1
ernment of a covered nation and the gov-2
ernment of another country; or 3
(iii) rulings of a relevant tribunal or 4
other entity authorized to render binding 5
decisions on divestiture; 6
(G) a list of all cases in which the govern-7
ment of a covered nation purchased an entity 8
that was forced to divest stock as described in 9
subparagraph (F); and 10
(H) a list of all cases in which mining, 11
processing, or recycling operations (or any com-12
bination thereof) for critical minerals and rare 13
earth elements that were not subject to a ruling 14
described in subparagraph (F) were taken over 15
by— 16
(i) the government of a covered na-17
tion; or 18
(ii) an entity located in, or influenced 19
or controlled by, the government of a cov-20
ered nation. 21
(2) F
ORM OF REPORT.—Each report required 22
by paragraph (1) shall be submitted in unclassified 23
form, but may include a classified annex, if nec-24
essary. 25
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(c) PROCESS FORNOTIFYINGUNITEDSTATESGOV-1
ERNMENT OFDIVESTMENT.—Not later than 1 year after 2
the date of enactment of this Act, the Secretary, in con-3
sultation with the Secretary of State, shall establish a 4
process under which— 5
(1) a United States person seeking to divest 6
stock in mining, processing, or recycling operations 7
for critical minerals and rare earth elements in a 8
foreign country may notify the Secretary of the in-9
tention of the person to divest the stock; and 10
(2) the Secretary may provide assistance to the 11
person to find a purchaser that is not under the con-12
trol of the government of a covered nation. 13
(d) S
TRATEGY ON DEVELOPMENT OF ADVANCED 14
M
INING, REFINING, SEPARATION, PROCESSING, ANDRE-15
CYCLINGTECHNOLOGIES.— 16
(1) I
N GENERAL.—Not later than 1 year after 17
the date of enactment of this Act, the Secretary, in 18
consultation with the Secretary of Energy and the 19
heads of other relevant Federal agencies, shall de-20
velop— 21
(A) a strategy to collaborate with the gov-22
ernments of countries that are allies and part-23
ners of the United States to develop advanced 24
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mining, refining, separation, processing, and re-1
cycling technologies; and 2
(B) a method for sharing the intellectual 3
property resulting from the development of ad-4
vanced mining, refining, separation, processing, 5
and recycling technologies with the governments 6
of countries that are allies and partners of the 7
United States to enable those countries to li-8
cense those technologies and mine, refine, sepa-9
rate, process, and recycle the resources of those 10
countries. 11
(2) R
EPORTS REQUIRED .—Not later than 1 12
year after the date of enactment of this Act, and an-13
nually thereafter, the Secretary shall submit to Con-14
gress a report on the progress made in developing 15
the strategy and method described in paragraph (1). 16
Æ
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