II 

Calendar No. 607 

118TH CONGRESS 

2D SESSION S. 3631 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 18, 2024 

Mr. CORNYN (for himself, Mr. WARNER, Mr. YOUNG, Mr. KING, Mr. 

LANKFORD, and Mr. HICKENLOOPER) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Critical Minerals Secu3 rity Act of 2024’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) COVERED NATION.—The term ‘‘covered na7 tion’’ has the meaning given that term in section 

8 4872 of title 10, United States Code. 

9 (2) CRITICAL MINERAL.—The term ‘‘critical 

10 mineral’’ has the meaning given that term in section 

11 7002(a) of the Energy Act of 2020 (30 U.S.C. 

12 1606(a)). 

13 (3) FOREIGN ENTITY OF CONCERN.—The term 

14 ‘‘foreign entity of concern’’ has the meaning given 

15 that term in section 40207 of the Infrastructure In16 vestment and Jobs Act (42 U.S.C. 18741). 

17 (4) RARE EARTH ELEMENTS.—The term ‘‘rare 

18 earth elements’’ means cerium, dysprosium, erbium, 

19 europium, gadolinium, holmium, lanthanum, lute20 tium, neodymium, praseodymium, promethium, sa21 marium, scandium, terbium, thulium, ytterbium, and 

22 yttrium. 

23 (5) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ means— 


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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or of any jurisdiction within 

6 the United States, including a foreign branch of 

7 such an entity. 

8 SEC. 3. REPORTS ON CRITICAL MINERAL AND RARE EARTH 

9 ELEMENT RESOURCES. 

10 (a) IN GENERAL.—Not later than one year after the 

11 date of the enactment of this Act, and every 2 years there12 after, the Secretary of the Interior, in consultation with 

13 the heads of relevant Federal agencies, shall submit to 

14 Congress a report on all critical mineral and rare earth 

15 element resources around the world that includes— 

16 (1) an assessment of— 

17 (A) which of such resources are under the 

18 control of a foreign entity of concern, including 

19 through ownership, contract, or economic or po20 litical influence; 

21 (B) which of such resources are owned by, 

22 controlled by, or subject to the jurisdiction or 

23 direction of the United States or a country that 

24 is an ally or partner of the United States; 


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1 (C) which of such resources are not owned 

2 by, controlled by, or subject to the jurisdiction 

3 or direction of a foreign entity of concern or a 

4 country described in subparagraph (B); and 

5 (D) in the case of such resources not un6 dergoing commercial mining, the reasons for 

7 the lack of commercial mining; 

8 (2) for each mine from which significant quan9 tities of critical minerals or rare earth elements are 

10 being extracted, as of the date that is one year be11 fore the date of the report— 

12 (A) an estimate of the annual volume of 

13 output of the mine as of that date; 

14 (B) an estimate of the total volume of min15 eral or elements that remain in the mine as of 

16 that date; 

17 (C)(i) an identification of the country and 

18 entity operating the mine; or 

19 (ii) if the mine is operated by more than 

20 one country or entity, an estimate of the output 

21 of each mineral or element from the mine to 

22 which each such country or entity has access; 

23 and 


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1 (D) an identification of the ultimate bene2 ficial owners of the mine and the percentage of 

3 ownership held by each such owner; 

4 (3) for each mine not described in paragraph 

5 (2), to the extent practicable— 

6 (A) an estimate of the aggregate annual 

7 volume of output of the mines as of the date 

8 that is one year before the date of the report; 

9 (B) an estimate of the aggregate total vol10 ume of mineral or elements that remain in the 

11 mines as of that date; 

12 (C) an estimate of the aggregate total out13 put of each mineral or element from the mine 

14 to which a foreign entity of concern has access; 

15 (4)(A) a list of key foreign entities of concern 

16 involved in mining critical minerals and rare earth 

17 elements; 

18 (B) a list of key entities in the United States 

19 and countries that are allies or partners of the 

20 United States involved in mining critical minerals 

21 and rare earth elements; and 

22 (C) an assessment of the technical feasibility of 

23 entities listed under subparagraphs (A) and (B) 

24 mining and processing resources identified under 


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1 paragraph (1)(C) using existing advanced tech2 nology; 

3 (5) an assessment, prepared in consultation 

4 with the Secretary of State, of ways to collaborate 

5 with countries in which mines or mineral processing 

6 operations (or both) are located that are operated by 

7 other countries, or are operated by entities from 

8 other countries, to ensure ongoing access by the 

9 United States and countries that are allies and part10 ners of the United States to those mines and proc11 essing operations; 

12 (6) a list, prepared in consultation with the 

13 Secretary of Commerce, identifying, to the maximum 

14 extent practicable, all cases in which entities were 

15 forced to divest stock in mining or processing oper16 ations for critical minerals and rare earth elements 

17 based on— 

18 (A) regulatory rulings of the government 

19 of a covered nation; 

20 (B) joint regulatory rulings of such a gov21 ernment and the government of another coun22 try; or 

23 (C) rulings of a relevant tribunal or other 

24 entity authorized to render binding decisions on 

25 divestiture; 


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1 (7) a list of all cases in which the government 

2 of a covered nation purchased an entity that was 

3 forced to divest stock as described in paragraph (6); 

4 and 

5 (8) a list of all cases in which mining or proc6 essing operations (or both) for critical minerals and 

7 rare earth elements that were not subject to a ruling 

8 described in paragraph (6) were taken over by— 

9 (A) the government of a covered nation; or 

10 (B) an entity located in, or influenced or 

11 controlled by, such a government. 

12 (b) FORM OF REPORT.—Each report required by 

13 subsection (a) shall be submitted in unclassified form, but 

14 may include a classified annex if necessary. 

15 SEC. 4. PROCESS FOR NOTIFYING UNITED STATES GOVERN16 MENT OF DIVESTMENT. 

17 Not later than one year after the date of the enact18 ment of this Act, the Secretary of the Interior, in consulta19 tion with the Secretary of State, shall establish a process 

20 under which— 

21 (1) a United States person seeking to divest 

22 stock in mining or mineral processing operations for 

23 critical minerals and rare earth elements in a foreign 

24 country may notify the Secretary of the intention of 

25 the person to divest such stock; and 


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1 (2) the Secretary may provide assistance to the 

2 person to find a purchaser that is not under the con3 trol of the government of a covered nation. 

4 SEC. 5. STRATEGY ON DEVELOPMENT OF ADVANCED MIN5 ING, REFINING, SEPARATION, AND PROC6 ESSING TECHNOLOGIES. 

7 (a) IN GENERAL.—Not later than one year after the 

8 date of the enactment of this Act, the Secretary of the 

9 Interior, in consultation with the heads of relevant Federal 

10 agencies, shall develop— 

11 (1) a strategy to collaborate with the govern12 ments of countries that are allies and partners of 

13 the United States to develop advanced mining, refin14 ing, separation, and processing technologies; and 

15 (2) a method for sharing the intellectual prop16 erty resulting from the development of such tech17 nologies with those countries to enable those coun18 tries to license such technologies and mine, refine, 

19 separate, and process the resources of such coun20 tries. 

21 (b) REPORTS REQUIRED.—Not later than one year 

22 after the date of the enactment of this Act, and annually 

23 thereafter, the Secretary shall submit to Congress a report 

24 on the progress made in developing the strategy and meth25 od described in subsection (a). 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Critical Minerals Secu3 rity Act of 2024’’. 

4 SEC. 2. REPORTS ON CRITICAL MINERAL AND RARE EARTH 

5 ELEMENT RESOURCES. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COVERED NATION.—The term ‘‘covered na8 tion’’ has the meaning given that term in section 

9 4872 of title 10, United States Code. 

10 (2) CRITICAL MINERAL.—The term ‘‘critical 

11 mineral’’ has the meaning given that term in section 

12 7002(a) of the Energy Act of 2020 (30 U.S.C. 

13 1606(a)). 

14 (3) FOREIGN ENTITY OF CONCERN.—The term 

15 ‘‘foreign entity of concern’’ has the meaning given 

16 that term in section 40207 of the Infrastructure In17 vestment and Jobs Act (42 U.S.C. 18741). 

18 (4) RARE EARTH ELEMENTS.—The term ‘‘rare 

19 earth elements’’ means cerium, dysprosium, erbium, 

20 europium, gadolinium, holmium, lanthanum, lute21 tium, neodymium, praseodymium, promethium, sa22 marium, scandium, terbium, thulium, ytterbium, and 

23 yttrium. 

24 (5) UNITED STATES PERSON.—The term ‘‘United 

25 States person’’ means— 


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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or of any jurisdiction within 

6 the United States, including a foreign branch of 

7 such an entity. 

8 (b) REPORTS ON CRITICAL MINERAL AND RARE

9 EARTH ELEMENT RESOURCES.— 

10 (1) IN GENERAL.—Not later than one year after 

11 the date of the enactment of this Act, and every 2 

12 years thereafter, the Secretary of the Interior, in con13 sultation with the Secretary of Energy and the heads 

14 of other relevant Federal agencies, shall submit to 

15 Congress a report on all critical mineral and rare 

16 earth element resources (including recyclable or recy17 cled materials containing such resources) around the 

18 world that includes— 

19 (A) an assessment of— 

20 (i) which of such resources are under 

21 the control of a foreign entity of concern, 

22 including through ownership, contract, or 

23 economic or political influence; 

24 (ii) which of such resources are owned 

25 by, controlled by, or subject to the jurisdicVerDate Sep 11 2014 06:46 Nov 22, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S3631.RS S3631

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1 tion or direction of the United States or a 

2 country that is an ally or partner of the 

3 United States; 

4 (iii) which of such resources are not 

5 owned by, controlled by, or subject to the ju6 risdiction or direction of a foreign entity of 

7 concern or a country described in clause 

8 (ii); and 

9 (iv) in the case of such resources not 

10 undergoing commercial mining, the reasons 

11 for the lack of commercial mining; 

12 (B) for each mine from which significant 

13 quantities of critical minerals or rare earth ele14 ments are being extracted, as of the date that is 

15 one year before the date of the report— 

16 (i) an estimate of the annual volume of 

17 output of the mine as of that date; 

18 (ii) an estimate of the total volume of 

19 mineral or elements that remain in the 

20 mine as of that date; 

21 (iii)(I) an identification of the country 

22 and entity operating the mine; or 

23 (II) if the mine is operated by more 

24 than one country or entity, an estimate of 

25 the output of each mineral or element from 


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1 the mine to which each such country or en2 tity has access; and 

3 (iv) an identification of the ultimate 

4 beneficial owners of the mine and the per5 centage of ownership held by each such 

6 owner; 

7 (C) for each mine not described in subpara8 graph (B), to the extent practicable— 

9 (i) an estimate of the aggregate annual 

10 volume of output of the mines as of the date 

11 that is one year before the date of the report; 

12 (ii) an estimate of the aggregate total 

13 volume of mineral or elements that remain 

14 in the mines as of that date; and 

15 (iii) an estimate of the aggregate total 

16 output of each mineral or element from the 

17 mine to which a foreign entity of concern 

18 has access; 

19 (D)(i) a list of key foreign entities of con20 cern involved in mining critical minerals and 

21 rare earth elements; 

22 (ii) a list of key entities in the United 

23 States and countries that are allies or partners 

24 of the United States involved in mining critical 

25 minerals and rare earth elements; and 


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1 (iii) an assessment of the technical feasi2 bility of entities listed under clauses (i) and (ii) 

3 mining and processing resources identified under 

4 subparagraph (A)(iii) using existing advanced 

5 technology; 

6 (E) an assessment, prepared in consultation 

7 with the Secretary of State, of ways to collabo8 rate with countries in which mines, mineral 

9 processing operations, or recycling operations (or 

10 any combination thereof) are located that are op11 erated by other countries, or are operated by en12 tities from other countries, to ensure ongoing ac13 cess by the United States and countries that are 

14 allies and partners of the United States to those 

15 mines and processing or recycling operations; 

16 (F) a list, prepared in consultation with the 

17 Secretary of Commerce, identifying, to the max18 imum extent practicable, all cases in which enti19 ties were forced to divest stock in mining, proc20 essing, or recycling operations (or any combina21 tion thereof) for critical minerals and rare earth 

22 elements based on— 

23 (i) regulatory rulings of the govern24 ment of a covered nation; 


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1 (ii) joint regulatory rulings of such a 

2 government and the government of another 

3 country; or 

4 (iii) rulings of a relevant tribunal or 

5 other entity authorized to render binding 

6 decisions on divestiture; 

7 (G) a list of all cases in which the govern8 ment of a covered nation purchased an entity 

9 that was forced to divest stock as described in 

10 subparagraph (F); and 

11 (H) a list of all cases in which mining, 

12 processing, or recycling operations (or any com13 bination thereof) for critical minerals and rare 

14 earth elements that were not subject to a ruling 

15 described in subparagraph (F) were taken over 

16 by— 

17 (i) the government of a covered nation; 

18 or 

19 (ii) an entity located in, or influenced 

20 or controlled by, such a government. 

21 (2) FORM OF REPORT.—Each report required by 

22 paragraph (1) shall be submitted in unclassified form, 

23 but may include a classified annex, if necessary. 

24 (c) PROCESS FOR NOTIFYING UNITED STATES GOV25 ERNMENT OF DIVESTMENT.—Not later than one year after 


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1 the date of the enactment of this Act, the Secretary of the 

2 Interior, in consultation with the Secretary of State, shall 

3 establish a process under which— 

4 (1) a United States person seeking to divest stock 

5 in mining, processing, or recycling operations for 

6 critical minerals and rare earth elements in a foreign 

7 country may notify the Secretary of the intention of 

8 the person to divest such stock; and 

9 (2) the Secretary may provide assistance to the 

10 person to find a purchaser that is not under the con11 trol of the government of a covered nation. 

12 (d) STRATEGY ON DEVELOPMENT OF ADVANCED MIN13 ING, REFINING, SEPARATION, PROCESSING, AND RECYCLING

14 TECHNOLOGIES.— 

15 (1) IN GENERAL.—Not later than one year after 

16 the date of the enactment of this Act, the Secretary of 

17 the Interior, in consultation with the Secretary of En18 ergy and the heads of other relevant Federal agencies, 

19 shall develop— 

20 (A) a strategy to collaborate with the gov21 ernments of countries that are allies and part22 ners of the United States to develop advanced 

23 mining, refining, separation, processing, and re24 cycling technologies; and 


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1 (B) a method for sharing the intellectual 

2 property resulting from the development of such 

3 technologies with those countries to enable those 

4 countries to license such technologies and mine, 

5 refine, separate, process, and recycle the re6 sources of such countries. 

7 (2) REPORTS REQUIRED.—Not later than one 

8 year after the date of the enactment of this Act, and 

9 annually thereafter, the Secretary shall submit to 

10 Congress a report on the progress made in developing 

11 the strategy and method described in paragraph (1). 


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Calendar No. 607 

118TH CONGRESS 

2D SESSION S. 3631 

A BILL 

To require reports on critical mineral and rare 

refining, separation, and processing technologies. strategy for the development of advanced mining, earth element resources around the world and a 

NOVEMBER 21, 2024 

Reported with an amendment 


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