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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3631 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Critical Minerals Security 
Act of 2024''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Covered nation.--The term ``covered nation'' 
        has the meaning given that term in section 4872 of title 10, 
        United States Code.</DELETED>
        <DELETED>    (2) Critical mineral.--The term ``critical 
        mineral'' has the meaning given that term in section 7002(a) of 
        the Energy Act of 2020 (30 U.S.C. 1606(a)).</DELETED>
        <DELETED>    (3) Foreign entity of concern.--The term ``foreign 
        entity of concern'' has the meaning given that term in section 
        40207 of the Infrastructure Investment and Jobs Act (42 U.S.C. 
        18741).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) United states person.--The term ``United 
        States person'' means--</DELETED>
                <DELETED>    (A) a United States citizen or an alien 
                lawfully admitted for permanent residence to the United 
                States; or</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. REPORTS ON CRITICAL MINERAL AND RARE EARTH ELEMENT 
              RESOURCES.</DELETED>

<DELETED>    (a) In General.--Not later than one year after the date of 
the enactment of this Act, and every 2 years thereafter, the Secretary 
of the Interior, in consultation with the heads of relevant Federal 
agencies, shall submit to Congress a report on all critical mineral and 
rare earth element resources around the world that includes--</DELETED>
        <DELETED>    (1) an assessment of--</DELETED>
                <DELETED>    (A) which of such resources are under the 
                control of a foreign entity of concern, including 
                through ownership, contract, or economic or political 
                influence;</DELETED>
                <DELETED>    (B) which of such 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;</DELETED>
                <DELETED>    (C) which of such 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 subparagraph (B); and</DELETED>
                <DELETED>    (D) in the case of such resources not 
                undergoing commercial mining, the reasons for the lack 
                of commercial mining;</DELETED>
        <DELETED>    (2) for each mine from which significant 
        quantities of critical minerals or rare earth elements are 
        being extracted, as of the date that is one year before the 
        date of the report--</DELETED>
                <DELETED>    (A) an estimate of the annual volume of 
                output of the mine as of that date;</DELETED>
                <DELETED>    (B) an estimate of the total volume of 
                mineral or elements that remain in the mine as of that 
                date;</DELETED>
                <DELETED>    (C)(i) an identification of the country 
                and entity operating the mine; or</DELETED>
                <DELETED>    (ii) if the mine is operated by more than 
                one 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</DELETED>
                <DELETED>    (D) an identification of the ultimate 
                beneficial owners of the mine and the percentage of 
                ownership held by each such owner;</DELETED>
        <DELETED>    (3) for each mine not described in paragraph (2), 
        to the extent practicable--</DELETED>
                <DELETED>    (A) an estimate of the aggregate annual 
                volume of output of the mines as of the date that is 
                one year before the date of the report;</DELETED>
                <DELETED>    (B) an estimate of the aggregate total 
                volume of mineral or elements that remain in the mines 
                as of that date;</DELETED>
                <DELETED>    (C) an estimate of the aggregate total 
                output of each mineral or element from the mine to 
                which a foreign entity of concern has access;</DELETED>
        <DELETED>    (4)(A) a list of key foreign entities of concern 
        involved in mining critical minerals and rare earth 
        elements;</DELETED>
        <DELETED>    (B) 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</DELETED>
        <DELETED>    (C) an assessment of the technical feasibility of 
        entities listed under subparagraphs (A) and (B) mining and 
        processing resources identified under paragraph (1)(C) using 
        existing advanced technology;</DELETED>
        <DELETED>    (5) an assessment, prepared in consultation with 
        the Secretary of State, of ways to collaborate with countries 
        in which mines or mineral processing operations (or both) 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 
        operations;</DELETED>
        <DELETED>    (6) 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 or processing operations for critical minerals 
        and rare earth elements based on--</DELETED>
                <DELETED>    (A) regulatory rulings of the government 
                of a covered nation;</DELETED>
                <DELETED>    (B) joint regulatory rulings of such a 
                government and the government of another country; 
                or</DELETED>
                <DELETED>    (C) rulings of a relevant tribunal or 
                other entity authorized to render binding decisions on 
                divestiture;</DELETED>
        <DELETED>    (7) 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 paragraph (6); and</DELETED>
        <DELETED>    (8) a list of all cases in which mining or 
        processing operations (or both) for critical minerals and rare 
        earth elements that were not subject to a ruling described in 
        paragraph (6) were taken over by--</DELETED>
                <DELETED>    (A) the government of a covered nation; 
                or</DELETED>
                <DELETED>    (B) an entity located in, or influenced or 
                controlled by, such a government.</DELETED>
<DELETED>    (b) Form of Report.--Each report required by subsection 
(a) shall be submitted in unclassified form, but may include a 
classified annex if necessary.</DELETED>

<DELETED>SEC. 4. PROCESS FOR NOTIFYING UNITED STATES GOVERNMENT OF 
              DIVESTMENT.</DELETED>

<DELETED>    Not later than one year after the date of the enactment of 
this Act, the Secretary of the Interior, in consultation with the 
Secretary of State, shall establish a process under which--</DELETED>
        <DELETED>    (1) a United States person seeking to divest stock 
        in mining or mineral processing operations for critical 
        minerals and rare earth elements in a foreign country may 
        notify the Secretary of the intention of the person to divest 
        such stock; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. STRATEGY ON DEVELOPMENT OF ADVANCED MINING, REFINING, 
              SEPARATION, AND PROCESSING TECHNOLOGIES.</DELETED>

<DELETED>    (a) In General.--Not later than one year after the date of 
the enactment of this Act, the Secretary of the Interior, in 
consultation with the heads of relevant Federal agencies, shall 
develop--</DELETED>
        <DELETED>    (1) a strategy to collaborate with the governments 
        of countries that are allies and partners of the United States 
        to develop advanced mining, refining, separation, and 
        processing technologies; and</DELETED>
        <DELETED>    (2) a method for sharing the intellectual property 
        resulting from the development of such technologies with those 
        countries to enable those countries to license such 
        technologies and mine, refine, separate, and process the 
        resources of such countries.</DELETED>
<DELETED>    (b) Reports Required.--Not later than one year after the 
date of the 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 subsection 
(a).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Minerals Security Act of 
2024''.

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 that term in section 4872 of title 10, United 
        States Code.
            (2) Critical mineral.--The term ``critical mineral'' has 
        the meaning given that 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 that term in section 40207 
        of the Infrastructure Investment and Jobs Act (42 U.S.C. 
        18741).
            (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) 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 one year after the date of 
        the enactment of this Act, and every 2 years thereafter, the 
        Secretary of the Interior, 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 such resources) around the world that 
        includes--
                    (A) an assessment of--
                            (i) which of such resources are under the 
                        control of a foreign entity of concern, 
                        including through ownership, contract, or 
                        economic or political influence;
                            (ii) which of such 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 such 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 such 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 one 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 
                        one 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 one 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 such a 
                        government 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, such a government.
            (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 one year after the date of the enactment of this Act, 
the Secretary of the Interior, 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 
        such 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 one year after the date of 
        the enactment of this Act, the Secretary of the Interior, 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 such technologies 
                with those countries to enable those countries to 
                license such technologies and mine, refine, separate, 
                process, and recycle the resources of such countries.
            (2) Reports required.--Not later than one year after the 
        date of the 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).
                                                       Calendar No. 607

118th CONGRESS

  2d Session

                                S. 3631

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment
```