I 

118TH CONGRESS 

1ST SESSION H. R. 5021 

To prohibit the sale or transfer of certain critical minerals to foreign entities 

of concern. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Ms. MCCOLLUM introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To prohibit the sale or transfer of certain critical minerals 

to foreign entities of concern. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing American 

5 Critical Minerals Act of 2023’’. 


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1 SEC. 2. PROHIBITION OF SALE OF CRITICAL MINERALS TO 

2 FOREIGN ENTITIES OF CONCERN BY PER3 SONS CONDUCTING CERTAIN MINERAL AC4 TIVITIES ON FEDERAL LAND. 

5 (a) IN GENERAL.—No operator may sell or transfer 

6 any covered mineral to a foreign entity of concern. 

7 (b) AUTHORITY TO DENY AUTHORIZATION.—Not8 withstanding any other provision of law, the Secretary 

9 may decline to issue or renew any covered authorization 

10 to any person if— 

11 (1) such person is a foreign entity of concern; 

12 (2) such person has violated subsection (a); 

13 (3) any report made available to the public 

14 under subsection (d) by such person is incomplete or 

15 inaccurate; or 

16 (4) the issuance of such authorization would 

17 negatively affect the national security of the United 

18 States through the subsequent sale or transfer of 

19 any product resulting from the issuance of such au20 thorization to a foreign entity of concern. 

21 (c) ADMINISTRATIVE, CIVIL, AND CRIMINAL PEN22 ALTIES.—The Secretary, in consultation with the Sec23 retary of Commerce and such other Federal agencies as 

24 the Secretary determines appropriate, shall establish by 

25 regulation such administrative, civil, and criminal penVerDate Sep 11 2014 22:34 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5021.IH H5021

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1 alties as the Secretary determines, after such consultation, 

2 appropriate for— 

3 (1) a violation of subsection (a); and 

4 (2) a failure to submit a complete and accurate 

5 report under subsection (d). 

6 (d) REPORTING REQUIREMENT.—Each operator 

7 shall make available to the public a report, not later than 

8 June 30 of each calendar year that succeeds a calendar 

9 year in which such person sold or transferred a covered 

10 mineral, that with respect to the preceding calendar 

11 year— 

12 (1) identifies the covered mineral such operator 

13 extracted, produced, or refined on Federal land and 

14 the location of each such activity with respect to 

15 each covered mineral; 

16 (2) identifies the purchaser or transferee of any 

17 covered mineral sold or transferred by such operator; 

18 and 

19 (3) includes a certification that the operator 

20 has determined that such purchaser or transferee is 

21 not a foreign entity of concern. 

22 (e) ADMINISTRATIVE FEE.—The Secretary shall in23 clude in each covered authorization issued after the date 

24 of the enactment of this section a requirement to pay a 

25 fee in such amount as the Secretary determines approVerDate Sep 11 2014 22:34 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5021.IH H5021

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1 priate to provide amounts sufficient to administer this sec2 tion with respect to each fiscal year. 

3 (f) ANNUAL REPORT.—The Secretary shall publish 

4 and submit to Congress an annual report summarizing 

5 with respect to each covered mineral— 

6 (1) the aggregate contents of reports filed 

7 under subsection (d); 

8 (2) the number and types of covered authoriza9 tions denied under subsection (b); and 

10 (3) the number and types of penalties imposed 

11 under subsection (c). 

12 (g) AVAILABILITY OF FUNDS.—Any fee collected 

13 under subsection (e) shall be made available to the Sec14 retary to carry out this section and shall remain available 

15 until expended. 

16 (h) DEFINITIONS.—In this section: 

17 (1) COVERED AUTHORIZATION.—The term 

18 ‘‘covered authorization’’ means any permit, claim, 

19 lease, or other authorization issued by the Secretary 

20 of the Interior relating to covered mineral activities. 

21 (2) COVERED MINERAL.—The term ‘‘covered 

22 mineral’’ means a critical mineral (as such term is 

23 defined in section 7002 of the Energy Act of 2020 

24 (30 U.S.C. 1606)) extracted, produced, or refined on 

25 Federal land. 


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1 (3) COVERED MINERAL ACTIVITIES.—The term 

2 ‘‘covered mineral activities’’ means the extraction, 

3 production, or refinement of a covered mineral on 

4 Federal land. 

5 (4) FOREIGN ENTITY OF CONCERN.—The term 

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

7 such term in section 9901 of the William M. (Mac) 

8 Thornberry National Defense Authorization Act for 

9 Fiscal Year 2021 (15 U.S.C. 4651). 

10 (5) OPERATOR.—The term ‘‘operator’’ means a 

11 person that conducts covered mineral activities or a 

12 related person (within the meaning of section 267(b) 

13 of the Internal Revenue Code of 1986) of such per14 son. 

15 (6) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

Æ 


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