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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing American 
Critical Minerals Act of 2023’’. 
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SEC. 2. PROHIBITION OF SALE OF CRITICAL MINERALS TO 
FOREIGN ENTITIES OF CONCERN BY PER-
SONS CONDUCTING CERTAIN MINERAL AC-
TIVITIES ON FEDERAL LAND. 
(a) IN GENERAL.—No operator may sell or transfer 
any covered mineral to a foreign entity of concern. 
(b) AUTHORITY TO DENY AUTHORIZATION.—Not-
withstanding any other provision of law, the Secretary 
may decline to issue or renew any covered authorization 
to any person if— 
(1) such person is a foreign entity of concern; 
(2) such person has violated subsection (a); 
(3) any report made available to the public 
under subsection (d) by such person is incomplete or 
inaccurate; or 
(4) the issuance of such authorization would 
negatively affect the national security of the United 
States through the subsequent sale or transfer of 
any product resulting from the issuance of such au-
thorization to a foreign entity of concern. 
(c) ADMINISTRATIVE, CIVIL, AND CRIMINAL PEN-
ALTIES.—The Secretary, in consultation with the Sec-
retary of Commerce and such other Federal agencies as 
the Secretary determines appropriate, shall establish by 
regulation such administrative, civil, and criminal pen-
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alties as the Secretary determines, after such consultation, 
appropriate for— 
(1) a violation of subsection (a); and 
(2) a failure to submit a complete and accurate 
report under subsection (d). 
(d) REPORTING
REQUIREMENT.—Each operator 
shall make available to the public a report, not later than 
June 30 of each calendar year that succeeds a calendar 
year in which such person sold or transferred a covered 
mineral, that with respect to the preceding calendar 
year— 
(1) identifies the covered mineral such operator 
extracted, produced, or refined on Federal land and 
the location of each such activity with respect to 
each covered mineral; 
(2) identifies the purchaser or transferee of any 
covered mineral sold or transferred by such operator; 
and 
(3) includes a certification that the operator 
has determined that such purchaser or transferee is 
not a foreign entity of concern. 
(e) ADMINISTRATIVE FEE.—The Secretary shall in-
clude in each covered authorization issued after the date 
of the enactment of this section a requirement to pay a 
fee in such amount as the Secretary determines appro-
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