Securing American Critical Minerals Act of 2023

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5021 Introduced in House (IH)]

<DOC>






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 Representatives 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''.

SEC. 2. PROHIBITION OF SALE OF CRITICAL MINERALS TO FOREIGN ENTITIES OF 
              CONCERN BY PERSONS CONDUCTING CERTAIN MINERAL ACTIVITIES 
              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.--Notwithstanding 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 authorization to a foreign entity of concern.
    (c) Administrative, Civil, and Criminal Penalties.--The Secretary, 
in consultation with the Secretary of Commerce and such other Federal 
agencies as the Secretary determines appropriate, shall establish by 
regulation such administrative, civil, and criminal penalties 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 include 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 appropriate to provide amounts sufficient to administer this 
section with respect to each fiscal year.
    (f) Annual Report.--The Secretary shall publish and submit to 
Congress an annual report summarizing with respect to each covered 
mineral--
            (1) the aggregate contents of reports filed under 
        subsection (d);
            (2) the number and types of covered authorizations denied 
        under subsection (b); and
            (3) the number and types of penalties imposed under 
        subsection (c).
    (g) Availability of Funds.--Any fee collected under subsection (e) 
shall be made available to the Secretary to carry out this section and 
shall remain available until expended.
    (h) Definitions.--In this section:
            (1) Covered authorization.--The term ``covered 
        authorization'' means any permit, claim, lease, or other 
        authorization issued by the Secretary of the Interior relating 
        to covered mineral activities.
            (2) Covered mineral.--The term ``covered mineral'' means a 
        critical mineral (as such term is defined in section 7002 of 
        the Energy Act of 2020 (30 U.S.C. 1606)) extracted, produced, 
        or refined on Federal land.
            (3) Covered mineral activities.--The term ``covered mineral 
        activities'' means the extraction, production, or refinement of 
        a covered mineral on Federal land.
            (4) Foreign entity of concern.--The term ``foreign entity 
        of concern'' has the meaning given such term in section 9901 of 
        the William M. (Mac) Thornberry National Defense Authorization 
        Act for Fiscal Year 2021 (15 U.S.C. 4651).
            (5) Operator.--The term ``operator'' means a person that 
        conducts covered mineral activities or a related person (within 
        the meaning of section 267(b) of the Internal Revenue Code of 
        1986) of such person.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
                                 <all>