Critical Minerals Security Act of 2025

Bill Number: S. 789
Origin Chamber: Senate
Congress: 119th Congress, Session 1
Policy Area: Energy
Status: Introduced
Latest Action: 2026-06-10: Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Last Updated: 2026-06-11T12:33:38Z

AI-Generated Summary

Purpose

The Critical Minerals Security Act of 2025 aims to enhance U.S. national security and supply chain resilience by requiring regular assessments of global critical minerals (essential materials for technologies like batteries and electronics) and rare earth elements (a group of 17 metals used in high-tech manufacturing). It mandates reports on worldwide resource control, ownership, and production, while directing the development of a strategy to advance mining, refining, separation, processing, and recycling technologies in collaboration with U.S. allies.

Key Provisions

Definitions:
Critical minerals: Materials identified under existing law as vital to the U.S. economy and national security (e.g., lithium, cobalt).
Rare earth elements: Specific metals like neodymium and dysprosium.
Covered nation: Countries posing national security risks (e.g., adversaries like China, as defined in U.S. defense law).
Foreign entity of concern: Entities tied to covered nations that could threaten U.S. interests (per infrastructure law).
United States person: U.S. citizens, permanent residents, or U.S.-based entities.

Biennial Reports on Resources (due within 1 year of enactment, then every 2 years, submitted by the Secretary of the Interior in consultation with Energy, State, and other agencies):
Assess global resources (including recyclables) under control of foreign entities of concern, U.S./allied control, or neutral parties.
Detail reasons for undeveloped mines.
For major mines: Estimate output, reserves, operators, ownership percentages, and access by entities.
For other mines: Aggregate estimates of output, reserves, and foreign entity access.
List key foreign and U.S./allied mining entities; evaluate feasibility of using advanced tech for untapped resources.
Assess collaboration opportunities with host countries for U.S./allied access to operations.
Identify forced divestments (sales of stakes) due to regulatory or tribunal rulings by covered nations; cases of government purchases or takeovers of operations.
Reports are unclassified but may include classified annexes.

Divestment Notification Process (established within 1 year, by Interior in consultation with State):
Allows U.S. persons divesting stakes in foreign critical mineral/rare earth operations to notify the government.
Provides assistance to find buyers not controlled by covered nations.

Strategy for Advanced Technologies (developed within 1 year, by Interior in consultation with Energy and others):
Plan to collaborate with U.S. allies on developing cutting-edge mining, refining, separation, processing, and recycling tech.
Method for sharing resulting intellectual property (IP) with allies to enable licensing and domestic resource use.
Annual progress reports to Congress starting 1 year after enactment.

Significant Changes to Existing Law

This bill introduces new requirements without directly amending prior laws. It builds on definitions from the Energy Act of 2020, defense code, and infrastructure law but adds mandatory biennial global resource reporting, a divestment assistance process, and a formal allied technology strategy—none of which existed before. It expands federal oversight of international mineral supply chains to address vulnerabilities not previously tracked in such detail.

Potential Impacts

Government Agencies: Increases workload for the Departments of Interior (lead), Energy, State, and Commerce in producing reports, strategies, and assistance programs; fosters interagency coordination on supply chain security.
Citizens and Businesses: U.S. persons and companies with foreign investments gain a formal channel for divestment support, potentially reducing risks from adversarial takeovers; promotes domestic tech innovation that could create jobs in mining and processing.
International Relations: Strengthens ties with U.S. allies through tech collaboration and IP sharing, while monitoring and countering influence by covered nations (e.g., China); could lead to diplomatic efforts for access to foreign resources but risks tensions if reports highlight adversarial actions.

Main Stakeholders Affected

U.S. Government Agencies: Interior, Energy, State, Commerce, and Defense (via consultations).
U.S. Businesses and Investors: Mining, processing, and recycling firms; U.S. persons with stakes in foreign operations benefiting from divestment aid.
Allied Nations and Entities: Partners (e.g., Australia, Canada) gaining from tech collaboration and IP sharing to develop their resources.
Foreign Entities: Covered nations and their controlled companies facing scrutiny; neutral or allied miners potentially partnering with the U.S.
Global Supply Chain Participants: Mines, recyclers, and tech developers worldwide, especially in resource-rich regions like Africa and South America.

Notable Legal, Constitutional, or Political Implications

Legal: Establishes enforceable reporting timelines and processes, with potential for classified elements raising transparency questions; relies on existing definitions to avoid new litigation but could prompt challenges if assistance to U.S. persons is seen as favoring certain investors.
Constitutional: Aligns with Congress's commerce and national security powers (e.g., Article I, Section 8); no direct conflicts with free speech or property rights, though IP sharing with allies might involve export control considerations under laws like the Export Administration Regulations.
Political: Bolsters U.S. efforts to reduce reliance on adversarial suppliers amid geopolitical tensions (e.g., over Taiwan or trade wars); bipartisan sponsorship signals broad support, but implementation could fuel debates on foreign policy interventionism or environmental impacts of expanded mining.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cornyn, John [R-TX]

Cosponsors (6)

Sen. Warner, Mark R. [D-VA], Sen. Young, Todd [R-IN], Sen. Hickenlooper, John W. [D-CO], Sen. King, Angus S., Jr. [I-ME], Sen. Lankford, James [R-OK], Sen. Coons, Christopher A. [D-DE]

Recent Actions

2026-06-10: Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
2025-03-12: Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 119-46.
2025-02-27: Read twice and referred to the Committee on Energy and Natural Resources.
2025-02-27: Introduced in Senate

Bill Versions

Critical Minerals Security Act of 2025 — issued 2025-02-27 — PDF (9 pages)