Section 1. Short title
This Act may be cited as the Securing Essential and Critical U.S. Resources and Elements Minerals Act of 2024 or SECURE Minerals Act of 2024.
Section 2. Findings
Congress finds the following:
(1) Critical minerals and materials are essential to the ongoing economic and national security of the United States, playing a vital role in manufacturing, transportation, medical, technology, defense, and energy sectors. The global demand for critical minerals and materials has been rapidly increasing due to advancements in technology—whether defense, dual-use, or commercial—and the increasing adoption of renewable energy sources and next-generation automative systems, all of which rely heavily on these minerals and materials for the production of batteries, solar panels, wind turbines, high-speed computing, advanced magnetic systems, and other high-tech applications.
(2) The People’s Republic of China currently controls a significant portion of the global supply chain for critical minerals and materials, including rare earth elements, through extensive mining, integrated midstream operations, significant domestic subsidies and incentives, and strategic investments in resource-rich countries. The PRC centrally controls its dominant market share across multiple critical mineral verticals. The PRC predatorily leverages its position as sponsor or consumer, as applicable, over mining projects globally, resulting in a dearth of feedstocks to the great detriment of downstream industries, regions, and countries, including the United States. The PRC’s integrated operations, subservient to the Chinese state, are calibrated to weaponize its influence over prices and volumes in the contest for access to critical minerals and materials, as well as the end-use components and applications produced from these minerals and materials. The PRC also acts to undercut efforts in the United States and allied nations to develop alternative sources of supply.
(3) The United States is heavily reliant on imports for many of the most critical minerals and materials, including rare earth elements, making the nation vulnerable to supply disruptions, geopolitical tensions, and economic manipulation by countries that dominate the market, specifically the PRC. The vulnerabilities to the nation’s defense industrial base posed by this reliance cannot be overstated. Given the long lead times in the mining sector as well as the adjacent processing of critical minerals, domestic critical minerals extraction projects are particularly susceptible to China-induced price shocks which can depress critical mineral prices for an extended period.
(4) Increasing domestic primary feedstock production, processing, conversion, recycling, reuse, and repurposing to advanced materials and products, as well as increasing alternative allied supply, is imperative to reduce the impact of market manipulation by foreign state actors, such as the PRC. The United States must ensure that a stable and secure supply chain of these essential resources is available to our domestic innovation and manufacturing ecosystems.
(5) Sustainable and responsible corporate behavior in companies’ operations and across their global value chains is important to ensuring a resilient domestic minerals supply.
(6) Investments in domestic extraction processing infrastructure, as well as reuse, repurposing, and recycling, are necessary to build a resilient and diversified supply chain for critical minerals and materials, supporting the economic growth and national security interests of the United States.
(7) Government support to develop and ensure the integrity of Western and allied markets for these critical minerals and materials as a countermeasure against the anti-competitive tactics of the PRC and their supply chain co-collaborators will fill the most acute strategic gap which cannot be otherwise achieved by private industry participants acting alone. To this end, we recommend establishing the Critical Mineral Reserve of the United States, also referred to herein as the Reserve.
(1) In general
There is established a trust with the name Critical Mineral Reserve of the United States, which shall—
(A) not be an agency or establishment of the United States Government;
(B) manage its assets in the manner set forth in this Act; and
(C) be a trust domiciled in the District of Columbia and, to the extent not inconsistent with this Act, be subject to the laws of the District of Columbia applicable to such trusts.
(2) Purpose
The purposes of the Reserve are—
(A) to support domestic and allied extraction, production, reuse, repurposing, and recycling of and capabilities and infrastructure with respect to critical minerals and materials;
(B) to stabilize, support, and protect sustainable prices of critical minerals and materials;
(C) to assist in maintaining balanced and adequate supplies of critical minerals and materials to the United States, as determined by the Board;
(D) to sustain access to and the supply of critical minerals and materials for the United States and any allied country; and
(E) to facilitate the orderly distribution of critical minerals and materials.
(A) In general
Not later than 1 year after the date of the enactment of this Act and annually thereafter, an independent qualified public accountant selected by the Board shall audit the financial statements of the Reserve, the results of which shall be made publicly available.
(B) Requirements
Each independent qualified public accountant selected by the Board to perform an audit under subparagraph (A) shall be—
(i) certified and licensed by a State board of accountancy;
(ii) independent of the Reserve and each authorized market maker in accordance with section 210.2–01 of title 17, Code of Federal Regulations; and
(iii) registered with the Public Company Accounting and Oversight Board.
(A) In general
The Reserve may bring a civil action in any court of competent jurisdiction against any person that—
(i) fails to comply with any contractual obligation or agreement made with the Reserve;
(ii) violates any provision of this Act; or
(iii) engages in any practice or activity that unlawfully impairs or interferes with the operations of the Reserve, including fraud, misrepresentation, or breach of contract.
(B) Award
In a civil action under this paragraph, the Reserve may seek—
(i) economic relief, including compensatory damages, restitution, interest, costs, and reasonable attorney’s fees;
(ii) temporary or permanent injunctive relief, including specific performance; and
(iii) such other equitable relief as a court determines appropriate.
(C) Statute of limitations
A civil action under this paragraph may not be brought later than 5 years after the date on which the cause of action accrues.
(5) Initial capitalization
There is appropriated, out of any amounts in the Treasury not otherwise appropriated, $2,500,000,000 to the Reserve for fiscal year 2025.
(1) In general
The Reserve shall, with respect to each critical mineral and material—
(A) support domestic and allied production, including sourcing from domestic and allied reuse, repurposing, and recycling; and
(B) to the maximum extent practicable, ensure that—
(i) at each stage of the supply chain, the production rate is equal to or greater than 40 percent; and
(ii) at each stage of the supply chain, the dependence rate is equal to or less than 60 percent; and
(C) prioritize—
(i) domestic projects and supply chains; and
(ii) projects where the dependence is 100 percent.
(A) In general
The Board shall determine the production rate and dependence rate with respect to each critical mineral and material.
(B) Use of data
In determining the production rate and dependence rate with respect to each critical mineral and material under subparagraph (A), the Board—
(i) shall use the proprietary dataset developed under section 5(a)(1);
(ii) may use—
(I) the Mineral Commodity Summaries published by the United States Geological Service; and
(II) data from any other source the Board determines to be of value under similar circumstances, including commercial data, whether such data is public or proprietary in nature; and
(iii) may solicit private industry for data and market information.
(3) Adjustment of production rate and dependence rate
The Board may annually adjust the production rate and the dependence rate with respect to each critical mineral and material, as initially established under paragraph (2)(A), by not more than 5 percent.
(c) Review
The Comptroller General of the United States shall carry out a biennial review the Reserve, including a review of—
(1) the most recent annual report submitted to the Speaker of the House of Representatives and the President of the Senate by the Reserve under section 7;
(2) the operations and functions of the Reserve as managed by the Board; and
(3) the performance of the Board in fulfilling the purposes and mandate of the Reserve.
(1) In general
The Reserve, in collaboration with the heads of Federal agencies in accordance with section 5(a)(7), shall establish a list of critical minerals and materials informed by the following:
(A) The list of critical minerals published by the United States Geological Survey pursuant to section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606(c)).
(B) The list of critical materials published by the Department of Energy pursuant to section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(C) The materials of interest designated as such by the Defense Logistics Agency.
(D) Each material with respect to which the President has made a determination under section 303(a)(5) of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(5)).
(E) Each material that is, or in the preceding 5 years was, a strategic or critical material for the purposes of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) pursuant to a determination by the President under section 3(a) of such Act (50 U.S.C. 98b(a)).
(2) Requirements
A mineral or material may only be included in the list of critical minerals and materials established by the Reserve under paragraph (1) if the mineral or material—
(A) is a non-fuel mineral or material;
(B) is essential to the economic and national security of the United States;
(C) has a high-risk supply chain; and
(D) is necessary—
(i) for the national defense and national security requirements;
(ii) for the energy infrastructure of the United States, including—
(I) pipelines;
(II) refining capacity;
(III) electrical power generation and transmission; and
(IV) renewable energy production;
(iii) to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, or transportation infrastructure; or
(iv) for the economic security of, and balance of trade in, the United States.
(3) Exclusions
A mineral or material may not be included in the list of critical minerals and materials established by the Reserve under paragraph (1) if the mineral or material is—
(A) oil, oil shale, natural gas, coal, or uranium;
(B) water, ice, or snow; or
(C) a common variety of sand, gravel, stone, pumice, cinders, or clay.
(4) Annual update
The Reserve shall publish and annually update the list of critical minerals and materials established under paragraph (1).
(e) Sunset
The Reserve shall terminate on the date that is 10 years after the date of the enactment of this Act.
(A) In general
Except as provided in paragraph (3)(D), the Board of Governors of the Reserve shall be composed of 7 members appointed by the President, by and with the advice and consent of the Senate.
(B) Initial appointments
Not later than 180 days after the date of the enactment of this Act, the President shall appoint each of the 7 members of the Board, including the Chairman, and the Board shall elect a Vice-Chairman from the members of the Board.
(2) Qualifications
To be eligible to be appointed as a member of the Board under paragraph (1), an individual—
(A) shall have substantial experience, training, and expertise in—
(i) the business and industry of a mineral or material described in section 3(d)(1); and
(ii) the oversight, management, or administration of financial instruments; and
(B) may not—
(i) have a direct or indirect financial interest in an authorized market maker or at-risk CMM; or
(ii) be closely related to someone with a direct financial interest in an authorized market maker or at-risk CMM.
(i) In general
An individual who is appointed as the Chairman under paragraph (1) shall serve for a single 5-year term.
(ii) Restriction
An individual who is appointed to serve a term as the Chairman of the Board under paragraph (1) may not serve any additional term on the Board after such term ends.
(i) In general
The Board shall elect a Vice-Chairman from the members of the Board who are not the Chairman for a single 2-year term.
(ii) Completion of term
An individual who is appointed to serve a term as the Vice-Chairman under clause (i) shall, after such term ends, serve as a member of the Board for the remainder of the term of such individual in accordance with subparagraph (C).
(iii) Substitute
The Vice-Chairman, subject to the supervision of the Board, shall serve as Interim Chairman in the absence of the Chairman.
(i) In general
Each member of the Board who is not the Chairman shall be appointed to a staggered single 6-year term.
(ii) Restriction
An individual who is appointed to serve a term as a member of the Board may only serve an additional term on the Board if the individual is appointed to serve as Chairman, regardless of whether the individual completes the term to which the individual is initially appointed.
(iii) Term length cap
An individual may not serve on the Board for more than 6 years except in accordance with subparagraph (E)(i).
(D) Vacancies
Not later than 6 months after the date on which a vacancy occurs on the Board, the President, by and with the advice and consent of the Senate, shall appoint a new member of the Board to fill such vacancy.
(i) In general
Upon the expiration of the term of a member of the Board, such member shall continue to serve as a member of the Board until the successor to such member is appointed and is confirmed.
(ii) Replacement order
Successors to members of the Board shall be appointed and confirmed in the order in which the members of the Board were appointed and confirmed.
(4) Tribal representation
At least 1 member of the Board shall be a member of a Tribe.
(1) In general
No individual who is a member of the Board may engage in any business, vocation, or employment other than that of serving as a member of the Board while such individual is a member of the Board.
(2) Rate of pay
The rate of basic pay for—
(A) the Chairman shall be equal to the rate of basic pay payable for level I of the Executive Schedule; and
(B) each member of the Board other than the Chairman may be set and adjusted by the Chairman.
(4) Benefits
The Chairman may provide additional compensation and benefits to employees of the Board in the same manner as compensation and benefits are provided under section 4802 of title 5, United States Code.
(c) Duties
The Board shall—
(1) manage the lending authority, contracts, operations, due diligence, and duties of the Reserve;
(2) oversee all authorized market makers and at-risk CMMs under this Act; and
(3) determine and prescribe the manner in which—
(A) the obligations of the Reserve shall be incurred; and
(B) the disbursements and expenses of the Reserve shall be allowed and paid.
(1) In general
The Chairman of the Board, the Vice-Chairman, acting as Interim Chairman in the absence of the Chairman in accordance with subsection (a)(3)(B)(iii), or a Chairman pro tempore elected by the members of the Board present at the meeting, in the absence of the Chairman and the Vice-Chairman, shall preside at each meeting of the Board.
(2) Quorum
4 of the members of the Board shall constitute a quorum.
(3) Closed meetings
The Board may close any meeting, or portion thereof, that concerns matters or information that pertains to national security.
(4) Minutes
Unless closed in accordance with paragraph (3), the minutes of each meeting of the Board shall be made publicly available.
(1) In general
During the period beginning on the date on which the term of a member of the Board begins and ending on the date that is 2 years after the date on which the term of such member ends, such member may not hold any ownership, office, position, including an advisory or consultant position, or other employment in or with an authorized market maker or with respect to an at-risk CMM.
(A) In general
If the Comptroller General of the United States finds that an individual described in paragraph (1) is in violation of that paragraph, such individual shall cure such violation not later than 30 days after the date on which such violation is found.
(B) Requirements to cure
To cure a violation of paragraph (1) as required under subparagraph (A), an individual shall, at a minimum—
(i) renounce any pecuniary gain associated with such violation; and
(ii) terminate each relationship that is the subject of such violation.
(3) Penalty for uncured violation
If the Comptroller General of the United States finds that an individual described in paragraph (1) is in violation of that paragraph and such individual does not cure such violation in accordance with paragraph (2) by the date described in subparagraph (A) of that paragraph or, as applicable, established by the Board under paragraph (4), such individual shall be deemed to have violated section 207(a)(2) of title 18, United States Code, and shall immediately be removed from the Board.
(4) Extension of cure period
The Board may extend the time provided under paragraph (2) for an individual described in paragraph (1) to cure a violation of that paragraph.
(f) Principal office
The principal office of the Board shall be located in the District of Columbia.
(a) In general
The Board shall annually submit to the President, the Comptroller General of the United States, the Director of the United States Office of Management and Budget, the Speaker of the House of Representatives and the President of the Senate, and the Speaker of the House of Representatives and the President of the Senate shall distribute to Congress, a report regarding the operations of the Reserve during the preceding year.
(b) Contents
Each report required under subsection (a)—
(1) shall include—
(A) information regarding the administration of the functions of the Board, including recommendations the Board determines appropriate;
(B) the assessment of the Board of the extent to which compliance with the requirements of this Act has been achieved;
(C) any changes to the maximum number of licensed authorized market makers under section 6(b)(3) that the Board recommends; and
(D) a summary of the loans made by the Board to authorized market makers during the preceding year; and
(2) may not be made publicly available.
Section 8. Definitions
In this Act:
(1) All-in sustaining cost
The term all-in sustaining cost means the cost to keep a producer of a critical mineral or material in business, expressed in terms of the cost per unit of payable production that can be readily compared to the relevant commodity price.
(2) Allied
The term allied, with respect to the markets or producers of a country, means the market or any producer of—
(A) a country with which the United States has entered into a mutual defense treaty or other mutual defense agreement;
(B) a country that is recognized by the Secretary of State and the Secretary of Defense as a strategic partner due to an established bilateral agreement that emphasizes mutual interests in security, defense, and critical mineral supply chains, including countries designated under United States strategic frameworks and agreements;
(C) a country with which the United States has entered into a comprehensive economic and trade agreement that includes provisions for the collaboration on critical mineral resources and to safeguard supply chains critical to national security and economic stability;
(D) a country with which the United States Geologic Survey has a memorandum of understanding concerning scientific and technical cooperation in earth sciences; or
(E) a country with which the United States Department of State is working to advance a critical mineral project under a partnership for global infrastructure and investment.
(3) At-risk CMM
The term at-risk CMM means a critical mineral or material that requires, according to the purposes and mandate of the Reserve, support within domestic and allied markets.
(5) Board
The term Board means the Board of Governors of the Reserve.
(6) Chairman
The term Chairman means the Chairman of the Board.
(7) Covered nation
The term covered nation has the meaning given the term in section 2533c(d) of title 10, United States Code.
(8) Critical mineral and material; critical mineral or material
The terms critical mineral and material and critical mineral or material mean a mineral and material or mineral or material, as applicable, included in the list of critical minerals and materials established by the Reserve under section 3(d).
(9) Dependence rate
The term dependence rate means the portion of domestic end-use consumption of a critical mineral or material that is supplied by production by a foreign entity of concern, in aggregate.
(10) Due diligence
The term due diligence means the degree of attention, continuous directed effort, and timeliness as may reasonably be expected from, and is ordinarily exercised by, a person during a regulatory review period.
(11) Foreign entity of concern
The term foreign entity of concern has the meaning given the term in section 40207(a)(5) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)(5)), except that subparagraph (C) of such section shall be applied for purposes of this paragraph as if it read as follows:
(i) owned, controlled, directed, financed, or otherwise influenced, directly or indirectly, in whole or in any part greater than 25 percent, by the government of a foreign country that is a covered nation (as defined in section 2533c of title 10, United States Code); or
(ii) otherwise subject to the jurisdiction or direction of a government of a foreign country that is a covered nation.
(12) PRC
The term PRC means the People’s Republic of China.
(13) Production rate
The term production rate means the portion of domestic end-use consumption of a critical mineral or material that is supplied by domestic and allied production, in aggregate.
(14) Purposes and mandate of the Reserve
The term purposes and mandate of the Reserve means the purposes of the Reserve described in section 3(a)(2) and the mandate of the Reserve described in section 3(b)(1).
(15) Recycling
The term recycling means an action or process to convert a critical mineral or material contained within a finished or semi-finished product into a form suitable for repurposing or reuse of such critical mineral or material.
(16) Repurposing
The term repurposing means any operation that results, in whole or in part, in a critical mineral or material being used for a different purpose or application than the one for which the critical mineral or material, or the product the critical mineral or material is manufactured into, was originally intended.
(17) Reserve
The term Reserve means the Critical Mineral Reserve of the United States established by section 3(a).
(18) Reuse
The term reuse means the complete or partial direct reuse of a critical mineral or material for the original purpose for which it was intended.
(19) Small business
The term small business has the meaning given the term small business concern under section 3 of the Small Business Act (15 U.S.C. 632).
(20) Tribe
The term Tribe has the meaning given the term Indian Tribe in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(21) Vice-Chairman
The term Vice-Chairman means the Vice-Chairman of the Board.