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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2839 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2839
To provide for the establishment of a Critical Minerals Security
Alliance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 17 (legislative day, September 16), 2025
Ms. Cortez Masto (for herself and Mr. Hagerty) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide for the establishment of a Critical Minerals Security
Alliance, and for other purposes.
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 ``Restoring American Mineral Security
Act of 2025''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) a reliable supply chain of critical minerals is
essential to meet the defense, manufacturing, and energy needs
of the United States;
(2) as of the date of the enactment of this Act, the United
States is heavily dependent on the People's Republic of China
for the production and processing of many key critical
minerals;
(3) the Government of the People's Republic of China has
displayed a willingness to weaponize its dominance of critical
mineral production and has intentionally created overcapacity
and sold products at below-market rates in order to gain market
share and move up the value chain;
(4) the United States must use trade tools to combat those
non-market policies and practices, and the use of trade tools
is most effective when undertaken in coordination with trading
partners; and
(5) by building an alliance of trusted trading partners,
the United States can combat the oversupply and market
manipulation of the People's Republic of China and promote the
growth of a robust domestic United States critical minerals
industry.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance of the Senate; and
(B) the Committee on Ways and Means of the House of
Representatives.
(2) Critical mineral.--The term ``critical mineral'' means
any mineral--
(A) on the list of critical minerals required by
paragraph (3) of section 7002(c) of the Energy Act of
2020 (30 U.S.C. 1606(c)) on January 1, 2026; or
(B) added to that list after January 1, 2026.
(3) Derivative product.--The term ``derivative product''--
(A) means a good that incorporates a critical
mineral; and
(B) includes--
(i) a semi-finished good, such as a
semiconductor wafer, anode, or cathode; and
(ii) a final product, such as a permanent
magnet, motor, electric vehicle, battery,
smartphone, microprocessor, radar system, wind
turbine or a component of a wind turbine, or
advanced optical device.
(4) Foreign country of concern.--The term ``foreign country
of concern''--
(A) has the meaning given that term in section 9901
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C.
4651); and
(B) includes Venezuela.
(5) Foreign entity of concern.--The term ``foreign entity
of concern'' means an entity that is organized under the laws
of, or otherwise subject to the jurisdiction of, a foreign
country of concern.
(6) Processed.--The term ``processed'', with respect to a
critical mineral, means the mineral has undergone the
activities that occur after critical mineral ore is extracted
from a mine up through its conversion into a metal, metal
powder, or a master alloy.
(7) Select derivative product.--The term ``select
derivative product'' means a permanent magnet, a lithium-ion
battery for an electrical vehicle, a lithium-ion battery for a
vehicle that is not an electrical vehicle, or a part for a
battery that is not a lithium-ion battery.
(8) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
SEC. 4. CRITICAL MINERALS SECURITY ALLIANCE.
(a) Authorization for Negotiations.--
(1) In general.--The Trade Representative may enter into
negotiations with countries to enter into an alliance, to be
known as the ``Critical Minerals Security Alliance'' (in this
section referred to as the ``Alliance''), to establish a
reliable supply chain of critical minerals.
(2) Consultations.--While conducting negotiations under
paragraph (1), the Trade Representative shall consult with the
Secretary of Commerce, the Secretary of the Treasury, and the
Secretary of State.
(b) Eligibility Criteria.--A country is eligible to enter into the
Alliance if the government of the country agrees--
(1) to increase the rates of duty the country charges for
mined and processed critical minerals and select derivative
products sourced from foreign countries of concern and foreign
entities of concern to rates that are not less than the rates
of duty for mined and processed critical minerals and select
derivative products, respectively, sourced from the People's
Republic of China imposed by the United States pursuant to
section 301 of the Trade Act of 1974 (19 U.S.C. 2411) and in
effect on January 1, 2026;
(2) to meet and participate in regular meetings of the
Alliance;
(3) to continually review the capacity of the country to
extract and process critical minerals and share the results of
those reviews with other countries that are members of the
Alliance;
(4) to eliminate duties on imports of mined and processed
critical minerals and select derivative products from countries
that are members of the Alliance (other than antidumping and
countervailing duties imposed under title VII of the Tariff Act
of 1930 (19 U.S.C. 1671 et seq.)); and
(5) to take actions that are complementary to the actions
of the United States to address unfair trade policies of a
country that is not a member of the Alliance, including
actions--
(A) to address the potential illicit shipment of
critical minerals and derivative products, specifically
transshipment that is intended to circumvent duties,
evade customs enforcement, or obfuscate the origin of
products produced in whole or in part with forced
labor;
(B) to establish or maintain robust investment
screening mechanisms, including for screening
investments in entities that produce critical minerals
and derivative products; and
(C) to ensure effective trade remedies against
imports of critical minerals and derivative products
sourced from foreign countries of concern or foreign
entities of concern.
(c) Engagement; Implementation.--The Trade Representative--
(1) shall engage with countries that are trading partners
of the United States and encourage those countries to take the
measures necessary to comply with the eligibility criteria
described in subsection (b); and
(2) may allow such a country--
(A) to phase in, over a period of not more than 5
years, the increases in the rates of duty described in
subsection (b)(1); or
(B) instead of increases to such rates, to adopt
measures comparable to, or greater in effect than, the
trade remedies available under title III of the Trade
Act of 1974 (19 U.S.C. 2411 et seq.), such as
prohibitions or quotas on the importation into the
country of mined and processed critical minerals and
select derivative products sourced from foreign
countries of concern and foreign entities of concern.
(d) Certifications of Eligibility.--
(1) In general.--If the Trade Representative determines
that a country complies with the eligibility criteria described
in subsection (b), the Trade Representative shall certify to
the appropriate congressional committees that the country is
eligible for admittance into the Alliance.
(2) Notice.--The submission of a certification under
paragraph (1) with respect to a country shall be considered
notice of the intention of the Trade Representative to enter
into an agreement providing for the admittance of the country
in the Alliance for purposes of subsection (i).
(e) Negotiating Objectives.--In conducting negotiations under
subsection (a) for an agreement to establish the Alliance, the Trade
Representative shall include in the agreement provisions to establish a
reliable supply chain for--
(1) not less than 90 percent of the critical minerals on
the list required by section 7002(c)(1) of the Energy Act of
2020 (30 U.S.C. 1606(c)(1)); and
(2) 100 percent of select derivative products.
(f) Entry Into Force.--An agreement for the admittance of a country
into the Alliance may enter into force if--
(1) a joint resolution of approval is enacted into law
under subsection (i) after the submission of a certification
that the country is eligible for admittance into the Alliance
under subsection (d); or
(2) a period of 90 days has elapsed after the submission of
a certification that the country is eligible for admittance
into the Alliance under subsection (d) and a joint resolution
of disapproval is not enacted into law under subsection (i)
during that 90-day period.
(g) Duty-Free Treatment After Entry Into Force.--Upon the entry
into force of an agreement providing for the admittance of a country
into the Alliance, mined and processed critical minerals and select
derivative products imported from the country shall--
(1) enter the United States free of duty; and
(2) be exempt from any duties imposed under section 301 of
the Trade Act of 1974 (19 U.S.C. 2411) or section 232 of the
Trade Expansion Act of 1962 (19 U.S.C. 1862) on or after the
date of entry into force of the agreement.
(h) Modifications to Agreements.--A modification to an agreement
providing for the admittance of a country into the Alliance shall take
effect if--
(1) the Trade Representative submits to the appropriate
congressional committees notice of the intention of the Trade
Representative to agree to the modification; and
(2)(A) a joint resolution of approval is enacted into law
under subsection (h) after the submission of that notice; or
(B) a period of 90 days has elapsed after the submission of
that notice and a joint resolution of disapproval is not
enacted into law under subsection (h) during that 90-day
period.
(i) Joint Resolutions.--
(1) Definitions.--In this subsection:
(A) Covered action.--The term ``covered action''
means--
(i) the entry into an agreement providing
for the admittance of a country into the
Alliance; or
(ii) a modification to such an agreement.
(B) Covered joint resolution.--The term ``covered
joint resolution'' means a joint resolution of approval
or a joint resolution of disapproval.
(C) Joint resolution of approval.--The term ``joint
resolution of approval'' means a joint resolution the
sole matter after the resolving clause of which is the
following: ``That Congress approves the covered action
relating to ___, notice of which was submitted to
Congress on __ under section 4 of the Restoring
American Mineral Security Act of 2025.'', with the
first blank space being filled with a brief description
of the covered action and the second blank space being
filled with the appropriate date.
(D) Joint resolution of disapproval.--The term
``joint resolution of disapproval'' means a joint
resolution the sole matter after the resolving clause
of which is the following: ``That Congress does not
approve the covered action relating to ___, notice of
which was submitted to Congress on __ under section 4
of the Restoring American Mineral Security Act of
2025.'', with the first blank space being filled with a
brief description of the covered action and the second
blank space being filled with the appropriate date.
(2) Introduction.--A covered joint resolution may be
introduced in the Senate or the House of Representatives by any
Member of the Senate or the House, respectively.
(3) Consideration.--The provisions of subsections (b)
through (f) of section 152 of the Trade Act of 1974 (19 U.S.C.
2192) shall apply to a covered joint resolution to the same
extent and in the same manner as such subsections apply to
resolutions described in such section 152.
(4) Rules of senate and house of representatives.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of a joint resolution under this subsection, and
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(j) Reviews by United States.--
(1) In general.--Not later than 5 years after the entry
into force of the first agreement providing for the admittance
of a country into the Alliance, and every 5 years thereafter
while the Alliance remains in effect, the Trade Representative,
in consultation with the heads of relevant Federal agencies,
shall--
(A) review the capacity of the United States to
extract and process critical minerals to determine
whether it is appropriate to terminate or modify the
Alliance; and
(B) if commercially significant quantities of a
critical mineral are produced in the United States,
consider seeking the removal of that critical mineral
from the products covered by the Alliance.
(2) First review.--As part of the first review conducted
under paragraph (1), the Trade Representative shall assess the
feasibility and advisability of--
(A) expanding the scope of products covered by the
Alliance to include derivative products; or
(B) otherwise expanding or restricting the scope of
products covered by the Alliance.
(3) Review of duty rates.--As part of each review conducted
under paragraph (1), the Trade Representative shall assess
whether countries that are members of the Alliance should
adjust the rates of duty imposed on mined and processed
critical minerals that are sourced from foreign countries of
concern or foreign entities of concern.
(k) Annual Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Trade
Representative shall submit to the appropriate congressional committees
a report that includes--
(1) a description of engagement with countries that are
trading partners under subsection (c);
(2) with respect to each such country that the Trade
Representative determines does not meet the eligibility
criteria under subsection (b), a detailed description of the
deficiencies of the government of the country in complying with
the criteria; and
(3) the information provided by countries that are members
of the Alliance with respect to their capacity to extract and
process critical minerals.
SEC. 5. INCREASE IN DUTIES ON IMPORTS OF MINED AND PROCESSED CRITICAL
MINERALS AND SELECT DERIVATIVE PRODUCTS FROM FOREIGN
COUNTRIES AND ENTITIES OF CONCERN.
Upon the entry into force of the first agreement providing for the
admittance of a country into the Alliance under section 4, mined and
processed critical minerals and select derivative products imported
into the United States and sourced from a foreign country of concern or
foreign entity of concern shall be subject to the rate of duty in
effect on January 1, 2026, and applicable to such products sourced from
the People's Republic of China pursuant to section 301 of the Trade Act
of 1974 (19 U.S.C. 2411).
SEC. 6. TRUST FUND TO SUPPORT UNITED STATES CRITICAL MINERAL MINING AND
PROCESSING PROJECTS.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund, consisting of--
(1) amounts transferred to the trust fund under subsection
(b); and
(2) any amounts that may be credited to the trust fund
under subsection (c).
(b) Transfer of Amounts.--
(1) In general.--For the first fiscal year in which a
country has been admitted to the Critical Minerals Security
Alliance under section 4 and each fiscal year thereafter during
which the Alliance remains in effect, the Secretary of the
Treasury shall transfer to the trust fund established under
subsection (a), from the general fund of the Treasury, an
amount equivalent to the amount received into the general fund
during that fiscal year and attributable to duties collected on
mined and processed critical minerals imported into the United
States.
(2) Frequency of transfers.--The Secretary shall transfer
amounts required by paragraph (1) to the trust fund established
under subsection (a) not less frequently than quarterly.
(c) Investment of Amounts.--
(1) Investment of amounts.--The Secretary shall invest such
portion of the trust fund established under subsection (a) as
is not required to meet current withdrawals in interest-bearing
obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
(2) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the trust fund established under subsection (a) shall be
credited to and form a part of the trust fund.
(d) Availability of Amounts in Trust Fund.--
(1) In general.--Amounts in the trust fund established
under subsection (a) shall be available, without further
appropriation, as follows:
(A) 60 percent of such amounts shall be available
to the Loan Programs Office of the Department of Energy
for activities to support projects relating to--
(i) mining or processing critical minerals;
or
(ii) manufacturing of select derivative
products.
(B) 20 percent of such amounts shall be available
to the Department of Defense for activities to support
projects relating to--
(i) mining or processing critical minerals;
or
(ii) manufacturing of select derivative
products.
(C) 20 percent of such amounts shall be available
to the United States International Development Finance
Corporation to support international critical mineral
projects in countries that are members of the Alliance.
(2) Rule of construction.--Nothing in this subsection
precludes a person from seeking support for a project under
both subparagraphs (A) and (B) of paragraph (1).
(e) Exception From Certain Limitation Under BUILD Act of 2018.--
(1) In general.--For purposes of providing support for
projects under subsection (d)(2)--
(A) the United States International Development
Finance Corporation may provide support for projects in
countries with upper-middle-income economies or high-
income economies (as those terms are defined by the
World Bank);
(B) the restriction under section 1412(c)(2) of the
Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9612(c)(2)) shall
not apply; and
(C) the Corporation shall restrict the provision of
such support in a country described in subparagraph (A)
unless the President certifies to the appropriate
committees of Congress that--
(i) such support furthers the national
economic or foreign policy interests of the
United States;
(ii) such support is--
(I) designed to produce significant
developmental outcomes or provide
developmental benefits to the poorest
population of that country; or
(II) necessary to preempt or
counter efforts by a strategic
competitor of the United States to
secure significant political or
economic leverage or acquire national
security-sensitive technologies or
infrastructure in a country that is an
ally or partner of the United States;
and
(iii)(I) a United States entity is
participating in the project for which the
support is provided; or
(II) not less than 50 percent of the
critical minerals produced by the project will
be offered for sale to the Department of
Defense and United States entities before being
offered for sale to other entities.
(2) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committee on Foreign Relations and
the Committee on Finance of the Senate; and
(ii) the Committee on Foreign Affairs and
the Committee on Ways and Means of the House of
Representatives.
(B) Less developed country.--The term ``less
developed country'' has the meaning given that term in
section 1402 of the Better Utilization of Investments
Leading to Development Act of 2018 (22 U.S.C. 9601).
(C) United states entity.--The term ``United States
entity'' means an entity organized under the laws of
the United States or any jurisdiction within the United
States.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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