S. 2839

119 S2839 IS: Restoring American Mineral Security Act of 2025
 U.S. Senate
 2025-09-17
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 2839  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.
1.
Short title
This Act may be cited as the   Restoring American Mineral Security Act of 2025  .
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.
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.
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.
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 ).
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.