119-s2839

[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.
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