S. 2839

119th CONGRESS 1st Session

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 · Sponsor: Ms. Cortez Masto · Committee: Committee on Finance

S. 2839

SEC. 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—
- a reliable supply chain of critical minerals is essential to meet the defense, manufacturing, and energy needs of the United States;
- 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;
- 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;
- 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
- 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:
- The term appropriate congressional committees means—
- The term critical mineral means any mineral—
- The term — derivative product
- The term — foreign country 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.
- The term , 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. processed
- 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.
- 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 (in this section referred to as the ), to establish a reliable supply chain of critical minerals. Critical Minerals Security Alliance``
- (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—
  - 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 () and in effect on January 1, 2026; 19 U.S.C. 2411
  - to meet and participate in regular meetings of the Alliance;
  - 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;
  - 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 ()); and 19 U.S.C. 1671 et seq.
  - 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—
    - 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;
    - to establish or maintain robust investment screening mechanisms, including for screening investments in entities that produce critical minerals and derivative products; and
    - 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—
  - 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
  - may allow such a country—
    - 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
    - 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 (), 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. 19 U.S.C. 2411 et seq.
(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—
  - not less than 90 percent of the critical minerals on the list required by section 7002(c)(1) of the Energy Act of 2020 (); and 30 U.S.C. 1606(c)(1)
  - 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—
  - 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
  - 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—
  - enter the United States free of duty; and
  - be exempt from any duties imposed under section 301 of the Trade Act of 1974 () or section 232 of the Trade Expansion Act of 1962 () on or after the date of entry into force of the agreement. 19 U.S.C. 2411; 19 U.S.C. 1862
(h) Modifications to agreements
- A modification to an agreement providing for the admittance of a country into the Alliance shall take effect if—
  - 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 joint resolution of approval is enacted into law under subsection (h) after the submission of that notice; or
  - 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:
  - Definitions
  - (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.
    - Covered joint resolution
  - (C) Joint resolution of approval
    - The term means a joint resolution the sole matter after the resolving clause of which is the following: , 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 Restoring American Mineral Security Act of 2025.
  - (D) Joint resolution of disapproval
    - The term means a joint resolution the sole matter after the resolving clause of which is the following: , 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 Restoring American Mineral Security Act of 2025.
- (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 () 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. 19 U.S.C. 2192
- (4) Rules of senate and house of representatives
  - This subsection is enacted by Congress—
    - 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
    - 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—
  - In general
    - 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
    - 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—
    - expanding the scope of products covered by the Alliance to include derivative products; or
    - 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—
  - a description of engagement with countries that are trading partners under subsection (c);
  - 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
  - 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

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—
  - amounts transferred to the trust fund under subsection (b); and
  - 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:
    - 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.
    - 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.
    - 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
- Exception from certain limitation under BUILD Act of 2018
- (1) In general
  - For purposes of providing support for projects under subsection (d)(2)—
    - 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);
    - the restriction under section 1412(c)(2) of the Better Utilization of Investments Leading to Development Act of 2018 () shall not apply; and 22 U.S.C. 9612(c)(2)
    - 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—
      - designed to produce significant developmental outcomes or provide developmental benefits to the poorest population of that country; or
      - 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)
      - a United States entity is participating in the project for which the support is provided; or
      - 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.