,,ii  #aaith ,,congress  #ast ,session  
,s4 #bhci  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #ag 
7legislative day1 ,september #af71      
#bjbe,ms4 ,cortez ,masto 7for herself   
and ,mr4 ,hagerty7 introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,finance 
,a ,,bill  ,to provide for the          
establishment of a ,critical ,minerals  
,security ,alliance1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,restoring ,american
 ,mineral ,security ,act of #bjbe4  #b4 
,sense of ,congress ,it is the sense of 
,congress that-- 7#a7 a reliable supply 
chain of critical minerals is essential 
to meet the defense1 manufacturing1 and 
energy needs of the ,united ,states2    
7#b7 as of the date of the enactment of 
this ,act1 the ,united ,states is       
heavily dependent on the ,people's      
,republic of ,china for the production  
and processing of many key critical     
minerals2  7#c7 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      
chain2  7#d7 the ,united ,states must   
use trade tools to combat those         
non-market policies and practices1 and  
the use of trade tools is most effective
 when undertaken in coordination with   
trading partners2 and  7#e7 by building 
an alliance of trusted trading partners1
 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       
industry4  #c4 ,definitions ,in this    
,act3 7#a7 ,appropriate congressional   
committees ,the term appropriate        
congressional committees means-- 7,a7   
the ,committee on ,finance of the       
,senate2 and  7,b7 the ,committee on    

,ways and ,means of the ,house of       
,representatives4  7#b7 ,critical       
mineral ,the term critical mineral means
 any mineral-- 7,a7 on the list of      
critical minerals required by paragraph 
7#c7 of section #gjjb7;c7 of the ,energy
 ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;c77
 on ,january #a1 #bjbf2 or  7,b7 added  
to that list after ,january #a1 #bjbf4  
7#c7 ,derivative product ,the term      
derivative product-- 7,a7 means a good  
that incorporates a critical mineral2   
and  7,b7 includes-- 7i7 a semi-finished
 good1 such as a semiconductor wafer1   
anode1 or cathode2 and  7ii7 a final    
product1 such as a permanent magnet1    
motor1 electric vehicle1 battery1       
smartphone1 microprocessor1 radar       
system1 wind turbine or a component of a
 wind turbine1 or advanced optical      
device4  7#d7 ,foreign country of       
concern ,the term foreign country of    
concern-- 7,a7 has the meaning given    
that term in section #iija of the       
,william ,m4 7,mac7 ,thornberry         

,national ,defense ,authorization ,act  
for ,fiscal ,year #bjba 7#ae ,u4,s4,c4  
#dfea72 and  7,b7 includes ,venezuela4  
7#e7 ,foreign entity of concern ,the    
term foreign entity of concern means an 
entity that is organized under the laws 
of1 or otherwise subject to the         
jurisdiction of1 a foreign country of   
concern4  7#f7 ,processed ,the term     
processed1 with respect to a critical   
mineral1 means the mineral has undergone
 the activities that occur after        
critical mineral ore is extracted from a
 mine up through its conversion into a  
metal1 metal powder1 or a master alloy4 
7#g7 ,select derivative product ,the    
term select derivative product means a  
permanent magnet1 a lithium-ion battery 
for an electrical vehicle1 a lithium-ion
 battery for a vehicle that is not an   
electrical vehicle1 or a part for a     
battery that is not a lithium-ion       
battery4  7#h7 ,trade ,representative   
,the term ,trade ,representative means  
the ,united ,states ,trade              

,representative4  #d4 ,critical         
,minerals ,security ,alliance  7a7      
,authorization for negotiations  7#a7   
,in general ,the ,trade ,representative 
may enter into negotiations with        
countries to enter into an alliance1 to 
be known as the ,critical ,minerals     
,security ,alliance 7in this section    
referred to as the ,alliance71 to       
establish a reliable supply chain of    
critical minerals4  7#b7 ,consultations 
,while conducting negotiations under    
paragraph 7#a71 the ,trade              
,representative shall consult with the  
,secretary of ,commerce1 the ,secretary 
of the ,treasury1 and the ,secretary of 
,state4  7b7 ,eligibility criteria ,a   
country is eligible to enter into the   
,alliance if the government of the      
country agrees-- 7#a7 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 products1
 respectively1 sourced from the         
,people's ,republic of ,china imposed by
 the ,united ,states pursuant to section
 #cja of the ,trade ,act of #aigd 7#ai  
,u4,s4,c4 #bdaa7 and in effect on       
,january #a1 #bjbf2  7#b7 to meet and   
participate in regular meetings of the  
,alliance2  7#c7 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       
,alliance2  7#d7 to eliminate duties on 
imports of mined and processed critical 
minerals and select derivative products 
from countries that are members of the  
,alliance 7other than antidumping and   
countervailing duties imposed under     
title ,,vii of the ,tariff ,act of #aicj
 7#ai ,u4,s4,c4 #afga et seq4772 and    
7#e7 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 ,alliance1 including      
actions-- 7,a7 to address the potential 
illicit shipment of critical minerals   
and derivative products1 specifically   
transshipment that is intended to       
circumvent duties1 evade customs        
enforcement1 or obfuscate the origin of 
products produced in whole or in part   
with forced labor2  7,b7 to establish or
 maintain robust investment screening   
mechanisms1 including for screening     
investments in entities that produce    
critical minerals and derivative        
products2 and  7,c7 to ensure effective 
trade remedies against imports of       
critical minerals and derivative        
products sourced from foreign countries 
of concern or foreign entities of       
concern4  7c7 ,engagement2              
implementation ,the ,trade              
,representative-- 7#a7 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 7b72 and  7#b7 
may allow such a country-- 7,a7 to phase
 in1 over a period of not more than #e  
years1 the increases in the rates of    
duty described in subsection 7b77#a72 or
  7,b7 instead of increases to such     
rates1 to adopt measures comparable to1 
or greater in effect than1 the trade    
remedies available under title ,,iii of 
the ,trade ,act of #aigd 7#ai ,u4,s4,c4 
#bdaa et seq471 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 concern4
  7d7 ,certifications of eligibility    
7#a7 ,in general ,if the ,trade         
,representative determines that a       
country complies with the eligibility   
criteria described in subsection 7b71   
the ,trade ,representative shall certify
 to the appropriate congressional       

committees that the country is eligible 
for admittance into the ,alliance4  7#b7
 ,notice ,the submission of a           
certification under paragraph 7#a7 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 7i74  7e7        
,negotiating objectives ,in conducting  
negotiations under subsection 7a7 for an
 agreement to establish the ,alliance1  
the ,trade ,representative shall include
 in the agreement provisions to         
establish a reliable supply chain for-- 
7#a7 not less than #ij percent of the   
critical minerals on the list required  
by section #gjjb7;c77#a7 of the ,energy 
,act of #bjbj 7#cj ,u4,s4,c4            
#afjf7;c77#a772 and  7#b7 #ajj percent  
of select derivative products4  7f7     
,entry into force ,an agreement for the 
admittance of a country into the        
,alliance may enter into force if-- 7#a7

 a joint resolution of approval is      
enacted into law under subsection 7i7   
after the submission of a certification 
that the country is eligible for        
admittance into the ,alliance under     
subsection 7d72 or  7#b7 a period of #ij
 days has elapsed after the submission  
of a certification that the country is  
eligible for admittance into the        
,alliance under subsection 7d7 and a    
joint resolution of disapproval is not  
enacted into law under subsection 7i7   
during that #ij-;day period4  7g7       
,duty-,free treatment after entry into  
force ,upon the entry into force of an  
agreement providing for the admittance  
of a country into the ,alliance1 mined  
and processed critical minerals and     
select derivative products imported from
 the country shall-- 7#a7 enter the     
,united ,states free of duty2 and  7#b7 
be exempt from any duties imposed under 
section #cja of the ,trade ,act of #aigd
 7#ai ,u4,s4,c4 #bdaa7 or section #bcb  
of the ,trade ,expansion ,act of #aifb  

7#ai ,u4,s4,c4 #ahfb7 on or after the   
date of entry into force of the         
agreement4  7h7 ,modifications to       
agreements ,a modification to an        
agreement providing for the admittance  
of a country into the ,alliance shall   
take effect if-- 7#a7 the ,trade        
,representative submits to the          
appropriate congressional committees    
notice of the intention of the ,trade   
,representative to agree to the         
modification2 and  7#b7 7,a7 a joint    
resolution of approval is enacted into  
law under subsection 7h7 after the      
submission of that notice2 or  7,b7 a   
period of #ij days has elapsed after the
 submission of that notice and a joint  
resolution of disapproval is not enacted
 into law under subsection 7h7 during   
that #ij-;day period4  7i7 ,joint       
resolutions  7#a7 ,definitions ,in this 
subsection3 7,a7 ,covered action ,the   
term covered action means-- 7i7 the     
entry into an agreement providing for   
the admittance of a country into the    

,alliance2 or  7ii7 a modification to   
such an agreement4  7,b7 ,covered joint 
resolution ,the term covered joint      
resolution means a joint resolution of  
approval or a joint resolution of       
disapproval4  7,c7 ,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 following3 ,that        
,congress approves the covered action   
relating to 1 notice of which was       
submitted to ,congress on  under section
 #d of the ,restoring ,american ,mineral
 ,security ,act of #bjbe41 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 date4  7,d7 ,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    
following3 ,that ,congress does not     
approve the covered action relating to 1

 notice of which was submitted to       
,congress on  under section #d of the   
,restoring ,american ,mineral ,security 
,act of #bjbe41 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 date4  7#b7            
,introduction ,a covered joint          
resolution may be introduced in the     
,senate or the ,house of                
,representatives by any ,member of the  
,senate or the ,house1 respectively4    
7#c7 ,consideration ,the provisions of  
subsections 7b7 through 7f7 of section  
#aeb of the ,trade ,act of #aigd 7#ai   
,u4,s4,c4 #baib7 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 #aeb4  7#d7   
,rules of senate and house of           
representatives ,this subsection is     
enacted by ,congress-- 7,a7 as an       
exercise of the rulemaking power of the 

,senate and the ,house of               
,representatives1 respectively1 and as  
such is deemed a part of the rules of   
each ,house1 respectively1 but          
applicable only with respect to the     
procedure to be followed in that ,house 
in the case of a joint resolution under 
this subsection1 and supersedes other   
rules only to the extent that it is     
inconsistent with such rules2 and  7,b7 
with full recognition of the            
constitutional right of either ,house to
 change the rules 7so far as relating to
 the procedure of that ,house7 at any   
time1 in the same manner1 and to the    
same extent as in the case of any other 
rule of that ,house4  7j7 ,reviews by   
,united ,states  7#a7 ,in general ,not  
later than #e years after the entry into
 force of the first agreement providing 
for the admittance of a country into the
 ,alliance1 and every #e years          
thereafter while the ,alliance remains  
in effect1 the ,trade ,representative1  
in consultation with the heads of       

relevant ,federal agencies1 shall-- 7,a7
 review the capacity of the ,united     
,states to extract and process critical 
minerals to determine whether it is     
appropriate to terminate or modify the  
,alliance2 and  7,b7 if commercially    
significant quantities of a critical    
mineral are produced in the ,united     
,states1 consider seeking the removal of
 that critical mineral from the products
 covered by the ,alliance4  7#b7 ,first 
review ,as part of the first review     
conducted under paragraph 7#a71 the     
,trade ,representative shall assess the 
feasibility and advisability of-- 7,a7  
expanding the scope of products covered 
by the ,alliance to include derivative  
products2 or  7,b7 otherwise expanding  
or restricting the scope of products    
covered by the ,alliance4  7#c7 ,review 
of duty rates ,as part of each review   
conducted under paragraph 7#a71 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 concern4  7k7 ,annual       
reports ,not later than one year after  
the date of the enactment of this ,act1 
and annually thereafter1 the ,trade     
,representative shall submit to the     
appropriate congressional committees a  
report that includes-- 7#a7 a           
description of engagement with countries
 that are trading partners under        
subsection 7c72  7#b7 with respect to   
each such country that the ,trade       
,representative determines does not meet
 the eligibility criteria under         
subsection 7b71 a detailed description  
of the deficiencies of the government of
 the country in complying with the      
criteria2 and  7#c7 the information     
provided by countries that are members  
of the ,alliance with respect to their  
capacity to extract and process critical
 minerals4  #e4 ,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 #d1 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  
#a1 #bjbf1 and applicable to such       
products sourced from the ,people's     
,republic of ,china pursuant to section 
#cja of the ,trade ,act of #aigd 7#ai   
,u4,s4,c4 #bdaa74  #f4 ,trust fund to   
support ,united ,states critical mineral
 mining and processing projects  7a7    
,establishment of trust fund ,there is  
established in the ,treasury of the     
,united ,states a trust fund1 consisting
 of-- 7#a7 amounts transferred to the   
trust fund under subsection 7b72 and    
7#b7 any amounts that may be credited to

 the trust fund under subsection 7c74   
7b7 ,transfer of amounts  7#a7 ,in      
general ,for the first fiscal year in   
which a country has been admitted to the
 ,critical ,minerals ,security ,alliance
 under section #d and each fiscal year  
thereafter during which the ,alliance   
remains in effect1 the ,secretary of the
 ,treasury shall transfer to the trust  
fund established under subsection 7a71  
from the general fund of the ,treasury1 
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 ,states4  7#b7 ,frequency of    
transfers ,the ,secretary shall transfer
 amounts required by paragraph 7#a7 to  
the trust fund established under        
subsection 7a7 not less frequently than 
quarterly4  7c7 ,investment of amounts  
7#a7 ,investment of amounts ,the        
,secretary shall invest such portion of 
the trust fund established under        

subsection 7a7 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 ,states4  7#b7  
,interest and proceeds ,the interest on1
 and the proceeds from the sale or      
redemption of1 any obligations held in  
the trust fund established under        
subsection 7a7 shall be credited to and 
form a part of the trust fund4  7d7     
,availability of amounts in trust fund  
7#a7 ,in general ,amounts in the trust  
fund established under subsection 7a7   
shall be available1 without further     
appropriation1 as follows3 7,a7 #fj     
percent of such amounts shall be        
available to the ,loan ,programs ,office
 of the ,department of ,energy for      
activities to support projects relating 
to-- 7i7 mining or processing critical  
minerals2 or  7ii7 manufacturing of     
select derivative products4  7,b7 #bj   
percent of such amounts shall be        

available to the ,department of ,defense
 for activities to support projects     
relating to-- 7i7 mining or processing  
critical minerals2 or  7ii7             
manufacturing of select derivative      
products4  7,c7 #bj 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 ,alliance4  7#b7 ,rule of        
construction ,nothing in this subsection
 precludes a person from seeking support
 for a project under both subparagraphs 
7,a7 and 7,b7 of paragraph 7#a74  7e7   
,exception from certain limitation under
 ,,build ,act of #bjah  7#a7 ,in general
 ,for purposes of providing support for 
projects under subsection 7d77#b7-- 7,a7
 the ,united ,states ,international     
,development ,finance ,corporation may  
provide support for projects in         
countries with upper-middle-income      
economies or high-income economies 7as  

those terms are defined by the ,world   
,bank72  7,b7 the restriction under     
section #adab7;c77#b7 of the ,better    
,utilization of ,investments ,leading to
 ,development ,act of #bjah 7#bb        
,u4,s4,c4 #ifab7;c77#b77 shall not      
apply2 and  7,c7 the ,corporation shall 
restrict the provision of such support  
in a country described in subparagraph  
7,a7 unless the ,president certifies to 
the appropriate committees of ,congress 
that-- 7i7 such support furthers the    
national economic or foreign policy     
interests of the ,united ,states2  7ii7 
such support is-- 7,i7 designed to      
produce significant developmental       
outcomes or provide developmental       
benefits to the poorest population of   
that country2 or  7,,ii7 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 ,states2 
and  7iii7 7,i7 a ,united ,states entity
 is participating in the project for    
which the support is provided2 or       
7,,ii7 not less than #ej 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 entities4  7#b7       
,definitions ,in this subsection3 7,a7  
,appropriate committees of ,congress    
,the term appropriate committees of     
,congress means-- 7i7 the ,committee on 
,foreign ,relations and the ,committee  
on ,finance of the ,senate2 and  7ii7   
the ,committee on ,foreign ,affairs and 
the ,committee on ,ways and ,means of   
the ,house of ,representatives4  7,b7   
,less developed country ,the term less  
developed country has the meaning given 
that term in section #adjb of the       
,better ,utilization of ,investments    
,leading to ,development ,act of #bjah  
7#bb ,u4,s4,c4 #ifja74  7,c7 ,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 ,states4