Sec. 4. Critical Minerals Security Alliance
1,739 words·~8 min read·
/bill/119/hr/6696/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. While conducting negotiations pursuant to paragraph (1), the Trade Representative shall consult with the Secretary of Commerce, the Secretary of the Treasury, the Secretary of State, and the appropriate congressional committees.
A country is eligible to enter into the Alliance if the government of the country— either— increases the rates of duty the country charges for mined and processed critical minerals and select derivative products sourced from foreign countries 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; agrees to increase the rates of duty described in subparagraph
(A)to the rates required in such subparagraph over a period of not more than 5 years; or adopts 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. agrees to meet and participate in regular meetings of the Alliance; commits 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; eliminates duties on imports of mined and processed critical minerals and select derivative products from countries that are members of the Alliance, other than excluded duties; takes 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 to screen investments in entities that produce critical minerals and derivative products, that are at least as effective as the national security reviews and investigations required under section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ); and to ensure effective trade remedies against imports of critical minerals and derivative products sourced from a foreign country of concern or a foreign entity of concern; works with the United States to establish a mechanism to address shared threats to members of the Alliance from investments by foreign countries of concern; engages in discussions with the United States regarding trade and ways to promote and protect the economic security of the Alliance in sectors other than critical minerals; and coordinates with the United States to enact or maintain policies to impose rates of duty as specified in paragraph (1)(A) on mined and processed critical minerals and select derivative products that are sourced from foreign entities of concern. The Trade Representative shall engage with countries that trade with the United States of the United States and encourage such countries to take the measures necessary to comply with the eligibility criteria described in subsection (b). If the Trade Representative determines that a country complies with the eligibility criteria described in subsection (b), the Trade Representative shall submit to the appropriate congressional committees— a certification that the country is eligible for admittance into the Alliance; and a report describing— the compliance of such country with respect to the eligibility criteria described in subsection (b); and the critical minerals sector of such country. 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). In conducting negotiations under subsection (a), the Trade Representative shall seek 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 ( 30 U.S.C. 1606(c)(1) ); and 100 percent of select derivative products. An agreement providing 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. 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, except for excluded duties; and 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. 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 a joint resolution of approval is enacted into law under subsection
(i)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
(i)during that 90-day period. In this subsection: The term covered action means— the entry into an agreement providing for the admittance of a country into the Alliance; or a modification to such an agreement. The term covered joint resolution means a joint resolution of approval or a joint resolution of disapproval. 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. 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. 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. 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. 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. Not later than 3 years after the entry into force of the first agreement providing for the admittance of a country into the Alliance, and every 3 years thereafter while the Alliance remains in effect, the Trade Representative, in consultation with the heads of relevant Federal agencies and appropriate congressional committees, shall— 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. 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. 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. 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 trade with the United States under subsection (c); with respect to each trading partner that the Trade Representative determines does not meet the criteria 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 the capacities of such countries to extract and process critical minerals.
Connectionstraces to 5
Citation graph
cites case law
Sec. 4
Critical Minerals Security Alliance
Cites 5Cited by 0 across 0 sources