II
119THCONGRESS
1
STSESSION S. 429
To enhance the economic and national security of the United States by
securing a reliable supply of critical minerals and rare earth elements
through trade agreements and strategic partnerships.
IN THE SENATE OF THE UNITED STATES
FEBRUARY5, 2025
Mr. Y
OUNG(for himself, Mr. COONS, Mr. CORNYN, and Mr. HICKENLOOPER)
introduced the following bill; which was read twice and referred to the
Committee on Finance
A BILL
To enhance the economic and national security of the United
States by securing a reliable supply of critical minerals
and rare earth elements through trade agreements and
strategic partnerships.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Securing Trade and 4
Resources for Advanced Technology, Economic Growth, 5
and International Commerce in Minerals Act’’ or ‘‘STRA-6
TEGIC Minerals Act’’. 7
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SEC. 2. DEFINITIONS. 1
In this Act: 2
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -3
TEES.—The term ‘‘appropriate congressional com-4
mittees’’ means— 5
(A) the Committee on Finance of the Sen-6
ate; and 7
(B) the Committee on Ways and Means of 8
the House of Representatives. 9
(2) C
OUNTRY.—The term ‘‘country’’ means— 10
(A) any foreign country or territory, in-11
cluding any overseas dependent territory or pos-12
session of a foreign country; and 13
(B) the Trust Territory of the Pacific Is-14
lands. 15
(3) C
OVERED FREE TRADE AGREEMENT .—The 16
term ‘‘covered free trade agreement’’ means an 17
agreement with one or more countries that— 18
(A) exclusively focuses on the critical min-19
erals and rare earth elements sector; 20
(B) reduces barriers to trade among the 21
parties to the agreement; 22
(C) includes enforceable provisions to pre-23
vent any foreign entity of concern from gaining 24
any benefit from the agreement; and 25
(D) is approved by Congress. 26
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(4) CRITICAL MINERAL.—The term ‘‘critical 1
mineral’’ has the meaning given that term in section 2
7002(a) of the Energy Act of 2020 (30 U.S.C. 3
1606(a)). 4
(5) F
OREIGN ENTITY OF CONCERN .—The term 5
‘‘foreign entity of concern’’ has the meaning given 6
that term in section 40207 of the Infrastructure In-7
vestment and Jobs Act (42 U.S.C. 18741). 8
(6) R
ARE EARTH ELEMENT .—The term ‘‘rare 9
earth element’’ means cerium, dysprosium, erbium, 10
europium, gadolinium, holmium, lanthanum, lute-11
tium, neodymium, praseodymium, promethium, sa-12
marium, scandium, terbium, thulium, ytterbium, or 13
yttrium. 14
(7) T
RADE REPRESENTATIVE .—The term 15
‘‘Trade Representative’’ means the United States 16
Trade Representative. 17
SEC. 3. BRIEFING ON COVERED FREE TRADE AGREEMENTS. 18
(a) I
NGENERAL.—Not later than 120 days after the 19
date of the enactment of this Act, the Trade Representa-20
tive, in consultation with the Secretary of State, the Sec-21
retary of Defense, the Secretary of Energy, and the Sec-22
retary of the Interior, as appropriate, shall provide to the 23
appropriate congressional committees a classified briefing 24
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on the feasibility and advisability of pursuing and adopt-1
ing covered free trade agreements. 2
(b) E
LEMENTS.—The briefing required by subsection 3
(a) shall include— 4
(1) an analysis of the most appropriate types of 5
agreements (bilateral, plurilateral, or multilateral) 6
for achieving the negotiating objectives set forth in 7
section 4(d), including considerations of economic 8
impact, strategic partnerships, negotiation feasi-9
bility, and national security implications; 10
(2) recommendations for which type or types of 11
agreements are most needed to effectively secure 12
critical minerals and rare earth elements supply 13
chains in alignment with the national security and 14
economic interests of the United States; and 15
(3) an assessment of potential challenges and 16
proposed solutions in pursuing the recommended 17
type or types of agreement, including legal, regu-18
latory, and geopolitical considerations. 19
SEC. 4. NEGOTIATING AND TRADE AGREEMENTS AUTHOR-20
ITY FOR COVERED FREE TRADE AGREE-21
MENTS. 22
(a) A
UTHORITYTONEGOTIATE AND ENTERINTO 23
A
GREEMENTS.— 24
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(1) IN GENERAL.—In order to enhance the eco-1
nomic well-being, national security, and economic 2
competitiveness of the United States, the President, 3
acting through the Trade Representative, may nego-4
tiate, enter into, and enforce a covered free trade 5
agreement when the President determines that it is 6
in the national interest to do so. 7
(2) L
IMITATION.—The President may not ini-8
tiate negotiations for a covered free trade agreement 9
under paragraph (1) until the date on which the 10
Trade Representative provides the briefing required 11
by section 3(a) to the appropriate congressional 12
committees. 13
(b) M
ODIFICATIONSPERMITTED.—The President 14
may proclaim such modification or continuance of any ex-15
isting duty, or such continuance of existing duty-free or 16
excise treatment, as the President determines to be re-17
quired or appropriate to carry out a covered free trade 18
agreement entered into under subsection (a)(1). 19
(c) N
EGOTIATINGOBJECTIVES.— 20
(1) O
VERALL NEGOTIATING OBJECTIVES .—The 21
negotiating objectives of the United States for a cov-22
ered free trade agreement are— 23
(A) to strengthen supply chains of critical 24
minerals and rare earth elements; 25
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(B) to reduce or eliminate barriers and dis-1
tortions that inhibit to trade and investment in 2
critical minerals and rare earth elements; 3
(C) to strengthen international trade and 4
investment disciplines and procedures specific 5
to critical minerals and rare earth elements, in-6
cluding effective dispute settlement mecha-7
nisms; 8
(D) to foster economic growth, raise living 9
standards, enhance the competitiveness of the 10
United States, promote full employment, and 11
contribute to the global economy through the 12
development and trade of critical minerals and 13
rare earth elements; 14
(E) to promote policies that advance sus-15
tainable practices and circularity in the produc-16
tion and processing of critical minerals and rare 17
earth elements; 18
(F) to encourage the development and 19
adoption of innovative technologies and prac-20
tices that optimize the use of critical resources; 21
(G) to promote respect for worker rights 22
and the rights of children consistent with core 23
labor standards only as stated in the Inter-24
national Labour Organization Declaration on 25
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Fundamental Principles and Rights at Work 1
and its Follow-Up (1998) and an understanding 2
of the relationship between trade and worker 3
rights; 4
(H) to seek provisions in the agreement 5
under which parties ensure they do not weaken 6
or reduce the protections afforded in domestic 7
environmental and labor laws as an encourage-8
ment for trade; 9
(I) to afford small businesses equitable 10
trade benefits and to reduce or eliminate trade 11
and investment barriers that disproportionately 12
impact small businesses; 13
(J) to promote universal ratification and 14
full compliance with the International Labour 15
Organization Convention (ILO No. 182) con-16
cerning the Prohibition and Immediate Action 17
for the Elimination of the Worst Forms of 18
Child Labor, adopted at Geneva, June 17, 19
1999; 20
(K) to promote universal ratification and 21
full compliance with the International Labour 22
Organization Convention (ILO No. 176) con-23
cerning Safety and Health in Mines, adopted at 24
Geneva, June 22, 1995; 25
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(L) to encourage ownership transparency 1
throughout the critical minerals and rare earth 2
elements supply chain to prevent undue influ-3
ence from foreign entities of concern; 4
(M) to protect legitimate health, safety, es-5
sential security, and consumer interests, ensur-6
ing that the agreement does not require 7
changes to United States laws relating to those 8
interests unless expressly agreed upon; and 9
(N) to ensure that the agreement does not 10
require changes to United States statutes or 11
regulations. 12
(2) C
ONSIDERATION OF EXISTING NEGOTIATING 13
OBJECTIVES.—In conducting negotiations under this 14
section, the President shall take into account the 15
principal trade negotiating objectives set forth in 16
paragraphs (5), (7), and (10) of section 102(b) of 17
the Bipartisan Congressional Trade Priorities and 18
Accountability Act of 2015 (19 U.S.C. 4201(b)), to 19
the extent that those objectives are pertinent to the 20
objectives described in paragraph (1). 21
(d) C
ONSULTATION WITH ANDNOTIFICATION TO 22
C
ONGRESSBEFOREINITIATINGNEGOTIATIONS.—Before 23
initiating negotiations under subsection (a)(1), or issuing 24
a proclamation under subsection (b), the President shall— 25
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(1) consult with the appropriate congressional 1
committees regarding the intention to enter into the 2
negotiations or issue the proclamation, as the case 3
may be; and 4
(2) notify the appropriate congressional com-5
mittees in writing at least 30 days before the initi-6
ation of the negotiations or the issuance of the proc-7
lamation, as the case may be, that includes— 8
(A) a statement of the intention to initiate 9
the negotiations or issue the proclamation; 10
(B) in the case of negotiations— 11
(i) an identification of the country or 12
countries with which the President intends 13
to initiate negotiations; and 14
(ii) a description of the specific objec-15
tives for the negotiations; and 16
(C) an assessment of the potential impact 17
of the negotiations or proclamation, as the case 18
may be, on the economic and strategic interests 19
of the United States. 20
(e) P
ARTICIPATINGCOUNTRIES.— 21
(1) I
N GENERAL.—Subject to paragraph (2), 22
the President may— 23
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(A) determine which countries to negotiate 1
with toward a covered free trade agreement; 2
and 3
(B) after the implementation of any such 4
agreement and as conditions warrant, identify 5
and engage in negotiations with additional 6
countries that wish to accede to the agreement. 7
(2) E
XCLUSIVE BENEFITS.— 8
(A) I
N GENERAL.—Any covered free trade 9
agreement entered into under subsection (a)(1) 10
shall provide trade benefits, including tariff re-11
ductions, preferential treatment, or other trade 12
advantages related to critical minerals and rare 13
earth elements, exclusively to countries that are 14
parties to the agreement. 15
(B) S
TATUS OF NON -PARTICIPANTS.— 16
Countries that are not parties to a covered free 17
trade agreement may not receive the trade ben-18
efits provided under the agreement, but nothing 19
in this Act shall be construed to impose addi-20
tional restrictions or penalties on such coun-21
tries. 22
(3) T
REATMENT OF NONMARKET ECONOMY 23
COUNTRIES.— 24
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(A) IN GENERAL.—The President may not 1
negotiate a covered free trade agreement with a 2
country determined to be a nonmarket economy 3
country pursuant to section 771(18) of the Tar-4
iff Act of 1930 (19 U.S.C. 1677(18)). 5
(B) A
FTER ENTRY INTO FORCE .—A coun-6
try described in subparagraph (A) that is not 7
designated as a foreign country of concern (as 8
defined in section 231.102 of title 15, Code of 9
Federal Regulations) may accede to a covered 10
free trade agreement after entry into force of 11
the agreement if a joint resolution is enacted 12
into law approving the accession of that country 13
to the agreement. 14
(f) B
ILLSQUALIFYING FOR TRADEAUTHORITIES 15
P
ROCEDURES.— 16
(1) I
N GENERAL.—The provisions of section 17
151 of the Trade Act of 1974 (19 U.S.C. 2191) (in 18
this section referred to as ‘‘trade authorities proce-19
dures’’) apply to a bill of either House of Congress 20
which contains provisions described in paragraph (2) 21
to the same extent as such section 151 applies to 22
implementing bills under that section. A bill to 23
which this subsection applies shall hereafter in this 24
section be referred to as an ‘‘implementing bill’’. 25
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(2) PROVISIONS SPECIFIED.—The provisions 1
described in this paragraph are— 2
(A) a provision approving a covered free 3
trade agreement and approving the statement 4
of administrative action, if any, proposed to im-5
plement that agreement; and 6
(B) if changes in existing laws or new stat-7
utory authority are required to implement that 8
agreement, only such provisions as are strictly 9
necessary or appropriate to implement the 10
agreement, either repealing or amending exist-11
ing laws or providing new statutory authority. 12
(g) R
ELATIONSHIP TOBIPARTISANCONGRESSIONAL 13
T
RADEPRIORITIES AND ACCOUNTABILITY ACT OF 14
2015.—A covered free trade agreement, including such an 15
agreement that does not require changes to United States 16
law, shall not enter into force with respect to the United 17
States and an implementing bill that relates to such an 18
agreement shall not qualify for trade authorities proce-19
dures unless the following requirements of the Bipartisan 20
Congressional Trade Priorities and Accountability Act of 21
2015 (19 U.S.C. 4201 et seq.) are carried out with respect 22
to that agreement, to the same extent as would be required 23
with respect to an agreement entered into under section 24
103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding 25
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the expiration of authority to enter into an agreement 1
under such section 103(b): 2
(1) The congressional oversight and consulta-3
tion requirements under section 104 of that Act (19 4
U.S.C. 4203). 5
(2) The notification, consultation, and reporting 6
requirements under section 105 of that Act (19 7
U.S.C. 4204). 8
(3) The implementation procedures under sec-9
tion 106 of that Act (19 U.S.C. 4205). 10
(h) T
ERMINATION OFAUTHORITY.— 11
(1) N
EGOTIATION AND AGREEMENTS .— 12
(A) I
N GENERAL.—The authority of the 13
President under subsection (a)(1) to negotiate 14
and enter into covered free trade agreements 15
terminates on July 1, 2035. 16
(B) T
REATMENT OF MODIFICATIONS .— 17
Substantial modifications to, or substantial ad-18
ditional provisions of, a covered free trade 19
agreement that are entered into after July 1, 20
2035, are not covered by the authority under 21
subsection (a)(1). 22
(2) T
RADE AUTHORITIES PROCEDURES .—The 23
trade authorities procedures apply to an imple-24
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menting bill with respect to a covered free trade 1
agreement entered into under subsection (a)(1) if— 2
(A) the agreement is entered into on or be-3
fore July 1, 2035; and 4
(B) the implementing bill is submitted to 5
Congress not later than one year after the 6
agreement is entered into. 7
(3) E
NFORCEMENT.—The authority under sub-8
section (a)(1) to enforce a covered free trade agree-9
ment remains in effect after July 1, 2035, notwith-10
standing the termination under paragraph (1) of the 11
authority to negotiate and enter into such agree-12
ments. 13
SEC. 5. INCLUSION OF BUSINESSES OF PARTIES TO COV-14
ERED FREE TRADE AGREEMENTS IN DEFINI-15
TION OF DOMESTIC SOURCE FOR TITLE III 16
OF DEFENSE PRODUCTION ACT OF 1950. 17
Section 702(7)(B) of the Defense Production Act of 18
1950 (50 U.S.C. 4552(7)(B)) is amended— 19
(1) in clause (i)(I)— 20
(A) in item (aa), by striking ‘‘; or’’ and in-21
serting a semicolon; 22
(B) in item (bb), by striking ‘‘; and’’ and 23
inserting ‘‘; or’’; and 24
(C) by adding at the end the following: 25
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‘‘(cc) subject to clause (iii), 1
the territory of a party to a cov-2
ered free trade agreement (as de-3
fined in section 2 of the Securing 4
Trade and Resources for Ad-5
vanced Technology, Economic 6
Growth, and International Com-7
merce in Minerals Act); and’’; 8
and 9
(2) by adding at the end the following: 10
‘‘(iii) A
DDITIONAL REQUIREMENTS 11
FOR PARTIES TO COVERED FREE TRADE 12
AGREEMENTS.— 13
‘‘(I) I
N GENERAL.—A business 14
concern described in clause (i)(I)(cc) 15
may be treated as a domestic 16
source— 17
‘‘(aa) only for purposes of 18
the exercise of authorities under 19
section 303(a)(1) relating to min-20
erals activities related to minerals 21
the supply of which in the United 22
States and Canada is deficient; 23
and 24
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‘‘(bb) only if, for minerals 1
activities carried out pursuant to 2
such exercise of authorities— 3
‘‘(AA) the minerals are 4
processed, beneficiated, or 5
recycled only by entities 6
owned by entities organized 7
under the laws of the United 8
States and not more than 10 9
percent or more of the eq-10
uity interests of which are 11
owned or controlled, directly 12
or indirectly, by any foreign 13
entity of concern, through 14
any contract, arrangement, 15
understanding, relationship, 16
or otherwise; 17
‘‘(BB) the business 18
concern does not sell or 19
transfer any of the minerals 20
extracted, processed, 21
beneficiated, refined, recy-22
cled, or otherwise trans-23
formed, or any revenues de-24
rived from those minerals, to 25
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entities located in the Peo-1
ple’s Republic of China or to 2
entities owned, directly or 3
indirectly, held, or controlled 4
by any foreign entity of con-5
cern; and 6
‘‘(CC) no mine used for 7
the mining of such minerals 8
is owned, directly or indi-9
rectly, held, or controlled by 10
any foreign entity of con-11
cern. 12
‘‘(II) D
ETERMINATION OF DEFI -13
CIENCY.—For purposes of subclause 14
(I)(aa), in determining if the supply 15
in the United States and Canada of a 16
critical mineral or rare earth element 17
is deficient, the Secretary of Defense, 18
in consultation with the Secretary of 19
the Interior and the Secretary of En-20
ergy, shall consider factors includ-21
ing— 22
‘‘(aa) current domestic pro-23
duction levels; 24
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‘‘(bb) projected demand for 1
national defense and critical in-2
frastructure; 3
‘‘(cc) dependence on foreign 4
sources, especially from foreign 5
entities of concern; and 6
‘‘(dd) potential for supply 7
chain disruptions. 8
‘‘(III) C
OMPLIANCE AND 9
VERIFICATION.— 10
‘‘(aa) G
UIDANCE.—The Sec-11
retary of Defense shall provide 12
guidance to business concerns on 13
compliance with this clause. 14
‘‘(bb) N
OTICE OF AND PEN-15
ALTIES FOR NONCOMPLIANCE .— 16
If a business concern is found to 17
be in violation of this clause— 18
‘‘(AA) the Secretary of 19
Defense shall provide writ-20
ten notice to the business 21
concern detailing the nature 22
of the violation and the pen-23
alties to be imposed; 24
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‘‘(BB) the business 1
concern may be required to 2
repay any funds received 3
under section 303(a)(1); 4
‘‘(CC) the business con-5
cern may be disqualified 6
from future contracts or fi-7
nancial assistance under this 8
Act; 9
‘‘(DD) the business 10
concern may be subject to 11
civil penalties under section 12
705; and 13
‘‘(EE) the matter may 14
be referred to the Attorney 15
General for criminal pros-16
ecution under applicable 17
laws. 18
‘‘(IV) D
EFINITIONS.—In this 19
clause: 20
‘‘(aa) B
ENEFICIATE; 21
BENEFICIATION.—The terms 22
‘beneficiate’ and ‘beneficiation’ 23
mean the crushing and grinding 24
of hardrock mineral ore and such 25
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processes as are employed to free 1
the mineral from other constitu-2
ents, including physical and 3
chemical separation techniques. 4
‘‘(bb) C
ONTROL.—The term 5
‘control’ means having the abil-6
ity, directly or indirectly, to de-7
termine (without regard to 8
whether exercised through 1 or 9
more corporate structures) the 10
manner in which an entity con-11
ducts mineral activities, through 12
any means, including— 13
‘‘(AA) ownership inter-14
est; 15
‘‘(BB) authority to 16
commit the real or financial 17
assets of the entity; 18
‘‘(CC) position as a di-19
rector, officer, or partner of 20
the entity; or 21
‘‘(DD) contractual ar-22
rangement. 23
‘‘(cc) C
RITICAL MINERAL.— 24
The term ‘critical mineral’ has 25
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the meaning given that term in 1
section 7002(a) of the Energy 2
Act of 2020 (30 U.S.C. 1606(a)). 3
‘‘(dd) D
EFICIENT.—The 4
term ‘deficient’, with respect to 5
the supply in the United States 6
and Canada of a critical mineral 7
or rare earth element, means 8
that supply is insufficient to meet 9
national defense and essential ci-10
vilian industrial requirements, as 11
determined by the Secretary of 12
Defense, in consultation with the 13
Secretary of the Interior and the 14
Secretary of Energy. 15
‘‘(ee) F
OREIGN ENTITY OF 16
CONCERN.—The term ‘foreign 17
entity of concern’ has the mean-18
ing given that term in section 19
40207 of the Infrastructure In-20
vestment and Jobs Act (42 21
U.S.C. 18741). 22
‘‘(ff) M
INERAL ACTIVI -23
TIES.—The term ‘mineral activi-24
ties’ means any activity carried 25
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out on a mining claim, millsite, 1
or tunnel site, for, related to, or 2
incidental to, mining, 3
beneficiation, processing, refin-4
ing, alloying, or recycling activi-5
ties for any critical mineral or 6
rare earth element. 7
‘‘(gg) P
ROCESSING.—The 8
term ‘processing’ has the mean-9
ing given that term in Treasury 10
Regulation section 1.30D– 11
2(b)(37) (or a successor regula-12
tion). 13
‘‘(hh) R
ARE EARTH ELE -14
MENT.—The term ‘rare earth ele-15
ment’ has the meaning given that 16
term in section 2 of the Securing 17
Trade and Resources for Ad-18
vanced Technology, Economic 19
Growth, and International Com-20
merce in Minerals Act. 21
‘‘(ii) R
ECYCLING.—The term 22
‘recycling’ has the meaning given 23
that term in Treasury Regulation 24
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section 1.30D–2(b)(43) (or a 1
successor regulation). 2
‘‘(jj) R
EVENUES.—The term 3
‘revenues’ includes any income, 4
profits, dividends, royalties, or 5
other financial benefits obtained 6
from the sale, transfer, or other 7
disposition of the minerals pro-8
duced. 9
‘‘(kk) S
ELL OR TRANS -10
FER.—The term ‘sell or transfer’ 11
includes any transaction that 12
conveys ownership, possession, or 13
control of minerals produced, or 14
any interest therein, including 15
sales, leases, exchanges, or 16
gifts.’’. 17
Æ
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ssavage on LAPJG3WLY3PROD with BILLS