II 

118TH CONGRESS 

2D SESSION S. 5451 

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 

DECEMBER 5, 2024 

Mr. YOUNG (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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Trade and 

5 Resources for Advanced Technology, Economic Growth, 

6 and International Commerce in Minerals Act’’ or ‘‘STRA7 TEGIC Minerals Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Finance of the Sen7 ate; and 

8 (B) the Committee on Ways and Means of 

9 the House of Representatives. 

10 (2) COUNTRY.—The term ‘‘country’’ means— 

11 (A) any foreign country or territory, in12 cluding any overseas dependent territory or pos13 session of a foreign country; and 

14 (B) the Trust Territory of the Pacific Is15 lands. 

16 (3) COVERED FREE TRADE AGREEMENT.—The 

17 term ‘‘covered free trade agreement’’ means an 

18 agreement with one or more countries that— 

19 (A) exclusively focuses on the critical min20 erals and rare earth elements sector; 

21 (B) reduces barriers to trade among the 

22 parties to the agreement; 

23 (C) includes enforceable provisions to pre24 vent any foreign entity of concern from gaining 

25 any benefit from the agreement; and 

26 (D) is approved by Congress. 


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1 (4) CRITICAL MINERAL.—The term ‘‘critical 

2 mineral’’ has the meaning given that term in section 

3 7002(a) of the Energy Act of 2020 (30 U.S.C. 

4 1606(a)). 

5 (5) FOREIGN ENTITY OF CONCERN.—The term 

6 ‘‘foreign entity of concern’’ has the meaning given 

7 that term in section 40207 of the Infrastructure In8 vestment and Jobs Act (42 U.S.C. 18741). 

9 (6) RARE EARTH ELEMENT.—The term ‘‘rare 

10 earth element’’ means cerium, dysprosium, erbium, 

11 europium, gadolinium, holmium, lanthanum, lute12 tium, neodymium, praseodymium, promethium, sa13 marium, scandium, terbium, thulium, ytterbium, or 

14 yttrium. 

15 (7) TRADE REPRESENTATIVE.—The term 

16 ‘‘Trade Representative’’ means the United States 

17 Trade Representative. 

18 SEC. 3. BRIEFING ON COVERED FREE TRADE AGREEMENTS. 

19 (a) IN GENERAL.—Not later than 120 days after the 

20 date of the enactment of this Act, the Trade Representa21 tive, in consultation with the Secretary of State, the Sec22 retary of Defense, the Secretary of Energy, and the Sec23 retary of the Interior, as appropriate, shall provide to the 

24 appropriate congressional committees a classified briefing 


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1 on the feasibility and advisability of pursuing and adopt2 ing covered free trade agreements. 

3 (b) ELEMENTS.—The briefing required by subsection 

4 (a) shall include— 

5 (1) an analysis of the most appropriate types of 

6 agreements (bilateral, plurilateral, or multilateral) 

7 for achieving the negotiating objectives set forth in 

8 section 4(d), including considerations of economic 

9 impact, strategic partnerships, negotiation feasi10 bility, and national security implications; 

11 (2) recommendations for which type or types of 

12 agreements are most needed to effectively secure 

13 critical minerals and rare earth elements supply 

14 chains in alignment with the national security and 

15 economic interests of the United States; and 

16 (3) an assessment of potential challenges and 

17 proposed solutions in pursuing the recommended 

18 type or types of agreement, including legal, regu19 latory, and geopolitical considerations. 

20 SEC. 4. NEGOTIATING AND TRADE AGREEMENTS AUTHOR21 ITY FOR COVERED FREE TRADE AGREE22 MENTS. 

23 (a) AUTHORITY TO NEGOTIATE AND ENTER INTO

24 AGREEMENTS.— 


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1 (1) IN GENERAL.—In order to enhance the eco2 nomic well-being, national security, and economic 

3 competitiveness of the United States, the President, 

4 acting through the Trade Representative, may nego5 tiate, enter into, and enforce a covered free trade 

6 agreement when the President determines that it is 

7 in the national interest to do so. 

8 (2) LIMITATION.—The President may not ini9 tiate negotiations for a covered free trade agreement 

10 under paragraph (1) until the date on which the 

11 Trade Representative provides the briefing required 

12 by section 3(a) to the appropriate congressional 

13 committees. 

14 (b) MODIFICATIONS PERMITTED.—The President 

15 may proclaim such modification or continuance of any ex16 isting duty, or such continuance of existing duty-free or 

17 excise treatment, as the President determines to be re18 quired or appropriate to carry out a covered free trade 

19 agreement entered into under subsection (a)(1). 

20 (c) NEGOTIATING OBJECTIVES.— 

21 (1) OVERALL NEGOTIATING OBJECTIVES.—The 

22 negotiating objectives of the United States for a cov23 ered free trade agreement are— 

24 (A) to strengthen supply chains of critical 

25 minerals and rare earth elements; 


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1 (B) to reduce or eliminate barriers and dis2 tortions that inhibit to trade and investment in 

3 critical minerals and rare earth elements; 

4 (C) to strengthen international trade and 

5 investment disciplines and procedures specific 

6 to critical minerals and rare earth elements, in7 cluding effective dispute settlement mecha8 nisms; 

9 (D) to foster economic growth, raise living 

10 standards, enhance the competitiveness of the 

11 United States, promote full employment, and 

12 contribute to the global economy through the 

13 development and trade of critical minerals and 

14 rare earth elements; 

15 (E) to promote policies that advance sus16 tainable practices and circularity in the produc17 tion and processing of critical minerals and rare 

18 earth elements; 

19 (F) to encourage the development and 

20 adoption of innovative technologies and prac21 tices that optimize the use of critical resources; 

22 (G) to promote respect for worker rights 

23 and the rights of children consistent with core 

24 labor standards only as stated in the Inter25 national Labour Organization Declaration on 


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1 Fundamental Principles and Rights at Work 

2 and its Follow-Up (1998) and an understanding 

3 of the relationship between trade and worker 

4 rights; 

5 (H) to seek provisions in the agreement 

6 under which parties ensure they do not weaken 

7 or reduce the protections afforded in domestic 

8 environmental and labor laws as an encourage9 ment for trade; 

10 (I) to afford small businesses equitable 

11 trade benefits and to reduce or eliminate trade 

12 and investment barriers that disproportionately 

13 impact small businesses; 

14 (J) to promote universal ratification and 

15 full compliance with the International Labour 

16 Organization Convention (ILO No. 182) con17 cerning the Prohibition and Immediate Action 

18 for the Elimination of the Worst Forms of 

19 Child Labor, adopted at Geneva, June 17, 

20 1999; 

21 (K) to promote universal ratification and 

22 full compliance with the International Labour 

23 Organization Convention (ILO No. 176) con24 cerning Safety and Health in Mines, adopted at 

25 Geneva, June 22, 1995; 


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1 (L) to encourage ownership transparency 

2 throughout the critical minerals and rare earth 

3 elements supply chain to prevent undue influ4 ence from foreign entities of concern; 

5 (M) to protect legitimate health, safety, es6 sential security, and consumer interests, ensur7 ing that the agreement does not require 

8 changes to United States laws relating to those 

9 interests unless expressly agreed upon; and 

10 (N) to ensure that the agreement does not 

11 require changes to United States statutes or 

12 regulations. 

13 (2) CONSIDERATION OF EXISTING NEGOTIATING

14 OBJECTIVES.—In conducting negotiations under this 

15 section, the President shall take into account the 

16 principal trade negotiating objectives set forth in 

17 paragraphs (5), (7), and (10) of section 102(b) of 

18 the Bipartisan Congressional Trade Priorities and 

19 Accountability Act of 2015 (19 U.S.C. 4201(b)), to 

20 the extent that those objectives are pertinent to the 

21 objectives described in paragraph (1). 

22 (d) CONSULTATION WITH AND NOTIFICATION TO

23 CONGRESS BEFORE INITIATING NEGOTIATIONS.—Before 

24 initiating negotiations under subsection (a)(1), or issuing 

25 a proclamation under subsection (b), the President shall— 


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1 (1) consult with the appropriate congressional 

2 committees regarding the intention to enter into the 

3 negotiations or issue the proclamation, as the case 

4 may be; and 

5 (2) notify the appropriate congressional com6 mittees in writing at least 30 days before the initi7 ation of the negotiations or the issuance of the proc8 lamation, as the case may be, that includes— 

9 (A) a statement of the intention to initiate 

10 the negotiations or issue the proclamation; 

11 (B) in the case of negotiations— 

12 (i) an identification of the country or 

13 countries with which the President intends 

14 to initiate negotiations; and 

15 (ii) a description of the specific objec16 tives for the negotiations; and 

17 (C) an assessment of the potential impact 

18 of the negotiations or proclamation, as the case 

19 may be, on the economic and strategic interests 

20 of the United States. 

21 (e) PARTICIPATING COUNTRIES.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the President may— 


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1 (A) determine which countries to negotiate 

2 with toward a covered free trade agreement; 

3 and 

4 (B) after the implementation of any such 

5 agreement and as conditions warrant, identify 

6 and engage in negotiations with additional 

7 countries that wish to accede to the agreement. 

8 (2) EXCLUSIVE BENEFITS.— 

9 (A) IN GENERAL.—Any covered free trade 

10 agreement entered into under subsection (a)(1) 

11 shall provide trade benefits, including tariff re12 ductions, preferential treatment, or other trade 

13 advantages related to critical minerals and rare 

14 earth elements, exclusively to countries that are 

15 parties to the agreement. 

16 (B) STATUS OF NON-PARTICIPANTS.— 

17 Countries that are not parties to a covered free 

18 trade agreement may not receive the trade ben19 efits provided under the agreement, but nothing 

20 in this Act shall be construed to impose addi21 tional restrictions or penalties on such coun22 tries. 

23 (3) TREATMENT OF NONMARKET ECONOMY

24 COUNTRIES.— 


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1 (A) IN GENERAL.—The President may not 

2 negotiate a covered free trade agreement with a 

3 country determined to be a nonmarket economy 

4 country pursuant to section 771(18) of the Tar5 iff Act of 1930 (19 U.S.C. 1677(18)). 

6 (B) AFTER ENTRY INTO FORCE.—A coun7 try described in subparagraph (A) that is not 

8 designated as a foreign country of concern (as 

9 defined in section 231.102 of title 15, Code of 

10 Federal Regulations) may accede to a covered 

11 free trade agreement after entry into force of 

12 the agreement if a joint resolution is enacted 

13 into law approving the accession of that country 

14 to the agreement. 

15 (f) BILLS QUALIFYING FOR TRADE AUTHORITIES

16 PROCEDURES.— 

17 (1) IN GENERAL.—The provisions of section 

18 151 of the Trade Act of 1974 (19 U.S.C. 2191) (in 

19 this section referred to as ‘‘trade authorities proce20 dures’’) apply to a bill of either House of Congress 

21 which contains provisions described in paragraph (2) 

22 to the same extent as such section 151 applies to 

23 implementing bills under that section. A bill to 

24 which this subsection applies shall hereafter in this 

25 section be referred to as an ‘‘implementing bill’’. 


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1 (2) PROVISIONS SPECIFIED.—The provisions 

2 described in this paragraph are— 

3 (A) a provision approving a covered free 

4 trade agreement and approving the statement 

5 of administrative action, if any, proposed to im6 plement that agreement; and 

7 (B) if changes in existing laws or new stat8 utory authority are required to implement that 

9 agreement, only such provisions as are strictly 

10 necessary or appropriate to implement the 

11 agreement, either repealing or amending exist12 ing laws or providing new statutory authority. 

13 (g) RELATIONSHIP TO BIPARTISAN CONGRESSIONAL

14 TRADE PRIORITIES AND ACCOUNTABILITY ACT OF

15 2015.—A covered free trade agreement, including such an 

16 agreement that does not require changes to United States 

17 law, shall not enter into force with respect to the United 

18 States and an implementing bill that relates to such an 

19 agreement shall not qualify for trade authorities proce20 dures unless the following requirements of the Bipartisan 

21 Congressional Trade Priorities and Accountability Act of 

22 2015 (19 U.S.C. 4201 et seq.) are carried out with respect 

23 to that agreement, to the same extent as would be required 

24 with respect to an agreement entered into under section 

25 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding 


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1 the expiration of authority to enter into an agreement 

2 under such section 103(b): 

3 (1) The congressional oversight and consulta4 tion requirements under section 104 of that Act (19 

5 U.S.C. 4203). 

6 (2) The notification, consultation, and reporting 

7 requirements under section 105 of that Act (19 

8 U.S.C. 4204). 

9 (3) The implementation procedures under sec10 tion 106 of that Act (19 U.S.C. 4205). 

11 (h) TERMINATION OF AUTHORITY.— 

12 (1) NEGOTIATION AND AGREEMENTS.— 

13 (A) IN GENERAL.—The authority of the 

14 President under subsection (a)(1) to negotiate 

15 and enter into covered free trade agreements 

16 terminates on July 1, 2035. 

17 (B) TREATMENT OF MODIFICATIONS.— 

18 Substantial modifications to, or substantial ad19 ditional provisions of, a covered free trade 

20 agreement that are entered into after July 1, 

21 2035, are not covered by the authority under 

22 subsection (a)(1). 

23 (2) TRADE AUTHORITIES PROCEDURES.—The 

24 trade authorities procedures apply to an impleVerDate Sep 11 2014 20:12 Dec 31, 2024 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S5451.IS S5451

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1 menting bill with respect to a covered free trade 

2 agreement entered into under subsection (a)(1) if— 

3 (A) the agreement is entered into on or be4 fore July 1, 2035; and 

5 (B) the implementing bill is submitted to 

6 Congress not later than one year after the 

7 agreement is entered into. 

8 (3) ENFORCEMENT.—The authority under sub9 section (a)(1) to enforce a covered free trade agree10 ment remains in effect after July 1, 2035, notwith11 standing the termination under paragraph (1) of the 

12 authority to negotiate and enter into such agree13 ments. 

14 SEC. 5. INCLUSION OF BUSINESSES OF PARTIES TO COV15 ERED FREE TRADE AGREEMENTS IN DEFINI16 TION OF DOMESTIC SOURCE FOR TITLE III 

17 OF DEFENSE PRODUCTION ACT OF 1950. 

18 Section 702(7)(B) of the Defense Production Act of 

19 1950 (50 U.S.C. 4552(7)(B)) is amended— 

20 (1) in clause (i)(I)— 

21 (A) in item (aa), by striking ‘‘; or’’ and in22 serting a semicolon; 

23 (B) in item (bb), by striking ‘‘; and’’ and 

24 inserting ‘‘; or’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(cc) subject to clause (iii), 

2 the territory of a party to a cov3 ered free trade agreement (as de4 fined in section 2 of the Securing 

5 Trade and Resources for Ad6 vanced Technology, Economic 

7 Growth, and International Com8 merce in Minerals Act); and’’; 

9 and 

10 (2) by adding at the end the following: 

11 ‘‘(iii) ADDITIONAL REQUIREMENTS

12 FOR PARTIES TO COVERED FREE TRADE

13 AGREEMENTS.— 

14 ‘‘(I) IN GENERAL.—A business 

15 concern described in clause (i)(I)(cc) 

16 may be treated as a domestic 

17 source— 

18 ‘‘(aa) only for purposes of 

19 the exercise of authorities under 

20 section 303(a)(1) relating to min21 erals activities related to minerals 

22 the supply of which in the United 

23 States and Canada is deficient; 

24 and 


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1 ‘‘(bb) only if, for minerals 

2 activities carried out pursuant to 

3 such exercise of authorities— 

4 ‘‘(AA) the minerals are 

5 processed, beneficiated, or 

6 recycled only by entities 

7 owned by entities organized 

8 under the laws of the United 

9 States and not more than 10 

10 percent or more of the eq11 uity interests of which are 

12 owned or controlled, directly 

13 or indirectly, by any foreign 

14 entity of concern, through 

15 any contract, arrangement, 

16 understanding, relationship, 

17 or otherwise; 

18 ‘‘(BB) the business 

19 concern does not sell or 

20 transfer any of the minerals 

21 extracted, processed, 

22 beneficiated, refined, recy23 cled, or otherwise trans24 formed, or any revenues de25 rived from those minerals, to 


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1 entities located in the Peo2 ple’s Republic of China or to 

3 entities owned, directly or 

4 indirectly, held, or controlled 

5 by any foreign entity of con6 cern; and 

7 ‘‘(CC) no mine used for 

8 the mining of such minerals 

9 is owned, directly or indi10 rectly, held, or controlled by 

11 any foreign entity of con12 cern. 

13 ‘‘(II) DETERMINATION OF DEFI14 CIENCY.—For purposes of subclause 

15 (I)(aa), in determining if the supply 

16 in the United States and Canada of a 

17 critical mineral or rare earth element 

18 is deficient, the Secretary of Defense, 

19 in consultation with the Secretary of 

20 the Interior and the Secretary of En21 ergy, shall consider factors includ22 ing— 

23 ‘‘(aa) current domestic pro24 duction levels; 


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1 ‘‘(bb) projected demand for 

2 national defense and critical in3 frastructure; 

4 ‘‘(cc) dependence on foreign 

5 sources, especially from foreign 

6 entities of concern; and 

7 ‘‘(dd) potential for supply 

8 chain disruptions. 

9 ‘‘(III) COMPLIANCE AND

10 VERIFICATION.— 

11 ‘‘(aa) GUIDANCE.—The Sec12 retary of Defense shall provide 

13 guidance to business concerns on 

14 compliance with this clause. 

15 ‘‘(bb) NOTICE OF AND PEN16 ALTIES FOR NONCOMPLIANCE.— 

17 If a business concern is found to 

18 be in violation of this clause— 

19 ‘‘(AA) the Secretary of 

20 Defense shall provide writ21 ten notice to the business 

22 concern detailing the nature 

23 of the violation and the pen24 alties to be imposed; 


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1 ‘‘(BB) the business 

2 concern may be required to 

3 repay any funds received 

4 under section 303(a)(1); 

5 ‘‘(CC) the business con6 cern may be disqualified 

7 from future contracts or fi8 nancial assistance under this 

9 Act; 

10 ‘‘(DD) the business 

11 concern may be subject to 

12 civil penalties under section 

13 705; and 

14 ‘‘(EE) the matter may 

15 be referred to the Attorney 

16 General for criminal pros17 ecution under applicable 

18 laws. 

19 ‘‘(IV) DEFINITIONS.—In this 

20 clause: 

21 ‘‘(aa) BENEFICIATE; 

22 BENEFICIATION.—The terms 

23 ‘beneficiate’ and ‘beneficiation’ 

24 mean the crushing and grinding 

25 of hardrock mineral ore and such 


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1 processes as are employed to free 

2 the mineral from other constitu3 ents, including physical and 

4 chemical separation techniques. 

5 ‘‘(bb) CONTROL.—The term 

6 ‘control’ means having the abil7 ity, directly or indirectly, to de8 termine (without regard to 

9 whether exercised through 1 or 

10 more corporate structures) the 

11 manner in which an entity con12 ducts mineral activities, through 

13 any means, including— 

14 ‘‘(AA) ownership inter15 est; 

16 ‘‘(BB) authority to 

17 commit the real or financial 

18 assets of the entity; 

19 ‘‘(CC) position as a di20 rector, officer, or partner of 

21 the entity; or 

22 ‘‘(DD) contractual ar23 rangement. 

24 ‘‘(cc) CRITICAL MINERAL.— 

25 The term ‘critical mineral’ has 


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1 the meaning given that term in 

2 section 7002(a) of the Energy 

3 Act of 2020 (30 U.S.C. 1606(a)). 

4 ‘‘(dd) DEFICIENT.—The 

5 term ‘deficient’, with respect to 

6 the supply in the United States 

7 and Canada of a critical mineral 

8 or rare earth element, means 

9 that supply is insufficient to meet 

10 national defense and essential ci11 vilian industrial requirements, as 

12 determined by the Secretary of 

13 Defense, in consultation with the 

14 Secretary of the Interior and the 

15 Secretary of Energy. 

16 ‘‘(ee) FOREIGN ENTITY OF

17 CONCERN.—The term ‘foreign 

18 entity of concern’ has the mean19 ing given that term in section 

20 40207 of the Infrastructure In21 vestment and Jobs Act (42 

22 U.S.C. 18741). 

23 ‘‘(ff) MINERAL ACTIVI24 TIES.—The term ‘mineral activi25 ties’ means any activity carried 


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1 out on a mining claim, millsite, 

2 or tunnel site, for, related to, or 

3 incidental to, mining, 

4 beneficiation, processing, refin5 ing, alloying, or recycling activi6 ties for any critical mineral or 

7 rare earth element. 

8 ‘‘(gg) PROCESSING.—The 

9 term ‘processing’ has the mean10 ing given that term in Treasury 

11 Regulation section 1.30D– 

12 2(b)(37) (or a successor regula13 tion). 

14 ‘‘(hh) RARE EARTH ELE15 MENT.—The term ‘rare earth ele16 ment’ has the meaning given that 

17 term in section 2 of the Securing 

18 Trade and Resources for Ad19 vanced Technology, Economic 

20 Growth, and International Com21 merce in Minerals Act. 

22 ‘‘(ii) RECYCLING.—The term 

23 ‘recycling’ has the meaning given 

24 that term in Treasury Regulation 


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1 section 1.30D–2(b)(43) (or a 

2 successor regulation). 

3 ‘‘(jj) REVENUES.—The term 

4 ‘revenues’ includes any income, 

5 profits, dividends, royalties, or 

6 other financial benefits obtained 

7 from the sale, transfer, or other 

8 disposition of the minerals pro9 duced. 

10 ‘‘(kk) SELL OR TRANS11 FER.—The term ‘sell or transfer’ 

12 includes any transaction that 

13 conveys ownership, possession, or 

14 control of minerals produced, or 

15 any interest therein, including 

16 sales, leases, exchanges, or 

17 gifts.’’. 

Æ 


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