April 14, 2026
Mr. Schweikert (for himself and Mr. Carey) introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to designate copper as an applicable critical mineral and to include ore extraction costs for purposes of the advanced manufacturing production credit.
Section 1. Inclusion of copper as applicable critical mineral for purposes of the advanced manufacturing production credit
(a) In general
Section 45X(c)(6)(AA) of the Internal Revenue Code of 1986 is amended—
(1)
by redesignating clauses (iii) through (xxv) as clauses (iv) through (xxvi), respectively, and
(2)
by inserting after clause (ii) the following new clause:
(iii)
Copper.
(b) Effective date
The amendments made by this section shall apply to minerals produced and sold after December 31, 2025.
Sec. 2. Inclusion of ore extraction costs in advanced manufacturing production credit
(a) In general
Section 45X(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
(5) Extraction costs for critical minerals
(A) In general
In the case of a taxpayer that extracts ore that is subsequently refined into an applicable critical mineral, the costs of incurred by the taxpayer with respect to such extraction shall be treated as costs described in subsection (b)(1)(M) for purposes of this section if such taxpayer submits to the Secretary a certification from the refiner of such ore that—
(i)
such ore has been refined into an applicable critical mineral, and
(ii)
such refiner sold the applicable critical mineral to an unrelated person (as defined in subsection (a)(3)) and such sale occurred in a trade or business of the refiner.
(B) Certain foreign ore not eligible
The cost of extracting ore shall be taken into account under subparagraph (A) only if—
(i)
such ore was extracted in the United States, or
(ii)
in the case of ore extracted outside of the United States—
(I)
the ore is of a type not extracted in the United States in commercial quantities, and
(II)
the ore was not extracted in a foreign country of concern (as defined in section 10612(a)(1) of the Research and Development, Competition, and Innovation Act).
(C) Regulations preventing double benefit
The Secretary shall issue such regulations or guidance as may be necessary or appropriate to ensure that no costs which are treated as costs described in section (b)(1)(M) by reason of subparagraph (A) are included, directly or indirectly, in the costs of production of any applicable critical mineral by any taxpayer except as provided by such subparagraph.
(b) Effective date
The amendments made by this section shall apply to costs incurred after December 31, 2025.