[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8277 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8277

 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.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2026

  Mr. Schweikert (for himself and Mr. Carey) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 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.

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

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.
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