H.R. 8780

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8780 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8780

To amend the Internal Revenue Code of 1986 to expand and improve the 
advanced manufacturing production tax credit.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 13, 2026

Mr. Moore of Utah (for himself, Mr. Buchanan, Mr. Carey, Mr. Miller of 
Ohio, and Mr. Bean of Florida) 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 expand and improve the 
advanced manufacturing production tax credit.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Critical Mineral and Extraction Tax 
Parity Act''.

SEC. 2. EXPANSION AND IMPROVEMENT OF ADVANCE MANUFACTURING PRODUCTION 
TAX CREDIT.

(a) Inclusion of Additional Critical Minerals.--
(1) In general.--Section 45X(c)(6) of the Internal Revenue 
Code of 1986 is amended--
(A) in subparagraph (AA), by inserting after clause 
(xxv) the following new clauses:
``(xxvi) Boron.
``(xxvii) Copper.
``(xxviii) Lead.
``(xxix) Metallurgical coal.
``(xxx) Potash.
``(xxxi) Rhenium.
``(xxxii) Silicon.
``(xxxiii) Silver.
``(xxxiv) Uranium.'', and
(B) by adding at the end the following new 
subparagraph:
``(BB) Phosphate.--Phosphate which is--
``(i) converted to--
``(I) phosphoric acid, or
``(II) phosphorus with a minimum 
purity of 99 percent phosphorus by 
mass, or
``(ii) phosphate rock purified to a minimum 
purity of 20 percent phosphorus pentoxide by 
mass suitable for use in the production of 
phosphoric acid.''.
(2) Effective date.--The amendments made by this subsection 
shall apply to minerals produced and sold after December 31, 
2025.
(b) Inclusion of Ore Extraction Costs in Advanced Manufacturing 
Production Credit.--
(1) In general.--Section 45X(d) of the Internal Revenue 
Code of 1986 is amended--
(A) by redesignating the paragraph (4) relating to 
restrictions relating to prohibited foreign entities as 
paragraph (5), and
(B) by adding at the end the following new 
paragraph:
``(6) 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, costs 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 (42 U.S.C. 
19221(a)(1))).
``(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 subsection 
(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.''.
(2) Effective date.--The amendments made by this subsection 
shall apply to amounts paid or incurred after December 31, 
2025.
(c) Repeal of Reduction in Credit Amount for Metallurgical Coal.--
(1) In general.--Section 45X(b)(1)(M) of the Internal 
Revenue Code of 1986 is amended by striking ``(2.5 percent in 
the case of metallurgical coal)''.
(2) Effective date.--The amendment made by this subsection 
shall apply to minerals produced and sold after December 31, 
2025.
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