Section 1 Short title
This Act may be cited as the “Monitoring and Investigating Nations Exploiting States Act of 2022” or the “MINES Act of 2022”.
Monitoring and Investigating Nations Exploiting States Act of 2022
A BILL
To require the Secretary of the Interior to produce a report on Russian and Chinese investments in mining and related industries, and for other purposes.
Sec. 2 Report on investments of the Russian Federation and the People’s Republic of China in foreign mining and processing industries
In general— Not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary, acting through the Director of the United States Geological Survey, in consultation with the Secretary of Commerce, the Secretary of State, and the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report that—
describes the involvement of the Government of the People’s Republic of China, People’s Republic of China state-sponsored companies, and companies incorporated in the People’s Republic of China and the involvement of the Government of the Russian Federation, state-sponsored companies of the Russian Federation, and companies incorporated in the Russian Federation in the exploration, planning, development, operation, production, financing, or ownership of mining or processing facilities as identified in global investment trends by the World Mineral Outlook, and in countries identified in the United States Geological Survey’s Annual Mineral Commodity Summaries for which the United States imports minerals, metals, and materials; and
evaluates strategic or security concerns and implications for United States national security and economic interests and the interests of the countries identified pursuant to paragraph (1) with respect to the People’s Republic of China’s involvement and influence in developing the country’s mining and processing industries.
Publication— The report required under subsection (a) shall be published on the respective websites of the Department of State, the Department of Commerce, the Department of Homeland Security, and the United States Geological Survey.
Secretary— In this section, the term “Secretary” means the Secretary of the Interior.
Appropriate congressional committee defined— In this section, the term “appropriate congressional committees” means—
the Committee on Natural Resources, the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives; and
the Committee on Energy and Natural Resources, the Committee on Foreign Relations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate.
Sec. 3 Report on mineral exploration and development in Afghanistan
Section 7002(d)(1) of the Energy Act of 2020 (30 U.S.C. 1606(d)(1)) is amended—
in subparagraph (A), by striking “and”;
in subparagraph (B), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(C) describes the involvement of the Government of the People’s Republic of China, state sponsored enterprises of such Government, and companies incorporated under the laws of such Government in the exploration, planning, development, operation, production, or ownership of mining or processing facilities in Afghanistan with respect to such mineral.”
Sec. 4 Annual review of critical mineral designations
Section 7002(c)(5)(A) of the Energy Act of 2020 (30 U.S.C. 1606(c)(5)(A)) is amended to read as follows:
“(A) In general—The Secretary, in consultation with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative, shall review the methodology and list under paragraph (3) and the designations under paragraph (4)—
“(i) at least every 3 years;
“(ii) with respect to a specific mineral, element, substance, or material, after any change in circumstances that has a substantial material effect on a factor described in paragraph (4)(A) relating to such mineral, element, substance, or material if such effect is likely to lead to a change in the listing status of such mineral, element, substance, or material under such paragraph; and
“(iii) more frequently as the Secretary considers to be appropriate.”