117 HR 8911 IH: Monitoring and Investigating Nations Exploiting States Act of 2022 U.S. House of Representatives 2022-09-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8911IN THE HOUSE OF REPRESENTATIVESSeptember 20, 2022Mr. Calvert (for himself and Mr. Westerman) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo require the Secretary of the Interior to produce a report on Russian and Chinese investments in mining and related industries, and for other purposes.

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.

2.

Report on investments of the Russian Federation and the People’s Republic of China in foreign mining and processing industries

(a)

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— (1)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 (2)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. (b)

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. (c)

Secretary

In this section, the term Secretary means the Secretary of the Interior. (d)

Appropriate congressional committee defined

In this section, the term appropriate congressional committees means— (1)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 (2)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.

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— (1)in subparagraph (A), by striking and; (2)in subparagraph (B), by striking the period at the end and inserting ; and; and (3)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..

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..