United States Legal Gold and Mining Partnership Act
- Bill Number
- S. 799
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- International Affairs
- Status
- Introduced
- Latest Action
- 2025-02-27: Read twice and referred to the Committee on Foreign Relations.
- Last Updated
- 2026-04-22T23:37:07Z
AI-Generated Summary
Purpose of the Legislation
The United States Legal Gold and Mining Partnership Act (S. 799) aims to create a multi-year strategy to combat illicit gold mining in the Western Hemisphere. Illicit gold mining refers to illegal extraction and trade of gold, often linked to criminal groups. The goal is to reduce its harmful effects on the environment (like deforestation and water pollution), social issues (such as human trafficking and displacement of communities), and regional security by disrupting ties to transnational crime, drug cartels, and terrorist organizations.
Key Provisions
- Development of the Legal Gold and Mining Partnership Strategy: The Secretary of State, working with agencies like the Departments of Treasury, Homeland Security, Justice, Interior, and USAID, must create a comprehensive plan within 180 days of enactment. The strategy includes:
- Breaking connections between small-scale mining (artisanal and small-scale mining, or ASM—simple, low-tech operations often in unregulated areas) and criminal groups.
- Preventing mining in protected natural areas to protect resources like water, forests, and wildlife.
- Countering financial gains from illicit gold through due diligence (careful checks on sources), responsible sourcing (ensuring ethical supply chains), anti-money laundering efforts, and sanctions on involved parties.
- Building law enforcement capacity in partner countries to tackle related crimes like human trafficking, child labor, and smuggling of hazardous materials (e.g., mercury used in gold processing).
- Supporting existing U.S. agreements with Peru (2017) and Colombia (2018) to fight illicit mining, and promoting formal licensing for miners to shift them to legal operations.
- Engaging industry for better technology, civil society to address environmental harms (e.g., mercury-free methods), and miners with training, financing, and protection from extortion.
- Specific actions against illicit trade in Nicaragua using existing U.S. sanctions, and aid for journalists investigating these issues.
- An assessment of challenges, like links to Venezuela's Maduro regime and health risks from chemicals, plus details on needed foreign aid.
- Semiannual briefings to Congress for three years on progress, including public-private partnerships.
- Classified Briefing on Venezuela: Within 90 days, a secure report to Congress on illicit gold activities there, involving groups like the ELN (a Colombian guerrilla organization) and foreign ties (e.g., Turkey, Iran).
- Investigation of Venezuela's Illicit Gold Trade: Coordinated U.S. efforts with allies for financial probes, intelligence sharing, and technical help to impose sanctions on Maduro officials and launderers linked to terrorists or drug groups.
- International Cooperation: U.S. representatives at global bodies (e.g., development banks) to rally support, resources, and policies.
- Public-Private Partnership for Responsible Gold: Consult Switzerland's Better Gold Initiative for best practices. Partner with Colombia, Ecuador, Peru, and others to formalize ASM, improve traceability and certification (e.g., following OECD guidelines for conflict-free minerals), raise awareness of financing, involve civil society for community consent, connect ethical suppliers to U.S. firms, and host a meeting with private sector and partners to commit to better due diligence.
- Funding: Authorizes up to $10 million from State Department funds for fiscal years 2025 and 2026 to implement the strategy.
Significant Changes to Existing Law
This bill introduces new requirements without directly amending prior laws. It builds on existing tools like Executive Orders targeting Venezuela (e.g., EO 13850 for asset blocking, EO 14088 for Nicaragua sanctions) and memoranda with Peru and Colombia. Key additions include mandating a formal, multi-year U.S. strategy with specific elements, required briefings, international investigations, and public-private initiatives—none of which existed before. It also expands U.S. support for anti-money laundering and sanctions frameworks in partner countries.
Potential Impacts
- On Government Agencies: Increases workload for the State Department (leading strategy and partnerships), Treasury (sanctions and finance tracking), Justice (investigations), and others like DHS and USAID (border and aid roles). Requires coordination and reporting, potentially straining resources but authorizing modest funding.
- On Citizens: Indirect benefits for U.S. citizens through reduced transnational crime (e.g., less money laundering entering U.S. markets) and safer imports. In affected regions, it could improve safety for miners and communities by curbing violence, exploitation, and health risks from pollution.
- On International Relations: Strengthens U.S. ties with democratic allies like Colombia, Peru, and Ecuador via cooperation on mining and crime. Pressures adversarial regimes (Venezuela's Maduro, Nicaragua's Ortega-Murillo) through sanctions and exposure, potentially escalating tensions but fostering regional anti-crime alliances. Promotes global standards, aiding environmental and human rights efforts in Latin America and the Caribbean.
Main Stakeholders Affected
- U.S. Government Agencies: State, Treasury, Justice, DHS, Interior, USAID—tasked with strategy implementation, briefings, and investigations.
- Foreign Governments: Democracies in the Western Hemisphere (e.g., Colombia, Peru, Ecuador) for partnerships; adversarial ones (Venezuela, Nicaragua) face sanctions and scrutiny.
- Mining Communities and Civil Society: Artisanal miners (gaining formalization support), indigenous groups (protected from displacement and harms), and NGOs (involved in environmental and consent efforts).
- Private Sector: Gold industry players (encouraged for responsible sourcing and traceability), financial institutions (anti-money laundering compliance), and companies (access to ethical suppliers).
- Illicit Actors: Criminal organizations, drug cartels, terrorists (e.g., ELN, FARC dissidents), and corrupt officials—targeted for disruption, facing financial and legal barriers.
- Journalists and Local Experts: Receive U.S. aid for investigations.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces U.S. authority under existing sanctions laws (e.g., via Treasury's Office of Foreign Assets Control) and foreign assistance statutes, without new enforcement powers. Promotes international standards like OECD due diligence, potentially influencing trade laws. Authorizes appropriations, ensuring congressional oversight through briefings.
- Constitutional: Aligns with Congress's powers over foreign affairs, commerce, and appropriations; no direct challenges to executive authority, as it coordinates with the President.
- Political: Bipartisan sponsorship (Senators Cornyn and Kaine) signals broad support for countering Latin American crime and environmental threats. Highlights U.S. focus on human rights and anti-corruption, but could politicize aid by targeting specific regimes, risking diplomatic backlash. Emphasizes public-private models, blending diplomacy with economic incentives for global supply chain ethics.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-02-27: Read twice and referred to the Committee on Foreign Relations.
- 2025-02-27: Introduced in Senate
Bill Versions
- United States Legal Gold and Mining Partnership Act — issued 2025-02-27 — PDF (22 pages)