,i #aahth ,,congress #ast ,session ,h4 ,r4 #fiji ,,in ,,the ,,house ,,of ,,representatives ,december #bi1 #bjbc,mr4 ,smith of ,new ,jersey 7for himself1 ,mr4 ,van ,drew1 and ,mr4 ,nunn of ,iowa7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means1 and in addition to the ,committees on ,foreign ,affairs1 and ,oversight and ,accountability1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to ensure that goods made using or containing cobalt refined in the ,people's ,republic of ,china do not enter the ,united ,states market under the presumption that the cobalt is extracted or processed with the use of child and forced labor in the ,democratic ,republic of ,congo4 #a4 ,short title ,this ,act may be cited as the ,china's ,odious and ,brutally ,atrocious ,labor ,trafficking ,supply ,chain ,act or the ,,cobalt ,supply ,chain ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,cobalt is an essential component of lithium-ion batteries1 which are predominantly used for electric vehicles1 smartphones1 and laptops1 among other electronic devices4 ,according to the ,international ,energy ,agency1 the world is expected to see a fortyfold increase in lithium demand and a twentyfold increase in cobalt demand by #bjdj1 as the demand for electric vehicles is expected to grow significantly during this period4 7#b7 ,more than one-half of the world's cobalt resources are in the ,,drc1 which supplied approximately #gj percent of the global cobalt mine production in #bjba4 7#c7 ,fifteen of the ,,drc's #ai cobalt mines were owned or financed by ,,prc companies4 7#d7 ,firms based in the ,,prc hold a near monopoly in the ,,drc's cobalt sector1 according to the ,biden ,administration4 7#e7 ,the mining industry in the ,,drc is beset with child labor and forced labor1 disregard for worker safety1 and environmental degradation4 7#f7 ,approximately #ae to #cj percent of cobalt produced in the ,,drc comes from artisanal and small-scale mining4 ,an estimated #bee1jjj miners work in artisanal and small-scale mining in the ,,drc1 of whom at least #dj1jjj are children4 7#g7 ,artisanal production was chiefly exported to the ,,prc or processed within the ,,drc by ,,prc firms1 according to an article 8,china1 the ,democratic ,republic of the ,congo1 and artisanal cobalt mining from #bjjj through #bjbj0 published in ,proceedings of the ,national ,academy of ,sciences 7,,pnas71 a peer reviewed journal of the ,national ,academy of ,sciences 7,,nas74 7#h7 ,in the #bjbb ,trafficking in ,persons ,report1 the ,department of ,state emphasized that ,in the ,,drc1 artisanal and small-scale mining of cobalt has been associated with forced child labor and other abuses1 noting further that ,since #bjae1 the ,,tip ,report narratives on the ,,drc have highlighted forced labor of children in artisanal cobalt mines44 ,the ,,drc is on the ,tier #b ,watch ,list1 and will be automatically downgraded to ,tier #c1 subjecting it to sanctions1 if it does not substantively and consistently improve its record on trafficking4 7#i7 ,section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg7 states that it is illegal to import into the ,united ,states goods1 wares1 articles1 and merchandise mined1 produced1 or manufactured wholly or in part by forced labor1 including forced or indentured child labor4 ,such merchandise is subject to exclusion or seizure and may lead to criminal investigation of the importer4 #c4 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 ensure that the ,,prc does not undermine the effective enforcement of section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg72 7#b7 lead the international community in ending child labor and forced labor practices wherever such practices occur through all means available to the ,united ,states ,government1 including by prohibiting the importation of goods made with cobalt or containing cobalt extracted from the ,,drc by companies from the ,,prc2 7#c7 recognize that the ,,prc's dominance in ,,drc's cobalt extraction and the processing and refining of cobalt is a national security concern of the ,united ,states that requires a strategy developed jointly by the ,secretary of ,state1 the ,secretary of ,defense1 the ,secretary of ,commerce1 and the heads of other appropriate ,federal agencies2 and 7#d7 coordinate with ,mexico and ,canada to effectively implement ,article #bc4f of the ,united ,states-,mexico-,canada ,agreement to prohibit the importation of goods produced in whole or in part by forced labor or compulsory labor1 including those goods produced in the ,xinjiang ,uyghur ,autonomous ,region 7,,xuar71 including the processing of cobalt and goods made with cobalt4 #d4 ,rebuttable presumption that covered goods are goods that are made wholly or in part with forced labor or child labor 7a7 ,in general ,except as provided in subsection 7b71 the ,commissioner of ,u4,s4 ,customs and ,border ,protection-- 7#a7 shall apply a presumption that covered goods are goods that are made wholly or in part with forced labor or child labor2 and 7#b7 shall prohibit the entry of such goods at any of the ports and the ,united ,states1 and shall otherwise prohibit the importation of such goods1 in accordance with section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 7b7 ,exception ,the requirements of paragraphs 7#a7 and 7#b7 of subsection 7a7 shall not apply with respect to covered goods if the ,commissioner determines that the importer of record of the covered goods has demonstrated by clear and convincing evidence that such goods do not contain cobalt refined in the ,,prc4 7c7 ,report required ,the ,commissioner shall submit to the appropriate congressional committees and make available to the public1 not later than #cj days after making a determination to apply the exception under subsection 7b7 with respect to any covered goods1 a report identifying the evidence for such determination4 7d7 ,regulations ,the ,commissioner may prescribe regulations-- 7#a7 to implement subsection 7b72 or 7#b7 to amend any other regulations in order to implement this section4 7e7 ,effective date ,this section takes effect on the date that is #ahj days after the date of the enactment of this ,act4 7f7 ,rule of construction ,nothing in this section may be construed to limit the application of regulations in effect on1 or measures taken before1 the date of the enactment of this ,act to prevent the importation of goods mined1 produced1 or manufactured1 wholly or in part1 with forced labor into the ,united ,states1 including withhold release orders issued before such date of enactment4 #e4 ,enforcement strategy to address child labor and forced labor relating to covered goods 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,forced ,labor ,enforcement ,task ,force1 established under section #gda of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dfha71 in consultation with the heads of other relevant ,federal agencies1 shall submit to the appropriate congressional committees a report that-- 7#a7 contains an enforcement strategy of the ,united ,states ,government to effectively address enforcement of section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg7 to prevent the importation into the ,united ,states of covered goods that includes measures that-- 7,a7 can be taken to trace the origin of goods1 offer greater supply chain transparency1 and identify third country supply chain routes for the covered goods2 and 7,b7 ensure that covered goods do not enter the ,united ,states2 7#b7 contains a strategy to ensure that covered goods do not enter the ,united ,states market as goods imported from third countries1 including from ,canada or ,mexico2 7#c7 contains a strategy to ensure that covered goods denied entry to the ,united ,states market do not later enter the ,united ,states market through third countries2 7#d7 describes authorities to seize or destroy covered goods denied entry to the ,united ,states2 and 7#e7 describes measures to address child labor and forced labor in the mining1 production1 smelting1 or processing of metals or minerals1 in particular cobalt and lithium and their derivatives1 in the ,,drc4 7b7 ,matters ,to be included ,the strategy required by subsection 7a7 shall include the following3 7#a7 ,a list of-- 7,a7 covered goods2 7,b7 entities that refine cobalt in the ,,prc2 7,c7 entities that mine cobalt in the ,,prc and whether any of these entities operate in the ,xinjiang ,uyghur ,autonomous ,region 7,,xuar72 7,d7 entities that import covered goods in the ,united ,states2 7,e7 entities1 in the ,,drc1 owned or controlled by ,,prc entities1 or financed by ,,prc state-owned banks or institutions that mine or process cobalt2 and 7,f7 priority sectors for enforcement of imports made with covered ,,prc goods1 with a sector-specific enforcement plan for each priority sector4 7#b7 ,recommendations for efforts1 initiatives1 and tools and technologies to be adopted to ensure that ,u4,s4 ,customs and ,border ,protection can accurately identify and trace covered goods4 7#c7 ,a description of the additional resources necessary for ,u4,s4 ,customs and ,border ,protection and other ,federal entities1 including the ,forced ,labor ,enforcement ,task ,force1 to effectively implement the strategy4 7#d7 ,a description of how the list of entities required by subparagraphs 7,b71 7,c71 and 7,d7 of paragraph 7#a7 shall be regularly updated and reported to the appropriate congressional committees4 7#e7 ,a strategy to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to implement the enforcement strategy for covered goods and to create and update the list of entities required in subparagraphs 7,b7 and 7,c7 of paragraph 7#a74 7c7 ,form ,the report required by subsection 7a7 and any publicly published updates described by subsection 7d7 shall be submitted in unclassified form1 but may include a classified annex1 if necessary4 7d7 ,updates ,after the submission of the strategy required by subsection 7a71 the ,forced ,labor ,enforcement ,task ,force shall provide briefings to the appropriate congressional committees on a quarterly basis and1 as applicable1 on any updates to the strategy required by subsection 7a7 or additional actions taken to address the importation of covered goods1 including actions described in this ,act4 7e7 ,sunset ,this section shall cease to have effect on the earlier of-- 7#a7 the date that is #h years after the date of the enactment of this ,act2 or 7#b7 the date on which the ,president submits to the appropriate congressional committees a determination that child labor and forced labor in the mining industry of the ,,drc has ended1 including artisanal and small-scale mining sectors4 #f4 ,certification that ,federal vehicle purchases are free of parts made or mined with child labor or forced labor 7a7 ,in general ,except as provided in subsection 7b71 not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall certify whether all vehicles purchased in the prior year by the ,united ,states ,government are completely free of parts made or mined1 wholly or in part1 with child labor or forced labor in the ,,drc or the ,xinjiang ,uyghur ,autonomous ,region 7,,xuar74 7b7 ,exception ,the certification required by subsection 7a7 shall not apply with respect to vehicles purchased in the prior year by the ,department of ,defense4 7c7 ,submission to ,congress2 publication in ,federal ,register ,the ,president shall-- 7#a7 submit the certification required by subsection 7a7 to the appropriate congressional committees2 and 7#b7 publish such certification in the ,federal ,register4 7d7 ,documentation for certification ,documentation mapping the supply chains of all the vehicles and their parts1 procured in the prior year by the ,united ,states ,government1 shall be available upon request by ,members of ,congress from the ,department of ,homeland ,security4 #g4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 and the ,committee on ,ways and ,means of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,finance of the ,senate4 7#b7 ,artisanal and small-scale mining ,the term artisanal and small-scale mining-- 7,a7 means mining with minimal to no mechanization2 and 7,b7 includes the use of intensive handtools4 7#c7 ,child labor ,the term child labor means work that deprives children of their childhood1 their potential1 and their dignity1 and that is harmful to physical and mental development1 as such term is commonly used by the ,international ,labour ,organization4 7#d7 ,covered goods ,the term covered goods means goods1 wares1 articles1 or merchandise that contain cobalt refined in the ,,prc4 7#e7 ,,drc ,the term ,,drc means the ,democratic ,republic of the ,congo4 7#f7 ,forced labor ,the term forced labor has the meaning given that term in section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 7#g7 ,,prc ,the term ,,prc means the ,people's ,republic of ,china4