I 

118TH CONGRESS 

1ST SESSION H. R. 6909 

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 Congo. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 29, 2023 

Mr. SMITH of New Jersey (for himself, Mr. VAN DREW, and Mr. NUNN of 

Iowa) introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committees on Foreign Affairs, and Oversight and Accountability, 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 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 Congo. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘China’s Odious and 

3 Brutally Atrocious Labor Trafficking Supply Chain Act’’ 

4 or the ‘‘COBALT Supply Chain Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress makes the following findings: 

7 (1) Cobalt is an essential component of lithium8 ion batteries, which are predominantly used for elec9 tric vehicles, smartphones, and laptops, among other 

10 electronic devices. According to the International 

11 Energy Agency, the world is expected to see a 

12 fortyfold increase in lithium demand and a twenty13 fold increase in cobalt demand by 2040, as the de14 mand for electric vehicles is expected to grow signifi15 cantly during this period. 

16 (2) More than one-half of the world’s cobalt re17 sources are in the DRC, which supplied approxi18 mately 70 percent of the global cobalt mine produc19 tion in 2021. 

20 (3) Fifteen of the DRC’s 19 cobalt mines were 

21 owned or financed by PRC companies. 

22 (4) Firms based in the PRC hold a near mo23 nopoly in the DRC’s cobalt sector, according to the 

24 Biden Administration. 

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1 (5) The mining industry in the DRC is beset 

2 with child labor and forced labor, disregard for 

3 worker safety, and environmental degradation. 

4 (6) Approximately 15 to 30 percent of cobalt 

5 produced in the DRC comes from artisanal and 

6 small-scale mining. An estimated 255,000 miners 

7 work in artisanal and small-scale mining in the 

8 DRC, of whom at least 40,000 are children. 

9 (7) Artisanal production was chiefly exported to 

10 the PRC or processed within the DRC by PRC 

11 firms, according to an article ‘‘China, the Demo12 cratic Republic of the Congo, and artisanal cobalt 

13 mining from 2000 through 2020’’ published in Pro14 ceedings of the National Academy of Sciences 

15 (PNAS), a peer reviewed journal of the National 

16 Academy of Sciences (NAS). 

17 (8) In the 2022 Trafficking in Persons Report, 

18 the Department of State emphasized that ‘‘In the 

19 [DRC,] artisanal and small-scale mining of cobalt 

20 has been associated with forced child labor and other 

21 abuses’’, noting further that ‘‘Since 2015, the TIP 

22 Report narratives on the DRC have highlighted 

23 forced labor of children in artisanal cobalt mines.’’. 

24 The DRC is on the Tier 2 Watch List, and will be 

25 automatically downgraded to Tier 3, subjecting it to 

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1 sanctions, if it does not substantively and consist2 ently improve its record on trafficking. 

3 (9) Section 307 of the Tariff Act of 1930 (19 

4 U.S.C. 1307) states that it is illegal to import into 

5 the United States ‘‘goods, wares, articles, and mer6 chandise mined, produced, or manufactured wholly 

7 or in part’’ by forced labor, including forced or in8 dentured child labor. Such merchandise is subject to 

9 exclusion or seizure and may lead to criminal inves10 tigation of the importer. 

11 SEC. 3. STATEMENT OF POLICY. 

12 It is the policy of the United States to— 

13 (1) ensure that the PRC does not undermine 

14 the effective enforcement of section 307 of the Tariff 

15 Act of 1930 (19 U.S.C. 1307); 

16 (2) lead the international community in ending 

17 child labor and forced labor practices wherever such 

18 practices occur through all means available to the 

19 United States Government, including by prohibiting 

20 the importation of goods made with cobalt or con21 taining cobalt extracted from the DRC by companies 

22 from the PRC; 

23 (3) recognize that the PRC’s dominance in 

24 DRC’s cobalt extraction and the processing and re25 fining of cobalt is a national security concern of the 

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1 United States that requires a strategy developed 

2 jointly by the Secretary of State, the Secretary of 

3 Defense, the Secretary of Commerce, and the heads 

4 of other appropriate Federal agencies; and 

5 (4) coordinate with Mexico and Canada to ef6 fectively implement Article 23.6 of the United 

7 States-Mexico-Canada Agreement to prohibit the im8 portation of goods produced in whole or in part by 

9 forced labor or compulsory labor, including those 

10 goods produced in the Xinjiang Uyghur Autonomous 

11 Region (XUAR), including the processing of cobalt 

12 and goods made with cobalt. 

13 SEC. 4. REBUTTABLE PRESUMPTION THAT COVERED 

14 GOODS ARE GOODS THAT ARE MADE WHOLLY 

15 OR IN PART WITH FORCED LABOR OR CHILD 

16 LABOR. 

17 (a) IN GENERAL.—Except as provided in subsection 

18 (b), the Commissioner of U.S. Customs and Border Pro19 tection— 

20 (1) shall apply a presumption that covered 

21 goods are goods that are made wholly or in part 

22 with forced labor or child labor; and 

23 (2) shall prohibit the entry of such goods at any 

24 of the ports and the United States, and shall other25 wise prohibit the importation of such goods, in acVerDate Sep 11 2014 22:52 Jan 13, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6909.IH H6909
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1 cordance with section 307 of the Tariff Act of 1930 

2 (19 U.S.C. 1307). 

3 (b) EXCEPTION.—The requirements of paragraphs 

4 (1) and (2) of subsection (a) shall not apply with respect 

5 to covered goods if the Commissioner determines that the 

6 importer of record of the covered goods has demonstrated 

7 by clear and convincing evidence that such goods do not 

8 contain cobalt refined in the PRC. 

9 (c) REPORT REQUIRED.—The Commissioner shall 

10 submit to the appropriate congressional committees and 

11 make available to the public, not later than 30 days after 

12 making a determination to apply the exception under sub13 section (b) with respect to any covered goods, a report 

14 identifying the evidence for such determination. 

15 (d) REGULATIONS.—The Commissioner may pre16 scribe regulations— 

17 (1) to implement subsection (b); or 

18 (2) to amend any other regulations in order to 

19 implement this section. 

20 (e) EFFECTIVE DATE.—This section takes effect on 

21 the date that is 180 days after the date of the enactment 

22 of this Act. 

23 (f) RULE OF CONSTRUCTION.—Nothing in this sec24 tion may be construed to limit the application of regula25 tions in effect on, or measures taken before, the date of 

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1 the enactment of this Act to prevent the importation of 

2 goods mined, produced, or manufactured, wholly or in 

3 part, with forced labor into the United States, including 

4 withhold release orders issued before such date of enact5 ment. 

6 SEC. 5. ENFORCEMENT STRATEGY TO ADDRESS CHILD 

7 LABOR AND FORCED LABOR RELATING TO 

8 COVERED GOODS. 

9 (a) IN GENERAL.—Not later than 120 days after the 

10 date of the enactment of this Act, the Forced Labor En11 forcement Task Force, established under section 741 of 

12 the United States-Mexico-Canada Agreement Implementa13 tion Act (19 U.S.C. 4681), in consultation with the heads 

14 of other relevant Federal agencies, shall submit to the ap15 propriate congressional committees a report that— 

16 (1) contains an enforcement strategy of the 

17 United States Government to effectively address en18 forcement of section 307 of the Tariff Act of 1930 

19 (19 U.S.C. 1307) to prevent the importation into the 

20 United States of covered goods that includes meas21 ures that— 

22 (A) can be taken to trace the origin of 

23 goods, offer greater supply chain transparency, 

24 and identify third country supply chain routes 

25 for the covered goods; and 

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1 (B) ensure that covered goods do not enter 

2 the United States; 

3 (2) contains a strategy to ensure that covered 

4 goods do not enter the United States market as 

5 goods imported from third countries, including from 

6 Canada or Mexico; 

7 (3) contains a strategy to ensure that covered 

8 goods denied entry to the United States market do 

9 not later enter the United States market through 

10 third countries; 

11 (4) describes authorities to seize or destroy cov12 ered goods denied entry to the United States; and 

13 (5) describes measures to address child labor 

14 and forced labor in the mining, production, smelting, 

15 or processing of metals or minerals, in particular co16 balt and lithium and their derivatives, in the DRC. 

17 (b) MATTERS TO BE INCLUDED.—The strategy re18 quired by subsection (a) shall include the following: 

19 (1) A list of— 

20 (A) covered goods; 

21 (B) entities that refine cobalt in the PRC; 

22 (C) entities that mine cobalt in the PRC 

23 and whether any of these entities operate in the 

24 Xinjiang Uyghur Autonomous Region (XUAR); 

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1 (D) entities that import covered goods in 

2 the United States; 

3 (E) entities, in the DRC, owned or con4 trolled by PRC entities, or financed by PRC 

5 state-owned banks or institutions that mine or 

6 process cobalt; and 

7 (F) priority sectors for enforcement of im8 ports made with covered PRC goods, with a 

9 sector-specific enforcement plan for each pri10 ority sector. 

11 (2) Recommendations for efforts, initiatives, 

12 and tools and technologies to be adopted to ensure 

13 that U.S. Customs and Border Protection can accu14 rately identify and trace covered goods. 

15 (3) A description of the additional resources 

16 necessary for U.S. Customs and Border Protection 

17 and other Federal entities, including the Forced 

18 Labor Enforcement Task Force, to effectively imple19 ment the strategy. 

20 (4) A description of how the list of entities re21 quired by subparagraphs (B), (C), and (D) of para22 graph (1) shall be regularly updated and reported to 

23 the appropriate congressional committees. 

24 (5) A strategy to coordinate and collaborate 

25 with appropriate nongovernmental organizations and 

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1 private sector entities to implement the enforcement 

2 strategy for covered goods and to create and update 

3 the list of entities required in subparagraphs (B) 

4 and (C) of paragraph (1). 

5 (c) FORM.—The report required by subsection (a) 

6 and any publicly published updates described by sub7 section (d) shall be submitted in unclassified form, but 

8 may include a classified annex, if necessary. 

9 (d) UPDATES.—After the submission of the strategy 

10 required by subsection (a), the Forced Labor Enforcement 

11 Task Force shall provide briefings to the appropriate con12 gressional committees on a quarterly basis and, as applica13 ble, on any updates to the strategy required by subsection 

14 (a) or additional actions taken to address the importation 

15 of covered goods, including actions described in this Act. 

16 (e) SUNSET.—This section shall cease to have effect 

17 on the earlier of— 

18 (1) the date that is 8 years after the date of the 

19 enactment of this Act; or 

20 (2) the date on which the President submits to 

21 the appropriate congressional committees a deter22 mination that child labor and forced labor in the 

23 mining industry of the DRC has ended, including 

24 artisanal and small-scale mining sectors. 

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1 SEC. 6. CERTIFICATION THAT FEDERAL VEHICLE PUR2 CHASES ARE FREE OF PARTS MADE OR 

3 MINED WITH CHILD LABOR OR FORCED 

4 LABOR. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), not later than 90 days after the date of the enactment 

7 of this Act, and annually thereafter, the President shall 

8 certify whether all vehicles purchased in the prior year by 

9 the United States Government are completely free of parts 

10 made or mined, wholly or in part, with child labor or 

11 forced labor in the DRC or the Xinjiang Uyghur Autono12 mous Region (XUAR). 

13 (b) EXCEPTION.—The certification required by sub14 section (a) shall not apply with respect to vehicles pur15 chased in the prior year by the Department of Defense. 

16 (c) SUBMISSION TO CONGRESS; PUBLICATION IN

17 FEDERAL REGISTER.—The President shall— 

18 (1) submit the certification required by sub19 section (a) to the appropriate congressional commit20 tees; and 

21 (2) publish such certification in the Federal 

22 Register. 

23 (d) DOCUMENTATION FOR CERTIFICATION.—Docu24 mentation mapping the supply chains of all the vehicles 

25 and their parts, procured in the prior year by the United 

26 States Government, shall be available upon request by 

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1 Members of Congress from the Department of Homeland 

2 Security. 

3 SEC. 7. DEFINITIONS. 

4 In this Act: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on Foreign Affairs, the 

9 Committee on Financial Services, and the Com10 mittee on Ways and Means of the House of 

11 Representatives; and 

12 (B) the Committee on Foreign Relations, 

13 the Committee on Banking, Housing, and 

14 Urban Affairs, and the Committee on Finance 

15 of the Senate. 

16 (2) ARTISANAL AND SMALL-SCALE MINING.— 

17 The term ‘‘artisanal and small-scale mining’’— 

18 (A) means mining with minimal to no 

19 mechanization; and 

20 (B) includes the use of intensive handtools. 

21 (3) CHILD LABOR.—The term ‘‘child labor’’ 

22 means work that deprives children of their child23 hood, their potential, and their dignity, and that is 

24 harmful to physical and mental development, as such 

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1 term is commonly used by the International Labour 

2 Organization. 

3 (4) COVERED GOODS.—The term ‘‘covered 

4 goods’’ means goods, wares, articles, or merchandise 

5 that contain cobalt refined in the PRC. 

6 (5) DRC.—The term ‘‘DRC’’ means the Demo7 cratic Republic of the Congo. 

8 (6) FORCED LABOR.—The term ‘‘forced labor’’ 

9 has the meaning given that term in section 307 of 

10 the Tariff Act of 1930 (19 U.S.C. 1307). 

11 (7) PRC.—The term ‘‘PRC’’ means the Peo12 ple’s Republic of China. 

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