Democratic Republic of the Congo, the Secretary of State 
shall ensure that such reports include a description of any 
instances or patterns of practice that indicate that the ex-
traction and cross-border trade in conflict minerals has 
negatively affected human rights conditions or supported 
specific human rights violations, sexual or gender-based 
violence, or labor abuses in the eastern region of the 
Democratic Republic of the Congo, during the period cov-
ered by each such report. 
(e) ANNUAL ORGANIZATION FOR ECONOMIC CO-OP-
ERATION AND DEVELOPMENT INVESTMENT COMMITTEE 
REPORT.—In preparing the United States’ annual report 
to the Organization for Economic Co-operation and Devel-
opment Investment Committee, the Secretary of State 
shall include a description of efforts by the United States 
to ensure, consistent with the Organization for Economic 
Co-operation and Development Guidelines for Multi-
national Enterprises, that enterprises under United States 
jurisdiction are exercising due diligence to ensure that 
their purchases of minerals or metals are not originating 
from mines and trading routes that are used to finance 
or benefit armed groups in the Democratic Republic of 
the Congo. 
(f) SUPPORT OF MANDATE OF UNITED NATIONS 
GROUP OF EXPERTS ON THE DEMOCRATIC REPUBLIC OF 
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THE CONGO.—The President, acting through the Sec-
retary of State, the United States Permanent Representa-
tive to the United Nations, and other appropriate United 
States Government officials, shall use the voice and vote 
of the United States at the United Nations Security Coun-
cil to renew the mandate and strengthen the capacity of 
the United Nations Group of Experts on the Democratic 
Republic of the Congo to investigate links between natural 
resources and the financing of armed groups, and ensure 
that the Group of Experts’ recommendations are given se-
rious consideration. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of State 
for fiscal year 2010 and each subsequent fiscal year for 
which the Secretary certifies to the appropriate congres-
sional committees that a state of war is expected to con-
tinue to exist in the Democratic Republic of the Congo 
such sums as may be necessary to carry out this section. 
SEC. 5. SENSE OF CONGRESS ON ASSISTANCE FOR AF-
FECTED COMMUNITIES AND SUSTAINABLE 
LIVELIHOODS. 
(a) SENSE OF CONGRESS ON ASSISTANCE FOR AF-
FECTED COMMUNITIES.—It is the sense of Congress that 
the Administrator of the United States Agency for Inter-
national Development should expand and better coordinate 
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programs to assist and empower communities in the east-
ern Democratic Republic of the Congo whose livelihoods 
depend on the mineral trade, particularly— 
(1) communities affected by sexual and gender 
based violence; 
(2) communities affected by use of child sol-
diers and forced child servitude; and 
(3) individuals displaced and communities af-
fected by violence. 
(b) SENSE OF CONGRESS ON FUTURE YEAR FUND-
ING.—It is the sense of Congress that the Secretary of 
State and the Administrator of the United States Agency 
for International Development should work with the Com-
mittee on Foreign Affairs and the Committee on Appro-
priations of the House of Representatives and the Com-
mittee on Foreign Relations and the Committee on Appro-
priations of the Senate to increase assistance beginning 
in fiscal year 2010 for communities affected by violence 
in the Democratic Republic of the Congo, specifically to— 
(1) provide medical treatment, psychological 
support, and rehabilitation assistance for survivors 
of sexual and gender-based violence; 
(2) provide humanitarian relief and basic serv-
ices to people displaced by violence; 
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(3) improve living conditions and livelihood 
prospects for artisanal miners and mine workers; 
and 
(4) alleviate poverty by reconstructing infra-
structure and revitalizing agricultural production. 
(c) SENSE OF CONGRESS ON COORDINATION OF AS-
SISTANCE.—It is the sense of Congress that the United 
States should work with other countries, on a bilateral and 
multilateral basis to— 
(1) increase protection and services for commu-
nities in the eastern Democratic Republic of the 
Congo at risk of human rights violations associated 
with the mineral trade, particularly women and girls; 
(2) strengthen the management and trade of 
natural resources in the Democratic Republic of the 
Congo; and 
(3) improve the conditions and livelihood pros-
pects of artisan miners and mine workers. 
SEC. 6. IDENTIFICATION OF COMMERCIAL GOODS CON-
TAINING CONFLICT MINERALS. 
(a) LIST OF GOODS CONTAINING CONFLICT MIN-
ERALS.—Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the Sec-
retary of Commerce, in cooperation with the Secretary of 
State, the International Trade Commission, and the Com-
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missioner responsible for U.S. Customs and Border Pro-
tection, shall determine and publish in the Federal Reg-
ister a list of those articles specified in the Harmonized 
Tariff Schedule of the United States that should be identi-
fied as likely containing conflict minerals. Such list shall 
be referred to as the ‘‘Potential Conflict Goods List’’. 
(b) CREATING LIST OF APPROVED AUDITORS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act and an-
nually thereafter, the Secretary of Commerce, in co-
operation with the Secretary of State, the Inter-
national Trade Commission, and in consultation with 
nongovernmental organizations and manufacturing 
industry representatives, shall determine and publish 
in the Federal Register a list which contains a suffi-
cient number of approved private sector auditing 
services qualified to audit the processing facilities 
worldwide of conflict minerals. 
(2) UPDATE.—The Secretary of Commerce 
shall update the list required under paragraph (1) 
not less than once every 12 months and publish in 
the Federal Register the updated list. The Secretary 
of State shall work with and encourage relevant for-
eign governments to issue visas for auditors who are 
United States citizens for purposes of travel relating 
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(3) PUBLICATION IN FEDERAL REGISTER.—The 
Secretary of Commerce shall publish in the Federal 
Register the reports of private sector auditing serv-
ices pursuant to paragraph (2) for those facilities 
that are audited pursuant to paragraph (1), includ-
ing— 
(A) whether any such facility has been cer-
tified as ‘‘conflict mineral free’’ or a ‘‘conflict 
mineral facility’’; and 
(B) if such service determines that the fa-
cility is a ‘‘conflict mineral facility’’, the mine 
or local area of origin of the conflict minerals 
likely to have financed conflict in the Demo-
cratic Republic of the Congo. 
(4) ADDITIONAL AUDITS.—Processing facilities 
worldwide of conflict minerals may request addi-
tional audits from private sector auditing services 
approved by the Secretary pursuant to subsection 
(b). Any such additional audits shall be non-binding 
and may remain private. 
(d) AUDITING PROTOCOL AND CONTENTS.— 
(1) IN GENERAL.—The Secretary of Commerce 
shall seek to ensure that, in carrying out audits in 
accordance with subsection (c) by private sector au-
diting services approved by the Secretary pursuant 
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to subsection (b), such services follow an audit pro-
tocol that includes the following: 
(A) Determination of the mines of origin 
of processed materials. 
(B) Verification of the chain of custody of 
minerals obtained and processed during the pre-
ceding four months, to verify whether revenues 
from possession, sale, or taxation of conflict 
minerals are flowing to parties financing con-
flict in the Democratic Republic of the Congo. 
(C) Investigation of mineral sourcing and 
chain of custody in the Democratic Republic of 
the Congo and other countries, as necessary,
to verify the information provided by suppliers. 
(2) TIMING OF AUDITS.—Audits shall be ran-
domly timed, but not without notice, in recognition 
of the rights of processing facilities worldwide and 
the sovereignty of the country in which they are lo-
cated of conflict minerals. 
SEC. 7. REQUIREMENTS RELATING TO IMPORTATION OF 
ARTICLES 
CONTAINING 
CONFLICT 
MIN-
ERALS. 
(a) DECLARATION OF CERTAIN ARTICLES.— 
(1) IN GENERAL.—Beginning on the date that 
is one year after the date of publication in the Fed-
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eral Register of the initial list of approved private 
sector auditing services under section 6(b)(1) or two 
years after the date of the enactment of this Act, 
whichever occurs later, importers that import arti-
cles specified in the Harmonized Tariff Schedule of 
the United States that are identified pursuant to 
section 6(a) as included on the Potential Conflict 
Goods List shall certify on the importer’s Customs 
declaration that such articles ‘‘contain conflict min-
erals’’ or are ‘‘conflict mineral free’’ in accordance 
with section 6(c). Articles that contain components 
using conflict minerals from a facility audited and 
certified by an auditor on the list referred to in sub-
section 6(b) as— 
(A) ‘‘conflict mineral free’’ shall be des-
ignated as ‘‘conflict mineral free’’; and 
(B) a ‘‘conflict mineral facility’’ shall be 
designated as ‘‘contains conflict minerals’’. 
(2) SPECIAL RULES.—For the purposes of this 
Act— 
(A) recycled derivatives of conflict minerals 
shall be considered ‘‘conflict mineral free’’; and 
(B) articles that contain only components 
sourced from processing facilities that are ‘‘con-
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flict mineral free’’ may be labeled ‘‘conflict min-
eral free’’. 
(b) PROHIBITION ON IMPORTATION OF CERTAIN AR-
TICLES.—Unrefined conflict minerals, not including their 
derivatives from a conflict zone mine that is in raw or 
unrefined form for any commercial purpose may not be 
imported into the United States. Beginning on the date 
that is two years after the date of the enactment of this 
Act, articles made wholly or in part with components con-
taining conflict minerals from facilities that have not been 
audited in accordance with section 6(c) may not be im-
ported into the United States. 
(c) EXEMPTION.—The President may exempt articles 
from inclusion on Potential Conflict Goods List and pub-
lish notice to this effect in the Federal Register, if the 
President— 
(1) determines that such an exemption is in the 
national security interest of the United States and 
includes the reasons therefor; and 
(2) establishes a date, not later than two years 
after the initial publication of such exemption, on 
which such exemption shall expire. 
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SEC. 8. REPORT BY UNITED STATES TRADE REPRESENTA-
TIVE. 
(a) IN GENERAL.—Not later than 180 days after the 
implementation of the requirements of sections 6 and 7 
and every 180 days thereafter, the United States Trade 
Representative, in consultation with the Commissioner re-
sponsible for U.S. Customs and Border Protection, shall 
publish in the Federal Register a list of those importers 
that have imported into the United States articles that 
‘‘contain conflict minerals’’ in the preceding 180-day pe-
riod. 
(b) MATTERS TO BE INCLUDED.—Each report re-
quired under subsection (a) shall, with respect to each im-
porter identified under subsection (a), include the fol-
lowing information irrespective of whether any party to 
the importation has requested confidentiality: the carrier 
code, vessel country code, vessel name, voyage number, 
district/port of unlading, estimated arrival date, bill of lad-
ing number, foreign port of lading, manifest quantity, 
manifest units, weight, weight unit, shipper name, shipper 
address, consignee name, consignee address, notify party 
name, notify party address, piece count, description of 
goods, brand, manufacturing company, container number, 
and seal number. 
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SEC. 9. PENALTIES. 
(a) PENALTIES
RELATING
TO
CONFLICT
MIN-
ERALS.—If any person, by fraud, gross negligence, or neg-
ligence, enters, introduces, or attempts to enter or intro-
duce any good that contains one or more conflict minerals 
(as such term is defined in section 11) into the territory 
of the United States by means of inaccurate information 
with respect to the imported good, such person shall be 
subject to penalties pursuant to section 592 of the Tariff 
Act of 1930 (19 U.S.C. 1592). 
(b) PUBLICATION IN THE FEDERAL REGISTER.—The 
Commissioner responsible for U.S. Customs and Border 
Protection and the Secretary of Commerce shall publish 
in the Federal Register in a timely manner a list of all 
penalties imposed under subsection (a). 
SEC. 10. REPORTS BY GOVERNMENT ACCOUNTABILITY OF-
FICE. 
(a) INITIAL REPORT.—Not later than 36 months 
after the date of the enactment of this Act and annually 
thereafter, the Comptroller General of the United States 
shall submit to Congress a report that includes the fol-
lowing: 
(1) An assessment of the accuracy of the ap-
proved private sector auditing services under section 
6. 
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(2) Recommendations for such auditing services 
to— 
(A) improve the accuracy of such auditing 
services; and 
(B) establish standards of best practices. 
(b) FOLLOW-UP
REPORTS.—Not later than 36 
months after the date of the enactment of this Act and 
annually thereafter, the Comptroller General of the United 
States shall submit to Congress a report that includes the 
following: 
(1) An assessment of the effectiveness of the 
provisions of this Act. 
(2) A description of the problems, if any, en-
countered by the Department of Commerce, the De-
partment of State, the Office of the United States 
Trade Representative, U.S. Customs and Border 
Protection, and the Administrator of the United 
States Agency for International Development in car-
rying out the provisions of this Act. 
(3) A description of the adverse impacts of car-
rying out the provisions of this Act, if any, on coun-
tries with columbite-tantalite (coltan), cassiterite, 
wolframite, or their derivatives, and in particular, 
communities in the eastern Democratic Republic of 
the Congo. 
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(4) Recommendations for legislative or regu-
latory actions that can be taken to— 
(A) improve the effectiveness of the provi-
sions of this Act to promote peace and security 
in accordance with section 3; 
(B) resolve the problems described in para-
graph (2), if any; and 
(C) mitigate the adverse impacts described 
in paragraph (3), if any. 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Appropriations, the 
Committee on Foreign Affairs, the Committee 
on Ways and Means, and the Committee on Fi-
nancial Services of the House of Representa-
tives; and 
(B) the Committee on Appropriations, the 
Committee on Foreign Relations, the Com-
mittee on Finance, and the Committee on 
Banking, Housing, and Urban Affairs of the 
Senate. 
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(2) ARMED GROUP.—The term ‘‘armed group’’ 
means armed groups identified as perpetrators of se-
rious human rights abuses in the annual Country 
Reports on Human Rights Practices under sections 
116(d) and 502B(b) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2151n(d) and 2304(b)) relating 
to the Democratic Republic of the Congo or coun-
tries that share a border with the Democratic Re-
public of the Congo. 
(3) CONFLICT MINERALS.—The term ‘‘conflict 
minerals’’ means columbite-tantalite (coltan), cas-
siterite, wolframite, or their derivatives, or any other 
mineral determined by the Secretary of State to be 
financing conflict in the Democratic Republic of the 
Congo. 
(4) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the customs territory of the United 
States, as defined in general note 2 of the Har-
monized Tariff Schedule of the United States. 
SEC. 12. SUNSET. 
This Act shall expire on the date on which the Presi-
dent determines and certifies to the appropriate congres-
sional committees, but in no case earlier than the date 
that is one day after end of the 2-year period beginning 
on the date of the enactment of this Act, that— 
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(1) no armed group is a party to any ongoing 
armed conflict in the Democratic Republic of the 
Congo and is involved in the mining, sale, or export 
of one or more conflict minerals; or 
(2) a regional framework has been established 
and effectively implemented to monitor and regulate 
trade and commerce in conflict minerals so that such 
activities do not benefit armed groups in the Demo-
cratic Republic of the Congo. 
Æ 
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