I 
111TH CONGRESS 
1ST SESSION H. R. 4128 
To improve transparency and reduce trade in conflict minerals, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2009 
Mr. MCDERMOTT (for himself, Mr. WOLF, Mr. FRANK of Massachusetts, and 
Mr. PAYNE) introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs, and in addition to the Committees on Ways 
and Means and Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To improve transparency and reduce trade in conflict 
minerals, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Conflict Minerals 
Trade Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) The Democratic Republic of the Congo was 
devastated by a civil war in 1996 and 1997 and a 
war that began in 1998 and ended in 2003, which 
resulted in widespread human rights violations and 
the intervention of multiple armed forces and armed 
non-state actors from other countries in the region. 
(2) Despite the signing of a peace agreement 
and subsequent withdrawal of foreign forces in 
2003, the eastern region of the Democratic Republic 
of the Congo has continued to suffer from high lev-
els of poverty, insecurity, and a culture of impunity, 
in which armed groups and military forces continue 
to commit widespread human rights abuses. 
(3) According to a study by the International 
Rescue Committee released in January 2008, con-
flict and related humanitarian crisis in the Demo-
cratic Republic of the Congo have resulted in the 
deaths of an estimated 5,400,000 people since 1998 
and continue to cause as many as 45,000 deaths 
each month. 
(4) Sexual violence and rape remain pervasive 
tools of combat used by all parties in eastern region 
of the Democratic Republic of the Congo to terrorize 
and destroy communities. Sexual violence and rape 
affect hundreds of thousands of women and girls, 
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frequently resulting in traumatic fistula, other severe 
genital injuries, and long-term psychological trauma. 
(5) The use of child soldiers on the front lines, 
as bonded labor, and as sex slaves is a widespread 
phenomenon among armed groups in the region. 
(6) A report released by the Government Ac-
countability Office in December 2007 describes how 
the mismanagement and illicit trade of extractive re-
sources from the Democratic Republic of the Congo 
supports conflict between militias and armed domes-
tic factions in neighboring countries. 
(7) In its final report, released on December 
12, 2008, the United Nations Group of Experts on 
the Democratic Republic of the Congo found armed 
groups in the eastern region of the Democratic Re-
public of the Congo continue to fight over, illegally 
plunder, and profit greatly from the trade of colum-
bite-tantalite (coltan), cassiterite, wolframite, and 
gold in the eastern Congo. 
(8) United Nations Security Council Resolution 
1857, unanimously adopted on December 22, 
2008— 
(A) broadens existing sanctions relating to 
the Democratic Republic of the Congo to in-
clude ‘‘individuals or entities supporting the 
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armed groups . . . through illicit trade of nat-
ural resources,’’; and 
(B) encourages member countries to en-
sure that companies handling minerals from the 
Democratic Republic of the Congo exercise due 
diligence on their suppliers, including— 
(i) determining the precise identity of 
the deposits from which the minerals they 
intend to purchase have been mined; 
(ii) establishing whether or not these 
deposits are controlled or taxed by armed 
groups; and 
(iii) refusing to buy minerals known 
to originate, or suspected to originate, 
from deposits controlled or taxed by armed 
groups. 
(9) The illicit trade by armed groups and mili-
tias in eastern Congo in columbite-tantalite (coltan), 
cassiterite, wolframite, and gold continues to flour-
ish, fuels war, robs the people of Congo of a valuable 
and legitimate resource, and undermines the peace-
ful evolution of the Government of the Democratic 
Republic of the Congo. 
(10) Mineral derivatives from the Democratic 
Republic of the Congo are used in industrial and 
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technology products worldwide, including mobile tele-
phones, laptop computers, and digital video record-
ers. 
(11) In February 2009, the Electronic Industry 
Citizenship Coalition and the Global e-Sustainability 
Initiative released a statement asserting that— 
(A) use by the information communications 
technology industry of mined commodities that 
support conflict in such countries as the Demo-
cratic Republic of the Congo is unacceptable; 
and 
(B) consumer electronics companies can 
and should uphold responsible practices in their 
operations and work with suppliers to meet so-
cial and environmental standards with respect 
to the raw materials used in the manufacture of 
their products. 
(12) Companies that create and sell products 
that include columbite-tantalite (coltan), cassiterite, 
wolframite, and their derivatives, and gold have the 
ability to influence the situation in the Democratic 
Republic of the Congo by— 
(A) exercising due diligence over their 
manufacturing processes, ensuring they and 
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their suppliers use raw materials in a manner 
that does not— 
(i) directly finance armed conflict; 
(ii) result in labor or human rights 
violations; or 
(iii) damage the environment; 
(B) verifying the country and mine from 
which the minerals used to build their products 
originate; and 
(C) committing to support mineral export-
ers from the Democratic Republic of the Congo 
that certify that their minerals do not— 
(i) directly finance armed conflict; 
(ii) result in labor or human rights 
violations; or 
(iii) damage the environment. 
(13) There are ample sources of columbite-tan-
talite (coltan), cassiterite, and wolframite in non- 
conflict areas of the Congo and worldwide; proc-
essing columbite-tantalite, cassiterite, and wolf-
ramite for commercial use requires sophisticated 
technology; there are a limited number of processing 
facilities worldwide for columbite-tantalite, cas-
siterite, wolframite, and their derivatives; and deter-
mining the sources of columbite-tantalite, cassiterite, 
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wolframite, and their derivatives used by processing 
facilities has already been successfully done at low 
cost. 
(14) Article XX of the General Agreement on 
Tariffs and Trade provides that nothing in such 
Agreement shall be construed to prevent the adop-
tion or enforcement by any contracting party of 
measures necessary to protect public morals. As 
such, the United States has the right to restrict the 
importation of goods that are harmful to the life and 
health of miners and others in the Democratic Re-
public of the Congo, including the importation of co-
lumbite-tantalite (coltan), cassiterite, wolframite, or 
their derivatives. 
SEC. 3. STATEMENT OF POLICY. 
It is the policy of the United States, as affirmed by 
the Democratic Republic of the Congo Relief, Security, 
and Democracy Promotion Act of 2006 (Public Law 109– 
456; 22 U.S.C. 2151 note) and consistent with United Na-
tions Security Council Resolution 1857 (2008), to promote 
peace and security in the eastern Democratic Republic of 
the Congo by supporting efforts of the Government of the 
Democratic Republic of the Congo, other governments in 
the Great Lakes Region of Africa, and the international 
community to— 
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(1) monitor and stop commercial activities in-
volving the natural resources of the Democratic Re-
public of the Congo that contribute to the activities 
of armed groups and human rights violations in the 
Democratic Republic of the Congo; and 
(2) develop stronger governance and economic 
institutions that can facilitate and improve trans-
parency in the cross-border trade involving the nat-
ural resources of the Democratic Republic of the 
Congo in order to reduce exploitation by armed 
groups and promote local and regional development. 
SEC. 4. INVESTIGATION, REPORTS, AND STRATEGY RE-
GARDING CONFLICT MINERALS AND HUMAN 
RIGHTS ABUSES IN THE DEMOCRATIC RE-
PUBLIC OF THE CONGO. 
(a) CONGO CONFLICT MINERAL-RICH ZONES MAP, 
AND ARMED GROUPS.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of State, in consultation with the Secretary of 
Defense, shall, in accordance with the recommenda-
tion of the United Nations Group of Experts on the 
Democratic Republic of the Congo in their December 
2008 report, work with other member states of the 
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United Nations and local and international non-
governmental organizations to— 
(A) produce a map of mineral-rich zones 
and areas under the control of armed groups in 
the Democratic Republic of the Congo; 
(B) make such map available to the public; 
and 
(C) provide to the appropriate congres-
sional committees, in classified form if nec-
essary, an explanatory note describing in gen-
eral terms the sources of information from 
which such map is based, the definition of the 
term ‘‘control of armed groups’’ utilized (for ex-
ample, physical control of mines or forced labor 
of civilians, control of trade routes, and tax-
ation or extortion of goods in transit), and the 
identification, where possible, of the armed 
groups or other forces in control of the mines 
depicted. 
(2) DESIGNATION.—The map required under 
this subsection shall be known as the ‘‘Congo Con-
flict Minerals Map’’, and mines located in areas 
under the control of armed groups in the Democratic 
Republic of the Congo, as depicted on such Congo 
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Conflict Minerals Map, shall be known as ‘‘conflict 
zone mines’’. 
(3) UPDATES.—The Secretary of Defense, in 
consultation with the Secretary of State, shall up-
date the map required under paragraph (1) not less 
frequently than once every 180 days until the Sec-
retary of Defense certifies to Congress that no 
armed group that is a party to any ongoing armed 
conflict in the Democratic Republic of the Congo or 
any other country is involved in the mining, sale, or 
export of conflict minerals or gold, or the control 
thereof, or derives any benefits from such activities. 
(4) PUBLICATION IN FEDERAL REGISTER.—The 
Secretary of State may add minerals to the list of 
conflict minerals. The Secretary shall publish in the 
Federal Register notice of intent to declare a min-
eral as a conflict mineral not later than one year be-
fore such declaration. 
(b) GUIDANCE FOR COMMERCIAL ENTITIES.— 
(1) IN GENERAL.—The Secretary of State and 
the Secretary of Commerce shall work with other 
member states of the United Nations, local and 
international nongovernmental organizations, and 
other interested parties to provide guidance to com-
mercial entities seeking to exercise due diligence, in-
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cluding documentation on the origin and chain of 
custody for their products, on their suppliers to en-
sure that conflict minerals used in their products do 
not— 
(A) directly finance armed conflict; 
(B) result in labor or human rights viola-
tions; or 
(C) damage the environment. 
(2) COOPERATION.—The Secretary of State and 
the Secretary of Commerce shall work with commer-
cial entities and other interested parties to identify 
best practices and opportunities to improve trans-
parency of the supply chains of such commercial en-
tities engaged in commerce or trade with products 
that contain one or more derivatives of conflict min-
erals. 
(c) STRATEGY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of State shall, working with the Administrator 
of the United States Agency for International Devel-
opment, submit to the appropriate congressional 
committees a strategy to address the linkages that 
exist between human rights abuses, armed groups, 
and the mining of conflict minerals. 
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(2) CONTENTS.—The strategy required by 
paragraph (1) shall include the following: 
(A) A plan to assist governments plagued 
by conflict establishing and effectively imple-
menting the necessary frameworks and institu-
tions to formalize and improve transparency in 
the trade of conflict minerals. 
(B) An outline of assistance currently 
being provided to the Democratic Republic of 
the Congo and an assessment of future assist-
ance that could be provided by the Government 
of the United States to help the Democratic Re-
public of the Congo to strengthen the manage-
ment and export of natural resources. 
(C) A description of punitive measures 
that could be taken against individuals or enti-
ties whose commercial activities are supporting 
armed groups and human rights violations in 
the Democratic Republic of the Congo. 
(d) ANNUAL HUMAN RIGHTS REPORTS.—In pre-
paring those portions of 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 Repub-
lic of the Congo or countries that share a border with the 
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to auditing of processing facilities described in para-
graph (1). 
(c) REGULAR AUDITING OF FACILITIES FOR USE OF 
CONFLICT MINERALS.— 
(1) IN GENERAL.—The Secretary of Commerce 
shall seek to ensure that facilities that process con-
flict minerals and whose resulting materials are used 
in products shipped into the United States subject 
themselves to random audits not less than every four 
months by private sector auditing services approved 
by the Secretary pursuant to subsection (b) to cer-
tify each such processing facility as either ‘‘conflict 
mineral free’’ or a ‘‘conflict mineral facility’’. A 
processing facility certified as a ‘‘conflict mineral fa-
cility’’ is a facility that processes one or more con-
flict minerals. A processing facility certified as ‘‘con-
flict mineral free’’ is a facility that has not processed 
conflict minerals in the previous 4 months or since 
the previous audit. 
(2) AUDIT REPORTS.— 
(A) IN GENERAL.—The Secretary of Com-
merce shall seek to ensure that private sector 
auditing services approved by the Secretary 
pursuant to subsection (b) submit to the Sec-
retary reports on the audits conducted by such 
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services for those facilities that are audited pur-
suant to paragraph (1). 
(B) CONTENTS.—The reports referred to 
in subparagraph (A) shall contain the following: 
(i) The name and location of the proc-
essing facility audited. 
(ii) The relevant minerals being proc-
essed at the facility. 
(iii) The date of the audit and the pe-
riod covered by the audit. 
(iv) The date of notification of an im-
pending audit. 
(v) The country of origin of minerals 
purchased and processed, including local 
areas or specific mines of origin in the 
Democratic Republic of the Congo from 
which minerals were sourced. 
(vi) A determination as to whether 
there were any minerals processed for 
which there is not a credibly documented 
and verifiable chain of custody. 
(vii) A declaration of the facility as 
one that is a ‘‘Conflict Mineral Facility’’ or 
is ‘‘Conflict Mineral Free’’ for the period 
covered by each such report. 
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