[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3058 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3058

  To prohibit the importation of certain products that contain or are 
 derived from columbite-tantalite or cassiterite mined or extracted in 
     the Democratic Republic of the Congo, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2008

  Mr. Brownback (for himself and Mr. Durbin) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To prohibit the importation of certain products that contain or are 
 derived from columbite-tantalite or cassiterite mined or extracted in 
     the Democratic Republic of the Congo, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Conflict Coltan and Cassiterite Act 
of 2008''.

SEC. 2. IDENTIFICATION OF GROUPS THAT COMMIT CERTAIN VIOLATIONS OF 
              INTERNATIONAL LAW.

    (a) In General.--Not later than 45 days after the date of the 
enactment of this Act, the President shall develop and submit to 
Congress a list of groups in the Democratic Republic of the Congo, 
including units of the army of the Democratic Republic of the Congo, 
that--
            (1) commit serious violations of human rights;
            (2) commit violations of international humanitarian law; or
            (3) commit crimes under international law.
    (b) Updates.--The President shall update the list required by 
subsection (a) not less frequently than once each year.

SEC. 3. PROHIBITION ON IMPORTS OF CERTAIN MINERALS FROM THE DEMOCRATIC 
              REPUBLIC OF THE CONGO.

    (a) Prohibition.--Notwithstanding any other provision of law, until 
the President makes the certification described in subsection (c), no 
products may be imported into the United States--
            (1) that contain or are derived from columbite-tantalite or 
        cassiterite that is extracted, mined, or otherwise produced in 
        the Democratic Republic of the Congo; and
            (2) the extraction, mining, or production of which benefits 
        a group on the list developed under section 2(a).
    (b) Benefit Defined.--For purposes of subsection (a), the 
extraction, mining, or production of columbite-tantalite or cassiterite 
benefits a group on the list developed under section 2(a) if the sale 
of the columbite-tantalite or cassiterite, as the case may be, results 
in arms or money being transferred directly or indirectly to the group.
    (c) Certification.--The prohibition described in subsection (a) 
shall terminate on the date that is 45 days after the date on which the 
President certifies to Congress that the violations of human rights, 
violations of international humanitarian law, and crimes under 
international law committed in the Democratic Republic of Congo by 
groups on the list developed under section 2(a) have ceased.

SEC. 4. PENALTIES.

    (a) In General.--
            (1) Unlawful acts.--It shall be unlawful for a person to 
        violate, attempt to violate, conspire to violate, or cause a 
        violation of section 3(a).
            (2) Civil penalty.--A civil penalty may be imposed on any 
        person that commits an unlawful act described in subsection (a) 
        in an amount not to exceed $10,000.
            (3) Criminal penalty.--A person that willfully commits or 
        willfully attempts to commit an unlawful act described in 
        subsection (a), upon conviction--
                    (A) in the case of a corporation or other legal 
                entity, shall be fined not more than $50,000; or
                    (B) in the case of a natural person, including an 
                officer, director, or agent of a corporation or other 
                legal entity, may--
                            (i) be fined not more than $50,000;
                            (ii) be imprisoned for not more than 10 
                        years; or
                            (iii) be fined under clause (i) and 
                        imprisoned under clause (ii).
    (b) Import Violations.--In addition to the penalties provided for 
in subsection (a), any violation of section 3(a) that violates any 
other customs law of the United States shall be subject to any 
applicable civil or criminal penalty, including seizure and forfeiture, 
that may be imposed under such customs law or title 18, United States 
Code, with respect to the importation of products described in section 
3(a) of this Act.
                                 <all>