[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4128 Introduced in House (IH)]

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 
Committee on Foreign Affairs, and in addition to the Committees on Ways 
     and Means and Armed Services, 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 improve transparency and reduce trade in conflict minerals, 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 Minerals Trade Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (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 levels 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, conflict and related 
        humanitarian crisis in the Democratic 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, 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 Accountability 
        Office in December 2007 describes how the mismanagement and 
        illicit trade of extractive resources from the Democratic 
        Republic of the Congo supports conflict between militias and 
        armed domestic 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 Republic of the Congo continue to fight over, 
        illegally plunder, and profit greatly from the trade of 
        columbite-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 include 
                ``individuals or entities supporting the armed groups . 
                . . through illicit trade of natural resources,''; and
                    (B) encourages member countries to ensure 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 militias in 
        eastern Congo in columbite-tantalite (coltan), cassiterite, 
        wolframite, and gold continues to flourish, fuels war, robs the 
        people of Congo of a valuable and legitimate resource, and 
        undermines the peaceful 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 technology products 
        worldwide, including mobile telephones, laptop computers, and 
        digital video recorders.
            (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 Democratic 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 social 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 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 exporters 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-tantalite 
        (coltan), cassiterite, and wolframite in non-conflict areas of 
        the Congo and worldwide; processing columbite-tantalite, 
        cassiterite, and wolframite for commercial use requires 
        sophisticated technology; there are a limited number of 
        processing facilities worldwide for columbite-tantalite, 
        cassiterite, wolframite, and their derivatives; and determining 
        the sources of columbite-tantalite, cassiterite, 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 adoption 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 Republic of the 
        Congo, including the importation of columbite-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 Nations 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--
            (1) monitor and stop commercial activities involving the 
        natural resources of the Democratic Republic 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 transparency in the cross-
        border trade involving the natural 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 REGARDING CONFLICT 
              MINERALS AND HUMAN RIGHTS ABUSES IN THE DEMOCRATIC 
              REPUBLIC 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 Secretary of State, in 
        consultation with the Secretary of Defense, shall, in 
        accordance with the recommendation 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 
        United Nations and local and international nongovernmental 
        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 congressional 
                committees, in classified form if necessary, an 
                explanatory note describing in general terms the 
                sources of information from which such map is based, 
                the definition of the term ``control of armed groups'' 
                utilized (for example, physical control of mines or 
                forced labor of civilians, control of trade routes, and 
                taxation 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 Conflict 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 
        Conflict Minerals Map, shall be known as ``conflict zone 
        mines''.
            (3) Updates.--The Secretary of Defense, in consultation 
        with the Secretary of State, shall update the map required 
        under paragraph (1) not less frequently than once every 180 
        days until the Secretary 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 mineral as a conflict mineral not later 
        than one year before 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 commercial 
        entities seeking to exercise due diligence, including 
        documentation on the origin and chain of custody for their 
        products, on their suppliers to ensure that conflict minerals 
        used in their products do not--
                    (A) directly finance armed conflict;
                    (B) result in labor or human rights violations; or
                    (C) damage the environment.
            (2) Cooperation.--The Secretary of State and the Secretary 
        of Commerce shall work with commercial entities and other 
        interested parties to identify best practices and opportunities 
        to improve transparency of the supply chains of such commercial 
        entities engaged in commerce or trade with products that 
        contain one or more derivatives of conflict minerals.
    (c) Strategy.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of State shall, 
        working with the Administrator of the United States Agency for 
        International Development, 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.
            (2) Contents.--The strategy required by paragraph (1) shall 
        include the following:
                    (A) A plan to assist governments plagued by 
                conflict establishing and effectively implementing the 
                necessary frameworks and institutions 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 assistance that could be provided 
                by the Government of the United States to help the 
                Democratic Republic of the Congo to strengthen the 
                management and export of natural resources.
                    (C) A description of punitive measures that could 
                be taken against individuals or entities whose 
                commercial activities are supporting armed groups and 
                human rights violations in the Democratic Republic of 
                the Congo.
    (d) Annual Human Rights Reports.--In preparing 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 Republic of the Congo 
or countries that share a border with the 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 extraction 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 covered by each such report.
    (e) Annual Organization for Economic Co-Operation and Development 
Investment Committee Report.--In preparing the United States' annual 
report to the Organization for Economic Co-operation and Development 
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 Multinational 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 the Congo.--The President, acting through the 
Secretary of State, the United States Permanent Representative 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 Council 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 serious 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 congressional committees that a state of war is expected to 
continue 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 AFFECTED COMMUNITIES AND 
              SUSTAINABLE LIVELIHOODS.

    (a) Sense of Congress on Assistance for Affected Communities.--It 
is the sense of Congress that the Administrator of the United States 
Agency for International Development should expand and better 
coordinate programs to assist and empower communities in the eastern 
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 soldiers and 
        forced child servitude; and
            (3) individuals displaced and communities affected by 
        violence.
    (b) Sense of Congress on Future Year Funding.--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 
Committee on Foreign Affairs and the Committee on Appropriations of the 
House of Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations 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 services to 
        people displaced by violence;
            (3) improve living conditions and livelihood prospects for 
        artisanal miners and mine workers; and
            (4) alleviate poverty by reconstructing infrastructure and 
        revitalizing agricultural production.
    (c) Sense of Congress on Coordination of Assistance.--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 communities 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 prospects of 
        artisan miners and mine workers.

SEC. 6. IDENTIFICATION OF COMMERCIAL GOODS CONTAINING CONFLICT 
              MINERALS.

    (a) List of Goods Containing Conflict Minerals.--Not later than 180 
days after the date of the enactment of this Act and annually 
thereafter, the Secretary of Commerce, in cooperation with the 
Secretary of State, the International Trade Commission, and the 
Commissioner responsible for U.S. Customs and Border Protection, shall 
determine and publish in the Federal Register a list of those articles 
specified in the Harmonized Tariff Schedule of the United States that 
should be identified 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 annually thereafter, the 
        Secretary of Commerce, in cooperation with the Secretary of 
        State, the International 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 sufficient 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 
        foreign governments to issue visas for auditors who are United 
        States citizens for purposes of travel relating to auditing of 
        processing facilities described in paragraph (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 conflict 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 certify each 
        such processing facility as either ``conflict mineral free'' or 
        a ``conflict mineral facility''. A processing facility 
        certified as a ``conflict mineral facility'' is a facility that 
        processes one or more conflict minerals. A processing facility 
        certified as ``conflict 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 Commerce shall 
                seek to ensure that private sector auditing services 
                approved by the Secretary pursuant to subsection (b) 
                submit to the Secretary reports on the audits conducted 
                by such services for those facilities that are audited 
                pursuant to paragraph (1).
                    (B) Contents.--The reports referred to in 
                subparagraph (A) shall contain the following:
                            (i) The name and location of the processing 
                        facility audited.
                            (ii) The relevant minerals being processed 
                        at the facility.
                            (iii) The date of the audit and the period 
                        covered by the audit.
                            (iv) The date of notification of an 
                        impending 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.
            (3) Publication in federal register.--The Secretary of 
        Commerce shall publish in the Federal Register the reports of 
        private sector auditing services pursuant to paragraph (2) for 
        those facilities that are audited pursuant to paragraph (1), 
        including--
                    (A) whether any such facility has been certified as 
                ``conflict mineral free'' or a ``conflict mineral 
                facility''; and
                    (B) if such service determines that the facility is 
                a ``conflict mineral facility'', the mine or local area 
                of origin of the conflict minerals likely to have 
                financed conflict in the Democratic Republic of the 
                Congo.
            (4) Additional audits.--Processing facilities worldwide of 
        conflict minerals may request additional 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 auditing services approved by 
        the Secretary pursuant to subsection (b), such services follow 
        an audit protocol 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 preceding 
                four months, to verify whether revenues from 
                possession, sale, or taxation of conflict minerals are 
                flowing to parties financing conflict 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 randomly timed, but 
        not without notice, in recognition of the rights of processing 
        facilities worldwide and the sovereignty of the country in 
        which they are located of conflict minerals.

SEC. 7. REQUIREMENTS RELATING TO IMPORTATION OF ARTICLES CONTAINING 
              CONFLICT MINERALS.

    (a) Declaration of Certain Articles.--
            (1) In general.--Beginning on the date that is one year 
        after the date of publication in the Federal 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 
        articles 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 minerals'' 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 subsection 6(b) as--
                    (A) ``conflict mineral free'' shall be designated 
                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 ``conflict mineral 
                free'' may be labeled ``conflict mineral free''.
    (b) Prohibition on Importation of Certain Articles.--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 containing conflict minerals from 
facilities that have not been audited in accordance with section 6(c) 
may not be imported into the United States.
    (c) Exemption.--The President may exempt articles from inclusion on 
Potential Conflict Goods List and publish 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.

SEC. 8. REPORT BY UNITED STATES TRADE REPRESENTATIVE.

    (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 responsible 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 period.
    (b) Matters To Be Included.--Each report required under subsection 
(a) shall, with respect to each importer identified under subsection 
(a), include the following 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 lading 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.

SEC. 9. PENALTIES.

    (a) Penalties Relating to Conflict Minerals.--If any person, by 
fraud, gross negligence, or negligence, enters, introduces, or attempts 
to enter or introduce 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 OFFICE.

    (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 following:
            (1) An assessment of the accuracy of the approved private 
        sector auditing services under section 6.
            (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, encountered by 
        the Department of Commerce, the Department 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 carrying out the 
        provisions of this Act.
            (3) A description of the adverse impacts of carrying out 
        the provisions of this Act, if any, on countries with 
        columbite-tantalite (coltan), cassiterite, wolframite, or their 
        derivatives, and in particular, communities in the eastern 
        Democratic Republic of the Congo.
            (4) Recommendations for legislative or regulatory actions 
        that can be taken to--
                    (A) improve the effectiveness of the provisions of 
                this Act to promote peace and security in accordance 
                with section 3;
                    (B) resolve the problems described in paragraph 
                (2), if any; and
                    (C) mitigate the adverse impacts described in 
                paragraph (3), if any.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Foreign Affairs, the Committee on Ways and Means, 
                and the Committee on Financial Services of the House of 
                Representatives; and
                    (B) the Committee on Appropriations, the Committee 
                on Foreign Relations, the Committee on Finance, and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate.
            (2) Armed group.--The term ``armed group'' means armed 
        groups identified as perpetrators of serious 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 countries that share a 
        border with the Democratic Republic of the Congo.
            (3) Conflict minerals.--The term ``conflict minerals'' 
        means columbite-tantalite (coltan), cassiterite, 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 Harmonized Tariff Schedule of the United States.

SEC. 12. SUNSET.

    This Act shall expire on the date on which the President determines 
and certifies to the appropriate congressional 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--
            (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 Democratic Republic of the Congo.
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