[Congressional Record Volume 166, Number 174 (Tuesday, October 6, 2020)]
[Extensions of Remarks]
[Pages E932-E933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               UYGHUR FORCED LABOR DISCLOSURE ACT OF 2020

                                 ______
                                 

                               speech of

                           HON. MAXINE WATERS

                             of california

                    in the house of representatives

                     Wednesday, September 30, 2020

  Ms. WATERS. Mr. Speaker, I am including in the Record under General 
Leave for the consideration of H.R. 6270, a letter from Global Witness 
and the Sentry, relating to arguments made by the Chamber of Congress 
and other opponents during consideration of that legislation. Their 
letter states, in part, quote ``As part of the current debate 
surrounding H.R. 6270, the Uyghur Forced Labor Disclosure Act of 2020, 
which uses a similar approach to the legislative effort our 
organizations have worked on and supported in Section 1502 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, we have seen the 
same misinformation and dated analysis used to attack this bill as has 
been used to attempt to discredit efforts to address conflict minerals 
in the Democratic Republic of Congo (DRC).'' End quote.
  The letter includes a number of examples that show the positive 
impact Section 1502 has had in the DRC. The letter states, for example, 
quote, ``In 2010, the year Section 1502 was passed, the U.N. Group of 
Experts stated that `in the Kivu provinces, almost every mining deposit 
[was] controlled by a military group.' By 2015, just four years after 
the conflict minerals rule was implemented by the U.S. Securities and 
Exchange Commission, the International Peace Information Service (IPIS) 
found that over three-quarters (79 percent) of 3T miners surveyed in 
eastern Congo were working in mines where no armed group involvement 
had been reported . . . By the end of 2018, 465 tin, tantalum and 
tungsten and 106 gold mines have been validated green, which means that 
no signs of interference of armed groups or the Congolese army and no 
child labor have been found. These mines employ over 27,000 miners.'' 
End quote.
  I realize that the notion of objective truth has taken a hit over the 
past few years, and that it may not hold as much sway in some circles. 
But I'm here to soundly reject the Chamber's denigration of a 
successful law that it has long opposed in an effort to persuade 
members to oppose a similar bill, H.R. 6270, which is before us. I urge 
members to reject this kind of cynicism and give their strong support 
to H.R. 6270.
                                               September 29, 2020.
       To the Members of the U.S. House of Representatives: The 
     Sentry and Global Witness support efforts to combat 
     corruption and human rights abuses connected to supply 
     chains. We believe that due diligence and transparency 
     measures can be effective in shifting behavior and supporting 
     supply chains that are less abusive.
       As part of the current debate surrounding H.R. 6270, the 
     ``Uyghur Forced Labor Disclosure Act of 2020, which uses a 
     similar approach to the legislative effort our organizations 
     have worked on and supported in Section 1502 of the Dodd-
     Frank Wall Street Reform and Consumer Protection Act, we have 
     seen the same misinformation and dated analysis used to 
     attack this bill as has been used to attempt to discredit 
     efforts to address conflict minerals in the Democratic 
     Republic of Congo (DRC). The implementation of the 1502 Rule 
     has not been without its challenges and it took time to set-
     up appropriate mechanisms in DRC but significant progress and 
     an important foundation has been built.
       In 2010, the year Section 1502 was passed, the U.N. Group 
     of Experts stated that ``in the Kivu provinces, almost every 
     mining deposit [was] controlled by a military group.'' By 
     2015, just four years after the conflict minerals rule was 
     implemented by the U.S. Securities and Exchange Commission, 
     the International Peace Information Service (IPIS) found that 
     over three-quarters (79 percent) of 3T miners surveyed in 
     eastern Congo were working in mines where no armed group 
     involvement had been reported. Since then, overall armed 
     interference in 3T and gold mining sites visited by IPIS has 
     decreased from 41% in 2015 to 26% in the period

[[Page E933]]

     2016-2018. By the end of 2018, 465 tin, tantalum and tungsten 
     and 106 gold mines have been validated green, which means 
     that no signs of interference of armed groups or the 
     Congolese army and no child labor have been found. These 
     mines employ over 27,000 miners. As of September 29, 2020, 73 
     percent of smelters and refiners worldwide (236 out of 323 
     total) for the four conflict minerals have passed 
     independent, third-party audits by the Responsible Minerals 
     Assurance Process. This contrasts to an operating environment 
     before the passage of Section 1502 when no certification 
     mechanism existed for distinguishing mines conflict 
     controlled by armed groups or the Congolese army from 
     conflict-free mines.
       That is why Congolese civil society groups have been 
     outspoken in their support. In 2017, over 100 Congolese civil 
     society organizations signed letters in support of Section 
     1502. Recently, Isaac Wikirevolo Mumbere, Human Rights 
     officer at the Network for the Conservation and the 
     Rehabilitation of Forest Ecosystems, commented: ``Dodd-Frank 
     [1502] is a law worth its weight in gold because it has 
     helped pull Congolese army commanders and militias out of the 
     mines. Likewise, it has prevented Congolese officials who had 
     taken the artisanal mining sector as their own property from 
     continuing to do so.''
       Several companies, including Tiffany & Co., Apple, 
     Richline, and lntel, have publicly emphasized the importance 
     of supply chain due diligence. In 2017, 129 Investors, 
     representing over $4.8 trillion in assets stated in a letter 
     to the SEC, that the due diligence disclosures required by 
     Section 1502 provide valuable information about how companies 
     manage supply chain risks. The U.S. conflict mineral law was 
     the first of its kind and has spurred international action. 
     Many other countries have since then passed similar laws 
     holding companies responsible for the impact for supply 
     chains.
       Opponents of the conflict minerals rule continue to use 
     outdated information including statistics from before or 
     right after the rule's implementation. Now, ten years after 
     the passage of Section 1502 of the Dodd-Frank Wall Street 
     Reform and Consumer Protection Act and eight years after the 
     implementation of the conflict minerals rule, we can make 
     more accurate determinations about its success. Compliance 
     costs were far lower than feared, and while challenges 
     remain, data demonstrates a substantial reduction in the 
     presence of armed groups in the mines.
       We hope you will use an accurate portrait of the impact of 
     Dodd Frank 1502 as you consider other legislative approaches 
     that draw on this framework.
           Sincerely,

                                                   Ian Schwab,

                                       Director of Regional Policy
                                         and Advocacy, The Sentry.
                                                    Paul Donowitz,
     Team Leader, Global Witness.

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