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Code · BILL · 119th Congress · H.R. 2310 (Introduced in House) — To ensure that goods made using or containing cobalt refined in the People’s Republic of China do not enter the Unite... · Sec. 5

Sec. 5. Enforcement strategy to address child labor and forced labor relating to covered goods

601 words·~3 min read·/bill/119/hr/2310/ih/section-5

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Not later than 120 days after the date of the enactment of this Act, the Forced Labor Enforcement Task Force, established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 ), in consultation with the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a report that— contains an enforcement strategy of the United States Government to effectively address enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) to prevent the importation into the United States of covered goods that includes measures that— can be taken to trace the origin of goods, offer greater supply chain transparency, and identify third country supply chain routes for the covered goods; and ensure that covered goods do not enter the United States; contains a strategy to ensure that covered goods do not enter the United States market as goods imported from third countries, including from Canada or Mexico; contains a strategy to ensure that covered goods denied entry to the United States market do not later enter the United States market through third countries; describes authorities to seize or destroy covered goods denied entry to the United States; and describes measures to address child labor and forced labor in the mining, production, smelting, or processing of metals or minerals, in particular cobalt and lithium and their derivatives, in the DRC.
The strategy required by subsection
(a)shall include the following: A list of— covered goods; entities that refine cobalt in the PRC; entities that mine cobalt in the PRC and whether any of these entities operate in the Xinjiang Uyghur Autonomous Region (XUAR); entities that import covered goods in the United States; entities, in the DRC, owned or controlled by PRC entities, or financed by PRC state-owned banks or institutions that mine or process cobalt; and priority sectors for enforcement of imports made with covered PRC goods, with a sector-specific enforcement plan for each priority sector. Recommendations for efforts, initiatives, and tools and technologies to be adopted to ensure that U.S. Customs and Border Protection can accurately identify and trace covered goods. A description of the additional resources necessary for U.S. Customs and Border Protection and other Federal entities, including the Forced Labor Enforcement Task Force, to effectively implement the strategy. A description of how the list of entities required by subparagraphs (B), (C), and
(D)of paragraph
(1)shall be regularly updated and reported to the appropriate congressional committees. A strategy to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to implement the enforcement strategy for covered goods and to create and update the list of entities required in subparagraphs
(B)and
(C)of paragraph (1). The report required by subsection
(a)and any publicly published updates described by subsection
(d)shall be submitted in unclassified form, but may include a classified annex, if necessary. After the submission of the strategy required by subsection (a), the Forced Labor Enforcement Task Force shall provide briefings to the appropriate congressional committees on a quarterly basis and, as applicable, on any updates to the strategy required by subsection
(a)or additional actions taken to address the importation of covered goods, including actions described in this Act. This section shall cease to have effect on the earlier of— the date that is 8 years after the date of the enactment of this Act; or the date on which the President submits to the appropriate congressional committees a determination that child labor and forced labor in the mining industry of the DRC has ended, including artisanal and small-scale mining sectors.
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Sec. 5
Enforcement strategy to address child labor and forced labor relating to covered goods
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