[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 531 Introduced in House (IH)]

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116th CONGRESS
  1st Session
H. RES. 531

Expressing concern over the prevalence of hazardous working conditions 
 for children, especially the worst forms of child labor in the mining 
 of cobalt and other minerals in the Democratic Republic of the Congo.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2019

  Mr. Castro of Texas (for himself and Mr. Fortenberry) submitted the 
 following resolution; which was referred to the Committee on Foreign 
  Affairs, and in addition to the Committee on Ways and Means, 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

_______________________________________________________________________

                               RESOLUTION


 
Expressing concern over the prevalence of hazardous working conditions 
 for children, especially the worst forms of child labor in the mining 
 of cobalt and other minerals in the Democratic Republic of the Congo.

Whereas the Department of Labor has reported that the worst forms of child labor 
        have been exploited in the extraction and processing of cobalt ore in 
        the Democratic Republic of the Congo (DRC) and these activities are in 
        violation of international standards;
Whereas the United Nations Children's Fund (UNICEF) estimated that 40,000 
        children work in mines in the former Province of Katanga, DRC, including 
        in the cobalt sector;
Whereas the DRC continues to be the world's leading source of mined cobalt, 
        supplying more than 64 percent of global cobalt production in 2018;
Whereas for their economic survival, families often encourage children to work, 
        including in the mining sector;
Whereas cobalt is a strategic and critical mineral used in numerous diverse 
        commercial, industrial, and military applications, for which demand is 
        growing;
Whereas Amnesty International found major electronics and electric vehicle 
        companies are still not doing enough to stop human rights abuses 
        entering their cobalt supply chains;
Whereas key stakeholders, especially industry groups, trade associations, and 
        private companies, have an individual responsibility to identify, 
        prevent, and take action to halt hazardous and working conditions in 
        their cobalt supply chains, and to conduct due diligence with the aim of 
        reducing child labor and improving working conditions in artisanal mines 
        and in the broader cobalt supply chain, thereby respecting human rights, 
        avoiding contributions to conflict, and advancing sustainable 
        development;
Whereas, in August 2017, the Government of the DRC issued a strategy on child 
        labor in which it pledged to end child mining by 2025; and
Whereas countries and companies that utilize cobalt have a responsibility to 
        work with the Government of the DRC and actors in their supply chains to 
        support actions to raise awareness, build enforcement capacity, and 
        improve monitoring and remediation at the national, provincial, and 
        local levels with the aim of enhancing the capacity of private and 
        public sector entities to eliminate the worst forms of child mining by 
        2025 and preventing the extraction, supply, and trade of minerals from 
        exploiting children or contributing to other human rights abuses: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) expresses concern over the prevalence of the hazardous, 
        and especially the worst forms of, child labor in the mining of 
        cobalt and other minerals in the Democratic Republic of the 
        Congo (DRC);
            (2) urges the Secretary of State, the Administrator of the 
        United States Agency for International Development, and the 
        Secretary of Labor to identify, assess, and evaluate the United 
        States commercial recipients of cobalt derived through child 
        labor and for-profit or nonprofit entities that benefit 
        indirectly or directly from the commercial use or trade of such 
        cobalt;
            (3) calls on the Secretary of State, the Administrator of 
        the United States Agency for International Development, and the 
        Secretary of Labor to coordinate with key stakeholders, 
        particularly industries which utilize or trade in cobalt, and 
        engage private multinational corporations, multilateral 
        organizations, and the nongovernmental organization community 
        to jointly establish an entity or other association with the 
        Government of the DRC, such as the Public-Private Alliance for 
        Responsible Minerals Trade, to partner in developing and 
        implementing plans to reduce child labor and improve working 
        conditions in cobalt mining in the DRC;
            (4) calls on the Secretary of State, the Administrator of 
        the United States Agency for International Development, and the 
        Secretary of Labor to develop a strategy and action plan, such 
        as in the Harkin-Engel Protocol for the Growing and Processing 
        of Cocoa Beans, in partnership with the Government of the DRC 
        and the entity or other association outlined above in paragraph 
        (3) to take steps to end the worst forms of child labor in 
        cobalt mining by 2025 by--
                    (A) removing child labor in the extraction of 
                cobalt, including in artisanal and small-scale mining, 
                and replacing exploitive artisanal mining with other 
                forms of sustainable, productive economic activity to 
                address local needs and support their reintegration 
                into their community;
                    (B) ensuring that no minerals, including cobalt, 
                that are produced with the use of the worst forms of 
                child labor, in whole or in part, are utilized in any 
                aspect of any company's business operations, products, 
                or supply chain, and mitigating and eliminating the 
                presence of any child-labor-linked minerals that 
                companies detect in their supply chains or business 
                operations;
                    (C) conducting due diligence on the source and 
                custody of such cobalt, in accordance with the 5-step 
                due diligence process outlined in the Organization for 
                Economic Co-operation and Development's Due Diligence 
                Guidance for Responsible Supply Chains of Minerals from 
                Conflict-Affected and High-Risk Areas;
                    (D) recommending actions to ensure that sources of 
                cobalt are compliant with restrictions on the worst 
                forms of child labor laws;
                    (E) ensuring that efforts to end child 
                participation in cobalt mining are properly developed, 
                robust, fully implemented, and monitored, and that 
                training is provided to those responsible for executing 
                these activities and to those enforcing labor laws in 
                mining areas for the Government of the DRC;
                    (F) supporting the entity or other association 
                outlined above in paragraph (3) in partnering with the 
                Government of the DRC to create a public-private system 
                for routine inspections of artisanal mines;
                    (G) reporting to government regulatory or law 
                enforcement authorities, as applicable, all cases, 
                instances, or information indicating a reasonable risk 
                of linkages between child labor and the production, 
                sale, or use of minerals; and
                    (H) making publicly available findings based on a 
                joint assessment of the Government of the DRC and 
                third-party organizations outlined in this paragraph; 
                and
            (5) encourages the United States Trade Representative to 
        assess developments in the cobalt and other extractive sectors 
        of the DRC when conducting annual reviews mandated under the 
        Africa Growth and Opportunity Act and the Generalized System of 
        Preferences (GSP) program.
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