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H.R. 4443: Countering China’s Exploitation of Strategic Metals and Minerals and Child and Forced Labor in the Democratic Republic of the Congo Act

Chris Smith

Quick Facts

Bill Sponsor: Rep. Chris Smith (R-NJ-4)

Congress: 118th

Date Introduced: June 30, 2023

Last Action: Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, and the Judiciary, 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. (June 30, 2023)

Bill Summary

Countering China’s Exploitation of Strategic Metals and Minerals and Child and Forced Labor in the Democratic Republic of the Congo Act

This bill prohibits the importation of goods containing metals or minerals (particularly cobalt, lithium, and their derivatives) that are mined, produced, smelted, or processed by child labor or forced labor in the Democratic Republic of the Congo (DRC). It also requires certain federal actions to address this issue.

The prohibition does not apply if U.S. Customs and Border Protection (1) determines, based on clear and convincing evidence, that the goods were not made with child labor or forced labor; and (2) submits to Congress a report containing such a determination (and makes this report publicly available).

The bill requires the President to annually report to Congress on each foreign person determined to have (1) knowingly engaged in child labor or forced labor in DRC's mining industry, and (2) knowingly engaged in efforts to contravene U.S. law regarding the importation of covered DRC goods. The President must impose property- and visa-blocking sanctions against each identified foreign person.

The bill requires 

  • the Forced Labor Enforcement Task Force to submit to Congress a report containing an enforcement strategy for effectively addressing child labor and forced labor in DRC's mining industry,
  • the Department of State to submit to Congress a strategy for addressing child labor and forced labor in DRC's mining industry, and
  • the U.S. Agency for International Development to increase efforts to prevent child labor and forced labor in DRC's mining industry.