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HR 10346

Stop China’s Exploitation of Congolese Children and Adult Forced Labor through Cobalt Mining Act

119th Congress Introduced by Chris Smith

Extends a tracing and enforcement plan to ban imports of cobalt mined or processed with forced labor in the DRC, aiming to curb child labor and improve supply-chain transparency.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 10346

Purpose and intent

  • HR 10346, the Stop China’s Exploitation of Congolese Children and Adult Forced Labor through Cobalt Mining Act, aims to prevent goods made with cobalt mined or processed using forced labor (including child labor) in the Democratic Republic of the Congo (DRC) from entering the United States market.
  • The bill emphasizes tracing origin, increasing supply-chain transparency, and strengthening enforcement of existing U.S. import prohibitions on goods produced with forced labor.

Key provisions and changes

  • Findings (Section 2):
    • Highlights cobalt’s role in lithium‑ion batteries and projected surging demand (IEA data through 2040).
    • Notes that over half of global cobalt resources are in the DRC, with substantial Chinese ownership in many cobalt mines.
    • Points to concerns about forced labor, including child labor, in DRC mining, including artisanal and small-scale mining (ASM/SSM), which may involve tens of thousands of workers and children.
    • References existing law under Section 307 of the Tariff Act of 1930 prohibiting the import of goods mined or manufactured with forced labor.
  • Investigation and enforcement (Section 3):
    • Requires a targeted investigation within 180 days after enactment by the Forced Labor Enforcement Task Force (FLETF), in consultation with other federal agencies.
    • The investigation must produce:
    • A strategy to enforce Section 307 to prevent importation of cobalt mined with forced labor, including tracing of origin and enhanced supply-chain transparency.
    • A strategy to ensure cobalt mined by forced labor does not enter the U.S. market via third countries, and that it does not later re-enter the U.S. market.
    • A strategy to prevent entry of cobalt mined with forced labor into the U.S. market thereafter.
    • Matters to be included in the investigation:
    • A list of DRC entities that may mine or process cobalt with forced labor and relevant downstream product categories identified as priority for enforcement.
    • Recommendations on tools, technologies, and methods for CBP to identify and trace cobalt mined by forced labor.
    • Procedures for regularly updating the entity list and reporting to Congress.
    • A plan to coordinate with NGOs and private sector actors to implement enforcement and maintain the entity list.
    • Reporting and updates:
    • Reports to be unclassified (with possible classified annex).
    • Semiannual briefings to congressional committees on updates, additional enforcement actions, and CBP activities under Section 307.
  • Sunset and termination (Section 3, subsection e):
    • The provision ends no later than eight years after enactment or upon a presidential determination that forced labor in the DRC mining industry has ended, whichever comes first.
  • Definitions (Section 4):
    • Clarifies terms: appropriate congressional committees (Ways and Means Committee of the House and Senate Finance Committee), artisanal and small-scale mining (minimal to no mechanization, often hand tools), DRC, and forced labor (as defined in Section 307 of the Tariff Act).

Who/what would be affected

  • U.S. importers and companies that source cobalt or cobalt-containing products, including those used in electronics and EV batteries, would be subject to stricter enforcement and tracing requirements under Section 307.
  • U.S. Customs and Border Protection (CBP) would play a central role in enforcement, tracing, and potential seizure of prohibited cobalt.
  • The Forced Labor Enforcement Task Force (FLETF) would conduct the mandated investigation and coordinate with other federal agencies, NGOs, and private sector partners.
  • Entities in the DRC that mine or process cobalt, and downstream product categories that incorporate DRC cobalt, would be identified for enforcement scrutiny.

Procedural and timeline aspects

  • Introduction date: September 10, 2026.
  • Investigation deadline: within 180 days of enactment.
  • Reporting: unclassified report to Congress, with possible classified annex; semiannual briefings following the initial report.
  • Sunset: eight years after enactment or upon presidential determination that forced labor in DRC cobalt mining has ended, whichever occurs first.

Potential impact and considerations

  • Could enhance traceability and transparency in cobalt supply chains, reducing the risk of U.S. market access for cobalt produced with forced labor.
  • May increase compliance obligations for importers, including due diligence and supply-chain mapping.
  • Likely to heighten scrutiny of ASM/SSM sectors in the DRC, where child labor has been reported, and could influence sourcing strategies and supplier practices.
  • The act aligns with broader U.S. efforts to address human rights abuses in mineral supply chains and to curb illicit financing by armed groups in the DRC.

Compiled from official sources — confirm details with the bill’s official record.

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