H.R.2310 - China’s Odious and Brutally Atrocious Labor Trafficking Supply Chain Act; COBALT Supply Chain Act (119th Congress)
Summary
H.R.2310, also known as the COBALT Supply Chain Act, aims to prevent goods made with cobalt refined in China from entering the U.S. market under the presumption that the cobalt is extracted or processed using child and forced labor in the Democratic Republic of the Congo (DRC). The bill directs the Commissioner of U.S. Customs and Border Protection to presume that covered goods (those containing cobalt refined in the PRC) are made with forced labor and to prohibit their entry.
An exception is provided if the importer can demonstrate with clear and convincing evidence that the goods do not contain cobalt refined in the PRC. The bill also mandates the creation of an enforcement strategy to address child and forced labor related to covered goods and requires the President to certify that federal vehicle purchases are free of parts made with child or forced labor.
The Act includes findings regarding the dominance of PRC companies in the DRC's cobalt sector and the prevalence of child and forced labor in the mining industry.
Expected Effects
The bill will likely increase scrutiny and documentation requirements for importers of goods containing cobalt. It may lead to a shift in supply chains away from cobalt refined in China. The enforcement strategy and required certifications could increase transparency and accountability in the cobalt supply chain.
Potential Benefits
- Reduced exploitation: Aims to reduce child and forced labor in cobalt mining.
- Supply chain transparency: Promotes greater transparency in the cobalt supply chain.
- National security: Addresses concerns about PRC dominance in cobalt extraction and processing.
- Ethical sourcing: Encourages ethical sourcing of materials used in manufacturing.
- International cooperation: Promotes coordination with other countries to combat forced labor.
Potential Disadvantages
- Increased costs: Compliance with the Act may increase costs for businesses.
- Trade disruptions: Could disrupt trade flows and supply chains.
- Enforcement challenges: Effective enforcement may be difficult and resource-intensive.
- Limited scope: Focuses solely on cobalt and the PRC, potentially overlooking forced labor in other sectors or regions.
- Potential for unintended consequences: Could lead to unintended economic consequences for the DRC.
Constitutional Alignment
The bill aligns with the Commerce Clause (Article I, Section 8) by regulating international trade to prevent the entry of goods produced with forced labor. It also aligns with Congress's power to enact laws necessary and proper for carrying into execution its enumerated powers (Article I, Section 8, Clause 18). The prohibition of importing goods made with forced labor is consistent with the Thirteenth Amendment's prohibition of slavery and involuntary servitude.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).