October 6, 2020 - Issue: Vol. 166, No. 174 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
UYGHUR FORCED LABOR DISCLOSURE ACT OF 2020; Congressional Record Vol. 166, No. 174
(Extensions of Remarks - October 06, 2020)
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[Extensions of Remarks] [Pages E932-E933] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] UYGHUR FORCED LABOR DISCLOSURE ACT OF 2020 ______ speech of HON. MAXINE WATERS of california in the house of representatives Wednesday, September 30, 2020 Ms. WATERS. Mr. Speaker, I am including in the Record under General Leave for the consideration of H.R. 6270, a letter from Global Witness and the Sentry, relating to arguments made by the Chamber of Congress and other opponents during consideration of that legislation. Their letter states, in part, quote ``As part of the current debate surrounding H.R. 6270, the Uyghur Forced Labor Disclosure Act of 2020, which uses a similar approach to the legislative effort our organizations have worked on and supported in Section 1502 of the Dodd- Frank Wall Street Reform and Consumer Protection Act, we have seen the same misinformation and dated analysis used to attack this bill as has been used to attempt to discredit efforts to address conflict minerals in the Democratic Republic of Congo (DRC).'' End quote. The letter includes a number of examples that show the positive impact Section 1502 has had in the DRC. The letter states, for example, quote, ``In 2010, the year Section 1502 was passed, the U.N. Group of Experts stated that `in the Kivu provinces, almost every mining deposit [was] controlled by a military group.' By 2015, just four years after the conflict minerals rule was implemented by the U.S. Securities and Exchange Commission, the International Peace Information Service (IPIS) found that over three-quarters (79 percent) of 3T miners surveyed in eastern Congo were working in mines where no armed group involvement had been reported . . . By the end of 2018, 465 tin, tantalum and tungsten and 106 gold mines have been validated green, which means that no signs of interference of armed groups or the Congolese army and no child labor have been found. These mines employ over 27,000 miners.'' End quote. I realize that the notion of objective truth has taken a hit over the past few years, and that it may not hold as much sway in some circles. But I'm here to soundly reject the Chamber's denigration of a successful law that it has long opposed in an effort to persuade members to oppose a similar bill, H.R. 6270, which is before us. I urge members to reject this kind of cynicism and give their strong support to H.R. 6270. September 29, 2020. To the Members of the U.S. House of Representatives: The Sentry and Global Witness support efforts to combat corruption and human rights abuses connected to supply chains. We believe that due diligence and transparency measures can be effective in shifting behavior and supporting supply chains that are less abusive. As part of the current debate surrounding H.R. 6270, the ``Uyghur Forced Labor Disclosure Act of 2020, which uses a similar approach to the legislative effort our organizations have worked on and supported in Section 1502 of the Dodd- Frank Wall Street Reform and Consumer Protection Act, we have seen the same misinformation and dated analysis used to attack this bill as has been used to attempt to discredit efforts to address conflict minerals in the Democratic Republic of Congo (DRC). The implementation of the 1502 Rule has not been without its challenges and it took time to set- up appropriate mechanisms in DRC but significant progress and an important foundation has been built. In 2010, the year Section 1502 was passed, the U.N. Group of Experts stated that ``in the Kivu provinces, almost every mining deposit [was] controlled by a military group.'' By 2015, just four years after the conflict minerals rule was implemented by the U.S. Securities and Exchange Commission, the International Peace Information Service (IPIS) found that over three-quarters (79 percent) of 3T miners surveyed in eastern Congo were working in mines where no armed group involvement had been reported. Since then, overall armed interference in 3T and gold mining sites visited by IPIS has decreased from 41% in 2015 to 26% in the period [[Page E933]] 2016-2018. By the end of 2018, 465 tin, tantalum and tungsten and 106 gold mines have been validated green, which means that no signs of interference of armed groups or the Congolese army and no child labor have been found. These mines employ over 27,000 miners. As of September 29, 2020, 73 percent of smelters and refiners worldwide (236 out of 323 total) for the four conflict minerals have passed independent, third-party audits by the Responsible Minerals Assurance Process. This contrasts to an operating environment before the passage of Section 1502 when no certification mechanism existed for distinguishing mines conflict controlled by armed groups or the Congolese army from conflict-free mines. That is why Congolese civil society groups have been outspoken in their support. In 2017, over 100 Congolese civil society organizations signed letters in support of Section 1502. Recently, Isaac Wikirevolo Mumbere, Human Rights officer at the Network for the Conservation and the Rehabilitation of Forest Ecosystems, commented: ``Dodd-Frank [1502] is a law worth its weight in gold because it has helped pull Congolese army commanders and militias out of the mines. Likewise, it has prevented Congolese officials who had taken the artisanal mining sector as their own property from continuing to do so.'' Several companies, including Tiffany & Co., Apple, Richline, and lntel, have publicly emphasized the importance of supply chain due diligence. In 2017, 129 Investors, representing over $4.8 trillion in assets stated in a letter to the SEC, that the due diligence disclosures required by Section 1502 provide valuable information about how companies manage supply chain risks. The U.S. conflict mineral law was the first of its kind and has spurred international action. Many other countries have since then passed similar laws holding companies responsible for the impact for supply chains. Opponents of the conflict minerals rule continue to use outdated information including statistics from before or right after the rule's implementation. Now, ten years after the passage of Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and eight years after the implementation of the conflict minerals rule, we can make more accurate determinations about its success. Compliance costs were far lower than feared, and while challenges remain, data demonstrates a substantial reduction in the presence of armed groups in the mines. We hope you will use an accurate portrait of the impact of Dodd Frank 1502 as you consider other legislative approaches that draw on this framework. Sincerely, Ian Schwab, Director of Regional Policy and Advocacy, The Sentry. Paul Donowitz, Team Leader, Global Witness. ____________________