Page:United States Statutes at Large Volume 124.djvu/2240

 124 STAT. 2214 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(ii) a description of the products manufactured or contracted to be manufactured that are not DRC conflict free (‘DRC conflict free’ is defined to mean the products that do not contain minerals that directly or indirectly finance or benefit armed groups in the Democratic Republic of the Congo or an adjoining country), the entity that conducted the independent private sector audit in accordance with clause (i), the facilities used to process the conflict minerals, the country of origin of the conflict minerals, and the efforts to determine the mine or location of origin with the greatest possible specificity. ‘‘(B) CERTIFICATION.—The person submitting a report under subparagraph (A) shall certify the audit described in clause (i) of such subparagraph that is included in such report. Such a certified audit shall constitute a critical component of due diligence in establishing the source and chain of custody of such minerals. ‘‘(C) UNRELIABLE DETERMINATION.—If a report required to be submitted by a person under subparagraph (A) relies on a determination of an independent private sector audit, as described under subparagraph (A)(i), or other due dili- gence processes previously determined by the Commission to be unreliable, the report shall not satisfy the require- ments of the regulations promulgated under subparagraph (A)(i). ‘‘(D) DRC CONFLICT FREE.—For purposes of this para- graph, a product may be labeled as ‘DRC conflict free’ if the product does not contain conflict minerals that directly or indirectly finance or benefit armed groups in the Democratic Republic of the Congo or an adjoining country. ‘‘(E) INFORMATION AVAILABLE TO THE PUBLIC.—Each person described under paragraph (2) shall make available to the public on the Internet website of such person the information disclosed by such person under subparagraph (A). ‘‘(2) PERSON DESCRIBED.—A person is described in this para- graph if— ‘‘(A) the person is required to file reports with the Commission pursuant to paragraph (1)(A); and ‘‘(B) conflict minerals are necessary to the functionality or production of a product manufactured by such person. ‘‘(3) REVISIONS AND WAIVERS.—The Commission shall revise or temporarily waive the requirements described in paragraph (1) if the President transmits to the Commission a determina- tion that— ‘‘(A) such revision or waiver is in the national security interest of the United States and the President includes the reasons therefor; and ‘‘(B) establishes a date, not later than 2 years after the initial publication of such exemption, on which such exemption shall expire. ‘‘(4) TERMINATION OF DISCLOSURE REQUIREMENTS.—The requirements of paragraph (1) shall terminate on the date on which the President determines and certifies to the appro- priate congressional committees, but in no case earlier than President. Determination. Certification. Publication. President. Determination. Web posting.