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The 191st General Court of the Commonwealth of Massachusetts

RESOLVE EXAMINING COMMONWEALTH PROCUREMENT POLICIES RELATIVE TO CONGO CONFLICT MINERALS.

     Whereas, The deferred operation of this resolve would tend to defeat its purpose, which is to establish forthwith an examination of commonwealth procurement policies relative to Congo conflict minerals, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience

     Resolved,that the executive office for administration and finance, in consultation with the inspector general, shall review the procurement policies of the commonwealth and issue a report that analyzes existing policies relative to products that may contain extracted mineral resources from the Democratic Republic of the Congo and its adjoining countries. The report shall: (i) examine best practices to ensure that electronics and information communications technology suppliers provide products that: (A) do not directly or indirectly finance armed conflict or result in labor or human rights violations in the Democratic Republic of the Congo or an adjoining country; (B) contain minerals, including columbite-tantalite, cassiterite, wolframite, gold and other similar or derivative minerals, for which the origin and exporter can be identified; and (C) contain raw materials for which the appropriate tax payments have been made; (ii) examine the efficacy and implications of penalties or a trade prohibition for businesses that are required to disclose information relating to conflict minerals originating in the Democratic Republic of the Congo or an adjoining country under section 13(p) of the Securities Exchange Act of 1934 and for which a disclosure report is not filed, the disclosure does not comply with said section 13(p) because it was considered under said law to be an unreliable determination or contains false information; and (iii) identify actions, including legislative recommendations, if any, necessary to support mineral exporters from the Democratic Republic of the Congo or an adjoining country that fully discloses their export payments and certifies that their minerals do not directly finance armed conflict, result in labor or human rights violations or damage the environment. 
     The report shall be filed with the clerks of the senate and the house of representatives and the senate and house chairs of the joint committee on state administration and regulatory oversight not later than July 1, 2017.

Approved January 6, 20