[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 189 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 189

To prohibit the entry into the United States of items produced, grown, 
   or manufactured in the People's Republic of China with the use of 
                             forced labor.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 26 (legislative day, January 5), 1993

 Mr. Helms introduced the following bill; which was read the first time

_______________________________________________________________________

                                 A BILL


 
To prohibit the entry into the United States of items produced, grown, 
   or manufactured in the People's Republic of China with the use of 
                             forced labor.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION OF ARTICLES USING FORCED LABOR.

    (a) In General.--Notwithstanding any other provision of law, no 
product, growth, or manufactured article of the People's Republic of 
China shall enter or be imported into the United States unless--
            (1) the Secretary of the Treasury (hereafter in this 
        section referred to as the ``Secretary'') determines that such 
        product, growth, or manufactured article is not the product, 
        growth, or manufacture of forced labor,
            (2) the determination described in paragraph (1) is based 
        on consultations described in subsection (b), and
            (3) the importer of any product, growth, or manufactured 
        article of the People's Republic of China submits a 
        certification to the Secretary in accordance with subsection 
        (c).
    (b) Right of Inspection and Consultation.--The United States shall 
use all diplomatic efforts to persuade the People's Republic of China 
to permit representatives of international humanitarian and 
intergovernmental organizations, such as the International Labor 
Organization and the International Committee of the Red Cross, to 
periodically inspect all camps, prisons, and other facilities holding 
detainees and the Secretary shall consult with representatives of such 
organizations in order to determine that products of the People's 
Republic of China which are for export are not being produced with the 
use of forced labor.
    (c) Certification.--The Secretary shall prescribe the form, 
content, and manner of submission of the certification (including 
documentation) required in connection with the entry or importation 
into the United States of any product, growth, or manufactured article 
of the People's Republic of China. Such certification shall satisfy the 
Secretary that the importer has taken steps to ensure that such product 
was not produced, grown, or manufactured with the use of forced labor.
    (d) Penalties.--
            (1) Unlawful acts.--It is unlawful to--
                    (A) enter or import into the United States any 
                product or article if such importation is prohibited 
                under subsection (a), or
                    (B) make a false certification under subsection 
                (c).
            (2) Civil penalties.--Any person or entity who violates 
        paragraph (1) shall be subject to a civil penalty of--
                    (A) not more than $10,000 for the first violation,
                    (B) not more than $100,000 for the second 
                violation, and
                    (C) not more than $1,000,000 for more than two 
                violations.
            (3) Construction.--Except as provided in paragraph (2), the 
        unlawful acts described in paragraph (1) shall be treated as 
        violations of the customs laws for purposes of applying the 
        enforcement provisions of the Tariff Act of 1930 (19 U.S.C. 
        1581 through 1641).
    (e) Definitions.--For purposes of this section:
            (1) Forced labor.--The term ``forced labor'' means all work 
        or service which is exacted from any person under the menace of 
        any penalty for its nonperformance and for which the worker 
        does not offer himself voluntarily.
            (2) Product, growth, or manufactured article.--A product, 
        growth, or manufactured article shall be treated as being a 
        product, growth, or manufacture of forced labor if--
                    (A) the article was fabricated, assembled, or 
                processed, in whole or in part;
                    (B) contains any part that was fabricated, 
                assembled, or processed in whole or in part; or
                    (C) was grown, harvested, mined, quarried, pumped, 
                or extracted,
        with the use of forced labor.
            (3) Enter, import, etc.--The term ``entry'', ``enter or be 
        imported'', ``import'', or ``importation'' means entered, or 
        withdrawn from warehouse for consumption, in the customs 
        territory of the United States.

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