[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 706 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 706

To prohibit the importation of goods produced abroad with child labor, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 5), 1995

  Mr. Harkin (for himself, Mr. Conrad, Mr. Campbell, Mr. Kennedy, Mr. 
  Heflin, Ms. Mikulski, and Mr. Levin) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To prohibit the importation of goods produced abroad with child labor, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Labor Deterrence Act of 
1995''.

SEC. 2. FINDINGS, PURPOSE, AND POLICY.

    (a) Findings.--The Congress finds the following:
            (1) Principle 9 of the Declaration of the Rights of the 
        Child proclaimed by the General Assembly of the United Nations 
        on November 20, 1959, states that ``. . . the child shall not 
        be admitted to employment before an appropriate minimum age; he 
        shall in no case be caused or permitted to engage in any 
        occupation or employment which would prejudice his health or 
        education, or interfere with his physical, mental, or moral 
        development . . .''.
            (2) Article 2 of the International Labor Convention No. 138 
        Concerning Minimum Age For Admission to Employment states that, 
        ``The minimum age specified in pursuance of paragraph 1 of this 
        article shall not be less than the age of compulsory schooling 
        and, in any case, shall not be less than 15 years.''.
            (3) According to the International Labor Organization, 
        worldwide an estimated 200,000,000 children under age 15 are 
        working, many of them in dangerous industries like mining and 
        fireworks.
            (4) Children under the age 15 constitute approximately 11 
        percent of the workforce in some Asian countries, 17 percent in 
        parts of Africa, and a reported 12-26 percent in many countries 
        in Latin America.
            (5) The number of children under age 15 who are working, 
        and the scale of their suffering, increase every year, despite 
        the existence of more than 20 International Labor Organization 
        conventions on child labor and laws in many countries which 
        purportedly prohibit the employment of under age children.
            (6) In many countries, children under the age 15 lack 
        either the legal standing or means to protect themselves from 
        exploitation in the workplace.
            (7) The prevalence of child labor in many developing 
        countries is rooted in widespread poverty that is attributable 
        to unemployment and underemployment, precarious incomes, low 
        living standards, and insufficient education and training 
        opportunities among adult workers.
            (8) The employment of children under the age of 15 commonly 
        deprives the children of the opportunity for basic education 
        and also denies gainful employment to millions of adults.
            (9) The employment of children under the age of 15, often 
        at pitifully low wages, undermines the stability of families 
        and ignores the importance of increasing jobs, aggregated 
        demand, and purchasing power among adults as a catalyst to the 
        development of internal markets and the achievement of 
        broadbased, self-reliant economic development in many 
        developing countries.
    (b) Purpose.--The purpose of this Act is to curtail the employment 
of children under age 15 in the production of goods for export by--
            (1) eliminating the role of the United States in providing 
        a market for foreign products made by underage children;
            (2) supporting activities and programs to extend primary 
        education, rehabilitation, and alternative skills training to 
        underage child workers, to improve birth registration, and to 
        improve the scope and quality of statistical information and 
        research on the commercial exploitation of children in the 
        workplace; and
            (3) encouraging other nations to join in a ban on trade in 
        products described in paragraph (1) and to support those 
        activities and programs described in paragraph (2).
    (c) Policy.--It is the policy of the United States--
            (1) to discourage actively the employment of children under 
        age 15 in the production of goods for export or domestic 
        consumption;
            (2) to strengthen and supplement international trading 
        rules with a view to renouncing the use of underage children in 
        production as a means of competing in international trade;
            (3) to amend United States law to prohibit the entry into 
        commerce of products resulting from the labor of underage 
        children; and
            (4) to offer assistance to foreign countries to improve the 
        enforcement of national laws prohibiting the employment of 
        children under age 15 and to increase assistance to alleviate 
        the underlying poverty that is often the cause of the 
        commercial exploitation of children under age 15.

SEC. 3. UNITED STATES INITIATIVE TO CURTAIL INTERNATIONAL TRADE IN 
              PRODUCTS OF CHILD LABOR.

    In pursuit of the policy set forth in this Act, the President is 
urged to seek an agreement with governments that conduct trade with the 
United States for the purpose of securing an international ban on trade 
in the products of child labor.

SEC. 4. IDENTIFICATION OF FOREIGN INDUSTRIES AND THEIR RESPECTIVE HOST 
              COUNTRIES THAT UTILIZE CHILD LABOR IN EXPORT OF GOODS.

    (a) Identification of Industries and Host Countries.--The Secretary 
of Labor (hereafter in this section referred to as the ``Secretary'') 
shall undertake periodic reviews using all available information, 
including information made available by the International Labor 
Organization and human rights organizations (the first such review to 
be undertaken not later than 180 days after the date of the enactment 
of the Act), to identify any foreign industry that--
            (1) does not comply with the applicable national laws 
        prohibiting child labor in the workplace;
            (2) utilizes child labor in the export of products; and
            (3) has on a continuing basis exported products of child 
        labor to the United States.
For purposes of this Act, the identification of a foreign industry 
shall be treated as also being an identification of the host country.
    (b) Petitions Requesting Identification.--
            (1) Filing.--Any person may file a petition with the 
        Secretary requesting that a particular foreign industry and its 
        host country be identified under subsection (a). The petition 
        must set forth the allegations in support of the request.
            (2) Action on receipt of petition.--Not later than 90 days 
        after receiving a petition under paragraph (1), the Secretary 
        shall--
                    (A) decide whether or not the allegations in the 
                petition warrant further action by the Secretary in 
                regard to the foreign industry and its host country 
                under subsection (a); and
                    (B) notify the petitioner of the decision under 
                subparagraph (A) and the facts and reasons supporting 
                the decision.
    (c) Consultation and Comment.--Prior to identifying a foreign 
industry and its host country under subsection (a), the Secretary 
shall--
            (1) consult with the United States Trade Representative, 
        the Secretary of State, the Secretary of Commerce, and the 
        Secretary of the Treasury regarding such action;
            (2) hold at least 1 public hearing within a reasonable time 
        for the receipt of oral comment from the public regarding such 
        a proposal identification;
            (3) publish notice in the Federal Register--
                    (A) that such an identification is being 
                considered,
                    (B) of the time and place of the hearing scheduled 
                under paragraph (2), and
                    (C) inviting the submission within a reasonable 
                time of written comment from the public; and
            (4) take into account the information obtained under 
        paragraphs (1), (2), and (3).
    (d) Revocation of Identification.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may revoke the identification of any foreign industry and its 
        host country under subsection (a) if information available to 
        the Secretary indicates that such action is appropriate.
            (2) Report of secretary.--No revocation under paragraph (1) 
        may take effect earlier than the 60th day after the date on 
        which the Secretary submits to the Congress a written report--
                    (A) stating that in the opinion of the Secretary 
                the foreign industry and host country concerned does 
                not utilize child labor in the export of products; and
                    (B) stating the facts on which such opinion is 
                based and any other reason why the Secretary considers 
                the revocation appropriate.
            (3) Procedure.--No revocation under paragraph (1) may take 
        effect unless the Secretary--
                    (A) publishes notice in the Federal Register that 
                such a revocation is under consideration and inviting 
                the submission within a reasonable time of oral and 
                written comments from the public on the revocation; and
                    (B) takes into account the information received 
                under subparagraph (A) before preparing the report 
                required under paragraph (2).
    (e) Publication.--The Secretary shall--
            (1) promptly publish in the Federal Register--
                    (A) the name of each foreign industry and its host 
                country identified under subsection (a);
                    (B) the text of the decision made under subsection 
                (b)(2)(A) and a statement of the facts and reasons 
                supporting the decision; and
                    (C) the name of each foreign industry and its host 
                country with respect to which an identification has 
                been revoked under subsection (d); and
            (2) maintain in the Federal Register a current list of all 
        foreign industries and their respective host countries 
        identified under subsection (a).

SEC. 5. PROHIBITION ON ENTRY.

    (a) Prohibition.--
            (1) In general.--Except as provided in paragraph (2), 
        during the effective identification period for a foreign 
        industry and its host country the Secretary may not permit the 
        entry of any manufactured article that is a product of that 
        foreign industry.
            (2) Exception.--Paragraph (1) shall not apply to the entry 
        of a manufactured article--
                    (A) for which a certification that meets the 
                requirements of subsection (b) is provided and the 
                article, or the packaging in which it is offered for 
                sale, contains, in accordance with regulations 
                prescribed by the Secretary, a label stating that the 
                article is not a product of child labor;
                    (B) that is entered under any subheading in 
                subchapter IV or VI of chapter 98 (relating to personal 
                excemptions) of the Harmonized Tariff Schedule of the 
                United States; or
                    (C) that was exported from the foreign industry and 
                its host country and was en route to the United States 
                before the first day of the effective identification 
                period for such industry and its host country.
    (b) Certification That Article is not a Product of Child Labor.--
            (1) Form and content.--The Secretary shall prescribe the 
        form and content of documentation, for submission in connection 
        with the entry of a manufactured article, that satisfies the 
        Secretary that the exporter of the article in the host country, 
        and the importer of the article into the customs territory of 
        the United States, have undertaken reasonable steps to ensure, 
        to the extent practicable, that the article is not a product of 
        child labor.
            (2) Reasonable steps.--For purposes of paragraph (1), 
        ``reasonable steps'' include--
                    (A) in the case of the exporter of an article in 
                the host country--
                            (i) having entered into a contract, with an 
                        organization described in paragraph (4) in that 
                        country, allowing inspections for the purpose 
                        of certifying that the article is not a product 
                        of child labor, and will affix a label, 
                        protected under the copyright or trademark laws 
                        of the host country, that contains such 
                        certification; and
                            (ii) having affixed to the article a label 
                        described in clause (1); and
                    (B) in the case of the importer of an article into 
                the customs territory of the United States, having 
                required the certification and label described in 
                subparagraph (A) in the agreement setting forth the 
                terms and conditions of the acquisition or provision of 
                the imported article.
            (3) Written evidence.--The documentation required by the 
        Secretary under paragraph (1) shall include written evidence 
        that the reasonable steps set forth in paragraph (2) have been 
        taken.
            (4) Certifying organizations.--The Secretary shall compile 
        and maintain a list of independent, internationally credible 
        organizations, in any host country identified under section 4, 
        that have been established for the purpose of conducting 
        inspections, certifying, and labelling that manufactured 
        articles to be exported from that country are not products of 
        child labor. Each such organization shall consist of 
        representatives of nongovernmental child welfare organizations, 
        manufacturers, exporters, and neutral international 
        organizations.

SEC. 6. PENALTIES.

    (a) Unlawful Acts.--It is unlawful--
            (1) during the effective identification period applicable 
        to a foreign industry and its host country, to attempt to enter 
        any manufactured article that is a product of that industry if 
        the entry is prohibited under section 5(a)(1); or
            (2) to violate any regulation prescribed under section 7.
    (b) Civil Penalty.--Any person who commits any unlawful act set 
forth in subsection (a) is liable for a civil penalty of not to exceed 
$25,000.
    (c) Criminal Penalty.--In addition to being liable for a civil 
penalty under subsection (b), any person who intentionally commits any 
unlawful act set forth in subsection (a) is, upon conviction, liable 
for a fine of not less than $10,000 and not more than $35,000, or 
imprisonment for 1 year, or both.
    (d) Construction.--The violations set forth in subsection (a) shall 
be treated as violations of the customs laws for purposes of applying 
the enforcement provisions of the Tariff Act of 1930, including--
            (1) the search, seizure and forfeiture provisions;
            (2) section 592 (relating to penalties for entry by fraud, 
        gross negligence, or negligence); and
            (3) section 619 (relating to compensation to informers).

SEC. 7. REGULATIONS.

    The Secretary shall prescribe regulations that are necessary or 
appropriate to carry out this Act.

SEC. 8. DEFINITIONS.

    For the purposes of this Act:
            (1) Manufactured article.--A manufactured article shall be 
        treated as being a product of child labor if the article--
                    (A) was fabricated, assembled, or processed, in 
                whole or part;
                    (B) contains any part that was fabricated, 
                assembled, or processed, in whole or in part; or
                    (C) was mined, quarried, pumped, or otherwise 
                extracted;
        by one or more children who engaged in the fabrication, 
        assembly, processing, or extraction--
                    (i) in exchange for remuneration (regardless to 
                whom paid), subsistence, goods or services, or any 
                combination of the foregoing;
                    (ii) under circumstances tantamount to involuntary 
                servitude; or
                    (iii) under exposure to toxic substances or working 
                conditions otherwise posing serious health hazards.
            (2) Child.--The term ``child'' means--
                    (A) an individual who has not attained the age of 
                15, as measured by the Julian calendar; or
                    (B) an individual who has not attained the age of 
                14, as measured by the Julian calendar, in the case of 
                a country identified under section 4 whose national 
                laws define a child as such an individual.
            (3) Effective identification period.--The term ``effective 
        identification period'' means, with respect to a foreign 
        industry or country, the period that--
                    (A) begins on the date of that issue of the Federal 
                Register in which the identification of the foreign 
                industry or country is published under section 
                4(e)(1)(A); and
                    (B) terminates on the date of that issue on the 
                Federal Register in which the revocation of the 
                identification referred to in subparagraph (A) is 
                published under section 4(e)(1)(B).
            (4) Entered.--The term ``entered'' means entered, or 
        withdrawn from warehouse for consumption, in the customs 
        territory of the United States.
            (5) Foreign industry.--The term ``foreign industry'' 
        includes any entity that produces a manufactured article in a 
        host country.
            (6) Host country.--The term ``host country'' means any 
        foreign country and any possession or territory of a foreign 
        country that is administered separately for customs purposes 
        (and includes any designated zone within such country, 
        possession, or territory) in which a foreign industry is 
        located.
            (7) Manufactured article.--The term ``manufactured 
        article'' means any good that is fabricated, assembled, or 
        processed. The term also includes any mineral resource 
        (including any mineral fuel) that is entered in a crude state. 
        Any mineral resource that at entry has been subjected to only 
        washing, crushing, grinding, powdering, levigation, sifting, 
        screening, or concentration by flotation, magnetic separation, 
        or other mechanical or physical processes shall be treated as 
        having been processed for the purposes of this Act.
            (8) Secretary.--The term ``Secretary'', except for purposes 
        of section 4, means the Secretary of the Treasury.

SEC. 9. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR 
              UNDERAGE CHILD WORKERS.

    In order to carry out section 2(c)(4), there is authorized to be 
appropriated to the President the sum of--
            (1) $10,000,000 for each of fiscal years 1996 through 2000 
        for a United States contribution to the International Labor 
        Organization for the activities of the International Program on 
        the Elimination of Child Labor; and
            (2) $100,000 for fiscal year 1996 for a United States 
        contribution to the United Nations Commission on Human Rights 
        for those activities relating to bonded child labor that are 
        carried out by the Subcommittee and Working Group on 
        Contemporary Forms of Slavery.
                                 <all>
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