[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2195 Reported in House (RH)]





                                                 Union Calendar No. 212

105th CONGRESS

  1st Session

                               H. R. 2195

                      [Report No. 105-366, Part I]

_______________________________________________________________________

                                 A BILL

 To provide for certain measures to increase monitoring of products of 
    the People's Republic of China that are made with forced labor.

_______________________________________________________________________

                            October 31, 1997

     Reported from the Committee on Ways and Means with amendments

                            October 31, 1997

  Referral to the Committee on International Relations extended for a 
             period ending not later than October 31, 1997

                            October 31, 1997

   Committee on International Relations discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed





                                                 Union Calendar No. 212
105th CONGRESS
  1st Session
                                H. R. 2195

                      [Report No. 105-366, Part I]

 To provide for certain measures to increase monitoring of products of 
    the People's Republic of China that are made with forced labor.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 1997

   Mr. Smith of New Jersey (for himself, Mr. Cox of California, Mr. 
    Gilman, Mr. Spence, Mr. Solomon, Mr. Shadegg, Mr. McIntosh, Mr. 
Rohrabacher, Mr. Gibbons, and Mr. Sam Johnson of Texas) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
  and in addition to the Committee on International Relations, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                            October 31, 1997

 Additional sponsors: Mr. Royce, Mr. Hunter, Mr. King, Mr. Lantos, Mr. 
 Hyde, Mr. Traficant, Mr. Watts of Oklahoma, Mr. Wolf, Mr. Weller, Mr. 
  Burton of Indiana, Mr. Watkins, Mr. Bonior, Mr. Brown of Ohio, Mr. 
      Evans, Ms. Furse, Mr. Gutierrez, Mr. Porter, and Mr. Filner

                            October 31, 1997

     Reported from the Committee on Ways and Means with amendments
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 31, 1997

  Referral to the Committee on International Relations extended for a 
             period ending not later than October 31, 1997

                            October 31, 1997

   Committee on International Relations discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on July 
                               17, 1997]

_______________________________________________________________________

                                 A BILL


 
 To provide for certain measures to increase monitoring of products of 
    the People's Republic of China that are made with forced labor.

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

SECTION 1. FINDINGS.

    The Congress makes the following findings:
            (1) The United States Customs Service has identified goods, 
        wares, articles, and merchandise mined, produced, or 
        manufactured under conditions of convict labor, forced labor, 
        and indentured labor in several countries.
            (2) The United States Customs Service has actively pursued 
        attempts to import products made with forced labor, resulting 
        in seizures, detention orders, fines, and criminal 
        prosecutions.
            (3) The United States Customs Service has taken 21 formal 
        administrative actions in the form of detention orders against 
        different products destined for the United States market, found 
        to have been made with forced labor, including products from 
        the People's Republic of China.
            (4) The United States Customs Service does not currently 
        have the tools to obtain the timely and in-depth verification 
        necessary to identify and interdict products made with forced 
        labor that are destined for the United States market.

SEC. 2. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR THE 
              IMPORTATION OF PRODUCTS MADE WITH FORCED LABOR.

    There are authorized to be appropriated for monitoring by the 
United States Customs Service of the importation into the United States 
of products made with forced labor, the importation of which violates 
section 307 of the Tariff Act of 1930 or section 1761 of title 18, 
United States Code, $2,000,000 for fiscal year 1999.

SEC. 3. REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS DESTINED FOR THE 
              UNITED STATES MARKET.

    (a) Report to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Commissioner of Customs shall prepare 
and transmit to the Congress a report on products made with forced 
labor that are destined for the United States market.
    (b) Contents of Report.--The report under subsection (a) shall 
include information concerning the following:
            (1) The extent of the use of forced labor in manufacturing 
        products destined for the United States market.
            (2) The volume of products made with forced labor, destined 
        for the United States market, that is in violation of section 
        307 of the Tariff Act of 1930 or section 1761 of the title 18, 
        United States Code, and is seized by the United States Customs 
        Service.
            (3) The progress of the United States Customs Service in 
        identifying and interdicting products made with forced labor 
        that are destined for the United States market.

SEC. 4. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.

    It is the sense of the Congress that the President should determine 
whether any country with which the United States has a memorandum of 
understanding with respect to reciprocal trade which involves goods 
made with forced labor is frustrating implementation of the memorandum. 
Should an affirmative determination be made, the President should 
immediately commence negotiations to replace the current memorandum of 
understanding with one providing for effective procedures for the 
monitoring of forced labor, including improved procedures to request 
investigations of suspected prison labor facilities by international 
monitors.

SEC. 5. DEFINITION OF FORCED LABOR.

    As used in this Act, the term ``forced labor'' means convict labor, 
forced labor, or indentured labor, as such terms are used in section 
307 of the Tariff Act of 1930.
            Amend the title so as to read: ``A bill to provide for 
        certain measures to increase monitoring of products that are 
        made with forced labor.''.