[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 332 Introduced in Senate (IS)]



105th CONGRESS
  1st Session
                                 S. 332

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 1997

   Mr. Harkin (for himself, Mr. Conrad, Mr. Kennedy, Mr. Dorgan, 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 
1997''.

SEC. 2. FINDINGS, PURPOSE, AND POLICY.

    (a) Findings.--Congress makes the following findings:
            (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 the age of 15 
        are working, many of them in dangerous industries like mining 
        and fireworks.
            (4) Children under the age of 15 constitute approximately 
        11 percent of the workforce in some Asian countries, 17 percent 
        of the workforce in parts of Africa, and a reported 12-26 
        percent of the workforce in many countries in Latin America.
            (5) The number of children under the age of 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 of 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 under-employment, 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 the age of 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 under age children;
            (2) supporting activities and programs to extend primary 
        education, rehabilitation, and alternative skills training to 
        under age 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 
        the age of 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 under age 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 under age 
        children; and
            (4) to offer assistance to foreign countries to improve the 
        enforcement of national laws prohibiting the employment of 
        children under the age of 15 and to increase assistance to 
        alleviate the underlying poverty that is often the cause of the 
        commercial exploitation of children under the age of 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 the government of each country that 
conducts trade with the United States for the purpose of securing an 
international ban on trade in products of child labor.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 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 5 whose national 
                laws define a child as such an individual.
            (2) Effective identification period.--The term ``effective 
        identification period'' means, with respect to a foreign 
        industry or host 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 host country is published under section 
                5(e)(1)(A); and
                    (B) terminates on the date of that issue of the 
                Federal Register in which the revocation of the 
                identification referred to in subparagraph (A) is 
                published under section 5(e)(1)(B).
            (3) Entered.--The term ``entered'' means entered, or 
        withdrawn from warehouse for consumption, in the customs 
        territory of the United States.
            (4) Extraction.--The term ``extraction'' includes mining, 
        quarrying, pumping, and other means of extraction.
            (5) Foreign industry.--The term ``foreign industry'' 
        includes any entity that produces, manufactures, assembles, 
        processes, or extracts an 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) Products of child labor.--An article shall be treated 
        as being a product of child labor--
                    (A) if, with respect to the article, a child was 
                engaged in the manufacture, fabrication, assembly, 
                processing, or extraction, in whole or in part; and
                (B) if the labor was performed--
                            (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.
            (9) Secretary.--The term ``Secretary'', except for purposes 
        of section 5, means the Secretary of the Treasury.

SEC. 5. IDENTIFICATION OF FOREIGN INDUSTRIES AND THEIR RESPECTIVE HOST 
              COUNTRIES THAT UTILIZE CHILD LABOR IN EXPORT OF GOODS.

    (a) Identification of Industries and Host Countries.--
            (1) In general.--The Secretary of Labor (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 enactment 
        of this Act), to identify any foreign industry that--
                    (A) does not comply with applicable national laws 
                prohibiting child labor in the workplace;
                    (B) utilizes child labor in connection with 
                products that are exported; and
                    (C) has on a continuing basis exported products of 
                child labor to the United States.
            (2) Treatment of identification.--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.--Before 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 proposed 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 Indentification.--
            (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 do not 
                utilize child labor in connection with products that 
                are exported; 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 and publish in the Federal Register a current 
        list of all foreign industries and their respective host 
        countries identified under subsection (a).

SEC. 6. 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 no article that is a product of 
        that foreign industry may be entered into the customs territory 
        of the United States.
            (2) Exception.--Paragraph (1) shall not apply to the entry 
        of an 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 of the Harmonized 
                Tariff Schedule of the United States (relating to 
                personal exemptions); 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 an 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, providing for the inspection of the 
                        foreign industry's facilities for the purpose 
                        of certifying that the article is not a product 
                        of child labor, and affixing 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 (i); 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) and 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.--
                    (A) In general.--The Secretary shall compile and 
                maintain a list of independent, internationally 
                credible organizations, in each host country identified 
                under section 5, that have been established for the 
                purpose of--
                            (i) conducting inspections of foreign 
                        industries,
                            (ii) certifying that articles to be 
                        exported from that country are not products of 
                        child labor, and
                            (iii) labeling the articles in accordance 
                        with paragraph (2)(A).
                    (B) Organization.--Each certifying organization 
                shall consist of representatives of nongovernmental 
                child welfare organizations, manufacturers, exporters, 
                and neutral international organizations.

SEC. 7. PENALTIES.

    (a) Unlawful Acts.--It shall be unlawful, during the effective 
identification period applicable to a foreign industry and its host 
country--
            (1) to attempt to enter any article that is a product of 
        that industry if the entry is prohibited under section 6(a)(1); 
        or
            (2) to violate any regulation prescribed under section 8.
    (b) Civil Penalty.--Any person who commits an unlawful act set 
forth in subsection (a) shall be liable for a civil penalty 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 an 
unlawful act set forth in subsection (a) shall be, 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. 8. REGULATIONS.

    The Secretary shall prescribe regulations to carry out the 
provisions of this Act.

SEC. 9. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR UNDER 
              AGE 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 1998 through 2002 
        for the 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 1998 for the 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>