[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10464-S10467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself Mr. Hollings, and Mr. Dorgan):
  S. 1549. A bill to inform and empower consumers in the United States 
through a voluntary labeling system for wearing apparel or sporting 
goods made without abusive and exploitative child labor, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.


           Child Labor Free Consumer Information Act of 1999

  Mr. HARKIN. Mr. President, today I am introducing legislation that 
will inform and empower consumers in the United States through a 
voluntary labeling system for wearing apparel and sporting goods made 
without the use of abusive and exploitative child labor. I am joined in 
my efforts by Senators Hollings and Dorgan. I want to thank them for 
working with me on this important effort.
  This is the third time I have come to the floor of the Senate to 
introduce this bill, and I will continue to introduce it until it 
becomes law.
  I'd like to ask my colleagues to take a moment to look around. Maybe 
it's the shirt you have on right now. Or the silk tie or blouse. Or the 
tennis shoes you wear on weekends.
  Chances are that you have purchased something--perhaps many things--
made with abusive and exploitative child labor. And chances are you 
were completely unaware that was the case. You will find a label that 
tells you what size it is, how to care for it and what it costs. But it 
doesn't tell you about the person who made it.
  Mr. President, recently, the International Labor Organization (ILO) 
released a very grim report about the number of children who toil away 
in abhorrent conditions. The ILO estimates that over two hundred and 
fifty million children worldwide under the age of 15 are working 
instead of receiving a basic education. Many of these children begin 
working in factories at the age of 6 or 7, some even younger. They are 
poor, malnourished, and often forced to work 60-hour weeks for little 
or no pay.
  Now when I speak about child labor, I am not talking about 17 year-
olds helping out on the family farm or running errands after school. I 
am speaking about children, often under 12 years old, who are forced to 
work long hours in hazardous and dangerous conditions many as slaves 
instead of going to school.
  On September 23, 1993, the Senate appropriately put itself on record 
as expressing its principled opposition to the abhorrent practice of 
exploiting children for commercial gain and asserting that it should be 
the policy of the United States to prohibit the importation of products 
made through the use of abusive and exploitative child labor by passing 
a Sense of the Senate Resolution I introduced. In my view, this was the 
first step toward ending child labor.
  Americans in Des Moines or Dallas or Detroit may say, ``What does 
this have to do with us?'' It is quite simple. By protecting the rights 
of workers everywhere, we will be protecting jobs and opportunities 
here at home. A U.S. worker cannot compete with a 12 year old working 
12 hours a day for 12 cents.
  In 1998, the United States imported almost 50 percent of the wearing 
apparel sold in this country and the garment industry netted $34 
billion. According to the Department of Commerce, last year, the United 
States imported 494.1 million pairs of athletic footwear and produced 
only 65.3 million here at home.

  As I have traveled around the country and spoken with people about 
the issue of abusive and exploitative child labor, I have found that 
consumers--ordinary Americans--want to get involved. They want 
information. They want to know if the products they are buying are made 
by children.
  According to a survey sponsored by Marymount University, more than 
three out of four Americans said they would avoid shopping at stores if 
they were aware that the good sold there were made by exploitative and 
abusive child labor. They also said that they would be willing to pay 
an extra $1 on a $20 garment if it were guaranteed to be made under 
legitimate circumstances.
  Mr. President it is obvious that consumers don't want to reward 
companies with their hard earned dollars by buying products made with 
abusive and exploitative child labor.
  This issue demands our attention. Our legislation, the Child Labor 
Free Consumer Information Act 1999, will inform and empower consumers 
in the United States through a voluntary labeling system for wearing 
apparel and sporting goods made without abusive and exploitative child 
labor. In my view, a system of voluntary labeling holds the best 
promise of giving consumers the information they want--and giving the 
companies that manufacture these products the recognition they deserve.
  The crux of this legislation is to provide the framework for members 
of the wearing apparel and sporting goods industry, labor 
organizations, consumer advocacy and human rights groups along with the 
Secretaries of Commerce, Treasury and Labor to establish the labeling 
standard and develop a system to assure compliance that items were not 
made with abusive and exploitative child labor. Thus, ensuring 
consumers that the garment or pair of tennis shoes they purchase was 
made without abusive and exploitative child labor.
  In my view, Congress can't do it alone through legislation. The 
Department of Labor can't do it alone through enforcement. It takes all 
of us from the private sector to labor and human rights groups to take 
responsibility, to come together to end abusive and exploitative child 
labor. And I am pleased to say there has recently been promising action 
to that end.
  Mr. President, when the private sector decides to take speak up--it 
certainly can make a difference. In Bangladesh, the Bangladesh Garment 
Manufacturers and Exporters Association has agreed to work with the 
International Labor Organization to take children out of the garment 
factories and put them into school--where they belong. As of May 1999, 
more than 353 schools for former child workers have opened, serving 
nearly 10,000 children. So, if we can do it in Bangladesh, then we can 
do it elsewhere.
  Mr. President, let me be clear, companies can choose to use the label 
or not to. This bill is not about big government telling the private 
sector what to do. This bill is centered around this fundamental 
principle: Let the Buyer Be Aware. This ``Truth in Labeling'' 
initiative is based on the principle that a fully informed American 
consumer will make the right, and moral, choice and vote against 
abusive and exploitative child labor with their pocketbook.

  We have seen such an approach work effectively with the Rugmark label 
for hand-knotted carpets from India. It is operating in some European 
countries. Consumers who want to buy child labor-free carpets can just 
look for the Rugmark label. I visited the Rugmark headquarters in New 
Delhi, India last year. Mr. President, this initiative is working. It 
has succeeded in taking children out of the factories and putting them 
into schools while providing consumers with the information they need. 
To date, 1.25 million of carpets have received the Rugmark label.
  Mr. President, the progress that has been made on eradicating abusive 
and exploitative child labor is irreversible.

[[Page S10465]]

Therefore we must continue to more forward. And I believe my bill 
allows us to do just that. It allows the consumer to know more about 
the products they buy and give companies that use the label the 
recognition they deserve.
  Our nation began this century by working to end abusive and 
exploitative child labor in America, let us close this century by 
ending child labor around the world. I urge my colleagues to support 
this legislation.
  I ask unanimous consent that a copy of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1549

       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 Free Consumer 
     Information Act of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Secretary of Labor has conducted at least 5 
     detailed studies that document the fact that abusive and 
     exploitative child labor exists worldwide;
       (2) the Secretary of Labor has also determined, through the 
     studies referred to in paragraph (1), that child laborers are 
     often forced to work beyond their physical capacities or 
     under conditions that threaten their health, safety, and 
     development, and are denied basic educational opportunities;
       (3) in most instances, countries that have abusive and 
     exploitative child labor also experience a high adult 
     unemployment rate;
       (4) the International Labor Organization (commonly known as 
     the ``ILO'') in 1999 estimated that--
       (A) approximately 250,000,000 children who are ages 5 
     through 14 are working in developing countries; and
       (B) many of those children manufacture wearing apparel or 
     sporting goods that are offered for sale in the United 
     States;
       (5) consumers in the United States spend billions of 
     dollars each year on wearing apparel and sporting goods;
       (6) consumers in the United States have the right to 
     information on whether the articles of wearing apparel 
     (including any section of that wearing apparel) or sporting 
     goods that the consumers purchase are made without abusive 
     and exploitative child labor;
       (7) the rugmark labeling and monitoring system is a 
     successful model for eliminating abusive and exploitative 
     child labor in the rug industry;
       (8) the labeling of wearing apparel or sporting goods would 
     provide the information referred to in paragraph (6) to 
     consumers; and
       (9) it is important to recognize United States businesses 
     that have effective programs to ensure that products sold in 
     the United States are not made with abusive and exploitative 
     child labor.
              TITLE I--CHILD LABOR FREE LABELING STANDARDS

     SEC. 101. CHILD LABOR FREE LABELING STANDARDS.

       (a) Establishment of Labeling Standards.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Labor, in 
     consultation with the Child Labor Free Commission established 
     under section 201, shall issue regulations to ensure that a 
     label using the terms ``Not Made With Child Labor'', ``Child 
     Labor Free'', or any other term or symbol referring to child 
     labor does not make a false statement or suggestion that an 
     article or section of wearing apparel or sporting good was 
     not made with child labor. The regulations developed under 
     this section shall encourage the use of an easily 
     identifiable symbol or term indicating that the article or 
     section of wearing apparel or sporting good was not made with 
     child labor.
       (2) Notification on use.--
       (A) In general.--A producer, importer, exporter, 
     distributor, or other person intending to use any label 
     referred to in paragraph (1) shall submit a notification to 
     the Commission for review under subparagraph (C).
       (B) Notification.--The notification referred to in 
     subparagraph (A) shall include information concerning the 
     source of the article or section of wearing apparel or 
     sporting good to which the label will be affixed, including 
     information on--
       (i) the country in which the article or section of wearing 
     apparel or sporting good is manufactured;
       (ii) the name and location of the manufacturer; and
       (iii) any outsourcing by the manufacturer in the 
     manufacture of the article or section of wearing apparel or 
     sporting good.
       (C) Review of notification.--Upon receipt of the 
     notification, the Commission shall review the notification 
     and inform the Secretary of Labor concerning the findings of 
     the review. The permission of the Secretary of Labor shall be 
     required for the use of the label. The Secretary of Labor, in 
     consultation with the Commission, shall establish procedures 
     for granting permission to use a label under this 
     subparagraph.
       (3) Fee.--The Secretary of Labor is authorized to charge a 
     fee to cover the expenses of the Commission in reviewing a 
     notification under paragraph (2). The level of fees charged 
     under this paragraph shall not exceed the administrative 
     costs incurred in reviewing a notification. Fees collected 
     under this paragraph shall be available to the Secretary of 
     Labor for expenses incurred in the review and response of the 
     Commission under this subsection.
       (4) Applicability.--The regulations issued under paragraph 
     (1) shall apply to any label contained in or affixed to--
       (A) an article or section of wearing apparel or sporting 
     good that is exported from or offered for sale in the United 
     States;
       (B) any packaging for an article or section of wearing 
     apparel or sporting good referred to in subparagraph (A); or
       (C) any advertising for an article or section of wearing 
     apparel or sporting good referred to in subparagraph (A).
       (5) Effective date.--The regulations issued under paragraph 
     (1) shall take effect on the date that is 180 days after the 
     date of publication as final regulations.
       (b) Violation of Section 5 of the Federal Trade Commission 
     Act.--It is a violation of section 5 of the Federal Trade 
     Commission Act (15 U.S.C. 45) for any producer, importer, 
     exporter, distributor, or seller of any article or section of 
     wearing apparel or sporting good that is exported from or 
     offered for sale in the United States--
       (1) to falsely indicate on the label of that article or 
     section of wearing apparel or sporting good, the packaging of 
     the article or section of wearing apparel or sporting good, 
     or any advertising for the article or section of wearing 
     apparel or sporting good that the article or section of 
     wearing apparel or sporting good was not made with child 
     labor; or
       (2) to otherwise falsely claim or suggest that the article 
     (or section of that article) of wearing apparel or sporting 
     good was not made with child labor.
       (c) Amendment to the Federal Trade Commission Act.--Section 
     5(m)(1) of the Federal Trade Commission Act (15 U.S.C. 
     45(m)(1)) is amended--
       (1) in subparagraph (A), by striking ``The Commission'' and 
     inserting ``Except as provided in subparagraph (D), the 
     Commission'';
       (2) in subparagraph (B), by striking ``If the Commission'' 
     and inserting ``Except as provided in subparagraph (D), if 
     the Commission''; and
       (3) by adding at the end the following new subparagraph:
       ``(D)(i)(I) In lieu of the applicable civil penalty under 
     subparagraph (A) or (B), in any case in which the Commission 
     commences a civil action for a violation of section 101 of 
     the Child Labor Free Consumer Information Act of 1999 under 
     subparagraph (A), under subparagraph (B) for an unfair or 
     deceptive practice that is considered to be a violation of 
     this section by reason of section 101(b) of such Act, or 
     under subparagraph (C) for a continuing failure that is 
     considered to be a violation of this section by reason of 
     section 101(b) of such Act, if that violation--
       ``(aa) is a knowing or willful violation, the amount of a 
     civil penalty for the violation shall be determined under 
     clause (ii); or
       ``(bb) is not a knowing or willful violation, no penalty 
     shall be assessed against the person, partnership, or 
     corporation that committed the violation.
       ``(II) For purposes of this subparagraph, if in an action 
     referred to in subclause (I), the Commission asserts that a 
     violation is a knowing and willful violation, the defendant 
     shall bear the burden of proving otherwise.
       ``(ii) The amount of a civil penalty for a violation under 
     clause (i)(I)(aa) that is committed shall be--
       ``(I) for an initial violation, an amount equal to the 
     greater of--
       ``(aa) 2 times the retail value of the articles of wearing 
     apparel or sporting goods mislabeled; or
       ``(bb) $200,000; and
       ``(II) for any subsequent violation, an amount equal to the 
     greater of--
       ``(aa) 4 times the retail value of the articles of wearing 
     apparel or sporting goods mislabeled; or
       ``(bb) $400,000.''.
       (d) Special Fund To Assist Children.--
       (1) Creation of fund.--There is established in the United 
     States Treasury a special fund to be known as the ``Free the 
     Children Fund''.
       (2) Transfers into fund.--There are appropriated to the 
     special fund amounts equivalent to the penalties collected 
     under this section (including the amendments made by this 
     section). The Secretary of the Treasury shall, upon request 
     of the Secretary of Labor, make the amounts in the special 
     fund available to the Secretary of Labor for use by the 
     Secretary of Labor for educational and other programs 
     described in paragraph (3).
       (3) Availability.--Amounts deposited into the special fund 
     shall be available for educational and other programs with 
     the goal of eliminating child labor.
       (e) Other Industries.--The Commission may, as appropriate, 
     develop labeling standards similar to the labeling standards 
     developed under this section for any industry that is not 
     otherwise covered under this Act and recommend to the 
     Secretary of Labor that those standards be promulgated. If 
     the standards are promulgated by the Secretary of Labor--
       (1) the provisions of this Act and the amendments made by 
     this Act shall apply to the labeling covered by those 
     standards in the same manner as they apply to any other 
     standards promulgated by the Secretary of Labor under this 
     section; and

[[Page S10466]]

       (2) it shall be a violation of section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45) for any producer, 
     importer, exporter, distributor, or seller of any good that 
     is covered under the labeling standards and that is exported 
     from or offered for sale in the United States--
       (A) to falsely indicate on the label of that good, the 
     packaging of the good, or any related advertising that the 
     good was not made with child labor; or
       (B) to otherwise falsely claim or suggest that the good was 
     not made with child labor.

     SEC. 102. REVIEW OF PETITIONS BY THE CHILD LABOR FREE 
                   COMMISSION.

       (a) In General.--In addition to the procedures established 
     under section 5 of the Federal Trade Commission Act (15 
     U.S.C. 45), the Child Labor Free Commission established under 
     section 201 shall assist the Federal Trade Commission by 
     reviewing petitions under this section.
       (b) Contents of Petitions.--A petition under this section 
     shall--
       (1) be submitted in such form and in such manner as the 
     Federal Trade Commission, in consultation with the Secretary 
     of Labor and the Child Labor Free Commission, shall 
     prescribe;
       (2) contain the name of the--
       (A) petitioner; and
       (B) person or entity involved in the alleged violation of 
     the labeling standards under section 101; and
       (3) provide a detailed explanation of the alleged 
     violation, including all available evidence.
       (c) Review by Commission.--
       (1) In general.--The Commission shall, to the maximum 
     extent practicable, not later than 90 days after receiving a 
     petition, review the petition to determine whether there 
     appears to have been a violation of the labeling standards.
       (2) Action by the federal trade commission.--
       (A) In general.--Upon completion of a review conducted 
     under paragraph (1), the Commission shall forward the 
     petition to the Secretary of Labor, together with a report by 
     the Commission containing a determination by the Commission 
     concerning the merits of the petition, including whether a 
     violation of the labeling standards occurred and whether 
     there appears to have been a knowing and willful (within the 
     meaning of section 5(m)(1)(D)(i) of the Federal Trade 
     Commission Act, as added by section 101(c) of this Act) or 
     repeated violation of those standards.
       (B) Duties of the secretary of labor.--Upon receipt of the 
     petition and report, the Secretary of Labor shall--
       (i) forward a copy of the petition and report to the 
     Federal Trade Commission for review by the Federal Trade 
     Commission; and
       (ii) review the petition and report.
       (3) Temporary withdrawal of permission; order to cease and 
     desist.--
       (A) Temporary withdrawal of permission.--If the Secretary 
     of Labor determines, on the basis of the report referred to 
     in paragraph (2), that there is a substantial likelihood that 
     a violation of the labeling standards promulgated under 
     section 101 has occurred, the Secretary of Labor may 
     temporarily withdraw the permission granted under section 
     101(a)(2)(C) and inform the Federal Trade Commission of the 
     action and the reason for the action.
       (B) Order to cease and desist.--If the Federal Trade 
     Commission concurs with a determination of the Child Labor 
     Free Commission in the report referred to in subparagraph (A) 
     that a violation of the labeling standards has occurred, the 
     Federal Trade Commission shall take such action as may be 
     necessary under the Federal Trade Commission Act (15 U.S.C. 
     41 et seq.) to cause the person or entity in violation of the 
     labeling standards under section 101 to cease and desist from 
     violating those standards immediately upon that concurrence.
                 TITLE II--CHILD LABOR FREE COMMISSION

     SEC. 201. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``Child Labor Free Commission''.
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 17 
     members, of whom--
       (A) 1 shall be the Secretary of Commerce or a designee of 
     the Secretary of Commerce;
       (B) 1 shall be the Secretary of the Treasury or a designee 
     of the Secretary of the Treasury;
       (C) 1 shall be the United States Trade Representative or a 
     designee of the United States Trade Representative;
       (D) 1 shall be the Secretary of Labor or a designee of the 
     Secretary of Labor, who shall serve as the Chairperson of the 
     Commission;
       (E) 3 shall be representatives of nongovernmental 
     organizations that work toward the eradication of abusive and 
     exploitative child labor and the promotion of human rights, 
     appointed by the Secretary of Labor;
       (F) 3 shall be representatives of labor organizations, 
     appointed by the Secretary of Labor;
       (G) 3 shall be representatives of the wearing apparel 
     industry, appointed by the Secretary of Labor;
       (H) 3 shall be representatives of the sporting goods 
     industry, appointed by the Secretary of Labor; and
       (I) 1 additional member shall be appointed by the Secretary 
     of Labor.
       (2) Date.--The appointments of the members of the 
     Commission shall be made not later than 60 days after the 
     date of enactment of this Act.
       (c) Period of Appointment; Vacancies.--
       (1) Period of appointment.--Each member of the Commission 
     shall serve for a term of 4 years, except that in appointing 
     the initial members of the Commission, the Secretary of Labor 
     shall stagger the terms of the members who are not officers 
     or employees of the United States.
       (2) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment.
       (d) Initial Meeting.--Not later than 30 days 
     after the date on which all members of the Commission have 
     been appointed, the Commission shall hold its first meeting.
       (e) Meetings.--The Commission shall meet at the call of the 
     Chairperson or at the request of a majority of the members.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings or other meetings.

     SEC. 202. DUTIES OF THE COMMISSION.

       The Commission shall--
       (1) assist the Secretary of Labor in developing labeling 
     standards under section 101;
       (2) assist the Secretary of Labor in developing and 
     implementing a system to ensure compliance with the labeling 
     standards established under section 101, including--
       (A) receiving, reviewing, and making recommendations for 
     the resolution of petitions received under section 102 that 
     allege noncompliance with the labeling standards under 
     section 101;
       (B) making recommendations to the Secretary of Labor for 
     the removal of labels subject to the standards under section 
     101 that are found to be in violation of those standards;
       (C) assisting the Secretary of Labor in developing and 
     implementing a system to promote the increased use of the 
     labeling standards under section 101;
       (D) publishing, not less frequently than annually, a list 
     of persons and entities that have notified the Commission of 
     their intent to use a label under section 101(a)(2); and
       (E) publishing, not less frequently than annually, a list 
     of persons and entities found to be in violation of any 
     provision of this Act; and
       (3) not later than 1 year after the date of the 
     establishment of the Commission, commence a study into the 
     feasibility of developing an easily identifiable labeling 
     standard that the Secretary of Labor may issue to encourage 
     the use of voluntary labels that ensure consumers that an 
     article of wearing apparel or sporting good was made without 
     the use of sweatshop or exploited adult labor.

     SEC. 203. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the duties of the Commission under this title.
       (b) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the duties of the Commission under this title. Upon 
     request of the Chairperson of the Commission, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       (c) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 204. COMMISSION PERSONNEL MATTERS.

       (a) Non-Federal Members.--Each member of the Commission who 
     is not an officer or employee of the Federal Government shall 
     serve without compensation.
       (b) Federal Members.--Each member of the Commission who is 
     an officer or employee of the United States shall serve 
     without compensation in addition to that received for that 
     member's services as an officer or employee of the United 
     States.

     SEC. 205. ADMINISTRATIVE AND SUPPORT SERVICES.

       The Secretary of Labor shall, to the extent permitted by 
     law, provide the Commission with such administrative 
     services, funds, facilities, staff, and other support 
     services as may be necessary for the performance of its 
     functions.

     SEC. 206. PERMANENCY.

       Section 14 of the Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Commission.
         TITLE III--RECOGNITION OF EXEMPLARY CORPORATE EFFORTS

     SEC. 301. ANNUAL REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Secretary of Labor shall 
     issue a report concerning companies that are making exemplary 
     progress in ensuring that products made, sold, or distributed 
     by those companies are not made with abusive and exploitative 
     child labor.

     SEC. 302. ADDITIONAL METHODS.

       In addition to the reports made under section 301, the 
     Secretary of Labor in consultation with the Commission shall 
     develop and implement other methods of providing recognition 
     for exemplary programs carried out

[[Page S10467]]

     by companies to ensure that products made, sold, or 
     distributed by those companies are not made with abusive and 
     exploitative child labor.
                         TITLE IV--DEFINITIONS

     SEC. 401. DEFINITIONS.

       In this Act:
       (1) Child.--The term ``child'' means--
       (A) an individual who has not attained the age of 15 years, 
     as measured by the Julian calendar; or
       (B) an individual who has not attained the age of 14 years, 
     as measured by the Julian calendar, in the case of an 
     individual who resides in a country that, by law, defines a 
     child as such an individual.
       (2) Commission.--The term ``Commission'' means the Child 
     Labor Free Commission established under section 201.
       (3) Label.--The term ``label'' means a display of written, 
     printed, or graphic matter on or affixed to an article of 
     wearing apparel or a sporting good or on the packaging of the 
     article or a sporting good that meets the standards described 
     in section 101(a).
       (4) Made with child labor.--
       (A) In general.--A manufactured article or section of 
     wearing apparel or a sporting good shall be considered to 
     have been made with child labor if the article or section--
       (i) was fabricated, assembled, or processed in whole or in 
     part; or
       (ii) contains any part that was fabricated, assembled, or 
     processed in whole or in part,
     by any child described in subparagraph (B).
       (B) Covered children.--A child is described in this 
     subparagraph if that child engaged in the fabrication, 
     assembly, or processing of the article or section--
       (i) under circumstances that the Secretary of Labor 
     considers to be abusive or exploitative;
       (ii) under circumstances tantamount to involuntary 
     servitude; or
       (iii) under--

       (I) exposure to toxic substances or working conditions that 
     otherwise pose serious health hazards; or
       (II) working conditions that result in the child's being 
     deprived of basic educational opportunities.

       (5) Producer.--The term ``producer'' includes a contractor 
     or subcontractor of a manufacturer of all or part of a good.
       (6) Sporting good.--The term ``sporting good'' shall have 
     the meaning provided that term by the Secretary of Labor.
       (7) Wearing apparel.--The term ``wearing apparel'' shall 
     have the meaning provided that term by the Secretary of 
     Labor.
                                 ______