[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10467-S10470]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself, Mr. Hollings, Mr. Dorgan, Mr. Levin, 
        Ms. Mikulski, and Mr. Kennedy):
  S. 1551. A bill to prohibit the importation of goods produced abroad 
with child labor, and for other purposes; to the Committee on Finance.


                   child labor deterrence act of 1999

  Mr. HARKIN. Mr. President, today I am introducing the Child Labor 
Deterrence Act of 1999. The bill I am introducing today prohibits the 
importation of any product made, whole or in part, by children under 
the age of 15 who are employed in manufacturing or mining. This is the 
fifth 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 would 
like to thank Senators Hollings, Dorgan, Levin, Mikulski and Kennedy 
for joining me in this important effort as original cosponsors of this 
legislation.
  The International Labor Organization (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.
  Child labor is most prevalent in countries with high adult 
unemployment rates. According to the ILO, some 61 percent of child 
workers, nearly 153 million children, are found in Asia; 32 percent, or 
80 million, are in Africa and 7 percent, or 175 million, live in Latin 
America. Adult unemployment rates in some nations runs over 20 percent. 
In Latin America, for example, about one in every ten children are 
workers. Furthermore, in many nations where child labor is prevalent, 
more money is spent and allocated for military expenditures than for 
education and health services.
  The situation is as deplorable as it is enormous. In many developing 
countries children represent a substantial part of the work force and 
can be found in such industries as rugs, toys, textiles, mining, and 
sports equipment manufacturing.
  For instance, it is estimated that 65% of the wearing apparel that 
Americans purchase is assembled or manufactured abroad, therefore, 
increasing the chance that these items were made by abusive and 
exploitative child labor. In the rug industry, Indian and Pakistan 
produce 95% of their rugs for export. Some of the worst abuses of child 
labor have been documented in these countries, including bonded and 
slave labor.
  Children may also be crippled physically by being forced to work too 
early in life. For example, a large-scale ILO survey in the Philippines 
found that more than 60 percent of working children were exposed to 
chemical and biological hazards, and that 40 percent experienced 
serious injuries or illnesses.
  These practices are often underground, but the ILO report points out 
that children are still being sold outright for a sum of money. Other 
times, landlords buy child workers from their tenants, or labor 
``contractor'' pay rural families in advance in order to take their 
children away to work in carpet-weaving, glass manufacturing or 
prostitution. Child slavery of this type has long been reported in 
South Asia, South-East Asia and West Africa, despite vigorous official 
denial of its existence.
  Additionally, children are increasingly being bought and sold across 
national borders by organized networks. The ILO report states that at 
least five such international networks trafficking in children exist: 
from Latin America to Europe and the Middle East; from South and South-
East Asia to northern Europe and the Middle East; a European regional 
market; an associated Arab regional market; and, a West Africa export 
market in girls.
  In Pakistan, the ILO reported in 1991 that an estimated half of the 
50,000 children working as bonded labor in Pakistan's carpet-weaving 
industry will never reach the age of 12--victims of disease and 
malnutrition.
  I have press reports from India of children freed from virtual 
slavery in

[[Page S10468]]

the carpet factories of northern India. Twelve-year-old Charitra 
Chowdhary recounted his story--he said, ``If we moved slowly we were 
beaten on our backs with a stick. We wanted to run away but the doors 
were always locked.''
  Mr. President, that's what this bill is about, children, whose dreams 
and childhood are being sold for a pittance--to factor owners and in 
markets around the globe.
  It's about protecting children around the globe and their future. 
It's about eliminating a major form of child abuse in our world. It's 
about breaking the cycle of poverty by getting these kids out of 
factories and into schools. It's about raising the standard of living 
in the Third World so we can compete on the quality of goods instead of 
the misery and suffering of those who make them. It's about assisting 
Third World governments to enforce their laws by ending the role of the 
United States in providing a lucrative market for goods made by abusive 
and exploitative child labor and encouraging other nations to do the 
same.
  Mr. President, unless the economic exploitation of children is 
eliminated, the potential and creative capacity of future generations 
will forever be lost to the factory floor.
  Mr. President, the Child Labor Deterrence Act of 1999 is intended to 
strengthen existing U.S. trade laws and help Third World countries 
enforce their child labor laws. The bill directs the U.S. Secretary of 
Labor to compile and maintain a list of foreign industries and their 
respective host countries that use child labor in the production of 
exports to the United States. Once the Secretary of Labor identifies a 
foreign industry, the Secretary of the Treasury is instructed to 
prohibit the importation of a product from an identified industry. The 
entry ban would not apply if a U.S. importer signs a certificate of 
origin affirming that they took reasonable steps to ensure that 
products imported from identified industries are not made by child 
labor. In addition, the President is urged to seek an agreement with 
other governments to secure an international ban on trade in the 
products of child labor. Further, any company or individual who would 
intentionally violate the law would face both civil and criminal 
penalties.
  This legislation is not about imposing our standards on the 
developing world. It's about preventing those manufacturers in the 
developing world who exploit child labor from imposing their standards 
on the United States. They are forewarned. If manufacturers and 
importers insist on investing in child labor, instead of investing in 
the future of children, I will work to assure that their products are 
barred from entering the United States.
  Mr. President, as I said when I first introduced this bill five years 
ago, it is time to end this human tragedy and our participation in it. 
It is time for greater government and corporate responsibility. No 
longer can officials in the Third World or U.S. importers turn a blind 
eye to the suffering and misery of the world's children. No longer do 
American consumers want to provide a market for goods produced by the 
sweat and toil of children. By providing a market for goods produced by 
child labor, U.S. importers have become part of the problem by 
perpetuating the impoverishment of poor families. Through this 
legislation, importers now have the opportunity to become part of the 
solution by ending this abominable practice.
  Mr. President, countries do not have to wait until poverty is 
eradicated or they are fully developed before eliminating the economic 
exploitation of children. In fact, the path to development is to 
eliminate child labor and increase expenditures on children such as 
primary education. In far too many countries, governments spend 
millions on military expenditures and fail to provide basic educational 
opportunities to its citizens. As a result, over 130 million children 
are not in primary school.
  In conclusion, Mr. President, this legislation places no undue burden 
on U.S. importers. I know of no importer, company, or department store 
that would willingly promote the exploitation of children. I know of no 
importer, company, or department store that would want their products 
and image tainted by having their products produced by child labor. And 
I know that no American consumer would knowingly purchase something 
made with abusive and exploitative child labor. These entities take 
reasonable steps to ensure the quality of their goods; they should also 
be willing to take reasonable steps to ensure that their goods are not 
produced by child labor.
  Mr. President, I urge my colleagues to support this legislation. I 
ask unanimous consent that a copy of my bill be printed into the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1551

       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 1999''.

     SEC. 2. FINDINGS; PURPOSE; 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) The new International Labor Convention addressing the 
     worst forms of child labor calls on member States to take 
     immediate and effective action to prohibit and eliminate such 
     labor. According to the convention, the worst forms of child 
     labor are--
       (A) slavery;
       (B) debt bondage;
       (C) forced or compulsory labor;
       (D) the sale or trafficking of children, including the 
     forced or compulsory recruitment of children for use in armed 
     conflict;
       (E) child prostitution;
       (F) the use of children in the production and trafficking 
     of narcotics; and
       (G) any other work that, by its nature or due to the 
     circumstances in which it is carried out, is likely to harm 
     the health, safety, or morals of children.
       (4) According to the International Labor Organization, an 
     estimated 250,000,000 children under the age of 15 worldwide 
     are working, many of them in dangerous industries like mining 
     and fireworks.
       (5) Children under the age of 15 constitute approximately 
     22 percent of the workforce in some Asian countries, 41 
     percent of the workforce in parts of Africa, and 17 percent 
     of the workforce in many countries in Latin America.
       (6) 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 national 
     laws in many countries which purportedly prohibit the 
     employment of under age children.
       (7) In many countries, children under the age of 15 lack 
     either the legal standing or means to protect themselves from 
     exploitation in the workplace.
       (8) 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.
       (9) 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.
       (10) 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.
       (11) United Nations Children's Fund (commonly known as 
     UNICEF) estimates that by the year 2000, over 1,000,000 
     adults will be unable to read or write at a basic level 
     because such adults were forced to work as children and were 
     thus unable to devote the time to secure a basic education.
       (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 such children;
       (2) supporting activities and programs to extend primary 
     education, rehabilitation, and alternative skills training to 
     child workers, to improve birth registration, and to improve 
     the scope and quality of statistical information and research 
     on the commercial exploitation of such children in the 
     workplace; and

[[Page S10469]]

       (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 actively discourage 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 the production of goods for export as a means of competing 
     in international trade;
       (3) to amend Federal 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 such children.

     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 a 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 
     (including 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 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 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 invites the submission 
     within a reasonable time of oral and written comment 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

[[Page S10470]]

     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 unlawful acts 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 (19 U.S.C. 1202 et seq.), 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) $30,000,000 for each of fiscal years 2000 through 2004 
     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 2000 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.
                                 ______