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S. 613 (103rd): Child Labor Deterrence Act of 1993


The text of the bill below is as of Mar 18, 1993 (Introduced).


S 613 IS

103d CONGRESS

1st Session

S. 613

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

IN THE SENATE OF THE UNITED STATES

March 18 (legislative day, MARCH 3), 1993

Mr. HARKIN (for himself, Mr. CONRAD, Mr. INOUYE, Mr. GRASSLEY, Mr. ROCKEFELLER, Mr. METZENBAUM, Mr. FEINGOLD, Mr. CAMPBELL, Mr. DORGAN, and Mr. RIEGLE) 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 1993’.

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 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.

      (8) 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 broad-based, self-reliant economic development in many developing countries.

      (9) Adult workers in the United States and other developed countries should not have their jobs imperiled by imports produced by child labor in 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; and

      (2) encouraging other nations to join in a ban on trade in such products.

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 and its host country that--

      (1) utilize child labor in the export of products; and

      (2) has on a continuing basis exported products of child labor to the United States.

    (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) publish notice in the Federal Register that such an identification is being considered and inviting the submission within a reasonable time of written comment from the public; and

      (3) take into account the information obtained under paragraphs (1) and (2).

    (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 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 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;

        (B) that is entered under any subheading in subchapter IV or VI of chapter 98 (relating to personal exemptions) 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 importer of the article has undertaken reasonable steps to ensure, to the extent practicable, that the article is not a product of child labor.

      (2) WRITTEN EVIDENCE- The documentation required by the Secretary under paragraph (1) shall include written evidence that the agreement setting forth the terms and conditions of the acquisition or provision of the imported article includes the condition that the article not be a product of child labor.

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 an individual who has not attained the age of 15.

      (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 any possession or territory of a foreign country.

      (6) HOST COUNTRY- The term ‘host country’ means any possession or territory of a foreign country that is administered separately for customs purposes and on which a foreign industry produces a manufactured article.

      (7) MANUFACTURED ARTICLE- The term ‘manufactured article’ means any good that is fabricated, assembled, or processed. The term also includes any mineral resources (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.