Forcing Out Underage Labor Act of 1996 - Directs the Secretary of Labor to identify countries that manufacture soccer balls with the use of child labor. Prohibits the importation of such an item into the United States, unless it contains a label stating that it is not a product of child labor. Sets forth both civil and criminal penalties for violation of this prohibition.
Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor and the United Nations Commission on Human Rights for certain activities related to bonded child labor.
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 4307 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 4307
To prohibit the importation of soccer balls manufactured or assembled
with child labor.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 1996
Mr. Kennedy of Massachusetts (for himself, Mr. Smith of New Jersey, Mr.
Brown of California, Mr. Moran, Mr. Sanders, Mr. Evans, and Mr. Frank
of Massachusetts) introduced the following bill; which was referred to
the Committee on Ways and Means, and in addition to the Committee on
International Relations, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the importation of soccer balls manufactured or assembled
with child labor.
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 ``Forcing Out Underage Labor Act of
1996''.
SEC. 2. PROHIBITION ON IMPORTATION OF SOCCER BALLS MANUFACTURED OR
ASSEMBLED WITH CHILD LABOR.
(a) Identification of Countries.--The Secretary of Labor shall
identify those countries in which soccer balls are manufactured or
assembled, in whole or in part, with the use of child labor.
(b) Prohibition on Imports.--
(1) Prohibition.--The Secretary of the Treasury shall
prohibit the entry of any soccer balls manufactured or
assembled, in whole or in part, in a country identified by the
Secretary of Labor under subsection (a). For purposes of this
subsection and subsection (a), the term ``assembled'' includes,
but is not limited to, stitching.
(2) Exception.--Paragraph (1) shall not apply to the entry
of any article for which a certification that meets the
requirements of subsection (c) is provided and the article, or
the packaging in which it is offered for sale, contains, in
accordance with regulations prescribed by the Secretary of
Labor, a label stating that the article is not a product of
child labor.
(c) Certification That Article Is Not a Product of Child Labor.--
(1) Form and content.--The Secretary of the Treasury 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 to the United
States, and the importer of the article into the customs
territory of the United States, have undertaken reasonable
steps to ensure that the article is not a product of child
labor.
(2) Reasonable steps.--For purposes of paragraph (1),
``reasonable steps'' includes--
(A) in the case of the exporter of an article--
(i) having entered into a contract with an
organization described in paragraph (4) in the
country concerned for allowing inspections for
the purpose of certifying both that the article
is not a product of child labor, and that a
label, protected under the copyright or
trademark laws of that country, that contains
such certification is affixed to the article;
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) in the agreement 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.--The Secretary of the
Treasury shall compile and maintain a list of independent
professional, internationally credible organizations, in
foreign countries, that have been established for the purpose
of conducting inspections, certifying, and labeling that
articles to be exported from those countries are not products
of child labor. Each such organization may consist of, but not
be limited to, representatives of nongovernmental child welfare
and human rights organizations, manufacturers, exporters,
independent trade unions, national governments, and neutral
international organizations.
SEC. 3. PENALTIES.
(a) Unlawful Acts.--It is unlawful--
(1) to attempt to enter any soccer ball if the entry is
prohibited under section 2(b)(1); or
(2) to violate any regulation prescribed under section 4.
(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 not more than 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. 4. REGULATIONS.
The Secretary of Labor and the Secretary of the Treasury shall
issue such regulations as are necessary to carry out this Act.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Child labor.--The term ``child labor'' means the
performance of services in exchange for remuneration (without
regard to whom paid), subsistence, goods, or services, or any
combination thereof, or under circumstances tantamount to
involuntary servitude--
(A) by persons who have not attained the minimum
age, except for--
(i) light work by persons no more than 2
years younger than the minimum age that is not
likely to harm their health or development and
which does not prejudice their attendance at
school, their participation in vocational
orientation or training programs approved by
the competent authority in the country
concerned, or their capacity to benefit from
the instruction received,
(ii) work on family and small-scale
agricultural holdings which produce for local
consumption and do not regularly employ hired
workers,
(iii) work done by persons at least 14
years of age in schools or other training
institutions for general, vocational, or
technical education,
(iv) work done by persons at least 14 years
of age as an integral part of a program of
education, training, or occupational guidance
carried out in accordance with conditions
prescribed by the competent authority in the
country concerned, and
(v) participation in artistic performances
pursuant to permits granted in individual cases
by the competent authority in the country
concerned; and
(B) by persons under the age of 18 if such services
would likely jeopardize the health, safety, or moral
character of a young person, except for the performance
of such services by individuals at least 16 years of
age where--
(i) the country concerned has expressly
authorized such employment by national laws or
regulation;
(ii) the health, safety, and morals of the
individuals involved are fully protected; and
(iii) the individuals involved have
received adequate specific instruction or
vocational training in the relevant branch of
activity.
(2) Minimum age.--The term ``minimum age'' means the age at
which children complete compulsory schooling under the national
laws of the country concerned, or the age of 15, whichever is
older, except that when a country whose economy and educational
facilities are insufficiently developed has specified, pursuant
to an international agreement, a minimum age of 14 years for a
period of limited and specifically identified duration, the
term ``minimum age'' means the age of 14 years during that
period with respect to that country.
(3) Product of child labor.--An article shall be treated as
being manufactured or assembled with the use of child labor if
the article--
(A) was fabricated, assembled, or processed, in
whole or part, or
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part,
with child labor.
(4) Entry.--The term ``entry'' means entry, or withdrawal
from warehouse for consumption, in the customs territory of the
United States.
SEC. 6. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
There is authorized to be appropriated to the President the sum
of--
(1) $10,000,000 for each of fiscal years 1997 through 2000
for a 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 1997 for a 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>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on International Operations and Human Rights.
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