II

107TH CONGRESS

1ST SESSION S. 1353

To amend the Tariff Act of 1930 to eliminate the consumptive demand

exception relating to the importation of goods made with forced labor.

IN THE SENATE OF THE UNITED STATES

AUGUST 3, 2001

Mr. HARKIN introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend the Tariff Act of 1930 to eliminate the consumptive demand exception relating to the importation of

goods made with forced labor.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Socially Responsible

5 Consumers’ Choice and Anti-Child Labor Act’’.

6 SEC. 2. GOODS MADE WITH FORCED OR INDENTURED

7 LABOR.

8 (a) IN GENERAL.—The second sentence of section

9 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amend-
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1 ed by striking ‘‘; but in no case’’ and all that follows to

2 the end period.

3 (b) EFFECTIVE DATE.—The amendment made by

4 this section applies to goods entered, or withdrawn from

5 warehouse for consumption, on or after the date that is

6 15 days after the date of enactment of this Act.

7 SEC. 3. REPORTING REQUIREMENT ON CONVICT, FORCED,

8 OR INDENTURED LABOR PRODUCTS DES9 TINED FOR UNITED STATES MARKETS.

10 (a) REPORT TO CONGRESS.—Not later than 1 year

11 after the date of enactment of this Act, and annually

12 thereafter, the Commissioner of Customs shall prepare

13 and transmit to Congress a report on products made, in

14 whole or in part, by convict labor or/and forced labor or/

15 and indentured labor, including such products made by

16 convict, forced, or indentured child labor that are destined

17 for United States markets.

18 (b) CONTENTS OF REPORT.—The annual report de19 scribed in subsection (a) shall include information con20 cerning the following:

21 (1) The extent of the use of convict, forced, or

22 indentured labor (including convict, forced, or inden23 tured child labor) of products made, in whole or in

24 part, by such labor and destined for United States

25 markets.
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1 (2) The volume and specific nature of products

2 made, in whole or in part, by convict, forced, or in3 dentured labor (including convict, forced, or inden4 tured child labor) and destined for United States

5 markets, that are subject to either detention orders

6 or findings pertaining to a violation of section 307

7 of the Tariff Act of 1930 (19 U.S.C. 1307) or sec8 tion 1761 of title 18, United States Code, and that

9 are detained or otherwise seized by the United

10 States Customs Service.

11 (3) The progress of the United States Customs

12 Service in identifying, interdicting, and seizing prod13 ucts destined for United States markets that are

14 made, in whole or in part, by convict, forced, or in15 dentured labor (including convict, forced, or inden16 tured child labor) and the enforcement actions taken

17 against the entities involved in such products.

18 (4) Identification of any country with which the

19 United States has a memorandum of understanding

20 or similar agreement with respect to reciprocal

21 trade, which prohibits the exportation of products

22 destined for United States markets made, in whole

23 or in part, by convict, forced, or indentured labor

24 (including convict, forced, or indentured child labor),
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1 that is not fully complying with the terms of the

2 memorandum or agreement.

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