I

104TH CONGRESS

2D SESSION H. R. 3843

To amend title 10, United States Code, to prohibit the Defense Commissary

Agency and nonappropriated fund instrumentalities of the Department

of Defense from purchasing imported consumer items to be sold in

commissary or exchange stores when such consumer items are not produced in conformity with minimum labor standards.

IN THE HOUSE OF REPRESENTATIVES

JULY 17, 1996

Mr. UNDERWOOD (for himself, Mr. GEPHARDT, Mr. BONIOR, Mr.

FUNDERBURK, Mr. LANTOS, Mr. BERMAN, Mr. RICHARDSON, Mr. ACKERMAN, Mr. EVANS, Mr. ABERCROMBIE, Mr. MORAN, Mr. MANTON, Mr.

TORRES, Ms. LOFGREN, Mr. TRAFICANT, Mr. HILLIARD, Mr. FRAZER,

Mr. KENNEDY of Massachusetts, Mr. SCHUMER, Mr. FALEOMAVAEGA,

Mr. TOWNS, Mr. SPRATT, Mr. ROMERO-BARCELO ́, Mr. FILNER, Mr.

YATES, Mr. DEFAZIO, Mr. HINCHEY, Mr. SANDERS, Ms. KAPTUR, Mr.

FATTAH, Mr. LIPINSKI, Mr. WATT of North Carolina, Mr. MEEHAN, Ms.

VELA ́ZQUEZ, Ms. ROYBAL-ALLARD, and Mr. HOLDEN) introduced the following bill; which was referred to the Committee on National Security

A BILL

To amend title 10, United States Code, to prohibit the Defense Commissary Agency and nonappropriated fund instrumentalities of the Department of Defense from purchasing imported consumer items to be sold in commissary or exchange stores when such consumer items

are not produced in conformity with minimum labor

standards.
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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 ‘‘Sweatshop Product

5 Ban Act of 1996’’.

6 SEC. 2. CONDITION ON SALE OF IMPORTED CONSUMER

7 ITEMS IN COMMISSARY AND EXCHANGE

8 STORES.

9 (a) COMPLIANCE WITH MINIMUM LABOR STAND10 ARDS REQUIRED.—(1) Chapter 147 of title 10, United

11 States Code, is amended by adding at the end the follow12 ing new section:

13 ‘‘§ 2490b. Commissary and exchange stores: condition

14 on sale of imported consumer items

15 ‘‘(a) COMPLIANCE WITH MINIMUM LABOR STAND16 ARDS.—The Defense Commissary Agency and any non17 appropriated fund instrumentality operating a military ex18 change store may not purchase for resale in a commissary

19 or exchange store any consumer item imported into the

20 United States if the Defense Commissary Agency or non21 appropriated fund instrumentality has reason to believe

22 that the consumer item was not produced in conformity

23 with minimum labor standards.

24 ‘‘(b) ESTABLISHMENT OF STANDARDS.—The Sec25 retary of Labor shall develop the minimum labor stand-
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1 ards to be applied for purposes of this section, in particu2 lar standards regarding the use of child or prison labor

3 and the production of consumer items under other inhu4 mane conditions.

5 ‘‘(c) PROCESS TO DETERMINE COMPLIANCE.—The

6 Secretary of Labor shall annually develop and submit to

7 the Secretary of Defense a list of companies and manufac8 turers that are not in compliance with the minimum labor

9 standards developed under subsection (b). The Secretary

10 of Defense shall annually certify to Congress that the De11 fense Commissary Agency and nonappropriated fund in12 strumentalities have not purchased any consumer items

13 from the companies and manufacturers identified by the

14 Secretary of Labor.

15 ‘‘(d) DEFINITION.—In this section, the term ‘non16 appropriated fund instrumentality’ means the Army and

17 Air Force Exchange Service, Navy Exchange Service Com18 mand, Marine Corps exchanges, or any other instrumen19 tality of the United States under the jurisdiction of the

20 Armed Forces which is conducted for the comfort, pleas21 ure, contentment, or physical or mental improvement of

22 members of the Armed Forces.’’.

23 (2) The table of sections at the beginning of such

24 chapter is amended by adding at the end the following

25 new item:
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‘‘2490b. Commissary and exchange stores: condition on sale of imported

consumer items.’’.

1 (b) EFFECTIVE DATE.—Section 2490b of title 10,

2 United States Code, as added by subsection (a), shall

3 apply with respect to contracts entered into or extended

4 after the date of the enactment of this Act for the pur5 chase of imported consumer items for sale in military com6 missary or exchange stores.

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