I
105TH CONGRESS
1ST SESSION
H. R. 320
To prohibit the entry into the United States of items produced, grown,
or manufactured in the People’s Republic of China with the use of
forced labor.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. SOLOMON introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To prohibit the entry into the United States of items pro-
duced, grown, or manufactured in the People’s Republic
of China with the use of forced labor.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chinese Slave Labor
Act’’.
SEC. 2. PROHIBITION ON IMPORTATION OF ARTICLES
MADE WITH FORCED LABOR.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no article that is the product, growth, or man-
ufacture of the People’s Republic of China shall enter or
be imported into the United States unless—
(1) the Secretary of the Treasury (hereafter in
this section referred to as the ‘‘Secretary’’) deter-
mines that such article is not the product, growth,
or manufacture of forced labor; and
(2) such determination is based on consulta-
tions described in subsection (b) and a certification
submitted to the Secretary in accordance with sub-
section (c).
(b) RIGHT OF INSPECTION AND CONSULTATION.—
The United States shall use all diplomatic efforts to per-
suade the People’s Republic of China to permit represent-
atives of international humanitarian and intergovern-
mental organizations, such as the International Labor Or-
ganization and the International Committee of the Red
Cross, to periodically inspect all camps, prisons, and other
facilities holding detainees in that country, and the Sec-
retary shall consult with representatives of such organiza-
tions to assure that products of the People’s Republic of
China which are for export are not being produced with
the use of forced labor.
(c) CERTIFICATION.—The Secretary shall prescribe
the form and content of the certification (including docu-
mentation) for submission in connection with any article
that is the product, growth, or manufacture of the Peo-
ple’s Republic of China that satisfies the Secretary that
the importer has taken steps to ensure that such article
was not produced, grown, or manufactured with the use
of forced labor.
(d) PENALTIES.—
(1) UNLAWFUL ACTS.—It is unlawful to—
(A) enter or import into the United States
any article if such entry or importation is pro-
hibited under subsection (a), or
(B) make a false certification under sub-
section (c).
(2) CIVIL PENALTIES.—Any person or entity
who violates paragraph (1) shall be subject to a civil
penalty of—
(A) not more than $10,000 for the first
violation,
(B) not more than $100,000 for the sec-
ond violation, and
(C) not more than $1,000,000 for any sub-
sequent violation.
(3) CONSTRUCTION.—Except as provided in
paragraph (2), the unlawful acts described in para-
graph (1) shall be treated as violations of the cus-
toms laws for purposes of applying sections 581
through 641 of the Tariff Act of 1930 (19 U.S.C.
1581 through 1641).
(e) DEFINITIONS.—For purposes of this section:
(1) FORCED LABOR.—The term ‘‘forced labor’’
means any work or service which is exacted from
any person under the threat of any penalty for its
nonperformance and for which the worker does not
offer himself or herself voluntarily.
(2) PRODUCT, GROWTH, OR
MANUFACTURED
ARTICLE.—An article shall be treated as being a
product, growth, or manufacture of forced labor if
the article—
(A) was fabricated, assembled, or proc-
essed, in whole or in part,
(B) contains any part that was fabricated,
assembled, or processed in whole or in part, or
(C) was grown, harvested, mined, quarried,
pumped, or extracted,
with the use of forced labor.
(3) ENTER OR IMPORT.—The terms ‘‘enter’’ or
‘‘import’’ into the United States means entered, or
withdrawn from warehouse for consumption, in the
customs territory of the United States.
Æ