NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999 (Senate - May 14, 1998)

AMENDMENT NO. 2388

(PURPOSE: RELATING TO THE USE OF FORCED LABOR IN THE PEOPLE'S REPUBLIC OF CHINA)

Mr. HUTCHINSON. Mr. President, I call up amendment No. 2388 and ask for its consideration.

The PRESIDING OFFICER. The clerk will report.

The assistant legislative clerk read as follows:

The Senator from Arkansas (Mr. Hutchinson), for himself and Mr. Abraham, proposes an amendment numbered 2388.

Mr. HUTCHINSON. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.

The amendment is as follows:
Add at the end the following new sections:

SEC. XX. FINDINGS.
Congress makes the following findings:

(1) The United States Customs Service has identified goods, wares, articles, and merchandise mined, produced, or manufactured under conditions of convict labor, forced labor, and indentured labor in several countries.

(2) The United States Customs Service has actively pursued attempts to import products made with forced labor, resulting in seizures, detention orders, fines, and criminal prosecutions.

(3) The United States Customs Service has taken 21 formal administrative actions in the form of detention orders against different products destined for the United States market, found to have been made with forced labor, including products from the People's Republic of China.

(4) The United States Customs Service does not currently have the tools to obtain the timely and in-depth verification necessary to identify and interdict products made with forced labor that are destined for the United States market.

SEC. XX. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR THE IMPORTATION OF PRODUCTS MADE WITH FORCED LABOR.
There are authorized to be appropriated for monitoring by the United States Customs Service of the importation into the United States of products made with forced labor, the importation of which violates section 307 of the Tariff Act of 1930 or section 1761 of title 18, United States Code, $2,000,000 for fiscal year 1999.

SEC. XX. REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS DESTINED FOR THE UNITED STATES MARKET.
(a) Report to Congress: Not later than 1 year after the date of the enactment of this Act, the Commissioner of Customs shall prepare and transmit to Congress a report on products made with forced labor that are destined for the United States market.
(b) Contents of Report: The report under subsection (a) shall include information concerning the following:

(1) The extent of the use of forced labor in manufacturing products destined for the United States market.

(2) The volume of products made with forced labor, destined for the United States market, that is in violation of section 307 of the Tariff Act of 1930 or section 1761 of the title 18, United States Code, and is seized by the United States Customs Service.

(3) The progress of the United States Customs Service in identifying and interdicting products made with forced labor that are destined for the United States market.

SEC. XX. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.
It is the sense of Congress that the President should determine whether any country with which the United States has a memorandum of understanding with respect to reciprocal trade which involves goods made with forced labor is frustrating implementation of the memorandum. Should an affirmative determination be made, the President should immediately commence negotiations to replace the current memorandum of understanding with one providing for effective procedures for the monitoring of forced labor, including improved procedures to request investigations of suspected prison labor facilities by international monitors.

SEC. XX. DEFINITION OF FORCED LABOR.
As used in sections XX through XX of this Act, the term `forced labor' means convict labor, forced labor, or indentured labor, as such terms are used in section 307 of the Tariff Act of 1930.

Mr. HUTCHINSON. Mr. President, I ask unanimous consent to add my good friend and colleague, Senator Abraham of Michigan, as an original cosponsor of this amendment.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. HUTCHINSON. Mr. President, this amendment is simple and, again, it was noncontroversial when it was voted on in the House of Representatives. In fact, the language in this amendment passed the House with almost unanimous support. Having served in the House 4 years, I know this happens rarely. It was a 419-to-2 vote. So, it had overwhelming bipartisan support.

This amendment will simply do two things: First, it will express the sense of the Congress that the President should replace any memorandums of understanding on prison labor that lack effective monitoring procedures like the one negotiated with the People's Republic of China and replace the agreement with a stricter monitoring system.

Second, the bill authorizes $2 million in additional funds for the U.S. Customs Service to monitor the importation of slave-labor-produced goods. As everyone in this body knows, the importation of goods made by convicts has been banned for more than a half a century. This law underscores Americans' firm conviction that such products produced by coerced and forced labor should not be sold in this country. I believe Americans are repulsed by the very thought of benefiting from cheap prices on products produced by the sweat and blood of foreign prisoners.

Despite this ban, products made in Communist China's vast archipelago of slave labor camps, known as the laogai, continue to flow into this country unabated. This system of laogai, a word meaning reform through labor, was designed for the dual purposes of political control and forced economic development. Interestingly, this system is modeled on Stalin's Soviet Gulag, which we all remember was exposed most graphically by Alexander Solzhenitsyn.

This system of forced labor, slave labor, has been an integral part of Chinese totalitarianism since the inception of the People's Republic of China in 1949. Harry Wu, a survivor of the laogai, and a friend of mine, has estimated that some 50 million Chinese men and women have passed through these camps, of whom 15 million have perished. Today, anywhere from 6 to 8 million people are captive in the 1,100 camps of laogai, held and forced to work under grossly inhumane conditions.

According to official statistics, the laogai operate 140 export enterprises selling products to over 70 nations abroad, including the United States. These enterprises are responsible for producing key commodities, including uranium, graphite, rubber, cotton, asbestos, and one-third of Chinese tea is produced in these slave labor camps, as well as a huge array of consumer goods, including toys, artificial flowers and, ironically, Christmas lights and rosaries.

When I went to China in January, I asked to visit a laogai prison. In fact, I asked every day. I asked repeatedly, and repeatedly, but my requests to visit a laogai prison were denied. Fortunately, one of my colleagues in the House on an earlier trip, Representative Frank Wolf, was able to visit Beijing Prison No. 1. This is the exterior of that prison camp that Congressman Wolf visited, a prison camp that includes a slave labor industry.

This second photo shows us the picture of the Beijing hosiery factory. This is located inside of that prison camp.

The third photo actually shows the assembly line where these products are made.

In this prison, Mr. Wolf found slave laborers producing socks on this assembly line. I have some of the very socks produced on that assembly line which Mr. Wolf brought back. You can see the socks. This particular pair was determined to be for export. This is not just a matter of laogai slave labor prisons, which would be horrific enough, that would be bad enough, but these particular products were made for export to other countries.

When I was in China, I saw many things. One thing I did not

see was any golf courses, but the logo on these socks is a person swinging a golf club, obviously not intended for sale within China but for sale on the foreign market.

Although the United States entered into binding agreements with China in 1992 and 1994 to bar trade in prison labor products and to allow inspection of its forced-labor camps, the Chinese Government has frustrated their implementation, both by using dual names to disguise camp products and by denying access to those slave labor camps.

In 1996, the Chinese Government granted access to just one prison labor camp. Out of the whole laogai system, access in 1996 was granted to only one that had been requested by the U.S. Customs Service.

Mr. President, the following two charts show examples of laogai prison camps that have never been inspected, though the request has been made to visit. These photos were taken, obviously, outside the camp. This is laogai slave labor camp No. 5 and Zhejiang laogai slave labor camp. Both of these labor camps--we have a second picture as well--show individuals going into the camp. These pictures were obtained by the Laogai Research Foundation.

Mr. President, the two most recent State Department human rights reports on China state that `Repeated delays in arranging prison labor site visits called into question the government's intention regarding the implementation of the two agreements.'

So we have two agreements with China which were to provide for inspections of these camps in which these kinds of products are made to compete with American workers. According to our State Department, we have found, instead of cooperation, obstructionism and delays in arranging for visits to those labor camps.

Obviously, I think this indicates that the Chinese Government is not intent on cooperating with us on trying to ensure that the products produced are not being sold domestically or to the foreign market and that humane conditions prevail in these camps.

The U.S. Customs Service has already banned 27 different products of laogai camps. Unfortunately, in testimony before the Senate Foreign Relations Committee, on May 22, 1997, the Customs Commissioner George Weise noted that the Customs Service is too weak and understaffed to monitor China's slave labor enterprises.

Specifically, he said:

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We simply do not have the tools within our present arsenal at Customs to gain the timely and in depth verification that we need.

I want to say I do not know whether he is accurate in that contention or not. I would not presume to say whether or not the Customs Service actually has the resources to do the job or not. But I want them to have no excuse; I do not want them to be able to come to the House or to the Senate, to our committees, our oversight committees, and say, we simply cannot do the job that we are mandated to do in ensuring that these products are not being sold in the United States of America that are being produced in these slave labor camps.

These expansive forced-labor camps operate at very low costs even in relation to China's lower wage scale, thus providing them a competitive advantage over other firms and giving them sizable profit margins that help to fund the Chinese Government. The laogai are in a win-win situation. It is a win-win for China. They help maintain their political control and indoctrination of the citizenry, and they funnel money into their treasury through these slave labor enterprises. American businesses that use wage-earning employees are being placed at a competitive disadvantaged by less scrupulous competitors who use this illegal source of artificially cheap labor.

These socks are the kind of thing they are producing. And they are producing them with slave labor, prisoners who are being paid little, if anything. And those laborers are competing with American workers, placing our workers at an incredible disadvantage. As more businesses rely on Chinese slave labor and slave-labor-produced goods, U.S. employment in these industries fall. Thus, despite the productivity advantage of U.S. labor--and I do not believe there is a better worker in the world; I do not believe there are harder workers in the world than the American worker--but in spite of that high productivity, how can we ask them to compete? And, in fact, they cannot compete against low- or no-cost employment in the People's Republic of China.

Mr. President, I doubt American consumers would knowingly fund a Stalinist system of forced labor and repression. That is why they support laws banning this practice and expect the U.S. Government to do everything possible to ensure that such products are not sold in the United States. Yet because of the lax enforcement and the open Chinese disregard for United States law, Americans are being duped into buying products made by slave laborers. I think that is unfortunate. I think they are doing so unwittingly. But I think we have to do a better job to ensure, in monitoring those products that are coming into this country, that they are not made in inhumane, slave labor conditions that exist in hundreds of prisons in China today.

That is why this is a modest--what I would call a baby step, this is a minimalist approach. This is the least we can do, to simply give $2 million to the Customs Service and say we have to have better monitoring of these products. We have a moral obligation to do everything in our power to stop slave labor and to end the flow of slave-labor-produced goods in this country which will stop the flow of profits or at least slow the flow of profits into the PRC. I think it is a rational first step, a small step but a rational step.

I urge my fellow Senators to join 419 Members of the U.S. House of Representatives by passing this amendment to increase the Customs Service enforcement funding and to reach agreements that give the Customs Service the powers they need to end this bloody trail.

I ask for the yeas and nays on this amendment.

The PRESIDING OFFICER. Is there a sufficient second?

Is there a sufficient second?

There is not a sufficient second.

Several Senators addressed the Chair.

The PRESIDING OFFICER. The Senator from South Carolina.

Mr. THURMOND. I would like to inquire of the Senator, here he provides $2 million to be used to handle this situation. Will that come out of the defense bill?

Mr. HUTCHINSON. I say to the chairman, I would presume that the $2 million--this is an amendment to the Department of Defense bill, so I would assume the $2 million would come out of the defense bill. And $2 million, I might add--if I might inquire of the chairman, the total budget, the total amount authorized in the defense bill, is how much?

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Mr. THURMOND. If that comes out of defense, then I will have to oppose the amendment.

Mr. HUTCHINSON. I simply say that the national security of the United States--part of that is ensuring that the People's Liberation Army and the Chinese Government not receive resources and revenues through products produced by slave labor.

Mr. HARKIN. Will the Senator yield?

Mr. HUTCHINSON. I am glad to.

Mr. HARKIN. To answer the chairman's point, it does not come out of defense. It just authorizes the Department of Treasury to allocate $2 million.

Mr. HUTCHINSON. Two million dollars.

Mr. HARKIN. For this purpose.

Mr. HUTCHINSON. I thank my colleague for that clarification.

Mr. HARKIN. It does not come out of this.

Mr. HUTCHINSON. I say to the chairman, may I clarify my previous response that in fact it would not come from the Department of Defense, not come from the defense budget, but authorizes $2 million from the Department of Treasury. So it would not in any way intrude upon that which your committee has sought to ensure adequate defenses for the country.

Mr. THURMOND. Thank you for the clarification.

Mr. HARKIN addressed the Chair.

The PRESIDING OFFICER. The Senator from Iowa.

AMENDMENT NO. 2402 TO AMENDMENT NO. 2388

(PURPOSE: TO INCREASE MONITORING OF IMPORTED PRODUCTS MADE WITH FORCED OR INDENTURED LABOR AND FORCED OR INDENTURED CHILD)

Mr. HARKIN. Mr. President, I have an amendment to the Hutchinson amendment I send to the desk.

The PRESIDING OFFICER. The clerk will report.

The legislative clerk read as follows:

The Senator from Iowa [Mr. Harkin], for himself and Mr. Wellstone, proposes an amendment numbered 2402 to amendment No. 2388.

Mr. HARKIN. Mr. President, I ask that reading of the amendment be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.

The amendment is as follows:

In lieu of the language proposed to be inserted, insert the following:

SECTION 1. FINDINGS.
Congress makes the following findings:

(1) The United States Customs Service has identified goods, wares, articles, and merchandise mined, produced, or manufactured under conditions of convict labor, forced labor, or indentured labor, in several countries.

(2) The United States Customs Service has made limited attempts to prohibit the import of products made with forced labor, resulting in only a few seizures, detention orders, fines, and criminal prosecutions.

(3) The United States Customs Service has taken 21 formal administrative actions in the form of detention orders against different products destined for the United States market, found to have been made with forced labor, including products from the People's Republic of China.

(4) However, the United States Customs Service has never formally investigated or pursued enforcement with respect to attempts to import products made with forced or indentured child labor.

(5) The United States Customs Service can use additional resources and tools to obtain the timely and in-depth verification necessary to identify and interdict products made with forced labor or indentured labor, including forced or indentured child labor, that are destined for the United States market.

(6) The International Labor Organization estimates that approximately 250,000,000 children between the ages of 5 and 14 are working in developing countries, including millions of children in bondage or otherwise forced to work for little or no pay.

(7) Congress has clearly indicated in Public Law 105-61, Treasury-Postal Service Appropriations, 1998, that forced or indentured child labor constitutes forced labor under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).

SEC. 2. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR THE IMPORTATION OF PRODUCTS MADE WITH FORCED OR INDENTURED LABOR.
There are authorized to be appropriated $2,000,000 for fiscal year 1999 to the United States Customs Service to monitor the importation of products made with forced labor or indentured labor, including forced or indentured child labor, the importation of which violates section 307 of the Tariff Act of 1930 or section 1761 of title 18, United States Code.

SEC. 3. REPORTING REQUIREMENT ON FORCED LABOR OR INDENTURED LABOR PRODUCTS DESTINED FOR THE UNITED STATES MARKET.
(a) Report to Congress: Not later than 1 year after the date of enactment of this Act, the Commissioner of Customs shall prepare and transmit to Congress a report on products made with forced labor or indentured labor, including forced or indentured child labor that are destined for the United States market.
(b) Contents of Report: The report under subsection (a) shall include information concerning the following:

(1) The extent of the use of forced labor or indentured labor, including forced or indentured child labor in manufacturing or mining products destined for the United States market.

(2) The volume of products made or mined with forced labor or indentured labor, including forced or indentured child labor that is--

(A) destined for the United States market,

(B) in violation of section 307 of the Tariff Act of 1930 or section 1761 of title 18, United States Code, and

(C) seized by the United States Customs Service.

(3) The progress of the United States Customs Service in identifying and interdicting products made with forced labor or indentured labor, including forced or indentured child labor that are destined for the United States market.

SEC. 4. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.
It is the sense of Congress that the President should determine whether any country with which the United States has a memorandum of understanding with respect to reciprocal trade that involves goods made with forced labor or indentured labor, including forced or indentured child labor is frustrating implementation of the memorandum. If an affirmative determination be made, the President should immediately commence negotiations to replace the current memorandum of understanding with one providing for effective procedures for the monitoring of forced labor or indentured labor, including forced or indentured child labor. The memorandum of understanding should include improved procedures for requesting investigations of suspected work sites by international monitors.

SEC. 5. DEFINITION OF FORCED LABOR.
In this Act, the term `forced labor' means convict labor, forced labor, or indentured labor, as such terms are used in section 307 of the Tariff Act of 1930. The term includes forced or indentured child labor--

(1) that is exacted from any person under 15 years of age, either in payment for the debts of a parent, relative, or guardian, or drawn under false pretexts; and

(2) with respect to which such person is confined against the person's will.
Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amended by adding at the end the following new paragraph:
`For purposes of this section, forced or indentured labor includes forced or indentured child labor.

Mr. HARKIN. Mr. President, this is a second degree to the Hutchinson amendment.

I ask unanimous consent to add my name to the Hutchinson amendment as a cosponsor; and Senator Wellstone also wanted to be added as a cosponsor of the amendment.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. HARKIN. I have spoken with the author of the pending amendment, and I am very supportive of Senator Hutchinson's amendment. This is a friendly amendment, which he accepts. My amendment does not in any way change the intent of the Hutchinson amendment nor does it add any more money.

Basically, this amendment reflects the intent of Congress to include forced and indentured child labor in the interpretation of section 307 of the Tariff Act of 1930.

The Congress spoke with one voice when it instructed the U.S. Customs Service to block from entry into the United States any imports made by forced or indentured child labor, as they are inherently for imports made with forced and indentured labor.

This clarification of congressional intent was part of the fiscal year 1998 Treasury-Postal appropriations bill which the President has signed into law. So, again, this amendment does not change anything really of the Hutchinson amendment. It simply adds forced and indentured child labor as part of the amendment.

As I said, it preserves the congressional intent passed last year. The U.S. Customs Service will still be able to aggressively pursue items made with convict labor, forced labor, or indentured labor, and prevent them from reaching our shores. They should rightly do so. That is why I am supportive of the Hutchinson amendment.

Again, the reason this is necessary is a little over a year ago--actually about 2 years ago now--I contacted the Treasury Department to ask if section 307 of the Tariff Act of 1930 covered forced and indentured child labor.

I got a letter back saying, well, they did not know. They needed clarification. Last year, under the Treasury-Postal appropriations bill, we provided that clarification that it indeed covered forced and indentured child labor. And that is what my amendment does here; it just adds those words back in there.

And, again, it should be added because in many cases these children are like slaves. They are sold, maybe sometimes for an outstanding debt that is owed to a family. They are traded like cattle. Typically what happens is, a child is sold into a factory or plant as a payment for an outstanding debt. The middle man, a loan shark, transfers the child to a work setting far away from his home. And these kids literally work as virtual slaves

doing anything from making rugs to soccer balls to serving as prostitutes, to breaking bricks or mining granite or making glassware. Many times these kids are never released from their bondage until they get too old to do the work. They are punished severely; a lot of times they work 12 to 15 hours a day.

Mr. President, last year I visited a place out of New Delhi called the Muki Ashram, or `liberation retreat' established in 1991 by Kailash Satiyarti, president of the South Asian Coalition on Child Servitude, located right outside of New Delhi, a place where bonded child laborers are freed from the shackles of slavery. They are brought there, they are rehabilitated, they are able to go to school, learn a trade and regain their sense of self-worth. I was deeply moved by this establishment.

I saw somewhere between 50 and 100 kids who were there, many as young as 8 years of age, many of whom had been beaten. I saw kids that had marks still on their face and their arms where they had been burned with red-hot pokers and things like that. These kids were now being taught in a school, provided nutrition. As I said, they get their sense of self-worth back.

I have two stories here of two of the kids who I saw when I was there. I ask unanimous consent that these two stories be printed in the Record.

There being no objection, the material was ordered to be printed in the Record, as follows:

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Story of Exploited Child

Mohan, a seven year old boy exploited by a carpet loom owner. He was taken away by a dalal from his native village of Bihar to a carpet loom in Allahabad, U.P. Labour recruiter (Dalal) came to his parents and lured them by giving false promises of a good life and bright future of Mohan Kumar.

After reaching Allahabad, his cruel employer treated him just like an animal, Mohan was forced to work for 16-18 hours a day. While working he was beaten very frequently by his master or his attendant. Some times he passed sleepless night due to pain, but nobody was taking care of him. In the name of food, he was given only two chapaties, and forced to eat at the same place where he worked. He was guarded by the attendant of his master in the night and even not allowed to go for routine work alone.

One day Mohan was weeping to go to meet his parents at the very moment, his cruel employer hitted him by a pointed weapon. His left eye had injured. His parents came to know of his pathetic condition, they reported the matter to the activists of BBA-SACCS. A raid and rescue operation was organized by activists of BBA-SACCS for releasing of Mohan Kumar.

After releasing, Mohan Kumar joined Mukti Ashram, he was suffering from the traumatic effects. Still he has the mark of that brutal act of his master under his left eye. Slowly and gradually, he accustomed with the environment of Mukti Ashram and recovered from the traumatic effect. He began to taking interest in his studies. Now his ambition to become a Sub-divisional Magistrate (SDM) so that, he can help to those miserable children, who are in bondage.

--

Smile Even When You Are in Trouble

One fine morning Nageshwar sang while walking in Mukti Ashram's garden--`Smile and sing even when you are in trouble.' For every winter follows spring as the dawn follows dusk.

And the Mukti Ashram celebrated it, Everyone, children and teachers were singing and dancing, `Thank God! Nageshwar's voice came back, which he lost for more than three weeks.

Nageshwar comes from a remote district of Bihar. When he was seven and playing with his two younger brothers, a Dalal (Labour recruiter) came along with four children of the same age of Nageshwar lured him by giving some sweets and false promise of a good life and bright future. Due to allurement, Nageshwar and his brothers were ready to go with Dalal. Dalal taken away them to a carpet loom situated in the remote area of Allahabad, Uttar Pradesh.

Carpet loom owner treated him just like a slave. Nageshwar was forced to work for 18 to 20 hours a day even some times for whole night also. While weaving the carpet his cruel employer often beat him brutally with a panja ( a tool used in carpet weaving). In the name of food, Nageshwar's employer given him two chapaties with salt twice a day and forced to eat. Nageshwar has no separate place to sleep and forced to sleep only for two hours in the same place where he worked.

It was November 1st, 1995 the acts of barbarism against Nageshwar reached their peak. Around mid night after Nageshwar had helped his two younger brothers to escape from the continuous harassment, physical torture and tyranny they had been suffering for years, his employer punished him with red hot iron rod, causing irreparable damage to his body. Nageshwar cried and cried--`Oh God, Oh father' but no body was their to help him.

When the villagers noticed the sign of this torture they reported to BBA-SACCS. November 4th 1995 was the independence day for Nageshwar. On that day Nageshwar and his younger brothers and other four children were released with the great efforts of the activists of BBA-SACCS.

When Nageshwar came to the Mukti Ashram, he was `shell shocked', and lost his speech. After a month of comprehensive medical treatment and special care and attention from other children and the Ashram staff, he became able to speak and express his feelings Slowly and gradually he had begun to enjoy the life of Mukti Ashram.

Mr. HARKIN. Again, I want to make it clear I am very supportive of the Hutchinson amendment. I believe it is a good amendment. This is a friendly amendment--just to add the word `child.' In other words, under `forced and indentured labor' to include `forced and indentured child labor' to clarify section 307 of the Tariff Act of 1930.

I am proud to be a cosponsor of the Hutchinson amendment.

Mr. HUTCHINSON. Will the Senator yield?

Mr. HARKIN. Yes.

Mr. HUTCHINSON. I may have missed this. Would you clarify it, was this the language that was adopted last year?

Mr. HARKIN. Yes, this exact language was adopted by both the House and the Senate last year on the Treasury-Postal appropriations bill.

Mr. HUTCHINSON. But because it was appropriations, it was only good for 1 year?

Mr. HARKIN. That is the problem.

Mr. HUTCHINSON. I express my support for the friendly amendment and appreciate your support for the underlying amendment.

Mr. WARNER. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. WARNER. Mr. President, if the Chair will advise as to the pending amendment so everybody listening has it clearly in mind.

The PRESIDING OFFICER. The pending amendment is amendment numbered 2402 offered by the Senator from Iowa as a second-degree amendment to the amendment of the Senator from Arkansas.

Mr. WARNER. For further clarification, the yeas and nays have not been ordered?

The PRESIDING OFFICER (Mr. Inhofe). That is correct.

Mr. WARNER. And therefore the debate and the colloquy on this amendment should continue. I am advised that we would not be successful in a unanimous consent requirement to lay it aside and am perfectly willing at this time to continue debate on the Senator's amendment.

Mr. HUTCHINSON. Mr. President, I would like to modify my amendment to accept the Harkin second degree.

The PRESIDING OFFICER. The amendment will be so modified.

The amendment (No. 2388), as modified, is as follows:
At the end of the bill add the following:

SECTION 1. FINDINGS.
Congress makes the following findings:

(1) The United States Customs Service has identified goods, wares, articles, and merchandise mined, produced, or manufactured under conditions of convict labor, forced labor, or indentured labor, in several countries.

(2) The United States Customs Service has made limited attempts to prohibit the import of products made with forced labor, resulting in only a few seizures, detention orders, fines, and criminal prosecutions.

(3) The United States Customs Service has taken 21 formal administrative actions in the form of detention orders against different products destined for the United States market, found to have been made with forced labor, including products from the People's Republic of China.

(4) However, the United States Customs Service has never formally investigated or pursued enforcement with respect to attempts to import products made with forced or indentured child labor.

(5) The United States Customs Service can use additional resources and tools to obtain the timely and in-depth verification necessary to identify and interdict products made with forced labor or indentured labor, including forced or indentured child labor, that are destined for the United States market.

(6) The International Labor Organization estimates that approximately 250,000,000 children between the ages of 5 and 14 are working in developing countries, including millions of children in bondage or otherwise forced to work for little or no pay.

(7) Congress has clearly indicated in Public Law 105-61, Treasury-Postal Service Appropriations, 1998, that forced or indentured child labor constitutes forced labor under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).

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SEC. 2. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR THE IMPORTATION OF PRODUCTS MADE WITH FORCED OR INDENTURED LABOR.
There are authorized to be appropriated $2,000,000 for fiscal year 1999 to the United States Customs Service to monitor the importation of products made with forced labor or indentured labor, including forced or indentured child labor, the importation of which violates section 307 of the Tariff Act of 1930 or section 1761 of title 18, United States Code.

SEC. 3. REPORTING REQUIREMENT ON FORCED LABOR OR INDENTURED LABOR PRODUCTS DESTINED FOR THE UNITED STATES MARKET.
(a) Report to Congress: Not later than 1 year after the date of enactment of this Act, the Commissioner of Customs shall prepare and transmit to Congress a report on products made with forced labor or indentured labor, including forced or indentured child labor that are destined for the United States market.
(b) Contents of Report: The report under subsection (a) shall include information concerning the following:

(1) The extent of the use of forced labor or indentured labor, including forced or indentured child labor in manufacturing or mining products destined for the United States market.

(2) The volume of products made or mined with forced labor or indentured labor, including forced or indentured child labor that is--

(A) destined for the United States market,

(B) in violation of section 307 of the Tariff Act of 1930 or section 1761 of title 18, United States Code, and

(C) seized by the United States Customs Service.

(3) The progress of the United States Customs Service in identifying and interdicting products made with forced labor or indentured labor, including forced or indentured child labor that are destined for the United States market.

SEC. 4. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.
It is the sense of Congress that the President should determine whether any country with which the United States has a memorandum of understanding with respect to reciprocal trade that involves goods made with forced labor or indentured labor, including forced or indentured child labor is frustrating implementation of the memorandum. If an affirmative determination be made, the President should immediately commence negotiations to replace the current memorandum of understanding with one providing for effective procedures for the monitoring of forced labor or indentured labor, including forced or indentured child labor. The memorandum of understanding should include improved procedures for requesting investigations of suspected work sites by international monitors.

SEC. 5. DEFINITION OF FORCED LABOR.
In this Act, the term `forced labor' means convict labor, forced labor, or indentured labor, as such terms are used in section 307 of the Tariff Act of 1930. The term includes forced or indentured child labor--

(1) that is exacted from any person under 15 years of age, either in payment for the debts of a parent, relative, or guardian, or drawn under false pretexts; and

(2) with respect to which such person is confined against the person's will.
Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amended by adding at the end the following new paragraph:
`For purposes of this section, forced or indentured labor includes forced or indentured child labor.

Mr. WARNER. Mr. President, on behalf of the chairman of the Armed Services Committee, Mr. Thurmond, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Mr. THURMOND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

PRIVILEGE OF THE FLOOR

Mr. THURMOND. Mr. President, I ask unanimous consent that Richard Voter, a military fellow in the office of Senator Warner, be granted floor privileges for the duration of the Senate debate on S. 2057, the Defense Authorization Act.

The PRESIDING OFFICER. Without objection, it is ordered.

Mr. THURMOND. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Mr. WARNER. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. WARNER. Mr. President, the chairman of our committee, the distinguished ranking member, and myself are trying the best we can to accommodate a number of Senators. The Senator from Minnesota is anxious to speak in relation to one of the pending amendments by the Senator from Arkansas.

I ask unanimous consent that following the Senator from Minnesota, the Senator from California be recognized for the purpose of another amendment, and then we will take it from there.

The PRESIDING OFFICER. Is there objection?

Without objection, it is so ordered.

Mr. D'AMATO. Mr. President, I ask unanimous consent that I may be permitted to proceed for up to 5 minutes as in morning business.

The PRESIDING OFFICER. Is there objection to the unanimous consent request?

Without objection, it is so ordered.

END