HR 460 IH

To require nationals of the United States that employ individuals in a foreign country to provide full transparency and disclosure in all their operations.

February 6, 2001

Ms. MCKINNEY introduced the following bill; which was referred to the Committee on International Relations

To require nationals of the United States that employ individuals in a foreign country to provide full transparency and disclosure in all their operations.

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 `Transparency and Responsibility for United States Trade Health Act of 2001' or `TRUTH Act of 2001'.

SEC. 2. TRANSPARENCY AND DISCLOSURE REQUIREMENTS FOR UNITED STATES NATIONALS IN FOREIGN COUNTRIES.

(a) REQUIREMENT- A national of the United States that employs 1 or more individuals in a foreign country, either directly or through subsidiaries, subcontractors, affiliates, joint ventures, partners, or licensees (including any security forces of the national), shall take the necessary steps to provide transparency and disclosure in all its operations, including the full public disclosure of the following:

(1) Information relating to location, address, and corporate name of all facilities abroad, including such information of all subsidiaries, subcontractors, affiliates, joint ventures, partners, suppliers, or licensees (including any security forces of the national).

(2) Applicable financial agreements, and investments of partners, suppliers, subsidiaries, contractors, and subcontractors of the national of the United States (including any security forces of the national).

(3) Worker rights practices and labor standards, including any complaints from employees and violations of local labor laws.

(4) Age, gender, and number of employees in each facility.

(5) Wages paid to employees, including policies on overtime pay.

(6) Working conditions based on current standards of the Occupational Safety and Health Organization for similar operations.

(7) Programs that educate employees about dangers and safety precautions of any chemical used in the workplace.

(8) Environmental performance, including toxic release inventory of all pollutants released into the local land, water, or air and disclosure of the amount of natural resources that are extracted, processed, or purchased abroad.

(9) The existence of security arrangements with state police and military forces or with third party military or paramilitary forces.

(10) The human rights policy of the national, any complaints received from local communities, and any human rights lawsuits filed against the national.

(b) DEFINITIONS- In this section:

(1) NATIONAL OF THE UNITED STATES- The term `national of the United States' means--

(A) a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or

(B) a corporation, partnership, or other business association that is organized under the laws of the United States.

(2) UNITED STATES- The term `United States' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

SEC. 3. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS.

(a) REGULATORY AUTHORITY- The President shall issue such rules and regulations as are necessary to carry out the provisions of this Act.

(b) ENFORCEMENT- The President, with respect to his authorities under subsection (a), shall take the necessary steps to ensure compliance (including the monitoring of compliance) with the provisions of this Act and any rules and regulations issued to carry out this Act.

(c) LIABILITY- Any person who is in violation of any provision of this Act (or any rule, regulation, license, or order issued to carry out this Act) shall be liable for damages in a civil cause of action initiated in an appropriate United States district court to any individual aggrieved by the act or omission of the person in question, or to the heirs, estate, or other legal representative of the individual.

END