109 HR 5376 IH: To require nationals of the United States that employ U.S. House of Representatives 2006-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5376 IN THE HOUSE OF REPRESENTATIVES May 11, 2006 Ms. McKinney introduced the following bill; which was referred to the Committee on International Relations A BILL To require nationals of the United States that employ individuals in a foreign country to provide full transparency and disclosure in all their operations.

1.

Short title

This Act may be cited as the Transparency and Responsibility for United States Trade Health Act of 2006 or TRUTH Act of 2006.

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.

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.