Sec. 109. Additional activities of the Department of State
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Section 105 of the Trafficking Victims Protection Reauthorization Act of 2005 ( 22 U.S.C. 7112 ) is amended by adding at the end the following: This subsection may be cited as the Business Transparency on Trafficking and Slavery Act . The Secretary of State, acting through the Ambassador-at-Large for Combating Human Trafficking, shall encourage any person described in paragraph (3)(B) to disclose on an annual basis on the person’s website and to the Secretary of State any measures such person has taken during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within such person’s supply chains.
Such disclosure should include the following information under a heading Policies to Address Forced Labor, Slavery, Human Trafficking and the Worst Forms of Child Labor describing to what extent, if any, the person conducts any of the following activities: Maintains a policy to identify and eliminate risks of forced labor, slavery, human trafficking, and the worst forms of child labor within its supply chain. If the person maintains such a policy, the disclosure should include the text of the policy or a substantive description of the elements of the policy.
Maintains a policy prohibiting the use of the person’s corporate products, facilities, or services to obtain or maintain someone under conditions of forced labor, slavery, human trafficking, and the worst forms of child labor. Engages in verification of product supply chains to evaluate and address risks of forced labor, slavery, human trafficking and the worst forms of child labor. The disclosure should— describe the greatest risks identified within the supply chain, and the measures taken toward eliminating those risks; specify whether the verification was or was not conducted by a third party; and specify whether the verification process includes consultations with independent unions, workers’ associations, or workers within workplaces and incorporates the resulting certification or written comments from such independent union, workers’ associations, or workers.
Ensures that audits of suppliers are conducted to evaluate supplier compliance with the person’s company standards for eliminating forced labor, slavery, human trafficking, and the worst forms of child labor in supply chains. The disclosure should specify if the verification was not an independent, unannounced audit. Assesses supply chain management and procurement systems of suppliers in the person’s supply chain, to verify whether said suppliers have in place appropriate systems to identify risks of forced labor, slavery, human trafficking, and the worst forms of child labor within their own supply chain.
Requires suppliers in its supply chain to certify that materials incorporated into the product comply with the laws regarding forced labor, slavery, human trafficking, and the worst forms of child labor of the country or countries in which they are doing business. Maintains internal accountability standards, supply chain management and procurement systems, and procedures for employees or contractors failing to meet the person’s company standards regarding forced labor, slavery, human trafficking, and the worst forms of child labor.
The disclosure should describe such standards and systems. Provides the person’s employees and management who have direct responsibility for supply chain management, training on forced labor, slavery, human trafficking and the worst forms of child labor, particularly with respect to mitigating risks within the supply chains of products. Ensures that recruitment practices at all suppliers comply with the person’s company standards for eliminating exploitive labor practices that contribute to forced labor, slavery, human trafficking, and the worst forms of child labor, including by conducting audits of labor recruiters and disclosing the results of such audits.
In cases where forced labor, slavery, human trafficking, and the worst forms of child labor have been identified within the supply chain, ensures that remediation is provided to those who have been identified as victims. In this subsection— the term forced labor, slavery, human trafficking and the worst forms of child labor means child labor in violation of international standards including International Labor Organization Convention No. 182 and acts that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18 if they had been committed within the jurisdiction of the United States; the term person means any publicly traded or private entity wherever located, carrying out business operations in the United States, and having annual worldwide global receipts in excess of $100,000,000; the term remediation means the activities or systems that a company puts in place to address non-compliance with the standards identified through monitoring or verification, which may apply to individuals adversely affected by the non-compliant conduct or address broader systematic processes; the term supply chain , with respect to a person making the disclosure described in subsection (a), means all suppliers of products, component parts of products, and raw materials used by such person in the manufacturing of such person’s products or the provision of such person’s services, whether or not such person has a direct relationship with the supplier; and the term verification means the process by which a company is evaluated to determine compliance with its documented program, including standards on forced labor, slavery, human trafficking, and the worst forms of child labor, including an evaluation of— data gathered through monitoring activities to ensure results are reliable and process is credible; and the system established to remediate violations to determine if remediation is implemented and effective. .
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Sec. 109
Additional activities of the Department of State
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