,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fbgi ,,in ,,the ,,house ,,of ,,representatives ,march #ac1 #bjbj,mrs4 ,carolyn ,b4 ,maloney of ,new ,york 7for herself and ,mr4 ,smith of ,new ,jersey7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to amend the ,securities ,exchange ,act of #aicd to require certain companies to disclose information describing any measures the company has taken to identify and address conditions of forced labor1 slavery1 human trafficking1 and the worst forms of child labor within the company's supply chains4 #a4 ,short title ,this ,act may be cited as the ,business ,supply ,chain ,transparency on ,trafficking and ,slavery ,act of #bjbj4 #b4 ,findings and sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,in #bjad1 the ,department of ,labor identified #acf goods from #gd countries around the world made by forced labor and child labor4 7#b7 ,the ,united ,states is the world's largest importer1 and in the #bast century1 investors1 consumers1 and broader civil society increasingly demand information about the human rights impact of products in the ,united ,states market4 7#c7 ,courts have ruled that consumers do not have standing to bring a civil action in ,united ,states courts for enforcement of a provision in the ,smoot ,hawley ,tariff ,act of #aicj prohibiting importation of goods made with forced labor or convict labor1 and furthermore1 the provision has a broad exception for goods that cannot be produced in the ,united ,states in sufficient quantities to meet the demands of ,american consumers from tainted goods1 consequently1 there are fewer than #dj enforcement actions on record in the past #hj years4 7#d7 ,mechanisms under ,federal law to prevent and punish perpetrators of forced labor1 slavery1 human trafficking1 and the worst forms of child labor in the stream of commerce suffer from problems of limited scope1 broad expectations1 and lack of available information about goods that are produced along supply chains tainted by these crimes and imported by the ,united ,states4 7#e7 ,the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjc 7,public ,law #ajh-aic7 together with the ,trafficking ,victims ,protection ,act of #bjje 7,public ,law #aji-afd7 provide for the termination of ,federal contracts where a ,federal contractor or subcontractor engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant1 contract1 or cooperative agreement is in effect1 or uses forced labor in the performance of the grant1 contract1 or cooperative agreement4 ,the ,trafficking ,victims ,protection ,act of #bjje also provides ,united ,states courts with criminal jurisdiction abroad over ,federal employees1 contractors1 or subcontractors who participate in severe forms of trafficking in persons or forced labor4 7#f7 ,executive ,order #acabf1 ,prohibition of ,acquisition of ,products ,produced by ,forced or ,indentured ,child ,labor1 ,executive ,order #acfbg1 ,strengthening ,protections ,against ,trafficking ,in ,persons ,in ,federal ,contracts1 and title ,,xvii of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci7 have prohibited ,federal contractors1 subcontractors1 and their employees from engaging in the following trafficking-related activities3 charging labor recruitment fees2 confiscating passports and other identity documents of workers2 and using fraudulent recruitment practices1 including failing to disclose basic information or making material misrepresentations about the terms and conditions of employment4 ,such ,executive order and ,acts also require ,federal contractors1 subcontractors1 and their employees to maintain an anti-trafficking compliance plan that includes1 among other elements1 a complaint mechanism and procedures to prevent subcontractors at any tier in the supply chain from engaging in trafficking in persons4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 forced labor1 slavery1 human trafficking1 and the worst forms of child labor are among the most egregious forms of abuse that humans commit against each other1 for the sake of commercial profit2 7#b7 the legislative and regulatory framework to prevent goods produced by forced labor1 slavery1 human trafficking1 and the worst forms of child labor from passing into the stream of commerce in the ,united ,states is gravely inadequate2 7#c7 legislation is necessary to provide consumers information on products that are free of child labor1 forced labor1 slavery1 and human trafficking2 and 7#d7 through publicly available disclosures1 businesses and consumers can avoid inadvertently promoting or sanctioning these crimes through production and purchase of raw materials1 goods and finished products that have been tainted in the supply chains4 #c4 ,disclosure of information relating to efforts to combat the use of forced labor1 slavery1 trafficking in persons1 or the worst forms of child labor ,section #ac of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghm7 is amended by adding at the end the following new subsection3 7s7 ,disclosures relating to efforts ,to combat the ,use of ,forced ,labor1 ,slavery1 ,trafficking in ,persons1 or the ,worst ,forms of ,child ,labor 7#a7 ,regulations ,not later than #a year after the date of enactment of the ,business ,supply ,chain ,transparency on ,trafficking and ,slavery ,act of #bjbj1 the ,commission1 in consultation with the ,secretary of ,state1 shall promulgate regulations to require that any covered issuer required to file reports with the ,commission under this section to include annually in such reports1 a disclosure whether the covered issuer has taken any measures during the year for which such reporting is required to identify and address conditions of forced labor1 slavery1 human trafficking1 and the worst forms of child labor within the covered issuer's supply chain1 and a description of such measures taken4 ,such disclosure shall include1 under the heading #8,policies to ,address ,forced ,labor1 ,slavery1 ,human ,trafficking1 and the ,worst ,forms of ,child ,labor'1 information describing to what extent1 if any1 the covered issuer conducts any of the following activities3 7,a7 ,whether the covered issuer maintains a policy to identify and eliminate the risks of forced labor1 slavery1 human trafficking1 and the worst forms of child labor within the covered issuer's supply chain 7such disclosure to include the text of the policy or substantive description of the elements of the policy71 and actions the covered issuer has taken pursuant to or in the absence of such policy4 7,b7 ,whether the covered issuer maintains a policy prohibiting its employees and employees of entities associated with its supply chain from engaging in commercial sex acts with a minor4 7,c7 ,the efforts of the covered issuer to evaluate and address the risks of forced labor1 slavery1 human trafficking1 and the worst forms of child labor in the product supply chain4 ,if such efforts have been made1 such disclosure shall-- 7i7 describe any risks identified within the supply chain1 and the measures taken toward eliminating those risks2 7ii7 specify whether the evaluation was or was not conducted by a third party2 7iii7 specify whether the process includes consultation with the independent labor organizations 7as such term is defined in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb771 workers' associations1 or workers within workplaces and incorporates the resulting input or written comments from such independent labor organizations1 workers' associations1 or workers and if so1 the disclosure shall describe the entities consulted and specify the method of such consultation2 and 7iv7 specify the extent to which the process covers entities within the supply chain1 including entities upstream in the product supply chain and entities across lines of products or services throughout the covered issuer's product manufacturing4 7,d7 ,the efforts of the covered issuer to ensure that audits of suppliers within the supply chain of the covered issuer are conducted to-- 7i7 investigate the working conditions and labor practices of such suppliers2 7ii7 verify whether such suppliers have in place appropriate systems to identify risks of forced labor1 slavery1 human trafficking1 and the worst forms of child labor within their own supply chain2 and 7iii7 evaluate whether such systems are in compliance with the policies of the covered issuer or efforts in absence of such policies4 7,e7 ,the efforts of the covered issuer to-- 7i7 require suppliers in the supply chain to attest that the manufacture of materials incorporated into any product and the recruitment of labor are carried out in compliance with the laws regarding forced labor1 slavery1 human trafficking1 and the worst forms of child labor2 7ii7 maintain internal accountability standards1 supply chain management1 and procurement systems1 and reporting procedures for employees1 suppliers1 contractors1 or other entities within its supply chain failing to meet the covered issuer's standards regarding forced labor1 slavery1 human trafficking1 and the worst forms of child labor1 including a description of such standards1 systems1 and procedures2 7iii7 train the employees and management who have direct responsibility for supply chain management on issues related to forced labor1 slavery1 human trafficking1 and the worst forms of child labor1 particularly with respect to mitigating risks within the supply chains of products2 and 7iv7 ensure that labor recruitment practices at all suppliers associated with the supply chain comply with the covered issuer's policies or efforts in absence of such policies for eliminating exploitive labor practices that contribute to forced labor1 slavery1 human trafficking1 and the worst forms of child labor1 including by complying with audits of labor recruiters and disclosing the results of such audits4 7,f7 ,the efforts of the covered issuer in cases where forced labor1 slavery1 human trafficking1 and the worst forms of child labor have been identified within the supply chain1 to ensure that remedial action is provided to those who have identified as victims1 including support for programs designed to prevent the recurrence of those events within the industry or sector in which they have been identified4 7#b7 ,requirements for availability of information 7,a7 ,disclosure on company website ,the regulations promulgated under paragraph 7#a7 shall require that the required information be disclosed by the covered issuer on the ,internet website of the covered issuer through a conspicuous and easily understandable link to the relevant information that shall be labeled ,global ,supply ,chain ,transparency4 7,b7 ,disclosure on ,commission website ,the ,commission shall make available to the public in a searchable format on the ,commission's website-- 7i7 a list of covered issuers required to disclose any measures taken by the company to identify and address conditions of forced labor1 slavery1 human trafficking1 and the worst forms of child labor within the covered issuer's supply chain1 as required by this subsection2 and 7ii7 a compilation of the information submitted under the rules issued under paragraph 7#a74 7#c7 ,definitions ,as used in this subsection-- 7,a7 the term covered issuer means an issuer that has annual worldwide global receipts in excess of #ajj1jjj1jjj2 7,b7 the terms forced labor1 slavery1 and human trafficking mean any labor practice or human trafficking activity in violation of national and international standards1 including ,international ,labor ,organization ,convention ,no4 #ahb1 the ,trafficking ,victims ,protection ,act of #bjjj 7,public ,law #ajf-chf71 and acts that would violate the criminal provisions related to slavery and human trafficking under chapter #gg of title #ah1 ,united ,states ,code1 if they had been committed within the jurisdiction of the ,united ,states2 7,c7 the term remedial action means the activities or systems that an issuer puts in place to address non-compliance identified through monitoring or verification1 and may apply to individuals adversely affected by the non-compliant conduct or address broader systematic processes2 7,d7 the term supply chain1 with respect to a covered issuer disclosing the information required under the regulations promulgated under this section1 means all labor recruiters1 suppliers of products1 component parts of products1 and raw materials used by such entity in the manufacturing of such entity's products whether or not such entity has a direct relationship with the supplier2 and 7,e7 the term the worst forms of child labor means child labor in violation of national and international standards1 including ,international ,labor ,organization ,convention ,no4 #ahb4 4