I 

109TH CONGRESS 

2D SESSION H. R. 5377 

To require nationals of the United States that employ more than 20 persons 

in a foreign country to implement a Corporate Code of Conduct with 

respect to the employment of those persons, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2006 

Ms. MCKINNEY introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on 

Government Reform and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require nationals of the United States that employ more 

than 20 persons in a foreign country to implement a 

Corporate Code of Conduct with respect to the employment of those persons, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Corporate Code of 

5 Conduct Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) On January 31, 1999, at the World Eco2 nomic Forum, United Nations Secretary General 

3 Kofi Annan challenged world business leaders, in 

4 their individual corporate practices and by sup5 porting appropriate public policies, to ‘‘embrace and 

6 enact’’ the Global Compact, an agreement that asks 

7 corporations to protect human rights, labor rights, 

8 and the environment. 

9 (2)(A) On November 16, 1999, the Program on 

10 International Policy Attitudes (PIPA) issued a re11 port that contained the results of a poll of 1,826 

12 randomly selected adults, weighted to be demo13 graphically representative, conducted from October 

14 21–29, 1999, relating to international agreements 

15 on environmental and labor standards. 

16 (B) In the poll, 93 percent of the respondents 

17 stated that ‘‘countries that are part of international 

18 trade agreements should be required to maintain 

19 minimum standards for working conditions’’, 77 per20 cent of the respondents believed (of which, 48 per21 cent strongly believed) that there should be more 

22 international agreements on environmental stand23 ards, and 88 percent of the respondents agreed (of 

24 which, 67 percent strongly agreed) that ‘‘American 

25 companies that operate in other countries should be 


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1 expected to abide by United States environmental 

2 standards.’’. 

3 (3) The European Parliament has passed a Eu4 ropean Code of Conduct calling for European busi5 nesses to abide by European Union laws in oper6 ations outside of Europe. 

7 (4) The protests in 2000 against the World 

8 Trade Organization (WTO) in Seattle, Washington, 

9 and the World Bank and International Monetary 

10 Fund (IMF) in Washington, D.C., demonstrate a 

11 growing constituency against the unregulated expan12 sion of globalization. 

13 (5) Unfortunately, too many United States 

14 businesses with operations abroad are notorious for 

15 their blatant disregard for the well being of the citi16 zens of their host nations who are employees of the 

17 businesses. 

18 (6) Many United States businesses recklessly 

19 pollute the local environment of foreign countries, 

20 pose serious health risks to local citizens, and 

21 threaten the cultural heritage of local citizens. 

22 (7) 70 percent of workers in United States pro23 duction factories abroad are women. Many of these 

24 women face mandatory pregnancy testing on a 


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1 monthly basis and are forced to take birth control 

2 provided by their employer. 

3 (8) Public confidence has declined substantially 

4 in the capacity and effectiveness of government at 

5 all levels to counteract unfair economic competition 

6 and to command greater corporate responsibility in7 side and outside of the marketplace. 

8 (9) At the same time, public concern is growing 

9 regarding the increasing concentration of unaccount10 able corporate power and the declining corporate re11 sponsibility across national borders. 

12 (10) Yet every year the United States Govern13 ment provides a wide array of taxpayer-financed 

14 services and financial subsidies as well as special tax 

15 breaks as assistance to United States-based multi16 national corporations, especially to enable such cor17 porations to invest overseas, to create jobs in foreign 

18 countries, and to expand their access to foreign mar19 kets. 

20 SEC. 3. RESPONSIBLE BUSINESS PRACTICES OF UNITED 

21 STATES NATIONALS IN FOREIGN COUNTRIES. 

22 (a) REQUIREMENT.—A national of the United States 

23 that employs more than 20 persons in a foreign country, 

24 either directly or through subsidiaries, subcontractors, af25 filiates, joint ventures, partners, or licensees (including 


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1 any security forces of the national), shall take the nec2 essary steps to implement the Corporate Code of Conduct 

3 described in subsection (b) with respect to the employment 

4 of those persons. 

5 (b) CORPORATE CODE OF CONDUCT.—The Corporate 

6 Code of Conduct described in this subsection is as follows: 

7 (1) Provide a safe and healthy workplace. 

8 (2)(A) Ensure fair employment, including the 

9 prohibition of the use of child and forced labor, the 

10 prohibition of discrimination based upon race, gen11 der, national origin, or religious beliefs, respect for 

12 freedom of association and the right to organize 

13 independently and bargain collectively, and the pay14 ment of a living wage to all workers, including, at 

15 a minimum, a living wage that would meet the basic 

16 needs of an average-size family and provide some 

17 discretionary income for an average-size family. 

18 (B) Prohibit mandatory overtime work by em19 ployees under the age of 18. 

20 (C) Prohibit the practice of pregnancy testing 

21 of employees, including the forced usage of birth 

22 control, and further prohibit the dismissal or dis23 crimination of employees based on pregnancy. 

24 (D) Prohibit retaliation against any employee 

25 who conveys information, either internally, publicly, 


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1 or to government regulators in the country involved 

2 or the United States, relating to a violation or al3 leged violation of any provision of this subsection. 

4 (3) Promote good governance and good business 

5 practices, including prohibiting illicit payments, en6 suring fair competition, and revocation of corporate 

7 charters when corporations fail to serve the public 

8 good and general welfare. 

9 (4)(A) Maintain, through leadership at all lev10 els, a corporate culture that respects free expression 

11 consistent with legitimate business concerns, does 

12 not condone political coercion in the workplace, en13 courages good corporate citizenship and makes a 

14 positive contribution to the communities in which 

15 the national of the United States operates, and pro16 motes ethical conduct that is recognized, valued, and 

17 exemplified by all employees. 

18 (B) In addition, comply with internationally 

19 recognized worker rights and core labor standards. 

20 (5) Uphold responsible environmental protection 

21 and environmental practices, including compliance 

22 with internationally recognized environmental stand23 ards and with all Federal environmental laws for 

24 similar operations that would be applicable to the 


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1 national of the United States if the operations of the 

2 national were located in the United States. 

3 (6) Comply with minimum international human 

4 rights standards. 

5 (7)(A) Require, under terms of contract, part6 ners, suppliers, and subcontractors of the national of 

7 the United States (including any security forces of 

8 the national) to adopt and adhere to the principles 

9 described in paragraphs (1) through (6). 

10 (B) In addition, require full public disclosure of 

11 information relating to location and address, cor12 porate name, applicable financial agreements, worker 

13 rights practices and labor standards, working condi14 tions, environmental performance, and applicable in15 vestments of partners, suppliers, subsidiaries, con16 tractors, and subcontractors of the national of the 

17 United States (including any security forces of the 

18 national). 

19 (8) Implement and monitor compliance with the 

20 principles described in paragraphs (1) through (7) 

21 through a self-financing program internal to the 

22 business that is designed to prevent and detect con23 duct that is not in compliance with such principles 

24 by any employee of the national of the United 


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1 States, or any employee of the partner, supplier, or 

2 subcontractor of the national, and that includes— 

3 (A) standards for ethical conduct of such 

4 employees which refer to the principles; 

5 (B) procedures for assignment of appro6 priately qualified personnel at the management 

7 level to monitor and enforce compliance with 

8 the principles; 

9 (C) procedures for reporting violations of 

10 the principles by such employees; 

11 (D) procedures for disciplinary action in 

12 response to violations of the principles; 

13 (E) procedures designed to ensure that, in 

14 cases in which a violation of the principles has 

15 been detected, reasonable steps are taken to 

16 correct the violation and prevent similar viola17 tions from occurring; 

18 (F) procedures for providing educational 

19 and employment-related counseling to any em20 ployee in violation of the principles; and 

21 (G) communication of all standards and 

22 procedures with respect to the principles to 

23 every employee— 

24 (i) by requiring the employee to par25 ticipate in a training program; or 


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1 (ii) by disseminating information in 

2 writing in the appropriate local language 

3 that explains the standards and proce4 dures. 

5 (c) DEFINITIONS.—In this section: 

6 (1) BASIC NEEDS OF AN AVERAGE-SIZE FAM7 ILY.—The term ‘‘basic needs of an average-size fam8 ily’’— 

9 (A) means nutritious food, clothing, health 

10 care, education, potable water, child care, trans11 portation, housing, and energy; and 

12 (B) shall be determined by wage studies 

13 that measure the purchasing power necessary to 

14 provide for the needs described in subparagraph 

15 (A). 

16 (2) INTERNATIONALLY RECOGNIZED ENVIRON17 MENTAL STANDARDS.—The term ‘‘internationally 

18 recognized environmental standards’’ includes stand19 ards relating to— 

20 (A) mitigation of global climate change; 

21 (B) reduction in the consumption and pro22 duction of ozone-depleting substances; 

23 (C) reduction in ship pollution of the 

24 oceans from such sources as oil, noxious bulk 

25 liquids, hazardous freight, sewage, and garbage; 


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1 (D) the ban on international ocean dump2 ing of high-level radioactive waste, chemical 

3 warfare agents, and hazardous substances; 

4 (E) government control of the 

5 transboundary movement of hazardous waste 

6 materials and their disposal for the purpose of 

7 reducing global pollution due to such materials; 

8 (F) preservation of endangered species; 

9 (G) conservation of biological diversity; 

10 (H) promotion of biodiversity; and 

11 (I) preparation of oil-spill contingency 

12 plans. 

13 (3) MINIMUM INTERNATIONAL HUMAN RIGHTS

14 STANDARDS.—The term ‘‘minimum international 

15 human rights standards’’ means standards contained 

16 in the following United Nations instruments relating 

17 to international human rights: the Universal Dec18 laration of Human Rights, the International Cov19 enant on Civil and Political Rights, the Convention 

20 Against Torture and Other Cruel, Inhuman or De21 grading Treatment or Punishment, the Convention 

22 on the Prevention and Punishment of the Crime of 

23 Genocide, the Slavery Convention, the Supple24 mentary Convention on the Abolition of Slavery, the 

25 Slave Trade and Institutions and Practices Similar 


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1 to Slavery, and the International Convention on the 

2 Elimination of All Forms of Racial Discrimination. 

3 (4) INTERNATIONALLY RECOGNIZED WORKER

4 RIGHTS AND CORE LABOR STANDARDS.—The term 

5 ‘‘internationally recognized worker rights and core 

6 labor standards’’ means standards contained in the 

7 following International Labor Organization (ILO) 

8 conventions: 

9 (A) Freedom of Association and Protection 

10 of the Right to Organize Convention (No. 87). 

11 (B) Right to Organize and Collective Bar12 gaining Convention (No. 98). 

13 (C) Forced Labour Convention (No. 29). 

14 (D) Abolition of Forced Labour Conven15 tion (No. 105). 

16 (E) Discrimination (Employment and Oc17 cupation) Convention (No. 111). 

18 (F) Equal Remuneration Convention (No. 

19 100). 

20 (G) Minimum Age Convention (No. 138). 

21 (H) Occupational Safety and Health (No. 

22 155). 

23 (I) Convention on the Worst Forms of 

24 Child Labor (No. 182). 


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1 (5) NATIONAL OF THE UNITED STATES.—The 

2 term ‘‘national of the United States’’ means— 

3 (A) a citizen of the United States or an 

4 alien lawfully admitted for permanent residence 

5 in the United States; or 

6 (B) a corporation, partnership, or other 

7 business association that is organized under the 

8 laws of the United States. 

9 (6) UNITED STATES.—The term ‘‘United 

10 States’’ means the States of the United States, the 

11 District of Columbia, the Commonwealth of Puerto 

12 Rico, and any territory or possession of the United 

13 States. 

14 SEC. 4. PREFERENCE IN AWARD OF CONTRACTS AND PRO15 VISION OF CERTAIN FOREIGN TRADE AND IN16 VESTMENT ASSISTANCE. 

17 (a) PREFERENCE IN AWARD OF CONTRACTS.— 

18 (1) IN GENERAL.—In entering into contracts 

19 with entities described in subsection (c) to procure 

20 goods or services, the head of an executive agency 

21 shall give a preference to contracting with entities 

22 that have adopted and are enforcing the Corporate 

23 Code of Conduct described in section 3(b). 


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1 (2) STANDARDS.—The Federal Acquisition 

2 Regulations shall include standards with respect to 

3 the preference required by this subsection. 

4 (b) PREFERENCE IN PROVIDING CERTAIN FOREIGN

5 TRADE AND INVESTMENT ASSISTANCE.— 

6 (1) DEPARTMENT OF COMMERCE.— 

7 (A) IN GENERAL.—In providing entities 

8 described in subsection (c) that are also United 

9 States exporters with introduction to contacts 

10 in foreign countries pursuant to section 

11 2301(b)(4) of the Omnibus Trade and Competi12 tiveness Act of 1988 (15 U.S.C. 4721(b)(4)), 

13 and in coordinating trade missions with entities 

14 described in subsection (c), the Secretary of 

15 Commerce shall give preference to entities that 

16 have adopted the Corporate Code of Conduct 

17 set forth in section 3(b). 

18 (B) REGULATIONS.—The Secretary of 

19 Commerce shall promulgate regulations con20 taining standards with respect to the preference 

21 required by this paragraph. 

22 (2) OVERSEAS PRIVATE INVESTMENT CORPORA23 TION.— 

24 (A) IN GENERAL.—In providing financing 

25 and issuing investment insurance, reinsurance, 


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1 and guaranties to entities described in sub2 section (c) pursuant to title IV of chapter 2 of 

3 part I of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2191 et seq.), the Overseas Private 

5 Investment Corporation shall give preference to 

6 entities that have adopted the Corporate Code 

7 of Conduct set forth in section 3(b). 

8 (B) REGULATIONS.—The Board of Direc9 tors of the Overseas Private Investment Cor10 porations shall promulgate regulations con11 taining standards with respect to the preference 

12 required by this paragraph. 

13 (3) TRADE AND DEVELOPMENT AGENCY.— 

14 (A) IN GENERAL.—In providing assistance 

15 to entities described in subsection (c) under sec16 tion 661 of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2421(b)), the Trade and Develop18 ment Agency shall give preference to entities 

19 that have adopted the Corporate Code of Con20 duct set forth in section 3(b). 

21 (B) REGULATIONS.—The Director of the 

22 Trade and Development Agency shall promul23 gate regulations containing standards with re24 spect to the preference required by this para25 graph. 


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1 (4) EXPORT-IMPORT BANK OF THE UNITED

2 STATES.— 

3 (A) IN GENERAL.—In providing guaran4 tees, insurance, and credit, and in participating 

5 in extensions of credit, for entities described in 

6 subsection (c), the Export-Import Bank of the 

7 United States shall give preference to entities 

8 that have adopted the Corporate Code of Con9 duct set forth in section 3(b). 

10 (B) REGULATIONS.—The Board of Direc11 tors of the Export-Import Bank shall promul12 gate regulations containing standards with re13 spect to the preference required by this para14 graph. 

15 (c) ENTITIES DESCRIBED.—The entities described in 

16 this subsection are nationals of the United States that em17 ploy more than 20 persons in a foreign country, either 

18 directly or through subsidiaries, subcontractors, affiliates, 

19 joint ventures, partners, or licensees (including any secu20 rity forces of the national). 

21 SEC. 5. INVESTIGATIONS OF COMPLIANCE WITH COR22 PORATE CODE OF CONDUCT. 

23 (a) DEFINITION.—In this section, the term ‘‘appro24 priate Federal official’’ means the Secretary of Commerce, 


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1 the Secretary of Labor, the Secretary of State, or the Ad2 ministrator of the Environmental Protection Agency. 

3 (b) PETITIONS.— 

4 (1) IN GENERAL.—Any person may at any time 

5 file a petition with the appropriate Federal official 

6 requesting that action be taken under section 6 and 

7 setting forth the allegations in support of the re8 quest. A petition alleging the failure of an entity to 

9 comply with the Corporate Code of Conduct adopted 

10 by the entity pursuant to section 3 may seek— 

11 (A) the termination of a contract awarded 

12 or of assistance provided to an entity that re13 ceived a preference under section 4 in the 

14 award of a contract or in the provision of as15 sistance; 

16 (B) the withdrawal, suspension, or limita17 tion of the eligibility of an entity for a pref18 erence under section 6; or 

19 (C) action under both subparagraphs (A) 

20 and (B). 

21 (2) REVIEW; DETERMINATION TO INITIATE IN22 VESTIGATION.—The appropriate Federal official 

23 shall review the allegations in any petition filed 

24 under paragraph (1) and, not later than 45 days 

25 after the date on which the petition is received, shall 


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1 initiate an investigation unless the petition is dis2 missed under paragraph (3). 

3 (3) DETERMINATION NOT TO INITIATE INVES4 TIGATION.— 

5 (A) IN GENERAL.—The appropriate Fed6 eral official may determine not to initiate an in7 vestigation with respect to a petition filed under 

8 paragraph (1) only upon issuing a finding that 

9 the petition is frivolous. This finding shall be 

10 made without regard to whether similar allega11 tions were made in a previously reviewed peti12 tion and shall focus exclusively on whether the 

13 facts alleged in a petition, if true, would fail to 

14 establish a prima facie case for noncompliance 

15 with the Corporate Code of Conduct set forth in 

16 section 3. Only if the facts alleged in a petition, 

17 if true, fail to make out a prima facie case, or 

18 if a petition contains only conclusory allegations 

19 with no allegation of supporting facts, shall a 

20 petition be dismissed as frivolous. 

21 (B) NOTIFICATION.—If the appropriate 

22 Federal official finds a petition to be frivolous, 

23 such official shall issue a written decision indi24 cating the specific reasons therefor and shall 

25 publish notice of the determination, together 


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1 with a summary of such reasons, in the Federal 

2 Register. A copy of the decision shall be sent to 

3 the petitioner and shall be made available for 

4 public review. 

5 (4) SPECIAL COMMITTEES.—The Secretary of 

6 Commerce, the Secretary of Labor, the Secretary of 

7 State, and the Administrator of the Environmental 

8 Protection Agency may establish one or more special 

9 committees to review petitions filed under paragraph 

10 (1) that are under investigation and make written 

11 recommendations with respect to each petition. The 

12 written recommendations shall be available to the 

13 public. The members of the special committees may 

14 be drawn from other agencies within the executive 

15 branch, and each member shall have the necessary 

16 expertise relevant to the issues raised in any peti17 tions to be considered. 

18 (5) INVESTIGATIONS.— 

19 (A) IN GENERAL.—In initiating an inves20 tigation of a petition under this subsection, the 

21 appropriate Federal official shall publish a sum22 mary of the petition in the Federal Register, 

23 along with a request for any person to submit 

24 information relevant to the petition. Following 

25 such publication, such official shall conduct an 


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1 independent investigation and gather informa2 tion from all available resources. As part of the 

3 review process, the appropriate Federal official 

4 shall, as soon as practicable, and in no event 

5 later than 90 days after the date on which the 

6 petition is filed, provide opportunity for the 

7 presentation of information concerning the 

8 issues involved, including a public hearing at 

9 which all interested parties may participate. 

10 (B) PETITIONS ALLEGING NONCOMPLI11 ANCE.—With respect to any petition alleging 

12 noncompliance, the appropriate Federal official 

13 shall determine whether such violations have oc14 curred or are occurring. Such official in the 

15 preceding sentence shall provide written rec16 ommendations regarding the disposition of the 

17 allegations that shall be entered in the record of 

18 the investigation. The appropriate Federal offi19 cial, or any member of any special committee 

20 established under paragraph (4), may also seek 

21 advice from experts in the fields of human 

22 rights, worker rights, environmental protection, 

23 and equal opportunity employment. The advice 

24 may be in writing or taken as oral testimony at 


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1 a public hearing and shall be entered in the 

2 record of the investigation. 

3 (6) DECISIONS.—After completion of the inves4 tigation, and in no event later than 270 days after 

5 the date on which the petition was filed, the appro6 priate Federal official shall issue a decision whether 

7 to grant the relief requested in the petition. The de8 cision shall be in writing and clearly reference the 

9 issues presented, the factual findings regarding the 

10 allegations, and the standard applied in determining 

11 whether the facts as found required action under 

12 section 6. A copy of the decision shall be provided 

13 to the petitioner, the entity involved in the petition, 

14 and any other party that submitted information rel15 evant to the petition, and shall be made available for 

16 public review. A summary of the decision shall be 

17 published in the Federal Register. 

18 (c) INITIATION OF INVESTIGATION BY MEANS OTHER

19 THAN PETITION.—If the appropriate Federal official de20 termines that an investigation should be initiated with re21 spect to any matter in order to determine whether the 

22 matter requires action under section 6, such official shall 

23 publish such determination in the Federal Register and 

24 shall initiate such investigation using the procedures of 


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1 paragraphs (5) and (6) of subsection (b), to the extent 

2 appropriate. 

3 (d) PROMULGATION OF REGULATIONS.—The Sec4 retary of Commerce shall promulgate regulations to imple5 ment this section. The regulations may include— 

6 (1) procedures for the creation of special com7 mittees under subsection (b)(4); 

8 (2) coordinating investigations with other agen9 cies; 

10 (3) consolidating multiple petitions concerning 

11 the same contract or entity; and 

12 (4) holding hearings on similar petitions at the 

13 same time in order to efficiently gather information. 

14 (e) JUDICIAL REVIEW OF DETERMINATIONS.—Any 

15 final decision dismissing or denying a petition requesting 

16 action under section 6, or any final decision that results 

17 in an action against an entity under section 6, may be 

18 appealed by the petitioner or the entity to the appropriate 

19 United States Court of Appeals for review. The decision 

20 shall be reviewed as a final agency action. 

21 SEC. 6. TERMINATION OF CONTRACTS OR ASSISTANCE AND 

22 WITHDRAWAL, SUSPENSION, OR LIMITATION 

23 OF PREFERENCE. 

24 (a) TERMINATION OF CONTRACT OR ASSISTANCE.— 

25 Based upon a determination from an investigation initiVerDate Aug 31 2005 00:24 May 14, 2006 Jkt 049196 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5377.IH H5377

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1 ated under section 5 and notwithstanding any other provi2 sion of law, the Secretary of Commerce, the Secretary of 

3 Labor, the Secretary of State, or the Administrator of the 

4 Environmental Protection Agency shall terminate a con5 tract entered into by the executive agency involved with 

6 an entity described in section 4(c) for the procurement of 

7 goods or services by the agency, and the appropriate Fed8 eral official or entity described in paragraph (1), (2), (3), 

9 or (4) of section 4(b) shall terminate foreign trade and 

10 investment assistance from the United States Government 

11 (as described in section 4(b)) provided to an entity de12 scribed in section 4(c), if the entity or contractor or other 

13 recipient of the assistance is not in compliance with the 

14 Corporate Code of Conduct described in section 3(b). 

15 (b) WITHDRAWAL, SUSPENSION, OR LIMITATION OF

16 PREFERENCE.—The designation of an entity as eligible to 

17 receive a preference under section 4 shall be withdrawn, 

18 suspended, or limited if the entity is no longer in complete 

19 compliance with the Corporate Code of Conduct described 

20 in section 3(b). 

21 SEC. 7. REPORTING REQUIREMENTS. 

22 (a) REPORTS TO CERTAIN FEDERAL DEPARTMENTS

23 AND AGENCIES.—Each entity described in section 4(c) 

24 that enters into a contract with an executive agency for 

25 the procurement of goods or services by the agency, and 


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1 each entity described in section 4(c) that receives certain 

2 foreign trade and investment assistance from the United 

3 States Government (as described in section 4(b)), shall 

4 prepare and submit to the Secretary of Commerce, the 

5 Secretary of Labor, the Secretary of State, and the Ad6 ministrator of the Environmental Protection Agency an 

7 annual report, which shall be made available to the public, 

8 that contains a description of the monitoring program es9 tablished and carried out by the entity pursuant to section 

10 3(b)(8) and any progress made toward full compliance 

11 with the principles described in paragraphs (1) through 

12 (7) of section 3(b) by the individuals described in section 

13 3(b)(8). 

14 (b) REPORTS TO CONGRESS.—The Secretary of Com15 merce, the Secretary of Labor, the Secretary of State, and 

16 the Administrator of the Environmental Protection Agen17 cy shall jointly prepare and submit to the Congress, at 

18 the same time the annual Department of State Country 

19 Reports on Human Rights Practices is submitted, an an20 nual report, which shall be made available to the public, 

21 that contains a compilation of the reports received from 

22 each entity under subsection (a) for the prior year (includ23 ing a compilation of the petitions submitted to the appro24 priate Federal officials under section 5 for the prior year) 

25 and that contains an analysis of the extent to which each 


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1 such entity is in compliance with the Corporate Code of 

2 Conduct described in section 3(b). 

3 SEC. 8. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS. 

4 (a) REGULATORY AUTHORITY.—The President shall 

5 issue such rules, regulations, licenses, and orders as are 

6 necessary to carry out the provisions of this Act. 

7 (b) ENFORCEMENT AND PENALTIES.— 

8 (1) IN GENERAL.—The President, with respect 

9 to his authorities under subsection (a), shall take the 

10 necessary steps to ensure compliance (including the 

11 monitoring of compliance) with the provisions of this 

12 Act and any rules, regulations, licenses, and orders 

13 issued to carry out this Act. 

14 (2) LIABILITY.—Beginning 2 years after the 

15 date of the enactment of this Act, any person who 

16 is in violation of any provision of this Act (or any 

17 rule, regulation, license, or order issued to carry out 

18 this Act) shall be liable for damages in a civil cause 

19 of action initiated in an appropriate United States 

20 district court to any individual aggrieved by the act 

21 or omission of the person in question, or to the 

22 heirs, estate, or other legal representative of the in23 dividual. 

Æ 


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