to Slavery, and the International Convention on the
Elimination of All Forms of Racial Discrimination.
(4) INTERNATIONALLY
RECOGNIZED
WORKER
RIGHTS AND CORE LABOR STANDARDS.—The term
‘‘internationally recognized worker rights and core
labor standards’’ means standards contained in the
following International Labor Organization (ILO)
conventions:
(A) Freedom of Association and Protection
of the Right to Organize Convention (No. 87).
(B) Right to Organize and Collective Bar-
gaining Convention (No. 98).
(C) Forced Labour Convention (No. 29).
(D) Abolition of Forced Labour Conven-
tion (No. 105).
(E) Discrimination (Employment and Oc-
cupation) Convention (No. 111).
(F) Equal Remuneration Convention (No.
100).
(G) Minimum Age Convention (No. 138).
(H) Occupational Safety and Health (No.
155).
(I) Convention on the Worst Forms of
Child Labor (No. 182)
(5) 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.
(6) 
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. 4. PREFERENCE IN AWARD OF CONTRACTS AND PRO-
VISION OF CERTAIN FOREIGN TRADE AND IN-
VESTMENT ASSISTANCE.
(a) PREFERENCE IN AWARD OF CONTRACTS.—
(1) IN GENERAL.—In entering into contracts
with entities described in subsection (c) to procure
goods or services, the head of an executive agency
shall give a preference to contracting with entities
that have adopted and are enforcing the Corporate
Code of Conduct described in section 3(b).
(2) 
STANDARDS.—The 
Federal 
Acquisition
Regulations shall include standards with respect to
the preference required by this subsection.
(b) PREFERENCE IN PROVIDING CERTAIN FOREIGN
TRADE AND INVESTMENT ASSISTANCE.—
(1) DEPARTMENT OF COMMERCE.—
(A) IN
GENERAL.—In providing entities
described in subsection (c) that are also United
States exporters with introduction to contacts
in 
foreign 
countries 
pursuant 
to 
section
2301(b)(4) of the Omnibus Trade and Competi-
tiveness Act of 1988 (15 U.S.C. 4721(b)(4)),
and in coordinating trade missions with entities
described in subsection (c), the Secretary of
Commerce shall give preference to entities that
have adopted the Corporate Code of Conduct
set forth in section 3(b).
(B) REGULATIONS.—The Secretary of
Commerce shall promulgate regulations con-
taining standards with respect to the preference
required by this paragraph.
(2) OVERSEAS PRIVATE INVESTMENT CORPORA-
TION.—
(A) IN GENERAL.—In providing financing
and issuing investment insurance, reinsurance,
and guaranties to entities described in sub-
section (c) pursuant to title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2191 et seq.), the Overseas Private
Investment Corporation shall give preference to
entities that have adopted the Corporate Code
of Conduct set forth in section 3(b).
(B) REGULATIONS.—The Board of Direc-
tors of the Overseas Private Investment Cor-
porations shall promulgate regulations con-
taining standards with respect to the preference
required by this paragraph.
(3) TRADE AND DEVELOPMENT AGENCY.—
(A) IN GENERAL.—In providing assistance
to entities described in subsection (c) under sec-
tion 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421(b)), the Trade and Develop-
ment Agency shall give preference to entities
that have adopted the Corporate Code of Con-
duct set forth in section 3(b).
(B) REGULATIONS.—The Director of the
Trade and Development Agency shall promul-
gate regulations containing standards with re-
spect to the preference required by this para-
graph.
(4) EXPORT-IMPORT
BANK
OF
THE
UNITED
STATES.—
(A) IN
GENERAL.—In providing guaran-
tees, insurance, and credit, and in participating
in extensions of credit, for entities described in
subsection (c), the Export-Import Bank of the
United States shall give preference to entities
that have adopted the Corporate Code of Con-
duct set forth in section 3(b).
(B) REGULATIONS.—The Board of Direc-
tors of the Export-Import Bank shall promul-
gate regulations containing standards with re-
spect to the preference required by this para-
graph.
(c) ENTITIES DESCRIBED.—The entities described in
this subsection are nationals of the United States that em-
ploy more than 20 persons in a foreign country, either
directly or through subsidiaries, subcontractors, affiliates,
joint ventures, partners, or licensees (including any secu-
rity forces of the national).
SEC. 5. INVESTIGATIONS OF COMPLIANCE WITH COR-
PORATE CODE OF CONDUCT.
(a) DEFINITION.—In this section, the term ‘‘appro-
priate Federal official’’ means the Secretary of Commerce,
the Secretary of Labor, the Secretary of State, or the Ad-
ministrator of the Environmental Protection Agency.
(b) PETITIONS.—
(1) IN GENERAL.—Any person may at any time
file a petition with the appropriate Federal official
requesting that action be taken under section 6 and
setting forth the allegations in support of the re-
quest. A petition alleging the failure of an entity to
comply with the Corporate Code of Conduct adopted
by the entity pursuant to section 3 may seek—
(A) the termination of a contract awarded
or of assistance provided to an entity that re-
ceived a preference under section 4 in the
award of a contract or in the provision of as-
sistance;
(B) the withdrawal, suspension, or limita-
tion of the eligibility of an entity for a pref-
erence under section 6; or
(C) action under both subparagraphs (A)
and (B).
(2) REVIEW; DETERMINATION TO INITIATE IN-
VESTIGATION.—The appropriate Federal official
shall review the allegations in any petition filed
under paragraph (1) and, not later than 45 days
after the date on which the petition is received, shall
initiate an investigation unless the petition is dis-
missed under paragraph (3).
(3) DETERMINATION NOT TO INITIATE INVES-
TIGATION.—
(A) IN GENERAL.—The appropriate Fed-
eral official may determine not to initiate an in-
vestigation with respect to a petition filed under
paragraph (1) only upon issuing a finding that
the petition is frivolous. This finding shall be
made without regard to whether similar allega-
tions were made in a previously reviewed peti-
tion and shall focus exclusively on whether the
facts alleged in a petition, if true, would fail to
establish a prima facie case for noncompliance
with the Corporate Code of Conduct set forth in
section 3. Only if the facts alleged in a petition,
if true, fail to make out a prima facie case, or
if a petition contains only conclusory allegations
with no allegation of supporting facts, shall a
petition be dismissed as frivolous.
(B) NOTIFICATION.—If the appropriate
Federal official finds a petition to be frivolous,
such official shall issue a written decision indi-
cating the specific reasons therefor and shall
publish notice of the determination, together
with a summary of such reasons, in the Federal
Register. A copy of the decision shall be sent to
the petitioner and shall be made available for
public review.
(4) SPECIAL COMMITTEES.—The Secretary of
Commerce, the Secretary of Labor, the Secretary of
State, and the Administrator of the Environmental
Protection Agency may establish one or more special
committees to review petitions filed under paragraph
(1) that are under investigation and make written
recommendations with respect to each petition. The
written recommendations shall be available to the
public. The members of the special committees may
be drawn from other agencies within the executive
branch, and each member shall have the necessary
expertise relevant to the issues raised in any peti-
tions to be considered.
(5) INVESTIGATIONS.—
(A) IN GENERAL.—In initiating an inves-
tigation of a petition under this subsection, the
appropriate Federal official shall publish a sum-
mary of the petition in the Federal Register,
along with a request for any person to submit
information relevant to the petition. Following
such publication, such official shall conduct an
independent investigation and gather informa-
tion from all available resources. As part of the
review process, the appropriate Federal official
shall, as soon as practicable, and in no event
later than 90 days after the date on which the
petition is filed, provide opportunity for the
presentation of information concerning the
issues involved, including a public hearing at
which all interested parties may participate.
(B) PETITIONS
ALLEGING
NONCOMPLI-
ANCE.—With respect to any petition alleging
noncompliance, the appropriate Federal official
shall determine whether such violations have oc-
curred or are occurring. Such official in the
preceding sentence shall provide written rec-
ommendations regarding the disposition of the
allegations that shall be entered in the record of
the investigation. The appropriate Federal offi-
cial, or any member of any special committee
established under paragraph (4), may also seek
advice from experts in the fields of human
rights, worker rights, environmental protection,
and equal opportunity employment. The advice
may be in writing or taken as oral testimony at
a public hearing and shall be entered in the
record of the investigation.
(6) DECISIONS.—After completion of the inves-
tigation, and in no event later than 270 days after
the date on which the petition was filed, the appro-
priate Federal official shall issue a decision whether
to grant the relief requested in the petition. The de-
cision shall be in writing and clearly reference the
issues presented, the factual findings regarding the
allegations, and the standard applied in determining
whether the facts as found required action under
section 6. A copy of the decision shall be provided
to the petitioner, the entity involved in the petition,
and any other party that submitted information rel-
evant to the petition, and shall be made available for
public review. A summary of the decision shall be
published in the Federal Register.
(c) INITIATION OF INVESTIGATION BY MEANS OTHER
THAN PETITION.—If the appropriate Federal official de-
termines that an investigation should be initiated with re-
spect to any matter in order to determine whether the
matter requires action under section 6, such official shall
publish such determination in the Federal Register and
shall initiate such investigation using the procedures of
paragraphs (5) and (6) of subsection (b), to the extent
appropriate.
(d) PROMULGATION
OF REGULATIONS.—The Sec-
retary of Commerce shall promulgate regulations to imple-
ment this section. The regulations may include—
(1) procedures for the creation of special com-
mittees under subsection (b)(4);
(2) coordinating investigations with other agen-
cies;
(3) consolidating multiple petitions concerning
the same contract or entity; and
(4) holding hearings on similar petitions at the
same time in order to efficiently gather information.
(e) JUDICIAL REVIEW OF DETERMINATIONS.—Any
final decision dismissing or denying a petition requesting
action under section 6, or any final decision that results
in an action against an entity under section 6, may be
appealed by the petitioner or the entity to the appropriate
United States Court of Appeals for review. The decision
shall be reviewed as a final agency action.
SEC. 6. TERMINATION OF CONTRACTS OR ASSISTANCE AND
WITHDRAWAL, SUSPENSION, OR LIMITATION
OF PREFERENCE.
(a) TERMINATION OF CONTRACT OR ASSISTANCE.—
Based upon a determination from an investigation initi-
ated under section 5 and notwithstanding any other provi-
sion of law, the Secretary of Commerce, the Secretary of
Labor, the Secretary of State, or the Administrator of the
Environmental Protection Agency shall terminate a con-
tract entered into by the executive agency involved with
an entity described in section 4(c) for the procurement of
goods or services by the agency, and the Secretary shall
terminate foreign trade and investment assistance from
the United States Government (as described in section
4(b)) provided to an entity described in section 4(c), if
the entity or contractor or other recipient of the assistance
is not in compliance with the Corporate Code of Conduct
described in section 3(b).
(b) WITHDRAWAL, SUSPENSION, OR LIMITATION OF
PREFERENCE.—The designation of an entity as eligible to
receive a preference under section 4 shall be withdrawn,
suspended, or limited if the entity is no longer in complete
compliance with the Corporate Code of Conduct described
in section 3(b).
SEC. 7. REPORTING REQUIREMENTS.
(a) REPORTS TO CERTAIN FEDERAL DEPARTMENTS
AND AGENCIES.—Each entity described in section 4(c)
that enters into a contract with an executive agency for
the procurement of goods or services by the agency, and
each entity described in section 4(c) that receives certain
such entity is in compliance with the Corporate Code of
Conduct described in section 3(b).
SEC. 8. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS.
(a) REGULATORY AUTHORITY.—The President shall
issue such rules, regulations, licenses, and orders as are
necessary to carry out the provisions of this Act.
(b) ENFORCEMENT AND PENALTIES.—
(1) IN GENERAL.—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, regulations, licenses, and orders
issued to carry out this Act.
(2) LIABILITY.—Beginning 2 years after the
date of the enactment of this Act, 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 in-
dividual.
Æ