(Pub. L. 109–164, title I, § 105,Jan. 10, 2006, 119 Stat. 3566.)
Section was enacted as part of the Trafficking Victims Protection Reauthorization Act of 2005, and not as part of the Trafficking Victims Protection Act of 2000 which comprises this chapter.
Consultative Group To Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products
Pub. L. 110–246
, title III, § 3205,June 18, 2008, 122 Stat. 1838
, provided that:
“(a) Definitions.—In this section:
“(1) Child labor.—The term ‘child labor’ means the worst forms of child labor as defined in International Labor Convention 182, the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, done at Geneva on June 17, 1999.
“(2) Consultative group.—The term ‘Consultative Group’ means the Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products established under subsection (b).
“(3) Forced labor.—The term ‘forced labor’ means all work or service—
“(A) that is exacted from any individual under menace of any penalty for nonperformance of the work or service, and for which—
“(i) the work or service is not offered voluntarily; or
“(ii) the work or service is performed as a result of coercion, debt bondage, or involuntary servitude (as those terms are defined in section 103 of the Trafficking Victims Protection Act of 2000 (22
“(B) by 1 or more individuals who, at the time of performing the work or service, were being subjected to a severe form of trafficking in persons (as that term is defined in that section).
“(b) Establishment.—There is established a group to be known as the ‘Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products’ to develop recommendations relating to guidelines to reduce the likelihood that agricultural products or commodities imported into the United States are produced with the use of forced labor and child labor.
“(1) In general.—Not later than 2 years after the date of enactment of this Act [June 18, 2008] and in accordance with section 105(d) of the Trafficking Victims Protection Act of 2000 (22
), as applicable to the importation of agricultural products made with the use of child labor or forced labor, the Consultative Group shall develop, and submit to the Secretary [of Agriculture], recommendations relating to a standard set of practices for independent, third-party monitoring and verification for the production, processing, and distribution of agricultural products or commodities to reduce the likelihood that agricultural products or commodities imported into the United States are produced with the use of forced labor or child labor.
“(A) In general.—Not later than 1 year after the date on which the Secretary receives recommendations under paragraph (1), the Secretary shall release guidelines for a voluntary initiative to enable entities to address issues raised by the Trafficking Victims Protection Act of 2000 (22
“(B) Requirements.—Guidelines released under subparagraph (A) shall be published in the Federal Register and made available for public comment for a period of 90 days.
“(d) Membership.—The Consultative Group shall be composed of not more than 13 individuals, of whom—
“(1) 2 members shall represent the Department of Agriculture, as determined by the Secretary;
“(2) 1 member shall be the Deputy Under Secretary for International Affairs of the Department of Labor;
“(3) 1 member shall represent the Department of State, as determined by the Secretary of State;
“(4) 3 members shall represent private agriculture-related enterprises, which may include retailers, food processors, importers, and producers, of whom at least 1 member shall be an importer, food processor, or retailer who utilizes independent, third-party supply chain monitoring for forced labor or child labor;
“(5) 2 members shall represent institutions of higher education and research institutions, as determined appropriate by the Bureau of International Labor Affairs of the Department of Labor;
“(6) 1 member shall represent an organization that provides independent, third-party certification services for labor standards for producers or importers of agricultural commodities or products; and
“(7) 3 members shall represent organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 [26
] that have expertise on the issues of international child labor and do not possess a conflict of interest associated with establishment of the guidelines issued under subsection (c)(2), as determined by the Bureau of International Labor Affairs of the Department of Labor, including representatives from consumer organizations and trade unions, if appropriate.
“(e) Chairperson.—A representative of the Department of Agriculture appointed under subsection (d)(1), as determined by the Secretary, shall serve as the chairperson of the Consultative Group.
“(f) Requirements.—Not less than 4 times per year, the Consultative Group shall meet at the call of the Chairperson, after reasonable notice to all members, to develop recommendations described in subsection (c)(1).
“(g) Nonapplicability of FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Consultative Group.
“(h) Annual Reports.—Not later than 1 year after the date of enactment of this Act [June 18, 2008], and annually thereafter through December 31, 2012, the Secretary [of Agriculture] shall submit to the Committees on Agriculture and Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the activities and recommendations of the Consultative Group.
“(i) Termination of Authority.—The Consultative Group shall terminate on December 31, 2012.”