117 S2104 IS: Global Labor Support Act of 2021
U.S. Senate
2021-06-17
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of contents
(a)This Act may be cited as the Global Labor Support Act of 2021
. (b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—Global labor rights
Sec. 101. Statement of policy.
Sec. 102. Funding for global labor rights.
Sec. 103. Global labor program.
Sec. 104. Ambassador-at-Large for Global Labor Rights.
Sec. 105. Imposition of sanctions with respect to gross violations of the human rights of workers.
Sec. 106. Annual report on internationally recognized labor rights.
Sec. 107. Comptroller General report on United States Government work on labor rights.
TITLE II—Labor rights in Bangladesh
Sec. 201. Findings.
Sec. 202. Statement of policy.
Sec. 203. Updated labor rights and worker safety commitments for Bangladesh.
Sec. 204. Authorization of appropriations.
Sec. 205. Embassy Dhaka labor attache.
2.Congress makes the following findings: (1)The International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work, which ILO Member States adopted in 1998, recognizes four fundamental rights at work:
(A)Freedom of association and the effective recognition of the right to collective bargaining. (B)The elimination of all forms of forced or compulsory labour.
(C)The effective abolition of child labour. (D)The elimination of discrimination in respect of employment and occupation, which may be referred to as non-discrimination.
(2)The ILO Declaration on Social Justice for a Fair Globalization, which ILO Member States adopted in 2008, recognizes four strategic objectives through which the Decent Work Agenda is expressed: (A)Promoting employment by creating a sustainable institutional and economic environment for the sustainable development of individuals, enterprises, and societies.
(B)Developing and enhancing measures of social protection, including social security, healthy and safe working conditions, and policies in regard to wages, hours, and other conditions of work. (C)Promoting social dialogue for translating economic development into social progress and making labour law and institutions effective.
(D)Respecting, promoting, and realizing the fundamental principles and rights at work, noting that freedom of association and effective recognition of the right to collective bargaining are particularly important. (3)On June 21, 2019, the International Labour Conference of the ILO adopted the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), which recognize the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment.
(4)On June 21, 2019, the United States voted in favor of the adoption of ILO Convention 190, but has not ratified it. (5)The Department of State documents worker rights in its annual Country Reports on Human Rights Practices in the following five categories:
(A)Freedom of association and the right to collective bargaining. (B)Prohibition of forced or compulsory labor.
(C)Prohibition of worst forms of child labor and minimum age for employment. (D)Prohibition of discrimination with respect to employment and occupation.
(E)Acceptable conditions of work. (6)In 1999, the Department of State created the position of Special Representative for International Labor Affairs.
(7)Section 515 of volume 1 of the Foreign Affairs Manual defines the duties of the Special Representative for International Labor Affairs as follows: The Special Representative for International Labor Affairs serves as the senior policy advisor to the Assistant Secretary for Democracy, Human Rights, and Labor on all matters related to international labor affairs and rights; and reports directly to the Assistant Secretary. The Special Representative alerts the Assistant Secretary to opportunities for advancing existing policy, helps formulate new policy approaches, and serves as a key front office contributor to strategic thinking for the bureau in relation to international labor affairs.
. 3.In this Act:
(1)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Foreign Relations and the Committee on Health, Education, Labor and Pensions of the Senate; and
(B)the Committee on Foreign Affairs and the Committee on Education and Labor of the House of Representatives. (2)Internationally recognized labor rightsThe term internationally recognized labor rights means—
(A)the freedom of association and the effective recognition of the right to collective bargaining; (B)the elimination of all forms of forced or compulsory labor;
(C)the effective prohibition and abolition of all forms of child labor; (D)the elimination of discrimination in respect of employment and occupation; and
(E)acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health. (3)The term vulnerable populations means—
(A)workers who identify as women or girls; (B)workers with disabilities;
(C)child workers above the minimum age of employment as defined by the ILO Minimum Age Convention; (D)workers who identify as lesbian, gay, bisexual, transgender, queer, or intersex;
(E)workers from marginalized communities; (F)migrant workers;
(G)domestic workers; (H)workers in the informal economy;
(I)workers in non-standard forms of employment as described by the ILO, including short-term contract employment and home-based employment, among others; and (J)workers who otherwise lack access to social protection.
<enum>I</enum><header>Global labor rights</header>
<section id="idfb44e97502a14407b896a5ef09ef7aa5"><enum>101.</enum><header>Statement of policy</header><text display-inline="no-display-inline">It is the policy of the United States to—</text> <paragraph id="idef494a33485d423ead61fd163894cff2"><enum>(1)</enum><text>support and advance internationally recognized labor rights around the world;</text></paragraph>
<paragraph id="id96e45359e72741c8b12f90ac955382ef"><enum>(2)</enum><text>recognize that barriers to workers, particularly workers who identify as women or girls, accessing their full internationally recognized labor rights include—</text> <subparagraph id="idd5e9e096d0214a89b9a5c12ecd0f3f6c"><enum>(A)</enum><text>workplace harassment and violence, particularly gender-based harassment and violence;</text></subparagraph>
<subparagraph id="ida425252a6eeb4ba58696b94088564ba3"><enum>(B)</enum><text>lack of pay equity;</text></subparagraph> <subparagraph id="idbf0885fc68eb4031ab9f8a7bbcb525da"><enum>(C)</enum><text>lack of access to family, medical, and sick leave;</text></subparagraph>
<subparagraph id="idd07141fdd4ae4c38a54a16cd4ec7571a"><enum>(D)</enum><text>lack of access to affordable child care; </text></subparagraph> <subparagraph id="id5d2af481ca4043d79652a1f53c89f40c"><enum>(E)</enum><text>lack of access to safe and adequate water and sanitation facilities and hygienic conditions; and</text></subparagraph>
<subparagraph id="idb5fb44f37a904f029c3b6475efa11ba0"><enum>(F)</enum><text>restrictive social and gender norms;</text></subparagraph></paragraph> <paragraph id="id63c1f15745b64084b0e438f7807581e6"><enum>(3)</enum><text>engage governments directly and through multilateral organizations, such as the International Labour Organization and the Organization for Economic Cooperation and Development, to advance internationally recognized labor rights, prevent and respond to gender-based harassment and violence in the world of work, and promote safe working conditions;</text></paragraph>
<paragraph id="idb1fd6c67a9d44be5b4d00e1a9fa4381c"><enum>(4)</enum><text>oppose the use of force or coercion to prevent workers from exercising their internationally recognized labor rights, including by employers and government entities, such as the use of police or military force;</text></paragraph> <paragraph id="ideee8ef1d44ef452480c2f00a8b8e5666"><enum>(5)</enum><text>engage with labor unions, workers’ organizations, nongovernmental organizations, academia, and the private sector, including industry associations and multistakeholder initiatives, to strengthen respect for, and promote protection of, internationally recognized labor rights around the world; and</text></paragraph>
<paragraph id="idff1c3072686a4bbdb46424878843f0dc"><enum>(6)</enum><text>support transparency regarding, and corporate accountability for, the protection of internationally recognized labor rights in global supply chains.</text></paragraph></section> <section id="id39bc042e04bd46e9be143fe714831f3f"><enum>102.</enum><header>Funding for global labor rights</header> <subsection id="id30E565AEBAD94BA7AAFB5DB2D6475A51"><enum>(a)</enum><header>Global Labor Rights fund</header> <paragraph id="id4f750ff2cb1840d190eaba31fad52de6"><enum>(1)</enum><header>Establishment</header><text>There is established in the Treasury of the United States a fund for entities whose main purpose is to protect and promote labor rights, to be known as the Global Labor Rights Fund (in this section referred to as the <quote>Fund</quote>), consisting of such amounts as are appropriated pursuant to the authorization of appropriations under paragraph (2) or otherwise appropriated or otherwise made available to the Fund.</text></paragraph>
<paragraph id="idB4E2B5B2CF5249CABF8C7B4E2A16151D"><enum>(2)</enum><header>Authorization of appropriations</header><text>There is authorized to be appropriated to the Fund $30,000,000, of which $25,000,000 shall be divided between the Department of State and the United States Agency for International Development and $5,000,000 shall be for the International Labor Affairs Bureau at the Department of Labor for each of fiscal years 2022 through 2028.</text></paragraph> <paragraph id="id5b378537027847779ea02cd571ad4ce9"><enum>(3)</enum><header>Recipients of funds</header><text>Funds from the Global Labor Rights Fund shall be available to entities whose main purpose is to protect and promote labor rights, such as labor unions and nongovernmental organizations with a demonstrated record of labor rights advocacy or effective implementation of labor rights programs, and may be made available to foreign government entities only for the purposes of providing technical assistance for reforming labor laws, intensifying labor law enforcement, implementing transparent reporting on labor inspections, improving monitoring mechanisms to comply with internationally recognized labor rights, and strengthening the ability of dispute resolution mechanisms and the judicial system to address labor issues in an impartial and independent manner. </text></paragraph>
<paragraph id="id483887e8786e45ba8470c92d33ac5881"><enum>(4)</enum><header>Use of funds</header><text>Amounts in the Fund shall be used to effectively implement the following goals:</text> <subparagraph id="id78d51fc8089349cd9fc422bbb34e8667"><enum>(A)</enum><text>To build the capacity of labor rights organizations in foreign countries, including labor unions, to protect internationally recognized labor rights, including building their capacity to organize workers into labor unions and to negotiate strong collective bargaining agreements.</text></subparagraph>
<subparagraph id="id281d8efb2dc948c28c2ba96b7f37b93f"><enum>(B)</enum><text>To build the capacity of government entities to protect internationally recognized labor rights only under the conditions described in paragraph (3).</text></subparagraph> <subparagraph id="id4fa5f29fb3ea4fedb1715dc66a1f90dd"><enum>(C)</enum><text>To develop social protection systems that help workers overcome barriers to accessing their full internationally recognized labor rights, such as promoting access to paid family, medical, and sick leave. </text></subparagraph>
<subparagraph id="id646476dc5c9c488893bbd5a94013ba05"><enum>(D)</enum><text>To safeguard and promote the rights of workers facing discrimination, harassment, and violence, particularly workers who identify as women or girls and workers from other vulnerable populations, including—</text> <clause id="id8537C0AD73564D5291900FE1A1C5E740"><enum>(i)</enum><text>supporting equal pay for equal work;</text></clause>
<clause id="id63a611a12e134ff88e889964a17c0112"><enum>(ii)</enum><text>supporting workers' access to justice, including through access to quality legal assistance;</text></clause> <clause id="ida0414cf2f9614200b80b3067c357e568"><enum>(iii)</enum><text>providing protection from retaliation; and</text></clause>
<clause id="id5c845a4a57ec42b69fa9c779c53a130a"><enum>(iv)</enum><text>providing legal, psychosocial, and other support and services during investigations of abuse or exploitation.</text></clause></subparagraph> <subparagraph id="id4f9c41e3241a4752ac93406093c1c45b"><enum>(E)</enum><text>To support the development of worker-driven labor monitoring and gender-sensitive complaint and dispute resolution mechanisms.</text></subparagraph>
<subparagraph id="idad2a8f52a96e43f1a4eefb983ac66ab7"><enum>(F)</enum><text>To increase the general population’s awareness of internationally recognized labor rights.</text></subparagraph> <subparagraph id="idb0f12e1fcf2646b3b90cc578a9ac0773"><enum>(G)</enum><text>To otherwise promote and protect internationally recognized labor rights. </text></subparagraph></paragraph>
<paragraph id="idf566d9a53c1940989d1e95833bfb49f2"><enum>(5)</enum><header>Implementation</header><text>In general, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall coordinate and carry out activities to achieve the goals described in paragraph (4).</text></paragraph> <paragraph id="id19687802253a4d338d8311713ec8e5f2"><enum>(6)</enum><header>Briefing on implementation</header> <subparagraph id="id857889611E9C4457974DF7462B1822E3"><enum>(A)</enum><header>In general</header><text>The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall provide to the appropriate congressional committees an annual briefing on the programs and activities carried out to achieve the goals described in paragraph (4) during the preceding fiscal year and through fiscal year 2028, including all programs and activities funded with amounts in the Fund. </text></subparagraph>
<subparagraph id="id1f82a9bf24244d69a9fcadf65e8e49c3"><enum>(B)</enum><header>Elements</header><text>Each briefing shall include, with respect to each program or activity described in subparagraph (A)—</text> <clause id="id6e1a2d19ce194eaf904002aee4731703"><enum>(i)</enum><text>a thorough description of the program or activity;</text></clause>
<clause id="idb4617b293cab4b8cad295d1452a2e852"><enum>(ii)</enum><text>the amount of funding for the program or activity;</text></clause> <clause id="ida87b0b3e05ea4e4cb1fd598400307ebd"><enum>(iii)</enum><text>the identity of each recipient of funding for the program or activity, including any subgrantees;</text></clause>
<clause id="idca1b03d7b4a94c6280894dc6b73a43ee"><enum>(iv)</enum><text>the number of participants in the program or activity, disaggregated by industry or sector, age, gender identity, ethnic or racial identity, disability, educational attainment level, migratory status, and occupation to the extent that participants are willing and able to safely provide such information; </text></clause> <clause id="idc24491958d1a4e2fa18a8753cda1a96b"><enum>(v)</enum><text>a description of the goal or goals described in paragraph (4) to which the program or activity relates and the indicators established to monitor progress toward meeting the goal or goals; </text></clause>
<clause id="ida8c1094cce6d405f80f45e6864c9b212"><enum>(vi)</enum><text>an assessment of whether or not the program or activity met the goal or goals; and</text></clause> <clause id="idB8BC7365882A437E95BFF23FAFD9F07B"><enum>(vii)</enum><text>future plans for the program or activity, including how the progress achieved through the program or activity will be sustained, and resources needed for those future plans, including appropriations.</text></clause></subparagraph></paragraph></subsection>
<subsection id="id95a1942b27674993931f670b88d8d37c"><enum>(b)</enum><header>Authorization of appropriations for additional labor rights programming</header>
<paragraph id="idbce921dd59a74cb5ac7adb7df7890c63"><enum>(1)</enum><header>Authorization of appropriations</header><text>In addition to the amounts authorized to be appropriated pursuant to subsection (a)(2), there is authorized to be appropriated $30,000,000, of which $25,000,000 shall be divided between the Department of State and the United States Agency for International Development and $5,000,000 shall be for the International Labor Affairs Bureau at the Department of Labor for each of fiscal years 2022 through 2028 for additional labor rights programming. </text></paragraph> <paragraph id="ide52cd83c775b48a88719e05209041c8c"><enum>(2)</enum><header>Use of funds</header><text>Amounts appropriated by this section may be used to effectively implement the following goals:</text>
<subparagraph id="idaec7ecdc994147a1a2b77db1061dc886"><enum>(A)</enum><text>To build the capacity of labor rights organizations in foreign countries, including labor unions, to protect internationally recognized labor rights, including building their capacity to organize workers into labor unions and to negotiate strong collective bargaining agreements.</text></subparagraph> <subparagraph id="id677b010c668e41aa8f76b7257c50012f"><enum>(B)</enum><text>To build the capacity of other nongovernmental organizations in foreign countries to protect internationally recognized labor rights.</text></subparagraph>
<subparagraph id="id07493c2a88f54d26aaa78c219d3273c0"><enum>(C)</enum><text>To improve the capability of foreign government entities, including legislatures, the judiciary, government agencies, and law enforcement bodies, especially labor law enforcement bodies, to protect internationally recognized labor rights. </text></subparagraph> <subparagraph id="id4d8568f9cc5e4fc2b6fc871261def99f"><enum>(D)</enum><text>To develop social protection systems that help workers overcome barriers to accessing their full internationally recognized labor rights, such as promoting access to paid family, medical, and sick leave. </text></subparagraph>
<subparagraph id="idd1b6076934784ef58d669af8db9a4131"><enum>(E)</enum><text>To safeguard and promote rights of workers facing discrimination, harassment, and violence, particularly workers who identify as women or girls and workers from other vulnerable populations, including—</text> <clause id="ida23150355a6f445490010082728e7336"><enum>(i)</enum><text>supporting equal pay for equal work; </text></clause>
<clause id="id4f2cd815a21d4d9490acc4787e562648"><enum>(ii)</enum><text>supporting workers' access to justice, including through access to quality legal assistance;</text></clause> <clause id="idea38e623f80e43c8b2099d3a7218d8e9"><enum>(iii)</enum><text>providing protection from retaliation; and</text></clause>
<clause id="id50c3decc5a9343159872abb7e6d0d85c"><enum>(iv)</enum><text>providing legal, psychosocial, and other support and services during investigations of abuse or exploitation.</text></clause></subparagraph> <subparagraph id="ida4ff69e740ae4538975e41535900c847"><enum>(F)</enum><text>To support the development of worker-driven labor monitoring and gender-sensitive complaint and dispute resolution mechanisms.</text></subparagraph>
<subparagraph id="idf275e1d0e5014c98b9f2e677b610a9d2"><enum>(G)</enum><text>To increase the general population’s awareness of internationally recognized labor rights.</text></subparagraph> <subparagraph id="id31f7c700efeb40e99fc3e52f1dfc5472"><enum>(H)</enum><text>To otherwise promote and protect internationally recognized labor rights. </text></subparagraph></paragraph>
<paragraph id="idb97044df97804f0082589afedabc0077"><enum>(3)</enum><header>Implementation</header><text>In general, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Labor, shall coordinate and carry out activities to achieve the goals described in paragraph (2). </text></paragraph></subsection></section> <section id="id0e8558799605415cbef58a6b93f98cd5"><enum>103.</enum><header>Global labor program</header> <subsection id="idc1f9d64d644a4b64975191f8ef81d0cb"><enum>(a)</enum><header>In general</header><text>Following the completion of the initial extended six-year Global Labor Program from 2016 to 2022, the Administrator of the United States Agency for International Development shall extend the Global Labor Program an additional five years, from 2023 to 2028.</text></subsection>
<subsection id="id7b066620745449d19af1941f74c7ff87"><enum>(b)</enum><header>Implementation</header><text>The Global Labor Program extension shall maintain the single-implementer model used in the first program, though the Administrator may re-compete the award for that single implementer. The Administrator shall consult with the Assistant Secretary of State for Democracy, Human Rights, and Labor at the Department of State and the Deputy Under Secretary for International Affairs at the Department of Labor prior to making any changes to the scope, nature, or structure of the Global Labor Program. Any such changes shall be subject to the regular notification procedures of the appropriate congressional committees.</text></subsection> <subsection id="id7dec0d6f1e4043279dbc83f6cbfb96e4"><enum>(c)</enum><header>Use of funds</header><text>Of the amounts appropriated pursuant to subsections (a)(2) and (b)(1) of section 102, not less than $13,000,000 for each of fiscal years 2022 through 2028 shall be made available for the Global Labor Program. </text></subsection></section>
<section id="id679b62bdb8234b9d85ef607b9f12a5d0"><enum>104.</enum><header>Ambassador-at-Large for Global Labor Rights</header>
<subsection id="id976d94bc1fe5445590d858d7ebad3d27"><enum>(a)</enum><header>Ambassador-at-Large</header><text>There is established the position of United States Ambassador-at-Large for Global Labor Rights (referred to in this section as the <quote>Ambassador-at-Large</quote>). The Ambassador-at-Large shall replace the Special Representative for International Labor Affairs position described in section 515 of volume 1 of the Foreign Affairs Manual.</text></subsection> <subsection id="id99749a8811ac4f7096ff9491526dbc99"><enum>(b)</enum><header>Appointment</header><text>The Ambassador-at-Large shall be appointed by the President, by and with the advice and consent of the Senate.</text></subsection>
<subsection id="id06a0e941547b4ba9b55e9a871f4779cb"><enum>(c)</enum><header>Central objective</header><text>The central objective of the Ambassador-at-Large is to lead and coordinate the United States Government’s diplomatic engagement with foreign governments on the promotion and protection of internationally recognized labor rights, including the policies described in section 101, in coordination with other agencies and offices of the United States Government, including—</text> <paragraph id="id8bb515724c1a44e08c13c0a25a97528f"><enum>(1)</enum><text>other bureaus and offices of the Department of State, particularly the Bureau of Economic and Business Affairs;</text></paragraph>
<paragraph id="id6d773c86b36643c2ad78dbdc8113ac78"><enum>(2)</enum><text>the United States Agency for International Development;</text></paragraph> <paragraph id="id0f9dafb6c7c8427a892435e75a16c446"><enum>(3)</enum><text>the Department of Labor, particularly the Bureau of International Labor Affairs;</text></paragraph>
<paragraph id="id8edd0b07cfe046f18531820b1d101efb"><enum>(4)</enum><text>the United States Trade Representative; and</text></paragraph> <paragraph id="ide97f462313594a1fac03396f6608bb43"><enum>(5)</enum><text>U.S. Customs and Border Protection.</text></paragraph></subsection>
<subsection id="idfaddd2344c3d4a9a93c856d2d3195122"><enum>(d)</enum><header>Duties and responsibilities</header><text>The Ambassador-at-Large shall—</text> <paragraph id="id45038c10e6d141999c59b2778a772be4"><enum>(1)</enum><text>engage with foreign government officials, both in bilateral and multilateral contexts, to encourage them to promote and protect internationally recognized labor rights;</text></paragraph>
<paragraph id="idc5cea7a69f724e679089a6ce5b9b35af"><enum>(2)</enum><text>engage with multilateral organizations to promote and protect internationally recognized labor rights;</text></paragraph> <paragraph id="idff70a8a27a6a455784a937a6d8c89d5f"><enum>(3)</enum><text>engage with nongovernmental organizations to support their efforts to promote and protect internationally recognized labor rights;</text></paragraph>
<paragraph id="idadb655ba26884b9fa721d44ac635e79b"><enum>(4)</enum><text>participate in the formulation of United States policy regarding internationally recognized labor rights, including through leading and coordinating relevant meetings at the National Security Council and National Economic Council as appropriate;</text></paragraph> <paragraph id="ide9dc887dcfed45fba8ef4ab1a9cf68f2"><enum>(5)</enum><text>support United States ambassadors and United States embassy personnel, including those specifically covering labor issues, in their efforts to promote and protect internationally recognized labor rights; and</text></paragraph>
<paragraph id="id9a76f82462c841479ec9bb34f464b067"><enum>(6)</enum><text>consult on the development of United States Government programs and activities to promote and protect internationally recognized labor rights, including the programs and activities described in sections 102 and 103. </text></paragraph></subsection> <subsection id="id30f2c060bb1d49f7bdc27cee02b81df2"><enum>(e)</enum><header>Authorization of appropriations</header><text>There are authorized to be appropriated such sums as may be necessary for the hiring of three full-time employees to support the Ambassador-at-Large, for the conduct of investigations by the Ambassador-at-Large, and for necessary travel to carry out the provisions of this section. </text></subsection>
<subsection id="iddfc3e83e6ef94e89a89e4d86b872a1cf"><enum>(f)</enum><header>Report on activities</header><text>Not later than 180 days after the appointment of the Ambassador-at-Large, and annually thereafter, the Ambassador-at-Large shall submit to the appropriate congressional committees a report that details the activities that were undertaken in the preceding year under subsection (d). </text></subsection></section> <section commented="no" id="id2e166b2dbb4645e8b1599330473bd16d"><enum>105.</enum><header>Imposition of sanctions with respect to gross violations of the human rights of workers</header> <subsection commented="no" id="id095f16e606e444e28489bf98b37a9b31"><enum>(a)</enum><header>Global Magnitsky sanctions</header><text>The President shall use the authority provided under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of <external-xref legal-doc="public-law" parsable-cite="pl/114/328">Public Law 114–328</external-xref>; <external-xref legal-doc="usc" parsable-cite="usc/22/2656">22 U.S.C. 2656</external-xref> note) to impose sanctions with respect to foreign persons, including foreign government officials and business owners, directors, officers, or managing agents, and associates of such persons, that the President determines are responsible for gross violations of the human rights of workers.</text></subsection>
<subsection commented="no" display-inline="no-display-inline" id="id6cecf105ad844345a86c0cdc5d5d7f4a"><enum>(b)</enum><header>7031(<enum-in-header>c</enum-in-header>) sanctions</header><text>The Secretary of State shall use the authority provided under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of <external-xref legal-doc="public-law" parsable-cite="pl/116/6">Public Law 116–6</external-xref>; <external-xref legal-doc="usc" parsable-cite="usc/8/1182">8 U.S.C. 1182</external-xref> note) and other existing authorities to implement visa bans with respect to foreign government officials and their immediate family members that the Secretary of State determines are responsible for gross violations of the human rights of workers.</text></subsection></section> <section id="id769b0dc6261a47aba0ad3c554b89938d"><enum>106.</enum><header>Annual report on internationally recognized labor rights</header> <subsection id="id5c3c4159fe464e38826e3e06e9f8d566"><enum>(a)</enum><header>Report</header> <paragraph id="id574a4da753ef4eb58265cf4cb1613e53"><enum>(1)</enum><header>In general</header><text>The Secretary of State, in coordination with the Secretary of Labor and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an annual public report on the country-by-country status of internationally recognized labor rights in addition to the Country Reports on Human Rights Practices.</text></paragraph>
<paragraph id="id3bda847948b7403fa83bb96fa620a41d"><enum>(2)</enum><header>Countries covered</header><text>The report required under paragraph (1) shall include—</text> <subparagraph id="id7e9e4d52ab5c4d989de1ce4b2139f77c"><enum>(A)</enum><text>all countries that receive United States foreign assistance; and</text></subparagraph>
<subparagraph id="id36b2ab5272fb4ff292fa7d2b00548d36"><enum>(B)</enum><text>all countries in which the Secretary assesses that there are challenges to the implementation of internationally recognized labor rights.</text></subparagraph></paragraph> <paragraph id="id3b497feaaa464a90a8db872d96603137"><enum>(3)</enum><header>Elements</header><text>The report required by this section shall include the following elements:</text>
<subparagraph id="idd32e676c081646ada6305563b196c85a"><enum>(A)</enum><text>A description of the extent to which the labor laws of the country, broken down by their analogous characterization to the laws of the United States Government as administrative, civil, common, and criminal laws, protect all internationally recognized labor rights and of whether they apply to all workers or whether certain categories of workers are excluded from some protections.</text></subparagraph> <subparagraph id="ida6183aa36ad644a3aebd5afce66b90b9"><enum>(B)</enum><text>A description of efforts by the government of the country to bring laws up to international standards to protect internationally recognized labor rights.</text></subparagraph>
<subparagraph id="iddbaf26fc914a494badf5f8ca2103a361"><enum>(C)</enum><text>A description of the nature and extent of violations of internationally recognized labor rights in each country covered.</text></subparagraph> <subparagraph id="idca52103dd96d4e1f8d63fcc4b4f4f990"><enum>(D)</enum><text>A description of the roles vulnerable populations hold in the world of work, the share of the workforce they comprise, and the unequal treatment they face.</text></subparagraph>
<subparagraph id="idc300cf3e6b2647cfbdc95d6ea46bba2f"><enum>(E)</enum><text>For each country in which violations of internationally recognized labor rights are identified, an assessment of the efforts by the government of that country to prevent and respond to such violations, including the following elements:</text> <clause id="id56e4af130ca74be3ba2238cd4e531b63"><enum>(i)</enum><text>Whether government officials in that country participate in, facilitate, or condone such violations.</text></clause>
<clause id="id773fd3fcad1240e0ab7bc54547c453e8"><enum>(ii)</enum><text>What steps the government of that country has taken to prohibit government officials at the national or subnational officials from participating in, facilitating, benefitting from, or condoning such violations.</text></clause> <clause id="idea995e4730604589ba7b220771e56a45"><enum>(iii)</enum><text>What steps the government of that country has taken to assist victims of such violations, including efforts to protect them from further victimization, provision of services including physical and mental health care, provision of legal support and access to justice through civil proceedings as well as criminal, and grants of relief from deportation as appropriate.</text></clause>
<clause id="id8fc99f6d04d142c18c2626d749bbce0d"><enum>(iv)</enum><text>Which government authorities in that country are involved with preventing and identifying such violations and the capacity of those authorities, including numbers of personnel dedicated to activities such as labor inspections.</text></clause> <clause id="id2e2941168df04e2eaf83ab7c9afdeef4"><enum>(v)</enum><text>The effectiveness of the country’s administrative state, other civil authorities, law enforcement authorities, and judicial system in enforcing appropriate regulations and laws in response to such violations, including how many personnel are dedicated to addressing such violations, the frequency with which such violations are investigated and prosecuted, the durations and outcomes of such cases, and the transparency of outcomes.</text></clause></subparagraph>
<subparagraph id="id3e9c0e19fc2f4ea1b21a325c5cdb51ea"><enum>(F)</enum><text>An assessment of the extent to which labor unions, labor rights organizations, and other civil society actors that work on labor rights issues, and media that report on labor rights issues, have the space to operate and of the extent to which the government engages in dialogue with them.</text></subparagraph></paragraph> <paragraph id="idda976368b8724789b600360aa1a4dc7d"><enum>(4)</enum><header>Consultations</header><text>In preparing the report, United States diplomatic mission personnel shall consult with labor unions, labor rights organizations, human rights organizations, including women's rights groups, and other appropriate nongovernmental organizations. </text></paragraph></subsection>
<subsection id="id3445ce62bc8249f6a3632905ae548b54"><enum>(b)</enum><header>Embassy labor attaché</header>
<paragraph id="idF11CCD61242646449F987B12A75869E7"><enum>(1)</enum><header>In general</header><text>The Secretary of Labor, in coordination with the Secretary of State, shall create a senior attaché position to lead interagency coordination of the labor portfolio of the United States mission in each country consistently identified in the report required under subsection (a)(1) as having a poor performance record in the area of labor rights. </text></paragraph> <paragraph id="id783E617429AC4557905DE8DA2885615F"><enum>(2)</enum><header>Authorization of appropriations</header><text>There are authorized to be appropriated such sums as may be necessary to create the attaché positions for each country.</text></paragraph></subsection></section>
<section id="id05ce1bfb8a5f46fa83c0c53ec063f122"><enum>107.</enum><header>Comptroller General report on United States Government work on labor rights</header>
<subsection id="id88c5885d59d645f89a90abb289edb841"><enum>(a)</enum><header>Assessment</header><text>The Comptroller General of the United States shall submit to the appropriate congressional committees an assessment of the work of the United States Government on labor rights around the world.</text></subsection> <subsection id="idbefd48c2eb4f4b62b92548649641be6f"><enum>(b)</enum><header>Elements</header><text>The assessment required under subsection (a) shall include a description of what is known about the following:</text>
<paragraph id="id46700b07a550417b898e85c6ad59b3e6"><enum>(1)</enum><text>The extent to which each of the internationally recognized labor rights has been included in United States Government foreign policy and programming.</text></paragraph> <paragraph id="idb775a7171eca46858f2bf3b0c3a21d7f"><enum>(2)</enum><text>Any labor rights not included within the definition of internationally recognized labor rights that have been included in United States Government foreign policy and programming.</text></paragraph>
<paragraph id="id6bf13e7324e94b09a2d4de2a6b4f9292"><enum>(3)</enum><text>What resources, including funding and personnel, the United States Government has dedicated to the promotion and protection of internationally recognized labor rights, and the extent to which those resources have been dedicated to vulnerable populations around the world.</text></paragraph> <paragraph id="id3fc570fff36e462a9f3f1d28ea19a9db"><enum>(4)</enum><text>A description of the types of programming the United States Government has implemented to promote and protect internationally recognized labor rights in the past 6 years around the world.</text></paragraph>
<paragraph id="id7b4f92a42abf4cdd82dc030b800275c5"><enum>(5)</enum><text>The extent to which the United States Government programs described in paragraph (4) achieved their intended goals. </text></paragraph> <paragraph id="id29dc4a9146d44b0cb8e32e4f7415a521"><enum>(6)</enum><text>Specific internationally recognized labor rights or countries for which the resources dedicated to date have been insufficient to meet the goals of the United States.</text></paragraph>
<paragraph id="id762a193530b84f3784f54d0bb1013c95"><enum>(7)</enum><text>The mechanisms for interagency coordination on internationally recognized labor rights, the efficacy of said mechanisms, and recommendations for improvements. </text></paragraph></subsection></section> <enum>II</enum><header>Labor rights in Bangladesh</header> <section id="id1ca5c5dd72a1429f90fdb47bdd1ef102"><enum>201.</enum><header>Findings</header><text display-inline="no-display-inline">Congress makes the following findings:</text>
<paragraph id="id113d83e627bb4afc9204b5004c72cdfc"><enum>(1)</enum><text>In June 2013, two months after the April 2013 Rana Plaza garment factory disaster that claimed the lives of over one thousand ready-made garment (RMG) factory workers, the United States suspended the participation of Bangladesh in the Generalized System of Preferences (GSP) program due to the failure of the Government of Bangladesh to recognize the labor rights of RMG workers.</text></paragraph> <paragraph id="idd943e6c46914495d8af26efcd6e3037f"><enum>(2)</enum><text>In the March 2020 report <quote>Seven Years After Rana Plaza, Significant Challenges Remain</quote> (in this section referred to as the <quote>Report</quote>), the minority staff of the Committee on Foreign Relations of the Senate (in this section referred to as the <quote>Committee</quote>) found that, 7 years after the Rana Plaza garment factory disaster, improvements have been made to the structural safety of many factories in Bangladesh, but labor rights have declined precipitously. </text></paragraph>
<paragraph id="id22d0ad40cf9d4296a4dc304637e8b3de"><enum>(3)</enum><text>The Report highlighted the increasing abuse of workers, particularly union leaders and organizers, in ready-made garment factories in Bangladesh and the lack of accountability for the perpetrators.</text></paragraph> <paragraph id="id3da353d3d3b24529997819be1871a2c3"><enum>(4)</enum><text>The Report emphasized that workers who identify as women or girls face disproportionate levels of abuse, and this gender-based violence and harassment is a violation of the ILO Violence and Harassment Convention, 2019 ILO (No. 190). </text></paragraph>
<paragraph id="id5f4042f31e81479fb9d714f840e7d547"><enum>(5)</enum><text>The Report detailed the deteriorating environment for union organizers and activists in Bangladesh, including violence and repression during worker protests over the minimum wage in December 2018 and January 2019 as well as lack of enforcement of Bangladesh law on unfair labor practices. </text></paragraph> <paragraph id="iddbab21f1306f4eaea7d62b6e41b760af"><enum>(6)</enum><text>In the Report, the Committee found that the Department of Labor, the Bureau of Democracy, Human Rights, and Labor of the Department of State, and the United States Agency for International Development expended only $23,200,000 on labor rights programs in Bangladesh between 2011 and the release of the Report.</text></paragraph></section>
<section id="ide0b39d1440954f2899a3695a6f8e577b"><enum>202.</enum><header>Statement of policy</header><text display-inline="no-display-inline">It is the policy of the United States to—</text> <paragraph id="id1035bcd514374ad49adb8de510b88dcc"><enum>(1)</enum><text>protect and promote internationally recognized labor rights in Bangladesh;</text></paragraph>
<paragraph id="idb91c384337934e9cbed41d3819191a53"><enum>(2)</enum><text>support, in its capacity as a member of the ILO’s Governing Body of the International Labour Office, the proposal to establish an ILO Commission of Inquiry on Bangladesh in response to violations of the ILO Convention on the Freedom of Association and Protection of the Right to Organise, the ILO Convention on the Right to Organise and Collective Bargaining, and the ILO Labor Inspection Convention; and</text></paragraph> <paragraph id="id2f9b5ef1d4894f52ace5d666e8649339"><enum>(3)</enum><text>urge other members of the ILO governing body to support the establishment of an ILO Commission of Inquiry on Bangladesh.</text></paragraph></section>
<section id="id6d9b39d9a7054163a529c701ff701e1c"><enum>203.</enum><header>Updated labor rights and worker safety commitments for Bangladesh</header><text display-inline="no-display-inline"> The President shall work with the Government of Bangladesh to update the previous commitments by the Government of Bangladesh regarding labor rights and worker safety to reflect the new and ongoing challenges to internationally recognized labor rights in Bangladesh. </text></section> <section id="id14203d5b60b14f2bac5e3b01e672ddb4"><enum>204.</enum><header>Authorization of appropriations</header><text display-inline="no-display-inline"> Of the amount authorized to be appropriated under section 102(a), not less than $3,000,000 is authorized to be appropriated for programming that supports labor unions in order to promote labor rights in Bangladesh for each of fiscal years 2022 through 2028. </text></section>
<section id="id6bcd617bc797489fa03e445c0c921bb9"><enum>205.</enum><header>Embassy Dhaka labor attaché</header><text display-inline="no-display-inline"> Not later than 120 days after the date of the enactment of this Act, the Secretary of Labor, in coordination with the Secretary of State, shall deploy a senior attaché or envoy to lead interagency coordination of the labor portfolio at the United States Embassy in Dhaka. </text></section>