[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8884 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8884

  To amend the Trade Act of 1974 to modify and extend the Generalized 
             System of Preferences, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2020

  Mr. Blumenauer (for himself, Ms. Sewell of Alabama, and Ms. Moore) 
 introduced the following bill; which was referred to the Committee on 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Trade Act of 1974 to modify and extend the Generalized 
             System of Preferences, and for other purposes.

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

SECTION 1. MODIFICATION AND EXTENSION OF GENERALIZED SYSTEM OF 
              PREFERENCES.

    (a) Designation of Beneficiary Developing Countries.--Section 502 
of the Trade Act of 1974 (19 U.S.C. 2462) is amended--
            (1) in subsection (b)(2)--
                    (A) by inserting after subparagraph (H) the 
                following:
                    ``(I) Such country engages in gross violations of 
                internationally recognized human rights in that country 
                (including any designated zone in that country).
                    ``(J) Such country has failed to effectively 
                enforce its environmental laws, regulations, or other 
                measures, or to fulfill its international environmental 
                obligations, including as such obligations relate to 
                public health.''; and
                    (B) in the text following subparagraph (J) (as so 
                inserted), by striking ``and (H) (to the extent 
                described in section 507(6)(D))'' and inserting ``(H) 
                (to the extent described in section 507(6)(D)), (I), 
                and (J)'';
            (2) in subsection (c)--
                    (A) in paragraph (6)(B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(8) the extent to which such country effectively enforces 
        its environmental laws, regulations, and other measures, and 
        fulfills its international environmental obligations, including 
        as such obligations relate to public health; and
            ``(9) the extent to which such country has established, or 
        is making continual progress toward establishing--
                    ``(A) the rule of law, political pluralism, and the 
                right to due process, a fair trial, and equal 
                protection under the law;
                    ``(B) economic policies to reduce poverty, increase 
                the availability of health care and educational 
                opportunities, expand physical infrastructure, promote 
                the development of private enterprise, and encourage 
                the formation of capital markets through micro-credit 
                or other programs; and
                    ``(C) a system to combat corruption and bribery, 
                such as signing and implementing the Convention on 
                Combating Bribery of Foreign Public Officials in 
                International Business Transactions.''; and
            (3) by adding at the end the following:
    ``(g) Assessment and Report on Compliance With Eligibility 
Requirements.--
            ``(1) In general.--The President shall--
                    ``(A) on an annual basis--
                            ``(i) conduct assessments on compliance of 
                        an appropriate number of countries designated 
                        as beneficiary developing countries for 
                        purposes of this title in meeting or continuing 
                        to meet their eligibility requirements under 
                        this title; and
                            ``(ii) make determinations whether to self-
                        initiate full country practice reviews of those 
                        countries' continued eligibility under this 
                        title; and
                    ``(B) submit to Congress a report consisting of the 
                results of such assessments and determinations.
            ``(2) Frequency.--The President shall conduct an assessment 
        described in clause (i) of paragraph (1)(A) and make a 
        determination described in clause (ii) of such paragraph with 
        respect to each country designated as a beneficiary developing 
        country for purposes of this title not less frequently than 
        once every 3 years.''.
    (b) Supplemental Review and Reporting.--
            (1) Policy of the united states.--It is the policy of the 
        United States to support gender equality and worker rights by 
        promoting legal reforms that address legal, structural, and 
        social barriers that constrain the full and free economic 
        participation of all workers in the global economy.
            (2) Review of laws.--
                    (A) In general.--Title V of the Trade Act of 1974 
                (19 U.S.C. 2461 et seq.) is amended by inserting after 
                section 504 the following:

``SEC. 504A. REVIEW OF LAWS RELATING TO INTERNATIONALLY RECOGNIZED 
              WORKER RIGHTS AND EQUAL RIGHTS AND PROTECTION UNDER THE 
              LAW.

    ``(a) In General.--Not later than May 1, 2021, and annually 
thereafter, the United States Trade Representative and the Deputy 
Undersecretary of Labor for International Affairs, in consultation with 
the policy advisory committee on labor established under section 
135(c)(1), shall jointly--
            ``(1) review the laws of each beneficiary developing 
        country relating to internationally recognized worker rights 
        and the affording of equal rights and protection under the law, 
        regardless of gender, in each of the categories described in 
        subsection (b);
            ``(2) assess the legal rights and protections afforded in 
        such countries; and
            ``(3) submit to Congress a report on the laws of and legal 
        rights and protections afforded in such countries.
    ``(b) Categories Described.--The categories described in this 
subsection are the following:
            ``(1) Internationally recognized worker rights.
            ``(2) Mobility.
            ``(3) Employment conditions, benefits and pay, including 
        equal pay for equal work and removal of employment 
        restrictions.
            ``(4) Entrepreneurship.
            ``(5) Assets, including property and inheritance rights.
            ``(6) Equal access to education.
            ``(7) Access to institutions.
            ``(8) Protections from violence and harassment, including 
        gender-based violence and harassment.
            ``(9) Marriage, divorce, and child custody.
    ``(c) Methodology and Sources.--The report required by subsection 
(a)(3) shall include--
            ``(1) an explanation of the methodology and sources used 
        for the conduct of reviews under subsection (a)(1) and the 
        conduct of assessments under subsection (a)(2); and
            ``(2) where relevant, citations to data, information, 
        studies, and assessments that were used to prepare the report 
        and were gathered, compiled, or developed by the United States 
        Government, foreign governments, multilateral institutions, 
        nongovernmental organizations, or educational institutions.
    ``(d) Measurement of Women's Economic Empowerment.--To support the 
measurement of women's economic empowerment, the Trade Representative 
shall encourage and support the reporting by beneficiary developing 
countries of sex-disaggregated economic and business data, including 
the gathering of information consistent with the United Nations 
Sustainable Development Goals, particularly the goals relating to 
gender equality and decent work.''.
                    (B) Clerical amendment.--The table of contents for 
                the Trade Act of 1974 is amended by inserting after the 
                item relating to section 504 the following:

``Sec. 504A. Review of laws relating to internationally recognized 
                            worker rights and equal rights and 
                            protection under the law.''.
    (c) Extension of Generalized System of Preferences.--Section 505 of 
the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking 
``December 31, 2020'' and inserting ``June 30, 2021''.

SEC. 2. UNITED STATES INTERNATIONAL TRADE COMMISSION STUDY.

    Not later than May 1, 2021, the United States International Trade 
Commission shall submit to Congress a report that contains a study on 
rules of origin and the utilization rates under the Generalized System 
of Preferences program under title V of the Trade Act of 1974 (19 
U.S.C. 2461 et seq.), including an assessment of--
            (1) the utilization rates of least-developed beneficiary 
        developing countries under the program; and
            (2) the effectiveness of the program's rules of origin in 
        promoting trade benefits to least-developed beneficiary 
        developing countries under the program and preventing the 
        transshipment of products from countries that are not 
        beneficiary developing countries under the program.
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