[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4007 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4007

 To amend the Trade Act of 1974 to modify the eligibility requirements 
    for the Generalized System of Preferences to strengthen worker 
protections and to ensure that beneficiary developing countries afford 
 equal rights and protection under the law, regardless of gender, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2020

 Mr. Casey (for himself and Ms. Cortez Masto) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend the Trade Act of 1974 to modify the eligibility requirements 
    for the Generalized System of Preferences to strengthen worker 
protections and to ensure that beneficiary developing countries afford 
 equal rights and protection under the law, regardless of gender, 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. SHORT TITLE.

    This Act may be cited as the ``Women's Economic Empowerment in 
Trade Act of 2020''.

SEC. 2. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR GENERALIZED SYSTEM 
              OF PREFERENCES.

    (a) In General.--Section 502 of the Trade Act of 1974 (19 U.S.C. 
2462) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (G), by striking ``has not 
                taken or is not taking steps to'' and inserting ``does 
                not substantially'';
                    (B) by inserting after subparagraph (H) the 
                following:
                    ``(I) Such country does not substantially afford 
                equal rights and protection under the law, regardless 
                of gender, in the country (including in any designated 
                zone in that country).
                    ``(J) Such country engages in gross violations of 
                internationally recognized human rights in that country 
                (including any designated zone in that country).''; and
                    (C) in the flush text, 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)), and (I)''; and
            (2) in subsection (c)--
                    (A) in paragraph (6)(B), by striking ``; and'' and 
                inserting a semicolon; and
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7) the extent to which such country affords to workers 
        in that country (including any designated zone in that country) 
        internationally recognized worker rights; and
            ``(8) the extent to which such country affords equal rights 
        and protection under the law, regardless of gender, in that 
        country (including any designated zone in that country).''.
    (b) Collection and Dissemination of Information on Eligibility 
Criteria.--Section 502 of the Trade Act of 1974 (19 U.S.C. 2462) is 
amended by adding at the end the following:
    ``(g) Collection and Dissemination of Information on Eligibility 
Criteria.--The President shall--
            ``(1) collect, from the United States embassy in each 
        country designated as a beneficiary developing country for 
        purposes of this title, information on the extent to which the 
        country meets the eligibility criteria described in 
        subparagraphs (G), (H), and (I) of subsection (b)(2); and
            ``(2) publish on a publicly accessible internet website of 
        the Office of the United States Trade Representative--
                    ``(A) the information collected under paragraph 
                (1); and
                    ``(B) information on the process for filing a 
                petition for the review of the eligibility of a country 
                for designation as a beneficiary developing country.
    ``(h) Publication of Determinations Relating to Petitions for 
Review.--The United States Trade Representative shall publish in the 
Federal Register a notice of, and the rationale for, any determination 
of the Trade Representative with respect to a petition for review of 
the eligibility of a country for designation as a beneficiary 
developing country, including a determination--
            ``(1) to accept or deny such a petition;
            ``(2) to continue to review the eligibility of the country; 
        or
            ``(3) to withdraw, suspend, or limit the application of 
        duty-free treatment under this title with respect to the 
        country.''.
    (c) Definitions.--Section 507 of the Trade Act of 1974 (19 U.S.C. 
2467) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) the elimination of all forms of 
                discrimination with respect to occupation and 
                employment; and
                    ``(G) the elimination of all forms of violence and 
                harassment in the world of work, including gender-based 
                violence and harassment.''; and
            (2) by adding at the end the following:
            ``(7) Equal rights and protection under the law.--The term 
        `equal rights and protection under the law' refers to measures 
        that provide the same rights, privileges, and protections to 
        all citizens, including legal protections to ensure equal 
        access and protections on the basis of gender regardless of 
        marital status, including with respect to--
                    ``(A) all internationally recognized worker rights;
                    ``(B) mobility, including obtaining identification 
                that allows for mobility;
                    ``(C) employment conditions, including 
                opportunities, remuneration including benefits and 
                equal treatment and pay in respect of work of equal 
                value and protections from dismissal and other adverse 
                employment actions on the grounds of pregnancy;
                    ``(D) access to financial services, including bank 
                accounts, loans, mortgages, and credit;
                    ``(E) assets, including property and inheritance 
                rights;
                    ``(F) access to education;
                    ``(G) access to public institutions, including 
                courts;
                    ``(H) protections from violence and harassment, 
                including gender-based violence and harassment;
                    ``(I) marriage, divorce, and child custody; and
                    ``(J) participation in all levels of government and 
                nongovernmental organizations and associations 
                concerned with the public and political life of the 
                country.''.

SEC. 3. SUPPLEMENTAL REVIEW AND REPORTING.

    (a) 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.
    (b) Review of Compliance.--
            (1) 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 COMPLIANCE RELATING TO INTERNATIONALLY 
              RECOGNIZED WORKER RIGHTS AND EQUAL RIGHTS AND PROTECTION 
              UNDER THE LAW.

    ``(a) In General.--Not less frequently than annually, 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 related to the compliance of the country with 
        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 counties and the extent to which the country continues to 
        meet the eligibility criteria described in subparagraphs (G), 
        (H), and (I) of section 502(b)(2); 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) Failure To Comply.--If, in the report required by subsection 
(a) for 5 consecutive years, the Trade Representative and the Deputy 
Undersecretary, in consultation with the policy advisory committee on 
labor established under section 135(c)(1), determine that the laws of 
and legal rights and protections afforded in a beneficiary developing 
country fail to meet the eligibility criteria described in 
subparagraphs (G), (H), and (I) of section 502(b)(2), the benefits 
provided to that country under this title shall be reduced by such 
amount and in such manner as the Trade Representative considers 
appropriate.
    ``(d) Metrics.--The Trade Representative and the Deputy 
Undersecretary shall establish metrics for the conduct of reviews and 
assessments under subsection (a).
    ``(e) 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.''.
            (2) 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 compliance relating to internationally 
                            recognized worker rights and equal rights 
                            and protection under the law.''.
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