Labor, Human, and Civil Rights Trade Policy Act
This bill requires trade agreement implementing bills to (1) adhere to certain labor standards; and (2) ensure that parties demonstrate respect for internationally recognized human rights, as indicated through assessments over a period of at least 10 years.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2996
To amend the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 with respect to the protection of human
rights and labor standards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2019
Mr. Lewis (for himself, Mr. Pascrell, Mr. Higgins of New York, Mr.
McGovern, Mr. Hastings, Ms. Norton, Mr. Rush, Ms. Omar, Mr. Cohen, Ms.
Kaptur, Mr. Levin of Michigan, Mr. Lowenthal, Ms. Schakowsky, and Mr.
Suozzi) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Rules,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 with respect to the protection of human
rights and labor standards, 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 ``Labor, Human, and Civil Rights Trade
Policy Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has played a leading role in
developing global human rights standards since the inception of
the country.
(2) The first 10 amendments to the Constitution are among
the guiding principles that helped develop the Universal
Declaration of Human Rights.
(3) First Lady Eleanor Roosevelt led the United States
delegation and the United Nations in drafting the Universal
Declaration of Human Rights.
(4) December 10, 2018, marked the 70th anniversary of the
adoption of the Universal Declaration of Human Rights.
(5) The General Assembly of the United Nations adopted the
International Covenant on Economic, Social and Cultural Rights
and the International Covenant on Civil and Political Rights in
1966.
(6) The United Kingdom implemented the Slave Trade Act of
1807, setting a global precedent towards the eventual
abolishment of slavery in the Americas that the United States
eventually followed.
(7) The world celebrated the 212th anniversary of the
abolition of the transatlantic slave trade on May 1, 2019.
(8) On January 1, 2019, the United States recognized the
156th anniversary of the Emancipation Proclamation.
(9) The United States has continuously enacted legislation
and ratified amendments to the Constitution to improve the
protections of the rights of all persons in the United States,
including--
(A) the 13th Amendment to the Constitution,
ratified in 1865;
(B) the Civil Rights Act of 1866 (14 Stat. 27);
(C) the 14th Amendment to the Constitution,
ratified in 1868;
(D) the 19th Amendment to the Constitution,
ratified in 1920;
(E) the Social Security Act of 1935 (42 U.S.C. 301
et seq.);
(F) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.);
(G) the Housing Act of 1949 (63 Stat. 413);
(H) the Equal Pay Act of 1963 (Public Law 88-38; 77
Stat. 56);
(I) the Civil Rights Act of 1964 (Public Law 88-
352; 78 Stat. 241);
(J) the Voting Rights Act of 1965 (Public Law 89-
110; 79 Stat. 437);
(K) the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.);
(L) the Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.);
(M) the McKinney-Vento Homeless Assistance Act of
1987 (42 U.S.C. 11301 et seq.);
(N) the Civil Rights Restoration Act of 1988
(Public Law 100-259; 102 Stat. 28);
(O) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(P) the Civil Rights Act of 1991 (Public Law 102-
166; 105 Stat. 1071);
(Q) the Fannie Lou Hamer, Rosa Parks, Coretta Scott
King, Cesar E. Chavez, Barbara C. Jordan, William C.
Velasquez, and Dr. Hector P. Garcia Voting Rights Act
Reauthorization and Amendments Act of 2006 (Public Law
109-246; 120 Stat. 577); and
(R) the Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act of 2009 (Public Law 111-84; 123
Stat. 2835).
(10) Labor, human, and civil rights standards and
protections require constant review and attention.
(11) The Millennium Development Goals of the United Nations
set forth a 15-year plan to combat poverty, hunger, disease,
illiteracy, environmental degradation, and discrimination.
(12) The 43rd General Assembly of the Organization of
American States adopted the Inter-American Convention against
Racism, Racial Discrimination and Related Forms of Intolerance
on June 5, 2013.
(13) The Global Slavery Index estimates that as many as
45,800,000 people around the world were in some form of modern
slavery in 2016.
(14) The United States supported the adoption of the
Universal Declaration of Human Rights in the United Nations
General Assembly and has ratified significant international
human rights treaties, including the International Convention
on the Elimination of Racism and Discrimination (November 20,
1994), the International Convention on the Prevention and
Punishment of the Crime of Genocide (February 23, 1989), the
International Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (November 20,
1994), and the International Covenant on Civil and Political
Rights (September 8, 1992).
(15) The United States has ratified two of the eight
fundamental conventions outlined by the International Labor
Organization, including the Convention (ILO 105) concerning the
abolition of forced labor (September 25, 1992) and the
Convention (ILO 182) concerning the prohibition and immediate
action for the elimination of the worst forms of child labor
(December 2, 2000).
(16) The United States has also ratified the Optional
Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography
(January 23, 2003) and the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in
Armed Conflicts (January 23, 2003).
(17) The United States signed the Convention on the Rights
of Persons with Disabilities on July 30, 2009.
(18) The United States is expected to be a regional and
global leader in the international civil and human rights
movement, including by fighting discrimination, xenophobia,
human, labor, and civil rights abuses as a part of both
domestic and foreign policy.
(19) Throughout United States history, Congress has
addressed, debated, and advanced the protection of human rights
through legislation relating to taxes and international trade.
(20) On May 10, 2007, President George W. Bush negotiated
an agreement with the leadership of the 110th Congress, which
intended to strengthen labor, environmental, intellectual
property, access to medicines, health, investment, government
procurement, and port security standards in United States trade
agreements.
(21) This bipartisan deal, referred to as the ``May 10th
Agreement'', made significant progress in recognizing that
human, labor, and civil rights must be an integral component of
United States trade policy.
(22) United States trade policy cannot be static in a
changing global economy, and it is critical that United States
trade policy proactively advance domestic and global efforts to
improve human, civil, and labor rights and conditions.
(23) The trade negotiating objectives of the United States
should also address current, emerging, and future attempts to
undermine or fail to enhance the living, labor, civil, and
human rights standards of the United States or its trading
partners.
SEC. 3. STRENGTHENING TRADE, LABOR, AND HUMAN RIGHTS.
The Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (19 U.S.C. 4201 et seq.) is amended as follows:
(1) In section 103(b)(3)--
(A) in subparagraph (B)(ii), by striking
``strictly''; and
(B) by adding at the end the following:
``(C) For purposes of subparagraph (B)(ii), a
provision may be necessary or appropriate, with respect
to a trade agreement, if the provision addresses issues
relating to a party to the agreement, such as human
rights.
``(D) Notwithstanding subparagraph (A), the
provisions of section 151 of the Trade Act of 1974
shall only apply to an implementing bill submitted for
an agreement that--
``(i) achieves the principle negotiating
objectives with respect to labor described in
section 102(b)(10);
``(ii) explicitly provides that, with
respect to any country that is a party to the
agreement--
``(I) any union in such country
shall not be required to affiliate with
any confederation and shall be free to
form and affiliate with any vertical or
horizontal workers organization,
including any confederation, sector-
wide, or industry-wide union of its own
choosing;
``(II) workers in such country
shall have the right to freely form and
join an autonomous and independent
union of their choosing;
``(III) any union in such country
engaged in collective bargaining with
an employer shall be required to
demonstrate majority support of that
employer's workers, on behalf of whom
it is negotiating, prior to
registration of any collective
bargaining agreement;
``(IV) for purposes of the labor
obligations in the agreement relating
to procedural guarantees for labor law
enforcement, any administrative, quasi-
judicial, judicial, or labor tribunals
or boards composed of members with
direct or indirect interest in matters
before them shall not be considered
impartial and independent;
``(V) for purposes of evaluating
any measures taken by a country to
substantially reform its laws or
institutions to comply with the core
labor standards of the trade agreement,
an independent panel of experts must
regularly examine and publicly report
on the implementation of such reforms,
provide recommendations, and identify
concerns relating to the compliance of
such country with its labor obligations
under the agreement, based on input
from the parties to the trade
agreement, interested stakeholders, and
any other relevant information and
reporting; and
``(VI) if such independent panel
determines that such country is not in
compliance with its obligations, the
determination shall be treated as an
initial report of an arbitration panel
under the trade agreement, and the
matter shall be addressed in accordance
with the normal procedures laid out for
such cases, including through an
agreement to eliminate the
nonconformity in the first instance or,
as a last resort, to suspend benefits
under the trade agreement; and
``(iii) implements a trade agreement
between parties that consistently demonstrates
respect for internationally recognized human
rights, as indicated through assessments such
as the annual Country Reports on Human Rights
Practices or the Trafficking in Persons Report,
over a period of at least ten years.''.
(2) In section 111--
(A) by amending paragraph (7)(E) to read as
follows:
``(E) the elimination of discrimination, including
discrimination on the basis of race, color, sex, sexual
orientation, gender identity, religion, political
opinion, national extraction, social origin, age,
disability, HIV/AIDS status, engagement in organizing
activities, or union membership, with respect to
employment and occupation.'';
(B) by redesignating paragraphs (18) through (23)
as paragraphs (19) through (24), respectively; and
(C) by inserting after paragraph (17) the
following:
``(18) Internationally recognized human rights.--The term
`internationally recognized human rights' means the rights
stated in the following:
``(A) The Universal Declaration of Human Rights.
``(B) The International Covenant on Economic,
Social and Cultural Rights.
``(C) The Convention on the Elimination of All
Forms of Discrimination Against Women and its Optional
Protocol.
``(D) The Convention on the Rights of the Child.
``(E) The Convention on the Rights of Persons with
Disabilities and its Optional Protocol.
``(F) The Convention for the Protection of All
Persons from Enforced Disappearance.
``(G) The First Optional Protocol to the Covenant
on Civil and Political Rights.
``(H) The Optional Protocol to the Convention
Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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