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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5123 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5123
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
September 19, 2024
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 2024''.
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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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