II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women’s Economic 

5 Empowerment in Trade Act of 2020’’. 


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1 SEC. 2. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

2 FOR GENERALIZED SYSTEM OF PREF3 ERENCES. 

4 (a) IN GENERAL.—Section 502 of the Trade Act of 

5 1974 (19 U.S.C. 2462) is amended— 

6 (1) in subsection (b)(2)— 

7 (A) in subparagraph (G), by striking ‘‘has 

8 not taken or is not taking steps to’’ and insert9 ing ‘‘does not substantially’’; 

10 (B) by inserting after subparagraph (H) 

11 the following: 

12 ‘‘(I) Such country does not substantially 

13 afford equal rights and protection under the 

14 law, regardless of gender, in the country (in15 cluding in any designated zone in that country). 

16 ‘‘(J) Such country engages in gross viola17 tions of internationally recognized human rights 

18 in that country (including any designated zone 

19 in that country).’’; and 

20 (C) in the flush text, by striking ‘‘and (H) 

21 (to the extent described in section 507(6)(D))’’ 

22 and inserting ‘‘(H) (to the extent described in 

23 section 507(6)(D)), and (I)’’; and 

24 (2) in subsection (c)— 

25 (A) in paragraph (6)(B), by striking ‘‘; 

26 and’’ and inserting a semicolon; and 


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1 (B) by striking paragraph (7) and insert2 ing the following: 

3 ‘‘(7) the extent to which such country affords to 

4 workers in that country (including any designated 

5 zone in that country) internationally recognized 

6 worker rights; and 

7 ‘‘(8) the extent to which such country affords 

8 equal rights and protection under the law, regardless 

9 of gender, in that country (including any designated 

10 zone in that country).’’. 

11 (b) COLLECTION AND DISSEMINATION OF INFORMA12 TION ON ELIGIBILITY CRITERIA.—Section 502 of the 

13 Trade Act of 1974 (19 U.S.C. 2462) is amended by add14 ing at the end the following: 

15 ‘‘(g) COLLECTION AND DISSEMINATION OF INFORMA16 TION ON ELIGIBILITY CRITERIA.—The President shall— 

17 ‘‘(1) collect, from the United States embassy in 

18 each country designated as a beneficiary developing 

19 country for purposes of this title, information on the 

20 extent to which the country meets the eligibility cri21 teria described in subparagraphs (G), (H), and (I) 

22 of subsection (b)(2); and 

23 ‘‘(2) publish on a publicly accessible internet 

24 website of the Office of the United States Trade 

25 Representative— 


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1 ‘‘(A) the information collected under para2 graph (1); and 

3 ‘‘(B) information on the process for filing 

4 a petition for the review of the eligibility of a 

5 country for designation as a beneficiary devel6 oping country. 

7 ‘‘(h) PUBLICATION OF DETERMINATIONS RELATING

8 TO PETITIONS FOR REVIEW.—The United States Trade 

9 Representative shall publish in the Federal Register a no10 tice of, and the rationale for, any determination of the 

11 Trade Representative with respect to a petition for review 

12 of the eligibility of a country for designation as a bene13 ficiary developing country, including a determination— 

14 ‘‘(1) to accept or deny such a petition; 

15 ‘‘(2) to continue to review the eligibility of the 

16 country; or 

17 ‘‘(3) to withdraw, suspend, or limit the applica18 tion of duty-free treatment under this title with re19 spect to the country.’’. 

20 (c) DEFINITIONS.—Section 507 of the Trade Act of 

21 1974 (19 U.S.C. 2467) is amended— 

22 (1) in paragraph (4)— 

23 (A) in subparagraph (D), by striking ‘‘; 

24 and’’ and inserting a semicolon; 


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1 (B) in subparagraph (E), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(F) the elimination of all forms of dis5 crimination with respect to occupation and em6 ployment; and 

7 ‘‘(G) the elimination of all forms of vio8 lence and harassment in the world of work, in9 cluding gender-based violence and harass10 ment.’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(7) EQUAL RIGHTS AND PROTECTION UNDER

13 THE LAW.—The term ‘equal rights and protection 

14 under the law’ refers to measures that provide the 

15 same rights, privileges, and protections to all citi16 zens, including legal protections to ensure equal ac17 cess and protections on the basis of gender regard18 less of marital status, including with respect to— 

19 ‘‘(A) all internationally recognized worker 

20 rights; 

21 ‘‘(B) mobility, including obtaining identi22 fication that allows for mobility; 

23 ‘‘(C) employment conditions, including op24 portunities, remuneration including benefits and 

25 equal treatment and pay in respect of work of 


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1 equal value and protections from dismissal and 

2 other adverse employment actions on the 

3 grounds of pregnancy; 

4 ‘‘(D) access to financial services, including 

5 bank accounts, loans, mortgages, and credit; 

6 ‘‘(E) assets, including property and inher7 itance rights; 

8 ‘‘(F) access to education; 

9 ‘‘(G) access to public institutions, including 

10 courts; 

11 ‘‘(H) protections from violence and harass12 ment, including gender-based violence and har13 assment; 

14 ‘‘(I) marriage, divorce, and child custody; 

15 and 

16 ‘‘(J) participation in all levels of govern17 ment and nongovernmental organizations and 

18 associations concerned with the public and po19 litical life of the country.’’. 

20 SEC. 3. SUPPLEMENTAL REVIEW AND REPORTING. 

21 (a) POLICY OF THE UNITED STATES.—It is the pol22 icy of the United States to support gender equality and 

23 worker rights by promoting legal reforms that address 

24 legal, structural, and social barriers that constrain the full 


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1 and free economic participation of all workers in the global 

2 economy. 

3 (b) REVIEW OF COMPLIANCE.— 

4 (1) IN GENERAL.—Title V of the Trade Act of 

5 1974 (19 U.S.C. 2461 et seq.) is amended by insert6 ing after section 504 the following: 

7 ‘‘SEC. 504A. REVIEW OF COMPLIANCE RELATING TO INTER8 NATIONALLY RECOGNIZED WORKER RIGHTS 

9 AND EQUAL RIGHTS AND PROTECTION 

10 UNDER THE LAW. 

11 ‘‘(a) IN GENERAL.—Not less frequently than annu12 ally, the United States Trade Representative and the Dep13 uty Undersecretary of Labor for International Affairs, in 

14 consultation with the policy advisory committee on labor 

15 established under section 135(c)(1), shall jointly— 

16 ‘‘(1) review the laws of each beneficiary devel17 oping country related to the compliance of the coun18 try with internationally recognized worker rights and 

19 the affording of equal rights and protection under 

20 the law, regardless of gender, in each of the cat21 egories described in subsection (b); 

22 ‘‘(2) assess the legal rights and protections af23 forded in such counties and the extent to which the 

24 country continues to meet the eligibility criteria deVerDate Sep 11 2014 22:16 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4007.IS S4007

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1 scribed in subparagraphs (G), (H), and (I) of section 

2 502(b)(2); and 

3 ‘‘(3) submit to Congress a report on the laws 

4 of and legal rights and protections afforded in such 

5 countries. 

6 ‘‘(b) CATEGORIES DESCRIBED.—The categories de7 scribed in this subsection are the following: 

8 ‘‘(1) Internationally recognized worker rights. 

9 ‘‘(2) Mobility. 

10 ‘‘(3) Employment conditions, benefits and pay, 

11 including equal pay for equal work and removal of 

12 employment restrictions. 

13 ‘‘(4) Entrepreneurship. 

14 ‘‘(5) Assets, including property and inheritance 

15 rights. 

16 ‘‘(6) Equal access to education. 

17 ‘‘(7) Access to institutions. 

18 ‘‘(8) Protections from violence and harassment, 

19 including gender-based violence and harassment. 

20 ‘‘(9) Marriage, divorce, and child custody. 

21 ‘‘(c) FAILURE TO COMPLY.—If, in the report re22 quired by subsection (a) for 5 consecutive years, the Trade 

23 Representative and the Deputy Undersecretary, in con24 sultation with the policy advisory committee on labor es25 tablished under section 135(c)(1), determine that the laws 


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1 of and legal rights and protections afforded in a bene2 ficiary developing country fail to meet the eligibility cri3 teria described in subparagraphs (G), (H), and (I) of sec4 tion 502(b)(2), the benefits provided to that country under 

5 this title shall be reduced by such amount and in such 

6 manner as the Trade Representative considers appro7 priate. 

8 ‘‘(d) METRICS.—The Trade Representative and the 

9 Deputy Undersecretary shall establish metrics for the con10 duct of reviews and assessments under subsection (a). 

11 ‘‘(e) MEASUREMENT OF WOMEN’S ECONOMIC EM12 POWERMENT.—To support the measurement of women’s 

13 economic empowerment, the Trade Representative shall 

14 encourage and support the reporting by beneficiary devel15 oping countries of sex-disaggregated economic and busi16 ness data, including the gathering of information con17 sistent with the United Nations Sustainable Development 

18 Goals, particularly the goals relating to gender equality 

19 and decent work.’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents for the Trade Act of 1974 is amended by in22 serting after the item relating to section 504 the fol23 lowing: 

‘‘Sec. 504A. Review of compliance relating to internationally recognized worker 

rights and equal rights and protection under the law.’’. 

Æ 


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