Sec. 3. Strengthening trade, labor, and human rights
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The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201 et seq.) is amended as follows: In section 103(b)(3)— in subparagraph (B)(ii), by striking strictly ; and by adding at the end the following: 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. 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— achieves the principle negotiating objectives with respect to labor described in section 102(b)(10); explicitly provides that, with respect to any country that is a party to the agreement— 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; workers in such country shall have the right to freely form and join an autonomous and independent union of their choosing; 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; 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; 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 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 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. .
In section 111— by amending paragraph (7)(E) to read as follows: 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. ; by redesignating paragraphs
(18)through
(23)as paragraphs
(19)through (24), respectively; and by inserting after paragraph
(17)the following: The term internationally recognized human rights means the rights stated in the following: The Universal Declaration of Human Rights. The International Covenant on Economic, Social and Cultural Rights. The Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol. The Convention on the Rights of the Child. The Convention on the Rights of Persons with Disabilities and its Optional Protocol. The Convention for the Protection of All Persons from Enforced Disappearance. The First Optional Protocol to the Covenant on Civil and Political Rights. The Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. .
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Sec. 3
Strengthening trade, labor, and human rights
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