Collapse to view only § 4644. Assessments
- § 4641. Interagency Labor Committee for Monitoring and Enforcement
- § 4642. Duties
- § 4643. Enforcement priorities
- § 4644. Assessments
- § 4645. Recommendation for enforcement action
- § 4646. Petition process
- § 4647. Hotline
- § 4648. Reports
- § 4649. Consultations on appointment and funding of rapid response labor panelists
§ 4641. Interagency Labor Committee for Monitoring and Enforcement
(a) Establishment
Not later than 90 days after January 29, 2020, the President shall establish an Interagency Labor Committee for Monitoring and Enforcement (in this subchapter referred to as the “Interagency Labor Committee”), to coordinate United States efforts with respect to each USMCA country—
(1) to monitor the implementation and maintenance of the labor obligations;
(2) to monitor the implementation and maintenance of Mexico’s labor reform; and
(3) to request enforcement actions with respect to a USMCA country that is not in compliance with such labor obligations.
(b) Membership
The Interagency Labor Committee shall—
(1) be co-chaired by the Trade Representative and the Secretary of Labor; and
(2) include representatives of such other Federal departments or agencies with relevant expertise as the President determines appropriate.
(c) Meetings
(d) Information sharing
(Pub. L. 116–113, title VII, § 711, Jan. 29, 2020, 134 Stat. 81.)
§ 4642. DutiesThe duties of the Interagency Labor Committee shall include the following:
(1) Coordinating the activities of departments and agencies of the Committee in monitoring implementation of and compliance with labor obligations, including by—
(A) requesting and reviewing relevant information from the governments of USMCA countries and from the public;
(B) coordinating visits to Mexico as necessary to assess implementation of Mexico’s labor reform and compliance with the labor obligations of Mexico;
(C) receiving and reviewing quarterly assessments from the labor attachés with respect to the implementation of and compliance with Mexico’s labor reform; and
(D) coordinating with the Secretary of Treasury with respect to support relating to labor issues provided to Mexico by the Inter-American Development Bank.
(2) Establishing an ongoing dialogue with appropriate officials of the Government of Mexico regarding the implementation of Mexico’s labor reform and compliance with its labor obligations.
(3) Coordinating with other institutions and governments with respect to support relating to labor issues, such as the International Labour Organization and the Government of Canada.
(4) Identifying priority issues for capacity-building activities in Mexico to be funded by the United States, drawing primarily on the expertise of the Department of Labor.
(5) Meeting, at least biannually during the 5-year period beginning on January 29, 2020, and at least annually for 5 years thereafter, with the Labor Advisory Committee for Trade Negotiations and Trade Policy established under section 2155(c)(1) of this title (or any successor advisory committee) to consult and provide opportunities for input with respect to—
(A) the implementation of Mexico’s labor reform;
(B) labor capacity-building activities in Mexico funded by the United States;
(C) labor monitoring efforts;
(D) labor enforcement priorities; and
(E) other relevant issues.
(6) Based on the assessments required by section 4644 of this title, making recommendations relating to dispute settlement actions to the Trade Representative, in accordance with section 4645 of this title.
(7) Based on reports provided by the Forced Labor Enforcement Task Force under section 4683 of this title, developing recommendations for appropriate enforcement actions by the Trade Representative.
(8) Reviewing reports submitted by the labor experts appointed in accordance with Annex 31–A of the USMCA, with respect to the functioning of that Annex.
(9) Reviewing reports submitted by the Independent Mexico Labor Expert Board under section 4674 of this title.
(Pub. L. 116–113, title VII, § 712, Jan. 29, 2020, 134 Stat. 81.)
§ 4643. Enforcement prioritiesThe Interagency Labor Committee shall—
(1) review the list of priority sectors under Annex 31–A of the USMCA and suggest to USTR additional sectors for review by the USMCA countries as appropriate;
(2) establish and annually update a list of priority subsectors within such priority sectors to be the focus of the enforcement efforts of the Committee, the first of which shall consist of—
(A) auto assembly;
(B) auto parts;
(C) aerospace;
(D) industrial bakeries;
(E) electronics;
(F) call centers;
(G) mining; and
(H) steel and aluminum; and
(3) review priority facilities within such priority subsectors for monitoring and enforcement.
(Pub. L. 116–113, title VII, § 713, Jan. 29, 2020, 134 Stat. 82.)
§ 4644. Assessments
(a) Ongoing assessments
(b) Consultation relating to annual assessment
(c) Matters to be includedThe assessment required under subsection (a) shall also include each of the following:
(1) Whether Mexico is providing adequate funding to implement and enforce Mexico’s labor reform, including specifically whether Mexico has provided funding consistent with commitments made to contribute the following amounts for the labor reform implementation budget:
(A) $176,000,000 for 2021.
(B) $325,000,000 for 2022.
(C) $328,000,000 for 2023.
(2) The extent to which any legal challenges to Mexico’s labor reform have succeeded in that court system.
(3) The extent to which Mexico has implemented the federal and state labor courts, registration entity, and federal and state conciliation centers consistent with the timeline set forth for Mexico’s labor reform, in the September 2019 policy statements by the Government of Mexico on a national strategy for implementation of the labor justice system, and in subsequent policy statements in accordance with Mexico’s labor reform.
(Pub. L. 116–113, title VII, § 714, Jan. 29, 2020, 134 Stat. 82.)
§ 4645. Recommendation for enforcement action
(a) Recommendation to initiate
If the Interagency Labor Committee determines, pursuant to an assessment under section 4644 of this title, as a result of monitoring activities described in section 4642(1) of this title, or pursuant to a report of the Independent Mexico Labor Expert Board that a USMCA country has failed to meets its labor obligations, including with respect to obligations under Annex 23–A of the USMCA, the Committee shall recommend that the Trade Representative initiate enforcement actions under—
(1) article 23.13 or 23.17 of the USMCA (relating to cooperative labor dialogue and labor consultations);
(2) articles 31.4 and 31.6 of the USMCA (relating to dispute settlement consultations); or
(3) Annex 31–A of the USMCA (relating to the rapid response labor mechanism).
(b) Trade Representative determinations
Not later than 60 days after the date on which the Trade Representative receives a recommendation pursuant to subsection (a), the Trade Representative shall—
(1) determine whether to initiate an enforcement action; and
(2) if such determination is negative, submit to the appropriate congressional committees a report on the reasons for such negative determination.
(Pub. L. 116–113, title VII, § 715, Jan. 29, 2020, 134 Stat. 83.)
§ 4646. Petition process
(a) In general
(b) Facility-specific petitionsWith respect to information submitted in accordance with the procedures established under subsection (a) accompanying a petition relating to a denial of rights at a covered facility, as such terms are defined for purposes of Annex 31–A of the USMCA:
(1) The Interagency Labor Committee shall review such information within 30 days of submission and shall determine whether there is sufficient, credible evidence of a denial of rights (as so defined) enabling the good-faith invocation of enforcement mechanisms.
(2) If the Committee reaches a negative determination under paragraph (1), the Committee shall certify such determination to the appropriate congressional committees and the petitioner.
(3) If the Committee reaches an affirmative determination under paragraph (1), the Trade Representative shall submit a request for review, in accordance with article 31–A.4 of such Annex, with respect to the covered facility and shall inform the petitioner and the appropriate congressional committees of the submission of such request.
(4) Not later than 60 days after the date of an affirmative determination under paragraph (1), the Trade Representative shall—
(A) determine whether to request the establishment of a rapid response labor panel in accordance with such Annex; and
(B) if such determination is negative, certify such determination to the appropriate congressional committees in conjunction with the reasons for such determination and the details of any agreed-upon remediation plan.
(c) Other petitionsWith respect to information submitted in accordance with the procedures established under subsection (a) accompanying a petition relating to any other violation of the labor obligations of a USMCA country:
(1) The Interagency Labor Committee shall review such information not later than 20 days after the date of the submission and shall determine whether the information warrants further review.
(2) If the Committee reaches an affirmative determination under paragraph (1), such further review shall focus exclusively on determining, not later than 60 days after the date of such submission, whether there is sufficient, credible evidence that the USMCA country is in violation of its labor obligations, for purposes of initiating enforcement action under chapter 23 or chapter 31 of the USMCA.
(3) If the Committee reaches an affirmative determination under paragraph (2), the Trade Representative shall—
(A) not later than 60 days after the date of the determination of the Committee, initiate appropriate enforcement action under such chapter 23 or chapter 31; or
(B) submit to the appropriate congressional committees a notification including the reasons for which action was not initiated within such 60-day period.
(Pub. L. 116–113, title VII, § 716, Jan. 29, 2020, 134 Stat. 83.)
§ 4647. Hotline
The Interagency Labor Committee shall establish a web-based hotline, monitored by the Department of Labor, to receive confidential information regarding labor issues among USMCA countries directly from interested parties, including Mexican workers.
(Pub. L. 116–113, title VII, § 717, Jan. 29, 2020, 134 Stat. 85.)
§ 4648. Reports
(a) In generalNot later than 180 days after January 29, 2020, and every 180 days thereafter for 10 years except as provided in subsection (b), the Interagency Labor Committee shall submit to the appropriate congressional committees a report that includes—
(1) a description of Committee staffing and capacity building activities with Mexico;
(2) information regarding the budget resources for Mexico’s labor reform and the deadlines in the September 2019 policy statements by the Government of Mexico on a national strategy for implementation of the labor justice system and in subsequent policy statements in accordance with Mexico’s labor reform;
(3) a summary of petitions filed in accordance with section 4646 of this title and the use of the rapid response labor mechanism under Annex 31–A of the USMCA;
(4) the results of the most recent assessment conducted under section 4644 of this title; and
(5) if, with respect to any report of the Independent Mexico Labor Expert Board submitted under section 4674 of this title that includes a determination described in paragraph (2) of such section, the Interagency Labor Committee does not concur with such determination, an explanation of the reasons for not concurring in such determination and a commitment to provide an oral briefing with respect to such explanation upon request.
(b) Consultation relating to annual assessment
(c) Five-year assessmentNot later than the date that is 5 years after the date of the establishment of the Interagency Labor Committee pursuant to section 4641(a) of this title, the Committee shall jointly submit to the appropriate congressional committees—
(1) a comprehensive assessment of the implementation of Mexico’s labor reform, including with respect to—
(A) whether Mexico has reviewed and legitimized all existing collective bargaining agreements in Mexico;
(B) whether Mexico has addressed the pre-existing legal or administrative labor disputes;
(C) whether Mexico has established the Federal Center for Conciliation and Labor Registration, and an assessment of that Center’s operation;
(D) whether Mexico has established the federal labor courts, and an assessment of their operation; and
(E) whether Mexico has established the state conciliation centers and labor courts in all states and an assessment of their operation; and
(2) a strategic plan and recommendations for actions to address areas of concern relating to the implementation of Mexico’s labor reform, for purposes of the joint review conducted pursuant to article 34.7 of the USMCA on the sixth anniversary of the entry into force of the USMCA.
(Pub. L. 116–113, title VII, § 718, Jan. 29, 2020, 134 Stat. 85.)
§ 4649. Consultations on appointment and funding of rapid response labor panelists
(a) In general
(b) Funding
(Pub. L. 116–113, title VII, § 719, Jan. 29, 2020, 134 Stat. 86.)