USC Subchapter VI

in effect

19 U.S.C. § 4641 Interagency Labor Committee for Monitoring and Enforcement

(a) EstablishmentNot 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) MembershipThe 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) MeetingsThe Interagency Labor Committee shall meet at least once every 90 days during the 5-year period beginning on January 29, 2020, and at least once every 180 days thereafter for 5 years. (d) Information sharingNotwithstanding any other provision of law, the members of the Interagency Labor Committee may exchange information for purposes of carrying out this subchapter.

19 U.S.C. § 4642 Duties

The 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.

19 U.S.C. § 4643 Enforcement priorities

The 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.

19 U.S.C. § 4644 Assessments

(a) Ongoing assessmentsFor the 10-year period beginning on January 29, 2020, except as provided in subsection (b), the Interagency Labor Committee shall assess on a biannual basis the extent to which Mexico is in compliance with its obligations under Annex 23–A of the USMCA. (b) Consultation relating to annual assessmentOn or after the date that is 5 years after January 29, 2020, the Interagency Labor Committee may consult with the appropriate congressional committees with respect to the frequency of the assessment required under subsection (a) and, with the approval of both such committees, may conduct such assessment on an annual basis for the following 5 years. (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.

19 U.S.C. § 4645 Recommendation for enforcement action

(a) Recommendation to initiateIf 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 determinationsNot 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.

19 U.S.C. § 4646 Petition process

(a) In generalThe Interagency Labor Committee shall establish procedures for submissions by the public of information with respect to potential failures to implement the labor obligations of a USMCA country. (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.

19 U.S.C. § 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.

19 U.S.C. § 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 assessmentOn or after the date that is 5 years after January 29, 2020, the Trade Representative and the Secretary of Labor may consult with the appropriate congressional committees with respect to the frequency of the reports required under subsection (a) and, with the approval of both such committees, may submit such report on an annual basis for the following 5 years. (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.

19 U.S.C. § 4649 Consultations on appointment and funding of rapid response labor panelists

(a) In generalThe Interagency Labor Committee shall consult with the Labor Advisory Committee established under section 2155(c)(1) of this title and the Advisory Committee for Trade Policy and Negotiations established under section 2155(b) of this title (or successor advisory committees) and the appropriate congressional committees with respect to the selection and appointment of candidates for the rapid response labor panelists described in Annex 31–A of the USMCA. (b) FundingThe United States, in consultation with Mexico, shall provide adequate funding for rapid response labor panelists to carry out the responsibilities under the USMCA promptly and fully.

19 U.S.C. § 4661 Establishment

The Secretary of Labor shall— (1) hire and fix the compensation of up to 5 additional full-time officers or employees of the Department of Labor; and (2) detail or assign such officers or employees to the United States Embassy or a United States Consulate in Mexico to carry out the duties described in section 4662 of this title.

19 U.S.C. § 4662 Duties

The duties described in this section are the following: (1) Assisting the Interagency Labor Committee to monitor and enforce the labor obligations of Mexico. (2) Submitting to the Interagency Labor Committee on a quarterly basis reports on the efforts undertaken by Mexico to comply with its labor obligations.

19 U.S.C. § 4663 Status

Any officer or employee, while detailed or assigned under this part, shall be considered, for the purpose of preserving their allowances, privileges, rights, seniority, and other benefits as such, an officer or employee of the United States Government and of the agency of the United States Government from which detailed or assigned, and shall continue to receive compensation, allowances, and benefits from program funds appropriated to that agency or made available to that agency for purposes related to the activities of the detail or assignment, in accordance with authorities related to their employment status and agency policies.

19 U.S.C. § 4671 Establishment

There is hereby established a board, to be known as the “Independent Mexico Labor Expert Board”, to be responsible for monitoring and evaluating the implementation of Mexico’s labor reform and compliance with its labor obligations. The Board shall also advise the Interagency Labor Committee with respect to capacity-building activities needed to support such implementation and compliance.

19 U.S.C. § 4672 Membership; term

(a) MembershipThe Board shall be composed of 12 members who shall be appointed as follows:(1) Four members to be appointed by the Labor Advisory Committee established under section 2155(c)(1) of this title (or successor advisory committee). (2) Two members appointed by the Speaker of the House of Representatives, in consultation with the Chair of the Committee on Ways and Means of the House of Representatives. (3) Two members appointed by the president pro tempore of the Senate from among individuals recommended by the majority leader of the Senate and in consultation with the Chair of the Committee on Finance of the Senate. (4) Two members appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Ways and Means of the House of Representatives. (5) Two members appointed by the President pro tempore of the Senate from among individuals recommended by the minority leader of the Senate and in consultation with the Ranking Member of the Committee on Finance of the Senate. (b) TermExcept as provided in subsection (c), members of the Board shall serve for a term of 6 years. (c) Extension of termIf the Board determines, at the end of the 6-year period beginning on the date of the appointment of the last member appointed in accordance with subsection (a), that Mexico is not fully in compliance with its labor obligations, a majority of the members of the Board may determine to extend its term for 4 additional years. A new Board shall be appointed in accordance with subsection (a) and shall serve for a single term of 4 years.

19 U.S.C. § 4673 Funding

The United States shall provide necessary funding to support the work of the Board, including with respect to translation services and personnel support.

19 U.S.C. § 4674 Reports

For the 6-year period beginning on January 29, 2020, and for an additional 4 years if the term of the Board is extended in accordance with section 4672(c) of this title, the Board shall submit to 11 So in original. Probably should be followed by “the”. appropriate congressional committees and to the Interagency Labor Committee an annual report that— (1) contains an assessment of—(A) the efforts of Mexico to implement Mexico’s labor reform; and (B) the manner and extent to which labor laws are generally enforced in Mexico; and (2) may include a determination that Mexico is not in compliance with its labor obligations.

19 U.S.C. § 4681 Forced Labor Enforcement Task Force

(a) EstablishmentNot later than 90 days after January 29, 2020, the President shall establish a Forced Labor Enforcement Task Force to monitor United States enforcement of the prohibition under section 1307 of this title. (b) Members; meetings(1) MembersThe Task Force shall be chaired by the Secretary of Homeland Security and shall be comprised of representatives from such other agencies with relevant expertise, including the Office of the United States Trade Representative and the Department of Labor, as the President determines appropriate. (2) MeetingsThe Task Force shall meet on a quarterly basis regarding active Withhold and Release Orders, ongoing investigations, petitions received, and enforcement priorities, and other relevant issues with respect to enforcing the prohibition under section 1307 of this title.

19 U.S.C. § 4682 Timeline required

(a) In generalNot later than 90 days after the establishment of the Forced Labor Enforcement Task Force pursuant to section 4681(a) of this title, the Task Force shall establish timelines for responding to petitions submitted to the Commissioner of U.S. Customs and Border Protection alleging that goods are being imported by or with child or forced labor. (b) Consultation requiredIn establishing the timelines during such 90-day period, the Task Force shall consult with the appropriate congressional committees. (c) ReportThe Task Force shall timely submit to the appropriate congressional committees a report that contains the timelines established pursuant to subsection (a) and shall make such report publicly available.

19 U.S.C. § 4683 Reports required

The Forced Labor Enforcement Task Force shall submit to 11 So in original. Probably should be followed by “the”. appropriate congressional committees a biannual report that includes the following: (1) The enforcement activities and priorities of the Department of Homeland Security with respect to enforcing the prohibition under section 1307 of this title. (2) The number of instances in which merchandise was denied entry pursuant to such prohibition during the preceding 180-day period. (3) A description of the merchandise so denied entry. (4) An enforcement plan regarding goods included in the most recent “Findings on the Worst Forms of Child Labor” report submitted in accordance with section 2464 of this title and “List of Goods Produced by Child Labor or Forced Labor” submitted in accordance with section 7112(b)(2)(C) of title 22. (5) Such other information as the Forced Labor Enforcement Task Force considers appropriate with respect to monitoring and enforcing compliance with section 1307 of this title.

19 U.S.C. § 4684 Duties related to Mexico

The Task Force shall— (1) develop, in consultation with the appropriate congressional committees, an enforcement plan regarding goods produced by or with forced labor in Mexico; and (2) report to the Interagency Labor Committee with respect to any concerns relating to the enforcement of the prohibition under section 1307 of this title with respect to Mexico, including any allegations that may be filed with respect to forced labor in Mexico.

19 U.S.C. § 4691 Transmission of reports

Each report issued by a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA shall be immediately submitted to the appropriate congressional committees, the Labor Advisory Committee established under section 2155(c)(1) of this title (or successor advisory committee), and, as appropriate, the petitioner submitting information pursuant to section 4646 of this title. The Trade Representative shall also make each such report publicly available in a timely manner.

19 U.S.C. § 4692 Suspension of liquidation

(a) In generalIf the United States files a request pursuant to article 31–A.4.2 of Annex 31–A of the USMCA, the Trade Representative may direct the Secretary of the Treasury to suspend liquidation for unliquidated entries of goods from such covered facility until such time as the Trade Representative notifies the Secretary that a condition described in subsection (b) has been met. (b) Resumption of liquidationThe conditions described in this subsection are the following:(1) The rapid response labor panel has determined that there is no denial of rights at the covered facility within the meaning of such terms under Annex 31–A of the USMCA. (2) A course of remediation for denial of rights has been agreed to and has been completed in accordance with the agreed-upon time. (3) The denial of rights has been otherwise remedied.

19 U.S.C. § 4693 Final remedies

(a) In generalIf a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA determines with respect to a case that there has been a denial of rights within the meaning of such Annex, the Trade Representative may, in consultation with the appropriate congressional committees—(1) direct the Secretary of the Treasury, until the date of the notification described in subsection (b) and in accordance with Annex 31–A of the USMCA—(A) to—(i) deny entry to goods, produced wholly or in part, from any covered facility involved in such case; or (ii) allow for the release of goods, produced wholly or in part, from such covered facilities only upon payment of duties and any penalty; and (B) to apply any duties or penalties to customs entries for which liquidation was suspended pursuant to section 4692 of this title; and (2) apply other remedies that are appropriate and available under Annex 31–A of the USMCA, until the denial of rights with respect to the case has been remedied. (b) Remediation notificationThe Trade Representative shall promptly notify the Secretary when the denial of rights with respect to a case described in subsection (a) has been remedied.

19 U.S.C. § 4631 Definitions

In this subchapter: (1) Labor attachéThe term “labor attaché” means an individual hired under part B. (2) Labor obligationsThe term “labor obligations” means the obligations under chapter 23 of the USMCA (relating to labor). (3) Mexico’s labor reformThe term “Mexico’s labor reform” means the legislation on labor reform enacted by Mexico on May 1, 2019.