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49 U.S.C. § 20171 — Requirements for railroad freight cars placed into service in the United States

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 20171 — Requirements for railroad freight cars placed into service in the United States

**(a) Definitions.—** In this section: (1) **Component.—** — The term “component” means a part or subassembly of a railroad freight car. (2) **Control.—** — The term “control” means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, representation on the board of directors of an entity, proxy voting on the board of directors of an entity, a special share in the entity, a contractual arrangement with the entity, a formal or informal arrangement to act in concert with an entity, or any other means, to determine, direct, make decisions, or cause decisions to be made for the entity. (3) **Cost of sensitive technology.—** — The term “cost of sensitive technology” means the aggregate cost of the sensitive technology located on a railroad freight car. (4) **Country of concern.—** — The term “country of concern” means a country that— (A) is identified by the Department of Commerce as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ([19 U.S.C. 1677(18)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/18&num=0&edition=prelim))) as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021; (B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 ([19 U.S.C. 2242](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2242&num=0&edition=prelim)) as a foreign country included on the priority watch list (as defined in subsection (g)(3) of such section); and (C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act o

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Stable record: federal_law:legal_authorities:record_usc_b9b4522617ee5b0842406de0
Source file: Laws/federal/codes/united-states-code/title-49/section-20171-requirements-for-railroad-freight-cars-placed-into-service-in-the-united--d015302ea5.md
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Source location: Title 49, Chapter 201, § 20171; chapter-201-general.md

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**(a) Definitions.—** In this section: (1) **Component.—** — The term “component” means a part or subassembly of a railroad freight car. (2) **Control.—** — The term “control” means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, representation on the board of directors of an entity, proxy voting on the board of directors of an entity, a special share in the entity, a contractual arrangement with the entity, a formal or informal arrangement to act in concert with an entity, or any other means, to determine, direct, make decisions, or cause decisions to be made for the entity. (3) **Cost of sensitive technology.—** — The term “cost of sensitive technology” means the aggregate cost of the sensitive technology located on a railroad freight car. (4) **Country of concern.—** — The term “country of concern” means a country that— (A) is identified by the Department of Commerce as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ([19 U.S.C. 1677(18)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/18&num=0&edition=prelim))) as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021; (B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 ([19 U.S.C. 2242](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2242&num=0&edition=prelim)) as a foreign country included on the priority watch list (as defined in subsection (g)(3) of such section); and (C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ([19 U.S.C. 2416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2416&num=0&edition=prelim)). (5) **Net cost.—** — The term “net cost” has the meaning given such term in chapter 4 of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. (6) **Qualified facility.—** — The term “qualified facility” means a facility that is not owned or under the control of a state-owned enterprise. (7) **Qualified manufacturer.—** — The term “qualified manufacturer” means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise. (8) **Railroad freight car.—** — The term “railroad freight car” means a car designed to carry freight or railroad personnel by rail, including— (A) a box car; (B) a refrigerator car; (C) a ventilator car; (D) an intermodal well car; (E) a gondola car; (F) a hopper car; (G) an auto rack car; (H) a flat car; (I) a special car; (J) a caboose car; (K) a tank car; and (L) a yard car. (9) **Sensitive technology.—** — The term “sensitive technology” means any device embedded with electronics, software, sensors, or other connectivity, that enables the device to connect to, collect data from, or exchange data with another device, including— (A) onboard telematics; (B) remote monitoring software; (C) firmware; (D) analytics; (E) global positioning system satellite and cellular location tracking systems; (F) event status sensors; (G) predictive component condition and performance monitoring sensors; and (H) similar sensitive technologies embedded into freight railcar components and sub-assemblies. (10) **State-owned enterprise.—** — The term “state-owned enterprise” means— (A) an entity that is owned by, or under the control of, a national, provincial, or local government of a country of concern, or an agency of such government; or (B) an individual acting under the direction or influence of a government or agency described in subparagraph (A). (11) **Substantially transformed.—** — The term “substantially transformed” means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. (12) **USMCA.—** — The term “USMCA” has the meaning given the term in section 3 of the United States-Mexico-Canada Agreement Implementation Act ([19 U.S.C. 4502](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)). **(b) Requirements for Railroad Freight Cars.—** (1) **Limitation on railroad freight cars.—** — A railroad freight car wholly manufactured on or after the date that is 1 year after the date of issuance of the regulations required under subsection (c)(1) may only operate on the United States general railroad system of transportation if— (A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility; (B) none of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and (C) none of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellectual property rights of another including such a finding by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff Act of 1930 ([19 U.S.C. 1337](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1337&num=0&edition=prelim)). (2) **Limitation on railroad freight car content.—** (A) *Percentage limitation.—* (i) *Initial limitation.—* — Not later than 1 year after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 20 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise. (ii) *Subsequent limitation.—* — Effective beginning on the date that is 3 years after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 15 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise. (B) *Conflict.—* — The percentages specified in clauses (i) and (ii) of subparagraph (A), as applicable, shall apply notwithstanding any apparent conflict with provisions of chapter 4 of the USMCA. **(c) Regulations and Penalties.—** (1) **Regulations required.—** — Not later than 2 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall issue such regulations as are necessary to carry out this section, including for the monitoring and sensitive technology requirements of this section. (2) **Certification required.—** — To be eligible to provide a railroad freight car for operation on the United States general railroad system of transportation, the manufacturer of such car shall annually certify to the Secretary of Transportation that any railroad freight cars to be so provided meet the requirements under this section. (3) **Compliance.—** (A) *Valid certification required.—* — At the time a railroad freight car begins operation on the United States general railroad system of transportation, the manufacturer of such railroad freight car shall have valid certification described in paragraph (2) for the year in which such car begins operation. (B) *Registration of noncompliant cars prohibited.—* — A railroad freight car manufacturer may not register, or cause to be registered, a railroad freight car that does not comply with the requirements under this section in the Association of American Railroad’s 11 So in original. Probably should be “Association of American Railroads’ ”. Umler system. (4) **Civil penalties.—** (A) *In general.—* — Pursuant to section 21301, the Secretary of Transportation may assess a civil penalty of not less than $100,000, but not more than $250,000, for each violation of this section for each railroad freight car. (B) *Prohibition on operation for violations.—* — The Secretary of Transportation may prohibit a railroad freight car manufacturer with respect to which the Secretary has assessed more than 3 violations under subparagraph (A) from providing additional railroad freight cars for operation on the United States general railroad system of transportation until the Secretary determines— (i) such manufacturer is in compliance with this section; and (ii) all civil penalties assessed to such manufacturer pursuant to subparagraph (A) have been paid in full.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1337 — Unfair practices in import trade

**(a) Unlawful activities; covered industries; definitions** (1) Subject to paragraph (2), the following are unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provision of law, as provided in this section: (A) Unfair methods of competition and unfair acts in the importation of articles (other than articles provided for in subparagraphs (B), (C), (D), and (E)) into the United States, or in the sale of such articles by the owner, importer, or consignee, the threat or effect of which is— (i) to destroy or substantially injure an industry in the United States; (ii) to prevent the establishment of such an industry; or (iii) to restrain or monopolize trade and commerce in the United States. (B) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that— (i) infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17; or (ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent. (C) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that infringe a valid and enforceable United States trademark registered under the Trademark Act of 1946 [[15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) et seq.]. (D) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, i

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4502 — Detail of personnel to Office of the United States Trade Representative

**(a) In general** Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric 11 So in original. Probably should be preceded by “and”. Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b). **(b) Duties** The duties described in this subsection are the following: (1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico. (2) Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2416 — Determinations by Trade Representative

**(a) In general** (1) On the basis of the investigation initiated under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim) and the consultations (and the proceedings, if applicable) under [section 2413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2413&num=0&edition=prelim), the Trade Representative shall— (A) determine whether— (i) the rights to which the United States is entitled under any trade agreement are being denied, or (ii) any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) exists, and (B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim). (2) The Trade Representative shall make the determinations required under paragraph (1) on or before— (A) in the case of an investigation involving a trade agreement, except an investigation initiated pursuant to [section 2412(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/b/2/A&num=0&edition=prelim) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in [section 3511(d)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/15&num=0&edition=prelim)) or the GATT 1994 (as defined in [section 3501(1)(B) of this title](https://usco

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2242 — Independent budget and authorization of appropriations

Effective with respect to the fiscal year beginning October 1, 1976, for purposes of chapter 11 of title 31, estimated expenditures and proposed appropriations for the United States International Trade Commission shall be transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be considered to be a department or establishment for purposes of such chapter.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1337 — Unfair practices in import trade

Page 117 TITLE 19—CUSTOMS DUTIES § 1337 1 See References in Text note below. act, that the duty or duties shall not exceed a specified ad valorem rate upon the articles pro- vided for in such paragraph, no rate determined under the provisions of this section upon such articles shall exceed the maximum ad valorem rate so specified. (h) Definitions For the purpose of this section— (1) The term ‘‘domestic article’’ means an article wholly or in part the growth or product of the United States; and the term ‘‘foreign ar- ticle’’ means an article wholly or in part the growth or product of a foreign country. (2) The term ‘‘United States’’ includes the several States and Territories and the District of Columbia. (3) The term ‘‘foreign country’’ means any empire, country, dominion, colony, or protec- torate, or any subdivision or subdivisions thereof (other than the United States and its possessions). (4) The term ‘‘cost of production’’, when ap- plied with respect to either a domestic article or a foreign article, includes, for a period which is representative of conditions in pro- duction of the article: (A) The price or cost of materials, labor costs, and other direct charges incurred in the production of the arti- cle and in the processes or methods employed in its production; (B) the usual general ex- penses, including charges for depreciation or depletion which are representative of the equipment and property employed in the pro- duction of the article and charges for rent or interest which are representative of the cost of obtaining capital or instruments of produc- tion; and (C) the cost of containers and cov- erings of whatever nature, and other costs, charges, and expenses incident to placing the article in condition packed ready for d

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1677 — Definitions; special rules

For purposes of this subtitle— (1) **Administering authority** — The term “administering authority” means the Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this subtitle are transferred by law. (2) **Commission** — The term “Commission” means the United States International Trade Commission. (3) **Country** — The term “country” means a foreign country, a political subdivision, dependent territory, or possession of a foreign country, and, except for the purpose of antidumping proceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of countries into a customs union outside the United States. (4) **Industry** (A) *In general* — The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) *Related parties* (i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry. (ii) For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if— (I) the producer directly or indirectly controls the exporter or importer, (II) the exporter or importer directly or indirectly controls the producer, (III) a third party directly or indirectly controls the producer and the exporter or importer, or (IV) the producer

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1677 — Definitions; special rules

Page 381 TITLE 19—CUSTOMS DUTIES § 1677 §§ 233(a)(5)(Z), (AA), 270(a)(1)(J), Dec. 8, 1994, 108 Stat. 4900, 4917.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(Z), 270(a)(1)(J), inserted ‘‘countervailable’’ before ‘‘sub- sidy’’ in two places and substituted ‘‘subject merchan- dise’’ for ‘‘merchandise subject to the agreement’’. Subsec. (b)(2). Pub. L. 103–465, § 233(a)(5)(AA), sub- stituted ‘‘subject merchandise’’ for ‘‘merchandise sub- ject to the order’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE Section applicable with respect to investigations ini- tiated by petition or by the administering authority under parts I and II of this subtitle, or reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART IV—GENERAL PROVISIONS Editorial Notes CODIFICATION The designation ‘‘PART IV’’ was in the original ‘‘Sub- title D’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1677. Definitions; special rules For purposes of this subtitle— (1) Administer

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2242 — Identification of countries that deny ade-

Page 556 TITLE 19—CUSTOMS DUTIES § 2242 [amending this section and enacting provisions set out under this section] shall be construed to expand the duty of any person to collect or pay taxes beyond that which existed immediately before the date of the enact- ment of this Act [Oct. 21, 1998].’’ Pub. L. 105–277, div. C, title XII, § 1205, Oct. 21, 1998, 112 Stat. 2681–728, provided that: ‘‘Nothing in this title [amending this section and enacting provisions set out under this section] shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 (Public Law 104–104) [see Short Title of 1996 Amend- ment note set out under section 609 of Title 47, Tele- communications] or the amendments made by such Act.’’ DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RE- STRICTIONS Pub. L. 105–277, div. C, title XII, § 1203, Oct. 21, 1998, 112 Stat. 2681–727, provided that: ‘‘(a) IN GENERAL.—It is the sense of Congress that the President should seek bilateral, regional, and multilat- eral agreements to remove barriers to global electronic commerce through the World Trade Organization, the Organization for Economic Cooperation and Develop- ment, the Trans-Atlantic Economic Partnership, the Asia Pacific Economic Cooperation forum, the Free Trade Area of the America, the North American Free Trade Agreement, and other appropriate venues. ‘‘(b) NEGOTIATING OBJECTIVES.—The negotiating ob- jectives of the United States shall be— ‘‘(1) to assure that electronic commerce is free from— ‘‘(A) tariff and nontariff barriers; ‘‘(B) burdensome and discriminatory regulation and standards; and ‘‘(C) discriminatory taxation; and ‘‘(2) to accelerate the growth of electronic com- merce by expanding market access o

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2416 — Monitoring of foreign compliance

Page 668 TITLE 19—CUSTOMS DUTIES § 2416 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to implementation of ac- tions for provisions relating to requests for informa- tion. See section 2418 of this title. 1984—Subsec. (c). Pub. L. 98–573 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable to petitions filed, and investigations initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investigations initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as a note under section 2411 of this title. § 2416. Monitoring of foreign compliance (a) In general The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this sub- chapter or subject to dispute settlement pro- ceedings to enforce the rights of the United States under a trade agreement providing for such proceedings. (b) Action on the basis of monitoring (1) In general If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satis- factorily implementing a measure or agree- ment referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section 2411(a) of this title. For purposes of section 2411 of this title, any such deter- mination shall be treated as a determination made under section

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4502 — Definitions

Page 1125 TITLE 19—CUSTOMS DUTIES § 4502 Sec. SUCBCHAPTER V—TRANSITION TO AND EXTENSION OF USMCA PART A—JOINT REVIEWS REGARDING EXTENSION OF USMCA 4611. Participation in joint reviews with Canada and Mexico regarding extension of the term of the USMCA and other action regarding the USMCA. PART B—TERMINATION OF USMCA 4621. Termination of USMCA. SUBCHAPTER VI—LABOR MONITORING AND ENFORCEMENT 4631. Definitions. PART A—INTERAGENCY LABOR COMMITTEE FOR MONITORING AND ENFORCEMENT 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. PART B—MEXICO LABOR ATTACHE´ S 4661. Establishment. 4662. Duties. 4663. Status. PART C—INDEPENDENT MEXICO LABOR EXPERT BOARD 4671. Establishment. 4672. Membership; term. 4673. Funding. 4674. Reports. PART D—FORCED LABOR 4681. Forced Labor Enforcement Task Force. 4682. Timeline required. 4683. Reports required. 4684. Duties related to Mexico. PART E—ENFORCEMENT UNDER RAPID RESPONSE LABOR MECHANISM 4691. Transmission of reports. 4692. Suspension of liquidation. 4693. Final remedies. SUBCHAPTER VII—ENVIRONMENT MONITORING AND ENFORCEMENT 4701. Definitions. PART A—INTERAGENCY ENVIRONMENT COMMITTEE FOR MONITORING AND ENFORCEMENT 4711. Establishment. 4712. Assessment. 4713. Monitoring actions. 4714. Enforcement actions. 4715. Other monitoring and enforcement actions. 4716. Report to Congress. 4717. Regulations. PART B—OTHER MATTERS 4731. Border water infrastructure improvement au- thority. 4732. Detail of pers

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