19 U.S.C. § 4611 — Participation in joint reviews with Can-

Page 1162 TITLE 19—CUSTOMS DUTIES § 4611 Editorial Notes REFERENCES IN TEXT This title, referred to in subsecs. (a) and (b)(1), means title IV of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 61, which enacted this section, amended sections 1516a, 1677, 1677f, and 4374 of this title and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Proce- dure, and enacted provisions set out as a note under section 1516a of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as an Effective Date of 2020 Amendment note under section 1516a of this title. SUBCHAPTER V—TRANSITION TO AND EXTENSION OF USMCA PART A—JOINT REVIEWS REGARDING EXTENSION OF USMCA § 4611. Participation in joint reviews with Can- ada and Mexico regarding extension of the term of the USMCA and other action regard- ing the USMCA (a) In general Pursuant to the requirements of this section, the President shall consult with the appropriate congressional committees and stakeholders be- fore each joint review, including consultation with respect to— (1) any recommendation for action to be pro- posed at the review; and (2) the decision whether or not to confirm that the United States wishes to extend the USMCA. (b) Consultations with Congress and stake- holders (1) Publication and public hearing At least 270 days before a joint review com- mences, the Trade Representative shall pub- lish in the Federal Register a notice regarding the joint review and shall, as soon as possible following such publication, provide oppor- tunity for the presentation of views relating to the operation of the USMCA, including a public hearing. (2) Report to Congress At least 180 days before a 6-year joint review under article 34.7 of the USMCA commences, the Trade Representative shall report to the appropriate congressional committees regard- ing— (A) the assessment of the Trade Represent- ative with respect to the operation of the USMCA; (B) the precise recommendation for action to be proposed at the review and the position of the United States with respect to whether to extend the term of the USMCA; (C) what, if any, prior efforts have been made to resolve any concern that underlies that recommendation or position; and (D) the views of the advisory committees established under section 2155 of this title regarding that recommendation or position. (c) Subsequent action to address lack of agree- ment on term extension (1) In general If, as part of a joint review, any USMCA country does not confirm that the country wishes to extend the term of the USMCA under article 34.7.3 of the USMCA, at least 70 days before any subsequent annual joint re- view meeting conducted as required under ar- ticle 34.7 of the USMCA, the Trade Represent- ative shall report to the appropriate congres- sional committees regarding— (A) any reason offered by a USMCA coun- try regarding why the country is unable to agree to extend the term of the USMCA; (B) the progress that has been made in ef- forts to achieve resolution of the concerns of that country; (C) any proposed action that the Trade Representative intends to raise during the meeting; and (D) the views of the advisory committees established under section 2155 of this title regarding the reasons described in subpara- graph (A) and any proposed action under subparagraph (C). (2) Additional information The Trade Representative shall also provide detailed and timely information in response to any questions posed by the appropriate con- gressional committees with respect to any meeting described in paragraph (1), including by submitting to those committees copies of any proposed text that the Trade Representa- tive plans to submit to the other parties to the meeting. (d) Congressional engagement after joint review (1) In general Not later than 20 days after the USMCA countries have met for a joint review, the Trade Representative shall brief the appro- priate congressional committees regarding the positions expressed by the countries during the joint review and what, if any, actions were agreed to by the countries. (2) Continued engagement After a joint review, the Trade Representa- tive shall keep the appropriate congressional committees timely apprised of any develop- ments arising out of or related to the review. (e) Definitions In this section: (1) Joint review The term ‘‘joint review’’ means a review conducted under the process provided for in article 34.7 of the USMCA relating to exten- sion of the term of the USMCA. (2) USMCA country The term ‘‘USMCA country’’ has the mean- ing given that term in section 4531(a) of this title. (Pub. L. 116–113, title VI, § 611, Jan. 29, 2020, 134 Stat. 79.) Executive Documents DELEGATION OF FUNCTIONS Proc. No. 10053, par. (14), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative to Page 1163 TITLE 19—CUSTOMS DUTIES § 4641 exercise the function assigned to the President under subsec. (a) of this section to consult with the appro- priate congressional committees and stakeholders re- garding joint reviews under article 34.7 of the USMCA. PART B—TERMINATION OF USMCA § 4621. Termination of USMCA (a) Termination of USMCA country status During any period in which a country ceases to be a USMCA country, this Act (other than this subsection and title IX) and the amend- ments made by this Act shall cease to have ef- fect with respect to that country. (b) Termination of USMCA On the date on which the USMCA ceases to be in force with respect to the United States, this Act and the amendments made by this Act (other than this subsection and title IX) shall cease to have effect. (Pub. L. 116–113, title VI, § 621, Jan. 29, 2020, 134 Stat. 80.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mex- ico-Canada Agreement Implementation Act. Title IX of the Act (134 Stat. 98) provides for USMCA supplemental appropriations and is not classified to the Code. For complete classification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables. SUBCHAPTER VI—LABOR MONITORING AND ENFORCEMENT § 4631. Definitions In this subchapter: (1) Labor attache´ The term ‘‘labor attache´’’ means an indi- vidual hired under part B. (2) Labor obligations The term ‘‘labor obligations’’ means the ob- ligations under chapter 23 of the USMCA (re- lating to labor). (3) Mexico’s labor reform The term ‘‘Mexico’s labor reform’’ means the legislation on labor reform enacted by Mexico on May 1, 2019. (Pub. L. 116–113, title VII, § 701, Jan. 29, 2020, 134 Stat. 80.) PART A—INTERAGENCY LABOR COMMITTEE FOR MONITORING AND ENFORCEMENT § 4641. Interagency Labor Committee for Moni- toring and Enforcement (a) Establishment Not later than 90 days after January 29, 2020, the President shall establish an Interagency Labor Committee for Monitoring and Enforce- ment (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 re- spect to a USMCA country that is not in com- pliance with such labor obligations. (b) Membership The Interagency Labor Committee shall— (1) be co-chaired by the Trade Representa- tive and the Secretary of Labor; and (2) include representatives of such other Federal departments or agencies with relevant expertise as the President determines appro- priate. (c) Meetings The Interagency Labor Committee shall meet at least once every 90 days during the 5-year pe- riod beginning on January 29, 2020, and at least once every 180 days thereafter for 5 years. (d) Information sharing Notwithstanding any other provision of law, the members of the Interagency Labor Com- mittee may exchange information for purposes of carrying out this subchapter. (Pub. L. 116–113, title VII, § 711, Jan. 29, 2020, 134 Stat. 81.) Executive Documents EX. ORD. NO. 13918. ESTABLISHMENT OF THE INTERAGENCY LABOR COMMITTEE FOR MONITORING AND ENFORCEMENT UNDER SECTION 711 OF THE UNITED STATES-MEXICO- CANADA AGREEMENT IMPLEMENTATION ACT Ex. Ord. No. 13918, Apr. 28, 2020, 85 F.R. 26315, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and section 711 of the United States-Mexico-Can- ada Agreement Implementation Act (Act) (Public Law 116–113) [19 U.S.C. 4641], it is hereby ordered as follows: SECTION 1. Establishment of the Interagency Labor Com- mittee for Monitoring and Enforcement. The Interagency Labor Committee for Monitoring and Enforcement (Committee) is hereby established to coordinate the ef- forts of the United States to monitor the implementa- tion and maintenance of the labor obligations of Can- ada and Mexico, to monitor the implementation and maintenance of Mexico’s labor reform, and to rec- ommend enforcement actions with respect to Canada or Mexico, as provided for in section 715 of the Act [19 U.S.C. 4645]. SEC. 2. Membership. The Committee shall be co- chaired by the United States Trade Representative and the Secretary of Labor, and shall include representa- tives of the Department of State, the Department of the Treasury, the Department of Agriculture, the De- partment of Commerce, the Department of Homeland Security, and the United States Agency for Inter- national Development. The Co-Chairs may invite rep- resentatives from other executive departments or agen- cies, as appropriate, to participate as members or ob- servers. Each executive department, agency, and com- ponent represented on the Committee shall ensure that the necessary staff are available to assist their respec- tive representatives in performing the responsibilities of the Committee. The Committee, by consensus, may designate members to assist it in carrying out the func- tions described in the Act. SEC. 3. Committee Decision-Making. The Committee shall endeavor to make any decision on an action or de- termination under sections 712 through 719 of the Act [19 U.S.C. 4642 to 4649] by consensus, which shall be deemed to exist where no member objects to the pro- posed action or determination.