19 U.S.C. § 4646 — Petition process

Page 1165 TITLE 19—CUSTOMS DUTIES § 4646 (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 fol- lowing amounts for the labor reform imple- mentation 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 imple- mented the federal and state labor courts, reg- istration entity, and federal and state concil- iation centers consistent with the timeline set forth for Mexico’s labor reform, in the Sep- tember 2019 policy statements by the Govern- ment of Mexico on a national strategy for im- plementation 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 deter- mines, pursuant to an assessment under section 4644 of this title, as a result of monitoring ac- tivities described in section 4642(1) of this title, or pursuant to a report of the Independent Mex- ico Labor Expert Board that a USMCA country has failed to meets its labor obligations, includ- ing with respect to obligations under Annex 23–A of the USMCA, the Committee shall rec- ommend that the Trade Representative initiate enforcement actions under— (1) article 23.13 or 23.17 of the USMCA (relat- ing to cooperative labor dialogue and labor consultations); (2) articles 31.4 and 31.6 of the USMCA (relat- ing 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 rec- ommendation pursuant to subsection (a), the Trade Representative shall— (1) determine whether to initiate an enforce- ment action; and (2) if such determination is negative, submit to the appropriate congressional committees a report on the reasons for such negative deter- mination. (Pub. L. 116–113, title VII, § 715, Jan. 29, 2020, 134 Stat. 83.) § 4646. Petition process (a) In general The Interagency Labor Committee shall estab- lish 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 petitions With respect to information submitted in ac- cordance 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 sub- mission 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 de- termination under paragraph (1), the Com- mittee 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 re- view, in accordance with article 31–A.4 of such Annex, with respect to the covered facility and shall inform the petitioner and the appro- priate congressional committees of the sub- mission 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 es- tablishment of a rapid response labor panel in accordance with such Annex; and (B) if such determination is negative, cer- tify 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 petitions With respect to information submitted in ac- cordance 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 de- termine whether the information warrants further review. (2) If the Committee reaches an affirmative determination under paragraph (1), such fur- ther review shall focus exclusively on deter- mining, 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 pur- poses 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, ini- tiate appropriate enforcement action under such chapter 23 or chapter 31; or (B) submit to the appropriate congres- sional committees a notification including the reasons for which action was not initi- ated within such 60-day period. (Pub. L. 116–113, title VII, § 716, Jan. 29, 2020, 134 Stat. 83.) Page 1166 TITLE 19—CUSTOMS DUTIES § 4647 § 4647. Hotline The Interagency Labor Committee shall estab- lish a web-based hotline, monitored by the De- partment of Labor, to receive confidential infor- mation regarding labor issues among USMCA countries directly from interested parties, in- cluding Mexican workers. (Pub. L. 116–113, title VII, § 717, Jan. 29, 2020, 134 Stat. 85.) § 4648. Reports (a) In general Not 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 appro- priate congressional committees a report that includes— (1) a description of Committee staffing and capacity building activities with Mexico; (2) information regarding the budget re- sources for Mexico’s labor reform and the deadlines in the September 2019 policy state- ments by the Government of Mexico on a na- tional 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 accord- ance 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 Inde- pendent 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 Com- mittee does not concur with such determina- tion, an explanation of the reasons for not concurring in such determination and a com- mitment to provide an oral briefing with re- spect to such explanation upon request. (b) Consultation relating to annual assessment On or after the date that is 5 years after Janu- ary 29, 2020, the Trade Representative and the Secretary of Labor may consult with the appro- priate congressional committees with respect to the frequency of the reports required under sub- section (a) and, with the approval of both such committees, may submit such report on an an- nual basis for the following 5 years. (c) Five-year assessment Not 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 imple- mentation of Mexico’s labor reform, including with respect to— (A) whether Mexico has reviewed and le- gitimized all existing collective bargaining agreements in Mexico; (B) whether Mexico has addressed the pre- existing legal or administrative labor dis- putes; (C) whether Mexico has established the Federal Center for Conciliation and Labor Registration, and an assessment of that Cen- ter’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 oper- ation; 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 pur- suant 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 fund- ing of rapid response labor panelists (a) In general The Interagency Labor Committee shall con- sult with the Labor Advisory Committee estab- lished 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) Funding The United States, in consultation with Mex- ico, shall provide adequate funding for rapid re- sponse labor panelists to carry out the respon- sibilities under the USMCA promptly and fully. (Pub. L. 116–113, title VII, § 719, Jan. 29, 2020, 134 Stat. 86.) PART B—MEXICO LABOR ATTACHES § 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 employ- ees to the United States Embassy or a United States Consulate in Mexico to carry out the duties described in section 4662 of this title. (Pub. L. 116–113, title VII, § 721, Jan. 29, 2020, 134 Stat. 86.) § 4662. Duties The duties described in this section are the following: (1) Assisting the Interagency Labor Com- mittee to monitor and enforce the labor obli- gations 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. (Pub. L. 116–113, title VII, § 722, Jan. 29, 2020, 134 Stat. 86.)