19 U.S.C. § 4662 — Duties

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.) Page 1167 TITLE 19—CUSTOMS DUTIES § 4681 1 So in original. Probably should be followed by ‘‘the’’. § 4663. Status Any officer or employee, while detailed or as- signed 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 com- pensation, allowances, and benefits from pro- gram funds appropriated to that agency or made available to that agency for purposes related to the activities of the detail or assignment, in ac- cordance with authorities related to their em- ployment status and agency policies. (Pub. L. 116–113, title VII, § 723, Jan. 29, 2020, 134 Stat. 86.) PART C—INDEPENDENT MEXICO LABOR EXPERT BOARD § 4671. Establishment There is hereby established a board, to be known as the ‘‘Independent Mexico Labor Ex- pert Board’’, to be responsible for monitoring and evaluating the implementation of Mexico’s labor reform and compliance with its labor obli- gations. The Board shall also advise the Inter- agency Labor Committee with respect to capac- ity-building activities needed to support such implementation and compliance. (Pub. L. 116–113, title VII, § 731, Jan. 29, 2020, 134 Stat. 87.) § 4672. Membership; term (a) Membership The 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 ad- visory committee). (2) Two members appointed by the Speaker of the House of Representatives, in consulta- tion 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 indi- viduals recommended by the majority leader of the Senate and in consultation with the Chair of the Committee on Finance of the Sen- ate. (4) Two members appointed by the minority leader of the House of Representatives, in con- sultation 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 indi- viduals recommended by the minority leader of the Senate and in consultation with the Ranking Member of the Committee on Fi- nance of the Senate. (b) Term Except as provided in subsection (c), members of the Board shall serve for a term of 6 years. (c) Extension of term If the Board determines, at the end of the 6- year period beginning on the date of the ap- pointment of the last member appointed in ac- cordance with subsection (a), that Mexico is not fully in compliance with its labor obligations, a majority of the members of the Board may de- termine to extend its term for 4 additional years. A new Board shall be appointed in accord- ance with subsection (a) and shall serve for a single term of 4 years. (Pub. L. 116–113, title VII, § 732, Jan. 29, 2020, 134 Stat. 87.) § 4673. Funding The United States shall provide necessary funding to support the work of the Board, in- cluding with respect to translation services and personnel support. (Pub. L. 116–113, title VII, § 733, Jan. 29, 2020, 134 Stat. 87.) § 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 sec- tion 4672(c) of this title, the Board shall submit to 1 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. (Pub. L. 116–113, title VII, § 734, Jan. 29, 2020, 134 Stat. 87.) PART D—FORCED LABOR § 4681. Forced Labor Enforcement Task Force (a) Establishment Not later than 90 days after January 29, 2020, the President shall establish a Forced Labor En- forcement Task Force to monitor United States enforcement of the prohibition under section 1307 of this title. (b) Members; meetings (1) Members The Task Force shall be chaired by the Sec- retary of Homeland Security and shall be com- prised of representatives from such other agencies with relevant expertise, including the Office of the United States Trade Representa- tive and the Department of Labor, as the President determines appropriate. (2) Meetings The Task Force shall meet on a quarterly basis regarding active Withhold and Release Orders, ongoing investigations, petitions re- ceived, and enforcement priorities, and other relevant issues with respect to enforcing the prohibition under section 1307 of this title. (Pub. L. 116–113, title VII, § 741, Jan. 29, 2020, 134 Stat. 88.)