Part A—Interagency Labor Committee for Monitoring and Enforcement

§4641. Interagency Labor Committee for Monitoring and Enforcement

(a) Establishment

Not 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) Membership

The 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) Meetings

The 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 sharing

Notwithstanding any other provision of law, the members of the Interagency Labor Committee 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, provided:

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-Canada 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 Committee for Monitoring and Enforcement. The Interagency Labor Committee for Monitoring and Enforcement (Committee) is hereby established to coordinate the efforts of the United States to monitor the implementation and maintenance of the labor obligations of Canada and Mexico, to monitor the implementation and maintenance of Mexico's labor reform, and to recommend 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 representatives of the Department of State, the Department of the Treasury, the Department of Agriculture, the Department of Commerce, the Department of Homeland Security, and the United States Agency for International Development. The Co-Chairs may invite representatives from other executive departments or agencies, as appropriate, to participate as members or observers. Each executive department, agency, and component represented on the Committee shall ensure that the necessary staff are available to assist their respective representatives in performing the responsibilities of the Committee. The Committee, by consensus, may designate members to assist it in carrying out the functions described in the Act.

Sec. 3. Committee Decision-Making. The Committee shall endeavor to make any decision on an action or determination 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 proposed action or determination.

Sec. 4. Funding. Each executive department and agency participating in the Committee shall bear its own expenses incurred in connection with the Committee's functions described in sections 711 through 719 of the Act. The Department of Labor will provide funding for the hotline required under section 717 of the Act [19 U.S.C. 4647].

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.      

§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.

(Pub. L. 116–113, title VII, §712, Jan. 29, 2020, 134 Stat. 81.)

§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.

(Pub. L. 116–113, title VII, §713, Jan. 29, 2020, 134 Stat. 82.)

§4644. Assessments

(a) Ongoing assessments

For 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 assessment

On 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 included

The 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.

(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 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 determinations

Not 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.

(Pub. L. 116–113, title VII, §715, Jan. 29, 2020, 134 Stat. 83.)

§4646. Petition process

(a) In general

The 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 petitions

With 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 petitions

With 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.

(Pub. L. 116–113, title VII, §716, Jan. 29, 2020, 134 Stat. 83.)

§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.

(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 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 assessment

On 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 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 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.

(Pub. L. 116–113, title VII, §718, Jan. 29, 2020, 134 Stat. 85.)

§4649. Consultations on appointment and funding of rapid response labor panelists

(a) In general

The 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) Funding

The 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.

(Pub. L. 116–113, title VII, §719, Jan. 29, 2020, 134 Stat. 86.)