§4631. Definitions — Inbound Citations
19 U.S.C. § 4631
Cited by 61 provisions in release 119-102.
Citations to §4631(1)
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(C) receiving and reviewing quarterly assessments from the labor attachés with respect to the implementation of and compliance with Mexico’s labor reform; and
Citations to §4631(2)
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(1) to monitor the implementation and maintenance of the labor obligations;
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(3) to request enforcement actions with respect to a USMCA country that is not in compliance with such labor obligations.
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(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
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(B) coordinating visits to Mexico as necessary to assess implementation of Mexico’s labor reform and compliance with the labor obligations of Mexico;
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(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.
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(a) 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).
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(a) 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.
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(c) 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.
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(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.
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(1) Assisting the Interagency Labor Committee to monitor and enforce the labor obligations of Mexico.
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(2) Submitting to the Interagency Labor Committee on a quarterly basis reports on the efforts undertaken by Mexico to comply with its labor obligations.
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There is hereby established a board, to be known as the “Independent Mexico Labor Expert Board”, to be responsible for monitoring and evaluating the implementation of Mexico’s labor reform and compliance with its labor obligations. The Board shall also advise the Interagency Labor Committee with respect to capacity-building activities needed to support such implementation and compliance.
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(c) If the Board determines, at the end of the 6-year period beginning on the date of the appointment of the last member appointed in accordance with subsection (a), that Mexico is not fully in compliance with its labor obligations, a majority of the members of the Board may determine to extend its term for 4 additional years. A new Board shall be appointed in accordance with subsection (a) and shall serve for a single term of 4 years.
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(2) may include a determination that Mexico is not in compliance with its labor obligations.
Citations to §4631(3)
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(2) to monitor the implementation and maintenance of Mexico’s labor reform; and
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(B) coordinating visits to Mexico as necessary to assess implementation of Mexico’s labor reform and compliance with the labor obligations of Mexico;
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(C) receiving and reviewing quarterly assessments from the labor attachés with respect to the implementation of and compliance with Mexico’s labor reform; and
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(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.
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(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.
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(A) the implementation of Mexico’s labor reform;
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(B) labor capacity-building activities in Mexico funded by the United States;
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(9) Reviewing reports submitted by the Independent Mexico Labor Expert Board under section 4674 of this title.
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(a) 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.
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(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.
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(2) The extent to which any legal challenges to Mexico’s labor reform have succeeded in that court system.
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(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.
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(a) 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).
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(1) a description of Committee staffing and capacity building activities with Mexico;
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(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;
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(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.
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(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
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(B) whether Mexico has addressed the pre-existing legal or administrative labor disputes;
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(C) whether Mexico has established the Federal Center for Conciliation and Labor Registration, and an assessment of that Center’s operation;
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(D) whether Mexico has established the federal labor courts, and an assessment of their operation; and
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(b) 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.
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(2) detail or assign such officers or employees to the United States Embassy or a United States Consulate in Mexico to carry out the duties described in section 4662 of this title.
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(1) Assisting the Interagency Labor Committee to monitor and enforce the labor obligations of Mexico.
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(2) Submitting to the Interagency Labor Committee on a quarterly basis reports on the efforts undertaken by Mexico to comply with its labor obligations.
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There is hereby established a board, to be known as the “Independent Mexico Labor Expert Board”, to be responsible for monitoring and evaluating the implementation of Mexico’s labor reform and compliance with its labor obligations. The Board shall also advise the Interagency Labor Committee with respect to capacity-building activities needed to support such implementation and compliance.
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(c) If the Board determines, at the end of the 6-year period beginning on the date of the appointment of the last member appointed in accordance with subsection (a), that Mexico is not fully in compliance with its labor obligations, a majority of the members of the Board may determine to extend its term for 4 additional years. A new Board shall be appointed in accordance with subsection (a) and shall serve for a single term of 4 years.
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(B) the manner and extent to which labor laws are generally enforced in Mexico; and
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(2) may include a determination that Mexico is not in compliance with its labor obligations.
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(1) develop, in consultation with the appropriate congressional committees, an enforcement plan regarding goods produced by or with forced labor in Mexico; and
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(2) report to the Interagency Labor Committee with respect to any concerns relating to the enforcement of the prohibition under section 1307 of this title with respect to Mexico, including any allegations that may be filed with respect to forced labor in Mexico.
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(2) based on the findings of each such report, assess the efforts of Mexico to comply with its environmental obligations.
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(A) may request verification of particular shipments of Mexico under the Environment Cooperation and Customs Verification Agreement between the United States and Mexico, done at Mexico City on December 10, 2019, in response to—(i) comments submitted by the public to request verification of particular shipments of Mexico under such Agreement; or(ii) on its own motion; and
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(i) comments submitted by the public to request verification of particular shipments of Mexico under such Agreement; or
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(ii) may request the Trade Representative to, within a reasonable period of time, request Mexico to provide relevant information for purposes of verification of particular shipments of Mexico described in subparagraph (A).
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(A) shall review relevant information provided by Mexico as described in paragraph (1)(B)(ii) to determine if the Trade Representative should request additional steps to verify information provided or related to a particular shipment of Mexico; and
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(B) may request the Trade Representative to, within a reasonable period of time, request Mexico to take such additional steps with respect to the particular shipment.
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(a) The Administrator of the Environmental Protection Agency shall, in coordination with eligible public entities, carry out the planning, design, construction, and operation and maintenance of high priority treatment works in the covered area to treat wastewater (including stormwater), nonpoint sources of pollution, and related matters resulting from international transboundary water flows originating in Mexico.
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(a) 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 Atmospheric1 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).
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(1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico.
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(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.