[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3002 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 3002
To amend the Trade Facilitation and Trade Enforcement Act of 2015 to
increase amounts transferred to the Trade Enforcement Trust Fund and to
require the use of certain amounts in the fund to implement labor
obligations in a free trade agreement with Mexico, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2019
Ms. Cantwell introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Trade Facilitation and Trade Enforcement Act of 2015 to
increase amounts transferred to the Trade Enforcement Trust Fund and to
require the use of certain amounts in the fund to implement labor
obligations in a free trade agreement with Mexico, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Technical Assistance
for Mexican Labor Capacity Building Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Trade Enforcement Trust Fund was established on
February 24, 2016, with the enactment of the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-125).
(2) Congress created the Trade Enforcement Trust Fund--
(A) to provide dedicated resources to enforce the
commitments and obligations under the WTO Agreements
(as defined in section 611(g) of the Trade Facilitation
and Trade Enforcement Act of 2015 (19 U.S.C. 4405(g)))
and free trade agreements to which the United States is
a party;
(B) to monitor and ensure the full implementation
by foreign trading partners of commitments and
obligations under free trade agreements to which the
United States is a party;
(C) to investigate and respond to enforcement
petitions filed under section 302 of the Trade Act of
1974 (19 U.S.C. 2412); and
(D) to support capacity-building efforts undertaken
by the United States pursuant to free trade agreements
to which the United States is a party.
(3) Since its establishment, the Trade Enforcement Trust
Fund (under section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405)) has supported efforts
to investigate discriminatory trade practices and enforce
obligations relating to labor, the environment, intellectual
property, and trade in goods and services among trading
partners of the United States in Africa, Asia, Europe, and
South America.
(4) The renegotiation of the North American Free Trade
Agreement presents an opportunity to further and expand the
goals of the Trade Enforcement Trust Fund with respect to
Mexico and Canada, particularly regarding the implementation
and enforcement by Mexico of labor obligations under the United
States-Mexico-Canada Agreement.
SEC. 3. MODIFICATION OF TRADE ENFORCEMENT TRUST FUND.
(a) Increase of Amounts in Fund.--Subsection (b) of section 611 of
the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C.
4405) is amended--
(1) in paragraph (1), by striking ``$15,000,000'' and
inserting ``$90,000,000''; and
(2) in paragraph (2), by striking ``$30,000,000'' and
inserting ``$105,000,000''.
(b) Modification of Administration of Fund.--Subsection (d)(1) of
such section is amended, in the matter preceding subparagraph (A)--
(1) by striking ``relevant subordinate bodies of the TPC''
and inserting ``, relevant subordinate bodies of the TPC, and
other Federal agencies as required by law''; and
(2) by striking ``, only as provided by appropriations
Acts,''.
(c) Use of Certain Amounts To Implement Labor Obligations in Free
Trade Agreement With Mexico.--Subsection (d) of such section is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) Implementation of labor obligations in free trade
agreement with mexico.--
``(A) Amounts for department of labor.--Not less
than $59,400,000 of the amount transferred to the Trust
Fund under subsection (b)(1) each fiscal year shall be
used by the Department of Labor as follows:
``(i) For the Office of Trade and Labor
Affairs at the Bureau of International Labor
Affairs of the Department of Labor--
``(I) not less than $35,000,000--
``(aa) to monitor the
enforcement by Mexico of
obligations under a free trade
agreement between Mexico and
the United States, including
laws and practices related to
the implementation by Mexico of
labor laws that relate to the
labor obligations in the
agreement;
``(bb) to conduct capacity
building, provide technical
assistance, and promote the use
of digital technologies to
assist Mexico with enforcement
of those labor laws;
``(cc) to assist Mexico in
making available online and in
an easily accessible format all
current collective bargaining
agreements in Federal and local
jurisdictions in Mexico;
``(dd) to inspect
facilities in Mexico to
determine whether those
facilities are complying with
those labor laws;
``(ee) to cooperate with
Canada, the International
Labour Organization, and
international financial
institutions with respect to
monitoring the labor
obligations in the agreement
that apply to Mexico;
``(ff) in coordination with
nongovernmental organizations
that have a history of working
with independent labor unions
on labor rights advocacy, to
fund programs to improve
working conditions, educate
workers about labor rights, and
strengthen the capacity of
independent workers'
organizations in Mexico; and
``(gg) to support a long-
term commitment by the Bureau
of International Labor Affairs
to promote sustainable,
independent worker
organizations in Mexico; and
``(II) not less than $2,100,000 to
provide for 12 full-time equivalent
personnel to monitor, report on, and
assist with the implementation by
Mexico of labor law that relate to the
labor obligations in the agreement.
``(ii) For the Office of Child Labor,
Forced Labor, and Human Trafficking at the
Bureau of International Labor Affairs of the
Department of Labor--
``(I) not less than $20,000,000--
``(aa) to combat child
labor and forced labor in
Mexico and to report on the
prevalence of child labor and
forced labor in Mexico; and
``(bb) to support technical
assistance and cooperation
efforts to combat child labor
and forced labor in Mexico; and
``(II) not less than $1,400,000 to
provide for 8 full-time equivalent
personnel to research, monitor, and
report on the effective enforcement by
Mexico of its child labor laws and
forced labor laws.
``(iii) Not less than $900,000 to provide
for 3 permanent Labor Attaches at the United
States Embassy in Mexico or consulates of the
United States in Mexico to monitor, report on,
and assist with the implementation by Mexico of
labor laws that relate to the labor obligations
in the agreement, including one attache to
monitor, report on, and assist with efforts to
combat child labor in Mexico.
``(B) Amounts for united states agency for
international development.--Not less than $15,600,000
of the amount transferred to the Trust Fund under
subsection (b)(1) each fiscal year shall be used by the
United States Agency for International Development as
follows:
``(i) To monitor anti-corruption
obligations and obligations intended to promote
the rule of law in a free trade agreement
between Mexico and the United States and to
provide capacity building, technical
assistance, and judicial and legal training
related to that monitoring.
``(ii) To conduct capacity building and
provide technical assistance to assist Mexico
with enforcement of labor laws that relate to
the labor obligations in the agreement.
``(C) Use of nongovernmental organizations.--
Amounts may be expended under subparagraphs (A) and (B)
through the award of grants to nongovernmental
organizations.
``(D) Status of labor commitments and coordination
of assistance.--Not less frequently than biannually,
the Secretary of Labor, the Administrator of the United
States Agency for International Development, the United
States Trade Representative, and the Secretary of State
shall meet to discuss the status of labor commitments
under a free trade agreement between Mexico and the
United States and the coordination of activities and
assistance under subparagraphs (A) and (B).
``(E) Annual reports on amounts spent.--
``(i) In general.--Not less frequently than
annually, the Secretary of Labor and the
Administrator of the United States Agency for
International Development shall each submit to
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives and make available to the
public a report on--
``(I) how amounts described in
subparagraphs (A) and (B) were spent
and what outcomes were achieved during
the year covered by the report; and
``(II) proposed future allocations
and priorities for those amounts.
``(ii) Assessment of effectiveness.--The
Secretary of Labor and the Administrator of the
United States Agency for International
Development shall include in each report
submitted under clause (i) an assessment of the
effectiveness of past expenditures and proposed
future allocations in achieving the goals
described in subparagraphs (A) and (B).''.
(d) Annual Report.--Subsection (e) of such section is amended--
(1) in the subsection heading by striking ``Report'' and
inserting ``Reports'';
(2) by striking ``Not'' and inserting ``(1) Report on
Actions Taken With Respect to Agreements.--Not''; and
(3) by adding at the end the following:
``(2) Annual report on actions taken.--Not later than one
year after the date of the enactment of the United States
Technical Assistance for Mexican Labor Capacity Building Act of
2019, and annually thereafter, the United States Trade
Representative, in consultation with the Federal agencies
represented on the TPC, shall submit to Congress a report on
the actions taken under subsection (d) during the year covered
by the report.''.
(e) Supplement Not Supplant.--Increased funding for efforts
relating to trade enforcement, trade capacity building, and foreign
assistance efforts pursuant to the amendments made by this section
shall supplement, not supplant, existing funding for those efforts.
SEC. 4. REPORT ON STATUS OF LABOR OBLIGATIONS WITH RESPECT TO MEXICO.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the Secretary of Labor shall submit
to the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report on the status of the
laws and regulations in Mexico that are intended to implement the labor
obligations of Mexico under a free trade agreement between Mexico and
the United States and an assessment of the effectiveness of those laws
and regulations.
SEC. 5. LABOR ENFORCEMENT TRIGGER WITH RESPECT TO MEXICO.
(a) In General.--Not later than 15 days after the date on which a
majority of the members of the Labor Advisory Committee for Trade
Negotiations and Trade Policy request that the United States Trade
Representative and the Secretary of Labor investigate a covered labor
matter, the Trade Representative and the Secretary shall submit to the
Labor Advisory Committee for Trade Negotiations and Trade Policy, the
Committee on Finance of the Senate, and the Committee on Ways and Means
of the House of Representatives a report--
(1) indicating whether the Trade Representative and the
Secretary plan to investigate the covered labor matter; and
(2) if the Trade Representative and the Secretary do not
plan to investigate the matter, explaining why not.
(b) Matters To Be Included.--A request under subsection (a) shall
include, at a minimum, a description of the covered labor matter
requested to be investigated under that subsection and any related
documentary evidence.
(c) Manner of Request.--A request may be made under subsection (a)
by--
(1) a notification to the United States Trade
Representative, the Secretary of Labor, the Committee on
Finance of the Senate, and the Committee on Ways and Means of
the House of Representatives following a majority vote of the
members of the Labor Advisory Committee for Trade Negotiations
and Trade Policy or their designees; or
(2) a signed letter by the majority of the members of the
Labor Advisory Committee for Trade Negotiations and Trade
Policy or their designees to the United States Trade
Representative, the Secretary of Labor, the Committee on
Finance of the Senate, and the Committee on Ways and Means of
the House of Representatives.
(d) Action in Connection With Request.--If the United States Trade
Representative and the Secretary of Labor decide to investigate a
covered labor matter after the receipt of a request under subsection
(a), the Trade Representative and the Secretary shall--
(1) not later than 120 days after receiving the request,
conclude the investigation; and
(2) not later than 90 days after concluding the
investigation, submit to the Labor Advisory Committee for Trade
Negotiations and Trade Policy, the Committee on Finance of the
Senate, and the Committee on Ways and Means of the House of
Representatives a report--
(A) indicating whether the Trade Representative
intends to pursue dispute resolution consultations with
Mexico with respect to the matter; and
(B) if the Trade Representative does not intend to
pursue dispute resolution consultations, explaining why
not, including the specific reasons, such as resource
constraints or any other factors.
(e) Covered Labor Matter.--In this section, the term ``covered
labor matter'' means a labor matter in Mexico that may indicate a
violation of the labor obligations by Mexico under a free trade
agreement between the United States and Mexico.
SEC. 6. MONITORING, REPORTING, AND TECHNICAL ASSISTANCE WITH RESPECT TO
COMBATING CHILD LABOR AND FORCED LABOR IN MEXICO.
(a) Annual Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Deputy
Undersecretary for International Affairs of the Department of Labor
shall submit to Congress a report on child labor and forced labor in
Mexico, including--
(1) an assessment of the implementation by Mexico of its
international commitments to eliminate the worst forms of child
labor; and
(2) an assessment of the effective enforcement of child
labor laws and forced labor laws in Mexico.
(b) Inclusion of Information in Biennial List.--The head of the
Bureau of International Labor Affairs of the Department of Labor shall
include in the biennial List of Goods Produced by Child Labor or Forced
Labor, as required under section 105(b)(2)(C) of the Trafficking
Victims Protection Reauthorization Act of 2005 (22 U.S.C.
7112(b)(2)(C)), information included in the report under subsection
(a).
(c) Technical Assistance and Cooperation.--Based on the results of
the report under subsection (a), and using amounts under section
611(d)(2)(A)(ii) of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), as amended by section 3(c) of this Act, the head
of the Office of Child Labor, Forced Labor, and Human Trafficking of
the Department of Labor shall provide technical assistance and
cooperation to reduce child labor and forced labor in supply chains and
sectors in Mexico that produce goods likely to be exported to the
United States.
SEC. 7. MODIFICATION OF ANNUAL REPORT ON WORKERS RIGHTS IN CERTAIN
DEVELOPING COUNTRIES.
Section 504 of the Trade Act of 1974 (19 U.S.C. 2464) is amended by
inserting before the period at the end the following: ``and effective
enforcement of child labor laws and forced labor laws''.
SEC. 8. MEETING REQUIREMENTS FOR LABOR ADVISORY COMMITTEES ON TRADE.
Section 135(d) of the Trade Act of 1974 (19 U.S.C. 2155(d)) is
amended--
(1) by striking ``Committees'' and inserting ``(1)
Committees''; and
(2) by adding at the end the following:
``(2) In the case of a committee established under
subsection (c) for labor interests, that committee shall meet
as described in paragraph (1) not less frequently than twice
each year.''.
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