[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3002 Introduced in Senate (IS)]

<DOC>






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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