19 USC 4646 - Petition process

U.S Code last checked for updates: Jan 31, 2025

§ 4646.

Petition process

(a)

In general

(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.)

cite as: 19 USC 4646