§4646 Petition Process

Summary

The Interagency Labor Committee must set up a process for the public to send information about possible failures by a USMCA country to follow its labor rules. The law refers to "covered facility" and "denial of rights" as defined in Annex 31–A. For petitions about a denial of rights at a covered facility, the Committee has 30 days to decide if the information is credible enough to use enforcement tools. If it is not, the Committee tells the petitioner and the right congressional committees. If it is, the Trade Representative must ask for the Annex 31–A review and tell the petitioner and the congressional committees. Within 60 days of that positive finding, the Trade Representative must decide whether to ask for a rapid response labor panel. If the Trade Representative decides not to, they must tell Congress why and share any agreed remediation plan. For petitions about other labor violations, the Committee must review the information within 20 days to see if it needs more review. If so, the review must determine within 60 days whether there is enough credible evidence to start enforcement under chapter 23 or chapter 31 of the USMCA. If the Committee finds enough evidence, the Trade Representative must start the proper enforcement action within 60 days or notify the congressional committees explaining why no action was taken.