,,ii #aafth ,,congress #ast ,session ,s4 #cjjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjai,ms4 ,cantwell introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 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 ,mexico1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,technical ,assistance for ,mexican ,labor ,capacity ,building ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,trade ,enforcement ,trust ,fund was established on ,february #bd1 #bjaf1 with the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7,public ,law #aad-abe74 7#b7 ,congress created the ,trade ,enforcement ,trust ,fund-- 7,a7 to provide dedicated resources to enforce the commitments and obligations under the ,,wto ,agreements 7as defined in section #faa7;g7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #ddje7;g777 and free trade agreements to which the ,united ,states is a party2 7,b7 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 party2 7,c7 to investigate and respond to enforcement petitions filed under section #cjb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdab72 and 7,d7 to support capacity-building efforts undertaken by the ,united ,states pursuant to free trade agreements to which the ,united ,states is a party4 7#c7 ,since its establishment1 the ,trade ,enforcement ,trust ,fund 7under section #faa of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #ddje77 has supported efforts to investigate discriminatory trade practices and enforce obligations relating to labor1 the environment1 intellectual property1 and trade in goods and services among trading partners of the ,united ,states in ,africa1 ,asia1 ,europe1 and ,south ,america4 7#d7 ,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 ,canada1 particularly regarding the implementation and enforcement by ,mexico of labor obligations under the ,united ,states-,mexico-,canada ,agreement4 #c4 ,modification of ,trade ,enforcement ,trust ,fund 7a7 ,increase of amounts in fund ,subsection 7b7 of section #faa of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #ddje7 is amended-- 7#a7 in paragraph 7#a71 by striking #ae1jjj1jjj and inserting #ij1jjj1jjj2 and 7#b7 in paragraph 7#b71 by striking #cj1jjj1jjj and inserting #aje1jjj1jjj4 7b7 ,modification of administration of fund ,subsection 7d77#a7 of such section is amended1 in the matter preceding subparagraph 7,a7-- 7#a7 by striking relevant subordinate bodies of the ,,tpc and inserting 1 relevant subordinate bodies of the ,,tpc1 and other ,federal agencies as required by law2 and 7#b7 by striking 1 only as provided by appropriations ,acts14 7c7 ,use of certain amounts ,to implement labor obligations in free trade agreement with ,mexico ,subsection 7d7 of such section is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,implementation of labor obligations in free trade agreement with ,mexico 7,a7 ,amounts for ,department of ,labor ,not less than #ei1djj1jjj of the amount transferred to the ,trust ,fund under subsection 7b77#a7 each fiscal year shall be used by the ,department of ,labor as follows3 7i7 ,for the ,office of ,trade and ,labor ,affairs at the ,bureau of ,international ,labor ,affairs of the ,department of ,labor-- 7,i7 not less than #ce1jjj1jjj-- 7aa7 to monitor the enforcement by ,mexico of obligations under a free trade agreement between ,mexico and the ,united ,states1 including laws and practices related to the implementation by ,mexico of labor laws that relate to the labor obligations in the agreement2 7bb7 to conduct capacity building1 provide technical assistance1 and promote the use of digital technologies to assist ,mexico with enforcement of those labor laws2 7cc7 to assist ,mexico in making available online and in an easily accessible format all current collective bargaining agreements in ,federal and local jurisdictions in ,mexico2 7dd7 to inspect facilities in ,mexico to determine whether those facilities are complying with those labor laws2 7ee7 to cooperate with ,canada1 the ,international ,labour ,organization1 and international financial institutions with respect to monitoring the labor obligations in the agreement that apply to ,mexico2 7ff7 in coordination with nongovernmental organizations that have a history of working with independent labor unions on labor rights advocacy1 to fund programs to improve working conditions1 educate workers about labor rights1 and strengthen the capacity of independent workers' organizations in ,mexico2 and 7gg7 to support a long-term commitment by the ,bureau of ,international ,labor ,affairs to promote sustainable1 independent worker organizations in ,mexico2 and 7,,ii7 not less than #b1ajj1jjj to provide for #ab full-time equivalent personnel to monitor1 report on1 and assist with the implementation by ,mexico of labor law that relate to the labor obligations in the agreement4 7ii7 ,for the ,office of ,child ,labor1 ,forced ,labor1 and ,human ,trafficking at the ,bureau of ,international ,labor ,affairs of the ,department of ,labor-- 7,i7 not less than #bj1jjj1jjj-- 7aa7 to combat child labor and forced labor in ,mexico and to report on the prevalence of child labor and forced labor in ,mexico2 and 7bb7 to support technical assistance and cooperation efforts to combat child labor and forced labor in ,mexico2 and 7,,ii7 not less than #a1djj1jjj to provide for #h full-time equivalent personnel to research1 monitor1 and report on the effective enforcement by ,mexico of its child labor laws and forced labor laws4 7iii7 ,not less than #ijj1jjj to provide for #c permanent ,labor ,attachs at the ,united ,states ,embassy in ,mexico or consulates of the ,united ,states in ,mexico to monitor1 report on1 and assist with the implementation by ,mexico of labor laws that relate to the labor obligations in the agreement1 including one attach to monitor1 report on1 and assist with efforts to combat child labor in ,mexico4 7,b7 ,amounts for ,united ,states ,agency for ,international ,development ,not less than #ae1fjj1jjj of the amount transferred to the ,trust ,fund under subsection 7b77#a7 each fiscal year shall be used by the ,united ,states ,agency for ,international ,development as follows3 7i7 ,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 building1 technical assistance1 and judicial and legal training related to that monitoring4 7ii7 ,to conduct capacity building and provide technical assistance to assist ,mexico with enforcement of labor laws that relate to the labor obligations in the agreement4 7,c7 ,use of nongovernmental organizations ,amounts may be expended under subparagraphs 7,a7 and 7,b7 through the award of grants to nongovernmental organizations4 7,d7 ,status of labor commitments and coordination of assistance ,not less frequently than biannually1 the ,secretary of ,labor1 the ,administrator of the ,united ,states ,agency for ,international ,development1 the ,united ,states ,trade ,representative1 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 7,a7 and 7,b74 7,e7 ,annual reports on amounts spent 7i7 ,in general ,not less frequently than annually1 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-- 7,i7 how amounts described in subparagraphs 7,a7 and 7,b7 were spent and what outcomes were achieved during the year covered by the report2 and 7,,ii7 proposed future allocations and priorities for those amounts4 7ii7 ,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 7i7 an assessment of the effectiveness of past expenditures and proposed future allocations in achieving the goals described in subparagraphs 7,a7 and 7,b74 4 7d7 ,annual report ,subsection 7e7 of such section is amended-- 7#a7 in the subsection heading by striking ,report and inserting ,reports2 7#b7 by striking ,not and inserting 7#a7 ,report on actions taken with respect to agreements4--,not2 and 7#c7 by adding at the end the following3 7#b7 ,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 #bjai1 and annually thereafter1 the ,united ,states ,trade ,representative1 in consultation with the ,federal agencies represented on the ,,tpc1 shall submit to ,congress a report on the actions taken under subsection 7d7 during the year covered by the report4 4 7e7 ,supplement not supplant ,increased funding for efforts relating to trade enforcement1 trade capacity building1 and foreign assistance efforts pursuant to the amendments made by this section shall supplement1 not supplant1 existing funding for those efforts4 #d4 ,report on status of labor obligations with respect to ,mexico ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter1 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 regulations4 #e4 ,labor enforcement trigger with respect to ,mexico 7a7 ,in general ,not later than #ae 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 matter1 the ,trade ,representative and the ,secretary shall submit to the ,labor ,advisory ,committee for ,trade ,negotiations and ,trade ,policy1 the ,committee on ,finance of the ,senate1 and the ,committee on ,ways and ,means of the ,house of ,representatives a report-- 7#a7 indicating whether the ,trade ,representative and the ,secretary plan to investigate the covered labor matter2 and 7#b7 if the ,trade ,representative and the ,secretary do not plan to investigate the matter1 explaining why not4 7b7 ,matters ,to be included ,a request under subsection 7a7 shall include1 at a minimum1 a description of the covered labor matter requested to be investigated under that subsection and any related documentary evidence4 7c7 ,manner of request ,a request may be made under subsection 7a7 by-- 7#a7 a notification to the ,united ,states ,trade ,representative1 the ,secretary of ,labor1 the ,committee on ,finance of the ,senate1 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 designees2 or 7#b7 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 ,representative1 the ,secretary of ,labor1 the ,committee on ,finance of the ,senate1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 7d7 ,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 7a71 the ,trade ,representative and the ,secretary shall-- 7#a7 not later than #abj days after receiving the request1 conclude the investigation2 and 7#b7 not later than #ij days after concluding the investigation1 submit to the ,labor ,advisory ,committee for ,trade ,negotiations and ,trade ,policy1 the ,committee on ,finance of the ,senate1 and the ,committee on ,ways and ,means of the ,house of ,representatives a report-- 7,a7 indicating whether the ,trade ,representative intends to pursue dispute resolution consultations with ,mexico with respect to the matter2 and 7,b7 if the ,trade ,representative does not intend to pursue dispute resolution consultations1 explaining why not1 including the specific reasons1 such as resource constraints or any other factors4 7e7 ,covered labor matter ,in this section1 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 ,mexico4 #f4 ,monitoring1 reporting1 and technical assistance with respect to combating child labor and forced labor in ,mexico 7a7 ,annual report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,deputy ,undersecretary for ,international ,affairs of the ,department of ,labor shall submit to ,congress a report on child labor and forced labor in ,mexico1 including-- 7#a7 an assessment of the implementation by ,mexico of its international commitments to eliminate the worst forms of child labor2 and 7#b7 an assessment of the effective enforcement of child labor laws and forced labor laws in ,mexico4 7b7 ,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 ,labor1 as required under section #aje7;b77#b77;,c7 of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjje 7#bb ,u4,s4,c4 #gaab7;b77#b77;,c771 information included in the report under subsection 7a74 7c7 ,technical assistance and cooperation ,based on the results of the report under subsection 7a71 and using amounts under section #faa7;d77#b77;,a77ii7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #ddje71 as amended by section #c7;c7 of this ,act1 the head of the ,office of ,child ,labor1 ,forced ,labor1 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 ,states4 #g4 ,modification of annual report on workers rights in certain developing countries ,section #ejd of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfd7 is amended by inserting before the period at the end the following3 and effective enforcement of child labor laws and forced labor laws4 #h4 ,meeting requirements for labor advisory committees on trade ,section #ace7;d7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7;d77 is amended-- 7#a7 by striking ,committees and inserting 7#a7 ,committees2 and 7#b7 by adding at the end the following3 7#b7 ,in the case of a committee established under subsection 7c7 for labor interests1 that committee shall meet as described in paragraph 7#a7 not less frequently than twice each year4 4