Sec. 5. Labor enforcement trigger with respect to Mexico
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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— indicating whether the Trade Representative and the Secretary plan to investigate the covered labor matter; and if the Trade Representative and the Secretary do not plan to investigate the matter, explaining why not.
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. A request may be made under subsection
(a)by— 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 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. 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— not later than 120 days after receiving the request, conclude the investigation; and 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— indicating whether the Trade Representative intends to pursue dispute resolution consultations with Mexico with respect to the matter; and 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. 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.