[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5430 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 284
116th CONGRESS
  1st Session
                                H. R. 5430

                      [Report No. 116-358, Part I]

 To implement the Agreement between the United States of America, the 
United Mexican States, and Canada attached as an Annex to the Protocol 
           Replacing the North American Free Trade Agreement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2019

 Mr. Hoyer (for himself and Mr. McCarthy) (both by request) introduced 
  the following bill; which was referred to the Committee on Ways and 
   Means, and in addition to the Committees on Education and Labor, 
    Natural Resources, Foreign Affairs, the Judiciary, the Budget, 
  Transportation and Infrastructure, Financial Services, Agriculture, 
   Energy and Commerce, and Oversight and Reform, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                           December 19, 2019

             Reported from the Committee on Ways and Means

                           December 19, 2019

Committees on Education and Labor, Natural Resources, Foreign Affairs, 
the Judiciary, the Budget, Transportation and Infrastructure, Financial 
 Services, Agriculture, Energy and Commerce, and Oversight and Reform 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
 To implement the Agreement between the United States of America, the 
United Mexican States, and Canada attached as an Annex to the Protocol 
           Replacing the North American Free Trade Agreement.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-
Mexico-Canada Agreement Implementation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
  TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA

Sec. 101. Approval and entry into force of the USMCA.
Sec. 102. Relationship of the USMCA to United States and State law.
Sec. 103. Implementing actions in anticipation of entry into force; 
                            initial regulations; tariff proclamation 
                            authority.
Sec. 104. Consultation and layover provisions for, and effective date 
                            of, proclaimed actions.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Trade Representative authority.
Sec. 107. Effective date.
                      TITLE II--CUSTOMS PROVISIONS

Sec. 201. Exclusion of originating goods of USMCA countries from 
                            special agriculture safeguard authority.
Sec. 202. Rules of origin.
Sec. 202A. Special rules for automotive goods.
Sec. 203. Merchandise processing fee.
Sec. 204. Disclosure of incorrect information; false certifications of 
                            origin; denial of preferential tariff 
                            treatment.
Sec. 205. Reliquidation of entries.
Sec. 206. Recordkeeping requirements.
Sec. 207. Actions regarding verification of claims under the USMCA.
Sec. 208. Drawback [reserved].
Sec. 209. Other amendments to the Tariff Act of 1930.
Sec. 210. Regulations.
        TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES

 Subtitle A--Relief From Injury Caused by Import Competition [reserved]

       Subtitle B--Temporary Entry of Business Persons [reserved]

   Subtitle C--United States-Mexico Cross-border Long-haul Trucking 
                                Services

Sec. 321. Definitions.
Sec. 322. Investigations and determinations by Commission.
Sec. 323. Commission recommendations and report.
Sec. 324. Action by President with respect to affirmative 
                            determination.
Sec. 325. Confidential business information.
Sec. 326. Conforming amendments.
Sec. 327. Survey of operating authorities.
            TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES

                  Subtitle A--Preventing Duty Evasion

Sec. 401. Cooperation on duty evasion.
               Subtitle B--Dispute Settlement [reserved]

                   Subtitle C--Conforming Amendments

Sec. 421. Judicial review in antidumping duty and countervailing duty 
                            cases.
Sec. 422. Conforming amendments to other provisions of the Tariff Act 
                            of 1930.
Sec. 423.  Conforming amendments to title 28, United States Code.
                     Subtitle D--General Provisions

Sec. 431. Effect of termination of USMCA country status.
Sec. 432. Effective date.
           TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS

Sec. 501. Drawback.
Sec. 502. Relief from injury caused by import competition.
Sec. 503. Temporary entry.
Sec. 504. Dispute settlement in antidumping and countervailing duty 
                            cases.
Sec. 505. Government procurement.
Sec. 506. Actions affecting United States cultural industries.
Sec. 507. Regulatory treatment of uranium purchases.
Sec. 508. Report on amendments to existing law.
             TITLE VI--TRANSITION TO AND EXTENSION OF USMCA

                  Subtitle A--Transitional Provisions

Sec. 601. Repeal of North American Free Trade Agreement Implementation 
                            Act.
Sec. 602. Continued suspension of the United States-Canada Free-Trade 
                            Agreement.
         Subtitle B--Joint Reviews Regarding Extension of USMCA

Sec. 611. Participation in joint reviews with Canada and Mexico 
                            regarding extension of the term of the 
                            USMCA and other action regarding the USMCA.
                    Subtitle C--Termination of USMCA

Sec. 621. Termination of USMCA.
              TITLE VII--LABOR MONITORING AND ENFORCEMENT

Sec. 701. Definitions.
 Subtitle A--Interagency Labor Committee for Monitoring and Enforcement

Sec. 711. Interagency labor committee for monitoring and enforcement.
Sec. 712. Duties.
Sec. 713. Enforcement priorities.
Sec. 714. Assessments.
Sec. 715. Recommendation for enforcement action.
Sec. 716. Petition process.
Sec. 717. Hotline.
Sec. 718. Reports.
Sec. 719. Consultations on appointment and funding of rapid response 
                            labor panelists.
                   Subtitle B--Mexico Labor Attaches

Sec. 721. Establishment.
Sec. 722. Duties.
Sec. 723. Status.
           Subtitle C--Independent Mexico Labor Expert Board

Sec. 731. Establishment.
Sec. 732. Membership; term.
Sec. 733. Funding.
Sec. 734. Reports.
                        Subtitle D--Forced Labor

Sec. 741. Forced labor enforcement task force.
Sec. 742. Timeline required.
Sec. 743. Reports required.
Sec. 744. Duties related to Mexico.
      Subtitle E--Enforcement Under Rapid Response Labor Mechanism

Sec. 751. Transmission of reports.
Sec. 752. Suspension of liquidation.
Sec. 753. Final remedies.
           TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT

Sec. 801. Definitions.
   Subtitle A--Interagency Environment Committee for Monitoring and 
                              Enforcement

Sec. 811. Establishment.
Sec. 812. Assessment.
Sec. 813. Monitoring actions.
Sec. 814. Enforcement actions.
Sec. 815. Other monitoring and enforcement actions.
Sec. 816. Report to Congress.
Sec. 817. Regulations.
                       Subtitle B--Other Matters

Sec. 821. Border water infrastructure improvement authority.
Sec. 822. Detail of personnel to Office of the United States Trade 
                            Representative.
              Subtitle C--North American Development Bank

Sec. 831. General capital increase.
Sec. 832. Policy goals.
Sec. 833. Efficiencies and streamlining.
Sec. 834. Performance measures.
         TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

SEC. 2. PURPOSE.

    The purpose of this Act is to approve and implement the Agreement 
between the United States of America, the United Mexican States, and 
Canada entered into under the authority of section 103(b) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 
2015 (19 U.S.C. 4202(b)).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives.
            (2) HTS.--The term ``HTS'' means the Harmonized Tariff 
        Schedule of the United States.
            (3) Identical goods.--The term ``identical goods'' means 
        goods that are the same in all respects relevant to the rule of 
        origin that qualifies the goods as originating goods.
            (4) International trade commission.--The term 
        ``International Trade Commission'' means the United States 
        International Trade Commission.
            (5) Mexico.--The term ``Mexico'' means the United Mexican 
        States.
            (6) NAFTA.--The term ``NAFTA'' means the North American 
        Free Trade Agreement approved by Congress under section 
        101(a)(1) of the North American Free Trade Agreement 
        Implementation Act (19 U.S.C. 3311(a)(1)).
            (7) Preferential tariff treatment.--The term ``preferential 
        tariff treatment'' means the customs duty rate that is 
        applicable to an originating good (as defined in section 
        202(a)) under the USMCA.
            (8) Trade representative.--The term ``Trade 
        Representative'' means the United States Trade Representative.
            (9) USMCA.--The term ``USMCA'' means the Agreement between 
        the United States of America, the United Mexican States, and 
        Canada, which is--
                    (A) attached as an Annex to the Protocol Replacing 
                the North American Free Trade Agreement with the 
                Agreement between the United States of America, the 
                United Mexican States, and Canada, done at Buenos Aires 
                on November 30, 2018, as amended by the Protocol of 
                Amendment to the Agreement Between the United States of 
                America, the United Mexican States, and Canada, done at 
                Mexico City on December 10, 2019; and
                    (B) approved by Congress under section 101(a)(1).
            (10) USMCA country.--Except as otherwise provided, the term 
        ``USMCA country'' means--
                    (A) Canada for such time as the USMCA is in force 
                with respect to, and the United States applies the 
                USMCA to, Canada; and
                    (B) Mexico for such time as the USMCA is in force 
                with respect to, and the United States applies the 
                USMCA to, Mexico.

  TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE USMCA

SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE USMCA.

    (a) Approval of USMCA and Statement of Administrative Action.--
Pursuant to section 106 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 4205) and section 
151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves--
            (1) the Protocol Replacing the North American Free Trade 
        Agreement with the Agreement between the United States of 
        America, the United Mexican States, and Canada, done at Buenos 
        Aires on November 30, 2018, as submitted to Congress on 
        December 13, 2019;
            (2) the Agreement between the United States of America, the 
        United Mexican States, and Canada, attached as an Annex to the 
        Protocol, as amended by the Protocol of Amendment to the 
        Agreement between the United States of America, the United 
        Mexican States, and Canada, done at Mexico City on December 10, 
        2019, as submitted to Congress on December 13, 2019; and
            (3) the statement of administrative action proposed to 
        implement that Agreement, as submitted to Congress on December 
        13, 2019.
    (b) Conditions for Entry Into Force of the Agreement.--The 
President is authorized to provide for the USMCA to enter into force 
with respect to Canada and Mexico not earlier than 30 days after the 
date on which the President submits to Congress the written notice 
required by section 106(a)(1)(G) of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 4205(a)(1)(G)), 
which shall include the date on which the USMCA will enter into force.

SEC. 102. RELATIONSHIP OF THE USMCA TO UNITED STATES AND STATE LAW.

    (a) Relationship of USMCA to United States Law.--
            (1) United states law to prevail in conflict.--No provision 
        of the USMCA, nor the application of any such provision to any 
        person or circumstance, which is inconsistent with any law of 
        the United States, shall have effect.
            (2) Construction.--Nothing in this Act shall be construed--
                    (A) to amend or modify any law of the United 
                States, or
                    (B) to limit any authority conferred under any law 
                of the United States,
        unless specifically provided for in this Act.
    (b) Relationship of USMCA to State Law.--
            (1) Legal challenge.--No State law, or the application 
        thereof, may be declared invalid as to any person or 
        circumstance on the ground that the provision or application is 
        inconsistent with the USMCA, except in an action brought by the 
        United States for the purpose of declaring such law or 
        application invalid.
            (2) Definition of state law.--For purposes of this 
        subsection, the term ``State law'' includes--
                    (A) any law of a political subdivision of a State; 
                and
                    (B) any State law regulating or taxing the business 
                of insurance.
    (c) Effect of USMCA With Respect to Private Remedies.--No person 
other than the United States--
            (1) shall have any cause of action or defense under the 
        USMCA or by virtue of congressional approval thereof; or
            (2) may challenge, in any action brought under any 
        provision of law, any action or inaction by any department, 
        agency, or other instrumentality of the United States, any 
        State, or any political subdivision of a State, on the ground 
        that such action or inaction is inconsistent with the USMCA.

SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE; 
              INITIAL REGULATIONS; TARIFF PROCLAMATION AUTHORITY.

    (a) Implementing Actions.--
            (1) Proclamation authority.--After the date of the 
        enactment of this Act--
                    (A) the President may proclaim such actions, and
                    (B) other appropriate officers of the United States 
                Government may prescribe such regulations,
        as may be necessary to ensure that any provision of this Act, 
        or amendment made by this Act, that takes effect on the date on 
        which the USMCA enters into force is appropriately implemented 
        on such date, but no such proclamation or regulation may have 
        an effective date earlier than the date on which the USMCA 
        enters into force.
            (2) Effective date of certain proclaimed actions.--Any 
        action proclaimed by the President under the authority of this 
        Act that is not subject to the consultation and layover 
        provisions under section 104 may not take effect before the 
        15th day after the date on which the text of the proclamation 
        is published in the Federal Register.
            (3) Waiver of 15-day restriction.--The 15-day restriction 
        contained in paragraph (2) on the taking effect of proclaimed 
        actions is waived to the extent that the application of such 
        restriction would prevent the taking effect on the date on 
        which the USMCA enters into force of any action proclaimed 
        under this section.
    (b) Initial Regulations.--
            (1) In general.--Except as provided by paragraph (2) or 
        (3), initial regulations necessary or appropriate to carry out 
        the actions required by or authorized under this Act or 
        proposed in the statement of administrative action approved 
        under section 101(a)(2) to implement the USMCA shall, to the 
        maximum extent feasible, be prescribed within 1 year after the 
        date on which the USMCA enters into force.
            (2) Uniform regulations.--Interim or initial regulations to 
        implement the Uniform Regulations regarding rules of origin 
        provided for under article 5.16 of the USMCA shall be 
        prescribed not later than the date on which the USMCA enters 
        into force.
            (3) Implementing actions with effective dates after entry 
        into force.--In the case of any implementing action that takes 
        effect on a date after the date on which the USMCA enters into 
        force, initial regulations to carry out that action shall, to 
        the maximum extent feasible, be prescribed within 1 year after 
        such effective date.
    (c) Tariff Modifications.--
            (1) Tariff modifications provided for in the usmca.--The 
        President may proclaim--
                    (A) such modifications or continuation of any duty,
                    (B) such continuation of duty-free or excise 
                treatment, or
                    (C) such additional duties,
        as the President determines to be necessary or appropriate to 
        carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, 
        and 6.3, the Schedule of the United States to Annex 2-B, 
        including the appendices to that Annex, Annex 2-C, and Annex 6-
        A, of the USMCA.
            (2) Other tariff modifications.--Subject to the 
        consultation and layover provisions of section 104, the 
        President may proclaim--
                    (A) such modifications or continuation of any duty,
                    (B) such modifications as the United States may 
                agree to with a USMCA country regarding the staging of 
                any duty treatment set forth in the Schedule of the 
                United States to Annex 2-B of the USMCA, including the 
                appendices to that Annex,
                    (C) such continuation of duty-free or excise 
                treatment, or
                    (D) such additional duties,
        as the President determines to be necessary or appropriate to 
        maintain the general level of reciprocal and mutually 
        advantageous concessions with respect to a USMCA country 
        provided for by the USMCA.
            (3) Conversion to ad valorem rates.--For purposes of 
        paragraphs (1) and (2), with respect to any good for which the 
        base rate in the Schedule of the United States to Annex 2-B of 
        the USMCA is a specific or compound rate of duty, the President 
        shall substitute for the base rate an ad valorem rate that the 
        President determines to be equivalent to the base rate.
            (4) Tariff-rate quotas.--In implementing the tariff-rate 
        quotas set forth in the Schedule of the United States to Annex 
        2-B of the USMCA, the President shall take such actions as may 
        be necessary to ensure that imports of agricultural goods do 
        not disrupt the orderly marketing of agricultural goods in the 
        United States.
            (5) Presidential proclamation authority relating to rules 
        of origin.--
                    (A) In general.--The President may proclaim, as 
                part of the HTS--
                            (i) the provisions set forth in Annex 4-B 
                        of the USMCA;
                            (ii) the provisions set forth in paragraph 
                        2 of article 3.A.6 of Annex 3-A of the USMCA;
                            (iii) the provisions set forth in paragraph 
                        5 of Annex 3-B of the USMCA;
                            (iv) the provisions set forth in paragraphs 
                        14(b), 14(c), and 15(e) of Section B of 
                        Appendix 2 to Annex 2-B of the USMCA; and
                            (v) any additional subordinate category 
                        that is necessary to carry out section 202 and 
                        section 202A consistent with the USMCA.
                    (B) Modifications.--
                            (i) In general.--Subject to the 
                        consultation and layover provisions of section 
                        104, the President may proclaim modifications 
                        to the provisions proclaimed under the 
                        authority of subparagraph (A), other than the 
                        provisions of chapters 50 through 63 of the 
                        USMCA.
                            (ii) Special rule for textiles.--
                        Notwithstanding clause (i), and subject to the 
                        consultation and layover provisions of section 
                        104, the President may proclaim--
                                    (I) such modifications to the 
                                provisions proclaimed under the 
                                authority of subparagraph (A) as are 
                                necessary to implement an agreement 
                                with one or more USMCA countries 
                                pursuant to article 6.4 of the USMCA; 
                                and
                                    (II) before the end of the 1-year 
                                period beginning on the date on which 
                                the USMCA enters into force, 
                                modifications to correct any 
                                typographical, clerical, or other 
                                nonsubstantive technical error 
                                regarding the provisions of chapters 50 
                                through 63 of the USMCA.

SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE 
              OF, PROCLAIMED ACTIONS.

    If a provision of this Act provides that the implementation of an 
action by the President by proclamation is subject to the consultation 
and layover requirements of this section, that action may be proclaimed 
only if--
            (1) the President has obtained advice regarding the 
        proposed action from--
                    (A) the appropriate advisory committees established 
                under section 135 of the Trade Act of 1974 (19 U.S.C. 
                2155); and
                    (B) the International Trade Commission, which shall 
                hold a public hearing on the proposed action before 
                providing advice regarding the proposed action;
            (2) the President has submitted to the Committee on Finance 
        of the Senate and the Committee on Ways and Means of the House 
        of Representatives a report that sets forth--
                    (A) the proposed action and the reasons therefor; 
                and
                    (B) the advice obtained under paragraph (1);
            (3) a period of 60 calendar days, beginning on the first 
        day on which the requirements set forth in paragraphs (1) and 
        (2) have been met, has expired; and
            (4) the President has consulted with the committees 
        referred to in paragraph (2) regarding the proposed action 
        during the period referred to in paragraph (3).

SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

    (a) United States Section of Secretariat.--
            (1) Establishment or designation of office.--The President 
        is authorized to establish or designate within the Department 
        of Commerce an office to serve as the United States Section of 
        the Secretariat established under article 30.6 of the USMCA.
            (2) Functions and administrative assistance.--The office 
        established or designated under paragraph (1), subject to the 
        oversight of the interagency group established under section 
        411(c)(2), shall--
                    (A) carry out its functions within the Secretariat 
                to facilitate the operation of the USMCA, including the 
                operation of section D of chapter 10 and chapter 31 of 
                the USMCA; and
                    (B) provide administrative assistance to--
                            (i) panels established under chapter 31 of 
                        the USMCA, including under Annex 31-A (relating 
                        to the Facility-Specific Rapid Response Labor 
                        Mechanism);
                            (ii) technical advisers and experts 
                        provided for under chapter 31 of the USMCA;
                            (iii) binational panels and extraordinary 
                        challenge committees established under section 
                        D of chapter 10 of the USMCA; and
                            (iv) binational panels and extraordinary 
                        challenge committees established under NAFTA 
                        for matters covered by article 34.1 of the 
                        USMCA (relating to transition from NAFTA).
            (3) Treatment of office under freedom of information act.--
        The office established or designated under paragraph (1) shall 
        not be considered an agency for purposes of section 552 of 
        title 5, United States Code.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year after fiscal year 2020 to the 
Department of Commerce $2,000,000 for--
            (1) the operations of the office established or designated 
        under subsection (a)(1); and
            (2) the payment of the United States share of the expenses 
        of--
                    (A) panels established under chapter 31 of the 
                USMCA, including under Annex 31-A (relating to the 
                Facility-Specific Rapid Response Labor Mechanism);
                    (B) binational panels and extraordinary challenge 
                committees established under section D of chapter 10 of 
                the USMCA; and
                    (C) binational panels and extraordinary challenge 
                committees established under NAFTA for matters covered 
                by article 34.1 of the USMCA (relating to transition 
                from NAFTA).
    (c) Reimbursement of Certain Expenses.--If the Canadian Section or 
the Mexican Section of the Secretariat provides funds to the United 
States Section during any fiscal year as reimbursement for expenses in 
connection with dispute settlement proceedings under section D of 
chapter 10 or chapter 31 of the USMCA, or under chapter 19 of NAFTA, 
the United States Section may, notwithstanding section 3302 of title 
31, United States Code, retain and use such funds to carry out the 
functions described in subsection (a)(2).

SEC. 106. TRADE REPRESENTATIVE AUTHORITY.

    If a country (other than the United States) that has signed the 
USMCA does not enact implementing legislation, the Trade Representative 
is authorized to enter into negotiations with the other country that 
has signed the USMCA to consider how the applicable provisions of the 
USMCA can come into force with respect to the United States and that 
other country as promptly as possible.

SEC. 107. EFFECTIVE DATE.

    (a) In General.--Sections 1 through 3 and this title (other than 
section 103(c)) shall take effect on the date of the enactment of this 
Act.
    (b) Proclamation Authority.--Section 103(c) shall take effect on 
the date on which the USMCA enters into force.

                      TITLE II--CUSTOMS PROVISIONS

SEC. 201. EXCLUSION OF ORIGINATING GOODS OF USMCA COUNTRIES FROM 
              SPECIAL AGRICULTURE SAFEGUARD AUTHORITY.

    (a) In General.--Section 405(e) of the Uruguay Round Agreements Act 
(19 U.S.C. 3602(e)) is amended to read as follows:
    ``(e) Exclusion of Originating Goods of USMCA Countries.--
            ``(1) In general.--The President shall exempt from any duty 
        imposed under this section any good that qualifies as an 
        originating good under section 202 of the United States-Mexico-
        Canada Agreement Implementation Act of a USMCA country with 
        respect to which preferential tariff treatment is provided 
        under the USMCA.
            ``(2) Definitions.--In this subsection, the terms 
        `preferential tariff treatment', `USMCA', and `USMCA country' 
        have the meanings given those terms in section 3 of the United 
        States-Mexico-Canada Agreement Implementation Act.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) 
        shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a good entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after that date.
            (2) Transition from nafta treatment.--In the case of a good 
        entered for consumption, or withdrawn from warehouse for 
        consumption, before the date on which the USMCA enters into 
        force--
                    (A) the amendment made by subsection (a) to section 
                405(e) of the Uruguay Round Agreements Act (19 U.S.C. 
                3602(e)) shall not apply with respect to the good; and
                    (B) section 405(e) of such Act, as in effect on the 
                day before that date, shall continue to apply on and 
                after that date with respect to the good.

SEC. 202. RULES OF ORIGIN.

    (a) Definitions.--In this section:
            (1) Aquaculture.--The term ``aquaculture'' means the 
        farming of aquatic organisms, including fish, molluscs, 
        crustaceans, other aquatic invertebrates, and aquatic plants 
        from seed stock such as eggs, fry, fingerlings, or larvae, by 
        intervention in the rearing or growth processes to enhance 
        production such as regular stocking, feeding, or protection 
        from predators.
            (2) Customs valuation agreement.--The term ``Customs 
        Valuation Agreement'' means the Agreement on Implementation of 
        Article VII of the General Agreement on Tariffs and Trade 1994 
        referred to in section 101(d)(8) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3511(d)(8)).
            (3) Fungible good or fungible material.--The term 
        ``fungible good'' or ``fungible material'' means a good or 
        material, as the case may be, that is interchangeable with 
        another good or material for commercial purposes and the 
        properties of which are essentially identical to such other 
        good or material.
            (4) Good wholly obtained or produced entirely in the 
        territory of one or more usmca countries.--The term ``good 
        wholly obtained or produced entirely in the territory of one or 
        more USMCA countries'' means any of the following:
                    (A) A mineral good or other naturally occurring 
                substance extracted or taken from the territory of one 
                or more USMCA countries.
                    (B) A plant, plant good, vegetable, or fungus 
                grown, cultivated, harvested, picked, or gathered in 
                the territory of one or more USMCA countries.
                    (C) A live animal born and raised in the territory 
                of one or more USMCA countries.
                    (D) A good obtained in the territory of one or more 
                USMCA countries from a live animal.
                    (E) An animal obtained by hunting, trapping, 
                fishing, gathering, or capturing in the territory of 
                one or more USMCA countries.
                    (F) A good obtained in the territory of one or more 
                USMCA countries from aquaculture.
                    (G) A fish, shellfish, or other marine life taken 
                from the sea, seabed, or subsoil outside the territory 
                of one or more USMCA countries and outside the 
                territorial sea of any country that is not a USMCA 
                country by--
                            (i) a vessel that is registered or recorded 
                        with a USMCA country and flying the flag of 
                        that country; or
                            (ii) a vessel that is documented under the 
                        laws of the United States.
                    (H) A good produced on board a factory ship from 
                goods referred to in subparagraph (G), if such factory 
                ship--
                            (i) is registered or recorded with a USMCA 
                        country and flies the flag of that country; or
                            (ii) is a vessel that is documented under 
                        the laws of the United States.
                    (I) A good, other than a good referred to in 
                subparagraph (G), that is taken by a USMCA country, or 
                a person of a USMCA country, from the seabed or subsoil 
                outside the territory of a USMCA country, if that USMCA 
                country has the right to exploit such seabed or 
                subsoil.
                    (J) Waste and scrap derived from--
                            (i) production in the territory of one or 
                        more USMCA countries; or
                            (ii) used goods collected in the territory 
                        of one or more USMCA countries, if such goods 
                        are fit only for the recovery of raw materials.
                    (K) A good produced in the territory of one or more 
                USMCA countries exclusively from goods referred to in 
                any of subparagraphs (A) through (J), or from their 
                derivatives, at any stage of production.
            (5) Indirect material.--The term ``indirect material'' 
        means a material used or consumed in the production, testing, 
        or inspection of a good but not physically incorporated into 
        the good, or a material used or consumed in the maintenance of 
        buildings or the operation of equipment associated with the 
        production of a good, including--
                    (A) fuel and energy;
                    (B) tools, dies, and molds;
                    (C) spare parts and materials used or consumed in 
                the maintenance of equipment or buildings;
                    (D) lubricants, greases, compounding materials, and 
                other materials used or consumed in production or to 
                operate equipment or buildings;
                    (E) gloves, glasses, footwear, clothing, safety 
                equipment, and supplies;
                    (F) equipment, devices, and supplies used for 
                testing or inspecting the good;
                    (G) catalysts and solvents; and
                    (H) any other material that is not incorporated 
                into the good, if the use of the material in the 
                production of the good can reasonably be demonstrated 
                to be a part of that production.
            (6) Intermediate material.--The term ``intermediate 
        material'' means a material that is self-produced, used or 
        consumed in the production of a good, and designated as an 
        intermediate material pursuant to subsection (d)(9).
            (7) Material.--The term ``material'' means a good that is 
        used or consumed in the production of another good and includes 
        a part or an ingredient.
            (8) Net cost.--The term ``net cost'' means total cost minus 
        sales promotion, marketing, and after-sales service costs, 
        royalties, shipping and packing costs, and nonallowable 
        interest costs that are included in the total cost.
            (9) Net cost of a good.--The term ``net cost of a good'' 
        means the net cost that can be reasonably allocated to a good 
        using one of the methods set forth in subsection (d)(7).
            (10) Nonallowable interest costs.--The term ``nonallowable 
        interest costs'' means interest costs incurred by a producer 
        that exceed 700 basis points above the applicable official 
        interest rate for comparable maturities of the country in which 
        the producer is located.
            (11) Nonoriginating good or nonoriginating material.--The 
        term ``nonoriginating good'' or ``nonoriginating material'' 
        means a good or material, as the case may be, that does not 
        qualify as originating under this section.
            (12) Originating good; originating material.--The term 
        ``originating good'' or ``originating material'' means a good 
        or material, as the case may be, that qualifies as originating 
        under this section.
            (13) Packaging materials and containers.--The term 
        ``packaging materials and containers'' means materials and 
        containers in which a good is packaged for retail sale.
            (14) Packing materials and containers.--The term ``packing 
        materials and containers'' means materials and containers that 
        are used to protect a good during transportation.
            (15) Producer.--The term ``producer'' means a person who 
        engages in the production of a good.
            (16) Production.--The term ``production'' means--
                    (A) growing, cultivating, raising, mining, 
                harvesting, fishing, trapping, hunting, capturing, 
                breeding, extracting, manufacturing, processing, or 
                assembling a good; or
                    (B) the farming of aquatic organisms through 
                aquaculture.
            (17) Reasonably allocate.--The term ``reasonably allocate'' 
        means to apportion in a manner appropriate to the 
        circumstances.
            (18) Recovered material.--The term ``recovered material'' 
        means a material in the form of individual parts that are the 
        result of--
                    (A) the disassembly of a used good into individual 
                parts; and
                    (B) the cleaning, inspecting, testing, or other 
                processing that is necessary for improvement to sound 
                working condition of such individual parts.
            (19) Remanufactured good.--The term ``remanufactured good'' 
        means a good classified in the HTS under any of chapters 84 
        through 90 or under heading 9402, other than a good classified 
        under heading 8418, 8509, 8510, 8516, or 8703 or subheading 
        8414.51, 8450.11, 8450.12, 8508.11, or 8517.11, that--
                    (A) is entirely or partially composed of recovered 
                materials;
                    (B) has a life expectancy similar to, and performs 
                in a manner that is the same as or similar to, such a 
                good when new; and
                    (C) has a factory warranty similar to that 
                applicable to such a good when new.
            (20) Royalties.--The term ``royalties'' means payments of 
        any kind, including payments under technical assistance or 
        similar agreements, made as consideration for the use of, or 
        right to use, a copyright, literary, artistic, or scientific 
        work, patent, trademark, design, model, plan, or secret formula 
        or secret process, excluding payments under technical 
        assistance or similar agreements that can be related to a 
        specific service such as--
                    (A) personnel training, without regard to where the 
                training is performed; or
                    (B) if performed in the territory of one or more 
                USMCA countries, engineering, tooling, die-setting, 
                software design and similar computer services, or other 
                services.
            (21) Sales promotion, marketing, and after-sales service 
        costs.--The term ``sales promotion, marketing, and after-sales 
        service costs'' means the costs related to sales promotion, 
        marketing, and after-sales service for the following:
                    (A) Sales and marketing promotion, media 
                advertising, advertising and market research, 
                promotional and demonstration materials, exhibits, 
                sales conferences, trade shows, conventions, banners, 
                marketing displays, free samples, sales, marketing, and 
                after-sales service literature (product brochures, 
                catalogs, technical literature, price lists, service 
                manuals, and sales aid information), establishment and 
                protection of logos and trademarks, sponsorships, 
                wholesale and retail charges, and entertainment.
                    (B) Sales and marketing incentives, consumer, 
                retailer, or wholesaler rebates, and merchandise 
                incentives.
                    (C) Salaries and wages, sales commissions, bonuses, 
                benefits (such as medical, insurance, and pension 
                benefits), traveling and living expenses, and 
                membership and professional fees for sales promotion, 
                marketing, and after-sales service personnel.
                    (D) Product liability insurance.
                    (E) Rent and depreciation of sales promotion, 
                marketing, and after-sales service offices and 
                distribution centers.
                    (F) Payments by the producer to other persons for 
                warranty repairs.
                    (G) If the costs are identified separately for 
                sales promotion, marketing, or after-sales service of 
                goods on the financial statements or cost accounts of 
                the producer, the following:
                            (i) Property insurance premiums, taxes, 
                        utilities, and repair and maintenance of sales 
                        promotion, marketing, and after-sales service 
                        offices and distribution centers.
                            (ii) Recruiting and training of sales 
                        promotion, marketing, and after-sales service 
                        personnel, and after-sales training of 
                        customers' employees.
                            (iii) Office supplies for sales promotion, 
                        marketing, and after-sales service of goods.
                            (iv) Telephone, mail, and other 
                        communications.
            (22) Self-produced material.--The term ``self-produced 
        material'' means a material that is produced by the producer of 
        a good and used in the production of that good.
            (23) Shipping and packing costs.--The term ``shipping and 
        packing costs'' means the costs incurred in packing a good for 
        shipment and shipping the good from the point of direct 
        shipment to the buyer, excluding the costs of preparing and 
        packaging the good for retail sale.
            (24) Territory.--The term ``territory'', with respect to a 
        USMCA country, has the meaning given that term in section C of 
        chapter 1 of the USMCA.
            (25) Total cost.--
                    (A) In general.--The term ``total cost''--
                            (i) means all product costs, period costs, 
                        and other costs for a good incurred in the 
                        territory of one or more USMCA countries; and
                            (ii) does not include--
                                    (I) profits that are earned by the 
                                producer of the good, regardless of 
                                whether the costs are retained by the 
                                producer or paid out to other persons 
                                as dividends; or
                                    (II) taxes paid on those profits, 
                                including capital gains taxes.
                    (B) Other definitions.--In this paragraph:
                            (i) Other costs.--The term ``other costs'' 
                        means all costs recorded on the books of the 
                        producer that are not product costs or period 
                        costs, such as interest.
                            (ii) Period costs.--The term ``period 
                        costs'' means costs, other than product costs, 
                        that are expensed in the period in which they 
                        are incurred, such as selling expenses and 
                        general and administrative expenses.
                            (iii) Product costs.--The term ``product 
                        costs'' means costs that are associated with 
                        the production of a good, including the value 
                        of materials, direct labor costs, and direct 
                        overhead.
            (26) Transaction value.--The term ``transaction value'' 
        means the price--
                    (A) actually paid or payable for a good or material 
                with respect to a transaction of a producer; and
                    (B) adjusted in accordance with the principles set 
                forth in paragraphs 1, 3, and 4 of article 8 of the 
                Customs Valuation Agreement.
            (27) USMCA country.--The term ``USMCA country'' means the 
        United States, Canada, or Mexico for such time as the USMCA is 
        in force with respect to Canada or Mexico, and the United 
        States applies the USMCA to Canada or Mexico.
            (28) Value.--The term ``value'' means the value of a good 
        or material for purposes of calculating customs duties or 
        applying this section.
    (b) Application and Interpretation.--In this section:
            (1) Tariff classification.--The basis for any tariff 
        classification is the HTS.
            (2) Reference to hts.--Whenever in this section there is a 
        reference to a chapter, heading, or subheading, that reference 
        shall be a reference to a chapter, heading, or subheading of 
        the HTS.
            (3) Cost or value.--Any cost or value referred to in this 
        section with respect to a good shall be recorded and maintained 
        in accordance with the generally accepted accounting principles 
        applicable in the territory of the USMCA country in which the 
        good is produced.
    (c) Originating Goods.--
            (1) In general.--For purposes of this Act and for purposes 
        of implementing the preferential tariff treatment provided for 
        under the USMCA, except as otherwise provided in this section, 
        a good is an originating good if--
                    (A) the good is a good wholly obtained or produced 
                entirely in the territory of one or more USMCA 
                countries;
                    (B) the good is produced entirely in the territory 
                of one or more USMCA countries using nonoriginating 
                materials, if the good satisfies all applicable 
                requirements set forth in Annex 4-B of the USMCA; or
                    (C) the good is produced entirely in the territory 
                of one or more USMCA countries, exclusively from 
                originating materials;
                    (D) except for a good provided for under any of 
                chapters 61 through 63--
                            (i) the good is produced entirely in the 
                        territory of one or more USMCA countries;
                            (ii) one or more of the nonoriginating 
                        materials provided for as parts under the HTS 
                        and used in the production of the good do not 
                        satisfy the requirements set forth in Annex 4-B 
                        of the USMCA because--
                                    (I) both the good and its materials 
                                are classified under the same 
                                subheading or under the same heading 
                                that is not further subdivided into 
                                subheadings; or
                                    (II) the good was imported into the 
                                territory of a USMCA country in an 
                                unassembled form or a disassembled form 
                                but was classified as an assembled good 
                                pursuant to rule 2(a) of the General 
                                Rules of Interpretation of the HTS; and
                            (iii) the regional value content of the 
                        good is not less than 60 percent if the 
                        transaction value method is used, or not less 
                        than 50 percent if the net cost method is used 
                        and the good satisfies all other applicable 
                        requirements of this section; or
                    (E) the good itself, as imported, is listed in 
                table 2.10.1 of the USMCA and is imported into the 
                territory of the United States from the territory of a 
                USMCA country.
            (2) Remanufactured goods.--For purposes of determining 
        whether a remanufactured good is an originating good, a 
        recovered material derived in the territory of one or more 
        USMCA countries shall be treated as originating if the 
        recovered material is used or consumed in the production of, 
        and incorporated into, the remanufactured good.
    (d) Regional Value Content.--
            (1) In general.--Except as provided in paragraph (5), for 
        purposes of subparagraphs (B) and (D) of subsection (c)(1), the 
        regional value content of a good shall be calculated, at the 
        choice of the importer, exporter, or producer of the good, on 
        the basis of--
                    (A) the transaction value method described in 
                paragraph (2); or
                    (B) the net cost method described in paragraph (3).
            (2) Transaction value method.--
                    (A) In general.--An importer, exporter, or producer 
                of a good may calculate the regional value content of 
                the good on the basis of the following transaction 
                value method:


                         TV-VNM                   ......................
RVC =                    ----------                x  100
                         TV                       ......................
 

                    (B) Definitions.--In this paragraph:
                            (i) RVC.--The term ``RVC'' means the 
                        regional value content of the good, expressed 
                        as a percentage.
                            (ii) TV.--The term ``TV'' means the 
                        transaction value of the good, adjusted to 
                        exclude any costs incurred in the international 
                        shipment of the good.
                            (iii) VNM.--The term ``VNM'' means the 
                        value of nonoriginating materials used by the 
                        producer in the production of the good.
            (3) Net cost method.--
                    (A) In general.--An importer, exporter, or producer 
                of a good may calculate the regional value content of 
                the good on the basis of the following net cost method:


                         NC-VNM                   ......................
RVC =                    ----------                x  100
                         NC                       ......................
 

                    (B) Definitions.--In this paragraph:
                            (i) NC.--The term ``NC'' means the net cost 
                        of the good.
                            (ii) RVC.--The term ``RVC'' means the 
                        regional value content of the good, expressed 
                        as a percentage.
                            (iii) VNM.--The term ``VNM'' means the 
                        value of nonoriginating materials used by the 
                        producer in the production of the good.
            (4) Value of nonoriginating materials.--
                    (A) In general.--The value of nonoriginating 
                materials used by the producer in the production of a 
                good shall not, for purposes of calculating the 
                regional value content of the good under paragraph (2) 
                or (3), include the value of nonoriginating materials 
                used or consumed to produce originating materials that 
                are subsequently used or consumed in the production of 
                the good.
                    (B) Special rule for certain components.--The 
                following components of the value of nonoriginating 
                materials used by the producer in the production of a 
                good may be counted as originating content for purposes 
                of determining whether the good meets the regional 
                value content requirement set forth in Annex 4-B of the 
                USMCA:
                            (i) The value of processing the 
                        nonoriginating materials undertaken in the 
                        territory of one or more USMCA countries.
                            (ii) The value of any originating materials 
                        used or consumed in the production of the 
                        nonoriginating materials undertaken in the 
                        territory of one or more USMCA countries.
            (5) Net cost method required in certain cases.--An 
        importer, exporter, or producer of a good shall calculate the 
        regional value content of the good solely on the basis of the 
        net cost method described in paragraph (3) if the rule for the 
        good set forth in Annex 4-B of the USMCA includes a regional 
        value content requirement not based on the transaction value 
        method described in paragraph (2).
            (6) Net cost method allowed for adjustments.--
                    (A) In general.--If an importer, exporter, or 
                producer of a good calculates the regional value 
                content of the good on the basis of the transaction 
                value method described in paragraph (2) and a USMCA 
                country subsequently notifies the importer, exporter, 
                or producer, during the course of a verification 
                conducted in accordance with chapter 5 or 6 of the 
                USMCA, that the transaction value of the good or the 
                value of any material used in the production of the 
                good must be adjusted or is unacceptable under article 
                1 of the Customs Valuation Agreement, the importer, 
                exporter, or producer may calculate the regional value 
                content of the good on the basis of the net cost 
                method.
                    (B) Review of adjustment.--Nothing in subparagraph 
                (A) shall be construed to prevent any review or appeal 
                available in accordance with article 5.15 of the USMCA 
                with respect to an adjustment to or a rejection of--
                            (i) the transaction value of a good; or
                            (ii) the value of any material used in the 
                        production of a good.
            (7) Calculating net cost.--The producer of a good may, 
        consistent with regulations implementing this section, 
        calculate the net cost of the good under paragraph (3) by--
                    (A) calculating the total cost incurred with 
                respect to all goods produced by that producer, 
                subtracting any sales promotion, marketing, and after-
                sales services costs, royalties, shipping and packing 
                costs, and nonallowable interest costs that are 
                included in the total cost of those goods, and then 
                reasonably allocating the resulting net cost of those 
                goods to the good;
                    (B) calculating the total cost incurred with 
                respect to all goods produced by that producer, 
                reasonably allocating the total cost to the good, and 
                subtracting any sales promotion, marketing, and after-
                sales service costs, royalties, shipping and packing 
                costs, and nonallowable interest costs, that are 
                included in the portion of the total cost allocated to 
                the good; or
                    (C) reasonably allocating each cost that is part of 
                the total cost incurred with respect to the good so 
                that the aggregate of those costs does not include any 
                sales promotion, marketing, and after-sales service 
                costs, royalties, shipping and packing costs, and 
                nonallowable interest costs.
            (8) Value of materials used in production.--For purposes of 
        calculating the regional value content of a good under this 
        subsection, applying the de minimis rules under subsection (f), 
        and calculating the value of nonoriginating components in a set 
        under subsection (m), the value of a material used in the 
        production of a good is--
                    (A) in the case of a material that is imported by 
                the producer of the good, the transaction value of the 
                material at the time of importation, including the 
                costs incurred in the international shipment of the 
                material;
                    (B) in the case of a material acquired in the 
                territory in which the good is produced--
                            (i) the price paid or payable by the 
                        producer in the USMCA country where the 
                        producer is located;
                            (ii) the value as determined under 
                        subparagraph (A), as set forth in regulations 
                        prescribed by the Secretary of the Treasury 
                        providing for the application of transaction 
                        value in the absence of an importation by the 
                        producer; or
                            (iii) the earliest ascertainable price paid 
                        or payable in the territory of the country; or
                    (C) in the case of a self-produced material, the 
                sum of--
                            (i) all expenses incurred in the production 
                        of the material, including general expenses; 
                        and
                            (ii) an amount for profit equivalent to the 
                        profit added in the normal course of trade or 
                        equal to the profit that is usually reflected 
                        in the sale of goods of the same class or kind 
                        as the material.
            (9) Intermediate materials.--
                    (A) In general.--Any self-produced material that is 
                used in the production of a good may be designated by 
                the producer of the good as an intermediate material 
                for purposes of calculating the regional value content 
                of the good under paragraph (2) or (3).
                    (B) Materials used in production of intermediate 
                materials.--If a self-produced material is designated 
                as an intermediate material under subparagraph (A) for 
                purposes of calculating a regional value content 
                requirement, no other self-produced material subject to 
                a regional value content requirement used or consumed 
                in the production of that intermediate material may be 
                designated by the producer as an intermediate material.
            (10) Further adjustments to value of materials.--The 
        following expenses, if included in the value of a 
        nonoriginating material calculated under paragraph (8), may be 
        deducted from the value of the nonoriginating material:
                    (A) The costs of freight, insurance, packing, and 
                all other costs incurred in transporting the material 
                to the location of the producer.
                    (B) Duties, taxes, and customs brokerage fees on 
                the material paid in the territory of one or more USMCA 
                countries, other than duties or taxes that are waived, 
                refunded, refundable, or otherwise recoverable, 
                including credit against duty or tax paid or payable.
                    (C) The cost of waste and spoilage resulting from 
                the use of the material in the production of the good, 
                less the value of renewable scrap or byproducts.
    (e) Accumulation.--
            (1) Producers.--A good that is produced in the territory of 
        one or more USMCA countries, by one or more producers, is an 
        originating good if the good satisfies the requirements of 
        subsection (c) and all other applicable requirements of this 
        section.
            (2) Originating materials used in production of goods of a 
        usmca country.--Originating materials from the territory of one 
        or more USMCA countries that are used in the production of a 
        good in the territory of another USMCA country shall be 
        considered to originate in the territory of such other USMCA 
        country.
            (3) Production undertaken on nonoriginating materials used 
        in the production of goods.--In determining whether a good is 
        an originating good under this section, production undertaken 
        on nonoriginating material in the territory of one or more 
        USMCA countries by one or more producers shall contribute to 
        the originating status of the good, regardless of whether that 
        production is sufficient to confer originating status to the 
        nonoriginating material.
    (f) De Minimis Amounts of Nonoriginating Materials.--
            (1) In general.--Except as provided in paragraphs (2) 
        through (4), a good that does not undergo a change in tariff 
        classification or satisfy a regional value content requirement 
        set forth in Annex 4-B of the USMCA is an originating good if--
                    (A) the value of all nonoriginating materials that 
                are used in the production of the good, and do not 
                undergo the applicable change in tariff classification 
                set forth in Annex 4-B of the USMCA--
                            (i) does not exceed 10 percent of the 
                        transaction value of the good, adjusted to 
                        exclude any costs incurred in the international 
                        shipment of the good; or
                            (ii) does not exceed 10 percent of the 
                        total cost of the good;
                    (B) the good meets all other applicable 
                requirements of this section; and
                    (C) the value of such nonoriginating materials is 
                included in the value of nonoriginating materials for 
                any applicable regional value content requirement for 
                the good.
            (2) Exceptions for dairy and other products.--Paragraph (1) 
        does not apply to the following:
                    (A) A nonoriginating material of headings 0401 
                through 0406, or a nonoriginating dairy preparation 
                containing over 10 percent by dry weight of milk solids 
                of subheading 1901.90 or 2106.90, used or consumed in 
                the production of a good of headings 0401 through 0406.
                    (B) A nonoriginating material of headings 0401 
                through 0406, or nonoriginating dairy preparation 
                containing over 10 percent by dry weight of milk solids 
                of subheading 1901.90 or 2106.90, used or consumed in 
                the production of any of the following goods:
                            (i) Infant preparations containing over 10 
                        percent by dry weight of milk solids, of 
                        subheading 1901.10.
                            (ii) Mixes and doughs containing over 25 
                        percent by dry weight of butterfat, not put up 
                        for retail sale, of subheading 1901.20.
                            (iii) A dairy preparation containing over 
                        10 percent by dry weight of milk solids, of 
                        subheading 1901.90 or 2106.90.
                            (iv) A good of heading 2105.
                            (v) Beverages containing milk of subheading 
                        2202.90.
                            (vi) Animal feeds containing over 10 
                        percent by dry weight of milk solids of 
                        subheading 2309.90.
                    (C) A nonoriginating material of heading 0805, or 
                any of subheadings 2009.11 through 2009.39, used or 
                consumed in the production of a good of subheadings 
                2009.11 through 2009.39, or a fruit or vegetable juice 
                of any single fruit or vegetable, fortified with 
                minerals or vitamins, concentrated or unconcentrated, 
                of subheading 2106.90 or 2202.90.
                    (D) A nonoriginating material of chapter 9 used or 
                consumed in the production of instant coffee, not 
                flavored, of subheading 2101.11.
                    (E) A nonoriginating material of chapter 15 used or 
                consumed in the production of a good of heading 1507, 
                1508, 1512, 1514, or 1515.
                    (F) A nonoriginating material of heading 1701 used 
                or consumed in the production of a good of any of 
                headings 1701 through 1703.
                    (G) A nonoriginating material of chapter 17 or 
                heading 1805 used in the production of a good of 
                subheading 1806.10.
                    (H) Nonoriginating peaches, pears, or apricots of 
                chapter 8 or 20, used in the production of a good of 
                heading 2008.
                    (I) A nonoriginating single juice ingredient of 
                heading 2009 used or consumed in the production of a 
                good of--
                            (i) subheading 2009.90, or tariff item 
                        2106.90.54 (concentrated mixtures of fruit or 
                        vegetable juice, fortified with minerals or 
                        vitamins); or
                            (ii) tariff item 2202.99.37 (mixtures of 
                        fruit or vegetable juices, fortified with 
                        minerals or vitamins).
                    (J) A nonoriginating material of any of headings 
                2203 through 2208 used or consumed in the production of 
                a good provided for under heading 2207 or 2208.
            (3) Goods provided for under chapters 1 through 27.--
        Paragraph (1) does not apply to a nonoriginating material used 
        or consumed in the production of a good provided for in 
        chapters 1 through 27 unless the nonoriginating material is 
        provided for in a different subheading than the subheading of 
        the good for which origin is being determined.
            (4) Textile or apparel goods.--
                    (A) Goods classified under chapters 50 through 
                60.--Except as provided in subparagraph (C), a textile 
                or apparel good provided for in any of chapters 50 
                through 60 or heading 9619 that is not an originating 
                good because certain nonoriginating materials used in 
                the production of the good do not undergo an applicable 
                change in tariff classification set forth in Annex 4-B 
                of the USMCA, shall be considered to be an originating 
                good if the total weight of all such materials, 
                including elastomeric yarns, is not more than 10 
                percent of the total weight of the good and the good 
                meets all other applicable requirements of this 
                section.
                    (B) Goods classified under chapters 61 through 
                63.--Except as provided in subparagraph (C), a textile 
                or apparel good provided for in chapter 61, 62, or 63 
                that is not an originating good because certain fibers 
                or yarns used in the production of the component of the 
                good that determines the tariff classification of the 
                good do not undergo an applicable change in tariff 
                classification set forth in Annex 4-B of the USMCA 
                shall be considered to be an originating good if the 
                total weight of all such fibers or yarns in the 
                component, including elastomeric yarns, is not more 
                than 10 percent of the total weight of the component 
                and the good meets all other applicable requirements of 
                this section.
                    (C) Goods containing nonoriginating elastomeric 
                yarns.--
                            (i) Goods classified under chapters 50 
                        through 60 or heading 9619 .--A textile or 
                        apparel good described in subparagraph (A) 
                        containing nonoriginating elastomeric yarns 
                        shall be considered to be an originating good 
                        only if the nonoriginating elastomeric yarns 
                        contained in the good do not exceed 7 percent 
                        of the total weight of the good.
                            (ii) Goods classified under chapters 61 
                        through 63.--A textile or apparel good 
                        described in subparagraph (B) containing 
                        nonoriginating elastomeric yarns shall be 
                        considered to be an originating good only if 
                        the nonoriginating elastomeric yarns contained 
                        in the component of the good that determines 
                        the tariff classification of the good do not 
                        exceed 7 percent of the total weight of the 
                        good.
    (g) Fungible Goods and Materials.--
            (1) Fungible materials used in production.--Subject to 
        paragraph (3), if originating and nonoriginating fungible 
        materials are used or consumed in the production of a good, the 
        determination of whether the materials are originating may be 
        made on the basis of any of the inventory management methods 
        set forth in regulations implementing this section.
            (2) Fungible goods commingled and exported.--Subject to 
        paragraph (3), if originating and nonoriginating fungible goods 
        are commingled and exported in the same form, the determination 
        of whether the goods are originating may be made on the basis 
        of any of the inventory management methods set forth in 
        regulations implementing this section.
            (3) Use of inventory management method.--A person that 
        selects an inventory management method for purposes of 
        paragraph (1) or (2) shall use that inventory management method 
        throughout the fiscal year of the person.
    (h) Accessories, Spare Parts, Tools, and Instructional or Other 
Information Materials.--
            (1) In general.--Subject to paragraph (2), accessories, 
        spare parts, tools, or instructional or other information 
        materials delivered with a good shall--
                    (A) be treated as originating if the good is an 
                originating good;
                    (B) be disregarded in determining whether a good is 
                a good wholly obtained or produced entirely in the 
                territory of one or more USMCA countries or satisfies a 
                process or change in tariff classification set forth in 
                Annex 4-B of the USMCA; and
                    (C) be taken into account as originating or 
                nonoriginating materials, as the case may be, in 
                calculating any applicable regional value content of 
                the good set forth in Annex 4-B of the USMCA.
            (2) Conditions.--Paragraph (1) shall apply only if--
                    (A) the accessories, spare parts, tools, or 
                instructional or other information materials are 
                classified with and delivered with, but not invoiced 
                separately from, the good; and
                    (B) the types, quantities, and value of the 
                accessories, spare parts, tools, or instructional or 
                other information materials are customary for the good.
    (i) Packaging Materials and Containers for Retail Sale.--Packaging 
materials and containers in which a good is packaged for retail sale, 
if classified with the good, shall be disregarded in determining 
whether all of the nonoriginating materials used in the production of 
the good undergo the applicable process or change in tariff 
classification requirement set forth in Annex 4-B of the USMCA, or 
whether the good is a good wholly obtained or produced entirely in the 
territory of one or more USMCA countries. If the good is subject to a 
regional value content requirement set forth in that Annex, the value 
of such packaging materials and containers shall be taken into account 
as originating or nonoriginating materials, as the case may be, in 
calculating the regional value content of the good.
    (j) Packing Materials and Containers for Shipment.--Packing 
materials and containers for shipment shall be disregarded in 
determining whether a good is an originating good.
    (k) Indirect Materials.--An indirect material shall be treated as 
an originating material without regard to where it is produced.
    (l) Transit and Transshipment.--A good that has undergone 
production necessary to qualify as an originating good under subsection 
(c) shall not be considered to be an originating good if, subsequent to 
that production, the good--
            (1) undergoes further production or any other operation 
        outside the territory of a USMCA country, other than--
                    (A) unloading, reloading, separation from a bulk 
                shipment, storing, labeling, or marking, as required by 
                a USMCA country; or
                    (B) any other operation necessary to preserve the 
                good in good condition or to transport the good to the 
                territory of the importing USMCA country; or
            (2) does not remain under the control of customs 
        authorities in a country other than a USMCA country.
    (m) Goods Classifiable as Goods Put Up in Sets.--
            (1) Goods other than textile or apparel goods.--
        Notwithstanding the rules set forth in Annex 4-B of the USMCA, 
        goods classifiable as goods put up in sets for retail sale as 
        provided for in rule 3 of the General Rule of Interpretation of 
        the HTS shall not be considered to be originating goods 
        unless--
                    (A) each of the goods in the set is an originating 
                good; or
                    (B) the total value of the nonoriginating goods in 
                the set does not exceed 10 percent of the value of the 
                set.
            (2) Textile or apparel goods.--Notwithstanding the rules 
        set forth in Annex 4-B of the USMCA, goods classifiable as 
        goods put up in sets for retail sale as provided for in rule 3 
        of the General Rule of Interpretation of the HTS shall not be 
        considered to be originating goods unless--
                    (A) each of the goods in the set is an originating 
                good; or
                    (B) the total value of the nonoriginating goods in 
                the set does not exceed 10 percent of the value of the 
                set.
    (n) Nonqualifying Operations.--A good shall not be considered to be 
an originating good merely by reason of--
            (1) mere dilution with water or another substance that does 
        not materially alter the characteristics of the good; or
            (2) any production or pricing practice with respect to 
        which it may be demonstrated, by a preponderance of the 
        evidence, that the object of the practice was to circumvent 
        this section.
    (o) Effective Date.--
            (1) In general.--This section shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a good entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after that date.
            (2) Transition from nafta treatment.--Section 202 of the 
        North American Free Trade Agreement Implementation Act (19 
        U.S.C. 3332), as in effect on the day before the date on which 
        the USMCA enters into force, shall continue to apply on and 
        after that date with respect to a good entered for consumption, 
        or withdrawn from warehouse for consumption, before that date.

SEC. 202A. SPECIAL RULES FOR AUTOMOTIVE GOODS.

    (a) Definitions.--In this section:
            (1) Alternative staging regime.--The term ``alternative 
        staging regime'' means the application, pursuant to subsection 
        (d), of the requirements of article 8 of the automotive 
        appendix to the production of covered vehicles to allow 
        producers of such vehicles to bring such production into 
        compliance with the requirements of articles 2 through 7 of 
        that appendix.
            (2) Alternative staging regime period.--The term 
        ``alternative staging regime period'' means the period during 
        which the alternative staging regime is in effect.
            (3) Automotive appendix.--The term ``automotive appendix'' 
        means the Appendix to Annex 4-B of the USMCA (relating to the 
        product-specific rules of origin for automotive goods).
            (4) Automotive good.--The term ``automotive good'' means--
                    (A) a covered vehicle; or
                    (B) a part, component, or material listed in table 
                A.1, A.2, B, C, D, or E of the automotive appendix.
            (5) Automotive rules of origin.--The term ``automotive 
        rules of origin'' means the rules of origin for automotive 
        goods set forth in the automotive appendix.
            (6) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (7) Covered vehicle.--The term ``covered vehicle'' means a 
        passenger vehicle, light truck, or heavy truck.
            (8) Interagency committee.--The term ``interagency 
        committee'' means the interagency committee established under 
        subsection (b)(1).
            (9) Passenger vehicle; light truck; heavy truck.--The terms 
        ``passenger vehicle'', ``light truck'', and ``heavy truck'' 
        have the meanings given those terms in article 1 of the 
        automotive appendix.
            (10) USMCA country.--The term ``USMCA country'' means the 
        United States, Canada, or Mexico for such time as the USMCA is 
        in force with respect to Canada or Mexico, and the United 
        States applies the USMCA to Canada or Mexico.
    (b) Establishment of Interagency Committee.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the President shall establish an 
        interagency committee--
                    (A) to provide advice, as appropriate, on the 
                implementation, enforcement, and modification of 
                provisions of the USMCA that relate to automotive 
                goods, including the alternative staging regime; and
                    (B) to review the operation of the USMCA with 
                respect to trade in automotive goods, including--
                            (i) the economic effects of the automotive 
                        rules of origin on the United States economy, 
                        workers, and consumers; and
                            (ii) the impact of new technology on such 
                        rules of origin.
            (2) Members.--The members of the interagency committee 
        shall be the following:
                    (A) The Trade Representative.
                    (B) The Secretary of Commerce.
                    (C) The Commissioner.
                    (D) The Secretary of Labor.
                    (E) The Chair of the International Trade 
                Commission.
                    (F) Any other members determined to be necessary by 
                the Trade Representative.
            (3) Chair.--The chair of the interagency committee shall be 
        the Trade Representative.
            (4) Use of information.--
                    (A) Information sharing.--Notwithstanding any other 
                provision of law, the members of the interagency 
                committee may exchange information for purposes of 
                carrying out this section.
                    (B) Confidentiality of information.--The 
                interagency committee and any Federal agency 
                represented on the interagency committee may not 
                disclose to the public any confidential documents or 
                information received in the course of carrying out this 
                section, except information aggregated to preserve 
                confidentiality and used in the reports described in 
                subsection (g).
    (c) Certification Requirements.--
            (1) Certification relating to labor value content 
        requirements.--
                    (A) In general.--A covered vehicle shall be 
                eligible for preferential tariff treatment only if the 
                producer of the covered vehicle--
                            (i) provides a certification to the 
                        Commissioner that the production of covered 
                        vehicles by the producer meets the labor value 
                        content requirements, including the high-wage 
                        material and manufacturing expenditures, high-
                        wage technology expenditures, and high-wage 
                        assembly expenditures, as set forth in article 
                        7 of the automotive appendix or, if the 
                        producer is subject to the alternative staging 
                        regime, articles 7 and 8 of that appendix, and 
                        includes the calculations of the producer 
                        related to the labor value content 
                        requirements; and
                            (ii) has information on record to support 
                        those calculations.
                    (B) Implementation.--For purposes of meeting the 
                requirements under subparagraph (A)--
                            (i) the Secretary of Labor, in consultation 
                        with the Commissioner, shall ensure that the 
                        certification of a producer under subparagraph 
                        (A)(i) does not contain omissions or errors 
                        before the certification is considered properly 
                        filed; and
                            (ii) a calculation described in 
                        subparagraph (A)(i) based on a producer's 
                        preceding fiscal or calendar year is valid for 
                        the producer's subsequent fiscal or calendar 
                        year, as the case may be, as set forth in 
                        articles 7 and 8 of the automotive appendix.
                    (C) Regulations required.--The Secretary of the 
                Treasury, in consultation with the Secretary of Labor, 
                shall prescribe regulations to carry out this 
                paragraph, including regulations setting forth the 
                procedures and requirements for a producer of covered 
                vehicles to establish that the producer meets the labor 
                value content requirements for preferential tariff 
                treatment.
            (2) Certification relating to steel and aluminum purchase 
        requirements.--
                    (A) In general.--A covered vehicle shall be 
                eligible for preferential tariff treatment only if the 
                producer of the covered vehicle--
                            (i) provides a certification to the 
                        Commissioner that the production of covered 
                        vehicles by the producer meets the steel and 
                        aluminum purchase requirements set forth in 
                        article 6 of the automotive appendix or, if the 
                        producer is subject to the alternative staging 
                        regime, articles 6 and 8 of that appendix; and
                            (ii) has information on record to support 
                        the calculations relied on for the 
                        certification.
                    (B) Implementation.--For purposes of meeting the 
                requirements under subparagraph (A)--
                            (i) the Commissioner shall ensure that the 
                        certification of a producer under subparagraph 
                        (A)(i) does not contain omissions or errors 
                        before the certification is considered properly 
                        filed; and
                            (ii) a calculation described in 
                        subparagraph (A)(ii) based on a producer's 
                        preceding fiscal or calendar year is valid for 
                        the producer's subsequent fiscal or calendar 
                        year, as the case may be, as set forth in 
                        articles 6 and 8 of the automotive appendix.
                    (C) Regulations required.--The Secretary of the 
                Treasury shall prescribe regulations to carry out this 
                paragraph, including regulations setting forth the 
                procedures and requirements for a producer of covered 
                vehicles to establish that the producer meets the steel 
                and aluminum purchase requirements for preferential 
                tariff treatment.
    (d) Alternative Staging Regime.--
            (1) Publication of requirements.--Not later than 90 days 
        after the date of the enactment of this Act, the Trade 
        Representative, in consultation with the interagency committee, 
        shall publish in the Federal Register requirements, procedures, 
        and guidance required to implement the alternative staging 
        regime, including with respect to the following:
                    (A) The procedures, calculation methodology, 
                timeframe, specific regional value content thresholds, 
                and other minimum requirements, consistent with article 
                8 of the automotive appendix, with which a producer of 
                covered vehicles subject to the alternative staging 
                regime is required to comply during the alternative 
                staging regime period for such vehicles to be eligible 
                for preferential tariff treatment pursuant to the 
                alternative staging regime.
                    (B) The date by which requests for the alternative 
                staging regime are required to be submitted.
                    (C) The information a producer of passenger 
                vehicles or light trucks is required to provide, in the 
                producer's request to use the alternative staging 
                regime, to demonstrate the actions that the producer 
                will take to be prepared to meet all the requirements 
                set forth in articles 2 through 7 of the automotive 
                appendix after the alternative staging regime period 
                has expired, including the following:
                            (i) A statement identifying which of the 
                        requirements set forth in articles 2 through 7 
                        of the automotive appendix that the producer 
                        expects it will be unable to meet upon entry 
                        into force of the USMCA based on current 
                        business plans.
                            (ii) A statement indicating whether the 
                        passenger vehicles or light trucks for which 
                        the producer seeks to use the alternative 
                        staging regime account for 10 percent or less, 
                        or more than 10 percent, of the total 
                        production of passenger vehicles or light 
                        trucks, as the case may be, in USMCA countries 
                        by the producer during the 12-month period 
                        preceding the date on which the USMCA enters 
                        into force, or the average of such production 
                        during the 36-month period preceding that date, 
                        whichever is greater.
                            (iii) In the case of a producer that seeks 
                        to use the alternative staging regime for more 
                        than 10 percent of the producer's total 
                        production of passenger vehicles or light 
                        trucks, as the case may be, in USMCA 
                        countries--
                                    (I) a detailed and credible plan 
                                describing with specificity the actions 
                                the producer intends to take to bring 
                                production of the passenger vehicles or 
                                light trucks, as the case may be, into 
                                compliance with the requirements set 
                                forth in articles 2 through 7 of the 
                                automotive appendix after the 
                                alternative staging regime period 
                                expires; and
                                    (II) a statement indicating the 
                                time period for which the producer is 
                                requesting to use the alternative 
                                staging regime, if that time period is 
                                greater than 5 years after the USMCA 
                                enters into force.
                    (D) The procedures for accepting and reviewing 
                requests for the alternative staging regime, including 
                that the Trade Representative will--
                            (i) notify a producer of any deficiencies 
                        in the request of the producer that would 
                        result in a denial of the request not later 
                        than 30 days after the request is submitted; 
                        and
                            (ii) provide producers the opportunity to 
                        submit supplemental information.
                    (E) The criteria the Trade Representative, in 
                consultation with the interagency committee, will 
                consider when determining whether to approve a request 
                for the alternative staging regime. Such criteria shall 
                only include elements necessary for the producer to 
                demonstrate the producer's ability to meet the 
                requirements specified in subparagraphs (A) and (B). 
                The criteria shall also describe the information to 
                meet those requirements in sufficient detail to allow 
                the producer to identify the information necessary to 
                complete a request for the alternative staging regime.
                    (F) The opportunity for a producer described in 
                subparagraph (C)(iii) to modify the producer's request 
                for the alternative staging regime.
            (2) Review of requests for alternative staging regime.--
                    (A) In general.--In reviewing the request of a 
                producer of passenger vehicles or light trucks for the 
                alternative staging regime, the Trade Representative, 
                in consultation with the interagency committee, shall 
                determine--
                            (i) whether the request covers 10 percent 
                        or less, or more than 10 percent, of the 
                        production of passenger vehicles or light 
                        trucks in USMCA countries by the producer; and
                            (ii) whether the producer has identified 
                        with specificity which of the requirements set 
                        forth in articles 2 through 7 of the automotive 
                        appendix the producer is unable to meet based 
                        on current business plans.
                    (B) Approval of alternative staging regime for 
                passenger vehicle or light truck production not 
                exceeding 10 percent of north american production.--The 
                Trade Representative shall authorize the use of the 
                alternative staging regime if the Trade Representative, 
                in consultation with the interagency committee, 
                determines that--
                            (i) the request for the alternative staging 
                        regime covers passenger vehicles or light 
                        trucks that do not exceed 10 percent of the 
                        production of passenger vehicles or lights 
                        trucks, as the case may be, in USMCA countries 
                        by the producer; and
                            (ii) the producer has identified with 
                        specificity which of the requirements set forth 
                        in articles 2 through 7 of the automotive 
                        appendix the producer is unable to meet based 
                        on current business plans.
                    (C) Approval of alternative staging regime for 
                passenger vehicle or light truck production exceeding 
                10 percent of north american production.--The Trade 
                Representative shall authorize the use of the 
                alternative staging regime if the Trade Representative, 
                in consultation with the interagency committee, 
                determines that--
                            (i) the request for the alternative staging 
                        regime covers more than 10 percent of the 
                        production of passenger vehicles or lights 
                        trucks, as the case may be, in USMCA countries 
                        by the producer;
                            (ii) the producer has identified with 
                        specificity which of the requirements set forth 
                        in articles 2 through 7 of the automotive 
                        appendix the producer is unable to meet based 
                        on current business plans; and
                            (iii) the detailed and credible plan of the 
                        producer submitted under paragraph (1)(C)(iii) 
                        is based on substantial evidence and reasonably 
                        calculated to bring the production of the 
                        passenger vehicles or light trucks, as the case 
                        may be, into compliance with the requirements 
                        set forth in articles 2 through 7 of the 
                        automotive appendix after the alternative 
                        staging regime period has expired.
            (3) Procedures related to reviewing and approving 
        requests.--
                    (A) Deadline for review.--Not later than 120 days 
                after receiving a request of a producer for the 
                alternative staging regime, the Trade Representative, 
                in consultation with the interagency committee, shall--
                            (i) review the request;
                            (ii) make a determination with respect to 
                        whether to authorize the use of the alternative 
                        staging regime; and
                            (iii) provide to each producer a response 
                        in writing stating whether the producer may use 
                        the alternative staging regime.
                    (B) Establishment of a public list.--The Trade 
                Representative shall maintain, and update as necessary, 
                a public list of the producers of covered vehicles that 
                have been authorized to use the alternative staging 
                regime.
                    (C) Reporting.--Before a determination is made with 
                respect to whether to authorize the use of the 
                alternative staging regime, the Trade Representative 
                shall provide to the appropriate congressional 
                committees a summary of requests for the alternative 
                staging regime.
            (4) Alternative staging regime review and modification.--
                    (A) Material changes to circumstances.--
                            (i) Notification.--If the request of a 
                        producer to use the alternative staging regime 
                        for more than 10 percent of the total 
                        production of passenger vehicles or light 
                        trucks, as the case may be, in USMCA countries 
                        by the producer has been granted, the producer 
                        shall notify the Trade Representative and the 
                        interagency committee of any material changes 
                        to the information contained in the request, 
                        including any supplemental information relating 
                        to that request, and of any material changes to 
                        circumstances, that will affect the producer's 
                        ability to meet any of the requirements set 
                        forth in articles 2 through 7 of the automotive 
                        appendix after the alternative staging regime 
                        period has expired.
                            (ii) Requests for modification of plans.--
                                    (I) In general.--A producer that 
                                submits a notification under clause (i) 
                                with respect to a change described in 
                                that clause may submit to the Trade 
                                Representative and the interagency 
                                committee a request for modification of 
                                its plan.
                                    (II) Determination regarding 
                                modification.--Not later than 90 days 
                                after receiving a request submitted 
                                under subclause (I), the Trade 
                                Representative, in consultation with 
                                the interagency committee, shall--
                                            (aa) review the request;
                                            (bb) make a determination 
                                        with respect to whether the 
                                        modified plan is based on 
                                        substantial evidence and 
                                        reasonably calculated to ensure 
                                        that the producer will still be 
                                        able to meet the requirements 
                                        set forth in articles 2 through 
                                        7 of the automotive appendix 
                                        after the alternative staging 
                                        regime period has expired;
                                            (cc) if the Trade 
                                        Representative makes an 
                                        affirmative determination under 
                                        item (bb), approve the modified 
                                        plan; and
                                            (dd) notify the producer in 
                                        writing of the determination.
                            (iii) Inability to meet requirements.--If 
                        the Trade Representative, in consultation with 
                        the interagency committee, determines that the 
                        information provided by a producer under clause 
                        (i) demonstrates that the producer will no 
                        longer be able to meet the requirements set 
                        forth in articles 2 through 7 of the automotive 
                        appendix after the alternative staging regime 
                        period has expired, the Trade Representative 
                        shall notify the producer in writing, and no 
                        claim for preferential tariff treatment may be 
                        made, on or after the date of the 
                        determination, with respect to a covered 
                        vehicle of the producer pursuant to the 
                        alternative staging regime.
            (5) Failure to meet requirements for alternative staging 
        regime.--
                    (A) In general.--If, at any time, the Trade 
                Representative, in consultation with the interagency 
                committee, makes a determination described in 
                subparagraph (B) with respect to a producer of covered 
                vehicles subject to the alternative staging regime--
                            (i) any claim for preferential tariff 
                        treatment under the alternative staging regime 
                        for any covered vehicle of that producer shall 
                        be considered invalid; and
                            (ii) notwithstanding the finality of a 
                        liquidation of an entry, the importer of any 
                        covered vehicle of that producer shall be 
                        liable for the duties, taxes, and fees that 
                        would have been applicable to that vehicle if 
                        preferential tariff treatment pursuant to the 
                        alternative staging regime had not applied when 
                        the vehicle was entered for consumption, or 
                        withdrawn from warehouse for consumption, plus 
                        interest assessed on or after the date of entry 
                        and before the date of the determination.
                    (B) Determination described.--A determination 
                described in this subparagraph is a determination that 
                a producer of covered vehicles subject to the 
                alternative staging regime--
                            (i) has failed to take the steps set forth 
                        in the producer's request for the alternative 
                        staging regime and, as a result of that 
                        failure, the producer will no longer be able to 
                        meet the requirements set forth in articles 2 
                        through 7 of the automotive appendix after the 
                        alternative staging regime period has expired;
                            (ii) has provided false or misleading 
                        information in the producer's request; or
                            (iii) in the case of a producer authorized 
                        to use the alternative staging regime for more 
                        than 10 percent of the total production of 
                        passenger vehicles or light trucks in USMCA 
                        countries by the producer, has failed to notify 
                        the Trade Representative under paragraph (4)(A) 
                        of material changes to circumstances that will 
                        prevent the producer from meeting any of the 
                        requirements set forth in articles 2 through 7 
                        of the automotive appendix after the 
                        alternative staging regime period has expired.
    (e) Verification of Labor Value Content Requirements.--
            (1) In general.--As part of a verification conducted under 
        section 207, the Secretary of the Treasury, in conjunction with 
        the Secretary of Labor, may conduct a verification of whether a 
        covered vehicle complies with the labor value content 
        requirements set forth in article 7 of the automotive appendix 
        or, if the producer is subject to the alternative staging 
        regime under subsection (d), articles 7 and 8 of that appendix.
            (2) Role of secretary of labor.--In cooperation with the 
        Secretary of the Treasury, the Secretary of Labor shall 
        participate in any verification conducted under paragraph (1) 
        by verifying whether the production of covered vehicles by a 
        producer meets the high-wage components of the labor value 
        content requirements, including the wage component of the high-
        wage material and manufacturing expenditures, the high-wage 
        technology expenditures, and the high-wage assembly 
        expenditures, within the meaning given those terms in article 7 
        of that appendix.
            (3) Role of secretary of the treasury.--The Secretary of 
        the Treasury shall participate in any verification conducted 
        under paragraph (1) by verifying--
                    (A) the components of the labor value content 
                requirements not covered by paragraph (2), including 
                the annual purchase value and cost components of the 
                high-wage material and manufacturing expenditures, 
                within the meaning given those terms in article 7 of 
                that appendix; and
                    (B) whether the producer has met the labor value 
                content requirements.
            (4) Actions by secretary of labor.--
                    (A) In general.--In participating in a verification 
                conducted under paragraph (1), the Secretary of Labor 
                shall assist the Secretary of the Treasury to do the 
                following:
                            (i) Examine, or cause to be examined, upon 
                        reasonable notice, any record (including any 
                        statement, declaration, document, or 
                        electronically generated or machine readable 
                        data) described in the notice with reasonable 
                        specificity.
                            (ii) Request information from any officer, 
                        employee, or agent of a producer of automotive 
                        goods, as necessary, that may be relevant with 
                        respect to whether the production of covered 
                        vehicles meets the high-wage components of the 
                        labor value content requirements set forth in 
                        article 7 of the automotive appendix or, if the 
                        producer is subject to the alternative staging 
                        regime under subsection (d), articles 7 and 8 
                        of that appendix.
                    (B) Nature of information requested.--Records and 
                information that may be examined or requested under 
                subparagraph (A) may relate to wages, hours, job 
                responsibilities, and other information in any plant or 
                facility relied on by a producer of covered vehicles to 
                demonstrate that the production of such vehicles by the 
                producer meets the labor value content requirements set 
                forth in article 7 of the automotive appendix or, if 
                the producer is subject to the alternative staging 
                regime under subsection (d), articles 7 and 8 of that 
                appendix.
            (5) Whistleblower protections.--
                    (A) Unlawful acts.--It is unlawful to intimidate, 
                threaten, restrain, coerce, blacklist, discharge, or in 
                any other manner discriminate against any person for--
                            (i) disclosing information to a Federal 
                        agency or to any person relating to a 
                        verification under this subsection; or
                            (ii) cooperating or seeking to cooperate in 
                        a verification under this subsection.
                    (B) Enforcement.--The Secretary of the Treasury and 
                the Secretary of Labor are authorized to take such 
                actions under existing law, including imposing 
                appropriate penalties and seeking appropriate 
                injunctive relief, as may be necessary to ensure 
                compliance with this subsection and as provided for in 
                existing regulations.
            (6) Protests of decisions of u.s. customs and border 
        protection.--
                    (A) In general.--If a protest under section 514 of 
                the Tariff Act of 1930 (19 U.S.C. 1514) of a decision 
                of U.S. Customs and Border Protection with respect to 
                the eligibility for preferential tariff treatment of a 
                covered vehicle relates to the analysis of the 
                Department of Labor relating to the high-wage 
                components of the labor value content requirements 
                described in paragraph (1), the Secretary of Labor 
                shall--
                            (i) conduct an administrative review of the 
                        portion of the decision relating to such 
                        requirements; and
                            (ii) provide the results of that review to 
                        the Commissioner.
                    (B) No accelerated disposition.--An importer may 
                not request the accelerated disposition under section 
                515(b) of the Tariff Act of 1930 (19 U.S.C. 1515(b)) of 
                a protest against a decision of the Commissioner 
                described in subparagraph (A).
    (f) Administration by Department of Labor.--The Secretary of Labor 
is authorized to establish or designate an office within the Department 
of Labor to carry out the provisions of this section for which the 
Department is responsible.
    (g) Review and Reports.--
            (1) Periodic review on automotive rules of origin.--
                    (A) In general.--The Trade Representative, in 
                consultation with the interagency committee, shall 
                conduct a biennial review of the operation of the USMCA 
                with respect to trade in automotive goods, including--
                            (i) to the extent practicable, a summary of 
                        actions taken by producers to demonstrate 
                        compliance with the automotive rules of origin, 
                        use of the alternative staging regime, 
                        enforcement of such rules of origin, and other 
                        relevant matters; and
                            (ii) whether the automotive rules of origin 
                        are effective and relevant in light of new 
                        technology and changes in the content, 
                        production processes, and character of 
                        automotive goods.
                    (B) Report.--
                            (i) In general.--The Trade Representative 
                        shall submit to the appropriate congressional 
                        committees a report on each review conducted 
                        under subparagraph (A).
                            (ii) Initial report.--The first report 
                        required under clause (i) shall be submitted 
                        not later than 2 years after the date on which 
                        the USMCA enters into force.
                            (iii) Termination of reporting 
                        requirement.--The requirement to submit reports 
                        under clause (i) shall terminate on the date 
                        that is 10 years after the date on which the 
                        USMCA enters into force.
            (2) Report by international trade commission.--Not later 
        than one year after the submission of the first report required 
        by paragraph (1)(B), and every 2 years thereafter until the 
        date that is 12 years after the date on which the USMCA enters 
        into force, the International Trade Commission shall submit to 
        the appropriate congressional committees and the President a 
        report on--
                    (A) the economic impact of the automotive rules of 
                origin on--
                            (i) the gross domestic product of the 
                        United States;
                            (ii) exports from and imports into the 
                        United States;
                            (iii) aggregate employment and employment 
                        opportunities in the United States;
                            (iv) production, investment, use of 
                        productive facilities, and profit levels in the 
                        automotive industries and other pertinent 
                        industries in the United States affected by the 
                        automotive rules of origin;
                            (v) wages and employment of workers in the 
                        automotive sector in the United States; and
                            (vi) the interests of consumers in the 
                        United States;
                    (B) the operation of the automotive rules of origin 
                and their effects on the competitiveness of the United 
                States with respect to production and trade in 
                automotive goods, taking into account developments in 
                technology, production processes, or other related 
                matters;
                    (C) whether the automotive rules of origin are 
                relevant in light of technological changes in the 
                United States; and
                    (D) such other matters as the International Trade 
                Commission considers relevant to the economic impact of 
                the automotive rules of origin, including prices, 
                sales, inventories, patterns of demand, capital 
                investment, obsolescence of equipment, and 
                diversification of production in the United States.
            (3) Report by comptroller general.--Not later than 4 years 
        after the date on which the USMCA enters into force, the 
        Comptroller General of the United States shall submit to the 
        Committee on Appropriations and the Committee on Ways and Means 
        of the House of Representatives and the Committee on 
        Appropriations and the Committee on Finance of the Senate a 
        report assessing the effectiveness of United States Government 
        interagency coordination on implementation, enforcement, and 
        verification of the automotive rules of origin and the customs 
        procedures of the USMCA with respect to automotive goods.
            (4) Public participation.--Before submitting a report under 
        paragraph (1)(B) or (2), the agency responsible for the report 
        shall--
                    (A) solicit information relating to matters that 
                will be addressed in the report from producers of 
                automotive goods, labor organizations, and other 
                interested parties;
                    (B) provide for an opportunity for the submission 
                of comments, orally or in writing, from members of the 
                public relating to such matters; and
                    (C) after submitting the report, post a version of 
                the report appropriate for public viewing on a publicly 
                available internet website for the agency.
    (h) Effective Date.--This section shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply with respect to goods entered, or withdrawn from 
        warehouse for consumption, on or after the date on which the 
        USMCA enters into force.

SEC. 203. MERCHANDISE PROCESSING FEE.

    (a) In General.--Section 13031(b)(10) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)) is amended by 
striking subparagraph (B) and inserting the following:
    ``(B) No fee may be charged under paragraph (9) or (10) of 
subsection (a) with respect to goods that qualify as originating goods 
under section 202 of the United States-Mexico-Canada Agreement 
Implementation Act or qualify for duty-free treatment under Annex 6-A 
of the USMCA (as defined in section 3 of that Act). Any service for 
which an exemption from such fee is provided by reason of this 
paragraph may not be funded with money contained in the Customs User 
Fee Account.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) 
        shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a good entered or 
                released on or after that date.
            (2) Transition from nafta treatment.--In the case of a good 
        entered or released before the date on which the USMCA enters 
        into force--
                    (A) the amendments made by subsection (a) to 
                section 13031(b)(10)(B) of the Consolidated Omnibus 
                Budget Reconciliation Act of 1985 (19 U.S.C. 
                58c(b)(10)(B)) shall not apply with respect to the 
                good; and
                    (B) section 13031(b)(10)(B) of such Act, as in 
                effect on the day before that date, shall continue to 
                apply on and after that date with respect to the good.
            (3) Entered or released defined.--In this subsection, the 
        term ``entered or released'' has the meaning given that term in 
        section 13031(b)(8)(E) of the Consolidated Omnibus Budget 
        Reconciliation Act of 1985 (19 U.S.C. 58c(b)(8)(E)).

SEC. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF 
              ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT.

    (a) Disclosure of Incorrect Information.--Section 592 of the Tariff 
Act of 1930 (19 U.S.C. 1592) is amended--
            (1) in subsection (c), by striking paragraph (5) and 
        inserting the following:
            ``(5) Prior disclosure regarding claims under the usmca.--
        An importer shall not be subject to penalties under subsection 
        (a) for making an incorrect claim that a good qualifies as an 
        originating good under section 202 of the United States-Mexico-
        Canada Agreement Implementation Act if the importer, in 
        accordance with regulations prescribed by the Secretary of the 
        Treasury, promptly makes a corrected declaration and pays any 
        duties owing with respect to that good.''; and
            (2) by striking subsection (f) and inserting the following:
    ``(f) False Certifications of Origin Under the USMCA.--
            ``(1) In general.--Subject to paragraph (2), it is unlawful 
        for any person to certify falsely, by fraud, gross negligence, 
        or negligence, in a USMCA certification of origin (as such term 
        is defined in section 508 of this Act) that a good exported 
        from the United States qualifies as an originating good under 
        the rules of origin provided for in section 202 of the United 
        States-Mexico-Canada Agreement Implementation Act. The 
        procedures and penalties of this section that apply to a 
        violation of subsection (a) also apply to a violation of this 
        subsection.
            ``(2) Prompt and voluntary disclosure of incorrect 
        information.--No penalty shall be imposed under this subsection 
        if, promptly after an exporter or producer that issued a USMCA 
        certification of origin has reason to believe that such 
        certification contains or is based on incorrect information, 
        the exporter or producer voluntarily provides written notice of 
        such incorrect information to every person to whom the 
        certification was issued.
            ``(3) Exception.--A person shall not be considered to have 
        violated paragraph (1) if--
                    ``(A) the information was correct at the time it 
                was provided in a USMCA certification of origin but was 
                later rendered incorrect due to a change in 
                circumstances; and
                    ``(B) the person promptly and voluntarily provides 
                written notice of the change in circumstances to all 
                persons to whom the person provided the 
                certification.''.
    (b) Denial of Preferential Tariff Treatment.--Section 514 of the 
Tariff Act of 1930 (19 U.S.C. 1514) is amended--
            (1) in subsection (b), by striking ``and article 1904'' and 
        all that follows through ``Free-Trade Agreement'';
            (2) in subsection (c)--
                    (A) in paragraph (1), in the matter following 
                subparagraph (D), by striking ``section 202 of the 
                North American Free Trade Agreement Implementation 
                Act'' and inserting ``section 202 of the United States-
                Mexico-Canada Agreement Implementation Act''; and
                    (B) in paragraph (2)(E)--
                            (i) by striking ``section 202 of the North 
                        American Free Trade Agreement Implementation 
                        Act'' and inserting ``section 202 of the United 
                        States-Mexico-Canada Agreement Implementation 
                        Act''; and
                            (ii) by striking ``NAFTA Certificate of 
                        Origin'' and inserting ``USMCA certification of 
                        origin (as such term is defined in section 508 
                        of this Act)'';
            (3) in subsection (e), by striking ``section 202 of the 
        North American Free Trade Agreement Implementation Act'' and 
        inserting ``section 202 of the United States-Mexico-Canada 
        Agreement Implementation Act''; and
            (4) by striking subsection (f) and inserting the following:
    ``(f) Denial of Preferential Tariff Treatment Under the USMCA.--If 
U.S. Customs and Border Protection or U.S. Immigration and Customs 
Enforcement of the Department of Homeland Security finds indications of 
a pattern of conduct by an importer, exporter, or producer of false or 
unsupported representations that goods qualify under the rules of 
origin provided for in section 202 of the United States-Mexico-Canada 
Agreement Implementation Act, U.S. Customs and Border Protection, in 
accordance with regulations prescribed by the Secretary of the 
Treasury, may suspend preferential tariff treatment under the USMCA (as 
defined in section 3 of that Act) to entries of identical goods covered 
by subsequent representations by that importer, exporter, or producer 
until U.S. Customs and Border Protection determines that 
representations of that person are in conformity with such section 
202.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a good entered, or 
                exported from the United States, as the case may be, on 
                or after that date.
            (2) Transition from nafta treatment.--In the case of a good 
        entered, or exported from the United States, as the case may 
        be, before the date on which the USMCA enters into force--
                    (A) the amendments made by subsection (a) to 
                section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) 
                and the amendments made by subsection (b) to section 
                514 of such Act (19 U.S.C. 1514) shall not apply with 
                respect to the good; and
                    (B) sections 592 and 514 of such Act, as in effect 
                on the day before that date, shall continue to apply on 
                and after that date with respect to the good.
            (3) Entered defined.--In this subsection, the term 
        ``entered'' includes a withdrawal from warehouse for 
        consumption.

SEC. 205. RELIQUIDATION OF ENTRIES.

    (a) In General.--Section 520(d) of the Tariff Act of 1930 (19 
U.S.C. 1520(d)) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``section 202 of the North American 
                Free Trade Agreement Implementation Act,'';
                    (B) by striking ``, or section 203'' and inserting 
                ``, section 203''; and
                    (C) by striking ``for which'' and inserting ``, or 
                section 202 of the United States-Mexico-Canada 
                Agreement Implementation Act (except with respect to 
                any merchandise processing fees), for which''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) copies of all applicable certificates or 
        certifications of origin; and''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a good entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after that date.
            (2) Transition from nafta treatment.--In the case of a good 
        entered for consumption, or withdrawn from warehouse for 
        consumption, before the date on which the USMCA enters into 
        force--
                    (A) the amendments made by subsection (a) to 
                section 520(d) of the Tariff Act of 1930 (19 U.S.C. 
                1520(d)) shall not apply with respect to the good; and
                    (B) section 520(d) of such Act, as in effect on the 
                day before that date, shall continue to apply on and 
                after that date with respect to the good.

SEC. 206. RECORDKEEPING REQUIREMENTS.

    (a) In General.--Section 508 of the Tariff Act of 1930 (19 U.S.C. 
1508) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Exports and Imports Relating to USMCA Countries.--
            ``(1) Definitions.--In this subsection:
                    ``(A) USMCA; usmca country.--The terms `USMCA' and 
                `USMCA country' have the meanings given those terms in 
                section 3 of the United States-Mexico-Canada Agreement 
                Implementation Act.
                    ``(B) USMCA certification of origin.--The term 
                `USMCA certification of origin' means the certification 
                established under article 5.2.1 of the USMCA that a 
                good qualifies as an originating good under the USMCA.
            ``(2) Exports to usmca countries.--Any person who completes 
        a USMCA certification of origin or provides a written 
        representation for a good exported from the United States to a 
        USMCA country shall make, keep, and, pursuant to rules and 
        regulations prescribed by the Secretary of the Treasury, render 
        for examination and inspection, all records and supporting 
        documents related to the origin of the good (including the 
        certification or copies thereof), including records related 
        to--
                    ``(A) the purchase, cost, value, and shipping of, 
                and payment for, the good;
                    ``(B) the purchase, cost, value, and shipping of, 
                and payment for, all materials, including indirect 
                materials, used in the production of the good; and
                    ``(C) the production of the good in the form in 
                which it was exported or the production of the material 
                in the form in which it was sold.
            ``(3) Exports under the canadian agreement.--Any person who 
        exports, or who knowingly causes to be exported, any 
        merchandise to Canada during such time as the United States-
        Canada Free-Trade Agreement is in force with respect to, and 
        the United States applies that Agreement to, Canada shall make, 
        keep, and render for examination and inspection such records 
        (including certifications of origin or copies thereof) which 
        pertain to the exportations.
            ``(4) Imports into the united states.--
                    ``(A) In general.--Any importer who claims 
                preferential tariff treatment under the USMCA for a 
                good imported into the United States from a USMCA 
                country shall make, keep, and, pursuant to rules and 
                regulations prescribed by the Secretary of the Treasury 
                of the Secretary of Labor, render for examination and 
                inspection--
                            ``(i) records and supporting documentation 
                        related to the importation;
                            ``(ii) all records and supporting documents 
                        related to the origin of the good (including 
                        the certification or copies thereof), if the 
                        importer completed the certification; and
                            ``(iii) records and supporting documents 
                        necessary to demonstrate that the good did not, 
                        while in transit to the United States, undergo 
                        further production or any other operation other 
                        than unloading, reloading, or any other 
                        operation necessary to preserve the good in 
                        good condition or to transport the good to the 
                        United States.
                    ``(B) Vehicle producer.--Any vehicle producer whose 
                good is the subject of a claim for preferential tariff 
                treatment under the USMCA shall make, keep, and, 
                pursuant to rules and regulations promulgated by the 
                Secretary of the Treasury and Secretary of Labor, 
                render for examination and inspection records and 
                supporting documents related to the labor value content 
                and steel and aluminum purchasing requirements for the 
                qualification of its vehicles for preferential 
                treatment.
            ``(5) Retention period.--
                    ``(A) Exports to usmca countries.--A person covered 
                by paragraph (2) who completes a USMCA certification of 
                origin or provides a written representation for a good 
                exported from the United States to a USMCA country 
                shall keep the records required by such paragraph 
                relating to that certification of origin for a period 
                of at least 5 years after the date on which the 
                certification is completed.
                    ``(B) Exports under canadian agreement.--The 
                records required by paragraph (3) shall be kept for 
                such periods of time as the Secretary shall prescribe, 
                except that--
                            ``(i) no period of time for the retention 
                        of the records may exceed 5 years from the date 
                        of entry, filing of a reconciliation, or 
                        exportation, as appropriate; and
                            ``(ii) records for any drawback claim shall 
                        be kept until the 3rd anniversary of the date 
                        of liquidation of the claim.
                    ``(C) Imports into the united states.--
                            ``(i) In general.--An importer covered by 
                        paragraph (4)(A) shall keep the records and 
                        supporting documents required by such paragraph 
                        for a period of at least 5 years after the date 
                        of importation of the good.
                            ``(ii) Vehicle producer.--A vehicle 
                        producer covered by paragraph (4)(B) shall keep 
                        the records and supporting documents required 
                        by paragraph (4)(B) for a period of at least 5 
                        years after the date of filing the 
                        certifications required under paragraphs (1) 
                        and (2) of section 202A(c) of the United 
                        States-Mexico-Canada Agreement Implementation 
                        Act.'';
            (2) by striking subsection (c); and
            (3) in the paragraph heading for subsection (e)(1), by 
        striking ``nafta'' and inserting ``usmca''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the date on which the USMCA enters into 
        force.
            (2) Applicability.--
                    (A) Exports.--Paragraphs (2) and (5)(A) of section 
                508(b) of the Tariff Act of 1930, as amended by 
                subsection (a), shall apply with respect to a good 
                exported from the United States on or after the date on 
                which the USMCA enters into force.
                    (B) Imports.--Paragraphs (4) and (5)(C) of section 
                508(b) of the Tariff Act of 1930, as amended by 
                subsection (a), shall apply with respect to a good that 
                is entered for consumption, or withdrawn from warehouse 
                for consumption, on or after the date on which the 
                USMCA enters into force.
            (3) Transition from nafta treatment.--
                    (A) Exports.--In the case of a good exported from 
                the United States before the date on which the USMCA 
                enters into force--
                            (i) the amendments made by subsection (a) 
                        to paragraphs (2) and (5)(A) of section 508(b) 
                        of the Tariff Act of 1930 (19 U.S.C. 1508) 
                        shall not apply with respect to the good; and
                            (ii) section 508 of such Act, as in effect 
                        on the day before that date, shall continue to 
                        apply on and after that date with respect to 
                        the good.
                    (B) Imports.--In the case of a good that is entered 
                for consumption, or withdrawn from warehouse for 
                consumption, before the date on which the USMCA enters 
                into force, the amendments made by subsection (a) to 
                paragraphs (4) and (5)(C) of section 508(b) of the 
                Tariff Act of 1930 (19 U.S.C. 1508) shall not apply 
                with respect to the good.

SEC. 207. ACTIONS REGARDING VERIFICATION OF CLAIMS UNDER THE USMCA.

    (a) Verification.--
            (1) Origin verification.--
                    (A) In general.--The Secretary of the Treasury may, 
                pursuant to article 5.9 of the USMCA, conduct a 
                verification of whether a good is an originating good 
                under section 202 or 202A.
                    (B) Additional requirements.--If the Secretary 
                conducts a verification under subparagraph (A), the 
                President may direct the Secretary--
                            (i) during the verification process, to 
                        release the good only upon payment of duties or 
                        provision of security; and
                            (ii) if the Secretary makes a negative 
                        determination under subsection (b), to take 
                        action under subsection (c).
            (2) Textile and apparel goods.--
                    (A) In general.--The Secretary of the Treasury may, 
                pursuant to article 6.6 of the USMCA, conduct a 
                verification described in subparagraph (C) with respect 
                to a textile or apparel good.
                    (B) Additional requirements.--If the Secretary 
                conducts a verification under subparagraph (A) with 
                respect to a textile or apparel good, the President may 
                direct the Secretary--
                            (i) during the verification process, to 
                        take appropriate action described in 
                        subparagraph (D); and
                            (ii) if the Secretary makes a negative 
                        determination described in subsection (b), to 
                        take action under subsection (c).
                    (C) Verification described.--A verification 
                described in this subparagraph with respect to a 
                textile or apparel good is--
                            (i) a verification of whether the good 
                        qualifies for preferential tariff treatment 
                        under the USMCA; or
                            (ii) a verification of whether customs 
                        offenses are occurring or have occurred with 
                        respect to the good.
                    (D) Action during verification.--Appropriate action 
                described in this subparagraph may consist of--
                            (i) release of the textile or apparel good 
                        that is the subject of a verification described 
                        in subparagraph (C) upon payment of duties or 
                        provision of security;
                            (ii) suspension of preferential tariff 
                        treatment under the USMCA with respect to--
                                    (I) the textile or apparel good 
                                that is the subject of a verification 
                                described in subparagraph (C)(i), if 
                                the Secretary determines that there is 
                                insufficient information to support the 
                                claim for preferential tariff 
                                treatment; or
                                    (II) any textile or apparel good 
                                exported or produced by a person that 
                                is the subject of a verification 
                                described in subparagraph (C)(ii) if 
                                the Secretary of the Treasury 
                                determines that there is insufficient 
                                information to support the claim for 
                                preferential tariff treatment made with 
                                respect to that good;
                            (iii) denial of preferential tariff 
                        treatment under the USMCA with respect to--
                                    (I) the textile or apparel good 
                                that is the subject of a verification 
                                described in subparagraph (C)(i) if the 
                                Secretary determines that incorrect 
                                information has been provided to 
                                support the claim for preferential 
                                tariff treatment; or
                                    (II) any textile or apparel good 
                                exported or produced by a person that 
                                is the subject of a verification 
                                described in subparagraph (C)(ii) if 
                                the Secretary determines that the 
                                person has provided incorrect 
                                information to support the claim for 
                                preferential tariff treatment that has 
                                been made with respect to that good;
                            (iv) detention of any textile or apparel 
                        good exported or produced by a person that is 
                        the subject of a verification described in 
                        subparagraph (C) if the Secretary determines 
                        that there is insufficient information to 
                        determine the country of origin of that good; 
                        and
                            (v) denial of entry into the United States 
                        of any textile or apparel good exported or 
                        produced by a person that is the subject of a 
                        verification described in subparagraph (C) if 
                        the Secretary determines that the person has 
                        provided incorrect information regarding the 
                        country of origin of that good.
    (b) Negative Determination.--
            (1) In general.--A negative determination described in this 
        subsection with respect to a good imported, exported, or 
        produced by an importer, exporter, or producer is a 
        determination by the Secretary, based on a verification 
        conducted under subsection (a), that--
                    (A) a claim by the importer, exporter, or producer 
                that the good qualifies as an originating good under 
                section 202 is inaccurate; or
                    (B) the good does not qualify for preferential 
                tariff treatment under the USMCA because--
                            (i) the importer, exporter, or producer 
                        failed to respond to a written request for 
                        information or failed to provide sufficient 
                        information to determine that the good 
                        qualifies as an originating good;
                            (ii) after receipt of a written 
                        notification for a visit to conduct 
                        verification under subsection (a), the exporter 
                        or producer did not provide written consent for 
                        that visit;
                            (iii) the importer, exporter, or producer 
                        does not maintain, or denies access to, records 
                        or documentation required under section 508(l) 
                        of the Tariff Act of 1930 (19 U.S.C. 1508(l));
                            (iv) in the case of verification conducted 
                        under subsection (a)(2)--
                                    (I) access or permission for a site 
                                visit is denied;
                                    (II) officials of the United States 
                                are prevented from completing a site 
                                visit on the proposed date and the 
                                exporter or producer does not provide 
                                an acceptable alternative date for the 
                                site visit; or
                                    (III) the exporter or producer does 
                                not provide access to relevant 
                                documents or facilities during a site 
                                visit; or
                            (v) the importer, exporter, or producer--
                                    (I) otherwise fails to comply with 
                                the requirements of this section; or
                                    (II) based on the preponderance of 
                                the evidence, circumvents the 
                                requirements of this section.
            (2) Requests for information.--The Secretary shall not make 
        a negative determination described in paragraph (1)(B) unless--
                    (A) in a case in which the Secretary conducts a 
                verification with respect to a good by written request 
                or questionnaire submitted to the importer under 
                article 5.9.1(a) of the USMCA and the claim for 
                preferential tariff treatment under the USMCA is based 
                on a certification of origin completed by the exporter 
                or producer of the good, the Secretary requests 
                information from the exporter or producer that 
                completed the certification; or
                    (B) in a case in which the Secretary conducts a 
                verification with respect to a textile or apparel good 
                by requesting a site visit under article 6.6.2 of the 
                USMCA, the Secretary requests information from the 
                importer and from any exporter or producer that 
                provided information to the Secretary to support the 
                claim for preferential tariff treatment.
    (c) Action Based on Determination.--
            (1) Denial of preferential tariff treatment.--Upon making a 
        negative determination described in subsection (b)(1) with 
        respect to a good, the Secretary may deny preferential tariff 
        treatment under the USMCA with respect to the good.
            (2) Withholding of preferential tariff treatment based on 
        pattern of conduct.--If verifications of origin relating to 
        identical goods indicate a pattern of conduct by an importer, 
        exporter, or producer of false or unsupported representations 
        relevant to a claim that a good imported into the United States 
        qualifies for preferential tariff treatment under the USMCA, 
        U.S. Customs and Border Protection, in accordance with 
        regulations prescribed by the Secretary, may withhold 
        preferential tariff treatment under the USMCA for entries of 
        those goods imported, exported, or produced by that person 
        until U.S. Customs and Border Protection determines that person 
        has established compliance with requirements for claims for 
        preferential tariff treatment under the USMCA.
    (d) Prevention of Circumvention.--In making a determination under 
this section, including whether to accept or reject a claim for 
preferential tariff treatment under the USMCA, the Secretary shall 
interpret the requirements of this section in a manner to avoid and 
prevent circumvention of those requirements.

SEC. 208. DRAWBACK [RESERVED].

SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930.

    (a) Country of Origin Marking.--Section 304 of the Tariff Act of 
1930 (19 U.S.C. 1304) is amended by striking subsection (k) and 
inserting the following:
    ``(k) Treatment of Goods of a USMCA Country.--In applying this 
section to an article that qualifies as a good of a USMCA country (as 
defined in section 3 of the United States-Mexico-Canada Agreement 
Implementation Act)--
            ``(1) the exemption under subsection (a)(3)(H) shall be 
        applied by substituting `reasonably know' for `necessarily 
        know';
            ``(2) the Secretary shall exempt the good from the 
        requirements for marking under subsection (a) if the good--
                    ``(A) is an original work of art; or
                    ``(B) is provided for under subheading 6904.10, 
                heading 8541, or heading 8542 of the Harmonized Tariff 
                Schedule of the United States; and
            ``(3) subsection (b) does not apply to the usual container 
        of any good described in subsection (a)(3)(E) or (I) or 
        paragraph (2)(A) or (B) of this subsection.''.
    (b) Examination of Books and Witnesses.--Section 509(a)(2)(A) of 
the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)(A)) is amended--
            (1) in clause (i), by inserting at the end ``or a vehicle 
        producer whose good is subject to a claim of preferential 
        tariff treatment under the USMCA (as defined in section 3 of 
        the United States-Mexico-Canada Agreement Implementation 
        Act),''; and
            (2) in clause (ii), by striking ``a NAFTA country'' and all 
        that follows through ``Implementation Act)'' and inserting ``a 
        USMCA country (as defined in section 3 of the United States-
        Mexico-Canada Agreement Implementation Act)''.
    (c) Exchange of Information.--Section 628 of the Tariff Act of 1930 
(19 U.S.C. 1628) is amended by striking subsection (c) and inserting 
the following:
    ``(c) Government Agency of USMCA Country.--
            ``(1) In general.--The Secretary may authorize U.S. Customs 
        and Border Protection to exchange information with any 
        government agency of a USMCA country, if the Secretary--
                    ``(A) reasonably believes the exchange of 
                information is necessary to implement chapter 2, 4, 5, 
                6, or 7 of the USMCA; and
                    ``(B) obtains assurances from such agency that the 
                information will be held in confidence and used only 
                for governmental purposes.
            ``(2) Definitions.--In this subsection, the terms `USMCA' 
        and `USMCA country' have the meanings given those terms in 
        section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section 
        shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a good entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after that date.
            (2) Transition from nafta treatment.--In the case of a good 
        entered for consumption, or withdrawn from warehouse for 
        consumption, before the date on which the USMCA enters into 
        force--
                    (A) the amendments made by this section shall not 
                apply with respect to the good; and
                    (B) the provisions of law amended by this section, 
                as such provisions were in effect on the day before 
                that date, shall continue to apply on and after that 
                date with respect to the good.
    (e) Effective Date Relating to Exchange of Information.--
Notwithstanding the amendment made by subsection (c), the Secretary of 
the Treasury shall retain the authority provided in section 628(c) of 
the Tariff Act of 1930 (as in effect on the day before the date on 
which the USMCA enters into force) to exchange information with any 
government agency of a NAFTA country (as defined in section 2 of the 
North American Free Trade Agreement Implementation Act (as in effect on 
the day before the date on which the USMCA enters into force)).

SEC. 210. REGULATIONS.

    (a) Secretary of the Treasury.--The Secretary of the Treasury shall 
prescribe such regulations as may be necessary to carry out this title 
and the amendments made by this title (except as provided by subsection 
(b)).
    (b) Secretary of Labor.--The Secretary of Labor shall prescribe 
such regulations as may be necessary to carry out the labor value 
content determination under section 202A.

        TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES

 Subtitle A--Relief From Injury Caused by Import Competition [reserved]

       Subtitle B--Temporary Entry of Business Persons [reserved]

   Subtitle C--United States-Mexico Cross-border Long-haul Trucking 
                                Services

SEC. 321. DEFINITIONS.

    In this subtitle:
            (1) Border commercial zone.--The term ``border commercial 
        zone'' means--
                    (A) the area of United States territory of the 
                municipalities along the United States-Mexico 
                international border and the commercial zones of such 
                municipalities as described in subpart B of part 372 of 
                title 49, Code of Federal Regulations; and
                    (B) any additional border crossing and associated 
                commercial zones listed in the Federal Motor Carrier 
                Safety Administration OP-2 application instructions or 
                successor documents.
            (2) Cargo originating in mexico.--The term ``cargo 
        originating in Mexico'' means any cargo that enters the United 
        States by commercial motor vehicle from Mexico, including cargo 
        that may have originated in a country other than Mexico.
            (3) Change in circumstances.--The term ``change in 
        circumstance'' may include a substantial increase in services 
        supplied by the grantee of a grant of authority.
            (4) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' means a commercial motor vehicle, as such term is 
        defined in paragraph (1) of section 31132 of title 49, United 
        States Code, that meets the requirements of subparagraph (A) of 
        such paragraph.
            (5) Cross-border long-haul trucking services.--The term 
        ``cross-border long-haul trucking services'' means--
                    (A) the transportation by commercial motor vehicle 
                of cargo originating in Mexico to a point in the United 
                States outside of a border commercial zone; or
                    (B) the transportation by commercial motor vehicle 
                of cargo originating in the United States from a point 
                in the United States outside of a border commercial 
                zone to a point in a border commercial zone or a point 
                in Mexico.
            (6) Driver.--The term ``driver'' means a person that drives 
        a commercial motor vehicle in cross-border long-haul trucking 
        services.
            (7) Grant of authority.--The term ``grant of authority'' 
        means registration granted pursuant to section 13902 of title 
        49, United States Code, or a successor provision, to persons of 
        Mexico to conduct cross-border long-haul trucking services in 
        the United States.
            (8) Interested party.--The term ``interested party'' 
        means--
                    (A) persons of the United States engaged in the 
                provision of cross-border long-haul trucking services;
                    (B) a trade or business association, a majority of 
                whose members are part of the relevant United States 
                long-haul trucking services industry;
                    (C) a certified or recognized union, or 
                representative group of suppliers, operators, or 
                drivers who are part of the United States long-haul 
                trucking services industry;
                    (D) the Government of Mexico; or
                    (E) persons of Mexico.
            (9) Material harm.--The term ``material harm'' means a 
        significant loss in the share of the United States market or 
        relevant sub-market for cross-border long-haul trucking 
        services held by persons of the United States.
            (10) Operator or supplier.--The term ``operator'' or 
        ``supplier'' means an entity that has been granted registration 
        under section 13902 of title 49, United States Code, to provide 
        cross-border long-haul trucking services.
            (11) Persons of mexico.--The term ``persons of Mexico'' 
        includes--
                    (A) entities domiciled in Mexico organized, or 
                otherwise constituted under Mexican law, including 
                subsidiaries of United States companies domiciled in 
                Mexico, or entities owned or controlled by a Mexican 
                national, which conduct cross-border long-haul trucking 
                services, or employ drivers who are non-United States 
                nationals; and
                    (B) drivers who are Mexican nationals.
            (12) Persons of the united states.--The term ``persons of 
        the United States'' includes entities domiciled in the United 
        States, organized or otherwise constituted under United States 
        law, and not owned or controlled by persons of Mexico, which 
        provide cross-border long-haul trucking services and long-haul 
        commercial motor vehicle drivers who are United States 
        nationals.
            (13) Threat of material harm.--The term ``threat of 
        material harm'' means material harm that is likely to occur.
            (14) United states long-haul trucking services industry.--
        The term ``United States long-haul trucking services industry'' 
        means--
                    (A) United States suppliers, operators, or drivers 
                as a whole providing cross-border long-haul trucking 
                services; or
                    (B) United States suppliers, operators, or drivers 
                providing cross-border long-haul trucking services in a 
                specific sub-market of the whole United States market.

SEC. 322. INVESTIGATIONS AND DETERMINATIONS BY COMMISSION.

    (a) Investigation.--Upon the filing of a petition by an interested 
party described in subparagraph (A), (B), or (C) of section 321(8) 
which is representative of a United States long-haul trucking services 
industry, or at the request of the President or the Trade 
Representative, or upon the resolution of the Committee on Ways and 
Means of the House of Representatives or the Committee on Finance of 
the Senate, the International Trade Commission (in this subtitle 
referred to as the ``Commission'') shall promptly initiate an 
investigation to determine--
            (1) whether a request by a person of Mexico to receive a 
        grant of authority that is pending as of the date of the filing 
        of the petition threatens to cause material harm to a United 
        States long-haul trucking services industry;
            (2) whether a person of Mexico who has received a grant of 
        authority on or after the date of entry into force of the USMCA 
        and retains such grant of authority is causing or threatens to 
        cause material harm to a United States long-haul trucking 
        services industry; or
            (3) whether, with respect to a person of Mexico who has 
        received a grant of authority before the date of entry into 
        force of the USMCA and retains such grant of authority, there 
        has been a change in circumstances such that such person of 
        Mexico is causing or threatens to cause material harm to a 
        United States long-haul trucking services industry.
    (b) Transmission of Petition, Request, or Resolution.--The 
Commission shall transmit a copy of any petition, request, or 
resolution filed under subsection (a) to the Trade Representative and 
the Secretary of Transportation.
    (c) Publication and Hearings.--The Commission shall--
            (1) promptly publish notice of the commencement of any 
        investigation under subsection (a) in the Federal Register; and
            (2) within a reasonable time period thereafter, hold public 
        hearings at which the Commission shall afford interested 
        parties an opportunity to be present, to present evidence, to 
        respond to presentations of other parties, and otherwise to be 
        heard.
    (d) Factors Applied in Making Determinations.--In making a 
determination under subsection (a) of whether a request by a person of 
Mexico to receive a grant of authority, or a person of Mexico who has 
received a grant of authority and retains such grant of authority, as 
the case may be, threatens to cause material harm to a United States 
long-haul trucking services industry, the Commission shall--
            (1) consider, among other things, and as relevant--
                    (A) the volume and tonnage of merchandise 
                transported; and
                    (B) the employment, wages, hours of service, and 
                working conditions; and
            (2) with respect to a change in circumstances described in 
        subsection (a)(3), take into account those operations by 
        persons of Mexico under grants of authority in effect as of the 
        date of entry into force of the USMCA are not causing material 
        harm.
    (e) Assistance to Commission.--
            (1) In general.--At the request of the Commission, the 
        Secretary of Homeland Security shall consult with the 
        Commission and shall collect and maintain such additional data 
        and other information on commercial motor vehicles entering or 
        exiting the United States at a port of entry or exit at the 
        United States border with Mexico as the Commission may request 
        for the purpose of conducting investigations under subsection 
        (a) and shall make such information available to the Commission 
        in a timely manner.
            (2) Requests for information.--
                    (A) In general.--At the request of the Commission, 
                the Secretary of Homeland Security, the Secretary of 
                Transportation, the Secretary of Commerce, the 
                Secretary of Labor, and the head of any other Federal 
                agency shall make available to the Commission any 
                information in their possession, including proprietary 
                information, as the Commission may require in order to 
                assist the Commission in making determinations under 
                subsection (a).
                    (B) Confidential business information.--The 
                Commission shall treat any proprietary information 
                obtained under subparagraph (A) as confidential 
                business information in accordance with regulations 
                adopted by the Commission to carry out this subtitle.
    (f) Limited Disclosure of Confidential Business Information Under 
Protective Order.--The Commission shall promulgate regulations to 
provide access to confidential business information under protective 
order to authorized representatives of interested parties who are 
parties to an investigation under subsection (a).
    (g) Deadline for Determination.--
            (1) In general.--Not later than 120 days after the date on 
        which an investigation is initiated under subsection (a) with 
        respect to a petition, request, or resolution, the Commission 
        shall make a determination with respect to the petition, 
        request, or resolution.
            (2) Exception.--If, before the 100th day after an 
        investigation is initiated under subsection (a), the Commission 
        determines that the investigation is extraordinarily 
        complicated, the Commission shall make its determination with 
        respect to the investigation not later than 150 days after the 
        date referred to in paragraph (1).
    (h) Applicable Provisions.--For purposes of this subtitle, the 
provisions of paragraphs (1), (2), and (3) of section 330(d) of the 
Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect to 
determinations and findings made under this section as if such 
determinations and findings were made under section 202 of the Trade 
Act of 1974 (19 U.S.C. 2252).

SEC. 323. COMMISSION RECOMMENDATIONS AND REPORT.

    (a) In General.--If the Commission makes an affirmative 
determination under section 322, the Commission shall recommend the 
action that is necessary to address the material harm or threat of 
material harm found.
    (b) Limitation.--Only those members of the Commission who agreed to 
the affirmative determination under section 322 are eligible to vote on 
the recommendation required to be made under subsection (a).
    (c) Report.--Not later than the date that is 60 days after the date 
on which the determination is made under section 322, the Commission 
shall submit to the President a report that includes--
            (1) the determination and an explanation of the basis for 
        the determination;
            (2) if the determination is affirmative, recommendations 
        for action and an explanation of the basis for the 
        recommendation; and
            (3) any dissenting or separate views by members of the 
        Commission regarding the determination.
    (d) Public Notice.--Upon submitting a report to the President under 
subsection (c), the Commission shall--
            (1) promptly make public the report (with the exception of 
        information which the Commission determines to be confidential 
        business information); and
            (2) publish a summary of the report in the Federal 
        Register.

SEC. 324. ACTION BY PRESIDENT WITH RESPECT TO AFFIRMATIVE 
              DETERMINATION.

    (a) In General.--Not later than the date that is 30 days after the 
date on which the President receives a report of the Commission in 
which the Commission's determination under section 322 is affirmative 
or which contains a determination that the President may treat as 
affirmative in accordance with section 330(d)(1) of the Tariff Act of 
1930 (19 U.S.C. 1330(d)(1))--
            (1) the President shall, subject to subsection (b), issue 
        an order to the Secretary of Transportation specifying the 
        relief to be provided, consistent with subsection (c), and 
        directing the relief to be carried out; and
            (2) the Secretary of Transportation shall carry out such 
        relief.
    (b) Exception.--The President is not required to provide relief 
under this section if the President determines that provision of such 
relief--
            (1) is not in the national economic interest of the United 
        States; or
            (2) would cause serious harm to the national security of 
        the United States.
    (c) Nature of Relief.--
            (1) In general.--The relief the President is authorized to 
        provide under this subsection is as follows:
                    (A)(i) With respect to a determination relating to 
                an investigation under section 322(a)(1), the denial or 
                imposition of limitations on a request for a new grant 
                of authority by the persons of Mexico that are the 
                subject of the investigation.
                    (ii) With respect to a determination relating to an 
                investigation under section 322(a)(1), the revocation 
                of, or restrictions on, grants of authority issued to 
                the persons of Mexico that are the subject of the 
                investigation since the date of the petition, request, 
                or resolution.
                    (B) With respect to a determination relating to an 
                investigation under section 322(a)(2) or (3), the 
                revocation or imposition of limitations on an existing 
                grant of authority by the persons of Mexico that are 
                the subject of the investigation.
                    (C) With respect to a determination relating to an 
                investigation under section 322(a)(1), (2), or (3), a 
                cap on the number of grants of authority issued to 
                persons of Mexico annually.
            (2) Deadline for relief.--Not later than 15 days after the 
        date on which the President determines the relief to be 
        provided under this subsection, the President shall direct the 
        Secretary of Transportation to carry out the relief.
    (d) Period of Relief.--
            (1) In general.--Subject to paragraph (2), any relief that 
        the President provides under this section may not be in effect 
        for more than 2 years.
            (2) Extension.--
                    (A) In general.--Subject to subparagraph (C), the 
                President, after receiving a determination from the 
                Commission under subparagraph (B) that is affirmative, 
                or which contains a determination that the President 
                may treat as affirmative in accordance with section 
                330(d)(1) of the Tariff Act of 1930 (19 U.S.C. 
                1330(d)(1)(1)), may extend the effective period of 
                relief provided under this section by up to an 
                additional 4 years, if the President determines that 
                the provision of the relief continues to be necessary 
                to remedy or prevent material harm.
                    (B) Action by commission.--
                            (i) Investigation.--Upon request of the 
                        President, or upon the filing by an interested 
                        party described in subparagraph (A), (B), or 
                        (C) of section 321(8) which is representative 
                        of a United States long-haul trucking services 
                        industry that is filed with the Commission not 
                        earlier than the date that is 270 days, and not 
                        later than the date that is 240 days, before 
                        the date on which any action taken under this 
                        section is to terminate, the Commission shall 
                        conduct an investigation to determine whether 
                        action under this section continues to be 
                        necessary to remedy or prevent material harm.
                            (ii) Notice and hearing.--The Commission 
                        shall--
                                    (I) publish notice of the 
                                commencement of an investigation under 
                                clause (i) in the Federal Register; and
                                    (II) within a reasonable time 
                                thereafter, hold a public hearing at 
                                which the Commission shall afford 
                                interested parties an opportunity to be 
                                present, to present evidence, and to 
                                respond to the presentations of other 
                                parties and consumers, and otherwise be 
                                heard.
                            (iii) Report.--Not later than the date that 
                        is 60 days before relief provided under 
                        subsection (a) is to terminate, or such other 
                        date as determined by the President, the 
                        Commission shall submit to the President a 
                        report on its investigation and determination 
                        under this subparagraph.
                    (C) Period of relief.--Any relief provided under 
                this section, including any extension thereof, may not, 
                in the aggregate, be in effect for more than 6 years.
                    (D) Limitation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Commission may not conduct an 
                        investigation under subparagraph (B)(i) if--
                                    (I) the subject matter of the 
                                investigation is the same as the 
                                subject matter of a previous 
                                investigation conducted under 
                                subparagraph (B)(i); and
                                    (II) less than 1 year has elapsed 
                                since the Commission made its report to 
                                the President of the results of such 
                                previous investigation.
                            (ii) Exception.--Clause (i) shall not apply 
                        with respect to an investigation if the 
                        Commission determines good cause exists to 
                        conduct the investigation.
    (e) Regulations.--The Commission and the Secretary of 
Transportation are authorized to promulgate such rules and regulations 
as may be necessary to carry out this subtitle.

SEC. 325. CONFIDENTIAL BUSINESS INFORMATION.

    Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) 
is amended in the first sentence by striking ``and title III of the 
United States-Panama Trade Promotion Agreement Implementation Act'' and 
inserting ``, title III of the United States-Panama Trade Promotion 
Agreement Implementation Act, and subtitle C of title III of the United 
States-Mexico-Canada Agreement Implementation Act''.

SEC. 326. CONFORMING AMENDMENTS.

    (a) Registration of Motor Carriers.--Section 13902 of title 49, 
United States Code, is amended by inserting at the end the following:
    ``(j) Mexico-Domiciled Motor Carriers.--Notwithstanding any other 
provision of this section, upon an order in accordance with section 
324(a) of the United States-Mexico-Canada Agreement Implementation Act, 
the Secretary shall carry out the relief specified by denying or 
imposing limitations on a request for registration or capping the 
number of requests for registration by Mexico-domiciled motor carriers 
of cargo to operate beyond the municipalities along the United States-
Mexico international border and the commercial zones of those 
municipalities as directed.''.
    (b) Effective Periods of Registration.--Section 13905 of title 49, 
United States Code, is amended by inserting at the end the following:
    ``(g) Mexico-Domiciled Motor Carriers.--Notwithstanding any other 
provision of this section, upon an order in accordance with section 
324(a) of the United States-Mexico-Canada Agreement Implementation Act, 
the Secretary shall carry out the relief specified by revoking or 
imposing limitations on existing registrations of Mexico-domiciled 
motor carriers of cargo to operate beyond the municipalities along the 
United States-Mexico international border and the commercial zones of 
those municipalities as directed.''.

SEC. 327. SURVEY OF OPERATING AUTHORITIES.

    The Department of Transportation shall undertake a survey of all 
existing grants of operating authority to, and pending applications for 
operating authority from, all Mexico-domiciled motor property carriers 
for operating beyond the Border Commercial Zones, including OP-1 (MX) 
operating authority (Mexico-domiciled Carriers for Motor Carrier 
Authority to Operate Beyond U.S. Municipalities and Commercial Zones on 
the U.S.-Mexico Border) and OP-1 operating authority (United States-
based Enterprise Carrier of International Cargo Application for Motor 
Property Carrier and Broker Authority). The Department of 
Transportation shall prepare a report summarizing the results of such 
survey not less than 180 days after the date on which the USMCA enters 
into force, which it shall deliver to the Office of the United States 
Trade Representative, the Commission, and the Chairs and Ranking 
Members of the Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Ways and Means of the 
House of Representatives, and the Committee on Finance of the Senate.

            TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES

                  Subtitle A--Preventing Duty Evasion

SEC. 401. COOPERATION ON DUTY EVASION.

    Section 414(b) of the Enforce and Protect Act of 2015 (19 U.S.C. 
4374(b)) is amended--
            (1) by inserting ``or a party to the USMCA (as defined in 
        section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act)'' after ``subsection (a)''; and
            (2) by inserting ``or the USMCA, as the case may be,'' 
        after ``the bilateral agreement''.

               Subtitle B--Dispute Settlement [reserved]

                   Subtitle C--Conforming Amendments

SEC. 421. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY 
              CASES.

    Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(B)(vii), by striking ``the 
                Tariff Act of 1930'' and inserting ``this Act''; and
                    (B) in paragraph (5)(D)(i), by striking ``article 
                1904 of the NAFTA'' and inserting ``article 10.12 of 
                the USMCA'';
            (2) in subsection (b)(3)--
                    (A) in the paragraph heading, by striking ``nafta 
                or united states-canada'' and inserting ``united 
                states-canada or usmca''; and
                    (B) in the text, by striking ``of the NAFTA or of 
                the Agreement'' and inserting ``of the Agreement or 
                article 10.12 of the USMCA'';
            (3) in subsection (f)--
                    (A) in paragraph (6)(A), by striking ``article 1908 
                of the NAFTA'' and inserting ``article 10.16 of the 
                USMCA'';
                    (B) in paragraph (7)(A), by striking ``article 1908 
                of the NAFTA'' and inserting ``article 10.16 of the 
                USMCA'';
                    (C) by striking paragraph (8);
                    (D) by redesignating paragraphs (9) and (10) as 
                paragraphs (8) and (9), respectively;
                    (E) in paragraph (9), as redesignated by 
                subparagraph (D), by striking subparagraphs (A) and (B) 
                and inserting the following:
                    ``(A) Canada for such time as the USMCA is in force 
                with respect to, and the United States applies the 
                USMCA to, Canada.
                    ``(B) Mexico for such time as the USMCA is in force 
                with respect to, and the United States applies the 
                USMCA to, Mexico.''; and
                    (F) by adding at the end the following:
            ``(10) USMCA.--The term `USMCA' has the meaning given that 
        term in section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act.'';
            (4) in subsection (g)--
                    (A) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``of the NAFTA or of the 
                Agreement'' and inserting ``of the Agreement or article 
                10.12 of the USMCA'';
                    (B) in paragraph (3)(A)--
                            (i) in clause (i), by striking ``of the 
                        NAFTA or of the Agreement.'' and inserting ``of 
                        the Agreement or article 10.12 of the USMCA;'';
                            (ii) in clause (iii), by striking ``the 
                        NAFTA or of the Agreement'' and inserting ``the 
                        Agreement or the USMCA'';
                            (iii) in clause (v), by striking 
                        ``paragraph 12 of article 1905 of the NAFTA'' 
                        and inserting ``article 10.13 of the USMCA''; 
                        and
                            (iv) in clause (vi), by striking 
                        ``paragraph 12 of article 1905 of the NAFTA'' 
                        and inserting ``article 10.13 of the USMCA'';
                    (C) in paragraph (4)(A), by striking ``the North 
                American Free Trade Agreement'' and all that follows 
                through ``chapter 19 of the Agreement'' and inserting 
                ``the United States-Canada Free-Trade Agreement 
                Implementation Act of 1988 implementing the binational 
                panel dispute settlement system under chapter 19 of the 
                Agreement, or the United States-Mexico-Canada Agreement 
                Implementation Act implementing the binational panel 
                dispute settlement system under chapter 10 of the 
                USMCA'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A), by striking ``of 
                        the NAFTA or of the Agreement'' and inserting 
                        ``of the Agreement or article 10.12 of the 
                        USMCA'';
                            (ii) in subparagraph (B), by striking ``of 
                        the NAFTA or of the Agreement'' and inserting 
                        ``of the Agreement or article 10.12 of the 
                        USMCA''; and
                            (iii) in subparagraph (C)--
                                    (I) in clause (i), by striking ``of 
                                the NAFTA or of the Agreement'' and 
                                inserting ``of the Agreement or article 
                                10.12 of the USMCA''; and
                                    (II) in clause (iii), by striking 
                                ``of the NAFTA or of the Agreement'' 
                                and inserting ``of the Agreement or 
                                chapter 10 of the USMCA'';
                    (E) in paragraph (6), by striking ``of the NAFTA or 
                of the Agreement'' and inserting ``of the Agreement or 
                article 10.12 of the USMCA'';
                    (F) in paragraph (7)--
                            (i) in the paragraph heading, by striking 
                        ``of the nafta or the agreement'' and inserting 
                        ``of the agreement or article 10.12 of the 
                        usmca''; and
                            (ii) in subparagraph (A), by striking ``the 
                        NAFTA or the Agreement'' and inserting 
                        ``article 1904 of the Agreement or article 
                        10.12 of the USMCA'';
                    (G) in paragraph (8)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by striking ``of 
                                the NAFTA or of the Agreement'' and 
                                inserting ``of the Agreement or article 
                                10.12 of the USMCA''; and
                                    (II) in clause (ii)--
                                            (aa) in the clause heading, 
                                        by striking ``nafta'' and 
                                        inserting ``usmca''; and
                                            (bb) in the text, by 
                                        striking ``paragraph 11(a) of 
                                        article 1905 of the NAFTA'' and 
                                        inserting ``article 10.13 of 
                                        the USMCA''; and
                            (ii) in subparagraph (C), by striking ``of 
                        the NAFTA or the Agreement'' and inserting ``of 
                        the Agreement or article 10.12 of the USMCA'';
                    (H) in paragraph (9), by striking ``of the NAFTA or 
                of the Agreement'' and inserting ``of the Agreement or 
                chapter 10 of the USMCA'';
                    (I) in paragraph (10), by striking ``the NAFTA or 
                the Agreement'' and inserting ``the Agreement or under 
                article 10.12 of the USMCA'';
                    (J) by striking paragraph (11) and inserting the 
                following:
            ``(11) Suspension and termination of suspension of article 
        10.12 of the usmca.--
                    ``(A) Suspension.--If a special committee 
                established under article 10.13 of the USMCA issues an 
                affirmative finding, the Trade Representative may, in 
                accordance with article 10.13 of the USMCA, suspend the 
                operation of article 10.12 of the USMCA.
                    ``(B) Termination of suspension.--If a special 
                committee is reconvened and makes an affirmative 
                determination described in article 10.13 of the USMCA, 
                any suspension of the operation of article 10.12 of the 
                USMCA shall terminate.''; and
                    (K) in paragraph (12)--
                            (i) in the paragraph heading, by striking 
                        ``nafta'' and inserting ``usmca'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) Notice of suspension or termination of 
                suspension of article 10.12 of the usmca.--
                            ``(i) Notice of suspension.--Upon 
                        notification by the Trade Representative or the 
                        government of a country described in 
                        subparagraph (A) or (B) of subsection (f)(9) 
                        that the operation of article 10.12 of the 
                        USMCA has been suspended in accordance with 
                        article 10.13 of the USMCA, the United States 
                        Secretary shall publish in the Federal Register 
                        a notice of suspension of article 10.12 of the 
                        USMCA.
                            ``(ii) Notice of termination of 
                        suspension.--Upon notification by the Trade 
                        Representative or the government of a country 
                        described in subparagraph (A) or (B) of 
                        subsection (f)(9) that the suspension of the 
                        operation of article 10.12 of the USMCA is 
                        terminated in accordance with article 10.13 of 
                        the USMCA, the United States Secretary shall 
                        publish in the Federal Register a notice of 
                        termination of suspension of article 10.12 of 
                        the USMCA.'';
                            (iii) in subparagraph (B)--
                                    (I) in the subparagraph heading, by 
                                striking ``article 1904'' and inserting 
                                ``article 10.12 of the usmca''; and
                                    (II) in the matter preceding clause 
                                (i), by striking ``If'' and all that 
                                follows through ``NAFTA--'' and 
                                inserting the following: ``If the 
                                operation of article 10.12 of the USMCA 
                                is suspended in accordance with article 
                                10.13 of the USMCA--'';
                            (iv) in subparagraph (C)--
                                    (I) in clause (i)--
                                            (aa) in the matter 
                                        preceding subclause (I), by 
                                        striking ``if the United 
                                        States'' and all that follows 
                                        through ``NAFTA--'' and 
                                        inserting the following: ``if 
                                        the United States made an 
                                        allegation under article 10.13 
                                        of the USMCA and the operation 
                                        of article 10.12 of the USMCA 
                                        was suspended pursuant to 
                                        article 10.13 of the USMCA--''; 
                                        and
                                            (bb) in subclause (I), by 
                                        striking ``subsection 
                                        (f)(10)(A) or (B)'' and 
                                        inserting ``subparagraph (A) or 
                                        (B) of subsection (f)(9)''; and
                                    (II) in clause (ii), in the matter 
                                preceding subclause (I), by striking 
                                ``if a country'' and all that follows 
                                through ``NAFTA--'' and inserting the 
                                following: ``if a country described in 
                                subparagraph (A) or (B) of subsection 
                                (f)(9) made an allegation under article 
                                10.13 of the USMCA and the operation of 
                                article 10.12 of the USMCA was 
                                suspended pursuant to article 10.13 of 
                                the USMCA--''; and
                            (v) in subparagraph (D)(i), by striking ``a 
                        country described'' and all that follows 
                        through ``NAFTA'' and inserting ``a country 
                        described in subparagraph (A) or (B) of 
                        subsection (f)(9) pursuant to article 10.13 of 
                        the USMCA''.

SEC. 422. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF THE TARIFF ACT 
              OF 1930.

    (a) Disclosure of Proprietary Information Under Protective 
Orders.--Section 777(f) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)) 
is amended--
            (1) in the subsection heading, by striking ``North American 
        Free Trade Agreement or the United States-Canada Agreement'' 
        and inserting ``the United States-Canada Agreement or the 
        USMCA'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``article 1904 
                of the NAFTA'' and all that follows through ``, the 
                administering authority'' and inserting ``article 1904 
                of the United States-Canada Agreement or article 10.12 
                of the USMCA, or an extraordinary challenge committee 
                is convened under Annex 1904.13 of the United States-
                Canada Agreement or chapter 10 of the USMCA, the 
                administering authority''; and
                    (B) in subparagraph (B), by striking ``chapter 19 
                of the NAFTA or the Agreement'' each place it appears 
                and inserting ``chapter 19 of the Agreement or chapter 
                10 of the USMCA'';
            (3) in paragraph (3), by striking ``the NAFTA or the United 
        States-Canada Agreement'' and inserting ``article 1904 of the 
        United States-Canada Agreement or article 10.12 of the USMCA'';
            (4) in paragraph (4), by striking ``section 402(b) of the 
        North American Free Trade Agreement Implementation Act'' and 
        inserting ``section 412(b) of the United States-Mexico-Canada 
        Agreement Implementation Act''; and
            (5) by striking ``section 516A(f)(10)'' each place it 
        appears and inserting ``section 516A(f)(9)''.
    (b) Definition.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677) is amended by striking paragraph (22) and inserting the 
following:
            ``(22) USMCA.--The term `USMCA' has the meaning given that 
        term in section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act.''.

SEC. 423. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE.

    (a) Court of International Trade.--Chapter 95 of title 28, United 
States Code, is amended--
            (1) in section 1581(i)--
                    (A) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively;
                    (B) by inserting ``(1)'' after ``(i)'';
                    (C) in subparagraph (D), as redesignated by 
                subparagraph (A), by striking ``paragraphs (1)-(3) of 
                this subsection'' and inserting ``subparagraphs (A) 
                through (C) of this paragraph''; and
                    (D) by striking the flush text and inserting the 
                following:
    ``(2) This subsection shall not confer jurisdiction over an 
antidumping or countervailing duty determination which is reviewable 
by--
            ``(A) the Court of International Trade under section 
        516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)); or
            ``(B) a binational panel under section 516A(g) of the 
        Tariff Act of 1930 (19 U.S.C. 1516a(g)).'';
            (2) in section 1584, by striking the section heading and 
        inserting the following:
``Sec. 1584. Civil actions under the United States-Canada Free-Trade 
              Agreement or the USMCA'';
        and
            (3) in the table of sections at the beginning of the 
        chapter, by striking the item relating to section 1584 and 
        inserting the following:

``1584. Civil actions under the United States-Canada Free-Trade 
                            Agreement or the USMCA.''.
    (b) Particular Proceedings.--Sections 2201(a) and 2643(c)(5) of 
title 28, United States Code, are each amended by striking ``section 
516A(f)(10)'' and inserting ``section 516A(f)(9)''.

                     Subtitle D--General Provisions

SEC. 431. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS.

    (a) In General.--Except as provided in subsection (b), on the date 
on which a country ceases to be a USMCA country, the provisions of this 
title (other than this section) and the amendments made by this title 
shall cease to have effect with respect to that country.
    (b) Transition Provisions.--
            (1) Proceedings regarding protective orders and 
        undertakings.--If on the date on which a country ceases to be a 
        USMCA country an investigation or enforcement proceeding 
        concerning the violation of a protective order issued under 
        section 777(f) of the Tariff Act of 1930 (as amended by this 
        title) or an undertaking of the government of that country is 
        pending, the investigation or proceeding shall continue, and 
        sanctions may continue to be imposed, in accordance with the 
        provisions of such section 777(f) (as so amended).
            (2) Binational panel and extraordinary challenge committee 
        reviews.--If on the date on which a country ceases to be a 
        USMCA country--
                    (A) a binational panel review under article 10.12 
                of the USMCA is pending, or has been requested, or
                    (B) an extraordinary challenge committee review 
                under that article is pending, or has been requested,
        with respect to a determination which involves a class or kind 
        of merchandise and to which subsection (g)(2) of section 516A 
        of the Tariff Act of 1930 (19 U.S.C. 1516a) applies, such 
        determination shall be reviewable under subsection (a) of that 
        section. In the case of a determination to which the provisions 
        of this paragraph apply, the time limits for commencing an 
        action under 516A(a) of the Tariff Act of 1930 shall not begin 
        to run until the date on which the USMCA ceases to be in force 
        with respect to that country.

SEC. 432. EFFECTIVE DATE.

    The provisions of this title and the amendments made by this title 
shall take effect on the date on which the USMCA enters into force, but 
shall not apply--
            (1) to any final determination described in paragraph 
        (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of 
        section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) 
        notice of which is published in the Federal Register before 
        such date, or to a determination described in paragraph 
        (2)(B)(vi) of that section notice of which is received by the 
        Government of Canada or Mexico before such date; or
            (2) to any binational panel review under NAFTA, or any 
        extraordinary challenge arising out of any such review, that 
        was commenced before such date.

           TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS

SEC. 501. DRAWBACK.

    (a) Clerical Amendment.--Section 208 of this Act is amended in the 
section heading by striking ``[reserved]''.
    (b) USMCA Drawback.--Subsection (a) of section 203 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3333) is--
            (1) transferred to section 208 of this Act;
            (2) inserted after the section heading for that section (as 
        amended by subsection (a)); and
            (3) amended--
                    (A) by striking ``NAFTA country'' each place it 
                appears and inserting ``USMCA country'';
                    (B) in the subsection heading, by striking 
                ``NAFTA'' and inserting ``USMCA'';
                    (C) in the matter preceding paragraph (1)--
                            (i) by striking ``and the amendments made 
                        by subsection (b)''; and
                            (ii) by striking ``NAFTA drawback'' and 
                        inserting ``USMCA drawback'';
                    (D) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``sorting, marking,'' after ``repacking,''; and
                            (ii) in subparagraph (B), by striking 
                        ``paragraph 12 of section A of Annex 703.2 of 
                        the Agreement'' and inserting ``paragraph 11 of 
                        Annex 3-B of the USMCA''; and
                    (E) by amending paragraph (6) to read as follows:
            ``(6) A good provided for in subheading 1701.13.20 or 
        1701.14.20 of the HTS that is imported under any re-export 
        program or any like program and that is--
                    ``(A) used as a material, or
                    ``(B) substituted for by a good of the same kind 
                and quality that is used as a material,
        in the production of a good provided for in existing Canadian 
        tariff item 1701.99.00 or existing Mexican tariff item 
        1701.99.01, 1701.99.02, or 1701.99.99 (relating to refined 
        sugar).''.
    (c) Same Kind and Quality.--Section 208 of this Act, as amended by 
subsection (b), is further amended by adding at the end the following:
    ``(b) Same Kind and Quality.--For purposes of paragraphs 
(3)(A)(iii), (5)(C), (6)(B), and (8) of subsection (a), and for 
purposes of obtaining refunds, waivers, or reductions of customs duties 
with respect to a good subject to USMCA drawback under section 
313(n)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(n)(2)), a good is a 
good of the same kind and quality as another good--
            ``(1) for a good described in such paragraph (6)(B), if the 
        good would have been considered of the same kind and quality as 
        the other good on the day before the date on which the USMCA 
        enters into force; or
            ``(2) for other goods if--
                    ``(A) the good is classified under the same 8-digit 
                HTS subheading number as the other good; or
                    ``(B) drawback would be allowed with respect to the 
                goods under subsection (b)(4), (j)(1), or (p) of 
                section 313 of the Tariff Act of 1930 (19 U.S.C. 
                1313).''.
    (d) Certain Fees; Inapplicability to Countervailing and Antidumping 
Duties.--Subsections (d) and (e) of section 203 of the North American 
Free Trade Agreement Implementation Act (19 U.S.C. 3333) are--
            (1) transferred to section 208 of this Act;
            (2) inserted after subsection (b) of section 208 (as added 
        by subsection (c));
            (3) redesignated as subsections (c) and (d), respectively; 
        and
            (4) amended, in subsection (c) (as redesignated by 
        paragraph (3)), by striking ``exported to'' and all that 
        follows through the period at the end and inserting ``exported 
        to a USMCA country.''.
    (e) Conforming Amendments.--
            (1) Bonded manufacturing warehouses.--Section 311 of the 
        Tariff Act of 1930 (19 U.S.C. 1311) is amended, in the eleventh 
        paragraph--
                    (A) by striking ``NAFTA'' each place it appears;
                    (B) by striking ``section 203(a) of the North 
                American Free Trade Agreement Implementation Act'' and 
                inserting ``section 208(a) of the United States-Mexico-
                Canada Agreement Implementation Act''; and
                    (C) by striking ``section 2(4) of that Act'' and 
                inserting ``section 3 of that Act''.
            (2) Bonded smelting and refining warehouses.--Section 312 
        of the Tariff Act of 1930 (19 U.S.C. 1312) is amended, in 
        subsections (b) and (d)--
                    (A) by striking ``NAFTA'' each place it appears and 
                inserting ``USMCA'';
                    (B) by striking ``section 2(4) of the North 
                American Free Trade Agreement Implementation Act'' each 
                place it appears and inserting ``section 3 of the 
                United States-Mexico-Canada Agreement Implementation 
                Act''; and
                    (C) by striking ``section 203(a) of that Act'' each 
                place it appears and inserting ``section 208(a) of that 
                Act''.
            (3) Drawback and refunds.--Section 313 of the Tariff Act of 
        1930 (19 U.S.C. 1313) is amended--
                    (A) in subsection (j)(4), by striking subparagraph 
                (A) and inserting the following:
            ``(A)(i) Effective upon the entry into force of the USMCA, 
        the exportation to a USMCA country of merchandise that is 
        fungible with and substituted for imported merchandise, other 
        than merchandise described in paragraphs (1) through (8) of 
        section 208(a) of the United States-Mexico-Canada Agreement 
        Implementation Act, shall not constitute an exportation for 
        purposes of paragraph (2).
            ``(ii) In this subparagraph, the terms `USMCA' and `USMCA 
        country' have the meanings given those terms in section 3 of 
        the United States-Mexico-Canada Agreement Implementation 
        Act.'';
                    (B) in subsection (n)--
                            (i) in paragraph (1), by striking 
                        subparagraphs (A) and (B) and inserting the 
                        following:
            ``(A) the term `USMCA country' has the meaning given that 
        term in section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act;
            ``(B) the term `good subject to USMCA drawback' has the 
        meaning given that term in section 208(a) of the United States-
        Mexico-Canada Agreement Implementation Act;''; and
                            (ii) in paragraphs (2) and (3), by striking 
                        ``NAFTA'' each place it appears and inserting 
                        ``USMCA''; and
                    (C) in subsection (o), by striking ``NAFTA'' each 
                place it appears and inserting ``USMCA''.
            (4) Manipulation in warehouse.--Section 562 of the Tariff 
        Act of 1930 (19 U.S.C. 1562) is amended--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) without payment of duties for exportation to a USMCA 
        country, as defined in section 3 of the United States-Mexico-
        Canada Agreement Implementation Act, if the merchandise is of a 
        kind described in any of paragraphs (1) through (8) of section 
        208(a) of that Act;'';
                    (B) in paragraph (2)--
                            (i) by striking ``section 203(a) of that 
                        Act'' and inserting ``section 208(a) of that 
                        Act''; and
                            (ii) by striking ``NAFTA'' each place it 
                        appears and inserting ``USMCA''; and
                    (C) in paragraphs (3) and (4), by striking 
                ``NAFTA'' each place it appears and inserting 
                ``USMCA''.
            (5) Foreign trade zones.--Section 3(a)(2) of the Act of 
        June 18, 1934 (commonly known as the ``Foreign Trade Zones 
        Act'') (19 U.S.C. 81c(a)(2)) is amended, in the flush text--
                    (A) by striking ``goods subject to NAFTA drawback, 
                as defined in section 203(a) of the North American Free 
                Trade Agreement Implementation Act'' and inserting 
                ``goods subject to USMCA drawback, as defined in 
                section 208(a) of the United States-Mexico-Canada 
                Agreement Implementation Act'';
                    (B) by striking ``a NAFTA country, as defined in 
                section 2(4) of that Act'' and inserting ``a USMCA 
                country, as defined in section 3 of that Act''; and
                    (C) by striking ``NAFTA'' each place it appears and 
                inserting ``USMCA''.
    (f) Additional Clerical Amendment.--The table of contents for this 
Act is amended by striking the item relating to section 208 and 
inserting the following:

``Sec. 208. Drawback.''.
    (g) Effective Date.--
            (1) In general.--Each transfer, redesignation, and 
        amendment made by subsections (b) through (e) shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a good entered, or 
                withdrawn from warehouse for consumption, on or after 
                that date.
            (2) Transition from nafta treatment.--In the case of a good 
        entered, or withdrawn from warehouse for consumption, before 
        the date on which the USMCA enters into force--
                    (A) the amendments made by subsections (b) through 
                (e) shall not apply with respect to the good; and
                    (B) the provisions of law amended by such 
                subsections, as such provisions were in effect on the 
                day before that date, shall continue to apply on and 
                after that date with respect to the good.

SEC. 502. RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION.

    (a) Clerical Amendment.--Subtitle A of title III of this Act is 
amended in the subtitle heading by striking ``[reserved]''.
    (b) Article Impact in Import Relief Cases.--Section 311 of the 
North American Free Trade Agreement Implementation Act (19 U.S.C. 3371) 
is--
            (1) transferred to subtitle A of title III of this Act;
            (2) inserted after the heading (as amended by subsection 
        (a)) of such subtitle;
            (3) redesignated as section 301; and
            (4) amended--
                    (A) in the section heading, by striking ``nafta'' 
                and inserting ``usmca'';
                    (B) in subsection (c), by striking ``section 
                312(a)'' and inserting ``section 302(a)''; and
                    (C) by striking ``NAFTA'' each place it appears and 
                inserting ``USMCA''.
    (c) Presidential Action Regarding Imports.--Section 312 of the 
North American Free Trade Agreement Implementation Act (19 U.S.C. 3372) 
is--
            (1) transferred to subtitle A of title III of this Act;
            (2) inserted after section 301 (as inserted and 
        redesignated by subsection (b));
            (3) redesignated as section 302; and
            (4) amended--
                    (A) in the section heading, by striking ``nafta'' 
                and inserting ``usmca'';
                    (B) in subsection (b), in the subsection heading, 
                by striking ``NAFTA'' and inserting ``USMCA'';
                    (C) in subsection (c), in the subsection heading, 
                by striking ``NAFTA'' and inserting ``USMCA''; and
                    (D) by striking ``NAFTA'' each place it appears and 
                inserting ``USMCA''.
    (d) Additional Clerical Amendments.--The table of contents for this 
Act is amended by striking the item relating to subtitle A of title III 
and inserting the following:

     ``Subtitle A--Relief From Injury Caused by Import Competition

``Sec. 301. USMCA article impact in import relief cases under the Trade 
                            Act of 1974.
``Sec. 302. Presidential action regarding USMCA imports.''.
    (e) Effective Date.--
            (1) In general.--Each transfer, redesignation, and 
        amendment made by this section shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to an investigation under 
                chapter 1 of title II of the Trade Act of 1974 (19 
                U.S.C. 2251 et seq.) initiated on or after that date.
            (2) Transition from nafta.--In the case of an investigation 
        under chapter 1 of title II of the Trade Act of 1974 initiated 
        before the date on which the USMCA enters into force--
                    (A) the transfers, redesignations, and amendments 
                made by this section shall not apply with respect to 
                the investigation; and
                    (B) sections 311 and 312 of the North American Free 
                Trade Agreement Implementation Act (19 U.S.C. 3371 and 
                3372), as in effect on the day before that date, shall 
                continue to apply on and after that date with respect 
                to the investigation.

SEC. 503. TEMPORARY ENTRY.

    (a) Clerical Amendment.--Subtitle B of title III of this Act is 
amended in the subtitle heading by striking ``[reserved]''.
    (b) Nonimmigrant Traders and Investors.--Section 341 of the North 
American Free Trade Agreement Implementation Act (Public Law 103-182; 
107 Stat. 2116) is--
            (1) transferred to subtitle B of title III of this Act;
            (2) inserted after the heading (as amended by subsection 
        (a)) of such subtitle;
            (3) redesignated as section 311; and
            (4) amended--
                    (A) by striking subsections (b) and (c);
                    (B) by striking ``(a)'' and all that follows 
                through ``Upon'' and inserting ``Upon'';
                    (C) by striking ``the Agreement'' each place it 
                appears and inserting ``the USMCA'';
                    (D) by striking ``Annex 1603'' and inserting 
                ``Annex 16-A''; and
                    (E) by striking ``Annex 1608'' and inserting 
                ``article 16.1''.
    (c) Nonimmigrant Professionals.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184) is amended--
            (1) in subsection (e)--
                    (A) by striking paragraphs (1), (3), (4), and (5);
                    (B) by redesignating paragraphs (2) and (6) as 
                paragraphs (1) and (2), respectively; and
                    (C) in paragraph (1), as redesignated by 
                subparagraph (B)--
                            (i) by striking ``Annex 1603 of the North 
                        American Free Trade Agreement (in this 
                        subsection referred to as `NAFTA')'' and 
                        inserting ``Annex 16-A of the USMCA (as defined 
                        in section 3 of the United States-Mexico-Canada 
                        Agreement Implementation Act)''; and
                            (ii) by striking the third and fourth 
                        sentences and inserting the following: ``For 
                        purposes of this paragraph, the term `citizen 
                        of Mexico' means `citizen' as defined in 
                        article 16.1 of the USMCA.''; and
            (2) in subsection (j)(1)--
                    (A) in the first sentence, by striking ``Annex 1603 
                of the North American Free Trade Agreement'' and 
                inserting ``Annex 16-A of the USMCA (as defined in 
                section 3 of the United States-Mexico-Canada Agreement 
                Implementation Act)'';
                    (B) in the second sentence, by striking ``article 
                1603 of such Agreement'' and inserting ``article 16.4 
                of the USMCA''; and
                    (C) in the third sentence, by striking ``Annex 1608 
                of such Agreement'' and inserting ``article 16.1 of the 
                USMCA''.
    (d) Conforming Amendments.--
            (1) Integrated entry and exit data system.--Section 
        110(c)(1)(B) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1365a(c)(1)(B)) is amended 
        by striking ``North American Free Trade Agreement'' and 
        inserting ``USMCA (as defined in section 3 of the United 
        States-Mexico-Canada Agreement Implementation Act)''.
            (2) Enhanced border security and visa entry reform act of 
        2002.--Section 604 of the Enhanced Border Security and Visa 
        Entry Reform Act of 2002 (8 U.S.C. 1773) is amended by striking 
        ``North American Free Trade Agreement'' and inserting ``USMCA 
        (as defined in section 3 of the United States-Mexico-Canada 
        Agreement Implementation Act)''.
    (e) Additional Clerical Amendments.--The table of contents for this 
Act is amended by striking the item relating to subtitle A of title III 
and inserting the following:

           ``Subtitle B--Temporary Entry of Business Persons

``Sec. 311. Temporary entry.''.
    (f) Effective Date.--
            (1) In general.--Each transfer, redesignation, and 
        amendment made by this section shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a visa issued on or after 
                that date.
            (2) Transition from nafta.--In the case of a visa issued 
        before the date on which the USMCA enters into force--
                    (A) the transfers, redesignations, and amendments 
                made by this section shall not apply with respect to 
                the visa; and
                    (B) the provisions of law amended by subsections 
                (b) through (d), as such provisions were in effect on 
                the day before that date, shall continue to apply on 
                and after that date with respect to the visa.

SEC. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY 
              CASES.

    (a) Clerical Amendment.--Subtitle B of title IV of this Act is 
amended in the subtitle heading by striking ``[reserved]''.
    (b) References in Subtitle.--Section 401 of the North American Free 
Trade Agreement Implementation Act (19 U.S.C. 3431) is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after the heading (as amended by subsection (a)) of 
        such subtitle;
            (2) redesignated as section 411; and
            (3) amended by striking ``the Agreement'' and inserting 
        ``the USMCA''.
    (c) Organizational and Administrative Provisions.--Section 402 of 
the North American Free Trade Agreement Implementation Act (19 U.S.C. 
3432) is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after section 411 (as inserted and redesignated by 
        subsection (b));
            (2) redesignated as section 412; and
            (3) amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (D), by 
                                striking ``in paragraph 1'' and all 
                                that follows and inserting ``in 
                                paragraph 1 of Annex 10-B.1 and 
                                paragraph 1 of Annex 10-B.3; and'';
                                    (II) in subparagraph (E), by 
                                striking ``chapter 19'' and inserting 
                                ``chapter 10''; and
                                    (III) in the matter following 
                                subparagraph (E), by striking ``in 
                                paragraph 1'' and all that follows 
                                through ``Annex 1904.13'' and inserting 
                                ``in paragraph 1 of Annex 10-B.1 and 
                                paragraph 1 of Annex 10-B.3''; and
                            (ii) in paragraph (2)--
                                    (I) in the paragraph heading, by 
                                striking ``under'' and all that follows 
                                before the period; and
                                    (II) in the text--
                                            (aa) by striking 
                                        ``paragraph 1 of Annex 1901.2'' 
                                        and inserting ``paragraph 1 of 
                                        Annex 10-B.1'';
                                            (bb) by striking ``chapter 
                                        19'' each place it appears and 
                                        inserting ``chapter 10''; and
                                            (cc) by striking ``article 
                                        1905'' and inserting ``article 
                                        10.13'';
                    (B) in subsection (b)(1)--
                            (i) by striking ``chapter 19'' each place 
                        it appears and inserting ``chapter 10''; and
                            (ii) by striking ``article 1905'' and 
                        inserting ``article 10.13'';
                    (C) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) by striking ``chapter 19'' each 
                                place it appears and inserting 
                                ``chapter 10''; and
                                    (II) by striking ``article 1905'' 
                                and inserting ``article 10.13'';
                            (ii) in paragraph (2)(B)--
                                    (I) by striking ``chapter 19'' each 
                                place it appears and inserting 
                                ``chapter 10''; and
                                    (II) in clause (i)(II), by striking 
                                ``article 1905'' and inserting 
                                ``article 10.13'';
                            (iii) in paragraph (3)--
                                    (I) in subparagraph (A)(i), by 
                                striking ``Annex 1901.2'' and inserting 
                                ``Annex 10-B.1'';
                                    (II) in subparagraph (A)(ii), by 
                                striking ``under Annex 1904.13'' and 
                                all that follows and inserting ``under 
                                Annex 10-B.3 and special committees 
                                under article 10.13.''; and
                                    (III) in subparagraph (B)(i), by 
                                striking ``chapter 19'' and inserting 
                                ``chapter 10''; and
                            (iv) in paragraph (4)--
                                    (I) in subparagraph (A), by 
                                striking ``chapter 19'' and inserting 
                                ``chapter 10''; and
                                    (II) in subparagraph (C)(iv)(III), 
                                by striking ``chapter 19'' and 
                                inserting ``chapter 10'';
                    (D) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                striking ``in paragraph 1'' and all 
                                that follows and inserting ``in 
                                paragraph 1 of Annex 10-B.1 and 
                                paragraph 1 of Annex 10-B.3; or''; and
                                    (II) in subparagraph (B), by 
                                striking ``chapter 19'' and inserting 
                                ``chapter 10'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A)(i), by 
                                striking ``in paragraph 1'' and all 
                                that follows through ``during'' and 
                                inserting ``in paragraph 1 of Annex 10-
                                B.1 and paragraph 1 of Annex 10-B.3 
                                during'';
                                    (II) in subparagraph (A)(ii)--
                                            (aa) by striking ``chapter 
                                        19'' and inserting ``chapter 
                                        10''; and
                                            (bb) by striking ``the 
                                        Agreement'' and inserting ``the 
                                        USMCA'';
                                    (III) in subparagraph (A)(iii), by 
                                striking ``NAFTA'' and inserting 
                                ``USMCA'';
                                    (IV) in subparagraph (B)(i), by 
                                striking ``in paragraph 1'' and all 
                                that follows and inserting ``in 
                                paragraph 1 of Annex 10-B.1 and 
                                paragraph 1 of Annex 10-B.3; or''; and
                                    (V) in subparagraph (B)(ii), by 
                                striking ``chapter 19'' and inserting 
                                ``chapter 10''; and
                            (iii) in paragraph (3)--
                                    (I) in subparagraph (A), by 
                                striking ``in paragraph 1'' and all 
                                that follows through ``during'' and 
                                inserting ``in paragraph 1 of Annex 10-
                                B.1 and paragraph 1 of Annex 10-B.3 
                                during''; and
                                    (II) in subparagraph (B), by 
                                striking ``chapter 19'' and inserting 
                                ``chapter 10'';
                    (E) in subsection (e), in the matter preceding 
                paragraph (1)--
                            (i) by striking ``the Agreement'' and 
                        inserting ``the USMCA'';
                            (ii) by striking ``between the United 
                        States'' and all that follows through ``NAFTA 
                        country''; and
                            (iii) by striking ``January 3, 1994'' and 
                        inserting ``January 3, 2020'';
                    (F) in subsection (f), by striking ``chapter 19'' 
                and inserting ``chapter 10'';
                    (G) in subsection (g), by striking ``chapter 19'' 
                and inserting ``chapter 10''; and
                    (H) in subsection (h), by striking ``chapter 19'' 
                and inserting ``chapter 10''.
    (d) Testimony and Production of Papers.--Section 403 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3433) is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after section 412 (as inserted and redesignated by 
        subsection (c));
            (2) redesignated as section 413; and
            (3) amended in subsection (a), in the matter preceding 
        paragraph (1), by striking ``under paragraph 13'' and all that 
        follows through ``the committee--'' and inserting ``under 
        paragraph 13 of article 10.12, and the allegations before the 
        committee include a matter referred to in paragraph 13(a)(i) of 
        article 10.12, for the purposes of carrying out its functions 
        and duties under Annex 10-B.3, the committee--''.
    (e) Requests for Review of Determinations.--Section 404 of the 
North American Free Trade Agreement Implementation Act (19 U.S.C. 3434) 
is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after section 413 (as inserted and redesignated by 
        subsection (d));
            (2) redesignated as section 414; and
            (3) amended--
                    (A) in the section heading, by striking ``of nafta 
                countries'';
                    (B) in subsection (a)--
                            (i) in paragraph (1), by striking ``article 
                        1911'' and all that follows and inserting 
                        ``article 10.8, of a USMCA country.''; and
                            (ii) in paragraph (2), by striking 
                        ``article 1908'' and inserting ``article 
                        10.16'';
                    (C) in subsection (b), by striking ``article 1904'' 
                and inserting ``article 10.12''; and
                    (D) in subsection (c), by striking ``article 1904'' 
                each place it appears and inserting ``article 10.12''.
    (f) Rules of Procedure for Panels and Committees.--Section 405 of 
the North American Free Trade Agreement Implementation Act (19 U.S.C. 
3435) is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after section 414 (as inserted and redesignated by 
        subsection (e));
            (2) redesignated as section 415; and
            (3) amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``article 1904'' and 
                inserting ``article 10.12'';
                    (B) in subsection (b), by striking ``Annex 
                1904.13'' and inserting ``Annex 10-B.3''; and
                    (C) in subsection (c), by striking ``Annex 1905.6'' 
                and inserting ``Annex 10-B.4''.
    (g) Subsidy Negotiations.--Section 406 of the North American Free 
Trade Agreement Implementation Act (19 U.S.C. 3436) is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after section 415 (as inserted and redesignated by 
        subsection (f));
            (2) redesignated as section 416; and
            (3) amended, in the matter preceding paragraph (1), by 
        striking ``NAFTA country'' and inserting ``USMCA country''.
    (h) Identification of Industries Facing Subsidized Imports.--
Section 407 of the North American Free Trade Agreement Implementation 
Act (19 U.S.C. 3437) is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after section 416 (as inserted and redesignated by 
        subsection (g));
            (2) redesignated as section 417; and
            (3) amended--
                    (A) in subsection (a)(1)(A)--
                            (i) by striking ``the Agreement'' and 
                        inserting ``the USMCA''; and
                            (ii) by striking ``NAFTA country'' and 
                        inserting ``USMCA country'';
                    (B) in subsection (c), in the matter following 
                paragraph (3), by striking ``NAFTA countries'' and 
                inserting ``USMCA countries''; and
                    (C) in subsection (d)(3), by striking ``the 
                Agreement'' and inserting ``the USMCA''.
    (i) Treatment of Amendments to Law.--Section 408 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3438) is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after section 417 (as inserted and redesignated by 
        subsection (h));
            (2) redesignated as section 418; and
            (3) amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the Agreement'' and all that follows through 
                ``United States'' and inserting ``the USMCA''; and
                    (B) in the flush text, by striking ``NAFTA 
                country'' and inserting ``USMCA country''.
    (j) Additional Clerical Amendments.--The table of contents for this 
Act is amended by striking the item relating to subtitle B of title IV 
and inserting the following:

                    ``Subtitle B--Dispute Settlement

``Sec. 411. References in subtitle.
``Sec. 412. Organizational and administrative provisions.
``Sec. 413. Testimony and production of papers in extraordinary 
                            challenges.
``Sec. 414. Requests for review of determination by competent 
                            investigating authorities.
``Sec. 415. Rules of procedure for panels and committees.
``Sec. 416. Subsidy negotiations.
``Sec. 417. Identification of industries facing subsidized imports.
``Sec. 418. Treatment of amendments to antidumping and countervailing 
                            duty law.''.
    (k) Effective Date.--
            (1) In general.--Each transfer, redesignation, and 
        amendment made by this section shall take effect on the date on 
        which the USMCA enters into force, but shall not apply--
                    (A) to any final determination described in 
                paragraph (1)(B) or clause (i), (ii), or (iii) of 
                paragraph (2)(B) of section 516A(a) of the Tariff Act 
                of 1930 (19 U.S.C. 1516a(a)) notice of which is 
                published in the Federal Register before such date, or 
                to a determination described in paragraph (2)(B)(vi) of 
                that section notice of which is received by the 
                Government of Canada or Mexico before such date; and
                    (B) to any binational panel review under NAFTA, or 
                any extraordinary challenge arising out of any such 
                review, that was commenced before such date.
            (2) Transition from nafta.--The transfers, redesignations, 
        and amendments made by this section shall not apply, and the 
        provisions of title IV of the North American Free Trade 
        Agreement Implementation Act, as in effect on the day before 
        the date on which the USMCA enters into force, shall continue 
        to apply on and after that date with respect--
                    (A) to any final determination described in 
                paragraph (1)(B) or clause (i), (ii), or (iii) of 
                paragraph (2)(B) of section 516A(a) of the Tariff Act 
                of 1930 (19 U.S.C. 1516a(a)) notice of which is 
                published in the Federal Register before such date, or 
                to a determination described in paragraph (2)(B)(vi) of 
                that section notice of which is received by the 
                Government of Canada or Mexico before the date on which 
                the USMCA enters into force; and
                    (B) to any binational panel review under NAFTA, or 
                any extraordinary challenge arising out of any such 
                review, that was commenced before the date on which the 
                USMCA enters into force.

SEC. 505. GOVERNMENT PROCUREMENT.

    (a) General Authority To Modify Discriminatory Purchasing 
Requirements.--Section 301 of the Trade Agreements Act of 1979 (19 
U.S.C. 2511) is amended--
            (1) in subsection (b)(1), by striking ``the North American 
        Free Trade Agreement'' and inserting ``the USMCA (as defined in 
        section 3 of the United States-Mexico-Canada Agreement 
        Implementation Act)''; and
            (2) in subsection (e)--
                    (A) by striking ``Annex 1001.1a-2 of the North 
                American Free Trade Agreement'' and inserting ``Annex 
                13-A of the USMCA (as defined in section 3 of the 
                United States-Mexico-Canada Agreement Implementation 
                Act)''; and
                    (B) by striking ``chapter 10 of such Agreement'' 
                and inserting ``chapter 13 of the USMCA''.
    (b) Definitions.--Section 308(4)(A)(ii) of the Trade Agreements Act 
of 1979 (19 U.S.C. 2518(4)(A)(ii)) is amended--
            (1) by striking ``a party to the North American Free Trade 
        Agreement,'' and inserting ``Mexico, as a party to the USMCA 
        (as defined in section 3 of the United States-Mexico-Canada 
        Agreement Implementation Act),''; and
            (2) by striking ``the North American Free Trade Agreement 
        for'' and inserting ``the USMCA for''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsections (a) and 
        (b) shall--
                    (A) take effect on the date on which the USMCA 
                enters into force; and
                    (B) apply with respect to a procurement on or after 
                that date.
            (2) Transition from nafta treatment.--In the case of a 
        procurement before the date on which the USMCA enters into 
        force--
                    (A) the amendments made by subsections (a) and (b) 
                to sections 301 and 308 of the Trade Agreements Act of 
                1979 (19 U.S.C. 2511 and 2518) shall not apply with 
                respect to the contract; and
                    (B) sections 301 and 308 of such Act, as in effect 
                on the day before that date, shall continue to apply on 
                and after that date with respect to the contract.

SEC. 506. ACTIONS AFFECTING UNITED STATES CULTURAL INDUSTRIES.

    (a) In General.--Section 182(f) of the Trade Act of 1974 (19 U.S.C. 
2242(f)) is amended--
            (1) in paragraph (1)(C), by striking ``article 2106 of the 
        North American Free Trade Agreement'' and inserting ``article 
        32.6 of the USMCA (as defined in section 3 of the United 
        States-Mexico-Canada Agreement Implementation Act)''; and
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``article 2106 of the North American Free 
        Trade Agreement'' and inserting ``article 32.6 of the USMCA''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date on which the USMCA enters into force.

SEC. 507. REGULATORY TREATMENT OF URANIUM PURCHASES.

    (a) In General.--Section 1017(c) of the Energy Policy Act of 1992 
(42 U.S.C. 2296b-6(c)) is amended by striking ``North American Free 
Trade Agreement'' and inserting ``USMCA (as defined in section 3 of the 
United States-Mexico-Canada Agreement Implementation Act)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date on which the USMCA enters into force.

SEC. 508. REPORT ON AMENDMENTS TO EXISTING LAW.

    Not later than 180 days after the date of the enactment of this 
Act, the Trade Representative shall submit to the Committee on Finance 
of the Senate and the Committee on Ways and Means of the House of 
Representatives a report setting forth a proposal for technical and 
conforming amendments to the laws under the jurisdiction of such 
committees, and other laws, necessary to fully carry out the provisions 
of, and amendments made by, this Act.

             TITLE VI--TRANSITION TO AND EXTENSION OF USMCA

                  Subtitle A--Transitional Provisions

SEC. 601. REPEAL OF NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION 
              ACT.

    The North American Free Trade Agreement Implementation Act (Public 
Law 103-182; 19 U.S.C. 3301 et seq.) is repealed, effective on the date 
on which the USMCA enters into force.

SEC. 602. CONTINUED SUSPENSION OF THE UNITED STATES-CANADA FREE-TRADE 
              AGREEMENT.

    Section 501(c)(3) of the United States-Canada Free-Trade Agreement 
Implementation Act of 1988 (Public Law 100-449; 19 U.S.C. 2112 note) is 
amended--
            (1) in the paragraph heading, by striking ``nafta'' and 
        inserting ``usmca''; and
            (2) in the matter preceding subparagraph (A), by striking 
        ``between them of the North American Free Trade Agreement'' and 
        inserting ``of the USMCA (as defined in section 3 of the United 
        States-Mexico-Canada Agreement Implementation Act)''.

         Subtitle B--Joint Reviews Regarding Extension of USMCA

SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND MEXICO 
              REGARDING EXTENSION OF THE TERM OF THE USMCA AND OTHER 
              ACTION REGARDING THE USMCA.

    (a) In General.--Pursuant to the requirements of this section, the 
President shall consult with the appropriate congressional committees 
and stakeholders before each joint review, including consultation with 
respect to--
            (1) any recommendation for action to be proposed at the 
        review; and
            (2) the decision whether or not to confirm that the United 
        States wishes to extend the USMCA.
    (b) Consultations With Congress and Stakeholders.--
            (1) Publication and public hearing.--At least 270 days 
        before a joint review commences, the Trade Representative shall 
        publish in the Federal Register a notice regarding the joint 
        review and shall, as soon as possible following such 
        publication, provide opportunity for the presentation of views 
        relating to the operation of the USMCA, including a public 
        hearing.
            (2) Report to congress.--At least 180 days before a 6-year 
        joint review under article 34.7 of the USMCA commences, the 
        Trade Representative shall report to the appropriate 
        congressional committees regarding--
                    (A) the assessment of the Trade Representative with 
                respect to the operation of the USMCA;
                    (B) the precise recommendation for action to be 
                proposed at the review and the position of the United 
                States with respect to whether to extend the term of 
                the USMCA;
                    (C) what, if any, prior efforts have been made to 
                resolve any concern that underlies that recommendation 
                or position; and
                    (D) the views of the advisory committees 
                established under section 135 of the Trade Act of 1974 
                (19 U.S.C. 2155) regarding that recommendation or 
                position.
    (c) Subsequent Action To Address Lack of Agreement on Term 
Extension.--
            (1) In general.--If, as part of a joint review, any USMCA 
        country does not confirm that the country wishes to extend the 
        term of the USMCA under article 34.7.3 of the USMCA, at least 
        70 days before any subsequent annual joint review meeting 
        conducted as required under article 34.7 of the USMCA, the 
        Trade Representative shall report to the appropriate 
        congressional committees regarding--
                    (A) any reason offered by a USMCA country regarding 
                why the country is unable to agree to extend the term 
                of the USMCA;
                    (B) the progress that has been made in efforts to 
                achieve resolution of the concerns of that country;
                    (C) any proposed action that the Trade 
                Representative intends to raise during the meeting; and
                    (D) the views of the advisory committees 
                established under section 135 of the Trade Act of 1974 
                (19 U.S.C. 2155) regarding the reasons described in 
                subparagraph (A) and any proposed action under 
                subparagraph (C).
            (2) Additional information.--The Trade Representative shall 
        also provide detailed and timely information in response to any 
        questions posed by the appropriate congressional committees 
        with respect to any meeting described in paragraph (1), 
        including by submitting to those committees copies of any 
        proposed text that the Trade Representative plans to submit to 
        the other parties to the meeting.
    (d) Congressional Engagement After Joint Review.--
            (1) In general.--Not later than 20 days after the USMCA 
        countries have met for a joint review, the Trade Representative 
        shall brief the appropriate congressional committees regarding 
        the positions expressed by the countries during the joint 
        review and what, if any, actions were agreed to by the 
        countries.
            (2) Continued engagement.--After a joint review, the Trade 
        Representative shall keep the appropriate congressional 
        committees timely apprised of any developments arising out of 
        or related to the review.
    (e) Definitions.--In this section:
            (1) Joint review.--The term ``joint review'' means a review 
        conducted under the process provided for in article 34.7 of the 
        USMCA relating to extension of the term of the USMCA.
            (2) USMCA country.--The term ``USMCA country'' has the 
        meaning given that term in section 202(a).

                    Subtitle C--Termination of USMCA

SEC. 621. TERMINATION OF USMCA.

    (a) Termination of USMCA Country Status.--During any period in 
which a country ceases to be a USMCA country, this Act (other than this 
subsection and title IX) and the amendments made by this Act shall 
cease to have effect with respect to that country.
    (b) Termination of USMCA.--On the date on which the USMCA ceases to 
be in force with respect to the United States, this Act and the 
amendments made by this Act (other than this subsection and title IX) 
shall cease to have effect.

              TITLE VII--LABOR MONITORING AND ENFORCEMENT

SEC. 701. DEFINITIONS.

    In this title:
            (1) Labor attache.--The term ``labor attache'' means an 
        individual hired under subtitle B.
            (2) Labor obligations.--The term ``labor obligations'' 
        means the obligations under chapter 23 of the USMCA (relating 
        to labor).
            (3) Mexico's labor reform.--The term ``Mexico's labor 
        reform'' means the legislation on labor reform enacted by 
        Mexico on May 1, 2019.

 Subtitle A--Interagency Labor Committee for Monitoring and Enforcement

SEC. 711. INTERAGENCY LABOR COMMITTEE FOR MONITORING AND ENFORCEMENT.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the President shall establish an Interagency 
Labor Committee for Monitoring and Enforcement (in this title referred 
to as the ``Interagency Labor Committee''), to coordinate United States 
efforts with respect to each USMCA country--
            (1) to monitor the implementation and maintenance of the 
        labor obligations;
            (2) to monitor the implementation and maintenance of 
        Mexico's labor reform; and
            (3) to request enforcement actions with respect to a USMCA 
        country that is not in compliance with such labor obligations.
    (b) Membership.--The Interagency Labor Committee shall--
            (1) be co-chaired by the Trade Representative and the 
        Secretary of Labor; and
            (2) include representatives of such other Federal 
        departments or agencies with relevant expertise as the 
        President determines appropriate.
    (c) Meetings.--The Interagency Labor Committee shall meet at least 
once every 90 days during the 5-year period beginning on the date of 
the enactment of this Act, and at least once every 180 days thereafter 
for 5 years.
    (d) Information Sharing.--Notwithstanding any other provision of 
law, the members of the Interagency Labor Committee may exchange 
information for purposes of carrying out this title.

SEC. 712. DUTIES.

    The duties of the Interagency Labor Committee shall include the 
following:
            (1) Coordinating the activities of departments and agencies 
        of the Committee in monitoring implementation of and compliance 
        with labor obligations, including by--
                    (A) requesting and reviewing relevant information 
                from the governments of USMCA countries and from the 
                public;
                    (B) coordinating visits to Mexico as necessary to 
                assess implementation of Mexico's labor reform and 
                compliance with the labor obligations of Mexico;
                    (C) receiving and reviewing quarterly assessments 
                from the labor attaches with respect to the 
                implementation of and compliance with Mexico's labor 
                reform; and
                    (D) coordinating with the Secretary of Treasury 
                with respect to support relating to labor issues 
                provided to Mexico by the Inter-American Development 
                Bank.
            (2) Establishing an ongoing dialogue with appropriate 
        officials of the Government of Mexico regarding the 
        implementation of Mexico's labor reform and compliance with its 
        labor obligations.
            (3) Coordinating with other institutions and governments 
        with respect to support relating to labor issues, such as the 
        International Labour Organization and the Government of Canada.
            (4) Identifying priority issues for capacity-building 
        activities in Mexico to be funded by the United States, drawing 
        primarily on the expertise of the Department of Labor.
            (5) Meeting, at least biannually during the 5-year period 
        beginning on the date of the enactment of this Act and at least 
        annually for 5 years thereafter, with the Labor Advisory 
        Committee for Trade Negotiations and Trade Policy established 
        under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 
        2155(c)(1)) (or any successor advisory committee) to consult 
        and provide opportunities for input with respect to--
                    (A) the implementation of Mexico's labor reform;
                    (B) labor capacity-building activities in Mexico 
                funded by the United States;
                    (C) labor monitoring efforts;
                    (D) labor enforcement priorities; and
                    (E) other relevant issues.
            (6) Based on the assessments required by section 714, 
        making recommendations relating to dispute settlement actions 
        to the Trade Representative, in accordance with section 715.
            (7) Based on reports provided by the Forced Labor 
        Enforcement Task Force under section 743, developing 
        recommendations for appropriate enforcement actions by the 
        Trade Representative.
            (8) Reviewing reports submitted by the labor experts 
        appointed in accordance with Annex 31-A of the USMCA, with 
        respect to the functioning of that Annex.
            (9) Reviewing reports submitted by the Independent Mexico 
        Labor Expert Board under section 734.

SEC. 713. ENFORCEMENT PRIORITIES.

    The Interagency Labor Committee shall--
            (1) review the list of priority sectors under Annex 31-A of 
        the USMCA and suggest to USTR additional sectors for review by 
        the USMCA countries as appropriate;
            (2) establish and annually update a list of priority 
        subsectors within such priority sectors to be the focus of the 
        enforcement efforts of the Committee, the first of which shall 
        consist of--
                    (A) auto assembly;
                    (B) auto parts;
                    (C) aerospace;
                    (D) industrial bakeries;
                    (E) electronics;
                    (F) call centers;
                    (G) mining; and
                    (H) steel and aluminum; and
            (3) review priority facilities within such priority 
        subsectors for monitoring and enforcement.

SEC. 714. ASSESSMENTS.

    (a) Ongoing Assessments.--For the 10-year period beginning on the 
date of the enactment of this Act, except as provided in subsection 
(b), the Interagency Labor Committee shall assess on a biannual basis 
the extent to which Mexico is in compliance with its obligations under 
Annex 23-A of the USMCA.
    (b) Consultation Relating to Annual Assessment.--On or after the 
date that is 5 years after the date of the enactment of this Act, the 
Interagency Labor Committee may consult with the appropriate 
congressional committees with respect to the frequency of the 
assessment required under subsection (a) and, with the approval of both 
such committees, may conduct such assessment on an annual basis for the 
following 5 years.
    (c) Matters To Be Included.--The assessment required under 
subsection (a) shall also include each of the following:
            (1) Whether Mexico is providing adequate funding to 
        implement and enforce Mexico's labor reform, including 
        specifically whether Mexico has provided funding consistent 
        with commitments made to contribute the following amounts for 
        the labor reform implementation budget:
                    (A) $176,000,000 for 2021.
                    (B) $325,000,000 for 2022.
                    (C) $328,000,000 for 2023.
            (2) The extent to which any legal challenges to Mexico's 
        labor reform have succeeded in that court system.
            (3) The extent to which Mexico has implemented the federal 
        and state labor courts, registration entity, and federal and 
        state conciliation centers consistent with the timeline set 
        forth for Mexico's labor reform, in the September 2019 policy 
        statements by the Government of Mexico on a national strategy 
        for implementation of the labor justice system, and in 
        subsequent policy statements in accordance with Mexico's labor 
        reform.

SEC. 715. RECOMMENDATION FOR ENFORCEMENT ACTION.

    (a) Recommendation To Initiate.--If the Interagency Labor Committee 
determines, pursuant to an assessment under section 714, as a result of 
monitoring activities described in section 712(1), or pursuant to a 
report of the Independent Mexico Labor Expert Board that a USMCA 
country has failed to meets its labor obligations, including with 
respect to obligations under Annex 23-A of the USMCA, the Committee 
shall recommend that the Trade Representative initiate enforcement 
actions under--
            (1) article 23.13 or 23.17 of the USMCA (relating to 
        cooperative labor dialogue and labor consultations);
            (2) articles 31.4 and 31.6 of the USMCA (relating to 
        dispute settlement consultations); or
            (3) Annex 31-A of the USMCA (relating to the rapid response 
        labor mechanism).
    (b) Trade Representative Determinations.--Not later than 60 days 
after the date on which the Trade Representative receives a 
recommendation pursuant to subsection (a), the Trade Representative 
shall--
            (1) determine whether to initiate an enforcement action; 
        and
            (2) if such determination is negative, submit to the 
        appropriate congressional committees a report on the reasons 
        for such negative determination.

SEC. 716. PETITION PROCESS.

    (a) In General.--The Interagency Labor Committee shall establish 
procedures for submissions by the public of information with respect to 
potential failures to implement the labor obligations of a USMCA 
country.
    (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.

SEC. 717. HOTLINE.

    The Interagency Labor Committee shall establish a web-based 
hotline, monitored by the Department of Labor, to receive confidential 
information regarding labor issues among USMCA countries directly from 
interested parties, including Mexican workers.

SEC. 718. REPORTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter for 10 years 
except as provided in subsection (b), the Interagency Labor Committee 
shall submit to the appropriate congressional committees a report that 
includes--
            (1) a description of Committee staffing and capacity 
        building activities with Mexico;
            (2) information regarding the budget resources for Mexico's 
        labor reform and the deadlines in the September 2019 policy 
        statements by the Government of Mexico on a national strategy 
        for implementation of the labor justice system and in 
        subsequent policy statements in accordance with Mexico's labor 
        reform;
            (3) a summary of petitions filed in accordance with section 
        716 and the use of the rapid response labor mechanism under 
        Annex 31-A of the USMCA;
            (4) the results of the most recent assessment conducted 
        under section 714; and
            (5) if, with respect to any report of the Independent 
        Mexico Labor Expert Board submitted under section 734 that 
        includes a determination described in paragraph (2) of such 
        section, the Interagency Labor Committee does not concur with 
        such determination, an explanation of the reasons for not 
        concurring in such determination and a commitment to provide an 
        oral briefing with respect to such explanation upon request.
    (b) Consultation Relating to Annual Assessment.--On or after the 
date that is 5 years after the date of the enactment of this Act, the 
Trade Representative and the Secretary of Labor may consult with the 
appropriate congressional committees with respect to the frequency of 
the reports required under subsection (a) and, with the approval of 
both such committees, may submit such report on an annual basis for the 
following 5 years.
    (c) Five-Year Assessment.--Not later than the date that is 5 years 
after the date of the establishment of the Interagency Labor Committee 
pursuant to section 711(a), the Committee shall jointly submit to the 
appropriate congressional committees--
            (1) a comprehensive assessment of the implementation of 
        Mexico's labor reform, including with respect to--
                    (A) whether Mexico has reviewed and legitimized all 
                existing collective bargaining agreements in Mexico;
                    (B) whether Mexico has addressed the pre-existing 
                legal or administrative labor disputes;
                    (C) whether Mexico has established the Federal 
                Center for Conciliation and Labor Registration, and an 
                assessment of that Center's operation;
                    (D) whether Mexico has established the federal 
                labor courts, and an assessment of their operation; and
                    (E) whether Mexico has established the state 
                conciliation centers and labor courts in all states and 
                an assessment of their operation; and
            (2) a strategic plan and recommendations for actions to 
        address areas of concern relating to the implementation of 
        Mexico's labor reform, for purposes of the joint review 
        conducted pursuant to article 34.7 of the USMCA on the sixth 
        anniversary of the entry into force of the USMCA.

SEC. 719. CONSULTATIONS ON APPOINTMENT AND FUNDING OF RAPID RESPONSE 
              LABOR PANELISTS.

    (a) In General.--The Interagency Labor Committee shall consult with 
the Labor Advisory Committee established under section 135(c)(1) of the 
Trade Act of 1974 (19 U.S.C. 2155(c)(1)) and the Advisory Committee for 
Trade Policy and Negotiations established under section 135(b) of such 
Act (or successor advisory committees) and the appropriate 
congressional committees with respect to the selection and appointment 
of candidates for the rapid response labor panelists described in Annex 
31-A of the USMCA.
    (b) Funding.--The United States, in consultation with Mexico, shall 
provide adequate funding for rapid response labor panelists to carry 
out the responsibilities under the USMCA promptly and fully.

                   Subtitle B--Mexico Labor Attaches

SEC. 721. ESTABLISHMENT.

    The Secretary of Labor shall--
            (1) hire and fix the compensation of up to 5 additional 
        full-time officers or employees of the Department of Labor; and
            (2) detail or assign such officers or employees to the 
        United States Embassy or a United States Consulate in Mexico to 
        carry out the duties described in section 722.

SEC. 722. DUTIES.

    The duties described in this section are the following:
            (1) Assisting the Interagency Labor Committee to monitor 
        and enforce the labor obligations of Mexico.
            (2) Submitting to the Interagency Labor Committee on a 
        quarterly basis reports on the efforts undertaken by Mexico to 
        comply with its labor obligations.

SEC. 723. STATUS.

    Any officer or employee, while detailed or assigned under this 
subtitle, shall be considered, for the purpose of preserving their 
allowances, privileges, rights, seniority, and other benefits as such, 
an officer or employee of the United States Government and of the 
agency of the United States Government from which detailed or assigned, 
and shall continue to receive compensation, allowances, and benefits 
from program funds appropriated to that agency or made available to 
that agency for purposes related to the activities of the detail or 
assignment, in accordance with authorities related to their employment 
status and agency policies.

           Subtitle C--Independent Mexico Labor Expert Board

SEC. 731. ESTABLISHMENT.

    There is hereby established a board, to be known as the 
``Independent Mexico Labor Expert Board'', to be responsible for 
monitoring and evaluating the implementation of Mexico's labor reform 
and compliance with its labor obligations. The Board shall also advise 
the Interagency Labor Committee with respect to capacity-building 
activities needed to support such implementation and compliance.

SEC. 732. MEMBERSHIP; TERM.

    (a) Membership.--The Board shall be composed of 12 members who 
shall be appointed as follows:
            (1) Four members to be appointed by the Labor Advisory 
        Committee established under section 135(c)(1) of the Trade Act 
        of 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory 
        committee).
            (2) Two members appointed by the Speaker of the House of 
        Representatives, in consultation with the Chair of the 
        Committee on Ways and Means of the House of Representatives.
            (3) Two members appointed by the president pro tempore of 
        the Senate from among individuals recommended by the majority 
        leader of the Senate and in consultation with the Chair of the 
        Committee on Finance of the Senate.
            (4) Two members appointed by the minority leader of the 
        House of Representatives, in consultation with the Ranking 
        Member of the Committee on Ways and Means of the House of 
        Representatives.
            (5) Two members appointed by the President pro tempore of 
        the Senate from among individuals recommended by the minority 
        leader of the Senate and in consultation with the Ranking 
        Member of the Committee on Finance of the Senate.
    (b) Term.--Except as provided in subsection (c), members of the 
Board shall serve for a term of 6 years.
    (c) Extension of Term.--If the Board determines, at the end of the 
6-year period beginning on the date of the appointment of the last 
member appointed in accordance with subsection (a), that Mexico is not 
fully in compliance with its labor obligations, a majority of the 
members of the Board may determine to extend its term for 4 additional 
years. A new Board shall be appointed in accordance with subsection (a) 
and shall serve for a single term of 4 years.

SEC. 733. FUNDING.

    The United States shall provide necessary funding to support the 
work of the Board, including with respect to translation services and 
personnel support.

SEC. 734. REPORTS.

    For the 6-year period beginning on the date of the enactment of 
this Act, and for an additional 4 years if the term of the Board is 
extended in accordance with section 732(c), the Board shall submit to 
appropriate congressional committees and to the Interagency Labor 
Committee an annual report that--
            (1) contains an assessment of--
                    (A) the efforts of Mexico to implement Mexico's 
                labor reform; and
                    (B) the manner and extent to which labor laws are 
                generally enforced in Mexico; and
            (2) may include a determination that Mexico is not in 
        compliance with its labor obligations.

                        Subtitle D--Forced Labor

SEC. 741. FORCED LABOR ENFORCEMENT TASK FORCE.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the President shall establish a Forced Labor 
Enforcement Task Force to monitor United States enforcement of the 
prohibition under section 307 of the Tariff Act of 1930 (19 U.S.C. 
1307).
    (b) Members; Meetings.--
            (1) Members.--The Task Force shall be chaired by the 
        Secretary of Homeland Security and shall be comprised of 
        representatives from such other agencies with relevant 
        expertise, including the Office of the United States Trade 
        Representative and the Department of Labor, as the President 
        determines appropriate.
            (2) Meetings.--The Task Force shall meet on a quarterly 
        basis regarding active Withhold and Release Orders, ongoing 
        investigations, petitions received, and enforcement priorities, 
        and other relevant issues with respect to enforcing the 
        prohibition under section 307 of the Tariff Act.

SEC. 742. TIMELINE REQUIRED.

    (a) In General.--Not later than 90 days after the establishment of 
the Forced Labor Enforcement Task Force pursuant to section 741(a), the 
Task Force shall establish timelines for responding to petitions 
submitted to the Commissioner of U.S. Customs and Border Protection 
alleging that goods are being imported by or with child or forced 
labor.
    (b) Consultation Required.--In establishing the timelines during 
such 90-day period, the Task Force shall consult with the appropriate 
congressional committees.
    (c) Report.--The Task Force shall timely submit to the appropriate 
congressional committees a report that contains the timelines 
established pursuant to subsection (a) and shall make such report 
publicly available.

SEC. 743. REPORTS REQUIRED.

    The Forced Labor Enforcement Task Force shall submit to appropriate 
congressional committees a biannual report that includes the following:
            (1) The enforcement activities and priorities of the 
        Department of Homeland Security with respect to enforcing the 
        prohibition under section 307 of the Tariff Act of 1930 (19 
        U.S.C. 1307).
            (2) The number of instances in which merchandise was denied 
        entry pursuant to such prohibition during the preceding 180-day 
        period.
            (3) A description of the merchandise so denied entry.
            (4) An enforcement plan regarding goods included in the 
        most recent ``Findings on the Worst Forms of Child Labor'' 
        report submitted in accordance with section 504 of the Trade 
        Act of 1974 (19 U.S.C. 2464) and ``List of Goods Produced by 
        Child Labor or Forced Labor'' submitted in accordance with 
        section 105(b)(2)(C) of the Trafficking Victims Protection 
        Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)).
            (5) Such other information as the Forced Labor Enforcement 
        Task Force considers appropriate with respect to monitoring and 
        enforcing compliance with section 307 of the Tariff Act of 1930 
        (19 U.S.C. 1307).

SEC. 744. DUTIES RELATED TO MEXICO.

    The Task Force shall--
            (1) develop, in consultation with the appropriate 
        congressional committees, an enforcement plan regarding goods 
        produced by or with forced labor in Mexico; and
            (2) report to the Interagency Labor Committee with respect 
        to any concerns relating to the enforcement of the prohibition 
        under section 307 of the Tariff Act with respect to Mexico, 
        including any allegations that may be filed with respect to 
        forced labor in Mexico.

      Subtitle E--Enforcement Under Rapid Response Labor Mechanism

SEC. 751. TRANSMISSION OF REPORTS.

    Each report issued by a rapid response labor panel constituted in 
accordance with Annex 31-A of the USMCA shall be immediately submitted 
to the appropriate congressional committees, the Labor Advisory 
Committee established under section 135(c)(1) of the Trade Act of 1974 
(19 U.S.C. 2155(c)(1)) (or successor advisory committee), and, as 
appropriate, the petitioner submitting information pursuant to section 
716. The Trade Representative shall also make each such report publicly 
available in a timely manner.

SEC. 752. SUSPENSION OF LIQUIDATION.

    (a) In General.--If the United States files a request pursuant to 
article 31-A.4.2 of Annex 31-A of the USMCA, the Trade Representative 
may direct the Secretary of the Treasury to suspend liquidation for 
unliquidated entries of goods from such covered facility until such 
time as the Trade Representative notifies the Secretary that a 
condition described in subsection (b) has been met.
    (b) Resumption of Liquidation.--The conditions described in this 
subsection are the following:
            (1) The rapid response labor panel has determined that 
        there is no denial of rights at the covered facility within the 
        meaning of such terms under Annex 31-A of the USMCA.
            (2) A course of remediation for denial of rights has been 
        agreed to and has been completed in accordance with the agreed-
        upon time.
            (3) The denial of rights has been otherwise remedied.

SEC. 753. FINAL REMEDIES.

    (a) In General.--If a rapid response labor panel constituted in 
accordance with Annex 31-A of the USMCA determines with respect to a 
case that there has been a denial of rights within the meaning of such 
Annex, the Trade Representative may, in consultation with the 
appropriate congressional committees--
            (1) direct the Secretary of the Treasury, until the date of 
        the notification described in subsection (b) and in accordance 
        with Annex 31-A of the USMCA--
                    (A) to--
                            (i) deny entry to goods, produced wholly or 
                        in part, from any covered facility involved in 
                        such case; or
                            (ii) allow for the release of goods, 
                        produced wholly or in part, from such covered 
                        facilities only upon payment of duties and any 
                        penalty; and
                    (B) to apply any duties or penalties to customs 
                entries for which liquidation was suspended pursuant to 
                section 752; and
            (2) apply other remedies that are appropriate and available 
        under Annex 31-A of the USMCA, until the denial of rights with 
        respect to the case has been remedied.
    (b) Remediation Notification.--The Trade Representative shall 
promptly notify the Secretary when the denial of rights with respect to 
a case described in subsection (a) has been remedied.

           TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT

SEC. 801. DEFINITIONS.

    In this title:
            (1) Environmental law.--The term ``environmental law'' has 
        the meaning given the term in article 24.1 of the USMCA.
            (2) Environmental obligations.--The term ``environmental 
        obligations'' means obligations relating to the environment 
        under--
                    (A) chapter 1 of the USMCA (relating to initial 
                provisions and general definitions); and
                    (B) chapter 24 of the USMCA (relating to 
                environment).

   Subtitle A--Interagency Environment Committee for Monitoring and 
                              Enforcement

SEC. 811. ESTABLISHMENT.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the President shall establish an Interagency 
Environment Committee for Monitoring and Enforcement (in this title 
referred to as the ``Interagency Environment Committee'')--
            (1) to coordinate United States efforts to monitor and 
        enforce environmental obligations generally; and
            (2) with respect to the USMCA countries--
                    (A) to carry out an assessment of their 
                environmental laws and policies;
                    (B) to carry out monitoring actions with respect to 
                the implementation and maintenance of their 
                environmental obligations; and
                    (C) to request enforcement actions with respect to 
                USMCA countries that are not in compliance with their 
                environmental obligations.
    (b) Membership.--The members of the Interagency Environment 
Committee shall be the following:
            (1) The Trade Representative, who shall serve as 
        chairperson.
            (2) Representatives from each of the following:
                    (A) The National Oceanic Atmospheric 
                Administration.
                    (B) The U.S. Fish and Wildlife Service.
                    (C) The U.S. Forest Service.
                    (D) The Environmental Protection Agency.
                    (E) The Animal and Plant Health Inspection Service.
                    (F) U.S. Customs and Border Protection.
                    (G) The Department of State.
                    (H) The Department of Justice.
                    (I) The Department of the Treasury.
                    (J) The United States Agency for International 
                Development.
            (3) Representatives from other Federal agencies, as the 
        President determines to be appropriate.
    (c) Information Sharing.--Notwithstanding any other provision of 
law, the members of the Interagency Environment Committee may exchange 
information for purposes of carrying out this subtitle.

SEC. 812. ASSESSMENT.

    (a) In General.--The Interagency Environment Committee shall carry 
out an assessment of the environmental laws and policies of the USMCA 
countries--
            (1) to determine if such laws and policies are sufficient 
        to implement their environmental obligations; and
            (2) to identify any gaps between such laws and policies and 
        their environmental obligations.
    (b) Matters To Be Included.--The assessment required by subsection 
(a) shall identify the environmental laws and policies of the USMCA 
countries with respect to which enhanced cooperation, including the 
provision of technical assistance and capacity building assistance, 
monitoring actions, and enforcement actions, if appropriate, should be 
carried out on an enhanced and continuing basis.
    (c) Report.--Not later than 90 days after the date on which the 
Interagency Environment Committee is established, or the date on which 
the USMCA enters into force, whichever occurs earlier, the Interagency 
Environment Committee shall submit a report that contains the 
assessment required by subsection (a) to--
            (1) the appropriate congressional committees; and
            (2) the Trade and Environment Policy Advisory Committee (or 
        successor advisory committee) established under section 
        135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)).
    (d) Update.--The Interagency Environment Committee shall--
            (1) update the assessment required by subsection (a) at the 
        appropriate time prior to submission of the report required by 
        section 816(a) that is to be submitted in the fifth year after 
        the USMCA enters into force; and
            (2) submit the updated assessment to the Trade 
        Representative for inclusion in such fifth annual report.
    (e) Consultation.--The Interagency Environment Committee shall 
consult on a regular basis with the USMCA countries--
            (1) in carrying out the assessment required by subsection 
        (a) and the update to the assessment required by subsection 
        (d); and
            (2) in preparing the report required by subsection (c).

SEC. 813. MONITORING ACTIONS.

    (a) In General.--The Interagency Environment Committee shall carry 
out monitoring actions, which shall include the monitoring actions 
described in subsections (b), (c), and (d), with respect to the 
implementation and maintenance of the environmental obligations of the 
USMCA countries.
    (b) Review of CEC Secretariat Submissions.--
            (1) In general.--Not later than 30 days after the date on 
        which the Secretariat of the Commission for Environmental 
        Cooperation prepares a factual record under article 24.28 of 
        the USMCA relating to a submission filed under article 24.27 of 
        the USMCA with respect to a USMCA country, the Interagency 
        Environment Committee--
                    (A) shall review the factual record; and
                    (B) may, based on findings of the review under 
                subparagraph (A) that the USMCA country is not in 
                compliance with its environmental obligations, request 
                enforcement actions under section 814 with respect to 
                the USMCA country.
            (2) Written justification.--If the Interagency Environment 
        Committee finds that a USMCA country is not in compliance with 
        its environmental obligations under paragraph (1)(B) and 
        determines not to request enforcement actions under section 814 
        with respect to the USMCA country, the Committee shall, not 
        later than 30 days after the date on which it makes the 
        determination, provide to the appropriate congressional 
        committees a written explanation and justification of the 
        determination.
    (c) Review of Reports of United States Environment Attaches to 
Mexico.--The Interagency Environment Committee shall--
            (1) review each report submitted to the Committee under 
        section 822(b)(2); and
            (2) based on the findings of each such report, assess the 
        efforts of Mexico to comply with its environmental obligations.
    (d) United States Implementation of Environment Cooperation and 
Customs Verification Agreement.--
            (1) Verification of shipments.--The Interagency Environment 
        Committee--
                    (A) may request verification of particular 
                shipments of Mexico under the Environment Cooperation 
                and Customs Verification Agreement between the United 
                States and Mexico, done at Mexico City on December 10, 
                2019, in response to--
                            (i) comments submitted by the public to 
                        request verification of particular shipments of 
                        Mexico under such Agreement; or
                            (ii) on its own motion; and
                    (B) upon receipt of comments described in 
                subparagraph (A)(i)--
                            (i) shall review the comments not later 
                        than 30 days after the date on which the 
                        comments are submitted to the Trade 
                        Representative; and
                            (ii) may request the Trade Representative 
                        to, within a reasonable period of time, request 
                        Mexico to provide relevant information for 
                        purposes of verification of particular 
                        shipments of Mexico described in subparagraph 
                        (A).
            (2) Review of relevant information and request for 
        additional steps.--The Interagency Environment Committee--
                    (A) shall review relevant information provided by 
                Mexico as described in paragraph (1)(B)(ii) to 
                determine if the Trade Representative should request 
                additional steps to verify information provided or 
                related to a particular shipment of Mexico; and
                    (B) may request the Trade Representative to, within 
                a reasonable period of time, request Mexico to take 
                such additional steps with respect to the particular 
                shipment.
            (3) Consultation.--The Trade Representative, on behalf of 
        the Interagency Environment Committee, shall, on a quarterly 
        basis, consult with the appropriate congressional committees 
        and the Trade and Environment Policy Advisory Committee (or 
        successor advisory committee) established under section 
        135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) 
        regarding the public comments and relevant information 
        described in paragraph (1) and the actions taken under 
        paragraph (2).
    (e) Application.--Subsections (c) and (d) shall apply with respect 
to Mexico for such time as the USMCA is in force with respect to, and 
the United States applies the USMCA to, Mexico.

SEC. 814. ENFORCEMENT ACTIONS.

    The Interagency Environment Committee--
            (1) may request the Trade Representative to, within a 
        reasonable period of time, request consultations under--
                    (A) article 24.29 of the USMCA (relating to 
                environment consultations) with respect to the USMCA 
                country; or
                    (B) articles 31.4 and 31.6 of the USMCA (relating 
                to dispute settlement consultations) with respect to 
                the USMCA country; or
            (2) may request the heads of other Federal agencies 
        described in section 815 to initiate monitoring or enforcement 
        actions with respect to the USMCA country under the provisions 
        of law described in section 815.

SEC. 815. OTHER MONITORING AND ENFORCEMENT ACTIONS.

    (a) Marine Mammal Protection Act.--The Secretary of Commerce has 
authority to take appropriate monitoring or enforcement actions under 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
    (b) Magnuson-Stevens Fishery Conservation and Management Act.--The 
Secretary of Commerce has authority to take appropriate monitoring or 
enforcement actions under the following provisions of law:
            (1) The Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
            (2) The Magnuson-Stevens Fishery Conservation and 
        Management Reauthorization Act of 2006 (16 U.S.C. 1891 et 
        seq.).
            (3) The High Seas Driftnet Fishing Moratorium Protection 
        Act (16 U.S.C. 1826d et seq.).
            (4) The Shark Conservation Act of 2010 (16 U.S.C. 1826k 
        note; 1857 note).
            (5) The Shark Finning Prohibition Act (16 U.S.C. 1822 
        note).
    (c) Fishermen's Protective Act of 1967.--The Secretary of Commerce 
and Secretary of the Interior have authority to take appropriate 
monitoring or enforcement actions under section 8 of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1978).
    (d) Agreement on Port State Measures To Prevent, Deter and 
Eliminate Illegal, Unreported and Unregulated Fishing.--The Secretary 
of Commerce has authority to take appropriate monitoring or enforcement 
actions under the Port State Measures Agreement Act of 2015 (16 U.S.C. 
7401 et seq.).
    (e) Endangered Species Act.--The Secretary of Agriculture, the 
Secretary of the Interior, the Secretary of Homeland Security, the 
Secretary of Commerce, and the Secretary of the Treasury have authority 
to take appropriate monitoring or enforcement actions under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (f) Lacey Act.--The Secretary of Agriculture, the Secretary of 
Commerce, the Secretary of the Interior, the Secretary of Homeland 
Security, and the Secretary of the Treasury have authority to take 
appropriate monitoring or enforcement actions under the Lacey Act 
Amendments of 1981 (16 U.S.C. 3371 et seq.).
    (g) Migratory Bird Treaty Act.--The Secretary of the Interior has 
authority to take appropriate monitoring or enforcement actions under 
the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 et seq.).
    (h) Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act.--
The Secretary of State, the Secretary of the Interior, the Attorney 
General, and Administrator of the United States Agency for 
International Development have authority to take appropriate monitoring 
or enforcement actions under the Eliminate, Neutralize, and Disrupt 
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601 et seq.).
    (i) Wild Bird Conservation Act.--The Secretary of the Interior has 
authority to take appropriate monitoring or enforcement actions under 
the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.).
    (j) Customs Seizure and Other Authorities.--The Secretary of 
Homeland Security has authority to take appropriate monitoring or 
enforcement actions under section 499 of the Tariff Act of 1930 (19 
U.S.C. 1499) or section 596 of such Act (19 U.S.C. 1595a).
    (k) Other Relevant Provisions of Law.--The Interagency Environment 
Committee may request the heads of other Federal agencies to take 
appropriate monitoring or enforcement actions under other relevant 
provisions of law.
    (l) Rule of Construction.--Nothing in this section may be construed 
to supersede or otherwise limit in any manner the functions or 
authority of the head of any Federal agency described in this section 
under any other provision of law.

SEC. 816. REPORT TO CONGRESS.

    (a) In General.--The Trade Representative, in consultation with the 
head of any Federal agency described in this subtitle, shall submit to 
the appropriate congressional committees a report on the implementation 
of this subtitle, including--
            (1) a description of efforts of the USMCA countries to 
        implement their environmental obligations; and
            (2) a description of additional efforts to be taken with 
        respect to USMCA countries that are failing to implement their 
        environmental obligations.
    (b) Timing of Report.--The report required by subsection (a) shall 
be submitted--
            (1) not later than one year after the date on which the 
        USMCA enters into force;
            (2) annually for each of the next four years; and
            (3) biennially thereafter.
    (c) Additional Matters To Be Included in the Fifth Annual Report.--
The report required by subsection (a) that is submitted in the fifth 
year after the USMCA enters into force shall also include the 
following:
            (1) The updated assessment required by section 812(d).
            (2) A comprehensive determination regarding USMCA 
        countries' implementation of their environmental obligations.
            (3) An explanation of how compliance with environmental 
        obligations will be taken into consideration during the ``joint 
        review'' conducted pursuant to article 34.7.2 of the USMCA on 
        the sixth anniversary of the entry into force of the USMCA.

SEC. 817. REGULATIONS.

    The head of any Federal agency described in this subtitle, in 
consultation with the Interagency Environment Committee, may prescribe 
such regulations as are necessary to carry out the authorities of the 
Federal agency as provided for under this subtitle.

                       Subtitle B--Other Matters

SEC. 821. BORDER WATER INFRASTRUCTURE IMPROVEMENT AUTHORITY.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall, in coordination with eligible public entities, carry out 
the planning, design, construction, and operation and maintenance of 
high priority treatment works in the covered area to treat wastewater 
(including stormwater), nonpoint sources of pollution, and related 
matters resulting from international transboundary water flows 
originating in Mexico.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Administrator shall 
submit to Congress a report on activities carried out pursuant to this 
section.
    (c) Definitions.--In this section:
            (1) Covered area.--The term ``covered area'' means the 
        portion of the Tijuana River watershed that is in the United 
        States.
            (2) Eligible public entities.--The term ``eligible public 
        entities'' means--
                    (A) the United States Section of the International 
                Boundary and Water Commission;
                    (B) the Corps of Engineers;
                    (C) the North American Development Bank;
                    (D) the Department of State;
                    (E) any other appropriate Federal agency;
                    (F) the State of California; and
                    (G) any of the following entities with jurisdiction 
                over any part of the covered area:
                            (i) A local government.
                            (ii) An Indian Tribe.
                            (iii) A regional water board.
                            (iv) A public wastewater utility.
            (3) Treatment works.--The term ``treatment works'' has the 
        meaning given that term in section 212 of the Federal Water 
        Pollution Control Act.

SEC. 822. DETAIL OF PERSONNEL TO OFFICE OF THE UNITED STATES TRADE 
              REPRESENTATIVE.

    (a) In General.--Upon the request of the Trade Representative, the 
Administrator of the Environmental Protection Agency, the Director of 
the U.S. Fish and Wildlife Service, and the Administrator of the 
National Oceanic Atmospheric Administration may detail, on a 
reimbursable basis, one employee of each such respective agency to the 
Office of the United States Trade Representative to be assigned to the 
United States Embassy in Mexico to carry out the duties described in 
subsection (b).
    (b) Duties.--The duties described in this subsection are the 
following:
            (1) Assist the Interagency Environment Committee to carry 
        out monitoring and enforcement actions with respect to the 
        environmental obligations of Mexico.
            (2) Prepare and submit to the Interagency Environment 
        Committee on a quarterly basis a report on efforts of Mexico to 
        comply with its environmental obligations.

              Subtitle C--North American Development Bank

SEC. 831. GENERAL CAPITAL INCREASE.

    Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 
290m et seq.) is amended by adding at the end the following:

``SEC. 547. FIRST CAPITAL INCREASE.

    ``(a) Subscription Authorized.--
            ``(1) In general.--The Secretary of the Treasury is 
        authorized to subscribe on behalf of the United States to, and 
        make payment for, 150,000 additional shares of the capital 
        stock of the Bank.
            ``(2) Limitation.--Any subscription by the United States to 
        the capital stock of the Bank shall be effective only to such 
        extent and in such amounts as are provided in advance in 
        appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--
            ``(1) In general.--In order to pay for the increase in the 
        United States subscription to the Bank under subsection (a), 
        there are authorized to be appropriated, without fiscal year 
        limitation, $1,500,000,000 for payment by the Secretary of the 
        Treasury.
            ``(2) Allocation of funds.--Of the amount authorized to be 
        appropriated under paragraph (1)--
                    ``(A) $225,000,000 shall be for paid in shares of 
                the Bank; and
                    ``(B) $1,275,000,000 shall be for callable shares 
                of the Bank.''.

SEC. 832. POLICY GOALS.

    (a) In General.--To the extent consistent with the mission and 
scope of the North American Development Bank on the day before the date 
of the enactment of this Act and pursuant to section 2 of article II of 
the Charter, the Secretary of the Treasury should direct the 
representatives of the United States to the Board of Directors of the 
Bank to use the voice and vote of the United States to give preference 
to the financing of projects related to environmental infrastructure 
relating to water pollution, wastewater treatment, water conservation, 
municipal solid waste, stormwater drainage, non-point pollution, and 
related matters.
    (b) Charter Defined.--In this section, the term ``Charter'' means 
the Agreement Concerning the Establishment of a Border Environment 
Cooperation Commission and a North American Development Bank, signed at 
Washington and Mexico November 16 and 18, 1993, and entered into force 
January 1, 1994 (TIAS 12516), between the United States and Mexico.

SEC. 833. EFFICIENCIES AND STREAMLINING.

    The Secretary of the Treasury should direct the representatives of 
the United States to the Board of Directors of the North American 
Development Bank to use the voice and vote of the United States to seek 
to require the Bank to develop and implement efficiency improvements to 
streamline and accelerate the project certification and financing 
process, including through initiatives such as single certifications 
for revolving facilities, programmatic certification of similar groups 
of small projects, expansion of internal authority to approve qualified 
projects below certain monetary thresholds, and expedited certification 
for public sector projects subject to lender bidding processes.

SEC. 834. PERFORMANCE MEASURES.

    (a) In General.--The Secretary of the Treasury should direct the 
representatives of the United States to the Board of Directors of the 
North American Development Bank to use the voice and vote of the United 
States to seek to require the Bank to develop performance measures 
that--
            (1) demonstrate how projects and financing approved by the 
        Bank are meeting the Bank's mission and providing added value 
        to the region near the international land border between the 
        United States and Mexico; and
            (2) are reviewed and updated not less frequently than 
        annually.
    (b) Report to Congress.--The Secretary of the Treasury shall submit 
to Congress, with the submission to Congress of the budget of the 
President for a fiscal year under section 1105(a) of title 31, United 
States Code, a report on progress in imposing the performance measures 
described in subsection (a) of this section.

         TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

     The following sums are hereby appropriated, out of any money in 
the Treasury not otherwise appropriated, for fiscal year 2020 and for 
other purposes, namely:

                       DEPARTMENT OF AGRICULTURE

                         Agricultural Programs

               Animal and Plant Health Inspection Service

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', for 
enforcement of the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
seq.) during fiscal years 2020 through 2023 related to trade activities 
between the United States and Mexico, $4,000,000, to remain available 
until September 30, 2023:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'', $16,000,000, to remain available until September 30, 
2023:  Provided, That $8,000,000 shall be available to engage in 
cooperation with the Government of Mexico to combat illegal, 
unreported, and unregulated fishing and enhance the implementation of 
the Seafood Import Monitoring Program pursuant to 16 U.S.C. 1826 and 
1829, during fiscal years 2020 through 2023:  Provided further, That 
$8,000,000 shall be available to carry out section 3 of the Marine 
Debris Act (33 U.S.C. 1952) during fiscal years 2020 through 2023 in 
the North American region:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

            Office of the United States Trade Representative

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$50,000,000, to remain available until September 30, 2023:  Provided, 
That $30,000,000 shall be available solely to provide for additional 
capacity of the Office during fiscal years 2020 through 2023 to monitor 
compliance with labor obligations (as such term is defined in section 
701 of this Act), including the necessary expenses of additional full-
time employees to participate in the Interagency Labor Committee for 
Monitoring and Enforcement established pursuant to section 711 of this 
Act:  Provided further, That $20,000,000 shall be available to 
reimburse the necessary expenses of personnel participating in the 
Interagency Environment Committee for Monitoring and Enforcement 
established pursuant to section 811 of this Act during fiscal years 
2020 through 2023 to monitor compliance with environmental obligations 
(as such term is defined in section 801 of this Act), including up to 1 
additional full-time employee detailed to the United States Embassy in 
Mexico from each of the United States Fish and Wildlife Service, the 
Environmental Protection Agency, and the National Oceanic and 
Atmospheric Administration:  Provided further, That, if the United 
States Trade Representative determines that the additional amount 
appropriated under this heading in this Act exceeds the amount 
sufficient to provide for the reimbursement of personnel specified in 
the previous proviso, such excess amounts may be used to reimburse the 
necessary expenses of additional personnel participating in the 
Interagency Environment Committee for Monitoring and Enforcement during 
fiscal years 2020 through 2023 to monitor compliance with environmental 
obligations (as such term is defined in section 801 of this Act):  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      trade enforcement trust fund

    For an additional amount for the ``Trade Enforcement Trust Fund'', 
$40,000,000, to remain available until September 30, 2023, to carry out 
the enforcement of environmental obligations under the USMCA, including 
for state-to-state dispute settlement actions, during fiscal years 2020 
through 2023:  Provided, That, amounts appropriated in this paragraph 
shall not count toward the limitation specified in section 611(b)(2) of 
the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 
4405):  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                          resource management

    For an additional amount for ``Resource Management'', to enforce 
the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) and sections 
42 and 43 of title 18, United States Code, with respect to goods 
imported or exported between the United States and Mexico, during 
fiscal years 2020 through 2023, $4,000,000, to remain available until 
September 30, 2023:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                    ENVIRONMENTAL PROTECTION AGENCY

                 Environmental Programs and Management

    For an additional amount for ``Environmental Programs and 
Management'' for necessary expenses for carrying out the Environmental 
Protection Agency's efforts through the Commission for Environmental 
Cooperation during fiscal years 2020 through 2023, to reduce pollution, 
strengthen environmental governance, conserve biological diversity, and 
sustainably manage natural resources, $4,000,000, to remain available 
until expended:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                   State and Tribal Assistance Grants

    For an additional amount for ``State and Tribal Assistance Grants'' 
for architectural, engineering, planning, design, construction and 
related activities in connection with the construction of high priority 
wastewater facilities in the area of the United States-Mexico Border, 
after consultation with the appropriate border commission, 
$300,000,000, to remain available until expended:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                          DEPARTMENT OF LABOR

                        Departmental Management

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$210,000,000, for the Bureau of International Labor Affairs to 
administer or operate international labor activities, bilateral and 
multilateral technical assistance, and microfinance programs, by or 
through contracts, grants, subgrants and other arrangements; of which 
$180,000,000, to remain available until December 31, 2023, shall be 
used to support reforms of the labor justice system in Mexico, 
including grants to support worker-focused capacity building, efforts 
to reduce workplace discrimination in Mexico, efforts to reduce child 
labor and forced labor in Mexico, efforts to reduce human trafficking, 
efforts to reduce child exploitation, and other efforts related to 
implementation of the USMCA; and of which $30,000,000, to remain 
available until September 30, 2027, shall be available to provide for 
additional capacity of the Bureau of International Labor Affairs during 
fiscal years 2020 through 2027 to monitor compliance with labor 
obligations (as such term is defined in section 701 of this Act), 
including the necessary expenses of additional full-time employees of 
the Bureau to participate in the Interagency Labor Committee for 
Monitoring and Enforcement established pursuant to section 711 of this 
Act:  Provided, That the Secretary of Labor may detail or assign up to 
5 additional full-time employees of the Bureau to the United States 
Embassy or consulates in Mexico to (1) assist in monitoring and 
enforcement actions with respect to the labor obligations of Mexico, 
and (2) prepare a report, to be submitted on a quarterly basis to the 
Interagency Labor Committee for Monitoring and Enforcement through 
September 30, 2027, on the efforts of Mexico to comply with labor 
obligations (as such term is defined in section 701 of this Act):  
Provided further, That such employees, while detailed or assigned, 
shall continue to receive compensation, allowances, and benefits from 
funds made available to the Bureau for purposes related to the 
activities of the detail or assignment, in accordance with authorities 
related to their employment status and agency policies:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                        MULTILATERAL ASSISTANCE

                  International Financial Institutions

          contribution to the north american development bank

    For payment to the North American Development Bank by the Secretary 
of the Treasury for the United States share of the paid-in portion of 
the increase in capital stock, $215,000,000, to remain available until 
expended:  Provided, That the authorities and conditions applicable to 
accounts in title V of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2019 (division F of Public Law 
116-6) shall apply to the amounts provided under this heading:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 901.  Each amount appropriated or made available by this title 
is in addition to any amounts otherwise appropriated for any of the 
fiscal years involved.
    Sec. 902.  No part of any appropriation contained in this title 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 903.  Unless otherwise provided for by this title, the 
additional amounts appropriated by this title to appropriations 
accounts shall be available under the authorities and conditions 
applicable to such appropriations accounts for fiscal year 2020.
    Sec. 904.  Each amount designated in this title by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall 
be available (or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts and transmits 
such designations to the Congress.

                           budgetary effects

    Sec. 905.  (a) Statutory PAYGO Scorecards.--The budgetary effects 
of this title shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this title 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 4106 of H. Con. Res. 71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the budgetary effects of this 
title shall be estimated for purposes of section 251 of such Act.
    This title may be cited as the ``USMCA Supplemental Appropriations 
Act, 2019''.
                                                 Union Calendar No. 284

116th CONGRESS

  1st Session

                               H. R. 5430

                      [Report No. 116-358, Part I]

_______________________________________________________________________

                                 A BILL

 To implement the Agreement between the United States of America, the 
United Mexican States, and Canada attached as an Annex to the Protocol 
           Replacing the North American Free Trade Agreement.

_______________________________________________________________________

                           December 19, 2019

             Reported from the Committee on Ways and Means

                           December 19, 2019

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed