[Congressional Record Volume 165, Number 206 (Thursday, December 19, 2019)]
[House]
[Pages H12221-H12269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


        UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT

  Mr. HOYER. Madam Speaker, pursuant to the order of the House of 
December 16, 2019, I call up the bill (H.R. 5430) 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, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Ms. Torres Small of New Mexico). Pursuant to 
the order of the House of December 16, 2019, the bill is considered 
read.
  The text of the bill is as follows:

                               H.R. 5430

       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:

*ERR08*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.

[[Page H12222]]

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



 =========================== NOTE =========================== 

  
  December 19, 2019, on page H12222, ``*ERR08*'' inadvertently 
appeared at one place.
  
  The online version has been corrected to delete the inadvertent 
text.


 ========================= END NOTE ========================= 


     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--

[[Page H12223]]

       (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.

[[Page H12224]]

  


     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

[[Page H12225]]

     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 =                    ----------                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 =                    ----------                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:

[[Page H12226]]

       (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

[[Page H12227]]

       (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

[[Page H12228]]

     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

[[Page H12229]]

     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

[[Page H12230]]

     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-

[[Page H12231]]

     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.

[[Page H12232]]

       (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--

[[Page H12233]]

       ``(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

[[Page H12234]]

     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.''.

[[Page H12235]]

       (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)

[[Page H12236]]

     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:

*ERR08*``1584. Civil actions under the United States-Canada Free-Trade 
              Agreement or the USMCA.''.


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text.


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       (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;

[[Page H12237]]

       (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.''.


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       (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

[[Page H12238]]

     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.''.


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 ========================= END NOTE ========================= 


       (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--

[[Page H12239]]

       (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.''.


 =========================== NOTE =========================== 

  
  December 19, 2019, on page H12239, ``*ERR08*'' inadvertently 
appeared at two places.
  
  The online version has been corrected to delete the inadvertent 
text.


 ========================= END NOTE ========================= 


       (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--

[[Page H12240]]

       (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

[[Page H12241]]

     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:

[[Page H12242]]

       (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

[[Page H12243]]

       (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

[[Page H12244]]

     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

[[Page H12245]]

     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).

[[Page H12246]]

       (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''.

  The SPEAKER pro tempore. The bill shall be debatable for 2 hours 
equally divided and controlled by the majority leader and the minority 
leader or their respective designees.
  The gentleman from Maryland (Mr. Hoyer) and the gentleman from 
California (Mr. McCarthy) each will control 1 hour.
  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. HOYER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous material on H.R. 5430.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. HOYER. Madam Speaker, I yield myself 1 minute.
  This vote today, Madam Speaker, is a reminder that, even while the 
House was working on a serious matter regarding the President's 
accountability for abuses of office, we were still working hard to 
deliver on our promises to the American people to focus on economic 
opportunity, and in this instance we were working together.
  This USMCA agreement before us is a vast improvement over the first 
version shown to us by President Trump and his team. We worked 
together, and it now includes critically important changes offered by 
Democratic members in order to ensure that its enforcement mechanisms 
are stronger, that it protects American workers, and that it will help 
lower prescription drug costs and improve access to medications.
  This agreement, Madam Speaker, will also remove some of the 
uncertainty created by the tariff policies that have been pursued by 
the President.
  I am glad that our House Democratic working group was able to secure 
new provisions to ensure that America's trading partners uphold the 
rights of workers to unionize and bargain collectively. And I am glad 
that this agreement includes strong, rapid-response enforcement 
mechanisms that will allow us to block imports produced in facilities 
where these commitments are violated.
  I, and this Congress, will be closely monitoring the enforcement of 
this new agreement to make certain that the administration is doing its 
job and workers' rights are protected.
  I thank Speaker Pelosi, Chairman Neal of the Ways and Means 
Committee, and Ambassador Lighthizer, who represented the 
administration in his straightforward, honest way. Their hard work and 
negotiations with the White House to improve on the administration's 
initial draft were successful.
  I thank, as well, the members of the Democratic working group who 
spent months working alongside the Speaker and chairman to fight for 
the provisions necessary to secure House support.
  This agreement, Madam Speaker, is truly the product of bipartisanship 
with many victories for Democrats, of which all Americans can be proud, 
and obviously, victories for Republicans, as well. I hope we can 
approve it today with a strong, bipartisan vote of support.
  Madam Speaker, I reserve the balance of my time.
  Mr. McCARTHY. Madam Speaker, I yield myself 1 minute.
  Madam Speaker, in sharp contrast to yesterday, today is the first 
time this Chamber can finally rally behind an overwhelming, bipartisan 
legislative win since the beginning of this Congress.
  More than a year ago, President Trump came together with the leaders 
of Mexico and Canada to sign a transformative trade deal that would 
revamp how we trade goods with our top two leading traders. Despite 
delay after delay from our Democratic colleagues, Republicans never 
relented.
  We understood months ago that the United States-Mexico-Canada 
agreement would deliver a much-deserved win for the American worker. 
Today is for them. It is for our hardworking farmers who have early 
mornings and long days maintaining their harvest and livestock. It is 
for our consumers who will be paying less money at the checkout for 
everyday goods. It is for generations of Americans that will be able to 
enjoy a more prosperous and financially secure future for decades to 
come.
  And because of that Republicans fought. We spoke to our constituents. 
We took to the floor to deliver speeches. I just did a report to see 
the number of times in the last year USMCA was mentioned on this floor. 
Ninety-one percent of all the times it was mentioned were from this 
side of the aisle and 9 percent on the other. I want to congratulate 
our members for never giving up.
  We spoke about the wins the USMCA would deliver any chance we got, 
and we stayed in close contact with the administration to ensure that 
it would be the right deal worthy of the American workers' legacy.
  Republicans also understood that the ratification of USMCA would only 
make the United States stronger as we continue to negotiate a trade 
with China.
  I am glad today is here, but it is a year late. Mexico is our number 
one trader. Canada is our number two. China is number three. For the 
last year we have been trying to negotiate an agreement with China. Our 
hand would only have been stronger if today happened months ago. I am 
glad today is here, but the delay has hurt us.
  As we move forward, another goal that President Trump continues to 
make progress on is our negotiations with China. Today will make him 
stronger and, hopefully, help his hand from the last year.
  Our economy is booming, exceeding expectations on a regular basis. 
Thanks to this President and Republicans in Congress pushing pro-growth 
policies, we are living through the best economy in a generation.
  Regardless, if you are a Republican or a Democrat, the strength of 
this economy is undeniable, and that is a fact worth celebrating.

                              {time}  1045

  The ratification of the USMCA will guarantee that the trajectory 
continues to move in the same positive direction.
  After 25 years, a revised trade agreement was well past due.
  I know other Presidents had promised they would be able to do this. 
It is no small feat and not easy by any means, but it is another 
promise kept by this President, and we want to thank him for his work.
  When President Trump ran for office, passing the USMCA was a campaign 
promise. Critics said it couldn't be done, yet he made it happen. 
Another promise made, another promise kept.
  I also want to commend the incredible support he had from 
Congressional Republicans, especially our Ranking Member Kevin Brady 
and the entire team he has on the Ways and Means Committee. They never 
faltered, they never backed down, and they continued to work.
  Madam Speaker, they never let the Democrat pushback hold them back 
from delivering a major win for the American worker.
  Today is a day worth celebrating. It is a day this House, after 
nearly a year, finally checked their partisanship at the door to better 
the lives of the American people.
  Madam Speaker, I yield the balance of my time to the gentleman from 
Texas (Mr. Brady).
  Mr. BRADY. Madam Speaker, I reserve the balance of my time.
  Mr. NEAL. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I am delighted to stand in support of H.R. 5430, the 
United States-Mexico-Canada Agreement Implementation Act.
  The legislation we are considering today is the result of almost 14 
months of negotiations between House Democrats and Ambassador 
Lighthizer, and I am very proud of the outcome that we have reached.
  As a result of these months of work, the USMCA is a transformative 
agreement that creates a new high-water mark for U.S. trade deals going 
forward.

[[Page H12247]]

  When we assumed the majority this year, we were asked to consider a 
renegotiated NAFTA that had structural flaws in a key number of areas: 
enforcement, labor rights, environment, and access to medicines.
  Let me start with enforcement, which was the crux of this agreement.
  As I have noted many times over the past year, I did not vote for the 
original NAFTA. The chief reason was the lack of enforceability 
mechanisms. During these past 25 years, we have seen the shortcomings 
of the original agreement, much of which comes down to a lack of 
enforcement, in my view.
  House Democrats, working with Ambassador Lighthizer, fixed many of 
those issues. The improvements to the USMCA that we negotiated finally 
make the agreement enforceable by preventing a country from being able 
to block the formation of a dispute settlement panel.
  On labor, our trade agreements, in many cases, have failed American 
workers. NAFTA has been symbolic of our broken promises to these 
workers.
  Over 25 years of the NAFTA, there have been 39 petitions filed 
documenting the exploitation of workers and zero enforcement actions 
taken to remedy those violations.
  In close partnership with labor unions and with the robust support of 
Ways and Means Democrats, support from Republicans, we negotiated 
improvements to the rules and to our monitoring regime, and we 
established a new enforcement mechanism.
  On the rules, we strengthened certain provisions and addressed 
obstacles to enforcement in many others. On monitoring, for the first 
time we have created a proactive monitoring regime for labor 
obligations in a trade agreement. The implementing bill establishes an 
Interagency Labor Committee that will actively monitor Mexico's 
compliance, and report back to Congress.
  On enforcement, we negotiated a historic mechanism never included in 
a trade agreement before. As a result of Democratic efforts, we will 
now have a facility-specific, rapid-response mechanism to address 
violations of key labor obligations.
  We have made great improvements to environmental provisions. The 
USMCA will now include the highest environmental standards of any trade 
agreement in history and will include a new customs verification 
agreement to enhance enforcement.
  The implementing bill, and I hope our colleagues in this Chamber will 
hear this, also secures more than $600 million in funding for 
environmental problems in the NAFTA region and reauthorizes the North 
American Development Bank.
  Through the dedication of the working group members, the Trade 
Subcommittee members, we also secured important changes to USMCA that 
preserve Congress' ability to change U.S. law to address the crisis we 
face with respect to high prescription drug prices.
  These changes set a new standard for U.S. trade agreements, and 
demonstrate that trade agreements can achieve broad, bipartisan support 
if they empower workers, protect patients, provide access to affordable 
healthcare, and improve our shared environment.
  I am proud of what we did here. After 14 months of negotiating on 
every conceivable front, we have improved the old NAFTA.
  Madam Speaker, I want to remind our colleagues today, if they decide 
that they are not going to vote for this piece of legislation in front 
of us, that is up to them. But one thing they cannot say is, this is 
not much better than what we have had in the past.
  So the options here are clear: you can vote for what we have 
negotiated or you can embrace the status quo. And if this fails today, 
that is precisely what you are doing: embracing the status quo.
  This agreement, based upon the painstaking efforts of members of the 
committee and Ambassador Lighthizer, was done with full transparency. 
No surprises are in this legislation.

  I hope that today we can say at the end of the time limits that this 
was a successful negotiation of the largest trade agreement in American 
history, a hemispheric agreement that I think we can stand in support 
of with great pride today.
  Madam Speaker, I reserve the balance of my time.
  Mr. BRADY. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, yesterday, with impeachment, was a low mark in 
partisanship.
  Today, we have the opportunity to set a high mark in consensus and 
bipartisanship.
  Today is a momentous day. We will finally consider the implementing 
bill that brings the trade relationship between the U.S., Canada, and 
Mexico into the 21st century.
  This trade agreement is sorely needed. It has been over 25 years 
since we first established this trade relationship through NAFTA. So 
much has changed since then.
  For one thing, when we passed NAFTA, the phone booths by the Ways and 
Means hearing room actually had pay phones in them.
  A new 21st century trade agreement will be a force multiplier for 
America's already strong economy.
  Today marks the day 2 years ago that the House approved the Tax Cuts 
and Jobs Act for the first time that has transformed America's economy.
  Today, President Trump and Ambassador Lighthizer have fought hard and 
delivered on their promise for a pro-growth and moderate trade pact. 
And because of their outstanding leadership and working closely with 
our congressional leaders on both sides of the aisle, we now have a 
trade agreement that will deliver historic wins for the economy, and 
that is because this trade agreement is all about growth.
  USMCA will set the stage for billions more in economic activity. It 
creates, for the first time, rules for competing in the digital 
economy, to the advantage of America's manufacturers and farmers across 
so many sectors. It pries open Canada's market for U.S. farmers and 
ranchers to sell American dairy, wheat, chickens, eggs, and turkey. It 
improves the competitive position of our manufacturers, our service 
companies, and our small businesses. It ends the race to the bottom 
created by what had been Mexico's poor labor laws.
  The agreement, best of all, is enforceable, allowing us to challenge 
violations and to stop countries from blocking these challenges, 
holding Mexico and Canada accountable for these new rules.
  More jobs. More American customers.
  America's innovators will get the tools they need to succeed here as 
we compete with countries like China.
  Independent experts predict this new agreement will spur over $68 
billion in new economic activity.
  We are always looking to create more U.S. jobs, and this will create 
more than 176,000 jobs here in America, including 76,000 in our auto 
sector. That is good news for everyone.
  Best of all for the American people, USMCA is a truly bipartisan 
agreement.
  To Chairman Neal's credit and his remarkable hard work, House 
Democrats, including Chairman Blumenauer and my Texas colleague, Henry 
Cuellar and many others, worked in good faith with Ranking Member 
Buchanan and Ambassador Lighthizer to get on a path to ``yes.''
  We are so glad to see so many Republican priorities were retained.
  In the agreement before us today, we have labor and environmental 
rules that are realistic, they are measurable, they are enforceable.
  What is not in this agreement are provisions for which there is no 
consensus, like the Paris climate accord.
  It is not a perfect agreement. No trade agreements are. We will 
continue to work to improve the areas that we think can be improved in 
future agreements, but in any event, American workers have a major 
victory in the USMCA, and I am proud to support it.
  It is a shame that the Speaker held it up for so long. It has been 
over a year since President Trump and our North American neighbors 
signed the new U.S.-Mexico-Canada Agreement. It has been over half a 
year since Mexico ratified the initial agreement, and they have 
undertaken transformational labor reform.
  Due to Democrats' misguided obsession with impeachment, they 
neglected moving forward on this pro-worker and pro-growth trade 
agreement for far too long.
  Nonetheless, today I am so encouraged that we are here, finally 
moving forward on this new, strengthened

[[Page H12248]]

North American Trade Agreement, because in the end, USMCA will not be a 
Republican win or a Democratic win, but a win for the American people, 
and a stronger, more prosperous alliance with our North American 
trading partners.
  Madam Speaker, I reserve the balance of my time.
  Mr. NEAL. Madam Speaker, I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer), the chairman of the Trade Subcommittee, who 
also made an invaluable effort in terms of the working group that 
assembled the document that we will vote on this afternoon.
  Mr. BLUMENAUER. Madam Speaker, I thank Chairman Neal for his 
extraordinary efforts.
  Twenty-five years ago, NAFTA passed over strong opposition, with 
serious flaws.
  At the beginning of this Congress, we were given a bill by the 
administration that didn't address those problems. It didn't have the 
votes to pass and it didn't deserve to pass.
  I am proud of the work with our chairman; with our working group; the 
Speaker, who periodically invested huge amounts of time to keep it on 
track; and, of course, Ambassador Lighthizer, who was a great partner 
working with us.
  We are voting today on an agreement that has fundamentally been 
rewritten and strengthened.
  A personal priority for me was stripping unnecessary and harmful 
special provisions for Big Pharma. We have strengthened labor 
protections and enforcement. These are game changers. The help of AFL-
CIO President Richard Trumka and, again, the Speaker were invaluable.
  We have had environmental improvements. My colleague from Oregon, 
Suzanne Bonamici, deserves great praise for being tenacious on that. We 
will attack the raw sewage many of us saw flowing into the Pacific in 
Tijuana.
  We finally have come to an agreement that can and should be passed.
  I appreciate the hard work of all our colleagues, and hope that this 
is a foundation that we can move forward on to deal with challenges we 
have with a global economy with the same spirit of cooperation and 
innovation.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Buchanan), the leading Republican on the Trade 
Subcommittee, who deserves great credit for this trade agreement.
  Mr. BUCHANAN. Madam Speaker, I rise today in support of the United 
States-Mexico-Canada Agreement. I want to say up front, I am so excited 
about this bipartisan effort, that is going to make a big difference 
for American workers.
  Madam Speaker, I want to thank our leaders on our committee: Leader 
Brady, Chairman Neal, Chairman Blumenauer. I want to thank all of them, 
because this has been a team effort. It is exciting to see that once in 
a while.
  What the House passes today will bring us one step closer to finally 
modernizing and balancing the 25-year-old North American Free Trade 
Agreement, which supports nearly $1.3 trillion in economic activity and 
more than 12 million American jobs.
  Passing USMCA will update the United States' critical trading 
relationships with our North American neighbors into the 21st century, 
a high-standard deal that benefits American workers, businesses, and 
the economy.

                              {time}  1100

  In fact, according to the independent International Trade Commission, 
USMCA will boost our economy by $68 billion and create an additional 
175,000 new jobs.
  International trade is critical to my home State of Florida, where we 
export more than $12 billion worth of goods and services to Canada and 
Mexico, supporting more than 700,000 jobs.
  Leveling the playing field for Florida and the country, as well as 
increasing access to our foreign markets, is critical to growing the 
U.S. economy and creating good-paying jobs.
  Florida has 15 deepwater seaports, including Port Manatee in my 
district. Florida exports tens of billions of dollars in goods and 
services annually and adds more than $100 billion in economic value to 
our State.
  I also congratulate President Trump because this is something for the 
last 3 or 4 years he has been very passionate about, and Ambassador 
Lighthizer because, without him and his effort, I am not sure we would 
be here today.
  Madam Speaker, I urge support for this landmark trade agreement.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
Georgia (Mr. Lewis), whose legendary work on behalf of America is well 
known to all.
  Mr. LEWIS. Madam Speaker, I thank my friend, Chairman Neal, for all 
of his hard and great work. He never gave up; he never gave in. He kept 
the faith, and he kept his eyes on the prize.
  I thank all of my colleagues, both Democrats and Republicans, from 
the Ways and Means Committee for finding a way to get us to the point 
where we are today.
  Twenty-six years ago, I opposed NAFTA with every bone in my body. I 
never thought the day would come when we would have the opportunity to 
right some of the wrongs in that agreement.
  NAFTA failed our workers. It failed our Mexican brothers and sisters. 
It failed Mother Earth.
  NAFTA destroyed the hopes and dreams of a generation. It wiped out 
communities. It started a race to the bottom.
  With this vote, we have a chance to reset the clock, to chart a new 
path, and to create a new trade model.
  We can always do more, but today, we build a new foundation for trade 
policy, a floor that reflects our values as a people and as a nation.
  I thank the working group and all of our trade staff for working day 
in and day out. They were determined to do right.
  Mr. BRADY. Madam Speaker, I am proud to yield 2 minutes to the 
gentlewoman from Wyoming (Ms. Cheney), a free-market conservative who 
is an outstanding chairman of the Republican Conference.
  Ms. CHENEY. Madam Speaker, I thank the Republican leader of the Ways 
and Means Committee, my friend Mr. Brady, for all of his hard work, and 
Chairman Neal, as well, for his work on this.
  Sadly, Madam Speaker, last night, on the floor of this House, the 
Democrats impeached the President of the United States without any 
direct evidence. After that, we learned that, despite the fact that 
they claimed, for months, that impeachment was an urgent matter, 
Speaker Pelosi is refusing to send the Articles of Impeachment to the 
Senate. I suppose we shouldn't be surprised, as Leader McConnell, 
moments ago, said that these articles are a reflection of very shoddy 
work and a rigged and rushed process.
  The American voters will not forget the travesty that the House 
Democrats have overseen. Had they not been obsessed with impeaching 
President Trump, we could have approved this very deal a year ago. The 
bipartisan nature of this deal that we are here discussing today cannot 
cover up what happened on this floor last night.
  Trade with Mexico and Canada is vital to our economy in my home State 
of Wyoming. Exports from Wyoming to our North American partners totaled 
$207 million in 2018. This USMCA will open countless new opportunities 
for Wyoming businesses, especially our agriculture producers selling 
our goods like wheat and beef, increasing export opportunities and the 
thousands of jobs supported by trade in Wyoming.
  USMCA will also benefit our small- and medium-sized businesses, which 
already comprise 67 percent of our State's exports of machinery to 
Canada and Mexico.
  For too long, NAFTA allowed countries to take advantage of U.S. 
workers. USMCA, negotiated by the President, is vital to strengthening 
our relationship with our North American trade partners while still 
holding Canada and Mexico accountable.
  Madam Speaker, I support this crucial trade deal because it will 
bring tremendous benefits to my home State of Wyoming and all across 
the Nation, and I urge its approval today.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
Texas (Mr. Doggett).
  Mr. DOGGETT. Madam Speaker, this agreement is good for moving more 
commerce across our three countries. It means more jobs, and it means 
lower prices for consumers. That is especially important in Texas where 
the original

[[Page H12249]]

NAFTA was signed only a few blocks from my San Antonio office: Mexico, 
our top trading partner; Canada, our second.
  Some were so eager for this commerce that would be produced by 
continuing NAFTA that they were willing to accept most any agreement. 
But, we insisted that we get a much-improved agreement to address the 
legitimate concerns of those who raised objection to previous 
agreements.
  What we have today is an initial step, an important step, toward 
achieving a truly 21st century trade agreement that not only encourages 
trade but protects the environment and recognizes the legitimate 
concerns of workers. This victory results from major changes in what 
President Trump proposed 14 months ago.
  First, we secured additional funding for the North American 
Development Bank, the NAD Bank, based in San Antonio, which is 
important in addressing especially environmental concerns.
  Second, and very significantly, we deleted the horrible Big Pharma 
power grab to extend its monopoly power for prescription price gouging.

  Third, each country was forced to take all necessary measures to 
comply with multilateral environmental agreements which take precedence 
over trade. This includes an additional recent agreement to 
dramatically reduce heat-trapping chemicals. In 2021, when we have a 
new president who actually believes in science, the agreement will 
facilitate, not impede, our response to the climate crisis.
  And, finally, instead of platitudes, we have an enforceable agreement 
to address worker concerns. Let's celebrate a major step forward in 
building broad public support for trade.
  Mr. BRADY. Madam Speaker, I am pleased to yield 2 minutes to the 
gentleman from Arizona (Mr. Schweikert), an outstanding technology 
leader on the Ways and Means Committee.
  Mr. SCHWEIKERT. Madam Speaker, I know we all had the points we want 
to walk through, but can I actually take a step sideways and do more a 
unified theory reason why I think getting this done is so incredibly 
important.
  We talk about our issues with trade with China. We are living in a 
time right now where supply chains are choosing where to move around 
the world. The fact of the matter is that we are going to move North 
America into a stable, much more robust trading bloc where we know what 
the rules are. It gives us a chance to try to draw much more of the 
world's supply chains--manufacturing, trade, and commerce--as we get to 
be one of the key hubs in the world. The rancor, the fragility, the 
disagreements--hopefully that is behind us now.
  Being from the State of Arizona, we also accomplished a number of 
things in this trade agreement that are really important. The de 
minimis rules, where small businesses, internet-based businesses, now 
have a fighting chance to engage in commerce back and forth across the 
border, and some of the other rules of protections of IP and data, we 
truly have modernized much of this agreement.
  Will this help the United States? I sure hope so because you see a 
number of predictions that this draws almost a half a percent of GDP in 
growth. That is wonderful. I wish we could have done this a year ago, 
but we are finally getting it done.
  We are living almost in a miracle of economic growth and economic 
stability. This just adds one more leg so we can keep this going. We 
got the tax policy right. We also have the international part of the 
tax policy right. Now, hopefully, we are getting part of the trade 
right. Can we continue to live this economic expansion miracle longer? 
I will make the argument that getting this USMCA done is incredibly 
important to this success.
  Mr. NEAL. Madam Speaker, we consider it a bit of a miracle that the 
gentleman did not show up with his charts.
  Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
California (Mr. Thompson), whose invaluable work on the committee and a 
steady hand all of the time is very much appreciated.
  Mr. THOMPSON of California. Madam Speaker, I rise in strong support 
of the USMCA implementing legislation.
  As a member of the working group, I can tell you how far we have 
come. The original agreement that was sent to Congress was a total 
failure at protecting workers' rights, providing access to affordable 
medicine, and protecting our environment. Further, it wasn't 
enforceable.
  The bill we have before us today is the result of tireless work from 
Speaker Pelosi, Chairman Neal, and the working group members who 
represented the diverse views of Congress.
  With gains achieved through our negotiations, this trade deal will 
set the standard for all future trade agreements. It is enforceable; it 
protects workers; it helps address serious environmental issues; and it 
protects access to affordable medicine.
  Finally, I thank the staff, which worked tirelessly to get us to this 
day. There were a lot of late nights and a lot of weekends sacrificed 
to reach this deal. Specifically, I thank the Katherines, Katherine Tai 
and Katherine Monge; the Trade Subcommittee staff, Alexandra Whittaker, 
John Catalfamo, Julia Friedman, Kate Connor Linton, Katie White, and 
Keigan Mull; and from my staff, my trade person, Jennifer Goedke.
  I commend the Speaker, the chairman, and all the Members who worked 
so hard to get us here. All of those good things that both sides have 
been talking about today were not in the first draft that we got from 
the White House. This is a good bill because we made it a good bill. I 
ask everybody to support this bill.
  Mr. BRADY. Madam Speaker, I am pleased to yield 2 minutes to the 
gentleman from Louisiana (Mr. Scalise), the outstanding Republican 
whip.
  Mr. SCALISE. Madam Speaker, I thank Chairman Brady for yielding. I 
thank all the people who we have worked with to get to this point 
because passing the United States-Mexico-Canada trade agreement is 
going to be a major victory for American workers, yet another sign that 
we can improve on our current trade relationships.
  I think a lot of people were concerned that maybe the President would 
pull out of NAFTA because he was clearly critical of the flaws of the 
previous agreement. But what he did was actually go and negotiate with 
Mexico and get a better deal for American workers. Then he went to 
Canada, which might have been a little more reluctant, but he got a 
better deal with Canada, as well.
  What you see is not only a trade agreement that is a major win for 
the American economy--conservative estimates show over 160,000 new jobs 
get created. Agriculture gets a big win because many of our products 
that we can't sell to Canada now will be able to be sent to those 
markets.
  This shows how Congress can work with this administration to do 
something that is really good for American workers.

                              {time}  1115

  But what it also does, Madam Speaker, is it sends a message to the 
rest of the world that we can work with our friends to get better trade 
deals, our other friends around the world like Japan, like the United 
Kingdom, who would like to work to get better trade deals. But if you 
can't get a deal from your neighbors from the north and south, you 
surely are not going to be able to get a deal with anyone else.
  Now, this tells them that we can close deals and that there are other 
countries lining up that want to be a part of this economy. We have the 
hottest economy in the world, and it is only going to get better for 
workers here.
  But it then sends a message to China that not just America wants to 
send, but a message that all of our allies around the world want to 
send, that when you do business with America, you have to follow the 
rules. You can't play by your own set of rules. And now, for 
enforcement of deals, it really shows that China is going to have to 
become part of the world economy and play by the rules that everyone 
else in the world plays by.
  That is an important win for all of those forgotten men and women 
across this country who appreciate the work President Trump has done, 
Bob Lighthizer, who has been his quarterback on this all the way 
through, and everyone else. So it is going to be a big win for our 
country and for our economy.

[[Page H12250]]

  

  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
Connecticut (Mr. Larson), a member of the working task force that 
assembled the document in front of us today, again, whose keen mind and 
good sense is always very helpful to these debates.
  Mr. LARSON of Connecticut. Madam Speaker, I thank the chairman for 
yielding, and I want to commend Ranking Member Brady and our colleagues 
on the other side as well. It is always a pleasure to know what this 
body can do when we work together.
  I also want to associate myself with the remarks of the chairman for 
his incredible leadership. In his opening remarks, he underscored the 
key word that is central to this agreement that is far different from 
the previous NAFTA agreement. It is ``enforcement.'' It was his 
tenacity and the tenacity of the working group and the subcommittee 
that made this happen.
  I commend Speaker Pelosi for her work and, clearly, for all the 
working members of the task force for the effort they put forward.   
Mike Thompson has already credited the staff for their outstanding 
work, and I specifically want to thank Rosa DeLauro, who also was there 
for the first NAFTA vote as well and is a strong and a tenacious 
defender of labor.
  The work of Rosa DeLauro, the work of President Trumka, the work of 
Ambassador Lighthizer, these were salient reasons that underscored Mr. 
Neal's premise that enforcement at all levels, but specifically as it 
related to labor and environment, needed to be put in place.
  Mr. BRADY. Madam Speaker, I am proud to yield 2 minutes to the 
gentleman from Nebraska (Mr. Smith), the elite Republican leader of the 
Select Revenue Measures Subcommittee.
  Mr. SMITH of Nebraska. Madam Speaker, I almost heard my colleague Mr. 
Larson appreciate, I thought I heard him say President Trump, but then 
he did say ``Trumka,'' so I guess maybe not so much similarity there. 
But the fact of the matter is I appreciate the few nudges that we have 
seen over the last few weeks that have brought us to this point.
  And I certainly appreciate the work of Ambassador Lighthizer and many 
on President Trump's team who have worked so hard to get us to this 
point.
  Representing an agriculture powerhouse district, the Third District 
of Nebraska, where our farmers and ranchers work very diligently and 
very efficiently to help feed America and the world, we need good 
markets for them. Trade relationships in North America are so 
important, and we have this opportunity to modernize NAFTA, heading us 
in the direction of even more markets and really reflecting the needs 
of our economy and the economy across North America.
  We have got this opportunity to bring people together, especially in 
light of events this week. I certainly appreciate this opportunity and 
our leaders on the Ways and Means Committee, both Mr. Brady and the 
chairman as well.
  This is a great time to work together. I look forward to its passage 
and urge everyone to vote ``yes.''
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
Wisconsin (Mr. Kind). His advocacy on behalf of agriculture is well-
known to all in this body.
  Mr. KIND. Madam Speaker, I rise in proud support of this trade 
agreement. It is important that we have a strong trading relationship 
with our two border neighbors, Mexico and Canada, our two biggest 
export markets.
  I just caution my colleagues who choose to vote ``no'' on this that a 
``no'' vote is a return to the failed policy of the old NAFTA, the 
status quo, rather than this more modernized version.
  I am happy that dairy farmers in America are going to have greater 
access to the Canadian market.
  We made progress on poultry and eggs.
  We also tightened up the sanitary and phytosanitary standards so that 
those decisions have to be made on sound science rather than arbitrary 
decisions to block our agricultural exports.
  We have, perhaps, the strongest worker protection chapter ever in the 
trade agreement, enhanced environmental standards, all to level the 
playing field for our workers, our farmers, our businesses so they can 
fairly compete rather than trying to compete in a race to the bottom.
  Perhaps most importantly, we have the strongest enforcement chapter 
ever, and we look forward to working with Mexico and Canada to 
implement it the right way to make sure we are all playing by the same 
rules.
  So this is solid, and I want to commend the chair, the ranking 
member, the working group, but also the staff for the countless hours 
that they put in to get us to this place, but especially Ambassador Bob 
Lighthizer for his perseverance and patience throughout these months.

  These were difficult negotiations. This is what bipartisanship looks 
like on the House floor, where we are able to get this across the 
floor.
  I encourage my colleagues to support this agreement, support the 
Northern Hemisphere economy. Show the rest of the world that we are 
back in business.
  Mr. BRADY. Madam Speaker, I am proud to yield 2 minutes to the 
gentleman from Pennsylvania (Mr. Kelly), a Main Street businessman and 
the Republican leader of the Oversight Subcommittee.
  Mr. KELLY of Pennsylvania. Madam Speaker, I thank the gentleman for 
yielding.
  Madam Speaker, it is great to stand here today, and what a difference 
a day makes. It is really good to see Members on both sides of the 
aisle stand up and say: You know, we are really getting things done for 
America.
  I would like to say that this is a Christmas gift that is wrapped up 
in paper that is red, white, and blue. It is a jobs bill: 176,000 jobs, 
$68 billion in new revenue. And this was arrived at because, in 2016, a 
candidate for the Presidency made the same commitment that everybody 
who ever runs for the Presidency says: If I get elected, I am going to 
make sure that we replace NAFTA with something that makes sense for 
American workers.
  Promise made, promise kept. The 45th President of the United States 
has been on a tear improving this economy.
  Now, having said all that--and I do have friends on both sides of the 
aisle. I just think that sometimes when we are on the floor here, it is 
impossible to show that.
  There is a saying at Christmastime that says: Peace on Earth, and 
good will to men.
  That is not the saying. It is: Peace on Earth to men of goodwill. 
That is a saying we need to take here.
  One story I will share with you: As a child, I used to write a letter 
to Santa Claus every Christmas, and I would tell him everything I 
wanted. I would come down Christmas morning, and I never got everything 
I wanted, but I was sure as heck thankful for everything I got.
  This is a tremendous jobs bill for America. This is a tremendous 
accomplishment. I can't imagine anybody not voting for this.
  But I do want to take this opportunity to wish all of us a very Merry 
Christmas, and all of the people back home.
  For the staffs on both sides, I thank them for everything they did.
  This is the way that America is supposed to work and should continue 
to work as we end 2019 and go into 2020. It is a wonderful opportunity 
to show America that, on the people's floor in the House of 
Representatives, we can actually get things done.
  Mr. NEAL. Madam Speaker, it is always an honor to endorse the Speaker 
of the House and to welcome her to the floor, but also to point 
something out.
  On weekends, from Brussels, from Madrid, from Paris, she called me. 
And on the final weekend, time and again, with the U.S. trade rep on 
the line, the three of us went back and forth with Rich Trumka, who was 
in Pennsylvania on vacation, who couldn't have cell access until 5 
o'clock in the evening. The Speaker was totally involved in this 
endeavor.
  But most importantly, she called me in the middle of a Patriots game, 
and I was smart enough to take the call.
  Madam Speaker, I yield 1 minute to the gentlewoman from California 
(Ms. Pelosi).
  Ms. PELOSI. Madam Speaker, that is while I was watching what was 
happening with the San Francisco 49ers and the Baltimore Ravens. 
Sports, sports, the center of our lives. That is the unifying factor.
  We all are for our teams--aren't we?--and, hopefully, we are all Team

[[Page H12251]]

USA. Now we can prove that on this U.S.-Mexico-Canada Agreement.
  While I was calling the distinguished chairman, I was in Brussels for 
the 75th anniversary of the Battle of the Bulge. We had a bipartisan 
delegation there to thank our veterans. All of them were in their 
nineties, many of whom who were there, so we could thank them 
personally and be there to see them acknowledged by heads of state and 
the rest.
  In terms of Spain, it was about we are still in it when it comes to 
the Paris accord. So, work, work, work.
  But this was a priority, and time was important. We were trying to 
get it done as soon as it met the standards that we share.
  I proudly rise to join my colleagues on this exciting day as the 
House passes a historic trade agreement that is truly worthy of the 
American people, a new and dramatically improved U.S.-Canada-Mexico 
trade agreement.
  I salute Chairman Richard Neal, a lifelong champion for working 
people, the maestro in the House on our side of this process, who 
helped deliver a trade agreement that will serve as a model for future 
trade agreements.
  I thank each member of the Trade Working Group who worked so hard to 
improve the product that was sent originally by the administration 
nearly 2 years ago to where we are now.
  I thank Chairman Blumenauer, chairman of the Trade Subcommittee, 
walking in now; Congresswoman Rosa DeLauro; Congressman   John Larson; 
Congresswoman Jan Schakowsky; Congressman   Mike Thompson; 
Congresswoman Terri Sewell; Congresswoman Suzanne Bonamici; and 
Congressman   Jimmy Gomez, each of them working on the different 
categories that are mentioned: enforcement, labor rights, environmental 
protections, and pharmaceuticals.
  I thank every Member for their wisdom, leadership, and commitment to 
delivering for the people during this process.
  I was just asked in a press conference: Aren't you giving President 
Trump--Mr. Brady always asks this question--aren't you giving the 
President a victory to boast about?
  I said: That would be collateral benefit if we could come together to 
support America's working families. And if the President wants to take 
credit, so be it. That would not stand in the way of our passing this. 
However, I do want to point out some of the distance we have come from 
the President's original product.

  The House Democratic Caucus is united in our values and our priority 
to making progress for America's working families in everything we do, 
including this trade agreement.
  We all thank Trade Representative Lighthizer, Mr. Ambassador, for 
being an honest broker and straight shooter with us as we worked toward 
an agreement. Not every day was without its, shall we say, exuberances, 
but this day is possible because of the hard work of many Members 
representing every corner of our country.
  We thank Richard Trumka, president of the AFL-CIO, a true warrior for 
workers, who helped secure an agreement that is light-years better than 
what the administration proposed 2 years ago.
  Democrats knew that hardworking Americans needed more from the USMCA 
than just some broken NAFTA with better language but no real 
enforcement. That was my concern: We just can't come up with a bill 
that is a little sugar on the top and say this is better, because the 
impact on workers would be felt for a long time to come. And we knew we 
could do better.
  The original USMCA draft put forth by the administration fell far 
short of where it is now. It still left many American workers exposed 
to losing their jobs to Mexico; included unacceptable provisions, 
locking in high drug prices; came up short on key environmental 
standards; critically lacked the tough, effective enforcements that are 
essential to protect American jobs and holding our trading partners 
accountable to their promises.
  After months of Democrats working with the Trade Representative, we 
have key changes to the USMCA that make this a truly transformative 
agreement for America's workers.
  Now, with Democratic changes, the USMCA has the strongest enforcement 
mechanism of any U.S. trade agreement. Again, in contrast to the 
original USMCA draft which would have allowed nations that do not live 
up to their obligations to stop enforcement complaints from even being 
heard, Democrats' changes prevented nations from panel blocking.
  For workers, while the administration drafts stack the deck against 
labor violation claims, our changes enact new rules and monitoring 
tools to protect American workers, prosecute labor violations, and 
ensure that Mexico is complying with labor reforms.
  Other points that are for the workers include establishing labor 
attaches based in Mexico who will provide on-the-ground information 
about Mexico's labor practices and creating a facility-specific rapid 
response law enforcement mechanism to stop trade in goods that violate 
this agreement.
  These are not technical changes. These make a big difference.

                              {time}  1130

  For the environment, whereas the administration's draft had weak 
environmental rules and tilted the playing field against violation 
claims, democrats have strengthened the rules and enforcement tools and 
are lowering pollution and increasing resilient infrastructure.
  Sadly, while the administration refuses to acknowledge the existence, 
let alone the urgency, of the climate crisis, our changes in the USMCA 
set a firm footing for progress when we have a President who brings us 
back to the Paris accord.
  And, by the way, when we were in Spain on this subject, our large 
bicameral delegation's theme was ``we are still in'' when it came to 
the Paris accord.
  For lowering prescription drug costs, the White House draft contained 
unacceptable giveaways for Big Pharma that would have locked in high 
prescription drug prices.
  Democrats have eliminated these unfair handouts to big corporations 
and secured provisions to lower drug costs and improve access to life-
saving medicines.
  The changes House Democrats have secured in the USMCA make this a 
truly transformational trade agreement. As the AFL-CIO wrote in their 
letter of support last week, we have secured an agreement that working 
people can proudly support.
  Working people are responsible for a deal that is a vast improvement 
over the original NAFTA and the flawed proposal brought forward in 
2017. For the first time, there truly will be enforceable labor 
standards.
  The USMCA also eliminates special carve-outs for corporations like 
the big giveaway to Big Pharma in the administration's initial proposal 
and loopholes designed to make it harder to prosecute labor violations.
  The USMCA is far from perfect, but there is no denying that the trade 
rules in America are fairer because of the hard work of so many people, 
and our perseverance. Working people have created a new standard for 
future trade negotiations.
  Indeed, the strength of Democrats' USMCA is recognized by 
endorsements from groups representing tens of millions of Americans 
across industries and geographies: labor groups and trade 
organizations; farmers, growers, and ranchers; groups representing 
businesses around the country; social justice, and faith-based 
organizations, such as NETWORK.
  The list goes on and on, and it will be part of the statement that I 
include in the Record.
  This is a strong agreement that honors our promises For the People to 
give us bigger paychecks and makes a difference for millions.
  With all the respect in the world for our neighbors, our respect for 
the greatness of Mexico as our neighbor, and the friendship that we 
have and want to engender, and our neighbor to the north, Canada, with 
respect to them, our responsibility is to have a trade agreement that 
lifts all workers in our hemisphere. Our first responsibility is to 
American workers.
  I urge a bipartisan vote for the USMCA and urge Senator McConnell to 
take the bill up quickly. We can send it right over, and he can take it 
up anytime.
  If the Senate Republicans care about workers, they will no doubt join 
us to

[[Page H12252]]

send this bill to the President's desk in the House and in the Senate.
  Madam Speaker, I commend our chairman, Richard Neal, for his 
outstanding work. I know that you have a good rapport with Ranking 
Member Brady. I thank all the Members who are responsible for bringing 
this to the floor.


                                                      AFL-CIO,

                                                December 10, 2019.

   AFL-CIO Endorses USMCA After Successfully Negotiating Improvements


 Labor Federation President Richard Trumka on the United States-Mexico-
   Canada Agreement (USMCA), provided final text accurately reflects 
                                changes:

       Make no mistake, we demanded a trade deal that benefits 
     workers and fought every single day to negotiate that deal; 
     and now we have secured an agreement that working people can 
     proudly support.
       I am grateful to House Speaker Nancy Pelosi and her allies 
     on the USMCA working group, along with Senate champions like 
     Sherrod Brown and Ron Wyden, for standing strong with us 
     throughout this process as we demanded a truly enforceable 
     agreement. I also commend Ambassador Robert Lighthizer for 
     being a straight shooter and an honest broker as we worked 
     toward a resolution.
       Working people are responsible for a deal that is a vast 
     improvement over both the original NAFTA and the flawed 
     proposal brought forward in 2017. For the first time, there 
     truly will be enforceable labor standards-including a process 
     that allows for the inspections of factories and facilities 
     that are not living up to their obligations.
       The USMCA also eliminates special carve outs for 
     corporations like the giveaway to Big Pharma in the 
     administration's initial proposal and loopholes designed to 
     make it harder to prosecute labor violations.
       The USMCA is far from perfect. It alone is not a solution 
     for outsourcing, inequality or climate change. Successfully 
     tackling these issues requires a full-court press of economic 
     policies that empower workers, including the repeal of tax 
     cuts which reward companies for shipping our jobs overseas.
       But there is no denying that the trade rules in America 
     will now be fairer because of our hard work and perseverance. 
     Working people have created a new standard for future trade 
     negotiations.
       President Trump may have opened this deal. But working 
     people closed it. And for that, we should be very proud.

  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from 
Ohio (Mr. Wenstrup), who is a key member of the Ways and Means 
Committee and who hails from a huge trade State.
  Mr. WENSTRUP. Madam Speaker, for over a year the administration and 
Republicans in Congress have emphasized the urgency of passing the new 
United States-Mexico-Canada Agreement, the USMCA.
  With this bipartisan vote, and with the hard work from both sides of 
the aisle, we finally have the opportunity to rebalance North American 
trade. In spite of delays, this opportunity that exists for all 
Americans is finally here today.
  It has been 25 years since our North American Trade Agreement was 
established, and it has not been updated to reflect the modern economy.
  Under this new trade agreement, our farmers, manufacturers, and 
workers will finally have a deal that modernizes North American trade, 
boosts our economy, and strengthens our Nation's role in the global 
trading market.
  American farmers will now have increased access to the Canadian 
market to sell products like dairy, poultry, eggs, and wheat, a vast 
improvement over the status quo.
  It improves intellectual property provisions that will protect 
innovation, safeguard American trade secrets in Canada and Mexico, 
though certain protections could be stronger.
  USMCA also modernizes trade with Canada and Mexico by establishing a 
new gold-standard digital trade chapter to continue the growth of our 
digital economy. It includes a new chapter dedicated to helping small- 
and medium-sized businesses, which make up 98 percent of our Nation's 
exporters.
  Our economy relies on trade with our North American neighbors, and 
these additions will support American companies, farmers, and workers. 
In fact, USMCA is predicted to create over $68 billion in new economic 
activity and 176,000 new jobs here in America.
  USMCA is a win for the United States and a win for North America. At 
long last, Americans will have an updated trade agreement that works 
for them. The stage is set for further agreements that help hardworking 
Americans.
  Madam Speaker, I want to thank the President, Ambassador Lighthizer, 
and all of my colleagues for working so hard on this over the last 
couple of years. I encourage Members to support this.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
New Jersey (Mr. Pascrell).
  Mr. PASCRELL. Madam Speaker, I thank the chairman and Mr. Brady. I 
thank Messrs. Blumenauer and Buchanan for the great job that they did. 
I also thank Mr. Lighthizer. He is a different kind of guy, and I 
really believe that he was essential to getting to this vote today.
  In my entire political life, I have never had anyone say to me, as 
was said today, that if you vote against this, you are voting for the 
status quo.
  I even have a Jerry Garcia tie on today. Me and the status quo don't 
agree most of the time.
  So there are some questions that do remain.
  The ship of human rights has not been righted. The President never 
once mentioned in any speech, during 2016 until now, about human rights 
and about workers' rights in discussing NAFTA. Mexican workers are 
still being treated like chattel, American jobs will still flow through 
other countries, and sham protection unions will still own the day. 
This bill has made many improvements, but it is not enough.
  Some can say: Is there ever enough?
  There are too many questions.
  Will Mexico be held accountable to fully enforce their labor laws?
  We don't know.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from 
Kansas (Mr. Estes), who is an outstanding new member of the Ways and 
Means Committee.
  Mr. ESTES. Madam Speaker, I thank my colleague and friend from Texas 
for yielding, and I am proud to rise today to support the United 
States-Mexico-Canada Agreement.
  Since President Trump announced the USMCA over 1 year ago, I have 
urged my colleagues across the aisle to join us in supporting this 
important trade agreement and getting it across the finish line. Today, 
I am thrilled to speak on the floor and ask my colleagues to support it 
one last time.
  The journey to this day has been longer and harder than it should 
have been. For too long USMCA has taken a backseat to some partisan 
politics causing farmers, ranchers, and workers across the country to 
miss out on economic growth and jobs in the meantime. However, today we 
are taking a giant step forward in finally making that free and fair 
trade deal a reality.
  The U.S.-Mexico-Canada Agreement will create 176,000 new jobs in our 
country and will boost the national GDP by $68 billion. It is important 
for farmers and ranchers in my State. The USMCA opens up new markets 
for American dairy, wheat, chicken, eggs, and turkey for the first 
time. This deal also helps U.S. manufacturing jobs and increases wages.
  NAFTA was created 25 years ago, and the USMCA will now be the first 
trade agreement with a chapter dedicated to digital trade and sets new 
standards for labor and the environment.
  I want to thank President Trump and Ambassador Lighthizer for their 
incredible leadership over the last couple of years to follow through 
on another campaign pledge and negotiate this update to NAFTA. I also 
want to thank Chairman Neal and Ranking Member Brady for their 
leadership to ensure that our Ways and Means Committee and Congress 
were involved in this process all along the way.
  This is an important victory for President Trump and for millions of 
farmers, ranchers, and workers across our country who will benefit from 
the USMCA. As a strong advocate for free and fair trade, I proudly 
support the USMCA and look forward to working with the Senate to send 
this to the President's desk as soon as possible.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
Illinois (Mr. Danny K. Davis), who is a well-known champion of all 
things Chicago and a great advocate of working men and women.
  Mr. DANNY K. DAVIS of Illinois. Madam Speaker, I have always been 
told, if there is righteousness in the heart, then there is beauty in 
the character. I think what we have seen this week and what we are 
seeing today is the righteousness of the Members of this House who take 
the position that

[[Page H12253]]

neither side will get everything that it wants.
  I certainly won't get everything that I want for the State of 
Illinois, but I have got dairy farmers--not as many as Ron Kind may 
have in Wisconsin--I have got corn growers in Illinois and soybean 
growers--maybe not as many as there are in Iowa. But the 
comprehensiveness of the communities that we represent demand that we 
come together.
  So I want to commend Chairman Neal, our ranking member, the working 
group, and the Speaker of the House because it took all of them to make 
this work.
  So, Madam Speaker, I am going to vote for it. I admit that I feel a 
great deal like Bill Pascrell, but I am going to vote for it because we 
need to come together and do what we can for the American people.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentlewoman from 
Indiana (Mrs. Walorski), who is a happy Hoosier and a champion for low 
tariffs and free trade.
  Mrs. WALORSKI. Madam Speaker, I am indeed happy, and I am thrilled 
today to actually be here and cast my vote for the U.S.-Mexico-Canada 
Agreement, or the USMCA. I can't tell you enough of what it will do for 
our districts in northern Indiana.
  The hardworking Hoosiers in Indiana's Second District are builders 
and growers. We manufacture most of the RVs you see on the road and a 
large portion of boats and trailers that you see on many lakes. We 
manufacture auto parts and musical instruments. Our farmers put food on 
the table, including corn, soybeans, pork, duck, eggs, and dairy 
products. Mexico and Canada are key export markets for all of them and 
the workers they employ.
  It has been 25 years since NAFTA has been in force. Technology, 
transportation, and consumer habits have all evolved; NAFTA, however, 
stayed the same. Politicians promised the sky when it came to trade 
agreements, but President Trump promised to modernize NAFTA, and, 
unlike anyone else, he kept that promise with USMCA.
  USMCA dismantles trade barriers that stood in the way of American 
exports for so long. For farmers in my district, this means more dairy, 
more poultry, and more eggs are heading to Canada. For manufacturers, 
this means fewer paperwork headaches that slow down shipments and 
prevent them altogether. For businesses of all sizes, types, and 
shapes, this means e-commerce standards that promote fair competition 
and that will be used as a standard in future agreements. For workers, 
this means more jobs staying in the United States.
  Robust enforcement ensures that the potential of the USMCA does not 
evaporate overnight. The promises made by all sides will be promises 
kept by all sides.
  Madam Speaker, this day is long overdue, but I am so happy it is 
finally here. Our economy is booming thanks to tax cuts and regulatory 
reforms, and now USMCA will keep that momentum going. It will put more 
money in workers' pockets, and it will help small businesses thrive.
  It is a big win for President Trump and Ambassador Lighthizer, and it 
is a big win for America.
  Madam Speaker, I urge my colleagues to support this agreement.

                              {time}  1145

  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentleman from 
Buffalo, New York (Mr. Higgins).
  Mr. HIGGINS of New York. Madam Speaker, I thank the gentleman for 
yielding.
  Madam Speaker, the economic future of Buffalo and western New York is 
tied strategically to southern Ontario, which is one-third of the 
entire population of the country of Canada.
  I am pleased that this agreement strengthens the U.S.-Canadian 
economic and life quality relations. I am concerned, however, that the 
U.S.-Mexican economic relationship is more challenging.
  The United States has lost 6 million manufacturing jobs in the past 
20 years, and 53,000 manufacturing businesses have closed. NAFTA's 
promise of wage convergence, bringing Mexican wages to Canadian and 
U.S. standards, has failed. The Mexican wage is $5.10 a day, less than 
$0.64 an hour.
  We have good reason to be skeptical of Mexico's commitment to do 
better. The USMCA, however, because of Chairman Richard Neal's 
leadership and emphasis on rigorous enforcement, does have the 
potential for improved Mexican compliance on wages, the environment, 
and labor standards.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Marchant), a leader on free trade from the Dallas-Fort Worth 
area.
  Mr. MARCHANT. Madam Speaker, the United States-Mexico-Canada 
Agreement is a revolutionary trade deal that will usher in a new era of 
economic prosperity and growth for Americans across the country.
  Texas, in particular, stands ready to thrive under this agreement. 
Our State exports more to Mexico than any other and is second in 
exports to Canada. Each year, over $135 billion worth of Texan goods 
are sent to our two closest trading partners, supporting over 114,000 
jobs in Texas.
  The reforms in the USMCA will ensure that we continue to have free 
and fair access to international marketplaces, keeping prices low for 
Americans and business booming for business and workers.
  Madam Speaker, I thank the chairman and the ranking member, my good 
friend, for shepherding this through. Members on the other side of the 
aisle, I have been in legislatures for a long time, and I always 
believed that, on this bill, you were trying to get to ``yes'' on it. I 
appreciate the hours that you met, and Texas will appreciate every vote 
that is cast for this bill.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Alabama (Ms. Sewell), who, again, was an invaluable member of the 
Trade Working Group. Her advocacy for people in her constituency is 
well known to all.
  Ms. SEWELL of Alabama. Madam Speaker, I rise today in strong support 
of this trade deal. I was honored that Speaker Pelosi asked me to join 
the Democratic Trade Working Group.
  We, the Gang of 8, along with you, Mr. Chairman, worked tirelessly 
for 6 months, negotiating with Bob Lighthizer, the U.S. Ambassador on 
trade. We took what was a very weak and unenforceable trade deal and 
made it into a renegotiated trade agreement that will protect American 
workers and businesses.
  This bill we vote on today is a renegotiated USMCA. I am particularly 
proud that the working group won two major concessions on enforcement. 
First, we closed the panel-blocking loophole and created a strong 
state-to-state mechanism for enforcement. Second, we created a first-
of-its-kind rapid response mechanism to improve labor enforcement in 
Mexico.
  This deal is a win for the Steelworkers and Teamsters in my Alabama 
district. It is a win for the automobile manufacturers and steel 
industry in the State of Alabama. It is a win for Alabama farmers and 
agriculture producers.
  This renegotiated trade agreement is a much-improved North American 
Free Trade Agreement, and it is because of that that I ask my fellow 
colleagues to support it.
  Madam Speaker, I, again, thank Chairman Neal, Speaker of the House 
Nancy Pelosi, my fellow Gang of 8 working group members, as well as Bob 
Lighthizer, and our especially hardworking staff. I thank, especially, 
Katherine Tai and my own staffer, Rob Nuttall, for all of their hard 
work on getting us there.
  I do believe that this is a win for everyone, and I urge my 
colleagues to support this new, renegotiated USMCA.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from New 
York (Mr. Reed), a champion in manufacturing and the Republican leader 
of Subcommittee on Social Security.
  Mr. REED. Madam Speaker, I thank the gentleman from Texas for 
yielding.
  Madam Speaker, I rise today because this is a good day. I don't want 
to discuss yesterday. I don't want to discuss issues that divide us in 
this Chamber.
  I want to discuss, today, the United States-Mexico-Canada Agreement 
because that has brought us together. When we come together, who wins 
in that situation? Not us as Members of the House of Representatives, 
not us here in Washington, D.C., but the American people.
  I was reminded recently, this morning, that, about 2 years ago, we 
delivered on tax cuts, and I stood exactly

[[Page H12254]]

right here, and I knew that was going to unleash the American economy. 
We have an economy now at an all-time high, with 50-year lows for 
unemployment and 1.4 million new jobs in America.
  Today, we have come together for the American worker, the American 
farmer. We have united as Democrats and Republicans to do something 
good for our fellow citizens, and that is this updated United States-
Mexico-Canada Agreement.
  As I stood here 2 years ago and had a discussion with my good friend 
from New York, Mr. Crowley, who is no longer here, I declared in one 
voice saying, hell, yes, I am going to vote for those tax cuts, and, 
hell, yes, I am going to vote for this Mexico-Canada trade agreement, 
because what we are doing here is, again, unleashing the power of 
America. Standing together, it is amazing what we can accomplish.

  Madam Speaker, I applaud Chairman Neal. I applaud the Democratic 
Trade Working Group. I applaud the other side of the aisle for standing 
with us today for the American workers and American farmers.
  I also applaud President Trump for having the vision and the 
leadership to take on this issue when everyone told him it cannot be 
done.
  Madam Speaker, I also applaud Kevin Brady, Vern Buchanan, and Devin 
Nunes, and members of the Committee on Ways and Means who stood forward 
and said: You know what we are going to do? We are going to make sure 
we stand for a principle we believe in. That is the American 
opportunity of a job in an economy that is growing and playing on a 
field across the world where we have a fair and level playing field of 
trade. Because, when we have fair, free trade, the American worker wins 
each and every day.
  Madam Speaker, I ask my colleagues to support this legislation.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Washington (Ms. DelBene), whose well-acknowledged efforts on 
behalf of the best and most important trade State in the country, 
Washington, as well as being a knowledgeable forecaster of 
international economics for all benefit all of us on the committee.
  Ms. DelBENE. Madam Speaker, I thank the gentleman for yielding. I 
rise in support of the United States-Mexico-Canada Agreement and the 
implementing legislation.
  Congressional Democrats worked hard to secure labor-specific 
enforcement tools and robust environmental provisions that make this 
agreement a substantial improvement over the original NAFTA.
  Most importantly, this new agreement helps many of my constituents. 
Now, our dairy farmers will have greater market access to Canada, and 
our wineries will have an easier time selling their wine in British 
Columbia.
  When this new agreement is in place, it will be the first U.S. trade 
agreement with a digital trade chapter. It includes provisions on data 
localization, cross-border data flows, and other requirements that 
preserve a free and open internet. That is important to all segments of 
our economy.
  My district is home to a vibrant technology industry that is 
responsible for thousands of good-paying jobs and helps power America's 
large trade surplus in digital services.
  Madam Speaker, I hope my colleagues will join me in supporting this 
agreement.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Nunes), Republican leader of the Health Subcommittee 
and the outstanding leader of the Permanent Select Committee on 
Intelligence.
  Mr. NUNES. Madam Speaker, I thank the gentleman for those kind words, 
and I am pleased that we have overcome numerous delays and are finally 
passing a North American trade deal for the 21st century.
  USMCA will create jobs, boost the economy, and strengthen our 
relationship with our neighbors in Canada and Mexico. I want to express 
my gratitude to Ambassador Robert Lighthizer and his team, and Gregg 
Doud and his staff, for the hard work they have done on this agreement.
  I also commend the President for delivering, yet again, for American 
farmers and workers under USMCA. Under this agreement, ag products that 
had zero tariffs under NAFTA will continue to be tariff-free. Our 
farmers and ranchers will gain additional access to the remaining 
protected sectors. Enforcement will be enhanced to ensure the agreement 
is implemented correctly.
  Updated dispute mechanisms will ensure the United States has prompt 
access to a dispute settlement panel, when needed, to allow U.S. 
businesses to compete on a level playing field.
  This is a great bipartisan agreement that will bring huge benefits to 
millions of Americans, and I urge my colleagues to support USMCA.
  Finally, I thank Chairman Neal and Ranking Member Brady for all of 
their great work on this. I know it was not easy, but you guys did a 
really great work. I think the American people owe you a debt of 
gratitude.
  Mr. NEAL. Madam Speaker, I yield to the gentlewoman from California 
(Ms. Judy Chu), another invaluable member of the Committee on Ways and 
Means whose knowledge about southern California is very important to 
all of us.
  Ms. JUDY CHU of California. Madam Speaker, I rise today in support of 
the improved USMCA. With the changes demanded by Democrats from the 
original proposal, this agreement marks a historic step that will stop 
the bleeding of American jobs to other countries.
  Free trade agreements have often meant lost jobs or lower wages for 
American workers, and the Trump administration's initial USMCA was no 
different. But Democrats fought back to win new labor protections that 
make this deal actually work for Americans.

  I have seen firsthand why these protections are so important. Earlier 
this year, I traveled on the Committee on Ways and Means' trip to 
Mexico to investigate the labor challenges we are facing.
  At a Goodyear plant, I spoke directly to workers whose starting pay 
was only $2 an hour and even less after deductions. Then, when these 
workers went on strike to demand better wages, nearly 50 labor leaders 
were harassed, threatened with violence, and fired. This means that a 
company that pays American workers $23 an hour and made $15.5 billion 
in sales last year would rather fire Mexican workers than pay them a 
fair wage.
  It is one of the many examples that explains why companies outsource 
jobs and exploit labor in other countries. And it is why Democrats 
fought so hard for a USMCA deal with strong labor protections to ensure 
a level playing field.
  This trade deal isn't perfect, but it is an important step in the 
right direction and protects American jobs.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Arrington), the food, fuel, and fiber capital of the world.
  Mr. ARRINGTON. Madam Speaker, I couldn't have said that better 
myself. I thank the ranking member, my dear friend from the great State 
of Texas, for his leadership on this very important trade deal, our 
largest and most important relationship of all of our trading 
relationships.
  I thank our chairman, Chairman Neal, for keeping this thing on track 
and keeping people in the game so we could have a bipartisan consensus. 
That is the only way this could work, so the chairman is to be 
commended for his efforts.
  But let's give credit where credit is due, for the one who led the 
charge, who did the heavy lifting, our President, Donald J. Trump. I am 
saying this because in 2016, he was already calling out some of these 
trade deals as a rip-off of American workers and manufacturers.
  While NAFTA was a great deal for farmers and ranchers, we saw a 400 
percent increase in trade for ag products since the inception of NAFTA. 
It hasn't been good all the way around. It hasn't been fair all the way 
around. It hasn't been productive, in terms of keeping jobs here in the 
United States.

                              {time}  1200

  So kudos to our President for his dogged commitment to American-first 
trade policies. That doesn't mean America only. It means that we 
negotiate from strength, and we negotiate what is in the best interest 
of American workers, manufacturers, and farmers.

[[Page H12255]]

  That is what this does: $70 billion in economic growth, 170,000 jobs, 
and billions in investment that will go into the auto manufacturing 
sector.
  Our producers, dairy producers and other farmers, are going to have 
open access to new customers in Canada, so this is a huge win for 
America.
  I want to join all my colleagues, Republican and Democrat, and 
champion this all the way through. So I urge my colleagues on both 
sides of the aisle, vote ``yes'' for USMCA, and vote for an even 
greater America and an even greater prospect for American prosperity.
  God bless America.
  Go west Texas.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
Pennsylvania (Mr. Evans), whose district I recently visited, a real 
champion of the airport, a real champion of the seaport, and a real 
champion of international economics.
  Mr. EVANS. Madam Speaker, I would like to first thank the chairman 
and the working group for working together.
  Trade can be a poverty buster. It is a powerful tool in the toolbox 
by increasing the earning power of our communities and creating well-
paying jobs.
  Coming from the city of Philadelphia, which nearly has 25 percent 
poverty, well-paying jobs are the difference between thriving and 
surviving. Let me say that again: thriving and surviving. That is why 
this is important.
  Trade is especially beneficial to minority-owned businesses. 
Minority-owned exporting businesses average three times more workers 
and pay a wage premium of nearly $16,000 more.
  That is why I thank the chairman and the staff in the working group, 
because of their leadership. This really sends a message to the entire 
world that we want free trade, but also fair trade.
  It is especially important to understand that everybody doesn't get 
everything they want. That is called negotiation.
  Again, I stand here today, proudly, to say I am supporting this 100 
percent.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. LaHood), an outstanding member of the Ways and Means 
Committee.
  Mr. LaHOOD. Madam Speaker, I thank the ranking member for yielding 
the time.
  I rise today in support of the USMCA.
  And let's call this what it is: It is a win for America. It is a win 
for our farmers. It is a win for our manufacturers. It is a win for our 
workers.
  For the past 2\1/2\ years, so many people have worked tirelessly to 
ensure that this high-standard and modernized trade agreement got 
completed.
  I would especially thank Chairman Neal and Ranking Member Brady and 
our Ways and Means staff for all the hard work and the commitment and 
dedication to getting this done.
  Also, to Bob Lighthizer. There is not a more capable trade ambassador 
that we have had than Bob Lighthizer. He has been relentless in his 
pursuit of getting this done.
  Lastly, President Trump, it wouldn't have happened without him and 
what he did working with the Canadians and the Mexicans to get this 
trade agreement done.
  This free and fair trade agreement benefits all of us, all sectors of 
our economy. Moreover, it will further support the record-breaking 
economic growth that this country has seen. We, arguably, have the best 
economy we have had in 40 years, and this will help that.
  It is true that this agreement is not perfect. There are a few things 
that I would have liked to have seen done differently on sunset 
provision and ISDS and rules of origin.
  But, at the end of the day, when you look at these 24 chapters and 
what it does to market access for agriculture, to digital trade 
provisions, USMCA puts America on top, and it shows the world that, 
with our two largest trading partners, Mexico and Canada, we can 
negotiate an agreement that is solid.
  Remember, we represent 4\1/2\ percent of the world's population. We 
have to have markets around the world. This agreement sets the standard 
for doing that.
  In Congress, I am proud to represent the 18th District of Illinois. 
It is the eighth largest district in terms of corn and soybean 
production. When I think about what this does for market access, 
breaking down barriers, this helps our farmers.
  In Illinois, ag is the number one industry in our State. I think 
about our manufacturers and what this means for jobs and opportunities 
for them for products in Canada and Mexico.
  The ability to sell our goods, products, and services around the 
world is absolutely vital to economic success in Illinois and across 
the country. Forty percent of the products we grow, produce, or 
manufacture in Illinois go to Canada or Mexico. This helps with that.
  In closing, I would just say this is a good agreement. I look forward 
to supporting it, and I would ask my colleagues to do the same.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
Illinois (Mr. Schneider), a very knowledgeable member of the Ways and 
Means Committee whose district I visited not that long ago.
  Mr. SCHNEIDER. Madam Speaker, I want to associate myself with the 
remarks of my colleague from Illinois.
  This is a win for American workers, for their families, for their 
communities, and for our Nation as a whole.
  I want to thank Chairman Neal and Ranking Member Brady, the working 
group, and, in particular, our staff, who worked so hard, tirelessly, 
to bring this deal forward.
  The USMCA legislation before us today is the result of many months of 
hard-fought negotiations between Congress and the administration, and 
it is a true victory for working people and our country.
  Compared to the initial version of the agreement shared by the White 
House last year, the improved trade agreement before us today includes 
markedly stronger protections for American workers and crucially 
serious enforcement mechanisms that ensure all parties will follow the 
agreement.
  While I believe the agreement includes higher standards to preserve 
our environment, I do regret the administration was unwilling to make 
any commitments to address the very real and pressing issues of climate 
change.
  Nevertheless, the USMCA is a major step forward for American workers 
and businesses fighting to compete in an increasingly interconnected 
world. It also puts to rest the President's threat to pull out of NAFTA 
without the certainty of a replacement.
  A testament to the hard-fought negotiations is the backing of this 
agreement from stakeholders as diverse as the AFL-CIO and the United 
States Chamber of Commerce.
  I support the passage of the USMCA implementing language, and I urge 
my colleagues to do the same.
  Mr. BRADY. Madam Speaker, I yield 2 minutes to the gentleman from 
South Carolina (Mr. Rice), an outstanding member of the Ways and Means 
Committee.
  Mr. RICE of South Carolina. Madam Speaker, this is a great day for 
American workers.
  The nameplate on my desk says, ``Jobs, Jobs, Jobs,'' and that is 
exactly what this new trade agreement will bring.
  You see, for too long, America was willing to accept trade agreements 
that were tilted against American workers because we were so far ahead 
of the rest of the world, but we are not so far ahead anymore.
  Ross Perot was right all those years ago when he said the old NAFTA 
would bring a giant sucking sound of American jobs going to Mexico, and 
that is precisely what happened in my district.
  Unfair trade agreements are one of the primary reasons that the 
American middle class has stagnated for decades--until the election of 
Donald Trump.
  The new USMCA corrects much of this imbalance:
  It will prevent the departure of many more Americans jobs;
  It will bring hundreds of thousands of new jobs to America;
  It will raise the wages of workers throughout North America; and
  It will accelerate the growth of our American economy.
  I am thankful for the talent and effort of Ambassador Lighthizer in 
successfully reaching this incredibly complicated trilateral agreement.

[[Page H12256]]

  I am also thankful that we finally have a President with the backbone 
and determination to do what is necessary to bring our trading partners 
to the table, many of whom have taken advantage of us for far too long, 
and despite the criticism of many here in our own country. Our 
President is doing what is right and fair for America and American 
workers.
  Finally, Madam Speaker, I am thankful that Speaker Pelosi has finally 
found a moment of sufficient political expedience that she would allow 
this vote to lift American workers.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
California (Mr. Panetta), a very invaluable member of the Ways and 
Means Committee, advocate of the ``Salad Bowl of the World,'' and a 
good friend.
  Mr. PANETTA. Madam Speaker, I rise today in support of USMCA.
  That is right. The chairman is absolutely correct. I represent the 
central coast of California, and I fondly call it the ``Salad Bowl of 
the World.''
  With agriculture being our number one industry, trade with Canada and 
Mexico and, thus, the USMCA is very, very important. This deal will 
provide our farmers and ranchers with continued, yet improved, access 
to those important markets.
  It will also strengthen those sanitary and phytosanitary standards 
and make sure that sound science is used when it comes to our food 
safety, and it helps California wine get into those Canadian markets.
  When this administration first presented USMCA to Congress, I have to 
say, it was unacceptable. However, thanks to Speaker Pelosi, Chairman 
Neal, the Trade Working Group and, you bet, Ambassador Lighthizer, we 
were able to come up with one of the strongest, most progressive deals 
in the United States' history.
  The USMCA now has some of the most stringent labor standards, some of 
the most robust funding for enforceability, and some of the strongest 
requirements for the environment ever.
  The USMCA frames a new floor for future trade agreements. It creates 
new confidence in our most important trading partners, and it provides 
protection for the future of our fresh produce on our farms, for the 
dignity of our workers, for the sanctity of our environment, and, yes, 
for the success of our economy and our hemisphere.
  Mr. BRADY. Madam Speaker, I include in the Record a series of 
statements in support of USMCA, including from the U.S. Chamber of 
Commerce, the Information Technology Industry Council, the Business 
Roundtable, the National Association of Manufacturers, the American 
Farm Bureau, who join a host of business, agriculture, technology, 
manufacturing, and small business organizations across America that 
have been instrumental in getting USMCA across the finish line.
                                         U.S. Chamber of Commerce,


                               Congressional & Public Affairs,

                                Washington, DC, December 18, 2019.
       To the Members of the U.S. House of Representatives: The 
     U.S. Chamber of Commerce strongly supports H.R. 5430, the 
     ``United States-Mexico-Canada Agreement (USMCA) 
     Implementation Act,'' which would strengthen trade ties that 
     support millions of American jobs. The Chamber will include 
     votes on this bill in our annual How They Voted scorecard.
       The case for approval of this legislation is strong. First, 
     it would strengthen U.S. trade ties with Canada and Mexico, 
     which are by far our most important export markets. More than 
     12 million American jobs--in sectors from agriculture and 
     manufacturing to services and technology--depend on trade 
     with our two North American neighbors. They are also the top 
     two export destinations for U.S. small and medium-size 
     businesses, more than 120,000 of which sell their goods and 
     services to Canada and Mexico. The new pact would guarantee 
     that virtually all U.S. exports enter these markets tariff-
     free.
       Second, USMCA would modernize North American trade rules. 
     When the North American Free Trade Agreement was negotiated a 
     quarter of a century ago, there was no e-commerce, to give 
     one example; consequently, the agreement did not address this 
     sector. While USMCA falls short in several areas--including 
     in intellectual property, which should not be considered a 
     template for future agreements--its updated rules on digital 
     trade, non-tariff barriers, services, and other areas promise 
     substantial benefits.
       Third, USMCA would restore certainty to these vital trade 
     relationships. Tariffs and the threat of tariffs--applied to 
     steel and aluminum, autos and auto parts, or applied to 
     pursue non-trade objectives--have imposed real costs on the 
     U.S. economy and dampened investment. Enactment of this new 
     trade agreement would turn the page on this chapter and 
     afford the business community the confidence it needs to 
     invest and hire.
       Implementation of USMCA would be a boon to U.S. companies 
     and the workers they employ as they compete in our top two 
     export markets. We urge the House to approve USMCA 
     expeditiously.
           Sincerely,

                                             Suzanne P. Clark,

                                                        President,
     U.S. Chamber of Commerce.
                                  ____

       Dear Speaker Pelosi, Minority Leader McCarthy, Majority 
     Leader McConnell and Minority Leader Schumer: The undersigned 
     Texas based business leaders and organizations urge your 
     swift action and support of the United States-Mexico-Canada 
     Agreement (USMCA). Ratification of USMCA is critically needed 
     to provide certainty for the many business sectors in Texas 
     that rely on trade with Canada and Mexico, while in turn 
     contributing to the U.S. economy.
       Texas exports more than any other state to Mexico and is 
     second only behind Michigan for exports to Canada. More than 
     950,000 Texas jobs are supported by trade with Mexico and 
     Canada. In 2018, Texas exported more than $137 billion worth 
     of products to our North American partners, accounting for 43 
     percent of Texas' total exports to the world. These are 
     staggering numbers that will only grow with the 
     implementation of USMCA.
       According to a recent independent International Trade 
     Commission (ITC) report, USMCA will create more than 176,000 
     additional jobs and raise annual U.S. gross domestic product 
     by $68.2 billion. It will increase U.S. exports to Canada by 
     $19.1 billion and to Mexico by $14.2 billion. It is obvious 
     USMCA will greatly benefit the Texas economy by spurring job 
     growth and opening more trade access.
       The manufacturing community in Texas heavily relies on 
     passage of USMCA. In fact, Mexico and Canada purchase half of 
     Texas' total global manufacturing exports. The Lone Star 
     State's top exports to Mexico and Canada are petroleum and 
     coal products, computer equipment, chemicals, motor vehicle 
     parts, electrical equipment, semiconductors and electric 
     components, fabricated metal products, plastics, engine, 
     turbine and power transmission equipment and food and 
     beverages. These exports totaled more than $120 billion in 
     2018 and are responsible for more than 114,000 Texas jobs. 
     Passage of USMCA will help Texas manufacturers be more 
     competitive and create many more jobs in Texas and the U.S.
       USMCA would also create much needed certainty for Texas 
     farm and ranch families who contribute to the economy and 
     feed and clothe millions worldwide. Over 60,400 Texas jobs 
     are supported by exporting agricultural products to Mexico 
     and Canada. The annual value of Texas' agricultural exports 
     to our North American neighbors totals more than $7.2 
     billion. USMCA would only build on these achievements by 
     breaking down existing trade barriers and opening more market 
     access for products like beef, dairy, corn, wheat and pork.
       USMCA provides Texas with greater access to Canada's dairy, 
     poultry and egg markets. It would enhance standards for 
     biotechnology, reduce trade distorting policies, establish 
     modern sanitary and phytosanitary standards and more. 
     Combined with other agricultural provisions in USMCA, the ITC 
     report estimates U.S. agricultural exports to Canada and the 
     rest of the world would increase by $2.2 billion.
       Through updated automotive rules of origin, USMCA 
     encourages manufacturing and economic growth by requiring 
     that 75 percent of auto content be produced in North America. 
     USMCA also drives higher wages by mandating 40-45 percent of 
     auto content be made by workers earning at least $16 per 
     hour. These improvements will incentivize billions of dollars 
     in additional U.S. vehicle and auto parts production while 
     directly benefiting the Texas automotive industry.
       USMCA also includes new provisions to strengthen and fully 
     enforce environmental and labor obligations. The agreement 
     requires parties to adopt and maintain in law and practice 
     labor rights as recognized by the International Labor 
     Organization. It requires worker representation in collective 
     bargaining in Mexico, new provisions to take measures to 
     prohibit the importation of goods produced by forced labor 
     and to address violence against workers exercising their 
     labor rights. These provisions make strides in leveling the 
     playing field for Texas and U.S. workers and businesses.
       USMCA also provides a strong framework to support North 
     American energy trade. It will bolster North American 
     competitiveness and help lower our reliance on energy imports 
     from outside the region. It also maintains the free flow of 
     energy across borders in North America through the continued 
     zero-tariff treatment of U.S. energy exports to Mexico and 
     Canada.
       In addition, the new agreement will enable U.S. chemical 
     manufacturers to create a North American model for chemical 
     regulation while leveraging the highly-integrated, North 
     American supply chain to reduce costs, boost U.S. exports and 
     inject new growth and job creation throughout Texas and the 
     U.S.
       Further, Texas pharmaceutical and technology innovators 
     will enjoy the strongest

[[Page H12257]]

     protections for trade secrets contained in any U.S. trade 
     agreement. USMCA also contains a new digital trade chapter 
     that will facilitate the cross-border transfer of data and 
     minimize limitations on where data must be stored.
       As you can tell, passage of USMCA is vital to Texas and our 
     country. We respectfully request that you quickly bring USMCA 
     up for a vote in Congress and support its final passage. 
     Hardworking Americans are counting on your leadership on this 
     important issue.
           Sincerely,
       Texas Farm Bureau; Texas Association of Business; Accord 
     Irrigation Technologies LLC; AgTexas Farm Credit Services; 
     Allen/Fairview Chamber of Commerce; Apartment Association of 
     Greater Dallas; Association of Texas Soil and Water 
     Conservation Districts; Baytown Chamber of Commerce; Bryan/
     College Station Chamber of Commerce.
       Cedar Park Chamber of Commerce; Cen-Tex Hispanic Chamber of 
     Commerce; City of Coppell; DanHil Containers; Dallas Regional 
     Chamber; Del Rio Chamber of Commerce; Denton Chamber of 
     Commerce; DFW Minority Supplier Development Council, Inc.; 
     Dumas Chamber of Commerce.
       Earth Moving Contractors Association of Texas; El Paso 
     Chamber of Commerce; El Paso Hispanic Chamber of Commerce; 
     Exotic Wildlife Association; Farm Credit Bank of Texas; Fort 
     Worth Chamber of Commerce; Freese & Nichols, Inc.; Frisco 
     Chamber of Commerce; Global Tooling Specialties, Inc.; 
     Granbury Chamber of Commerce.
       Grand Prairie Chamber of Commerce; Grapevine Chamber of 
     Commerce; Greater Arlington Chamber of Commerce; Greater 
     Austin Chamber of Commerce; Greater Austin Hispanic Chamber 
     of Commerce; Greater Dallas Asian American Chamber of 
     Commerce; Greater Houston Partnership; Greater Irving-Las 
     Colinas Chamber of Commerce; Greater Killeen Chamber of 
     Commerce.
       Greater Port Arthur Chamber of Commerce; Houston Hispanic 
     Chamber of Commerce; Imperative Information Group; 
     Independent Cattlemen's Association of Texas; Ingleside 
     Chamber of Commerce; Intelligent Compensation, LLC; 
     International Bank of Commerce; Lamesa Area Chamber of 
     Commerce; Longview Chamber of Commerce; Lubbock Chamber of 
     Commerce.
       McAllen Chamber of Commerce; McKinney Chamber of Commerce; 
     Nacogdoches County Chamber of Commerce; North American 
     Strategy for Competitiveness; North Dallas Chamber of 
     Commerce; North San Antonio Chamber of Commerce; North Texas 
     Commission; Onshore Resources; Plains Cotton Cooperative 
     Association.
       Plains Cotton Growers, Inc.; Plains Land Bank; Plano 
     Chamber of Commerce; Richardson Chamber of Commerce; Rio 
     Grande Valley Hispanic Chamber of Commerce; Rio Grande Valley 
     Partnership; Rolling Plains Cotton Growers, Inc.; San Antonio 
     Chamber of Commerce; San Antonio Hispanic Chamber of 
     Commerce.
       Select Milk Producers, Inc.; Sherman Chamber of Commerce; 
     South Texas Cotton & Grain Association; South Texans' 
     Property Rights Association; Southern Rolling Plains Cotton 
     Growers Association; Southwest Council of Agribusiness; State 
     Tax Group, LLC; Texas Ag Industries.
       Texas Agricultural Cooperative Council; Texas Agricultural 
     Irrigation Association; Texas Allied Poultry Association; 
     Texas Association of Dairymen; Texas Association of Mexican 
     American Chambers of Commerce; Texas Border Council; Texas 
     Broiler Council; Texas Business Leadership Council.
       Texas Cattle Feeders Association; Texas Corn Producers 
     Association; Texas Cotton Ginners' Association; Texas Egg 
     Council; Texas Forestry Association; Texas Grain and Feed 
     Association; Texas Grain Sorghum Association; Texas 
     Independent Ginners Association; Texas Instruments; Texas 
     International Produce Association.
       Texas Logging Council; Texas Nursery and Landscape 
     Association; Texas Pork Producers Association; Texas Poultry 
     Federation; Texas Poultry Improvement Association; Texas 
     REALTORS' Texas Rice Council; Texas Rice Producers 
     Legislative Group; Texas Seed Trade Association; Texas Sheep 
     and Goat Raisers Association.
       Texas and Southwestern Cattle Raisers Association; Texas 
     Soybean Association; Texas Turkey Federation; Texas Wheat 
     Producers Association; The Borderplex Alliance; Texas Border 
     Coalition; United Parcel Service of America, Inc.; United 
     Corpus Christi Chamber of Commerce; U.S. Chamber of Commerce; 
     United States Rice Producers Association.
       United States-Mexico Chamber of Commerce; United States-
     Mexico Chamber of Commerce Houston Chapter; United States-
     Mexico Chamber of Commerce Southwest Chapter; Visit Fort 
     Worth; Vocational Agriculture Teachers Association of Texas; 
     Western Equipment Dealers Association; Western Peanut Growers 
     Association.
                                  ____

                                                December 18, 2019.
       Dear Member of Congress: On behalf of the CEO members of 
     Business Roundtable, I urge you to vote in favor of H.R. 
     5430, the United States-Mexico-Canada Agreement 
     Implementation Act. Over 12 million American jobs depend on 
     the $1.4 trillion in trade with Canada and Mexico. Passing 
     USMCA will modernize a 25-year old agreement with our 
     neighbors and preserve and strengthen the North American 
     economy.
       USMCA includes many gold-standard provisions, further opens 
     markets and sets standards that will benefit workers, 
     businesses and farmers across broad industry sectors. USMCA, 
     once in effect, will promote the digital economy and trade, 
     remove key barriers to goods and services trade, promote the 
     free flow of data for all sectors, enhance trade facilitation 
     and e-commerce, and support small businesses by cutting red 
     tape.
       No trade agreement is perfect, and we do not support every 
     individual provision in USMCA. Future agreements should 
     include stronger intellectual property protections for life-
     saving innovations and technologies. Nevertheless, we 
     strongly believe that USMCA, in its totality, will support 
     U.S. economic growth, jobs, and innovation.
       Business Roundtable appreciates the bipartisan efforts in 
     Congress to ensure that all USMCA commitments will be fully 
     enforceable, and we will work with Congress and the 
     Administration through USMCA implementation to boost North 
     American competitiveness.
       Passing USMCA with broad bipartisan support will also 
     deepen support for trade policies that help Americans compete 
     at home and abroad. We urge you to vote Yes on USMCA.
           Sincerely,
     Tom Linebarger,
         Chairman and Chief Executive Office, Cummins Inc. Chair, 
           Trade and International Committee Business Roundtable.
                                  ____

                                                              ITI,


                               Promoting Innovation Worldwide,

                                Washington, DC, December 18, 2019.
     Hon. Nancy Pelosi,
     Speaker of the House,
     House of Representatives, Washington, DC.
     Hon. Kevin McCarthy,
     Republican Leader,
     House of Representatives, Washington, DC.
       Dear Speaker Pelosi and Leader McCarthy: On behalf of the 
     members of the Information Technology Industry Council (ITI), 
     I write to express our strong support for legislation 
     implementing the U.S.-Mexico-Canada Agreement (H.R. 5430). 
     Given the importance of this agreement to the technology 
     sector, we will consider scoring votes in support of final 
     passage in our 116th Congressional Voting Guide.
       The U.S.-Mexico-Canada Agreement (USMCA) represents a 
     landmark improvement in our relationships with some of our 
     most important trading partners from the perspective of the 
     tech sector, and a key step forward for U.S. leadership in 
     innovation and digital trade. Notably, the U.S.-Mexico-Canada 
     Agreement contains first-of-its-kind, cutting-edge digital 
     trade provisions that recognize the reality of the 21st 
     century economy and would boost the U.S. economy and its 
     competitiveness around the world.
       American companies of all sizes and across all industries 
     leverage technology, and can expect to benefit from the 
     USMCA's digital trade and other tech-focused provisions. 
     These provisions will promote the seamless flow of data 
     across borders, allow companies to store data where it makes 
     the most sense from the perspective of their business and 
     customers, prevent costly tariffs and taxes on technology 
     products and services, safeguard source code and algorithms 
     by prohibiting requirements that companies divulge them as a 
     condition of doing business, promote acceptance of U.S.-
     developed international standards, and create consistency in 
     testing and certification procedures for tech goods.
       We applaud the work and leadership that has gone into 
     securing the opportunity to move forward with ratification of 
     the USMCA, and urge you and your colleagues to support the 
     implementing legislation for the agreement when it comes to 
     the House floor.
           Sincerely,
                                                   Jason D. Oxman,
                                                President and CEO.

  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Kentucky (Mr. Comer).
  Mr. COMER. Madam Speaker, ever since President Trump struck a new, 
pro-American trade agreement with Canada and Mexico over a year ago, he 
has worked tirelessly with Members of both parties to get to the point 
of passing the USMCA through Congress.
  Make no mistake about it: The President's leadership on this issue 
has put us on the brink of this tremendous accomplishment. Today, we 
will pass a new trade deal that will create jobs, grow our economy, and 
help our farmers.
  Having strongly advocated for the passage of this deal, I am proud to 
express my strong support for USMCA and all the opportunities it will 
provide.
  Kentucky will strongly benefit from USMCA. Estimates show that our 
State, alone, will see over $260 million more in agriculture exports to 
Canada and Mexico. New trade markets, more stability for our farmers 
and manufacturers, and more accountability from our trading partners 
will help our people and grow our entire economy.
  As a farmer and Kentucky's former commissioner of agriculture, I know 
firsthand the need for our country to establish new markets for our 
farmers. I am proud to be a strong voice for the agriculture community 
and represent their interests in Washington.

[[Page H12258]]

  This is a great day for our farmers, for Kentucky, and for all of 
America.
  Mr. NEAL. Madam Speaker, this is really a happy moment for me to 
acknowledge the work that the gentleman from California (Mr. Gomez) did 
on behalf of labor rights. He stood up in the working group on behalf 
of the working people, and I think that he considerably shifted this 
argument in their direction.
  Madam Speaker, I yield 1\1/2\ minutes to the gentleman from 
California (Mr. Gomez).
  (Mr. GOMEZ asked and was given permission to revise and extend his 
remarks.)
  Mr. GOMEZ. Madam Speaker, I include in the Record a letter to the 
United States Trade Representative.

                                         House of Representatives,


                                   Committee on the Judiciary,

                                               September 17, 2019.
     Hon. Robert E. Lighthizer,
     U.S. Trade Representative,
     Washington, DC.
       Dear Ambassador Lighthizer: We write to express our concern 
     regarding the inclusion of Article 20.89 in the United 
     States-Mexico-Canada Agreement (USMCA). This provision, 
     entitled ``Legal Remedies and Safe Harbors,'' mirrors Section 
     512 of Title 17, originally enacted by the Digital Millennium 
     Copyright Act of 1998 (DMCA). In certain circumstances, 
     Section 512 frees online platforms from liability for 
     infringing content posted by third parties.
       The effects of Section 512 and the appropriate role of a 
     copyright safe harbor have become the subject of much 
     attention in recent year. Some have called on Congress to 
     update these very provisions, enacted in the days of a dial-
     up Internet. The U.S. Copyright Office is expected to produce 
     a report on Section 512 around the end of this year, the 
     result of a multi-year process that started in 2015. 
     Moreover, the European Union has recently issued a copyright 
     directive that includes reforms to its analogous safe harbor 
     for online platforms, which may have an impact on the U.S. 
     domestic policy debate.
       Without taking a position on that debate in this letter, we 
     find it problematic for the United States to export language 
     mirroring this provision while such serious policy 
     discussions are ongoing. For that reason, we do not believe a 
     provision requiring parties to adopt a Section 512-style safe 
     harbor system of the type mandated by Article 20.89 should 
     continue to be included in future trade agreements. Given 
     that the Judiciary Committee closely oversees Section 512 
     through its jurisdiction over intellectual property laws, we 
     also hope that the Office of the United States Trade 
     Representative will work closely with our Committee in 
     advance of negotiating copyright issues going forward.
       Thank you for your attention to this important matter. We 
     would be pleased to discuss this issue with you at your 
     convenience.
           Sincerely,
     Jerrold Nadler,
       Chairman.
     Doug Collins,
       Ranking Member.

  Mr. GOMEZ. Madam Speaker, the original NAFTA was a failure for 
working families, and the NAFTA 2.0 deal that President Trump signed in 
2018 was not much better. House Democrats recognized that, and we 
rejected it, and we worked until we got an enforceable deal.
  As a result, the final revised USMCA is much better than NAFTA 1.0, 
and it is even better than NAFTA 2.0. And, I would say, you can't even 
call it ``NAFTA Lite'' anymore.
  Despite our work, even with the improvements that we have made, I 
know that this won't bring back all the jobs that we have lost here in 
the United States; but, over time, I hope the new labor standards and 
the enhanced enforcement mechanisms we negotiated will help raise wages 
in Mexico, reducing U.S. corporations' incentive to outsource jobs.
  No trade agreement or legislation is perfect, and I do not endorse 
every single provision of USMCA, but I know that it is always easier to 
talk about a problem than to fix a problem.
  When we proceed on this issue, future trade agreements must recognize 
that trade and globalization have pushed wages down and weakened the 
negotiation power of workers. This is where our focus must be.
  One provision I am proud of is in labor, and that is, specifically, a 
new rapid-response mechanism to enforce labor standards.
  This has never been written into an American trade agreement. By 
ensuring Mexican workers' rights are protected, we prevent a race to 
the bottom. For the first time ever, we have an enforceable labor 
standard in a trade agreement.
  I thank everybody who worked on this and made sure that we are moving 
in the right direction.
  Madam Speaker, I rise to thank Speaker Pelosi for appointing me to 
the Working Group tasked with renegotiating USMCA on behalf of the 
Democratic Caucus.
  I also thank my colleagues on the Working Group, Representatives 
Richard Neal, Earl Blumenauer, Jan Schakowsky, Mike Thompson, Suzanne 
Bonamici, John Larson, Terri Sewell, and Rosa Delauro.
  Additionally, I wish to recognize the efforts of the Ways and Means 
trade staff and personal office staff who contributed. Their names are 
Laura Thrift, Osaremen Okolo, Syd Terry, Jack Spasiano, Robert Nuttall, 
Allison Smith, Scott Stephanou, Jennifer Goedke, Samuel Negatu, Keigan 
Mull, Julia Friedman, Katherine White, Katherine Linton, Alexandra 
Whittaker, John Catalfamo, Katherine Monge and Katherine Tai.
  Finally, I wish to thank Ambassador Robert Lighthizer, Ambassador 
C.J. Mahoney, and the rest of the professional staff at the Office of 
the U.S. Trade Representative for their faithful engagement with House 
Democrats.

                              {time}  1215

  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentlewoman from 
Missouri (Mrs. Wagner).
  Mrs. WAGNER. Madam Speaker, I thank the gentleman from Texas for 
yielding. I rise today to urge my colleagues to vote ``yes'' on the 
USMCA trade agreement.
  For months, partisan politics and the Democrats' impeachment charade 
have prevented us from finalizing this agreement, but it is clear to 
Members on both sides of the aisle that the President has negotiated a 
deal that will strengthen our economy and benefit all Missourians and 
Americans.
  One of every three rows of crops is grown for export in the great 
State of Missouri, and this deal expands market access in Canada and 
Mexico for our farmers.
  It is the first time that a U.S. trade agreement is specifically 
addressing biotech, and the St. Louis region is the Silicon Valley for 
ag-tech.
  USMCA also includes the Wagner language on human trafficking. I 
worked with Ambassador Lighthizer to guarantee that the USMCA holds my 
Fight Online Sex Trafficking Act, FOSTA, to help stop online sex 
trafficking here at home and now throughout North America.
  A ``yes'' on the USMCA is a yes for victims, a yes for jobs, a yes 
for farmers, and a yes for the prosperity of all Americans.
  Madam Speaker, I rise today to urge my colleagues to vote YES on the 
USMCA trade agreement. For months, partisan politics and the Democrats' 
impeachment charade have prevented us from finalizing this agreement. 
But it is clear to members on both sides of the aisle that the 
President has negotiated a deal that will strengthen our economy and 
benefit all Missourians.
  One of every three rows of crops is grown for exports in the great 
state of Missouri, and this deal expands market access in Canada and 
Mexico for our farmers.
  The USMCA also includes the ``Wagner Language'' on human trafficking. 
I worked with Ambassador Lighthizer to guarantee that the USMCA upholds 
my Fight Online Sex Trafficking Act (FOSTA) to help stop online sex 
trafficking here at home and now throughout North America.
  A YES on the USMCA is a yes for victims, a yes for jobs, a yes for 
farmers, and a yes for the prosperity of all Americans. Thank you. I 
yield back.
  This agreement also benefits Missouri's thriving ag tech community by 
addressing agricultural biotechnology, including new technologies such 
as gene editing.
  This is the first time U.S. trade agreement is specifically 
addressing biotech, and the St. Louis region is the Silicon Valley for 
ag tech. The USMCA will help protect our intellectual property, and I 
hope it will be a standard for future trade agreements as well.
  The Wagner Language allows our trading partners to enact domestic 
laws that enable victims to sue the websites that facilitate the sex 
trade and empower law enforcement to enforce criminal laws against the 
websites that sell women and children.


 =========================== NOTE =========================== 

  
  December 19, 2019, on page H12258, ``*ERR08*'' inadvertently 
appeared at four places.
  
  The online version has been corrected to delete the inadvertent 
text.


 ========================= END NOTE ========================= 


  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Oregon (Ms. Bonamici), an important advocate of environmental 
issues as a member of the Trade Working Group.
  Ms. BONAMICI. Madam Speaker, I rise in support of the updated United 
States-Mexico-Canada trade agreement.
  In the years that followed NAFTA'S enactment in 1994, American jobs 
were outsourced to Mexico, and the wages and working conditions were 
not improved for Mexican workers. This

[[Page H12259]]

agreement, while not perfect, is an important opportunity to fix the 
damage from NAFTA and to create a new baseline for future trade 
agreements.
  The renegotiated USMCA strengthens labor rules so that it will be 
easier to prove violations. It includes robust monitoring systems and 
strong enforcement tools, including people on the ground in Mexico to 
monitor compliance.
  Importantly, the updated USMCA no longer includes harmful provisions 
that would have locked in high drug prices and made it more difficult 
for patients to access affordable generic drugs.
  This final agreement also makes important advancements to protect our 
environment. It improves environmental rules, puts them in the text of 
the agreement, provides a path to reducing hydrofluorocarbon emissions, 
protects against overfishing, makes it easier to prove environmental 
violations, and secures more than $600 million to implement the 
environmental provisions and address pollution and marine debris.
  Throughout the negotiation process, I fought hard for the inclusion 
of strong climate provisions. I am disappointed that the Trump 
administration rejected our efforts. We did, however, include a clause 
that creates a path for adding additional environmental and 
conservation agreements in the future. I will continue to do all I can 
to pass and implement bold policies to combat climate change.
  The USMCA is significantly better than the agreement that the Trump 
administration brought to us. It is a major improvement over the NAFTA 
rules that are currently in place. It will bring more certainty to 
workers, to Oregonians, and for the environment.
  I thank Speaker Pelosi for appointing me to the working group and the 
hardworking staff that got us to today.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Texas (Mr. Conaway), who has been a longtime leader in agriculture, on 
the farm bill, and frankly, we couldn't have gotten this agreement done 
without him.
  Mr. CONAWAY. Madam Speaker, I appreciate my colleague from Texas for 
yielding. I am certainly glad this day has finally arrived and to stand 
with American farmers by passing the USMCA.
  For the last year, Democrats obsessed over a partisan impeachment 
process while President Trump remained focused on securing the wins 
that American farmers were counting on.
  For our farm families, passing USMCA means an annual increase of $2.2 
billion in agriculture exports. It also means we gain about 176,000 
quality jobs for Americans. The USMCA resets our trading relationships 
with Mexico and Canada, improves our farmers' market access to these 
two important trading partners, and strips away nontariff barriers that 
prevent free and fair trade.
  I commend President Trump, Ambassador Lighthizer, and Ambassador Doud 
for their tireless work on this agreement, in all its stages. Our 
farmers and ranchers were counting on them, and they delivered.
  The near-universal support in the agricultural community for USMCA 
speaks volumes about the importance of this trade deal. I urge my 
colleagues to join me in supporting America's farmers and ranchers by 
voting to pass the USMCA.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Illinois (Ms. Schakowsky), a formidable negotiator and a very 
important member of the Trade Working Group.
  Ms. SCHAKOWSKY. Madam Speaker, I rise in support of the U.S.-Mexico-
Canada trade agreement, the first trade agreement I have ever voted for 
in my more than 20 years in Congress.
  I am proud to be on the working group that helped negotiate this 
agreement, and I thank the chairman of that group, Richie Neal.
  It is far better than the original NAFTA, and it is far better than 
the deeply flawed trade agreement that President Trump handed to us.
  For example, he tried to tuck into it a huge gift to Big Pharma that 
would have raised the cost of medicine throughout our hemisphere. But 
from day one, I insisted that that provision be removed. Today, it is 
gone.
  Without the work of the working group, without the help of the 
Speaker of the House, without Rich Trumka, the president of the AFL-
CIO, we would not be voting on this today.
  Is it a perfect thing? No, it is not. For example, there is a big 
gift to Big Tech provided in this called section 230, which gives a 
liability shield for all the companies and the platforms, for all the 
content that they have on those platforms.
  Madam Speaker, I include in the Record a letter to Ambassador 
Lighthizer.

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                   Washington, DC, August 6, 2019.
     Hon. Robert E. Lighthizer,
     U.S. Trade Representative,
     Washington, DC.
       Dear Ambassador Lighthizer: We write to express our concern 
     regarding the inclusion of Article 19.17 in the United 
     States-Mexico-Canada Agreement (USMCA).
       In many respects, the language of Article 19.17 mirrors 
     that of Section 230 of the Communications Decency Act. 
     Section 230 shields online platforms from some of the 
     liability associated with third-party content posted on those 
     platforms.
       As you may know, the effects of Section 230 and the 
     appropriate role of such a liability shield have become the 
     subject of much debate in recent years. While we take no view 
     on that debate in this letter, we find it inappropriate for 
     the United States to export language mirroring Section 230 
     while such serious policy discussions are ongoing. For that 
     reason, we do not believe any provision regarding 
     intermediary liability protections of the type created by 
     Article 19.17 are ripe for inclusion in any trade deal going 
     forward. Given that our Committee closely oversees Section 
     230 and all portions of the Telecommunications Act of 1996, 
     we also hope in the future the Office of the United States 
     Trade Representative will consult our committee in advance of 
     negotiating on these issues.
       Thank you for your attention to this important matter.
           Sincerely,
     Frank Pallone,
       Chairman.
     Greg Walden,
       Ranking Member.

  Ms. SCHAKOWSKY. Madam Speaker, I urge everyone to vote for the trade 
agreement.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Balderson).
  Mr. BALDERSON. Madam Speaker, I thank Mr. Brady for yielding. I rise 
this afternoon with enthusiasm for a bipartisan agreement, the United 
States-Mexico-Canada Agreement, or USMCA.
  This trade deal between our country and our top two trading partners 
will be a major win for the Buckeye State. Ohio farmers and 
manufacturers already export nearly $28 billion worth of goods to 
Canada and Mexico every year. The USMCA opens up Canada's market to 
American poultry and dairy so that Ohio farmers can now trade these 
products across international lines.
  In this digital era, many people's shopping is increasingly done 
online. People can shop small businesses and larger companies alike, 
especially during the holiday gifting season. USMCA brings an outdated 
trade agreement into the 21st century with a previously nonexistent 
section on digital trade.
  USMCA is what our country needs now, and I am thrilled to support 
this bipartisan agreement's passage. I thank Chairman Neal and Ranking 
Member Brady.
  Mr. NEAL. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Connecticut (Ms. DeLauro), a formidable negotiator, a great 
friend, and, I must say, an invaluable member of the working group that 
helped assemble this document.
  Ms. DeLAURO. Madam Speaker, I was honored to be appointed to the 
Speaker's working group charged with renegotiating the deeply flawed 
NAFTA agreement that the President signed in 2018. It enshrined the 
failed status quo that had hurt American workers while extending 
monopoly protections for pharmaceutical companies that would lock in 
high medicine prices.
  I was focused on crafting effective and meaningful standards to 
protect labor rights, constructing an enforcement mechanism for the 
U.S. and Mexico, strengthening and protecting environmental standards, 
and protecting access to affordable medicines.
  I was pleased the principles we presented to and, in many instances, 
forced on the USTR are reflected in the final agreement. Our gains 
include a labor-specific enforcement mechanism

[[Page H12260]]

for new labor standards, a review body to ensure Mexico is meeting its 
obligations, penalties for goods and services not produced in 
compliance, and robust resources for monitoring and enforcement.
  Despite the President's rhetoric, this agreement will not bring back 
U.S. manufacturing jobs or undo the damage of outsourcing provisions in 
the Republican tax law. Despite our best efforts, it lacks more robust 
climate standards, labor and environmental terms, and protections for 
food and product safety. So, it is not the model for the future.
  Wage stagnation in America is not the inevitable result of 
globalization and technology. Special interests have shaped government 
policies that have held down wages and increased inequality.
  Nobel-winning economist Joseph Stiglitz said: ``Inequality is not 
inevitable. It is a choice we make.''
  We made progress on this agreement. It is a framework to build on. I 
support the agreement and pledge to continue our work addressing 
globalization and trade policy.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Thompson).
  Mr. THOMPSON of Pennsylvania. Madam Speaker, after nearly 400 days 
since President Trump signed the agreement, we are finally voting on 
USMCA to deliver real results for the people who make up the backbone 
of the American economy. This includes our farmers, ranchers, 
manufacturers, and each and every American family who depends on these 
industries.
  USMCA will bring more than $68 billion in new economic activity, 
176,000 new jobs here at home, and an increase of $2 billion a year 
annually in agricultural exports. These numbers don't lie, and that is 
only the beginning. Passing USMCA is a big win for the American 
economy.
  Lastly, I can't talk about USMCA without mentioning how big of a win 
it is for American agriculture, particularly our dairy farmers. Under 
this agreement, our dairy producers will no longer be subject to 
Canada's class 6 and class 7 milk pricing programs, policies that have 
unfairly limited our export potential for years.
  Madam Speaker, USMCA is a good agreement. It is a fair agreement, and 
it is a bipartisan agreement. I am pleased that we are finally voting 
on this crucial piece of policy and that we can deliver on this 
promise. I urge my colleagues to vote ``yes.''
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentleman from Texas 
(Mr. Cuellar), a real champion of this agreement.
  Mr. CUELLAR. Madam Speaker, I support the USMCA, NAFTA 2.1, because 
we are doing this in a bipartisan way.

  I thank Speaker Pelosi and the working group and Chairman Neal and 
his staff for working so hard; my Texas colleague Kevin Brady and his 
staff for working so hard; Ambassador Lighthizer and our friends to the 
south, the Mexicans, for working together.
  My district is the epicenter of trade between the U.S. and Mexico. My 
city of Laredo handles 14,000 to 16,000 trailers every single day. The 
Laredo customs district handles 60 percent of all the trade between the 
U.S. and Mexico.
  That means more than $1.7 billion of goods flow between the U.S. and 
Mexico every day. That is over $1 million every single minute. Trade is 
good. It means jobs, jobs, jobs.
  I thank the committee for adding the signature environmental 
safeguard, the North American Development Bank. That is total, with the 
EPA, over $500 million for drinking water and for waste treatment 
plants.
  Members, pass USMCA. It means one thing: jobs, jobs, jobs.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Tennessee (Mr. Kustoff), the State that helped win Texas' independence.
  Mr. KUSTOFF of Tennessee. Madam Speaker, I thank Ranking Member Brady 
for yielding. I thank Ranking Member Brady and Chairman Neal for their 
hard work on this agreement.
  We know that the U.S.-Mexico-Canada Agreement is vital to our 
Nation's economy and my home State of Tennessee. Over 200,000 jobs in 
Tennessee depend on the passage of USMCA, and that includes about 
35,000 manufacturing jobs and 10,000 west Tennessee farm operations.
  Madam Speaker, the Volunteer State produces almost $14 billion in 
exports to Canada and Mexico. More importantly, the USMCA updates the 
25-year-old trade agreement that we know as NAFTA and modernizes the 
economic partnership of North America. Frankly, the USMCA will allow 
Tennessee and our Nation as a whole to achieve greater prosperity.
  I thank President Trump for delivering on his promises and creating a 
better trade agreement for the American people.

                              {time}  1230

  Madam Speaker, I look forward to voting ``yes'' on the USMCA, and I 
urge all my colleagues to do so as well.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentlewoman from 
Oklahoma (Ms. Kendra S. Horn), a real champion of agriculture and small 
business.
  Ms. KENDRA S. HORN of Oklahoma. Madam Speaker, I thank Chairman Neal 
for yielding.
  Madam Speaker, I rise today in strong support of the passage of the 
United States-Mexico-Canada trade agreement.
  I am proud to support this bipartisan agreement that strengthens 
trade and is good for both economic growth opportunities and for our 
workers.
  A stronger trading relationship with Mexico and Canada is good for a 
stronger economy for Oklahoma. These two countries are already the 
Sooner State's largest trading partners, accounting for $2.4 billion in 
Oklahoma exports in the last year alone.
  This newly-agreed-to USMCA is a monumental step in strengthening this 
trading relationship. This agreement not only ensures fair trade for 
Oklahoma businesses and workers--who continue to create world-class 
products--by guaranteeing that exports that enter Canada and Mexico are 
all tariff-free, but it also gives Congress the necessary tools of 
enforcement to combat the high cost of prescription drugs and is good 
for our workers.
  This strongly improves labor standards, as well as allowing workers 
to compete on a level playing field.
  Madam Speaker, I urge my colleagues to support this USMCA and other 
bipartisan solutions.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Mitchell), a gentleman who was pro trade and pro USMCA 
the moment that he hit Congress.
  Mr. MITCHELL. Madam Speaker, I thank Mr. Brady for being such a 
leader on this.
  I saw the impact of NAFTA on my State of Michigan, on my community, 
and my family. Jobs disappeared at an astounding rate, including my 
dad's job working an assembly line at an auto plant. I saw the unfair 
treatment of farmers trying to export their products.
  I live in a district with a major border crossing to Canada, the Blue 
Water Bridge. So I also saw the importance of trade with our neighbors. 
But trade must be fair, balanced, and not disadvantage hardworking 
American families.
  NAFTA failed miserably at that.
  USMCA is a massive improvement over NAFTA in more ways than time 
allows me to detail.
  America needs the USMCA. We need it now. So let's finish this drawn-
out process, pass the bill, and urge the Senate to proceed with speed.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentleman from 
Arizona (Mr. Stanton).
  Mr. STANTON. Madam Speaker, I thank the gentleman for yielding.
  Passing the U.S.-Mexico-Canada Agreement is essential to creating new 
jobs and strengthening the economy of my home State of Arizona.
  Those of us in border States understand the value of trading with our 
neighbors, and I can tell you, growing trade relationships with Mexico 
and Canada is essential to Arizona. This new agreement will offer a big 
lift to our local companies.
  Already in Arizona, nearly 230,000 jobs rely on across-the-border 
commerce. That means 230,000 paychecks buying holiday gifts, 230,000 
paychecks putting food on the table for their families, and 230,000 
paychecks contributing to our State's economy.

[[Page H12261]]

  Today we have a real opportunity for job creators, from multi-
national companies, to mid-size and small businesses, from tech workers 
to farmworkers. There is no doubt that the new USMCA is a win for all 
Arizonans.
  This is a bipartisan agreement. It sets a new standard for creating 
trade rules that are enforceable, good for American workers, and 
effectively consider how business is done in the 21st century.
  Importantly, it reasserts Congress' role in trade policy.
  Madam Speaker, I thank Chairman Neal and the trade working group for 
their hard work in getting this deal done.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Texas (Mr. Hurd), whose district has a long border with Mexico and who 
was deeply engaged in the negotiating rounds with Mexico, Canada, and 
the U.S., my friend from San Antonio.
  Mr. HURD of Texas. Madam Speaker, why should all Americans care about 
free trade with Mexico and Canada?
  We should care about the USMCA because just about every aspect of our 
lives, the food on our table, the clothes on our backs, the fuel in our 
cars, depends on free trade with Mexico and Canada.
  We should care about USMCA because 14 million jobs across the Nation, 
including the jobs of over half of my constituents in south Texas, 
depend on free trade with Mexico and Canada.
  We should care about USMCA because we live in a world where U.S. 
military and economic dominance is no longer guaranteed, and a strong 
North America is essential for us to remain competitive as China tries 
to replace America as the most important economy in the world.
  So let's get the USMCA to the President's desk so we can start 
talking about increasing North American competitiveness in the rest of 
the world.
  I support this bill.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentlewoman from 
Virginia (Ms. Spanberger), a courageous congresswoman.
  Ms. SPANBERGER. Madam Speaker, I thank Chairman Neal for yielding.
  Madam Speaker, I rise today in support of H.R. 5430.
  Last year, Virginia exported $4.3 billion worth of goods to Canada 
and Mexico. One out of six Virginia manufacturers exports to these two 
countries, and of these firms, 64 percent are small- or medium-sized 
businesses.
  These businesses are the backbone of our economy, and today they are 
looking to Congress to take this vital step towards securing long-term 
trade stability.

  Earlier this month, I made that point clear at a meeting with the 
vice president. During our discussion, I underscored the USMCA's 
potential to stimulate growth across the Seventh District of Virginia.
  For central Virginia businesses, today's vote is a welcome step 
forward towards modernizing NAFTA and staying competitive in the 21st 
century.
  For Virginia's crop and livestock producers, today's vote means 
protecting and expanding relationships with critical buyers in Canada 
and Mexico.
  And for central Virginia's workers, today's vote carries with it a 
commitment from our trading partners to live up to their labor 
commitments.
  I know that central Virginia's economy and the hardworking men and 
women who spur it forward have waited patiently for this day to arrive.
  Madam Speaker, I thank everyone for their work on this: Mr. Chairman, 
Mr. Ranking Member, Ambassador Lighthizer, and my colleagues on the 
working group.
  Madam Speaker, I urge my colleagues to support USMCA.
  Mr. BRADY. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from Missouri (Mrs. Hartzler).
  Mrs. HARTZLER. Madam Speaker, this week represented the best of times 
and the worst of times.
  Yesterday displayed the worst of times by impeaching the President 
for political reasons and reversing the will of 63 million Americans.
  Today, however, represents the best of times by finally voting to 
approve the USMCA.
  This historic agreement, which has been held up by Speaker Pelosi for 
over a year, will bring 176,000 new jobs and spur $68 billion in new 
economic activity. It removes trade barriers for our ag products, 
creating new markets for our farmers and helping rural America as a 
result.
  Encouragingly, the auto industry will benefit as well. Just last 
week, General Motors announced that it would be investing over $1 
billion in a truck plant in my home State of Missouri due to the USMCA.
  This agreement moves our relationship with Mexico and Canada into the 
21st century, and will benefit the American farmer, the American 
worker, and the American consumer.
  I applaud President Trump for delivering on this historic trade 
agreement.
  I look forward to voting ``yes'' on the USMCA and bringing more jobs 
to our great country.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentleman from Texas 
(Mr. Gonzalez).
  Mr. GONZALEZ of Texas. Madam Speaker, I rise today to express my 
support for the United States-Mexico-Canada Agreement and also to sound 
the alarm of an issue that should concern us all: violence.
  To put things in perspective, since 2006, Mexico has lost as many 
people to homicide as the United States has lost in every war since 
Korea.
  Just in the last 3 years, the number of homicides exceeded the number 
of soldiers lost in Korea and Vietnam combined, all while we act as if 
nothing is happening in our own backyard.
  Negotiators worked tirelessly to get us here to today's vote, but 
they failed to acknowledge the single greatest threat to North American 
trade and prosperity: violence.
  I rise today to say that we have missed an opportunity, and I cannot 
be silent and will not let this go.
  Mexican President Lopez Obrador ran on a promise to achieve peace, 
end the war on drugs, and create a new civilian national guard to 
tackle organized crime by fighting poverty.
  While I have no doubt of his good intentions, he has failed 
miserably. Mexico's crime rate continues to rise; the endemic mass 
murders, disappearances, extortions, and assaults in Mexico show no 
signs of slowing.
  Madam Speaker, by accepting this as the status quo and staying 
silent, we risk standing in the way of our own economic success.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from Iowa 
(Mr. King), a champion of agriculture.
  Mr. KING of Iowa. Madam Speaker, I thank the gentleman from Texas 
(Mr. Brady), the ranking member of the Ways and Means Committee, and 
perhaps one of the most successful in modern time.
  I am looking at this USMCA trade agreement. I said from the beginning 
that I would not have opened up NAFTA; it was good for Iowa 
agriculture, it was good for Iowa manufacturing, it was good for 
America in many areas. But the President promised that he would open it 
up and that he would prevail in his negotiations.
  He has followed through and he has kept his word.
  For a year and a half I have been having discussions with every 
entity that I can find that has been affected by this trade agreement. 
They all say, We are better off. They might say, We are marginally 
better off, but they say, We are better off, until you get to dairy, 
where we are a lot, lot better off than we were in the past.
  This is a terrific trade agreement.
  Whatever the nuances were afterwards where there were some changes 
that didn't affect, I don't think, the district that I represent, what 
this amounts to is this: It is a huge victory for the President of the 
United States, for Americans everywhere, for Iowans in the Fourth 
Congressional District, which is the number one agriculture producing 
district in all of America.
  We are happy. We are delighted. We are thankful to have this 
Christmas present coming to us.
  We say, Merry Christmas, Mr. President; Merry Christmas, America.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentleman from Texas 
(Mr. Allred), a courageous congressman.
  Mr. ALLRED. Madam Speaker, I rise to applaud the work of my 
colleagues in both parties on reaching a bipartisan consensus on a 
trade agreement between the U.S., Mexico, and Canada.

  I know that this was no easy task, and today we are poised to pass 
this historic agreement.

[[Page H12262]]

  This was a priority for me, and I worked tirelessly to ensure that 
the administration, my colleagues, and House leaders knew how important 
this was for Texas.
  For Texans, trade with Mexico and Canada isn't just a textbook 
exercise or abstract policy issue; it is real jobs for more than 36,000 
Texans in my district.
  Businesses across north Texas rely on supply chains between our three 
nations to manufacture, distribute, and sell goods and services. We 
must give them certainty and stability.
  Madam Speaker, I urge my colleagues to vote ``yes.'' This job-
creating agreement will shift the trade paradigm and create a new 
standard for trade that will protect workers and the environment both 
here at home and across the North American continent.
  Madam Speaker, I thank Chairman Neal and the working group and 
Ambassador Lighthizer for their work on getting this across the line.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Huizenga), a leader of ag and autos.
  Mr. HUIZENGA. Madam Speaker, I rise in strong support of the United 
States-Mexico-Canada trade agreement negotiated by President Trump and 
his team, as well as the strong leadership here in the House.
  For more than a year, I have called on Speaker Pelosi to have this 
vote on this trade agreement. I am glad the day has arrived.
  The stakes for Michigan are extremely high. One estimate is 38.9 
percent of Michigan's total GDP depends on trade, the highest in the 
Nation. A staggering 65 percent of the State's exports are bound for 
Canada and Mexico.
  Trade with our Nation's neighbors support more than 338,000 Michigan 
jobs.
  Ratifying the USMCA will lead to more than $30 billion in investment 
in new automotive manufacturing in the U.S. and create more than 75,000 
jobs for American auto workers.
  Passing the USMCA is also vitally important to our agricultural 
community. Michigan's food and agricultural exports total approximately 
$1.98 billion annually and support roughly 805,000 food and 
agricultural jobs.
  This agreement will level the playing field for our farmers, growers, 
and producers, and expand market access for commodities such as dairy 
goods, poultry, and eggs.
  This is a win for Michigan workers, farmers, and job creators, and I 
support this bill.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentlewoman from 
Minnesota (Ms. Craig), who I can assure everybody was an assertive 
advocate for this agreement.

                              {time}  1245

  Ms. CRAIG. Madam Speaker, I rise today in support of USMCA.
  This trade agreement is a win for Minnesota's family farmers and 
small business owners. It protects American workers and creates 
certainty and new opportunity moving forward with our largest trading 
partners.
  I have walked on farms across my district with the families who feed, 
clothe, and fuel this country. One thing is clear: Years of tough 
prices, severe weather, and trade issues have taken their toll. They 
need this trade agreement now.
  I am proud to have worked to eliminate the handouts to Big Pharma 
from the original draft. My commitment is to work with this 
administration when it benefits our community and stand up to them when 
it doesn't.
  This is a good deal for American farmers, workers, and businesses. I 
urge my colleagues to vote in favor of this important trade agreement.
  Mr. BRADY. Madam Speaker, I am pleased to yield 1 minute to the 
gentleman from Tennessee (Mr. DesJarlais).
  Mr. DesJARLAIS. Madam Speaker, I rise today to support the United 
States-Mexico-Canada Agreement that will replace the outdated North 
American Free Trade Agreement.
  USMCA opens new markets for American agriculture in Canada, returns 
manufacturing jobs outsourced to Mexico to our own country, and is the 
first U.S. trade deal to focus on cross-border commerce for small 
businesses, easing rules and regulations to level the playing field for 
startups and entrepreneurs.
  Our economy is already strong. Jobs and income are growing, 
especially for working and middle-class Americans. My home State of 
Tennessee is a manufacturing and transportation hub, and small business 
jobs and wage growth there lead the Nation. The USMCA will further 
strengthen our economy.
  However, the President's opposition, who just yesterday voted to 
impeach him, have for years obstructed the agenda my constituents, as 
well as Democrats and Republicans around the country, supported in 
2016.
  We have succeeded, despite unrelenting resistance. Donald Trump has 
shown courage and determination that has resulted in a pending trade 
deal with China. Combined with tax cuts, reduced regulations, and 
American energy independence, these trade deals and others the 
President has produced will continue our remarkable economic progress, 
as well as strengthen national security.
  I am proud to support the USMCA for Tennessee farmers, manufacturers, 
and small businesses.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentlewoman from 
Michigan (Ms. Stevens), a ferocious advocate.
  Ms. STEVENS. Madam Speaker, today, we rise to pass a trade deal for 
the middle class. Today, we rise to strengthen the protections for the 
workers. Today is a great day, for today, we are standing up for our 
manufacturers and our manufacturing economy.
  To all the suppliers in my district who advocated, who reached out, 
who asked for the certainty for their workforce, for the investment, 
today, we are getting something done for you. We do not say Republican 
or Democrat, but we say manufacturing. We say hoorah for the middle 
class, for the growth and the expansion for our middle class.
  We came here to champion our manufacturing economy. We came here to 
get something done, to reach a compromise, to shed the awful effects of 
the original NAFTA, and to deliver yet again for people. That is what 
we are here for in our majority.
  Mr. BRADY. Madam Speaker, I am proud to yield 1 minute to the 
gentleman from Washington (Mr. Newhouse).
  Mr. NEWHOUSE. Madam Speaker, today has been a long time coming for 
President Trump, the American people, and the American farmers and 
ranchers.
  Our vote today ensures that we deliver on our promise to bring fair 
and equitable trade with our closest trading partners, Mexico and 
Canada.
  In my home State of Washington, exports to Canada and Mexico totaled 
$11.3 billion in 2018, and trade-related jobs amount to nearly 40 
percent of all jobs in the State.
  I have heard from farmers, ranchers, and manufacturers in every 
county of central Washington. They all agree that today's vote to pass 
USMCA is exactly what we need.
  Most importantly, USMCA maintains duty-free access for U.S. 
agriculture products, including the iconic Washington State apple, 
which accounts for nearly $450 million in exports annually.
  The USMCA goes even further to advance access for the U.S. dairy and 
wine industries, two substantial drivers for Washington's economy.
  Madam Speaker, I am proud today that we are delivering USMCA for my 
constituents.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the very capable 
gentlewoman from New Mexico (Ms. Torres Small), who once even followed 
me into the coffee shop to advocate on behalf of this agreement.
  Ms. TORRES SMALL of New Mexico. Madam Speaker, I thank President 
Trump, congressional leadership, Chairman Neal, Ranking Member Brady, 
and members of the USMCA working group for fighting to make significant 
improvements to the out-of-date NAFTA agreement.
  This is a win for New Mexico's workers, small businesses, 
agricultural producers, and our economy as a whole.
  In my conversations with constituents from across southern New 
Mexico, I have seen just why NAFTA is out of date and why USMCA will be 
a better deal.
  Dairy producers in Belen and Roswell have talked with me about how, 
even when New Mexican dairies aren't selling directly to Canada, 
increased market access and new pricing will raise commodity prices 
across the country.

[[Page H12263]]

  USMCA makes significant progress in protecting American workers by 
evening the playing field with meaningful enforcement mechanisms that 
will protect hard-won improvements.
  Other New Mexicans, like our world-famous New Mexico chili and pecan 
growers, now have the certainty of a trade deal.

  New Mexico stands to gain real benefits after we pass USMCA today.
  Like any deal, it isn't perfect. Environment and enforcement 
standards can always be improved. But the USMCA is entirely necessary 
for New Mexico's producers, workers, and consumers.
  This deal will deliver for New Mexico. It shows that compromise can 
be made, that we can put politics aside.
  Madam Speaker, I urge my colleagues to vote in favor of USMCA.
  Mr. BRADY. Madam Speaker, I am proud to yield 1 minute to the 
gentleman from Arizona (Mr. Gosar).
  Mr. GOSAR. Madam Speaker, I rise in support of the USMCA but also to 
raise a concern about the inclusion of section 230 language of the 
Communications Decency Act.
  This act gives broad legal immunity to Big Tech, which, in turn, uses 
it as a shield from accountability. It is important that this provision 
is not--I state ``not''--included in future trade agreements.
  The behavior of Big Tech has been the subject of substantial 
scrutiny. Much of this scrutiny revolves around the appropriateness of 
maintaining this immunity clause.
  On a daily basis, new concerns are raised about section 230, 
including illegal drug sales, child exploitation, terrorist 
recruitment, political bias, revenge porn, deepfakes, and many more. 
Section 230 has played a significant role.
  When Speaker Pelosi and I agree on an issue, there is some there 
there.
  I encourage my colleagues to support the USMCA but again raise the 
issue about section 230. Its continued merit on how it would apply to 
both trade agreements and everyday application demand modification due 
to its lack of accountability.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentlewoman from 
Iowa (Mrs. Axne). I can assure the people of Iowa that she advocated on 
behalf of this agreement.
  Mrs. AXNE. Madam Speaker, today, a lot of hard work is paying off 
with the passage of USMCA.
  I thank my colleagues who crafted this agreement that gives market 
stability to farmers, protects Iowa workers from having their wages 
undercut, and helps reduce the high cost of biologic drugs. It even has 
important environmental protections.
  I know my farmers, producers, and agriculture workers are celebrating 
the passage of USMCA today.
  Everywhere I go, the message has been clear: We need USMCA because of 
uncertainty in our markets.
  We now have that deal.
  The House has done a great job, but the Senate already said they 
won't take up this agreement anytime soon.
  It will pass today with bipartisan support. Whenever the Senate 
chooses to bring it up, it will pass with bipartisan support then, as 
well. The same Senators who have blamed the House for not moving this 
forward quickly enough are now stopping the USMCA from becoming law.
  Iowans and Americans are asking for help, and we must get this deal 
done.
  I am proud to have fought for a better trade agreement that works for 
Iowa, and I encourage those of us to vote for it in the House and for 
the Senate to take it up for a vote to make life better for people 
across the country.
  Mr. BRADY. Madam Speaker, I am proud to yield 1 minute to the 
gentleman from Pennsylvania (Mr. Keller).
  Mr. KELLER. Madam Speaker, I rise today in support of the United 
States-Mexico-Canada trade agreement. While I am glad we are here 
today, this moment is long overdue.
  While Democrats have been focusing on impeaching President Trump, 
manufacturers and family farmers in Pennsylvania's 12th Congressional 
District have been waiting for the trade deal to be ratified. That is 
because this trade deal means a lot to the hardworking people and 
farmers of Pennsylvania's 12th Congressional District.
  Just take the positive effect the USMCA will have on Pennsylvania's 
12th Congressional District farmers. Pennsylvania's 12th Congressional 
District is home to more than 10,500 farms, 98 percent of which are 
family farms. Moreover, our district is responsible for 18 percent of 
Pennsylvania's agriculture products.
  The provisions in this deal eliminating Canada's class 7 milk pricing 
program, increasing corn and soybean exports, and many other 
improvements will make a huge difference for those family farms.
  More important is the leverage that gives the United States when 
negotiating additional trade deals.
  It is no surprise that when Speaker Pelosi agreed to the USMCA, China 
agreed to the Phase One trade deal that President Trump had been 
negotiating for the benefit of our country.
  Again, USMCA is long overdue, but I am glad we are finally here to be 
able to support America in this trade deal.
  Mr. NEAL. Madam Speaker, I am glad to yield 1 minute to the gentleman 
from California (Mr. Costa), who is an assertive advocate of USMCA.
  Mr. COSTA. Madam Speaker, I rise to recognize all the hard work it 
took to reach this agreement for the United States-Mexico-Canada 
Agreement: Chairman Neal, Chairman Brady, Chairman Blumenauer, the good 
work of Ambassador Lighthizer, the working groups the Speaker put 
together, and the Speaker's desire to see this get across the finish 
line.
  It is important to update NAFTA for the sake of the American workers 
and our agricultural economy.
  This agreement will improve opportunities for good-paying jobs in 
America by updating labor protections and standards in Mexico that can 
be enforced.
  The agreement goes a long way to improve environmental standards and 
clean up cross-border pollution between California and Mexico and other 
border
  With nearly half of California's agricultural products destined for 
foreign markets, the certainty this deal brings to relations between 
our two largest trading partners, Canada and Mexico, cannot be 
overstated.
  I was glad to be a part of this bipartisan effort to bring people 
together for today's vote.
  I congratulate the President. The fact of the matter is, this is good 
for America, good for working people, and good for agriculture.
  Madam Speaker, I look forward to supporting USMCA, and I urge my 
colleagues to do the same.
  Mr. BRADY. Madam Speaker, I am pleased to yield 1 minute to the 
gentleman from Minnesota (Mr. Hagedorn).
  Mr. HAGEDORN. Madam Speaker, after advocating for USMCA this past 
year, I am excited to vote for it today.
  Not only will this deal expand trade with Mexico and Canada, but it 
is going to help us build momentum for deals with other nations, like 
China, Vietnam, and so forth. It is going to be great for our country.
  One quick example of how this helps the American people, particularly 
farm families: Over the summer, Farmers for Free Trade rallied in our 
southern Minnesota district for USMCA. We were at the Hoffman Dairy 
Farm, about 15 miles south of New Ulm. The Hoffmans are sixth-
generation dairy farms. They said that it has been 5 or 6 years of 
tough commodity prices--low prices, high input cost. They needed a win.
  Our market for dairy has been shut out of Canada, virtually, with 300 
percent tariffs. USMCA is going to knock down those tariffs, allow more 
exports, create more demand, help families like the Hoffmans, and help 
our country. I urge everyone to vote for the agreement.


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  Madam Speaker, as the first member of Minnesota's congressional 
delegation to support the USMCA, I am thrilled to finally have the 
opportunity to vote for the implementation of this agreement.
  The USMCA is a long overdue, much needed and well-deserved bipartisan 
win for the American people. The agreement is a win for our workers, 
businesses, farmers and families in Minnesota's First District and 
throughout the nation.
  It will open new markets, expand economic opportunity and create new 
high-wage jobs,

[[Page H12264]]

build momentum for trade deals with China and other nations, and help 
protect and promote our rural way of life in southern Minnesota.
  We are already seeing evidence of this momentum with the United 
States and China announcing a ``Phase One'' trade agreement just days 
after the bipartisan agreement on USMCA was reached.
  I am personally hearing from the farmers back home that they are 
relieved to finally have some market certainty after six years of low 
commodity prices. Especially our dairy farmers, who for the first time 
will have access to the Canadian market.
  USMCA is also a boon to manufacturers who will continue to have duty-
free access to Canada and Mexico, the industry's largest export 
markets--creating tens of thousands of new jobs and adding nearly $70 
billion to the U.S. economy as a whole.
  I will vote ``yes'' on this agreement, I urge my colleagues on both 
sides of the aisle to do the same, and I hope the Senate will move 
quickly to ratify the deal and send it to President Trump's desk so 
that the agreement can be implemented as quickly as possible for the 
American people.


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  Mr. NEAL. Madam Speaker, I yield such time as he may consume to the 
gentleman from South Carolina (Mr. Cunningham), and I want to recognize 
the critical role that he played in getting us to this bipartisan 
negotiation of USMCA.
  Mr. CUNNINGHAM. Madam Speaker, today, I am proud to rise in support 
of USMCA.
  As the Representative of South Carolina's Lowcountry, which is home 
to the Port of Charleston, Volvo, Bosch, JW Aluminum, Becton Dickinson, 
and countless other manufacturers, I know just how important market 
stability and trade certainty is to my constituents.
  I promised the people of the Lowcountry I would come to Washington to 
work with Democrats and Republicans in Congress, the White House, and 
anyone else necessary to find bipartisan, commonsense solutions to 
issues impacting our district. Passage of USMCA is a major step in that 
direction.

                              {time}  1300

  Nearly 30,000 jobs in our district are supported by trade with Mexico 
and Canada. This agreement is absolutely critical to maintaining good-
paying jobs and economic growth in the Lowcountry.
  I urge all of my colleagues on both sides of the aisle to support 
passage of the USMCA to bolster America's economy, support workers, and 
protect the environment.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Arkansas (Mr. Hill), my friend, a leader of trade policy in the George 
H.W. Bush administration.
  Mr. HILL of Arkansas. Madam Speaker, I rise today in support of the 
USMCA, and I want to congratulate my friends, Mr. Brady from Texas and 
Mr. Neal, for their leadership in the House Ways and Means Committee. 
It is a great victory for their hard work and perseverance.
  As a member of the USMCA Republican House Whip Team, I was proud to 
advocate on behalf of this much-needed update to NAFTA.
  Twenty-seven years ago, I worked for President Bush 41 and worked on 
supporting his goal of North America becoming the world's premier 
economic market. How pleased he would be to be here today and see this 
bipartisan support to update the North American trade market for a new 
generation.
  Impressive, indeed. We will take converts to free trade every day, 
even if some of them are overnight converts.
  The Senate must act expeditiously now to convert this dream to a 
reality and benefit the 100,000 Arkansans who live and die by trade 
with Canada and Mexico.
  Congratulations to President Trump and Ambassador Lighthizer on this 
historic victory, and Happy New Year to the economic region in North 
America.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentlewoman from 
Illinois (Mrs. Bustos), a well-regarded Congresswoman whose district I 
have visited.
  Mrs. BUSTOS. Madam Speaker, I appreciate Chairman Neal for yielding 
me the time.
  In my congressional district, I represent more than 9,600 family 
farms and 90,000 labor households. I have toured my district many times 
and was fortunate enough to bring the Speaker of the House into the 
State of Illinois over the summer to meet with our family farmers.
  Trade is one of the top issues people back home bring up to me, and 
the message that they deliver is loud and clear: We need a strong trade 
deal with broad-based support to help both America's farmers and our 
labor communities.
  I have worked to help bring parties to the table and reach a deal 
that works for everyone. I am proud to say that the United States-
Mexico-Canada trade agreement is that deal.
  The USMCA outlines protections for labor that will make America 
better prepared to expand opportunities for our workforce. It builds on 
trade relationships critical to our agriculture markets, and it 
represents the strongest trade enforcement mechanisms our country has 
ever seen.
  I am proud to cast my vote to support this step forward and to help 
build the foundation for future trade agreements.
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
South Dakota (Mr. Johnson), an agriculture leader from the Mount 
Rushmore State.
  Mr. JOHNSON of South Dakota. Madam Speaker, so often in this 
political environment, victories bring with them a winner, but many 
more losers. Today is different. Today is a celebration. Today brings 
with it a bounty of benefits to a multitude of winners.
  If you are a dairy family, today you are a winner.
  If you are a middle-class family, today you are a winner.
  If you grow wheat, if you write code, if you process cheese, you are 
a winner today.
  So often in this Chamber we lament deals that could have been, but 
today is a deal we are celebrating, with $2 billion of new agriculture 
exports, with 176,000 new jobs, with $68 billion of real growth in this 
economy.
  Madam Speaker, today, 300 million Americans are winners.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentlewoman from 
Ohio (Ms. Kaptur), a very good friend of mine.
  Ms. KAPTUR. Madam Speaker, I thank the chairman for yielding me the 
time.
  I rise in opposition to NAFTA 2, which has been rebranded the USMCA.
  First of all, it is being rushed through at the last moments of this 
session without the majority of Members even able to read it or 
participate in hearings on it.
  Number two, it will not stem the continental outsourcing of U.S. 
jobs, and, sadly, and most importantly, it will not achieve the real 
enforcement by the Governments of Mexico or the United States.
  For over 10 years, I have been trying to get the Government of Mexico 
to arrest and prosecute the brutal murderers of Santiago Cruz, a 
Mexican national fighting against the huge continental labor 
trafficking of his countrymen. He was educating his fellow farmworkers 
that they did not have to pay a bounty of $8,000 to come to this 
country to work in our fields as they became indentured workers.
  Despite my over 10 years of efforts to bring justice to his brutal 
killers, Mexico behaves as if this crime never occurred. Why should I 
believe Mexico will enforce anything?
  Furthermore, about a month ago, we saw the President of Mexico not 
able to keep control of his own streets, and he released the son of El 
Chapo, the drug lord. What makes you think this administration or the 
one in Mexico will do anything to enforce the laws that USMCA purports 
to support?
  I urge all of my colleagues to vote ``no.''
  Mr. BRADY. Madam Speaker, I yield 1 minute to the gentleman from 
Indiana (Mr. Baird).
  Mr. BAIRD. Madam Speaker, for several months now, I have been very 
vocal about the importance of passing the USMCA for Indiana. I have 
heard from constituents about their desire to get this deal done. I 
have also encouraged my colleagues to push for a vote.

  So I applaud the leadership to get this historic deal accomplished. 
Today's passage of USMCA will give businesses and farmers across our 
district increased opportunity to grow.
  In 2018, our State exported more than $18 billion to Mexico and 
Canada. Under USMCA, that number will rise.

[[Page H12265]]

  This trade deal is a big win for our automotive industry and 
agricultural community and for the protection of our intellectual 
property. With this improved trade agreement, we will see better market 
access and job growth here at home.
  I am proud to support the passage of USMCA and look forward to 
supporting more victories for the U.S. economy.
  Mr. NEAL. Madam Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Brindisi), a very accomplished gentleman.
  Mr. BRINDISI. Madam Speaker, I want to thank the chairman for 
yielding and thank him for his work and the work of the Trade Working 
Group for their tireless effort to get this deal done.
  I rise today in strong support of this legislation and for swift 
approval of USMCA.
  We need to make sure that New York's workers, farmers, and small 
businesses have a fair shot at success. That is why I worked hard with 
Members on both sides of the aisle and the administration to get this 
deal to the finish line.
  There are many reasons to support this agreement, such as stronger 
labor and environmental standards, but I will use my brief time to 
highlight the impact this will have on upstate New York's dairy 
farmers.
  I have heard from dairy farmers across upstate New York about the 
need to get more milk to market, boost milk prices, and crack down on 
unfair Canadian price supports, which USMCA will do.
  USMCA will help family farms, help manufacturers, and protect 
workers, and I urge swift passage of this agreement.
  Mr. BRADY. Madam Speaker, I am proud to yield 1 minute to the 
gentleman from Ohio (Mr. Davidson), a manufacturing champion.
  Mr. DAVIDSON of Ohio. Madam Speaker, I thank the chairman for 
yielding.
  It is an honor to stand in support of the U.S.-Mexico-Canada trade 
agreement.
  Trade is a vital part of our economy. It has made America the world's 
land of opportunity. We have been a vital part of the world's economy.
  Certainty is needed in trade right now. This deal certainly isn't 
perfect, but far too often here in Congress we let perfect become the 
enemy of good.
  Frankly, we have a choice between no NAFTA, NAFTA, or an improved 
NAFTA, so it is not a hard multiple choice test. It is an improvement, 
and I look forward to continuing to work to advance the cause of 
capitalism and free trade in the United States of America.
  Opportunities are going to make things better for Ohio's Eighth 
District, from manufacturing to agriculture, to financial services, and 
I thank everyone who has had a hand in making this come to fruition.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Mrs. Davis), a very capable Congresswoman.
  Mrs. DAVIS of California. Mr. Speaker, I thank Chairman Neal for 
yielding.
  Trade negotiations are not for the faint of heart. Few votes have 
generated more passion in this Chamber than votes on trade agreements. 
That is why I am so glad that we finally have an agreement that Members 
from both sides of the aisle can support.
  It is no secret why that is. This is an agreement that sets up, for 
the first time, facility-level inspections to make sure that workers' 
rights are being honored, and it removes the onerous IP provisions that 
have made their way into far too many trade agreements in recent years.
  Finally, as a Member from the San Diego region, it is important to 
have an agreement like this that both preserves and improves the 
binational partnership that defines the larger community.
  This agreement lays the groundwork for the Federal Government to 
finally address the longstanding pollution flowing from the Tijuana 
River into San Diego Bay, which impacts both the health of our 
community and our military.
  Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Michigan (Mrs. Dingell), a very capable Member of the House.
  Mrs. DINGELL. Mr. Speaker, I thank the chairman for all of his hard 
work on getting us here today.
  We have to be honest: This trade deal won't undo the deep damage 
NAFTA 1.0 has done to our American workers, American manufacturing, and 
our environment. Today, factories sit empty in Michigan and across my 
district, while workers are unable to compete with subpar nonunion 
workers in other countries.
  A new trade agreement is not just going to uproot those factories 
from overseas and bring them back home, but we fought hard to improve 
the original deal because what the Trump administration first proposed 
wasn't enough. Democrats fought for stronger labor and environmental 
standards and tougher enforcement mechanisms.
  This agreement has earned my vote because of the significant 
improvements made over the last year in NAFTA 1.0, but our work is 
still there to strengthen American manufacturing, protect our 
environment, invest in our workers, and make sure we keep America at 
the forefront of innovation and technology.
  Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Delgado), a very capable Congressman and my neighbor.
  Mr. DELGADO. Mr. Speaker, I thank the chairman for yielding.

  My district, New York's 19th Congressional District, is home to 
nearly 5,000 farms. These are not large or corporate operations. They 
are small family farms passed down from one generation to the next.
  These family farmers across my district--dairy, organic, vegetable, 
and diversified farmers--are being squeezed by market consolidation, 
lower prices, and unfavorable conditions during this downturn in the 
farm economy.
  Today, the House has an opportunity to provide a long-overdue tool 
for their success--in a word, stability. The USMCA will maintain and, 
in some cases, increase, for our farmers, access to critical markets in 
Canada and Mexico.
  I will cast my vote to ratify this important agreement with strength 
and protections for American workers and organized labor, as well as 
facility-specific enforcement mechanisms for these new terms.
  I will close with a reminder.
  This is not a panacea. Our small farmers are facing significant 
headwinds, and it is our duty, as a body, to support this time-honored 
tradition in upstate New York and across our country.
  Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I yield 30 seconds to the gentleman from 
Michigan (Mr. Levin), my friend.
  Mr. LEVIN of Michigan. Mr. Speaker, I thank my colleague for 
yielding.
  The threshold question for any NAFTA replacement must be whether it 
will finally stop the outflow of American jobs and raise the standard 
of living for Mexican, Canadian, and, of course, American workers.
  My Democratic colleagues have worked tirelessly to ensure NAFTA's 
replacement leads to positive change, and I thank them for their 
efforts which have improved the deal President Trump originally 
negotiated.
  But these improvements will not be enough to overhaul the entrenched 
system in Mexico that denies workers their rights, keeps wages 
unconscionably low, and, consequently, incentivizes companies to ship 
jobs to Mexico.
  The SPEAKER pro tempore (Mr. Brindisi). The time of the gentleman has 
expired.
  Mr. NEAL. Mr. Speaker, I yield the gentleman from Michigan an 
additional 30 seconds.
  Mr. LEVIN of Michigan. It incentivizes companies to ship jobs to 
Mexico and out of our communities like mine in southeast Michigan.
  Mexico has not demonstrated the will, meaningfully, to reform its 
labor system, and the weakness of USMCA's enforcement mechanisms mean 
that we will not be able to hold Mexico's feet to the fire when 
promised reforms do not occur.
  I genuinely hope I am wrong about this, but I fear we can expect the 
USMCA will perpetuate the harms of

[[Page H12266]]

NAFTA for Mexican and American workers alike; therefore, I oppose this 
legislation.

                              {time}  1315

  Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I yield 1 minute to the gentlewoman from Texas 
(Mrs. Fletcher), who is very capable.
  Mrs. FLETCHER. Mr. Speaker, I rise today in support of this USMCA 
agreement. In my home State of Texas, trade with Mexico and Canada 
accounts for billions of dollars and millions of jobs, many of them at 
the Port of Houston and in the greater Houston area.
  The USMCA modernizes the framework for our trade, strengthening 
enforcement, labor, and environmental provisions in an updated 
agreement that does not adversely impact our businesses, our workers, 
or our environment.
  It is also critical for our energy future, codifying a new zero-
tariff policy and further encouraging U.S. energy exports across North 
America for years to come.
  The agreement represents a true bipartisan accomplishment that will 
set the standard for future trade agreements.
  Mr. Speaker, I want to thank Chairman Neal, the working group, 
Ranking Member Brady, and Ambassador Lighthizer for their work. As 
cochair of the New Democrat Coalition Trade Task Force, I have been 
actively working with them to advance this agreement all year. I am so 
glad to see it come to the floor of the House. I encourage my 
colleagues to vote ``yes''.
  Mr. BRADY. Mr. Speaker, I reserve the balance of my time.
  Mr. NEAL. Mr. Speaker, I am prepared to close.
  Mr. BRADY. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, Texas is made for trade. No State ships or sells more 
around the world than the Lone Star State, and especially in my home 
region in the Houston area of the Eighth Congressional District of 
Texas.
  So many of our jobs depend on free and fair trade, almost 1 million 
in our State alone. The new USMCA is incredibly vital and incredibly 
important for us because our two largest trading partners are our 
friend and neighbor, Mexico, and Canada as well.
  I want to thank President Trump for bringing this trade agreement to 
reality. Like other Presidential candidates, he pledged to renegotiate 
NAFTA. Unlike any others, he delivered. He was convinced that we could 
rebuild bipartisan trade here in America by insisting on a fair and 
level playing field for American workers, and he was exactly right.
  Earlier, when he championed tax reform, he did that because every 
expert and every other Presidential candidate, including Democrats, 
said: manufacturing in America is dead, just give up, it won't come 
back.
  He believed otherwise, and so did Republicans; and because of our GOP 
tax cuts and his balanced regulations, we have created over a half a 
million new manufacturing jobs right here in America over the last 2 
years.
  I want to thank Ambassador Robert Lighthizer for being the architect 
of this trade agreement. I will tell you, Mr. Speaker, I was a skeptic 
when he said that we can rebuild bipartisan trade and we can fulfill 
many of the Democrats' labor and environmental wishes that no other 
President had ever delivered. So he proved me wrong.
  Working closely with Chairman Neal and others, he, in the original 
trade agreement of the USMCA a year ago, produced the most pro-labor 
and pro-environmental trade agreement in American history. In the last 
few months he has worked closely with Democrats to fine-tune that 
agreement so that these issues are enforceable. Republicans support 
that enforcement.
  I also appreciate the leadership of Chairman Neal, without whom we 
would not be here today. And I want to especially thank my trade staff 
led by the remarkable Angela Ellard, Josh Snead, David Giordano, and 
someone whose last day is with us here, Blake Harden as well.
  During my time on the Ways and Means Committee, I have been proud to 
help lead the passage of 12 of the trade agreements America has in 
place today and two updates of the Trade Promotion Authority that lays 
out the trade rules for the White House and Congress to follow. So for 
me this is number 13.
  I believe in the freedom to trade, and I truly believe it is the 
greatest economic freedom we possess. It lays at the heart of our free 
enterprise system. As Thomas Jefferson wrote: ``Commerce with other 
nations is not only necessary and beneficial to all parties, it is a 
right and a duty.''
  It is the freedom to buy, sell, and compete anywhere in the world 
with as little government interference as possible. It is a freedom 
that if we build a better mousetrap, then we can sell it anywhere in 
the world; and when someone else builds a better mousetrap, then we 
have the freedom to buy it for our family and for our business. That 
economic freedom has lifted millions out of poverty and provided 
opportunity, prosperity, and peace, not just for ourselves but for the 
world.
  That is why it was so disappointing the Democrats held up moving 
forward on this agreement for so long because every day of delay helped 
China, helped Europe, and helped other countries. This was long 
overdue.
  But the truth of the matter is, we are here today and we have pulled 
together in a historic vote. America is made for trade, and with our 
new, strong economy--the most competitive economy today in the world--
we need more customers all around the world. That is what this trade 
agreement does. It delivers on new customers and delivers on new 
prosperity.
  I will close with this, Mr. Speaker. On the Ways and Means Committee 
I hold a seat formerly held by President George H. W. Bush and former 
Chairman Bill Archer. When President Bush signed this agreement in San 
Antonio, he said this so many years ago:

       This agreement is an achievement of three strong and proud 
     nations and expresses our confidence in economic freedom and 
     personal freedom in our people's energy and enterprise.

  It is an honor to vote today in support of the States U.S.-Mexico-
Canada agreement that embraces and enhances economic and personal 
freedom. Members of Congress should take pride in this work that they 
have put in to make today's debate on today's trade agreement a 
reality.
  Mr. Speaker, I yield back the balance of my time.
  Mr. NEAL. Mr. Speaker, I yield myself the balance of my time.
  So on this occasion, Mr. Speaker, we conclude after 14 months of 
negotiating a hemispheric trade agreement--no small matter and no small 
accomplishment. It included a visit with the delegation to Mexico to 
meet with the President of Mexico, President Lopez Obrador. It included 
a delegation that visited Prime Minister Trudeau in Canada and intense 
negotiations in both countries, and I think it is fair to say that the 
conversations in both countries were indeed very spirited.
  But before I go to more of the specifics, we would not have gotten 
here without some very important and critical moments of focused and 
diligent work by Members of the House and the staff that got us to 
where we are today.
  First, an acknowledgment to Speaker Pelosi, who from day one said 
that the game plan is to get to yes. Her leadership to get the deal 
across the line, I think, was matched almost by her top trade adviser, 
Katherine Monge.
  Let me thank the working group members, Trade Subcommittee Chairman 
Blumenauer and his staff Laura Thrift and David Skillman; 
Representative Thompson and his staff, Jennifer Goedke; Representative 
Larson and his staff, Scott Stephanou; Representative Terri Sewell and 
her staff, Rob Nuttall; Representative  Jim Gomez and his staff, Sam 
Negatu; Representative Rosa DeLauro and her staff, Jack Spasiano; 
Representative Schakowsky and her staff, Syd Terry and Osaremen Okolo; 
and Representative Suzanne Bonamici and her staff, Allison Smith.
  I want to thank the House Legislative Counsel, Mark Synnes and 
Kalyani Parthasarathy for their expertise, creativity, and many hours 
of hard and good work with our staff to prepare this legislation that 
is more than 200 pages long. They represent the very best of this 
institution's professionalism.
  For the support of colleagues and staff that I received from the 
diplomatic corps in Mexico City and Ottawa, we should express our 
gratitude as well to Ms. Elizabeth Hoffman at

[[Page H12267]]

our Embassy in Mexico City for her extraordinary talents and efforts to 
support our attempts as we got to yes.
  I have great confidence and belief in the staff members at the Ways 
and Means Committee, and, yes, on both sides. So I want to thank my 
committee staff who have worked tirelessly on this agreement: Chief 
Trade Counsel and staff director of the Trade Subcommittee, Katherine 
Tai, who led us through the process along with her staff, Keigan Mull, 
Julia Friedman, Katie White, Alexandra Whittaker, John Catalfamo, and 
Kate Connor Linton. They were supported by a cast of very bright 
fellows and interns, Brishailah Brown, Chenoa Lee, and Tiffany 
Venmahavong.
  I also want to thank our colleagues across the aisle. Especially I 
want to acknowledge today the role that Ambassador Robert Lighthizer 
played in this. There is something to be said for the experience of 
Capitol Hill and having been a former staff member. Time and again we 
thought we weren't going to get to where we wanted to be. And there 
were some moments, I would say, of incendiary commentary back and 
forth. Though there were many threats to leave the negotiation, it 
never materialized because a long walk through this Capitol can solve a 
lot of challenges.
  Mr. Brady was invaluable as well, and his committee staff, Angela 
Ellard, Josh Snead, Blake Harden, and David Giordano all played a very 
important role here.
  This really is a bipartisan agreement, and I hope and expect that the 
challenges to USMCA will allow H.R. 5430 to enjoy broad, bipartisan 
support.
  I certainly am urging support for this because of the following: it 
bolsters workers' rights; it corrects earlier Trump administration 
backsliding on environmental obligations to get us to this trade 
agreement; it eliminated many big giveaways to companies that would 
have locked in high medicine prices, and it preserves Congress' freedom 
to legislate to bring those prices down; and it incorporates the 
strongest enforcement mechanisms, including specifically enhanced 
mechanisms for enforcing labor rights in any U.S. trade agreement.
  There are three titles that are devoted to the United States 
Government and our role: monitoring and enforcement of USMCA partners' 
obligations, monitoring and enforcement of USMCA partners' 
environmental obligations, and more than $843 million over 4 years that 
will be dedicated to monitoring and enforcement of labor and 
environmental obligations, including funds for education and training 
of workers and inspectors.
  We would not have gotten here today, however, without the important 
considerations of organized labor and the honorable men and women of 
the AFL/CIO and the Teamsters. We had broad support by including them 
in the negotiation and the discussions. This agreement is much the 
better for it, but it also is the signature accomplishment for all of 
us who had a chance to participate in it.
  Every once in a while, Mr. Speaker, you get to participate in these 
it-will-never-happen moments, and I believe that this indeed is one of 
them. So we also thank the NETWORK Lobby for Catholic Social Justice, 
American Chemistry Council, Association for Accessible Medicines, 
Coalition of Services Industries, Farmers for Free Trade, Information 
Technology Industry, the National Association of Manufacturers, the 
National Council of Textiles Organizations, The Software Alliance, and, 
indeed, many others.
  I hope that this will serve as a template going forward for the two 
sides to reach a combination on many of the priorities that expire this 
year that we will include next year. But, also, I think it is an 
example of when men and women in this institution of goodwill--not just 
in the season--but men and women of goodwill can find common occurrence 
and common ground on an issue, in the end, that is really important to 
all members of the American family.
  Mr. Speaker, I yield back the balance of my time.


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  Mr. DeFAZIO. Mr. Speaker, twenty-five years ago, I strongly opposed 
and helped lead the opposition against the North American Free Trade 
Agreement (NAFTA). While our efforts narrowly failed in the House, I 
was proud to vote against it.
  Then-President Clinton said that the North American Free Trade 
Agreement (NAFTA) would create thousands of good-paying U.S. jobs and 
would result in trade surpluses between $9-$12 billion. The reality, 
however, couldn't be further from the truth, and NAFTA has been an 
absolute disaster.
  After railing against NAFTA and promising to deliver a dramatically 
improved deal or withdraw from the agreement altogether, President 
Trump and his administration delivered the United States-Mexico-Canada 
Agreement (USMCA). By all accounts, the USMCA was nothing more than a 
continuation of NAFTA's same failed policies.
  After months of extensive negotiations between House Democrats and 
the U.S. Trade Representative (USTR), important improvements have been 
made to the USMCA on a number of issues, including improvements I have 
long fought for and helped secure.
  After extensive work with USTR, I am proud to have secured provisions 
in the USMCA that will better enable the U.S. to safeguard our roads. 
The deal includes language that allows the United States to restrict 
domestic long-haul services by Mexican trucks in the event of material 
harm to U.S. trucking suppliers, operators, and drivers. I am pleased 
that this restriction provides teeth to protect the U.S. trucking 
industry from unfair trade practices by Mexican motor carriers, and 
provides for consideration of impacts on driver wages and working 
conditions, to avoid a race to the bottom in trucking.
  I am also pleased that damaging provisions that would have kept 
prescription drug costs high have been removed. House Democrats were 
able to successfully negotiate the removal of provisions that would 
have kept cheaper, generic drugs off the market longer.
  Working Americans have been waiting for more than two decades for the 
opportunity to fix NAFTA's failed policies. Throughout my career I have 
fought for a truly transformative replacement that supports American 
workers while safeguarding the environment and protecting consumers. 
While it is an improvement from NAFTA, I do not believe that the USMCA 
is that transformative deal, and, as a result, I will be voting against 
it today.
  The fact of the matter is that there is a deeply entrenched system of 
wage and rights suppression in Mexico. Hundreds of thousands of U.S. 
jobs were lost to Mexico as a result of this system, and these jobs 
aren't coming back to our country. Without upending this entrenched 
system altogether, we will not be able to raise wages and standards for 
Mexican workers, which means we will continue to struggle to prevent 
the hemorrhaging of American jobs that are being outsourced to low wage 
jobs in Mexico. I do not believe Mexico has devoted the funding or the 
staffing necessary for these changes, nor do I believe this agreement 
goes far enough in ensuring that workers and the U.S. have the remedies 
needed to prevent abuses from continuing to occur moving forward. 
Democratic and Republican administrations have shirked their 
responsibilities to fight for higher labor standards and fair trade 
policies, and I do not believe this agreement does enough to prevent 
those kind of abuses moving forward.
  Further, the Republican tax bill enacted in 2017 actually promotes 
outsourcing by allowing multinational corporations to cut their tax 
rate in half if they shut a factory in the U.S. and move it to Mexico. 
I will reintroduce legislation next year to eliminate this incentive.
  Beyond this, the USMCA is at its core a deal that will continue to 
promote pro-polluter, climate-denying policies. There are no 
substantive provisions to seriously curb air and water pollution, the 
deal completely ignores climate change, and its environmental 
enforcement mechanism is not nearly strong enough. We need to do much 
more to take bold steps to address climate change and to curb corporate 
polluting.
  I am also disappointed that the administration abandoned its original 
position to eliminate chapter 19. I have long called for the 
elimination of this unconstitutional chapter which allows foreign 
tribunals to overrule U.S. trade protections against heavily subsidized 
foreign imports, and I am disappointed that the administration 
acquiesced to Canada.
  While I don't believe this agreement sets forward a bold vision for a 
21st century trade agreement, the reality is that this agreement will 
become law, and that means the real work of monitoring and enforcing 
the new provisions will begin. I will push for robust oversight and 
enforcement of the labor and environmental standards and work to ensure 
that any and all flaws are appropriately addressed when the USMCA's 
sunset provisions kick-in six years from now.
  I have spent my entire career fighting on behalf of the American 
worker, including voting against every so-called free trade deal 
proposed to Congress that undermines our workforce and enables the 
destruction of our environment. I will continue to fight for truly 
transformative deals that create a new standard for how trade 
agreements should support the U.S. and its people.

[[Page H12268]]

  Mr. Speaker, despite President Trump's promises to fix NAFTA and make 
a perfect trade agreement that will bring jobs back to the United 
States, the NAFTA 2.0 agreement signed last year prioritized 
corporations over American workers. Democratic lawmakers negotiated 
vigorously to improve the shoddy 2018 agreement, and they should be 
applauded for their work on the U.S. Mexico Canada Agreement (USMCA). 
The USMCA marks a significant improvement over the NAFTA 2.0 agreement 
on issues related to labor standards. The USMCA establishes labor 
specific enforcement mechanisms, removes NAFTA's Investor-State Dispute 
Settlement (ISDS) regime, and eliminates huge giveaways to the 
pharmaceutical industry. While significant strides were made, the 
agreement ultimately falls short of the critical labor and 
environmental needs that face our country today. Although I regretfully 
had to miss today's vote due to a family emergency, I would have voted 
no on the USMCA.
  The USMCA does take long-overdue steps to improve conditions for 
Mexican workers and remove incentives for companies to move American 
jobs to Mexico. To be clear, this agreement will do nothing to bring 
back hundreds of thousands of manufacturing jobs to the U.S., and the 
Republican's tax bill signed into law last year still contains major 
incentives for corporations to outsource and offshore jobs. Mexico's 
promise to provide new labor protections, and the new rules included in 
this agreement, will help many workers in Mexico. However, the USMCA's 
enforcement mechanisms simply will not do enough to ensure these new 
rules are followed and could make it impossible for the U.S. to hold 
Mexico responsible if these promised reforms do not take effect.
  Unfortunately, USMCA fails to address our climate crisis and 
adequately protect our environment. The agreement does not include 
enforcement of the Paris Climate Agreement or even the phrase ``climate 
change.'' It leaves intact NAFTA's incentives for corporations to dodge 
clean energy policies in the U.S. and leaves enforcement to a NAFTA-
style interagency committee with little authority beyond writing 
reports. The agreement would not address documented pollution dumping 
and sets no limits on air, water, or land pollution. The deregulatory 
standards would also make it even harder for the U.S. to set new 
environmental regulations in the future. It was impossible for me to 
support this agreement without significantly more robust and binding 
environmental standards.
  I respect and appreciate the hard work and dedication of my 
Democratic colleagues in transforming President Trump's terrible NAFTA 
2.0 agreement into a more robust and fair USMCA. However, because of 
the weak environmental standards and the lack of robust enforcement of 
labor rights, I cannot support it.
  Mr. MEEKS. Mr. Speaker, I rise in strong support of the US-Mexico-
Canada Agreement Implementing Act. Updating NAFTA is crucial to 
America's workforce and our economy. Our vote today is not just about a 
trade bill. For our nation, trade has never been singularly about the 
exchange of goods and services across borders. This bill is about 
making monumental progress in the fundamental framework of trade 
negotiations. It is about America's competitive edge, the rights of our 
workers, the stewardship of our environment, and so much more.
  Millions of American jobs depend on trade with Canada and Mexico. 
NAFTA is a 25-year-old agreement that has long needed an upgrade to 
meet the demands of our times. American workers and American businesses 
deserve the best possible update that we can negotiate, I believe that 
is precisely what we have here.
  As a member of the New Democrat Coalition, and a strong supporter of 
international trade, I have for years fought for the advancement of key 
New Dem priorities to be included in trade bills. With USMCA I am 
pleased that under Speaker Pelosi's leadership Democrats negotiated for 
many of these priorities and they are in this agreement.
  I am proud that we fought for and secured stronger labor and 
environmental provisions and the elimination of language in the 
implementing bill that would have allowed the administration to 
unilaterally lower the U.S. de minimis threshold.
  The great state of New York shares a border with Canada. New York's 
connection with its top trading partner, Canada, is strengthened in 
this agreement. With USMCA, New York's sixteen billion dollars in 
exports to Canada can increase, jobs are secured, and we lay the 
groundwork for deeper economic ties while making progress in the best 
interest of citizens throughout North America.
  America's strength has always been undergirded by our prowess in 
trade. New York has a special place in American history in that regard. 
With USMCA we safeguard our nation's ability to compete, while being 
caretakers of our environment and upholding the rights of our workers. 
After 14 months of negotiations, I am proud to support this bipartisan 
agreement, and push forward the framework for trade agreements in the 
years to come. I urge my colleagues to join me in supporting H.R. 
5430--The United States-Mexico-Canada Agreement Implementation Act.
  Mr. VISCLOSKY. Mr. Speaker, I rise today to oppose the United States-
Mexico-Canada Agreement (USMCA).
  Throughout my entire career, I have heard the promises of free trade 
agreements, yet have seen the subsequent challenges faced by 
steelworkers and the American manufacturing industry.
  Specifically, the North American Free Trade Agreement (NAFTA) was 
rationalized on the promise of creating good-paying American jobs. 
Instead, this agreement contributed to the loss of over 700,000 
American jobs through outsourcing and suppressed American wages. NAFTA 
has also led to the degradation of our environment through the lack of 
strong environmental protections and the consequent increase of 
greenhouse gas emissions in North America.
  While I recognize that the USMCA appears to be an improvement over 
NAFTA, I remain deeply skeptical that it does enough.
  For example, the USMCA includes a provision for enforcing labor 
standards. However, there is a lack of clarity on timelines for certain 
steps throughout the investigation process, which could delay enforcing 
penalties on violators of the agreement. I also remain leery that our 
trading partners have not demonstrated the commitment, fortitude, or 
track record to faithfully execute the labor protections detailed in 
this agreement.
  Additionally, the USMCA includes a provision to require 40 to 45 
percent of the vehicles made in the United States, Mexico, and Canada 
to be made by workers who earn--on average--at least $16 per hour. 
However, the calculation requirements for the average wage allows for 
the inclusion of wages related to research, development, and 
information technology employees, which could cause the continued 
suppression of wages for American manufacturing employees.
  Further, in regard to environmental protections, the USMCA includes a 
provision that recognizes pollution as a threat to public health. 
However, it does not create binding standards and omits essential 
limits on air, water, and land pollution, which could create more 
challenges for future generations.
  Finally, I would emphasize that advancing the USMCA to the full House 
for a vote within a week of receiving the text circumvents Congress' 
responsibility to the American people to thoroughly examine this 
agreement, which will have profound implications for our workers, our 
economy, and our environment. I am especially disappointed that this 
process has not afforded all Members of Congress a real opportunity to 
debate, amend, or improve this text before final passage.
  If we have learned anything from the negative impacts of NAFTA and 
other free trade agreements, let it be that all Americans and all 
American workers deserve thoughtful, secure, and truly enforceable 
trade agreements.
  Ms. JOHNSON of Texas. Mr. Speaker, I rise in strong support of H.R. 
5430, the United States-Mexico-Canada Agreement Implementation Act. 
This legislation ratifies the USMCA, an update to the North American 
Free Trade Agreement agreed to by the governments of the United States, 
Canada and Mexico last year.
  Over the past year, House Democrats have made the USMCA a better deal 
for the American people. New provisions in this trade agreement improve 
the original language by strengthening provisions related to labor and 
the environment. Most importantly, House Democrats fought hard to 
ensure Congress kept its authority to address the rising costs of 
prescription drugs by stripping out a giveaway to the pharmaceutical 
industry that would have locked in high prices for biologics across 
North America.
  As the dean of the Texas Congressional Delegation, I know how 
important trade is to my state. This is an issue that unites Democrats 
and Republicans across Texas. Whenever trade is brought up, everyone 
pays attention because it's one of the drivers of our economy. In North 
Texas, Canada is one of our largest trading partners, and many goods 
that are transferred between the three countries in this agreement make 
their way through North Texas either on our highways, through the DFW 
International Airport, or through the Union Pacific Dallas 
International Terminal Inland Port in my district. While the energy 
sector created jobs and built the economy in North Texas, NAFTA and 
other trade agreements have only made our economy stronger.
  Last year, I invited Ambassador Lighthizer to speak to the Texas 
Congressional Delegation about the USMCA and the profound impact it 
would have on our state. Ambassador Lighthizer and his staff at the 
office of the United States Trade Representative held similar meetings 
with other congressional delegations and working groups so that they 
could

[[Page H12269]]

understand all points of view on this agreement. Their willingness to 
work tirelessly alongside House Democrats to make this agreement a 
better deal for the American people deserves recognition.
  Mr. Speaker, trade policy shouldn't be an issue that divides the 
members of this chamber on partisan or regional lines. We see here 
today what can be done when both sides come together to advance the 
causes of American workers, farmers and consumers. I strongly urge my 
colleagues to vote for this bill.
  Mr. HOLDING. Mr. Speaker, it has been over a year since President 
Trump successfully negotiated the United States-Mexico-Canada 
Agreement.
  This is a good deal that will benefit every corner of the country. 
USMCA will empower businesses of all sizes to grow and create jobs, and 
it is a substantial improvement over NAFTA.
  Mr. Speaker, as it turns out this week is the 116th Anniversary of 
the Wright Brothers making the first flight in a powered aircraft. As 
we all know, the Wright Brothers were innovators and they traveled to 
North Carolina for this historic achievement.
  To this day, North Carolina continues to attract the world's most 
creative and innovative workforce. One prime example is the enormous 
amount of pharmaceutical research that takes place. Lifesaving drugs 
are being made in my back yard and the world is better off for it.
  This Administration was successful in getting Mexico and Canada to 
raise their exclusivity protections for cutting-edge biologic drugs. 
This was a monumental achievement. It is incredibly disappointing that 
Democrats sought to weaken these standards and actively worked against 
American innovators. These standards would have protected the hard work 
that is done by our health care industry as they work to come up with 
new cures and save more lives.
  By striping these protections from the final agreement--Congressional 
Democrats have effectively kneecapped the dedicated scientists, doctors 
and manufacturers working around the clock to develop new cures.
  I have a tough time understanding why American lawmakers would 
actively advocate against the interest of American companies trying to 
do business abroad.
  Ensuring that American innovators' rights are protected in Mexico and 
Canada would have had no impact on drug pricing. The Ways and Means 
Committee has been over that topic before, and to insinuate that there 
is a correlation between protecting our inventions in Mexico and higher 
drug prices in the U.S. is disingenuous.
  While I support the USMCA, the absence of these protections is a 
missed opportunity and we should do better.
  Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, trade with Canada 
and Mexico is a crucial component of our economy. Last year, the U.S. 
exported just over $565 billion in goods to these two nations. It is 
estimated that approximately 12 million American jobs rely on North 
American trade.
  Our Nation's trade partnership with Canada and Mexico is particularly 
important for our state and local economies. In Puerto Rico, for 
example, exports to these two countries totaled $1.38 billion in 2018. 
This represents an increase of 161 percent from pre-NAFTA levels in 
1993, when exports from the Island to Canada and Mexico totaled just 
$528.8 million.
  Our economy clearly requires that we preserve and strengthen U.S. 
trade ties with Canada and Mexico. To achieve this, we must pass the 
U.S.-Mexico-Canada Agreement, or USMCA.
  USMCA would not only ensure that U.S. manufacturers, farmers, and 
service providers can continue to access the Canadian and Mexican 
markets, but it would also rebalance and modernize NAFTA--our outdated 
trade agreement--into a 21st century, high-standard trade deal.
  For instance, USMCA creates a new digital trade chapter and includes 
provisions to strengthen intellectual property (IP) protections 
critical to driving innovation. This is particularly important for 
jurisdictions like Puerto Rico, which is the top U.S. exporter of 
pharmaceutical and medicine products.
  USMCA similarly seeks to level the playing field for workers by 
including enforceable labor standards. It is also the first trade 
agreement with a chapter focusing specifically on small and medium-
sized businesses to help them grow and reach new markets.
  The U.S. International Trade Commission estimates that USMCA would 
boost GDP by $68.2 billion and would add roughly 176,000 jobs.
  USMCA is a clear win for our Nation.
  Mr. RESCHENTHALER. Mr. Speaker, I rise in support of the United 
States-Mexico-Canada Agreement (USMCA) negotiated by President Trump 
which will generate new economic opportunities for Pennsylvania workers 
and families.
  Thanks to President Trump's economic policies, earlier this year, 
Pennsylvania's unemployment hit an all-time low of 3.8 percent. In his 
first two years in office, the president fostered job and wage growth 
by enacting the largest tax reform in 31 years and cutting burdensome 
regulations that handcuffed Pennsylvania employers. But it's the USMCA, 
his rewrite of the North American Free Trade Agreement, that promises 
to be an even greater boon for my state's economy and the nation.
  Pennsylvania is uniquely positioned to benefit from the USMCA given 
our strong ties with Canada and Mexico. In 2017 alone, Pennsylvania 
exported over $10 billion worth of goods to Canada and over $4 billion 
worth of goods to Mexico. Nearly 500,000 jobs across the state are 
supported by U.S. trade with our North American neighbors. By removing 
the red tape required to trade, we can empower job creators to grow 
their businesses and hire even more workers.
  Importantly, the USMCA improves access to international markets for 
many of the industries that drive our state's economy. Pennsylvania 
farmers currently export over $1 billion in goods each year to Canada 
and Mexico. This agreement creates even more export opportunities by 
eliminating Canada's protectionist dairy program and opening access for 
chicken and egg exports.
  U.S. manufacturing is another key sector that will enjoy new 
protections under the USMCA. The deal includes stronger rules of 
origin, meaning more goods and materials, including Pennsylvania steel, 
will be manufactured in the U.S. Further, the agreement puts in place 
new enforceable labor standards to level the playing field for American 
workers and includes new commitments to address non-tariff barriers 
that currently hinder trade.
  The USMCA also includes, for the first time ever, a chapter dedicated 
to digital trade. I applaud the administration's work to promote 
digital trade and protect the intellectual property of American 
innovators. In my district alone, nearly 1,000 people are employed by 
the movie and television industry and rely on this work to pay their 
bills and feed their families. It is critical that we build upon the 
strengths and accomplishments of the USMCA and ensure future trade 
deals leave adequate space for Congress to work together with the 
president and American creators to reform and update current copyright 
laws, including Section 512 of the Digital Millennium Copyright Act, 
which was written in 1998 and has not kept up with the times. Future 
trade deals should exclude this provision so that Congress can work in 
a bipartisan manner to ensure U.S. law better protects the creative 
professionals living in my district and across the nation.
  Mr. Speaker, President Trump has already fostered an economic 
resurgence through his pro-growth policies, and the USMCA will further 
that progress. I am proud to support USMCA today.


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  December 19, 2019, on page H12269, ``*ERR08*'' inadvertently 
appeared at one place.
  
  The online version has been corrected to delete the inadvertent 
text.


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  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to the order of the House of December 16, 2019, the previous 
question is ordered.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. NEAL. Mr Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________