[116th Congress Public Law 113]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 11]]

Public Law 116-113
116th Congress

                                 An Act


 
  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. <<NOTE: Jan. 29, 
                         2020 -  [H.R. 5430]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: United States-
Mexico-Canada Agreement Implementation Act. Exports and imports.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 19 USC 4501 note.>>  Short Title.--This Act may be cited 
as the ``United States-Mexico-Canada Agreement Implementation Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.

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

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

                      TITLE II--CUSTOMS PROVISIONS

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

         TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES

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

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

    Subtitle C--United States-Mexico Cross-Border Long-Haul Trucking 
                                Services

Sec. 321. Definitions.
Sec. 322. Investigations and determinations by Commission.

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Sec. 323. Commission recommendations and report.
Sec. 324. Action by President with respect to affirmative determination.
Sec. 325. Confidential business information.
Sec. 326. Conforming amendments.
Sec. 327. Survey of operating authorities.

             TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES

                   Subtitle A--Preventing Duty Evasion

Sec. 401. Cooperation on duty evasion.

                Subtitle B--Dispute Settlement [reserved]

                    Subtitle C--Conforming Amendments

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

                     Subtitle D--General Provisions

Sec. 431. Effect of termination of USMCA country status.
Sec. 432. Effective date.

            TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS

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

             TITLE VI--TRANSITION TO AND EXTENSION OF USMCA

                   Subtitle A--Transitional Provisions

Sec. 601. Repeal of North American Free Trade Agreement Implementation 
           Act.
Sec. 602. Continued suspension of the United States-Canada Free-Trade 
           Agreement.

         Subtitle B--Joint Reviews Regarding Extension of USMCA

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

                    Subtitle C--Termination of USMCA

Sec. 621. Termination of USMCA.

               TITLE VII--LABOR MONITORING AND ENFORCEMENT

Sec. 701. Definitions.

 Subtitle A--Interagency Labor Committee for Monitoring and Enforcement

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

                    Subtitle B--Mexico Labor Attaches

Sec. 721. Establishment.
Sec. 722. Duties.
Sec. 723. Status.

            Subtitle C--Independent Mexico Labor Expert Board

Sec. 731. Establishment.
Sec. 732. Membership; term.
Sec. 733. Funding.

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Sec. 734. Reports.

                        Subtitle D--Forced Labor

Sec. 741. Forced labor enforcement task force.
Sec. 742. Timeline required.
Sec. 743. Reports required.
Sec. 744. Duties related to Mexico.

      Subtitle E--Enforcement Under Rapid Response Labor Mechanism

Sec. 751. Transmission of reports.
Sec. 752. Suspension of liquidation.
Sec. 753. Final remedies.

           TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT

Sec. 801. Definitions.

    Subtitle A--Interagency Environment Committee for Monitoring and 
                               Enforcement

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

                        Subtitle B--Other Matters

Sec. 821. Border water infrastructure improvement authority.
Sec. 822. Detail of personnel to Office of the United States Trade 
           Representative.

               Subtitle C--North American Development Bank

Sec. 831. General capital increase.
Sec. 832. Policy goals.
Sec. 833. Efficiencies and streamlining.
Sec. 834. Performance measures.

          TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

SEC. <<NOTE: 19 USC 4501.>>  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. <<NOTE: 19 USC 4502.>>  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)).

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            (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. <<NOTE: 19 USC 4511.>>  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 <<NOTE: President. Time period. Notification.>>  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

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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. <<NOTE: 19 USC 4512.>>  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. <<NOTE: President. 19 USC 4513.>>  103. IMPLEMENTING ACTIONS 
                        IN ANTICIPATION OF ENTRY INTO FORCE; 
                        INITIAL REGULATIONS; TARIFF PROCLAMATION 
                        AUTHORITY.

    (a) Implementing Actions.--
            (1) Proclamation authority.--After the date of the enactment 
        of this Act--
                    (A) the President may proclaim such actions, and
                    (B) other appropriate officers of the United States 
                Government may prescribe such regulations,
        as may be necessary to ensure that any provision of this Act, or 
        amendment made by this Act, that takes effect on the date on 
        which the USMCA enters into force is appropriately implemented 
        on such date, but no such proclamation or regulation may have an 
        effective date earlier than the date on which the USMCA enters 
        into force.
            (2) Effective date of certain proclaimed actions.--Any 
        action proclaimed <<NOTE: Federal Register, publication.>>  by 
        the President under the authority of this Act that is not 
        subject to the consultation and layover

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        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) <<NOTE: Deadlines.>>  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) <<NOTE: Determinations.>>  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.

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            (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) <<NOTE: Time period.>>  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. <<NOTE: 19 USC 4514.>>  104. CONSULTATION AND LAYOVER 
                        PROVISIONS FOR, AND EFFECTIVE DATE OF, 
                        PROCLAIMED ACTIONS.

    If a provision <<NOTE: President.>>  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--

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            (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) <<NOTE: Hearings.>>  the International Trade 
                Commission, which shall hold a public hearing on the 
                proposed action before providing advice regarding the 
                proposed action;
            (2) <<NOTE: Reports.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 19 USC 4515.>>  105. ADMINISTRATION OF DISPUTE 
                        SETTLEMENT PROCEEDINGS.

    (a) United States Section of Secretariat.--
            (1) <<NOTE: President.>>  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

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            (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. <<NOTE: 19 USC 4516.>>  106. TRADE REPRESENTATIVE AUTHORITY.

    If a country (other than the United States) that has signed the 
USMCA does not enact implementing legislation, the Trade Representative 
is authorized to enter into negotiations with the other country that has 
signed the USMCA to consider how the applicable provisions of the USMCA 
can come into force with respect to the United States and that other 
country as promptly as possible.
SEC. <<NOTE: 19 USC 4501 note.>>  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) <<NOTE: President.>>  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) <<NOTE: 19 USC 3602 note.>>  Effective Date.--

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            (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. <<NOTE: 19 USC 4531.>>  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

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                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.

[[Page 134 STAT. 22]]

            (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.

[[Page 134 STAT. 23]]

            (20) Royalties.--The term ``royalties'' means payments of 
        any kind, including payments under technical assistance or 
        similar agreements, made as consideration for the use of, or 
        right to use, a copyright, literary, artistic, or scientific 
        work, patent, trademark, design, model, plan, or secret formula 
        or secret process, excluding payments under technical assistance 
        or similar agreements that can be related to a specific service 
        such as--
                    (A) personnel training, without regard to where the 
                training is performed; or
                    (B) if performed in the territory of one or more 
                USMCA countries, engineering, tooling, die-setting, 
                software design and similar computer services, or other 
                services.
            (21) Sales promotion, marketing, and after-sales service 
        costs.--The term ``sales promotion, marketing, and after-sales 
        service costs'' means the costs related to sales promotion, 
        marketing, and after-sales service for the following:
                    (A) Sales and marketing promotion, media 
                advertising, advertising and market research, 
                promotional and demonstration materials, exhibits, sales 
                conferences, trade shows, conventions, banners, 
                marketing displays, free samples, sales, marketing, and 
                after-sales service literature (product brochures, 
                catalogs, technical literature, price lists, service 
                manuals, and sales aid information), establishment and 
                protection of logos and trademarks, sponsorships, 
                wholesale and retail charges, and entertainment.
                    (B) Sales and marketing incentives, consumer, 
                retailer, or wholesaler rebates, and merchandise 
                incentives.
                    (C) Salaries and wages, sales commissions, bonuses, 
                benefits (such as medical, insurance, and pension 
                benefits), traveling and living expenses, and membership 
                and professional fees for sales promotion, marketing, 
                and after-sales service personnel.
                    (D) Product liability insurance.
                    (E) Rent and depreciation of sales promotion, 
                marketing, and after-sales service offices and 
                distribution centers.
                    (F) Payments by the producer to other persons for 
                warranty repairs.
                    (G) If the costs are identified separately for sales 
                promotion, marketing, or after-sales service of goods on 
                the financial statements or cost accounts of the 
                producer, the following:
                          (i) Property insurance premiums, taxes, 
                      utilities, and repair and maintenance of sales 
                      promotion, marketing, and after-sales service 
                      offices and distribution centers.
                          (ii) Recruiting and training of sales 
                      promotion, marketing, and after-sales service 
                      personnel, and after-sales training of customers' 
                      employees.
                          (iii) Office supplies for sales promotion, 
                      marketing, and after-sales service of goods.
                          (iv) Telephone, mail, and other 
                      communications.
            (22) Self-produced material.--The term ``self-produced 
        material'' means a material that is produced by the producer of 
        a good and used in the production of that good.

[[Page 134 STAT. 24]]

            (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

[[Page 134 STAT. 25]]

        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.--

[[Page 134 STAT. 26]]

                    (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 =                    ----------               <dbl-dagger> 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 =                    ----------               <dbl-dagger> 100
                         NC                       ......................
 


                    (B) Definitions.--In this paragraph:
                          (i) NC.--The term ``NC'' means the net cost of 
                      the good.
                          (ii) RVC.--The term ``RVC'' means the regional 
                      value content of the good, expressed as a 
                      percentage.
                          (iii) VNM.--The term ``VNM'' means the value 
                      of nonoriginating materials used by the producer 
                      in the production of the good.
            (4) Value of nonoriginating materials.--
                    (A) In general.--The value of nonoriginating 
                materials used by the producer in the production of a 
                good shall not, for purposes of calculating the regional 
                value content of the good under paragraph (2) or (3), 
                include the value of nonoriginating materials used or 
                consumed to produce originating materials that are 
                subsequently used or consumed in the production of the 
                good.
                    (B) Special rule for certain components.--The 
                following components of the value of nonoriginating 
                materials used by the producer in the production of a 
                good may be counted as originating content for purposes 
                of determining whether the good meets the regional value 
                content requirement set forth in Annex 4-B of the USMCA:
                          (i) The value of processing the nonoriginating 
                      materials undertaken in the territory of one or 
                      more USMCA countries.
                          (ii) The value of any originating materials 
                      used or consumed in the production of the 
                      nonoriginating materials undertaken in the 
                      territory of one or more USMCA countries.
            (5) Net cost method required in certain cases.--An importer, 
        exporter, or producer of a good shall calculate the regional 
        value content of the good solely on the basis of the net cost 
        method described in paragraph (3) if the rule for the good set 
        forth in Annex 4-B of the USMCA includes a

[[Page 134 STAT. 27]]

        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;

[[Page 134 STAT. 28]]

                    (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

[[Page 134 STAT. 29]]

        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.

[[Page 134 STAT. 30]]

                          (vi) Animal feeds containing over 10 percent 
                      by dry weight of milk solids of subheading 
                      2309.90.
                    (C) A nonoriginating material of heading 0805, or 
                any of subheadings 2009.11 through 2009.39, used or 
                consumed in the production of a good of subheadings 
                2009.11 through 2009.39, or a fruit or vegetable juice 
                of any single fruit or vegetable, fortified with 
                minerals or vitamins, concentrated or unconcentrated, of 
                subheading 2106.90 or 2202.90.
                    (D) A nonoriginating material of chapter 9 used or 
                consumed in the production of instant coffee, not 
                flavored, of subheading 2101.11.
                    (E) A nonoriginating material of chapter 15 used or 
                consumed in the production of a good of heading 1507, 
                1508, 1512, 1514, or 1515.
                    (F) A nonoriginating material of heading 1701 used 
                or consumed in the production of a good of any of 
                headings 1701 through 1703.
                    (G) A nonoriginating material of chapter 17 or 
                heading 1805 used in the production of a good of 
                subheading 1806.10.
                    (H) Nonoriginating peaches, pears, or apricots of 
                chapter 8 or 20, used in the production of a good of 
                heading 2008.
                    (I) A nonoriginating single juice ingredient of 
                heading 2009 used or consumed in the production of a 
                good of--
                          (i) subheading 2009.90, or tariff item 
                      2106.90.54 (concentrated mixtures of fruit or 
                      vegetable juice, fortified with minerals or 
                      vitamins); or
                          (ii) tariff item 2202.99.37 (mixtures of fruit 
                      or vegetable juices, fortified with minerals or 
                      vitamins).
                    (J) A nonoriginating material of any of headings 
                2203 through 2208 used or consumed in the production of 
                a good provided for under heading 2207 or 2208.
            (3) Goods provided for under chapters 1 through 27.--
        Paragraph (1) does not apply to a nonoriginating material used 
        or consumed in the production of a good provided for in chapters 
        1 through 27 unless the nonoriginating material is provided for 
        in a different subheading than the subheading of the good for 
        which origin is being determined.
            (4) Textile or apparel goods.--
                    (A) Goods classified under chapters 50 through 60.--
                Except as provided in subparagraph (C), a textile or 
                apparel good provided for in any of chapters 50 through 
                60 or heading 9619 that is not an originating good 
                because certain nonoriginating materials used in the 
                production of the good do not undergo an applicable 
                change in tariff classification set forth in Annex 4-B 
                of the USMCA, shall be considered to be an originating 
                good if the total weight of all such materials, 
                including elastomeric yarns, is not more than 10 percent 
                of the total weight of the good and the good meets all 
                other applicable requirements of this section.
                    (B) Goods classified under chapters 61 through 63.--
                Except as provided in subparagraph (C), a textile or 
                apparel good provided for in chapter 61, 62, or 63 that 
                is not an originating good because certain fibers or 
                yarns

[[Page 134 STAT. 31]]

                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

[[Page 134 STAT. 32]]

                applicable regional value content of the good set forth 
                in Annex 4-B of the USMCA.
            (2) <<NOTE: Applicability.>>  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--

[[Page 134 STAT. 33]]

                    (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. <<NOTE: 19 USC 4532.>>  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).

[[Page 134 STAT. 34]]

            (9) Passenger vehicle; light truck; heavy truck.--The terms 
        ``passenger vehicle'', ``light truck'', and ``heavy truck'' have 
        the meanings given those terms in article 1 of the automotive 
        appendix.
            (10) USMCA country.--The term ``USMCA country'' means the 
        United States, Canada, or Mexico for such time as the USMCA is 
        in force with respect to Canada or Mexico, and the United States 
        applies the USMCA to Canada or Mexico.

    (b) Establishment of Interagency Committee.--
            (1) <<NOTE: Deadline. President.>>  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) <<NOTE: Review.>>  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-

[[Page 134 STAT. 35]]

                      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) <<NOTE: Consultation.>>  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) <<NOTE: Consultation. Procedures.>>  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) <<NOTE: Procedures.>>  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.

[[Page 134 STAT. 36]]

    (d) Alternative Staging Regime.--
            (1) <<NOTE: Deadline. Consultation. Federal Register, 
        publication. Requirements. Procedures. Guidance.>>  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) <<NOTE: Methodologies.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Plan.>>  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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 37]]

                    (D) <<NOTE: Procedures.>>  The procedures for 
                accepting and reviewing requests for the alternative 
                staging regime, including that the Trade Representative 
                will--
                          (i) <<NOTE: Notification. Deadline.>>  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) <<NOTE: Criteria. Consultation.>>  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) <<NOTE: Consultations. Determinations.>>  Review of 
        requests for alternative staging regime.--
                    (A) In general.--In reviewing the request of a 
                producer of passenger vehicles or light trucks for the 
                alternative staging regime, the Trade Representative, in 
                consultation with the interagency committee, shall 
                determine--
                          (i) whether the request covers 10 percent or 
                      less, or more than 10 percent, of the production 
                      of passenger vehicles or light trucks in USMCA 
                      countries by the producer; and
                          (ii) whether the producer has identified with 
                      specificity which of the requirements set forth in 
                      articles 2 through 7 of the automotive appendix 
                      the producer is unable to meet based on current 
                      business plans.
                    (B) Approval of alternative staging regime for 
                passenger vehicle or light truck production not 
                exceeding 10 percent of north american production.--The 
                Trade Representative shall authorize the use of the 
                alternative staging regime if the Trade Representative, 
                in consultation with the interagency committee, 
                determines that--
                          (i) the request for the alternative staging 
                      regime covers passenger vehicles or light trucks 
                      that do not exceed 10 percent of the production of 
                      passenger vehicles or lights trucks, as the case 
                      may be, in USMCA countries by the producer; and
                          (ii) the producer has identified with 
                      specificity which of the requirements set forth in 
                      articles 2 through 7 of the automotive appendix 
                      the producer is unable to meet based on current 
                      business plans.
                    (C) Approval of alternative staging regime for 
                passenger vehicle or light truck production exceeding 10 
                percent of north american production.--

[[Page 134 STAT. 38]]

                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) <<NOTE: Consultation.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Summary.>>  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

[[Page 134 STAT. 39]]

                      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 <<NOTE: Deadline. Consultation.>>  
                                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) <<NOTE: Notification.>>  
                                        notify the producer in writing 
                                        of the determination.
                          
                      (iii) <<NOTE: Consultation. Determination. Notifica
                      tion.>>  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) <<NOTE: Consultation. Determination.>>  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

[[Page 134 STAT. 40]]

                      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) <<NOTE: Compliance.>>  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.--

[[Page 134 STAT. 41]]

                    (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) <<NOTE: Examination. Notification. Records.>>  
                      Examine, or cause to be examined, upon reasonable 
                      notice, any record (including any statement, 
                      declaration, document, or electronically generated 
                      or machine readable data) described in the notice 
                      with reasonable specificity.
                          (ii) Request information from any officer, 
                      employee, or agent of a producer of automotive 
                      goods, as necessary, that may be relevant with 
                      respect to whether the production of covered 
                      vehicles meets the high-wage components of the 
                      labor value content requirements set forth in 
                      article 7 of the automotive appendix or, if the 
                      producer is subject to the alternative staging 
                      regime under subsection (d), articles 7 and 8 of 
                      that appendix.
                    (B) Nature of information requested.--Records and 
                information that may be examined or requested under 
                subparagraph (A) may relate to wages, hours, job 
                responsibilities, and other information in any plant or 
                facility relied on by a producer of covered vehicles to 
                demonstrate that the production of such vehicles by the 
                producer meets the labor value content requirements set 
                forth in article 7 of the automotive appendix or, if the 
                producer is subject to the alternative staging regime 
                under subsection (d), articles 7 and 8 of that appendix.
            (5) Whistleblower protections.--
                    (A) Unlawful acts.--It is unlawful to intimidate, 
                threaten, restrain, coerce, blacklist, discharge, or in 
                any other manner discriminate against any person for--
                          (i) disclosing information to a Federal agency 
                      or to any person relating to a verification under 
                      this subsection; or
                          (ii) cooperating or seeking to cooperate in a 
                      verification under this subsection.
                    (B) Enforcement.--The Secretary of the Treasury and 
                the Secretary of Labor are authorized to take such 
                actions under existing law, including imposing 
                appropriate penalties and seeking appropriate injunctive 
                relief, as may be necessary to ensure compliance with 
                this subsection and as provided for in existing 
                regulations.
            (6) Protests of decisions of u.s. customs and border 
        protection.--
                    (A) In general.--If a protest under section 514 of 
                the Tariff Act of 1930 (19 U.S.C. 1514) of a decision of 
                U.S. Customs and Border Protection with respect to the 
                eligibility for preferential tariff treatment of a 
                covered vehicle relates to the analysis of the 
                Department of Labor relating to the high-wage components 
                of the labor value content requirements described in 
                paragraph (1), the Secretary of Labor shall--
                          (i) <<NOTE: Review.>>  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.

[[Page 134 STAT. 42]]

                    (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) <<NOTE: Consultation.>>  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) <<NOTE: Summary.>>  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) <<NOTE: Termination date.>>  Report by international 
        trade commission.--Not later than 1 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

[[Page 134 STAT. 43]]

                          (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) <<NOTE: Public information. Web posting.>>  
                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

[[Page 134 STAT. 44]]

by reason of this paragraph may not be funded with money contained in 
the Customs User Fee Account.''.
    (b) <<NOTE: 19 USC 58c note.>>  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 <<NOTE: Notification.>>  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

[[Page 134 STAT. 45]]

        of such incorrect information to every person to whom the 
        certification was issued.
            ``(3) Exception.--A person shall not be considered to have 
        violated paragraph (1) if--
                    ``(A) the information was correct at the time it was 
                provided in a USMCA certification of origin but was 
                later rendered incorrect due to a change in 
                circumstances; and
                    ``(B) the person promptly and voluntarily provides 
                written notice of the change in circumstances to all 
                persons to whom the person provided the 
                certification.''.

    (b) Denial of Preferential Tariff Treatment.--Section 514 of the 
Tariff Act of 1930 (19 U.S.C. 1514) is amended--
            (1) in subsection (b), by striking ``and article 1904'' and 
        all that follows through ``Free-Trade Agreement'';
            (2) in subsection (c)--
                    (A) in paragraph (1), in the matter following 
                subparagraph (D), by striking ``section 202 of the North 
                American Free Trade Agreement Implementation Act'' and 
                inserting ``section 202 of the United States-Mexico-
                Canada Agreement Implementation Act''; and
                    (B) in paragraph (2)(E)--
                          (i) by striking ``section 202 of the North 
                      American Free Trade Agreement Implementation Act'' 
                      and inserting ``section 202 of the United States-
                      Mexico-Canada Agreement Implementation Act''; and
                          (ii) by striking ``NAFTA Certificate of 
                      Origin'' and inserting ``USMCA certification of 
                      origin (as such term is defined in section 508 of 
                      this Act)'';
            (3) in subsection (e), by striking ``section 202 of the 
        North American Free Trade Agreement Implementation Act'' and 
        inserting ``section 202 of the United States-Mexico-Canada 
        Agreement Implementation Act''; and
            (4) by striking subsection (f) and inserting the following:

    ``(f) Denial of Preferential Tariff Treatment Under the USMCA.--If 
U.S. Customs <<NOTE: Determination.>> 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) <<NOTE: 19 USC 1514 note.>>  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

[[Page 134 STAT. 46]]

        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) <<NOTE: Applicability. 19 USC 1520 note.>>  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.

[[Page 134 STAT. 47]]

                    ``(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

[[Page 134 STAT. 48]]

                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 third 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) <<NOTE: 19 USC 1508 note.>>  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--

[[Page 134 STAT. 49]]

                          (i) the amendments made by subsection (a) to 
                      paragraphs (2) and (5)(A) of section 508(b) of the 
                      Tariff Act of 1930 (19 U.S.C. 1508) shall not 
                      apply with respect to the good; and
                          (ii) section 508 of such Act, as in effect on 
                      the day before that date, shall continue to apply 
                      on and after that date with respect to the good.
                    (B) Imports.--In the case of a good that is entered 
                for consumption, or withdrawn from warehouse for 
                consumption, before the date on which the USMCA enters 
                into force, the amendments made by subsection (a) to 
                paragraphs (4) and (5)(C) of section 508(b) of the 
                Tariff Act of 1930 (19 U.S.C. 1508) shall not apply with 
                respect to the good.
SEC. <<NOTE: 19 USC 4533.>>  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) <<NOTE: President.>>  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) <<NOTE: President.>>  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) <<NOTE: Determinations.>>  Action during 
                verification.--Appropriate action described in this 
                subparagraph may consist of--

[[Page 134 STAT. 50]]

                          (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

[[Page 134 STAT. 51]]

                      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

[[Page 134 STAT. 52]]

        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. <<NOTE: 19 USC 4534.>>  208. DRAWBACK [RESERVED].
SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930.

    (a) Country of Origin Marking.--Section 304 of the Tariff Act of 
1930 (19 U.S.C. 1304) is amended by striking subsection (k) and 
inserting the following:
    ``(k) Treatment of Goods of a USMCA Country.--In applying this 
section to an article that qualifies as a good of a USMCA country (as 
defined in section 3 of the United States-Mexico-Canada Agreement 
Implementation Act)--
            ``(1) the exemption under subsection (a)(3)(H) shall be 
        applied by substituting `reasonably know' for `necessarily 
        know';
            ``(2) the Secretary shall exempt the good from the 
        requirements for marking under subsection (a) if the good--
                    ``(A) is an original work of art; or
                    ``(B) is provided for under subheading 6904.10, 
                heading 8541, or heading 8542 of the Harmonized Tariff 
                Schedule of the United States; and
            ``(3) subsection (b) does not apply to the usual container 
        of any good described in subsection (a)(3)(E) or (I) or 
        paragraph (2)(A) or (B) of this subsection.''.

    (b) Examination of Books and Witnesses.--Section 509(a)(2)(A) of the 
Tariff Act of 1930 (19 U.S.C. 1509(a)(2)(A)) is amended--
            (1) in clause (i), by inserting at the end ``or a vehicle 
        producer whose good is subject to a claim of preferential tariff 
        treatment under the USMCA (as defined in section 3 of the United 
        States-Mexico-Canada Agreement Implementation Act),''; and
            (2) in clause (ii), by striking ``a NAFTA country'' and all 
        that follows through ``Implementation Act)'' and inserting ``a 
        USMCA country (as defined in section 3 of the United States-
        Mexico-Canada Agreement Implementation Act)''.

    (c) Exchange of Information.--Section 628 of the Tariff Act of 1930 
(19 U.S.C. 1628) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Government Agency of USMCA Country.--
            ``(1) In general.--The Secretary may authorize U.S. Customs 
        and Border Protection to exchange information with any 
        government agency of a USMCA country, if the Secretary--
                    ``(A) reasonably believes the exchange of 
                information is necessary to implement chapter 2, 4, 5, 
                6, or 7 of the USMCA; and
                    ``(B) obtains assurances from such agency that the 
                information will be held in confidence and used only for 
                governmental purposes.

[[Page 134 STAT. 53]]

            ``(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) <<NOTE: 19 USC 1304 note.>>  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) <<NOTE: 19 USC 1628 note.>>  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. <<NOTE: 19 USC 4535.>>  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.

[[Page 134 STAT. 54]]

         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. <<NOTE: 19 USC 4571.>>  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

[[Page 134 STAT. 55]]

        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. <<NOTE: 19 USC 4572.>>  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

[[Page 134 STAT. 56]]

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) <<NOTE: Notice. Federal Register, publication.>>  
        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) <<NOTE: Consultation. Data.>>  In general.--At the 
        request of the Commission, the Secretary of Homeland Security 
        shall consult with the Commission and shall collect and maintain 
        such additional data and other information on commercial motor 
        vehicles entering or exiting the United States at a port of 
        entry or exit at the United States border with Mexico as the 
        Commission may request for the purpose of conducting 
        investigations under subsection (a) and shall make such 
        information available to the Commission in a timely manner.

[[Page 134 STAT. 57]]

            (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 <<NOTE: Regulations.>> 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. <<NOTE: 19 USC 4573.>>  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

[[Page 134 STAT. 58]]

            (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) <<NOTE: Federal Register, publication. Summary.>>  
        publish a summary of the report in the Federal Register.
SEC. <<NOTE: 19 USC 4574.>>  324. ACTION BY PRESIDENT WITH RESPECT 
                        TO AFFIRMATIVE DETERMINATION.

    (a) <<NOTE: Deadline.>>  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.--

[[Page 134 STAT. 59]]

            (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) <<NOTE: Time period.>>  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) <<NOTE: Federal Register, 
                                publication.>>  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) <<NOTE: Time period.>>  less 
                                than 1 year has elapsed since the 
                                Commission made its report to the 
                                President of the results of such 
                                previous investigation.

[[Page 134 STAT. 60]]

                          (ii) Exception.--Clause (i) shall not apply 
                      with respect to an investigation if the Commission 
                      determines good cause exists to conduct the 
                      investigation.

    (e) Regulations.--The Commission and the Secretary of Transportation 
are authorized to promulgate such rules and regulations as may be 
necessary to carry out this subtitle.
SEC. 325. CONFIDENTIAL BUSINESS INFORMATION.

    Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is 
amended in the first sentence by striking ``and title III of the United 
States-Panama Trade Promotion Agreement Implementation Act'' and 
inserting ``, title III of the United States-Panama Trade Promotion 
Agreement Implementation Act, and subtitle C of title III of the United 
States-Mexico-Canada Agreement Implementation Act''.
SEC. 326. CONFORMING AMENDMENTS.

    (a) Registration of Motor Carriers.--Section 13902 of title 49, 
United States Code, is amended by inserting at the end the following:
    ``(j) Mexico-Domiciled Motor Carriers.--Notwithstanding any other 
provision of this section, upon an order in accordance with section 
324(a) of the United States-Mexico-Canada Agreement Implementation Act, 
the Secretary shall carry out the relief specified by denying or 
imposing limitations on a request for registration or capping the number 
of requests for registration by Mexico-domiciled motor carriers of cargo 
to operate beyond the municipalities along the United States-Mexico 
international border and the commercial zones of those municipalities as 
directed.''.
    (b) Effective Periods of Registration.--Section 13905 of title 49, 
United States Code, is amended by inserting at the end the following:
    ``(g) Mexico-Domiciled Motor Carriers.--Notwithstanding any other 
provision of this section, upon an order in accordance with section 
324(a) of the United States-Mexico-Canada Agreement Implementation Act, 
the Secretary shall carry out the relief specified by revoking or 
imposing limitations on existing registrations of Mexico-domiciled motor 
carriers of cargo to operate beyond the municipalities along the United 
States-Mexico international border and the commercial zones of those 
municipalities as directed.''.
SEC. 327. SURVEY OF OPERATING AUTHORITIES.

    The Department of Transportation shall undertake a survey of all 
existing grants of operating authority to, and pending applications for 
operating authority from, all Mexico-domiciled motor property carriers 
for operating beyond the Border Commercial Zones, including OP-1 (MX) 
operating authority (Mexico-domiciled Carriers for Motor Carrier 
Authority to Operate Beyond U.S. Municipalities and Commercial Zones on 
the U.S.-Mexico Border) and OP-1 operating authority (United States-
based Enterprise Carrier of International Cargo Application for Motor 
Property Carrier and Broker Authority). <<NOTE: Reports.>>  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,

[[Page 134 STAT. 61]]

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.

[[Page 134 STAT. 62]]

                    ``(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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 63]]

                          (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 <<NOTE: Federal Register, 
                publications.>>  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

[[Page 134 STAT. 64]]

                      the operation of article 10.12 of the USMCA is 
                      terminated in accordance with article 10.13 of the 
                      USMCA, the United States Secretary shall publish 
                      in the Federal Register a notice of termination of 
                      suspension of article 10.12 of the USMCA.'';
                          (iii) in subparagraph (B)--
                                    (I) in the subparagraph heading, by 
                                striking ``article 1904'' and inserting 
                                ``article 10.12 of the usmca''; and
                                    (II) in the matter preceding clause 
                                (i), by striking ``If'' and all that 
                                follows through ``NAFTA--'' and 
                                inserting the following: ``If the 
                                operation of article 10.12 of the USMCA 
                                is suspended in accordance with article 
                                10.13 of the USMCA--'';
                          (iv) in subparagraph (C)--
                                    (I) in clause (i)--
                                            (aa) in the matter preceding 
                                        subclause (I), by striking ``if 
                                        the United States'' and all that 
                                        follows through ``NAFTA--'' and 
                                        inserting the following: ``if 
                                        the United States made an 
                                        allegation under article 10.13 
                                        of the USMCA and the operation 
                                        of article 10.12 of the USMCA 
                                        was suspended pursuant to 
                                        article 10.13 of the USMCA--''; 
                                        and
                                            (bb) in subclause (I), by 
                                        striking ``subsection (f)(10)(A) 
                                        or (B)'' and inserting 
                                        ``subparagraph (A) or (B) of 
                                        subsection (f)(9)''; and
                                    (II) in clause (ii), in the matter 
                                preceding subclause (I), by striking 
                                ``if a country'' and all that follows 
                                through ``NAFTA--'' and inserting the 
                                following: ``if a country described in 
                                subparagraph (A) or (B) of subsection 
                                (f)(9) made an allegation under article 
                                10.13 of the USMCA and the operation of 
                                article 10.12 of the USMCA was suspended 
                                pursuant to article 10.13 of the USMCA--
                                ''; and
                          (v) in subparagraph (D)(i), by striking ``a 
                      country described'' and all that follows through 
                      ``NAFTA'' and inserting ``a country described in 
                      subparagraph (A) or (B) of subsection (f)(9) 
                      pursuant to article 10.13 of the USMCA''.
SEC. 422. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF THE TARIFF 
                        ACT OF 1930.

    (a) Disclosure of Proprietary Information Under Protective Orders.--
Section 777(f) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)) is 
amended--
            (1) in the subsection heading, by striking ``North American 
        Free Trade Agreement or the United States-Canada Agreement'' and 
        inserting ``the United States-Canada Agreement or the USMCA'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``article 1904 
                of the NAFTA'' and all that follows through ``, the 
                administering authority'' and inserting ``article 1904 
                of the United States-Canada Agreement or article 10.12 
                of the USMCA,

[[Page 134 STAT. 65]]

                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

[[Page 134 STAT. 66]]

            (3) <<NOTE: 28 USC 1581 prec.>>  in the table of sections at 
        the beginning of the chapter, by striking the item relating to 
        section 1584 and inserting the following:

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

    (b) Particular Proceedings.--Sections 2201(a) and 2643(c)(5) of 
title 28, United States Code, are each amended by striking ``section 
516A(f)(10)'' and inserting ``section 516A(f)(9)''.

                     Subtitle D--General Provisions

SEC. <<NOTE: 19 USC 4601.>>  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. <<NOTE: 19 USC 1516a note.>>  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

[[Page 134 STAT. 67]]

            (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) <<NOTE: 19 USC 4534.>>  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 <<NOTE: 19 USC 4534.>>  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

[[Page 134 STAT. 68]]

        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 <<NOTE: 19 USC 4534.>>  of 
        this Act;
            (2) inserted after subsection (b) of section 208 (as added 
        by subsection (c));
            (3) redesignated as subsections (c) and (d), respectively; 
        and
            (4) amended, in subsection (c) (as redesignated by paragraph 
        (3)), by striking ``exported to'' and all that follows through 
        the period at the end and inserting ``exported to a USMCA 
        country.''.

    (e) Conforming Amendments.--
            (1) Bonded manufacturing warehouses.--Section 311 of the 
        Tariff Act of 1930 (19 U.S.C. 1311) is amended, in the eleventh 
        paragraph--
                    (A) by striking ``NAFTA'' each place it appears;
                    (B) by striking ``section 203(a) of the North 
                American Free Trade Agreement Implementation Act'' and 
                inserting ``section 208(a) of the United States-Mexico-
                Canada Agreement Implementation Act''; and
                    (C) by striking ``section 2(4) of that Act'' and 
                inserting ``section 3 of that Act''.
            (2) Bonded smelting and refining warehouses.--Section 312 of 
        the Tariff Act of 1930 (19 U.S.C. 1312) is amended, in 
        subsections (b) and (d)--
                    (A) by striking ``NAFTA'' each place it appears and 
                inserting ``USMCA'';
                    (B) by striking ``section 2(4) of the North American 
                Free Trade Agreement Implementation Act'' each place it 
                appears and inserting ``section 3 of the United States-
                Mexico-Canada Agreement Implementation Act''; and
                    (C) by striking ``section 203(a) of that Act'' each 
                place it appears and inserting ``section 208(a) of that 
                Act''.
            (3) Drawback and refunds.--Section 313 of the Tariff Act of 
        1930 (19 U.S.C. 1313) is amended--
                    (A) in subsection (j)(4), by striking subparagraph 
                (A) and inserting the following:
            ``(A)(i) Effective upon the entry into force of the USMCA, 
        the exportation to a USMCA country of merchandise that is 
        fungible with and substituted for imported merchandise, other 
        than merchandise described in paragraphs (1) through (8) of 
        section 208(a) of the United States-Mexico-Canada Agreement 
        Implementation Act, shall not constitute an exportation for 
        purposes of paragraph (2).
            ``(ii) In this subparagraph, the terms `USMCA' and `USMCA 
        country' have the meanings given those terms in section 3

[[Page 134 STAT. 69]]

        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) <<NOTE: 19 USC 81c note.>>  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.

[[Page 134 STAT. 70]]

            (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 <<NOTE: 19 USC 4551.>>  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 <<NOTE: 19 USC 4552.>>  302; and
            (4) amended--
                    (A) in the section heading, by striking ``nafta'' 
                and inserting ``usmca'';
                    (B) in subsection (b), in the subsection heading, by 
                striking ``NAFTA'' and inserting ``USMCA'';
                    (C) in subsection (c), in the subsection heading, by 
                striking ``NAFTA'' and inserting ``USMCA''; and
                    (D) by striking ``NAFTA'' each place it appears and 
                inserting ``USMCA''.

    (d) Additional Clerical Amendments.--The table of contents for this 
Act is amended by striking the item relating to subtitle A of title III 
and inserting the following:

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

``Sec. 301. USMCA article impact in import relief cases under the Trade 
           Act of 1974.
``Sec. 302. Presidential action regarding USMCA imports.''.

    (e) <<NOTE: 19 USC 4551 note.>>  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

[[Page 134 STAT. 71]]

                    (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. <<NOTE: 19 USC 3401.>>  2116) is--
            (1) <<NOTE: 8 USC 1184.>>  transferred to subtitle B of 
        title III of this Act;
            (2) <<NOTE: 8 USC 1184.>>  inserted after the heading (as 
        amended by subsection (a)) of such subtitle;
            (3) <<NOTE: 8 USC 1194; 19 USC 4561.>>  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

[[Page 134 STAT. 72]]

                the United States-Mexico-Canada Agreement Implementation 
                Act)'';
                    (B) in the second sentence, by striking ``article 
                1603 of such Agreement'' and inserting ``article 16.4 of 
                the USMCA''; and
                    (C) in the third sentence, by striking ``Annex 1608 
                of such Agreement'' and inserting ``article 16.1 of the 
                USMCA''.

    (d) Conforming Amendments.--
            (1) Integrated entry and exit data system.--Section 
        110(c)(1)(B) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1365a(c)(1)(B)) is amended 
        by striking ``North American Free Trade Agreement'' and 
        inserting ``USMCA (as defined in section 3 of the United States-
        Mexico-Canada Agreement Implementation Act)''.
            (2) Enhanced border security and visa entry reform act of 
        2002.--Section 604 of the Enhanced Border Security and Visa 
        Entry Reform Act of 2002 (8 U.S.C. 1773) is amended by striking 
        ``North American Free Trade Agreement'' and inserting ``USMCA 
        (as defined in section 3 of the United States-Mexico-Canada 
        Agreement Implementation Act)''.

    (e) Additional Clerical Amendments.--The table of contents for this 
Act is amended by striking the item relating to subtitle A of title III 
and inserting the following:

            ``Subtitle B--Temporary Entry of Business Persons

``Sec. 311. Temporary entry.''.

    (f) <<NOTE: 8 USC 1184 note.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: 19 USC 4581.>>  redesignated as section 411; and
            (3) amended by striking ``the Agreement'' and inserting 
        ``the USMCA''.

[[Page 134 STAT. 73]]

    (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 <<NOTE: 19 USC 4582.>>  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

[[Page 134 STAT. 74]]

                                    (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--

[[Page 134 STAT. 75]]

            (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 <<NOTE: 19 USC 4583.>>  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 <<NOTE: 19 USC 4584.>>  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 <<NOTE: 19 USC 4585.>>  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 <<NOTE: 19 USC 4586.>>  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--

[[Page 134 STAT. 76]]

            (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 <<NOTE: 19 USC 4587.>> section 417; and
            (3) amended--
                    (A) in subsection (a)(1)(A)--
                          (i) by striking ``the Agreement'' and 
                      inserting ``the USMCA''; and
                          (ii) by striking ``NAFTA country'' and 
                      inserting ``USMCA country'';
                    (B) in subsection (c), in the matter following 
                paragraph (3), by striking ``NAFTA countries'' and 
                inserting ``USMCA countries''; and
                    (C) in subsection (d)(3), by striking ``the 
                Agreement'' and inserting ``the USMCA''.

    (i) Treatment of Amendments to Law.--Section 408 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3438) is--
            (1) transferred to subtitle B of title IV of this Act and 
        inserted after section 417 (as inserted and redesignated by 
        subsection (h));
            (2) redesignated <<NOTE: 19 USC 4588.>>  as section 418; and
            (3) amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the Agreement'' and all that follows through 
                ``United States'' and inserting ``the USMCA''; and
                    (B) in the flush text, by striking ``NAFTA country'' 
                and inserting ``USMCA country''.

    (j) Additional Clerical Amendments.--The table of contents for this 
Act is amended by striking the item relating to subtitle B of title IV 
and inserting the following:

                    ``Subtitle B--Dispute Settlement

``Sec. 411. References in subtitle.
``Sec. 412. Organizational and administrative provisions.
``Sec. 413. Testimony and production of papers in extraordinary 
           challenges.
``Sec. 414. Requests for review of determination by competent 
           investigating authorities.
``Sec. 415. Rules of procedure for panels and committees.
``Sec. 416. Subsidy negotiations.
``Sec. 417. Identification of industries facing subsidized imports.
``Sec. 418. Treatment of amendments to antidumping and countervailing 
           duty law.''.

    (k) <<NOTE: 19 USC 4581 note.>>  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,

[[Page 134 STAT. 77]]

        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) <<NOTE: 19 USC 2511 note.>>  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

[[Page 134 STAT. 78]]

                    (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) <<NOTE: 19 USC 2242 note.>>  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) <<NOTE: 42 USC 2296b-6 note.>>  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

__________

    * Note: Classifications for Section 601: 15 USC 1052 note; 19 USC 
58c notes, 1304 note, 1313 note, 1499 note, 1593a note, 1677l, 2101 
note, 2112 note, 2271 note, 2511 note, 2707 note, 3301 and note, 3311 
and note, 3312-3317, 3331 and note, 3332-3335, 3351 and note, 3352-3358, 
3381, 3382, 3391, 3401 note, 3411, 3421, 3431 note, 3451, 3461 and note, 
3462, 3463, 3471-3473; 22 USC 290m--290m-5, 290m-7; 26 USC 3306 notes, 
6103 notes, 6302 notes, 9505 note; 28 USC 1581 note.

---------------------------------------------------------------------------

[[Page 134 STAT. 79]]

            (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. <<NOTE: 19 USC 4611.>>  611. PARTICIPATION IN JOINT REVIEWS 
                        WITH CANADA AND MEXICO REGARDING EXTENSION 
                        OF THE TERM OF THE USMCA AND OTHER ACTION 
                        REGARDING THE USMCA.

    (a) <<NOTE: President. Consultation.>>  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) <<NOTE: Assessment.>>  the assessment of the 
                Trade Representative with respect to the operation of 
                the USMCA;
                    (B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Time period. Reports.>>  In general.--If, as 
        part of a joint review, any USMCA country does not confirm that 
        the country wishes to extend the term of the USMCA under article 
        34.7.3 of the USMCA, at least 70 days before any subsequent 
        annual joint review meeting conducted as required under article 
        34.7 of the USMCA, the Trade Representative shall report to the 
        appropriate congressional committees regarding--
                    (A) any reason offered by a USMCA country regarding 
                why the country is unable to agree to extend the term of 
                the USMCA;

[[Page 134 STAT. 80]]

                    (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) <<NOTE: Deadline. Briefing.>>  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. <<NOTE: 19 USC 4621.>>  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. <<NOTE: 19 USC 4631.>>  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).

[[Page 134 STAT. 81]]

            (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. <<NOTE: 19 USC 4641.>>  711. INTERAGENCY LABOR COMMITTEE FOR 
                        MONITORING AND ENFORCEMENT.

    (a) <<NOTE: Deadline. President. Coordination.>>  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) <<NOTE: Time periods.>>  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. <<NOTE: 19 USC 4642.>>  712. DUTIES.

    The duties of the Interagency Labor Committee shall include the 
following:
            (1) <<NOTE: Coordination.>>  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.

[[Page 134 STAT. 82]]

            (3) <<NOTE: Coordination.>>  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) <<NOTE: Time period. Consultation.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Reviews.>>  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) <<NOTE: Reviews.>>  Reviewing reports submitted by the 
        Independent Mexico Labor Expert Board under section 734.
SEC. <<NOTE: 19 USC 4643.>>  713. ENFORCEMENT PRIORITIES.

    The <<NOTE: Reviews.>>  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) <<NOTE: List.>>  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. <<NOTE: 19 USC 4644.>>  714. ASSESSMENTS.

    (a) <<NOTE: Time period.>>  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

[[Page 134 STAT. 83]]

a biannual basis the extent to which Mexico is in compliance with its 
obligations under Annex 23-A of the USMCA.

    (b) <<NOTE: Time periods.>>  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. <<NOTE: 19 USC 4645.>>  715. RECOMMENDATION FOR ENFORCEMENT 
                        ACTION.

    (a) <<NOTE: Determination.>>  Recommendation To Initiate.--If the 
Interagency Labor Committee determines, pursuant to an assessment under 
section 714, as a result of monitoring activities described in section 
712(1), or pursuant to a report of the Independent Mexico Labor Expert 
Board that a USMCA country has failed to meets its labor obligations, 
including with respect to obligations under Annex 23-A of the USMCA, the 
Committee shall recommend that the Trade Representative initiate 
enforcement actions under--
            (1) article 23.13 or 23.17 of the USMCA (relating to 
        cooperative labor dialogue and labor consultations);
            (2) articles 31.4 and 31.6 of the USMCA (relating to dispute 
        settlement consultations); or
            (3) Annex 31-A of the USMCA (relating to the rapid response 
        labor mechanism).

    (b) <<NOTE: Deadline.>>  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) <<NOTE: Reports.>>  if such determination is negative, 
        submit to the appropriate congressional committees a report on 
        the reasons for such negative determination.
SEC. <<NOTE: 19 USC 4646.>>  716. PETITION PROCESS.

    (a) In General.--The Interagency Labor Committee shall establish 
procedures for submissions by the public of information

[[Page 134 STAT. 84]]

with respect to potential failures to implement the labor obligations of 
a USMCA country.
    (b) <<NOTE: Determinations.>>  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) <<NOTE: Review. Deadline.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Reviews. Deadlines.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Notification. Time period.>>  submit to 
                the appropriate congressional committees a notification 
                including the reasons for which action was not initiated 
                within such 60-day period.

[[Page 134 STAT. 85]]

SEC. <<NOTE: 19 USC 4647.>>  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. <<NOTE: 19 USC 4648.>>  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) <<NOTE: Summary.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 86]]

            (2) <<NOTE: Strategic plan. Recommenda- tions.>>  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. <<NOTE: 19 USC 4649.>>  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. <<NOTE: 19 USC 4661.>>  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. <<NOTE: 19 USC 4662.>>  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) <<NOTE: Reports.>>  Submitting to the Interagency Labor 
        Committee on a quarterly basis reports on the efforts undertaken 
        by Mexico to comply with its labor obligations.
SEC. <<NOTE: 19 USC 4663.>>  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.

[[Page 134 STAT. 87]]

            Subtitle C--Independent Mexico Labor Expert Board

SEC. <<NOTE: 19 USC 4671.>>  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. <<NOTE: 19 USC 4672.>>  732. MEMBERSHIP; TERM.

    (a) <<NOTE: Appointments. Consultations.>>  Membership.--The Board 
shall be composed of 12 members who shall be appointed as follows:
            (1) Four members to be appointed by the Labor Advisory 
        Committee established under section 135(c)(1) of the Trade Act 
        of 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory 
        committee).
            (2) Two members appointed by the Speaker of the House of 
        Representatives, in consultation with the Chair of the Committee 
        on Ways and Means of the House of Representatives.
            (3) Two members appointed by the president pro tempore of 
        the Senate from among individuals recommended by the majority 
        leader of the Senate and in consultation with the Chair of the 
        Committee on Finance of the Senate.
            (4) Two members appointed by the minority leader of the 
        House of Representatives, in consultation with the Ranking 
        Member of the Committee on Ways and Means of the House of 
        Representatives.
            (5) Two members appointed by the President pro tempore of 
        the Senate from among individuals recommended by the minority 
        leader of the Senate and in consultation with the Ranking Member 
        of the Committee on Finance of the Senate.

    (b) Term.--Except as provided in subsection (c), members of the 
Board shall serve for a term of 6 years.
    (c) Extension of Term.--If the Board determines, at the end of the 
6-year period beginning on the date of the appointment of the last 
member appointed in accordance with subsection (a), that Mexico is not 
fully in compliance with its labor obligations, a majority of the 
members of the Board may determine to extend its term for 4 additional 
years. A new Board shall be appointed in accordance with subsection (a) 
and shall serve for a single term of 4 years.
SEC. <<NOTE: 19 USC 4673.>>  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. <<NOTE: 19 USC 4674.>>  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--

[[Page 134 STAT. 88]]

            (1) <<NOTE: Assessment.>>  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) <<NOTE: Determination.>>  may include a determination 
        that Mexico is not in compliance with its labor obligations.

                        Subtitle D--Forced Labor

SEC. <<NOTE: 19 USC 4681.>>  741. FORCED LABOR ENFORCEMENT TASK 
                        FORCE.

    (a) <<NOTE: Deadline. President.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 19 USC 4682.>>  742. TIMELINE REQUIRED.

    (a) <<NOTE: Deadline.>>  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. <<NOTE: 19 USC 4683.>>  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.

[[Page 134 STAT. 89]]

            (4) <<NOTE: Enforcement plan.>>  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. <<NOTE: 19 USC 4684.>>  744. DUTIES RELATED TO MEXICO.

    The Task Force shall--
            (1) <<NOTE: Consultation. Enforcement plan.>>  develop, in 
        consultation with the appropriate congressional committees, an 
        enforcement plan regarding goods produced by or with forced 
        labor in Mexico; and
            (2) <<NOTE: Reports.>>  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. <<NOTE: 19 USC 4691.>>  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. <<NOTE: Public information.>>  The Trade Representative shall also 
make each such report publicly available in a timely manner.
SEC. <<NOTE: 19 USC 4692.>>  752. SUSPENSION OF LIQUIDATION.

    (a) <<NOTE: Notification.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 90]]

SEC. <<NOTE: 19 USC 4693.>>  753. FINAL REMEDIES.

    (a) <<NOTE: Determination. Consultation.>>  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. <<NOTE: 19 USC 4701.>>  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. <<NOTE: 19 USC 4711.>>  811. ESTABLISHMENT.

    (a) <<NOTE: Deadline. President.>>  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) <<NOTE: Coordination.>>  to coordinate United States 
        efforts to monitor and enforce environmental obligations 
        generally; and
            (2) with respect to the USMCA countries--

[[Page 134 STAT. 91]]

                    (A) <<NOTE: Assessment.>>  to carry out an 
                assessment of their environmental laws and policies;
                    (B) to carry out monitoring actions with respect to 
                the implementation and maintenance of their 
                environmental obligations; and
                    (C) to request enforcement actions with respect to 
                USMCA countries that are not in compliance with their 
                environmental obligations.

    (b) Membership.--The members of the Interagency Environment 
Committee shall be the following:
            (1) The Trade Representative, who shall serve as 
        chairperson.
            (2) Representatives from each of the following:
                    (A) The National Oceanic Atmospheric Administration.
                    (B) The U.S. Fish and Wildlife Service.
                    (C) The U.S. Forest Service.
                    (D) The Environmental Protection Agency.
                    (E) The Animal and Plant Health Inspection Service.
                    (F) U.S. Customs and Border Protection.
                    (G) The Department of State.
                    (H) The Department of Justice.
                    (I) The Department of the Treasury.
                    (J) The United States Agency for International 
                Development.
            (3) <<NOTE: President.>>  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. <<NOTE: 19 USC 4712.>>  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--

[[Page 134 STAT. 92]]

            (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. <<NOTE: 19 USC 4713.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Assessment.>>  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--

[[Page 134 STAT. 93]]

                          (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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 19 USC 4714.>>  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. <<NOTE: 19 USC 4715.>>  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.).

[[Page 134 STAT. 94]]

    (b) Magnuson-Stevens Fishery Conservation and Management Act.--The 
Secretary of Commerce has authority to take appropriate monitoring or 
enforcement actions under the following provisions of law:
            (1) The Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1801 et seq.).
            (2) The Magnuson-Stevens Fishery Conservation and Management 
        Reauthorization Act of 2006 (16 U.S.C. 1891 et seq.).
            (3) The High Seas Driftnet Fishing Moratorium Protection Act 
        (16 U.S.C. 1826d et seq.).
            (4) The Shark Conservation Act of 2010 (16 U.S.C. 1826k 
        note; 1857 note).
            (5) The Shark Finning Prohibition Act (16 U.S.C. 1822 note).

    (c) Fishermen's Protective Act of 1967.--The Secretary of Commerce 
and Secretary of the Interior have authority to take appropriate 
monitoring or enforcement actions under section 8 of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1978).
    (d) Agreement on Port State Measures To Prevent, Deter and Eliminate 
Illegal, Unreported and Unregulated Fishing.--The Secretary of Commerce 
has authority to take appropriate monitoring or enforcement actions 
under the Port State Measures Agreement Act of 2015 (16 U.S.C. 7401 et 
seq.).
    (e) Endangered Species Act.--The Secretary of Agriculture, the 
Secretary of the Interior, the Secretary of Homeland Security, the 
Secretary of Commerce, and the Secretary of the Treasury have authority 
to take appropriate monitoring or enforcement actions under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (f) Lacey Act.--The Secretary of Agriculture, the Secretary of 
Commerce, the Secretary of the Interior, the Secretary of Homeland 
Security, and the Secretary of the Treasury have authority to take 
appropriate monitoring or enforcement actions under the Lacey Act 
Amendments of 1981 (16 U.S.C. 3371 et seq.).
    (g) Migratory Bird Treaty Act.--The Secretary of the Interior has 
authority to take appropriate monitoring or enforcement actions under 
the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 et seq.).
    (h) Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act.--
The Secretary of State, the Secretary of the Interior, the Attorney 
General, and Administrator of the United States Agency for International 
Development have authority to take appropriate monitoring or enforcement 
actions under the Eliminate, Neutralize, and Disrupt Wildlife 
Trafficking Act of 2016 (16 U.S.C. 7601 et seq.).
    (i) Wild Bird Conservation Act.--The Secretary of the Interior has 
authority to take appropriate monitoring or enforcement actions under 
the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.).
    (j) Customs Seizure and Other Authorities.--The Secretary of 
Homeland Security has authority to take appropriate monitoring or 
enforcement actions under section 499 of the Tariff Act of 1930 (19 
U.S.C. 1499) or section 596 of such Act (19 U.S.C. 1595a).
    (k) Other Relevant Provisions of Law.--The Interagency Environment 
Committee may request the heads of other Federal

[[Page 134 STAT. 95]]

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. <<NOTE: 19 USC 4716.>>  816. REPORT TO CONGRESS.

    (a) <<NOTE: Consultation.>>  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 1 year after the date on which the USMCA 
        enters into force;
            (2) annually for each of the next 4 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) <<NOTE: Assessment.>>  The updated assessment required 
        by section 812(d).
            (2) <<NOTE: Determination.>>  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. <<NOTE: 19 USC 4717.>>  817. REGULATIONS.

     <<NOTE: Consultation.>> 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. <<NOTE: 19 USC 4731.>>  821. BORDER WATER INFRASTRUCTURE 
                        IMPROVEMENT AUTHORITY.

    (a) <<NOTE: Coordination.>>  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:

[[Page 134 STAT. 96]]

            (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. <<NOTE: 19 USC 4732.>>  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) <<NOTE: Reports.>>  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. <<NOTE: 22 USC 290m-7.>>  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

[[Page 134 STAT. 97]]

        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. <<NOTE: 22 USC 290m-8 note.>> 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. <<NOTE: 22 USC 290m-8 note.>>  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) <<NOTE: Time period.>>  are reviewed and updated not 
        less frequently than annually.

[[Page 134 STAT. 98]]

    (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 <<NOTE: USMCA Supplemental Appropriations Act, 2019.>> --USMCA 
SUPPLEMENTAL APPROPRIATIONS ACT, 2019

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

                        DEPARTMENT OF AGRICULTURE

                          Agricultural Programs

               Animal and Plant Health Inspection Service

                          salaries and expenses

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

                         DEPARTMENT OF COMMERCE

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

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

            Office of the United States Trade Representative

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $50,000,000, 
to remain available until September 30, 2023:  Provided, That 
$30,000,000 shall be available solely to provide for additional capacity 
of the Office during fiscal years 2020 through

[[Page 134 STAT. 99]]

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 one 
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, <<NOTE: Determination. Reimbursement. Time period.>> 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.

[[Page 134 STAT. 100]]

                     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, <<NOTE: Detailed employees. Reports.>> 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

[[Page 134 STAT. 101]]

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, <<NOTE: Applicability.>>  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. <<NOTE: President.>> 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.

[[Page 134 STAT. 102]]

    (b) Senate PAYGO Scorecards.--The budgetary effects of this title 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 4106 of H. Con. Res. 71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the budgetary effects of this 
title shall be estimated for purposes of section 251 of such Act.
    This title may be cited as the ``USMCA Supplemental Appropriations 
Act, 2019''.

    Approved January 29, 2020.

LEGISLATIVE HISTORY--H.R. 5430:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 116-358, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD:
                                                        Vol. 165 (2019):
                                    Dec. 19, considered and passed 
                                        House.
                                                        Vol. 166 (2020):
                                    Jan. 15, 16, considered and passed 
                                        Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
            Jan. 29, Presidential remarks.

                                  <all>