    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

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

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

    TITLE II--CUSTOMS PROVISIONS

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

    TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES

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

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

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

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

    [[Page 12]]

    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.

    [[Page 13]]

    Sec. 734. Reports.

    Subtitle D--Forced Labor

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

    Subtitle E--Enforcement Under Rapid Response Labor Mechanism

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

    TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT

    Sec. 801. Definitions.

    Subtitle A--Interagency Environment Committee for Monitoring and
    Enforcement

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

    Subtitle B--Other Matters

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

    Subtitle C--North American Development Bank

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

    TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

    SEC. <>  2. PURPOSE.

    The purpose of this Act is to approve and implement the Agreement
    between the United States of America, the United Mexican States, and
    Canada entered into under the authority of section 103(b) of the
    Bipartisan Congressional Trade Priorities and Accountability Act of 2015
    (19 U.S.C. 4202(b)).
    SEC. <>  3. DEFINITIONS.

    In this Act:
    (1) Appropriate congressional committees.--The term
    ``appropriate congressional committees'' means the Committee on
    Finance of the Senate and the Committee on Ways and Means of the
    House of Representatives.
    (2) HTS.--The term ``HTS'' means the Harmonized Tariff
    Schedule of the United States.
    (3) Identical goods.--The term ``identical goods'' means
    goods that are the same in all respects relevant to the rule of
    origin that qualifies the goods as originating goods.
    (4) International trade commission.--The term
    ``International Trade Commission'' means the United States
    International Trade Commission.
    (5) Mexico.--The term ``Mexico'' means the United Mexican
    States.
    (6) NAFTA.--The term ``NAFTA'' means the North American Free
    Trade Agreement approved by Congress under section 101(a)(1) of
    the North American Free Trade Agreement Implementation Act (19
    U.S.C. 3311(a)(1)).

    [[Page 14]]

    (7) Preferential tariff treatment.--The term ``preferential
    tariff treatment'' means the customs duty rate that is
    applicable to an originating good (as defined in section 202(a))
    under the USMCA.
    (8) Trade representative.--The term ``Trade Representative''
    means the United States Trade Representative.
    (9) USMCA.--The term ``USMCA'' means the Agreement between
    the United States of America, the United Mexican States, and
    Canada, which is--
    (A) attached as an Annex to the Protocol Replacing
    the North American Free Trade Agreement with the
    Agreement between the United States of America, the
    United Mexican States, and Canada, done at Buenos Aires
    on November 30, 2018, as amended by the Protocol of
    Amendment to the Agreement Between the United States of
    America, the United Mexican States, and Canada, done at
    Mexico City on December 10, 2019; and
    (B) approved by Congress under section 101(a)(1).
    (10) USMCA country.--Except as otherwise provided, the term
    ``USMCA country'' means--
    (A) Canada for such time as the USMCA is in force
    with respect to, and the United States applies the USMCA
    to, Canada; and
    (B) Mexico for such time as the USMCA is in force
    with respect to, and the United States applies the USMCA
    to, Mexico.

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

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

    (a) Approval of USMCA and Statement of Administrative Action.--
    Pursuant to section 106 of the Bipartisan Congressional Trade Priorities
    and Accountability Act of 2015 (19 U.S.C. 4205) and section 151 of the
    Trade Act of 1974 (19 U.S.C. 2191), Congress approves--
    (1) the Protocol Replacing the North American Free Trade
    Agreement with the Agreement between the United States of
    America, the United Mexican States, and Canada, done at Buenos
    Aires on November 30, 2018, as submitted to Congress on December
    13, 2019;
    (2) the Agreement between the United States of America, the
    United Mexican States, and Canada, attached as an Annex to the
    Protocol, as amended by the Protocol of Amendment to the
    Agreement between the United States of America, the United
    Mexican States, and Canada, done at Mexico City on December 10,
    2019, as submitted to Congress on December 13, 2019; and
    (3) the statement of administrative action proposed to
    implement that Agreement, as submitted to Congress on December
    13, 2019.

    (b) Conditions for Entry Into Force of the Agreement.--The
    President <>  is authorized
    to provide for the USMCA to enter into force with respect to Canada and
    Mexico not earlier than 30 days after the date on which the President
    submits to Congress the written notice required by section 106(a)(1)(G)
    of the Bipartisan

    [[Page 15]]

    Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C.
    4205(a)(1)(G)), which shall include the date on which the USMCA will
    enter into force.
    SEC. <>  102. RELATIONSHIP OF THE USMCA TO
    UNITED STATES AND STATE LAW.

    (a) Relationship of USMCA to United States Law.--
    (1) United states law to prevail in conflict.--No provision
    of the USMCA, nor the application of any such provision to any
    person or circumstance, which is inconsistent with any law of
    the United States, shall have effect.
    (2) Construction.--Nothing in this Act shall be construed--
    (A) to amend or modify any law of the United States,
    or
    (B) to limit any authority conferred under any law
    of the United States,
    unless specifically provided for in this Act.

    (b) Relationship of USMCA to State Law.--
    (1) Legal challenge.--No State law, or the application
    thereof, may be declared invalid as to any person or
    circumstance on the ground that the provision or application is
    inconsistent with the USMCA, except in an action brought by the
    United States for the purpose of declaring such law or
    application invalid.
    (2) Definition of state law.--For purposes of this
    subsection, the term ``State law'' includes--
    (A) any law of a political subdivision of a State;
    and
    (B) any State law regulating or taxing the business
    of insurance.

    (c) Effect of USMCA With Respect to Private Remedies.--No person
    other than the United States--
    (1) shall have any cause of action or defense under the
    USMCA or by virtue of congressional approval thereof; or
    (2) may challenge, in any action brought under any provision
    of law, any action or inaction by any department, agency, or
    other instrumentality of the United States, any State, or any
    political subdivision of a State, on the ground that such action
    or inaction is inconsistent with the USMCA.
    SEC. <>  103. IMPLEMENTING ACTIONS
    IN ANTICIPATION OF ENTRY INTO FORCE;
    INITIAL REGULATIONS; TARIFF PROCLAMATION
    AUTHORITY.

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

    [[Page 16]]

    provisions under section 104 may not take effect before the 15th
    day after the date on which the text of the proclamation is
    published in the Federal Register.
    (3) Waiver of 15-day restriction.--The 15-day restriction
    contained in paragraph (2) on the taking effect of proclaimed
    actions is waived to the extent that the application of such
    restriction would prevent the taking effect on the date on which
    the USMCA enters into force of any action proclaimed under this
    section.

    (b) <>  Initial Regulations.--
    (1) In general.--Except as provided by paragraph (2) or (3),
    initial regulations necessary or appropriate to carry out the
    actions required by or authorized under this Act or proposed in
    the statement of administrative action approved under section
    101(a)(2) to implement the USMCA shall, to the maximum extent
    feasible, be prescribed within 1 year after the date on which
    the USMCA enters into force.
    (2) Uniform regulations.--Interim or initial regulations to
    implement the Uniform Regulations regarding rules of origin
    provided for under article 5.16 of the USMCA shall be prescribed
    not later than the date on which the USMCA enters into force.
    (3) Implementing actions with effective dates after entry
    into force.--In the case of any implementing action that takes
    effect on a date after the date on which the USMCA enters into
    force, initial regulations to carry out that action shall, to
    the maximum extent feasible, be prescribed within 1 year after
    such effective date.

    (c) <>  Tariff Modifications.--
    (1) Tariff modifications provided for in the usmca.--The
    President may proclaim--
    (A) such modifications or continuation of any duty,
    (B) such continuation of duty-free or excise
    treatment, or
    (C) such additional duties,
    as the President determines to be necessary or appropriate to
    carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2,
    and 6.3, the Schedule of the United States to Annex 2-B,
    including the appendices to that Annex, Annex 2-C, and Annex 6-
    A, of the USMCA.
    (2) Other tariff modifications.--Subject to the consultation
    and layover provisions of section 104, the President may
    proclaim--
    (A) such modifications or continuation of any duty,
    (B) such modifications as the United States may
    agree to with a USMCA country regarding the staging of
    any duty treatment set forth in the Schedule of the
    United States to Annex 2-B of the USMCA, including the
    appendices to that Annex,
    (C) such continuation of duty-free or excise
    treatment, or
    (D) such additional duties,
    as the President determines to be necessary or appropriate to
    maintain the general level of reciprocal and mutually
    advantageous concessions with respect to a USMCA country
    provided for by the USMCA.

    [[Page 17]]

    (3) Conversion to ad valorem rates.--For purposes of
    paragraphs (1) and (2), with respect to any good for which the
    base rate in the Schedule of the United States to Annex 2-B of
    the USMCA is a specific or compound rate of duty, the President
    shall substitute for the base rate an ad valorem rate that the
    President determines to be equivalent to the base rate.
    (4) Tariff-rate quotas.--In implementing the tariff-rate
    quotas set forth in the Schedule of the United States to Annex
    2-B of the USMCA, the President shall take such actions as may
    be necessary to ensure that imports of agricultural goods do not
    disrupt the orderly marketing of agricultural goods in the
    United States.
    (5) Presidential proclamation authority relating to rules of
    origin.--
    (A) In general.--The President may proclaim, as part
    of the HTS--
    (i) the provisions set forth in Annex 4-B of
    the USMCA;
    (ii) the provisions set forth in paragraph 2
    of article 3.A.6 of Annex 3-A of the USMCA;
    (iii) the provisions set forth in paragraph 5
    of Annex 3-B of the USMCA;
    (iv) the provisions set forth in paragraphs
    14(b), 14(c), and 15(e) of Section B of Appendix 2
    to Annex 2-B of the USMCA; and
    (v) any additional subordinate category that
    is necessary to carry out section 202 and section
    202A consistent with the USMCA.
    (B) Modifications.--
    (i) In general.--Subject to the consultation
    and layover provisions of section 104, the
    President may proclaim modifications to the
    provisions proclaimed under the authority of
    subparagraph (A), other than the provisions of
    chapters 50 through 63 of the USMCA.
    (ii) Special rule for textiles.--
    Notwithstanding clause (i), and subject to the
    consultation and layover provisions of section
    104, the President may proclaim--
    (I) such modifications to the
    provisions proclaimed under the
    authority of subparagraph (A) as are
    necessary to implement an agreement with
    one or more USMCA countries pursuant to
    article 6.4 of the USMCA; and
    (II) <>  before
    the end of the 1-year period beginning
    on the date on which the USMCA enters
    into force, modifications to correct any
    typographical, clerical, or other
    nonsubstantive technical error regarding
    the provisions of chapters 50 through 63
    of the USMCA.
    SEC. <>  104. CONSULTATION AND LAYOVER
    PROVISIONS FOR, AND EFFECTIVE DATE OF,
    PROCLAIMED ACTIONS.

    If a provision <>  of this Act provides that the
    implementation of an action by the President by proclamation is subject
    to the consultation and layover requirements of this section, that
    action may be proclaimed only if--

    [[Page 18]]

    (1) the President has obtained advice regarding the proposed
    action from--
    (A) the appropriate advisory committees established
    under section 135 of the Trade Act of 1974 (19 U.S.C.
    2155); and
    (B) <>  the International Trade
    Commission, which shall hold a public hearing on the
    proposed action before providing advice regarding the
    proposed action;
    (2) <>  the President has submitted to the
    Committee on Finance of the Senate and the Committee on Ways and
    Means of the House of Representatives a report that sets forth--
    (A) the proposed action and the reasons therefor;
    and
    (B) the advice obtained under paragraph (1);
    (3) <>  a period of 60 calendar days,
    beginning on the first day on which the requirements set forth
    in paragraphs (1) and (2) have been met, has expired; and
    (4) the President has consulted with the committees referred
    to in paragraph (2) regarding the proposed action during the
    period referred to in paragraph (3).
    SEC. <>  105. ADMINISTRATION OF DISPUTE
    SETTLEMENT PROCEEDINGS.

    (a) United States Section of Secretariat.--
    (1) <>  Establishment or designation of
    office.--The President is authorized to establish or designate
    within the Department of Commerce an office to serve as the
    United States Section of the Secretariat established under
    article 30.6 of the USMCA.
    (2) Functions and administrative assistance.--The office
    established or designated under paragraph (1), subject to the
    oversight of the interagency group established under section
    411(c)(2), shall--
    (A) carry out its functions within the Secretariat
    to facilitate the operation of the USMCA, including the
    operation of section D of chapter 10 and chapter 31 of
    the USMCA; and
    (B) provide administrative assistance to--
    (i) panels established under chapter 31 of the
    USMCA, including under Annex 31-A (relating to the
    Facility-Specific Rapid Response Labor Mechanism);
    (ii) technical advisers and experts provided
    for under chapter 31 of the USMCA;
    (iii) binational panels and extraordinary
    challenge committees established under section D
    of chapter 10 of the USMCA; and
    (iv) binational panels and extraordinary
    challenge committees established under NAFTA for
    matters covered by article 34.1 of the USMCA
    (relating to transition from NAFTA).
    (3) Treatment of office under freedom of information act.--
    The office established or designated under paragraph (1) shall
    not be considered an agency for purposes of section 552 of title
    5, United States Code.

    (b) Authorization of Appropriations.--There are authorized to be
    appropriated for each fiscal year after fiscal year 2020 to the
    Department of Commerce $2,000,000 for--
    (1) the operations of the office established or designated
    under subsection (a)(1); and

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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. <>  106. TRADE REPRESENTATIVE AUTHORITY.

    If a country (other than the United States) that has signed the
    USMCA does not enact implementing legislation, the Trade Representative
    is authorized to enter into negotiations with the other country that has
    signed the USMCA to consider how the applicable provisions of the USMCA
    can come into force with respect to the United States and that other
    country as promptly as possible.
    SEC. <>  107. EFFECTIVE DATE.

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

    TITLE II--CUSTOMS PROVISIONS

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

    (a) In General.--Section 405(e) of the Uruguay Round Agreements Act
    (19 U.S.C. 3602(e)) is amended to read as follows:
    ``(e) Exclusion of Originating Goods of USMCA Countries.--
    ``(1) <>  In general.--The President shall
    exempt from any duty imposed under this section any good that
    qualifies as an originating good under section 202 of the United
    States-Mexico-Canada Agreement Implementation Act of a USMCA
    country with respect to which preferential tariff treatment is
    provided under the USMCA.
    ``(2) Definitions.--In this subsection, the terms
    `preferential tariff treatment', `USMCA', and `USMCA country'
    have the meanings given those terms in section 3 of the United
    States-Mexico-Canada Agreement Implementation Act.''.

    (b) <>  Effective Date.--

    [[Page 20]]

    (1) In general.--The amendment made by subsection (a)
    shall--
    (A) take effect on the date on which the USMCA
    enters into force; and
    (B) apply with respect to a good entered for
    consumption, or withdrawn from warehouse for
    consumption, on or after that date.
    (2) Transition from nafta treatment.--In the case of a good
    entered for consumption, or withdrawn from warehouse for
    consumption, before the date on which the USMCA enters into
    force--
    (A) the amendment made by subsection (a) to section
    405(e) of the Uruguay Round Agreements Act (19 U.S.C.
    3602(e)) shall not apply with respect to the good; and
    (B) section 405(e) of such Act, as in effect on the
    day before that date, shall continue to apply on and
    after that date with respect to the good.
    SEC. 202. <>  RULES OF ORIGIN.

    (a) Definitions.--In this section:
    (1) Aquaculture.--The term ``aquaculture'' means the farming
    of aquatic organisms, including fish, molluscs, crustaceans,
    other aquatic invertebrates, and aquatic plants from seed stock
    such as eggs, fry, fingerlings, or larvae, by intervention in
    the rearing or growth processes to enhance production such as
    regular stocking, feeding, or protection from predators.
    (2) Customs valuation agreement.--The term ``Customs
    Valuation Agreement'' means the Agreement on Implementation of
    Article VII of the General Agreement on Tariffs and Trade 1994
    referred to in section 101(d)(8) of the Uruguay Round Agreements
    Act (19 U.S.C. 3511(d)(8)).
    (3) Fungible good or fungible material.--The term ``fungible
    good'' or ``fungible material'' means a good or material, as the
    case may be, that is interchangeable with another good or
    material for commercial purposes and the properties of which are
    essentially identical to such other good or material.
    (4) Good wholly obtained or produced entirely in the
    territory of one or more usmca countries.--The term ``good
    wholly obtained or produced entirely in the territory of one or
    more USMCA countries'' means any of the following:
    (A) A mineral good or other naturally occurring
    substance extracted or taken from the territory of one
    or more USMCA countries.
    (B) A plant, plant good, vegetable, or fungus grown,
    cultivated, harvested, picked, or gathered in the
    territory of one or more USMCA countries.
    (C) A live animal born and raised in the territory
    of one or more USMCA countries.
    (D) A good obtained in the territory of one or more
    USMCA countries from a live animal.
    (E) An animal obtained by hunting, trapping,
    fishing, gathering, or capturing in the territory of one
    or more USMCA countries.
    (F) A good obtained in the territory of one or more
    USMCA countries from aquaculture.
    (G) A fish, shellfish, or other marine life taken
    from the sea, seabed, or subsoil outside the territory
    of one

    [[Page 21]]

    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 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 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 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 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 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 =                    ----------                100
    TV                       ......................

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

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

    (B) Definitions.--In this paragraph:
    (i) NC.--The term ``NC'' means the net cost of
    the good.
    (ii) RVC.--The term ``RVC'' means the regional
    value content of the good, expressed as a
    percentage.
    (iii) VNM.--The term ``VNM'' means the value
    of nonoriginating materials used by the producer
    in the production of the good.
    (4) Value of nonoriginating materials.--
    (A) In general.--The value of nonoriginating
    materials used by the producer in the production of a
    good shall not, for purposes of calculating the regional
    value content of the good under paragraph (2) or (3),
    include the value of nonoriginating materials used or
    consumed to produce originating materials that are
    subsequently used or consumed in the production of the
    good.
    (B) Special rule for certain components.--The
    following components of the value of nonoriginating
    materials used by the producer in the production of a
    good may be counted as originating content for purposes
    of determining whether the good meets the regional value
    content requirement set forth in Annex 4-B of the USMCA:
    (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 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 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 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 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 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 32]]

    applicable regional value content of the good set forth
    in Annex 4-B of the USMCA.
    (2) <>  Conditions.--Paragraph (1)
    shall apply only if--
    (A) the accessories, spare parts, tools, or
    instructional or other information materials are
    classified with and delivered with, but not invoiced
    separately from, the good; and
    (B) the types, quantities, and value of the
    accessories, spare parts, tools, or instructional or
    other information materials are customary for the good.

    (i) Packaging Materials and Containers for Retail Sale.--Packaging
    materials and containers in which a good is packaged for retail sale, if
    classified with the good, shall be disregarded in determining whether
    all of the nonoriginating materials used in the production of the good
    undergo the applicable process or change in tariff classification
    requirement set forth in Annex 4-B of the USMCA, or whether the good is
    a good wholly obtained or produced entirely in the territory of one or
    more USMCA countries. If the good is subject to a regional value content
    requirement set forth in that Annex, the value of such packaging
    materials and containers shall be taken into account as originating or
    nonoriginating materials, as the case may be, in calculating the
    regional value content of the good.
    (j) Packing Materials and Containers for Shipment.--Packing
    materials and containers for shipment shall be disregarded in
    determining whether a good is an originating good.
    (k) Indirect Materials.--An indirect material shall be treated as an
    originating material without regard to where it is produced.
    (l) Transit and Transshipment.--A good that has undergone production
    necessary to qualify as an originating good under subsection (c) shall
    not be considered to be an originating good if, subsequent to that
    production, the good--
    (1) undergoes further production or any other operation
    outside the territory of a USMCA country, other than--
    (A) unloading, reloading, separation from a bulk
    shipment, storing, labeling, or marking, as required by
    a USMCA country; or
    (B) any other operation necessary to preserve the
    good in good condition or to transport the good to the
    territory of the importing USMCA country; or
    (2) does not remain under the control of customs authorities
    in a country other than a USMCA country.

    (m) Goods Classifiable as Goods Put Up in Sets.--
    (1) Goods other than textile or apparel goods.--
    Notwithstanding the rules set forth in Annex 4-B of the USMCA,
    goods classifiable as goods put up in sets for retail sale as
    provided for in rule 3 of the General Rule of Interpretation of
    the HTS shall not be considered to be originating goods unless--
    (A) each of the goods in the set is an originating
    good; or
    (B) the total value of the nonoriginating goods in
    the set does not exceed 10 percent of the value of the
    set.
    (2) Textile or apparel goods.--Notwithstanding the rules set
    forth in Annex 4-B of the USMCA, goods classifiable as goods put
    up in sets for retail sale as provided for in rule 3 of the
    General Rule of Interpretation of the HTS shall not be
    considered to be originating goods unless--

    [[Page 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. <>  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 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) <>  In general.--Not later
    than 30 days after the date of the enactment of this Act, the
    President shall establish an interagency committee--
    (A) to provide advice, as appropriate, on the
    implementation, enforcement, and modification of
    provisions of the USMCA that relate to automotive goods,
    including the alternative staging regime; and
    (B) <>  to review the operation of
    the USMCA with respect to trade in automotive goods,
    including--
    (i) the economic effects of the automotive
    rules of origin on the United States economy,
    workers, and consumers; and
    (ii) the impact of new technology on such
    rules of origin.
    (2) Members.--The members of the interagency committee shall
    be the following:
    (A) The Trade Representative.
    (B) The Secretary of Commerce.
    (C) The Commissioner.
    (D) The Secretary of Labor.
    (E) The Chair of the International Trade Commission.
    (F) Any other members determined to be necessary by
    the Trade Representative.
    (3) Chair.--The chair of the interagency committee shall be
    the Trade Representative.
    (4) Use of information.--
    (A) Information sharing.--Notwithstanding any other
    provision of law, the members of the interagency
    committee may exchange information for purposes of
    carrying out this section.
    (B) Confidentiality of information.--The interagency
    committee and any Federal agency represented on the
    interagency committee may not disclose to the public any
    confidential documents or information received in the
    course of carrying out this section, except information
    aggregated to preserve confidentiality and used in the
    reports described in subsection (g).

    (c) Certification Requirements.--
    (1) Certification relating to labor value content
    requirements.--
    (A) In general.--A covered vehicle shall be eligible
    for preferential tariff treatment only if the producer
    of the covered vehicle--
    (i) provides a certification to the
    Commissioner that the production of covered
    vehicles by the producer meets the labor value
    content requirements, including the high-wage
    material and manufacturing expenditures, high-wage
    technology expenditures, and high-

    [[Page 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) <>  the Secretary of
    Labor, in consultation with the Commissioner,
    shall ensure that the certification of a producer
    under subparagraph (A)(i) does not contain
    omissions or errors before the certification is
    considered properly filed; and
    (ii) a calculation described in subparagraph
    (A)(i) based on a producer's preceding fiscal or
    calendar year is valid for the producer's
    subsequent fiscal or calendar year, as the case
    may be, as set forth in articles 7 and 8 of the
    automotive appendix.
    (C) <>  Regulations
    required.--The Secretary of the Treasury, in
    consultation with the Secretary of Labor, shall
    prescribe regulations to carry out this paragraph,
    including regulations setting forth the procedures and
    requirements for a producer of covered vehicles to
    establish that the producer meets the labor value
    content requirements for preferential tariff treatment.
    (2) Certification relating to steel and aluminum purchase
    requirements.--
    (A) In general.--A covered vehicle shall be eligible
    for preferential tariff treatment only if the producer
    of the covered vehicle--
    (i) provides a certification to the
    Commissioner that the production of covered
    vehicles by the producer meets the steel and
    aluminum purchase requirements set forth in
    article 6 of the automotive appendix or, if the
    producer is subject to the alternative staging
    regime, articles 6 and 8 of that appendix; and
    (ii) has information on record to support the
    calculations relied on for the certification.
    (B) Implementation.--For purposes of meeting the
    requirements under subparagraph (A)--
    (i) the Commissioner shall ensure that the
    certification of a producer under subparagraph
    (A)(i) does not contain omissions or errors before
    the certification is considered properly filed;
    and
    (ii) a calculation described in subparagraph
    (A)(ii) based on a producer's preceding fiscal or
    calendar year is valid for the producer's
    subsequent fiscal or calendar year, as the case
    may be, as set forth in articles 6 and 8 of the
    automotive appendix.
    (C) <>  Regulations required.--
    The Secretary of the Treasury shall prescribe
    regulations to carry out this paragraph, including
    regulations setting forth the procedures and
    requirements for a producer of covered vehicles to
    establish that the producer meets the steel and aluminum
    purchase requirements for preferential tariff treatment.

    [[Page 36]]

    (d) Alternative Staging Regime.--
    (1) <>  Publication
    of requirements.--Not later than 90 days after the date of the
    enactment of this Act, the Trade Representative, in consultation
    with the interagency committee, shall publish in the Federal
    Register requirements, procedures, and guidance required to
    implement the alternative staging regime, including with respect
    to the following:
    (A) <>  The procedures,
    calculation methodology, timeframe, specific regional
    value content thresholds, and other minimum
    requirements, consistent with article 8 of the
    automotive appendix, with which a producer of covered
    vehicles subject to the alternative staging regime is
    required to comply during the alternative staging regime
    period for such vehicles to be eligible for preferential
    tariff treatment pursuant to the alternative staging
    regime.
    (B) The date by which requests for the alternative
    staging regime are required to be submitted.
    (C) The information a producer of passenger vehicles
    or light trucks is required to provide, in the
    producer's request to use the alternative staging
    regime, to demonstrate the actions that the producer
    will take to be prepared to meet all the requirements
    set forth in articles 2 through 7 of the automotive
    appendix after the alternative staging regime period has
    expired, including the following:
    (i) A statement identifying which of the
    requirements set forth in articles 2 through 7 of
    the automotive appendix that the producer expects
    it will be unable to meet upon entry into force of
    the USMCA based on current business plans.
    (ii) <>  A statement
    indicating whether the passenger vehicles or light
    trucks for which the producer seeks to use the
    alternative staging regime account for 10 percent
    or less, or more than 10 percent, of the total
    production of passenger vehicles or light trucks,
    as the case may be, in USMCA countries by the
    producer during the 12-month period preceding the
    date on which the USMCA enters into force, or the
    average of such production during the 36-month
    period preceding that date, whichever is greater.
    (iii) In the case of a producer that seeks to
    use the alternative staging regime for more than
    10 percent of the producer's total production of
    passenger vehicles or light trucks, as the case
    may be, in USMCA countries--
    (I) <>  a detailed and
    credible plan describing with
    specificity the actions the producer
    intends to take to bring production of
    the passenger vehicles or light trucks,
    as the case may be, into compliance with
    the requirements set forth in articles 2
    through 7 of the automotive appendix
    after the alternative staging regime
    period expires; and
    (II) <>  a
    statement indicating the time period for
    which the producer is requesting to use
    the alternative staging regime, if that
    time period is greater than 5 years
    after the USMCA enters into force.

    [[Page 37]]

    (D) <>  The procedures for
    accepting and reviewing requests for the alternative
    staging regime, including that the Trade Representative
    will--
    (i) <>  notify
    a producer of any deficiencies in the request of
    the producer that would result in a denial of the
    request not later than 30 days after the request
    is submitted; and
    (ii) provide producers the opportunity to
    submit supplemental information.
    (E) <>  The criteria
    the Trade Representative, in consultation with the
    interagency committee, will consider when determining
    whether to approve a request for the alternative staging
    regime. Such criteria shall only include elements
    necessary for the producer to demonstrate the producer's
    ability to meet the requirements specified in
    subparagraphs (A) and (B). The criteria shall also
    describe the information to meet those requirements in
    sufficient detail to allow the producer to identify the
    information necessary to complete a request for the
    alternative staging regime.
    (F) The opportunity for a producer described in
    subparagraph (C)(iii) to modify the producer's request
    for the alternative staging regime.
    (2) <>  Review of
    requests for alternative staging regime.--
    (A) In general.--In reviewing the request of a
    producer of passenger vehicles or light trucks for the
    alternative staging regime, the Trade Representative, in
    consultation with the interagency committee, shall
    determine--
    (i) whether the request covers 10 percent or
    less, or more than 10 percent, of the production
    of passenger vehicles or light trucks in USMCA
    countries by the producer; and
    (ii) whether the producer has identified with
    specificity which of the requirements set forth in
    articles 2 through 7 of the automotive appendix
    the producer is unable to meet based on current
    business plans.
    (B) Approval of alternative staging regime for
    passenger vehicle or light truck production not
    exceeding 10 percent of north american production.--The
    Trade Representative shall authorize the use of the
    alternative staging regime if the Trade Representative,
    in consultation with the interagency committee,
    determines that--
    (i) the request for the alternative staging
    regime covers passenger vehicles or light trucks
    that do not exceed 10 percent of the production of
    passenger vehicles or lights trucks, as the case
    may be, in USMCA countries by the producer; and
    (ii) the producer has identified with
    specificity which of the requirements set forth in
    articles 2 through 7 of the automotive appendix
    the producer is unable to meet based on current
    business plans.
    (C) Approval of alternative staging regime for
    passenger vehicle or light truck production exceeding 10
    percent of north american production.--

    [[Page 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) <>  Deadline for review.--
    Not later than 120 days after receiving a request of a
    producer for the alternative staging regime, the Trade
    Representative, in consultation with the interagency
    committee, shall--
    (i) review the request;
    (ii) <>  make a
    determination with respect to whether to authorize
    the use of the alternative staging regime; and
    (iii) provide to each producer a response in
    writing stating whether the producer may use the
    alternative staging regime.
    (B) Establishment of a public list.--The Trade
    Representative shall maintain, and update as necessary,
    a public list of the producers of covered vehicles that
    have been authorized to use the alternative staging
    regime.
    (C) <>  Reporting.--Before a
    determination is made with respect to whether to
    authorize the use of the alternative staging regime, the
    Trade Representative shall provide to the appropriate
    congressional committees a summary of requests for the
    alternative staging regime.
    (4) Alternative staging regime review and modification.--
    (A) Material changes to circumstances.--
    (i) Notification.--If the request of a
    producer to use the alternative staging regime for
    more than 10 percent of the total production of
    passenger vehicles or light trucks, as the case
    may be, in USMCA countries by the producer has
    been granted, the producer shall notify the Trade
    Representative and the interagency committee of
    any material changes to the information contained
    in the request, including any supplemental
    information relating to that request, and of any
    material changes to circumstances, that will

    [[Page 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 <>
    90 days after receiving a request
    submitted under subclause (I), the Trade
    Representative, in consultation with the
    interagency committee, shall--
    (aa) review the request;
    (bb) make a determination
    with respect to whether the
    modified plan is based on
    substantial evidence and
    reasonably calculated to ensure
    that the producer will still be
    able to meet the requirements
    set forth in articles 2 through
    7 of the automotive appendix
    after the alternative staging
    regime period has expired;
    (cc) if the Trade
    Representative makes an
    affirmative determination under
    item (bb), approve the modified
    plan; and

    (dd) <>
    notify the producer in writing
    of the determination.

    (iii) <>  Inability to meet requirements.--If the
    Trade Representative, in consultation with the
    interagency committee, determines that the
    information provided by a producer under clause
    (i) demonstrates that the producer will no longer
    be able to meet the requirements set forth in
    articles 2 through 7 of the automotive appendix
    after the alternative staging regime period has
    expired, the Trade Representative shall notify the
    producer in writing, and no claim for preferential
    tariff treatment may be made, on or after the date
    of the determination, with respect to a covered
    vehicle of the producer pursuant to the
    alternative staging regime.
    (5) Failure to meet requirements for alternative staging
    regime.--
    (A) <>  In
    general.--If, at any time, the Trade Representative, in
    consultation with the interagency committee, makes a
    determination described in subparagraph (B) with respect
    to a producer of covered vehicles subject to the
    alternative staging regime--
    (i) any claim for preferential tariff
    treatment under the alternative staging regime for
    any covered vehicle of that producer shall be
    considered invalid; and
    (ii) notwithstanding the finality of a
    liquidation of an entry, the importer of any
    covered vehicle of that producer shall be liable
    for the duties, taxes, and fees that would have
    been applicable to that vehicle if preferential
    tariff treatment pursuant to the

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

    [[Page 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) <>  In general.--The Trade
    Representative, in consultation with the interagency
    committee, shall conduct a biennial review of the
    operation of the USMCA with respect to trade in
    automotive goods, including--
    (i) <>  to the extent
    practicable, a summary of actions taken by
    producers to demonstrate compliance with the
    automotive rules of origin, use of the alternative
    staging regime, enforcement of such rules of
    origin, and other relevant matters; and
    (ii) whether the automotive rules of origin
    are effective and relevant in light of new
    technology and changes in the content, production
    processes, and character of automotive goods.
    (B) Report.--
    (i) In general.--The Trade Representative
    shall submit to the appropriate congressional
    committees a report on each review conducted under
    subparagraph (A).
    (ii) Initial report.--The first report
    required under clause (i) shall be submitted not
    later than 2 years after the date on which the
    USMCA enters into force.
    (iii) Termination of reporting requirement.--
    The requirement to submit reports under clause (i)
    shall terminate on the date that is 10 years after
    the date on which the USMCA enters into force.
    (2) <>  Report by international
    trade commission.--Not later than 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 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) <>
    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 44]]

    by reason of this paragraph may not be funded with money contained in
    the Customs User Fee Account.''.
    (b) <>  Effective Date.--
    (1) In general.--The amendment made by subsection (a)
    shall--
    (A) take effect on the date on which the USMCA
    enters into force; and
    (B) apply with respect to a good entered or released
    on or after that date.
    (2) Transition from nafta treatment.--In the case of a good
    entered or released before the date on which the USMCA enters
    into force--
    (A) the amendments made by subsection (a) to section
    13031(b)(10)(B) of the Consolidated Omnibus Budget
    Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)(B))
    shall not apply with respect to the good; and
    (B) section 13031(b)(10)(B) of such Act, as in
    effect on the day before that date, shall continue to
    apply on and after that date with respect to the good.
    (3) Entered or released defined.--In this subsection, the
    term ``entered or released'' has the meaning given that term in
    section 13031(b)(8)(E) of the Consolidated Omnibus Budget
    Reconciliation Act of 1985 (19 U.S.C. 58c(b)(8)(E)).
    SEC. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE
    CERTIFICATIONS OF ORIGIN; DENIAL OF
    PREFERENTIAL TARIFF TREATMENT.

    (a) Disclosure of Incorrect Information.--Section 592 of the Tariff
    Act of 1930 (19 U.S.C. 1592) is amended--
    (1) in subsection (c), by striking paragraph (5) and
    inserting the following:
    ``(5) Prior disclosure regarding claims under the usmca.--An
    importer shall not be subject to penalties under subsection (a)
    for making an incorrect claim that a good qualifies as an
    originating good under section 202 of the United States-Mexico-
    Canada Agreement Implementation Act if the importer, in
    accordance with regulations prescribed by the Secretary of the
    Treasury, promptly makes a corrected declaration and pays any
    duties owing with respect to that good.''; and
    (2) by striking subsection (f) and inserting the following:

    ``(f) False Certifications of Origin Under the USMCA.--
    ``(1) In general.--Subject to paragraph (2), it is unlawful
    for any person to certify falsely, by fraud, gross negligence,
    or negligence, in a USMCA certification of origin (as such term
    is defined in section 508 of this Act) that a good exported from
    the United States qualifies as an originating good under the
    rules of origin provided for in section 202 of the United
    States-Mexico-Canada Agreement Implementation Act. The
    procedures and penalties of this section that apply to a
    violation of subsection (a) also apply to a violation of this
    subsection.
    ``(2) Prompt and voluntary disclosure of incorrect
    information.--No penalty shall <>  be
    imposed under this subsection if, promptly after an exporter or
    producer that issued a USMCA certification of origin has reason
    to believe that such certification contains or is based on
    incorrect information, the exporter or producer voluntarily
    provides written notice

    [[Page 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 <> and Border Protection or U.S.
    Immigration and Customs Enforcement of the Department of Homeland
    Security finds indications of a pattern of conduct by an importer,
    exporter, or producer of false or unsupported representations that goods
    qualify under the rules of origin provided for in section 202 of the
    United States-Mexico-Canada Agreement Implementation Act, U.S. Customs
    and Border Protection, in accordance with regulations prescribed by the
    Secretary of the Treasury, may suspend preferential tariff treatment
    under the USMCA (as defined in section 3 of that Act) to entries of
    identical goods covered by subsequent representations by that importer,
    exporter, or producer until U.S. Customs and Border Protection
    determines that representations of that person are in conformity with
    such section 202.''.

    (c) <>  Effective Date.--
    (1) In general.--The amendments made by subsections (a) and
    (b) shall--
    (A) take effect on the date on which the USMCA
    enters into force; and
    (B) apply with respect to a good entered, or
    exported from the United States, as the case may be, on
    or after that date.
    (2) Transition from nafta treatment.--In the case of a good
    entered, or exported from the United States, as the

    [[Page 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) <>  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 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 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) <>  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 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. <>  207. ACTIONS REGARDING VERIFICATION
    OF CLAIMS UNDER THE USMCA.

    (a) Verification.--
    (1) Origin verification.--
    (A) In general.--The Secretary of the Treasury may,
    pursuant to article 5.9 of the USMCA, conduct a
    verification of whether a good is an originating good
    under section 202 or 202A.
    (B) <>  Additional requirements.--
    If the Secretary conducts a verification under
    subparagraph (A), the President may direct the
    Secretary--
    (i) during the verification process, to
    release the good only upon payment of duties or
    provision of security; and
    (ii) if the Secretary makes a negative
    determination under subsection (b), to take action
    under subsection (c).
    (2) Textile and apparel goods.--
    (A) In general.--The Secretary of the Treasury may,
    pursuant to article 6.6 of the USMCA, conduct a
    verification described in subparagraph (C) with respect
    to a textile or apparel good.
    (B) <>  Additional requirements.--
    If the Secretary conducts a verification under
    subparagraph (A) with respect to a textile or apparel
    good, the President may direct the Secretary--
    (i) during the verification process, to take
    appropriate action described in subparagraph (D);
    and
    (ii) if the Secretary makes a negative
    determination described in subsection (b), to take
    action under subsection (c).
    (C) Verification described.--A verification
    described in this subparagraph with respect to a textile
    or apparel good is--
    (i) a verification of whether the good
    qualifies for preferential tariff treatment under
    the USMCA; or
    (ii) a verification of whether customs
    offenses are occurring or have occurred with
    respect to the good.
    (D) <>  Action during
    verification.--Appropriate action described in this
    subparagraph may consist of--

    [[Page 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 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 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. <>  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 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) <>  Effective Date.--
    (1) In general.--The amendments made by this section shall--
    (A) take effect on the date on which the USMCA
    enters into force; and
    (B) apply with respect to a good entered for
    consumption, or withdrawn from warehouse for
    consumption, on or after that date.
    (2) Transition from nafta treatment.--In the case of a good
    entered for consumption, or withdrawn from warehouse for
    consumption, before the date on which the USMCA enters into
    force--
    (A) the amendments made by this section shall not
    apply with respect to the good; and
    (B) the provisions of law amended by this section,
    as such provisions were in effect on the day before that
    date, shall continue to apply on and after that date
    with respect to the good.

    (e) <>  Effective Date Relating to Exchange
    of Information.--Notwithstanding the amendment made by subsection (c),
    the Secretary of the Treasury shall retain the authority provided in
    section 628(c) of the Tariff Act of 1930 (as in effect on the day before
    the date on which the USMCA enters into force) to exchange information
    with any government agency of a NAFTA country (as defined in section 2
    of the North American Free Trade Agreement Implementation Act (as in
    effect on the day before the date on which the USMCA enters into
    force)).
    SEC. <>  210. REGULATIONS.

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

    [[Page 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. <>  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 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. <>  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 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) <>
    promptly publish notice of the commencement of any investigation
    under subsection (a) in the Federal Register; and
    (2) within a reasonable time period thereafter, hold public
    hearings at which the Commission shall afford interested parties
    an opportunity to be present, to present evidence, to respond to
    presentations of other parties, and otherwise to be heard.

    (d) Factors Applied in Making Determinations.--In making a
    determination under subsection (a) of whether a request by a person of
    Mexico to receive a grant of authority, or a person of Mexico who has
    received a grant of authority and retains such grant of authority, as
    the case may be, threatens to cause material harm to a United States
    long-haul trucking services industry, the Commission shall--
    (1) consider, among other things, and as relevant--
    (A) the volume and tonnage of merchandise
    transported; and
    (B) the employment, wages, hours of service, and
    working conditions; and
    (2) with respect to a change in circumstances described in
    subsection (a)(3), take into account those operations by persons
    of Mexico under grants of authority in effect as of the date of
    entry into force of the USMCA are not causing material harm.

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

    [[Page 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 <> Protective Order.--The Commission shall
    promulgate regulations to provide access to confidential business
    information under protective order to authorized representatives of
    interested parties who are parties to an investigation under subsection
    (a).

    (g) Deadline for Determination.--
    (1) In general.--Not later than 120 days after the date on
    which an investigation is initiated under subsection (a) with
    respect to a petition, request, or resolution, the Commission
    shall make a determination with respect to the petition,
    request, or resolution.
    (2) Exception.--If, before the 100th day after an
    investigation is initiated under subsection (a), the Commission
    determines that the investigation is extraordinarily
    complicated, the Commission shall make its determination with
    respect to the investigation not later than 150 days after the
    date referred to in paragraph (1).

    (h) Applicable Provisions.--For purposes of this subtitle, the
    provisions of paragraphs (1), (2), and (3) of section 330(d) of the
    Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect to
    determinations and findings made under this section as if such
    determinations and findings were made under section 202 of the Trade Act
    of 1974 (19 U.S.C. 2252).
    SEC. <>  323. COMMISSION RECOMMENDATIONS AND
    REPORT.

    (a) In General.--If the Commission makes an affirmative
    determination under section 322, the Commission shall recommend the
    action that is necessary to address the material harm or threat of
    material harm found.
    (b) Limitation.--Only those members of the Commission who agreed to
    the affirmative determination under section 322 are eligible to vote on
    the recommendation required to be made under subsection (a).
    (c) Report.--Not later than the date that is 60 days after the date
    on which the determination is made under section 322, the Commission
    shall submit to the President a report that includes--
    (1) the determination and an explanation of the basis for
    the determination;
    (2) if the determination is affirmative, recommendations for
    action and an explanation of the basis for the recommendation;
    and

    [[Page 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) <>
    publish a summary of the report in the Federal Register.
    SEC. <>  324. ACTION BY PRESIDENT WITH RESPECT
    TO AFFIRMATIVE DETERMINATION.

    (a) <>  In General.--Not later than the date that
    is 30 days after the date on which the President receives a report of
    the Commission in which the Commission's determination under section 322
    is affirmative or which contains a determination that the President may
    treat as affirmative in accordance with section 330(d)(1) of the Tariff
    Act of 1930 (19 U.S.C. 1330(d)(1))--
    (1) the President shall, subject to subsection (b), issue an
    order to the Secretary of Transportation specifying the relief
    to be provided, consistent with subsection (c), and directing
    the relief to be carried out; and
    (2) the Secretary of Transportation shall carry out such
    relief.

    (b) Exception.--The President is not required to provide relief
    under this section if the President determines that provision of such
    relief--
    (1) is not in the national economic interest of the United
    States; or
    (2) would cause serious harm to the national security of the
    United States.

    (c) Nature of Relief.--
    (1) In general.--The relief the President is authorized to
    provide under this subsection is as follows:
    (A)(i) With respect to a determination relating to
    an investigation under section 322(a)(1), the denial or
    imposition of limitations on a request for a new grant
    of authority by the persons of Mexico that are the
    subject of the investigation.
    (ii) With respect to a determination relating to an
    investigation under section 322(a)(1), the revocation
    of, or restrictions on, grants of authority issued to
    the persons of Mexico that are the subject of the
    investigation since the date of the petition, request,
    or resolution.
    (B) With respect to a determination relating to an
    investigation under section 322(a)(2) or (3), the
    revocation or imposition of limitations on an existing
    grant of authority by the persons of Mexico that are the
    subject of the investigation.
    (C) With respect to a determination relating to an
    investigation under section 322(a)(1), (2), or (3), a
    cap on the number of grants of authority issued to
    persons of Mexico annually.
    (2) Deadline for relief.--Not later than 15 days after the
    date on which the President determines the relief to be provided
    under this subsection, the President shall direct the Secretary
    of Transportation to carry out the relief.

    (d) Period of Relief.--

    [[Page 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) <>  Investigation.--
    Upon request of the President, or upon the filing
    by an interested party described in subparagraph
    (A), (B), or (C) of section 321(8) which is
    representative of a United States long-haul
    trucking services industry that is filed with the
    Commission not earlier than the date that is 270
    days, and not later than the date that is 240
    days, before the date on which any action taken
    under this section is to terminate, the Commission
    shall conduct an investigation to determine
    whether action under this section continues to be
    necessary to remedy or prevent material harm.
    (ii) Notice and hearing.--The Commission
    shall--
    (I) <>  publish notice of the
    commencement of an investigation under
    clause (i) in the Federal Register; and
    (II) within a reasonable time
    thereafter, hold a public hearing at
    which the Commission shall afford
    interested parties an opportunity to be
    present, to present evidence, and to
    respond to the presentations of other
    parties and consumers, and otherwise be
    heard.
    (iii) Report.--Not later than the date that is
    60 days before relief provided under subsection
    (a) is to terminate, or such other date as
    determined by the President, the Commission shall
    submit to the President a report on its
    investigation and determination under this
    subparagraph.
    (C) Period of relief.--Any relief provided under
    this section, including any extension thereof, may not,
    in the aggregate, be in effect for more than 6 years.
    (D) Limitation.--
    (i) In general.--Except as provided in clause
    (ii), the Commission may not conduct an
    investigation under subparagraph (B)(i) if--
    (I) the subject matter of the
    investigation is the same as the subject
    matter of a previous investigation
    conducted under subparagraph (B)(i); and
    (II) <>  less
    than 1 year has elapsed since the
    Commission made its report to the
    President of the results of such
    previous investigation.

    [[Page 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). <>  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 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 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) <>  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 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 <>  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 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 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 66]]

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

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

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

    Subtitle D--General Provisions

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

    (a) In General.--Except as provided in subsection (b), on the date
    on which a country ceases to be a USMCA country, the provisions of this
    title (other than this section) and the amendments made by this title
    shall cease to have effect with respect to that country.
    (b) Transition Provisions.--
    (1) Proceedings regarding protective orders and
    undertakings.--If on the date on which a country ceases to be a
    USMCA country an investigation or enforcement proceeding
    concerning the violation of a protective order issued under
    section 777(f) of the Tariff Act of 1930 (as amended by this
    title) or an undertaking of the government of that country is
    pending, the investigation or proceeding shall continue, and
    sanctions may continue to be imposed, in accordance with the
    provisions of such section 777(f) (as so amended).
    (2) Binational panel and extraordinary challenge committee
    reviews.--If on the date on which a country ceases to be a USMCA
    country--
    (A) a binational panel review under article 10.12 of
    the USMCA is pending, or has been requested, or
    (B) an extraordinary challenge committee review
    under that article is pending, or has been requested,
    with respect to a determination which involves a class or kind
    of merchandise and to which subsection (g)(2) of section 516A of
    the Tariff Act of 1930 (19 U.S.C. 1516a) applies, such
    determination shall be reviewable under subsection (a) of that
    section. In the case of a determination to which the provisions
    of this paragraph apply, the time limits for commencing an
    action under 516A(a) of the Tariff Act of 1930 shall not begin
    to run until the date on which the USMCA ceases to be in force
    with respect to that country.
    SEC. <>  432. EFFECTIVE DATE.

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

    [[Page 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) <>  Clerical Amendment.--Section 208 of this
    Act is amended in the section heading by striking ``[reserved]''.

    (b) USMCA Drawback.--Subsection (a) of section 203 of the North
    American Free Trade Agreement Implementation Act (19 U.S.C. 3333) is--
    (1) transferred to section 208 <>  of
    this Act;
    (2) inserted after the section heading for that section (as
    amended by subsection (a)); and
    (3) amended--
    (A) by striking ``NAFTA country'' each place it
    appears and inserting ``USMCA country'';
    (B) in the subsection heading, by striking ``NAFTA''
    and inserting ``USMCA'';
    (C) in the matter preceding paragraph (1)--
    (i) by striking ``and the amendments made by
    subsection (b)''; and
    (ii) by striking ``NAFTA drawback'' and
    inserting ``USMCA drawback'';
    (D) in paragraph (2)--
    (i) in subparagraph (A), by inserting
    ``sorting, marking,'' after ``repacking,''; and
    (ii) in subparagraph (B), by striking
    ``paragraph 12 of section A of Annex 703.2 of the
    Agreement'' and inserting ``paragraph 11 of Annex
    3-B of the USMCA''; and
    (E) by amending paragraph (6) to read as follows:
    ``(6) A good provided for in subheading 1701.13.20 or
    1701.14.20 of the HTS that is imported under any re-export
    program or any like program and that is--
    ``(A) used as a material, or
    ``(B) substituted for by a good of the same kind and
    quality that is used as a material,
    in the production of a good provided for in existing Canadian
    tariff item 1701.99.00 or existing Mexican tariff item
    1701.99.01, 1701.99.02, or 1701.99.99 (relating to refined
    sugar).''.

    (c) Same Kind and Quality.--Section 208 of this Act, as amended by
    subsection (b), is further amended by adding at the end the following:
    ``(b) Same Kind and Quality.--For purposes of paragraphs
    (3)(A)(iii), (5)(C), (6)(B), and (8) of subsection (a), and for purposes
    of obtaining refunds, waivers, or reductions of customs duties with
    respect to a good subject to USMCA drawback under section 313(n)(2) of
    the Tariff Act of 1930 (19 U.S.C. 1313(n)(2)), a good is a good of the
    same kind and quality as another good--
    ``(1) for a good described in such paragraph (6)(B), if the
    good would have been considered of the same kind and quality

    [[Page 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 <>  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 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) <>  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 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 <>  301; and
    (4) amended--
    (A) in the section heading, by striking ``nafta''
    and inserting ``usmca'';
    (B) in subsection (c), by striking ``section
    312(a)'' and inserting ``section 302(a)''; and
    (C) by striking ``NAFTA'' each place it appears and
    inserting ``USMCA''.

    (c) Presidential Action Regarding Imports.--Section 312 of the North
    American Free Trade Agreement Implementation Act (19 U.S.C. 3372) is--
    (1) transferred to subtitle A of title III of this Act;
    (2) inserted after section 301 (as inserted and redesignated
    by subsection (b));
    (3) redesignated as section <>  302; and
    (4) amended--
    (A) in the section heading, by striking ``nafta''
    and inserting ``usmca'';
    (B) in subsection (b), in the subsection heading, by
    striking ``NAFTA'' and inserting ``USMCA'';
    (C) in subsection (c), in the subsection heading, by
    striking ``NAFTA'' and inserting ``USMCA''; and
    (D) by striking ``NAFTA'' each place it appears and
    inserting ``USMCA''.

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

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

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

    (e) <>  Effective Date.--
    (1) In general.--Each transfer, redesignation, and amendment
    made by this section shall--
    (A) take effect on the date on which the USMCA
    enters into force; and

    [[Page 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. <>  2116) is--
    (1) <>  transferred to subtitle B of
    title III of this Act;
    (2) <>  inserted after the heading (as
    amended by subsection (a)) of such subtitle;
    (3) <>  redesignated as
    section 311; and
    (4) amended--
    (A) by striking subsections (b) and (c);
    (B) by striking ``(a)'' and all that follows through
    ``Upon'' and inserting ``Upon'';
    (C) by striking ``the Agreement'' each place it
    appears and inserting ``the USMCA'';
    (D) by striking ``Annex 1603'' and inserting ``Annex
    16-A''; and
    (E) by striking ``Annex 1608'' and inserting
    ``article 16.1''.

    (c) Nonimmigrant Professionals.--Section 214 of the Immigration and
    Nationality Act (8 U.S.C. 1184) is amended--
    (1) in subsection (e)--
    (A) by striking paragraphs (1), (3), (4), and (5);
    (B) by redesignating paragraphs (2) and (6) as
    paragraphs (1) and (2), respectively; and
    (C) in paragraph (1), as redesignated by
    subparagraph (B)--
    (i) by striking ``Annex 1603 of the North
    American Free Trade Agreement (in this subsection
    referred to as `NAFTA')'' and inserting ``Annex
    16-A of the USMCA (as defined in section 3 of the
    United States-Mexico-Canada Agreement
    Implementation Act)''; and
    (ii) by striking the third and fourth
    sentences and inserting the following: ``For
    purposes of this paragraph, the term `citizen of
    Mexico' means `citizen' as defined in article 16.1
    of the USMCA.''; and
    (2) in subsection (j)(1)--
    (A) in the first sentence, by striking ``Annex 1603
    of the North American Free Trade Agreement'' and
    inserting ``Annex 16-A of the USMCA (as defined in
    section 3 of

    [[Page 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) <>  Effective Date.--
    (1) In general.--Each transfer, redesignation, and amendment
    made by this section shall--
    (A) take effect on the date on which the USMCA
    enters into force; and
    (B) <>  apply with respect to
    a visa issued on or after that date.
    (2) Transition from nafta.--In the case of a visa issued
    before the date on which the USMCA enters into force--
    (A) the transfers, redesignations, and amendments
    made by this section shall not apply with respect to the
    visa; and
    (B) the provisions of law amended by subsections (b)
    through (d), as such provisions were in effect on the
    day before that date, shall continue to apply on and
    after that date with respect to the visa.
    SEC. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING
    DUTY CASES.

    (a) Clerical Amendment.--Subtitle B of title IV of this Act is
    amended in the subtitle heading by striking ``[reserved]''.
    (b) References in Subtitle.--Section 401 of the North American Free
    Trade Agreement Implementation Act (19 U.S.C. 3431) is--
    (1) transferred to subtitle B of title IV of this Act and
    inserted after the heading (as amended by subsection (a)) of
    such subtitle;
    (2) <>  redesignated as section 411; and
    (3) amended by striking ``the Agreement'' and inserting
    ``the USMCA''.

    [[Page 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 <>  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 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 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 <>  section 413; and
    (3) amended in subsection (a), in the matter preceding
    paragraph (1), by striking ``under paragraph 13'' and all that
    follows through ``the committee--'' and inserting ``under
    paragraph 13 of article 10.12, and the allegations before the
    committee include a matter referred to in paragraph 13(a)(i) of
    article 10.12, for the purposes of carrying out its functions
    and duties under Annex 10-B.3, the committee--''.

    (e) Requests for Review of Determinations.--Section 404 of the North
    American Free Trade Agreement Implementation Act (19 U.S.C. 3434) is--
    (1) transferred to subtitle B of title IV of this Act and
    inserted after section 413 (as inserted and redesignated by
    subsection (d));
    (2) redesignated <>  as section 414; and
    (3) amended--
    (A) in the section heading, by striking ``of nafta
    countries'';
    (B) in subsection (a)--
    (i) in paragraph (1), by striking ``article
    1911'' and all that follows and inserting
    ``article 10.8, of a USMCA country.''; and
    (ii) in paragraph (2), by striking ``article
    1908'' and inserting ``article 10.16'';
    (C) in subsection (b), by striking ``article 1904''
    and inserting ``article 10.12''; and
    (D) in subsection (c), by striking ``article 1904''
    each place it appears and inserting ``article 10.12''.

    (f) Rules of Procedure for Panels and Committees.--Section 405 of
    the North American Free Trade Agreement Implementation Act (19 U.S.C.
    3435) is--
    (1) transferred to subtitle B of title IV of this Act and
    inserted after section 414 (as inserted and redesignated by
    subsection (e));
    (2) redesignated <>  as section 415; and
    (3) amended--
    (A) in subsection (a), in the matter preceding
    paragraph (1), by striking ``article 1904'' and
    inserting ``article 10.12'';
    (B) in subsection (b), by striking ``Annex 1904.13''
    and inserting ``Annex 10-B.3''; and
    (C) in subsection (c), by striking ``Annex 1905.6''
    and inserting ``Annex 10-B.4''.

    (g) Subsidy Negotiations.--Section 406 of the North American Free
    Trade Agreement Implementation Act (19 U.S.C. 3436) is--
    (1) transferred to subtitle B of title IV of this Act and
    inserted after section 415 (as inserted and redesignated by
    subsection (f));
    (2) redesignated <>  as section 416; and
    (3) amended, in the matter preceding paragraph (1), by
    striking ``NAFTA country'' and inserting ``USMCA country''.

    (h) Identification of Industries Facing Subsidized Imports.--Section
    407 of the North American Free Trade Agreement Implementation Act (19
    U.S.C. 3437) is--

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

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

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

    ``Subtitle B--Dispute Settlement

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

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

    [[Page 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) <>  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 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) <>  Effective Date.--The amendment made
    by subsection (a) shall take effect on the date on which the USMCA
    enters into force.
    SEC. 507. REGULATORY TREATMENT OF URANIUM PURCHASES.

    (a) In General.--Section 1017(c) of the Energy Policy Act of 1992
    (42 U.S.C. 2296b-6(c)) is amended by striking ``North American Free
    Trade Agreement'' and inserting ``USMCA (as defined in section 3 of the
    United States-Mexico-Canada Agreement Implementation Act)''.
    (b) <>  Effective Date.--The amendment
    made by subsection (a) shall take effect on the date on which the USMCA
    enters into force.
    SEC. 508. REPORT ON AMENDMENTS TO EXISTING LAW.

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

    TITLE VI--TRANSITION TO AND EXTENSION OF USMCA

    Subtitle A--Transitional Provisions

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

    The North American Free Trade Agreement Implementation Act (Public
    Law 103-182; 19 U.S.C. 3301 et seq.) is repealed, effective on the date
    on which the USMCA enters into force.
    SEC. 602. CONTINUED SUSPENSION OF THE UNITED STATES-CANADA FREE-
    TRADE AGREEMENT.

    Section 501(c)(3) of the United States-Canada Free-Trade Agreement
    Implementation Act of 1988 (Public Law 100-449; 19 U.S.C. 2112 note) is
    amended--
    (1) in the paragraph heading, by striking ``nafta'' and
    inserting ``usmca''; and

    __________

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

    (a) <>  In General.--Pursuant to the
    requirements of this section, the President shall consult with the
    appropriate congressional committees and stakeholders before each joint
    review, including consultation with respect to--
    (1) any recommendation for action to be proposed at the
    review; and
    (2) the decision whether or not to confirm that the United
    States wishes to extend the USMCA.

    (b) Consultations With Congress and Stakeholders.--
    (1) Publication and public hearing.--At least 270 days
    before a joint review commences, the Trade Representative shall
    publish in the Federal Register a notice regarding the joint
    review and shall, as soon as possible following such
    publication, provide opportunity for the presentation of views
    relating to the operation of the USMCA, including a public
    hearing.
    (2) Report to congress.--At least 180 days before a 6-year
    joint review under article 34.7 of the USMCA commences, the
    Trade Representative shall report to the appropriate
    congressional committees regarding--
    (A) <>  the assessment of the
    Trade Representative with respect to the operation of
    the USMCA;
    (B) <>  the precise
    recommendation for action to be proposed at the review
    and the position of the United States with respect to
    whether to extend the term of the USMCA;
    (C) what, if any, prior efforts have been made to
    resolve any concern that underlies that recommendation
    or position; and
    (D) the views of the advisory committees established
    under section 135 of the Trade Act of 1974 (19 U.S.C.
    2155) regarding that recommendation or position.

    (c) Subsequent Action To Address Lack of Agreement on Term
    Extension.--
    (1) <>  In general.--If, as
    part of a joint review, any USMCA country does not confirm that
    the country wishes to extend the term of the USMCA under article
    34.7.3 of the USMCA, at least 70 days before any subsequent
    annual joint review meeting conducted as required under article
    34.7 of the USMCA, the Trade Representative shall report to the
    appropriate congressional committees regarding--
    (A) any reason offered by a USMCA country regarding
    why the country is unable to agree to extend the term of
    the USMCA;

    [[Page 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) <>  In general.--Not later
    than 20 days after the USMCA countries have met for a joint
    review, the Trade Representative shall brief the appropriate
    congressional committees regarding the positions expressed by
    the countries during the joint review and what, if any, actions
    were agreed to by the countries.
    (2) Continued engagement.--After a joint review, the Trade
    Representative shall keep the appropriate congressional
    committees timely apprised of any developments arising out of or
    related to the review.

    (e) Definitions.--In this section:
    (1) Joint review.--The term ``joint review'' means a review
    conducted under the process provided for in article 34.7 of the
    USMCA relating to extension of the term of the USMCA.
    (2) USMCA country.--The term ``USMCA country'' has the
    meaning given that term in section 202(a).

    Subtitle C--Termination of USMCA

    SEC. <>  621. TERMINATION OF USMCA.

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

    TITLE VII--LABOR MONITORING AND ENFORCEMENT

    SEC. <>  701. DEFINITIONS.

    In this title:
    (1) Labor attache.--The term ``labor attache'' means an
    individual hired under subtitle B.
    (2) Labor obligations.--The term ``labor obligations'' means
    the obligations under chapter 23 of the USMCA (relating to
    labor).

    [[Page 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. <>  711. INTERAGENCY LABOR COMMITTEE FOR
    MONITORING AND ENFORCEMENT.

    (a) <>  Establishment.--
    Not later than 90 days after the date of the enactment of this Act, the
    President shall establish an Interagency Labor Committee for Monitoring
    and Enforcement (in this title referred to as the ``Interagency Labor
    Committee''), to coordinate United States efforts with respect to each
    USMCA country--
    (1) to monitor the implementation and maintenance of the
    labor obligations;
    (2) to monitor the implementation and maintenance of
    Mexico's labor reform; and
    (3) to request enforcement actions with respect to a USMCA
    country that is not in compliance with such labor obligations.

    (b) Membership.--The Interagency Labor Committee shall--
    (1) be co-chaired by the Trade Representative and the
    Secretary of Labor; and
    (2) include representatives of such other Federal
    departments or agencies with relevant expertise as the President
    determines appropriate.

    (c) <>  Meetings.--The Interagency Labor
    Committee shall meet at least once every 90 days during the 5-year
    period beginning on the date of the enactment of this Act, and at least
    once every 180 days thereafter for 5 years.

    (d) Information Sharing.--Notwithstanding any other provision of
    law, the members of the Interagency Labor Committee may exchange
    information for purposes of carrying out this title.
    SEC. <>  712. DUTIES.

    The duties of the Interagency Labor Committee shall include the
    following:
    (1) <>  Coordinating the activities of
    departments and agencies of the Committee in monitoring
    implementation of and compliance with labor obligations,
    including by--
    (A) requesting and reviewing relevant information
    from the governments of USMCA countries and from the
    public;
    (B) coordinating visits to Mexico as necessary to
    assess implementation of Mexico's labor reform and
    compliance with the labor obligations of Mexico;
    (C) receiving and reviewing quarterly assessments
    from the labor attaches with respect to the
    implementation of and compliance with Mexico's labor
    reform; and
    (D) coordinating with the Secretary of Treasury with
    respect to support relating to labor issues provided to
    Mexico by the Inter-American Development Bank.
    (2) Establishing an ongoing dialogue with appropriate
    officials of the Government of Mexico regarding the
    implementation of Mexico's labor reform and compliance with its
    labor obligations.

    [[Page 82]]

    (3) <>  Coordinating with other
    institutions and governments with respect to support relating to
    labor issues, such as the International Labour Organization and
    the Government of Canada.
    (4) Identifying priority issues for capacity-building
    activities in Mexico to be funded by the United States, drawing
    primarily on the expertise of the Department of Labor.
    (5) <>  Meeting, at least
    biannually during the 5-year period beginning on the date of the
    enactment of this Act and at least annually for 5 years
    thereafter, with the Labor Advisory Committee for Trade
    Negotiations and Trade Policy established under section
    135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) (or
    any successor advisory committee) to consult and provide
    opportunities for input with respect to--
    (A) the implementation of Mexico's labor reform;
    (B) labor capacity-building activities in Mexico
    funded by the United States;
    (C) labor monitoring efforts;
    (D) labor enforcement priorities; and
    (E) other relevant issues.
    (6) <>  Based on the assessments
    required by section 714, making recommendations relating to
    dispute settlement actions to the Trade Representative, in
    accordance with section 715.
    (7) <>  Based on reports provided
    by the Forced Labor Enforcement Task Force under section 743,
    developing recommendations for appropriate enforcement actions
    by the Trade Representative.
    (8) <>  Reviewing reports submitted by the
    labor experts appointed in accordance with Annex 31-A of the
    USMCA, with respect to the functioning of that Annex.
    (9) <>  Reviewing reports submitted by the
    Independent Mexico Labor Expert Board under section 734.
    SEC. <>  713. ENFORCEMENT PRIORITIES.

    The <>  Interagency Labor Committee shall--
    (1) review the list of priority sectors under Annex 31-A of
    the USMCA and suggest to USTR additional sectors for review by
    the USMCA countries as appropriate;
    (2) <>  establish and annually update a list of
    priority subsectors within such priority sectors to be the focus
    of the enforcement efforts of the Committee, the first of which
    shall consist of--
    (A) auto assembly;
    (B) auto parts;
    (C) aerospace;
    (D) industrial bakeries;
    (E) electronics;
    (F) call centers;
    (G) mining; and
    (H) steel and aluminum; and
    (3) review priority facilities within such priority
    subsectors for monitoring and enforcement.
    SEC. <>  714. ASSESSMENTS.

    (a) <>  Ongoing Assessments.--For the 10-year
    period beginning on the date of the enactment of this Act, except as
    provided in subsection (b), the Interagency Labor Committee shall assess
    on

    [[Page 83]]

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

    (b) <>  Consultation Relating to Annual
    Assessment.--On or after the date that is 5 years after the date of the
    enactment of this Act, the Interagency Labor Committee may consult with
    the appropriate congressional committees with respect to the frequency
    of the assessment required under subsection (a) and, with the approval
    of both such committees, may conduct such assessment on an annual basis
    for the following 5 years.

    (c) Matters To Be Included.--The assessment required under
    subsection (a) shall also include each of the following:
    (1) Whether Mexico is providing adequate funding to
    implement and enforce Mexico's labor reform, including
    specifically whether Mexico has provided funding consistent with
    commitments made to contribute the following amounts for the
    labor reform implementation budget:
    (A) $176,000,000 for 2021.
    (B) $325,000,000 for 2022.
    (C) $328,000,000 for 2023.
    (2) The extent to which any legal challenges to Mexico's
    labor reform have succeeded in that court system.
    (3) The extent to which Mexico has implemented the federal
    and state labor courts, registration entity, and federal and
    state conciliation centers consistent with the timeline set
    forth for Mexico's labor reform, in the September 2019 policy
    statements by the Government of Mexico on a national strategy
    for implementation of the labor justice system, and in
    subsequent policy statements in accordance with Mexico's labor
    reform.
    SEC. <>  715. RECOMMENDATION FOR ENFORCEMENT
    ACTION.

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

    (b) <>  Trade Representative Determinations.--Not
    later than 60 days after the date on which the Trade Representative
    receives a recommendation pursuant to subsection (a), the Trade
    Representative shall--
    (1) determine whether to initiate an enforcement action; and
    (2) <>  if such determination is negative,
    submit to the appropriate congressional committees a report on
    the reasons for such negative determination.
    SEC. <>  716. PETITION PROCESS.

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

    [[Page 84]]

    with respect to potential failures to implement the labor obligations of
    a USMCA country.
    (b) <>  Facility-Specific Petitions.--With
    respect to information submitted in accordance with the procedures
    established under subsection (a) accompanying a petition relating to a
    denial of rights at a covered facility, as such terms are defined for
    purposes of Annex 31-A of the USMCA:
    (1) <>  The Interagency Labor
    Committee shall review such information within 30 days of
    submission and shall determine whether there is sufficient,
    credible evidence of a denial of rights (as so defined) enabling
    the good-faith invocation of enforcement mechanisms.
    (2) <>  If the Committee reaches a
    negative determination under paragraph (1), the Committee shall
    certify such determination to the appropriate congressional
    committees and the petitioner.
    (3) If the Committee reaches an affirmative determination
    under paragraph (1), the Trade Representative shall submit a
    request for review, in accordance with article 31-A.4 of such
    Annex, with respect to the covered facility and shall inform the
    petitioner and the appropriate congressional committees of the
    submission of such request.
    (4) <>  Not later than 60 days after the
    date of an affirmative determination under paragraph (1), the
    Trade Representative shall--
    (A) determine whether to request the establishment
    of a rapid response labor panel in accordance with such
    Annex; and
    (B) <>  if such determination
    is negative, certify such determination to the
    appropriate congressional committees in conjunction with
    the reasons for such determination and the details of
    any agreed-upon remediation plan.

    (c) <>  Other Petitions.--With respect to
    information submitted in accordance with the procedures established
    under subsection (a) accompanying a petition relating to any other
    violation of the labor obligations of a USMCA country:
    (1) <>  The Interagency Labor
    Committee shall review such information not later than 20 days
    after the date of the submission and shall determine whether the
    information warrants further review.
    (2) If the Committee reaches an affirmative determination
    under paragraph (1), such further review shall focus exclusively
    on determining, not later than 60 days after the date of such
    submission, whether there is sufficient, credible evidence that
    the USMCA country is in violation of its labor obligations, for
    purposes of initiating enforcement action under chapter 23 or
    chapter 31 of the USMCA.
    (3) If the Committee reaches an affirmative determination
    under paragraph (2), the Trade Representative shall--
    (A) not later than 60 days after the date of the
    determination of the Committee, initiate appropriate
    enforcement action under such chapter 23 or chapter 31;
    or
    (B) <>  submit to
    the appropriate congressional committees a notification
    including the reasons for which action was not initiated
    within such 60-day period.

    [[Page 85]]

    SEC. <>  717. HOTLINE.

    The Interagency Labor Committee shall establish a web-based hotline,
    monitored by the Department of Labor, to receive confidential
    information regarding labor issues among USMCA countries directly from
    interested parties, including Mexican workers.
    SEC. <>  718. REPORTS.

    (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, and every 180 days thereafter for 10 years except
    as provided in subsection (b), the Interagency Labor Committee shall
    submit to the appropriate congressional committees a report that
    includes--
    (1) a description of Committee staffing and capacity
    building activities with Mexico;
    (2) information regarding the budget resources for Mexico's
    labor reform and the deadlines in the September 2019 policy
    statements by the Government of Mexico on a national strategy
    for implementation of the labor justice system and in subsequent
    policy statements in accordance with Mexico's labor reform;
    (3) <>  a summary of petitions filed in
    accordance with section 716 and the use of the rapid response
    labor mechanism under Annex 31-A of the USMCA;
    (4) the results of the most recent assessment conducted
    under section 714; and
    (5) if, with respect to any report of the Independent Mexico
    Labor Expert Board submitted under section 734 that includes a
    determination described in paragraph (2) of such section, the
    Interagency Labor Committee does not concur with such
    determination, an explanation of the reasons for not concurring
    in such determination and a commitment to provide an oral
    briefing with respect to such explanation upon request.

    (b) <>  Consultation Relating to Annual
    Assessment.--On or after the date that is 5 years after the date of the
    enactment of this Act, the Trade Representative and the Secretary of
    Labor may consult with the appropriate congressional committees with
    respect to the frequency of the reports required under subsection (a)
    and, with the approval of both such committees, may submit such report
    on an annual basis for the following 5 years.

    (c) <>  Five-Year Assessment.--Not later than the
    date that is 5 years after the date of the establishment of the
    Interagency Labor Committee pursuant to section 711(a), the Committee
    shall jointly submit to the appropriate congressional committees--
    (1) a comprehensive assessment of the implementation of
    Mexico's labor reform, including with respect to--
    (A) whether Mexico has reviewed and legitimized all
    existing collective bargaining agreements in Mexico;
    (B) whether Mexico has addressed the pre-existing
    legal or administrative labor disputes;
    (C) whether Mexico has established the Federal
    Center for Conciliation and Labor Registration, and an
    assessment of that Center's operation;
    (D) whether Mexico has established the federal labor
    courts, and an assessment of their operation; and
    (E) whether Mexico has established the state
    conciliation centers and labor courts in all states and
    an assessment of their operation; and

    [[Page 86]]

    (2) <>  a
    strategic plan and recommendations for actions to address areas
    of concern relating to the implementation of Mexico's labor
    reform, for purposes of the joint review conducted pursuant to
    article 34.7 of the USMCA on the sixth anniversary of the entry
    into force of the USMCA.
    SEC. <>  719. CONSULTATIONS ON APPOINTMENT AND
    FUNDING OF RAPID RESPONSE LABOR PANELISTS.

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

    Subtitle B--Mexico Labor Attaches

    SEC. <>  721. ESTABLISHMENT.

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

    The duties described in this section are the following:
    (1) Assisting the Interagency Labor Committee to monitor and
    enforce the labor obligations of Mexico.
    (2) <>  Submitting to the Interagency Labor
    Committee on a quarterly basis reports on the efforts undertaken
    by Mexico to comply with its labor obligations.
    SEC. <>  723. STATUS.

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

    [[Page 87]]

    Subtitle C--Independent Mexico Labor Expert Board

    SEC. <>  731. ESTABLISHMENT.

    There is hereby established a board, to be known as the
    ``Independent Mexico Labor Expert Board'', to be responsible for
    monitoring and evaluating the implementation of Mexico's labor reform
    and compliance with its labor obligations. The Board shall also advise
    the Interagency Labor Committee with respect to capacity-building
    activities needed to support such implementation and compliance.
    SEC. <>  732. MEMBERSHIP; TERM.

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

    (b) Term.--Except as provided in subsection (c), members of the
    Board shall serve for a term of 6 years.
    (c) Extension of Term.--If the Board determines, at the end of the
    6-year period beginning on the date of the appointment of the last
    member appointed in accordance with subsection (a), that Mexico is not
    fully in compliance with its labor obligations, a majority of the
    members of the Board may determine to extend its term for 4 additional
    years. A new Board shall be appointed in accordance with subsection (a)
    and shall serve for a single term of 4 years.
    SEC. <>  733. FUNDING.

    The United States shall provide necessary funding to support the
    work of the Board, including with respect to translation services and
    personnel support.
    SEC. <>  734. REPORTS.

    For the 6-year period beginning on the date of the enactment of this
    Act, and for an additional 4 years if the term of the Board is extended
    in accordance with section 732(c), the Board shall submit to appropriate
    congressional committees and to the Interagency Labor Committee an
    annual report that--

    [[Page 88]]

    (1) <>  contains an assessment of--
    (A) the efforts of Mexico to implement Mexico's
    labor reform; and
    (B) the manner and extent to which labor laws are
    generally enforced in Mexico; and
    (2) <>  may include a determination
    that Mexico is not in compliance with its labor obligations.

    Subtitle D--Forced Labor

    SEC. <>  741. FORCED LABOR ENFORCEMENT TASK
    FORCE.

    (a) <>  Establishment.--Not later than
    90 days after the date of the enactment of this Act, the President shall
    establish a Forced Labor Enforcement Task Force to monitor United States
    enforcement of the prohibition under section 307 of the Tariff Act of
    1930 (19 U.S.C. 1307).

    (b) Members; Meetings.--
    (1) Members.--The Task Force shall be chaired by the
    Secretary of Homeland Security and shall be comprised of
    representatives from such other agencies with relevant
    expertise, including the Office of the United States Trade
    Representative and the Department of Labor, as the President
    determines appropriate.
    (2) <>  Meetings.--The Task Force shall
    meet on a quarterly basis regarding active Withhold and Release
    Orders, ongoing investigations, petitions received, and
    enforcement priorities, and other relevant issues with respect
    to enforcing the prohibition under section 307 of the Tariff
    Act.
    SEC. <>  742. TIMELINE REQUIRED.

    (a) <>  In General.--Not later than 90 days after
    the establishment of the Forced Labor Enforcement Task Force pursuant to
    section 741(a), the Task Force shall establish timelines for responding
    to petitions submitted to the Commissioner of U.S. Customs and Border
    Protection alleging that goods are being imported by or with child or
    forced labor.

    (b) Consultation Required.--In establishing the timelines during
    such 90-day period, the Task Force shall consult with the appropriate
    congressional committees.
    (c) Report.--The Task Force shall timely submit to the appropriate
    congressional committees a report that contains the timelines
    established pursuant to subsection (a) and shall make such report
    publicly available.
    SEC. <>  743. REPORTS REQUIRED.

    The Forced Labor Enforcement Task Force shall submit to appropriate
    congressional committees a biannual report that includes the following:
    (1) The enforcement activities and priorities of the
    Department of Homeland Security with respect to enforcing the
    prohibition under section 307 of the Tariff Act of 1930 (19
    U.S.C. 1307).
    (2) The number of instances in which merchandise was denied
    entry pursuant to such prohibition during the preceding 180-day
    period.
    (3) A description of the merchandise so denied entry.

    [[Page 89]]

    (4) <>  An enforcement plan
    regarding goods included in the most recent ``Findings on the
    Worst Forms of Child Labor'' report submitted in accordance with
    section 504 of the Trade Act of 1974 (19 U.S.C. 2464) and ``List
    of Goods Produced by Child Labor or Forced Labor'' submitted in
    accordance with section 105(b)(2)(C) of the Trafficking Victims
    Protection Reauthorization Act of 2005 (22 U.S.C.
    7112(b)(2)(C)).
    (5) Such other information as the Forced Labor Enforcement
    Task Force considers appropriate with respect to monitoring and
    enforcing compliance with section 307 of the Tariff Act of 1930
    (19 U.S.C. 1307).
    SEC. <>  744. DUTIES RELATED TO MEXICO.

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

    Subtitle E--Enforcement Under Rapid Response Labor Mechanism

    SEC. <>  751. TRANSMISSION OF REPORTS.

    Each report issued by a rapid response labor panel constituted in
    accordance with Annex 31-A of the USMCA shall be immediately submitted
    to the appropriate congressional committees, the Labor Advisory
    Committee established under section 135(c)(1) of the Trade Act of 1974
    (19 U.S.C. 2155(c)(1)) (or successor advisory committee), and, as
    appropriate, the petitioner submitting information pursuant to section
    716. <>  The Trade Representative shall also
    make each such report publicly available in a timely manner.
    SEC. <>  752. SUSPENSION OF LIQUIDATION.

    (a) <>  In General.--If the United States files
    a request pursuant to article 31-A.4.2 of Annex 31-A of the USMCA, the
    Trade Representative may direct the Secretary of the Treasury to suspend
    liquidation for unliquidated entries of goods from such covered facility
    until such time as the Trade Representative notifies the Secretary that
    a condition described in subsection (b) has been met.

    (b) Resumption of Liquidation.--The conditions described in this
    subsection are the following:
    (1) <>  The rapid response labor panel
    has determined that there is no denial of rights at the covered
    facility within the meaning of such terms under Annex 31-A of
    the USMCA.
    (2) A course of remediation for denial of rights has been
    agreed to and has been completed in accordance with the agreed-
    upon time.
    (3) The denial of rights has been otherwise remedied.

    [[Page 90]]

    SEC. <>  753. FINAL REMEDIES.

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

    (b) Remediation Notification.--The Trade Representative shall
    promptly notify the Secretary when the denial of rights with respect to
    a case described in subsection (a) has been remedied.

    TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT

    SEC. <>  801. DEFINITIONS.

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

    Subtitle A--Interagency Environment Committee for Monitoring and
    Enforcement

    SEC. <>  811. ESTABLISHMENT.

    (a) <>  In General.--Not later than 30
    days after the date of the enactment of this Act, the President shall
    establish an Interagency Environment Committee for Monitoring and
    Enforcement (in this title referred to as the ``Interagency Environment
    Committee'')--
    (1) <>  to coordinate United States
    efforts to monitor and enforce environmental obligations
    generally; and
    (2) with respect to the USMCA countries--

    [[Page 91]]

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

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

    (c) Information Sharing.--Notwithstanding any other provision of
    law, the members of the Interagency Environment Committee may exchange
    information for purposes of carrying out this subtitle.
    SEC. <>  812. ASSESSMENT.

    (a) In General.--The Interagency Environment Committee shall carry
    out an assessment of the environmental laws and policies of the USMCA
    countries--
    (1) to determine if such laws and policies are sufficient to
    implement their environmental obligations; and
    (2) to identify any gaps between such laws and policies and
    their environmental obligations.

    (b) Matters To Be Included.--The assessment required by subsection
    (a) shall identify the environmental laws and policies of the USMCA
    countries with respect to which enhanced cooperation, including the
    provision of technical assistance and capacity building assistance,
    monitoring actions, and enforcement actions, if appropriate, should be
    carried out on an enhanced and continuing basis.
    (c) Report.--Not later than 90 days after the date on which the
    Interagency Environment Committee is established, or the date on which
    the USMCA enters into force, whichever occurs earlier, the Interagency
    Environment Committee shall submit a report that contains the assessment
    required by subsection (a) to--
    (1) the appropriate congressional committees; and
    (2) the Trade and Environment Policy Advisory Committee (or
    successor advisory committee) established under section
    135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)).

    (d) Update.--The Interagency Environment Committee shall--

    [[Page 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. <>  813. MONITORING ACTIONS.

    (a) In General.--The Interagency Environment Committee shall carry
    out monitoring actions, which shall include the monitoring actions
    described in subsections (b), (c), and (d), with respect to the
    implementation and maintenance of the environmental obligations of the
    USMCA countries.
    (b) <>  Review of CEC Secretariat Submissions.--
    (1) In general.--Not later than 30 days after the date on
    which the Secretariat of the Commission for Environmental
    Cooperation prepares a factual record under article 24.28 of the
    USMCA relating to a submission filed under article 24.27 of the
    USMCA with respect to a USMCA country, the Interagency
    Environment Committee--
    (A) shall review the factual record; and
    (B) may, based on findings of the review under
    subparagraph (A) that the USMCA country is not in
    compliance with its environmental obligations, request
    enforcement actions under section 814 with respect to
    the USMCA country.
    (2) Written justification.--If the Interagency Environment
    Committee finds that a USMCA country is not in compliance with
    its environmental obligations under paragraph (1)(B) and
    determines not to request enforcement actions under section 814
    with respect to the USMCA country, the Committee shall, not
    later than 30 days after the date on which it makes the
    determination, provide to the appropriate congressional
    committees a written explanation and justification of the
    determination.

    (c) Review of Reports of United States Environment Attaches to
    Mexico.--The Interagency Environment Committee shall--
    (1) review each report submitted to the Committee under
    section 822(b)(2); and
    (2) <>  based on the findings of each
    such report, assess the efforts of Mexico to comply with its
    environmental obligations.

    (d) United States Implementation of Environment Cooperation and
    Customs Verification Agreement.--
    (1) Verification of shipments.--The Interagency Environment
    Committee--
    (A) may request verification of particular shipments
    of Mexico under the Environment Cooperation and Customs
    Verification Agreement between the United States and
    Mexico, done at Mexico City on December 10, 2019, in
    response to--

    [[Page 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) <>  shall review the
    comments not later than 30 days after the date on
    which the comments are submitted to the Trade
    Representative; and
    (ii) may request the Trade Representative to,
    within a reasonable period of time, request Mexico
    to provide relevant information for purposes of
    verification of particular shipments of Mexico
    described in subparagraph (A).
    (2) Review of relevant information and request for
    additional steps.--The Interagency Environment Committee--
    (A) shall review relevant information provided by
    Mexico as described in paragraph (1)(B)(ii) to determine
    if the Trade Representative should request additional
    steps to verify information provided or related to a
    particular shipment of Mexico; and
    (B) may request the Trade Representative to, within
    a reasonable period of time, request Mexico to take such
    additional steps with respect to the particular
    shipment.
    (3) <>  Consultation.--The Trade
    Representative, on behalf of the Interagency Environment
    Committee, shall, on a quarterly basis, consult with the
    appropriate congressional committees and the Trade and
    Environment Policy Advisory Committee (or successor advisory
    committee) established under section 135(c)(1) of the Trade Act
    of 1974 (19 U.S.C. 2155(c)(1)) regarding the public comments and
    relevant information described in paragraph (1) and the actions
    taken under paragraph (2).

    (e) Application.--Subsections (c) and (d) shall apply with respect
    to Mexico for such time as the USMCA is in force with respect to, and
    the United States applies the USMCA to, Mexico.
    SEC. <>  814. ENFORCEMENT ACTIONS.

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

    (a) Marine Mammal Protection Act.--The Secretary of Commerce has
    authority to take appropriate monitoring or enforcement actions under
    the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

    [[Page 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 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. <>  816. REPORT TO CONGRESS.

    (a) <>  In General.--The Trade Representative,
    in consultation with the head of any Federal agency described in this
    subtitle, shall submit to the appropriate congressional committees a
    report on the implementation of this subtitle, including--
    (1) a description of efforts of the USMCA countries to
    implement their environmental obligations; and
    (2) a description of additional efforts to be taken with
    respect to USMCA countries that are failing to implement their
    environmental obligations.

    (b) Timing of Report.--The report required by subsection (a) shall
    be submitted--
    (1) not later than 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) <>  The updated assessment required
    by section 812(d).
    (2) <>  A comprehensive determination
    regarding USMCA countries' implementation of their environmental
    obligations.
    (3) An explanation of how compliance with environmental
    obligations will be taken into consideration during the ``joint
    review'' conducted pursuant to article 34.7.2 of the USMCA on
    the sixth anniversary of the entry into force of the USMCA.
    SEC. <>  817. REGULATIONS.

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

    Subtitle B--Other Matters

    SEC. <>  821. BORDER WATER INFRASTRUCTURE
    IMPROVEMENT AUTHORITY.

    (a) <>  In General.--The Administrator of the
    Environmental Protection Agency shall, in coordination with eligible
    public entities, carry out the planning, design, construction, and
    operation and maintenance of high priority treatment works in the
    covered area to treat wastewater (including stormwater), nonpoint
    sources of pollution, and related matters resulting from international
    transboundary water flows originating in Mexico.

    (b) Report to Congress.--Not later than 1 year after the date of
    enactment of this Act, and annually thereafter, the Administrator shall
    submit to Congress a report on activities carried out pursuant to this
    section.
    (c) Definitions.--In this section:

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    (1) Covered area.--The term ``covered area'' means the
    portion of the Tijuana River watershed that is in the United
    States.
    (2) Eligible public entities.--The term ``eligible public
    entities'' means--
    (A) the United States Section of the International
    Boundary and Water Commission;
    (B) the Corps of Engineers;
    (C) the North American Development Bank;
    (D) the Department of State;
    (E) any other appropriate Federal agency;
    (F) the State of California; and
    (G) any of the following entities with jurisdiction
    over any part of the covered area:
    (i) A local government.
    (ii) An Indian Tribe.
    (iii) A regional water board.
    (iv) A public wastewater utility.
    (3) Treatment works.--The term ``treatment works'' has the
    meaning given that term in section 212 of the Federal Water
    Pollution Control Act.
    SEC. <>  822. DETAIL OF PERSONNEL TO OFFICE OF
    THE UNITED STATES TRADE REPRESENTATIVE.

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

    Subtitle C--North American Development Bank

    SEC. 831. GENERAL CAPITAL INCREASE.

    Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C.
    290m et seq.) is amended by adding at the end the following:
    ``SEC. <>  547. FIRST CAPITAL INCREASE.

    ``(a) Subscription Authorized.--
    ``(1) In general.--The Secretary of the Treasury is
    authorized to subscribe on behalf of the United States to, and
    make payment for, 150,000 additional shares of the capital stock
    of the Bank.
    ``(2) Limitation.--Any subscription by the United States to
    the capital stock of the Bank shall be effective only to

    [[Page 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. <> 832. POLICY GOALS.

    (a) In General.--To the extent consistent with the mission and scope
    of the North American Development Bank on the day before the date of the
    enactment of this Act and pursuant to section 2 of article II of the
    Charter, the Secretary of the Treasury should direct the representatives
    of the United States to the Board of Directors of the Bank to use the
    voice and vote of the United States to give preference to the financing
    of projects related to environmental infrastructure relating to water
    pollution, wastewater treatment, water conservation, municipal solid
    waste, stormwater drainage, non-point pollution, and related matters.
    (b) Charter Defined.--In this section, the term ``Charter'' means
    the Agreement Concerning the Establishment of a Border Environment
    Cooperation Commission and a North American Development Bank, signed at
    Washington and Mexico November 16 and 18, 1993, and entered into force
    January 1, 1994 (TIAS 12516), between the United States and Mexico.
    SEC. <>  833. EFFICIENCIES AND
    STREAMLINING.

    The Secretary of the Treasury should direct the representatives of
    the United States to the Board of Directors of the North American
    Development Bank to use the voice and vote of the United States to seek
    to require the Bank to develop and implement efficiency improvements to
    streamline and accelerate the project certification and financing
    process, including through initiatives such as single certifications for
    revolving facilities, programmatic certification of similar groups of
    small projects, expansion of internal authority to approve qualified
    projects below certain monetary thresholds, and expedited certification
    for public sector projects subject to lender bidding processes.
    SEC. 834. PERFORMANCE MEASURES.

    (a) In General.--The Secretary of the Treasury should direct the
    representatives of the United States to the Board of Directors of the
    North American Development Bank to use the voice and vote of the United
    States to seek to require the Bank to develop performance measures
    that--
    (1) demonstrate how projects and financing approved by the
    Bank are meeting the Bank's mission and providing added value to
    the region near the international land border between the United
    States and Mexico; and
    (2) <>  are reviewed and updated not
    less frequently than annually.

    [[Page 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 <> --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 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, <> 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 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, <> 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 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, <>  That the authorities and
    conditions applicable to accounts in title V of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act, 2019
    (division F of Public Law 116-6) shall apply to the amounts provided
    under this heading:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    GENERAL PROVISIONS--THIS TITLE

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

    budgetary effects

    Sec. 905.  (a) Statutory PAYGO Scorecards.--The budgetary effects of
    this title shall not be entered on either PAYGO scorecard maintained
    pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.

    [[Page 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).
    SENATE REPORTS: No. 116-283 (Comm. on Finance).
    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.