H. R. 5430 

One Hundred Sixteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and twenty 

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 StatesMexico-Canada Agreement Implementation Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

Sec. 3. Definitions. 

TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE 

USMCA 

Sec. 101. Approval and entry into force of the USMCA. 

Sec. 102. Relationship of the USMCA to United States and State law. 

Sec. 103. Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority. 

Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed 

actions. 

Sec. 105. Administration of dispute settlement proceedings. 

Sec. 106. Trade Representative authority. 

Sec. 107. Effective date. 

TITLE II—CUSTOMS PROVISIONS 

Sec. 201. Exclusion of originating goods of USMCA countries from special agriculture safeguard authority. 

Sec. 202. Rules of origin. 

Sec. 202A. Special rules for automotive goods. 

Sec. 203. Merchandise processing fee. 

Sec. 204. Disclosure of incorrect information; false certifications of origin; denial of 

preferential tariff treatment. 

Sec. 205. Reliquidation of entries. 

Sec. 206. Recordkeeping requirements. 

Sec. 207. Actions regarding verification of claims under the USMCA. 

Sec. 208. Drawback [reserved]. 

Sec. 209. Other amendments to the Tariff Act of 1930. 

Sec. 210. Regulations. 

TITLE III—APPLICATION OF USMCA TO SECTORS AND SERVICES 

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

Subtitle B—Temporary Entry of Business Persons [reserved] 

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

Sec. 321. Definitions. 

Sec. 322. Investigations and determinations by Commission. 
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Sec. 323. Commission recommendations and report. 

Sec. 324. Action by President with respect to affirmative determination. 

Sec. 325. Confidential business information. 

Sec. 326. Conforming amendments. 

Sec. 327. Survey of operating authorities. 

TITLE IV—ANTIDUMPING AND COUNTERVAILING DUTIES 

Subtitle A—Preventing Duty Evasion 

Sec. 401. Cooperation on duty evasion. 

Subtitle B—Dispute Settlement [reserved] 

Subtitle C—Conforming Amendments 

Sec. 421. Judicial review in antidumping duty and countervailing duty cases. 

Sec. 422. Conforming amendments to other provisions of the Tariff Act of 1930. 

Sec. 423. Conforming amendments to title 28, United States Code. 

Subtitle D—General Provisions 

Sec. 431. Effect of termination of USMCA country status. 

Sec. 432. Effective date. 

TITLE V—TRANSFER PROVISIONS AND OTHER AMENDMENTS 

Sec. 501. Drawback. 

Sec. 502. Relief from injury caused by import competition. 

Sec. 503. Temporary entry. 

Sec. 504. Dispute settlement in antidumping and countervailing duty cases. 

Sec. 505. Government procurement. 

Sec. 506. Actions affecting United States cultural industries. 

Sec. 507. Regulatory treatment of uranium purchases. 

Sec. 508. Report on amendments to existing law. 

TITLE VI—TRANSITION TO AND EXTENSION OF USMCA 

Subtitle A—Transitional Provisions 

Sec. 601. Repeal of North American Free Trade Agreement Implementation Act. 

Sec. 602. Continued suspension of the United States-Canada Free-Trade Agreement. 

Subtitle B—Joint Reviews Regarding Extension of USMCA 

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

Subtitle C—Termination of USMCA 

Sec. 621. Termination of USMCA. 

TITLE VII—LABOR MONITORING AND ENFORCEMENT 

Sec. 701. Definitions. 

Subtitle A—Interagency Labor Committee for Monitoring and Enforcement 

Sec. 711. Interagency labor committee for monitoring and enforcement. 

Sec. 712. Duties. 

Sec. 713. Enforcement priorities. 

Sec. 714. Assessments. 

Sec. 715. Recommendation for enforcement action. 

Sec. 716. Petition process. 

Sec. 717. Hotline. 

Sec. 718. Reports. 

Sec. 719. Consultations on appointment and funding of rapid response labor panelists. 

Subtitle B—Mexico Labor Attache ́s 

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. 
H. R. 5430—3 

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)). 
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(7) PREFERENTIAL TARIFF TREATMENT.—The term ‘‘preferential tariff treatment’’ means the customs duty rate that 

is applicable to an originating good (as defined in section 202(a)) 

under the USMCA. 

(8) TRADE REPRESENTATIVE.—The term ‘‘Trade Representative’’ means the United States Trade Representative. 

(9) USMCA.—The term ‘‘USMCA’’ means the Agreement 

between the United States of America, the United Mexican 

States, and Canada, which is— 

(A) attached as an Annex to the Protocol Replacing 

the North American Free Trade Agreement with the Agreement between the United States of America, the United 

Mexican States, and Canada, done at Buenos Aires on 

November 30, 2018, as amended by the Protocol of Amendment to the Agreement Between the United States of 

America, the United Mexican States, and Canada, done 

at Mexico City on December 10, 2019; and 

(B) approved by Congress under section 101(a)(1). 

(10) USMCA COUNTRY.—Except as otherwise provided, the 

term ‘‘USMCA country’’ means— 

(A) Canada for such time as the USMCA is in force 

with respect to, and the United States applies the USMCA 

to, Canada; and 

(B) Mexico for such time as the USMCA is in force 

with respect to, and the United States applies the USMCA 

to, Mexico. 

TITLE I—APPROVAL OF, AND GENERAL 

PROVISIONS RELATING TO, THE USMCA 

SEC. 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 
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Congressional Trade Priorities and Accountability Act of 2015 (19 

U.S.C. 4205(a)(1)(G)), which shall include the date on which the 

USMCA will enter into force. 

SEC. 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 
H. R. 5430—6 

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. 
H. R. 5430—7 

(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— 
H. R. 5430—8 

(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 
H. R. 5430—9 

(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 COUN- TRIES.— ‘‘(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 StatesMexico-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.— 
H. R. 5430—10 

(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 
H. R. 5430—11 

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. 
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(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. 
H. R. 5430—13 

(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 aftersales 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. 
H. R. 5430—14 

(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 
H. R. 5430—15 

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.— 
H. R. 5430—16 

(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 
H. R. 5430—17 

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; 
H. R. 5430—18 

(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 
H. R. 5430—19 

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. 
H. R. 5430—20 

(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 
H. R. 5430—21 

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 
H. R. 5430—22 

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— 
H. R. 5430—23 

(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). 
H. R. 5430—24 

(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- 
H. R. 5430—25 

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. 
H. R. 5430—26 

(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. 
H. R. 5430—27 

(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.— 
H. R. 5430—28 

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 
H. R. 5430—29 

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 
H. R. 5430—30 

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 highwage 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.— 
H. R. 5430—31 

(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. 
H. R. 5430—32 

(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 
H. R. 5430—33 

(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 
H. R. 5430—34 

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 
H. R. 5430—35 

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-MexicoCanada 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 
H. R. 5430—36 

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. 
H. R. 5430—37 

‘‘(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 
H. R. 5430—38 

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-MexicoCanada 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— 
H. R. 5430—39 

(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— 
H. R. 5430—40 

(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 
H. R. 5430—41 

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 
H. R. 5430—42 

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 StatesMexico-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 StatesMexico-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. 
H. R. 5430—43 

‘‘(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. 
H. R. 5430—44 

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 CrossBorder 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 
H. R. 5430—45 

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 crossborder 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 
H. R. 5430—46 

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 longhaul 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. 
H. R. 5430—47 

(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 
H. R. 5430—48 

(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.— 
H. R. 5430—49 

(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. 
H. R. 5430—50 

(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, 
H. R. 5430—51 

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 STATESCANADA 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. 
H. R. 5430—52 

‘‘(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 
H. R. 5430—53 

(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 
H. R. 5430—54 

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 PROTEC- TIVE 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, 
H. R. 5430—55 

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-MexicoCanada 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: 

‘‘§ 1584. Civil actions under the United States-Canada FreeTrade Agreement or the USMCA’’; 

and 
H. R. 5430—56 

(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 
H. R. 5430—57 

(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 
H. R. 5430—58 

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 StatesMexico-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 
H. R. 5430—59 

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 StatesMexico-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-MexicoCanada 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. 
H. R. 5430—60 

(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 
H. R. 5430—61 

(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 StatesMexico-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 
H. R. 5430—62 

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 StatesMexico-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 StatesMexico-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’’. 
H. R. 5430—63 

(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 
H. R. 5430—64 

(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— 
H. R. 5430—65 

(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— 
H. R. 5430—66 

(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, 
H. R. 5430—67 

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 
H. R. 5430—68 

(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 
H. R. 5430—69 

(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; 
H. R. 5430—70 

(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). 
H. R. 5430—71 

(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 attache ́s 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. 
H. R. 5430—72 

(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 
H. R. 5430—73 

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 
H. R. 5430—74 

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. 
H. R. 5430—75 

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 
H. R. 5430—76 

(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 Attache ́s 

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. 
H. R. 5430—77 

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 capacitybuilding 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— 
H. R. 5430—78 

(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. 
H. R. 5430—79 

(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. 
H. R. 5430—80 

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— 
H. R. 5430—81 

(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— 
H. R. 5430—82 

(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

ATTACHE ́S 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— 
H. R. 5430—83 

(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.). 
H. R. 5430—84 

(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 
H. R. 5430—85 

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: 
H. R. 5430—86 

(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 
H. R. 5430—87 

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. 
H. R. 5430—88 

(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 
H. R. 5430—89 

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. 
H. R. 5430—90 

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 StatesMexico 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 
H. R. 5430—91 

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-YouGo Act of 2010. 
H. R. 5430—92 

(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’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.