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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5430 Enrolled Bill (ENR)]

        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 States-
Mexico-Canada Agreement Implementation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

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

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

                      TITLE II--CUSTOMS PROVISIONS

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

         TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES

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

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

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

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

             TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES

                   Subtitle A--Preventing Duty Evasion

Sec. 401. Cooperation on duty evasion.

                Subtitle B--Dispute Settlement [reserved]

                    Subtitle C--Conforming Amendments

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

                     Subtitle D--General Provisions

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

            TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS

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

             TITLE VI--TRANSITION TO AND EXTENSION OF USMCA

                   Subtitle A--Transitional Provisions

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

         Subtitle B--Joint Reviews Regarding Extension of USMCA

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

                    Subtitle C--Termination of USMCA

Sec. 621. Termination of USMCA.

               TITLE VII--LABOR MONITORING AND ENFORCEMENT

Sec. 701. Definitions.

 Subtitle A--Interagency Labor Committee for Monitoring and Enforcement

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

                    Subtitle B--Mexico Labor Attaches

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

            Subtitle C--Independent Mexico Labor Expert Board

Sec. 731. Establishment.
Sec. 732. Membership; term.
Sec. 733. Funding.
Sec. 734. Reports.

                        Subtitle D--Forced Labor

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

      Subtitle E--Enforcement Under Rapid Response Labor Mechanism

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

           TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT

Sec. 801. Definitions.

    Subtitle A--Interagency Environment Committee for Monitoring and 
                               Enforcement

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

                        Subtitle B--Other Matters

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

               Subtitle C--North American Development Bank

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

          TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

SEC. 2. PURPOSE.
    The purpose of this Act is to approve and implement the Agreement 
between the United States of America, the United Mexican States, and 
Canada entered into under the authority of section 103(b) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 
2015 (19 U.S.C. 4202(b)).
SEC. 3. DEFINITIONS.
    In this Act:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means the Committee on 
    Finance of the Senate and the Committee on Ways and Means of the 
    House of Representatives.
        (2) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule 
    of the United States.
        (3) Identical goods.--The term ``identical goods'' means goods 
    that are the same in all respects relevant to the rule of origin 
    that qualifies the goods as originating goods.
        (4) International trade commission.--The term ``International 
    Trade Commission'' means the United States International Trade 
    Commission.
        (5) Mexico.--The term ``Mexico'' means the United Mexican 
    States.
        (6) NAFTA.--The term ``NAFTA'' means the North American Free 
    Trade Agreement approved by Congress under section 101(a)(1) of the 
    North American Free Trade Agreement Implementation Act (19 U.S.C. 
    3311(a)(1)).
        (7) Preferential tariff treatment.--The term ``preferential 
    tariff treatment'' means the customs duty rate that is applicable 
    to an originating good (as defined in section 202(a)) under the 
    USMCA.
        (8) Trade representative.--The term ``Trade Representative'' 
    means the United States Trade Representative.
        (9) USMCA.--The term ``USMCA'' means the Agreement between the 
    United States of America, the United Mexican States, and Canada, 
    which is--
            (A) attached as an Annex to the Protocol Replacing the 
        North American Free Trade Agreement with the Agreement between 
        the United States of America, the United Mexican States, and 
        Canada, done at Buenos Aires on November 30, 2018, as amended 
        by the Protocol of Amendment to the Agreement Between the 
        United States of America, the United Mexican States, and 
        Canada, done at Mexico City on December 10, 2019; and
            (B) approved by Congress under section 101(a)(1).
        (10) USMCA country.--Except as otherwise provided, the term 
    ``USMCA country'' means--
            (A) Canada for such time as the USMCA is in force with 
        respect to, and the United States applies the USMCA to, Canada; 
        and
            (B) Mexico for such time as the USMCA is in force with 
        respect to, and the United States applies the USMCA to, Mexico.

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

    SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE USMCA.
    (a) Approval of USMCA and Statement of Administrative Action.--
Pursuant to section 106 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 4205) and section 
151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves--
        (1) the Protocol Replacing the North American Free Trade 
    Agreement with the Agreement between the United States of America, 
    the United Mexican States, and Canada, done at Buenos Aires on 
    November 30, 2018, as submitted to Congress on December 13, 2019;
        (2) the Agreement between the United States of America, the 
    United Mexican States, and Canada, attached as an Annex to the 
    Protocol, as amended by the Protocol of Amendment to the Agreement 
    between the United States of America, the United Mexican States, 
    and Canada, done at Mexico City on December 10, 2019, as submitted 
    to Congress on December 13, 2019; and
        (3) the statement of administrative action proposed to 
    implement that Agreement, as submitted to Congress on December 13, 
    2019.
    (b) Conditions for Entry Into Force of the Agreement.--The 
President is authorized to provide for the USMCA to enter into force 
with respect to Canada and Mexico not earlier than 30 days after the 
date on which the President submits to Congress the written notice 
required by section 106(a)(1)(G) of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 (19 U.S.C. 4205(a)(1)(G)), 
which shall include the date on which the USMCA will enter into force.
    SEC. 102. RELATIONSHIP OF THE USMCA TO UNITED STATES AND STATE LAW.
    (a) Relationship of USMCA to United States Law.--
        (1) United states law to prevail in conflict.--No provision of 
    the USMCA, nor the application of any such provision to any person 
    or circumstance, which is inconsistent with any law of the United 
    States, shall have effect.
        (2) Construction.--Nothing in this Act shall be construed--
            (A) to amend or modify any law of the United States, or
            (B) to limit any authority conferred under any law of the 
        United States,
    unless specifically provided for in this Act.
    (b) Relationship of USMCA to State Law.--
        (1) Legal challenge.--No State law, or the application thereof, 
    may be declared invalid as to any person or circumstance on the 
    ground that the provision or application is inconsistent with the 
    USMCA, except in an action brought by the United States for the 
    purpose of declaring such law or application invalid.
        (2) Definition of state law.--For purposes of this subsection, 
    the term ``State law'' includes--
            (A) any law of a political subdivision of a State; and
            (B) any State law regulating or taxing the business of 
        insurance.
    (c) Effect of USMCA With Respect to Private Remedies.--No person 
other than the United States--
        (1) shall have any cause of action or defense under the USMCA 
    or by virtue of congressional approval thereof; or
        (2) may challenge, in any action brought under any provision of 
    law, any action or inaction by any department, agency, or other 
    instrumentality of the United States, any State, or any political 
    subdivision of a State, on the ground that such action or inaction 
    is inconsistent with the USMCA.
    SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE; 
      INITIAL REGULATIONS; TARIFF PROCLAMATION AUTHORITY.
    (a) Implementing Actions.--
        (1) Proclamation authority.--After the date of the enactment of 
    this Act--
            (A) the President may proclaim such actions, and
            (B) other appropriate officers of the United States 
        Government may prescribe such regulations,
    as may be necessary to ensure that any provision of this Act, or 
    amendment made by this Act, that takes effect on the date on which 
    the USMCA enters into force is appropriately implemented on such 
    date, but no such proclamation or regulation may have an effective 
    date earlier than the date on which the USMCA enters into force.
        (2) Effective date of certain proclaimed actions.--Any action 
    proclaimed by the President under the authority of this Act that is 
    not subject to the consultation and layover provisions under 
    section 104 may not take effect before the 15th day after the date 
    on which the text of the proclamation is published in the Federal 
    Register.
        (3) Waiver of 15-day restriction.--The 15-day restriction 
    contained in paragraph (2) on the taking effect of proclaimed 
    actions is waived to the extent that the application of such 
    restriction would prevent the taking effect on the date on which 
    the USMCA enters into force of any action proclaimed under this 
    section.
    (b) Initial Regulations.--
        (1) In general.--Except as provided by paragraph (2) or (3), 
    initial regulations necessary or appropriate to carry out the 
    actions required by or authorized under this Act or proposed in the 
    statement of administrative action approved under section 101(a)(2) 
    to implement the USMCA shall, to the maximum extent feasible, be 
    prescribed within 1 year after the date on which the USMCA enters 
    into force.
        (2) Uniform regulations.--Interim or initial regulations to 
    implement the Uniform Regulations regarding rules of origin 
    provided for under article 5.16 of the USMCA shall be prescribed 
    not later than the date on which the USMCA enters into force.
        (3) Implementing actions with effective dates after entry into 
    force.--In the case of any implementing action that takes effect on 
    a date after the date on which the USMCA enters into force, initial 
    regulations to carry out that action shall, to the maximum extent 
    feasible, be prescribed within 1 year after such effective date.
    (c) Tariff Modifications.--
        (1) Tariff modifications provided for in the usmca.--The 
    President may proclaim--
            (A) such modifications or continuation of any duty,
            (B) such continuation of duty-free or excise treatment, or
            (C) such additional duties,
    as the President determines to be necessary or appropriate to carry 
    out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3, 
    the Schedule of the United States to Annex 2-B, including the 
    appendices to that Annex, Annex 2-C, and Annex 6-A, of the USMCA.
        (2) Other tariff modifications.--Subject to the consultation 
    and layover provisions of section 104, the President may proclaim--
            (A) such modifications or continuation of any duty,
            (B) such modifications as the United States may agree to 
        with a USMCA country regarding the staging of any duty 
        treatment set forth in the Schedule of the United States to 
        Annex 2-B of the USMCA, including the appendices to that Annex,
            (C) such continuation of duty-free or excise treatment, or
            (D) such additional duties,
    as the President determines to be necessary or appropriate to 
    maintain the general level of reciprocal and mutually advantageous 
    concessions with respect to a USMCA country provided for by the 
    USMCA.
        (3) Conversion to ad valorem rates.--For purposes of paragraphs 
    (1) and (2), with respect to any good for which the base rate in 
    the Schedule of the United States to Annex 2-B of the USMCA is a 
    specific or compound rate of duty, the President shall substitute 
    for the base rate an ad valorem rate that the President determines 
    to be equivalent to the base rate.
        (4) Tariff-rate quotas.--In implementing the tariff-rate quotas 
    set forth in the Schedule of the United States to Annex 2-B of the 
    USMCA, the President shall take such actions as may be necessary to 
    ensure that imports of agricultural goods do not disrupt the 
    orderly marketing of agricultural goods in the United States.
        (5) Presidential proclamation authority relating to rules of 
    origin.--
            (A) In general.--The President may proclaim, as part of the 
        HTS--
                (i) the provisions set forth in Annex 4-B of the USMCA;
                (ii) the provisions set forth in paragraph 2 of article 
            3.A.6 of Annex 3-A of the USMCA;
                (iii) the provisions set forth in paragraph 5 of Annex 
            3-B of the USMCA;
                (iv) the provisions set forth in paragraphs 14(b), 
            14(c), and 15(e) of Section B of Appendix 2 to Annex 2-B of 
            the USMCA; and
                (v) any additional subordinate category that is 
            necessary to carry out section 202 and section 202A 
            consistent with the USMCA.
            (B) Modifications.--
                (i) In general.--Subject to the consultation and 
            layover provisions of section 104, the President may 
            proclaim modifications to the provisions proclaimed under 
            the authority of subparagraph (A), other than the 
            provisions of chapters 50 through 63 of the USMCA.
                (ii) Special rule for textiles.--Notwithstanding clause 
            (i), and subject to the consultation and layover provisions 
            of section 104, the President may proclaim--

                    (I) such modifications to the provisions proclaimed 
                under the authority of subparagraph (A) as are 
                necessary to implement an agreement with one or more 
                USMCA countries pursuant to article 6.4 of the USMCA; 
                and
                    (II) before the end of the 1-year period beginning 
                on the date on which the USMCA enters into force, 
                modifications to correct any typographical, clerical, 
                or other nonsubstantive technical error regarding the 
                provisions of chapters 50 through 63 of the USMCA.

    SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE 
      DATE OF, PROCLAIMED ACTIONS.
    If a provision of this Act provides that the implementation of an 
action by the President by proclamation is subject to the consultation 
and layover requirements of this section, that action may be proclaimed 
only if--
        (1) the President has obtained advice regarding the proposed 
    action from--
            (A) the appropriate advisory committees established under 
        section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
            (B) the International Trade Commission, which shall hold a 
        public hearing on the proposed action before providing advice 
        regarding the proposed action;
        (2) the President has submitted to the Committee on Finance of 
    the Senate and the Committee on Ways and Means of the House of 
    Representatives a report that sets forth--
            (A) the proposed action and the reasons therefor; and
            (B) the advice obtained under paragraph (1);
        (3) a period of 60 calendar days, beginning on the first day on 
    which the requirements set forth in paragraphs (1) and (2) have 
    been met, has expired; and
        (4) the President has consulted with the committees referred to 
    in paragraph (2) regarding the proposed action during the period 
    referred to in paragraph (3).
    SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
    (a) United States Section of Secretariat.--
        (1) Establishment or designation of office.--The President is 
    authorized to establish or designate within the Department of 
    Commerce an office to serve as the United States Section of the 
    Secretariat established under article 30.6 of the USMCA.
        (2) Functions and administrative assistance.--The office 
    established or designated under paragraph (1), subject to the 
    oversight of the interagency group established under section 
    411(c)(2), shall--
            (A) carry out its functions within the Secretariat to 
        facilitate the operation of the USMCA, including the operation 
        of section D of chapter 10 and chapter 31 of the USMCA; and
            (B) provide administrative assistance to--
                (i) panels established under chapter 31 of the USMCA, 
            including under Annex 31-A (relating to the Facility-
            Specific Rapid Response Labor Mechanism);
                (ii) technical advisers and experts provided for under 
            chapter 31 of the USMCA;
                (iii) binational panels and extraordinary challenge 
            committees established under section D of chapter 10 of the 
            USMCA; and
                (iv) binational panels and extraordinary challenge 
            committees established under NAFTA for matters covered by 
            article 34.1 of the USMCA (relating to transition from 
            NAFTA).
        (3) Treatment of office under freedom of information act.--The 
    office established or designated under paragraph (1) shall not be 
    considered an agency for purposes of section 552 of title 5, United 
    States Code.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year after fiscal year 2020 to the 
Department of Commerce $2,000,000 for--
        (1) the operations of the office established or designated 
    under subsection (a)(1); and
        (2) the payment of the United States share of the expenses of--
            (A) panels established under chapter 31 of the USMCA, 
        including under Annex 31-A (relating to the Facility-Specific 
        Rapid Response Labor Mechanism);
            (B) binational panels and extraordinary challenge 
        committees established under section D of chapter 10 of the 
        USMCA; and
            (C) binational panels and extraordinary challenge 
        committees established under NAFTA for matters covered by 
        article 34.1 of the USMCA (relating to transition from NAFTA).
    (c) Reimbursement of Certain Expenses.--If the Canadian Section or 
the Mexican Section of the Secretariat provides funds to the United 
States Section during any fiscal year as reimbursement for expenses in 
connection with dispute settlement proceedings under section D of 
chapter 10 or chapter 31 of the USMCA, or under chapter 19 of NAFTA, 
the United States Section may, notwithstanding section 3302 of title 
31, United States Code, retain and use such funds to carry out the 
functions described in subsection (a)(2).
    SEC. 106. TRADE REPRESENTATIVE AUTHORITY.
    If a country (other than the United States) that has signed the 
USMCA does not enact implementing legislation, the Trade Representative 
is authorized to enter into negotiations with the other country that 
has signed the USMCA to consider how the applicable provisions of the 
USMCA can come into force with respect to the United States and that 
other country as promptly as possible.
    SEC. 107. EFFECTIVE DATE.
    (a) In General.--Sections 1 through 3 and this title (other than 
section 103(c)) shall take effect on the date of the enactment of this 
Act.
    (b) Proclamation Authority.--Section 103(c) shall take effect on 
the date on which the USMCA enters into force.

                      TITLE II--CUSTOMS PROVISIONS

    SEC. 201. EXCLUSION OF ORIGINATING GOODS OF USMCA COUNTRIES FROM 
      SPECIAL AGRICULTURE SAFEGUARD AUTHORITY.
    (a) In General.--Section 405(e) of the Uruguay Round Agreements Act 
(19 U.S.C. 3602(e)) is amended to read as follows:
    ``(e) Exclusion of Originating Goods of USMCA Countries.--
        ``(1) In general.--The President shall exempt from any duty 
    imposed under this section any good that qualifies as an 
    originating good under section 202 of the United States-Mexico-
    Canada Agreement Implementation Act of a USMCA country with respect 
    to which preferential tariff treatment is provided under the USMCA.
        ``(2) Definitions.--In this subsection, the terms `preferential 
    tariff treatment', `USMCA', and `USMCA country' have the meanings 
    given those terms in section 3 of the United States-Mexico-Canada 
    Agreement Implementation Act.''.
    (b) Effective Date.--
        (1) In general.--The amendment made by subsection (a) shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a good entered for consumption, 
        or withdrawn from warehouse for consumption, on or after that 
        date.
        (2) Transition from nafta treatment.--In the case of a good 
    entered for consumption, or withdrawn from warehouse for 
    consumption, before the date on which the USMCA enters into force--
            (A) the amendment made by subsection (a) to section 405(e) 
        of the Uruguay Round Agreements Act (19 U.S.C. 3602(e)) shall 
        not apply with respect to the good; and
            (B) section 405(e) of such Act, as in effect on the day 
        before that date, shall continue to apply on and after that 
        date with respect to the good.
    SEC. 202. RULES OF ORIGIN.
    (a) Definitions.--In this section:
        (1) Aquaculture.--The term ``aquaculture'' means the farming of 
    aquatic organisms, including fish, molluscs, crustaceans, other 
    aquatic invertebrates, and aquatic plants from seed stock such as 
    eggs, fry, fingerlings, or larvae, by intervention in the rearing 
    or growth processes to enhance production such as regular stocking, 
    feeding, or protection from predators.
        (2) Customs valuation agreement.--The term ``Customs Valuation 
    Agreement'' means the Agreement on Implementation of Article VII of 
    the General Agreement on Tariffs and Trade 1994 referred to in 
    section 101(d)(8) of the Uruguay Round Agreements Act (19 U.S.C. 
    3511(d)(8)).
        (3) Fungible good or fungible material.--The term ``fungible 
    good'' or ``fungible material'' means a good or material, as the 
    case may be, that is interchangeable with another good or material 
    for commercial purposes and the properties of which are essentially 
    identical to such other good or material.
        (4) Good wholly obtained or produced entirely in the territory 
    of one or more usmca countries.--The term ``good wholly obtained or 
    produced entirely in the territory of one or more USMCA countries'' 
    means any of the following:
            (A) A mineral good or other naturally occurring substance 
        extracted or taken from the territory of one or more USMCA 
        countries.
            (B) A plant, plant good, vegetable, or fungus grown, 
        cultivated, harvested, picked, or gathered in the territory of 
        one or more USMCA countries.
            (C) A live animal born and raised in the territory of one 
        or more USMCA countries.
            (D) A good obtained in the territory of one or more USMCA 
        countries from a live animal.
            (E) An animal obtained by hunting, trapping, fishing, 
        gathering, or capturing in the territory of one or more USMCA 
        countries.
            (F) A good obtained in the territory of one or more USMCA 
        countries from aquaculture.
            (G) A fish, shellfish, or other marine life taken from the 
        sea, seabed, or subsoil outside the territory of one or more 
        USMCA countries and outside the territorial sea of any country 
        that is not a USMCA country by--
                (i) a vessel that is registered or recorded with a 
            USMCA country and flying the flag of that country; or
                (ii) a vessel that is documented under the laws of the 
            United States.
            (H) A good produced on board a factory ship from goods 
        referred to in subparagraph (G), if such factory ship--
                (i) is registered or recorded with a USMCA country and 
            flies the flag of that country; or
                (ii) is a vessel that is documented under the laws of 
            the United States.
            (I) A good, other than a good referred to in subparagraph 
        (G), that is taken by a USMCA country, or a person of a USMCA 
        country, from the seabed or subsoil outside the territory of a 
        USMCA country, if that USMCA country has the right to exploit 
        such seabed or subsoil.
            (J) Waste and scrap derived from--
                (i) production in the territory of one or more USMCA 
            countries; or
                (ii) used goods collected in the territory of one or 
            more USMCA countries, if such goods are fit only for the 
            recovery of raw materials.
            (K) A good produced in the territory of one or more USMCA 
        countries exclusively from goods referred to in any of 
        subparagraphs (A) through (J), or from their derivatives, at 
        any stage of production.
        (5) Indirect material.--The term ``indirect material'' means a 
    material used or consumed in the production, testing, or inspection 
    of a good but not physically incorporated into the good, or a 
    material used or consumed in the maintenance of buildings or the 
    operation of equipment associated with the production of a good, 
    including--
            (A) fuel and energy;
            (B) tools, dies, and molds;
            (C) spare parts and materials used or consumed in the 
        maintenance of equipment or buildings;
            (D) lubricants, greases, compounding materials, and other 
        materials used or consumed in production or to operate 
        equipment or buildings;
            (E) gloves, glasses, footwear, clothing, safety equipment, 
        and supplies;
            (F) equipment, devices, and supplies used for testing or 
        inspecting the good;
            (G) catalysts and solvents; and
            (H) any other material that is not incorporated into the 
        good, if the use of the material in the production of the good 
        can reasonably be demonstrated to be a part of that production.
        (6) Intermediate material.--The term ``intermediate material'' 
    means a material that is self-produced, used or consumed in the 
    production of a good, and designated as an intermediate material 
    pursuant to subsection (d)(9).
        (7) Material.--The term ``material'' means a good that is used 
    or consumed in the production of another good and includes a part 
    or an ingredient.
        (8) Net cost.--The term ``net cost'' means total cost minus 
    sales promotion, marketing, and after-sales service costs, 
    royalties, shipping and packing costs, and nonallowable interest 
    costs that are included in the total cost.
        (9) Net cost of a good.--The term ``net cost of a good'' means 
    the net cost that can be reasonably allocated to a good using one 
    of the methods set forth in subsection (d)(7).
        (10) Nonallowable interest costs.--The term ``nonallowable 
    interest costs'' means interest costs incurred by a producer that 
    exceed 700 basis points above the applicable official interest rate 
    for comparable maturities of the country in which the producer is 
    located.
        (11) Nonoriginating good or nonoriginating material.--The term 
    ``nonoriginating good'' or ``nonoriginating material'' means a good 
    or material, as the case may be, that does not qualify as 
    originating under this section.
        (12) Originating good; originating material.--The term 
    ``originating good'' or ``originating material'' means a good or 
    material, as the case may be, that qualifies as originating under 
    this section.
        (13) Packaging materials and containers.--The term ``packaging 
    materials and containers'' means materials and containers in which 
    a good is packaged for retail sale.
        (14) Packing materials and containers.--The term ``packing 
    materials and containers'' means materials and containers that are 
    used to protect a good during transportation.
        (15) Producer.--The term ``producer'' means a person who 
    engages in the production of a good.
        (16) Production.--The term ``production'' means--
            (A) growing, cultivating, raising, mining, harvesting, 
        fishing, trapping, hunting, capturing, breeding, extracting, 
        manufacturing, processing, or assembling a good; or
            (B) the farming of aquatic organisms through aquaculture.
        (17) Reasonably allocate.--The term ``reasonably allocate'' 
    means to apportion in a manner appropriate to the circumstances.
        (18) Recovered material.--The term ``recovered material'' means 
    a material in the form of individual parts that are the result of--
            (A) the disassembly of a used good into individual parts; 
        and
            (B) the cleaning, inspecting, testing, or other processing 
        that is necessary for improvement to sound working condition of 
        such individual parts.
        (19) Remanufactured good.--The term ``remanufactured good'' 
    means a good classified in the HTS under any of chapters 84 through 
    90 or under heading 9402, other than a good classified under 
    heading 8418, 8509, 8510, 8516, or 8703 or subheading 8414.51, 
    8450.11, 8450.12, 8508.11, or 8517.11, that--
            (A) is entirely or partially composed of recovered 
        materials;
            (B) has a life expectancy similar to, and performs in a 
        manner that is the same as or similar to, such a good when new; 
        and
            (C) has a factory warranty similar to that applicable to 
        such a good when new.
        (20) Royalties.--The term ``royalties'' means payments of any 
    kind, including payments under technical assistance or similar 
    agreements, made as consideration for the use of, or right to use, 
    a copyright, literary, artistic, or scientific work, patent, 
    trademark, design, model, plan, or secret formula or secret 
    process, excluding payments under technical assistance or similar 
    agreements that can be related to a specific service such as--
            (A) personnel training, without regard to where the 
        training is performed; or
            (B) if performed in the territory of one or more USMCA 
        countries, engineering, tooling, die-setting, software design 
        and similar computer services, or other services.
        (21) Sales promotion, marketing, and after-sales service 
    costs.--The term ``sales promotion, marketing, and after-sales 
    service costs'' means the costs related to sales promotion, 
    marketing, and after-sales service for the following:
            (A) Sales and marketing promotion, media advertising, 
        advertising and market research, promotional and demonstration 
        materials, exhibits, sales conferences, trade shows, 
        conventions, banners, marketing displays, free samples, sales, 
        marketing, and after-sales service literature (product 
        brochures, catalogs, technical literature, price lists, service 
        manuals, and sales aid information), establishment and 
        protection of logos and trademarks, sponsorships, wholesale and 
        retail charges, and entertainment.
            (B) Sales and marketing incentives, consumer, retailer, or 
        wholesaler rebates, and merchandise incentives.
            (C) Salaries and wages, sales commissions, bonuses, 
        benefits (such as medical, insurance, and pension benefits), 
        traveling and living expenses, and membership and professional 
        fees for sales promotion, marketing, and after-sales service 
        personnel.
            (D) Product liability insurance.
            (E) Rent and depreciation of sales promotion, marketing, 
        and after-sales service offices and distribution centers.
            (F) Payments by the producer to other persons for warranty 
        repairs.
            (G) If the costs are identified separately for sales 
        promotion, marketing, or after-sales service of goods on the 
        financial statements or cost accounts of the producer, the 
        following:
                (i) Property insurance premiums, taxes, utilities, and 
            repair and maintenance of sales promotion, marketing, and 
            after-sales service offices and distribution centers.
                (ii) Recruiting and training of sales promotion, 
            marketing, and after-sales service personnel, and after-
            sales training of customers' employees.
                (iii) Office supplies for sales promotion, marketing, 
            and after-sales service of goods.
                (iv) Telephone, mail, and other communications.
        (22) Self-produced material.--The term ``self-produced 
    material'' means a material that is produced by the producer of a 
    good and used in the production of that good.
        (23) Shipping and packing costs.--The term ``shipping and 
    packing costs'' means the costs incurred in packing a good for 
    shipment and shipping the good from the point of direct shipment to 
    the buyer, excluding the costs of preparing and packaging the good 
    for retail sale.
        (24) Territory.--The term ``territory'', with respect to a 
    USMCA country, has the meaning given that term in section C of 
    chapter 1 of the USMCA.
        (25) Total cost.--
            (A) In general.--The term ``total cost''--
                (i) means all product costs, period costs, and other 
            costs for a good incurred in the territory of one or more 
            USMCA countries; and
                (ii) does not include--

                    (I) profits that are earned by the producer of the 
                good, regardless of whether the costs are retained by 
                the producer or paid out to other persons as dividends; 
                or
                    (II) taxes paid on those profits, including capital 
                gains taxes.

            (B) Other definitions.--In this paragraph:
                (i) Other costs.--The term ``other costs'' means all 
            costs recorded on the books of the producer that are not 
            product costs or period costs, such as interest.
                (ii) Period costs.--The term ``period costs'' means 
            costs, other than product costs, that are expensed in the 
            period in which they are incurred, such as selling expenses 
            and general and administrative expenses.
                (iii) Product costs.--The term ``product costs'' means 
            costs that are associated with the production of a good, 
            including the value of materials, direct labor costs, and 
            direct overhead.
        (26) Transaction value.--The term ``transaction value'' means 
    the price--
            (A) actually paid or payable for a good or material with 
        respect to a transaction of a producer; and
            (B) adjusted in accordance with the principles set forth in 
        paragraphs 1, 3, and 4 of article 8 of the Customs Valuation 
        Agreement.
        (27) USMCA country.--The term ``USMCA country'' means the 
    United States, Canada, or Mexico for such time as the USMCA is in 
    force with respect to Canada or Mexico, and the United States 
    applies the USMCA to Canada or Mexico.
        (28) Value.--The term ``value'' means the value of a good or 
    material for purposes of calculating customs duties or applying 
    this section.
    (b) Application and Interpretation.--In this section:
        (1) Tariff classification.--The basis for any tariff 
    classification is the HTS.
        (2) Reference to hts.--Whenever in this section there is a 
    reference to a chapter, heading, or subheading, that reference 
    shall be a reference to a chapter, heading, or subheading of the 
    HTS.
        (3) Cost or value.--Any cost or value referred to in this 
    section with respect to a good shall be recorded and maintained in 
    accordance with the generally accepted accounting principles 
    applicable in the territory of the USMCA country in which the good 
    is produced.
    (c) Originating Goods.--
        (1) In general.--For purposes of this Act and for purposes of 
    implementing the preferential tariff treatment provided for under 
    the USMCA, except as otherwise provided in this section, a good is 
    an originating good if--
            (A) the good is a good wholly obtained or produced entirely 
        in the territory of one or more USMCA countries;
            (B) the good is produced entirely in the territory of one 
        or more USMCA countries using nonoriginating materials, if the 
        good satisfies all applicable requirements set forth in Annex 
        4-B of the USMCA; or
            (C) the good is produced entirely in the territory of one 
        or more USMCA countries, exclusively from originating 
        materials;
            (D) except for a good provided for under any of chapters 61 
        through 63--
                (i) the good is produced entirely in the territory of 
            one or more USMCA countries;
                (ii) one or more of the nonoriginating materials 
            provided for as parts under the HTS and used in the 
            production of the good do not satisfy the requirements set 
            forth in Annex 4-B of the USMCA because--

                    (I) both the good and its materials are classified 
                under the same subheading or under the same heading 
                that is not further subdivided into subheadings; or
                    (II) the good was imported into the territory of a 
                USMCA country in an unassembled form or a disassembled 
                form but was classified as an assembled good pursuant 
                to rule 2(a) of the General Rules of Interpretation of 
                the HTS; and

                (iii) the regional value content of the good is not 
            less than 60 percent if the transaction value method is 
            used, or not less than 50 percent if the net cost method is 
            used and the good satisfies all other applicable 
            requirements of this section; or
            (E) the good itself, as imported, is listed in table 2.10.1 
        of the USMCA and is imported into the territory of the United 
        States from the territory of a USMCA country.
        (2) Remanufactured goods.--For purposes of determining whether 
    a remanufactured good is an originating good, a recovered material 
    derived in the territory of one or more USMCA countries shall be 
    treated as originating if the recovered material is used or 
    consumed in the production of, and incorporated into, the 
    remanufactured good.
    (d) Regional Value Content.--
        (1) In general.--Except as provided in paragraph (5), for 
    purposes of subparagraphs (B) and (D) of subsection (c)(1), the 
    regional value content of a good shall be calculated, at the choice 
    of the importer, exporter, or producer of the good, on the basis 
    of--
            (A) the transaction value method described in paragraph 
        (2); or
            (B) the net cost method described in paragraph (3).
        (2) Transaction value method.--
            (A) In general.--An importer, exporter, or producer of a 
        good may calculate the regional value content of the good on 
        the basis of the following transaction value method:

                         TV-VNM                   ......................
RVC =                    ----------               <greek-e> 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 =                    ----------               <greek-e> 100
                         NC                       ......................
 

            (B) Definitions.--In this paragraph:
                (i) NC.--The term ``NC'' means the net cost of the 
            good.
                (ii) RVC.--The term ``RVC'' means the regional value 
            content of the good, expressed as a percentage.
                (iii) VNM.--The term ``VNM'' means the value of 
            nonoriginating materials used by the producer in the 
            production of the good.
        (4) Value of nonoriginating materials.--
            (A) In general.--The value of nonoriginating materials used 
        by the producer in the production of a good shall not, for 
        purposes of calculating the regional value content of the good 
        under paragraph (2) or (3), include the value of nonoriginating 
        materials used or consumed to produce originating materials 
        that are subsequently used or consumed in the production of the 
        good.
            (B) Special rule for certain components.--The following 
        components of the value of nonoriginating materials used by the 
        producer in the production of a good may be counted as 
        originating content for purposes of determining whether the 
        good meets the regional value content requirement set forth in 
        Annex 4-B of the USMCA:
                (i) The value of processing the nonoriginating 
            materials undertaken in the territory of one or more USMCA 
            countries.
                (ii) The value of any originating materials used or 
            consumed in the production of the nonoriginating materials 
            undertaken in the territory of one or more USMCA countries.
        (5) Net cost method required in certain cases.--An importer, 
    exporter, or producer of a good shall calculate the regional value 
    content of the good solely on the basis of the net cost method 
    described in paragraph (3) if the rule for the good set forth in 
    Annex 4-B of the USMCA includes a regional value content 
    requirement not based on the transaction value method described in 
    paragraph (2).
        (6) Net cost method allowed for adjustments.--
            (A) In general.--If an importer, exporter, or producer of a 
        good calculates the regional value content of the good on the 
        basis of the transaction value method described in paragraph 
        (2) and a USMCA country subsequently notifies the importer, 
        exporter, or producer, during the course of a verification 
        conducted in accordance with chapter 5 or 6 of the USMCA, that 
        the transaction value of the good or the value of any material 
        used in the production of the good must be adjusted or is 
        unacceptable under article 1 of the Customs Valuation 
        Agreement, the importer, exporter, or producer may calculate 
        the regional value content of the good on the basis of the net 
        cost method.
            (B) Review of adjustment.--Nothing in subparagraph (A) 
        shall be construed to prevent any review or appeal available in 
        accordance with article 5.15 of the USMCA with respect to an 
        adjustment to or a rejection of--
                (i) the transaction value of a good; or
                (ii) the value of any material used in the production 
            of a good.
        (7) Calculating net cost.--The producer of a good may, 
    consistent with regulations implementing this section, calculate 
    the net cost of the good under paragraph (3) by--
            (A) calculating the total cost incurred with respect to all 
        goods produced by that producer, subtracting any sales 
        promotion, marketing, and after-sales services costs, 
        royalties, shipping and packing costs, and nonallowable 
        interest costs that are included in the total cost of those 
        goods, and then reasonably allocating the resulting net cost of 
        those goods to the good;
            (B) calculating the total cost incurred with respect to all 
        goods produced by that producer, reasonably allocating the 
        total cost to the good, and subtracting any sales promotion, 
        marketing, and after-sales service costs, royalties, shipping 
        and packing costs, and nonallowable interest costs, that are 
        included in the portion of the total cost allocated to the 
        good; or
            (C) reasonably allocating each cost that is part of the 
        total cost incurred with respect to the good so that the 
        aggregate of those costs does not include any sales promotion, 
        marketing, and after-sales service costs, royalties, shipping 
        and packing costs, and nonallowable interest costs.
        (8) Value of materials used in production.--For purposes of 
    calculating the regional value content of a good under this 
    subsection, applying the de minimis rules under subsection (f), and 
    calculating the value of nonoriginating components in a set under 
    subsection (m), the value of a material used in the production of a 
    good is--
            (A) in the case of a material that is imported by the 
        producer of the good, the transaction value of the material at 
        the time of importation, including the costs incurred in the 
        international shipment of the material;
            (B) in the case of a material acquired in the territory in 
        which the good is produced--
                (i) the price paid or payable by the producer in the 
            USMCA country where the producer is located;
                (ii) the value as determined under subparagraph (A), as 
            set forth in regulations prescribed by the Secretary of the 
            Treasury providing for the application of transaction value 
            in the absence of an importation by the producer; or
                (iii) the earliest ascertainable price paid or payable 
            in the territory of the country; or
            (C) in the case of a self-produced material, the sum of--
                (i) all expenses incurred in the production of the 
            material, including general expenses; and
                (ii) an amount for profit equivalent to the profit 
            added in the normal course of trade or equal to the profit 
            that is usually reflected in the sale of goods of the same 
            class or kind as the material.
        (9) Intermediate materials.--
            (A) In general.--Any self-produced material that is used in 
        the production of a good may be designated by the producer of 
        the good as an intermediate material for purposes of 
        calculating the regional value content of the good under 
        paragraph (2) or (3).
            (B) Materials used in production of intermediate 
        materials.--If a self-produced material is designated as an 
        intermediate material under subparagraph (A) for purposes of 
        calculating a regional value content requirement, no other 
        self-produced material subject to a regional value content 
        requirement used or consumed in the production of that 
        intermediate material may be designated by the producer as an 
        intermediate material.
        (10) Further adjustments to value of materials.--The following 
    expenses, if included in the value of a nonoriginating material 
    calculated under paragraph (8), may be deducted from the value of 
    the nonoriginating material:
            (A) The costs of freight, insurance, packing, and all other 
        costs incurred in transporting the material to the location of 
        the producer.
            (B) Duties, taxes, and customs brokerage fees on the 
        material paid in the territory of one or more USMCA countries, 
        other than duties or taxes that are waived, refunded, 
        refundable, or otherwise recoverable, including credit against 
        duty or tax paid or payable.
            (C) The cost of waste and spoilage resulting from the use 
        of the material in the production of the good, less the value 
        of renewable scrap or byproducts.
    (e) Accumulation.--
        (1) Producers.--A good that is produced in the territory of one 
    or more USMCA countries, by one or more producers, is an 
    originating good if the good satisfies the requirements of 
    subsection (c) and all other applicable requirements of this 
    section.
        (2) Originating materials used in production of goods of a 
    usmca country.--Originating materials from the territory of one or 
    more USMCA countries that are used in the production of a good in 
    the territory of another USMCA country shall be considered to 
    originate in the territory of such other USMCA country.
        (3) Production undertaken on nonoriginating materials used in 
    the production of goods.--In determining whether a good is an 
    originating good under this section, production undertaken on 
    nonoriginating material in the territory of one or more USMCA 
    countries by one or more producers shall contribute to the 
    originating status of the good, regardless of whether that 
    production is sufficient to confer originating status to the 
    nonoriginating material.
    (f) De Minimis Amounts of Nonoriginating Materials.--
        (1) In general.--Except as provided in paragraphs (2) through 
    (4), a good that does not undergo a change in tariff classification 
    or satisfy a regional value content requirement set forth in Annex 
    4-B of the USMCA is an originating good if--
            (A) the value of all nonoriginating materials that are used 
        in the production of the good, and do not undergo the 
        applicable change in tariff classification set forth in Annex 
        4-B of the USMCA--
                (i) does not exceed 10 percent of the transaction value 
            of the good, adjusted to exclude any costs incurred in the 
            international shipment of the good; or
                (ii) does not exceed 10 percent of the total cost of 
            the good;
            (B) the good meets all other applicable requirements of 
        this section; and
            (C) the value of such nonoriginating materials is included 
        in the value of nonoriginating materials for any applicable 
        regional value content requirement for the good.
        (2) Exceptions for dairy and other products.--Paragraph (1) 
    does not apply to the following:
            (A) A nonoriginating material of headings 0401 through 
        0406, or a nonoriginating dairy preparation containing over 10 
        percent by dry weight of milk solids of subheading 1901.90 or 
        2106.90, used or consumed in the production of a good of 
        headings 0401 through 0406.
            (B) A nonoriginating material of headings 0401 through 
        0406, or nonoriginating dairy preparation containing over 10 
        percent by dry weight of milk solids of subheading 1901.90 or 
        2106.90, used or consumed in the production of any of the 
        following goods:
                (i) Infant preparations containing over 10 percent by 
            dry weight of milk solids, of subheading 1901.10.
                (ii) Mixes and doughs containing over 25 percent by dry 
            weight of butterfat, not put up for retail sale, of 
            subheading 1901.20.
                (iii) A dairy preparation containing over 10 percent by 
            dry weight of milk solids, of subheading 1901.90 or 
            2106.90.
                (iv) A good of heading 2105.
                (v) Beverages containing milk of subheading 2202.90.
                (vi) Animal feeds containing over 10 percent by dry 
            weight of milk solids of subheading 2309.90.
            (C) A nonoriginating material of heading 0805, or any of 
        subheadings 2009.11 through 2009.39, used or consumed in the 
        production of a good of subheadings 2009.11 through 2009.39, or 
        a fruit or vegetable juice of any single fruit or vegetable, 
        fortified with minerals or vitamins, concentrated or 
        unconcentrated, of subheading 2106.90 or 2202.90.
            (D) A nonoriginating material of chapter 9 used or consumed 
        in the production of instant coffee, not flavored, of 
        subheading 2101.11.
            (E) A nonoriginating material of chapter 15 used or 
        consumed in the production of a good of heading 1507, 1508, 
        1512, 1514, or 1515.
            (F) A nonoriginating material of heading 1701 used or 
        consumed in the production of a good of any of headings 1701 
        through 1703.
            (G) A nonoriginating material of chapter 17 or heading 1805 
        used in the production of a good of subheading 1806.10.
            (H) Nonoriginating peaches, pears, or apricots of chapter 8 
        or 20, used in the production of a good of heading 2008.
            (I) A nonoriginating single juice ingredient of heading 
        2009 used or consumed in the production of a good of--
                (i) subheading 2009.90, or tariff item 2106.90.54 
            (concentrated mixtures of fruit or vegetable juice, 
            fortified with minerals or vitamins); or
                (ii) tariff item 2202.99.37 (mixtures of fruit or 
            vegetable juices, fortified with minerals or vitamins).
            (J) A nonoriginating material of any of headings 2203 
        through 2208 used or consumed in the production of a good 
        provided for under heading 2207 or 2208.
        (3) Goods provided for under chapters 1 through 27.--Paragraph 
    (1) does not apply to a nonoriginating material used or consumed in 
    the production of a good provided for in chapters 1 through 27 
    unless the nonoriginating material is provided for in a different 
    subheading than the subheading of the good for which origin is 
    being determined.
        (4) Textile or apparel goods.--
            (A) Goods classified under chapters 50 through 60.--Except 
        as provided in subparagraph (C), a textile or apparel good 
        provided for in any of chapters 50 through 60 or heading 9619 
        that is not an originating good because certain nonoriginating 
        materials used in the production of the good do not undergo an 
        applicable change in tariff classification set forth in Annex 
        4-B of the USMCA, shall be considered to be an originating good 
        if the total weight of all such materials, including 
        elastomeric yarns, is not more than 10 percent of the total 
        weight of the good and the good meets all other applicable 
        requirements of this section.
            (B) Goods classified under chapters 61 through 63.--Except 
        as provided in subparagraph (C), a textile or apparel good 
        provided for in chapter 61, 62, or 63 that is not an 
        originating good because certain fibers or yarns used in the 
        production of the component of the good that determines the 
        tariff classification of the good do not undergo an applicable 
        change in tariff classification set forth in Annex 4-B of the 
        USMCA shall be considered to be an originating good if the 
        total weight of all such fibers or yarns in the component, 
        including elastomeric yarns, is not more than 10 percent of the 
        total weight of the component and the good meets all other 
        applicable requirements of this section.
            (C) Goods containing nonoriginating elastomeric yarns.--
                (i) Goods classified under chapters 50 through 60 or 
            heading 9619 .--A textile or apparel good described in 
            subparagraph (A) containing nonoriginating elastomeric 
            yarns shall be considered to be an originating good only if 
            the nonoriginating elastomeric yarns contained in the good 
            do not exceed 7 percent of the total weight of the good.
                (ii) Goods classified under chapters 61 through 63.--A 
            textile or apparel good described in subparagraph (B) 
            containing nonoriginating elastomeric yarns shall be 
            considered to be an originating good only if the 
            nonoriginating elastomeric yarns contained in the component 
            of the good that determines the tariff classification of 
            the good do not exceed 7 percent of the total weight of the 
            good.
    (g) Fungible Goods and Materials.--
        (1) Fungible materials used in production.--Subject to 
    paragraph (3), if originating and nonoriginating fungible materials 
    are used or consumed in the production of a good, the determination 
    of whether the materials are originating may be made on the basis 
    of any of the inventory management methods set forth in regulations 
    implementing this section.
        (2) Fungible goods commingled and exported.--Subject to 
    paragraph (3), if originating and nonoriginating fungible goods are 
    commingled and exported in the same form, the determination of 
    whether the goods are originating may be made on the basis of any 
    of the inventory management methods set forth in regulations 
    implementing this section.
        (3) Use of inventory management method.--A person that selects 
    an inventory management method for purposes of paragraph (1) or (2) 
    shall use that inventory management method throughout the fiscal 
    year of the person.
    (h) Accessories, Spare Parts, Tools, and Instructional or Other 
Information Materials.--
        (1) In general.--Subject to paragraph (2), accessories, spare 
    parts, tools, or instructional or other information materials 
    delivered with a good shall--
            (A) be treated as originating if the good is an originating 
        good;
            (B) be disregarded in determining whether a good is a good 
        wholly obtained or produced entirely in the territory of one or 
        more USMCA countries or satisfies a process or change in tariff 
        classification set forth in Annex 4-B of the USMCA; and
            (C) be taken into account as originating or nonoriginating 
        materials, as the case may be, in calculating any applicable 
        regional value content of the good set forth in Annex 4-B of 
        the USMCA.
        (2) Conditions.--Paragraph (1) shall apply only if--
            (A) the accessories, spare parts, tools, or instructional 
        or other information materials are classified with and 
        delivered with, but not invoiced separately from, the good; and
            (B) the types, quantities, and value of the accessories, 
        spare parts, tools, or instructional or other information 
        materials are customary for the good.
    (i) Packaging Materials and Containers for Retail Sale.--Packaging 
materials and containers in which a good is packaged for retail sale, 
if classified with the good, shall be disregarded in determining 
whether all of the nonoriginating materials used in the production of 
the good undergo the applicable process or change in tariff 
classification requirement set forth in Annex 4-B of the USMCA, or 
whether the good is a good wholly obtained or produced entirely in the 
territory of one or more USMCA countries. If the good is subject to a 
regional value content requirement set forth in that Annex, the value 
of such packaging materials and containers shall be taken into account 
as originating or nonoriginating materials, as the case may be, in 
calculating the regional value content of the good.
    (j) Packing Materials and Containers for Shipment.--Packing 
materials and containers for shipment shall be disregarded in 
determining whether a good is an originating good.
    (k) Indirect Materials.--An indirect material shall be treated as 
an originating material without regard to where it is produced.
    (l) Transit and Transshipment.--A good that has undergone 
production necessary to qualify as an originating good under subsection 
(c) shall not be considered to be an originating good if, subsequent to 
that production, the good--
        (1) undergoes further production or any other operation outside 
    the territory of a USMCA country, other than--
            (A) unloading, reloading, separation from a bulk shipment, 
        storing, labeling, or marking, as required by a USMCA country; 
        or
            (B) any other operation necessary to preserve the good in 
        good condition or to transport the good to the territory of the 
        importing USMCA country; or
        (2) does not remain under the control of customs authorities in 
    a country other than a USMCA country.
    (m) Goods Classifiable as Goods Put Up in Sets.--
        (1) Goods other than textile or apparel goods.--Notwithstanding 
    the rules set forth in Annex 4-B of the USMCA, goods classifiable 
    as goods put up in sets for retail sale as provided for in rule 3 
    of the General Rule of Interpretation of the HTS shall not be 
    considered to be originating goods unless--
            (A) each of the goods in the set is an originating good; or
            (B) the total value of the nonoriginating goods in the set 
        does not exceed 10 percent of the value of the set.
        (2) Textile or apparel goods.--Notwithstanding the rules set 
    forth in Annex 4-B of the USMCA, goods classifiable as goods put up 
    in sets for retail sale as provided for in rule 3 of the General 
    Rule of Interpretation of the HTS shall not be considered to be 
    originating goods unless--
            (A) each of the goods in the set is an originating good; or
            (B) the total value of the nonoriginating goods in the set 
        does not exceed 10 percent of the value of the set.
    (n) Nonqualifying Operations.--A good shall not be considered to be 
an originating good merely by reason of--
        (1) mere dilution with water or another substance that does not 
    materially alter the characteristics of the good; or
        (2) any production or pricing practice with respect to which it 
    may be demonstrated, by a preponderance of the evidence, that the 
    object of the practice was to circumvent this section.
    (o) Effective Date.--
        (1) In general.--This section shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a good entered for consumption, 
        or withdrawn from warehouse for consumption, on or after that 
        date.
        (2) Transition from nafta treatment.--Section 202 of the North 
    American Free Trade Agreement Implementation Act (19 U.S.C. 3332), 
    as in effect on the day before the date on which the USMCA enters 
    into force, shall continue to apply on and after that date with 
    respect to a good entered for consumption, or withdrawn from 
    warehouse for consumption, before that date.
SEC. 202A. SPECIAL RULES FOR AUTOMOTIVE GOODS.
    (a) Definitions.--In this section:
        (1) Alternative staging regime.--The term ``alternative staging 
    regime'' means the application, pursuant to subsection (d), of the 
    requirements of article 8 of the automotive appendix to the 
    production of covered vehicles to allow producers of such vehicles 
    to bring such production into compliance with the requirements of 
    articles 2 through 7 of that appendix.
        (2) Alternative staging regime period.--The term ``alternative 
    staging regime period'' means the period during which the 
    alternative staging regime is in effect.
        (3) Automotive appendix.--The term ``automotive appendix'' 
    means the Appendix to Annex 4-B of the USMCA (relating to the 
    product-specific rules of origin for automotive goods).
        (4) Automotive good.--The term ``automotive good'' means--
            (A) a covered vehicle; or
            (B) a part, component, or material listed in table A.1, 
        A.2, B, C, D, or E of the automotive appendix.
        (5) Automotive rules of origin.--The term ``automotive rules of 
    origin'' means the rules of origin for automotive goods set forth 
    in the automotive appendix.
        (6) Commissioner.--The term ``Commissioner'' means the 
    Commissioner of U.S. Customs and Border Protection.
        (7) Covered vehicle.--The term ``covered vehicle'' means a 
    passenger vehicle, light truck, or heavy truck.
        (8) Interagency committee.--The term ``interagency committee'' 
    means the interagency committee established under subsection 
    (b)(1).
        (9) Passenger vehicle; light truck; heavy truck.--The terms 
    ``passenger vehicle'', ``light truck'', and ``heavy truck'' have 
    the meanings given those terms in article 1 of the automotive 
    appendix.
        (10) USMCA country.--The term ``USMCA country'' means the 
    United States, Canada, or Mexico for such time as the USMCA is in 
    force with respect to Canada or Mexico, and the United States 
    applies the USMCA to Canada or Mexico.
    (b) Establishment of Interagency Committee.--
        (1) In general.--Not later than 30 days after the date of the 
    enactment of this Act, the President shall establish an interagency 
    committee--
            (A) to provide advice, as appropriate, on the 
        implementation, enforcement, and modification of provisions of 
        the USMCA that relate to automotive goods, including the 
        alternative staging regime; and
            (B) to review the operation of the USMCA with respect to 
        trade in automotive goods, including--
                (i) the economic effects of the automotive rules of 
            origin on the United States economy, workers, and 
            consumers; and
                (ii) the impact of new technology on such rules of 
            origin.
        (2) Members.--The members of the interagency committee shall be 
    the following:
            (A) The Trade Representative.
            (B) The Secretary of Commerce.
            (C) The Commissioner.
            (D) The Secretary of Labor.
            (E) The Chair of the International Trade Commission.
            (F) Any other members determined to be necessary by the 
        Trade Representative.
        (3) Chair.--The chair of the interagency committee shall be the 
    Trade Representative.
        (4) Use of information.--
            (A) Information sharing.--Notwithstanding any other 
        provision of law, the members of the interagency committee may 
        exchange information for purposes of carrying out this section.
            (B) Confidentiality of information.--The interagency 
        committee and any Federal agency represented on the interagency 
        committee may not disclose to the public any confidential 
        documents or information received in the course of carrying out 
        this section, except information aggregated to preserve 
        confidentiality and used in the reports described in subsection 
        (g).
    (c) Certification Requirements.--
        (1) Certification relating to labor value content 
    requirements.--
            (A) In general.--A covered vehicle shall be eligible for 
        preferential tariff treatment only if the producer of the 
        covered vehicle--
                (i) provides a certification to the Commissioner that 
            the production of covered vehicles by the producer meets 
            the labor value content requirements, including the high-
            wage material and manufacturing expenditures, high-wage 
            technology expenditures, and high-wage assembly 
            expenditures, as set forth in article 7 of the automotive 
            appendix or, if the producer is subject to the alternative 
            staging regime, articles 7 and 8 of that appendix, and 
            includes the calculations of the producer related to the 
            labor value content requirements; and
                (ii) has information on record to support those 
            calculations.
            (B) Implementation.--For purposes of meeting the 
        requirements under subparagraph (A)--
                (i) the Secretary of Labor, in consultation with the 
            Commissioner, shall ensure that the certification of a 
            producer under subparagraph (A)(i) does not contain 
            omissions or errors before the certification is considered 
            properly filed; and
                (ii) a calculation described in subparagraph (A)(i) 
            based on a producer's preceding fiscal or calendar year is 
            valid for the producer's subsequent fiscal or calendar 
            year, as the case may be, as set forth in articles 7 and 8 
            of the automotive appendix.
            (C) Regulations required.--The Secretary of the Treasury, 
        in consultation with the Secretary of Labor, shall prescribe 
        regulations to carry out this paragraph, including regulations 
        setting forth the procedures and requirements for a producer of 
        covered vehicles to establish that the producer meets the labor 
        value content requirements for preferential tariff treatment.
        (2) Certification relating to steel and aluminum purchase 
    requirements.--
            (A) In general.--A covered vehicle shall be eligible for 
        preferential tariff treatment only if the producer of the 
        covered vehicle--
                (i) provides a certification to the Commissioner that 
            the production of covered vehicles by the producer meets 
            the steel and aluminum purchase requirements set forth in 
            article 6 of the automotive appendix or, if the producer is 
            subject to the alternative staging regime, articles 6 and 8 
            of that appendix; and
                (ii) has information on record to support the 
            calculations relied on for the certification.
            (B) Implementation.--For purposes of meeting the 
        requirements under subparagraph (A)--
                (i) the Commissioner shall ensure that the 
            certification of a producer under subparagraph (A)(i) does 
            not contain omissions or errors before the certification is 
            considered properly filed; and
                (ii) a calculation described in subparagraph (A)(ii) 
            based on a producer's preceding fiscal or calendar year is 
            valid for the producer's subsequent fiscal or calendar 
            year, as the case may be, as set forth in articles 6 and 8 
            of the automotive appendix.
            (C) Regulations required.--The Secretary of the Treasury 
        shall prescribe regulations to carry out this paragraph, 
        including regulations setting forth the procedures and 
        requirements for a producer of covered vehicles to establish 
        that the producer meets the steel and aluminum purchase 
        requirements for preferential tariff treatment.
    (d) Alternative Staging Regime.--
        (1) Publication of requirements.--Not later than 90 days after 
    the date of the enactment of this Act, the Trade Representative, in 
    consultation with the interagency committee, shall publish in the 
    Federal Register requirements, procedures, and guidance required to 
    implement the alternative staging regime, including with respect to 
    the following:
            (A) The procedures, calculation methodology, timeframe, 
        specific regional value content thresholds, and other minimum 
        requirements, consistent with article 8 of the automotive 
        appendix, with which a producer of covered vehicles subject to 
        the alternative staging regime is required to comply during the 
        alternative staging regime period for such vehicles to be 
        eligible for preferential tariff treatment pursuant to the 
        alternative staging regime.
            (B) The date by which requests for the alternative staging 
        regime are required to be submitted.
            (C) The information a producer of passenger vehicles or 
        light trucks is required to provide, in the producer's request 
        to use the alternative staging regime, to demonstrate the 
        actions that the producer will take to be prepared to meet all 
        the requirements set forth in articles 2 through 7 of the 
        automotive appendix after the alternative staging regime period 
        has expired, including the following:
                (i) A statement identifying which of the requirements 
            set forth in articles 2 through 7 of the automotive 
            appendix that the producer expects it will be unable to 
            meet upon entry into force of the USMCA based on current 
            business plans.
                (ii) A statement indicating whether the passenger 
            vehicles or light trucks for which the producer seeks to 
            use the alternative staging regime account for 10 percent 
            or less, or more than 10 percent, of the total production 
            of passenger vehicles or light trucks, as the case may be, 
            in USMCA countries by the producer during the 12-month 
            period preceding the date on which the USMCA enters into 
            force, or the average of such production during the 36-
            month period preceding that date, whichever is greater.
                (iii) In the case of a producer that seeks to use the 
            alternative staging regime for more than 10 percent of the 
            producer's total production of passenger vehicles or light 
            trucks, as the case may be, in USMCA countries--

                    (I) a detailed and credible plan describing with 
                specificity the actions the producer intends to take to 
                bring production of the passenger vehicles or light 
                trucks, as the case may be, into compliance with the 
                requirements set forth in articles 2 through 7 of the 
                automotive appendix after the alternative staging 
                regime period expires; and
                    (II) a statement indicating the time period for 
                which the producer is requesting to use the alternative 
                staging regime, if that time period is greater than 5 
                years after the USMCA enters into force.

            (D) The procedures for accepting and reviewing requests for 
        the alternative staging regime, including that the Trade 
        Representative will--
                (i) notify a producer of any deficiencies in the 
            request of the producer that would result in a denial of 
            the request not later than 30 days after the request is 
            submitted; and
                (ii) provide producers the opportunity to submit 
            supplemental information.
            (E) The criteria the Trade Representative, in consultation 
        with the interagency committee, will consider when determining 
        whether to approve a request for the alternative staging 
        regime. Such criteria shall only include elements necessary for 
        the producer to demonstrate the producer's ability to meet the 
        requirements specified in subparagraphs (A) and (B). The 
        criteria shall also describe the information to meet those 
        requirements in sufficient detail to allow the producer to 
        identify the information necessary to complete a request for 
        the alternative staging regime.
            (F) The opportunity for a producer described in 
        subparagraph (C)(iii) to modify the producer's request for the 
        alternative staging regime.
        (2) Review of requests for alternative staging regime.--
            (A) In general.--In reviewing the request of a producer of 
        passenger vehicles or light trucks for the alternative staging 
        regime, the Trade Representative, in consultation with the 
        interagency committee, shall determine--
                (i) whether the request covers 10 percent or less, or 
            more than 10 percent, of the production of passenger 
            vehicles or light trucks in USMCA countries by the 
            producer; and
                (ii) whether the producer has identified with 
            specificity which of the requirements set forth in articles 
            2 through 7 of the automotive appendix the producer is 
            unable to meet based on current business plans.
            (B) Approval of alternative staging regime for passenger 
        vehicle or light truck production not exceeding 10 percent of 
        north american production.--The Trade Representative shall 
        authorize the use of the alternative staging regime if the 
        Trade Representative, in consultation with the interagency 
        committee, determines that--
                (i) the request for the alternative staging regime 
            covers passenger vehicles or light trucks that do not 
            exceed 10 percent of the production of passenger vehicles 
            or lights trucks, as the case may be, in USMCA countries by 
            the producer; and
                (ii) the producer has identified with specificity which 
            of the requirements set forth in articles 2 through 7 of 
            the automotive appendix the producer is unable to meet 
            based on current business plans.
            (C) Approval of alternative staging regime for passenger 
        vehicle or light truck production exceeding 10 percent of north 
        american production.--The Trade Representative shall authorize 
        the use of the alternative staging regime if the Trade 
        Representative, in consultation with the interagency committee, 
        determines that--
                (i) the request for the alternative staging regime 
            covers more than 10 percent of the production of passenger 
            vehicles or lights trucks, as the case may be, in USMCA 
            countries by the producer;
                (ii) the producer has identified with specificity which 
            of the requirements set forth in articles 2 through 7 of 
            the automotive appendix the producer is unable to meet 
            based on current business plans; and
                (iii) the detailed and credible plan of the producer 
            submitted under paragraph (1)(C)(iii) is based on 
            substantial evidence and reasonably calculated to bring the 
            production of the passenger vehicles or light trucks, as 
            the case may be, into compliance with the requirements set 
            forth in articles 2 through 7 of the automotive appendix 
            after the alternative staging regime period has expired.
        (3) Procedures related to reviewing and approving requests.--
            (A) Deadline for review.--Not later than 120 days after 
        receiving a request of a producer for the alternative staging 
        regime, the Trade Representative, in consultation with the 
        interagency committee, shall--
                (i) review the request;
                (ii) make a determination with respect to whether to 
            authorize the use of the alternative staging regime; and
                (iii) provide to each producer a response in writing 
            stating whether the producer may use the alternative 
            staging regime.
            (B) Establishment of a public list.--The Trade 
        Representative shall maintain, and update as necessary, a 
        public list of the producers of covered vehicles that have been 
        authorized to use the alternative staging regime.
            (C) Reporting.--Before a determination is made with respect 
        to whether to authorize the use of the alternative staging 
        regime, the Trade Representative shall provide to the 
        appropriate congressional committees a summary of requests for 
        the alternative staging regime.
        (4) Alternative staging regime review and modification.--
            (A) Material changes to circumstances.--
                (i) Notification.--If the request of a producer to use 
            the alternative staging regime for more than 10 percent of 
            the total production of passenger vehicles or light trucks, 
            as the case may be, in USMCA countries by the producer has 
            been granted, the producer shall notify the Trade 
            Representative and the interagency committee of any 
            material changes to the information contained in the 
            request, including any supplemental information relating to 
            that request, and of any material changes to circumstances, 
            that will affect the producer's ability to meet any of the 
            requirements set forth in articles 2 through 7 of the 
            automotive appendix after the alternative staging regime 
            period has expired.
                (ii) Requests for modification of plans.--

                    (I) In general.--A producer that submits a 
                notification under clause (i) with respect to a change 
                described in that clause may submit to the Trade 
                Representative and the interagency committee a request 
                for modification of its plan.
                    (II) Determination regarding modification.--Not 
                later than 90 days after receiving a request submitted 
                under subclause (I), the Trade Representative, in 
                consultation with the interagency committee, shall--

                        (aa) review the request;
                        (bb) make a determination with respect to 
                    whether the modified plan is based on substantial 
                    evidence and reasonably calculated to ensure that 
                    the producer will still be able to meet the 
                    requirements set forth in articles 2 through 7 of 
                    the automotive appendix after the alternative 
                    staging regime period has expired;
                        (cc) if the Trade Representative makes an 
                    affirmative determination under item (bb), approve 
                    the modified plan; and
                        (dd) notify the producer in writing of the 
                    determination.
                (iii) Inability to meet requirements.--If the Trade 
            Representative, in consultation with the interagency 
            committee, determines that the information provided by a 
            producer under clause (i) demonstrates that the producer 
            will no longer be able to meet the requirements set forth 
            in articles 2 through 7 of the automotive appendix after 
            the alternative staging regime period has expired, the 
            Trade Representative shall notify the producer in writing, 
            and no claim for preferential tariff treatment may be made, 
            on or after the date of the determination, with respect to 
            a covered vehicle of the producer pursuant to the 
            alternative staging regime.
        (5) Failure to meet requirements for alternative staging 
    regime.--
            (A) In general.--If, at any time, the Trade Representative, 
        in consultation with the interagency committee, makes a 
        determination described in subparagraph (B) with respect to a 
        producer of covered vehicles subject to the alternative staging 
        regime--
                (i) any claim for preferential tariff treatment under 
            the alternative staging regime for any covered vehicle of 
            that producer shall be considered invalid; and
                (ii) notwithstanding the finality of a liquidation of 
            an entry, the importer of any covered vehicle of that 
            producer shall be liable for the duties, taxes, and fees 
            that would have been applicable to that vehicle if 
            preferential tariff treatment pursuant to the alternative 
            staging regime had not applied when the vehicle was entered 
            for consumption, or withdrawn from warehouse for 
            consumption, plus interest assessed on or after the date of 
            entry and before the date of the determination.
            (B) Determination described.--A determination described in 
        this subparagraph is a determination that a producer of covered 
        vehicles subject to the alternative staging regime--
                (i) has failed to take the steps set forth in the 
            producer's request for the alternative staging regime and, 
            as a result of that failure, the producer will no longer be 
            able to meet the requirements set forth in articles 2 
            through 7 of the automotive appendix after the alternative 
            staging regime period has expired;
                (ii) has provided false or misleading information in 
            the producer's request; or
                (iii) in the case of a producer authorized to use the 
            alternative staging regime for more than 10 percent of the 
            total production of passenger vehicles or light trucks in 
            USMCA countries by the producer, has failed to notify the 
            Trade Representative under paragraph (4)(A) of material 
            changes to circumstances that will prevent the producer 
            from meeting any of the requirements set forth in articles 
            2 through 7 of the automotive appendix after the 
            alternative staging regime period has expired.
    (e) Verification of Labor Value Content Requirements.--
        (1) In general.--As part of a verification conducted under 
    section 207, the Secretary of the Treasury, in conjunction with the 
    Secretary of Labor, may conduct a verification of whether a covered 
    vehicle complies with the labor value content requirements set 
    forth in article 7 of the automotive appendix or, if the producer 
    is subject to the alternative staging regime under subsection (d), 
    articles 7 and 8 of that appendix.
        (2) Role of secretary of labor.--In cooperation with the 
    Secretary of the Treasury, the Secretary of Labor shall participate 
    in any verification conducted under paragraph (1) by verifying 
    whether the production of covered vehicles by a producer meets the 
    high-wage components of the labor value content requirements, 
    including the wage component of the high-wage material and 
    manufacturing expenditures, the high-wage technology expenditures, 
    and the high-wage assembly expenditures, within the meaning given 
    those terms in article 7 of that appendix.
        (3) Role of secretary of the treasury.--The Secretary of the 
    Treasury shall participate in any verification conducted under 
    paragraph (1) by verifying--
            (A) the components of the labor value content requirements 
        not covered by paragraph (2), including the annual purchase 
        value and cost components of the high-wage material and 
        manufacturing expenditures, within the meaning given those 
        terms in article 7 of that appendix; and
            (B) whether the producer has met the labor value content 
        requirements.
        (4) Actions by secretary of labor.--
            (A) In general.--In participating in a verification 
        conducted under paragraph (1), the Secretary of Labor shall 
        assist the Secretary of the Treasury to do the following:
                (i) Examine, or cause to be examined, upon reasonable 
            notice, any record (including any statement, declaration, 
            document, or electronically generated or machine readable 
            data) described in the notice with reasonable specificity.
                (ii) Request information from any officer, employee, or 
            agent of a producer of automotive goods, as necessary, that 
            may be relevant with respect to whether the production of 
            covered vehicles meets the high-wage components of the 
            labor value content requirements set forth in article 7 of 
            the automotive appendix or, if the producer is subject to 
            the alternative staging regime under subsection (d), 
            articles 7 and 8 of that appendix.
            (B) Nature of information requested.--Records and 
        information that may be examined or requested under 
        subparagraph (A) may relate to wages, hours, job 
        responsibilities, and other information in any plant or 
        facility relied on by a producer of covered vehicles to 
        demonstrate that the production of such vehicles by the 
        producer meets the labor value content requirements set forth 
        in article 7 of the automotive appendix or, if the producer is 
        subject to the alternative staging regime under subsection (d), 
        articles 7 and 8 of that appendix.
        (5) Whistleblower protections.--
            (A) Unlawful acts.--It is unlawful to intimidate, threaten, 
        restrain, coerce, blacklist, discharge, or in any other manner 
        discriminate against any person for--
                (i) disclosing information to a Federal agency or to 
            any person relating to a verification under this 
            subsection; or
                (ii) cooperating or seeking to cooperate in a 
            verification under this subsection.
            (B) Enforcement.--The Secretary of the Treasury and the 
        Secretary of Labor are authorized to take such actions under 
        existing law, including imposing appropriate penalties and 
        seeking appropriate injunctive relief, as may be necessary to 
        ensure compliance with this subsection and as provided for in 
        existing regulations.
        (6) Protests of decisions of u.s. customs and border 
    protection.--
            (A) In general.--If a protest under section 514 of the 
        Tariff Act of 1930 (19 U.S.C. 1514) of a decision of U.S. 
        Customs and Border Protection with respect to the eligibility 
        for preferential tariff treatment of a covered vehicle relates 
        to the analysis of the Department of Labor relating to the 
        high-wage components of the labor value content requirements 
        described in paragraph (1), the Secretary of Labor shall--
                (i) conduct an administrative review of the portion of 
            the decision relating to such requirements; and
                (ii) provide the results of that review to the 
            Commissioner.
            (B) No accelerated disposition.--An importer may not 
        request the accelerated disposition under section 515(b) of the 
        Tariff Act of 1930 (19 U.S.C. 1515(b)) of a protest against a 
        decision of the Commissioner described in subparagraph (A).
    (f) Administration by Department of Labor.--The Secretary of Labor 
is authorized to establish or designate an office within the Department 
of Labor to carry out the provisions of this section for which the 
Department is responsible.
    (g) Review and Reports.--
        (1) Periodic review on automotive rules of origin.--
            (A) In general.--The Trade Representative, in consultation 
        with the interagency committee, shall conduct a biennial review 
        of the operation of the USMCA with respect to trade in 
        automotive goods, including--
                (i) to the extent practicable, a summary of actions 
            taken by producers to demonstrate compliance with the 
            automotive rules of origin, use of the alternative staging 
            regime, enforcement of such rules of origin, and other 
            relevant matters; and
                (ii) whether the automotive rules of origin are 
            effective and relevant in light of new technology and 
            changes in the content, production processes, and character 
            of automotive goods.
            (B) Report.--
                (i) In general.--The Trade Representative shall submit 
            to the appropriate congressional committees a report on 
            each review conducted under subparagraph (A).
                (ii) Initial report.--The first report required under 
            clause (i) shall be submitted not later than 2 years after 
            the date on which the USMCA enters into force.
                (iii) Termination of reporting requirement.--The 
            requirement to submit reports under clause (i) shall 
            terminate on the date that is 10 years after the date on 
            which the USMCA enters into force.
        (2) Report by international trade commission.--Not later than 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
                (vi) the interests of consumers in the United States;
            (B) the operation of the automotive rules of origin and 
        their effects on the competitiveness of the United States with 
        respect to production and trade in automotive goods, taking 
        into account developments in technology, production processes, 
        or other related matters;
            (C) whether the automotive rules of origin are relevant in 
        light of technological changes in the United States; and
            (D) such other matters as the International Trade 
        Commission considers relevant to the economic impact of the 
        automotive rules of origin, including prices, sales, 
        inventories, patterns of demand, capital investment, 
        obsolescence of equipment, and diversification of production in 
        the United States.
        (3) Report by comptroller general.--Not later than 4 years 
    after the date on which the USMCA enters into force, the 
    Comptroller General of the United States shall submit to the 
    Committee on Appropriations and the Committee on Ways and Means of 
    the House of Representatives and the Committee on Appropriations 
    and the Committee on Finance of the Senate a report assessing the 
    effectiveness of United States Government interagency coordination 
    on implementation, enforcement, and verification of the automotive 
    rules of origin and the customs procedures of the USMCA with 
    respect to automotive goods.
        (4) Public participation.--Before submitting a report under 
    paragraph (1)(B) or (2), the agency responsible for the report 
    shall--
            (A) solicit information relating to matters that will be 
        addressed in the report from producers of automotive goods, 
        labor organizations, and other interested parties;
            (B) provide for an opportunity for the submission of 
        comments, orally or in writing, from members of the public 
        relating to such matters; and
            (C) after submitting the report, post a version of the 
        report appropriate for public viewing on a publicly available 
        internet website for the agency.
    (h) Effective Date.--This section shall--
        (1) take effect on the date of the enactment of this Act; and
        (2) apply with respect to goods entered, or withdrawn from 
    warehouse for consumption, on or after the date on which the USMCA 
    enters into force.
    SEC. 203. MERCHANDISE PROCESSING FEE.
    (a) In General.--Section 13031(b)(10) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)) is amended by 
striking subparagraph (B) and inserting the following:
    ``(B) No fee may be charged under paragraph (9) or (10) of 
subsection (a) with respect to goods that qualify as originating goods 
under section 202 of the United States-Mexico-Canada Agreement 
Implementation Act or qualify for duty-free treatment under Annex 6-A 
of the USMCA (as defined in section 3 of that Act). Any service for 
which an exemption from such fee is provided by reason of this 
paragraph may not be funded with money contained in the Customs User 
Fee Account.''.
    (b) Effective Date.--
        (1) In general.--The amendment made by subsection (a) shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a good entered or released on or 
        after that date.
        (2) Transition from nafta treatment.--In the case of a good 
    entered or released before the date on which the USMCA enters into 
    force--
            (A) the amendments made by subsection (a) to section 
        13031(b)(10)(B) of the Consolidated Omnibus Budget 
        Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)(B)) shall not 
        apply with respect to the good; and
            (B) section 13031(b)(10)(B) of such Act, as in effect on 
        the day before that date, shall continue to apply on and after 
        that date with respect to the good.
        (3) Entered or released defined.--In this subsection, the term 
    ``entered or released'' has the meaning given that term in section 
    13031(b)(8)(E) of the Consolidated Omnibus Budget Reconciliation 
    Act of 1985 (19 U.S.C. 58c(b)(8)(E)).
    SEC. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS 
      OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT.
    (a) Disclosure of Incorrect Information.--Section 592 of the Tariff 
Act of 1930 (19 U.S.C. 1592) is amended--
        (1) in subsection (c), by striking paragraph (5) and inserting 
    the following:
        ``(5) Prior disclosure regarding claims under the usmca.--An 
    importer shall not be subject to penalties under subsection (a) for 
    making an incorrect claim that a good qualifies as an originating 
    good under section 202 of the United States-Mexico-Canada Agreement 
    Implementation Act if the importer, in accordance with regulations 
    prescribed by the Secretary of the Treasury, promptly makes a 
    corrected declaration and pays any duties owing with respect to 
    that good.''; and
        (2) by striking subsection (f) and inserting the following:
    ``(f) False Certifications of Origin Under the USMCA.--
        ``(1) In general.--Subject to paragraph (2), it is unlawful for 
    any person to certify falsely, by fraud, gross negligence, or 
    negligence, in a USMCA certification of origin (as such term is 
    defined in section 508 of this Act) that a good exported from the 
    United States qualifies as an originating good under the rules of 
    origin provided for in section 202 of the United States-Mexico-
    Canada Agreement Implementation Act. The procedures and penalties 
    of this section that apply to a violation of subsection (a) also 
    apply to a violation of this subsection.
        ``(2) Prompt and voluntary disclosure of incorrect 
    information.--No penalty shall be imposed under this subsection if, 
    promptly after an exporter or producer that issued a USMCA 
    certification of origin has reason to believe that such 
    certification contains or is based on incorrect information, the 
    exporter or producer voluntarily provides written notice of such 
    incorrect information to every person to whom the certification was 
    issued.
        ``(3) Exception.--A person shall not be considered to have 
    violated paragraph (1) if--
            ``(A) the information was correct at the time it was 
        provided in a USMCA certification of origin but was later 
        rendered incorrect due to a change in circumstances; and
            ``(B) the person promptly and voluntarily provides written 
        notice of the change in circumstances to all persons to whom 
        the person provided the certification.''.
    (b) Denial of Preferential Tariff Treatment.--Section 514 of the 
Tariff Act of 1930 (19 U.S.C. 1514) is amended--
        (1) in subsection (b), by striking ``and article 1904'' and all 
    that follows through ``Free-Trade Agreement'';
        (2) in subsection (c)--
            (A) in paragraph (1), in the matter following subparagraph 
        (D), by striking ``section 202 of the North American Free Trade 
        Agreement Implementation Act'' and inserting ``section 202 of 
        the United States-Mexico-Canada Agreement Implementation Act''; 
        and
            (B) in paragraph (2)(E)--
                (i) by striking ``section 202 of the North American 
            Free Trade Agreement Implementation Act'' and inserting 
            ``section 202 of the United States-Mexico-Canada Agreement 
            Implementation Act''; and
                (ii) by striking ``NAFTA Certificate of Origin'' and 
            inserting ``USMCA certification of origin (as such term is 
            defined in section 508 of this Act)'';
        (3) in subsection (e), by striking ``section 202 of the North 
    American Free Trade Agreement Implementation Act'' and inserting 
    ``section 202 of the United States-Mexico-Canada Agreement 
    Implementation Act''; and
        (4) by striking subsection (f) and inserting the following:
    ``(f) Denial of Preferential Tariff Treatment Under the USMCA.--If 
U.S. Customs and Border Protection or U.S. Immigration and Customs 
Enforcement of the Department of Homeland Security finds indications of 
a pattern of conduct by an importer, exporter, or producer of false or 
unsupported representations that goods qualify under the rules of 
origin provided for in section 202 of the United States-Mexico-Canada 
Agreement Implementation Act, U.S. Customs and Border Protection, in 
accordance with regulations prescribed by the Secretary of the 
Treasury, may suspend preferential tariff treatment under the USMCA (as 
defined in section 3 of that Act) to entries of identical goods covered 
by subsequent representations by that importer, exporter, or producer 
until U.S. Customs and Border Protection determines that 
representations of that person are in conformity with such section 
202.''.
    (c) Effective Date.--
        (1) In general.--The amendments made by subsections (a) and (b) 
    shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a good entered, or exported from 
        the United States, as the case may be, on or after that date.
        (2) Transition from nafta treatment.--In the case of a good 
    entered, or exported from the United States, as the case may be, 
    before the date on which the USMCA enters into force--
            (A) the amendments made by subsection (a) to section 592 of 
        the Tariff Act of 1930 (19 U.S.C. 1592) and the amendments made 
        by subsection (b) to section 514 of such Act (19 U.S.C. 1514) 
        shall not apply with respect to the good; and
            (B) sections 592 and 514 of such Act, as in effect on the 
        day before that date, shall continue to apply on and after that 
        date with respect to the good.
        (3) Entered defined.--In this subsection, the term ``entered'' 
    includes a withdrawal from warehouse for consumption.
    SEC. 205. RELIQUIDATION OF ENTRIES.
    (a) In General.--Section 520(d) of the Tariff Act of 1930 (19 
U.S.C. 1520(d)) is amended--
        (1) in the matter preceding paragraph (1)--
            (A) by striking ``section 202 of the North American Free 
        Trade Agreement Implementation Act,'';
            (B) by striking ``, or section 203'' and inserting ``, 
        section 203''; and
            (C) by striking ``for which'' and inserting ``, or section 
        202 of the United States-Mexico-Canada Agreement Implementation 
        Act (except with respect to any merchandise processing fees), 
        for which''; and
        (2) by striking paragraph (2) and inserting the following:
        ``(2) copies of all applicable certificates or certifications 
    of origin; and''.
    (b) Effective Date.--
        (1) In general.--The amendments made by subsection (a) shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a good entered for consumption, 
        or withdrawn from warehouse for consumption, on or after that 
        date.
        (2) Transition from nafta treatment.--In the case of a good 
    entered for consumption, or withdrawn from warehouse for 
    consumption, before the date on which the USMCA enters into force--
            (A) the amendments made by subsection (a) to section 520(d) 
        of the Tariff Act of 1930 (19 U.S.C. 1520(d)) shall not apply 
        with respect to the good; and
            (B) section 520(d) of such Act, as in effect on the day 
        before that date, shall continue to apply on and after that 
        date with respect to the good.
    SEC. 206. RECORDKEEPING REQUIREMENTS.
    (a) In General.--Section 508 of the Tariff Act of 1930 (19 U.S.C. 
1508) is amended--
        (1) by striking subsection (b) and inserting the following:
    ``(b) Exports and Imports Relating to USMCA Countries.--
        ``(1) Definitions.--In this subsection:
            ``(A) USMCA; usmca country.--The terms `USMCA' and `USMCA 
        country' have the meanings given those terms in section 3 of 
        the United States-Mexico-Canada Agreement Implementation Act.
            ``(B) USMCA certification of origin.--The term `USMCA 
        certification of origin' means the certification established 
        under article 5.2.1 of the USMCA that a good qualifies as an 
        originating good under the USMCA.
        ``(2) Exports to usmca countries.--Any person who completes a 
    USMCA certification of origin or provides a written representation 
    for a good exported from the United States to a USMCA country shall 
    make, keep, and, pursuant to rules and regulations prescribed by 
    the Secretary of the Treasury, render for examination and 
    inspection, all records and supporting documents related to the 
    origin of the good (including the certification or copies thereof), 
    including records related to--
            ``(A) the purchase, cost, value, and shipping of, and 
        payment for, the good;
            ``(B) the purchase, cost, value, and shipping of, and 
        payment for, all materials, including indirect materials, used 
        in the production of the good; and
            ``(C) the production of the good in the form in which it 
        was exported or the production of the material in the form in 
        which it was sold.
        ``(3) Exports under the canadian agreement.--Any person who 
    exports, or who knowingly causes to be exported, any merchandise to 
    Canada during such time as the United States-Canada Free-Trade 
    Agreement is in force with respect to, and the United States 
    applies that Agreement to, Canada shall make, keep, and render for 
    examination and inspection such records (including certifications 
    of origin or copies thereof) which pertain to the exportations.
        ``(4) Imports into the united states.--
            ``(A) In general.--Any importer who claims preferential 
        tariff treatment under the USMCA for a good imported into the 
        United States from a USMCA country shall make, keep, and, 
        pursuant to rules and regulations prescribed by the Secretary 
        of the Treasury of the Secretary of Labor, render for 
        examination and inspection--
                ``(i) records and supporting documentation related to 
            the importation;
                ``(ii) all records and supporting documents related to 
            the origin of the good (including the certification or 
            copies thereof), if the importer completed the 
            certification; and
                ``(iii) records and supporting documents necessary to 
            demonstrate that the good did not, while in transit to the 
            United States, undergo further production or any other 
            operation other than unloading, reloading, or any other 
            operation necessary to preserve the good in good condition 
            or to transport the good to the United States.
            ``(B) Vehicle producer.--Any vehicle producer whose good is 
        the subject of a claim for preferential tariff treatment under 
        the USMCA shall make, keep, and, pursuant to rules and 
        regulations promulgated by the Secretary of the Treasury and 
        Secretary of Labor, render for examination and inspection 
        records and supporting documents related to the labor value 
        content and steel and aluminum purchasing requirements for the 
        qualification of its vehicles for preferential treatment.
        ``(5) Retention period.--
            ``(A) Exports to usmca countries.--A person covered by 
        paragraph (2) who completes a USMCA certification of origin or 
        provides a written representation for a good exported from the 
        United States to a USMCA country shall keep the records 
        required by such paragraph relating to that certification of 
        origin for a period of at least 5 years after the date on which 
        the certification is completed.
            ``(B) Exports under canadian agreement.--The records 
        required by paragraph (3) shall be kept for such periods of 
        time as the Secretary shall prescribe, except that--
                ``(i) no period of time for the retention of the 
            records may exceed 5 years from the date of entry, filing 
            of a reconciliation, or exportation, as appropriate; and
                ``(ii) records for any drawback claim shall be kept 
            until the third anniversary of the date of liquidation of 
            the claim.
            ``(C) Imports into the united states.--
                ``(i) In general.--An importer covered by paragraph 
            (4)(A) shall keep the records and supporting documents 
            required by such paragraph for a period of at least 5 years 
            after the date of importation of the good.
                ``(ii) Vehicle producer.--A vehicle producer covered by 
            paragraph (4)(B) shall keep the records and supporting 
            documents required by paragraph (4)(B) for a period of at 
            least 5 years after the date of filing the certifications 
            required under paragraphs (1) and (2) of section 202A(c) of 
            the United States-Mexico-Canada Agreement Implementation 
            Act.'';
        (2) by striking subsection (c); and
        (3) in the paragraph heading for subsection (e)(1), by striking 
    ``nafta'' and inserting ``usmca''.
    (b) Effective Date.--
        (1) In general.--The amendments made by subsection (a) shall 
    take effect on the date on which the USMCA enters into force.
        (2) Applicability.--
            (A) Exports.--Paragraphs (2) and (5)(A) of section 508(b) 
        of the Tariff Act of 1930, as amended by subsection (a), shall 
        apply with respect to a good exported from the United States on 
        or after the date on which the USMCA enters into force.
            (B) Imports.--Paragraphs (4) and (5)(C) of section 508(b) 
        of the Tariff Act of 1930, as amended by subsection (a), shall 
        apply with respect to a good that is entered for consumption, 
        or withdrawn from warehouse for consumption, on or after the 
        date on which the USMCA enters into force.
        (3) Transition from nafta treatment.--
            (A) Exports.--In the case of a good exported from the 
        United States before the date on which the USMCA enters into 
        force--
                (i) the amendments made by subsection (a) to paragraphs 
            (2) and (5)(A) of section 508(b) of the Tariff Act of 1930 
            (19 U.S.C. 1508) shall not apply with respect to the good; 
            and
                (ii) section 508 of such Act, as in effect on the day 
            before that date, shall continue to apply on and after that 
            date with respect to the good.
            (B) Imports.--In the case of a good that is entered for 
        consumption, or withdrawn from warehouse for consumption, 
        before the date on which the USMCA enters into force, the 
        amendments made by subsection (a) to paragraphs (4) and (5)(C) 
        of section 508(b) of the Tariff Act of 1930 (19 U.S.C. 1508) 
        shall not apply with respect to the good.
    SEC. 207. ACTIONS REGARDING VERIFICATION OF CLAIMS UNDER THE USMCA.
    (a) Verification.--
        (1) Origin verification.--
            (A) In general.--The Secretary of the Treasury may, 
        pursuant to article 5.9 of the USMCA, conduct a verification of 
        whether a good is an originating good under section 202 or 
        202A.
            (B) Additional requirements.--If the Secretary conducts a 
        verification under subparagraph (A), the President may direct 
        the Secretary--
                (i) during the verification process, to release the 
            good only upon payment of duties or provision of security; 
            and
                (ii) if the Secretary makes a negative determination 
            under subsection (b), to take action under subsection (c).
        (2) Textile and apparel goods.--
            (A) In general.--The Secretary of the Treasury may, 
        pursuant to article 6.6 of the USMCA, conduct a verification 
        described in subparagraph (C) with respect to a textile or 
        apparel good.
            (B) Additional requirements.--If the Secretary conducts a 
        verification under subparagraph (A) with respect to a textile 
        or apparel good, the President may direct the Secretary--
                (i) during the verification process, to take 
            appropriate action described in subparagraph (D); and
                (ii) if the Secretary makes a negative determination 
            described in subsection (b), to take action under 
            subsection (c).
            (C) Verification described.--A verification described in 
        this subparagraph with respect to a textile or apparel good 
        is--
                (i) a verification of whether the good qualifies for 
            preferential tariff treatment under the USMCA; or
                (ii) a verification of whether customs offenses are 
            occurring or have occurred with respect to the good.
            (D) Action during verification.--Appropriate action 
        described in this subparagraph may consist of--
                (i) release of the textile or apparel good that is the 
            subject of a verification described in subparagraph (C) 
            upon payment of duties or provision of security;
                (ii) suspension of preferential tariff treatment under 
            the USMCA with respect to--

                    (I) the textile or apparel good that is the subject 
                of a verification described in subparagraph (C)(i), if 
                the Secretary determines that there is insufficient 
                information to support the claim for preferential 
                tariff treatment; or
                    (II) any textile or apparel good exported or 
                produced by a person that is the subject of a 
                verification described in subparagraph (C)(ii) if the 
                Secretary of the Treasury determines that there is 
                insufficient information to support the claim for 
                preferential tariff treatment made with respect to that 
                good;

                (iii) denial of preferential tariff treatment under the 
            USMCA with respect to--

                    (I) the textile or apparel good that is the subject 
                of a verification described in subparagraph (C)(i) if 
                the Secretary determines that incorrect information has 
                been provided to support the claim for preferential 
                tariff treatment; or
                    (II) any textile or apparel good exported or 
                produced by a person that is the subject of a 
                verification described in subparagraph (C)(ii) if the 
                Secretary determines that the person has provided 
                incorrect information to support the claim for 
                preferential tariff treatment that has been made with 
                respect to that good;

                (iv) detention of any textile or apparel good exported 
            or produced by a person that is the subject of a 
            verification described in subparagraph (C) if the Secretary 
            determines that there is insufficient information to 
            determine the country of origin of that good; and
                (v) denial of entry into the United States of any 
            textile or apparel good exported or produced by a person 
            that is the subject of a verification described in 
            subparagraph (C) if the Secretary determines that the 
            person has provided incorrect information regarding the 
            country of origin of that good.
    (b) Negative Determination.--
        (1) In general.--A negative determination described in this 
    subsection with respect to a good imported, exported, or produced 
    by an importer, exporter, or producer is a determination by the 
    Secretary, based on a verification conducted under subsection (a), 
    that--
            (A) a claim by the importer, exporter, or producer that the 
        good qualifies as an originating good under section 202 is 
        inaccurate; or
            (B) the good does not qualify for preferential tariff 
        treatment under the USMCA because--
                (i) the importer, exporter, or producer failed to 
            respond to a written request for information or failed to 
            provide sufficient information to determine that the good 
            qualifies as an originating good;
                (ii) after receipt of a written notification for a 
            visit to conduct verification under subsection (a), the 
            exporter or producer did not provide written consent for 
            that visit;
                (iii) the importer, exporter, or producer does not 
            maintain, or denies access to, records or documentation 
            required under section 508(l) of the Tariff Act of 1930 (19 
            U.S.C. 1508(l));
                (iv) in the case of verification conducted under 
            subsection (a)(2)--

                    (I) access or permission for a site visit is 
                denied;
                    (II) officials of the United States are prevented 
                from completing a site visit on the proposed date and 
                the exporter or producer does not provide an acceptable 
                alternative date for the site visit; or
                    (III) the exporter or producer does not provide 
                access to relevant documents or facilities during a 
                site visit; or

                (v) the importer, exporter, or producer--

                    (I) otherwise fails to comply with the requirements 
                of this section; or
                    (II) based on the preponderance of the evidence, 
                circumvents the requirements of this section.

        (2) Requests for information.--The Secretary shall not make a 
    negative determination described in paragraph (1)(B) unless--
            (A) in a case in which the Secretary conducts a 
        verification with respect to a good by written request or 
        questionnaire submitted to the importer under article 5.9.1(a) 
        of the USMCA and the claim for preferential tariff treatment 
        under the USMCA is based on a certification of origin completed 
        by the exporter or producer of the good, the Secretary requests 
        information from the exporter or producer that completed the 
        certification; or
            (B) in a case in which the Secretary conducts a 
        verification with respect to a textile or apparel good by 
        requesting a site visit under article 6.6.2 of the USMCA, the 
        Secretary requests information from the importer and from any 
        exporter or producer that provided information to the Secretary 
        to support the claim for preferential tariff treatment.
    (c) Action Based on Determination.--
        (1) Denial of preferential tariff treatment.--Upon making a 
    negative determination described in subsection (b)(1) with respect 
    to a good, the Secretary may deny preferential tariff treatment 
    under the USMCA with respect to the good.
        (2) Withholding of preferential tariff treatment based on 
    pattern of conduct.--If verifications of origin relating to 
    identical goods indicate a pattern of conduct by an importer, 
    exporter, or producer of false or unsupported representations 
    relevant to a claim that a good imported into the United States 
    qualifies for preferential tariff treatment under the USMCA, U.S. 
    Customs and Border Protection, in accordance with regulations 
    prescribed by the Secretary, may withhold preferential tariff 
    treatment under the USMCA for entries of those goods imported, 
    exported, or produced by that person until U.S. Customs and Border 
    Protection determines that person has established compliance with 
    requirements for claims for preferential tariff treatment under the 
    USMCA.
    (d) Prevention of Circumvention.--In making a determination under 
this section, including whether to accept or reject a claim for 
preferential tariff treatment under the USMCA, the Secretary shall 
interpret the requirements of this section in a manner to avoid and 
prevent circumvention of those requirements.
    SEC. 208. DRAWBACK [RESERVED].
    SEC. 209. OTHER AMENDMENTS TO THE TARIFF ACT OF 1930.
    (a) Country of Origin Marking.--Section 304 of the Tariff Act of 
1930 (19 U.S.C. 1304) is amended by striking subsection (k) and 
inserting the following:
    ``(k) Treatment of Goods of a USMCA Country.--In applying this 
section to an article that qualifies as a good of a USMCA country (as 
defined in section 3 of the United States-Mexico-Canada Agreement 
Implementation Act)--
        ``(1) the exemption under subsection (a)(3)(H) shall be applied 
    by substituting `reasonably know' for `necessarily know';
        ``(2) the Secretary shall exempt the good from the requirements 
    for marking under subsection (a) if the good--
            ``(A) is an original work of art; or
            ``(B) is provided for under subheading 6904.10, heading 
        8541, or heading 8542 of the Harmonized Tariff Schedule of the 
        United States; and
        ``(3) subsection (b) does not apply to the usual container of 
    any good described in subsection (a)(3)(E) or (I) or paragraph 
    (2)(A) or (B) of this subsection.''.
    (b) Examination of Books and Witnesses.--Section 509(a)(2)(A) of 
the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)(A)) is amended--
        (1) in clause (i), by inserting at the end ``or a vehicle 
    producer whose good is subject to a claim of preferential tariff 
    treatment under the USMCA (as defined in section 3 of the United 
    States-Mexico-Canada Agreement Implementation Act),''; and
        (2) in clause (ii), by striking ``a NAFTA country'' and all 
    that follows through ``Implementation Act)'' and inserting ``a 
    USMCA country (as defined in section 3 of the United States-Mexico-
    Canada Agreement Implementation Act)''.
    (c) Exchange of Information.--Section 628 of the Tariff Act of 1930 
(19 U.S.C. 1628) is amended by striking subsection (c) and inserting 
the following:
    ``(c) Government Agency of USMCA Country.--
        ``(1) In general.--The Secretary may authorize U.S. Customs and 
    Border Protection to exchange information with any government 
    agency of a USMCA country, if the Secretary--
            ``(A) reasonably believes the exchange of information is 
        necessary to implement chapter 2, 4, 5, 6, or 7 of the USMCA; 
        and
            ``(B) obtains assurances from such agency that the 
        information will be held in confidence and used only for 
        governmental purposes.
        ``(2) Definitions.--In this subsection, the terms `USMCA' and 
    `USMCA country' have the meanings given those terms in section 3 of 
    the United States-Mexico-Canada Agreement Implementation Act.''.
    (d) Effective Date.--
        (1) In general.--The amendments made by this section shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a good entered for consumption, 
        or withdrawn from warehouse for consumption, on or after that 
        date.
        (2) Transition from nafta treatment.--In the case of a good 
    entered for consumption, or withdrawn from warehouse for 
    consumption, before the date on which the USMCA enters into force--
            (A) the amendments made by this section shall not apply 
        with respect to the good; and
            (B) the provisions of law amended by this section, as such 
        provisions were in effect on the day before that date, shall 
        continue to apply on and after that date with respect to the 
        good.
    (e) Effective Date Relating to Exchange of Information.--
Notwithstanding the amendment made by subsection (c), the Secretary of 
the Treasury shall retain the authority provided in section 628(c) of 
the Tariff Act of 1930 (as in effect on the day before the date on 
which the USMCA enters into force) to exchange information with any 
government agency of a NAFTA country (as defined in section 2 of the 
North American Free Trade Agreement Implementation Act (as in effect on 
the day before the date on which the USMCA enters into force)).
    SEC. 210. REGULATIONS.
    (a) Secretary of the Treasury.--The Secretary of the Treasury shall 
prescribe such regulations as may be necessary to carry out this title 
and the amendments made by this title (except as provided by subsection 
(b)).
    (b) Secretary of Labor.--The Secretary of Labor shall prescribe 
such regulations as may be necessary to carry out the labor value 
content determination under section 202A.

        TITLE III--APPLICATION OF USMCA TO SECTORS AND SERVICES
 Subtitle A--Relief From Injury Caused by Import Competition [reserved]
       Subtitle B--Temporary Entry of Business Persons [reserved]
   Subtitle C--United States-Mexico Cross-Border Long-Haul Trucking 
                                Services

    SEC. 321. DEFINITIONS.
    In this subtitle:
        (1) Border commercial zone.--The term ``border commercial 
    zone'' means--
            (A) the area of United States territory of the 
        municipalities along the United States-Mexico international 
        border and the commercial zones of such municipalities as 
        described in subpart B of part 372 of title 49, Code of Federal 
        Regulations; and
            (B) any additional border crossing and associated 
        commercial zones listed in the Federal Motor Carrier Safety 
        Administration OP-2 application instructions or successor 
        documents.
        (2) Cargo originating in mexico.--The term ``cargo originating 
    in Mexico'' means any cargo that enters the United States by 
    commercial motor vehicle from Mexico, including cargo that may have 
    originated in a country other than Mexico.
        (3) Change in circumstances.--The term ``change in 
    circumstance'' may include a substantial increase in services 
    supplied by the grantee of a grant of authority.
        (4) Commercial motor vehicle.--The term ``commercial motor 
    vehicle'' means a commercial motor vehicle, as such term is defined 
    in paragraph (1) of section 31132 of title 49, United States Code, 
    that meets the requirements of subparagraph (A) of such paragraph.
        (5) Cross-border long-haul trucking services.--The term 
    ``cross-border long-haul trucking services'' means--
            (A) the transportation by commercial motor vehicle of cargo 
        originating in Mexico to a point in the United States outside 
        of a border commercial zone; or
            (B) the transportation by commercial motor vehicle of cargo 
        originating in the United States from a point in the United 
        States outside of a border commercial zone to a point in a 
        border commercial zone or a point in Mexico.
        (6) Driver.--The term ``driver'' means a person that drives a 
    commercial motor vehicle in cross-border long-haul trucking 
    services.
        (7) Grant of authority.--The term ``grant of authority'' means 
    registration granted pursuant to section 13902 of title 49, United 
    States Code, or a successor provision, to persons of Mexico to 
    conduct cross-border long-haul trucking services in the United 
    States.
        (8) Interested party.--The term ``interested party'' means--
            (A) persons of the United States engaged in the provision 
        of cross-border long-haul trucking services;
            (B) a trade or business association, a majority of whose 
        members are part of the relevant United States long-haul 
        trucking services industry;
            (C) a certified or recognized union, or representative 
        group of suppliers, operators, or drivers who are part of the 
        United States long-haul trucking services industry;
            (D) the Government of Mexico; or
            (E) persons of Mexico.
        (9) Material harm.--The term ``material harm'' means a 
    significant loss in the share of the United States market or 
    relevant sub-market for cross-border long-haul trucking services 
    held by persons of the United States.
        (10) Operator or supplier.--The term ``operator'' or 
    ``supplier'' means an entity that has been granted registration 
    under section 13902 of title 49, United States Code, to provide 
    cross-border long-haul trucking services.
        (11) Persons of mexico.--The term ``persons of Mexico'' 
    includes--
            (A) entities domiciled in Mexico organized, or otherwise 
        constituted under Mexican law, including subsidiaries of United 
        States companies domiciled in Mexico, or entities owned or 
        controlled by a Mexican national, which conduct cross-border 
        long-haul trucking services, or employ drivers who are non-
        United States nationals; and
            (B) drivers who are Mexican nationals.
        (12) Persons of the united states.--The term ``persons of the 
    United States'' includes entities domiciled in the United States, 
    organized or otherwise constituted under United States law, and not 
    owned or controlled by persons of Mexico, which provide cross-
    border long-haul trucking services and long-haul commercial motor 
    vehicle drivers who are United States nationals.
        (13) Threat of material harm.--The term ``threat of material 
    harm'' means material harm that is likely to occur.
        (14) United states long-haul trucking services industry.--The 
    term ``United States long-haul trucking services industry'' means--
            (A) United States suppliers, operators, or drivers as a 
        whole providing cross-border long-haul trucking services; or
            (B) United States suppliers, operators, or drivers 
        providing cross-border long-haul trucking services in a 
        specific sub-market of the whole United States market.
    SEC. 322. INVESTIGATIONS AND DETERMINATIONS BY COMMISSION.
    (a) Investigation.--Upon the filing of a petition by an interested 
party described in subparagraph (A), (B), or (C) of section 321(8) 
which is representative of a United States long-haul trucking services 
industry, or at the request of the President or the Trade 
Representative, or upon the resolution of the Committee on Ways and 
Means of the House of Representatives or the Committee on Finance of 
the Senate, the International Trade Commission (in this subtitle 
referred to as the ``Commission'') shall promptly initiate an 
investigation to determine--
        (1) whether a request by a person of Mexico to receive a grant 
    of authority that is pending as of the date of the filing of the 
    petition threatens to cause material harm to a United States long-
    haul trucking services industry;
        (2) whether a person of Mexico who has received a grant of 
    authority on or after the date of entry into force of the USMCA and 
    retains such grant of authority is causing or threatens to cause 
    material harm to a United States long-haul trucking services 
    industry; or
        (3) whether, with respect to a person of Mexico who has 
    received a grant of authority before the date of entry into force 
    of the USMCA and retains such grant of authority, there has been a 
    change in circumstances such that such person of Mexico is causing 
    or threatens to cause material harm to a United States long-haul 
    trucking services industry.
    (b) Transmission of Petition, Request, or Resolution.--The 
Commission shall transmit a copy of any petition, request, or 
resolution filed under subsection (a) to the Trade Representative and 
the Secretary of Transportation.
    (c) Publication and Hearings.--The Commission shall--
        (1) promptly publish notice of the commencement of any 
    investigation under subsection (a) in the Federal Register; and
        (2) within a reasonable time period thereafter, hold public 
    hearings at which the Commission shall afford interested parties an 
    opportunity to be present, to present evidence, to respond to 
    presentations of other parties, and otherwise to be heard.
    (d) Factors Applied in Making Determinations.--In making a 
determination under subsection (a) of whether a request by a person of 
Mexico to receive a grant of authority, or a person of Mexico who has 
received a grant of authority and retains such grant of authority, as 
the case may be, threatens to cause material harm to a United States 
long-haul trucking services industry, the Commission shall--
        (1) consider, among other things, and as relevant--
            (A) the volume and tonnage of merchandise transported; and
            (B) the employment, wages, hours of service, and working 
        conditions; and
        (2) with respect to a change in circumstances described in 
    subsection (a)(3), take into account those operations by persons of 
    Mexico under grants of authority in effect as of the date of entry 
    into force of the USMCA are not causing material harm.
    (e) Assistance to Commission.--
        (1) In general.--At the request of the Commission, the 
    Secretary of Homeland Security shall consult with the Commission 
    and shall collect and maintain such additional data and other 
    information on commercial motor vehicles entering or exiting the 
    United States at a port of entry or exit at the United States 
    border with Mexico as the Commission may request for the purpose of 
    conducting investigations under subsection (a) and shall make such 
    information available to the Commission in a timely manner.
        (2) Requests for information.--
            (A) In general.--At the request of the Commission, the 
        Secretary of Homeland Security, the Secretary of 
        Transportation, the Secretary of Commerce, the Secretary of 
        Labor, and the head of any other Federal agency shall make 
        available to the Commission any information in their 
        possession, including proprietary information, as the 
        Commission may require in order to assist the Commission in 
        making determinations under subsection (a).
            (B) Confidential business information.--The Commission 
        shall treat any proprietary information obtained under 
        subparagraph (A) as confidential business information in 
        accordance with regulations adopted by the Commission to carry 
        out this subtitle.
    (f) Limited Disclosure of Confidential Business Information Under 
Protective Order.--The Commission shall promulgate regulations to 
provide access to confidential business information under protective 
order to authorized representatives of interested parties who are 
parties to an investigation under subsection (a).
    (g) Deadline for Determination.--
        (1) In general.--Not later than 120 days after the date on 
    which an investigation is initiated under subsection (a) with 
    respect to a petition, request, or resolution, the Commission shall 
    make a determination with respect to the petition, request, or 
    resolution.
        (2) Exception.--If, before the 100th day after an investigation 
    is initiated under subsection (a), the Commission determines that 
    the investigation is extraordinarily complicated, the Commission 
    shall make its determination with respect to the investigation not 
    later than 150 days after the date referred to in paragraph (1).
    (h) Applicable Provisions.--For purposes of this subtitle, the 
provisions of paragraphs (1), (2), and (3) of section 330(d) of the 
Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect to 
determinations and findings made under this section as if such 
determinations and findings were made under section 202 of the Trade 
Act of 1974 (19 U.S.C. 2252).
    SEC. 323. COMMISSION RECOMMENDATIONS AND REPORT.
    (a) In General.--If the Commission makes an affirmative 
determination under section 322, the Commission shall recommend the 
action that is necessary to address the material harm or threat of 
material harm found.
    (b) Limitation.--Only those members of the Commission who agreed to 
the affirmative determination under section 322 are eligible to vote on 
the recommendation required to be made under subsection (a).
    (c) Report.--Not later than the date that is 60 days after the date 
on which the determination is made under section 322, the Commission 
shall submit to the President a report that includes--
        (1) the determination and an explanation of the basis for the 
    determination;
        (2) if the determination is affirmative, recommendations for 
    action and an explanation of the basis for the recommendation; and
        (3) any dissenting or separate views by members of the 
    Commission regarding the determination.
    (d) Public Notice.--Upon submitting a report to the President under 
subsection (c), the Commission shall--
        (1) promptly make public the report (with the exception of 
    information which the Commission determines to be confidential 
    business information); and
        (2) publish a summary of the report in the Federal Register.
    SEC. 324. ACTION BY PRESIDENT WITH RESPECT TO AFFIRMATIVE 
      DETERMINATION.
    (a) In General.--Not later than the date that is 30 days after the 
date on which the President receives a report of the Commission in 
which the Commission's determination under section 322 is affirmative 
or which contains a determination that the President may treat as 
affirmative in accordance with section 330(d)(1) of the Tariff Act of 
1930 (19 U.S.C. 1330(d)(1))--
        (1) the President shall, subject to subsection (b), issue an 
    order to the Secretary of Transportation specifying the relief to 
    be provided, consistent with subsection (c), and directing the 
    relief to be carried out; and
        (2) the Secretary of Transportation shall carry out such 
    relief.
    (b) Exception.--The President is not required to provide relief 
under this section if the President determines that provision of such 
relief--
        (1) is not in the national economic interest of the United 
    States; or
        (2) would cause serious harm to the national security of the 
    United States.
    (c) Nature of Relief.--
        (1) In general.--The relief the President is authorized to 
    provide under this subsection is as follows:
            (A)(i) With respect to a determination relating to an 
        investigation under section 322(a)(1), the denial or imposition 
        of limitations on a request for a new grant of authority by the 
        persons of Mexico that are the subject of the investigation.
            (ii) With respect to a determination relating to an 
        investigation under section 322(a)(1), the revocation of, or 
        restrictions on, grants of authority issued to the persons of 
        Mexico that are the subject of the investigation since the date 
        of the petition, request, or resolution.
            (B) With respect to a determination relating to an 
        investigation under section 322(a)(2) or (3), the revocation or 
        imposition of limitations on an existing grant of authority by 
        the persons of Mexico that are the subject of the 
        investigation.
            (C) With respect to a determination relating to an 
        investigation under section 322(a)(1), (2), or (3), a cap on 
        the number of grants of authority issued to persons of Mexico 
        annually.
        (2) Deadline for relief.--Not later than 15 days after the date 
    on which the President determines the relief to be provided under 
    this subsection, the President shall direct the Secretary of 
    Transportation to carry out the relief.
    (d) Period of Relief.--
        (1) In general.--Subject to paragraph (2), any relief that the 
    President provides under this section may not be in effect for more 
    than 2 years.
        (2) Extension.--
            (A) In general.--Subject to subparagraph (C), the 
        President, after receiving a determination from the Commission 
        under subparagraph (B) that is affirmative, or which contains a 
        determination that the President may treat as affirmative in 
        accordance with section 330(d)(1) of the Tariff Act of 1930 (19 
        U.S.C. 1330(d)(1)(1)), may extend the effective period of 
        relief provided under this section by up to an additional 4 
        years, if the President determines that the provision of the 
        relief continues to be necessary to remedy or prevent material 
        harm.
            (B) Action by commission.--
                (i) Investigation.--Upon request of the President, or 
            upon the filing by an interested party described in 
            subparagraph (A), (B), or (C) of section 321(8) which is 
            representative of a United States long-haul trucking 
            services industry that is filed with the Commission not 
            earlier than the date that is 270 days, and not later than 
            the date that is 240 days, before the date on which any 
            action taken under this section is to terminate, the 
            Commission shall conduct an investigation to determine 
            whether action under this section continues to be necessary 
            to remedy or prevent material harm.
                (ii) Notice and hearing.--The Commission shall--

                    (I) publish notice of the commencement of an 
                investigation under clause (i) in the Federal Register; 
                and
                    (II) within a reasonable time thereafter, hold a 
                public hearing at which the Commission shall afford 
                interested parties an opportunity to be present, to 
                present evidence, and to respond to the presentations 
                of other parties and consumers, and otherwise be heard.

                (iii) Report.--Not later than the date that is 60 days 
            before relief provided under subsection (a) is to 
            terminate, or such other date as determined by the 
            President, the Commission shall submit to the President a 
            report on its investigation and determination under this 
            subparagraph.
            (C) Period of relief.--Any relief provided under this 
        section, including any extension thereof, may not, in the 
        aggregate, be in effect for more than 6 years.
            (D) Limitation.--
                (i) In general.--Except as provided in clause (ii), the 
            Commission may not conduct an investigation under 
            subparagraph (B)(i) if--

                    (I) the subject matter of the investigation is the 
                same as the subject matter of a previous investigation 
                conducted under subparagraph (B)(i); and
                    (II) less than 1 year has elapsed since the 
                Commission made its report to the President of the 
                results of such previous investigation.

                (ii) Exception.--Clause (i) shall not apply with 
            respect to an investigation if the Commission determines 
            good cause exists to conduct the investigation.
    (e) Regulations.--The Commission and the Secretary of 
Transportation are authorized to promulgate such rules and regulations 
as may be necessary to carry out this subtitle.
    SEC. 325. CONFIDENTIAL BUSINESS INFORMATION.
    Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) 
is amended in the first sentence by striking ``and title III of the 
United States-Panama Trade Promotion Agreement Implementation Act'' and 
inserting ``, title III of the United States-Panama Trade Promotion 
Agreement Implementation Act, and subtitle C of title III of the United 
States-Mexico-Canada Agreement Implementation Act''.
    SEC. 326. CONFORMING AMENDMENTS.
    (a) Registration of Motor Carriers.--Section 13902 of title 49, 
United States Code, is amended by inserting at the end the following:
    ``(j) Mexico-Domiciled Motor Carriers.--Notwithstanding any other 
provision of this section, upon an order in accordance with section 
324(a) of the United States-Mexico-Canada Agreement Implementation Act, 
the Secretary shall carry out the relief specified by denying or 
imposing limitations on a request for registration or capping the 
number of requests for registration by Mexico-domiciled motor carriers 
of cargo to operate beyond the municipalities along the United States-
Mexico international border and the commercial zones of those 
municipalities as directed.''.
    (b) Effective Periods of Registration.--Section 13905 of title 49, 
United States Code, is amended by inserting at the end the following:
    ``(g) Mexico-Domiciled Motor Carriers.--Notwithstanding any other 
provision of this section, upon an order in accordance with section 
324(a) of the United States-Mexico-Canada Agreement Implementation Act, 
the Secretary shall carry out the relief specified by revoking or 
imposing limitations on existing registrations of Mexico-domiciled 
motor carriers of cargo to operate beyond the municipalities along the 
United States-Mexico international border and the commercial zones of 
those municipalities as directed.''.
    SEC. 327. SURVEY OF OPERATING AUTHORITIES.
    The Department of Transportation shall undertake a survey of all 
existing grants of operating authority to, and pending applications for 
operating authority from, all Mexico-domiciled motor property carriers 
for operating beyond the Border Commercial Zones, including OP-1 (MX) 
operating authority (Mexico-domiciled Carriers for Motor Carrier 
Authority to Operate Beyond U.S. Municipalities and Commercial Zones on 
the U.S.-Mexico Border) and OP-1 operating authority (United States-
based Enterprise Carrier of International Cargo Application for Motor 
Property Carrier and Broker Authority). The Department of 
Transportation shall prepare a report summarizing the results of such 
survey not less than 180 days after the date on which the USMCA enters 
into force, which it shall deliver to the Office of the United States 
Trade Representative, the Commission, and the Chairs and Ranking 
Members of the Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Ways and Means of the 
House of Representatives, and the Committee on Finance of the Senate.

            TITLE IV--ANTIDUMPING AND COUNTERVAILING DUTIES
                  Subtitle A--Preventing Duty Evasion

    SEC. 401. COOPERATION ON DUTY EVASION.
    Section 414(b) of the Enforce and Protect Act of 2015 (19 U.S.C. 
4374(b)) is amended--
        (1) by inserting ``or a party to the USMCA (as defined in 
    section 3 of the United States-Mexico-Canada Agreement 
    Implementation Act)'' after ``subsection (a)''; and
        (2) by inserting ``or the USMCA, as the case may be,'' after 
    ``the bilateral agreement''.

               Subtitle B--Dispute Settlement [reserved]
                   Subtitle C--Conforming Amendments

    SEC. 421. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING 
      DUTY CASES.
    Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is 
amended--
        (1) in subsection (a)--
            (A) in paragraph (2)(B)(vii), by striking ``the Tariff Act 
        of 1930'' and inserting ``this Act''; and
            (B) in paragraph (5)(D)(i), by striking ``article 1904 of 
        the NAFTA'' and inserting ``article 10.12 of the USMCA'';
        (2) in subsection (b)(3)--
            (A) in the paragraph heading, by striking ``nafta or united 
        states-canada'' and inserting ``united states-canada or 
        usmca''; and
            (B) in the text, by striking ``of the NAFTA or of the 
        Agreement'' and inserting ``of the Agreement or article 10.12 
        of the USMCA'';
        (3) in subsection (f)--
            (A) in paragraph (6)(A), by striking ``article 1908 of the 
        NAFTA'' and inserting ``article 10.16 of the USMCA'';
            (B) in paragraph (7)(A), by striking ``article 1908 of the 
        NAFTA'' and inserting ``article 10.16 of the USMCA'';
            (C) by striking paragraph (8);
            (D) by redesignating paragraphs (9) and (10) as paragraphs 
        (8) and (9), respectively;
            (E) in paragraph (9), as redesignated by subparagraph (D), 
        by striking subparagraphs (A) and (B) and inserting the 
        following:
            ``(A) Canada for such time as the USMCA is in force with 
        respect to, and the United States applies the USMCA to, Canada.
            ``(B) Mexico for such time as the USMCA is in force with 
        respect to, and the United States applies the USMCA to, 
        Mexico.''; and
            (F) by adding at the end the following:
        ``(10) USMCA.--The term `USMCA' has the meaning given that term 
    in section 3 of the United States-Mexico-Canada Agreement 
    Implementation Act.'';
        (4) in subsection (g)--
            (A) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``of the NAFTA or of the Agreement'' and 
        inserting ``of the Agreement or article 10.12 of the USMCA'';
            (B) in paragraph (3)(A)--
                (i) in clause (i), by striking ``of the NAFTA or of the 
            Agreement.'' and inserting ``of the Agreement or article 
            10.12 of the USMCA;'';
                (ii) in clause (iii), by striking ``the NAFTA or of the 
            Agreement'' and inserting ``the Agreement or the USMCA'';
                (iii) in clause (v), by striking ``paragraph 12 of 
            article 1905 of the NAFTA'' and inserting ``article 10.13 
            of the USMCA''; and
                (iv) in clause (vi), by striking ``paragraph 12 of 
            article 1905 of the NAFTA'' and inserting ``article 10.13 
            of the USMCA'';
            (C) in paragraph (4)(A), by striking ``the North American 
        Free Trade Agreement'' and all that follows through ``chapter 
        19 of the Agreement'' and inserting ``the United States-Canada 
        Free-Trade Agreement Implementation Act of 1988 implementing 
        the binational panel dispute settlement system under chapter 19 
        of the Agreement, or the United States-Mexico-Canada Agreement 
        Implementation Act implementing the binational panel dispute 
        settlement system under chapter 10 of the USMCA'';
            (D) in paragraph (5)--
                (i) in subparagraph (A), by striking ``of the NAFTA or 
            of the Agreement'' and inserting ``of the Agreement or 
            article 10.12 of the USMCA'';
                (ii) in subparagraph (B), by striking ``of the NAFTA or 
            of the Agreement'' and inserting ``of the Agreement or 
            article 10.12 of the USMCA''; and
                (iii) in subparagraph (C)--

                    (I) in clause (i), by striking ``of the NAFTA or of 
                the Agreement'' and inserting ``of the Agreement or 
                article 10.12 of the USMCA''; and
                    (II) in clause (iii), by striking ``of the NAFTA or 
                of the Agreement'' and inserting ``of the Agreement or 
                chapter 10 of the USMCA'';

            (E) in paragraph (6), by striking ``of the NAFTA or of the 
        Agreement'' and inserting ``of the Agreement or article 10.12 
        of the USMCA'';
            (F) in paragraph (7)--
                (i) in the paragraph heading, by striking ``of the 
            nafta or the agreement'' and inserting ``of the agreement 
            or article 10.12 of the usmca''; and
                (ii) in subparagraph (A), by striking ``the NAFTA or 
            the Agreement'' and inserting ``article 1904 of the 
            Agreement or article 10.12 of the USMCA'';
            (G) in paragraph (8)--
                (i) in subparagraph (A)--

                    (I) in clause (i), by striking ``of the NAFTA or of 
                the Agreement'' and inserting ``of the Agreement or 
                article 10.12 of the USMCA''; and
                    (II) in clause (ii)--

                        (aa) in the clause heading, by striking 
                    ``nafta'' and inserting ``usmca''; and
                        (bb) in the text, by striking ``paragraph 11(a) 
                    of article 1905 of the NAFTA'' and inserting 
                    ``article 10.13 of the USMCA''; and
                (ii) in subparagraph (C), by striking ``of the NAFTA or 
            the Agreement'' and inserting ``of the Agreement or article 
            10.12 of the USMCA'';
            (H) in paragraph (9), by striking ``of the NAFTA or of the 
        Agreement'' and inserting ``of the Agreement or chapter 10 of 
        the USMCA'';
            (I) in paragraph (10), by striking ``the NAFTA or the 
        Agreement'' and inserting ``the Agreement or under article 
        10.12 of the USMCA'';
            (J) by striking paragraph (11) and inserting the following:
        ``(11) Suspension and termination of suspension of article 
    10.12 of the usmca.--
            ``(A) Suspension.--If a special committee established under 
        article 10.13 of the USMCA issues an affirmative finding, the 
        Trade Representative may, in accordance with article 10.13 of 
        the USMCA, suspend the operation of article 10.12 of the USMCA.
            ``(B) Termination of suspension.--If a special committee is 
        reconvened and makes an affirmative determination described in 
        article 10.13 of the USMCA, any suspension of the operation of 
        article 10.12 of the USMCA shall terminate.''; and
            (K) in paragraph (12)--
                (i) in the paragraph heading, by striking ``nafta'' and 
            inserting ``usmca'';
                (ii) by striking subparagraph (A) and inserting the 
            following:
            ``(A) Notice of suspension or termination of suspension of 
        article 10.12 of the usmca.--
                ``(i) Notice of suspension.--Upon notification by the 
            Trade Representative or the government of a country 
            described in subparagraph (A) or (B) of subsection (f)(9) 
            that the operation of article 10.12 of the USMCA has been 
            suspended in accordance with article 10.13 of the USMCA, 
            the United States Secretary shall publish in the Federal 
            Register a notice of suspension of article 10.12 of the 
            USMCA.
                ``(ii) Notice of termination of suspension.--Upon 
            notification by the Trade Representative or the government 
            of a country described in subparagraph (A) or (B) of 
            subsection (f)(9) that the suspension of the operation of 
            article 10.12 of the USMCA is terminated in accordance with 
            article 10.13 of the USMCA, the United States Secretary 
            shall publish in the Federal Register a notice of 
            termination of suspension of article 10.12 of the USMCA.'';
                (iii) in subparagraph (B)--

                    (I) in the subparagraph heading, by striking 
                ``article 1904'' and inserting ``article 10.12 of the 
                usmca''; and
                    (II) in the matter preceding clause (i), by 
                striking ``If'' and all that follows through ``NAFTA--
                '' and inserting the following: ``If the operation of 
                article 10.12 of the USMCA is suspended in accordance 
                with article 10.13 of the USMCA--'';

                (iv) in subparagraph (C)--

                    (I) in clause (i)--

                        (aa) in the matter preceding subclause (I), by 
                    striking ``if the United States'' and all that 
                    follows through ``NAFTA--'' and inserting the 
                    following: ``if the United States made an 
                    allegation under article 10.13 of the USMCA and the 
                    operation of article 10.12 of the USMCA was 
                    suspended pursuant to article 10.13 of the USMCA--
                    ''; and
                        (bb) in subclause (I), by striking ``subsection 
                    (f)(10)(A) or (B)'' and inserting ``subparagraph 
                    (A) or (B) of subsection (f)(9)''; and

                    (II) in clause (ii), in the matter preceding 
                subclause (I), by striking ``if a country'' and all 
                that follows through ``NAFTA--'' and inserting the 
                following: ``if a country described in subparagraph (A) 
                or (B) of subsection (f)(9) made an allegation under 
                article 10.13 of the USMCA and the operation of article 
                10.12 of the USMCA was suspended pursuant to article 
                10.13 of the USMCA--''; and

                (v) in subparagraph (D)(i), by striking ``a country 
            described'' and all that follows through ``NAFTA'' and 
            inserting ``a country described in subparagraph (A) or (B) 
            of subsection (f)(9) pursuant to article 10.13 of the 
            USMCA''.
    SEC. 422. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF THE TARIFF 
      ACT OF 1930.
    (a) Disclosure of Proprietary Information Under Protective 
Orders.--Section 777(f) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)) 
is amended--
        (1) in the subsection heading, by striking ``North American 
    Free Trade Agreement or the United States-Canada Agreement'' and 
    inserting ``the United States-Canada Agreement or the USMCA'';
        (2) in paragraph (1)--
            (A) in subparagraph (A), by striking ``article 1904 of the 
        NAFTA'' and all that follows through ``, the administering 
        authority'' and inserting ``article 1904 of the United States-
        Canada Agreement or article 10.12 of the USMCA, or an 
        extraordinary challenge committee is convened under Annex 
        1904.13 of the United States-Canada Agreement or chapter 10 of 
        the USMCA, the administering authority''; and
            (B) in subparagraph (B), by striking ``chapter 19 of the 
        NAFTA or the Agreement'' each place it appears and inserting 
        ``chapter 19 of the Agreement or chapter 10 of the USMCA'';
        (3) in paragraph (3), by striking ``the NAFTA or the United 
    States-Canada Agreement'' and inserting ``article 1904 of the 
    United States-Canada Agreement or article 10.12 of the USMCA'';
        (4) in paragraph (4), by striking ``section 402(b) of the North 
    American Free Trade Agreement Implementation Act'' and inserting 
    ``section 412(b) of the United States-Mexico-Canada Agreement 
    Implementation Act''; and
        (5) by striking ``section 516A(f)(10)'' each place it appears 
    and inserting ``section 516A(f)(9)''.
    (b) Definition.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677) is amended by striking paragraph (22) and inserting the 
following:
        ``(22) USMCA.--The term `USMCA' has the meaning given that term 
    in section 3 of the United States-Mexico-Canada Agreement 
    Implementation Act.''.
    SEC. 423. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE.
    (a) Court of International Trade.--Chapter 95 of title 28, United 
States Code, is amended--
        (1) in section 1581(i)--
            (A) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively;
            (B) by inserting ``(1)'' after ``(i)'';
            (C) in subparagraph (D), as redesignated by subparagraph 
        (A), by striking ``paragraphs (1)-(3) of this subsection'' and 
        inserting ``subparagraphs (A) through (C) of this paragraph''; 
        and
            (D) by striking the flush text and inserting the following:
    ``(2) This subsection shall not confer jurisdiction over an 
antidumping or countervailing duty determination which is reviewable 
by--
        ``(A) the Court of International Trade under section 516A(a) of 
    the Tariff Act of 1930 (19 U.S.C. 1516a(a)); or
        ``(B) a binational panel under section 516A(g) of the Tariff 
    Act of 1930 (19 U.S.C. 1516a(g)).'';
        (2) in section 1584, by striking the section heading and 
    inserting the following:
``Sec. 1584. Civil actions under the United States-Canada Free-Trade 
    Agreement or the USMCA'';
    and
        (3) in the table of sections at the beginning of the chapter, 
    by striking the item relating to section 1584 and inserting the 
    following:

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

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

                     Subtitle D--General Provisions

    SEC. 431. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS.
    (a) In General.--Except as provided in subsection (b), on the date 
on which a country ceases to be a USMCA country, the provisions of this 
title (other than this section) and the amendments made by this title 
shall cease to have effect with respect to that country.
    (b) Transition Provisions.--
        (1) Proceedings regarding protective orders and undertakings.--
    If on the date on which a country ceases to be a USMCA country an 
    investigation or enforcement proceeding concerning the violation of 
    a protective order issued under section 777(f) of the Tariff Act of 
    1930 (as amended by this title) or an undertaking of the government 
    of that country is pending, the investigation or proceeding shall 
    continue, and sanctions may continue to be imposed, in accordance 
    with the provisions of such section 777(f) (as so amended).
        (2) Binational panel and extraordinary challenge committee 
    reviews.--If on the date on which a country ceases to be a USMCA 
    country--
            (A) a binational panel review under article 10.12 of the 
        USMCA is pending, or has been requested, or
            (B) an extraordinary challenge committee review under that 
        article is pending, or has been requested,
    with respect to a determination which involves a class or kind of 
    merchandise and to which subsection (g)(2) of section 516A of the 
    Tariff Act of 1930 (19 U.S.C. 1516a) applies, such determination 
    shall be reviewable under subsection (a) of that section. In the 
    case of a determination to which the provisions of this paragraph 
    apply, the time limits for commencing an action under 516A(a) of 
    the Tariff Act of 1930 shall not begin to run until the date on 
    which the USMCA ceases to be in force with respect to that country.
    SEC. 432. EFFECTIVE DATE.
    The provisions of this title and the amendments made by this title 
shall take effect on the date on which the USMCA enters into force, but 
shall not apply--
        (1) to any final determination described in paragraph (1)(B) or 
    clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) 
    of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is 
    published in the Federal Register before such date, or to a 
    determination described in paragraph (2)(B)(vi) of that section 
    notice of which is received by the Government of Canada or Mexico 
    before such date; or
        (2) to any binational panel review under NAFTA, or any 
    extraordinary challenge arising out of any such review, that was 
    commenced before such date.

           TITLE V--TRANSFER PROVISIONS AND OTHER AMENDMENTS

    SEC. 501. DRAWBACK.
    (a) Clerical Amendment.--Section 208 of this Act is amended in the 
section heading by striking ``[reserved]''.
    (b) USMCA Drawback.--Subsection (a) of section 203 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3333) is--
        (1) transferred to section 208 of this Act;
        (2) inserted after the section heading for that section (as 
    amended by subsection (a)); and
        (3) amended--
            (A) by striking ``NAFTA country'' each place it appears and 
        inserting ``USMCA country'';
            (B) in the subsection heading, by striking ``NAFTA'' and 
        inserting ``USMCA'';
            (C) in the matter preceding paragraph (1)--
                (i) by striking ``and the amendments made by subsection 
            (b)''; and
                (ii) by striking ``NAFTA drawback'' and inserting 
            ``USMCA drawback'';
            (D) in paragraph (2)--
                (i) in subparagraph (A), by inserting ``sorting, 
            marking,'' after ``repacking,''; and
                (ii) in subparagraph (B), by striking ``paragraph 12 of 
            section A of Annex 703.2 of the Agreement'' and inserting 
            ``paragraph 11 of Annex 3-B of the USMCA''; and
            (E) by amending paragraph (6) to read as follows:
        ``(6) A good provided for in subheading 1701.13.20 or 
    1701.14.20 of the HTS that is imported under any re-export program 
    or any like program and that is--
            ``(A) used as a material, or
            ``(B) substituted for by a good of the same kind and 
        quality that is used as a material,
    in the production of a good provided for in existing Canadian 
    tariff item 1701.99.00 or existing Mexican tariff item 1701.99.01, 
    1701.99.02, or 1701.99.99 (relating to refined sugar).''.
    (c) Same Kind and Quality.--Section 208 of this Act, as amended by 
subsection (b), is further amended by adding at the end the following:
    ``(b) Same Kind and Quality.--For purposes of paragraphs 
(3)(A)(iii), (5)(C), (6)(B), and (8) of subsection (a), and for 
purposes of obtaining refunds, waivers, or reductions of customs duties 
with respect to a good subject to USMCA drawback under section 
313(n)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(n)(2)), a good is a 
good of the same kind and quality as another good--
        ``(1) for a good described in such paragraph (6)(B), if the 
    good would have been considered of the same kind and quality as the 
    other good on the day before the date on which the USMCA enters 
    into force; or
        ``(2) for other goods if--
            ``(A) the good is classified under the same 8-digit HTS 
        subheading number as the other good; or
            ``(B) drawback would be allowed with respect to the goods 
        under subsection (b)(4), (j)(1), or (p) of section 313 of the 
        Tariff Act of 1930 (19 U.S.C. 1313).''.
    (d) Certain Fees; Inapplicability to Countervailing and Antidumping 
Duties.--Subsections (d) and (e) of section 203 of the North American 
Free Trade Agreement Implementation Act (19 U.S.C. 3333) are--
        (1) transferred to section 208 of this Act;
        (2) inserted after subsection (b) of section 208 (as added by 
    subsection (c));
        (3) redesignated as subsections (c) and (d), respectively; and
        (4) amended, in subsection (c) (as redesignated by paragraph 
    (3)), by striking ``exported to'' and all that follows through the 
    period at the end and inserting ``exported to a USMCA country.''.
    (e) Conforming Amendments.--
        (1) Bonded manufacturing warehouses.--Section 311 of the Tariff 
    Act of 1930 (19 U.S.C. 1311) is amended, in the eleventh 
    paragraph--
            (A) by striking ``NAFTA'' each place it appears;
            (B) by striking ``section 203(a) of the North American Free 
        Trade Agreement Implementation Act'' and inserting ``section 
        208(a) of the United States-Mexico-Canada Agreement 
        Implementation Act''; and
            (C) by striking ``section 2(4) of that Act'' and inserting 
        ``section 3 of that Act''.
        (2) Bonded smelting and refining warehouses.--Section 312 of 
    the Tariff Act of 1930 (19 U.S.C. 1312) is amended, in subsections 
    (b) and (d)--
            (A) by striking ``NAFTA'' each place it appears and 
        inserting ``USMCA'';
            (B) by striking ``section 2(4) of the North American Free 
        Trade Agreement Implementation Act'' each place it appears and 
        inserting ``section 3 of the United States-Mexico-Canada 
        Agreement Implementation Act''; and
            (C) by striking ``section 203(a) of that Act'' each place 
        it appears and inserting ``section 208(a) of that Act''.
        (3) Drawback and refunds.--Section 313 of the Tariff Act of 
    1930 (19 U.S.C. 1313) is amended--
            (A) in subsection (j)(4), by striking subparagraph (A) and 
        inserting the following:
        ``(A)(i) Effective upon the entry into force of the USMCA, the 
    exportation to a USMCA country of merchandise that is fungible with 
    and substituted for imported merchandise, other than merchandise 
    described in paragraphs (1) through (8) of section 208(a) of the 
    United States-Mexico-Canada Agreement Implementation Act, shall not 
    constitute an exportation for purposes of paragraph (2).
        ``(ii) In this subparagraph, the terms `USMCA' and `USMCA 
    country' have the meanings given those terms in section 3 of the 
    United States-Mexico-Canada Agreement Implementation Act.'';
            (B) in subsection (n)--
                (i) in paragraph (1), by striking subparagraphs (A) and 
            (B) and inserting the following:
        ``(A) the term `USMCA country' has the meaning given that term 
    in section 3 of the United States-Mexico-Canada Agreement 
    Implementation Act;
        ``(B) the term `good subject to USMCA drawback' has the meaning 
    given that term in section 208(a) of the United States-Mexico-
    Canada Agreement Implementation Act;''; and
                (ii) in paragraphs (2) and (3), by striking ``NAFTA'' 
            each place it appears and inserting ``USMCA''; and
            (C) in subsection (o), by striking ``NAFTA'' each place it 
        appears and inserting ``USMCA''.
        (4) Manipulation in warehouse.--Section 562 of the Tariff Act 
    of 1930 (19 U.S.C. 1562) is amended--
            (A) by striking paragraph (1) and inserting the following:
        ``(1) without payment of duties for exportation to a USMCA 
    country, as defined in section 3 of the United States-Mexico-Canada 
    Agreement Implementation Act, if the merchandise is of a kind 
    described in any of paragraphs (1) through (8) of section 208(a) of 
    that Act;'';
            (B) in paragraph (2)--
                (i) by striking ``section 203(a) of that Act'' and 
            inserting ``section 208(a) of that Act''; and
                (ii) by striking ``NAFTA'' each place it appears and 
            inserting ``USMCA''; and
            (C) in paragraphs (3) and (4), by striking ``NAFTA'' each 
        place it appears and inserting ``USMCA''.
        (5) Foreign trade zones.--Section 3(a)(2) of the Act of June 
    18, 1934 (commonly known as the ``Foreign Trade Zones Act'') (19 
    U.S.C. 81c(a)(2)) is amended, in the flush text--
            (A) by striking ``goods subject to NAFTA drawback, as 
        defined in section 203(a) of the North American Free Trade 
        Agreement Implementation Act'' and inserting ``goods subject to 
        USMCA drawback, as defined in section 208(a) of the United 
        States-Mexico-Canada Agreement Implementation Act'';
            (B) by striking ``a NAFTA country, as defined in section 
        2(4) of that Act'' and inserting ``a USMCA country, as defined 
        in section 3 of that Act''; and
            (C) by striking ``NAFTA'' each place it appears and 
        inserting ``USMCA''.
    (f) Additional Clerical Amendment.--The table of contents for this 
Act is amended by striking the item relating to section 208 and 
inserting the following:

``Sec. 208. Drawback.''.

    (g) Effective Date.--
        (1) In general.--Each transfer, redesignation, and amendment 
    made by subsections (b) through (e) shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a good entered, or withdrawn from 
        warehouse for consumption, on or after that date.
        (2) Transition from nafta treatment.--In the case of a good 
    entered, or withdrawn from warehouse for consumption, before the 
    date on which the USMCA enters into force--
            (A) the amendments made by subsections (b) through (e) 
        shall not apply with respect to the good; and
            (B) the provisions of law amended by such subsections, as 
        such provisions were in effect on the day before that date, 
        shall continue to apply on and after that date with respect to 
        the good.
    SEC. 502. RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION.
    (a) Clerical Amendment.--Subtitle A of title III of this Act is 
amended in the subtitle heading by striking ``[reserved]''.
    (b) Article Impact in Import Relief Cases.--Section 311 of the 
North American Free Trade Agreement Implementation Act (19 U.S.C. 3371) 
is--
        (1) transferred to subtitle A of title III of this Act;
        (2) inserted after the heading (as amended by subsection (a)) 
    of such subtitle;
        (3) redesignated as section 301; and
        (4) amended--
            (A) in the section heading, by striking ``nafta'' and 
        inserting ``usmca'';
            (B) in subsection (c), by striking ``section 312(a)'' and 
        inserting ``section 302(a)''; and
            (C) by striking ``NAFTA'' each place it appears and 
        inserting ``USMCA''.
    (c) Presidential Action Regarding Imports.--Section 312 of the 
North American Free Trade Agreement Implementation Act (19 U.S.C. 3372) 
is--
        (1) transferred to subtitle A of title III of this Act;
        (2) inserted after section 301 (as inserted and redesignated by 
    subsection (b));
        (3) redesignated as section 302; and
        (4) amended--
            (A) in the section heading, by striking ``nafta'' and 
        inserting ``usmca'';
            (B) in subsection (b), in the subsection heading, by 
        striking ``NAFTA'' and inserting ``USMCA'';
            (C) in subsection (c), in the subsection heading, by 
        striking ``NAFTA'' and inserting ``USMCA''; and
            (D) by striking ``NAFTA'' each place it appears and 
        inserting ``USMCA''.
    (d) Additional Clerical Amendments.--The table of contents for this 
Act is amended by striking the item relating to subtitle A of title III 
and inserting the following:

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

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

    (e) Effective Date.--
        (1) In general.--Each transfer, redesignation, and amendment 
    made by this section shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to an investigation under chapter 1 
        of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) 
        initiated on or after that date.
        (2) Transition from nafta.--In the case of an investigation 
    under chapter 1 of title II of the Trade Act of 1974 initiated 
    before the date on which the USMCA enters into force--
            (A) the transfers, redesignations, and amendments made by 
        this section shall not apply with respect to the investigation; 
        and
            (B) sections 311 and 312 of the North American Free Trade 
        Agreement Implementation Act (19 U.S.C. 3371 and 3372), as in 
        effect on the day before that date, shall continue to apply on 
        and after that date with respect to the investigation.
    SEC. 503. TEMPORARY ENTRY.
    (a) Clerical Amendment.--Subtitle B of title III of this Act is 
amended in the subtitle heading by striking ``[reserved]''.
    (b) Nonimmigrant Traders and Investors.--Section 341 of the North 
American Free Trade Agreement Implementation Act (Public Law 103-182; 
107 Stat. 2116) is--
        (1) transferred to subtitle B of title III of this Act;
        (2) inserted after the heading (as amended by subsection (a)) 
    of such subtitle;
        (3) redesignated as section 311; and
        (4) amended--
            (A) by striking subsections (b) and (c);
            (B) by striking ``(a)'' and all that follows through 
        ``Upon'' and inserting ``Upon'';
            (C) by striking ``the Agreement'' each place it appears and 
        inserting ``the USMCA'';
            (D) by striking ``Annex 1603'' and inserting ``Annex 16-
        A''; and
            (E) by striking ``Annex 1608'' and inserting ``article 
        16.1''.
    (c) Nonimmigrant Professionals.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184) is amended--
        (1) in subsection (e)--
            (A) by striking paragraphs (1), (3), (4), and (5);
            (B) by redesignating paragraphs (2) and (6) as paragraphs 
        (1) and (2), respectively; and
            (C) in paragraph (1), as redesignated by subparagraph (B)--
                (i) by striking ``Annex 1603 of the North American Free 
            Trade Agreement (in this subsection referred to as 
            `NAFTA')'' and inserting ``Annex 16-A of the USMCA (as 
            defined in section 3 of the United States-Mexico-Canada 
            Agreement Implementation Act)''; and
                (ii) by striking the third and fourth sentences and 
            inserting the following: ``For purposes of this paragraph, 
            the term `citizen of Mexico' means `citizen' as defined in 
            article 16.1 of the USMCA.''; and
        (2) in subsection (j)(1)--
            (A) in the first sentence, by striking ``Annex 1603 of the 
        North American Free Trade Agreement'' and inserting ``Annex 16-
        A of the USMCA (as defined in section 3 of the United States-
        Mexico-Canada Agreement Implementation Act)'';
            (B) in the second sentence, by striking ``article 1603 of 
        such Agreement'' and inserting ``article 16.4 of the USMCA''; 
        and
            (C) in the third sentence, by striking ``Annex 1608 of such 
        Agreement'' and inserting ``article 16.1 of the USMCA''.
    (d) Conforming Amendments.--
        (1) Integrated entry and exit data system.--Section 
    110(c)(1)(B) of the Illegal Immigration Reform and Immigrant 
    Responsibility Act of 1996 (8 U.S.C. 1365a(c)(1)(B)) is amended by 
    striking ``North American Free Trade Agreement'' and inserting 
    ``USMCA (as defined in section 3 of the United States-Mexico-Canada 
    Agreement Implementation Act)''.
        (2) Enhanced border security and visa entry reform act of 
    2002.--Section 604 of the Enhanced Border Security and Visa Entry 
    Reform Act of 2002 (8 U.S.C. 1773) is amended by striking ``North 
    American Free Trade Agreement'' and inserting ``USMCA (as defined 
    in section 3 of the United States-Mexico-Canada Agreement 
    Implementation Act)''.
    (e) Additional Clerical Amendments.--The table of contents for this 
Act is amended by striking the item relating to subtitle A of title III 
and inserting the following:

            ``Subtitle B--Temporary Entry of Business Persons

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

    (f) Effective Date.--
        (1) In general.--Each transfer, redesignation, and amendment 
    made by this section shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a visa issued on or after that 
        date.
        (2) Transition from nafta.--In the case of a visa issued before 
    the date on which the USMCA enters into force--
            (A) the transfers, redesignations, and amendments made by 
        this section shall not apply with respect to the visa; and
            (B) the provisions of law amended by subsections (b) 
        through (d), as such provisions were in effect on the day 
        before that date, shall continue to apply on and after that 
        date with respect to the visa.
    SEC. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY 
      CASES.
    (a) Clerical Amendment.--Subtitle B of title IV of this Act is 
amended in the subtitle heading by striking ``[reserved]''.
    (b) References in Subtitle.--Section 401 of the North American Free 
Trade Agreement Implementation Act (19 U.S.C. 3431) is--
        (1) transferred to subtitle B of title IV of this Act and 
    inserted after the heading (as amended by subsection (a)) of such 
    subtitle;
        (2) redesignated as section 411; and
        (3) amended by striking ``the Agreement'' and inserting ``the 
    USMCA''.
    (c) Organizational and Administrative Provisions.--Section 402 of 
the North American Free Trade Agreement Implementation Act (19 U.S.C. 
3432) is--
        (1) transferred to subtitle B of title IV of this Act and 
    inserted after section 411 (as inserted and redesignated by 
    subsection (b));
        (2) redesignated as section 412; and
        (3) amended--
            (A) in subsection (a)--
                (i) in paragraph (1)--

                    (I) in subparagraph (D), by striking ``in paragraph 
                1'' and all that follows and inserting ``in paragraph 1 
                of Annex 10-B.1 and paragraph 1 of Annex 10-B.3; and'';
                    (II) in subparagraph (E), by striking ``chapter 
                19'' and inserting ``chapter 10''; and
                    (III) in the matter following subparagraph (E), by 
                striking ``in paragraph 1'' and all that follows 
                through ``Annex 1904.13'' and inserting ``in paragraph 
                1 of Annex 10-B.1 and paragraph 1 of Annex 10-B.3''; 
                and

                (ii) in paragraph (2)--

                    (I) in the paragraph heading, by striking ``under'' 
                and all that follows before the period; and
                    (II) in the text--

                        (aa) by striking ``paragraph 1 of Annex 
                    1901.2'' and inserting ``paragraph 1 of Annex 10-
                    B.1'';
                        (bb) by striking ``chapter 19'' each place it 
                    appears and inserting ``chapter 10''; and
                        (cc) by striking ``article 1905'' and inserting 
                    ``article 10.13'';
            (B) in subsection (b)(1)--
                (i) by striking ``chapter 19'' each place it appears 
            and inserting ``chapter 10''; and
                (ii) by striking ``article 1905'' and inserting 
            ``article 10.13'';
            (C) in subsection (c)--
                (i) in paragraph (1)--

                    (I) by striking ``chapter 19'' each place it 
                appears and inserting ``chapter 10''; and
                    (II) by striking ``article 1905'' and inserting 
                ``article 10.13'';

                (ii) in paragraph (2)(B)--

                    (I) by striking ``chapter 19'' each place it 
                appears and inserting ``chapter 10''; and
                    (II) in clause (i)(II), by striking ``article 
                1905'' and inserting ``article 10.13'';

                (iii) in paragraph (3)--

                    (I) in subparagraph (A)(i), by striking ``Annex 
                1901.2'' and inserting ``Annex 10-B.1'';
                    (II) in subparagraph (A)(ii), by striking ``under 
                Annex 1904.13'' and all that follows and inserting 
                ``under Annex 10-B.3 and special committees under 
                article 10.13.''; and
                    (III) in subparagraph (B)(i), by striking ``chapter 
                19'' and inserting ``chapter 10''; and

                (iv) in paragraph (4)--

                    (I) in subparagraph (A), by striking ``chapter 19'' 
                and inserting ``chapter 10''; and
                    (II) in subparagraph (C)(iv)(III), by striking 
                ``chapter 19'' and inserting ``chapter 10'';

            (D) in subsection (d)--
                (i) in paragraph (1)--

                    (I) in subparagraph (A), by striking ``in paragraph 
                1'' and all that follows and inserting ``in paragraph 1 
                of Annex 10-B.1 and paragraph 1 of Annex 10-B.3; or''; 
                and
                    (II) in subparagraph (B), by striking ``chapter 
                19'' and inserting ``chapter 10'';

                (ii) in paragraph (2)--

                    (I) in subparagraph (A)(i), by striking ``in 
                paragraph 1'' and all that follows through ``during'' 
                and inserting ``in paragraph 1 of Annex 10-B.1 and 
                paragraph 1 of Annex 10-B.3 during'';
                    (II) in subparagraph (A)(ii)--

                        (aa) by striking ``chapter 19'' and inserting 
                    ``chapter 10''; and
                        (bb) by striking ``the Agreement'' and 
                    inserting ``the USMCA'';

                    (III) in subparagraph (A)(iii), by striking 
                ``NAFTA'' and inserting ``USMCA'';
                    (IV) in subparagraph (B)(i), by striking ``in 
                paragraph 1'' and all that follows and inserting ``in 
                paragraph 1 of Annex 10-B.1 and paragraph 1 of Annex 
                10-B.3; or''; and
                    (V) in subparagraph (B)(ii), by striking ``chapter 
                19'' and inserting ``chapter 10''; and

                (iii) in paragraph (3)--

                    (I) in subparagraph (A), by striking ``in paragraph 
                1'' and all that follows through ``during'' and 
                inserting ``in paragraph 1 of Annex 10-B.1 and 
                paragraph 1 of Annex 10-B.3 during''; and
                    (II) in subparagraph (B), by striking ``chapter 
                19'' and inserting ``chapter 10'';

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

                    ``Subtitle B--Dispute Settlement

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

    (k) Effective Date.--
        (1) In general.--Each transfer, redesignation, and amendment 
    made by this section shall take effect on the date on which the 
    USMCA enters into force, but shall not apply--
            (A) to any final determination described in paragraph 
        (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of 
        section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) 
        notice of which is published in the Federal Register before 
        such date, or to a determination described in paragraph 
        (2)(B)(vi) of that section notice of which is received by the 
        Government of Canada or Mexico before such date; and
            (B) to any binational panel review under NAFTA, or any 
        extraordinary challenge arising out of any such review, that 
        was commenced before such date.
        (2) Transition from nafta.--The transfers, redesignations, and 
    amendments made by this section shall not apply, and the provisions 
    of title IV of the North American Free Trade Agreement 
    Implementation Act, as in effect on the day before the date on 
    which the USMCA enters into force, shall continue to apply on and 
    after that date with respect--
            (A) to any final determination described in paragraph 
        (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of 
        section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) 
        notice of which is published in the Federal Register before 
        such date, or to a determination described in paragraph 
        (2)(B)(vi) of that section notice of which is received by the 
        Government of Canada or Mexico before the date on which the 
        USMCA enters into force; and
            (B) to any binational panel review under NAFTA, or any 
        extraordinary challenge arising out of any such review, that 
        was commenced before the date on which the USMCA enters into 
        force.
    SEC. 505. GOVERNMENT PROCUREMENT.
    (a) General Authority To Modify Discriminatory Purchasing 
Requirements.--Section 301 of the Trade Agreements Act of 1979 (19 
U.S.C. 2511) is amended--
        (1) in subsection (b)(1), by striking ``the North American Free 
    Trade Agreement'' and inserting ``the USMCA (as defined in section 
    3 of the United States-Mexico-Canada Agreement Implementation 
    Act)''; and
        (2) in subsection (e)--
            (A) by striking ``Annex 1001.1a-2 of the North American 
        Free Trade Agreement'' and inserting ``Annex 13-A of the USMCA 
        (as defined in section 3 of the United States-Mexico-Canada 
        Agreement Implementation Act)''; and
            (B) by striking ``chapter 10 of such Agreement'' and 
        inserting ``chapter 13 of the USMCA''.
    (b) Definitions.--Section 308(4)(A)(ii) of the Trade Agreements Act 
of 1979 (19 U.S.C. 2518(4)(A)(ii)) is amended--
        (1) by striking ``a party to the North American Free Trade 
    Agreement,'' and inserting ``Mexico, as a party to the USMCA (as 
    defined in section 3 of the United States-Mexico-Canada Agreement 
    Implementation Act),''; and
        (2) by striking ``the North American Free Trade Agreement for'' 
    and inserting ``the USMCA for''.
    (c) Effective Date.--
        (1) In general.--The amendments made by subsections (a) and (b) 
    shall--
            (A) take effect on the date on which the USMCA enters into 
        force; and
            (B) apply with respect to a procurement on or after that 
        date.
        (2) Transition from nafta treatment.--In the case of a 
    procurement before the date on which the USMCA enters into force--
            (A) the amendments made by subsections (a) and (b) to 
        sections 301 and 308 of the Trade Agreements Act of 1979 (19 
        U.S.C. 2511 and 2518) shall not apply with respect to the 
        contract; and
            (B) sections 301 and 308 of such Act, as in effect on the 
        day before that date, shall continue to apply on and after that 
        date with respect to the contract.
    SEC. 506. ACTIONS AFFECTING UNITED STATES CULTURAL INDUSTRIES.
    (a) In General.--Section 182(f) of the Trade Act of 1974 (19 U.S.C. 
2242(f)) is amended--
        (1) in paragraph (1)(C), by striking ``article 2106 of the 
    North American Free Trade Agreement'' and inserting ``article 32.6 
    of the USMCA (as defined in section 3 of the United States-Mexico-
    Canada Agreement Implementation Act)''; and
        (2) in paragraph (2), in the matter preceding subparagraph (A), 
    by striking ``article 2106 of the North American Free Trade 
    Agreement'' and inserting ``article 32.6 of the USMCA''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date on which the USMCA enters into force.
    SEC. 507. REGULATORY TREATMENT OF URANIUM PURCHASES.
    (a) In General.--Section 1017(c) of the Energy Policy Act of 1992 
(42 U.S.C. 2296b-6(c)) is amended by striking ``North American Free 
Trade Agreement'' and inserting ``USMCA (as defined in section 3 of the 
United States-Mexico-Canada Agreement Implementation Act)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date on which the USMCA enters into force.
    SEC. 508. REPORT ON AMENDMENTS TO EXISTING LAW.
    Not later than 180 days after the date of the enactment of this 
Act, the Trade Representative shall submit to the Committee on Finance 
of the Senate and the Committee on Ways and Means of the House of 
Representatives a report setting forth a proposal for technical and 
conforming amendments to the laws under the jurisdiction of such 
committees, and other laws, necessary to fully carry out the provisions 
of, and amendments made by, this Act.

             TITLE VI--TRANSITION TO AND EXTENSION OF USMCA
                  Subtitle A--Transitional Provisions

    SEC. 601. REPEAL OF NORTH AMERICAN FREE TRADE AGREEMENT 
      IMPLEMENTATION ACT.
    The North American Free Trade Agreement Implementation Act (Public 
Law 103-182; 19 U.S.C. 3301 et seq.) is repealed, effective on the date 
on which the USMCA enters into force.
    SEC. 602. CONTINUED SUSPENSION OF THE UNITED STATES-CANADA FREE-
      TRADE AGREEMENT.
    Section 501(c)(3) of the United States-Canada Free-Trade Agreement 
Implementation Act of 1988 (Public Law 100-449; 19 U.S.C. 2112 note) is 
amended--
        (1) in the paragraph heading, by striking ``nafta'' and 
    inserting ``usmca''; and
        (2) in the matter preceding subparagraph (A), by striking 
    ``between them of the North American Free Trade Agreement'' and 
    inserting ``of the USMCA (as defined in section 3 of the United 
    States-Mexico-Canada Agreement Implementation Act)''.

         Subtitle B--Joint Reviews Regarding Extension of USMCA

    SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND MEXICO 
      REGARDING EXTENSION OF THE TERM OF THE USMCA AND OTHER ACTION 
      REGARDING THE USMCA.
    (a) In General.--Pursuant to the requirements of this section, the 
President shall consult with the appropriate congressional committees 
and stakeholders before each joint review, including consultation with 
respect to--
        (1) any recommendation for action to be proposed at the review; 
    and
        (2) the decision whether or not to confirm that the United 
    States wishes to extend the USMCA.
    (b) Consultations With Congress and Stakeholders.--
        (1) Publication and public hearing.--At least 270 days before a 
    joint review commences, the Trade Representative shall publish in 
    the Federal Register a notice regarding the joint review and shall, 
    as soon as possible following such publication, provide opportunity 
    for the presentation of views relating to the operation of the 
    USMCA, including a public hearing.
        (2) Report to congress.--At least 180 days before a 6-year 
    joint review under article 34.7 of the USMCA commences, the Trade 
    Representative shall report to the appropriate congressional 
    committees regarding--
            (A) the assessment of the Trade Representative with respect 
        to the operation of the USMCA;
            (B) the precise recommendation for action to be proposed at 
        the review and the position of the United States with respect 
        to whether to extend the term of the USMCA;
            (C) what, if any, prior efforts have been made to resolve 
        any concern that underlies that recommendation or position; and
            (D) the views of the advisory committees established under 
        section 135 of the Trade Act of 1974 (19 U.S.C. 2155) regarding 
        that recommendation or position.
    (c) Subsequent Action To Address Lack of Agreement on Term 
Extension.--
        (1) In general.--If, as part of a joint review, any USMCA 
    country does not confirm that the country wishes to extend the term 
    of the USMCA under article 34.7.3 of the USMCA, at least 70 days 
    before any subsequent annual joint review meeting conducted as 
    required under article 34.7 of the USMCA, the Trade Representative 
    shall report to the appropriate congressional committees 
    regarding--
            (A) any reason offered by a USMCA country regarding why the 
        country is unable to agree to extend the term of the USMCA;
            (B) the progress that has been made in efforts to achieve 
        resolution of the concerns of that country;
            (C) any proposed action that the Trade Representative 
        intends to raise during the meeting; and
            (D) the views of the advisory committees established under 
        section 135 of the Trade Act of 1974 (19 U.S.C. 2155) regarding 
        the reasons described in subparagraph (A) and any proposed 
        action under subparagraph (C).
        (2) Additional information.--The Trade Representative shall 
    also provide detailed and timely information in response to any 
    questions posed by the appropriate congressional committees with 
    respect to any meeting described in paragraph (1), including by 
    submitting to those committees copies of any proposed text that the 
    Trade Representative plans to submit to the other parties to the 
    meeting.
    (d) Congressional Engagement After Joint Review.--
        (1) In general.--Not later than 20 days after the USMCA 
    countries have met for a joint review, the Trade Representative 
    shall brief the appropriate congressional committees regarding the 
    positions expressed by the countries during the joint review and 
    what, if any, actions were agreed to by the countries.
        (2) Continued engagement.--After a joint review, the Trade 
    Representative shall keep the appropriate congressional committees 
    timely apprised of any developments arising out of or related to 
    the review.
    (e) Definitions.--In this section:
        (1) Joint review.--The term ``joint review'' means a review 
    conducted under the process provided for in article 34.7 of the 
    USMCA relating to extension of the term of the USMCA.
        (2) USMCA country.--The term ``USMCA country'' has the meaning 
    given that term in section 202(a).

                    Subtitle C--Termination of USMCA

    SEC. 621. TERMINATION OF USMCA.
    (a) Termination of USMCA Country Status.--During any period in 
which a country ceases to be a USMCA country, this Act (other than this 
subsection and title IX) and the amendments made by this Act shall 
cease to have effect with respect to that country.
    (b) Termination of USMCA.--On the date on which the USMCA ceases to 
be in force with respect to the United States, this Act and the 
amendments made by this Act (other than this subsection and title IX) 
shall cease to have effect.

              TITLE VII--LABOR MONITORING AND ENFORCEMENT

    SEC. 701. DEFINITIONS.
    In this title:
        (1) Labor attache.--The term ``labor attache'' means an 
    individual hired under subtitle B.
        (2) Labor obligations.--The term ``labor obligations'' means 
    the obligations under chapter 23 of the USMCA (relating to labor).
        (3) Mexico's labor reform.--The term ``Mexico's labor reform'' 
    means the legislation on labor reform enacted by Mexico on May 1, 
    2019.

 Subtitle A--Interagency Labor Committee for Monitoring and Enforcement

    SEC. 711. INTERAGENCY LABOR COMMITTEE FOR MONITORING AND 
      ENFORCEMENT.
    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the President shall establish an Interagency 
Labor Committee for Monitoring and Enforcement (in this title referred 
to as the ``Interagency Labor Committee''), to coordinate United States 
efforts with respect to each USMCA country--
        (1) to monitor the implementation and maintenance of the labor 
    obligations;
        (2) to monitor the implementation and maintenance of Mexico's 
    labor reform; and
        (3) to request enforcement actions with respect to a USMCA 
    country that is not in compliance with such labor obligations.
    (b) Membership.--The Interagency Labor Committee shall--
        (1) be co-chaired by the Trade Representative and the Secretary 
    of Labor; and
        (2) include representatives of such other Federal departments 
    or agencies with relevant expertise as the President determines 
    appropriate.
    (c) Meetings.--The Interagency Labor Committee shall meet at least 
once every 90 days during the 5-year period beginning on the date of 
the enactment of this Act, and at least once every 180 days thereafter 
for 5 years.
    (d) Information Sharing.--Notwithstanding any other provision of 
law, the members of the Interagency Labor Committee may exchange 
information for purposes of carrying out this title.
    SEC. 712. DUTIES.
    The duties of the Interagency Labor Committee shall include the 
following:
        (1) Coordinating the activities of departments and agencies of 
    the Committee in monitoring implementation of and compliance with 
    labor obligations, including by--
            (A) requesting and reviewing relevant information from the 
        governments of USMCA countries and from the public;
            (B) coordinating visits to Mexico as necessary to assess 
        implementation of Mexico's labor reform and compliance with the 
        labor obligations of Mexico;
            (C) receiving and reviewing quarterly assessments from the 
        labor attaches with respect to the implementation of and 
        compliance with Mexico's labor reform; and
            (D) coordinating with the Secretary of Treasury with 
        respect to support relating to labor issues provided to Mexico 
        by the Inter-American Development Bank.
        (2) Establishing an ongoing dialogue with appropriate officials 
    of the Government of Mexico regarding the implementation of 
    Mexico's labor reform and compliance with its labor obligations.
        (3) Coordinating with other institutions and governments with 
    respect to support relating to labor issues, such as the 
    International Labour Organization and the Government of Canada.
        (4) Identifying priority issues for capacity-building 
    activities in Mexico to be funded by the United States, drawing 
    primarily on the expertise of the Department of Labor.
        (5) Meeting, at least biannually during the 5-year period 
    beginning on the date of the enactment of this Act and at least 
    annually for 5 years thereafter, with the Labor Advisory Committee 
    for Trade Negotiations and Trade Policy established under section 
    135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) (or any 
    successor advisory committee) to consult and provide opportunities 
    for input with respect to--
            (A) the implementation of Mexico's labor reform;
            (B) labor capacity-building activities in Mexico funded by 
        the United States;
            (C) labor monitoring efforts;
            (D) labor enforcement priorities; and
            (E) other relevant issues.
        (6) Based on the assessments required by section 714, making 
    recommendations relating to dispute settlement actions to the Trade 
    Representative, in accordance with section 715.
        (7) Based on reports provided by the Forced Labor Enforcement 
    Task Force under section 743, developing recommendations for 
    appropriate enforcement actions by the Trade Representative.
        (8) Reviewing reports submitted by the labor experts appointed 
    in accordance with Annex 31-A of the USMCA, with respect to the 
    functioning of that Annex.
        (9) Reviewing reports submitted by the Independent Mexico Labor 
    Expert Board under section 734.
    SEC. 713. ENFORCEMENT PRIORITIES.
    The Interagency Labor Committee shall--
        (1) review the list of priority sectors under Annex 31-A of the 
    USMCA and suggest to USTR additional sectors for review by the 
    USMCA countries as appropriate;
        (2) establish and annually update a list of priority subsectors 
    within such priority sectors to be the focus of the enforcement 
    efforts of the Committee, the first of which shall consist of--
            (A) auto assembly;
            (B) auto parts;
            (C) aerospace;
            (D) industrial bakeries;
            (E) electronics;
            (F) call centers;
            (G) mining; and
            (H) steel and aluminum; and
        (3) review priority facilities within such priority subsectors 
    for monitoring and enforcement.
    SEC. 714. ASSESSMENTS.
    (a) Ongoing Assessments.--For the 10-year period beginning on the 
date of the enactment of this Act, except as provided in subsection 
(b), the Interagency Labor Committee shall assess on a biannual basis 
the extent to which Mexico is in compliance with its obligations under 
Annex 23-A of the USMCA.
    (b) Consultation Relating to Annual Assessment.--On or after the 
date that is 5 years after the date of the enactment of this Act, the 
Interagency Labor Committee may consult with the appropriate 
congressional committees with respect to the frequency of the 
assessment required under subsection (a) and, with the approval of both 
such committees, may conduct such assessment on an annual basis for the 
following 5 years.
    (c) Matters To Be Included.--The assessment required under 
subsection (a) shall also include each of the following:
        (1) Whether Mexico is providing adequate funding to implement 
    and enforce Mexico's labor reform, including specifically whether 
    Mexico has provided funding consistent with commitments made to 
    contribute the following amounts for the labor reform 
    implementation budget:
            (A) $176,000,000 for 2021.
            (B) $325,000,000 for 2022.
            (C) $328,000,000 for 2023.
        (2) The extent to which any legal challenges to Mexico's labor 
    reform have succeeded in that court system.
        (3) The extent to which Mexico has implemented the federal and 
    state labor courts, registration entity, and federal and state 
    conciliation centers consistent with the timeline set forth for 
    Mexico's labor reform, in the September 2019 policy statements by 
    the Government of Mexico on a national strategy for implementation 
    of the labor justice system, and in subsequent policy statements in 
    accordance with Mexico's labor reform.
    SEC. 715. RECOMMENDATION FOR ENFORCEMENT ACTION.
    (a) Recommendation To Initiate.--If the Interagency Labor Committee 
determines, pursuant to an assessment under section 714, as a result of 
monitoring activities described in section 712(1), or pursuant to a 
report of the Independent Mexico Labor Expert Board that a USMCA 
country has failed to meets its labor obligations, including with 
respect to obligations under Annex 23-A of the USMCA, the Committee 
shall recommend that the Trade Representative initiate enforcement 
actions under--
        (1) article 23.13 or 23.17 of the USMCA (relating to 
    cooperative labor dialogue and labor consultations);
        (2) articles 31.4 and 31.6 of the USMCA (relating to dispute 
    settlement consultations); or
        (3) Annex 31-A of the USMCA (relating to the rapid response 
    labor mechanism).
    (b) Trade Representative Determinations.--Not later than 60 days 
after the date on which the Trade Representative receives a 
recommendation pursuant to subsection (a), the Trade Representative 
shall--
        (1) determine whether to initiate an enforcement action; and
        (2) if such determination is negative, submit to the 
    appropriate congressional committees a report on the reasons for 
    such negative determination.
    SEC. 716. PETITION PROCESS.
    (a) In General.--The Interagency Labor Committee shall establish 
procedures for submissions by the public of information with respect to 
potential failures to implement the labor obligations of a USMCA 
country.
    (b) Facility-Specific Petitions.--With respect to information 
submitted in accordance with the procedures established under 
subsection (a) accompanying a petition relating to a denial of rights 
at a covered facility, as such terms are defined for purposes of Annex 
31-A of the USMCA:
        (1) The Interagency Labor Committee shall review such 
    information within 30 days of submission and shall determine 
    whether there is sufficient, credible evidence of a denial of 
    rights (as so defined) enabling the good-faith invocation of 
    enforcement mechanisms.
        (2) If the Committee reaches a negative determination under 
    paragraph (1), the Committee shall certify such determination to 
    the appropriate congressional committees and the petitioner.
        (3) If the Committee reaches an affirmative determination under 
    paragraph (1), the Trade Representative shall submit a request for 
    review, in accordance with article 31-A.4 of such Annex, with 
    respect to the covered facility and shall inform the petitioner and 
    the appropriate congressional committees of the submission of such 
    request.
        (4) Not later than 60 days after the date of an affirmative 
    determination under paragraph (1), the Trade Representative shall--
            (A) determine whether to request the establishment of a 
        rapid response labor panel in accordance with such Annex; and
            (B) if such determination is negative, certify such 
        determination to the appropriate congressional committees in 
        conjunction with the reasons for such determination and the 
        details of any agreed-upon remediation plan.
    (c) Other Petitions.--With respect to information submitted in 
accordance with the procedures established under subsection (a) 
accompanying a petition relating to any other violation of the labor 
obligations of a USMCA country:
        (1) The Interagency Labor Committee shall review such 
    information not later than 20 days after the date of the submission 
    and shall determine whether the information warrants further 
    review.
        (2) If the Committee reaches an affirmative determination under 
    paragraph (1), such further review shall focus exclusively on 
    determining, not later than 60 days after the date of such 
    submission, whether there is sufficient, credible evidence that the 
    USMCA country is in violation of its labor obligations, for 
    purposes of initiating enforcement action under chapter 23 or 
    chapter 31 of the USMCA.
        (3) If the Committee reaches an affirmative determination under 
    paragraph (2), the Trade Representative shall--
            (A) not later than 60 days after the date of the 
        determination of the Committee, initiate appropriate 
        enforcement action under such chapter 23 or chapter 31; or
            (B) submit to the appropriate congressional committees a 
        notification including the reasons for which action was not 
        initiated within such 60-day period.
    SEC. 717. HOTLINE.
    The Interagency Labor Committee shall establish a web-based 
hotline, monitored by the Department of Labor, to receive confidential 
information regarding labor issues among USMCA countries directly from 
interested parties, including Mexican workers.
    SEC. 718. REPORTS.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter for 10 years 
except as provided in subsection (b), the Interagency Labor Committee 
shall submit to the appropriate congressional committees a report that 
includes--
        (1) a description of Committee staffing and capacity building 
    activities with Mexico;
        (2) information regarding the budget resources for Mexico's 
    labor reform and the deadlines in the September 2019 policy 
    statements by the Government of Mexico on a national strategy for 
    implementation of the labor justice system and in subsequent policy 
    statements in accordance with Mexico's labor reform;
        (3) a summary of petitions filed in accordance with section 716 
    and the use of the rapid response labor mechanism under Annex 31-A 
    of the USMCA;
        (4) the results of the most recent assessment conducted under 
    section 714; and
        (5) if, with respect to any report of the Independent Mexico 
    Labor Expert Board submitted under section 734 that includes a 
    determination described in paragraph (2) of such section, the 
    Interagency Labor Committee does not concur with such 
    determination, an explanation of the reasons for not concurring in 
    such determination and a commitment to provide an oral briefing 
    with respect to such explanation upon request.
    (b) Consultation Relating to Annual Assessment.--On or after the 
date that is 5 years after the date of the enactment of this Act, the 
Trade Representative and the Secretary of Labor may consult with the 
appropriate congressional committees with respect to the frequency of 
the reports required under subsection (a) and, with the approval of 
both such committees, may submit such report on an annual basis for the 
following 5 years.
    (c) Five-Year Assessment.--Not later than the date that is 5 years 
after the date of the establishment of the Interagency Labor Committee 
pursuant to section 711(a), the Committee shall jointly submit to the 
appropriate congressional committees--
        (1) a comprehensive assessment of the implementation of 
    Mexico's labor reform, including with respect to--
            (A) whether Mexico has reviewed and legitimized all 
        existing collective bargaining agreements in Mexico;
            (B) whether Mexico has addressed the pre-existing legal or 
        administrative labor disputes;
            (C) whether Mexico has established the Federal Center for 
        Conciliation and Labor Registration, and an assessment of that 
        Center's operation;
            (D) whether Mexico has established the federal labor 
        courts, and an assessment of their operation; and
            (E) whether Mexico has established the state conciliation 
        centers and labor courts in all states and an assessment of 
        their operation; and
        (2) a strategic plan and recommendations for actions to address 
    areas of concern relating to the implementation of Mexico's labor 
    reform, for purposes of the joint review conducted pursuant to 
    article 34.7 of the USMCA on the sixth anniversary of the entry 
    into force of the USMCA.
    SEC. 719. CONSULTATIONS ON APPOINTMENT AND FUNDING OF RAPID 
      RESPONSE LABOR PANELISTS.
    (a) In General.--The Interagency Labor Committee shall consult with 
the Labor Advisory Committee established under section 135(c)(1) of the 
Trade Act of 1974 (19 U.S.C. 2155(c)(1)) and the Advisory Committee for 
Trade Policy and Negotiations established under section 135(b) of such 
Act (or successor advisory committees) and the appropriate 
congressional committees with respect to the selection and appointment 
of candidates for the rapid response labor panelists described in Annex 
31-A of the USMCA.
    (b) Funding.--The United States, in consultation with Mexico, shall 
provide adequate funding for rapid response labor panelists to carry 
out the responsibilities under the USMCA promptly and fully.

                   Subtitle B--Mexico Labor Attaches

    SEC. 721. ESTABLISHMENT.
    The Secretary of Labor shall--
        (1) hire and fix the compensation of up to 5 additional full-
    time officers or employees of the Department of Labor; and
        (2) detail or assign such officers or employees to the United 
    States Embassy or a United States Consulate in Mexico to carry out 
    the duties described in section 722.
    SEC. 722. DUTIES.
    The duties described in this section are the following:
        (1) Assisting the Interagency Labor Committee to monitor and 
    enforce the labor obligations of Mexico.
        (2) Submitting to the Interagency Labor Committee on a 
    quarterly basis reports on the efforts undertaken by Mexico to 
    comply with its labor obligations.
    SEC. 723. STATUS.
    Any officer or employee, while detailed or assigned under this 
subtitle, shall be considered, for the purpose of preserving their 
allowances, privileges, rights, seniority, and other benefits as such, 
an officer or employee of the United States Government and of the 
agency of the United States Government from which detailed or assigned, 
and shall continue to receive compensation, allowances, and benefits 
from program funds appropriated to that agency or made available to 
that agency for purposes related to the activities of the detail or 
assignment, in accordance with authorities related to their employment 
status and agency policies.

           Subtitle C--Independent Mexico Labor Expert Board

    SEC. 731. ESTABLISHMENT.
    There is hereby established a board, to be known as the 
``Independent Mexico Labor Expert Board'', to be responsible for 
monitoring and evaluating the implementation of Mexico's labor reform 
and compliance with its labor obligations. The Board shall also advise 
the Interagency Labor Committee with respect to capacity-building 
activities needed to support such implementation and compliance.
    SEC. 732. MEMBERSHIP; TERM.
    (a) Membership.--The Board shall be composed of 12 members who 
shall be appointed as follows:
        (1) Four members to be appointed by the Labor Advisory 
    Committee established under section 135(c)(1) of the Trade Act of 
    1974 (19 U.S.C. 2155(c)(1)) (or successor advisory committee).
        (2) Two members appointed by the Speaker of the House of 
    Representatives, in consultation with the Chair of the Committee on 
    Ways and Means of the House of Representatives.
        (3) Two members appointed by the president pro tempore of the 
    Senate from among individuals recommended by the majority leader of 
    the Senate and in consultation with the Chair of the Committee on 
    Finance of the Senate.
        (4) Two members appointed by the minority leader of the House 
    of Representatives, in consultation with the Ranking Member of the 
    Committee on Ways and Means of the House of Representatives.
        (5) Two members appointed by the President pro tempore of the 
    Senate from among individuals recommended by the minority leader of 
    the Senate and in consultation with the Ranking Member of the 
    Committee on Finance of the Senate.
    (b) Term.--Except as provided in subsection (c), members of the 
Board shall serve for a term of 6 years.
    (c) Extension of Term.--If the Board determines, at the end of the 
6-year period beginning on the date of the appointment of the last 
member appointed in accordance with subsection (a), that Mexico is not 
fully in compliance with its labor obligations, a majority of the 
members of the Board may determine to extend its term for 4 additional 
years. A new Board shall be appointed in accordance with subsection (a) 
and shall serve for a single term of 4 years.
    SEC. 733. FUNDING.
    The United States shall provide necessary funding to support the 
work of the Board, including with respect to translation services and 
personnel support.
    SEC. 734. REPORTS.
    For the 6-year period beginning on the date of the enactment of 
this Act, and for an additional 4 years if the term of the Board is 
extended in accordance with section 732(c), the Board shall submit to 
appropriate congressional committees and to the Interagency Labor 
Committee an annual report that--
        (1) contains an assessment of--
            (A) the efforts of Mexico to implement Mexico's labor 
        reform; and
            (B) the manner and extent to which labor laws are generally 
        enforced in Mexico; and
        (2) may include a determination that Mexico is not in 
    compliance with its labor obligations.

                        Subtitle D--Forced Labor

    SEC. 741. FORCED LABOR ENFORCEMENT TASK FORCE.
    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the President shall establish a Forced Labor 
Enforcement Task Force to monitor United States enforcement of the 
prohibition under section 307 of the Tariff Act of 1930 (19 U.S.C. 
1307).
    (b) Members; Meetings.--
        (1) Members.--The Task Force shall be chaired by the Secretary 
    of Homeland Security and shall be comprised of representatives from 
    such other agencies with relevant expertise, including the Office 
    of the United States Trade Representative and the Department of 
    Labor, as the President determines appropriate.
        (2) Meetings.--The Task Force shall meet on a quarterly basis 
    regarding active Withhold and Release Orders, ongoing 
    investigations, petitions received, and enforcement priorities, and 
    other relevant issues with respect to enforcing the prohibition 
    under section 307 of the Tariff Act.
    SEC. 742. TIMELINE REQUIRED.
    (a) In General.--Not later than 90 days after the establishment of 
the Forced Labor Enforcement Task Force pursuant to section 741(a), the 
Task Force shall establish timelines for responding to petitions 
submitted to the Commissioner of U.S. Customs and Border Protection 
alleging that goods are being imported by or with child or forced 
labor.
    (b) Consultation Required.--In establishing the timelines during 
such 90-day period, the Task Force shall consult with the appropriate 
congressional committees.
    (c) Report.--The Task Force shall timely submit to the appropriate 
congressional committees a report that contains the timelines 
established pursuant to subsection (a) and shall make such report 
publicly available.
    SEC. 743. REPORTS REQUIRED.
    The Forced Labor Enforcement Task Force shall submit to appropriate 
congressional committees a biannual report that includes the following:
        (1) The enforcement activities and priorities of the Department 
    of Homeland Security with respect to enforcing the prohibition 
    under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
        (2) The number of instances in which merchandise was denied 
    entry pursuant to such prohibition during the preceding 180-day 
    period.
        (3) A description of the merchandise so denied entry.
        (4) An enforcement plan regarding goods included in the most 
    recent ``Findings on the Worst Forms of Child Labor'' report 
    submitted in accordance with section 504 of the Trade Act of 1974 
    (19 U.S.C. 2464) and ``List of Goods Produced by Child Labor or 
    Forced Labor'' submitted in accordance with section 105(b)(2)(C) of 
    the Trafficking Victims Protection Reauthorization Act of 2005 (22 
    U.S.C. 7112(b)(2)(C)).
        (5) Such other information as the Forced Labor Enforcement Task 
    Force considers appropriate with respect to monitoring and 
    enforcing compliance with section 307 of the Tariff Act of 1930 (19 
    U.S.C. 1307).
    SEC. 744. DUTIES RELATED TO MEXICO.
    The Task Force shall--
        (1) develop, in consultation with the appropriate congressional 
    committees, an enforcement plan regarding goods produced by or with 
    forced labor in Mexico; and
        (2) report to the Interagency Labor Committee with respect to 
    any concerns relating to the enforcement of the prohibition under 
    section 307 of the Tariff Act with respect to Mexico, including any 
    allegations that may be filed with respect to forced labor in 
    Mexico.

      Subtitle E--Enforcement Under Rapid Response Labor Mechanism

    SEC. 751. TRANSMISSION OF REPORTS.
    Each report issued by a rapid response labor panel constituted in 
accordance with Annex 31-A of the USMCA shall be immediately submitted 
to the appropriate congressional committees, the Labor Advisory 
Committee established under section 135(c)(1) of the Trade Act of 1974 
(19 U.S.C. 2155(c)(1)) (or successor advisory committee), and, as 
appropriate, the petitioner submitting information pursuant to section 
716. The Trade Representative shall also make each such report publicly 
available in a timely manner.
    SEC. 752. SUSPENSION OF LIQUIDATION.
    (a) In General.--If the United States files a request pursuant to 
article 31-A.4.2 of Annex 31-A of the USMCA, the Trade Representative 
may direct the Secretary of the Treasury to suspend liquidation for 
unliquidated entries of goods from such covered facility until such 
time as the Trade Representative notifies the Secretary that a 
condition described in subsection (b) has been met.
    (b) Resumption of Liquidation.--The conditions described in this 
subsection are the following:
        (1) The rapid response labor panel has determined that there is 
    no denial of rights at the covered facility within the meaning of 
    such terms under Annex 31-A of the USMCA.
        (2) A course of remediation for denial of rights has been 
    agreed to and has been completed in accordance with the agreed-upon 
    time.
        (3) The denial of rights has been otherwise remedied.
    SEC. 753. FINAL REMEDIES.
    (a) In General.--If a rapid response labor panel constituted in 
accordance with Annex 31-A of the USMCA determines with respect to a 
case that there has been a denial of rights within the meaning of such 
Annex, the Trade Representative may, in consultation with the 
appropriate congressional committees--
        (1) direct the Secretary of the Treasury, until the date of the 
    notification described in subsection (b) and in accordance with 
    Annex 31-A of the USMCA--
            (A) to--
                (i) deny entry to goods, produced wholly or in part, 
            from any covered facility involved in such case; or
                (ii) allow for the release of goods, produced wholly or 
            in part, from such covered facilities only upon payment of 
            duties and any penalty; and
            (B) to apply any duties or penalties to customs entries for 
        which liquidation was suspended pursuant to section 752; and
        (2) apply other remedies that are appropriate and available 
    under Annex 31-A of the USMCA, until the denial of rights with 
    respect to the case has been remedied.
    (b) Remediation Notification.--The Trade Representative shall 
promptly notify the Secretary when the denial of rights with respect to 
a case described in subsection (a) has been remedied.

           TITLE VIII--ENVIRONMENT MONITORING AND ENFORCEMENT

    SEC. 801. DEFINITIONS.
    In this title:
        (1) Environmental law.--The term ``environmental law'' has the 
    meaning given the term in article 24.1 of the USMCA.
        (2) Environmental obligations.--The term ``environmental 
    obligations'' means obligations relating to the environment under--
            (A) chapter 1 of the USMCA (relating to initial provisions 
        and general definitions); and
            (B) chapter 24 of the USMCA (relating to environment).

   Subtitle A--Interagency Environment Committee for Monitoring and 
                              Enforcement

    SEC. 811. ESTABLISHMENT.
    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the President shall establish an Interagency 
Environment Committee for Monitoring and Enforcement (in this title 
referred to as the ``Interagency Environment Committee'')--
        (1) to coordinate United States efforts to monitor and enforce 
    environmental obligations generally; and
        (2) with respect to the USMCA countries--
            (A) to carry out an assessment of their environmental laws 
        and policies;
            (B) to carry out monitoring actions with respect to the 
        implementation and maintenance of their environmental 
        obligations; and
            (C) to request enforcement actions with respect to USMCA 
        countries that are not in compliance with their environmental 
        obligations.
    (b) Membership.--The members of the Interagency Environment 
Committee shall be the following:
        (1) The Trade Representative, who shall serve as chairperson.
        (2) Representatives from each of the following:
            (A) The National Oceanic Atmospheric Administration.
            (B) The U.S. Fish and Wildlife Service.
            (C) The U.S. Forest Service.
            (D) The Environmental Protection Agency.
            (E) The Animal and Plant Health Inspection Service.
            (F) U.S. Customs and Border Protection.
            (G) The Department of State.
            (H) The Department of Justice.
            (I) The Department of the Treasury.
            (J) The United States Agency for International Development.
        (3) Representatives from other Federal agencies, as the 
    President determines to be appropriate.
    (c) Information Sharing.--Notwithstanding any other provision of 
law, the members of the Interagency Environment Committee may exchange 
information for purposes of carrying out this subtitle.
    SEC. 812. ASSESSMENT.
    (a) In General.--The Interagency Environment Committee shall carry 
out an assessment of the environmental laws and policies of the USMCA 
countries--
        (1) to determine if such laws and policies are sufficient to 
    implement their environmental obligations; and
        (2) to identify any gaps between such laws and policies and 
    their environmental obligations.
    (b) Matters To Be Included.--The assessment required by subsection 
(a) shall identify the environmental laws and policies of the USMCA 
countries with respect to which enhanced cooperation, including the 
provision of technical assistance and capacity building assistance, 
monitoring actions, and enforcement actions, if appropriate, should be 
carried out on an enhanced and continuing basis.
    (c) Report.--Not later than 90 days after the date on which the 
Interagency Environment Committee is established, or the date on which 
the USMCA enters into force, whichever occurs earlier, the Interagency 
Environment Committee shall submit a report that contains the 
assessment required by subsection (a) to--
        (1) the appropriate congressional committees; and
        (2) the Trade and Environment Policy Advisory Committee (or 
    successor advisory committee) established under section 135(c)(1) 
    of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)).
    (d) Update.--The Interagency Environment Committee shall--
        (1) update the assessment required by subsection (a) at the 
    appropriate time prior to submission of the report required by 
    section 816(a) that is to be submitted in the fifth year after the 
    USMCA enters into force; and
        (2) submit the updated assessment to the Trade Representative 
    for inclusion in such fifth annual report.
    (e) Consultation.--The Interagency Environment Committee shall 
consult on a regular basis with the USMCA countries--
        (1) in carrying out the assessment required by subsection (a) 
    and the update to the assessment required by subsection (d); and
        (2) in preparing the report required by subsection (c).
    SEC. 813. MONITORING ACTIONS.
    (a) In General.--The Interagency Environment Committee shall carry 
out monitoring actions, which shall include the monitoring actions 
described in subsections (b), (c), and (d), with respect to the 
implementation and maintenance of the environmental obligations of the 
USMCA countries.
    (b) Review of CEC Secretariat Submissions.--
        (1) In general.--Not later than 30 days after the date on which 
    the Secretariat of the Commission for Environmental Cooperation 
    prepares a factual record under article 24.28 of the USMCA relating 
    to a submission filed under article 24.27 of the USMCA with respect 
    to a USMCA country, the Interagency Environment Committee--
            (A) shall review the factual record; and
            (B) may, based on findings of the review under subparagraph 
        (A) that the USMCA country is not in compliance with its 
        environmental obligations, request enforcement actions under 
        section 814 with respect to the USMCA country.
        (2) Written justification.--If the Interagency Environment 
    Committee finds that a USMCA country is not in compliance with its 
    environmental obligations under paragraph (1)(B) and determines not 
    to request enforcement actions under section 814 with respect to 
    the USMCA country, the Committee shall, not later than 30 days 
    after the date on which it makes the determination, provide to the 
    appropriate congressional committees a written explanation and 
    justification of the determination.
    (c) Review of Reports of United States Environment Attaches to 
Mexico.--The Interagency Environment Committee shall--
        (1) review each report submitted to the Committee under section 
    822(b)(2); and
        (2) based on the findings of each such report, assess the 
    efforts of Mexico to comply with its environmental obligations.
    (d) United States Implementation of Environment Cooperation and 
Customs Verification Agreement.--
        (1) Verification of shipments.--The Interagency Environment 
    Committee--
            (A) may request verification of particular shipments of 
        Mexico under the Environment Cooperation and Customs 
        Verification Agreement between the United States and Mexico, 
        done at Mexico City on December 10, 2019, in response to--
                (i) comments submitted by the public to request 
            verification of particular shipments of Mexico under such 
            Agreement; or
                (ii) on its own motion; and
            (B) upon receipt of comments described in subparagraph 
        (A)(i)--
                (i) shall review the comments not later than 30 days 
            after the date on which the comments are submitted to the 
            Trade Representative; and
                (ii) may request the Trade Representative to, within a 
            reasonable period of time, request Mexico to provide 
            relevant information for purposes of verification of 
            particular shipments of Mexico described in subparagraph 
            (A).
        (2) Review of relevant information and request for additional 
    steps.--The Interagency Environment Committee--
            (A) shall review relevant information provided by Mexico as 
        described in paragraph (1)(B)(ii) to determine if the Trade 
        Representative should request additional steps to verify 
        information provided or related to a particular shipment of 
        Mexico; and
            (B) may request the Trade Representative to, within a 
        reasonable period of time, request Mexico to take such 
        additional steps with respect to the particular shipment.
        (3) Consultation.--The Trade Representative, on behalf of the 
    Interagency Environment Committee, shall, on a quarterly basis, 
    consult with the appropriate congressional committees and the Trade 
    and Environment Policy Advisory Committee (or successor advisory 
    committee) established under section 135(c)(1) of the Trade Act of 
    1974 (19 U.S.C. 2155(c)(1)) regarding the public comments and 
    relevant information described in paragraph (1) and the actions 
    taken under paragraph (2).
    (e) Application.--Subsections (c) and (d) shall apply with respect 
to Mexico for such time as the USMCA is in force with respect to, and 
the United States applies the USMCA to, Mexico.
    SEC. 814. ENFORCEMENT ACTIONS.
    The Interagency Environment Committee--
        (1) may request the Trade Representative to, within a 
    reasonable period of time, request consultations under--
            (A) article 24.29 of the USMCA (relating to environment 
        consultations) with respect to the USMCA country; or
            (B) articles 31.4 and 31.6 of the USMCA (relating to 
        dispute settlement consultations) with respect to the USMCA 
        country; or
        (2) may request the heads of other Federal agencies described 
    in section 815 to initiate monitoring or enforcement actions with 
    respect to the USMCA country under the provisions of law described 
    in section 815.
    SEC. 815. OTHER MONITORING AND ENFORCEMENT ACTIONS.
    (a) Marine Mammal Protection Act.--The Secretary of Commerce has 
authority to take appropriate monitoring or enforcement actions under 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).
    (b) Magnuson-Stevens Fishery Conservation and Management Act.--The 
Secretary of Commerce has authority to take appropriate monitoring or 
enforcement actions under the following provisions of law:
        (1) The Magnuson-Stevens Fishery Conservation and Management 
    Act (16 U.S.C. 1801 et seq.).
        (2) The Magnuson-Stevens Fishery Conservation and Management 
    Reauthorization Act of 2006 (16 U.S.C. 1891 et seq.).
        (3) The High Seas Driftnet Fishing Moratorium Protection Act 
    (16 U.S.C. 1826d et seq.).
        (4) The Shark Conservation Act of 2010 (16 U.S.C. 1826k note; 
    1857 note).
        (5) The Shark Finning Prohibition Act (16 U.S.C. 1822 note).
    (c) Fishermen's Protective Act of 1967.--The Secretary of Commerce 
and Secretary of the Interior have authority to take appropriate 
monitoring or enforcement actions under section 8 of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1978).
    (d) Agreement on Port State Measures To Prevent, Deter and 
Eliminate Illegal, Unreported and Unregulated Fishing.--The Secretary 
of Commerce has authority to take appropriate monitoring or enforcement 
actions under the Port State Measures Agreement Act of 2015 (16 U.S.C. 
7401 et seq.).
    (e) Endangered Species Act.--The Secretary of Agriculture, the 
Secretary of the Interior, the Secretary of Homeland Security, the 
Secretary of Commerce, and the Secretary of the Treasury have authority 
to take appropriate monitoring or enforcement actions under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (f) Lacey Act.--The Secretary of Agriculture, the Secretary of 
Commerce, the Secretary of the Interior, the Secretary of Homeland 
Security, and the Secretary of the Treasury have authority to take 
appropriate monitoring or enforcement actions under the Lacey Act 
Amendments of 1981 (16 U.S.C. 3371 et seq.).
    (g) Migratory Bird Treaty Act.--The Secretary of the Interior has 
authority to take appropriate monitoring or enforcement actions under 
the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 et seq.).
    (h) Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act.--
The Secretary of State, the Secretary of the Interior, the Attorney 
General, and Administrator of the United States Agency for 
International Development have authority to take appropriate monitoring 
or enforcement actions under the Eliminate, Neutralize, and Disrupt 
Wildlife Trafficking Act of 2016 (16 U.S.C. 7601 et seq.).
    (i) Wild Bird Conservation Act.--The Secretary of the Interior has 
authority to take appropriate monitoring or enforcement actions under 
the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.).
    (j) Customs Seizure and Other Authorities.--The Secretary of 
Homeland Security has authority to take appropriate monitoring or 
enforcement actions under section 499 of the Tariff Act of 1930 (19 
U.S.C. 1499) or section 596 of such Act (19 U.S.C. 1595a).
    (k) Other Relevant Provisions of Law.--The Interagency Environment 
Committee may request the heads of other Federal agencies to take 
appropriate monitoring or enforcement actions under other relevant 
provisions of law.
    (l) Rule of Construction.--Nothing in this section may be construed 
to supersede or otherwise limit in any manner the functions or 
authority of the head of any Federal agency described in this section 
under any other provision of law.
    SEC. 816. REPORT TO CONGRESS.
    (a) In General.--The Trade Representative, in consultation with the 
head of any Federal agency described in this subtitle, shall submit to 
the appropriate congressional committees a report on the implementation 
of this subtitle, including--
        (1) a description of efforts of the USMCA countries to 
    implement their environmental obligations; and
        (2) a description of additional efforts to be taken with 
    respect to USMCA countries that are failing to implement their 
    environmental obligations.
    (b) Timing of Report.--The report required by subsection (a) shall 
be submitted--
        (1) not later than 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:
        (1) Covered area.--The term ``covered area'' means the portion 
    of the Tijuana River watershed that is in the United States.
        (2) Eligible public entities.--The term ``eligible public 
    entities'' means--
            (A) the United States Section of the International Boundary 
        and Water Commission;
            (B) the Corps of Engineers;
            (C) the North American Development Bank;
            (D) the Department of State;
            (E) any other appropriate Federal agency;
            (F) the State of California; and
            (G) any of the following entities with jurisdiction over 
        any part of the covered area:
                (i) A local government.
                (ii) An Indian Tribe.
                (iii) A regional water board.
                (iv) A public wastewater utility.
        (3) Treatment works.--The term ``treatment works'' has the 
    meaning given that term in section 212 of the Federal Water 
    Pollution Control Act.
    SEC. 822. DETAIL OF PERSONNEL TO OFFICE OF THE UNITED STATES TRADE 
      REPRESENTATIVE.
    (a) In General.--Upon the request of the Trade Representative, the 
Administrator of the Environmental Protection Agency, the Director of 
the U.S. Fish and Wildlife Service, and the Administrator of the 
National Oceanic Atmospheric Administration may detail, on a 
reimbursable basis, one employee of each such respective agency to the 
Office of the United States Trade Representative to be assigned to the 
United States Embassy in Mexico to carry out the duties described in 
subsection (b).
    (b) Duties.--The duties described in this subsection are the 
following:
        (1) Assist the Interagency Environment Committee to carry out 
    monitoring and enforcement actions with respect to the 
    environmental obligations of Mexico.
        (2) Prepare and submit to the Interagency Environment Committee 
    on a quarterly basis a report on efforts of Mexico to comply with 
    its environmental obligations.

              Subtitle C--North American Development Bank

    SEC. 831. GENERAL CAPITAL INCREASE.
    Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 
290m et seq.) is amended by adding at the end the following:
    ``SEC. 547. FIRST CAPITAL INCREASE.
    ``(a) Subscription Authorized.--
        ``(1) In general.--The Secretary of the Treasury is authorized 
    to subscribe on behalf of the United States to, and make payment 
    for, 150,000 additional shares of the capital stock of the Bank.
        ``(2) Limitation.--Any subscription by the United States to the 
    capital stock of the Bank shall be effective only to such extent 
    and in such amounts as are provided in advance in appropriations 
    Acts.
    ``(b) Limitations on Authorization of Appropriations.--
        ``(1) In general.--In order to pay for the increase in the 
    United States subscription to the Bank under subsection (a), there 
    are authorized to be appropriated, without fiscal year limitation, 
    $1,500,000,000 for payment by the Secretary of the Treasury.
        ``(2) Allocation of funds.--Of the amount authorized to be 
    appropriated under paragraph (1)--
            ``(A) $225,000,000 shall be for paid in shares of the Bank; 
        and
            ``(B) $1,275,000,000 shall be for callable shares of the 
        Bank.''.
    SEC. 832. POLICY GOALS.
    (a) In General.--To the extent consistent with the mission and 
scope of the North American Development Bank on the day before the date 
of the enactment of this Act and pursuant to section 2 of article II of 
the Charter, the Secretary of the Treasury should direct the 
representatives of the United States to the Board of Directors of the 
Bank to use the voice and vote of the United States to give preference 
to the financing of projects related to environmental infrastructure 
relating to water pollution, wastewater treatment, water conservation, 
municipal solid waste, stormwater drainage, non-point pollution, and 
related matters.
    (b) Charter Defined.--In this section, the term ``Charter'' means 
the Agreement Concerning the Establishment of a Border Environment 
Cooperation Commission and a North American Development Bank, signed at 
Washington and Mexico November 16 and 18, 1993, and entered into force 
January 1, 1994 (TIAS 12516), between the United States and Mexico.
    SEC. 833. EFFICIENCIES AND STREAMLINING.
    The Secretary of the Treasury should direct the representatives of 
the United States to the Board of Directors of the North American 
Development Bank to use the voice and vote of the United States to seek 
to require the Bank to develop and implement efficiency improvements to 
streamline and accelerate the project certification and financing 
process, including through initiatives such as single certifications 
for revolving facilities, programmatic certification of similar groups 
of small projects, expansion of internal authority to approve qualified 
projects below certain monetary thresholds, and expedited certification 
for public sector projects subject to lender bidding processes.
    SEC. 834. PERFORMANCE MEASURES.
    (a) In General.--The Secretary of the Treasury should direct the 
representatives of the United States to the Board of Directors of the 
North American Development Bank to use the voice and vote of the United 
States to seek to require the Bank to develop performance measures 
that--
        (1) demonstrate how projects and financing approved by the Bank 
    are meeting the Bank's mission and providing added value to the 
    region near the international land border between the United States 
    and Mexico; and
        (2) are reviewed and updated not less frequently than annually.
    (b) Report to Congress.--The Secretary of the Treasury shall submit 
to Congress, with the submission to Congress of the budget of the 
President for a fiscal year under section 1105(a) of title 31, United 
States Code, a report on progress in imposing the performance measures 
described in subsection (a) of this section.

         TITLE IX--USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

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

                       DEPARTMENT OF AGRICULTURE

                         Agricultural Programs

               Animal and Plant Health Inspection Service

                         salaries and expenses

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

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

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

            Office of the United States Trade Representative

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$50,000,000, to remain available until September 30, 2023:  Provided, 
That $30,000,000 shall be available solely to provide for additional 
capacity of the Office during fiscal years 2020 through 2023 to monitor 
compliance with labor obligations (as such term is defined in section 
701 of this Act), including the necessary expenses of additional full-
time employees to participate in the Interagency Labor Committee for 
Monitoring and Enforcement established pursuant to section 711 of this 
Act:  Provided further, That $20,000,000 shall be available to 
reimburse the necessary expenses of personnel participating in the 
Interagency Environment Committee for Monitoring and Enforcement 
established pursuant to section 811 of this Act during fiscal years 
2020 through 2023 to monitor compliance with environmental obligations 
(as such term is defined in section 801 of this Act), including up to 
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.

                    ENVIRONMENTAL PROTECTION AGENCY

                 Environmental Programs and Management

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

                   State and Tribal Assistance Grants

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

                          DEPARTMENT OF LABOR

                        Departmental Management

                         salaries and expenses

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

                        MULTILATERAL ASSISTANCE

                  International Financial Institutions

          contribution to the north american development bank

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

                     GENERAL PROVISIONS--THIS TITLE

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

                            budgetary effects

    Sec. 905.  (a) Statutory PAYGO Scorecards.--The budgetary effects 
of this title shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of this title 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 4106 of H. Con. Res. 71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of 
the Budget Scorekeeping Guidelines set forth in the joint explanatory 
statement of the committee of conference accompanying Conference Report 
105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, the budgetary effects of this 
title shall be estimated for purposes of section 251 of such Act.
    This title may be cited as the ``USMCA Supplemental Appropriations 
Act, 2019''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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