(i) The value of processing the non-
originating materials undertaken in the 
territory of one or more USMCA countries. 
(ii) The value of any originating mate-
rials 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 de-
scribed in paragraph (3) if the rule for the good set 
forth in Annex 4–B of the USMCA includes a re-
gional value content requirement not based on the 
transaction value method described in paragraph 
(2). 
(6) NET COST METHOD ALLOWED FOR ADJUST-
MENTS.— 
(A) IN
GENERAL.—If an importer, ex-
porter, or producer of a good calculates the re-
gional value content of the good on the basis of 
the transaction value method described in para-
graph (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 pre-
vent any review or appeal available in accord-
ance with article 5.15 of the USMCA with re-
spect 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 imple-
menting 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 re-
sulting 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, mar-
keting, 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, mar-
keting, and after-sales service costs, royalties, 
shipping and packing costs, and nonallowable 
interest costs. 
(8) VALUE OF MATERIALS USED IN PRODUC-
TION.—For purposes of calculating the regional 
value content of a good under this subsection, apply-
ing the de minimis rules under subsection (f), and 
calculating the value of nonoriginating components
in a set under subsection (m), the value of a mate-
rial used in the production of a good is— 
(A) in the case of a material that is im-
ported by the producer of the good, the trans-
action value of the material at the time of im-
portation, 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 regula-
tions prescribed by the Secretary of the 
Treasury providing for the application of 
transaction value in the absence of an im-
portation 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 pro-
duction 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 ma-
terial 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 cal-
culating 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 mate-
rial under subparagraph (A) for purposes of 
calculating a regional value content require-
ment, no other self-produced material subject to 
a regional value content requirement used or 
consumed in the production of that inter-
mediate material may be designated by the pro-
ducer 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, pack-
ing, 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 result-
ing from the use of the material in the produc-
tion 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 PRODUC-
TION
OF
GOODS
OF
A
USMCA
COUNTRY.—Origi-
nating 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 NONORIGI-
NATING MATERIALS USED IN THE PRODUCTION OF 
GOODS.—In determining whether a good is an origi-
nating good under this section, production under-
taken on nonoriginating material in the territory of 
one or more USMCA countries by one or more pro-
ducers shall contribute to the originating status of 
the good, regardless of whether that production is 
sufficient to confer originating status to the non-
originating material. 
(f) DE MINIMIS AMOUNTS OF NONORIGINATING MA-
TERIALS.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) through (4), a good that does not under-
go a change in tariff classification or satisfy a re-
gional value content requirement set forth in Annex 
4–B of the USMCA is an originating good if—
(A) the value of all nonoriginating mate-
rials 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 inter-
national 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 re-
quirements of this section; and 
(C) the value of such nonoriginating mate-
rials is included in the value of nonoriginating 
materials for any applicable regional value con-
tent requirement for the good. 
(2) EXCEPTIONS FOR DAIRY AND OTHER PROD-
UCTS.—Paragraph (1) does not apply to the fol-
lowing: 
(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 sol-
ids, 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 sol-
ids, of subheading 1901.90 or 2106.90. 
(iv) A good of heading 2105. 
(v) Beverages containing milk of sub-
heading 2202.90. 
(vi) Animal feeds containing over 10 
percent by dry weight of milk solids of sub-
heading 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 produc-
tion of a good of heading 2008.
(I) A nonoriginating single juice ingredient 
of heading 2009 used or consumed in the pro-
duction 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 sub-
heading of the good for which origin is being deter-
mined. 
(4) TEXTILE OR APPAREL GOODS.— 
(A) GOODS CLASSIFIED UNDER CHAPTERS 
50 THROUGH 60.—Except as provided in sub-
paragraph (C), a textile or apparel good pro-
vided 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 elas-
tomeric 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 sub-
paragraph (C), a textile or apparel good pro-
vided 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 classifica-
tion 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, includ-
ing elastomeric yarns, is not more than 10 per-
cent of the total weight of the component and 
the good meets all other applicable require-
ments of this section. 
(C) GOODS CONTAINING NONORIGINATING 
ELASTOMERIC YARNS.— 
(i) GOODS CLASSIFIED UNDER CHAP-
TERS 50 THROUGH 60 OR HEADING 9619 .— 
A textile or apparel good described in sub-
paragraph (A) containing nonoriginating 
elastomeric yarns shall be considered to be 
an originating good only if the nonorigi-
nating elastomeric yarns contained in the 
good do not exceed 7 percent of the total 
weight of the good. 
(ii) GOODS CLASSIFIED UNDER CHAP-
TERS 61 THROUGH 63.—A textile or ap-
parel good described in subparagraph (B) 
containing 
nonoriginating 
elastomeric 
yarns shall be considered to be an origi-
nating good only if the nonoriginating elas-
tomeric yarns contained in the component 
of the good that determines the tariff clas-
sification of the good do not exceed 7 per-
cent of the total weight of the good. 
(g) FUNGIBLE GOODS AND MATERIALS.—
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 tar-
iff 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 con-
tent 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 mate-
rials, 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 ship-
ment 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 origi-
nating good under subsection (c) shall not be considered
to be an originating good if, subsequent to that produc-
tion, 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 pre-
serve 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 cus-
toms 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 origi-
nating 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.—Notwith-
standing 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 Gen-
eral 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 origi-
nating 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 sub-
stance that does not materially alter the characteris-
tics of the good; or 
(2) any production or pricing practice with re-
spect to which it may be demonstrated, by a prepon-
derance of the evidence, that the object of the prac-
tice 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 produc-
tion 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 re-
gime is in effect. 
(3) AUTOMOTIVE APPENDIX.—The term ‘‘auto-
motive 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 ‘‘auto-
motive 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 auto-
motive appendix. 
(5) AUTOMOTIVE RULES OF ORIGIN.—The term 
‘‘automotive rules of origin’’ means the rules of ori-
gin for automotive goods set forth in the automotive 
appendix. 
(6) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection.
(7) COVERED VEHICLE.—The term ‘‘covered ve-
hicle’’ 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 ap-
pendix. 
(10) USMCA COUNTRY.—The term ‘‘USMCA 
country’’ means the United States, Canada, or Mex-
ico for such time as the USMCA is in force with re-
spect to Canada or Mexico, and the United States 
applies the USMCA to Canada or Mexico. 
(b) 
ESTABLISHMENT
OF
INTERAGENCY
COM-
MITTEE.— 
(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 modifica-
tion 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, in-
cluding— 
(i) the economic effects of the auto-
motive 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 inter-
agency 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 com-
mittee shall be the Trade Representative. 
(4) USE OF INFORMATION.— 
(A) 
INFORMATION
SHARING.—Notwith-
standing any other provision of law, the mem-
bers of the interagency committee may ex-
change information for purposes of carrying out 
this section. 
(B) 
CONFIDENTIALITY
OF
INFORMA-
TION.—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 confiden-
tiality and used in the reports described in sub-
section (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 Com-
missioner that the production of covered 
vehicles by the producer meets the labor 
value content requirements, including the 
high-wage material and manufacturing ex-
penditures, high-wage technology expendi-
tures, and high-wage assembly expendi-
tures, as set forth in article 7 of the auto-
motive appendix or, if the producer is sub-
ject to the alternative staging regime, arti-
cles 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 sup-
port those calculations. 
(B) IMPLEMENTATION.—For purposes of 
meeting the requirements under subparagraph 
(A)— 
(i) the Secretary of Labor, in con-
sultation with the Commissioner, shall en-
sure that the certification of a producer 
under subparagraph (A)(i) does not con-
tain omissions or errors before the certifi-
cation is considered properly filed; and 
(ii) a calculation described in subpara-
graph (A)(i) based on a producer’s pre-
ceding fiscal or calendar year is valid for 
the producer’s subsequent fiscal or cal-
endar year, as the case may be, as set 
forth in articles 7 and 8 of the automotive 
appendix.
(C) REGULATIONS
REQUIRED.—The Sec-
retary of the Treasury, in consultation with the 
Secretary of Labor, shall prescribe regulations 
to carry out this paragraph, including regula-
tions setting forth the procedures and require-
ments for a producer of covered vehicles to es-
tablish 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 Com-
missioner that the production of covered 
vehicles by the producer meets the steel 
and aluminum purchase requirements set 
forth in article 6 of the automotive appen-
dix or, if the producer is subject to the al-
ternative staging regime, articles 6 and 8 
of that appendix; and 
(ii) has information on record to sup-
port the calculations relied on for the cer-
tification.
(B) IMPLEMENTATION.—For purposes of 
meeting the requirements under subparagraph 
(A)— 
(i) the Commissioner shall ensure that 
the certification of a producer under sub-
paragraph (A)(i) does not contain omis-
sions or errors before the certification is 
considered properly filed; and 
(ii) a calculation described in subpara-
graph (A)(ii) based on a producer’s pre-
ceding fiscal or calendar year is valid for 
the producer’s subsequent fiscal or cal-
endar year, as the case may be, as set 
forth in articles 6 and 8 of the automotive 
appendix. 
(C) REGULATIONS
REQUIRED.—The Sec-
retary of the Treasury shall prescribe regula-
tions to carry out this paragraph, including reg-
ulations setting forth the procedures and re-
quirements for a producer of covered vehicles to 
establish that the producer meets the steel and 
aluminum purchase requirements for pref-
erential 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 consulta-
tion with the interagency committee, shall publish in 
the Federal Register requirements, procedures, and 
guidance required to implement the alternative stag-
ing regime, including with respect to the following: 
(A) The procedures, calculation method-
ology, timeframe, specific regional value content 
thresholds, and other minimum requirements, 
consistent with article 8 of the automotive ap-
pendix, with which a producer of covered vehi-
cles subject to the alternative staging regime is 
required to comply during the alternative stag-
ing 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 al-
ternative staging regime are required to be sub-
mitted. 
(C) The information a producer of pas-
senger vehicles or light trucks is required to 
provide, in the producer’s request to use the al-
ternative staging regime, to demonstrate the ac-
tions 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 ex-
pired, 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 alter-
native staging regime account for 10 per-
cent 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, which-
ever 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 alter-
native staging regime period expires; 
and 
(II) a statement indicating the 
time period for which the producer is 
requesting to use the alternative stag-
ing regime, if that time period is 
greater 
than 
years 
after 
the 
USMCA enters into force. 
(D) The procedures for accepting and re-
viewing requests for the alternative staging re-
gime, including that the Trade Representative 
will—
(i) notify a producer of any defi-
ciencies in the request of the producer that 
would result in a denial of the request not 
later than 30 days after the request is sub-
mitted; 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 ap-
prove a request for the alternative staging re-
gime. 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 alter-
native staging regime. 
(F) The opportunity for a producer de-
scribed 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 re-
quest 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 per-
cent 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 identi-
fied with specificity which of the require-
ments 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 PER-
CENT OF NORTH AMERICAN PRODUCTION.—The 
Trade Representative shall authorize the use of 
the alternative staging regime if the Trade Rep-
resentative, 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 auto-
motive 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 Rep-
resentative, in consultation with the interagency 
committee, determines that— 
(i) the request for the alternative 
staging regime covers more than 10 per-
cent of the production of passenger vehi-
cles 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 auto-
motive 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 pro-
duction 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 al-
ternative staging regime; and 
(iii) provide to each producer a re-
sponse in writing stating whether the pro-
ducer may use the alternative staging re-
gime. 
(B) ESTABLISHMENT OF A PUBLIC LIST.— 
The Trade Representative shall maintain, and 
update as necessary, a public list of the pro-
ducers of covered vehicles that have been au-
thorized 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 ap-
propriate congressional committees a summary 
of requests for the alternative staging regime. 
(4) ALTERNATIVE
STAGING
REGIME
REVIEW 
AND MODIFICATION.— 
(A) 
MATERIAL
CHANGES
TO
CIR-
CUMSTANCES.— 
(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, in-
cluding any supplemental information re-
lating 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 de-
scribed 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 sub-
mitted 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 modi-
fied plan is based on substantial 
evidence 
and 
reasonably 
cal-
culated to ensure that the pro-
ducer will still be able to meet 
the requirements set forth in ar-
ticles 2 through 7 of the auto-
motive appendix after the alter-
native staging regime period has 
expired; 
(cc) if the Trade Represent-
ative makes an affirmative deter-
mination under item (bb), ap-
prove the modified plan; and 
(dd) notify the producer in 
writing of the determination.
(iii) INABILITY
TO
MEET
REQUIRE-
MENTS.—If the Trade Representative, in 
consultation with the interagency com-
mittee, 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 auto-
motive appendix after the alternative stag-
ing 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 AL-
TERNATIVE 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 al-
ternative staging regime—
(i) any claim for preferential tariff 
treatment under the alternative staging re-
gime for any covered vehicle of that pro-
ducer 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 ap-
plied when the vehicle was entered for con-
sumption, 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 de-
termination described in this subparagraph is a 
determination that a producer of covered vehi-
cles subject to the alternative staging regime— 
(i) has failed to take the steps set 
forth in the producer’s request for the al-
ternative 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 ap-
pendix 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 author-
ized to use the alternative staging regime 
for more than 10 percent of the total pro-
duction of passenger vehicles or light 
trucks in USMCA countries by the pro-
ducer, has failed to notify the Trade Rep-
resentative under paragraph (4)(A) of ma-
terial 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 RE-
QUIREMENTS.— 
(1) IN GENERAL.—As part of a verification con-
ducted under section 207, the Secretary of the 
Treasury, in conjunction with the Secretary of 
Labor, may conduct a verification of whether a cov-
ered vehicle complies with the labor value content re-
quirements set forth in article 7 of the automotive 
appendix or, if the producer is subject to the alter-
native staging regime under subsection (d), articles 
7 and 8 of that appendix. 
(2) ROLE OF SECRETARY OF LABOR.—In co-
operation 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 man-
ufacturing expenditures, the high-wage technology 
expenditures, and the high-wage assembly expendi-
tures, within the meaning given those terms in arti-
cle 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 con-
tent requirements not covered by paragraph 
(2), including the annual purchase value and 
cost components of the high-wage material and 
manufacturing expenditures, within the mean-
ing given those terms in article 7 of that appen-
dix; 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 (includ-
ing any statement, declaration, document, 
or electronically generated or machine 
readable data) described in the notice with 
reasonable specificity. 
(ii) Request information from any of-
ficer, 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 pro-
ducer is subject to the alternative staging
regime under subsection (d), articles 7 and 
8 of that appendix. 
(B) 
NATURE
OF
INFORMATION
RE-
QUESTED.—Records and information that may 
be examined or requested under subparagraph 
(A) may relate to wages, hours, job responsibil-
ities, and other information in any plant or fa-
cility relied on by a producer of covered vehicles 
to demonstrate that the production of such ve-
hicles 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 appen-
dix. 
(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 cooper-
ate in a verification under this subsection.
(B) ENFORCEMENT.—The Secretary of the 
Treasury and the Secretary of Labor are au-
thorized 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 sec-
tion 514 of the Tariff Act of 1930 (19 U.S.C. 
1514) of a decision of U.S. Customs and Bor-
der 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 dis-
position 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 de-
scribed in subparagraph (A). 
(f) ADMINISTRATION BY DEPARTMENT OF LABOR.— 
The Secretary of Labor is authorized to establish or des-
ignate an office within the Department of Labor to carry 
out the provisions of this section for which the Depart-
ment is responsible. 
(g) REVIEW AND REPORTS.— 
(1) PERIODIC REVIEW ON AUTOMOTIVE RULES 
OF ORIGIN.— 
(A) IN GENERAL.—The Trade Representa-
tive, in consultation with the interagency com-
mittee, 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 sum-
mary of actions taken by producers to 
demonstrate compliance with the auto-
motive rules of origin, use of the alter-
native 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 Rep-
resentative shall submit to the appropriate 
congressional committees a report on each 
review conducted under subparagraph (A). 
(ii) INITIAL
REPORT.—The first re-
port required under clause (i) shall be sub-
mitted not later than 2 years after the 
date on which the USMCA enters into 
force. 
(iii) TERMINATION OF REPORTING RE-
QUIREMENT.—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 COM-
MISSION.—Not later than 1 year after the submis-
sion 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 Commis-
sion 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 em-
ployment 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 competitive-
ness of the United States with respect to pro-
duction and trade in automotive goods, taking 
into account developments in technology, pro-
duction 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 Inter-
national Trade Commission considers relevant 
to the economic impact of the automotive rules 
of origin, including prices, sales, inventories, 
patterns of demand, capital investment, obsoles-
cence of equipment, and diversification of pro-
duction 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 effec-
tiveness 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 submit-
ting 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 pro-
ducers of automotive goods, labor organizations, 
and other interested parties; 
(B) provide for an opportunity for the sub-
mission 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 Con-
solidated 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 rea-
son of this paragraph may not be funded with money con-
tained 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 Consoli-
dated 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 sub-
ject to penalties under subsection (a) for making an 
incorrect claim that a good qualifies as an origi-
nating good under section 202 of the United States- 
Mexico-Canada Agreement Implementation Act if 
the importer, in accordance with regulations pre-
scribed 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 sec-
tion 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 Implemen-
tation Act. The procedures and penalties of this sec-
tion 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 im-
posed under this subsection if, promptly after an ex-
porter or producer that issued a USMCA certifi-
cation of origin has reason to believe that such cer-
tification contains or is based on incorrect informa-
tion, 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 con-
sidered 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 cir-
cumstances to all persons to whom the person 
provided the certification.’’. 
(b) DENIAL
OF PREFERENTIAL TARIFF TREAT-
MENT.—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 fol-
lowing subparagraph (D), by striking ‘‘section 
202 of the North American Free Trade Agree-
ment Implementation Act’’ and inserting ‘‘sec-
tion 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 ‘‘sec-
tion 202 of the United States-Mexico-Can-
ada Agreement Implementation Act’’; and 
(ii) by striking ‘‘NAFTA Certificate 
of Origin’’ and inserting ‘‘USMCA certifi-
cation 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 Im-
plementation Act’’ and inserting ‘‘section 202 of the 
United States-Mexico-Canada Agreement Implemen-
tation Act’’; and 
(4) by striking subsection (f) and inserting the 
following:
‘‘(f) DENIAL
OF PREFERENTIAL TARIFF TREAT-
MENT UNDER THE USMCA.—If U.S. Customs and Bor-
der Protection or U.S. Immigration and Customs Enforce-
ment of the Department of Homeland Security finds indi-
cations 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 sec-
tion 202 of the United States-Mexico-Canada Agreement 
Implementation Act, U.S. Customs and Border Protec-
tion, in accordance with regulations prescribed by the Sec-
retary 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 subse-
quent representations by that importer, exporter, or pro-
ducer until U.S. Customs and Border Protection deter-
mines that representations of that person are in con-
formity 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 con-
tinue to apply on and after that date with re-
spect 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 Implementa-
tion Act,’’;
(B) by striking ‘‘, or section 203’’ and in-
serting ‘‘, 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 cer-
tifications 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 with-
drawn 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 re-
spect 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 Im-
plementation Act. 
‘‘(B) USMCA CERTIFICATION
OF
ORI-
GIN.—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 ori-
gin or provides a written representation for a good 
exported from the United States to a USMCA coun-
try shall make, keep, and, pursuant to rules and reg-
ulations 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 there-
of), including records related to— 
‘‘(A) the purchase, cost, value, and ship-
ping of, and payment for, the good; 
‘‘(B) the purchase, cost, value, and ship-
ping of, and payment for, all materials, includ-
ing 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 AGREE-
MENT.—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 expor-
tations. 
‘‘(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 docu-
mentation related to the importation; 
‘‘(ii) all records and supporting docu-
ments related to the origin of the good (in-
cluding the certification or copies thereof), 
if the importer completed the certification; 
and 
‘‘(iii) records and supporting docu-
ments 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, re-
100 
loading, 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 Sec-
retary 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 pur-
chasing 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 re-
lating to that certification of origin for a period 
of at least 5 years after the date on which the 
certification is completed.
101 
‘‘(B) EXPORTS UNDER CANADIAN AGREE-
MENT.—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 reten-
tion of the records may exceed 5 years 
from the date of entry, filing of a reconcili-
ation, 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 cov-
ered 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 doc-
uments required by paragraph (4)(B) for a 
period of at least 5 years after the date of 
filing the certifications required under
102 
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 re-
spect 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 re-
spect to a good that is entered for consumption, 
or withdrawn from warehouse for consumption, 
on or after the date on which the USMCA en-
ters into force. 
(3) TRANSITION FROM NAFTA TREATMENT.—
103 
(A) EXPORTS.—In the case of a good ex-
ported from the United States before the date 
on which the USMCA enters into force— 
(i) the amendments made by sub-
section (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 re-
spect to the good; and 
(ii) section 508 of such Act, as in ef-
fect on the day before that date, shall con-
tinue 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 para-
graphs (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.—
104 
(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 sub-
paragraph (A), the President may direct the 
Secretary— 
(i) during the verification process, to 
release the good only upon payment of du-
ties 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 sub-
paragraph (A) with respect to a textile or ap-
105 
parel good, the President may direct the Sec-
retary— 
(i) during the verification process, to 
take appropriate action described in sub-
paragraph (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.—Ap-
propriate 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 pay-
ment of duties or provision of security;
106 
(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 de-
scribed in subparagraph (C)(i), if the 
Secretary determines that there is in-
sufficient 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 de-
scribed 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 treat-
ment under the USMCA with respect to— 
(I) the textile or apparel good 
that is the subject of a verification de-
scribed in subparagraph (C)(i) if the 
Secretary determines that incorrect
107 
information has been provided to sup-
port 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 de-
scribed in subparagraph (C)(ii) if the 
Secretary determines that the person 
has provided incorrect information to 
support the claim for preferential tar-
iff 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 de-
scribed in subparagraph (C) if the Sec-
retary determines that there is insufficient 
information to determine the country of or-
igin of that good; and 
(v) denial of entry into the United 
States of any textile or apparel good ex-
ported or produced by a person that is the 
subject of a verification described in sub-
paragraph (C) if the Secretary determines 
that the person has provided incorrect in-
108 
formation regarding the country of origin 
of that good. 
(b) NEGATIVE DETERMINATION.— 
(1) IN GENERAL.—A negative determination de-
scribed in this subsection with respect to a good im-
ported, exported, or produced by an importer, ex-
porter, or producer is a determination by the Sec-
retary, based on a verification conducted under sub-
section (a), that— 
(A) a claim by the importer, exporter, or 
producer that the good qualifies as an origi-
nating good under section 202 is inaccurate; or 
(B) the good does not qualify for pref-
erential tariff treatment under the USMCA be-
cause— 
(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 notifica-
tion for a visit to conduct verification 
under subsection (a), the exporter or pro-
ducer did not provide written consent for 
that visit;
109 
(iii) the importer, exporter, or pro-
ducer 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 con-
ducted 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 ex-
porter 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 pro-
ducer— 
(I) otherwise fails to comply with 
the requirements of this section; or
110 
(II) based on the preponderance 
of the evidence, circumvents the re-
quirements of this section. 
(2) REQUESTS FOR INFORMATION.—The Sec-
retary shall not make a negative determination de-
scribed in paragraph (1)(B) unless— 
(A) in a case in which the Secretary con-
ducts 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 cer-
tification of origin completed by the exporter or 
producer of the good, the Secretary requests in-
formation from the exporter or producer that 
completed the certification; or 
(B) in a case in which the Secretary con-
ducts a verification with respect to a textile or 
apparel good by requesting a site visit under ar-
ticle 6.6.2 of the USMCA, the Secretary re-
quests information from the importer and from 
any exporter or producer that provided informa-
tion to the Secretary to support the claim for 
preferential tariff treatment. 
(c) ACTION BASED ON DETERMINATION.—
111 
(1) DENIAL OF PREFERENTIAL TARIFF TREAT-
MENT.—Upon making a negative determination de-
scribed 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 in-
dicate 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 treat-
ment 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 per-
son until U.S. Customs and Border Protection deter-
mines that person has established compliance with 
requirements for claims for preferential tariff treat-
ment under the USMCA. 
(d) PREVENTION OF CIRCUMVENTION.—In making a 
determination under this section, including whether to ac-
cept or reject a claim for preferential tariff treatment 
under the USMCA, the Secretary shall interpret the re-
112 
quirements of this section in a manner to avoid and pre-
vent 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 COUN-
TRY.—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 Imple-
mentation 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
113 
‘‘(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.—Sec-
tion 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 coun-
try’’ 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 COUN-
TRY.— 
‘‘(1) IN GENERAL.—The Secretary may author-
ize U.S. Customs and Border Protection to exchange
114 
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 Implemen-
tation 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 with-
drawn from warehouse for consumption, before the 
date on which the USMCA enters into force—
115 
(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 re-
tain 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 informa-
tion 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 sec-
tion 202A.
116 
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 Truck-
ing 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-Mex-
ico international border and the commercial 
zones of such municipalities as described in 
subpart B of part 372 of title 49, Code of Fed-
eral Regulations; and 
(B) any additional border crossing and as-
sociated commercial zones listed in the Federal 
Motor Carrier Safety Administration OP–2 ap-
plication instructions or successor documents.
117 
(2) CARGO ORIGINATING IN MEXICO.—The term 
‘‘cargo originating in Mexico’’ means any cargo that 
enters the United States by commercial motor vehi-
cle 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 truck-
ing 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 out-
118 
side 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 per-
son 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 con-
duct 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 truck-
ing services; 
(B) a trade or business association, a ma-
jority of whose members are part of the rel-
evant United States long-haul trucking services 
industry; 
(C) a certified or recognized union, or rep-
resentative group of suppliers, operators, or 
drivers who are part of the United States long- 
haul trucking services industry; 
(D) the Government of Mexico; or
119 
(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 per-
sons of the United States. 
(10) OPERATOR OR SUPPLIER.—The term ‘‘op-
erator’’ 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, in-
cluding subsidiaries of United States companies 
domiciled in Mexico, or entities owned or con-
trolled by a Mexican national, which conduct 
cross-border long-haul trucking services, or em-
ploy drivers who are non-United States nation-
als; and 
(B) drivers who are Mexican nationals. 
(12) PERSONS OF THE UNITED STATES.—The 
term ‘‘persons of the United States’’ includes enti-
ties domiciled in the United States, organized or
120 
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 truck-
ing services in a specific sub-market of the 
whole United States market. 
SEC. 322. INVESTIGATIONS AND DETERMINATIONS BY COM-
MISSION. 
(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,
121 
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 Com-
mission (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 re-
ceived 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 RES-
OLUTION.—The Commission shall transmit a copy of any
122 
petition, request, or resolution filed under subsection (a) 
to the Trade Representative and the Secretary of Trans-
portation. 
(c) PUBLICATION AND HEARINGS.—The Commission 
shall— 
(1) promptly publish notice of the commence-
ment 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 presen-
tations of other parties, and otherwise to be heard. 
(d) FACTORS APPLIED
IN MAKING DETERMINA-
TIONS.—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 rel-
evant— 
(A) the volume and tonnage of merchan-
dise transported; and
123 
(B) the employment, wages, hours of serv-
ice, 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 Com-
mission, 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 Commis-
sion may request for the purpose of conducting in-
vestigations 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 Secu-
rity, the Secretary of Transportation, the Sec-
retary of Commerce, the Secretary of Labor, 
and the head of any other Federal agency shall
124 
make available to the Commission any informa-
tion in their possession, including proprietary 
information, as the Commission may require in 
order to assist the Commission in making deter-
minations under subsection (a). 
(B) CONFIDENTIAL
BUSINESS
INFORMA-
TION.—The Commission shall treat any propri-
etary information obtained under subparagraph 
(A) as confidential business information in ac-
cordance with regulations adopted by the Com-
mission to carry out this subtitle. 
(f) LIMITED DISCLOSURE OF CONFIDENTIAL BUSI-
NESS 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, re-
quest, or resolution, the Commission shall make a 
determination with respect to the petition, request, 
or resolution.
125 
(2) EXCEPTION.—If, before the 100th day after 
an investigation is initiated under subsection (a), the 
Commission determines that the investigation is ex-
traordinarily complicated, the Commission shall 
make its determination with respect to the investiga-
tion 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 determina-
tions 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 af-
firmative determination under section 322, the Commis-
sion shall recommend the action that is necessary to ad-
dress the material harm or threat of material harm found. 
(b) LIMITATION.—Only those members of the Com-
mission who agreed to the affirmative determination under 
section 322 are eligible to vote on the recommendation re-
quired 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
126 
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, rec-
ommendations for action and an explanation of the 
basis for the recommendation; and 
(3) any dissenting or separate views by mem-
bers 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 de-
termines to be confidential business information); 
and 
(2) publish a summary of the report in the Fed-
eral Register. 
SEC. 324. ACTION BY PRESIDENT WITH RESPECT TO AF-
FIRMATIVE 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 de-
termination under section 322 is affirmative or which con-
tains a determination that the President may treat as af-
127 
firmative in accordance with section 330(d)(1) of the Tar-
iff 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 Transpor-
tation 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 deter-
mines 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 fol-
lows: 
(A)(i) With respect to a determination re-
lating 
to 
an 
investigation 
under 
section 
322(a)(1), the denial or imposition of limita-
tions on a request for a new grant of authority
128 
by the persons of Mexico that are the subject 
of the investigation. 
(ii) With respect to a determination relat-
ing 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 relat-
ing to an investigation under section 322(a)(2) 
or (3), the revocation or imposition of limita-
tions on an existing grant of authority by the 
persons of Mexico that are the subject of the in-
vestigation. 
(C) With respect to a determination relat-
ing 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 deter-
mines the relief to be provided under this subsection, 
the President shall direct the Secretary of Transpor-
tation to carry out the relief. 
(d) PERIOD OF RELIEF.—
129 
(1) IN GENERAL.—Subject to paragraph (2), 
any relief that the President provides under this sec-
tion may not be in effect for more than 2 years. 
(2) EXTENSION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (C), the President, after receiving a de-
termination from the Commission under sub-
paragraph (B) that is affirmative, or which con-
tains 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 in-
terested 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
130 
date that is 240 days, before the date on 
which any action taken under this section 
is to terminate, the Commission shall con-
duct 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 com-
mencement 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 in-
terested 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
131 
the President a report on its investigation 
and determination under this subpara-
graph. 
(C) PERIOD OF RELIEF.—Any relief pro-
vided under this section, including any exten-
sion 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 subpara-
graph (B)(i) if— 
(I) the subject matter of the in-
vestigation is the same as the subject 
matter of a previous investigation con-
ducted 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 ex-
ists to conduct the investigation.
132 
(e) REGULATIONS.—The Commission and the Sec-
retary 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 Imple-
mentation Act’’. 
SEC. 326. CONFORMING AMENDMENTS. 
(a) REGISTRATION OF MOTOR CARRIERS.—Section 
13902 of title 49, United States Code, is amended by in-
serting at the end the following: 
‘‘(j) MEXICO-DOMICILED MOTOR CARRIERS.—Not-
withstanding 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
133 
municipalities along the United States-Mexico inter-
national border and the commercial zones of those munici-
palities as directed.’’. 
(b) EFFECTIVE PERIODS OF REGISTRATION.—Sec-
tion 13905 of title 49, United States Code, is amended 
by inserting at the end the following: 
‘‘(g) MEXICO-DOMICILED MOTOR CARRIERS.—Not-
withstanding 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 revok-
ing or imposing limitations on existing registrations of 
Mexico-domiciled motor carriers of cargo to operate be-
yond 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 be-
yond 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
134 
OP–1 operating authority (United States-based Enter-
prise 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 Represent-
ative, the Commission, and the Chairs and Ranking Mem-
bers of the Committee on Transportation and Infrastruc-
ture 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 Rep-
resentatives, 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
135 
(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 in-
serting ‘‘UNITED STATES-CANADA OR USMCA’’; 
and 
(B) in the text, by striking ‘‘of the 
NAFTA or of the Agreement’’ and inserting ‘‘of
136 
the 
Agreement 
or 
article 
10.12 
of 
the 
USMCA’’; 
(3) in subsection (f)— 
(A) in paragraph (6)(A), by striking ‘‘arti-
cle 1908 of the NAFTA’’ and inserting ‘‘article 
10.16 of the USMCA’’; 
(B) in paragraph (7)(A), by striking ‘‘arti-
cle 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
137 
States-Mexico-Canada Agreement Implementation 
Act.’’; 
(4) in subsection (g)— 
(A) in paragraph (2), in the matter pre-
ceding 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 insert-
ing ‘‘of the Agreement or article 10.12 of 
the USMCA;’’; 
(ii) in clause (iii), by striking ‘‘the 
NAFTA or of the Agreement’’ and insert-
ing ‘‘the Agreement or the USMCA’’; 
(iii) in clause (v), by striking ‘‘para-
graph 12 of article 1905 of the NAFTA’’ 
and 
inserting 
‘‘article 
10.13 
of 
the 
USMCA’’; and 
(iv) in clause (vi), by striking ‘‘para-
graph 12 of article 1905 of the NAFTA’’ 
and 
inserting 
‘‘article 
10.13 
of 
the 
USMCA’’;
138 
(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 imple-
menting 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
139 
(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 strik-
ing ‘‘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 in-
serting ‘‘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)—
140 
(aa) in the clause heading, 
by striking ‘‘NAFTA’’ and insert-
ing ‘‘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 in-
serting ‘‘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 insert-
ing the following: 
‘‘(11) SUSPENSION AND TERMINATION OF SUS-
PENSION OF ARTICLE 10.12 OF THE USMCA.— 
‘‘(A) SUSPENSION.—If a special committee 
established under article 10.13 of the USMCA
141 
issues an affirmative finding, the Trade Rep-
resentative 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 op-
eration of article 10.12 of the USMCA shall 
terminate.’’; and 
(K) in paragraph (12)— 
(i) in the paragraph heading, by strik-
ing ‘‘NAFTA’’ and inserting ‘‘USMCA’’; 
(ii) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) NOTICE OF SUSPENSION OR TERMI-
NATION 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 accord-
ance with article 10.13 of the USMCA, the
142 
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 suspen-
sion 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 Fed-
eral 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 in-
serting 
‘‘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 oper-
ation of article 10.12 of the USMCA
143 
is suspended in accordance with arti-
cle 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 fol-
lows through ‘‘NAFTA—’’ and 
inserting the following: ‘‘if the 
United States made an allegation 
under 
article 
10.13 
of 
the 
USMCA and the operation of ar-
ticle 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 ‘‘subpara-
graph (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
144 
in subparagraph (A) or (B) of sub-
section (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 strik-
ing ‘‘a country described’’ and all that fol-
lows 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 PROVI-
SIONS 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 in-
serting ‘‘THE UNITED STATES-CANADA AGREEMENT 
OR THE USMCA’’; 
(2) in paragraph (1)—
145 
(A) in subparagraph (A), by striking ‘‘arti-
cle 1904 of the NAFTA’’ and all that follows 
through ‘‘, the administering authority’’ and in-
serting ‘‘article 1904 of the United States-Can-
ada Agreement or article 10.12 of the USMCA, 
or an extraordinary challenge committee is con-
vened 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 in-
serting ‘‘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 Agree-
ment Implementation Act’’ and inserting ‘‘section 
412(b) of the United States-Mexico-Canada Agree-
ment Implementation Act’’; and 
(5) by striking ‘‘section 516A(f)(10)’’ each 
place it appears and inserting ‘‘section 516A(f)(9)’’.
146 
(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 ‘‘sub-
paragraphs (A) through (C) of this paragraph’’; 
and 
(D) by striking the flush text and inserting 
the following:
147 
‘‘(2) This subsection shall not confer jurisdiction over 
an antidumping or countervailing duty determination 
which is reviewable by— 
‘‘(A) the Court of International Trade under 
section 516A(a) of the Tariff Act of 1930 (19 
U.S.C. 1516a(a)); or 
‘‘(B) a binational panel under section 516A(g) 
of the Tariff Act of 1930 (19 U.S.C. 1516a(g)).’’; 
(2) in section 1584, by striking the section 
heading and inserting the following: 
‘‘§ 1584. Civil actions under the United States-Canada 
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)’’.
148 
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 sec-
tion) and the amendments made by this title shall cease 
to have effect with respect to that country. 
(b) TRANSITION PROVISIONS.— 
(1) PROCEEDINGS REGARDING PROTECTIVE OR-
DERS AND UNDERTAKINGS.—If on the date on which 
a country ceases to be a USMCA country an inves-
tigation 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 pro-
ceeding 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 coun-
try—
150 
lished 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 
PROVI-
SIONS AND OTHER AMEND-
MENTS 
SEC. 501. DRAWBACK. 
(a) CLERICAL AMENDMENT.—Section 208 of this Act 
is amended in the section heading by striking ‘‘[RE-
SERVED]’’. 
(b) USMCA DRAWBACK.—Subsection (a) of section 
203 of the North American Free Trade Agreement Imple-
mentation 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—
151 
(A) by striking ‘‘NAFTA country’’ each 
place it appears and inserting ‘‘USMCA coun-
try’’; 
(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 im-
152 
ported under any re-export program or any like pro-
gram 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 sub-
section (a), and for purposes of obtaining refunds, waivers, 
or reductions of customs duties with respect to a good sub-
ject 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—
153 
‘‘(A) the good is classified under the same 
8-digit HTS subheading number as the other 
good; or 
‘‘(B) drawback would be allowed with re-
spect 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 COUNTER-
VAILING
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), re-
spectively; 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 in-
serting ‘‘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—
154 
(A) by striking ‘‘NAFTA’’ each place it 
appears; 
(B) by striking ‘‘section 203(a) of the 
North American Free Trade Agreement Imple-
mentation 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 WARE-
HOUSES.—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 Implementa-
tion 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 ‘‘sec-
tion 208(a) of that Act’’.
155 
(3) DRAWBACK AND REFUNDS.—Section 313 of 
the Tariff Act of 1930 (19 U.S.C. 1313) is amend-
ed— 
(A) in subsection (j)(4), by striking sub-
paragraph (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 Agree-
ment Implementation Act, shall not constitute an ex-
portation 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-Mex-
ico-Canada Agreement Implementation Act.’’; 
(B) in subsection (n)— 
(i) in paragraph (1), by striking sub-
paragraphs (A) and (B) and inserting the 
following: 
‘‘(A) the term ‘USMCA country’ has the mean-
ing given that term in section 3 of the United 
States-Mexico-Canada Agreement Implementation 
Act;
156 
‘‘(B) the term ‘good subject to USMCA draw-
back’ has the meaning given that term in section 
208(a) of the United States-Mexico-Canada Agree-
ment 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 insert-
ing 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 Implemen-
tation 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
157 
(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 Imple-
mentation 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 de-
fined 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.’’.
158 
(g) EFFECTIVE DATE.— 
(1) IN
GENERAL.—Each transfer, redesigna-
tion, 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 ware-
house 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 COM-
PETITION. 
(a) CLERICAL AMENDMENT.—Subtitle A of title III 
of this Act is amended in the subtitle heading by striking 
‘‘[reserved]’’.
159 
(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—
160 
(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, redesigna-
tion, 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.
161 
(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 Implementa-
tion Act (19 U.S.C. 3371 and 3372), as in ef-
fect 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;
162 
(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 insert-
ing ‘‘Annex 16–A’’; and 
(E) by striking ‘‘Annex 1608’’ and insert-
ing ‘‘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
163 
(as defined in section 3 of the United 
States-Mexico-Canada Agreement Imple-
mentation Act)’’; and 
(ii) by striking the third and fourth 
sentences and inserting the following: ‘‘For 
purposes of this paragraph, the term ‘cit-
izen 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 Im-
plementation 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 SYS-
TEM.—Section 110(c)(1)(B) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of
164 
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 Imple-
mentation 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 in-
serting ‘‘USMCA (as defined in section 3 of the 
United States-Mexico-Canada Agreement Implemen-
tation 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, redesigna-
tion, 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.
165 
(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 sub-
sections (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’’.
166 
(c) ORGANIZATIONAL AND ADMINISTRATIVE PROVI-
SIONS.—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 sub-
paragraph (E), by striking ‘‘in para-
graph 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)—
167 
(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 insert-
ing ‘‘paragraph 1 of Annex 10– 
B.1’’; 
(bb) by striking ‘‘chapter 
19’’ each place it appears and in-
serting ‘‘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 in-
serting ‘‘article 10.13’’; 
(C) in subsection (c)— 
(i) in paragraph (1)— 
(I) by striking ‘‘chapter 19’’ each 
place it appears and inserting ‘‘chap-
ter 10’’; and
168 
(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 ‘‘chap-
ter 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 insert-
ing ‘‘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 strik-
ing ‘‘chapter 19’’ and inserting ‘‘chap-
ter 10’’; and
169 
(II) in subparagraph (C)(iv)(III), 
by striking ‘‘chapter 19’’ and insert-
ing ‘‘chapter 10’’; 
(D) in subsection (d)— 
(i) in paragraph (1)— 
(I) in subparagraph (A), by strik-
ing ‘‘in paragraph 1’’ and all that fol-
lows 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 insert-
ing ‘‘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
170 
(bb) by striking ‘‘the Agree-
ment’’ 
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 strik-
ing ‘‘in paragraph 1’’ and all that fol-
lows through ‘‘during’’ and inserting 
‘‘in paragraph 1 of Annex 10–B.1 and 
paragraph 1 of Annex 10–B.3 dur-
ing’’; and 
(II) in subparagraph (B), by 
striking ‘‘chapter 19’’ and inserting 
‘‘chapter 10’’;
171 
(E) in subsection (e), in the matter pre-
ceding 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.—Sec-
tion 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 para-
graph 13’’ and all that follows through ‘‘the com-
172 
mittee—’’ and inserting ‘‘under paragraph 13 of ar-
ticle 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 com-
mittee—’’. 
(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 ‘‘arti-
cle 1911’’ and all that follows and insert-
ing ‘‘article 10.8, of a USMCA country.’’; 
and 
(ii) in paragraph (2), by striking ‘‘ar-
ticle 1908’’ and inserting ‘‘article 10.16’’; 
(C) in subsection (b), by striking ‘‘article 
1904’’ and inserting ‘‘article 10.12’’; and
173 
(D) in subsection (c), by striking ‘‘article 
1904’’ each place it appears and inserting ‘‘ar-
ticle 10.12’’. 
(f) RULES OF PROCEDURE FOR PANELS AND COM-
MITTEES.—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 pre-
ceding 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));
174 
(2) redesignated as section 416; and 
(3) amended, in the matter preceding para-
graph (1), by striking ‘‘NAFTA country’’ and in-
serting ‘‘USMCA country’’. 
(h) IDENTIFICATION OF INDUSTRIES FACING SUB-
SIDIZED 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 fol-
lowing paragraph (3), by striking ‘‘NAFTA 
countries’’ and inserting ‘‘USMCA countries’’; 
and 
(C) in subsection (d)(3), by striking ‘‘the 
Agreement’’ and inserting ‘‘the USMCA’’.
175 
(i) TREATMENT OF AMENDMENTS TO LAW.—Section 
408 of the North American Free Trade Agreement Imple-
mentation 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 fol-
lows 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 au-
thorities. 
‘‘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.—
176 
(1) IN
GENERAL.—Each transfer, redesigna-
tion, 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 de-
scribed 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 be-
fore such date. 
(2) TRANSITION FROM NAFTA.—The transfers, 
redesignations, and amendments made by this sec-
tion shall not apply, and the provisions of title IV 
of the North American Free Trade Agreement Im-
plementation 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 re-
spect—
177 
(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 de-
scribed 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 be-
fore the date on which the USMCA enters into 
force. 
SEC. 505. GOVERNMENT PROCUREMENT. 
(a) GENERAL AUTHORITY TO MODIFY DISCRIMINA-
TORY 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
178 
(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 de-
fined in section 3 of the United States-Mexico- 
Canada Agreement Implementation Act)’’; and 
(B) by striking ‘‘chapter 10 of such Agree-
ment’’ 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 Imple-
mentation 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
179 
(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 con-
tinue to apply on and after that date with re-
spect 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 Agree-
ment’’ 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
180 
North American Free Trade Agreement’’ and insert-
ing ‘‘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 PUR-
CHASES. 
(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 enact-
ment of this Act, the Trade Representative shall submit 
to the Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Representa-
tives 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.
181 
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 Imple-
mentation 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)’’.
182 
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 appro-
priate congressional committees and stakeholders before 
each joint review, including consultation with respect to— 
(1) any recommendation for action to be pro-
posed 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 STAKE-
HOLDERS.— 
(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 re-
lating to the operation of the USMCA, including a 
public hearing.
183 
(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 Rep-
resentative 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 ex-
tend 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 rec-
ommendation 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
184 
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 regard-
ing— 
(A) any reason offered by a USMCA coun-
try regarding why the country is unable to 
agree to extend the term of the USMCA; 
(B) the progress that has been made in ef-
forts 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 rea-
sons 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 re-
spect to any meeting described in paragraph (1), in-
cluding by submitting to those committees copies of
185 
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 ex-
pressed 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 ap-
propriate 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 pro-
vided 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).
186 
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 ob-
ligations’’ 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.
187 
Subtitle 
A—Interagency 
Labor 
Committee for Monitoring and 
Enforcement 
SEC. 711. INTERAGENCY LABOR COMMITTEE FOR MONI-
TORING 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 ‘‘Inter-
agency Labor Committee’’), to coordinate United States 
efforts with respect to each USMCA country— 
(1) to monitor the implementation and mainte-
nance of the labor obligations; 
(2) to monitor the implementation and mainte-
nance 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 Com-
mittee shall— 
(1) be co-chaired by the Trade Representative 
and the Secretary of Labor; and 
(2) include representatives of such other Fed-
eral departments or agencies with relevant expertise 
as the President determines appropriate.
188 
(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 imple-
mentation of and compliance with labor obligations, 
including by— 
(A) requesting and reviewing relevant in-
formation from the governments of USMCA 
countries and from the public; 
(B) coordinating visits to Mexico as nec-
essary to assess implementation of Mexico’s 
labor reform and compliance with the labor ob-
ligations of Mexico; 
(C) receiving and reviewing quarterly as-
sessments from the labor attache´s with respect
189 
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 ap-
propriate officials of the Government of Mexico re-
garding 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 Orga-
nization 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 there-
after, 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 com-
190 
mittee) 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 sec-
tion 714, making recommendations relating to dis-
pute 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 enforce-
ment 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 Inde-
pendent Mexico Labor Expert Board under section 
734.
191 
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 coun-
tries as appropriate; 
(2) establish and annually update a list of pri-
ority subsectors within such priority sectors to be 
the focus of the enforcement efforts of the Com-
mittee, 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 pe-
riod 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 ex-
192 
tent to which Mexico is in compliance with its obligations 
under Annex 23–A of the USMCA. 
(b) CONSULTATION RELATING TO ANNUAL ASSESS-
MENT.—On or after the date that is 5 years after the date 
of the enactment of this Act, the Interagency Labor Com-
mittee may consult with the appropriate congressional 
committees with respect to the frequency of the assess-
ment 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 fund-
ing to implement and enforce Mexico’s labor reform, 
including specifically whether Mexico has provided 
funding consistent with commitments made to con-
tribute 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.
193 
(3) The extent to which Mexico has imple-
mented the federal and state labor courts, registra-
tion entity, and federal and state conciliation centers 
consistent with the timeline set forth for Mexico’s 
labor reform, in the September 2019 policy state-
ments by the Government of Mexico on a national 
strategy for implementation of the labor justice sys-
tem, and in subsequent policy statements in accord-
ance with Mexico’s labor reform. 
SEC. 715. RECOMMENDATION FOR ENFORCEMENT ACTION. 
(a) RECOMMENDATION TO INITIATE.—If the Inter-
agency Labor Committee determines, pursuant to an as-
sessment under section 714, as a result of monitoring ac-
tivities 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 (re-
lating to cooperative labor dialogue and labor con-
sultations); 
(2) articles 31.4 and 31.6 of the USMCA (re-
lating to dispute settlement consultations); or
194 
(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 enforce-
ment 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 Com-
mittee 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 re-
view such information within 30 days of submission 
and shall determine whether there is sufficient, cred-
195 
ible evidence of a denial of rights (as so defined) en-
abling the good-faith invocation of enforcement 
mechanisms. 
(2) If the Committee reaches a negative deter-
mination under paragraph (1), the Committee shall 
certify such determination to the appropriate con-
gressional committees and the petitioner. 
(3) If the Committee reaches an affirmative de-
termination under paragraph (1), the Trade Rep-
resentative shall submit a request for review, in ac-
cordance with article 31–A.4 of such Annex, with re-
spect to the covered facility and shall inform the pe-
titioner and the appropriate congressional commit-
tees 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 es-
tablishment of a rapid response labor panel in 
accordance with such Annex; and 
(B) if such determination is negative, cer-
tify such determination to the appropriate con-
gressional committees in conjunction with the 
reasons for such determination and the details 
of any agreed-upon remediation plan.
196 
(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 re-
view 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 de-
termination under paragraph (1), such further re-
view 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 obliga-
tions, for purposes of initiating enforcement action 
under chapter 23 or chapter 31 of the USMCA. 
(3) If the Committee reaches an affirmative de-
termination under paragraph (2), the Trade Rep-
resentative 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
197 
(B) submit to the appropriate congres-
sional committees a notification including the 
reasons for which action was not initiated with-
in 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 in-
cludes— 
(1) a description of Committee staffing and ca-
pacity 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 Govern-
ment of Mexico on a national strategy for implemen-
tation of the labor justice system and in subsequent
198 
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 Inde-
pendent Mexico Labor Expert Board submitted 
under section 734 that includes a determination de-
scribed in paragraph (2) of such section, the Inter-
agency 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 ex-
planation upon request. 
(b) CONSULTATION RELATING TO ANNUAL ASSESS-
MENT.—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 appro-
priate congressional committees with respect to the fre-
quency 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.
199 
(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 appro-
priate congressional committees— 
(1) a comprehensive assessment of the imple-
mentation of Mexico’s labor reform, including with 
respect to— 
(A) whether Mexico has reviewed and le-
gitimized 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 Reg-
istration, 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
200 
(2) a strategic plan and recommendations for 
actions to address areas of concern relating to the 
implementation of Mexico’s labor reform, for pur-
poses of the joint review conducted pursuant to arti-
cle 34.7 of the USMCA on the sixth anniversary of 
the entry into force of the USMCA. 
SEC. 719. CONSULTATIONS ON APPOINTMENT AND FUND-
ING OF RAPID RESPONSE LABOR PANELISTS. 
(a) IN GENERAL.—The Interagency Labor Com-
mittee 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 sec-
tion 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 re-
sponse labor panelists to carry out the responsibilities 
under the USMCA promptly and fully. 
Subtitle B—Mexico Labor Attache´s 
SEC. 721. ESTABLISHMENT. 
The Secretary of Labor shall—
202 
that agency or made available to that agency for purposes 
related to the activities of the detail or assignment, in ac-
cordance with authorities related to their employment sta-
tus 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 re-
sponsible for monitoring and evaluating the implementa-
tion 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 activi-
ties needed to support such implementation and compli-
ance. 
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
203 
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 consulta-
tion 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 accord-
ance with subsection (a), that Mexico is not fully in com-
pliance with its labor obligations, a majority of the mem-
bers of the Board may determine to extend its term for 
4 additional years. A new Board shall be appointed in ac-
204 
cordance 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 sec-
tion 732(c), the Board shall submit to appropriate con-
gressional committees and to the Interagency Labor Com-
mittee 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
205 
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 de-
termines appropriate. 
(2) MEETINGS.—The Task Force shall meet on 
a quarterly basis regarding active Withhold and Re-
lease Orders, ongoing investigations, petitions re-
ceived, and enforcement priorities, and other rel-
evant 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 Protec-
tion alleging that goods are being imported by or with 
child or forced labor.
206 
(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 bian-
nual 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 merchan-
dise 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 in-
cluded in the most recent ‘‘Findings on the Worst 
Forms of Child Labor’’ report submitted in accord-
ance with section 504 of the Trade Act of 1974 (19 
U.S.C. 2464) and ‘‘List of Goods Produced by Child
207 
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 appro-
priate 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 enforce-
ment of the prohibition under section 307 of the 
Tariff Act with respect to Mexico, including any alle-
gations that may be filed with respect to forced 
labor in Mexico.
208 
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 appro-
priate congressional committees, the Labor Advisory Com-
mittee 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 Rep-
resentative shall also make each such report publicly avail-
able in a timely manner. 
SEC. 752. SUSPENSION OF LIQUIDATION. 
(a) IN GENERAL.—If the United States files a re-
quest pursuant to article 31–A.4.2 of Annex 31–A of the 
USMCA, the Trade Representative may direct the Sec-
retary of the Treasury to suspend liquidation for unliqui-
dated 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 deter-
mined that there is no denial of rights at the covered
209 
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 ac-
cordance 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, pro-
duced wholly or in part, from such covered
210 
facilities only upon payment of duties and 
any penalty; and 
(B) to apply any duties or penalties to cus-
toms entries for which liquidation was sus-
pended 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 Rep-
resentative shall promptly notify the Secretary when the 
denial of rights with respect to a case described in sub-
section (a) has been remedied. 
TITLE 
VIII—ENVIRONMENT 
MONITORING AND ENFORCE-
MENT 
SEC. 801. DEFINITIONS. 
In this title: 
(1) ENVIRONMENTAL
LAW.—The term ‘‘envi-
ronmental law’’ has the meaning given the term in 
article 24.1 of the USMCA. 
(2) ENVIRONMENTAL OBLIGATIONS.—The term 
‘‘environmental obligations’’ means obligations relat-
ing to the environment under—
211 
(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 Environ-
ment 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 es-
tablish an Interagency Environment Committee for Moni-
toring and Enforcement (in this title referred to as the 
‘‘Interagency Environment Committee’’)— 
(1) to coordinate United States efforts to mon-
itor and enforce environmental obligations generally; 
and 
(2) with respect to the USMCA countries— 
(A) to carry out an assessment of their en-
vironmental 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 re-
spect to USMCA countries that are not in com-
pliance with their environmental obligations.
212 
(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 Ad-
ministration. 
(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 Inspec-
tion 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 Inter-
national Development. 
(3) Representatives from other Federal agen-
cies, 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.
213 
SEC. 812. ASSESSMENT. 
(a) IN GENERAL.—The Interagency Environment 
Committee shall carry out an assessment of the environ-
mental laws and policies of the USMCA countries— 
(1) to determine if such laws and policies are 
sufficient to implement their environmental obliga-
tions; 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, mon-
itoring 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 es-
tablished, or the date on which the USMCA enters into 
force, whichever occurs earlier, the Interagency Environ-
ment Committee shall submit a report that contains the 
assessment required by subsection (a) to— 
(1) the appropriate congressional committees; 
and
214 
(2) the Trade and Environment Policy Advisory 
Committee (or successor advisory committee) estab-
lished under section 135(c)(1) of the Trade Act of 
1974 (19 U.S.C. 2155(c)(1)). 
(d) UPDATE.—The Interagency Environment Com-
mittee shall— 
(1) update the assessment required by sub-
section (a) at the appropriate time prior to submis-
sion 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 re-
port. 
(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 re-
quired by subsection (d); and 
(2) in preparing the report required by sub-
section (c). 
SEC. 813. MONITORING ACTIONS. 
(a) IN GENERAL.—The Interagency Environment 
Committee shall carry out monitoring actions, which shall
215 
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 environ-
mental obligations, request enforcement actions 
under section 814 with respect to the USMCA 
country. 
(2) WRITTEN
JUSTIFICATION.—If the Inter-
agency Environment Committee finds that a 
USMCA country is not in compliance with its envi-
ronmental obligations under paragraph (1)(B) and 
determines not to request enforcement actions under 
section 814 with respect to the USMCA country, the
216 
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 ENVI-
RONMENT ATTACHE´S TO MEXICO.—The Interagency En-
vironment Committee shall— 
(1) review each report submitted to the Com-
mittee under section 822(b)(2); and 
(2) based on the findings of each such report, 
assess the efforts of Mexico to comply with its envi-
ronmental obligations. 
(d) UNITED STATES IMPLEMENTATION OF ENVIRON-
MENT
COOPERATION
AND
CUSTOMS
VERIFICATION 
AGREEMENT.— 
(1) VERIFICATION OF SHIPMENTS.—The Inter-
agency Environment Committee— 
(A) may request verification of particular 
shipments of Mexico under the Environment 
Cooperation and Customs Verification Agree-
ment between the United States and Mexico, 
done at Mexico City on December 10, 2019, in 
response to—
217 
(i) comments submitted by the public 
to request verification of particular ship-
ments 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 Represent-
ative to, within a reasonable period of 
time, request Mexico to provide relevant in-
formation for purposes of verification of 
particular shipments of Mexico described 
in subparagraph (A). 
(2) REVIEW OF RELEVANT INFORMATION AND 
REQUEST
FOR
ADDITIONAL
STEPS.—The Inter-
agency Environment Committee— 
(A) shall review relevant information pro-
vided by Mexico as described in paragraph 
(1)(B)(ii) to determine if the Trade Representa-
tive should request additional steps to verify in-
formation provided or related to a particular 
shipment of Mexico; and
218 
(B) may request the Trade Representative 
to, within a reasonable period of time, request 
Mexico to take such additional steps with re-
spect to the particular shipment. 
(3) CONSULTATION.—The Trade Representa-
tive, on behalf of the Interagency Environment Com-
mittee, 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 sec-
tion 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 
2155(c)(1)) regarding the public comments and rel-
evant 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 consulta-
tions under—
219 
(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 moni-
toring or enforcement actions with respect to the 
USMCA country under the provisions of law de-
scribed in section 815. 
SEC. 815. OTHER MONITORING AND ENFORCEMENT AC-
TIONS. 
(a) MARINE MAMMAL PROTECTION ACT.—The Sec-
retary 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 enforce-
ment actions under the following provisions of law: 
(1) The Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.).
220 
(2) The Magnuson-Stevens Fishery Conserva-
tion and Management Reauthorization Act of 2006 
(16 U.S.C. 1891 et seq.). 
(3) The High Seas Driftnet Fishing Morato-
rium 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, UNRE-
PORTED 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 ap-
222 
(j) CUSTOMS SEIZURE AND OTHER AUTHORITIES.— 
The Secretary of Homeland Security has authority to take 
appropriate monitoring or enforcement actions under sec-
tion 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 moni-
toring or enforcement actions under other relevant provi-
sions of law. 
(l) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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 con-
sultation with the head of any Federal agency described 
in this subtitle, shall submit to the appropriate congres-
sional committees a report on the implementation of this 
subtitle, including— 
(1) a description of efforts of the USMCA 
countries to implement their environmental obliga-
tions; and
223 
(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 sub-
section (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 environ-
mental obligations. 
(3) An explanation of how compliance with en-
vironmental obligations will be taken into consider-
ation during the ‘‘joint review’’ conducted pursuant 
to article 34.7.2 of the USMCA on the sixth anni-
versary of the entry into force of the USMCA.
224 
SEC. 817. REGULATIONS. 
The head of any Federal agency described in this sub-
title, in consultation with the Interagency Environment 
Committee, may prescribe such regulations as are nec-
essary to carry out the authorities of the Federal agency 
as provided for under this subtitle. 
Subtitle B—Other Matters 
SEC. 821. BORDER WATER INFRASTRUCTURE IMPROVE-
MENT AUTHORITY. 
(a) IN GENERAL.—The Administrator of the Envi-
ronmental Protection Agency shall, in coordination with 
eligible public entities, carry out the planning, design, con-
struction, 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 transbound-
ary 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.
225 
(2) ELIGIBLE
PUBLIC
ENTITIES.—The term 
‘‘eligible public entities’’ means— 
(A) the United States Section of the Inter-
national 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 juris-
diction 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
226 
Oceanic Atmospheric Administration may detail, on a re-
imbursable basis, one employee of each such respective 
agency to the Office of the United States Trade Rep-
resentative 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 Com-
mittee to carry out monitoring and enforcement ac-
tions with respect to the environmental obligations 
of Mexico. 
(2) Prepare and submit to the Interagency En-
vironment Committee on a quarterly basis a report 
on efforts of Mexico to comply with its environ-
mental 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.—
227 
‘‘(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 APPRO-
PRIATIONS.— 
‘‘(1) IN GENERAL.—In order to pay for the in-
crease in the United States subscription to the Bank 
under subsection (a), there are authorized to be ap-
propriated, 
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.’’.
228 
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 represent-
atives 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 re-
lated matters. 
(b) CHARTER DEFINED.—In this section, the term 
‘‘Charter’’ means the Agreement Concerning the Estab-
lishment of a Border Environment Cooperation Commis-
sion 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), be-
tween the United States and Mexico. 
SEC. 833. EFFICIENCIES AND STREAMLINING. 
The Secretary of the Treasury should direct the rep-
resentatives 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
229 
streamline and accelerate the project certification and fi-
nancing process, including through initiatives such as sin-
gle certifications for revolving facilities, programmatic cer-
tification of similar groups of small projects, expansion of 
internal authority to approve qualified projects below cer-
tain 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 Develop-
ment Bank to use the voice and vote of the United States 
to seek to require the Bank to develop performance meas-
ures that— 
(1) demonstrate how projects and financing ap-
proved 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 fre-
quently 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
230 
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 Ex-
penses’’, 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 avail-
able 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.
231 
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: Pro-
vided 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 Amer-
ican region: Provided further, That such amount is des-
ignated by the Congress as being for an emergency re-
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced 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 Ex-
penses’’, $50,000,000, to remain available until September 
30, 2023: Provided, That $30,000,000 shall be available
232 
solely to provide for additional capacity of the Office dur-
ing 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 addi-
tional full-time employees to participate in the Interagency 
Labor Committee for Monitoring and Enforcement estab-
lished pursuant to section 711 of this Act: Provided fur-
ther, That $20,000,000 shall be available to reimburse the 
necessary expenses of personnel participating in the Inter-
agency Environment Committee for Monitoring and En-
forcement established pursuant to section 811 of this Act 
during fiscal years 2020 through 2023 to monitor compli-
ance with environmental obligations (as such term is de-
fined in section 801 of this Act), including up to one addi-
tional full-time employee detailed to the United States 
Embassy in Mexico from each of the United States Fish 
and Wildlife Service, the Environmental Protection Agen-
cy, and the National Oceanic and Atmospheric Adminis-
tration: Provided further, That, if the United States Trade 
Representative determines that the additional amount ap-
propriated under this heading in this Act exceeds the 
amount sufficient to provide for the reimbursement of per-
sonnel specified in the previous proviso, such excess 
amounts may be used to reimburse the necessary expenses 
of additional personnel participating in the Interagency
233 
Environment Committee for Monitoring and Enforcement 
during fiscal years 2020 through 2023 to monitor compli-
ance with environmental obligations (as such term is de-
fined 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 Enforce-
ment Trust Fund’’, $40,000,000, to remain available until 
September 30, 2023, to carry out the enforcement of envi-
ronmental obligations under the USMCA, including for 
state-to-state dispute settlement actions, during fiscal 
years 2020 through 2023: Provided, That, amounts appro-
priated in this paragraph shall not count toward the limi-
tation specified in section 611(b)(2) of the Trade Facilita-
tion 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 Budg-
et and Emergency Deficit Control Act of 1985.