19 U.S.C. § 4713 (CUSTOMS DUTIES)
§ 4713. Monitoring actions
(a) In general
The Interagency Environment Committee shall carry out monitoring actions, which shall include the monitoring actions described in subsections (b), (c), and (d), with respect to the implementation and maintenance of the environmental obligations of the USMCA countries.
(b) Review of CEC Secretariat submissions
(1) In general
Not later than 30 days after the date on which the Secretariat of the Commission for Environmental Cooperation prepares a factual record under article 24.28 of the USMCA relating to a submission filed under article 24.27 of the USMCA with respect to a USMCA country, the Interagency Environment Committee—
(A) shall review the factual record; and
(B) may, based on findings of the review under subparagraph (A) that the USMCA country is not in compliance with its environmental obligations, request enforcement actions under section 4714 of this title with respect to the USMCA country.
(2) Written justification
If the Interagency Environment Committee finds that a USMCA country is not in compliance with its environmental obligations under paragraph (1)(B) and determines not to request enforcement actions under section 4714 of this title with respect to the USMCA country, the Committee shall, not later than 30 days after the date on which it makes the determination, provide to the appropriate congressional committees a written explanation and justification of the determination.
(c) Review of reports of United States environment attachés to Mexico
The Interagency Environment Committee shall—
(1) review each report submitted to the Committee under section 4732(b)(2) of this title; and
(2) based on the findings of each such report, assess the efforts of Mexico to comply with its environmental obligations.
(d) United States implementation of Environment Cooperation and Customs Verification Agreement
(1) Verification of shipments
The Interagency Environment Committee—
(A) may request verification of particular shipments of Mexico under the Environment Cooperation and Customs Verification Agreement between the United States and Mexico, done at Mexico City on December 10, 2019, in response to—
(i) comments submitted by the public to request verification of particular shipments of Mexico under such Agreement; or
(ii) on its own motion; and
(B) upon receipt of comments described in subparagraph (A)(i)—
(i) shall review the comments not later than 30 days after the date on which the comments are submitted to the Trade Representative; and
(ii) may request the Trade Representative to, within a reasonable period of time, request Mexico to provide relevant information for purposes of verification of particular shipments of Mexico described in subparagraph (A).
(2) Review of relevant information and request for additional steps
The Interagency Environment Committee—
(A) shall review relevant information provided by Mexico as described in paragraph (1)(B)(ii) to determine if the Trade Representative should request additional steps to verify information provided or related to a particular shipment of Mexico; and
(B) may request the Trade Representative to, within a reasonable period of time, request Mexico to take such additional steps with respect to the particular shipment.
(3) Consultation
The Trade Representative, on behalf of the Interagency Environment Committee, shall, on a quarterly basis, consult with the appropriate congressional committees and the Trade and Environment Policy Advisory Committee (or successor advisory committee) established under section 2155(c)(1) of this title regarding the public comments and relevant information described in paragraph (1) and the actions taken under paragraph (2).
(e) Application
Subsections (c) and (d) shall apply with respect to Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.
(Pub. L. 116–113, title VIII, § 813, Jan. 29, 2020, 134 Stat. 92.)