Title V — Transfer Provisions and Other Amendments

116th Congress · Approved Jan 29, 2020 · 134 Stat. 11

TITLE V Transfer Provisions and Other Amendments

SEC. 501. Drawback.

(a)

Clerical Amendment.— Section 208 of this Act is amended in the section heading by striking “ [reserved]”.

(b)

USMCA Drawback.— Subsection (a) of section 203 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3333) is—

(1)

transferred to section 208 of this Act;

(2)

inserted after the section heading for that section (as amended by subsection (a)); and

(3)

amended—

(A)

by striking “ NAFTA country” each place it appears and inserting “ USMCA country”;

(B)

in the subsection heading, by striking “ NAFTA” and inserting “ USMCA”;

(C)

in the matter preceding paragraph (1)—

(i)

by striking “ and the amendments made by subsection (b)”; and

(ii)

by striking “ NAFTA drawback” and inserting “ USMCA drawback”;

(D)

in paragraph (2)—

(i)

in subparagraph (A), by inserting “ sorting, marking,” after “ repacking,”; and

(ii)

in subparagraph (B), by striking “ paragraph 12 of section A of Annex 703.2 of the Agreement” and inserting “ paragraph 11 of Annex 3–B of the USMCA”; and

(E)

by amending paragraph (6) to read as follows:

“(6) A good provided for in subheading 1701.13.20 or 1701.14.20 of the HTS that is imported under any re-export program or any like program and that is—

“(A) used as a material, or

“(B) substituted for by a good of the same kind and quality that is used as a material,

(c)

Same Kind and Quality.— Section 208 of this Act, as amended by subsection (b), is further amended by adding at the end the following:

“(b) Same Kind and Quality.—For purposes of paragraphs (3)(A)(iii), (5)(C), (6)(B), and (8) of subsection (a), and for purposes of obtaining refunds, waivers, or reductions of customs duties with respect to a good subject to USMCA drawback under section 313(n)(2) of the Tariff Act of 1930 (19 U.S.C. 1313(n)(2)), a good is a good of the same kind and quality as another good—

“(1) for a good described in such paragraph (6)(B), if the good would have been considered of the same kind and quality as the other good on the day before the date on which the USMCA enters into force; or

“(2) for other goods if—

“(A) the good is classified under the same 8-digit HTS subheading number as the other good; or

“(B) drawback would be allowed with respect to the goods under subsection (b)(4), (j)(1), or (p) of section 313 of the Tariff Act of 1930 (19 U.S.C. 1313).”

(d)

Certain Fees; Inapplicability to Countervailing and Antidumping Duties.— Subsections (d) and (e) of section 203 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3333) are—

(1)

transferred to section 208 of this Act;

(2)

inserted after subsection (b) of section 208 (as added by subsection (c));

(3)

redesignated as subsections (c) and (d), respectively; and

(4)

amended, in subsection (c) (as redesignated by paragraph (3)), by striking “ exported to” and all that follows through the period at the end and inserting “ exported to a USMCA country.”.

(e)

Conforming Amendments.—

(1)

Bonded manufacturing warehouses.— Section 311 of the Tariff Act of 1930 (19 U.S.C. 1311) is amended, in the eleventh paragraph—

(A)

by striking “ NAFTA” each place it appears;

(B)

by striking “ section 203(a) of the North American Free Trade Agreement Implementation Act” and inserting “ section 208(a) of the United States-Mexico-Canada Agreement Implementation Act”; and

(C)

by striking “ section 2(4) of that Act” and inserting “ section 3 of that Act”.

(2)

Bonded smelting and refining warehouses.— Section 312 of the Tariff Act of 1930 (19 U.S.C. 1312) is amended, in subsections (b) and (d)—

(A)

by striking “ NAFTA” each place it appears and inserting “ USMCA”;

(B)

by striking “ section 2(4) of the North American Free Trade Agreement Implementation Act” each place it appears and inserting “ section 3 of the United States-Mexico-Canada Agreement Implementation Act”; and

(C)

by striking “ section 203(a) of that Act” each place it appears and inserting “ section 208(a) of that Act”.

(3)

Drawback and refunds.— Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended—

(A)

in subsection (j)(4), by striking subparagraph (A) and inserting the following:

“(A)

(i) Effective upon the entry into force of the USMCA, the exportation to a USMCA country of merchandise that is fungible with and substituted for imported merchandise, other than merchandise described in paragraphs (1) through (8) of section 208(a) of the United States-Mexico-Canada Agreement Implementation Act, shall not constitute an exportation for purposes of paragraph (2).

“(ii) In this subparagraph, the terms ‘USMCA’ and ‘USMCA country’ have the meanings given those terms in section 3 of the United States-Mexico-Canada Agreement Implementation Act.”

(B)

in subsection (n)—

(i)

in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:

“(A) the term ‘USMCA country’ has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act;

“(B) the term ‘good subject to USMCA drawback’ has the meaning given that term in section 208(a) of the United States-Mexico-Canada Agreement Implementation Act;”

; and

(ii)

in paragraphs (2) and (3), by striking “ NAFTA” each place it appears and inserting “ USMCA”; and

(C)

in subsection (o), by striking “ NAFTA” each place it appears and inserting “ USMCA”.

(4)

Manipulation in warehouse.— Section 562 of the Tariff Act of 1930 (19 U.S.C. 1562) is amended—

(A)

by striking paragraph (1) and inserting the following:

“(1) without payment of duties for exportation to a USMCA country, as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act, if the merchandise is of a kind described in any of paragraphs (1) through (8) of section 208(a) of that Act;”

(B)

in paragraph (2)—

(i)

by striking “ section 203(a) of that Act” and inserting “ section 208(a) of that Act”; and

(ii)

by striking “ NAFTA” each place it appears and inserting “ USMCA”; and

(C)

in paragraphs (3) and (4), by striking “ NAFTA” each place it appears and inserting “ USMCA”.

(5)

Foreign trade zones.— Section 3(a)(2) of the Act of June 18, 1934 (commonly known as the “Foreign Trade Zones Act”) (19 U.S.C. 81c(a)(2)) is amended, in the flush text—

(A)

by striking “ goods subject to NAFTA drawback, as defined in section 203(a) of the North American Free Trade Agreement Implementation Act” and inserting “ goods subject to USMCA drawback, as defined in section 208(a) of the United States-Mexico-Canada Agreement Implementation Act”;

(B)

by striking “ a NAFTA country, as defined in section 2(4) of that Act” and inserting “ a USMCA country, as defined in section 3 of that Act”; and

(C)

by striking “ NAFTA” each place it appears and inserting “ USMCA”.

(f)

Additional Clerical Amendment.— The table of contents for this Act is amended by striking the item relating to section 208 and inserting the following:

“Sec. 208. Drawback.”.

(g)

Effective Date.—

(1)

In general.— Each transfer, redesignation, and amendment made by subsections (b) through (e) shall—

(A)

take effect on the date on which the USMCA enters into force; and

(B)

apply with respect to a good entered, or withdrawn from warehouse for consumption, on or after that date.

(2)

Transition from nafta treatment.— In the case of a good entered, or withdrawn from warehouse for consumption, before the date on which the USMCA enters into force—

(A)

the amendments made by subsections (b) through (e) shall not apply with respect to the good; and

(B)

the provisions of law amended by such subsections, as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the good.

SEC. 502. Relief from Injury Caused by Import Competition.

(a)

Clerical Amendment.— Subtitle A of title III of this Act is amended in the subtitle heading by striking “ [reserved]”.

(b)

Article Impact in Import Relief Cases.— Section 311 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3371) is—

(1)

transferred to subtitle A of title III of this Act;

(2)

inserted after the heading (as amended by subsection (a)) of such subtitle;

(3)

redesignated as section 301; and

(4)

amended—

(A)

in the section heading, by striking “ nafta” and inserting “ usmca”;

(B)

in subsection (c), by striking “ section 312(a)” and inserting “ section 302(a)”; and

(C)

by striking “ NAFTA” each place it appears and inserting “ USMCA”.

(c)

Presidential Action Regarding Imports.— Section 312 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3372) is—

(1)

transferred to subtitle A of title III of this Act;

(2)

inserted after section 301 (as inserted and redesignated by subsection (b));

(3)

redesignated as section 302; and

(4)

amended—

(A)

in the section heading, by striking “ nafta” and inserting “ usmca”;

(B)

in subsection (b), in the subsection heading, by striking “ NAFTA” and inserting “ USMCA”;

(C)

in subsection (c), in the subsection heading, by striking “ NAFTA” and inserting “ USMCA”; and

(D)

by striking “ NAFTA” each place it appears and inserting “ USMCA”.

(d)

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

“Subtitle A— Relief From Injury Caused by Import Competition

“Sec. 301. USMCA article impact in import relief cases under the Trade Act of 1974.

“Sec. 302. Presidential action regarding USMCA imports.”.

(e)

Effective Date.—

(1)

In general.— Each transfer, redesignation, and amendment made by this section shall—

(A)

take effect on the date on which the USMCA enters into force; and

(B)

apply with respect to an investigation under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) initiated on or after that date.

(2)

Transition from nafta.— In the case of an investigation under chapter 1 of title II of the Trade Act of 1974 initiated before the date on which the USMCA enters into force—

(A)

the transfers, redesignations, and amendments made by this section shall not apply with respect to the investigation; and

(B)

sections 311 and 312 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3371 and 3372), as in effect on the day before that date, shall continue to apply on and after that date with respect to the investigation.

SEC. 503. Temporary Entry.

(a)

Clerical Amendment.— Subtitle B of title III of this Act is amended in the subtitle heading by striking “ [reserved]”.

(b)

Nonimmigrant Traders and Investors.— Section 341 of the North American Free Trade Agreement Implementation Act (Public Law 103–182; 107 Stat. 2116) is—

(1)

transferred to subtitle B of title III of this Act;

(2)

inserted after the heading (as amended by subsection (a)) of such subtitle;

(3)

redesignated as section 311; and

(4)

amended—

(A)

by striking subsections (b) and (c);

(B)

by striking “ (a)” and all that follows through “ Upon” and inserting “ Upon”;

(C)

by striking “ the Agreement” each place it appears and inserting “ the USMCA”;

(D)

by striking “ Annex 1603” and inserting “ Annex 16–A”; and

(E)

by striking “ Annex 1608” and inserting “ article 16.1”.

(c)

Nonimmigrant Professionals.— Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended—

(1)

in subsection (e)—

(A)

by striking paragraphs (1), (3), (4), and (5);

(B)

by redesignating paragraphs (2) and (6) as paragraphs (1) and (2), respectively; and

(C)

in paragraph (1), as redesignated by subparagraph (B)—

(i)

by striking “ Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as ‘NAFTA’)” and inserting “ Annex 16–A of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”; and

(ii)

by striking the third and fourth sentences and inserting the following: “ For purposes of this paragraph, the term ‘citizen of Mexico’ means ‘citizen’ as defined in article 16.1 of the USMCA.”; and

(2)

in subsection (j)(1)—

(A)

in the first sentence, by striking “ Annex 1603 of the North American Free Trade Agreement” and inserting “ Annex 16–A of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”;

(B)

in the second sentence, by striking “ article 1603 of such Agreement” and inserting “ article 16.4 of the USMCA”; and

(C)

in the third sentence, by striking “ Annex 1608 of such Agreement” and inserting “ article 16.1 of the USMCA”.

(d)

Conforming Amendments.—

(1)

Integrated entry and exit data system.— Section 110(c)(1)(B) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(c)(1)(B)) is amended by striking “ North American Free Trade Agreement” and inserting “ USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”.

(2)

Enhanced border security and visa entry reform act of 2002.— Section 604 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1773) is amended by striking “ North American Free Trade Agreement” and inserting “ USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”.

(e)

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

“Subtitle B— Temporary Entry of Business Persons

“Sec. 311. Temporary entry.”.

(f)

Effective Date.—

(1)

In general.— Each transfer, redesignation, and amendment made by this section shall—

(A)

take effect on the date on which the USMCA enters into force; and

(B)

apply with respect to a visa issued on or after that date.

(2)

Transition from nafta.— In the case of a visa issued before the date on which the USMCA enters into force—

(A)

the transfers, redesignations, and amendments made by this section shall not apply with respect to the visa; and

(B)

the provisions of law amended by subsections (b) through (d), as such provisions were in effect on the day before that date, shall continue to apply on and after that date with respect to the visa.

SEC. 504. Dispute Settlement in Antidumping and Countervailing Duty Cases.

(a)

Clerical Amendment.— Subtitle B of title IV of this Act is amended in the subtitle heading by striking “ [reserved]”.

(b)

References in Subtitle.— Section 401 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431) is—

(1)

transferred to subtitle B of title IV of this Act and inserted after the heading (as amended by subsection (a)) of such subtitle;

(2)

redesignated as section 411; and

(3)

amended by striking “ the Agreement” and inserting “ the USMCA”.

(c)

Organizational and Administrative Provisions.— Section 402 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3432) is—

(1)

transferred to subtitle B of title IV of this Act and inserted after section 411 (as inserted and redesignated by subsection (b));

(2)

redesignated as section 412; and

(3)

amended—

(A)

in subsection (a)—

(i)

in paragraph (1)—

(I)

in subparagraph (D), by striking “ in paragraph 1” and all that follows and inserting “ in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; and”;

(II)

in subparagraph (E), by striking “ chapter 19” and inserting “ chapter 10”; and

(III)

in the matter following subparagraph (E), by striking “ in paragraph 1” and all that follows through “ Annex 1904.13” and inserting “ in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3”; and

(ii)

in paragraph (2)—

(I)

in the paragraph heading, by striking “ under” and all that follows before the period; and

(II)

in the text—

(aa)

by striking “ paragraph 1 of Annex 1901.2” and inserting “ paragraph 1 of Annex 10–B.1”;

(bb)

by striking “ chapter 19” each place it appears and inserting “ chapter 10”; and

(cc)

by striking “ article 1905” and inserting “ article 10.13”;

(B)

in subsection (b)(1)—

(i)

by striking “ chapter 19” each place it appears and inserting “ chapter 10”; and

(ii)

by striking “ article 1905” and inserting “ article 10.13”;

(C)

in subsection (c)—

(i)

in paragraph (1)—

(I)

by striking “ chapter 19” each place it appears and inserting “ chapter 10”; and

(II)

by striking “ article 1905” and inserting “ article 10.13”;

(ii)

in paragraph (2)(B)—

(I)

by striking “ chapter 19” each place it appears and inserting “ chapter 10”; and

(II)

in clause (i)(II), by striking “ article 1905” and inserting “ article 10.13”;

(iii)

in paragraph (3)—

(I)

in subparagraph (A)(i), by striking “ Annex 1901.2” and inserting “ Annex 10–B.1”;

(II)

in subparagraph (A)(ii), by striking “ under Annex 1904.13” and all that follows and inserting “ under Annex 10–B.3 and special committees under article 10.13.”; and

(III)

in subparagraph (B)(i), by striking “ chapter 19” and inserting “ chapter 10”; and

(iv)

in paragraph (4)—

(I)

in subparagraph (A), by striking “ chapter 19” and inserting “ chapter 10”; and

(II)

in subparagraph (C)(iv)(III), by striking “ chapter 19” and inserting “ chapter 10”;

(D)

in subsection (d)—

(i)

in paragraph (1)—

(I)

in subparagraph (A), by striking “ in paragraph 1” and all that follows and inserting “ in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or”; and

(II)

in subparagraph (B), by striking “ chapter 19” and inserting “ chapter 10”;

(ii)

in paragraph (2)—

(I)

in subparagraph (A)(i), by striking “ in paragraph 1” and all that follows through “ during” and inserting “ in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during”;

(II)

in subparagraph (A)(ii)—

(aa)

by striking “ chapter 19” and inserting “ chapter 10”; and

(bb)

by striking “ the Agreement” and inserting “ the USMCA”;

(III)

in subparagraph (A)(iii), by striking “ NAFTA” and inserting “ USMCA”;

(IV)

in subparagraph (B)(i), by striking “ in paragraph 1” and all that follows and inserting “ in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or”; and

(V)

in subparagraph (B)(ii), by striking “ chapter 19” and inserting “ chapter 10”; and

(iii)

in paragraph (3)—

(I)

in subparagraph (A), by striking “ in paragraph 1” and all that follows through “ during” and inserting “ in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during”; and

(II)

in subparagraph (B), by striking “ chapter 19” and inserting “ chapter 10”;

(E)

in subsection (e), in the matter preceding paragraph (1)—

(i)

by striking “ the Agreement” and inserting “ the USMCA”;

(ii)

by striking “ between the United States” and all that follows through “ NAFTA country”; and

(iii)

by striking “ January 3, 1994” and inserting “ January 3, 2020”;

(F)

in subsection (f), by striking “ chapter 19” and inserting “ chapter 10”;

(G)

in subsection (g), by striking “ chapter 19” and inserting “ chapter 10”; and

(H)

in subsection (h), by striking “ chapter 19” and inserting “ chapter 10”.

(d)

Testimony and Production of Papers.— Section 403 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3433) is—

(1)

transferred to subtitle B of title IV of this Act and inserted after section 412 (as inserted and redesignated by subsection (c));

(2)

redesignated as section 413; and

(3)

amended in subsection (a), in the matter preceding paragraph (1), by striking “ under paragraph 13” and all that follows through “ the committee—” and inserting “ under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee—”.

(e)

Requests for Review of Determinations.— Section 404 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3434) is—

(1)

transferred to subtitle B of title IV of this Act and inserted after section 413 (as inserted and redesignated by subsection (d));

(2)

redesignated as section 414; and

(3)

amended—

(A)

in the section heading, by striking “ of nafta countries”;

(B)

in subsection (a)—

(i)

in paragraph (1), by striking “ article 1911” and all that follows and inserting “ article 10.8, of a USMCA country.”; and

(ii)

in paragraph (2), by striking “ article 1908” and inserting “ article 10.16”;

(C)

in subsection (b), by striking “ article 1904” and inserting “ article 10.12”; and

(D)

in subsection (c), by striking “ article 1904” each place it appears and inserting “ article 10.12”.

(f)

Rules of Procedure for Panels and Committees.— Section 405 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3435) is—

(1)

transferred to subtitle B of title IV of this Act and inserted after section 414 (as inserted and redesignated by subsection (e));

(2)

redesignated as section 415; and

(3)

amended—

(A)

in subsection (a), in the matter preceding paragraph (1), by striking “ article 1904” and inserting “ article 10.12”;

(B)

in subsection (b), by striking “ Annex 1904.13” and inserting “ Annex 10–B.3”; and

(C)

in subsection (c), by striking “ Annex 1905.6” and inserting “ Annex 10–B.4”.

(g)

Subsidy Negotiations.— Section 406 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3436) is—

(1)

transferred to subtitle B of title IV of this Act and inserted after section 415 (as inserted and redesignated by subsection (f));

(2)

redesignated as section 416; and

(3)

amended, in the matter preceding paragraph (1), by striking “ NAFTA country” and inserting “ USMCA country”.

(h)

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

(1)

transferred to subtitle B of title IV of this Act and inserted after section 416 (as inserted and redesignated by subsection (g));

(2)

redesignated as section 417; and

(3)

amended—

(A)

in subsection (a)(1)(A)—

(i)

by striking “ the Agreement” and inserting “ the USMCA”; and

(ii)

by striking “ NAFTA country” and inserting “ USMCA country”;

(B)

in subsection (c), in the matter following paragraph (3), by striking “ NAFTA countries” and inserting “ USMCA countries”; and

(C)

in subsection (d)(3), by striking “ the Agreement” and inserting “ the USMCA”.

(i)

Treatment of Amendments to Law.— Section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438) is—

(1)

transferred to subtitle B of title IV of this Act and inserted after section 417 (as inserted and redesignated by subsection (h));

(2)

redesignated as section 418; and

(3)

amended—

(A)

in the matter preceding paragraph (1), by striking “ the Agreement” and all that follows through “ United States” and inserting “ the USMCA”; and

(B)

in the flush text, by striking “ NAFTA country” and inserting “ USMCA country”.

(j)

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

“Subtitle B— Dispute Settlement

“Sec. 411. References in subtitle.

“Sec. 412. Organizational and administrative provisions.

“Sec. 413. Testimony and production of papers in extraordinary challenges.

“Sec. 414. Requests for review of determination by competent investigating authorities.

“Sec. 415. Rules of procedure for panels and committees.

“Sec. 416. Subsidy negotiations.

“Sec. 417. Identification of industries facing subsidized imports.

“Sec. 418. Treatment of amendments to antidumping and countervailing duty law.”.

(k)

Effective Date.—

(1)

In general.— Each transfer, redesignation, and amendment made by this section shall take effect on the date on which the USMCA enters into force, but shall not apply—

(A)

to any final determination described in paragraph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determination described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before such date; and

(B)

to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.

(2)

Transition from nafta.— The transfers, redesignations, and amendments made by this section shall not apply, and the provisions of title IV of the North American Free Trade Agreement Implementation Act, as in effect on the day before the date on which the USMCA enters into force, shall continue to apply on and after that date with respect—

(A)

(B)

to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before the date on which the USMCA enters into force.

SEC. 505. Government Procurement.

(a)

General Authority To Modify Discriminatory Purchasing Requirements.— Section 301 of the Trade Agreements Act of 1979 (19 U.S.C. 2511) is amended—

(1)

in subsection (b)(1), by striking “ the North American Free Trade Agreement” and inserting “ the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”; and

(2)

in subsection (e)—

(A)

by striking “ Annex 1001.1a–2 of the North American Free Trade Agreement” and inserting “ Annex 13–A of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”; and

(B)

by striking “ chapter 10 of such Agreement” and inserting “ chapter 13 of the USMCA”.

(b)

Definitions.— Section 308(4)(A)(ii) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)(ii)) is amended—

(1)

by striking “ a party to the North American Free Trade Agreement,” and inserting “ Mexico, as a party to the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act),”; and

(2)

by striking “ the North American Free Trade Agreement for” and inserting “ the USMCA for”.

(c)

Effective Date.—

(1)

In general.— The amendments made by subsections (a) and (b) shall—

(A)

take effect on the date on which the USMCA enters into force; and

(B)

apply with respect to a procurement on or after that date.

(2)

Transition from nafta treatment.— In the case of a procurement before the date on which the USMCA enters into force—

(A)

the amendments made by subsections (a) and (b) to sections 301 and 308 of the Trade Agreements Act of 1979 (19 U.S.C. 2511 and 2518) shall not apply with respect to the contract; and

(B)

sections 301 and 308 of such Act, as in effect on the day before that date, shall continue to apply on and after that date with respect to the contract.

SEC. 506. Actions Affecting United States Cultural Industries.

(a)

In General.— Section 182(f) of the Trade Act of 1974 (19 U.S.C. 2242(f)) is amended—

(1)

in paragraph (1)(C), by striking “ article 2106 of the North American Free Trade Agreement” and inserting “ article 32.6 of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”; and

(2)

in paragraph (2), in the matter preceding subparagraph (A), by striking “ article 2106 of the North American Free Trade Agreement” and inserting “ article 32.6 of the USMCA”.

(b)

Effective Date.— The amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force.

SEC. 507. Regulatory Treatment of Uranium Purchases.

(a)

In General.— Section 1017(c) of the Energy Policy Act of 1992 (42 U.S.C. 2296b–6(c)) is amended by striking “ North American Free Trade Agreement” and inserting “ USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”.

(b)

Effective Date.— The amendment made by subsection (a) shall take effect on the date on which the USMCA enters into force.

SEC. 508. Report on Amendments to Existing Law.

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

Title V — Transfer Provisions and Other Amendments