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Pub. L.
Notes

Title VI — Transition to and Extension of Usmca

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

TITLE VI Transition to and Extension of Usmca

Subtitle A Transitional Provisions

* * Note: Classifications for Section 601: 15 USC 1052 note; 19 USC 58c notes, 1304 note, 1313 note, 1499 note, 1593a note, 1677l, 2101 note, 2112 note, 2271 note, 2511 note, 2707 note, 3301 and note, 3311 and note, 3312–3317, 3331 and note, 3332–3335, 3351 and note, 3352–3358, 3381, 3382, 3391, 3401 note, 3411, 3421, 3431 note, 3451, 3461 and note, 3462, 3463, 3471–3473; 22 USC 290m—290m–5, 290m–7; 26 USC 3306 notes, 6103 notes, 6302 notes, 9505 note; 28 USC 1581 note. SEC. 601. Repeal of North American Free Trade Agreement Implementation Act.

The North American Free Trade Agreement Implementation Act (Public Law 103–182; 19 U.S.C. 3301 et seq.) is repealed, effective on the date on which the USMCA enters into force.

SEC. 602. Continued Suspension of the United States-Canada Free-Trade Agreement.

Section 501(c)(3) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (Public Law 100–449; 19 U.S.C. 2112 note) is amended—
(1)
in the paragraph heading, by striking “ nafta” and inserting “ usmca”; and
(2)
in the matter preceding subparagraph (A), by striking “ between them of the North American Free Trade Agreement” and inserting “ of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)”.

Subtitle B Joint Reviews Regarding Extension of USMCA

SEC. 611. Participation in Joint Reviews with Canada and Mexico Regarding Extension of the Term of the Usmca and Other Action Regarding the Usmca.

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

Subtitle C Termination of USMCA

SEC. 621. Termination of Usmca.

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