United States-Mexico-Canada Agreement Implementation Act

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

An Act

To implement the Agreement between the United States of America, the United Mexican States, and Canada attached as an Annex to the Protocol Replacing the North American Free Trade Agreement.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short Title; Table of Contents.

(a)

Short Title.— This Act may be cited as the “United States-Mexico-Canada Agreement Implementation Act”.

(b)

Table of Contents.— The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purpose.

Sec. 3. Definitions.

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

Sec. 101. Approval and entry into force of the USMCA.

Sec. 102. Relationship of the USMCA to United States and State law.

Sec. 103. Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority.

Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed actions.

Sec. 105. Administration of dispute settlement proceedings.

Sec. 106. Trade Representative authority.

Sec. 107. Effective date.

TITLE II— CUSTOMS PROVISIONS

Sec. 201. Exclusion of originating goods of USMCA countries from special agriculture safeguard authority.

Sec. 202. Rules of origin.

Sec. 202A. Special rules for automotive goods.

Sec. 203. Merchandise processing fee.

Sec. 204. Disclosure of incorrect information; false certifications of origin; denial of preferential tariff treatment.

Sec. 205. Reliquidation of entries.

Sec. 206. Recordkeeping requirements.

Sec. 207. Actions regarding verification of claims under the USMCA.

Sec. 208. Drawback [reserved].

Sec. 209. Other amendments to the Tariff Act of 1930.

Sec. 210. Regulations.

TITLE III— APPLICATION OF USMCA TO SECTORS AND SERVICES

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

Subtitle B— Temporary Entry of Business Persons [reserved]

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

Sec. 321. Definitions.

Sec. 322. Investigations and determinations by Commission.

Sec. 323. Commission recommendations and report.

Sec. 324. Action by President with respect to affirmative determination.

Sec. 325. Confidential business information.

Sec. 326. Conforming amendments.

Sec. 327. Survey of operating authorities.

TITLE IV— ANTIDUMPING AND COUNTERVAILING DUTIES

Subtitle A— Preventing Duty Evasion

Sec. 401. Cooperation on duty evasion.

Subtitle B— Dispute Settlement [reserved]

Subtitle C— Conforming Amendments

Sec. 421. Judicial review in antidumping duty and countervailing duty cases.

Sec. 422. Conforming amendments to other provisions of the Tariff Act of 1930.

Sec. 423. Conforming amendments to title 28, United States Code.

Subtitle D— General Provisions

Sec. 431. Effect of termination of USMCA country status.

Sec. 432. Effective date.

TITLE V— TRANSFER PROVISIONS AND OTHER AMENDMENTS

Sec. 501. Drawback.

Sec. 502. Relief from injury caused by import competition.

Sec. 503. Temporary entry.

Sec. 504. Dispute settlement in antidumping and countervailing duty cases.

Sec. 505. Government procurement.

Sec. 506. Actions affecting United States cultural industries.

Sec. 507. Regulatory treatment of uranium purchases.

Sec. 508. Report on amendments to existing law.

TITLE VI— TRANSITION TO AND EXTENSION OF USMCA

Subtitle A— Transitional Provisions

Sec. 601. Repeal of North American Free Trade Agreement Implementation Act.

Sec. 602. Continued suspension of the United States-Canada Free-Trade Agreement.

Subtitle B— Joint Reviews Regarding Extension of USMCA

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

Subtitle C— Termination of USMCA

Sec. 621. Termination of USMCA.

TITLE VII— LABOR MONITORING AND ENFORCEMENT

Sec. 701. Definitions.

Subtitle A— Interagency Labor Committee for Monitoring and Enforcement

Sec. 711. Interagency labor committee for monitoring and enforcement.

Sec. 712. Duties.

Sec. 713. Enforcement priorities.

Sec. 714. Assessments.

Sec. 715. Recommendation for enforcement action.

Sec. 716. Petition process.

Sec. 717. Hotline.

Sec. 718. Reports.

Sec. 719. Consultations on appointment and funding of rapid response labor panelists.

Subtitle B— Mexico Labor Attachés

Sec. 721. Establishment.

Sec. 722. Duties.

Sec. 723. Status.

Subtitle C— Independent Mexico Labor Expert Board

Sec. 731. Establishment.

Sec. 732. Membership; term.

Sec. 733. Funding.

Sec. 734. Reports.

Subtitle D— Forced Labor

Sec. 741. Forced labor enforcement task force.

Sec. 742. Timeline required.

Sec. 743. Reports required.

Sec. 744. Duties related to Mexico.

Subtitle E— Enforcement Under Rapid Response Labor Mechanism

Sec. 751. Transmission of reports.

Sec. 752. Suspension of liquidation.

Sec. 753. Final remedies.

TITLE VIII— ENVIRONMENT MONITORING AND ENFORCEMENT

Sec. 801. Definitions.

Subtitle A— Interagency Environment Committee for Monitoring and Enforcement

Sec. 811. Establishment.

Sec. 812. Assessment.

Sec. 813. Monitoring actions.

Sec. 814. Enforcement actions.

Sec. 815. Other monitoring and enforcement actions.

Sec. 816. Report to Congress.

Sec. 817. Regulations.

Subtitle B— Other Matters

Sec. 821. Border water infrastructure improvement authority.

Sec. 822. Detail of personnel to Office of the United States Trade Representative.

Subtitle C— North American Development Bank

Sec. 831. General capital increase.

Sec. 832. Policy goals.

Sec. 833. Efficiencies and streamlining.

Sec. 834. Performance measures.

TITLE IX— USMCA SUPPLEMENTAL APPROPRIATIONS ACT, 2019

SEC. 2. Purpose.

The purpose of this Act is to approve and implement the Agreement between the United States of America, the United Mexican States, and Canada entered into under the authority of section 103(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202(b)).

SEC. 3. Definitions.

In this Act:

(1)

Appropriate congressional committees.— The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

(2)

HTS.— The term “HTS” means the Harmonized Tariff Schedule of the United States.

(3)

Identical goods.— The term “identical goods” means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods.

(4)

International trade commission.— The term “International Trade Commission” means the United States International Trade Commission.

(5)

Mexico.— The term “Mexico” means the United Mexican States.

(6)

NAFTA.— The term “NAFTA” means the North American Free Trade Agreement approved by Congress under section 101(a)(1) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3311(a)(1)).

(7)

Preferential tariff treatment.— The term “preferential tariff treatment” means the customs duty rate that is applicable to an originating good (as defined in section 202(a)) under the USMCA.

(8)

Trade representative.— The term “Trade Representative” means the United States Trade Representative.

(9)

USMCA.— The term “USMCA” means the Agreement between the United States of America, the United Mexican States, and Canada, which is—

(A)

attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019; and

(B)

approved by Congress under section 101(a)(1).

(10)

USMCA country.— Except as otherwise provided, the term “USMCA country” means—

(A)

Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada; and

(B)

Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.

Lineage

Jan 29, 2020reading now Pub. L. 116–113 Enacted
Jan 29, 2020 H.R. 5430 · Enrolled Bill Congress
Jan 3, 2020 H.R. 5430 · Reported in Senate Senate Received; read twice and referred jointly to the Committees on Finance, Health, Education, Labor, and Pensions, Environment and Public Works, Appropriations, Foreign Relations, Commerce, Science, and Transportation, and the Budget pursuant to section 151(e)(2) of the Trade Act of 1974
Jan 3, 2020 H.R. 5430 · Referred in Senate Senate Received; read twice and referred jointly to the Committees on Finance, Health, Education, Labor, and Pensions, Environment and Public Works, Appropriations, Foreign Relations, Commerce, Science, and Transportation, and the Budget pursuant to section 151(e)(2) of the Trade Act of 1974
Dec 19, 2019 H.R. 5430 · Engrossed in House House
Dec 13, 2019 H.R. 5430 · Reported in House House Mr. Hoyer (for himself and Mr. McCarthy) (both by request) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and Labor, Natural Resources, Foreign Affairs, the Judiciary, the Budget, Transportation and Infrastructure, Financial Services, Agriculture, Energy and Commerce, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
Dec 13, 2019 H.R. 5430 · Introduced in House House Mr. Hoyer (for himself and Mr. McCarthy) (both by request) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and Labor, Natural Resources, Foreign Affairs, the Judiciary, the Budget, Transportation and Infrastructure, Financial Services, Agriculture, Energy and Commerce, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

United States-Mexico-Canada Agreement Implementation Act

SECTION 1. Short Title; Table of Contents.

SEC. 2. Purpose.

SEC. 3. Definitions.

Cite this provision

Incoming references