#aafth ,,congress #ast ,session ,h4 ,r4 #edcj ,,an ,,act ,to implement the ,agreement between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada attached as an ,annex to the ,protocol ,replacing the ,north ,american ,free ,trade ,agreement4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,purpose4 ,sec4 #c4 ,definitions4 ,title ,i--,approval of1 and general provisions relating to1 the ,,usmca ,sec4 #aja4 ,approval and entry into force of the ,,usmca4 ,sec4 #ajb4 ,relationship of the ,,usmca to ,united ,states and ,state law4 ,sec4 #ajc4 ,implementing actions in anticipation of entry into force2 initial regulations2 tariff proclamation authority4 ,sec4 #ajd4 ,consultation and layover provisions for1 and effective date of1 proclaimed actions4 ,sec4 #aje4 ,administration of dispute settlement proceedings4 ,sec4 #ajf4 ,trade ,representative authority4 ,sec4 #ajg4 ,effective date4 ,title ,,ii--,customs provisions ,sec4 #bja4 ,exclusion of originating goods of ,,usmca countries from special agriculture safeguard authority4 ,sec4 #bjb4 ,rules of origin4 ,sec4 #bjb;,a4 ,special rules for automotive goods4 ,sec4 #bjc4 ,merchandise processing fee4 ,sec4 #bjd4 ,disclosure of incorrect information2 false certifications of origin2 denial of preferential tariff treatment4 ,sec4 #bje4 ,reliquidation of entries4 ,sec4 #bjf4 ,recordkeeping requirements4 ,sec4 #bjg4 ,actions regarding verification of claims under the ,,usmca4 ,sec4 #bjh4 ,drawback reserved4 ,sec4 #bji4 ,other amendments to the ,tariff ,act of #aicj4 ,sec4 #baj4 ,regulations4 ,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 ,sec4 #cba4 ,definitions4 ,sec4 #cbb4 ,investigations and determinations by ,commission4 ,sec4 #cbc4 ,commission recommendations and report4 ,sec4 #cbd4 ,action by ,president with respect to affirmative determination4 ,sec4 #cbe4 ,confidential business information4 ,sec4 #cbf4 ,conforming amendments4 ,sec4 #cbg4 ,survey of operating authorities4 ,title ,,iv--,antidumping and countervailing duties ,subtitle ,a--,preventing duty evasion ,sec4 #dja4 ,cooperation on duty evasion4 ,subtitle ,b--,dispute settlement reserved ,subtitle ,c--,conforming amendments ,sec4 #dba4 ,judicial review in antidumping duty and countervailing duty cases4 ,sec4 #dbb4 ,conforming amendments to other provisions of the ,tariff ,act of #aicj4 ,sec4 #dbc4 ,conforming amendments to title #bh1 ,united ,states ,code4 ,subtitle ,d--,general provisions ,sec4 #dca4 ,effect of termination of ,,usmca country status4 ,sec4 #dcb4 ,effective date4 ,title ,v--,transfer provisions and other amendments ,sec4 #eja4 ,drawback4 ,sec4 #ejb4 ,relief from injury caused by import competition4 ,sec4 #ejc4 ,temporary entry4 ,sec4 #ejd4 ,dispute settlement in antidumping and countervailing duty cases4 ,sec4 #eje4 ,government procurement4 ,sec4 #ejf4 ,actions affecting ,united ,states cultural industries4 ,sec4 #ejg4 ,regulatory treatment of uranium purchases4 ,sec4 #ejh4 ,report on amendments to existing law4 ,title ,,vi--,transition to and extension of ,,usmca ,subtitle ,a--,transitional provisions ,sec4 #fja4 ,repeal of ,north ,american ,free ,trade ,agreement ,implementation ,act4 ,sec4 #fjb4 ,continued suspension of the ,united ,states-,canada ,free-,trade ,agreement4 ,subtitle ,b--,joint reviews regarding extension of ,,usmca ,sec4 #faa4 ,participation in joint reviews with ,canada and ,mexico regarding extension of the term of the ,,usmca and other action regarding the ,,usmca4 ,subtitle ,c--,termination of ,,usmca ,sec4 #fba4 ,termination of ,,usmca4 ,title ,,vii--,labor monitoring and enforcement ,sec4 #gja4 ,definitions4 ,subtitle ,a--,interagency ,labor ,committee for ,monitoring and ,enforcement ,sec4 #gaa4 ,interagency labor committee for monitoring and enforcement4 ,sec4 #gab4 ,duties4 ,sec4 #gac4 ,enforcement priorities4 ,sec4 #gad4 ,assessments4 ,sec4 #gae4 ,recommendation for enforcement action4 ,sec4 #gaf4 ,petition process4 ,sec4 #gag4 ,hotline4 ,sec4 #gah4 ,reports4 ,sec4 #gai4 ,consultations on appointment and funding of rapid response labor panelists4 ,subtitle ,b--,mexico labor attachs ,sec4 #gba4 ,establishment4 ,sec4 #gbb4 ,duties4 ,sec4 #gbc4 ,status4 ,subtitle ,c--,independent ,mexico ,labor ,expert ,board ,sec4 #gca4 ,establishment4 ,sec4 #gcb4 ,membership2 term4 ,sec4 #gcc4 ,funding4 ,sec4 #gcd4 ,reports4 ,subtitle ,d--,forced labor ,sec4 #gda4 ,forced labor enforcement task force4 ,sec4 #gdb4 ,timeline required4 ,sec4 #gdc4 ,reports required4 ,sec4 #gdd4 ,duties related to ,mexico4 ,subtitle ,e--,enforcement under rapid response labor mechanism ,sec4 #gea4 ,transmission of reports4 ,sec4 #geb4 ,suspension of liquidation4 ,sec4 #gec4 ,final remedies4 ,title ,,viii--,environment monitoring and enforcement ,sec4 #hja4 ,definitions4 ,subtitle ,a--,interagency ,environment ,committee for ,monitoring and ,enforcement ,sec4 #haa4 ,establishment4 ,sec4 #hab4 ,assessment4 ,sec4 #hac4 ,monitoring actions4 ,sec4 #had4 ,enforcement actions4 ,sec4 #hae4 ,other monitoring and enforcement actions4 ,sec4 #haf4 ,report to ,congress4 ,sec4 #hag4 ,regulations4 ,subtitle ,b--,other matters ,sec4 #hba4 ,border water infrastructure improvement authority4 ,sec4 #hbb4 ,detail of personnel to ,office of the ,united ,states ,trade ,representative4 ,subtitle ,c--,north ,american ,development ,bank ,sec4 #hca4 ,general capital increase4 ,sec4 #hcb4 ,policy goals4 ,sec4 #hcc4 ,efficiencies and streamlining4 ,sec4 #hcd4 ,performance measures4 ,title ,,ix--,,usmca ,supplemental ,appropriations ,act1 #bjai #b4 ,purpose ,the purpose of this ,act is to approve and implement the ,agreement between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada entered into under the authority of section #ajc7;b7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbjb7;b774 #c4 ,definitions ,in this ,act3 7#a7 ,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 ,representatives4 7#b7 ,,hts ,the term ,,hts means the ,harmonized ,tariff ,schedule of the ,united ,states4 7#c7 ,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 goods4 7#d7 ,international ,trade ,commission ,the term ,international ,trade ,commission means the ,united ,states ,international ,trade ,commission4 7#e7 ,mexico ,the term ,mexico means the ,united ,mexican ,states4 7#f7 ,,nafta ,the term ,,nafta means the ,north ,american ,free ,trade ,agreement approved by ,congress under section #aja7;a77#a7 of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #ccaa7;a77#a774 7#g7 ,preferential tariff treatment ,the term preferential tariff treatment means the customs duty rate that is applicable to an originating good 7as defined in section #bjb7;a77 under the ,,usmca4 7#h7 ,trade representative ,the term ,trade ,representative means the ,united ,states ,trade ,representative4 7#i7 ,,usmca ,the term ,,usmca means the ,agreement between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada1 which is-- 7,a7 attached as an ,annex to the ,protocol ,replacing the ,north ,american ,free ,trade ,agreement with the ,agreement between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada1 done at ,buenos ,aires on ,november #cj1 #bjah1 as amended by the ,protocol of ,amendment to the ,agreement ,between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada1 done at ,mexico ,city on ,december #aj1 #bjai2 and 7,b7 approved by ,congress under section #aja7;a77#a74 7#aj7 ,,usmca country ,except as otherwise provided1 the term ,,usmca country means-- 7,a7 ,canada for such time as the ,,usmca is in force with respect to1 and the ,united ,states applies the ,,usmca to1 ,canada2 and 7,b7 ,mexico for such time as the ,,usmca is in force with respect to1 and the ,united ,states applies the ,,usmca to1 ,mexico4 ,i ,approval of1 and general provisions relating to1 the ,,usmca #aja4 ,approval and entry into force of the ,,usmca 7a7 ,approval of ,,usmca and statement of administrative action ,pursuant to section #ajf of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbje7 and section #aea of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baia71 ,congress approves-- 7#a7 the ,protocol ,replacing the ,north ,american ,free ,trade ,agreement with the ,agreement between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada1 done at ,buenos ,aires on ,november #cj1 #bjah1 as submitted to ,congress on ,december #ac1 #bjai2 7#b7 the ,agreement between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada1 attached as an ,annex to the ,protocol1 as amended by the ,protocol of ,amendment to the ,agreement between the ,united ,states of ,america1 the ,united ,mexican ,states1 and ,canada1 done at ,mexico ,city on ,december #aj1 #bjai1 as submitted to ,congress on ,december #ac1 #bjai2 and 7#c7 the statement of administrative action proposed to implement that ,agreement1 as submitted to ,congress on ,december #ac1 #bjai4 7b7 ,conditions for entry into force of the agreement ,the ,president is authorized to provide for the ,,usmca to enter into force with respect to ,canada and ,mexico not earlier than #cj days after the date on which the ,president submits to ,congress the written notice required by section #ajf7;a77#a77;,g7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7#ai ,u4,s4,c4 #dbje7;a77#a77;,g771 which shall include the date on which the ,,usmca will enter into force4 #ajb4 ,relationship of the ,,usmca to ,united ,states and ,state law 7a7 ,relationship of ,,usmca to ,united ,states law 7#a7 ,united ,states law to prevail in conflict ,no provision of the ,,usmca1 nor the application of any such provision to any person or circumstance1 which is inconsistent with any law of the ,united ,states1 shall have effect4 7#b7 ,construction ,nothing in this ,act shall be construed-- 7,a7 to amend or modify any law of the ,united ,states1 or 7,b7 to limit any authority conferred under any law of the ,united ,states1 unless specifically provided for in this ,act4 7b7 ,relationship of ,,usmca to ,state law 7#a7 ,legal challenge ,no ,state law1 or the application thereof1 may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the ,,usmca1 except in an action brought by the ,united ,states for the purpose of declaring such law or application invalid4 7#b7 ,definition of ,state law ,for purposes of this subsection1 the term ,state law includes-- 7,a7 any law of a political subdivision of a ,state2 and 7,b7 any ,state law regulating or taxing the business of insurance4 7c7 ,effect of ,,usmca with respect to private remedies ,no person other than the ,united ,states-- 7#a7 shall have any cause of action or defense under the ,,usmca or by virtue of congressional approval thereof2 or 7#b7 may challenge1 in any action brought under any provision of law1 any action or inaction by any department1 agency1 or other instrumentality of the ,united ,states1 any ,state1 or any political subdivision of a ,state1 on the ground that such action or inaction is inconsistent with the ,,usmca4 #ajc4 ,implementing actions in anticipation of entry into force2 initial regulations2 tariff proclamation authority 7a7 ,implementing actions 7#a7 ,proclamation authority ,after the date of the enactment of this ,act-- 7,a7 the ,president may proclaim such actions1 and 7,b7 other appropriate officers of the ,united ,states ,government may prescribe such regulations1 as may be necessary to ensure that any provision of this ,act1 or amendment made by this ,act1 that takes effect on the date on which the ,,usmca enters into force is appropriately implemented on such date1 but no such proclamation or regulation may have an effective date earlier than the date on which the ,,usmca enters into force4 7#b7 ,effective date of certain proclaimed actions ,any action proclaimed by the ,president under the authority of this ,act that is not subject to the consultation and layover provisions under section #ajd may not take effect before the #aeth day after the date on which the text of the proclamation is published in the ,federal ,register4 7#c7 ,waiver of #ae-;day restriction ,the #ae-;day restriction contained in paragraph 7#b7 on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date on which the ,,usmca enters into force of any action proclaimed under this section4 7b7 ,initial regulations 7#a7 ,in general ,except as provided by paragraph 7#b7 or 7#c71 initial regulations necessary or appropriate to carry out the actions required by or authorized under this ,act or proposed in the statement of administrative action approved under section #aja7;a77#b7 to implement the ,,usmca shall1 to the maximum extent feasible1 be prescribed within #a year after the date on which the ,,usmca enters into force4 7#b7 ,uniform ,regulations ,interim or initial regulations to implement the ,uniform ,regulations regarding rules of origin provided for under article #e4af of the ,,usmca shall be prescribed not later than the date on which the ,,usmca enters into force4 7#c7 ,implementing actions with effective dates after entry into force ,in the case of any implementing action that takes effect on a date after the date on which the ,,usmca enters into force1 initial regulations to carry out that action shall1 to the maximum extent feasible1 be prescribed within #a year after such effective date4 7c7 ,tariff modifications 7#a7 ,tariff modifications provided for in the ,,usmca ,the ,president may proclaim-- 7,a7 such modifications or continuation of any duty1 7,b7 such continuation of duty-free or excise treatment1 or 7,c7 such additional duties1 as the ,president determines to be necessary or appropriate to carry out or apply articles #b4d1 #b4e1 #b4g1 #b4h1 #b4i1 #b4aj1 #f4b1 and #f4c1 the ,schedule of the ,united ,states to ,annex #b-;,b1 including the appendices to that ,annex1 ,annex #b-;,c1 and ,annex #f-;,a1 of the ,,usmca4 7#b7 ,other tariff modifications ,subject to the consultation and layover provisions of section #ajd1 the ,president may proclaim-- 7,a7 such modifications or continuation of any duty1 7,b7 such modifications as the ,united ,states may agree to with a ,,usmca country regarding the staging of any duty treatment set forth in the ,schedule of the ,united ,states to ,annex #b-;,b of the ,,usmca1 including the appendices to that ,annex1 7,c7 such continuation of duty-free or excise treatment1 or 7,d7 such additional duties1 as the ,president determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to a ,,usmca country provided for by the ,,usmca4 7#c7 ,conversion to ad valorem rates ,for purposes of paragraphs 7#a7 and 7#b71 with respect to any good for which the base rate in the ,schedule of the ,united ,states to ,annex #b-;,b of the ,,usmca is a specific or compound rate of duty1 the ,president shall substitute for the base rate an ad valorem rate that the ,president determines to be equivalent to the base rate4 7#d7 ,tariff-rate quotas ,in implementing the tariff-rate quotas set forth in the ,schedule of the ,united ,states to ,annex #b-;,b of the ,,usmca1 the ,president shall take such actions as may be necessary to ensure that imports of agricultural goods do not disrupt the orderly marketing of agricultural goods in the ,united ,states4 7#e7 ,presidential proclamation authority relating to rules of origin 7,a7 ,in general ,the ,president may proclaim1 as part of the ,,hts-- 7i7 the provisions set forth in ,annex #d-;,b of the ,,usmca2 7ii7 the provisions set forth in paragraph #b of article #c4;,a4#f of ,annex #c-;,a of the ,,usmca2 7iii7 the provisions set forth in paragraph #e of ,annex #c-;,b of the ,,usmca2 7iv7 the provisions set forth in paragraphs #ad7;b71 #ad7;c71 and #ae7;e7 of ,section ,b of ,appendix #b to ,annex #b-;,b of the ,,usmca2 and 7v7 any additional subordinate category that is necessary to carry out section #bjb and section #bjb;,a consistent with the ,,usmca4 7,b7 ,modifications 7i7 ,in general ,subject to the consultation and layover provisions of section #ajd1 the ,president may proclaim modifications to the provisions proclaimed under the authority of subparagraph 7,a71 other than the provisions of chapters #ej through #fc of the ,,usmca4 7ii7 ,special rule for textiles ,notwithstanding clause 7i71 and subject to the consultation and layover provisions of section #ajd1 the ,president may proclaim-- 7,i7 such modifications to the provisions proclaimed under the authority of subparagraph 7,a7 as are necessary to implement an agreement with one or more ,,usmca countries pursuant to article #f4d of the ,,usmca2 and 7,,ii7 before the end of the #a-year period beginning on the date on which the ,,usmca enters into force1 modifications to correct any typographical1 clerical1 or other nonsubstantive technical error regarding the provisions of chapters #ej through #fc of the ,,usmca4 #ajd4 ,consultation and layover provisions for1 and effective date of1 proclaimed actions ,if a provision of this ,act provides that the implementation of an action by the ,president by proclamation is subject to the consultation and layover requirements of this section1 that action may be proclaimed only if-- 7#a7 the ,president has obtained advice regarding the proposed action from-- 7,a7 the appropriate advisory committees established under section #ace of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee72 and 7,b7 the ,international ,trade ,commission1 which shall hold a public hearing on the proposed action before providing advice regarding the proposed action2 7#b7 the ,president has submitted to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report that sets forth-- 7,a7 the proposed action and the reasons therefor2 and 7,b7 the advice obtained under paragraph 7#a72 7#c7 a period of #fj calendar days1 beginning on the first day on which the requirements set forth in paragraphs 7#a7 and 7#b7 have been met1 has expired2 and 7#d7 the ,president has consulted with the committees referred to in paragraph 7#b7 regarding the proposed action during the period referred to in paragraph 7#c74 #aje4 ,administration of dispute settlement proceedings 7a7 ,united ,states ,section of ,secretariat 7#a7 ,establishment or designation of office ,the ,president is authorized to establish or designate within the ,department of ,commerce an office to serve as the ,united ,states ,section of the ,secretariat established under article #cj4f of the ,,usmca4 7#b7 ,functions and administrative assistance ,the office established or designated under paragraph 7#a71 subject to the oversight of the interagency group established under section #daa7;c77#b71 shall-- 7,a7 carry out its functions within the ,secretariat to facilitate the operation of the ,,usmca1 including the operation of section ,d of chapter #aj and chapter #ca of the ,,usmca2 and 7,b7 provide administrative assistance to-- 7i7 panels established under chapter #ca of the ,,usmca1 including under ,annex #ca-;,a 7relating to the ,facility-,specific ,rapid ,response ,labor ,mechanism72 7ii7 technical advisers and experts provided for under chapter #ca of the ,,usmca2 7iii7 binational panels and extraordinary challenge committees established under section ,d of chapter #aj of the ,,usmca2 and 7iv7 binational panels and extraordinary challenge committees established under ,,nafta for matters covered by article #cd4a of the ,,usmca 7relating to transition from ,,nafta74 7#c7 ,treatment of office under ,freedom of ,information ,act ,the office established or designated under paragraph 7#a7 shall not be considered an agency for purposes of section #eeb of title #e1 ,united ,states ,code4 7b7 ,authorization of appropriations ,there are authorized to be appropriated for each fiscal year after fiscal year #bjbj to the ,department of ,commerce #b1jjj1jjj for-- 7#a7 the operations of the office established or designated under subsection 7a77#a72 and 7#b7 the payment of the ,united ,states share of the expenses of-- 7,a7 panels established under chapter #ca of the ,,usmca1 including under ,annex #ca-;,a 7relating to the ,facility-,specific ,rapid ,response ,labor ,mechanism72 7,b7 binational panels and extraordinary challenge committees established under section ,d of chapter #aj of the ,,usmca2 and 7,c7 binational panels and extraordinary challenge committees established under ,,nafta for matters covered by article #cd4a of the ,,usmca 7relating to transition from ,,nafta74 7c7 ,reimbursement of certain expenses ,if the ,canadian ,section or the ,mexican ,section of the ,secretariat provides funds to the ,united ,states ,section during any fiscal year as reimbursement for expenses in connection with dispute settlement proceedings under section ,d of chapter #aj or chapter #ca of the ,,usmca1 or under chapter #ai of ,,nafta1 the ,united ,states ,section may1 notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 retain and use such funds to carry out the functions described in subsection 7a77#b74 #ajf4 ,trade ,representative authority ,if a country 7other than the ,united ,states7 that has signed the ,,usmca does not enact implementing legislation1 the ,trade ,representative is authorized to enter into negotiations with the other country that has signed the ,,usmca to consider how the applicable provisions of the ,,usmca can come into force with respect to the ,united ,states and that other country as promptly as possible4 #ajg4 ,effective date 7a7 ,in general ,sections #a through #c and this title 7other than section #ajc7;c77 shall take effect on the date of the enactment of this ,act4 7b7 ,proclamation authority ,section #ajc7;c7 shall take effect on the date on which the ,,usmca enters into force4 ,,ii ,customs provisions #bja4 ,exclusion of originating goods of ,,usmca countries from special agriculture safeguard authority 7a7 ,in general ,section #dje7;e7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #cfjb7;e77 is amended to read as follows3 7e7 ,exclusion of originating goods of ,,usmca countries 7#a7 ,in general ,the ,president shall exempt from any duty imposed under this section any good that qualifies as an originating good under section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act of a ,,usmca country with respect to which preferential tariff treatment is provided under the ,,usmca4 7#b7 ,definitions ,in this subsection1 the terms preferential tariff treatment1 ,,usmca1 and ,,usmca country have the meanings given those terms in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 4 7b7 ,effective date 7#a7 ,in general ,the amendment made by subsection 7a7 shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a good entered for consumption1 or withdrawn from warehouse for consumption1 on or after that date4 7#b7 ,transition from ,,nafta treatment ,in the case of a good entered for consumption1 or withdrawn from warehouse for consumption1 before the date on which the ,,usmca enters into force-- 7,a7 the amendment made by subsection 7a7 to section #dje7;e7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #cfjb7;e77 shall not apply with respect to the good2 and 7,b7 section #dje7;e7 of such ,act1 as in effect on the day before that date1 shall continue to apply on and after that date with respect to the good4 #bjb4 ,rules of origin 7a7 ,definitions ,in this section3 7#a7 ,aquaculture ,the term aquaculture means the farming of aquatic organisms1 including fish1 molluscs1 crustaceans1 other aquatic invertebrates1 and aquatic plants from seed stock such as eggs1 fry1 fingerlings1 or larvae1 by intervention in the rearing or growth processes to enhance production such as regular stocking1 feeding1 or protection from predators4 7#b7 ,customs valuation agreement ,the term ,customs ,valuation ,agreement means the ,agreement on ,implementation of ,article ,,vii of the ,general ,agreement on ,tariffs and ,trade #aiid referred to in section #aja7;d77#h7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceaa7;d77#h774 7#c7 ,fungible good or fungible material ,the term fungible good or fungible material means a good or material1 as the case may be1 that is interchangeable with another good or material for commercial purposes and the properties of which are essentially identical to such other good or material4 7#d7 ,good wholly obtained or produced entirely in the territory of one or more usmca countries ,the term good wholly obtained or produced entirely in the territory of one or more ,,usmca countries means any of the following3 7,a7 ,a mineral good or other naturally occurring substance extracted or taken from the territory of one or more ,,usmca countries4 7,b7 ,a plant1 plant good1 vegetable1 or fungus grown1 cultivated1 harvested1 picked1 or gathered in the territory of one or more ,,usmca countries4 7,c7 ,a live animal born and raised in the territory of one or more ,,usmca countries4 7,d7 ,a good obtained in the territory of one or more ,,usmca countries from a live animal4 7,e7 ,an animal obtained by hunting1 trapping1 fishing1 gathering1 or capturing in the territory of one or more ,,usmca countries4 7,f7 ,a good obtained in the territory of one or more ,,usmca countries from aquaculture4 7,g7 ,a fish1 shellfish1 or other marine life taken from the sea1 seabed1 or subsoil outside the territory of one or more ,,usmca countries and outside the territorial sea of any country that is not a ,,usmca country by-- 7i7 a vessel that is registered or recorded with a ,,usmca country and flying the flag of that country2 or 7ii7 a vessel that is documented under the laws of the ,united ,states4 7,h7 ,a good produced on board a factory ship from goods referred to in subparagraph 7,g71 if such factory ship-- 7i7 is registered or recorded with a ,,usmca country and flies the flag of that country2 or 7ii7 is a vessel that is documented under the laws of the ,united ,states4 7,i7 ,a good1 other than a good referred to in subparagraph 7,g71 that is taken by a ,,usmca country1 or a person of a ,,usmca country1 from the seabed or subsoil outside the territory of a ,,usmca country1 if that ,,usmca country has the right to exploit such seabed or subsoil4 7,j7 ,waste and scrap derived from-- 7i7 production in the territory of one or more ,,usmca countries2 or 7ii7 used goods collected in the territory of one or more ,,usmca countries1 if such goods are fit only for the recovery of raw materials4 7,k7 ,a good produced in the territory of one or more ,,usmca countries exclusively from goods referred to in any of subparagraphs 7,a7 through 7,j71 or from their derivatives1 at any stage of production4 7#e7 ,indirect material ,the term indirect material means a material used or consumed in the production1 testing1 or inspection of a good but not physically incorporated into the good1 or a material used or consumed in the maintenance of buildings or the operation of equipment associated with the production of a good1 including-- 7,a7 fuel and energy2 7,b7 tools1 dies1 and molds2 7,c7 spare parts and materials used or consumed in the maintenance of equipment or buildings2 7,d7 lubricants1 greases1 compounding materials1 and other materials used or consumed in production or to operate equipment or buildings2 7,e7 gloves1 glasses1 footwear1 clothing1 safety equipment1 and supplies2 7,f7 equipment1 devices1 and supplies used for testing or inspecting the good2 7,g7 catalysts and solvents2 and 7,h7 any other material that is not incorporated into the good1 if the use of the material in the production of the good can reasonably be demonstrated to be a part of that production4 7#f7 ,intermediate material ,the term intermediate material means a material that is self-produced1 used or consumed in the production of a good1 and designated as an intermediate material pursuant to subsection 7d77#i74 7#g7 ,material ,the term material means a good that is used or consumed in the production of another good and includes a part or an ingredient4 7#h7 ,net cost ,the term net cost means total cost minus sales promotion1 marketing1 and after-sales service costs1 royalties1 shipping and packing costs1 and nonallowable interest costs that are included in the total cost4 7#i7 ,net cost of a good ,the term net cost of a good means the net cost that can be reasonably allocated to a good using one of the methods set forth in subsection 7d77#g74 7#aj7 ,nonallowable interest costs ,the term nonallowable interest costs means interest costs incurred by a producer that exceed #gjj basis points above the applicable official interest rate for comparable maturities of the country in which the producer is located4 7#aa7 ,nonoriginating good or nonoriginating material ,the term nonoriginating good or nonoriginating material means a good or material1 as the case may be1 that does not qualify as originating under this section4 7#ab7 ,originating good2 originating material ,the term originating good or originating material means a good or material1 as the case may be1 that qualifies as originating under this section4 7#ac7 ,packaging materials and containers ,the term packaging materials and containers means materials and containers in which a good is packaged for retail sale4 7#ad7 ,packing materials and containers ,the term packing materials and containers means materials and containers that are used to protect a good during transportation4 7#ae7 ,producer ,the term producer means a person who engages in the production of a good4 7#af7 ,production ,the term production means-- 7,a7 growing1 cultivating1 raising1 mining1 harvesting1 fishing1 trapping1 hunting1 capturing1 breeding1 extracting1 manufacturing1 processing1 or assembling a good2 or 7,b7 the farming of aquatic organisms through aquaculture4 7#ag7 ,reasonably allocate ,the term reasonably allocate means to apportion in a manner appropriate to the circumstances4 7#ah7 ,recovered material ,the term recovered material means a material in the form of individual parts that are the result of-- 7,a7 the disassembly of a used good into individual parts2 and 7,b7 the cleaning1 inspecting1 testing1 or other processing that is necessary for improvement to sound working condition of such individual parts4 7#ai7 ,remanufactured good ,the term remanufactured good means a good classified in the ,,hts under any of chapters #hd through #ij or under heading #idjb1 other than a good classified under heading #hdah1 #heji1 #heaj1 #heaf1 or #hgjc or subheading #hdad4ea1 #hdej4aa1 #hdej4ab1 #hejh4aa1 or #heag4aa1 that-- 7,a7 is entirely or partially composed of recovered materials2 7,b7 has a life expectancy similar to1 and performs in a manner that is the same as or similar to1 such a good when new2 and 7,c7 has a factory warranty similar to that applicable to such a good when new4 7#bj7 ,royalties ,the term royalties means payments of any kind1 including payments under technical assistance or similar agreements1 made as consideration for the use of1 or right to use1 a copyright1 literary1 artistic1 or scientific work1 patent1 trademark1 design1 model1 plan1 or secret formula or secret process1 excluding payments under technical assistance or similar agreements that can be related to a specific service such as-- 7,a7 personnel training1 without regard to where the training is performed2 or 7,b7 if performed in the territory of one or more ,,usmca countries1 engineering1 tooling1 die-setting1 software design and similar computer services1 or other services4 7#ba7 ,sales promotion1 marketing1 and after-sales service costs ,the term sales promotion1 marketing1 and after-sales service costs means the costs related to sales promotion1 marketing1 and after-sales service for the following3 7,a7 ,sales and marketing promotion1 media advertising1 advertising and market research1 promotional and demonstration materials1 exhibits1 sales conferences1 trade shows1 conventions1 banners1 marketing displays1 free samples1 sales1 marketing1 and after-sales service literature 7product brochures1 catalogs1 technical literature1 price lists1 service manuals1 and sales aid information71 establishment and protection of logos and trademarks1 sponsorships1 wholesale and retail charges1 and entertainment4 7,b7 ,sales and marketing incentives1 consumer1 retailer1 or wholesaler rebates1 and merchandise incentives4 7,c7 ,salaries and wages1 sales commissions1 bonuses1 benefits 7such as medical1 insurance1 and pension benefits71 traveling and living expenses1 and membership and professional fees for sales promotion1 marketing1 and after-sales service personnel4 7,d7 ,product liability insurance4 7,e7 ,rent and depreciation of sales promotion1 marketing1 and after-sales service offices and distribution centers4 7,f7 ,payments by the producer to other persons for warranty repairs4 7,g7 ,if the costs are identified separately for sales promotion1 marketing1 or after-sales service of goods on the financial statements or cost accounts of the producer1 the following3 7i7 ,property insurance premiums1 taxes1 utilities1 and repair and maintenance of sales promotion1 marketing1 and after-sales service offices and distribution centers4 7ii7 ,recruiting and training of sales promotion1 marketing1 and after-sales service personnel1 and after-sales training of customers' employees4 7iii7 ,office supplies for sales promotion1 marketing1 and after-sales service of goods4 7iv7 ,telephone1 mail1 and other communications4 7#bb7 ,self-produced material ,the term self-produced material means a material that is produced by the producer of a good and used in the production of that good4 7#bc7 ,shipping and packing costs ,the term shipping and packing costs means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer1 excluding the costs of preparing and packaging the good for retail sale4 7#bd7 ,territory ,the term territory1 with respect to a ,,usmca country1 has the meaning given that term in section ,c of chapter #a of the ,,usmca4 7#be7 ,total cost 7,a7 ,in general ,the term total cost-- 7i7 means all product costs1 period costs1 and other costs for a good incurred in the territory of one or more ,,usmca countries2 and 7ii7 does not include-- 7,i7 profits that are earned by the producer of the good1 regardless of whether the costs are retained by the producer or paid out to other persons as dividends2 or 7,,ii7 taxes paid on those profits1 including capital gains taxes4 7,b7 ,other definitions ,in this paragraph3 7i7 ,other costs ,the term other costs means all costs recorded on the books of the producer that are not product costs or period costs1 such as interest4 7ii7 ,period costs ,the term period costs means costs1 other than product costs1 that are expensed in the period in which they are incurred1 such as selling expenses and general and administrative expenses4 7iii7 ,product costs ,the term product costs means costs that are associated with the production of a good1 including the value of materials1 direct labor costs1 and direct overhead4 7#bf7 ,transaction value ,the term transaction value means the price-- 7,a7 actually paid or payable for a good or material with respect to a transaction of a producer2 and 7,b7 adjusted in accordance with the principles set forth in paragraphs #a1 #c1 and #d of article #h of the ,customs ,valuation ,agreement4 7#bg7 ,,usmca country ,the term ,,usmca country means the ,united ,states1 ,canada1 or ,mexico for such time as the ,,usmca is in force with respect to ,canada or ,mexico1 and the ,united ,states applies the ,,usmca to ,canada or ,mexico4 7#bh7 ,value ,the term value means the value of a good or material for purposes of calculating customs duties or applying this section4 7b7 ,application and interpretation ,in this section3 7#a7 ,tariff classification ,the basis for any tariff classification is the ,,hts4 7#b7 ,reference to ,,hts ,whenever in this section there is a reference to a chapter1 heading1 or subheading1 that reference shall be a reference to a chapter1 heading1 or subheading of the ,,hts4 7#c7 ,cost or value ,any cost or value referred to in this section with respect to a good shall be recorded and maintained in accordance with the generally accepted accounting principles applicable in the territory of the ,,usmca country in which the good is produced4 7c7 ,originating goods 7#a7 ,in general ,for purposes of this ,act and for purposes of implementing the preferential tariff treatment provided for under the ,,usmca1 except as otherwise provided in this section1 a good is an originating good if-- 7,a7 the good is a good wholly obtained or produced entirely in the territory of one or more ,,usmca countries2 7,b7 the good is produced entirely in the territory of one or more ,,usmca countries using nonoriginating materials1 if the good satisfies all applicable requirements set forth in ,annex #d-;,b of the ,,usmca2 or 7,c7 the good is produced entirely in the territory of one or more ,,usmca countries1 exclusively from originating materials2 7,d7 except for a good provided for under any of chapters #fa through #fc-- 7i7 the good is produced entirely in the territory of one or more ,,usmca countries2 7ii7 one or more of the nonoriginating materials provided for as parts under the ,,hts and used in the production of the good do not satisfy the requirements set forth in ,annex #d-;,b of the ,,usmca because-- 7,i7 both the good and its materials are classified under the same subheading or under the same heading that is not further subdivided into subheadings2 or 7,,ii7 the good was imported into the territory of a ,,usmca country in an unassembled form or a disassembled form but was classified as an assembled good pursuant to rule #b7;a7 of the ,general ,rules of ,interpretation of the ,,hts2 and 7iii7 the regional value content of the good is not less than #fj percent if the transaction value method is used1 or not less than #ej percent if the net cost method is used and the good satisfies all other applicable requirements of this section2 or 7,e7 the good itself1 as imported1 is listed in table #b4aj4a of the ,,usmca and is imported into the territory of the ,united ,states from the territory of a ,,usmca country4 7#b7 ,remanufactured goods ,for purposes of determining whether a remanufactured good is an originating good1 a recovered material derived in the territory of one or more ,,usmca countries shall be treated as originating if the recovered material is used or consumed in the production of1 and incorporated into1 the remanufactured good4 7d7 ,regional value content 7#a7 ,in general ,except as provided in paragraph 7#e71 for purposes of subparagraphs 7,b7 and 7,d7 of subsection 7c77#a71 the regional value content of a good shall be calculated1 at the choice of the importer1 exporter1 or producer of the good1 on the basis of-- 7,a7 the transaction value method described in paragraph 7#b72 or 7,b7 the net cost method described in paragraph 7#c74 7#b7 ,transaction value method 7,a7 ,in general ,an importer1 exporter1 or producer of a good may calculate the regional value content of the good on the basis of the following transaction value method3 ,,tv,,vnm ,,rvc ---------- #ajj ,,tv 7,b7 ,definitions ,in this paragraph3 7i7 ,,rvc ,the term ,,rvc means the regional value content of the good1 expressed as a percentage4 7ii7 ,,tv ,the term ,,tv means the transaction value of the good1 adjusted to exclude any costs incurred in the international shipment of the good4 7iii7 ,,vnm ,the term ,,vnm means the value of nonoriginating materials used by the producer in the production of the good4 7#c7 ,net cost method 7,a7 ,in general ,an importer1 exporter1 or producer of a good may calculate the regional value content of the good on the basis of the following net cost method3 ,,nc,,vnm ,,rvc ---------- #ajj ,,nc 7,b7 ,definitions ,in this paragraph3 7i7 ,,nc ,the term ,,nc means the net cost of the good4 7ii7 ,,rvc ,the term ,,rvc means the regional value content of the good1 expressed as a percentage4 7iii7 ,,vnm ,the term ,,vnm means the value of nonoriginating materials used by the producer in the production of the good4 7#d7 ,value of nonoriginating materials 7,a7 ,in general ,the value of nonoriginating materials used by the producer in the production of a good shall not1 for purposes of calculating the regional value content of the good under paragraph 7#b7 or 7#c71 include the value of nonoriginating materials used or consumed to produce originating materials that are subsequently used or consumed in the production of the good4 7,b7 ,special rule for certain components ,the following components of the value of nonoriginating materials used by the producer in the production of a good may be counted as originating content for purposes of determining whether the good meets the regional value content requirement set forth in ,annex #d-;,b of the ,,usmca3 7i7 ,the value of processing the nonoriginating materials undertaken in the territory of one or more ,,usmca countries4 7ii7 ,the value of any originating materials used or consumed in the production of the nonoriginating materials undertaken in the territory of one or more ,,usmca countries4 7#e7 ,net cost method required in certain cases ,an importer1 exporter1 or producer of a good shall calculate the regional value content of the good solely on the basis of the net cost method described in paragraph 7#c7 if the rule for the good set forth in ,annex #d-;,b of the ,,usmca includes a regional value content requirement not based on the transaction value method described in paragraph 7#b74 7#f7 ,net cost method allowed for adjustments 7,a7 ,in general ,if an importer1 exporter1 or producer of a good calculates the regional value content of the good on the basis of the transaction value method described in paragraph 7#b7 and a ,,usmca country subsequently notifies the importer1 exporter1 or producer1 during the course of a verification conducted in accordance with chapter #e or #f of the ,,usmca1 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 #a of the ,customs ,valuation ,agreement1 the importer1 exporter1 or producer may calculate the regional value content of the good on the basis of the net cost method4 7,b7 ,review of adjustment ,nothing in subparagraph 7,a7 shall be construed to prevent any review or appeal available in accordance with article #e4ae of the ,,usmca with respect to an adjustment to or a rejection of-- 7i7 the transaction value of a good2 or 7ii7 the value of any material used in the production of a good4 7#g7 ,calculating net cost ,the producer of a good may1 consistent with regulations implementing this section1 calculate the net cost of the good under paragraph 7#c7 by-- 7,a7 calculating the total cost incurred with respect to all goods produced by that producer1 subtracting any sales promotion1 marketing1 and after-sales services costs1 royalties1 shipping and packing costs1 and nonallowable interest costs that are included in the total cost of those goods1 and then reasonably allocating the resulting net cost of those goods to the good2 7,b7 calculating the total cost incurred with respect to all goods produced by that producer1 reasonably allocating the total cost to the good1 and subtracting any sales promotion1 marketing1 and after-sales service costs1 royalties1 shipping and packing costs1 and nonallowable interest costs1 that are included in the portion of the total cost allocated to the good2 or 7,c7 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 promotion1 marketing1 and after-sales service costs1 royalties1 shipping and packing costs1 and nonallowable interest costs4 7#h7 ,value of materials used in production ,for purposes of calculating the regional value content of a good under this subsection1 applying the de minimis rules under subsection 7f71 and calculating the value of nonoriginating components in a set under subsection 7m71 the value of a material used in the production of a good is-- 7,a7 in the case of a material that is imported by the producer of the good1 the transaction value of the material at the time of importation1 including the costs incurred in the international shipment of the material2 7,b7 in the case of a material acquired in the territory in which the good is produced-- 7i7 the price paid or payable by the producer in the ,,usmca country where the producer is located2 7ii7 the value as determined under subparagraph 7,a71 as set forth in regulations prescribed by the ,secretary of the ,treasury providing for the application of transaction value in the absence of an importation by the producer2 or 7iii7 the earliest ascertainable price paid or payable in the territory of the country2 or 7,c7 in the case of a self-produced material1 the sum of-- 7i7 all expenses incurred in the production of the material1 including general expenses2 and 7ii7 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 material4 7#i7 ,intermediate materials 7,a7 ,in general ,any self-produced material 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 calculating the regional value content of the good under paragraph 7#b7 or 7#c74 7,b7 ,materials used in production of intermediate materials ,if a self-produced material is designated as an intermediate material under subparagraph 7,a7 for purposes of calculating a regional value content requirement1 no other self-produced material subject to a regional value content requirement used or consumed in the production of that intermediate material may be designated by the producer as an intermediate material4 7#aj7 ,further adjustments to value of materials ,the following expenses1 if included in the value of a nonoriginating material calculated under paragraph 7#h71 may be deducted from the value of the nonoriginating material3 7,a7 ,the costs of freight1 insurance1 packing1 and all other costs incurred in transporting the material to the location of the producer4 7,b7 ,duties1 taxes1 and customs brokerage fees on the material paid in the territory of one or more ,,usmca countries1 other than duties or taxes that are waived1 refunded1 refundable1 or otherwise recoverable1 including credit against duty or tax paid or payable4 7,c7 ,the cost of waste and spoilage resulting from the use of the material in the production of the good1 less the value of renewable scrap or byproducts4 7e7 ,accumulation 7#a7 ,producers ,a good that is produced in the territory of one or more ,,usmca countries1 by one or more producers1 is an originating good if the good satisfies the requirements of subsection 7c7 and all other applicable requirements of this section4 7#b7 ,originating materials used in production of goods of a usmca country ,originating 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 country4 7#c7 ,production undertaken on nonoriginating materials used in the production of goods ,in determining whether a good is an originating good under this section1 production undertaken on nonoriginating material in the territory of one or more ,,usmca countries by one or more producers shall contribute to the originating status of the good1 regardless of whether that production is sufficient to confer originating status to the nonoriginating material4 7f7 ,de minimis amounts of nonoriginating materials 7#a7 ,in general ,except as provided in paragraphs 7#b7 through 7#d71 a good that does not undergo a change in tariff classification or satisfy a regional value content requirement set forth in ,annex #d-;,b of the ,,usmca is an originating good if-- 7,a7 the value of all nonoriginating materials that are used in the production of the good1 and do not undergo the applicable change in tariff classification set forth in ,annex #d-;,b of the ,,usmca-- 7i7 does not exceed #aj percent of the transaction value of the good1 adjusted to exclude any costs incurred in the international shipment of the good2 or 7ii7 does not exceed #aj percent of the total cost of the good2 7,b7 the good meets all other applicable requirements of this section2 and 7,c7 the value of such nonoriginating materials is included in the value of nonoriginating materials for any applicable regional value content requirement for the good4 7#b7 ,exceptions for dairy and other products ,paragraph 7#a7 does not apply to the following3 7,a7 ,a nonoriginating material of headings #jdja through #jdjf1 or a nonoriginating dairy preparation containing over #aj percent by dry weight of milk solids of subheading #aija4ij or #bajf4ij1 used or consumed in the production of a good of headings #jdja through #jdjf4 7,b7 ,a nonoriginating material of headings #jdja through #jdjf1 or nonoriginating dairy preparation containing over #aj percent by dry weight of milk solids of subheading #aija4ij or #bajf4ij1 used or consumed in the production of any of the following goods3 7i7 ,infant preparations containing over #aj percent by dry weight of milk solids1 of subheading #aija4aj4 7ii7 ,mixes and doughs containing over #be percent by dry weight of butterfat1 not put up for retail sale1 of subheading #aija4bj4 7iii7 ,a dairy preparation containing over #aj percent by dry weight of milk solids1 of subheading #aija4ij or #bajf4ij4 7iv7 ,a good of heading #baje4 7v7 ,beverages containing milk of subheading #bbjb4ij4 7vi7 ,animal feeds containing over #aj percent by dry weight of milk solids of subheading #bcji4ij4 7,c7 ,a nonoriginating material of heading #jhje1 or any of subheadings #bjji4aa through #bjji4ci1 used or consumed in the production of a good of subheadings #bjji4aa through #bjji4ci1 or a fruit or vegetable juice of any single fruit or vegetable1 fortified with minerals or vitamins1 concentrated or unconcentrated1 of subheading #bajf4ij or #bbjb4ij4 7,d7 ,a nonoriginating material of chapter #i used or consumed in the production of instant coffee1 not flavored1 of subheading #baja4aa4 7,e7 ,a nonoriginating material of chapter #ae used or consumed in the production of a good of heading #aejg1 #aejh1 #aeab1 #aead1 or #aeae4 7,f7 ,a nonoriginating material of heading #agja used or consumed in the production of a good of any of headings #agja through #agjc4 7,g7 ,a nonoriginating material of chapter #ag or heading #ahje used in the production of a good of subheading #ahjf4aj4 7,h7 ,nonoriginating peaches1 pears1 or apricots of chapter #h or #bj1 used in the production of a good of heading #bjjh4 7,i7 ,a nonoriginating single juice ingredient of heading #bjji used or consumed in the production of a good of-- 7i7 subheading #bjji4ij1 or tariff item #bajf4ij4ed 7concentrated mixtures of fruit or vegetable juice1 fortified with minerals or vitamins72 or 7ii7 tariff item #bbjb4ii4cg 7mixtures of fruit or vegetable juices1 fortified with minerals or vitamins74 7,j7 ,a nonoriginating material of any of headings #bbjc through #bbjh used or consumed in the production of a good provided for under heading #bbjg or #bbjh4 7#c7 ,goods provided for under chapters #a through #bg ,paragraph 7#a7 does not apply to a nonoriginating material used or consumed in the production of a good provided for in chapters #a through #bg unless the nonoriginating material is provided for in a different subheading than the subheading of the good for which origin is being determined4 7#d7 ,textile or apparel goods 7,a7 ,goods classified under chapters #ej through #fj ,except as provided in subparagraph 7,c71 a textile or apparel good provided for in any of chapters #ej through #fj or heading #ifai 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 #d-;,b of the ,,usmca1 shall be considered to be an originating good if the total weight of all such materials1 including elastomeric yarns1 is not more than #aj percent of the total weight of the good and the good meets all other applicable requirements of this section4 7,b7 ,goods classified under chapters #fa through #fc ,except as provided in subparagraph 7,c71 a textile or apparel good provided for in chapter #fa1 #fb1 or #fc 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 classification of the good do not undergo an applicable change in tariff classification set forth in ,annex #d-;,b of the ,,usmca shall be considered to be an originating good if the total weight of all such fibers or yarns in the component1 including elastomeric yarns1 is not more than #aj percent of the total weight of the component and the good meets all other applicable requirements of this section4 7,c7 ,goods containing nonoriginating elastomeric yarns 7i7 ,goods classified under chapters #ej through #fj or heading #ifai ,a textile or apparel good described in subparagraph 7,a7 containing nonoriginating elastomeric yarns shall be considered to be an originating good only if the nonoriginating elastomeric yarns contained in the good do not exceed #g percent of the total weight of the good4 7ii7 ,goods classified under chapters #fa through #fc ,a textile or apparel good described in subparagraph 7,b7 containing nonoriginating elastomeric yarns shall be considered to be an originating good only if the nonoriginating elastomeric yarns contained in the component of the good that determines the tariff classification of the good do not exceed #g percent of the total weight of the good4 7g7 ,fungible goods and materials 7#a7 ,fungible materials used in production ,subject to paragraph 7#c71 if originating and nonoriginating fungible materials are used or consumed in the production of a good1 the determination of whether the materials are originating may be made on the basis of any of the inventory management methods set forth in regulations implementing this section4 7#b7 ,fungible goods commingled and exported ,subject to paragraph 7#c71 if originating and nonoriginating fungible goods are commingled and exported in the same form1 the determination of whether the goods are originating may be made on the basis of any of the inventory management methods set forth in regulations implementing this section4 7#c7 ,use of inventory management method ,a person that selects an inventory management method for purposes of paragraph 7#a7 or 7#b7 shall use that inventory management method throughout the fiscal year of the person4 7h7 ,accessories1 spare parts1 tools1 and instructional or other information materials 7#a7 ,in general ,subject to paragraph 7#b71 accessories1 spare parts1 tools1 or instructional or other information materials delivered with a good shall-- 7,a7 be treated as originating if the good is an originating good2 7,b7 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 tariff classification set forth in ,annex #d-;,b of the ,,usmca2 and 7,c7 be taken into account as originating or nonoriginating materials1 as the case may be1 in calculating any applicable regional value content of the good set forth in ,annex #d-;,b of the ,,usmca4 7#b7 ,conditions ,paragraph 7#a7 shall apply only if-- 7,a7 the accessories1 spare parts1 tools1 or instructional or other information materials are classified with and delivered with1 but not invoiced separately from1 the good2 and 7,b7 the types1 quantities1 and value of the accessories1 spare parts1 tools1 or instructional or other information materials are customary for the good4 7i7 ,packaging materials and containers for retail sale ,packaging materials and containers in which a good is packaged for retail sale1 if classified with the good1 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 #d-;,b of the ,,usmca1 or whether the good is a good wholly obtained or produced entirely in the territory of one or more ,,usmca countries4 ,if the good is subject to a regional value content requirement set forth in that ,annex1 the value of such packaging materials and containers shall be taken into account as originating or nonoriginating materials1 as the case may be1 in calculating the regional value content of the good4 7j7 ,packing materials and containers for shipment ,packing materials and containers for shipment shall be disregarded in determining whether a good is an originating good4 7k7 ,indirect materials ,an indirect material shall be treated as an originating material without regard to where it is produced4 7l7 ,transit and transshipment ,a good that has undergone production necessary to qualify as an originating good under subsection 7c7 shall not be considered to be an originating good if1 subsequent to that production1 the good-- 7#a7 undergoes further production or any other operation outside the territory of a ,,usmca country1 other than-- 7,a7 unloading1 reloading1 separation from a bulk shipment1 storing1 labeling1 or marking1 as required by a ,,usmca country2 or 7,b7 any other operation necessary to preserve the good in good condition or to transport the good to the territory of the importing ,,usmca country2 or 7#b7 does not remain under the control of customs authorities in a country other than a ,,usmca country4 7m7 ,goods classifiable as goods put ,up in sets 7#a7 ,goods other than textile or apparel goods ,notwithstanding the rules set forth in ,annex #d-;,b of the ,,usmca1 goods classifiable as goods put up in sets for retail sale as provided for in rule #c of the ,general ,rule of ,interpretation of the ,,hts shall not be considered to be originating goods unless-- 7,a7 each of the goods in the set is an originating good2 or 7,b7 the total value of the nonoriginating goods in the set does not exceed #aj percent of the value of the set4 7#b7 ,textile or apparel goods ,notwithstanding the rules set forth in ,annex #d-;,b of the ,,usmca1 goods classifiable as goods put up in sets for retail sale as provided for in rule #c of the ,general ,rule of ,interpretation of the ,,hts shall not be considered to be originating goods unless-- 7,a7 each of the goods in the set is an originating good2 or 7,b7 the total value of the nonoriginating goods in the set does not exceed #aj percent of the value of the set4 7n7 ,nonqualifying operations ,a good shall not be considered to be an originating good merely by reason of-- 7#a7 mere dilution with water or another substance that does not materially alter the characteristics of the good2 or 7#b7 any production or pricing practice with respect to which it may be demonstrated1 by a preponderance of the evidence1 that the object of the practice was to circumvent this section4 7o7 ,effective date 7#a7 ,in general ,this section shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a good entered for consumption1 or withdrawn from warehouse for consumption1 on or after that date4 7#b7 ,transition from ,,nafta treatment ,section #bjb of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cccb71 as in effect on the day before the date on which the ,,usmca enters into force1 shall continue to apply on and after that date with respect to a good entered for consumption1 or withdrawn from warehouse for consumption1 before that date4 #bjb;,a4 ,special rules for automotive goods 7a7 ,definitions ,in this section3 7#a7 ,alternative staging regime ,the term alternative staging regime means the application1 pursuant to subsection 7d71 of the requirements of article #h of the automotive appendix to the production of covered vehicles to allow producers of such vehicles to bring such production into compliance with the requirements of articles #b through #g of that appendix4 7#b7 ,alternative staging regime period ,the term alternative staging regime period means the period during which the alternative staging regime is in effect4 7#c7 ,automotive appendix ,the term automotive appendix means the ,appendix to ,annex #d-;,b of the ,,usmca 7relating to the product-specific rules of origin for automotive goods74 7#d7 ,automotive good ,the term automotive good means-- 7,a7 a covered vehicle2 or 7,b7 a part1 component1 or material listed in table ,a4#a1 ,a4#b1 ,b1 ,c1 ,d1 or ,e of the automotive appendix4 7#e7 ,automotive rules of origin ,the term automotive rules of origin means the rules of origin for automotive goods set forth in the automotive appendix4 7#f7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#g7 ,covered vehicle ,the term covered vehicle means a passenger vehicle1 light truck1 or heavy truck4 7#h7 ,interagency committee ,the term interagency committee means the interagency committee established under subsection 7b77#a74 7#i7 ,passenger vehicle2 light truck2 heavy truck ,the terms passenger vehicle1 light truck1 and heavy truck have the meanings given those terms in article #a of the automotive appendix4 7#aj7 ,,usmca country ,the term ,,usmca country means the ,united ,states1 ,canada1 or ,mexico for such time as the ,,usmca is in force with respect to ,canada or ,mexico1 and the ,united ,states applies the ,,usmca to ,canada or ,mexico4 7b7 ,establishment of interagency committee 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,president shall establish an interagency committee-- 7,a7 to provide advice1 as appropriate1 on the implementation1 enforcement1 and modification of provisions of the ,,usmca that relate to automotive goods1 including the alternative staging regime2 and 7,b7 to review the operation of the ,,usmca with respect to trade in automotive goods1 including-- 7i7 the economic effects of the automotive rules of origin on the ,united ,states economy1 workers1 and consumers2 and 7ii7 the impact of new technology on such rules of origin4 7#b7 ,members ,the members of the interagency committee shall be the following3 7,a7 ,the ,trade ,representative4 7,b7 ,the ,secretary of ,commerce4 7,c7 ,the ,commissioner4 7,d7 ,the ,secretary of ,labor4 7,e7 ,the ,chair of the ,international ,trade ,commission4 7,f7 ,any other members determined to be necessary by the ,trade ,representative4 7#c7 ,chair ,the chair of the interagency committee shall be the ,trade ,representative4 7#d7 ,use of information 7,a7 ,information sharing ,notwithstanding any other provision of law1 the members of the interagency committee may exchange information for purposes of carrying out this section4 7,b7 ,confidentiality of information ,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 section1 except information aggregated to preserve confidentiality and used in the reports described in subsection 7g74 7c7 ,certification requirements 7#a7 ,certification relating to labor value content requirements 7,a7 ,in general ,a covered vehicle shall be eligible for preferential tariff treatment only if the producer of the covered vehicle-- 7i7 provides a certification to the ,commissioner that the production of covered vehicles by the producer meets the labor value content requirements1 including the high-wage material and manufacturing expenditures1 high-wage technology expenditures1 and high-wage assembly expenditures1 as set forth in article #g of the automotive appendix or1 if the producer is subject to the alternative staging regime1 articles #g and #h of that appendix1 and includes the calculations of the producer related to the labor value content requirements2 and 7ii7 has information on record to support those calculations4 7,b7 ,implementation ,for purposes of meeting the requirements under subparagraph 7,a7-- 7i7 the ,secretary of ,labor1 in consultation with the ,commissioner1 shall ensure that the certification of a producer under subparagraph 7,a77i7 does not contain omissions or errors before the certification is considered properly filed2 and 7ii7 a calculation described in subparagraph 7,a77i7 based on a producer's preceding fiscal or calendar year is valid for the producer's subsequent fiscal or calendar year1 as the case may be1 as set forth in articles #g and #h of the automotive appendix4 7,c7 ,regulations required ,the ,secretary of the ,treasury1 in consultation with the ,secretary of ,labor1 shall prescribe regulations to carry out this paragraph1 including regulations setting forth the procedures and requirements for a producer of covered vehicles to establish that the producer meets the labor value content requirements for preferential tariff treatment4 7#b7 ,certification relating to steel and aluminum purchase requirements 7,a7 ,in general ,a covered vehicle shall be eligible for preferential tariff treatment only if the producer of the covered vehicle-- 7i7 provides a certification to the ,commissioner that the production of covered vehicles by the producer meets the steel and aluminum purchase requirements set forth in article #f of the automotive appendix or1 if the producer is subject to the alternative staging regime1 articles #f and #h of that appendix2 and 7ii7 has information on record to support the calculations relied on for the certification4 7,b7 ,implementation ,for purposes of meeting the requirements under subparagraph 7,a7-- 7i7 the ,commissioner shall ensure that the certification of a producer under subparagraph 7,a77i7 does not contain omissions or errors before the certification is considered properly filed2 and 7ii7 a calculation described in subparagraph 7,a77ii7 based on a producer's preceding fiscal or calendar year is valid for the producer's subsequent fiscal or calendar year1 as the case may be1 as set forth in articles #f and #h of the automotive appendix4 7,c7 ,regulations required ,the ,secretary of the ,treasury shall prescribe regulations to carry out this paragraph1 including regulations setting forth the procedures and requirements for a producer of covered vehicles to establish that the producer meets the steel and aluminum purchase requirements for preferential tariff treatment4 7d7 ,alternative staging regime 7#a7 ,publication of requirements ,not later than #ij days after the date of the enactment of this ,act1 the ,trade ,representative1 in consultation with the interagency committee1 shall publish in the ,federal ,register requirements1 procedures1 and guidance required to implement the alternative staging regime1 including with respect to the following3 7,a7 ,the procedures1 calculation methodology1 timeframe1 specific regional value content thresholds1 and other minimum requirements1 consistent with article #h of the automotive appendix1 with which a producer of covered vehicles subject to the alternative staging regime is required to comply during the alternative staging regime period for such vehicles to be eligible for preferential tariff treatment pursuant to the alternative staging regime4 7,b7 ,the date by which requests for the alternative staging regime are required to be submitted4 7,c7 ,the information a producer of passenger vehicles or light trucks is required to provide1 in the producer's request to use the alternative staging regime1 to demonstrate the actions that the producer will take to be prepared to meet all the requirements set forth in articles #b through #g of the automotive appendix after the alternative staging regime period has expired1 including the following3 7i7 ,a statement identifying which of the requirements set forth in articles #b through #g 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 plans4 7ii7 ,a statement indicating whether the passenger vehicles or light trucks for which the producer seeks to use the alternative staging regime account for #aj percent or less1 or more than #aj percent1 of the total production of passenger vehicles or light trucks1 as the case may be1 in ,,usmca countries by the producer during the #ab-month period preceding the date on which the ,,usmca enters into force1 or the average of such production during the #cf-month period preceding that date1 whichever is greater4 7iii7 ,in the case of a producer that seeks to use the alternative staging regime for more than #aj percent of the producer's total production of passenger vehicles or light trucks1 as the case may be1 in ,,usmca countries-- 7,i7 a detailed and credible plan describing with specificity the actions the producer intends to take to bring production of the passenger vehicles or light trucks1 as the case may be1 into compliance with the requirements set forth in articles #b through #g of the automotive appendix after the alternative staging regime period expires2 and 7,,ii7 a statement indicating the time period for which the producer is requesting to use the alternative staging regime1 if that time period is greater than #e years after the ,,usmca enters into force4 7,d7 ,the procedures for accepting and reviewing requests for the alternative staging regime1 including that the ,trade ,representative will-- 7i7 notify a producer of any deficiencies in the request of the producer that would result in a denial of the request not later than #cj days after the request is submitted2 and 7ii7 provide producers the opportunity to submit supplemental information4 7,e7 ,the criteria the ,trade ,representative1 in consultation with the interagency committee1 will consider when determining whether to approve a request for the alternative staging regime4 ,such criteria shall only include elements necessary for the producer to demonstrate the producer's ability to meet the requirements specified in subparagraphs 7,a7 and 7,b74 ,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 alternative staging regime4 7,f7 ,the opportunity for a producer described in subparagraph 7,c77iii7 to modify the producer's request for the alternative staging regime4 7#b7 ,review of requests for alternative staging regime 7,a7 ,in general ,in reviewing the request of a producer of passenger vehicles or light trucks for the alternative staging regime1 the ,trade ,representative1 in consultation with the interagency committee1 shall determine-- 7i7 whether the request covers #aj percent or less1 or more than #aj percent1 of the production of passenger vehicles or light trucks in ,,usmca countries by the producer2 and 7ii7 whether the producer has identified with specificity which of the requirements set forth in articles #b through #g of the automotive appendix the producer is unable to meet based on current business plans4 7,b7 ,approval of alternative staging regime for passenger vehicle or light truck production not exceeding #aj percent of ,north ,american production ,the ,trade ,representative shall authorize the use of the alternative staging regime if the ,trade ,representative1 in consultation with the interagency committee1 determines that-- 7i7 the request for the alternative staging regime covers passenger vehicles or light trucks that do not exceed #aj percent of the production of passenger vehicles or lights trucks1 as the case may be1 in ,,usmca countries by the producer2 and 7ii7 the producer has identified with specificity which of the requirements set forth in articles #b through #g of the automotive appendix the producer is unable to meet based on current business plans4 7,c7 ,approval of alternative staging regime for passenger vehicle or light truck production exceeding #aj percent of north american production ,the ,trade ,representative shall authorize the use of the alternative staging regime if the ,trade ,representative1 in consultation with the interagency committee1 determines that-- 7i7 the request for the alternative staging regime covers more than #aj percent of the production of passenger vehicles or lights trucks1 as the case may be1 in ,,usmca countries by the producer2 7ii7 the producer has identified with specificity which of the requirements set forth in articles #b through #g of the automotive appendix the producer is unable to meet based on current business plans2 and 7iii7 the detailed and credible plan of the producer submitted under paragraph 7#a77;,c77iii7 is based on substantial evidence and reasonably calculated to bring the production of the passenger vehicles or light trucks1 as the case may be1 into compliance with the requirements set forth in articles #b through #g of the automotive appendix after the alternative staging regime period has expired4 7#c7 ,procedures related to reviewing and approving requests 7,a7 ,deadline for review ,not later than #abj days after receiving a request of a producer for the alternative staging regime1 the ,trade ,representative1 in consultation with the interagency committee1 shall-- 7i7 review the request2 7ii7 make a determination with respect to whether to authorize the use of the alternative staging regime2 and 7iii7 provide to each producer a response in writing stating whether the producer may use the alternative staging regime4 7,b7 ,establishment of a public list ,the ,trade ,representative shall maintain1 and update as necessary1 a public list of the producers of covered vehicles that have been authorized to use the alternative staging regime4 7,c7 ,reporting ,before a determination is made with respect to whether to authorize the use of the alternative staging regime1 the ,trade ,representative shall provide to the appropriate congressional committees a summary of requests for the alternative staging regime4 7#d7 ,alternative staging regime review and modification 7,a7 ,material changes to circumstances 7i7 ,notification ,if the request of a producer to use the alternative staging regime for more than #aj percent of the total production of passenger vehicles or light trucks1 as the case may be1 in ,,usmca countries by the producer has been granted1 the producer shall notify the ,trade ,representative and the interagency committee of any material changes to the information contained in the request1 including any supplemental information relating to that request1 and of any material changes to circumstances1 that will affect the producer's ability to meet any of the requirements set forth in articles #b through #g of the automotive appendix after the alternative staging regime period has expired4 7ii7 ,requests for modification of plans 7,i7 ,in general ,a producer that submits a notification under clause 7i7 with respect to a change described in that clause may submit to the ,trade ,representative and the interagency committee a request for modification of its plan4 7,,ii7 ,determination regarding modification ,not later than #ij days after receiving a request submitted under subclause 7,i71 the ,trade ,representative1 in consultation with the interagency committee1 shall-- 7aa7 review the request2 7bb7 make a determination with respect to whether the modified plan is based on substantial evidence and reasonably calculated to ensure that the producer will still be able to meet the requirements set forth in articles #b through #g of the automotive appendix after the alternative staging regime period has expired2 7cc7 if the ,trade ,representative makes an affirmative determination under item 7bb71 approve the modified plan2 and 7dd7 notify the producer in writing of the determination4 7iii7 ,inability to meet requirements ,if the ,trade ,representative1 in consultation with the interagency committee1 determines that the information provided by a producer under clause 7i7 demonstrates that the producer will no longer be able to meet the requirements set forth in articles #b through #g of the automotive appendix after the alternative staging regime period has expired1 the ,trade ,representative shall notify the producer in writing1 and no claim for preferential tariff treatment may be made1 on or after the date of the determination1 with respect to a covered vehicle of the producer pursuant to the alternative staging regime4 7#e7 ,failure to meet requirements for alternative staging regime 7,a7 ,in general ,if1 at any time1 the ,trade ,representative1 in consultation with the interagency committee1 makes a determination described in subparagraph 7,b7 with respect to a producer of covered vehicles subject to the alternative staging regime-- 7i7 any claim for preferential tariff treatment under the alternative staging regime for any covered vehicle of that producer shall be considered invalid2 and 7ii7 notwithstanding the finality of a liquidation of an entry1 the importer of any covered vehicle of that producer shall be liable for the duties1 taxes1 and fees that would have been applicable to that vehicle if preferential tariff treatment pursuant to the alternative staging regime had not applied when the vehicle was entered for consumption1 or withdrawn from warehouse for consumption1 plus interest assessed on or after the date of entry and before the date of the determination4 7,b7 ,determination described ,a determination described in this subparagraph is a determination that a producer of covered vehicles subject to the alternative staging regime-- 7i7 has failed to take the steps set forth in the producer's request for the alternative staging regime and1 as a result of that failure1 the producer will no longer be able to meet the requirements set forth in articles #b through #g of the automotive appendix after the alternative staging regime period has expired2 7ii7 has provided false or misleading information in the producer's request2 or 7iii7 in the case of a producer authorized to use the alternative staging regime for more than #aj percent of the total production of passenger vehicles or light trucks in ,,usmca countries by the producer1 has failed to notify the ,trade ,representative under paragraph 7#d77;,a7 of material changes to circumstances that will prevent the producer from meeting any of the requirements set forth in articles #b through #g of the automotive appendix after the alternative staging regime period has expired4 7e7 ,verification of labor value content requirements 7#a7 ,in general ,as part of a verification conducted under section #bjg1 the ,secretary of the ,treasury1 in conjunction with the ,secretary of ,labor1 may conduct a verification of whether a covered vehicle complies with the labor value content requirements set forth in article #g of the automotive appendix or1 if the producer is subject to the alternative staging regime under subsection 7d71 articles #g and #h of that appendix4 7#b7 ,role of ,secretary of ,labor ,in cooperation with the ,secretary of the ,treasury1 the ,secretary of ,labor shall participate in any verification conducted under paragraph 7#a7 by verifying whether the production of covered vehicles by a producer meets the high-wage components of the labor value content requirements1 including the wage component of the high-wage material and manufacturing expenditures1 the high-wage technology expenditures1 and the high-wage assembly expenditures1 within the meaning given those terms in article #g of that appendix4 7#c7 ,role of ,secretary of the ,treasury ,the ,secretary of the ,treasury shall participate in any verification conducted under paragraph 7#a7 by verifying-- 7,a7 the components of the labor value content requirements not covered by paragraph 7#b71 including the annual purchase value and cost components of the high-wage material and manufacturing expenditures1 within the meaning given those terms in article #g of that appendix2 and 7,b7 whether the producer has met the labor value content requirements4 7#d7 ,actions by ,secretary of ,labor 7,a7 ,in general ,in participating in a verification conducted under paragraph 7#a71 the ,secretary of ,labor shall assist the ,secretary of the ,treasury to do the following3 7i7 ,examine1 or cause to be examined1 upon reasonable notice1 any record 7including any statement1 declaration1 document1 or electronically generated or machine readable data7 described in the notice with reasonable specificity4 7ii7 ,request information from any officer1 employee1 or agent of a producer of automotive goods1 as necessary1 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 #g of the automotive appendix or1 if the producer is subject to the alternative staging regime under subsection 7d71 articles #g and #h of that appendix4 7,b7 ,nature of information requested ,records and information that may be examined or requested under subparagraph 7,a7 may relate to wages1 hours1 job responsibilities1 and other information in any plant or facility relied on by a producer of covered vehicles to demonstrate that the production of such vehicles by the producer meets the labor value content requirements set forth in article #g of the automotive appendix or1 if the producer is subject to the alternative staging regime under subsection 7d71 articles #g and #h of that appendix4 7#e7 ,whistleblower protections 7,a7 ,unlawful acts ,it is unlawful to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or in any other manner discriminate against any person for-- 7i7 disclosing information to a ,federal agency or to any person relating to a verification under this subsection2 or 7ii7 cooperating or seeking to cooperate in a verification under this subsection4 7,b7 ,enforcement ,the ,secretary of the ,treasury and the ,secretary of ,labor are authorized to take such actions under existing law1 including imposing appropriate penalties and seeking appropriate injunctive relief1 as may be necessary to ensure compliance with this subsection and as provided for in existing regulations4 7#f7 ,protests of decisions of ,u4,s4 ,customs and ,border ,protection 7,a7 ,in general ,if a protest under section #ead of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aead7 of a decision of ,u4,s4 ,customs and ,border ,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 7#a71 the ,secretary of ,labor shall-- 7i7 conduct an administrative review of the portion of the decision relating to such requirements2 and 7ii7 provide the results of that review to the ,commissioner4 7,b7 ,no accelerated disposition ,an importer may not request the accelerated disposition under section #eae7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeae7;b77 of a protest against a decision of the ,commissioner described in subparagraph 7,a74 7f7 ,administration by ,department of ,labor ,the ,secretary of ,labor is authorized to establish or designate an office within the ,department of ,labor to carry out the provisions of this section for which the ,department is responsible4 7g7 ,review and reports 7#a7 ,periodic review on automotive rules of origin 7,a7 ,in general ,the ,trade ,representative1 in consultation with the interagency committee1 shall conduct a biennial review of the operation of the ,,usmca with respect to trade in automotive goods1 including-- 7i7 to the extent practicable1 a summary of actions taken by producers to demonstrate compliance with the automotive rules of origin1 use of the alternative staging regime1 enforcement of such rules of origin1 and other relevant matters2 and 7ii7 whether the automotive rules of origin are effective and relevant in light of new technology and changes in the content1 production processes1 and character of automotive goods4 7,b7 ,report 7i7 ,in general ,the ,trade ,representative shall submit to the appropriate congressional committees a report on each review conducted under subparagraph 7,a74 7ii7 ,initial report ,the first report required under clause 7i7 shall be submitted not later than #b years after the date on which the ,,usmca enters into force4 7iii7 ,termination of reporting requirement ,the requirement to submit reports under clause 7i7 shall terminate on the date that is #aj years after the date on which the ,,usmca enters into force4 7#b7 ,report by ,international ,trade ,commission ,not later than #a year after the submission of the first report required by paragraph 7#a77;,b71 and every #b years thereafter until the date that is #ab years after the date on which the ,,usmca enters into force1 the ,international ,trade ,commission shall submit to the appropriate congressional committees and the ,president a report on-- 7,a7 the economic impact of the automotive rules of origin on-- 7i7 the gross domestic product of the ,united ,states2 7ii7 exports from and imports into the ,united ,states2 7iii7 aggregate employment and employment opportunities in the ,united ,states2 7iv7 production1 investment1 use of productive facilities1 and profit levels in the automotive industries and other pertinent industries in the ,united ,states affected by the automotive rules of origin2 7v7 wages and employment of workers in the automotive sector in the ,united ,states2 and 7vi7 the interests of consumers in the ,united ,states2 7,b7 the operation of the automotive rules of origin and their effects on the competitiveness of the ,united ,states with respect to production and trade in automotive goods1 taking into account developments in technology1 production processes1 or other related matters2 7,c7 whether the automotive rules of origin are relevant in light of technological changes in the ,united ,states2 and 7,d7 such other matters as the ,international ,trade ,commission considers relevant to the economic impact of the automotive rules of origin1 including prices1 sales1 inventories1 patterns of demand1 capital investment1 obsolescence of equipment1 and diversification of production in the ,united ,states4 7#c7 ,report by ,comptroller ,general ,not later than #d years after the date on which the ,,usmca enters into force1 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 effectiveness of ,united ,states ,government interagency coordination on implementation1 enforcement1 and verification of the automotive rules of origin and the customs procedures of the ,,usmca with respect to automotive goods4 7#d7 ,public participation ,before submitting a report under paragraph 7#a77;,b7 or 7#b71 the agency responsible for the report shall-- 7,a7 solicit information relating to matters that will be addressed in the report from producers of automotive goods1 labor organizations1 and other interested parties2 7,b7 provide for an opportunity for the submission of comments1 orally or in writing1 from members of the public relating to such matters2 and 7,c7 after submitting the report1 post a version of the report appropriate for public viewing on a publicly available internet website for the agency4 7h7 ,effective date ,this section shall-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 apply with respect to goods entered1 or withdrawn from warehouse for consumption1 on or after the date on which the ,,usmca enters into force4 #bjc4 ,merchandise processing fee 7a7 ,in general ,section #acjca7;b77#aj7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7b77#aj77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,no fee may be charged under paragraph 7#i7 or 7#aj7 of subsection 7a7 with respect to goods that qualify as originating goods under section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act or qualify for duty-free treatment under ,annex #f-;,a of the ,,usmca 7as defined in section #c of that ,act74 ,any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the ,customs ,user ,fee ,account4 4 7b7 ,effective date 7#a7 ,in general ,the amendment made by subsection 7a7 shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a good entered or released on or after that date4 7#b7 ,transition from ,,nafta treatment ,in the case of a good entered or released before the date on which the ,,usmca enters into force-- 7,a7 the amendments made by subsection 7a7 to section #acjca7;b77#aj77;,b7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7b77#aj77;,b77 shall not apply with respect to the good2 and 7,b7 section #acjca7;b77#aj77;,b7 of such ,act1 as in effect on the day before that date1 shall continue to apply on and after that date with respect to the good4 7#c7 ,entered or released defined ,in this subsection1 the term entered or released has the meaning given that term in section #acjca7;b77#h77;,e7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7b77#h77;,e774 #bjd4 ,disclosure of incorrect information2 false certifications of origin2 denial of preferential tariff treatment 7a7 ,disclosure of incorrect information ,section #eib of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeib7 is amended-- 7#a7 in subsection 7c71 by striking paragraph 7#e7 and inserting the following3 7#e7 ,prior disclosure regarding claims under the ,,usmca ,an importer shall not be subject to penalties under subsection 7a7 for making an incorrect claim that a good qualifies as an originating good under section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act if the importer1 in accordance with regulations prescribed by the ,secretary of the ,treasury1 promptly makes a corrected declaration and pays any duties owing with respect to that good4 2 and 7#b7 by striking subsection 7f7 and inserting the following3 7f7 ,false certifications of origin under the ,,usmca 7#a7 ,in general ,subject to paragraph 7#b71 it is unlawful for any person to certify falsely1 by fraud1 gross negligence1 or negligence1 in a ,,usmca certification of origin 7as such term is defined in section #ejh of this ,act7 that a good exported from the ,united ,states qualifies as an originating good under the rules of origin provided for in section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 ,the procedures and penalties of this section that apply to a violation of subsection 7a7 also apply to a violation of this subsection4 7#b7 ,prompt and voluntary disclosure of incorrect information ,no penalty shall be imposed under this subsection if1 promptly after an exporter or producer that issued a ,,usmca certification of origin has reason to believe that such certification contains or is based on incorrect information1 the exporter or producer voluntarily provides written notice of such incorrect information to every person to whom the certification was issued4 7#c7 ,exception ,a person shall not be considered to have violated paragraph 7#a7 if-- 7,a7 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 circumstances2 and 7,b7 the person promptly and voluntarily provides written notice of the change in circumstances to all persons to whom the person provided the certification4 4 7b7 ,denial of preferential tariff treatment ,section #ead of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aead7 is amended-- 7#a7 in subsection 7b71 by striking and article #aijd and all that follows through ,free-,trade ,agreement2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the matter following subparagraph 7,d71 by striking section #bjb of the ,north ,american ,free ,trade ,agreement ,implementation ,act and inserting section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 and 7,b7 in paragraph 7#b77;,e7-- 7i7 by striking section #bjb of the ,north ,american ,free ,trade ,agreement ,implementation ,act and inserting section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 and 7ii7 by striking ,,nafta ,certificate of ,origin and inserting ,,usmca certification of origin 7as such term is defined in section #ejh of this ,act72 7#c7 in subsection 7e71 by striking section #bjb of the ,north ,american ,free ,trade ,agreement ,implementation ,act and inserting section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 and 7#d7 by striking subsection 7f7 and inserting the following3 7f7 ,denial of preferential tariff treatment under the ,,usmca ,if ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement of the ,department of ,homeland ,security finds indications of a pattern of conduct by an importer1 exporter1 or producer of false or unsupported representations that goods qualify under the rules of origin provided for in section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act1 ,u4,s4 ,customs and ,border ,protection1 in accordance with regulations prescribed by the ,secretary of the ,treasury1 may suspend preferential tariff treatment under the ,,usmca 7as defined in section #c of that ,act7 to entries of identical goods covered by subsequent representations by that importer1 exporter1 or producer until ,u4,s4 ,customs and ,border ,protection determines that representations of that person are in conformity with such section #bjb4 4 7c7 ,effective date 7#a7 ,in general ,the amendments made by subsections 7a7 and 7b7 shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a good entered1 or exported from the ,united ,states1 as the case may be1 on or after that date4 7#b7 ,transition from ,,nafta treatment ,in the case of a good entered1 or exported from the ,united ,states1 as the case may be1 before the date on which the ,,usmca enters into force-- 7,a7 the amendments made by subsection 7a7 to section #eib of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeib7 and the amendments made by subsection 7b7 to section #ead of such ,act 7#ai ,u4,s4,c4 #aead7 shall not apply with respect to the good2 and 7,b7 sections #eib and #ead of such ,act1 as in effect on the day before that date1 shall continue to apply on and after that date with respect to the good4 7#c7 ,entered defined ,in this subsection1 the term entered includes a withdrawal from warehouse for consumption4 #bje4 ,reliquidation of entries 7a7 ,in general ,section #ebj7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aebj7;d77 is amended-- 7#a7 in the matter preceding paragraph 7#a7-- 7,a7 by striking section #bjb of the ,north ,american ,free ,trade ,agreement ,implementation ,act12 7,b7 by striking 1 or section #bjc and inserting 1 section #bjc2 and 7,c7 by striking for which and inserting 1 or section #bjb of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7except with respect to any merchandise processing fees71 for which2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 copies of all applicable certificates or certifications of origin2 and 4 7b7 ,effective date 7#a7 ,in general ,the amendments made by subsection 7a7 shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a good entered for consumption1 or withdrawn from warehouse for consumption1 on or after that date4 7#b7 ,transition from ,,nafta treatment ,in the case of a good entered for consumption1 or withdrawn from warehouse for consumption1 before the date on which the ,,usmca enters into force-- 7,a7 the amendments made by subsection 7a7 to section #ebj7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aebj7;d77 shall not apply with respect to the good2 and 7,b7 section #ebj7;d7 of such ,act1 as in effect on the day before that date1 shall continue to apply on and after that date with respect to the good4 #bjf4 ,recordkeeping requirements 7a7 ,in general ,section #ejh of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aejh7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,exports and imports relating to ,,usmca countries 7#a7 ,definitions ,in this subsection3 7,a7 ,,usmca2 ,,usmca country ,the terms ,,usmca and ,,usmca country have the meanings given those terms in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 7,b7 ,,usmca certification of origin ,the term ,,usmca certification of origin means the certification established under article #e4b4a of the ,,usmca that a good qualifies as an originating good under the ,,usmca4 7#b7 ,exports to ,,usmca countries ,any person 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 make1 keep1 and1 pursuant to rules and regulations prescribed by the ,secretary of the ,treasury1 render for examination and inspection1 all records and supporting documents related to the origin of the good 7including the certification or copies thereof71 including records related to-- 7,a7 the purchase1 cost1 value1 and shipping of1 and payment for1 the good2 7,b7 the purchase1 cost1 value1 and shipping of1 and payment for1 all materials1 including indirect materials1 used in the production of the good2 and 7,c7 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 sold4 7#c7 ,exports under the ,canadian ,agreement ,any person who exports1 or who knowingly causes to be exported1 any merchandise to ,canada during such time as the ,united ,states-,canada ,free-,trade ,agreement is in force with respect to1 and the ,united ,states applies that ,agreement to1 ,canada shall make1 keep1 and render for examination and inspection such records 7including certifications of origin or copies thereof7 which pertain to the exportations4 7#d7 ,imports into the ,united ,states 7,a7 ,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 make1 keep1 and1 pursuant to rules and regulations prescribed by the ,secretary of the ,treasury of the ,secretary of ,labor1 render for examination and inspection-- 7i7 records and supporting documentation related to the importation2 7ii7 all records and supporting documents related to the origin of the good 7including the certification or copies thereof71 if the importer completed the certification2 and 7iii7 records and supporting documents necessary to demonstrate that the good did not1 while in transit to the ,united ,states1 undergo further production or any other operation other than unloading1 reloading1 or any other operation necessary to preserve the good in good condition or to transport the good to the ,united ,states4 7,b7 ,vehicle producer ,any vehicle producer whose good is the subject of a claim for preferential tariff treatment under the ,,usmca shall make1 keep1 and1 pursuant to rules and regulations promulgated by the ,secretary of the ,treasury and ,secretary of ,labor1 render for examination and inspection records and supporting documents related to the labor value content and steel and aluminum purchasing requirements for the qualification of its vehicles for preferential treatment4 7#e7 ,retention period 7,a7 ,exports to ,,usmca countries ,a person covered by paragraph 7#b7 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 relating to that certification of origin for a period of at least #e years after the date on which the certification is completed4 7,b7 ,exports under ,canadian agreement ,the records required by paragraph 7#c7 shall be kept for such periods of time as the ,secretary shall prescribe1 except that-- 7i7 no period of time for the retention of the records may exceed #e years from the date of entry1 filing of a reconciliation1 or exportation1 as appropriate2 and 7ii7 records for any drawback claim shall be kept until the third anniversary of the date of liquidation of the claim4 7,c7 ,imports into the ,united ,states 7i7 ,in general ,an importer covered by paragraph 7#d77;,a7 shall keep the records and supporting documents required by such paragraph for a period of at least #e years after the date of importation of the good4 7ii7 ,vehicle producer ,a vehicle producer covered by paragraph 7#d77;,b7 shall keep the records and supporting documents required by paragraph 7#d77;,b7 for a period of at least #e years after the date of filing the certifications required under paragraphs 7#a7 and 7#b7 of section #bjb;,a7c7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 2 7#b7 by striking subsection 7c72 and 7#c7 in the paragraph heading for subsection 7e77#a71 by striking nafta and inserting usmca4 7b7 ,effective date 7#a7 ,in general ,the amendments made by subsection 7a7 shall take effect on the date on which the ,,usmca enters into force4 7#b7 ,applicability 7,a7 ,exports ,paragraphs 7#b7 and 7#e77;,a7 of section #ejh7;b7 of the ,tariff ,act of #aicj1 as amended by subsection 7a71 shall apply with respect to a good exported from the ,united ,states on or after the date on which the ,,usmca enters into force4 7,b7 ,imports ,paragraphs 7#d7 and 7#e77;,c7 of section #ejh7;b7 of the ,tariff ,act of #aicj1 as amended by subsection 7a71 shall apply with respect to a good that is entered for consumption1 or withdrawn from warehouse for consumption1 on or after the date on which the ,,usmca enters into force4 7#c7 ,transition from ,,nafta treatment 7,a7 ,exports ,in the case of a good exported from the ,united ,states before the date on which the ,,usmca enters into force-- 7i7 the amendments made by subsection 7a7 to paragraphs 7#b7 and 7#e77;,a7 of section #ejh7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aejh7 shall not apply with respect to the good2 and 7ii7 section #ejh of such ,act1 as in effect on the day before that date1 shall continue to apply on and after that date with respect to the good4 7,b7 ,imports ,in the case of a good that is entered for consumption1 or withdrawn from warehouse for consumption1 before the date on which the ,,usmca enters into force1 the amendments made by subsection 7a7 to paragraphs 7#d7 and 7#e77;,c7 of section #ejh7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aejh7 shall not apply with respect to the good4 #bjg4 ,actions regarding verification of claims under the ,,usmca 7a7 ,verification 7#a7 ,origin verification 7,a7 ,in general ,the ,secretary of the ,treasury may1 pursuant to article #e4i of the ,,usmca1 conduct a verification of whether a good is an originating good under section #bjb or #bjb;,a4 7,b7 ,additional requirements ,if the ,secretary conducts a verification under subparagraph 7,a71 the ,president may direct the ,secretary-- 7i7 during the verification process1 to release the good only upon payment of duties or provision of security2 and 7ii7 if the ,secretary makes a negative determination under subsection 7b71 to take action under subsection 7c74 7#b7 ,textile and apparel goods 7,a7 ,in general ,the ,secretary of the ,treasury may1 pursuant to article #f4f of the ,,usmca1 conduct a verification described in subparagraph 7,c7 with respect to a textile or apparel good4 7,b7 ,additional requirements ,if the ,secretary conducts a verification under subparagraph 7,a7 with respect to a textile or apparel good1 the ,president may direct the ,secretary-- 7i7 during the verification process1 to take appropriate action described in subparagraph 7,d72 and 7ii7 if the ,secretary makes a negative determination described in subsection 7b71 to take action under subsection 7c74 7,c7 ,verification described ,a verification described in this subparagraph with respect to a textile or apparel good is-- 7i7 a verification of whether the good qualifies for preferential tariff treatment under the ,,usmca2 or 7ii7 a verification of whether customs offenses are occurring or have occurred with respect to the good4 7,d7 ,action during verification ,appropriate action described in this subparagraph may consist of-- 7i7 release of the textile or apparel good that is the subject of a verification described in subparagraph 7,c7 upon payment of duties or provision of security2 7ii7 suspension of preferential tariff treatment under the ,,usmca with respect to-- 7,i7 the textile or apparel good that is the subject of a verification described in subparagraph 7,c77i71 if the ,secretary determines that there is insufficient information to support the claim for preferential tariff treatment2 or 7,,ii7 any textile or apparel good exported or produced by a person that is the subject of a verification described in subparagraph 7,c77ii7 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 good2 7iii7 denial of preferential tariff treatment under the ,,usmca with respect to-- 7,i7 the textile or apparel good that is the subject of a verification described in subparagraph 7,c77i7 if the ,secretary determines that incorrect information has been provided to support the claim for preferential tariff treatment2 or 7,,ii7 any textile or apparel good exported or produced by a person that is the subject of a verification described in subparagraph 7,c77ii7 if the ,secretary determines that the person has provided incorrect information to support the claim for preferential tariff treatment that has been made with respect to that good2 7iv7 detention of any textile or apparel good exported or produced by a person that is the subject of a verification described in subparagraph 7,c7 if the ,secretary determines that there is insufficient information to determine the country of origin of that good2 and 7v7 denial of entry into the ,united ,states of any textile or apparel good exported or produced by a person that is the subject of a verification described in subparagraph 7,c7 if the ,secretary determines that the person has provided incorrect information regarding the country of origin of that good4 7b7 ,negative determination 7#a7 ,in general ,a negative determination described in this subsection with respect to a good imported1 exported1 or produced by an importer1 exporter1 or producer is a determination by the ,secretary1 based on a verification conducted under subsection 7a71 that-- 7,a7 a claim by the importer1 exporter1 or producer that the good qualifies as an originating good under section #bjb is inaccurate2 or 7,b7 the good does not qualify for preferential tariff treatment under the ,,usmca because-- 7i7 the importer1 exporter1 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 good2 7ii7 after receipt of a written notification for a visit to conduct verification under subsection 7a71 the exporter or producer did not provide written consent for that visit2 7iii7 the importer1 exporter1 or producer does not maintain1 or denies access to1 records or documentation required under section #ejh7l7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aejh7l772 7iv7 in the case of verification conducted under subsection 7a77#b7-- 7,i7 access or permission for a site visit is denied2 7,,ii7 officials of the ,united ,states are prevented from completing a site visit on the proposed date and the exporter or producer does not provide an acceptable alternative date for the site visit2 or 7,,iii7 the exporter or producer does not provide access to relevant documents or facilities during a site visit2 or 7v7 the importer1 exporter1 or producer-- 7,i7 otherwise fails to comply with the requirements of this section2 or 7,,ii7 based on the preponderance of the evidence1 circumvents the requirements of this section4 7#b7 ,requests for information ,the ,secretary shall not make a negative determination described in paragraph 7#a77;,b7 unless-- 7,a7 in a case in which the ,secretary conducts a verification with respect to a good by written request or questionnaire submitted to the importer under article #e4i4a7;a7 of the ,,usmca and the claim for preferential tariff treatment under the ,,usmca is based on a certification of origin completed by the exporter or producer of the good1 the ,secretary requests information from the exporter or producer that completed the certification2 or 7,b7 in a case in which the ,secretary conducts a verification with respect to a textile or apparel good by requesting a site visit under article #f4f4b of the ,,usmca1 the ,secretary requests information from the importer and from any exporter or producer that provided information to the ,secretary to support the claim for preferential tariff treatment4 7c7 ,action based on determination 7#a7 ,denial of preferential tariff treatment ,upon making a negative determination described in subsection 7b77#a7 with respect to a good1 the ,secretary may deny preferential tariff treatment under the ,,usmca with respect to the good4 7#b7 ,withholding of preferential tariff treatment based on pattern of conduct ,if verifications of origin relating to identical goods indicate a pattern of conduct by an importer1 exporter1 or producer of false or unsupported representations relevant to a claim that a good imported into the ,united ,states qualifies for preferential tariff treatment under the ,,usmca1 ,u4,s4 ,customs and ,border ,protection1 in accordance with regulations prescribed by the ,secretary1 may withhold preferential tariff treatment under the ,,usmca for entries of those goods imported1 exported1 or produced by that person until ,u4,s4 ,customs and ,border ,protection determines that person has established compliance with requirements for claims for preferential tariff treatment under the ,,usmca4 7d7 ,prevention of circumvention ,in making a determination under this section1 including whether to accept or reject a claim for preferential tariff treatment under the ,,usmca1 the ,secretary shall interpret the requirements of this section in a manner to avoid and prevent circumvention of those requirements4 #bjh4 ,drawback reserved #bji4 ,other amendments to the ,tariff ,act of #aicj 7a7 ,country of origin marking ,section #cjd of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd7 is amended by striking subsection 7k7 and inserting the following3 7k7 ,treatment of goods of a ,,usmca country ,in applying this section to an article that qualifies as a good of a ,,usmca country 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act7-- 7#a7 the exemption under subsection 7a77#c77;,h7 shall be applied by substituting reasonably know for necessarily know2 7#b7 the ,secretary shall exempt the good from the requirements for marking under subsection 7a7 if the good-- 7,a7 is an original work of art2 or 7,b7 is provided for under subheading #fijd4aj1 heading #heda1 or heading #hedb of the ,harmonized ,tariff ,schedule of the ,united ,states2 and 7#c7 subsection 7b7 does not apply to the usual container of any good described in subsection 7a77#c77;,e7 or 7,i7 or paragraph 7#b77;,a7 or 7,b7 of this subsection4 4 7b7 ,examination of books and witnesses ,section #eji7;a77#b77;,a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeji7;a77#b77;,a77 is amended-- 7#a7 in clause 7i71 by inserting at the end or a vehicle producer whose good is subject to a claim of preferential tariff treatment under the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act712 and 7#b7 in clause 7ii71 by striking a ,,nafta country and all that follows through ,implementation ,act7 and inserting a ,,usmca country 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act74 7c7 ,exchange of information ,section #fbh of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afbh7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,government agency of ,,usmca country 7#a7 ,in general ,the ,secretary may authorize ,u4,s4 ,customs and ,border ,protection to exchange information with any government agency of a ,,usmca country1 if the ,secretary-- 7,a7 reasonably believes the exchange of information is necessary to implement chapter #b1 #d1 #e1 #f1 or #g of the ,,usmca2 and 7,b7 obtains assurances from such agency that the information will be held in confidence and used only for governmental purposes4 7#b7 ,definitions ,in this subsection1 the terms ,,usmca and ,,usmca country have the meanings given those terms in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 4 7d7 ,effective date 7#a7 ,in general ,the amendments made by this section shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a good entered for consumption1 or withdrawn from warehouse for consumption1 on or after that date4 7#b7 ,transition from ,,nafta treatment ,in the case of a good entered for consumption1 or withdrawn from warehouse for consumption1 before the date on which the ,,usmca enters into force-- 7,a7 the amendments made by this section shall not apply with respect to the good2 and 7,b7 the provisions of law amended by this section1 as such provisions were in effect on the day before that date1 shall continue to apply on and after that date with respect to the good4 7e7 ,effective date relating to exchange of information ,notwithstanding the amendment made by subsection 7c71 the ,secretary of the ,treasury shall retain the authority provided in section #fbh7;c7 of the ,tariff ,act of #aicj 7as in effect on the day before the date on which the ,,usmca enters into force7 to exchange information with any government agency of a ,,nafta country 7as defined in section #b of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7as in effect on the day before the date on which the ,,usmca enters into force774 #baj4 ,regulations 7a7 ,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 7except as provided by subsection 7b774 7b7 ,secretary of ,labor ,the ,secretary of ,labor shall prescribe such regulations as may be necessary to carry out the labor value content determination under section #bjb;,a4 ,,iii ,application of ,,usmca to sectors and services ,a ,relief from injury caused by import competition reserved ,b ,temporary entry of business persons reserved ,c ,united ,states-,mexico cross-,border long-,haul trucking services #cba4 ,definitions ,in this subtitle3 7#a7 ,border commercial zone ,the term border commercial zone means-- 7,a7 the area of ,united ,states territory of the municipalities along the ,united ,states-,mexico international border and the commercial zones of such municipalities as described in subpart ,b of part #cgb of title #di1 ,code of ,federal ,regulations2 and 7,b7 any additional border crossing and associated commercial zones listed in the ,federal ,motor ,carrier ,safety ,administration ,,op-#b application instructions or successor documents4 7#b7 ,cargo originating in ,mexico ,the term cargo originating in ,mexico means any cargo that enters the ,united ,states by commercial motor vehicle from ,mexico1 including cargo that may have originated in a country other than ,mexico4 7#c7 ,change in circumstances ,the term change in circumstance may include a substantial increase in services supplied by the grantee of a grant of authority4 7#d7 ,commercial motor vehicle ,the term commercial motor vehicle means a commercial motor vehicle1 as such term is defined in paragraph 7#a7 of section #caacb of title #di1 ,united ,states ,code1 that meets the requirements of subparagraph 7,a7 of such paragraph4 7#e7 ,cross-border long-haul trucking services ,the term cross-border long-haul trucking services means-- 7,a7 the transportation by commercial motor vehicle of cargo originating in ,mexico to a point in the ,united ,states outside of a border commercial zone2 or 7,b7 the transportation by commercial motor vehicle of cargo originating in the ,united ,states from a point in the ,united ,states outside of a border commercial zone to a point in a border commercial zone or a point in ,mexico4 7#f7 ,driver ,the term driver means a person that drives a commercial motor vehicle in cross-border long-haul trucking services4 7#g7 ,grant of authority ,the term grant of authority means registration granted pursuant to section #acijb of title #di1 ,united ,states ,code1 or a successor provision1 to persons of ,mexico to conduct cross-border long-haul trucking services in the ,united ,states4 7#h7 ,interested party ,the term interested party means-- 7,a7 persons of the ,united ,states engaged in the provision of cross-border long-haul trucking services2 7,b7 a trade or business association1 a majority of whose members are part of the relevant ,united ,states long-haul trucking services industry2 7,c7 a certified or recognized union1 or representative group of suppliers1 operators1 or drivers who are part of the ,united ,states long-haul trucking services industry2 7,d7 the ,government of ,mexico2 or 7,e7 persons of ,mexico4 7#i7 ,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 persons of the ,united ,states4 7#aj7 ,operator or supplier ,the term operator or supplier means an entity that has been granted registration under section #acijb of title #di1 ,united ,states ,code1 to provide cross-border long-haul trucking services4 7#aa7 ,persons of ,mexico ,the term persons of ,mexico includes-- 7,a7 entities domiciled in ,mexico organized1 or otherwise constituted under ,mexican law1 including subsidiaries of ,united ,states companies domiciled in ,mexico1 or entities owned or controlled by a ,mexican national1 which conduct cross-border long-haul trucking services1 or employ drivers who are non-,united ,states nationals2 and 7,b7 drivers who are ,mexican nationals4 7#ab7 ,persons of the ,united ,states ,the term persons of the ,united ,states includes entities domiciled in the ,united ,states1 organized or otherwise constituted under ,united ,states law1 and not owned or controlled by persons of ,mexico1 which provide cross-border long-haul trucking services and long-haul commercial motor vehicle drivers who are ,united ,states nationals4 7#ac7 ,threat of material harm ,the term threat of material harm means material harm that is likely to occur4 7#ad7 ,united ,states long-haul trucking services industry ,the term ,united ,states long-haul trucking services industry means-- 7,a7 ,united ,states suppliers1 operators1 or drivers as a whole providing cross-border long-haul trucking services2 or 7,b7 ,united ,states suppliers1 operators1 or drivers providing cross-border long-haul trucking services in a specific sub-market of the whole ,united ,states market4 #cbb4 ,investigations and determinations by ,commission 7a7 ,investigation ,upon the filing of a petition by an interested party described in subparagraph 7,a71 7,b71 or 7,c7 of section #cba7h7 which is representative of a ,united ,states long-haul trucking services industry1 or at the request of the ,president or the ,trade ,representative1 or upon the resolution of the ,committee on ,ways and ,means of the ,house of ,representatives or the ,committee on ,finance of the ,senate1 the ,international ,trade ,commission 7in this subtitle referred to as the ,commission7 shall promptly initiate an investigation to determine-- 7#a7 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 industry2 7#b7 whether a person of ,mexico who has received 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 industry2 or 7#c7 whether1 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 authority1 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 industry4 7b7 ,transmission of petition1 request1 or resolution ,the ,commission shall transmit a copy of any petition1 request1 or resolution filed under subsection 7a7 to the ,trade ,representative and the ,secretary of ,transportation4 7c7 ,publication and hearings ,the ,commission shall-- 7#a7 promptly publish notice of the commencement of any investigation under subsection 7a7 in the ,federal ,register2 and 7#b7 within a reasonable time period thereafter1 hold public hearings at which the ,commission shall afford interested parties an opportunity to be present1 to present evidence1 to respond to presentations of other parties1 and otherwise to be heard4 7d7 ,factors applied in making determinations ,in making a determination under subsection 7a7 of whether a request by a person of ,mexico to receive a grant of authority1 or a person of ,mexico who has received a grant of authority and retains such grant of authority1 as the case may be1 threatens to cause material harm to a ,united ,states long-haul trucking services industry1 the ,commission shall-- 7#a7 consider1 among other things1 and as relevant-- 7,a7 the volume and tonnage of merchandise transported2 and 7,b7 the employment1 wages1 hours of service1 and working conditions2 and 7#b7 with respect to a change in circumstances described in subsection 7a77#c71 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 harm4 7e7 ,assistance to ,commission 7#a7 ,in general ,at the request of the ,commission1 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 ,commission may request for the purpose of conducting investigations under subsection 7a7 and shall make such information available to the ,commission in a timely manner4 7#b7 ,requests for information 7,a7 ,in general ,at the request of the ,commission1 the ,secretary of ,homeland ,security1 the ,secretary of ,transportation1 the ,secretary of ,commerce1 the ,secretary of ,labor1 and the head of any other ,federal agency shall make available to the ,commission any information in their possession1 including proprietary information1 as the ,commission may require in order to assist the ,commission in making determinations under subsection 7a74 7,b7 ,confidential business information ,the ,commission shall treat any proprietary information obtained under subparagraph 7,a7 as confidential business information in accordance with regulations adopted by the ,commission to carry out this subtitle4 7f7 ,limited disclosure of confidential business 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 7a74 7g7 ,deadline for determination 7#a7 ,in general ,not later than #abj days after the date on which an investigation is initiated under subsection 7a7 with respect to a petition1 request1 or resolution1 the ,commission shall make a determination with respect to the petition1 request1 or resolution4 7#b7 ,exception ,if1 before the #ajjth day after an investigation is initiated under subsection 7a71 the ,commission determines that the investigation is extraordinarily complicated1 the ,commission shall make its determination with respect to the investigation not later than #aej days after the date referred to in paragraph 7#a74 7h7 ,applicable provisions ,for purposes of this subtitle1 the provisions of paragraphs 7#a71 7#b71 and 7#c7 of section #ccj7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accj7;d77 shall be applied with respect to determinations and findings made under this section as if such determinations and findings were made under section #bjb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbeb74 #cbc4 ,commission recommendations and report 7a7 ,in general ,if the ,commission makes an affirmative determination under section #cbb1 the ,commission shall recommend the action that is necessary to address the material harm or threat of material harm found4 7b7 ,limitation ,only those members of the ,commission who agreed to the affirmative determination under section #cbb are eligible to vote on the recommendation required to be made under subsection 7a74 7c7 ,report ,not later than the date that is #fj days after the date on which the determination is made under section #cbb1 the ,commission shall submit to the ,president a report that includes-- 7#a7 the determination and an explanation of the basis for the determination2 7#b7 if the determination is affirmative1 recommendations for action and an explanation of the basis for the recommendation2 and 7#c7 any dissenting or separate views by members of the ,commission regarding the determination4 7d7 ,public notice ,upon submitting a report to the ,president under subsection 7c71 the ,commission shall-- 7#a7 promptly make public the report 7with the exception of information which the ,commission determines to be confidential business information72 and 7#b7 publish a summary of the report in the ,federal ,register4 #cbd4 ,action by ,president with respect to affirmative determination 7a7 ,in general ,not later than the date that is #cj days after the date on which the ,president receives a report of the ,commission in which the ,commission's determination under section #cbb is affirmative or which contains a determination that the ,president may treat as affirmative in accordance with section #ccj7;d77#a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accj7;d77#a77-- 7#a7 the ,president shall1 subject to subsection 7b71 issue an order to the ,secretary of ,transportation specifying the relief to be provided1 consistent with subsection 7c71 and directing the relief to be carried out2 and 7#b7 the ,secretary of ,transportation shall carry out such relief4 7b7 ,exception ,the ,president is not required to provide relief under this section if the ,president determines that provision of such relief-- 7#a7 is not in the national economic interest of the ,united ,states2 or 7#b7 would cause serious harm to the national security of the ,united ,states4 7c7 ,nature of relief 7#a7 ,in general ,the relief the ,president is authorized to provide under this subsection is as follows3 7,a7 7i7 ,with respect to a determination relating to an investigation under section #cbb7;a77#a71 the denial or imposition of limitations on a request for a new grant of authority by the persons of ,mexico that are the subject of the investigation4 7ii7 ,with respect to a determination relating to an investigation under section #cbb7;a77#a71 the revocation of1 or restrictions on1 grants of authority issued to the persons of ,mexico that are the subject of the investigation since the date of the petition1 request1 or resolution4 7,b7 ,with respect to a determination relating to an investigation under section #cbb7;a77#b7 or 7#c71 the revocation or imposition of limitations on an existing grant of authority by the persons of ,mexico that are the subject of the investigation4 7,c7 ,with respect to a determination relating to an investigation under section #cbb7;a77#a71 7#b71 or 7#c71 a cap on the number of grants of authority issued to persons of ,mexico annually4 7#b7 ,deadline for relief ,not later than #ae days after the date on which the ,president determines the relief to be provided under this subsection1 the ,president shall direct the ,secretary of ,transportation to carry out the relief4 7d7 ,period of relief 7#a7 ,in general ,subject to paragraph 7#b71 any relief that the ,president provides under this section may not be in effect for more than #b years4 7#b7 ,extension 7,a7 ,in general ,subject to subparagraph 7,c71 the ,president1 after receiving a determination from the ,commission under subparagraph 7,b7 that is affirmative1 or which contains a determination that the ,president may treat as affirmative in accordance with section #ccj7;d77#a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accj7;d77#a77a771 may extend the effective period of relief provided under this section by up to an additional #d years1 if the ,president determines that the provision of the relief continues to be necessary to remedy or prevent material harm4 7,b7 ,action by commission 7i7 ,investigation ,upon request of the ,president1 or upon the filing by an interested party described in subparagraph 7,a71 7,b71 or 7,c7 of section #cba7h7 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 #bgj days1 and not later than the date that is #bdj days1 before the date on which any action taken under this section is to terminate1 the ,commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent material harm4 7ii7 ,notice and hearing ,the ,commission shall-- 7,i7 publish notice of the commencement of an investigation under clause 7i7 in the ,federal ,register2 and 7,,ii7 within a reasonable time thereafter1 hold a public hearing at which the ,commission shall afford interested parties an opportunity to be present1 to present evidence1 and to respond to the presentations of other parties and consumers1 and otherwise be heard4 7iii7 ,report ,not later than the date that is #fj days before relief provided under subsection 7a7 is to terminate1 or such other date as determined by the ,president1 the ,commission shall submit to the ,president a report on its investigation and determination under this subparagraph4 7,c7 ,period of relief ,any relief provided under this section1 including any extension thereof1 may not1 in the aggregate1 be in effect for more than #f years4 7,d7 ,limitation 7i7 ,in general ,except as provided in clause 7ii71 the ,commission may not conduct an investigation under subparagraph 7,b77i7 if-- 7,i7 the subject matter of the investigation is the same as the subject matter of a previous investigation conducted under subparagraph 7,b77i72 and 7,,ii7 less than #a year has elapsed since the ,commission made its report to the ,president of the results of such previous investigation4 7ii7 ,exception ,clause 7i7 shall not apply with respect to an investigation if the ,commission determines good cause exists to conduct the investigation4 7e7 ,regulations ,the ,commission and the ,secretary of ,transportation are authorized to promulgate such rules and regulations as may be necessary to carry out this subtitle4 #cbe4 ,confidential business information ,section #bjb7;a77#h7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbeb7;a77#h77 is amended in the first sentence by striking and title ,,iii of the ,united ,states-,panama ,trade ,promotion ,agreement ,implementation ,act and inserting 1 title ,,iii of the ,united ,states-,panama ,trade ,promotion ,agreement ,implementation ,act1 and subtitle ,c of title ,,iii of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 #cbf4 ,conforming amendments 7a7 ,registration of motor carriers ,section #acijb of title #di1 ,united ,states ,code1 is amended by inserting at the end the following3 7j7 ,mexico-,domiciled motor carriers ,notwithstanding any other provision of this section1 upon an order in accordance with section #cbd7;a7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act1 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 municipalities along the ,united ,states-,mexico international border and the commercial zones of those municipalities as directed4 4 7b7 ,effective periods of registration ,section #acije of title #di1 ,united ,states ,code1 is amended by inserting at the end the following3 7g7 ,mexico-,domiciled motor carriers ,notwithstanding any other provision of this section1 upon an order in accordance with section #cbd7;a7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act1 the ,secretary shall carry out the relief specified by revoking or imposing limitations on existing registrations of ,mexico-domiciled motor carriers of cargo to operate beyond the municipalities along the ,united ,states-,mexico international border and the commercial zones of those municipalities as directed4 4 #cbg4 ,survey of operating authorities ,the ,department of ,transportation shall undertake a survey of all existing grants of operating authority to1 and pending applications for operating authority from1 all ,mexico-domiciled motor property carriers for operating beyond the ,border ,commercial ,zones1 including ,,op-#a 7,,mx7 operating authority 7,mexico-domiciled ,carriers for ,motor ,carrier ,authority to ,operate ,beyond ,u4,s4 ,municipalities and ,commercial ,zones on the ,u4,s4-,mexico ,border7 and ,,op-#a operating authority 7,united ,states-based ,enterprise ,carrier of ,international ,cargo ,application for ,motor ,property ,carrier and ,broker ,authority74 ,the ,department of ,transportation shall prepare a report summarizing the results of such survey not less than #ahj days after the date on which the ,,usmca enters into force1 which it shall deliver to the ,office of the ,united ,states ,trade ,representative1 the ,commission1 and the ,chairs and ,ranking ,members of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,ways and ,means of the ,house of ,representatives1 and the ,committee on ,finance of the ,senate4 ,,iv ,antidumping and countervailing duties ,a ,preventing duty evasion #dja4 ,cooperation on duty evasion ,section #dad7;b7 of the ,enforce and ,protect ,act of #bjae 7#ai ,u4,s4,c4 #dcgd7;b77 is amended-- 7#a7 by inserting or a party to the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act7 after subsection 7a72 and 7#b7 by inserting or the ,,usmca1 as the case may be1 after the bilateral agreement4 ,b ,dispute settlement reserved ,c ,conforming amendments #dba4 ,judicial review in antidumping duty and countervailing duty cases ,section #eaf;,a of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,b77vii71 by striking the ,tariff ,act of #aicj and inserting this ,act2 and 7,b7 in paragraph 7#e77;,d77i71 by striking article #aijd of the ,,nafta and inserting article #aj4ab of the ,,usmca2 7#b7 in subsection 7b77#c7-- 7,a7 in the paragraph heading1 by striking nafta or united states-canada and inserting united states-canada or usmca2 and 7,b7 in the text1 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or article #aj4ab of the ,,usmca2 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#f77;,a71 by striking article #aijh of the ,,nafta and inserting article #aj4af of the ,,usmca2 7,b7 in paragraph 7#g77;,a71 by striking article #aijh of the ,,nafta and inserting article #aj4af of the ,,usmca2 7,c7 by striking paragraph 7#h72 7,d7 by redesignating paragraphs 7#i7 and 7#aj7 as paragraphs 7#h7 and 7#i71 respectively2 7,e7 in paragraph 7#i71 as redesignated by subparagraph 7,d71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,canada for such time as the ,,usmca is in force with respect to1 and the ,united ,states applies the ,,usmca to1 ,canada4 7,b7 ,mexico for such time as the ,,usmca is in force with respect to1 and the ,united ,states applies the ,,usmca to1 ,mexico4 2 and 7,f7 by adding at the end the following3 7#aj7 ,,usmca ,the term ,,usmca has the meaning given that term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 2 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or article #aj4ab of the ,,usmca2 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7i71 by striking of the ,,nafta or of the ,agreement4 and inserting of the ,agreement or article #aj4ab of the ,,usmca22 7ii7 in clause 7iii71 by striking the ,,nafta or of the ,agreement and inserting the ,agreement or the ,,usmca2 7iii7 in clause 7v71 by striking paragraph #ab of article #aije of the ,,nafta and inserting article #aj4ac of the ,,usmca2 and 7iv7 in clause 7vi71 by striking paragraph #ab of article #aije of the ,,nafta and inserting article #aj4ac of the ,,usmca2 7,c7 in paragraph 7#d77;,a71 by striking the ,north ,american ,free ,trade ,agreement and all that follows through chapter #ai of the ,agreement and inserting the ,united ,states-,canada ,free-,trade ,agreement ,implementation ,act of #aihh implementing the binational panel dispute settlement system under chapter #ai of the ,agreement1 or the ,united ,states-,mexico-,canada ,agreement ,implementation ,act implementing the binational panel dispute settlement system under chapter #aj of the ,,usmca2 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or article #aj4ab of the ,,usmca2 7ii7 in subparagraph 7,b71 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or article #aj4ab of the ,,usmca2 and 7iii7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or article #aj4ab of the ,,usmca2 and 7,,ii7 in clause 7iii71 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or chapter #aj of the ,,usmca2 7,e7 in paragraph 7#f71 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or article #aj4ab of the ,,usmca2 7,f7 in paragraph 7#g7-- 7i7 in the paragraph heading1 by striking of the nafta or the agreement and inserting of the agreement or article #aj4ab of the usmca2 and 7ii7 in subparagraph 7,a71 by striking the ,,nafta or the ,agreement and inserting article #aijd of the ,agreement or article #aj4ab of the ,,usmca2 7,g7 in paragraph 7#h7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or article #aj4ab of the ,,usmca2 and 7,,ii7 in clause 7ii7-- 7aa7 in the clause heading1 by striking nafta and inserting usmca2 and 7bb7 in the text1 by striking paragraph #aa7;a7 of article #aije of the ,,nafta and inserting article #aj4ac of the ,,usmca2 and 7ii7 in subparagraph 7,c71 by striking of the ,,nafta or the ,agreement and inserting of the ,agreement or article #aj4ab of the ,,usmca2 7,h7 in paragraph 7#i71 by striking of the ,,nafta or of the ,agreement and inserting of the ,agreement or chapter #aj of the ,,usmca2 7,i7 in paragraph 7#aj71 by striking the ,,nafta or the ,agreement and inserting the ,agreement or under article #aj4ab of the ,,usmca2 7,j7 by striking paragraph 7#aa7 and inserting the following3 7#aa7 ,suspension and termination of suspension of article #aj4ab of the ,,usmca 7,a7 ,suspension ,if a special committee established under article #aj4ac of the ,,usmca issues an affirmative finding1 the ,trade ,representative may1 in accordance with article #aj4ac of the ,,usmca1 suspend the operation of article #aj4ab of the ,,usmca4 7,b7 ,termination of suspension ,if a special committee is reconvened and makes an affirmative determination described in article #aj4ac of the ,,usmca1 any suspension of the operation of article #aj4ab of the ,,usmca shall terminate4 2 and 7,k7 in paragraph 7#ab7-- 7i7 in the paragraph heading1 by striking nafta and inserting usmca2 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,notice of suspension or termination of suspension of article #aj4ab of the ,,usmca 7i7 ,notice of suspension ,upon notification by the ,trade ,representative or the government of a country described in subparagraph 7,a7 or 7,b7 of subsection 7f77#i7 that the operation of article #aj4ab of the ,,usmca has been suspended in accordance with article #aj4ac of the ,,usmca1 the ,united ,states ,secretary shall publish in the ,federal ,register a notice of suspension of article #aj4ab of the ,,usmca4 7ii7 ,notice of termination of suspension ,upon notification by the ,trade ,representative or the government of a country described in subparagraph 7,a7 or 7,b7 of subsection 7f77#i7 that the suspension of the operation of article #aj4ab of the ,,usmca is terminated in accordance with article #aj4ac of the ,,usmca1 the ,united ,states ,secretary shall publish in the ,federal ,register a notice of termination of suspension of article #aj4ab of the ,,usmca4 2 7iii7 in subparagraph 7,b7-- 7,i7 in the subparagraph heading1 by striking article #aijd and inserting article #aj4ab of the usmca2 and 7,,ii7 in the matter preceding clause 7i71 by striking ,if and all that follows through ,,nafta-- and inserting the following3 ,if the operation of article #aj4ab of the ,,usmca is suspended in accordance with article #aj4ac of the ,,usmca--2 7iv7 in subparagraph 7,c7-- 7,i7 in clause 7i7-- 7aa7 in the matter preceding subclause 7,i71 by striking if the ,united ,states and all that follows through ,,nafta-- and inserting the following3 if the ,united ,states made an allegation under article #aj4ac of the ,,usmca and the operation of article #aj4ab of the ,,usmca was suspended pursuant to article #aj4ac of the ,,usmca--2 and 7bb7 in subclause 7,i71 by striking subsection 7f77#aj77;,a7 or 7,b7 and inserting subparagraph 7,a7 or 7,b7 of subsection 7f77#i72 and 7,,ii7 in clause 7ii71 in the matter preceding subclause 7,i71 by striking if a country and all that follows through ,,nafta-- and inserting the following3 if a country described in subparagraph 7,a7 or 7,b7 of subsection 7f77#i7 made an allegation under article #aj4ac of the ,,usmca and the operation of article #aj4ab of the ,,usmca was suspended pursuant to article #aj4ac of the ,,usmca--2 and 7v7 in subparagraph 7,d77i71 by striking a country described and all that follows through ,,nafta and inserting a country described in subparagraph 7,a7 or 7,b7 of subsection 7f77#i7 pursuant to article #aj4ac of the ,,usmca4 #dbb4 ,conforming amendments to other provisions of the ,tariff ,act of #aicj 7a7 ,disclosure of proprietary information under protective orders ,section #ggg7;f7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;f7f77 is amended-- 7#a7 in the subsection heading1 by striking ,north ,american ,free ,trade ,agreement or the ,united ,states-,canada ,agreement and inserting the ,united ,states-,canada ,agreement or the ,,usmca2 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking article #aijd of the ,,nafta and all that follows through 1 the administering authority and inserting article #aijd of the ,united ,states-,canada ,agreement or article #aj4ab of the ,,usmca1 or an extraordinary challenge committee is convened under ,annex #aijd4ac of the ,united ,states-,canada ,agreement or chapter #aj of the ,,usmca1 the administering authority2 and 7,b7 in subparagraph 7,b71 by striking chapter #ai of the ,,nafta or the ,agreement each place it appears and inserting chapter #ai of the ,agreement or chapter #aj of the ,,usmca2 7#c7 in paragraph 7#c71 by striking the ,,nafta or the ,united ,states-,canada ,agreement and inserting article #aijd of the ,united ,states-,canada ,agreement or article #aj4ab of the ,,usmca2 7#d7 in paragraph 7#d71 by striking section #djb7;b7 of the ,north ,american ,free ,trade ,agreement ,implementation ,act and inserting section #dab7;b7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 and 7#e7 by striking section #eaf;,a7f77#aj7 each place it appears and inserting section #eaf;,a7f77#i74 7b7 ,definition ,section #gga of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7 is amended by striking paragraph 7#bb7 and inserting the following3 7#bb7 ,,usmca ,the term ,,usmca has the meaning given that term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 4 #dbc4 ,conforming amendments to title #bh1 ,united ,states ,code 7a7 ,court of international trade ,chapter #ie of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in section #aeha7;i7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively2 7,b7 by inserting 7#a7 after 7i72 7,c7 in subparagraph 7,d71 as redesignated by subparagraph 7,a71 by striking paragraphs 7#a7-7c7 of this subsection and inserting subparagraphs 7,a7 through 7,c7 of this paragraph2 and 7,d7 by striking the flush text and inserting the following3 7#b7 ,this subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable by-- 7,a7 the ,court of ,international ,trade under section #eaf;,a7a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7a772 or 7,b7 a binational panel under section #eaf;,a7g7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7g774 2 7#b7 in section #aehd1 by striking the section heading and inserting the following3 #aehd4 ,civil actions under the ,united ,states-,canada ,free-,trade ,agreement or the ,,usmca 2 and 7#c7 in the table of sections at the beginning of the chapter1 by striking the item relating to section #aehd and inserting the following3 #aehd4 ,civil actions under the ,united ,states-,canada ,free-,trade ,agreement or the ,,usmca4 4 7b7 ,particular proceedings ,sections #bbja7;a7 and #bfdc7;c77#e7 of title #bh1 ,united ,states ,code1 are each amended by striking section #eaf;,a7f77#aj7 and inserting section #eaf;,a7f77#i74 ,d ,general provisions #dca4 ,effect of termination of ,,usmca country status 7a7 ,in general ,except as provided in subsection 7b71 on the date on which a country ceases to be a ,,usmca country1 the provisions of this title 7other than this section7 and the amendments made by this title shall cease to have effect with respect to that country4 7b7 ,transition provisions 7#a7 ,proceedings regarding protective orders and undertakings ,if on the date on which a country ceases to be a ,,usmca country an investigation or enforcement proceeding concerning the violation of a protective order issued under section #ggg7;f7 of the ,tariff ,act of #aicj 7as amended by this title7 or an undertaking of the government of that country is pending1 the investigation or proceeding shall continue1 and sanctions may continue to be imposed1 in accordance with the provisions of such section #ggg7;f7 7as so amended74 7#b7 ,binational panel and extraordinary challenge committee reviews ,if on the date on which a country ceases to be a ,,usmca country-- 7,a7 a binational panel review under article #aj4ab of the ,,usmca is pending1 or has been requested1 or 7,b7 an extraordinary challenge committee review under that article is pending1 or has been requested1 with respect to a determination which involves a class or kind of merchandise and to which subsection 7g77#b7 of section #eaf;,a of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7 applies1 such determination shall be reviewable under subsection 7a7 of that section4 ,in the case of a determination to which the provisions of this paragraph apply1 the time limits for commencing an action under #eaf;,a7a7 of the ,tariff ,act of #aicj shall not begin to run until the date on which the ,,usmca ceases to be in force with respect to that country4 #dcb4 ,effective date ,the provisions of this title and the amendments made by this title shall take effect on the date on which the ,,usmca enters into force1 but shall not apply-- 7#a7 to any final determination described in paragraph 7#a77;,b7 or clause 7i71 7ii71 or 7iii7 of paragraph 7#b77;,b7 of section #eaf;,a7a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7a77 notice of which is published in the ,federal ,register before such date1 or to a determination described in paragraph 7#b77;,b77vi7 of that section notice of which is received by the ,government of ,canada or ,mexico before such date2 or 7#b7 to any binational panel review under ,,nafta1 or any extraordinary challenge arising out of any such review1 that was commenced before such date4 ,v ,transfer provisions and other amendments #eja4 ,drawback 7a7 ,clerical amendment ,section #bjh of this ,act is amended in the section heading by striking reserved4 7b7 ,,usmca drawback ,subsection 7a7 of section #bjc of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cccc7 is-- 7#a7 transferred to section #bjh of this ,act2 7#b7 inserted after the section heading for that section 7as amended by subsection 7a772 and 7#c7 amended-- 7,a7 by striking ,,nafta country each place it appears and inserting ,,usmca country2 7,b7 in the subsection heading1 by striking ,,nafta and inserting ,,usmca2 7,c7 in the matter preceding paragraph 7#a7-- 7i7 by striking and the amendments made by subsection 7b72 and 7ii7 by striking ,,nafta drawback and inserting ,,usmca drawback2 7,d7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting sorting1 marking1 after repacking12 and 7ii7 in subparagraph 7,b71 by striking paragraph #ab of section ,a of ,annex #gjc4b of the ,agreement and inserting paragraph #aa of ,annex #c-;,b of the ,,usmca2 and 7,e7 by amending paragraph 7#f7 to read as follows3 7#f7 ,a good provided for in subheading #agja4ac4bj or #agja4ad4bj of the ,,hts that is imported under any re-export program or any like program and that is-- 7,a7 used as a material1 or 7,b7 substituted for by a good of the same kind and quality that is used as a material1 in the production of a good provided for in existing ,canadian tariff item #agja4ii4jj or existing ,mexican tariff item #agja4ii4ja1 #agja4ii4jb1 or #agja4ii4ii 7relating to refined sugar74 4 7c7 ,same kind and quality ,section #bjh of this ,act1 as amended by subsection 7b71 is further amended by adding at the end the following3 7b7 ,same kind and quality ,for purposes of paragraphs 7#c77;,a77iii71 7#e77;,c71 7#f77;,b71 and 7#h7 of subsection 7a71 and for purposes of obtaining refunds1 waivers1 or reductions of customs duties with respect to a good subject to ,,usmca drawback under section #cac7n77#b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7n77#b771 a good is a good of the same kind and quality as another good-- 7#a7 for a good described in such paragraph 7#f77;,b71 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 force2 or 7#b7 for other goods if-- 7,a7 the good is classified under the same #h-;digit ,,hts subheading number as the other good2 or 7,b7 drawback would be allowed with respect to the goods under subsection 7b77#d71 7j77#a71 or 7p7 of section #cac of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac74 4 7d7 ,certain fees2 inapplicability to countervailing and antidumping duties ,subsections 7d7 and 7e7 of section #bjc of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cccc7 are-- 7#a7 transferred to section #bjh of this ,act2 7#b7 inserted after subsection 7b7 of section #bjh 7as added by subsection 7c772 7#c7 redesignated as subsections 7c7 and 7d71 respectively2 and 7#d7 amended1 in subsection 7c7 7as redesignated by paragraph 7#c771 by striking exported to and all that follows through the period at the end and inserting exported to a ,,usmca country44 7e7 ,conforming amendments 7#a7 ,bonded manufacturing warehouses ,section #caa of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acaa7 is amended1 in the eleventh paragraph-- 7,a7 by striking ,,nafta each place it appears2 7,b7 by striking section #bjc7;a7 of the ,north ,american ,free ,trade ,agreement ,implementation ,act and inserting section #bjh7;a7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 and 7,c7 by striking section #b7d7 of that ,act and inserting section #c of that ,act4 7#b7 ,bonded smelting and refining warehouses ,section #cab of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acab7 is amended1 in subsections 7b7 and 7d7-- 7,a7 by striking ,,nafta each place it appears and inserting ,,usmca2 7,b7 by striking section #b7d7 of the ,north ,american ,free ,trade ,agreement ,implementation ,act each place it appears and inserting section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 and 7,c7 by striking section #bjc7;a7 of that ,act each place it appears and inserting section #bjh7;a7 of that ,act4 7#c7 ,drawback and refunds ,section #cac of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7 is amended-- 7,a7 in subsection 7j77#d71 by striking subparagraph 7,a7 and inserting the following3 7,a7 7i7 ,effective upon the entry into force of the ,,usmca1 the exportation to a ,,usmca country of merchandise that is fungible with and substituted for imported merchandise1 other than merchandise described in paragraphs 7#a7 through 7#h7 of section #bjh7;a7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act1 shall not constitute an exportation for purposes of paragraph 7#b74 7ii7 ,in this subparagraph1 the terms ,,usmca and ,,usmca country have the meanings given those terms in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act4 2 7,b7 in subsection 7n7-- 7i7 in paragraph 7#a71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 the term ,,usmca country has the meaning given that term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 7,b7 the term good subject to ,,usmca drawback has the meaning given that term in section #bjh7;a7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 2 and 7ii7 in paragraphs 7#b7 and 7#c71 by striking ,,nafta each place it appears and inserting ,,usmca2 and 7,c7 in subsection 7o71 by striking ,,nafta each place it appears and inserting ,,usmca4 7#d7 ,manipulation in warehouse ,section #efb of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aefb7 is amended-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 without payment of duties for exportation to a ,,usmca country1 as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act1 if the merchandise is of a kind described in any of paragraphs 7#a7 through 7#h7 of section #bjh7;a7 of that ,act2 2 7,b7 in paragraph 7#b7-- 7i7 by striking section #bjc7;a7 of that ,act and inserting section #bjh7;a7 of that ,act2 and 7ii7 by striking ,,nafta each place it appears and inserting ,,usmca2 and 7,c7 in paragraphs 7#c7 and 7#d71 by striking ,,nafta each place it appears and inserting ,,usmca4 7#e7 ,foreign trade zones ,section #c7;a77#b7 of the ,act of ,june #ah1 #aicd 7commonly known as the ,foreign ,trade ,zones ,act7 7#ai ,u4,s4,c4 #ha;c7a77#b77 is amended1 in the flush text-- 7,a7 by striking goods subject to ,,nafta drawback1 as defined in section #bjc7;a7 of the ,north ,american ,free ,trade ,agreement ,implementation ,act and inserting goods subject to ,,usmca drawback1 as defined in section #bjh7;a7 of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act2 7,b7 by striking a ,,nafta country1 as defined in section #b7d7 of that ,act and inserting a ,,usmca country1 as defined in section #c of that ,act2 and 7,c7 by striking ,,nafta each place it appears and inserting ,,usmca4 7f7 ,additional clerical amendment ,the table of contents for this ,act is amended by striking the item relating to section #bjh and inserting the following3 ,sec4 #bjh4 ,drawback4 4 7g7 ,effective date 7#a7 ,in general ,each transfer1 redesignation1 and amendment made by subsections 7b7 through 7e7 shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a good entered1 or withdrawn from warehouse for consumption1 on or after that date4 7#b7 ,transition from ,,nafta treatment ,in the case of a good entered1 or withdrawn from warehouse for consumption1 before the date on which the ,,usmca enters into force-- 7,a7 the amendments made by subsections 7b7 through 7e7 shall not apply with respect to the good2 and 7,b7 the provisions of law amended by such subsections1 as such provisions were in effect on the day before that date1 shall continue to apply on and after that date with respect to the good4 #ejb4 ,relief from injury caused by import competition 7a7 ,clerical amendment ,subtitle ,a of title ,,iii of this ,act is amended in the subtitle heading by striking reserved4 7b7 ,article impact in import relief cases ,section #caa of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #ccga7 is-- 7#a7 transferred to subtitle ,a of title ,,iii of this ,act2 7#b7 inserted after the heading 7as amended by subsection 7a77 of such subtitle2 7#c7 redesignated as section #cja2 and 7#d7 amended-- 7,a7 in the section heading1 by striking ,,nafta and inserting ,,usmca2 7,b7 in subsection 7c71 by striking section #cab7;a7 and inserting section #cjb7;a72 and 7,c7 by striking ,,nafta each place it appears and inserting ,,usmca4 7c7 ,presidential action regarding imports ,section #cab of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #ccgb7 is-- 7#a7 transferred to subtitle ,a of title ,,iii of this ,act2 7#b7 inserted after section #cja 7as inserted and redesignated by subsection 7b772 7#c7 redesignated as section #cjb2 and 7#d7 amended-- 7,a7 in the section heading1 by striking ,,nafta and inserting ,,usmca2 7,b7 in subsection 7b71 in the subsection heading1 by striking ,,nafta and inserting ,,usmca2 7,c7 in subsection 7c71 in the subsection heading1 by striking ,,nafta and inserting ,,usmca2 and 7,d7 by striking ,,nafta each place it appears and inserting ,,usmca4 7d7 ,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 following3 8,subtitle ,a--,relief ,from ,injury ,caused by ,import ,competition 8,sec4 #cja4 ,,usmca article impact in import relief cases under the ,trade ,act of #aigd4 8,sec4 #cjb4 ,presidential action regarding ,,usmca imports404 7e7 ,effective date 7#a7 ,in general ,each transfer1 redesignation1 and amendment made by this section shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to an investigation under chapter #a of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbea et seq47 initiated on or after that date4 7#b7 ,transition from ,,nafta ,in the case of an investigation under chapter #a of title ,,ii of the ,trade ,act of #aigd initiated before the date on which the ,,usmca enters into force-- 7,a7 the transfers1 redesignations1 and amendments made by this section shall not apply with respect to the investigation2 and 7,b7 sections #caa and #cab of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #ccga and #ccgb71 as in effect on the day before that date1 shall continue to apply on and after that date with respect to the investigation4 #ejc4 ,temporary entry 7a7 ,clerical amendment ,subtitle ,b of title ,,iii of this ,act is amended in the subtitle heading by striking reserved4 7b7 ,nonimmigrant traders and investors ,section #cda of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7,public ,law #ajc-ahb2 #ajg ,stat4 #baaf7 is-- 7#a7 transferred to subtitle ,b of title ,,iii of this ,act2 7#b7 inserted after the heading 7as amended by subsection 7a77 of such subtitle2 7#c7 redesignated as section #caa2 and 7#d7 amended-- 7,a7 by striking subsections 7b7 and 7c72 7,b7 by striking 7a7 and all that follows through ,upon and inserting ,upon2 7,c7 by striking the ,agreement each place it appears and inserting the ,,usmca2 7,d7 by striking ,annex #afjc and inserting ,annex #af-;,a2 and 7,e7 by striking ,annex #afjh and inserting article #af4a4 7c7 ,nonimmigrant professionals ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended-- 7#a7 in subsection 7e7-- 7,a7 by striking paragraphs 7#a71 7#c71 7#d71 and 7#e72 7,b7 by redesignating paragraphs 7#b7 and 7#f7 as paragraphs 7#a7 and 7#b71 respectively2 and 7,c7 in paragraph 7#a71 as redesignated by subparagraph 7,b7-- 7i7 by striking ,annex #afjc of the ,north ,american ,free ,trade ,agreement 7in this subsection referred to as ,,nafta7 and inserting ,annex #af-;,a of the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act72 and 7ii7 by striking the third and fourth sentences and inserting the following3 ,for purposes of this paragraph1 the term citizen of ,mexico means citizen as defined in article #af4a of the ,,usmca42 and 7#b7 in subsection 7j77#a7-- 7,a7 in the first sentence1 by striking ,annex #afjc of the ,north ,american ,free ,trade ,agreement and inserting ,annex #af-;,a of the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act72 7,b7 in the second sentence1 by striking article #afjc of such ,agreement and inserting article #af4d of the ,,usmca2 and 7,c7 in the third sentence1 by striking ,annex #afjh of such ,agreement and inserting article #af4a of the ,,usmca4 7d7 ,conforming amendments 7#a7 ,integrated entry and exit data system ,section #aaj7;c77#a77;,b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfe;a7c77#a77;,b77 is amended by striking ,north ,american ,free ,trade ,agreement and inserting ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act74 7#b7 ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb ,section #fjd of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #aggc7 is amended by striking ,north ,american ,free ,trade ,agreement and inserting ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act74 7e7 ,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 following3 8,subtitle ,b--,temporary ,entry of ,business ,persons 8,sec4 #caa4 ,temporary entry404 7f7 ,effective date 7#a7 ,in general ,each transfer1 redesignation1 and amendment made by this section shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a visa issued on or after that date4 7#b7 ,transition from ,,nafta ,in the case of a visa issued before the date on which the ,,usmca enters into force-- 7,a7 the transfers1 redesignations1 and amendments made by this section shall not apply with respect to the visa2 and 7,b7 the provisions of law amended by subsections 7b7 through 7d71 as such provisions were in effect on the day before that date1 shall continue to apply on and after that date with respect to the visa4 #ejd4 ,dispute settlement in antidumping and countervailing duty cases 7a7 ,clerical amendment ,subtitle ,b of title ,,iv of this ,act is amended in the subtitle heading by striking reserved4 7b7 ,references in subtitle ,section #dja of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdca7 is-- 7#a7 transferred to subtitle ,b of title ,,iv of this ,act and inserted after the heading 7as amended by subsection 7a77 of such subtitle2 7#b7 redesignated as section #daa2 and 7#c7 amended by striking the ,agreement and inserting the ,,usmca4 7c7 ,organizational and administrative provisions ,section #djb of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdcb7 is-- 7#a7 transferred to subtitle ,b of title ,,iv of this ,act and inserted after section #daa 7as inserted and redesignated by subsection 7b772 7#b7 redesignated as section #dab2 and 7#c7 amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,d71 by striking in paragraph #a and all that follows and inserting in paragraph #a of ,annex #aj-;,b4#a and paragraph #a of ,annex #aj-;,b4#c2 and2 7,,ii7 in subparagraph 7,e71 by striking chapter #ai and inserting chapter #aj2 and 7,,iii7 in the matter following subparagraph 7,e71 by striking in paragraph #a and all that follows through ,annex #aijd4ac and inserting in paragraph #a of ,annex #aj-;,b4#a and paragraph #a of ,annex #aj-;,b4#c2 and 7ii7 in paragraph 7#b7-- 7,i7 in the paragraph heading1 by striking under and all that follows before the period2 and 7,,ii7 in the text-- 7aa7 by striking paragraph #a of ,annex #aija4b and inserting paragraph #a of ,annex #aj-;,b4#a2 7bb7 by striking chapter #ai each place it appears and inserting chapter #aj2 and 7cc7 by striking article #aije and inserting article #aj4ac2 7,b7 in subsection 7b77#a7-- 7i7 by striking chapter #ai each place it appears and inserting chapter #aj2 and 7ii7 by striking article #aije and inserting article #aj4ac2 7,c7 in subsection 7c7-- 7i7 in paragraph 7#a7-- 7,i7 by striking chapter #ai each place it appears and inserting chapter #aj2 and 7,,ii7 by striking article #aije and inserting article #aj4ac2 7ii7 in paragraph 7#b77;,b7-- 7,i7 by striking chapter #ai each place it appears and inserting chapter #aj2 and 7,,ii7 in clause 7i77,,ii71 by striking article #aije and inserting article #aj4ac2 7iii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a77i71 by striking ,annex #aija4b and inserting ,annex #aj-;,b4#a2 7,,ii7 in subparagraph 7,a77ii71 by striking under ,annex #aijd4ac and all that follows and inserting under ,annex #aj-;,b4#c and special committees under article #aj4ac42 and 7,,iii7 in subparagraph 7,b77i71 by striking chapter #ai and inserting chapter #aj2 and 7iv7 in paragraph 7#d7-- 7,i7 in subparagraph 7,a71 by striking chapter #ai and inserting chapter #aj2 and 7,,ii7 in subparagraph 7,c77iv77,,iii71 by striking chapter #ai and inserting chapter #aj2 7,d7 in subsection 7d7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking in paragraph #a and all that follows and inserting in paragraph #a of ,annex #aj-;,b4#a and paragraph #a of ,annex #aj-;,b4#c2 or2 and 7,,ii7 in subparagraph 7,b71 by striking chapter #ai and inserting chapter #aj2 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a77i71 by striking in paragraph #a and all that follows through during and inserting in paragraph #a of ,annex #aj-;,b4#a and paragraph #a of ,annex #aj-;,b4#c during2 7,,ii7 in subparagraph 7,a77ii7-- 7aa7 by striking chapter #ai and inserting chapter #aj2 and 7bb7 by striking the ,agreement and inserting the ,,usmca2 7,,iii7 in subparagraph 7,a77iii71 by striking ,,nafta and inserting ,,usmca2 7,,iv7 in subparagraph 7,b77i71 by striking in paragraph #a and all that follows and inserting in paragraph #a of ,annex #aj-;,b4#a and paragraph #a of ,annex #aj-;,b4#c2 or2 and 7,v7 in subparagraph 7,b77ii71 by striking chapter #ai and inserting chapter #aj2 and 7iii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,a71 by striking in paragraph #a and all that follows through during and inserting in paragraph #a of ,annex #aj-;,b4#a and paragraph #a of ,annex #aj-;,b4#c during2 and 7,,ii7 in subparagraph 7,b71 by striking chapter #ai and inserting chapter #aj2 7,e7 in subsection 7e71 in the matter preceding paragraph 7#a7-- 7i7 by striking the ,agreement and inserting the ,,usmca2 7ii7 by striking between the ,united ,states and all that follows through ,,nafta country2 and 7iii7 by striking ,january #c1 #aiid and inserting ,january #c1 #bjbj2 7,f7 in subsection 7f71 by striking chapter #ai and inserting chapter #aj2 7,g7 in subsection 7g71 by striking chapter #ai and inserting chapter #aj2 and 7,h7 in subsection 7h71 by striking chapter #ai and inserting chapter #aj4 7d7 ,testimony and production of papers ,section #djc of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdcc7 is-- 7#a7 transferred to subtitle ,b of title ,,iv of this ,act and inserted after section #dab 7as inserted and redesignated by subsection 7c772 7#b7 redesignated as section #dac2 and 7#c7 amended in subsection 7a71 in the matter preceding paragraph 7#a71 by striking under paragraph #ac and all that follows through the committee-- and inserting under paragraph #ac of article #aj4ab1 and the allegations before the committee include a matter referred to in paragraph #ac7;a77i7 of article #aj4ab1 for the purposes of carrying out its functions and duties under ,annex #aj-;,b4#c1 the committee--4 7e7 ,requests for review of determinations ,section #djd of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdcd7 is-- 7#a7 transferred to subtitle ,b of title ,,iv of this ,act and inserted after section #dac 7as inserted and redesignated by subsection 7d772 7#b7 redesignated as section #dad2 and 7#c7 amended-- 7,a7 in the section heading1 by striking of ,,nafta countries2 7,b7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking article #aiaa and all that follows and inserting article #aj4h1 of a ,,usmca country42 and 7ii7 in paragraph 7#b71 by striking article #aijh and inserting article #aj4af2 7,c7 in subsection 7b71 by striking article #aijd and inserting article #aj4ab2 and 7,d7 in subsection 7c71 by striking article #aijd each place it appears and inserting article #aj4ab4 7f7 ,rules of procedure for panels and committees ,section #dje of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdce7 is-- 7#a7 transferred to subtitle ,b of title ,,iv of this ,act and inserted after section #dad 7as inserted and redesignated by subsection 7e772 7#b7 redesignated as section #dae2 and 7#c7 amended-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking article #aijd and inserting article #aj4ab2 7,b7 in subsection 7b71 by striking ,annex #aijd4ac and inserting ,annex #aj-;,b4#c2 and 7,c7 in subsection 7c71 by striking ,annex #aije4f and inserting ,annex #aj-;,b4#d4 7g7 ,subsidy negotiations ,section #djf of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdcf7 is-- 7#a7 transferred to subtitle ,b of title ,,iv of this ,act and inserted after section #dae 7as inserted and redesignated by subsection 7f772 7#b7 redesignated as section #daf2 and 7#c7 amended1 in the matter preceding paragraph 7#a71 by striking ,,nafta country and inserting ,,usmca country4 7h7 ,identification of industries facing subsidized imports ,section #djg of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdcg7 is-- 7#a7 transferred to subtitle ,b of title ,,iv of this ,act and inserted after section #daf 7as inserted and redesignated by subsection 7g772 7#b7 redesignated as section #dag2 and 7#c7 amended-- 7,a7 in subsection 7a77#a77;,a7-- 7i7 by striking the ,agreement and inserting the ,,usmca2 and 7ii7 by striking ,,nafta country and inserting ,,usmca country2 7,b7 in subsection 7c71 in the matter following paragraph 7#c71 by striking ,,nafta countries and inserting ,,usmca countries2 and 7,c7 in subsection 7d77#c71 by striking the ,agreement and inserting the ,,usmca4 7i7 ,treatment of amendments to law ,section #djh of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdch7 is-- 7#a7 transferred to subtitle ,b of title ,,iv of this ,act and inserted after section #dag 7as inserted and redesignated by subsection 7h772 7#b7 redesignated as section #dah2 and 7#c7 amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking the ,agreement and all that follows through ,united ,states and inserting the ,,usmca2 and 7,b7 in the flush text1 by striking ,,nafta country and inserting ,,usmca country4 7j7 ,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 following3 ,subtitle ,b--,dispute ,settlement ,sec4 #daa4 ,references in subtitle4 ,sec4 #dab4 ,organizational and administrative provisions4 ,sec4 #dac4 ,testimony and production of papers in extraordinary challenges4 ,sec4 #dad4 ,requests for review of determination by competent investigating authorities4 ,sec4 #dae4 ,rules of procedure for panels and committees4 ,sec4 #daf4 ,subsidy negotiations4 ,sec4 #dag4 ,identification of industries facing subsidized imports4 ,sec4 #dah4 ,treatment of amendments to antidumping and countervailing duty law4 4 7k7 ,effective date 7#a7 ,in general ,each transfer1 redesignation1 and amendment made by this section shall take effect on the date on which the ,,usmca enters into force1 but shall not apply-- 7,a7 to any final determination described in paragraph 7#a77;,b7 or clause 7i71 7ii71 or 7iii7 of paragraph 7#b77;,b7 of section #eaf;,a7a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7a77 notice of which is published in the ,federal ,register before such date1 or to a determination described in paragraph 7#b77;,b77vi7 of that section notice of which is received by the ,government of ,canada or ,mexico before such date2 and 7,b7 to any binational panel review under ,,nafta1 or any extraordinary challenge arising out of any such review1 that was commenced before such date4 7#b7 ,transition from ,,nafta ,the transfers1 redesignations1 and amendments made by this section shall not apply1 and the provisions of title ,,iv of the ,north ,american ,free ,trade ,agreement ,implementation ,act1 as in effect on the day before the date on which the ,,usmca enters into force1 shall continue to apply on and after that date with respect-- 7,a7 to any final determination described in paragraph 7#a77;,b7 or clause 7i71 7ii71 or 7iii7 of paragraph 7#b77;,b7 of section #eaf;,a7a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7a77 notice of which is published in the ,federal ,register before such date1 or to a determination described in paragraph 7#b77;,b77vi7 of that section notice of which is received by the ,government of ,canada or ,mexico before the date on which the ,,usmca enters into force2 and 7,b7 to any binational panel review under ,,nafta1 or any extraordinary challenge arising out of any such review1 that was commenced before the date on which the ,,usmca enters into force4 #eje4 ,government procurement 7a7 ,general authority ,to modify discriminatory purchasing requirements ,section #cja of the ,trade ,agreements ,act of #aigi 7#ai ,u4,s4,c4 #beaa7 is amended-- 7#a7 in subsection 7b77#a71 by striking the ,north ,american ,free ,trade ,agreement and inserting the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act72 and 7#b7 in subsection 7e7-- 7,a7 by striking ,annex #ajja4a;a-#b of the ,north ,american ,free ,trade ,agreement and inserting ,annex #ac-;,a of the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act72 and 7,b7 by striking chapter #aj of such ,agreement and inserting chapter #ac of the ,,usmca4 7b7 ,definitions ,section #cjh7d77;,a77ii7 of the ,trade ,agreements ,act of #aigi 7#ai ,u4,s4,c4 #beah7d77;,a77ii77 is amended-- 7#a7 by striking a party to the ,north ,american ,free ,trade ,agreement1 and inserting ,mexico1 as a party to the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act712 and 7#b7 by striking the ,north ,american ,free ,trade ,agreement for and inserting the ,,usmca for4 7c7 ,effective date 7#a7 ,in general ,the amendments made by subsections 7a7 and 7b7 shall-- 7,a7 take effect on the date on which the ,,usmca enters into force2 and 7,b7 apply with respect to a procurement on or after that date4 7#b7 ,transition from ,,nafta treatment ,in the case of a procurement before the date on which the ,,usmca enters into force-- 7,a7 the amendments made by subsections 7a7 and 7b7 to sections #cja and #cjh of the ,trade ,agreements ,act of #aigi 7#ai ,u4,s4,c4 #beaa and #beah7 shall not apply with respect to the contract2 and 7,b7 sections #cja and #cjh of such ,act1 as in effect on the day before that date1 shall continue to apply on and after that date with respect to the contract4 #ejf4 ,actions affecting ,united ,states cultural industries 7a7 ,in general ,section #ahb7;f7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7;f77 is amended-- 7#a7 in paragraph 7#a77;,c71 by striking article #bajf of the ,north ,american ,free ,trade ,agreement and inserting article #cb4f of the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act72 and 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking article #bajf of the ,north ,american ,free ,trade ,agreement and inserting article #cb4f of the ,,usmca4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date on which the ,,usmca enters into force4 #ejg4 ,regulatory treatment of uranium purchases 7a7 ,in general ,section #ajag7;c7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #bbif;b-#f7;c77 is amended by striking ,north ,american ,free ,trade ,agreement and inserting ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act74 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date on which the ,,usmca enters into force4 #ejh4 ,report on amendments to existing law ,not later than #ahj days after the date of the enactment of this ,act1 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 committees1 and other laws1 necessary to fully carry out the provisions of1 and amendments made by1 this ,act4 ,,vi ,transition to and extension of ,,usmca ,a ,transitional provisions #fja4 ,repeal of ,north ,american ,free ,trade ,agreement ,implementation ,act ,the ,north ,american ,free ,trade ,agreement ,implementation ,act 7,public ,law #ajc-ahb2 #ai ,u4,s4,c4 #ccja et seq47 is repealed1 effective on the date on which the ,,usmca enters into force4 #fjb4 ,continued suspension of the ,united ,states-,canada ,free-,trade ,agreement ,section #eja7;c77#c7 of the ,united ,states-,canada ,free-,trade ,agreement ,implementation ,act of #aihh 7,public ,law #ajj-ddi2 #ai ,u4,s4,c4 #baab note7 is amended-- 7#a7 in the paragraph heading1 by striking nafta and inserting usmca2 and 7#b7 in the matter preceding subparagraph 7,a71 by striking between them of the ,north ,american ,free ,trade ,agreement and inserting of the ,,usmca 7as defined in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act74 ,b ,joint reviews regarding extension of ,,usmca #faa4 ,participation in joint reviews with ,canada and ,mexico regarding extension of the term of the ,,usmca and other action regarding the ,,usmca 7a7 ,in general ,pursuant to the requirements of this section1 the ,president shall consult with the appropriate congressional committees and stakeholders before each joint review1 including consultation with respect to-- 7#a7 any recommendation for action to be proposed at the review2 and 7#b7 the decision whether or not to confirm that the ,united ,states wishes to extend the ,,usmca4 7b7 ,consultations with ,congress and stakeholders 7#a7 ,publication and public hearing ,at least #bgj days before a joint review commences1 the ,trade ,representative shall publish in the ,federal ,register a notice regarding the joint review and shall1 as soon as possible following such publication1 provide opportunity for the presentation of views relating to the operation of the ,,usmca1 including a public hearing4 7#b7 ,report to ,congress ,at least #ahj days before a #f-year joint review under article #cd4g of the ,,usmca commences1 the ,trade ,representative shall report to the appropriate congressional committees regarding-- 7,a7 the assessment of the ,trade ,representative with respect to the operation of the ,,usmca2 7,b7 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 ,,usmca2 7,c7 what1 if any1 prior efforts have been made to resolve any concern that underlies that recommendation or position2 and 7,d7 the views of the advisory committees established under section #ace of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7 regarding that recommendation or position4 7c7 ,subsequent action ,to address lack of agreement on term extension 7#a7 ,in general ,if1 as part of a joint review1 any ,,usmca country does not confirm that the country wishes to extend the term of the ,,usmca under article #cd4g4c of the ,,usmca1 at least #gj days before any subsequent annual joint review meeting conducted as required under article #cd4g of the ,,usmca1 the ,trade ,representative shall report to the appropriate congressional committees regarding-- 7,a7 any reason offered by a ,,usmca country regarding why the country is unable to agree to extend the term of the ,,usmca2 7,b7 the progress that has been made in efforts to achieve resolution of the concerns of that country2 7,c7 any proposed action that the ,trade ,representative intends to raise during the meeting2 and 7,d7 the views of the advisory committees established under section #ace of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7 regarding the reasons described in subparagraph 7,a7 and any proposed action under subparagraph 7,c74 7#b7 ,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 7#a71 including by submitting to those committees copies of any proposed text that the ,trade ,representative plans to submit to the other parties to the meeting4 7d7 ,congressional engagement after joint review 7#a7 ,in general ,not later than #bj days after the ,,usmca countries have met for a joint review1 the ,trade ,representative shall brief the appropriate congressional committees regarding the positions expressed by the countries during the joint review and what1 if any1 actions were agreed to by the countries4 7#b7 ,continued engagement ,after a joint review1 the ,trade ,representative shall keep the appropriate congressional committees timely apprised of any developments arising out of or related to the review4 7e7 ,definitions ,in this section3 7#a7 ,joint review ,the term joint review means a review conducted under the process provided for in article #cd4g of the ,,usmca relating to extension of the term of the ,,usmca4 7#b7 ,,usmca country ,the term ,,usmca country has the meaning given that term in section #bjb7;a74 ,c ,termination of ,,usmca #fba4 ,termination of ,,usmca 7a7 ,termination of ,,usmca country status ,during any period in which a country ceases to be a ,,usmca country1 this ,act 7other than this subsection and title ,,ix7 and the amendments made by this ,act shall cease to have effect with respect to that country4 7b7 ,termination of ,,usmca ,on the date on which the ,,usmca ceases to be in force with respect to the ,united ,states1 this ,act and the amendments made by this ,act 7other than this subsection and title ,,ix7 shall cease to have effect4 ,,vii ,labor monitoring and enforcement #gja4 ,definitions ,in this title3 7#a7 ,labor attach ,the term labor attach means an individual hired under subtitle ,b4 7#b7 ,labor obligations ,the term labor obligations means the obligations under chapter #bc of the ,,usmca 7relating to labor74 7#c7 ,mexico's labor reform ,the term ,mexico's labor reform means the legislation on labor reform enacted by ,mexico on ,may #a1 #bjai4 ,a ,interagency ,labor ,committee for ,monitoring and ,enforcement #gaa4 ,interagency labor committee for monitoring and enforcement 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall establish an ,interagency ,labor ,committee for ,monitoring and ,enforcement 7in this title referred to as the ,interagency ,labor ,committee71 to coordinate ,united ,states efforts with respect to each ,,usmca country-- 7#a7 to monitor the implementation and maintenance of the labor obligations2 7#b7 to monitor the implementation and maintenance of ,mexico's labor reform2 and 7#c7 to request enforcement actions with respect to a ,,usmca country that is not in compliance with such labor obligations4 7b7 ,membership ,the ,interagency ,labor ,committee shall-- 7#a7 be co-chaired by the ,trade ,representative and the ,secretary of ,labor2 and 7#b7 include representatives of such other ,federal departments or agencies with relevant expertise as the ,president determines appropriate4 7c7 ,meetings ,the ,interagency ,labor ,committee shall meet at least once every #ij days during the #e-year period beginning on the date of the enactment of this ,act1 and at least once every #ahj days thereafter for #e years4 7d7 ,information sharing ,notwithstanding any other provision of law1 the members of the ,interagency ,labor ,committee may exchange information for purposes of carrying out this title4 #gab4 ,duties ,the duties of the ,interagency ,labor ,committee shall include the following3 7#a7 ,coordinating the activities of departments and agencies of the ,committee in monitoring implementation of and compliance with labor obligations1 including by-- 7,a7 requesting and reviewing relevant information from the governments of ,,usmca countries and from the public2 7,b7 coordinating visits to ,mexico as necessary to assess implementation of ,mexico's labor reform and compliance with the labor obligations of ,mexico2 7,c7 receiving and reviewing quarterly assessments from the labor attachs with respect to the implementation of and compliance with ,mexico's labor reform2 and 7,d7 coordinating with the ,secretary of ,treasury with respect to support relating to labor issues provided to ,mexico by the ,inter-,american ,development ,bank4 7#b7 ,establishing an ongoing dialogue with appropriate officials of the ,government of ,mexico regarding the implementation of ,mexico's labor reform and compliance with its labor obligations4 7#c7 ,coordinating with other institutions and governments with respect to support relating to labor issues1 such as the ,international ,labour ,organization and the ,government of ,canada4 7#d7 ,identifying priority issues for capacity-building activities in ,mexico to be funded by the ,united ,states1 drawing primarily on the expertise of the ,department of ,labor4 7#e7 ,meeting1 at least biannually during the #e-year period beginning on the date of the enactment of this ,act and at least annually for #e years thereafter1 with the ,labor ,advisory ,committee for ,trade ,negotiations and ,trade ,policy established under section #ace7;c77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7;c77#a77 7or any successor advisory committee7 to consult and provide opportunities for input with respect to-- 7,a7 the implementation of ,mexico's labor reform2 7,b7 labor capacity-building activities in ,mexico funded by the ,united ,states2 7,c7 labor monitoring efforts2 7,d7 labor enforcement priorities2 and 7,e7 other relevant issues4 7#f7 ,based on the assessments required by section #gad1 making recommendations relating to dispute settlement actions to the ,trade ,representative1 in accordance with section #gae4 7#g7 ,based on reports provided by the ,forced ,labor ,enforcement ,task ,force under section #gdc1 developing recommendations for appropriate enforcement actions by the ,trade ,representative4 7#h7 ,reviewing reports submitted by the labor experts appointed in accordance with ,annex #ca-;,a of the ,,usmca1 with respect to the functioning of that ,annex4 7#i7 ,reviewing reports submitted by the ,independent ,mexico ,labor ,expert ,board under section #gcd4 #gac4 ,enforcement priorities ,the ,interagency ,labor ,committee shall-- 7#a7 review the list of priority sectors under ,annex #ca-;,a of the ,,usmca and suggest to ,,ustr additional sectors for review by the ,,usmca countries as appropriate2 7#b7 establish and annually update a list of priority subsectors within such priority sectors to be the focus of the enforcement efforts of the ,committee1 the first of which shall consist of-- 7,a7 auto assembly2 7,b7 auto parts2 7,c7 aerospace2 7,d7 industrial bakeries2 7,e7 electronics2 7,f7 call centers2 7,g7 mining2 and 7,h7 steel and aluminum2 and 7#c7 review priority facilities within such priority subsectors for monitoring and enforcement4 #gad4 ,assessments 7a7 ,ongoing assessments ,for the #aj-year period beginning on the date of the enactment of this ,act1 except as provided in subsection 7b71 the ,interagency ,labor ,committee shall assess on a biannual basis the extent to which ,mexico is in compliance with its obligations under ,annex #bc-;,a of the ,,usmca4 7b7 ,consultation relating to annual assessment ,on or after the date that is #e years after the date of the enactment of this ,act1 the ,interagency ,labor ,committee may consult with the appropriate congressional committees with respect to the frequency of the assessment required under subsection 7a7 and1 with the approval of both such committees1 may conduct such assessment on an annual basis for the following #e years4 7c7 ,matters ,to be included ,the assessment required under subsection 7a7 shall also include each of the following3 7#a7 ,whether ,mexico is providing adequate funding to implement and enforce ,mexico's labor reform1 including specifically whether ,mexico has provided funding consistent with commitments made to contribute the following amounts for the labor reform implementation budget3 7,a7 #agf1jjj1jjj for #bjba4 7,b7 #cbe1jjj1jjj for #bjbb4 7,c7 #cbh1jjj1jjj for #bjbc4 7#b7 ,the extent to which any legal challenges to ,mexico's labor reform have succeeded in that court system4 7#c7 ,the extent to which ,mexico has implemented the federal and state labor courts1 registration entity1 and federal and state conciliation centers consistent with the timeline set forth for ,mexico's labor reform1 in the ,september #bjai policy statements by the ,government of ,mexico on a national strategy for implementation of the labor justice system1 and in subsequent policy statements in accordance with ,mexico's labor reform4 #gae4 ,recommendation for enforcement action 7a7 ,recommendation ,to initiate ,if the ,interagency ,labor ,committee determines1 pursuant to an assessment under section #gad1 as a result of monitoring activities described in section #gab7a71 or pursuant to a report of the ,independent ,mexico ,labor ,expert ,board that a ,,usmca country has failed to meets its labor obligations1 including with respect to obligations under ,annex #bc-;,a of the ,,usmca1 the ,committee shall recommend that the ,trade ,representative initiate enforcement actions under-- 7#a7 article #bc4ac or #bc4ag of the ,,usmca 7relating to cooperative labor dialogue and labor consultations72 7#b7 articles #ca4d and #ca4f of the ,,usmca 7relating to dispute settlement consultations72 or 7#c7 ,annex #ca-;,a of the ,,usmca 7relating to the rapid response labor mechanism74 7b7 ,trade ,representative determinations ,not later than #fj days after the date on which the ,trade ,representative receives a recommendation pursuant to subsection 7a71 the ,trade ,representative shall-- 7#a7 determine whether to initiate an enforcement action2 and 7#b7 if such determination is negative1 submit to the appropriate congressional committees a report on the reasons for such negative determination4 #gaf4 ,petition process 7a7 ,in general ,the ,interagency ,labor ,committee shall establish procedures for submissions by the public of information with respect to potential failures to implement the labor obligations of a ,,usmca country4 7b7 ,facility-,specific petitions ,with respect to information submitted in accordance with the procedures established under subsection 7a7 accompanying a petition relating to a denial of rights at a covered facility1 as such terms are defined for purposes of ,annex #ca-;,a of the ,,usmca3 7#a7 ,the ,interagency ,labor ,committee shall review such information within #cj days of submission and shall determine whether there is sufficient1 credible evidence of a denial of rights 7as so defined7 enabling the good-faith invocation of enforcement mechanisms4 7#b7 ,if the ,committee reaches a negative determination under paragraph 7#a71 the ,committee shall certify such determination to the appropriate congressional committees and the petitioner4 7#c7 ,if the ,committee reaches an affirmative determination under paragraph 7#a71 the ,trade ,representative shall submit a request for review1 in accordance with article #ca-;,a4#d of such ,annex1 with respect to the covered facility and shall inform the petitioner and the appropriate congressional committees of the submission of such request4 7#d7 ,not later than #fj days after the date of an affirmative determination under paragraph 7#a71 the ,trade ,representative shall-- 7,a7 determine whether to request the establishment of a rapid response labor panel in accordance with such ,annex2 and 7,b7 if such determination is negative1 certify such determination to the appropriate congressional committees in conjunction with the reasons for such determination and the details of any agreed-upon remediation plan4 7c7 ,other petitions ,with respect to information submitted in accordance with the procedures established under subsection 7a7 accompanying a petition relating to any other violation of the labor obligations of a ,,usmca country3 7#a7 ,the ,interagency ,labor ,committee shall review such information not later than #bj days after the date of the submission and shall determine whether the information warrants further review4 7#b7 ,if the ,committee reaches an affirmative determination under paragraph 7#a71 such further review shall focus exclusively on determining1 not later than #fj days after the date of such submission1 whether there is sufficient1 credible evidence that the ,,usmca country is in violation of its labor obligations1 for purposes of initiating enforcement action under chapter #bc or chapter #ca of the ,,usmca4 7#c7 ,if the ,committee reaches an affirmative determination under paragraph 7#b71 the ,trade ,representative shall-- 7,a7 not later than #fj days after the date of the determination of the ,committee1 initiate appropriate enforcement action under such chapter #bc or chapter #ca2 or 7,b7 submit to the appropriate congressional committees a notification including the reasons for which action was not initiated within such #fj-;day period4 #gag4 ,hotline ,the ,interagency ,labor ,committee shall establish a web-based hotline1 monitored by the ,department of ,labor1 to receive confidential information regarding labor issues among ,,usmca countries directly from interested parties1 including ,mexican workers4 #gah4 ,reports 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter for #aj years except as provided in subsection 7b71 the ,interagency ,labor ,committee shall submit to the appropriate congressional committees a report that includes-- 7#a7 a description of ,committee staffing and capacity building activities with ,mexico2 7#b7 information regarding the budget resources for ,mexico's labor reform and the deadlines in the ,september #bjai policy statements by the ,government of ,mexico on a national strategy for implementation of the labor justice system and in subsequent policy statements in accordance with ,mexico's labor reform2 7#c7 a summary of petitions filed in accordance with section #gaf and the use of the rapid response labor mechanism under ,annex #ca-;,a of the ,,usmca2 7#d7 the results of the most recent assessment conducted under section #gad2 and 7#e7 if1 with respect to any report of the ,independent ,mexico ,labor ,expert ,board submitted under section #gcd that includes a determination described in paragraph 7#b7 of such section1 the ,interagency ,labor ,committee does not concur with such determination1 an explanation of the reasons for not concurring in such determination and a commitment to provide an oral briefing with respect to such explanation upon request4 7b7 ,consultation relating to annual assessment ,on or after the date that is #e years after the date of the enactment of this ,act1 the ,trade ,representative and the ,secretary of ,labor may consult with the appropriate congressional committees with respect to the frequency of the reports required under subsection 7a7 and1 with the approval of both such committees1 may submit such report on an annual basis for the following #e years4 7c7 ,five-,year assessment ,not later than the date that is #e years after the date of the establishment of the ,interagency ,labor ,committee pursuant to section #gaa7;a71 the ,committee shall jointly submit to the appropriate congressional committees-- 7#a7 a comprehensive assessment of the implementation of ,mexico's labor reform1 including with respect to-- 7,a7 whether ,mexico has reviewed and legitimized all existing collective bargaining agreements in ,mexico2 7,b7 whether ,mexico has addressed the pre-existing legal or administrative labor disputes2 7,c7 whether ,mexico has established the ,federal ,center for ,conciliation and ,labor ,registration1 and an assessment of that ,center's operation2 7,d7 whether ,mexico has established the federal labor courts1 and an assessment of their operation2 and 7,e7 whether ,mexico has established the state conciliation centers and labor courts in all states and an assessment of their operation2 and 7#b7 a strategic plan and recommendations for actions to address areas of concern relating to the implementation of ,mexico's labor reform1 for purposes of the joint review conducted pursuant to article #cd4g of the ,,usmca on the sixth anniversary of the entry into force of the ,,usmca4 #gai4 ,consultations on appointment and funding of rapid response labor panelists 7a7 ,in general ,the ,interagency ,labor ,committee shall consult with the ,labor ,advisory ,committee established under section #ace7;c77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7;c77#a77 and the ,advisory ,committee for ,trade ,policy and ,negotiations established under section #ace7;b7 of such ,act 7or successor advisory committees7 and the appropriate congressional committees with respect to the selection and appointment of candidates for the rapid response labor panelists described in ,annex #ca-;,a of the ,,usmca4 7b7 ,funding ,the ,united ,states1 in consultation with ,mexico1 shall provide adequate funding for rapid response labor panelists to carry out the responsibilities under the ,,usmca promptly and fully4 ,b ,mexico labor attachs #gba4 ,establishment ,the ,secretary of ,labor shall-- 7#a7 hire and fix the compensation of up to #e additional full-time officers or employees of the ,department of ,labor2 and 7#b7 detail or assign such officers or employees to the ,united ,states ,embassy or a ,united ,states ,consulate in ,mexico to carry out the duties described in section #gbb4 #gbb4 ,duties ,the duties described in this section are the following3 7#a7 ,assisting the ,interagency ,labor ,committee to monitor and enforce the labor obligations of ,mexico4 7#b7 ,submitting to the ,interagency ,labor ,committee on a quarterly basis reports on the efforts undertaken by ,mexico to comply with its labor obligations4 #gbc4 ,status ,any officer or employee1 while detailed or assigned under this subtitle1 shall be considered1 for the purpose of preserving their allowances1 privileges1 rights1 seniority1 and other benefits as such1 an officer or employee of the ,united ,states ,government and of the agency of the ,united ,states ,government from which detailed or assigned1 and shall continue to receive compensation1 allowances1 and benefits from program funds appropriated to that agency or made available to that agency for purposes related to the activities of the detail or assignment1 in accordance with authorities related to their employment status and agency policies4 ,c ,independent ,mexico ,labor ,expert ,board #gca4 ,establishment ,there is hereby established a board1 to be known as the ,independent ,mexico ,labor ,expert ,board1 to be responsible for monitoring and evaluating the implementation of ,mexico's labor reform and compliance with its labor obligations4 ,the ,board shall also advise the ,interagency ,labor ,committee with respect to capacity-building activities needed to support such implementation and compliance4 #gcb4 ,membership2 term 7a7 ,membership ,the ,board shall be composed of #ab members who shall be appointed as follows3 7#a7 ,four members to be appointed by the ,labor ,advisory ,committee established under section #ace7;c77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7;c77#a77 7or successor advisory committee74 7#b7 ,two members appointed by the ,speaker of the ,house of ,representatives1 in consultation with the ,chair of the ,committee on ,ways and ,means of the ,house of ,representatives4 7#c7 ,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 ,senate4 7#d7 ,two members appointed by the minority leader of the ,house of ,representatives1 in consultation with the ,ranking ,member of the ,committee on ,ways and ,means of the ,house of ,representatives4 7#e7 ,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 ,senate4 7b7 ,term ,except as provided in subsection 7c71 members of the ,board shall serve for a term of #f years4 7c7 ,extension of term ,if the ,board determines1 at the end of the #f-year period beginning on the date of the appointment of the last member appointed in accordance with subsection 7a71 that ,mexico is not fully in compliance with its labor obligations1 a majority of the members of the ,board may determine to extend its term for #d additional years4 ,a new ,board shall be appointed in accordance with subsection 7a7 and shall serve for a single term of #d years4 #gcc4 ,funding ,the ,united ,states shall provide necessary funding to support the work of the ,board1 including with respect to translation services and personnel support4 #gcd4 ,reports ,for the #f-year period beginning on the date of the enactment of this ,act1 and for an additional #d years if the term of the ,board is extended in accordance with section #gcb7;c71 the ,board shall submit to appropriate congressional committees and to the ,interagency ,labor ,committee an annual report that-- 7#a7 contains an assessment of-- 7,a7 the efforts of ,mexico to implement ,mexico's labor reform2 and 7,b7 the manner and extent to which labor laws are generally enforced in ,mexico2 and 7#b7 may include a determination that ,mexico is not in compliance with its labor obligations4 ,d ,forced labor #gda4 ,forced labor enforcement task force 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall establish a ,forced ,labor ,enforcement ,task ,force to monitor ,united ,states enforcement of the prohibition under section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 7b7 ,members2 meetings 7#a7 ,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 expertise1 including the ,office of the ,united ,states ,trade ,representative and the ,department of ,labor1 as the ,president determines appropriate4 7#b7 ,meetings ,the ,task ,force shall meet on a quarterly basis regarding active ,withhold and ,release ,orders1 ongoing investigations1 petitions received1 and enforcement priorities1 and other relevant issues with respect to enforcing the prohibition under section #cjg of the ,tariff ,act4 #gdb4 ,timeline required 7a7 ,in general ,not later than #ij days after the establishment of the ,forced ,labor ,enforcement ,task ,force pursuant to section #gda7;a71 the ,task ,force shall establish timelines for responding to petitions submitted to the ,commissioner of ,u4,s4 ,customs and ,border ,protection alleging that goods are being imported by or with child or forced labor4 7b7 ,consultation required ,in establishing the timelines during such #ij-;day period1 the ,task ,force shall consult with the appropriate congressional committees4 7c7 ,report ,the ,task ,force shall timely submit to the appropriate congressional committees a report that contains the timelines established pursuant to subsection 7a7 and shall make such report publicly available4 #gdc4 ,reports required ,the ,forced ,labor ,enforcement ,task ,force shall submit to appropriate congressional committees a biannual report that includes the following3 7#a7 ,the enforcement activities and priorities of the ,department of ,homeland ,security with respect to enforcing the prohibition under section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 7#b7 ,the number of instances in which merchandise was denied entry pursuant to such prohibition during the preceding #ahj-;day period4 7#c7 ,a description of the merchandise so denied entry4 7#d7 ,an enforcement plan regarding goods included in the most recent ,findings on the ,worst ,forms of ,child ,labor report submitted in accordance with section #ejd of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfd7 and ,list of ,goods ,produced by ,child ,labor or ,forced ,labor submitted in accordance with section #aje7;b77#b77;,c7 of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjje 7#bb ,u4,s4,c4 #gaab7;b77#b77;,c774 7#e7 ,such other information as the ,forced ,labor ,enforcement ,task ,force considers appropriate with respect to monitoring and enforcing compliance with section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 #gdd4 ,duties related to ,mexico ,the ,task ,force shall-- 7#a7 develop1 in consultation with the appropriate congressional committees1 an enforcement plan regarding goods produced by or with forced labor in ,mexico2 and 7#b7 report to the ,interagency ,labor ,committee with respect to any concerns relating to the enforcement of the prohibition under section #cjg of the ,tariff ,act with respect to ,mexico1 including any allegations that may be filed with respect to forced labor in ,mexico4 ,e ,enforcement under rapid response labor mechanism #gea4 ,transmission of reports ,each report issued by a rapid response labor panel constituted in accordance with ,annex #ca-;,a of the ,,usmca shall be immediately submitted to the appropriate congressional committees1 the ,labor ,advisory ,committee established under section #ace7;c77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7;c77#a77 7or successor advisory committee71 and1 as appropriate1 the petitioner submitting information pursuant to section #gaf4 ,the ,trade ,representative shall also make each such report publicly available in a timely manner4 #geb4 ,suspension of liquidation 7a7 ,in general ,if the ,united ,states files a request pursuant to article #ca-;,a4#d4b of ,annex #ca-;,a of the ,,usmca1 the ,trade ,representative may direct the ,secretary of the ,treasury to suspend liquidation for unliquidated entries of goods from such covered facility until such time as the ,trade ,representative notifies the ,secretary that a condition described in subsection 7b7 has been met4 7b7 ,resumption of liquidation ,the conditions described in this subsection are the following3 7#a7 ,the rapid response labor panel has determined that there is no denial of rights at the covered facility within the meaning of such terms under ,annex #ca-;,a of the ,,usmca4 7#b7 ,a course of remediation for denial of rights has been agreed to and has been completed in accordance with the agreed-upon time4 7#c7 ,the denial of rights has been otherwise remedied4 #gec4 ,final remedies 7a7 ,in general ,if a rapid response labor panel constituted in accordance with ,annex #ca-;,a of the ,,usmca determines with respect to a case that there has been a denial of rights within the meaning of such ,annex1 the ,trade ,representative may1 in consultation with the appropriate congressional committees-- 7#a7 direct the ,secretary of the ,treasury1 until the date of the notification described in subsection 7b7 and in accordance with ,annex #ca-;,a of the ,,usmca-- 7,a7 to-- 7i7 deny entry to goods1 produced wholly or in part1 from any covered facility involved in such case2 or 7ii7 allow for the release of goods1 produced wholly or in part1 from such covered facilities only upon payment of duties and any penalty2 and 7,b7 to apply any duties or penalties to customs entries for which liquidation was suspended pursuant to section #geb2 and 7#b7 apply other remedies that are appropriate and available under ,annex #ca-;,a of the ,,usmca1 until the denial of rights with respect to the case has been remedied4 7b7 ,remediation notification ,the ,trade ,representative shall promptly notify the ,secretary when the denial of rights with respect to a case described in subsection 7a7 has been remedied4 ,,viii ,environment monitoring and enforcement #hja4 ,definitions ,in this title3 7#a7 ,environmental law ,the term environmental law has the meaning given the term in article #bd4a of the ,,usmca4 7#b7 ,environmental obligations ,the term environmental obligations means obligations relating to the environment under-- 7,a7 chapter #a of the ,,usmca 7relating to initial provisions and general definitions72 and 7,b7 chapter #bd of the ,,usmca 7relating to environment74 ,a ,interagency ,environment ,committee for ,monitoring and ,enforcement #haa4 ,establishment 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,president shall establish an ,interagency ,environment ,committee for ,monitoring and ,enforcement 7in this title referred to as the ,interagency ,environment ,committee7-- 7#a7 to coordinate ,united ,states efforts to monitor and enforce environmental obligations generally2 and 7#b7 with respect to the ,,usmca countries-- 7,a7 to carry out an assessment of their environmental laws and policies2 7,b7 to carry out monitoring actions with respect to the implementation and maintenance of their environmental obligations2 and 7,c7 to request enforcement actions with respect to ,,usmca countries that are not in compliance with their environmental obligations4 7b7 ,membership ,the members of the ,interagency ,environment ,committee shall be the following3 7#a7 ,the ,trade ,representative1 who shall serve as chairperson4 7#b7 ,representatives from each of the following3 7,a7 ,the ,national ,oceanic ,atmospheric ,administration4 7,b7 ,the ,u4,s4 ,fish and ,wildlife ,service4 7,c7 ,the ,u4,s4 ,forest ,service4 7,d7 ,the ,environmental ,protection ,agency4 7,e7 ,the ,animal and ,plant ,health ,inspection ,service4 7,f7 ,u4,s4 ,customs and ,border ,protection4 7,g7 ,the ,department of ,state4 7,h7 ,the ,department of ,justice4 7,i7 ,the ,department of the ,treasury4 7,j7 ,the ,united ,states ,agency for ,international ,development4 7#c7 ,representatives from other ,federal agencies1 as the ,president determines to be appropriate4 7c7 ,information sharing ,notwithstanding any other provision of law1 the members of the ,interagency ,environment ,committee may exchange information for purposes of carrying out this subtitle4 #hab4 ,assessment 7a7 ,in general ,the ,interagency ,environment ,committee shall carry out an assessment of the environmental laws and policies of the ,,usmca countries-- 7#a7 to determine if such laws and policies are sufficient to implement their environmental obligations2 and 7#b7 to identify any gaps between such laws and policies and their environmental obligations4 7b7 ,matters ,to be included ,the assessment required by subsection 7a7 shall identify the environmental laws and policies of the ,,usmca countries with respect to which enhanced cooperation1 including the provision of technical assistance and capacity building assistance1 monitoring actions1 and enforcement actions1 if appropriate1 should be carried out on an enhanced and continuing basis4 7c7 ,report ,not later than #ij days after the date on which the ,interagency ,environment ,committee is established1 or the date on which the ,,usmca enters into force1 whichever occurs earlier1 the ,interagency ,environment ,committee shall submit a report that contains the assessment required by subsection 7a7 to-- 7#a7 the appropriate congressional committees2 and 7#b7 the ,trade and ,environment ,policy ,advisory ,committee 7or successor advisory committee7 established under section #ace7;c77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7;c77#a774 7d7 ,update ,the ,interagency ,environment ,committee shall-- 7#a7 update the assessment required by subsection 7a7 at the appropriate time prior to submission of the report required by section #haf7;a7 that is to be submitted in the fifth year after the ,,usmca enters into force2 and 7#b7 submit the updated assessment to the ,trade ,representative for inclusion in such fifth annual report4 7e7 ,consultation ,the ,interagency ,environment ,committee shall consult on a regular basis with the ,,usmca countries-- 7#a7 in carrying out the assessment required by subsection 7a7 and the update to the assessment required by subsection 7d72 and 7#b7 in preparing the report required by subsection 7c74 #hac4 ,monitoring actions 7a7 ,in general ,the ,interagency ,environment ,committee shall carry out monitoring actions1 which shall include the monitoring actions described in subsections 7b71 7c71 and 7d71 with respect to the implementation and maintenance of the environmental obligations of the ,,usmca countries4 7b7 ,review of ,,cec ,secretariat submissions 7#a7 ,in general ,not later than #cj days after the date on which the ,secretariat of the ,commission for ,environmental ,cooperation prepares a factual record under article #bd4bh of the ,,usmca relating to a submission filed under article #bd4bg of the ,,usmca with respect to a ,,usmca country1 the ,interagency ,environment ,committee-- 7,a7 shall review the factual record2 and 7,b7 may1 based on findings of the review under subparagraph 7,a7 that the ,,usmca country is not in compliance with its environmental obligations1 request enforcement actions under section #had with respect to the ,,usmca country4 7#b7 ,written justification ,if the ,interagency ,environment ,committee finds that a ,,usmca country is not in compliance with its environmental obligations under paragraph 7#a77;,b7 and determines not to request enforcement actions under section #had with respect to the ,,usmca country1 the ,committee shall1 not later than #cj days after the date on which it makes the determination1 provide to the appropriate congressional committees a written explanation and justification of the determination4 7c7 ,review of reports of ,united ,states environment attachs to ,mexico ,the ,interagency ,environment ,committee shall-- 7#a7 review each report submitted to the ,committee under section #hbb7;b77#b72 and 7#b7 based on the findings of each such report1 assess the efforts of ,mexico to comply with its environmental obligations4 7d7 ,united ,states implementation of ,environment ,cooperation and ,customs ,verification ,agreement 7#a7 ,verification of shipments ,the ,interagency ,environment ,committee-- 7,a7 may request verification of particular shipments of ,mexico under the ,environment ,cooperation and ,customs ,verification ,agreement between the ,united ,states and ,mexico1 done at ,mexico ,city on ,december #aj1 #bjai1 in response to-- 7i7 comments submitted by the public to request verification of particular shipments of ,mexico under such ,agreement2 or 7ii7 on its own motion2 and 7,b7 upon receipt of comments described in subparagraph 7,a77i7-- 7i7 shall review the comments not later than #cj days after the date on which the comments are submitted to the ,trade ,representative2 and 7ii7 may request the ,trade ,representative to1 within a reasonable period of time1 request ,mexico to provide relevant information for purposes of verification of particular shipments of ,mexico described in subparagraph 7,a74 7#b7 ,review of relevant information and request for additional steps ,the ,interagency ,environment ,committee-- 7,a7 shall review relevant information provided by ,mexico as described in paragraph 7#a77;,b77ii7 to determine if the ,trade ,representative should request additional steps to verify information provided or related to a particular shipment of ,mexico2 and 7,b7 may request the ,trade ,representative to1 within a reasonable period of time1 request ,mexico to take such additional steps with respect to the particular shipment4 7#c7 ,consultation ,the ,trade ,representative1 on behalf of the ,interagency ,environment ,committee1 shall1 on a quarterly basis1 consult with the appropriate congressional committees and the ,trade and ,environment ,policy ,advisory ,committee 7or successor advisory committee7 established under section #ace7;c77#a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baee7;c77#a77 regarding the public comments and relevant information described in paragraph 7#a7 and the actions taken under paragraph 7#b74 7e7 ,application ,subsections 7c7 and 7d7 shall apply with respect to ,mexico for such time as the ,,usmca is in force with respect to1 and the ,united ,states applies the ,,usmca to1 ,mexico4 #had4 ,enforcement actions ,the ,interagency ,environment ,committee-- 7#a7 may request the ,trade ,representative to1 within a reasonable period of time1 request consultations under-- 7,a7 article #bd4bi of the ,,usmca 7relating to environment consultations7 with respect to the ,,usmca country2 or 7,b7 articles #ca4d and #ca4f of the ,,usmca 7relating to dispute settlement consultations7 with respect to the ,,usmca country2 or 7#b7 may request the heads of other ,federal agencies described in section #hae to initiate monitoring or enforcement actions with respect to the ,,usmca country under the provisions of law described in section #hae4 #hae4 ,other monitoring and enforcement actions 7a7 ,marine ,mammal ,protection ,act ,the ,secretary of ,commerce has authority to take appropriate monitoring or enforcement actions under the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq474 7b7 ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,the ,secretary of ,commerce has authority to take appropriate monitoring or enforcement actions under the following provisions of law3 7#a7 ,the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7#b7 ,the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf 7#af ,u4,s4,c4 #ahia et seq474 7#c7 ,the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;d et seq474 7#d7 ,the ,shark ,conservation ,act of #bjaj 7#af ,u4,s4,c4 #ahbfk note2 #aheg note74 7#e7 ,the ,shark ,finning ,prohibition ,act 7#af ,u4,s4,c4 #ahbb note74 7c7 ,fishermen's ,protective ,act of #aifg ,the ,secretary of ,commerce and ,secretary of the ,interior have authority to take appropriate monitoring or enforcement actions under section #h of the ,fishermen's ,protective ,act of #aifg 7#bb ,u4,s4,c4 #aigh74 7d7 ,agreement on port state measures ,to prevent1 deter and eliminate illegal1 unreported and unregulated fishing ,the ,secretary of ,commerce has authority to take appropriate monitoring or enforcement actions under the ,port ,state ,measures ,agreement ,act of #bjae 7#af ,u4,s4,c4 #gdja et seq474 7e7 ,endangered ,species ,act ,the ,secretary of ,agriculture1 the ,secretary of the ,interior1 the ,secretary of ,homeland ,security1 the ,secretary of ,commerce1 and the ,secretary of the ,treasury have authority to take appropriate monitoring or enforcement actions under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7f7 ,lacey ,act ,the ,secretary of ,agriculture1 the ,secretary of ,commerce1 the ,secretary of the ,interior1 the ,secretary of ,homeland ,security1 and the ,secretary of the ,treasury have authority to take appropriate monitoring or enforcement actions under the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga et seq474 7g7 ,migratory ,bird ,treaty ,act ,the ,secretary of the ,interior has authority to take appropriate monitoring or enforcement actions under the ,migratory ,bird ,treaty ,act of #aiah 7#af ,u4,s4,c4 #gjc et seq474 7h7 ,eliminate1 ,neutralize1 and ,disrupt ,wildlife ,trafficking ,act ,the ,secretary of ,state1 the ,secretary of the ,interior1 the ,attorney ,general1 and ,administrator of the ,united ,states ,agency for ,international ,development have authority to take appropriate monitoring or enforcement actions under the ,eliminate1 ,neutralize1 and ,disrupt ,wildlife ,trafficking ,act of #bjaf 7#af ,u4,s4,c4 #gfja et seq474 7i7 ,wild ,bird ,conservation ,act ,the ,secretary of the ,interior has authority to take appropriate monitoring or enforcement actions under the ,wild ,bird ,conservation ,act of #aiib 7#af ,u4,s4,c4 #dija et seq474 7j7 ,customs seizure and other authorities ,the ,secretary of ,homeland ,security has authority to take appropriate monitoring or enforcement actions under section #dii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adii7 or section #eif of such ,act 7#ai ,u4,s4,c4 #aeie;a74 7k7 ,other relevant provisions of law ,the ,interagency ,environment ,committee may request the heads of other ,federal agencies to take appropriate monitoring or enforcement actions under other relevant provisions of law4 7l7 ,rule of construction ,nothing in this section 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 law4 #haf4 ,report to ,congress 7a7 ,in general ,the ,trade ,representative1 in consultation with the head of any ,federal agency described in this subtitle1 shall submit to the appropriate congressional committees a report on the implementation of this subtitle1 including-- 7#a7 a description of efforts of the ,,usmca countries to implement their environmental obligations2 and 7#b7 a description of additional efforts to be taken with respect to ,,usmca countries that are failing to implement their environmental obligations4 7b7 ,timing of report ,the report required by subsection 7a7 shall be submitted-- 7#a7 not later than #a year after the date on which the ,,usmca enters into force2 7#b7 annually for each of the next #d years2 and 7#c7 biennially thereafter4 7c7 ,additional matters ,to be included in the fifth annual report ,the report required by subsection 7a7 that is submitted in the fifth year after the ,,usmca enters into force shall also include the following3 7#a7 ,the updated assessment required by section #hab7;d74 7#b7 ,a comprehensive determination regarding ,,usmca countries' implementation of their environmental obligations4 7#c7 ,an explanation of how compliance with environmental obligations will be taken into consideration during the joint review conducted pursuant to article #cd4g4b of the ,,usmca on the sixth anniversary of the entry into force of the ,,usmca4 #hag4 ,regulations ,the head of any ,federal agency described in this subtitle1 in consultation with the ,interagency ,environment ,committee1 may prescribe such regulations as are necessary to carry out the authorities of the ,federal agency as provided for under this subtitle4 ,b ,other matters #hba4 ,border water infrastructure improvement authority 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency shall1 in coordination with eligible public entities1 carry out the planning1 design1 construction1 and operation and maintenance of high priority treatment works in the covered area to treat wastewater 7including stormwater71 nonpoint sources of pollution1 and related matters resulting from international transboundary water flows originating in ,mexico4 7b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to ,congress a report on activities carried out pursuant to this section4 7c7 ,definitions ,in this section3 7#a7 ,covered area ,the term covered area means the portion of the ,tijuana ,river watershed that is in the ,united ,states4 7#b7 ,eligible public entities ,the term eligible public entities means-- 7,a7 the ,united ,states ,section of the ,international ,boundary and ,water ,commission2 7,b7 the ,corps of ,engineers2 7,c7 the ,north ,american ,development ,bank2 7,d7 the ,department of ,state2 7,e7 any other appropriate ,federal agency2 7,f7 the ,state of ,california2 and 7,g7 any of the following entities with jurisdiction over any part of the covered area3 7i7 ,a local government4 7ii7 ,an ,indian ,tribe4 7iii7 ,a regional water board4 7iv7 ,a public wastewater utility4 7#c7 ,treatment works ,the term treatment works has the meaning given that term in section #bab of the ,federal ,water ,pollution ,control ,act4 #hbb4 ,detail of personnel to ,office of the ,united ,states ,trade ,representative 7a7 ,in general ,upon the request of the ,trade ,representative1 the ,administrator of the ,environmental ,protection ,agency1 the ,director of the ,u4,s4 ,fish and ,wildlife ,service1 and the ,administrator of the ,national ,oceanic ,atmospheric ,administration may detail1 on a reimbursable basis1 one employee of each such respective agency to the ,office of the ,united ,states ,trade ,representative to be assigned to the ,united ,states ,embassy in ,mexico to carry out the duties described in subsection 7b74 7b7 ,duties ,the duties described in this subsection are the following3 7#a7 ,assist the ,interagency ,environment ,committee to carry out monitoring and enforcement actions with respect to the environmental obligations of ,mexico4 7#b7 ,prepare and submit to the ,interagency ,environment ,committee on a quarterly basis a report on efforts of ,mexico to comply with its environmental obligations4 ,c ,north ,american ,development ,bank #hca4 ,general capital increase ,part #b of subtitle ,d of title ,v of ,public ,law #ajc-ahb 7#bb ,u4,s4,c4 #bijm et seq47 is amended by adding at the end the following3 #edg4 ,first capital increase 7a7 ,subscription authorized 7#a7 ,in general ,the ,secretary of the ,treasury is authorized to subscribe on behalf of the ,united ,states to1 and make payment for1 #aej1jjj additional shares of the capital stock of the ,bank4 7#b7 ,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 ,acts4 7b7 ,limitations on authorization of appropriations 7#a7 ,in general ,in order to pay for the increase in the ,united ,states subscription to the ,bank under subsection 7a71 there are authorized to be appropriated1 without fiscal year limitation1 #a1ejj1jjj1jjj for payment by the ,secretary of the ,treasury4 7#b7 ,allocation of funds ,of the amount authorized to be appropriated under paragraph 7#a7-- 7,a7 #bbe1jjj1jjj shall be for paid in shares of the ,bank2 and 7,b7 #a1bge1jjj1jjj shall be for callable shares of the ,bank4 4 #hcb4 ,policy goals 7a7 ,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 #b of article ,,ii of the ,charter1 the ,secretary of the ,treasury should direct the representatives 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 pollution1 wastewater treatment1 water conservation1 municipal solid waste1 stormwater drainage1 non-point pollution1 and related matters4 7b7 ,charter defined ,in this section1 the term ,charter means the ,agreement ,concerning the ,establishment of a ,border ,environment ,cooperation ,commission and a ,north ,american ,development ,bank1 signed at ,washington and ,mexico ,november #af and #ah1 #aiic1 and entered into force ,january #a1 #aiid 7,,tias #abeaf71 between the ,united ,states and ,mexico4 #hcc4 ,efficiencies and streamlining ,the ,secretary of the ,treasury should direct the representatives 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 streamline and accelerate the project certification and financing process1 including through initiatives such as single certifications for revolving facilities1 programmatic certification of similar groups of small projects1 expansion of internal authority to approve qualified projects below certain monetary thresholds1 and expedited certification for public sector projects subject to lender bidding processes4 #hcd4 ,performance measures 7a7 ,in general ,the ,secretary of the ,treasury should direct the representatives 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 performance measures that-- 7#a7 demonstrate how projects and financing approved 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 ,mexico2 and 7#b7 are reviewed and updated not less frequently than annually4 7b7 ,report to ,congress ,the ,secretary of the ,treasury shall submit to ,congress1 with the submission to ,congress of the budget of the ,president for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 a report on progress in imposing the performance measures described in subsection 7a7 of this section4 ,,ix ,,usmca ,supplemental ,appropriations ,act1 #bjai ,the following sums are hereby appropriated1 out of any money in the ,treasury not otherwise appropriated1 for fiscal year #bjbj and for other purposes1 namely3 ,department of ,agriculture ,agricultural ,programs ,animal and ,plant ,health ,inspection ,service ,salaries and ,expenses ,for an additional amount for ,salaries and ,expenses1 for enforcement of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga et seq47 during fiscal years #bjbj through #bjbc related to trade activities between the ,united ,states and ,mexico1 #d1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,department of ,commerce ,national ,oceanic and ,atmospheric ,administration ,operations1 ,research1 and ,facilities ,for an additional amount for ,operations1 ,research1 and ,facilities1 #af1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that #h1jjj1jjj shall be available to engage in cooperation with the ,government of ,mexico to combat illegal1 unreported1 and unregulated fishing and enhance the implementation of the ,seafood ,import ,monitoring ,program pursuant to #af ,u4,s4,c4 #ahbf and #ahbi1 during fiscal years #bjbj through #bjbc3 ,provided further1 ,that #h1jjj1jjj shall be available to carry out section #c of the ,marine ,debris ,act 7#cc ,u4,s4,c4 #aieb7 during fiscal years #bjbj through #bjbc in the ,north ,american region3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,office of the ,united ,states ,trade ,representative ,salaries and ,expenses ,for an additional amount for 8,salaries and ,expenses01 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that #cj1jjj1jjj shall be available solely to provide for additional capacity of the ,office during fiscal years #bjbj through #bjbc to monitor compliance with labor obligations 7as such term is defined in section #gja of this ,act71 including the necessary expenses of additional full-time employees to participate in the ,interagency ,labor ,committee for ,monitoring and ,enforcement established pursuant to section #gaa of this ,act3 ,provided further1 ,that #bj1jjj1jjj shall be available to reimburse the necessary expenses of personnel participating in the ,interagency ,environment ,committee for ,monitoring and ,enforcement established pursuant to section #haa of this ,act during fiscal years #bjbj through #bjbc to monitor compliance with environmental obligations 7as such term is defined in section #hja of this ,act71 including up to one additional full-time employee detailed to the ,united ,states ,embassy in ,mexico from each of the ,united ,states ,fish and ,wildlife ,service1 the ,environmental ,protection ,agency1 and the ,national ,oceanic and ,atmospheric ,administration3 ,provided further1 ,that1 if the ,united ,states ,trade ,representative determines that the additional amount appropriated under this heading in this ,act exceeds the amount sufficient to provide for the reimbursement of personnel specified in the previous proviso1 such excess amounts may be used to reimburse the necessary expenses of additional personnel participating in the ,interagency ,environment ,committee for ,monitoring and ,enforcement during fiscal years #bjbj through #bjbc to monitor compliance with environmental obligations 7as such term is defined in section #hja of this ,act73 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,trade ,enforcement ,trust ,fund ,for an additional amount for the ,trade ,enforcement ,trust ,fund1 #dj1jjj1jjj1 to remain available until ,september #cj1 #bjbc1 to carry out the enforcement of environmental obligations under the ,,usmca1 including for state-to-state dispute settlement actions1 during fiscal years #bjbj through #bjbc3 ,provided1 ,that1 amounts appropriated in this paragraph shall not count toward the limitation specified in section #faa7;b77#b7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #ddje73 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,department of the ,interior ,united ,states ,fish and ,wildlife ,service ,resource ,management ,for an additional amount for ,resource ,management1 to enforce the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga et seq47 and sections #db and #dc of title #ah1 ,united ,states ,code1 with respect to goods imported or exported between the ,united ,states and ,mexico1 during fiscal years #bjbj through #bjbc1 #d1jjj1jjj1 to remain available until ,september #cj1 #bjbc3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,environmental ,protection ,agency ,environmental ,programs and ,management ,for an additional amount for ,environmental ,programs and ,management for necessary expenses for carrying out the ,environmental ,protection ,agency's efforts through the ,commission for ,environmental ,cooperation during fiscal years #bjbj through #bjbc1 to reduce pollution1 strengthen environmental governance1 conserve biological diversity1 and sustainably manage natural resources1 #d1jjj1jjj1 to remain available until expended3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,state and ,tribal ,assistance ,grants ,for an additional amount for ,state and ,tribal ,assistance ,grants for architectural1 engineering1 planning1 design1 construction and related activities in connection with the construction of high priority wastewater facilities in the area of the ,united ,states-,mexico ,border1 after consultation with the appropriate border commission1 #cjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,department of ,labor ,departmental ,management ,salaries and ,expenses ,for an additional amount for ,salaries and ,expenses1 #baj1jjj1jjj1 for the ,bureau of ,international ,labor ,affairs to administer or operate international labor activities1 bilateral and multilateral technical assistance1 and microfinance programs1 by or through contracts1 grants1 subgrants and other arrangements2 of which #ahj1jjj1jjj1 to remain available until ,december #ca1 #bjbc1 shall be used to support reforms of the labor justice system in ,mexico1 including grants to support worker-focused capacity building1 efforts to reduce workplace discrimination in ,mexico1 efforts to reduce child labor and forced labor in ,mexico1 efforts to reduce human trafficking1 efforts to reduce child exploitation1 and other efforts related to implementation of the ,,usmca2 and of which #cj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be available to provide for additional capacity of the ,bureau of ,international ,labor ,affairs during fiscal years #bjbj through #bjbg to monitor compliance with labor obligations 7as such term is defined in section #gja of this ,act71 including the necessary expenses of additional full-time employees of the ,bureau to participate in the ,interagency ,labor ,committee for ,monitoring and ,enforcement established pursuant to section #gaa of this ,act3 ,provided1 ,that the ,secretary of ,labor may detail or assign up to #e additional full-time employees of the ,bureau to the ,united ,states ,embassy or consulates in ,mexico to 7#a7 assist in monitoring and enforcement actions with respect to the labor obligations of ,mexico1 and 7#b7 prepare a report1 to be submitted on a quarterly basis to the ,interagency ,labor ,committee for ,monitoring and ,enforcement through ,september #cj1 #bjbg1 on the efforts of ,mexico to comply with labor obligations 7as such term is defined in section #gja of this ,act73 ,provided further1 ,that such employees1 while detailed or assigned1 shall continue to receive compensation1 allowances1 and benefits from funds made available to the ,bureau for purposes related to the activities of the detail or assignment1 in accordance with authorities related to their employment status and agency policies3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,multilateral ,assistance ,international ,financial ,institutions ,contribution to the ,north ,american ,development ,bank ,for payment to the ,north ,american ,development ,bank by the ,secretary of the ,treasury for the ,united ,states share of the paid-in portion of the increase in capital stock1 #bae1jjj1jjj1 to remain available until expended3 ,provided1 ,that the authorities and conditions applicable to accounts in title ,v of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjai 7division ,f of ,public ,law #aaf-f7 shall apply to the amounts provided under this heading3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general provisions--,this title #ija4 ,each amount appropriated or made available by this title is in addition to any amounts otherwise appropriated for any of the fiscal years involved4 #ijb4 ,no part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #ijc4 ,unless otherwise provided for by this title1 the additional amounts appropriated by this title to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year #bjbj4 #ijd4 ,each amount designated in this title by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or rescinded or transferred1 if applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 #ije4 ,budgetary ,effects 7a7 ,statutory ,,paygo ,scorecards ,the budgetary effects of this title shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay ,as-,you-,go ,act of #bjaj4 7b7 ,senate ,,paygo ,scorecards ,the budgetary effects of this title shall not be entered on any ,,paygo scorecard maintained for purposes of section #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74 7c7 ,classification of ,budgetary ,effects ,notwithstanding ,rule #c of the ,budget ,scorekeeping ,guidelines set forth in the joint explanatory statement of the committee of conference accompanying ,conference ,report #aje-bag and section #bej7;c77#g7 and 7c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 the budgetary effects of this title shall be estimated for purposes of section #bea of such ,act4 ,this title may be cited as the ,,usmca ,supplemental ,appropriations ,act1 #bjai4 ,passed the ,house of ,representatives ,december #ai1 #bjai4;,clerk4