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Lord, I thought I knew you,

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Loree Brownfield

Main
Wednesday
Jan292020

USMCA- Research for Yourself

 

 
 
 
 

Text: H.R.5430 — 116th Congress (2019-2020)All Information (Except Text)

Text available as:

Shown Here:
Enrolled Bill


H. R. 5430





 

AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty

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

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

SECTION 1. Short title; table of contents.

Sec. 1. Short title; table of contents.

Sec. 2. Purpose.

Sec. 3. Definitions.

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

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

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

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

Sec. 105. Administration of dispute settlement proceedings.

Sec. 106. Trade Representative authority.

Sec. 107. Effective date.

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

Sec. 202. Rules of origin.

Sec. 202A. Special rules for automotive goods.

Sec. 203. Merchandise processing fee.

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

Sec. 205. Reliquidation of entries.

Sec. 206. Recordkeeping requirements.

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

Sec. 208. Drawback [reserved].

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

Sec. 210. Regulations.

Sec. 321. Definitions.

Sec. 322. Investigations and determinations by Commission.

Sec. 323. Commission recommendations and report.

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

Sec. 325. Confidential business information.

Sec. 326. Conforming amendments.

Sec. 327. Survey of operating authorities.

Sec. 401. Cooperation on duty evasion.

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

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

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

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

Sec. 432. Effective date.

Sec. 501. Drawback.

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

Sec. 503. Temporary entry.

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

Sec. 505. Government procurement.

Sec. 506. Actions affecting United States cultural industries.

Sec. 507. Regulatory treatment of uranium purchases.

Sec. 508. Report on amendments to existing law.

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

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

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

Sec. 621. Termination of USMCA.

Sec. 701. Definitions.

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

Sec. 712. Duties.

Sec. 713. Enforcement priorities.

Sec. 714. Assessments.

Sec. 715. Recommendation for enforcement action.

Sec. 716. Petition process.

Sec. 717. Hotline.

Sec. 718. Reports.

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

Sec. 721. Establishment.

Sec. 722. Duties.

Sec. 723. Status.

Sec. 731. Establishment.

Sec. 732. Membership; term.

Sec. 733. Funding.

Sec. 734. Reports.

Sec. 741. Forced labor enforcement task force.

Sec. 742. Timeline required.

Sec. 743. Reports required.

Sec. 744. Duties related to Mexico.

Sec. 751. Transmission of reports.

Sec. 752. Suspension of liquidation.

Sec. 753. Final remedies.

Sec. 801. Definitions.

Sec. 811. Establishment.

Sec. 812. Assessment.

Sec. 813. Monitoring actions.

Sec. 814. Enforcement actions.

Sec. 815. Other monitoring and enforcement actions.

Sec. 816. Report to Congress.

Sec. 817. Regulations.

Sec. 821. Border water infrastructure improvement authority.

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

Sec. 831. General capital increase.

Sec. 832. Policy goals.

Sec. 833. Efficiencies and streamlining.

Sec. 834. Performance measures.
SEC. 2. Purpose.

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

SEC. 3. Definitions.

In this Act:

SEC. 101. Approval and entry into force of the USMCA.
SEC. 102. Relationship of the USMCA to United States and State law.
SEC. 103. Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority.
SEC. 104. Consultation and layover provisions for, and effective date of, proclaimed actions.

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 section, that action may be proclaimed only if—

SEC. 105. Administration of dispute settlement proceedings.
SEC. 106. Trade Representative authority.

If a country (other than the United States) that has signed the USMCA does not enact implementing legislation, 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 possible.

SEC. 107. Effective date.
SEC. 201. Exclusion of originating goods of USMCA countries from special agriculture safeguard authority.
SEC. 202. Rules of origin.
 
TV−VNM  
RVC = ————— × 100
 
TV  
 
NC−VNM  
RVC = ————— × 100
 
NC  
SEC. 202A. Special rules for automotive goods.
SEC. 203. Merchandise processing fee.
SEC. 204. Disclosure of incorrect information; false certifications of origin; denial of preferential tariff treatment.
SEC. 205. Reliquidation of entries.
SEC. 206. Recordkeeping requirements.
SEC. 207. Actions regarding verification of claims under the USMCA.
SEC. 208. Drawback [reserved].
SEC. 209. Other amendments to the Tariff Act of 1930.
SEC. 210. Regulations.
SEC. 321. Definitions.

In this subtitle:

SEC. 322. Investigations and determinations by Commission.
SEC. 323. Commission recommendations and report.
SEC. 324. Action by President with respect to affirmative determination.
SEC. 325. Confidential business information.

Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is amended in the first sentence by striking “and title III of the United States-Panama Trade Promotion Agreement Implementation Act” and inserting “, title III of the United States-Panama Trade Promotion Agreement Implementation Act, and subtitle C of title III of the United States-Mexico-Canada Agreement Implementation Act”.

SEC. 326. Conforming amendments.
SEC. 327. Survey of operating authorities.

The Department of Transportation shall undertake a survey of all existing grants of operating authority to, and pending applications for operating authority from, all Mexico-domiciled motor property carriers for operating beyond the Border Commercial Zones, including OP–1 (MX) operating authority (Mexico-domiciled Carriers for Motor Carrier Authority to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border) and OP–1 operating authority (United States-based Enterprise Carrier of International Cargo Application for Motor Property Carrier and Broker Authority). The Department of Transportation shall prepare a report summarizing the results of such survey not less than 180 days after the date on which the USMCA enters into force, which it shall deliver to the Office of the United States Trade Representative, the Commission, and the Chairs and Ranking Members of the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate.

SEC. 401. Cooperation on duty evasion.

Section 414(b) of the Enforce and Protect Act of 2015 (19 U.S.C. 4374(b)) is amended—

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

Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended—

SEC. 422. Conforming amendments to other provisions of the Tariff Act of 1930.
SEC. 423. Conforming amendments to title 28, United States Code.
§ 1584. Civil actions under the United States-Canada Free-Trade Agreement or the USMCA”;

and


“1584. Civil actions under the United States-Canada Free-Trade Agreement or the USMCA.”.
SEC. 431. Effect of termination of USMCA country status.
SEC. 432. 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 force, but shall not apply—

SEC. 501. Drawback.

“Sec. 208. Drawback.”.
SEC. 502. Relief from injury caused by import competition.
“Subtitle A—Relief From Injury Caused by Import Competition

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

“Sec. 302. Presidential action regarding USMCA imports.”.
SEC. 503. Temporary entry.
“Subtitle B—Temporary Entry of Business Persons

“Sec. 311. Temporary entry.”.
SEC. 504. Dispute settlement in antidumping and countervailing duty cases.
“Subtitle B—Dispute Settlement

“Sec. 411. References in subtitle.

“Sec. 412. Organizational and administrative provisions.

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

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

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

“Sec. 416. Subsidy negotiations.

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

“Sec. 418. Treatment of amendments to antidumping and countervailing duty law.”.
SEC. 505. Government procurement.
SEC. 506. Actions affecting United States cultural industries.
SEC. 507. Regulatory treatment of uranium purchases.
SEC. 508. Report on amendments to existing law.

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

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

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

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

Section 501(c)(3) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (Public Law 100–449; 19 U.S.C. 2112 note) is amended—

SEC. 611. Participation in joint reviews with Canada and Mexico regarding extension of the term of the USMCA and other action regarding the USMCA.
SEC. 621. Termination of USMCA.
SEC. 701. Definitions.

In this title:

SEC. 711. Interagency labor committee for monitoring and enforcement.
SEC. 712. Duties.

The duties of the Interagency Labor Committee shall include the following:

SEC. 713. Enforcement priorities.

The Interagency Labor Committee shall—

SEC. 714. Assessments.
SEC. 715. Recommendation for enforcement action.
SEC. 716. Petition process.
SEC. 717. Hotline.

The Interagency Labor Committee shall establish a web-based hotline, monitored by the Department of Labor, to receive confidential information regarding labor issues among USMCA countries directly from interested parties, including Mexican workers.

SEC. 718. Reports.
SEC. 719. Consultations on appointment and funding of rapid response labor panelists.
SEC. 721. Establishment.

The Secretary of Labor shall—

SEC. 722. Duties.

The duties described in this section are the following:

SEC. 723. Status.

Any officer or employee, while detailed or assigned under this subtitle, shall be considered, for the purpose of preserving their allowances, privileges, rights, seniority, and other benefits as such, an officer or employee of the United States Government and of the agency of the United States Government from which detailed or assigned, and shall continue to receive compensation, allowances, 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 assignment, in accordance with authorities related to their employment status and agency policies.

SEC. 731. Establishment.

There is hereby established a board, to be known as the “Independent Mexico Labor Expert Board”, to be responsible for monitoring and evaluating the implementation of Mexico’s labor reform and compliance with its labor obligations. The Board shall also advise the Interagency Labor Committee with respect to capacity-building activities needed to support such implementation and compliance.

SEC. 732. Membership; term.
SEC. 733. Funding.

The United States shall provide necessary funding to support the work of the Board, including with respect to translation services and personnel support.

SEC. 734. Reports.

For the 6-year period beginning on the date of the enactment of this Act, and for an additional 4 years if the term of the Board is extended in accordance with section 732(c), the Board shall submit to appropriate congressional committees and to the Interagency Labor Committee an annual report that—

SEC. 741. Forced labor enforcement task force.
SEC. 742. Timeline required.
SEC. 743. Reports required.

The Forced Labor Enforcement Task Force shall submit to appropriate congressional committees a biannual report that includes the following:

SEC. 744. Duties related to Mexico.

The Task Force shall—

SEC. 751. Transmission of reports.

Each report issued by a rapid response labor panel constituted in accordance with Annex 31–A of the USMCA shall be immediately submitted to the appropriate congressional committees, the Labor Advisory Committee established under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) (or successor advisory committee), and, as appropriate, the petitioner submitting information pursuant to section 716. The Trade Representative shall also make each such report publicly available in a timely manner.

SEC. 752. Suspension of liquidation.
SEC. 753. Final remedies.
SEC. 801. Definitions.

In this title:

SEC. 811. Establishment.
SEC. 812. Assessment.
SEC. 813. Monitoring actions.
SEC. 814. Enforcement actions.

The Interagency Environment Committee—

SEC. 815. Other monitoring and enforcement actions.
SEC. 816. Report to Congress.
SEC. 817. Regulations.

The head of any Federal agency described in this subtitle, in consultation with the Interagency Environment Committee, may prescribe such regulations as are necessary to carry out the authorities of the Federal agency as provided for under this subtitle.

SEC. 821. Border water infrastructure improvement authority.
SEC. 822. Detail of personnel to Office of the United States Trade Representative.
SEC. 831. General capital increase.

Part 2 of subtitle D of title V of Public Law 103–182 (22 U.S.C. 290m et seq.) is amended by adding at the end the following:

“SEC. 547. First capital increase.

SEC. 832. Policy goals.
SEC. 833. 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 process, including through initiatives such as single certifications for revolving facilities, programmatic certification of similar groups of small projects, expansion of internal authority to approve qualified projects below certain monetary thresholds, and expedited certification for public sector projects subject to lender bidding processes.

SEC. 834. Performance measures.

DEPARTMENT OF AGRICULTURE

Agricultural Programs

Animal And Plant Health Inspection Service

salaries and expenses

For an additional amount for “Salaries and Expenses”, for enforcement of the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) during fiscal years 2020 through 2023 related to trade activities between the United States and Mexico, $4,000,000, to remain available until September 30, 2023: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF COMMERCE

National Oceanic And Atmospheric Administration

operations, research, and facilities

For an additional amount for “Operations, Research, and Facilities”, $16,000,000, to remain available until September 30, 2023: Provided, That $8,000,000 shall be available to engage in cooperation with the Government of Mexico to combat illegal, unreported, and unregulated fishing and enhance the implementation of the Seafood Import Monitoring Program pursuant to 16 U.S.C. 1826 and 1829, during fiscal years 2020 through 2023: Provided further, That $8,000,000 shall be available to carry out section 3 of the Marine Debris Act (33 U.S.C. 1952) during fiscal years 2020 through 2023 in the North American region: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Office Of The United States Trade Representative

salaries and expenses

For an additional amount for “Salaries and Expenses”, $50,000,000, to remain available until September 30, 2023: Provided, That $30,000,000 shall be available solely to provide for additional capacity of the Office during fiscal years 2020 through 2023 to monitor compliance with labor obligations (as such term is defined in section 701 of this Act), including the necessary expenses of additional full-time employees to participate in the Interagency Labor Committee for Monitoring and Enforcement established pursuant to section 711 of this Act: Provided further, That $20,000,000 shall be available to reimburse the necessary expenses of personnel participating in the Interagency Environment Committee for Monitoring and Enforcement established pursuant to section 811 of this Act during fiscal years 2020 through 2023 to monitor compliance with environmental obligations (as such term is defined in section 801 of this Act), 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 Service, the Environmental Protection Agency, and the National Oceanic and Atmospheric Administration: Provided further, That, 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 proviso, 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 2020 through 2023 to monitor compliance with environmental obligations (as such term is defined in section 801 of this Act): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

trade enforcement trust fund

For an additional amount for the “Trade Enforcement Trust Fund”, $40,000,000, to remain available until September 30, 2023, to carry out the enforcement of environmental obligations under the USMCA, including for state-to-state dispute settlement actions, during fiscal years 2020 through 2023: Provided, That, amounts appropriated in this paragraph shall not count toward the limitation specified in section 611(b)(2) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4405): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF THE INTERIOR

United States Fish And Wildlife Service

resource management

For an additional amount for “Resource Management”, to enforce the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) and sections 42 and 43 of title 18, United States Code, with respect to goods imported or exported between the United States and Mexico, during fiscal years 2020 through 2023, $4,000,000, to remain available until September 30, 2023: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

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 2020 through 2023, to reduce pollution, strengthen environmental governance, conserve biological diversity, and sustainably manage natural resources, $4,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

State And Tribal Assistance Grants

For an additional amount for “State and Tribal Assistance Grants” for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission, $300,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

DEPARTMENT OF LABOR

Departmental Management

salaries and expenses

For an additional amount for “Salaries and Expenses”, $210,000,000, for the Bureau of International Labor Affairs to administer or operate international labor activities, bilateral and multilateral technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements; of which $180,000,000, to remain available until December 31, 2023, shall be used to support reforms of the labor justice system in Mexico, including grants to support worker-focused capacity building, efforts to reduce workplace discrimination in Mexico, efforts to reduce child labor and forced labor in Mexico, efforts to reduce human trafficking, efforts to reduce child exploitation, and other efforts related to implementation of the USMCA; and of which $30,000,000, to remain available until September 30, 2027, shall be available to provide for additional capacity of the Bureau of International Labor Affairs during fiscal years 2020 through 2027 to monitor compliance with labor obligations (as such term is defined in section 701 of this Act), 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 711 of this Act: Provided, That the Secretary of Labor may detail or assign up to 5 additional full-time employees of the Bureau to the United States Embassy or consulates in Mexico to (1) assist in monitoring and enforcement actions with respect to the labor obligations of Mexico, and (2) prepare a report, to be submitted on a quarterly basis to the Interagency Labor Committee for Monitoring and Enforcement through September 30, 2027, on the efforts of Mexico to comply with labor obligations (as such term is defined in section 701 of this Act): Provided further, That such employees, while detailed or assigned, shall continue to receive compensation, allowances, and benefits from funds made available to the Bureau for purposes related to the activities of the detail or assignment, in accordance with authorities related to their employment status and agency policies: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

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 stock, $215,000,000, to remain available until expended: Provided, That the authorities and conditions applicable to accounts in title V of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6) shall apply to the amounts provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS—THIS TITLE

Sec. 901. Each amount appropriated or made available by this title is in addition to any amounts otherwise appropriated for any of the fiscal years involved.

Sec. 902. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 903. Unless otherwise provided for by this title, 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 2020.

Sec. 904. Each amount designated in this title by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

    BUDGETARY EFFECTS

Sec. 905. (a) Statutory PAYGO Scorecards.—The budgetary effects of this title shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.

(b) Senate PAYGO Scorecards.—The budgetary effects of this title shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).

This title may be cited as the “USMCA Supplemental Appropriations Act, 2019”.

Attest:





Speaker of the House of Representatives.  

Attest:





Vice President of the United States and   
President of the Senate.

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