19 U.S.C. § 4713: Monitoring actions

Summary

The Interagency Environment Committee must watch how USMCA countries follow their environmental duties. It must review any factual records the CEC Secretariat makes under the USMCA within 30 days. If the review shows a country is not following the rules, the Committee may ask for enforcement under section 4714. If the Committee decides not to ask for enforcement after finding noncompliance, it must give the appropriate congressional committees a written explanation within 30 days. The Committee must also review each report sent by U.S. environment attachés about Mexico (per section 4732(b)(2)) and judge Mexico’s efforts to comply. The Committee can seek verification of specific Mexican shipments under the Environment Cooperation and Customs Verification Agreement (done in Mexico City on December 10, 2019). It can act on public comments or on its own. It must review public comments within 30 days of their submission to the Trade Representative, may ask the Trade Representative to request information from Mexico, and must review that information to decide if more steps are needed. The Trade Representative will consult quarterly with Congress and the Trade and Environment Policy Advisory Committee about comments, information, and actions. Subsections about attaché reports and shipment checks apply to Mexico while the USMCA is active and enforced with Mexico.

Title 19, §4713

Customs Duties, Source: USLM XML via OLRC

(a)In general

The Interagency Environment Committee shall carry out monitoring actions, which shall include the monitoring actions described in subsections (b), (c), and (d), with respect to the implementation and maintenance of the environmental obligations of the USMCA countries.

(b)Review of CEC Secretariat submissions

(1)In general

Not later than 30 days after the date on which the Secretariat of the Commission for Environmental Cooperation prepares a factual record under article 24.28 of the USMCA relating to a submission filed under article 24.27 of the USMCA with respect to a USMCA country, the Interagency Environment Committee—

(A)shall review the factual record; and

(B)may, based on findings of the review under subparagraph (A) that the USMCA country is not in compliance with its environmental obligations, request enforcement actions under section 4714 of this title with respect to the USMCA country.

(2)Written justification

If the Interagency Environment Committee finds that a USMCA country is not in compliance with its environmental obligations under paragraph (1)(B) and determines not to request enforcement actions under section 4714 of this title with respect to the USMCA country, the Committee shall, not later than 30 days after the date on which it makes the determination, provide to the appropriate congressional committees a written explanation and justification of the determination.

(c)Review of reports of United States environment attachés to Mexico

The Interagency Environment Committee shall—

(1)review each report submitted to the Committee under section 4732(b)(2) of this title; and

(2)based on the findings of each such report, assess the efforts of Mexico to comply with its environmental obligations.

(d)United States implementation of Environment Cooperation and Customs Verification Agreement

(1)Verification of shipments

The Interagency Environment Committee—

(A)may request verification of particular shipments of Mexico under the Environment Cooperation and Customs Verification Agreement between the United States and Mexico, done at Mexico City on December 10, 2019, in response to—

(i)comments submitted by the public to request verification of particular shipments of Mexico under such Agreement; or

(ii)on its own motion; and

(B)upon receipt of comments described in subparagraph (A)(i)—

(i)shall review the comments not later than 30 days after the date on which the comments are submitted to the Trade Representative; and

(ii)may request the Trade Representative to, within a reasonable period of time, request Mexico to provide relevant information for purposes of verification of particular shipments of Mexico described in subparagraph (A).

(2)Review of relevant information and request for additional steps

The Interagency Environment Committee—

(A)shall review relevant information provided by Mexico as described in paragraph (1)(B)(ii) to determine if the Trade Representative should request additional steps to verify information provided or related to a particular shipment of Mexico; and

(B)may request the Trade Representative to, within a reasonable period of time, request Mexico to take such additional steps with respect to the particular shipment.

(3)Consultation

The Trade Representative, on behalf of the Interagency Environment Committee, shall, on a quarterly basis, consult with the appropriate congressional committees and the Trade and Environment Policy Advisory Committee (or successor advisory committee) established under section 2155(c)(1) of this title regarding the public comments and relevant information described in paragraph (1) and the actions taken under paragraph (2).

(e)Application

Subsections (c) and (d) shall apply with respect to Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.

Notes & Related Subsidiaries

Executive Documents

Withdrawal From Commission for Environmental Cooperation For withdrawal of the United States from the Commission for Environmental Cooperation, see Memorandum of President of the United States, § 2(a)(iii), Jan. 7, 2026, 91 F.R. 2281, set out as a note preceding section 261 of Title 22, Foreign Relations and Intercourse.

§4713 Monitoring Actions

Summary

Title 19, §4713

Notes & Related Subsidiaries

Executive Documents

Citations & Metadata