19 USC CHAPTER 29, SUBCHAPTER VII: ENVIRONMENT MONITORING AND ENFORCEMENT

From Title 19—CUSTOMS DUTIESCHAPTER 29—UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION

SUBCHAPTER VII—ENVIRONMENT MONITORING AND ENFORCEMENT

§4701. Definitions

In this subchapter:

(1) Environmental law

The term "environmental law" has the meaning given the term in article 24.1 of the USMCA.

(2) Environmental obligations

The term "environmental obligations" means obligations relating to the environment under—

(A) chapter 1 of the USMCA (relating to initial provisions and general definitions); and

(B) chapter 24 of the USMCA (relating to environment).

(Pub. L. 116–113, title VIII, §801, Jan. 29, 2020, 134 Stat. 90.)

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original "this title", meaning title VIII of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 90, which is classified principally to this subchapter. For complete classification of title VIII to the Code, see Tables.

Part A—Interagency Environment Committee for Monitoring and Enforcement

§4711. Establishment

(a) In general

Not later than 30 days after January 29, 2020, the President shall establish an Interagency Environment Committee for Monitoring and Enforcement (in this subchapter referred to as the "Interagency Environment Committee")—

(1) to coordinate United States efforts to monitor and enforce environmental obligations generally; and

(2) with respect to the USMCA countries—

(A) to carry out an assessment of their environmental laws and policies;

(B) to carry out monitoring actions with respect to the implementation and maintenance of their environmental obligations; and

(C) to request enforcement actions with respect to USMCA countries that are not in compliance with their environmental obligations.

(b) Membership

The members of the Interagency Environment Committee shall be the following:

(1) The Trade Representative, who shall serve as chairperson.

(2) Representatives from each of the following:

(A) The National Oceanic Atmospheric ¹ Administration.

(B) The U.S. Fish and Wildlife Service.

(D) The Environmental Protection Agency.

(E) The Animal and Plant Health Inspection Service.

(F) U.S. Customs and Border Protection.

(G) The Department of State.

(H) The Department of Justice.

(I) The Department of the Treasury.

(J) The United States Agency for International Development.

(3) Representatives from other Federal agencies, as the President determines to be appropriate.

(c) Information sharing

Notwithstanding any other provision of law, the members of the Interagency Environment Committee may exchange information for purposes of carrying out this part.

(Pub. L. 116–113, title VIII, §811, Jan. 29, 2020, 134 Stat. 90.)

Editorial Notes

References in Text

This subchapter, referred to in subsec. (a), was in the original "this title", meaning title VIII of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 90, which is classified principally to this subchapter. For complete classification of title VIII to the Code, see Tables.

Executive Documents

Ex. Ord. No. 13907. Establishment of the Interagency Environment Committee for Monitoring and Enforcement Under Section 811 of the United States-Mexico-Canada Agreement Implementation Act

Ex. Ord. No. 13907, Feb. 28, 2020, 85 F.R. 12977, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and section 811 of the United States-Mexico-Canada Agreement Implementation Act (Act) (Public Law 116–113), it is hereby ordered as follows:

Section 1. Establishment of Interagency Environment Committee. The Interagency Environment Committee for Monitoring and Enforcement (Committee) is hereby established to coordinate United States efforts to monitor and enforce environmental obligations consistent with title VIII of the Act [19 U.S.C. 4701 et seq.] and, with respect to Mexico and Canada, to carry out assessments of their environmental laws and policies, to carry out monitoring actions with respect to the implementation and maintenance of their environmental obligations, and to request enforcement actions as provided for in section 814 of the Act [19 U.S.C. 4714].

Sec. 2. Membership. The Committee shall be composed of the United States Trade Representative (USTR) and representatives of the Department of State, the Department of the Treasury, the Department of Justice, the U.S. Fish and Wildlife Service in the Department of the Interior, the U.S. Forest Service and the Animal and Plant Health Inspection Service in the Department of Agriculture, the National Oceanic Atmospheric Administration in the Department of Commerce, U.S. Customs and Border Protection in the Department of Homeland Security, the Environmental Protection Agency, and the United States Agency for International Development, and representatives from other Federal agencies, as the President determines to be appropriate. The USTR shall serve as Chair. The Chair may invite representatives from other executive departments or agencies, as appropriate, to participate as members or observers. Each executive department, agency, and component represented on the Committee shall ensure that the necessary staff are available to assist their respective representatives in performing the responsibilities of the Committee.

Sec. 3. Committee Decision-making. The Committee shall endeavor to make any decision on an action or determination under sections 812, 813, and 814 of the Act [19 U.S.C. 4712, 4713, and 4714] by consensus, which shall be deemed to exist where no Committee member objects to the proposed action or determination. If the Committee is unable to reach a consensus on a proposed action or determination and the Chair determines that allotting further time will cause a decision to be unduly delayed, the Committee shall decide the matter by majority vote of its members.

Sec. 4. Implementing Measures. The heads of the executive departments and agencies set forth in section 2 of this order, in consultation with the Committee, may prescribe such regulations as are necessary to carry out the authorities of the respective department or agency as provided for under subtitle A of title VIII of the Act [19 U.S.C. 4711 et seq.].

Sec. 5. General Provisions. (a) Each executive department and agency shall bear its own expenses incurred in connection with the Committee's functions described in sections 811, 812, 813, 814, and 816 of the Act [19 U.S.C. 4711, 4712, 4713, 4714, and 4716].

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Donald J. Trump.

¹ So in original. Probably should be preceded by "and".

§4712. Assessment

(a) In general

The Interagency Environment Committee shall carry out an assessment of the environmental laws and policies of the USMCA countries—

(1) to determine if such laws and policies are sufficient to implement their environmental obligations; and

(2) to identify any gaps between such laws and policies and their environmental obligations.

(b) Matters to be included

The assessment required by subsection (a) shall identify the environmental laws and policies of the USMCA countries with respect to which enhanced cooperation, including the provision of technical assistance and capacity building assistance, monitoring actions, and enforcement actions, if appropriate, should be carried out on an enhanced and continuing basis.

(c) Report

Not later than 90 days after the date on which the Interagency Environment Committee is established, or the date on which the USMCA enters into force, whichever occurs earlier, the Interagency Environment Committee shall submit a report that contains the assessment required by subsection (a) to—

(1) the appropriate congressional committees; and

(2) the Trade and Environment Policy Advisory Committee (or successor advisory committee) established under section 2155(c)(1) of this title.

(d) Update

The Interagency Environment Committee shall—

(1) update the assessment required by subsection (a) at the appropriate time prior to submission of the report required by section 4716(a) of this title that is to be submitted in the fifth year after the USMCA enters into force; and

(2) submit the updated assessment to the Trade Representative for inclusion in such fifth annual report.

(e) Consultation

The Interagency Environment Committee shall consult on a regular basis with the USMCA countries—

(1) in carrying out the assessment required by subsection (a) and the update to the assessment required by subsection (d); and

(2) in preparing the report required by subsection (c).

(Pub. L. 116–113, title VIII, §812, Jan. 29, 2020, 134 Stat. 91.)

§4713. Monitoring actions

(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.

(Pub. L. 116–113, title VIII, §813, Jan. 29, 2020, 134 Stat. 92.)

§4714. Enforcement actions

The Interagency Environment Committee—

(1) may request the Trade Representative to, within a reasonable period of time, request consultations under—

(A) article 24.29 of the USMCA (relating to environment consultations) with respect to the USMCA country; or

(B) articles 31.4 and 31.6 of the USMCA (relating to dispute settlement consultations) with respect to the USMCA country; or

(2) may request the heads of other Federal agencies described in section 4715 of this title to initiate monitoring or enforcement actions with respect to the USMCA country under the provisions of law described in section 4715 of this title.

(Pub. L. 116–113, title VIII, §814, Jan. 29, 2020, 134 Stat. 93.)

§4715. Other monitoring and enforcement actions

(a) Marine Mammal Protection Act

The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

(b) 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 law:

(1) The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(2) The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 1891 et seq.).

(3) The High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.).

(4) The Shark Conservation Act of 2010 (16 U.S.C. 1826k note; 1857 note).

(5) The Shark Finning Prohibition Act (16 U.S.C. 1822 note).

(c) Fishermen's Protective Act of 1967

The Secretary of Commerce and Secretary of the Interior have authority to take appropriate monitoring or enforcement actions under section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978).

(d) Agreement on Port State Measures To Prevent, Deter and Eliminate Illegal, 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 2015 (16 U.S.C. 7401 et seq.).

(e) Endangered Species Act

The Secretary of Agriculture, the Secretary of the Interior, the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of the Treasury have authority to take appropriate monitoring or enforcement actions under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(f) Lacey Act

The Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, the Secretary of Homeland Security, and the Secretary of the Treasury have authority to take appropriate monitoring or enforcement actions under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).

(g) 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 1918 ¹ (16 U.S.C. 703 et seq.).

(h) Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act

The Secretary of State, the Secretary of the Interior, the Attorney General, and Administrator of the United States Agency for International Development have authority to take appropriate monitoring or enforcement actions under the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601 et seq.).

(i) 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 1992 (16 U.S.C. 4901 et seq.).

(j) Customs seizure and other authorities

The Secretary of Homeland Security has authority to take appropriate monitoring or enforcement actions under section 1499 of this title or section 1595a of this title.

(k) 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 law.

(l) 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 law.

(Pub. L. 116–113, title VIII, §815, Jan. 29, 2020, 134 Stat. 93.)

Editorial Notes

References in Text

The Marine Mammal Protection Act of 1972, referred to in subsec. (a), is Pub. L. 92–522, Oct. 21, 1972, 86 Stat. 1027, which is classified generally to chapter 31 (§1361 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1361 of Title 16 and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables.

The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, referred to in subsec. (b)(2), is Pub. L. 109–479, Jan. 12, 2007, 120 Stat. 3575. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 1801 of Title 16, Conservation, and Tables.

The High Seas Driftnet Fishing Moratorium Protection Act, referred to in subsec. (b)(3), is Pub. L. 104–43, title VI, Nov. 3, 1995, 109 Stat. 391, which enacted sections 1826d to 1826g of Title 16, Conservation, and provisions set out as a note under section 1826d of Title 16. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 1801 of Title 16 and Tables.

The Shark Conservation Act of 2010, referred to in subsec. (b)(4), is Pub. L. 111–348, title I, Jan. 4, 2011, 124 Stat. 3668, which amended sections 1826i to 1826k, 1857, and 4107 of Title 16, Conservation, and enacted provisions set out as notes under sections 1826k and 1857 of Title 16. For complete classification of this Act to the Code, see Short Title of 2011 Amendment note set out under section 1801 of Title 16 and Tables.

The Shark Finning Prohibition Act, referred to in subsec. (b)(5), is Pub. L. 106–557, Dec. 21, 2000, 114 Stat. 2772, which is set out as a note under section 1822 of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.

The Port State Measures Agreement Act of 2015, referred to in subsec. (d), is Pub. L. 114–81, title III, Nov. 5, 2015, 129 Stat. 664, which is classified generally to chapter 93 (§7401 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 16 and Tables.

The Endangered Species Act of 1973, referred to in subsec. (e), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

The Lacey Act Amendments of 1981, referred to in subsec. (f), is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to chapter 53 (§3371 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of Title 16 and Tables.

The Migratory Bird Treaty Act of 1918, referred to in subsec. (g), probably should be the Migratory Bird Treaty Act, which is act July 3, 1918, ch. 128, 40 Stat. 755, and is classified generally to subchapter II (§703 et seq.) of chapter 7 of Title 16, Conservation. For complete classification of this Act to the Code, see section 710 of Title 16 and Tables.

The Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016, referred to in subsec. (h), is Pub. L. 114–231, Oct. 7, 2016, 130 Stat. 949, which is classified principally to chapter 95 (§7601 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 7601 of Title 16 and Tables.

The Wild Bird Conservation Act of 1992, referred to in subsec. (i), is Pub. L. 102–440, title I, Oct. 23, 1992, 106 Stat. 2224, which is classified generally to chapter 69 (§4901 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 4901 of Title 16 and Tables.

¹ See References in Text note below.

§4716. Report to Congress

(a) In general

The Trade Representative, in consultation with the head of any Federal agency described in this part, shall submit to the appropriate congressional committees a report on the implementation of this part, including—

(1) a description of efforts of the USMCA countries to implement their environmental obligations; and

(2) a description of additional efforts to be taken with respect to USMCA countries that are failing to implement their environmental obligations.

(b) Timing of report

The report required by subsection (a) shall be submitted—

(1) not later than 1 year after the date on which the USMCA enters into force;

(2) annually for each of the next 4 years; and

(3) biennially thereafter.

(c) Additional matters to be included in the fifth annual report

The report required by subsection (a) that is submitted in the fifth year after the USMCA enters into force shall also include the following:

(1) The updated assessment required by section 4712(d) of this title.

(2) A comprehensive determination regarding USMCA countries' implementation of their environmental obligations.

(3) An explanation of how compliance with environmental obligations will be taken into consideration during the "joint review" conducted pursuant to article 34.7.2 of the USMCA on the sixth anniversary of the entry into force of the USMCA.

(Pub. L. 116–113, title VIII, §816, Jan. 29, 2020, 134 Stat. 95.)

§4717. Regulations

The head of any Federal agency described in this part, 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 part.

(Pub. L. 116–113, title VIII, §817, Jan. 29, 2020, 134 Stat. 95.)

Part B—Other Matters

§4731. Border water infrastructure improvement authority

(a) In general

The Administrator of the Environmental Protection Agency shall, in coordination with eligible public entities, carry out the planning, design, construction, and operation and maintenance of high priority treatment works in the covered area to treat wastewater (including stormwater), nonpoint sources of pollution, and related matters resulting from international transboundary water flows originating in Mexico.

(b) Report to Congress

Not later than 1 year after January 29, 2020, and annually thereafter, the Administrator shall submit to Congress a report on activities carried out pursuant to this section.

(c) Definitions

In this section:

(1) Covered area

The term "covered area" means the portion of the Tijuana River watershed that is in the United States.

(2) Eligible public entities

The term "eligible public entities" means—

(A) the United States Section of the International Boundary and Water Commission;

(B) the Corps of Engineers;

(D) the Department of State;

(E) any other appropriate Federal agency;

(F) the State of California; and

(G) any of the following entities with jurisdiction over any part of the covered area:

(i) A local government.

(ii) An Indian Tribe.

(iii) A regional water board.

(iv) A public wastewater utility.

(3) Treatment works

The term "treatment works" has the meaning given that term in section 1292 of title 33.

(Pub. L. 116–113, title VIII, §821, Jan. 29, 2020, 134 Stat. 95.)

§4732. Detail of personnel to Office of the United States Trade Representative

(a) In general

Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric ¹ Administration may detail, on a reimbursable basis, 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 (b).

(b) Duties

The duties described in this subsection are the following:

(1) Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico.

(2) Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.

(Pub. L. 116–113, title VIII, §822, Jan. 29, 2020, 134 Stat. 96.)

¹ So in original. Probably should be preceded by "and".