19 USC 4713 - Monitoring actions

Collapse to view only § 4713. Monitoring actions

§ 4711. Establishment
§ 4712. Assessment
§ 4713. Monitoring actions
§ 4714. Enforcement actions
§ 4715. Other monitoring and enforcement actions
§ 4716. Report to Congress
§ 4717. Regulations

§ 4711. Establishment

(a) In generalNot 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) MembershipThe 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

1 So in original. Probably should be preceded by “and”.

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.

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

§ 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

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

(b) Review of CEC Secretariat submissions

(1) In generalNot 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

(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 shipmentsThe 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 stepsThe 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

(e) Application

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

§ 4714. Enforcement actionsThe 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

(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).

(d) Agreement on Port State Measures To Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

(e) Endangered Species Act

(f) Lacey Act

(g) Migratory Bird Treaty Act

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

(i) Wild Bird Conservation Act

(j) Customs seizure and other authorities

(k) Other relevant provisions of law

(l) Rule of construction

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

§ 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.

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.)