USC - Organizational and administrative provisions

View all text of Part A [§ 4581 - § 4588]

§ 4582. Organizational and administrative provisions

(a) Criteria for selection of individuals to serve on panels and committees

(1) In generalThe selection of individuals under this section for—

(A) placement on lists prepared by the interagency group under subsection (c)(2)(B)(i) and (ii);

(B) placement on preliminary candidate lists under subsection (c)(3)(A);

(D) placement by the Trade Representative on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; and

(E) appointment by the Trade Representative for service on the panels and committees convened under chapter 10;

shall be made on the basis of the criteria provided in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 and shall be made without regard to political affiliation.

(2) Additional criteria for roster placements and appointments

(b) Selection of certain judges to serve on panels and committees

(1) Applicability

(2) Consultation with chief judges

(3) Submission of lists to Congress

(4) Appointment of judges to panels or committees

(1) Applicability

(2) Interagency group

(A) EstablishmentThere is established within the interagency organization established under section 1872 of this title an interagency group which shall—

(i) be chaired by the Trade Representative; and

(ii) consist of such officers (or the designees thereof) of the United States Government as the Trade Representative considers appropriate.

(B) FunctionsThe interagency group established under subparagraph (A) shall, in a manner consistent with chapter 10—

(i) prepare by January 3 of each calendar year—(I) a list of individuals who are qualified to serve as members of binational panels convened under chapter 10; and(II) a list of individuals who are qualified to serve on extraordinary challenge committees convened under chapter 10 and special committees established under article 10.13;

(ii) if the Trade Representative makes a request under paragraph (4)(C)(i) with respect to a final candidate list during any calendar year, prepare by July 1 of such calendar year a list of those individuals who are qualified to be added to that final candidate list;

(iii) exercise oversight of the administration of the United States Section that is authorized to be established under section 105; 1

1 See References in Text note below.

and

(iv) make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees and special committees under chapter 10.

(3) Preliminary candidate lists

(A) In generalThe Trade Representative shall select individuals from the respective lists prepared by the interagency group under paragraph (2)(B)(i) for placement on—

(i) a preliminary candidate list of individuals eligible to serve as members of binational panels under Annex 10–B.1; and

(ii) a preliminary candidate list of individuals eligible for selection as members of extraordinary challenge committees under Annex 10–B.3 and special committees under article 10.13.

(B) Submission of lists to Congressional Committees

(i) In general

(ii) Additional information

(D) Revision of lists

(4) Final candidate lists

(A) Submission of lists to Congressional Committees

(B) Finality of lists

(i) In generalIf, after the Trade Representative has submitted the final candidate lists to the appropriate Congressional Committees under subparagraph (A) for a calendar year and before July 1 of such calendar year, the Trade Representative determines that additional individuals need to be added to a final candidate list, the Trade Representative shall—(I) request the interagency group established under paragraph (2)(A) to prepare a list of individuals who are qualified to be added to such candidate list;(II) select individuals from the list prepared by the interagency group under paragraph (2)(B)(ii) to be included in a proposed amendment to such final candidate list; and(III) by no later than July 1 of such calendar year, submit to the appropriate Congressional Committees the proposed amendments to such final candidate list developed by the Trade Representative under subclause (II), along with the information described in paragraph (3)(B)(ii).

(ii) Consultation with Congressional Committees

(iii) Adjustment of proposed amendment

(iv) Final amendment(I) In general(II) Inclusion of individuals(III) Eligibility for service(IV) Finality of amendment

(5) Treatment of responses

(d) Selection and appointment

(1) Authority of Trade RepresentativeThe Trade Representative is the only officer of the United States Government authorized to act on behalf of the United States Government in making any selection or appointment of an individual to—

(A) the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or

(B) the panels or committees convened under chapter 10;

that is to be made solely or jointly by the United States Government under the terms of the Agreement.

(2) Restrictions on selection and appointmentExcept as provided in paragraph (3)—

(A) the Trade Representative may—

(i) select an individual for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during the 1-year period beginning on April 1 of any calendar year;

(ii) appoint an individual to serve as one of those members of any panel or committee convened under chapter 10 during such 1-year period who, under the terms of the USMCA, are to be appointed solely by the United States Government; or

(iii) act to make a joint appointment with the Government of a USMCA country, under the terms of the Agreement, of any individual who is a citizen or national of the United States to serve as any other member of such a panel or committee;

only if such individual is on the appropriate final candidate list that was submitted to the appropriate Congressional Committees under subsection (c)(4)(A) during such calendar year or on such list as it may be amended under subsection (c)(4)(C)(iv)(I), or on the list submitted under subsection (b)(3) to the Congressional Committees referred to in such subsection; and

(B) no individual may—

(i) be selected by the United States Government for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or

(ii) be appointed solely or jointly by the United States Government to serve as a member of a panel or committee convened under chapter 10;

during the 1-year period beginning on April 1 of any calendar year for which the Trade Representative has not met the requirements of subsection (a), and of subsection (b) or (c) (as the case may be).

(3) ExceptionsNotwithstanding subsection (c)(3) (other than subparagraph (B)), subsection (c)(4), or paragraph (2)(A) of this subsection, individuals included on the preliminary candidate lists submitted to the appropriate Congressional Committees under subsection (c)(3)(B) may—

(A) be selected by the Trade Representative for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during the 3-month period beginning on the date on which the Agreement enters into force with respect to the United States; and

(B) be appointed solely or jointly by the Trade Representative under the terms of the Agreement to serve as members of panels or committees that are convened under chapter 10 during such 3-month period.

(e) TransitionIf the USMCA enters into force after January 3, 2020, the provisions of subsection (c) shall be applied with respect to the calendar year in which such entering into force occurs—

(1) by substituting “the date that is 30 days after the date on which the Agreement enters into force with respect to the United States” for “January 3 of each calendar year” in subsections (c)(2)(B)(i) and (c)(3)(B)(i); and

(2) by substituting “the date that is 3 months after the date on which the Agreement enters into force with respect to the United States” for “March 31 of each calendar year” in subsection (c)(4)(A).

(f) Immunity

(g) Regulations

(h) Report to Congress

(Pub. L. 116–113, title IV, § 412, formerly Pub. L. 103–182, title IV, § 402, Dec. 8, 1993, 107 Stat. 2129; Pub. L. 104–295, § 21(c)(1), Oct. 11, 1996, 110 Stat. 3530; renumbered § 412 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(c), Jan. 29, 2020, 134 Stat. 73.)