§ 405. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS REGARDING THE IMPLEMENTATION OF CHAPTERS 18 AND 19 OF THE AGREEMENT.
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Appointment of Individuals to Panels and Committees.— There is established within the interagency organization established under section 242 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1872 ) an interagency group which shall— be chaired by the United States Trade Representative (hereafter in this section referred to as the ‘Trade Representative’), and consist of such officers (or the designees thereof) of the Government of the United States as the Trade Representative considers appropriate. The interagency group established under subparagraph
(A)shall, in a manner consistent with chapter 19 of the Agreement— prepare by January 3 of each calendar year— a list of individuals who are qualified to serve as members of binational panels convened under chapter 19 of the Agreement, and a list of individuals who are qualified to serve on extraordinary challenge committees convened under such chapter, if the Trade Representative makes a request under paragraph (5)(A)(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, exercise oversight of the administration of the United States Secretariat that is authorized to be established under subsection (e), and make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement. The Trade Representative shall select individuals from the respective lists prepared by the interagency group under paragraph (1)(B)(i) for placement on a preliminary candidate list of individuals eligible to serve as members of binational panels under Annex 1901.2 of the Agreement and a preliminary candidate list of individuals eligible for selection as members of extraordinary challenge committees under Annex 1904.13 of the Agreement. The selection of individuals for— placement on lists prepared by the interagency group under clause
(i)or
(ii)of paragraph (1)(B), placement on preliminary candidate lists under subparagraph (A), placement on final candidate lists under paragraph (3), placement by the Trade Representative on the rosters described in Annex 1901.2(1) and Annex 1904.13(1) of the Agreement, and appointment by the Trade Representative for service on binational panels and extraordinary challenge committees convened under chapter 19 of the Agreement, shall be made on the basis of the criteria provided in Annex 1901.2(1) and Annex 1904.13(1) of the Agreement and shall be made without regard to political affiliation. For purposes of applying section 1001 of title 18 , United States Code, the written or oral responses of individuals to inquiries of the interagency group established under paragraph
(1)or the Trade Representative regarding their personal and professional qualifications, and financial and other relevant interests, that bear on their suitability for the placements and appointments described in subparagraph (B), shall be treated as matters within the jurisdiction of an agency of the United States. By no later than January 3 of each calendar year, 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 (hereafter in this section referred to as the ‘appropriate Congressional Committees’) the preliminary candidate lists of those individuals selected by the Trade Representative under paragraph (2)(A) to be candidates eligible to serve on binational panels or extraordinary challenge committees convened pursuant to chapter 19 of the Agreement during the 1-year period beginning on April 1 of such calendar year. Upon submission of the preliminary candidate lists under subparagraph
(A)to the appropriate Congressional Committees, the Trade Representative shall consult with the appropriate Congressional Committees with regard to the individuals listed on the preliminary candidate lists. The Trade Representative may add or delete individuals from the preliminary candidate lists submitted under subparagraph
(A)after consulting the appropriate Congressional Committees with regard to such addition or deletion. The Trade Representative shall provide to the appropriate Congressional Committees written notice of any addition or deletion of an individual from the preliminary candidate lists. By no later than March 31 of each calendar year, the Trade Representative shall submit to the appropriate Congressional Committees the final candidate lists of those individuals selected by the Trade Representative to be candidates eligible to serve on binational panels and extraordinary challenge committees convened pursuant to chapter 19 of the Agreement during the 1-year period beginning on April 1 of such calendar year. An individual may be included on a final candidate list only if written notice of the addition of such individual to the preliminary candidate list was submitted to the appropriate Congressional Committees at least 15 days before the date on which that final candidate list is submitted to the appropriate Congressional Committees under this subparagraph. Except as provided in paragraph (5), no additions may be made to the final candidate lists after the final candidate lists are submitted to the appropriate Congressional Committees under subparagraph (A). If, after the Trade Representative has submitted the final candidate lists to the appropriate Congressional Committees under paragraph (4)(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— request the interagency group established under paragraph (1)(A) to prepare a list of individuals who are qualified to be added to such candidate list, select individuals from the list prepared by the interagency group under paragraph (1)(B)(ii) to be included in a proposed amendment to such final candidate list, and 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 clause (ii). Upon submission of a proposed amendment under subparagraph (A)(iii) to the appropriate Congressional Committees, the Trade Representative shall consult with the appropriate Congressional Committees with regard to the individuals included in the proposed amendment. The Trade Representative may add or delete individuals from any proposed amendment submitted under subparagraph (A)(iii) after consulting the appropriate Congressional Committees with regard to such addition or deletion. The Trade Representative shall provide to the appropriate Congressional Committees written notice of any addition or deletion of an individual from the proposed amendment. If the Trade Representative submits under subparagraph (A)(iii) in any calendar year a proposed amendment to a final candidate list, the Trade Representative shall, by no later than September 30 of such calendar year, submit to the appropriate Congressional Committees the final form of such amendment. On October 1 of such calendar year, such amendment shall take effect and the individuals included in the final form of such amendment shall be added to the final candidate list. An individual may be included in the final form of an amendment submitted under clause
(i)only if written notice of the addition of such individual to the proposed form of such amendment was submitted to the appropriate Congressional Committees at least 15 days before the date on which the final form of such amendment is submitted under clause (i). Individuals added to a final candidate list under clause
(i)shall be eligible to serve on binational panels or extraordinary challenge committees convened pursuant to chapter 19 of the Agreement, as the case may be, during the 6-month period beginning on October 1 of the calendar year in which such addition occurs. No additions may be made to the final form of an amendment described in clause
(i)after the final form of such amendment is submitted to the appropriate Congressional Committees under clause (i). The Trade Representative is the only officer of the Government of the United States authorized to act on behalf of the Government of the United States in making any selection or appointment of an individual to— the rosters described in Annex 1901.2(1) and Annex 1904.13(1) of the Agreement, or the binational panels or extraordinary challenge committees convened pursuant to chapter 19 of the Agreement, that is to be made solely or jointly by the Government of the United States under the terms of the Agreement. Except as otherwise provided in paragraph (7)(B), the Trade Representative may— select an individual for placement on the rosters described in Annex 1901.2(1) and Annex 1904.13(1) of the Agreement during the 1-year period beginning on April 1 of any calendar year, appoint an individual to serve as one of those members of any binational panel or extraordinary challenge committee convened pursuant to chapter 19 of the Agreement during such 1-year period who, under the terms of the Agreement, are to be appointed solely by the Government of the United States, or act to make a joint appointment with the Government of Canada, 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 paragraph (4)(A) during such calendar year or on such list as it may be amended under paragraph (5)(D)(i). Except as otherwise provided in this paragraph, no individual may— be selected by the Government of the United States for placement on the rosters described in Annex 1901.2(1) and Annex 1904.13(1) of the Agreement, or be appointed solely or jointly by the Government of the United States to serve as a member of a binational panel or extraordinary challenge committee convened pursuant to chapter 19 of the Agreement, during the 1-year period beginning on April 1 of any calendar year for which the Trade Representative has not met the requirements of this subsection. Notwithstanding paragraphs (3), (4), or (6)(B) (other than paragraph (3)(A)), individuals listed on the preliminary candidate lists submitted to the appropriate Congressional Committees under paragraph (3)(A) may— be selected by the Trade Representative for placement on the rosters described in Annex 1901.2(1) and Annex 1904.13(1) of the Agreement during the 3-month period beginning on the date on which the Agreement enters into force, and be appointed solely or jointly by the Trade Representative under the terms of the Agreement to serve as members of binational panels or extraordinary challenge committees that are convened pursuant to chapter 19 of the Agreement during such 3-month period. If the Agreement enters into force after January 3, 1989 , the provisions of this subsection shall be applied with respect to the calendar year in which the Agreement enters into force— by substituting ‘the date that is 30 days after the date on which the Agreement enters into force’ for ‘January 3 of each calendar year’ in paragraphs (1)(B)(i) and (3)(A), and by substituting ‘the date that is 3 months after the date on which the Agreement enters into force’ for ‘March 31 of each calendar year’ in paragraph (4)(A). Status of Panelists .— Notwithstanding any other provision of law, individuals appointed by the United States to serve on panels or committees convened pursuant to chapter 19 of the Agreement, and individuals designated to assist such appointed individuals, shall not be considered to be employees or special employees of, or to be otherwise affiliated with, the Government of the United States. Immunity of Panelists .— With the exception of acts described in section 777f(d)(3) [777(d)(3)] of the Tariff Act of 1930, as added by this Act [ 19 U.S.C. 1677f(d)(3) ], individuals serving on panels or committees convened pursuant to chapter 19 of the Agreement, and individuals designated to assist the individuals serving on such panels or committees, shall be immune from suit and legal process relating to acts performed by such individuals in their official capacity and within the scope of their functions as such panelists or committee members or assistants to such panelists or committee members. Regulations .— The administering authority under title VII of the Tariff Act of 1930 [ 19 U.S.C. 1671 et seq.], the United States International Trade Commission, and the United States Trade Representative may promulgate such regulations as are necessary or appropriate to carry out actions in order to implement their respective responsibilities under chapters 18 and 19 of the Agreement. Initial regulations to carry out such functions shall be issued prior to the date of entry into force of the Agreement [ Jan. 1, 1989 ]. Establishment of United States Secretariat.— The President is authorized to establish within any department or agency of the Federal Government a United States Secretariat which, subject to the oversight of the interagency group established under subsection (a)(1)(A), shall facilitate— the operation of chapters 18 and 19 of the Agreement, and the work of the binational panels and extraordinary challenge committees convened under chapters 18 and 19 of the Agreement. The United States Secretariat established by the President under paragraph
(1)shall not be considered to be an agency for purposes of section 552 of title 5 , United States Code.
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§ 405
ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS REGARDING THE IMPLEMENTATION OF CHAPTERS 18 AND 19 OF THE AGREEMENT.
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