§4515 — Title 19 Customs Duties | U.S. Code

Summary

The President may set up or name an office inside the Department of Commerce to act as the U.S. Section of the USMCA Secretariat. Under oversight of an interagency group, that office must support the USMCA dispute system, including help for section D of chapter 10 and chapter 31. It must give administrative support to chapter 31 panels (including the facility-specific rapid response labor mechanism), to technical advisers and experts, and to the binational panels and extraordinary challenge committees under chapter 10 and the NAFTA transition rules. The office is not treated as an "agency" for public information law (5 U.S.C. 552). For each fiscal year after fiscal year 2020, up to $2,000,000 may be appropriated to Commerce for the office’s operations and the U.S. share of those panels’ costs. If the Canadian or Mexican Sections reimburse the U.S. Section for dispute expenses, the U.S. Section may keep and use those funds despite 31 U.S.C. 3302.

Title 19, §4515

Customs Duties — Source: USLM XML via OLRC

(a)(1)The President is authorized to establish or designate within the Department of Commerce an office to serve as the United States Section of the Secretariat established under article 30.6 of the USMCA.

(2)The office established or designated under paragraph (1), subject to the oversight of the interagency group established under section 411(c)(2),11 See References in Text note below. shall—

(A)carry out its functions within the Secretariat to facilitate the operation of the USMCA, including the operation of section D of chapter 10 and chapter 31 of the USMCA; and

(B)provide administrative assistance to—

(i)panels established under chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);

(ii)technical advisers and experts provided for under chapter 31 of the USMCA;

(iii)binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and

(iv)binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).

(3)The office established or designated under paragraph (1) shall not be considered an agency for purposes of section 552 of title 5.

(b)There are authorized to be appropriated for each fiscal year after fiscal year 2020 to the Department of Commerce $2,000,000 for—

(1)the operations of the office established or designated under subsection (a)(1); and

(2)the payment of the United States share of the expenses of—

(A)panels established under chapter 31 of the USMCA, including under Annex 31–A (relating to the Facility-Specific Rapid Response Labor Mechanism);

(B)binational panels and extraordinary challenge committees established under section D of chapter 10 of the USMCA; and

(C)binational panels and extraordinary challenge committees established under NAFTA for matters covered by article 34.1 of the USMCA (relating to transition from NAFTA).

(c)If the Canadian Section or the Mexican Section of the Secretariat provides funds to the United States Section during any fiscal year as reimbursement for expenses in connection with dispute settlement proceedings under section D of chapter 10 or chapter 31 of the USMCA, or under chapter 19 of NAFTA, the United States Section may, notwithstanding section 3302 of title 31, retain and use such funds to carry out the functions described in subsection (a)(2).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 411(c)(2), referred to in subsec. (a)(2), means section 411(c)(2) of Pub. L. 116–113, but probably should be a reference to section 412(c)(2) of that Act, which establishes an interagency group and is classified to section 4582(c)(2) of this title. The Freedom of Information Act, referred to in subsec. (a)(3), is section 552 of Title 5, Government Organization and Employees.

Executive Documents

Delegation of Functions Proc. No. 10053, par. (8), June 29, 2020, 85 F.R. 39826, authorized The Secretary of Commerce to exercise the authority of the President under subsec. (a) of this section to establish or designate an office within the Department of Commerce to carry out the functions set forth in that subsection.

§4515 Administration of Dispute Settlement Proceedings