19 USC Ch. 21: NORTH AMERICAN FREE TRADE
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19 USC Ch. 21: NORTH AMERICAN FREE TRADE
From Title 19—CUSTOMS DUTIES

CHAPTER 21—NORTH AMERICAN FREE TRADE

Sec.
3301.
Repealed.

        

SUBCHAPTER I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, NORTH AMERICAN FREE TRADE AGREEMENT

3311 to 3317. Repealed.

        

SUBCHAPTER II—CUSTOMS PROVISIONS

3331, 3332.
Repealed.
3333.
Repealed or Transferred.
3334, 3335.
Repealed.

        

SUBCHAPTER III—APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A—Safeguards

subpart 1—relief from imports benefiting from agreement

3351 to 3358. Repealed.

        

subpart 2—relief from imports from all countries

3371, 3372.
Transferred.

        

subpart 3—general provisions

3381, 3382.
Repealed.

        

Part B—Agriculture

3391.
Repealed.

        

Part C—Temporary Entry of Business Persons

3401.
Transferred.

        

Part D—Standards

subpart 1—standards and measures

3411.
Repealed.

        

subpart 2—agricultural standards

3421.
Repealed.

        

SUBCHAPTER IV—DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY CASES

Part A—Organizational, Administrative, and Procedural Provisions Regarding Implementation of Chapter 19 of Agreement

3431 to 3438. Transferred.

        

Part B—General Provisions

3451.
Repealed.

        

SUBCHAPTER V—MISCELLANEOUS PROVISIONS

Part A—Provisions Relating to Performance Under Agreement

3461 to 3463. Repealed.

        

Part B—Implementation of NAFTA Supplemental Agreements

3471.
Repealed.
3472.
Agreement on Environmental Cooperation.
3473.
Agreement on Border Environment Cooperation Commission.

        

§3301. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section, Pub. L. 103–182, §2, Dec. 8, 1993, 107 Stat. 2060, defined terms for the North American Free Trade Agreement Implementation Act.

Effective Date of Repeal of North American Free Trade Agreement Implementation Act

Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, provided that: "The North American Free Trade Agreement Implementation Act (Public Law 103–182; 19 U.S.C. 3301 et seq.) is repealed, effective on the date on which the USMCA enters into force [July 1, 2020]."

[For definition of "USMCA" as used in section 601 of Pub. L. 116–113, set out above, see section 4502 of this title.]


Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 103–182, §1(a), Dec. 8, 1993, 107 Stat. 2057, which provided that Pub. L. 103–182 could be cited as the "North American Free Trade Agreement Implementation Act", was repealed by Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

SUBCHAPTER I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, NORTH AMERICAN FREE TRADE AGREEMENT

§§3311 to 3317. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section 3311, Pub. L. 103–182, title I, §101, Dec. 8, 1993, 107 Stat. 2061, related to approval and entry into force of the North American Free Trade Agreement.

Section 3312, Pub. L. 103–182, title I, §102, Dec. 8, 1993, 107 Stat. 2062; Pub. L. 117–286, §4(a)(141), Dec. 27, 2022, 136 Stat. 4321, described the relationship of the Agreement to United States and State law.

Section 3313, Pub. L. 103–182, title I, §103, Dec. 8, 1993, 107 Stat. 2063, related to consultation and layover requirements for, and effective date of, proclaimed actions.

Section 3314, Pub. L. 103–182, title I, §104, Dec. 8, 1993, 107 Stat. 2064, related to implementing actions in anticipation of entry into force and initial regulations.

Section 3315, Pub. L. 103–182, title I, §105, Dec. 8, 1993, 107 Stat. 2064; Pub. L. 110–161, div. B, title I, §107, Dec. 26, 2007, 121 Stat. 1893, related to establishment of United States Section of NAFTA Secretariat.

Section 3316, Pub. L. 103–182, title I, §106, Dec. 8, 1993, 107 Stat. 2065, related to appointments to chapter 20 panel proceedings, with emphasis on individuals having expertise in environmental issues.

Section 3317, Pub. L. 103–182, title I, §108, Dec. 8, 1993, 107 Stat. 2066, related to congressional intent regarding future accessions with respect to countries other than Canada and Mexico.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

Effective Date; Termination of NAFTA Status

Pub. L. 103–182, title I, §109, Dec. 8, 1993, 107 Stat. 2067, which provided that title I of Pub. L. 103–182 (except for section 107) would take effect on Dec. 8, 1993, and terminated the effect of sections 101 through 106 of Pub. L. 103–182 with respect to a country ceasing to be a NAFTA country, was repealed by Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).


Executive Documents

North American Free Trade Agreement: Entry Into Force

A Presidential Memorandum on the Implementation of the North American Free Trade Agreement, dated Dec. 27, 1993, directing the Secretary of State to exchange notes with the Government of Canada and the Government of Mexico to provide for the entry into force of the Agreement on Jan. 1, 1994, is set out in 29 Weekly Compilation of Presidential Documents 2641, Jan. 3, 1994.

Ex. Ord. No. 12889. Implementation of North American Free Trade Agreement

Ex. Ord. No. 12889, Dec. 27, 1993, 58 F.R. 69681, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the North American Free Trade Agreement Implementation Act (Public Law 103–182, 107 Stat. 2057) (the NAFTA Implementation Act) [see Short Title note under former section 3301 of this title] and section 302 of title 3, United States Code, and in order to implement the North American Free Trade Agreement (NAFTA), it is hereby ordered:

Section 1. Establishment of United States Section of the NAFTA Secretariat. Pursuant to section 105(a) of the NAFTA Implementation Act [former 19 U.S.C. 3315(a)], a United States section of the NAFTA Secretariat shall be established within the Department of Commerce and shall carry out the functions set out in that section.

Sec. 2. Acceptance by the President of Panel and Committee Decisions. Pursuant to subparagraph 516A(g)(7)(B) of the Tariff Act of 1930, as amended, 19 U.S.C. 1516a(g)(7)(B), in the event that the provisions of that subparagraph take effect, I accept, as a whole, all decisions of binational panels and extraordinary challenge committees.

Sec. 3. Implementation of Safeguard Provisions for Textile and Apparel Goods. Pursuant to section 201 of the NAFTA Implementation Act [former 19 U.S.C. 3331], the Committee for the Implementation of Textile Agreements (the Committee) shall take such action as necessary to implement the bilateral safeguard provisions (tariff actions) set out in section 4 of Annex 300–B of the NAFTA. The United States Customs Service shall take such actions to carry out those safeguard provisions as directed by the Secretary of the Treasury, upon the advice and recommendation of the Chairman of the Committee.

Sec. 4. Publication of Proposed Rules regarding Technical Regulations and Sanitary and Phytosanitary Measures. (a) In accordance with Articles 718 and 909 of the NAFTA, each agency subject to the provisions of the Administrative Procedure Act, as amended (5 U.S.C. 551 et seq.), shall, in applying section 553 of title 5, United States Code, with respect to any proposed Federal technical regulation or any Federal sanitary or phytosanitary measure of general application, other than a regulation issued pursuant to section 104(a) of the NAFTA Implementation Act [former 19 U.S.C. 3314(a)], publish or serve notice of such regulation or measure not less than 75 days before the comment due date, except:

(1) in the case of a technical regulation relating to perishable goods, in which case the agency shall, to the greatest extent practicable, publish or serve notice at least 30 days prior to adoption of such regulation;

(2) in the case of a technical regulation, where the United States considers it necessary to address an urgent problem relating to safety or to protection of human, animal or plant life or health, the environment or consumers; or

(3) in the case of a sanitary or phytosanitary measure, where the United States considers it necessary to address an urgent problem relating to sanitary or phytosanitary protection.

(b) For purposes of this section, the term "sanitary or phytosanitary measure" shall be defined in accordance with section 463 of the Trade Agreements Act of 1979 [19 U.S.C. 2575b], and "technical regulation" shall be defined in accordance with section 473 of the Trade Agreements Act of 1979 [19 U.S.C. 2576b].

(c) This section supersedes section 1 of Executive Order No. 12662 of December 31, 1988 [19 U.S.C. 2112 note].

Sec. 5. Government Procurement Procedures. (a) Waiver.

(1) With respect to eligible products (as defined in section 381(c) of the NAFTA Implementation Act [amending section 2518(4)(A) of this title]) of Canada and Mexico, and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Federal Government procurement that would, if applied to such products or suppliers, result in treatment less favorable than the most favorable treatment accorded:

(A) to United States products and services and suppliers of such products and services; or

(B) to eligible products of either Mexico or Canada, shall be waived.

(2) This waiver shall be applied by all executive agencies listed in Annexes 1 and 2 of this Executive order in consultation with, and when deemed necessary at the direction of, the United States Trade Representative (Trade Representative).

(b) The Secretary of Defense, or his designee, in consultation with the Trade Representative, shall be responsible for determinations under Article 1018(1), pursuant to Annex 1001.1b-1(A)(4), of the NAFTA. The Secretary of Defense, or his designee, and the Trade Representative shall establish procedures for this purpose.

(c) The executive agencies listed in Annex 2 are directed to procure eligible products in compliance with the procedural provisions of Chapter 10 of the NAFTA.

(d) The Trade Representative shall be responsible for calculating and adjusting the threshold as required by Article 1001(1)(c) of the NAFTA.

(e) This order shall apply only to solicitations issued on or after the date of entry into force of the NAFTA for the United States.

(f) Although regulatory implementation of this order must await revisions to the Federal Acquisitions Regulation (FAR), it is expected that agencies listed in Annexes 1 and 2 of this order will take all appropriate actions in the interim to implement those aspects of the order that are not dependent upon regulatory revision.

(g) Pursuant to section 25 of the Office of Federal Procurement Policy Act, as amended ([former] 41 U.S.C. 421(a)) [now 41 U.S.C. 1302, 1303], the Federal Acquisition Regulatory Council shall ensure that the policies established herein are incorporated in the FAR within 30 days from the date this order is issued.

Sec. 6. Government Use of Patented Technology. (a) Each agency shall, within 30 days from the date this order is issued, modify or adopt procedures to ensure compliance with Article 1709(10) of the NAFTA regarding notice when patented technology is used by or for the Federal Government without a license from the owner, except that the requirement of Article 1709(10)(b) regarding reasonable efforts to obtain advance authorization from the patent owner:

(1) is hereby waived for an invention used or manufactured by or for the Federal Government, except that the patent owner must be notified whenever the agency or its contractor, without making a patent search, knows or has demonstrable reasonable grounds to know that an invention described in and covered by a valid United States patent is or will be used or manufactured without a license; and

(2) is waived whenever a national emergency or other circumstances of extreme urgency exists, except that the patent owner must be notified as soon as it is reasonably practicable to do so.

(b) Agencies shall treat the term "remuneration" as used in Articles 1709(10)(h) and (j) and 1715 of the NAFTA as equivalent to "reasonable and entire compensation" as used in section 1498 of title 28, United States Code.

(c) In addition to the general provisions of section 7 of this order regarding enforceable rights, nothing in this order is intended to suggest that the giving of notice to a patent owner under Article 1709(10) of the NAFTA constitutes an admission that the Federal Government has infringed a valid privately-owned patent.

Sec. 7. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

Sec. 8. Effective Date. This order shall take effect upon the date of entry into force of the NAFTA for the United States.

William J. Clinton.      

Annex 1

Department of Agriculture

Department of Commerce

Department of Defense

Department of Education

Department of Energy

Department of Health and Human Services

Department of Housing and Urban Development

Department of the Interior

Department of Justice

Department of Labor

Department of State

Department of Transportation

Department of the Treasury

United States Agency for International Development

General Services Administration

National Aeronautics and Space Administration

Department of Veterans Affairs

Environmental Protection Agency

United States Information Agency

National Science Foundation

Panama Canal Commission

Executive Office of the President

Farm Credit Administration

National Credit Union Administration

Merit Systems Protection Board

ACTION Agency

United States Arms Control and Disarmament Agency

Office of Thrift Supervision

Federal Housing Finance Board

National Labor Relations Board

National Mediation Board

Railroad Retirement Board

American Battle Monuments Commission

Federal Communications Commission

Federal Trade Commission

Interstate Commerce Commission

Securities and Exchange Commission

Office of Personnel Management

United States International Trade Commission

Export-Import Bank of the United States

Federal Mediation and Conciliation Service

Selective Service System

Smithsonian Institution

Federal Deposit Insurance Corporation

Consumer Product Safety Commission

Equal Employment Opportunity Commission

Federal Maritime Commission

National Transportation Safety Board

Nuclear Regulatory Commission

Overseas Private Investment Corporation [now United States International Development Finance Corporation]

Administrative Conference of the United States

Board for International Broadcasting

Commission on Civil Rights

Commodity Futures Trading Commission

Peace Corps

National Archives and Records Administration

Annex 2

The Power Marketing Administrations of the Department of Energy

Tennessee Valley Authority

St. Lawrence Seaway Development Corporation

[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]

[For abolition, transfer of functions, and treatment of references to United States Arms Control and Disarmament Agency, see section 6511 et seq. of Title 22, Foreign Relations and Intercourse.]

Consultation and Layover Requirements; Delegation of Authority

Memorandum of President of the United States, Sept. 29, 1995, 60 F.R. 52061, provided:

Memorandum for the United States Trade Representative

By virtue of the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code, you are hereby delegated the authority set forth in section 103(a) of the North American Free Trade Agreement Implementation Act ("NAFTA Act") [former 19 U.S.C. 3313(a)] and section 115 of the Uruguay Round Agreements Act ("Uruguay Round Act") [19 U.S.C. 3524] to perform certain functions in order to fulfill the consultation and layover requirements set forth in those provisions, including:

(1) obtaining advice from the appropriate advisory committees and the U.S. International Trade Commission on the proposed implementation of an action by Presidential proclamation;

(2) submitting a report on such action to the House Ways and Means and Senate Finance Committees; and

(3) consulting with such committees during the 60-day period following the date on which the requirements under (1) and (2) have been met.

The President retains the sole authority under the NAFTA Act [Pub. L. 103–182, see Tables for classification] and Uruguay Round Act [Pub. L. 103–465, see Tables for classification] to implement an action by proclamation after the consultation and layover requirements set forth in section 103(a)(1) through (4) and section 115 of such Acts, respectively, have been met.

You are authorized and directed to publish this memorandum in the Federal Register.

William J. Clinton.      

SUBCHAPTER II—CUSTOMS PROVISIONS

§§3331 to 3335. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section 3331, Pub. L. 103–182, title II, §201, Dec. 8, 1993, 107 Stat. 2068; Pub. L. 104–188, title I, §1954(a)(5), Aug. 20, 1996, 110 Stat. 1927, provided for various tariff modifications.

Section 3332, Pub. L. 103–182, title II, §202, Dec. 8, 1993, 107 Stat. 2069; Pub. L. 104–295, §21(a)(2), Oct. 11, 1996, 110 Stat. 3529; Pub. L. 105–206, title V, §5003(b)(4), July 22, 1998, 112 Stat. 790, related to rules of origin for goods.

Section 3333, Pub. L. 103–182, title II, §203, Dec. 8, 1993, 107 Stat. 2086; Pub. L. 116–113, title V, §501(b)(1), (2), (d)(1)–(3), Jan. 29, 2020, 134 Stat. 67, 68, consisted of subsecs. (a) to (e) relating to drawback. Subsecs. (b) and (c) had amended sections 81c, 1311 to 1313, and 1562 of this title. Subsecs. (a), (d), and (e) were transferred to section 4534 of this title by Pub. L. 116–113 prior to repeal of section 3333.

Section 3334, Pub. L. 103–182, title II, §210, Dec. 8, 1993, 107 Stat. 2099, prohibited drawback for television picture tubes.

Section 3335, Pub. L. 103–182, title II, §211, Dec. 8, 1993, 107 Stat. 2099, related to monitoring of television and picture tube imports and reports on results.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

Effective Date

Pub. L. 103–182, title II, §213, Dec. 8, 1993, 107 Stat. 2099, which set out various effective dates for provisions in title II of Pub. L. 103–182, was repealed by Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

SUBCHAPTER III—APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A—Safeguards

subpart 1—relief from imports benefiting from agreement

§§3351 to 3358. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section 3351, Pub. L. 103–182, title III, §301, Dec. 8, 1993, 107 Stat. 2100, provided definitions for this subpart.

Section 3352, Pub. L. 103–182, title III, §302, Dec. 8, 1993, 107 Stat. 2100, related to commencing of action for relief.

Section 3353, Pub. L. 103–182, title III, §303, Dec. 8, 1993, 107 Stat. 2101, related to required International Trade Commission actions on petitions.

Section 3354, Pub. L. 103–182, title III, §304, Dec. 8, 1993, 107 Stat. 2102, related to provision of relief from certain imports.

Section 3355, Pub. L. 103–182, title III, §305, Dec. 8, 1993, 107 Stat. 2103, related to termination of relief authority for certain articles.

Section 3356, Pub. L. 103–182, title III, §306, Dec. 8, 1993, 107 Stat. 2104, related to compensation authority.

Section 3357, Pub. L. 103–182, title III, §307, Dec. 8, 1993, 107 Stat. 2104, related to submission of petitions to the International Trade Commission.

Section 3358, Pub. L. 103–182, title III, §309, Dec. 8, 1993, 107 Stat. 2105; Pub. L. 104–295, §21(b)(4), Oct. 11, 1996, 110 Stat. 3530; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210, related to price-based snapback for frozen concentrated orange juice.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

Effective Date

Pub. L. 103–182, title III, §318, Dec. 8, 1993, 107 Stat. 2108, which provided that the provisions of subtitle A of title III of Pub. L. 103–182 would take effect on the date the North American Free Trade Agreement entered into force with respect to the United States, was repealed by Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

subpart 2—relief from imports from all countries

§§3371, 3372. Transferred


Editorial Notes

Codification

Section 3371, Pub. L. 103–182, title III, §311, Dec. 8, 1993, 107 Stat. 2106, which related to NAFTA article impact in import relief cases under the Trade Act of 1974, was renumbered as section 301 of subtitle A of title III of Pub. L. 116–113 by Pub. L. 116–113, title V, §502(b)(1)–(3), Jan. 29, 2020, 134 Stat. 70, and transferred to section 4551 of this title.

Section 3372, Pub. L. 103–182, title III, §312, Dec. 8, 1993, 107 Stat. 2107, which related to presidential actions regarding NAFTA imports, was renumbered as section 302 of subtitle A of title III of Pub. L. 116–113 by Pub. L. 116–113, title V, §502(c)(1)–(3), Jan. 29, 2020, 134 Stat. 70, and transferred to section 4552 of this title.

subpart 3—general provisions

§§3381, 3382. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section 3381, Pub. L. 103–182, title III, §316, Dec. 8, 1993, 107 Stat. 2108; Pub. L. 104–295, §21(b)(3), Oct. 11, 1996, 110 Stat. 3530, related to monitoring of fresh or chilled tomatoes and peppers.

Section 3382, Pub. L. 103–182, title III, §317(a), Dec. 8, 1993, 107 Stat. 2108, required the International Trade Commission to adopt procedures and rules to bring it into conformity with chapter 8 of NAFTA.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

Part B—Agriculture

§3391. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section, Pub. L. 103–182, title III, §321, Dec. 8, 1993, 107 Stat. 2108; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210, related to trade of various agricultural products and assistance for farmworkers affected by NAFTA.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

Part C—Temporary Entry of Business Persons

§3401. Transferred


Editorial Notes

Codification

Section, Pub. L. 103–182, title III, §341(a), Dec. 8, 1993, 107 Stat. 2116, which related to nonimmigrant traders and investors, was renumbered as section 311(a) of subtitle B of title III of Pub. L. 116–113 by Pub. L. 116–113, title V, §503(b)(1)–(3), Jan. 29, 2020, 134 Stat. 71, and transferred to section 4561(a) of this title. After the renumbering and transfer of section 341 of Pub. L. 103–182 to section 311 of Pub. L. 116–113, the subsec. (a) designation of this section was struck out, and subsecs. (b) and (c), which had amended section 1184 of Title 8, Immigration and Nationality, were repealed.


Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–182, title III, §342, Dec. 8, 1993, 107 Stat. 2118, which provided that subtitle D of title III of Pub. L. 103–182 took effect on the date the North American Free Trade Agreement entered into force with respect to the United States, was repealed by Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

Part D—Standards

subpart 1—standards and measures

§3411. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section, Pub. L. 103–182, title III, §352, Dec. 8, 1993, 107 Stat. 2122, related to effective date of certain transportation regulations.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

subpart 2—agricultural standards

§3421. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section, Pub. L. 103–182, title III, §361, Dec. 8, 1993, 107 Stat. 2122, set out agricultural standards on peanut butter and peanut paste, established a grant for an animal health biocontainment facility, and required annual reports on inspections of certain imported foods.


Editorial Notes

Codification

Prior to repeal, section was comprised of section 361 of Pub. L. 103–182, which consisted of subsecs. (a) to (i). Subsecs. (g) to (i) of section 361 were set out as the text of this section. Subsecs. (a) to (f) of section 361 are classified as follows: subsec. (a) amended section 1582 of Title 7, Agriculture; subsec. (b) amended section 104 of Title 21, Food and Drugs; subsec. (c) amended section 105 of Title 21; subsec. (d) amended section 1306 of this title and section 281 of Title 7; subsec. (e) amended section 466 of Title 21; and subsec. (f) amended section 620 of Title 21.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

SUBCHAPTER IV—DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY CASES

Part A—Organizational, Administrative, and Procedural Provisions Regarding Implementation of Chapter 19 of Agreement

§§3431 to 3438. Transferred


Editorial Notes

Codification

Section 3431, Pub. L. 103–182, title IV, §401, Dec. 8, 1993, 107 Stat. 2129, which defined certain references in this part, was renumbered as section 411 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, §504(b)(1), (2), Jan. 29, 2020, 134 Stat. 72, and transferred to section 4581 of this title.

Section 3432, 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, which set out organizational and administrative provisions relating to panels and committees, was renumbered as section 412 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, §504(c)(1), (2), Jan. 29, 2020, 134 Stat. 73, and transferred to section 4582 of this title.

Section 3433, Pub. L. 103–182, title IV, §403, Dec. 8, 1993, 107 Stat. 2136, which related to testimony and production of papers in extraordinary challenges, was renumbered as section 413 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, §504(d)(1), (2), Jan. 29, 2020, 134 Stat. 74, 75, and transferred to section 4583 of this title.

Section 3434, Pub. L. 103–182, title IV, §404, Dec. 8, 1993, 107 Stat. 2137, which related to requests for review of determinations by competent investigating authorities of NAFTA countries, was renumbered as section 414 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, §504(e)(1), (2), Jan. 29, 2020, 134 Stat. 75, and transferred to section 4584 of this title.

Section 3435, Pub. L. 103–182, title IV, §405, Dec. 8, 1993, 107 Stat. 2137, which provided for rules of procedure for panels and committees, was renumbered as section 415 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, §504(f)(1), (2), Jan. 29, 2020, 134 Stat. 75, and transferred to section 4585 of this title.

Section 3436, Pub. L. 103–182, title IV, §406, Dec. 8, 1993, 107 Stat. 2138, which set out agreement negotiating objectives with respect to subsidies, was renumbered as section 416 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, §504(g)(1), (2), Jan. 29, 2020, 134 Stat. 75, and transferred to section 4586 of this title.

Section 3437, Pub. L. 103–182, title IV, §407, Dec. 8, 1993, 107 Stat. 2138; Pub. L. 104–295, §21(c)(2), Oct. 11, 1996, 110 Stat. 3530, which related to identification of industries facing subsidized imports, was renumbered as section 417 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, §504(h)(1), (2), Jan. 29, 2020, 134 Stat. 75, 76, and transferred to section 4587 of this title.

Section 3438, Pub. L. 103–182, title IV, §408, Dec. 8, 1993, 107 Stat. 2140, which limited application of amendments to certain antidumping and countervailing duty laws, was renumbered as section 418 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, §504(i)(1), (2), Jan. 29, 2020, 134 Stat. 76, and transferred to section 4588 of this title.


Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–182, title IV, §416, Dec. 8, 1993, 107 Stat. 2148, which provided that title IV of Pub. L. 103–182 took effect on the date the Agreement entered into force with respect to the United States but was not applicable to certain determinations or binational panel reviews, was repealed by Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

Part B—General Provisions

§3451. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section, Pub. L. 103–182, title IV, §415, Dec. 8, 1993, 107 Stat. 2148; Pub. L. 104–295, §21(c)(4), Oct. 11, 1996, 110 Stat. 3530, set out effects of termination of NAFTA country status and transition provisions.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

SUBCHAPTER V—MISCELLANEOUS PROVISIONS

Part A—Provisions Relating to Performance Under Agreement

§§3461 to 3463. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section 3461, Pub. L. 103–182, title V, §511, Dec. 8, 1993, 107 Stat. 2154, expressed the sense of Congress regarding discriminatory taxes.

Section 3462, Pub. L. 103–182, title V, §512, Dec. 8, 1993, 107 Stat. 2155, required the President to provide to Congress a comprehensive study on the operation and effects of NAFTA.

Section 3463, Pub. L. 103–182, title V, §514, Dec. 8, 1993, 107 Stat. 2157, required reports on the impact of NAFTA on motor vehicle exports to Mexico.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

Effective Date

Pub. L. 103–182, title V, §516, Dec. 8, 1993, 107 Stat. 2160, which provided that subtitle B of title V of Pub. L. 103–182, except for section 515, took effect on the date the North American Free Trade Agreement entered into force with respect to the United States (Jan. 1, 1994), was repealed by Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

Part B—Implementation of NAFTA Supplemental Agreements

§3471. Repealed. Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78

Section, Pub. L. 103–182, title V, §531, Dec. 8, 1993, 107 Stat. 2163, authorized the United States to participate in the Commission for Labor Cooperation.


Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title.

§3472. Agreement on Environmental Cooperation

(a) Commission for Environmental Cooperation

(1) Membership

The United States is authorized to participate in the Commission for Environmental Cooperation in accordance with the North American Agreement on Environmental Cooperation.

(2) Contributions to budget

There are authorized to be appropriated to the President (or such agency as the President may designate) $5,000,000 for each of fiscal years 1994 and 1995 for United States contributions to the annual budget of the Commission for Environmental Cooperation pursuant to Article 43 of the North American Agreement on Environmental Cooperation. Funds authorized to be appropriated for such contributions by this paragraph are in addition to any funds otherwise available for such contributions. Funds authorized to be appropriated by this paragraph are authorized to be made available until expended.

(b) Definitions

As used in this section—

(1) the term "Commission for Environmental Cooperation" means the commission established by Part Three of the North American Agreement on Environmental Cooperation; and

(2) the term "North American Agreement on Environmental Cooperation" means the North American Agreement on Environmental Cooperation Between the Government of the United States of America, the Government of Canada, and the Government of the United Mexican States (signed at Mexico City, Washington, and Ottawa on September 8, 9, 12, and 14, 1993).

(Pub. L. 103–182, title V, §532, Dec. 8, 1993, 107 Stat. 2164; Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)


Editorial Notes

Amendments

2020Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.

Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.


Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title.

Technical Corrections to the United States-Mexico-Canada Agreement Implementation Act: Environment Cooperation Commissions and North American Development Bank

Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149, provided that:

"(1) In general.—Section 601 of the United States-Mexico-Canada Agreement Implementation Act (Public Law 116–113; 134 Stat. 78) [19 U.S.C. 3301 note] shall not apply to the provisions specified in paragraph (2) and such provisions shall be restored and revived as if such section had not been enacted.

"(2) Provisions specified.—The provisions specified in this paragraph are the following:

"(A) Sections 532 and 533 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3472, 3473].

"(B) Part 2 of subtitle D of title V of such Act (as amended by section 831 of the United States-Mexico-Canada Agreement Implementation Act) [22 U.S.C. 290m et seq.]."

[Section 601(a)(1), (2) of Pub. L. 116–260, set out above, effective on July 1, 2020, see section 601(h) of Pub. L. 116–260, set out as an Effective Date of 2020 Amendment note under section 81c of this title.]


Executive Documents

Ex. Ord. No. 12915. Federal Implementation of the North American Agreement on Environmental Cooperation

Ex. Ord. No. 12915, May 13, 1994, 59 F.R. 25775, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the North American Free Trade Agreement Implementation Act, Public Law 103–182; 107 Stat. 2057 ("NAFTA Implementation Act") [see Tables for classification], and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. POLICY. (a) The North American Agreement on Environmental Cooperation ("Environmental Cooperation Agreement") shall be implemented consistent with United States policy for the protection of human, animal or plant life or health, and the environment. The Environmental Cooperation Agreement shall also be implemented to advance sustainable development, pollution prevention, environmental justice, ecosystem protection, and biodiversity preservation and in a manner that promotes transparency and public participation in accordance with the North American Free Trade Agreement ("NAFTA") and the Environmental Cooperation Agreement.

(b) Effective implementation of the Environmental Cooperation Agreement is essential to the realization of the environmental objectives of NAFTA and the NAFTA Implementation Act and promotes cooperation on trade and environmental issues between the United States, Canada, and Mexico.

Sec. 2. IMPLEMENTATION OF THE ENVIRONMENTAL COOPERATION AGREEMENT.

(a) Policy Priorities. In accordance with Article 10(2) of the Environmental Cooperation Agreement, it is the policy of the United States to promote consideration of, with a view towards developing recommendations and reaching agreement on, the following priorities within the Council of the Commission for Environmental Cooperation ("Council"):

(1) pursuant to Article 10(2)(m), the environmental impact of goods throughout their life cycles, including the environmental effects of processes and production methods and the internalization of environmental costs associated with products from raw material to disposal;

(2) pursuant to Articles 10(2)(b), (g), (i), (j), and (k), pollution prevention techniques and strategies, transboundary and border environmental issues, the conservation and protection of wild flora and fauna (including endangered species), their habitats and specially protected natural areas, and environmental emergency preparedness and response activities;

(3) pursuant to Articles 10(3) and 10(4), implementation of Environmental Cooperation Agreement provisions and the exchange of information among the United States, Canada, and Mexico concerning the development, continuing improvement, and effective enforcement of, and compliance with, environmental laws, policies, incentives, regulations, and other applicable standards;

(4) pursuant to Article 10(5)(a), public access to environmental information held by public authorities of each party to the Environmental Cooperation Agreement, including information on hazardous materials and activities in its communities, and the opportunity to participate in decision-making processes related to such public access;

(5) pursuant to Article 10(2)(1), environmental matters as they relate to sustainable development; and

(6) other priorities as appropriate or necessary.

(b) United States Representation on the Council. The Administrator of the Environmental Protection Agency ("EPA") shall be the representative of the United States on the Council. The policies and positions of the United States in the Council shall be coordinated through applicable interagency procedures.

(c) Environmental Effects of the NAFTA. Pursuant to Article 10(6)(d) of the Environmental Cooperation Agreement, the Administrator of the EPA shall work actively within the Council to consider on an ongoing basis the environmental effects of the NAFTA and review progress toward the objectives of the Environmental Cooperation Agreement.

(d) Transparency and Public Participation. The United States, as appropriate, shall endeavor to ensure the transparency and openness of, and opportunities for the public to participate in, activities under the Environmental Cooperation Agreement.

(1) To the greatest extent practicable, pursuant to Articles 15(1) and 15(2), where the Secretariat of the Commission for Environmental Cooperation ("Secretariat") informs the Council that a factual record is warranted, the United States shall support the preparation of such factual record.

(2) To the greatest extent practicable, the United States shall support public disclosure of all nonconfidential and nonproprietary elements of reports, factual records, decisions, recommendations, and other information gathered or prepared by the Commission for Environmental Cooperation ("Commission"). Where requested information is not made available, the United States shall endeavor to have the Commission state in writing to the public its reasons for denial of the request.

(3) The United States shall provide public notice of the opportunity to apply for inclusion on a roster of qualified individuals available to serve on arbitral panels under the Environmental Cooperation Agreement.

(4) The United States shall seek to ensure that the Model Rules of Procedure for dispute settlement established pursuant to Articles 28(1) and 28(2) of the Environmental Cooperation Agreement provide for the preparation of public versions of written submissions and arbitral reports not otherwise made publicly available, and for public access to arbitral hearings.

(5) Consistent with the Environmental Cooperation Agreement, the EPA Administrator shall develop procedures to inform the public of arbitral proceedings and Commission activities under the Environmental Cooperation Agreement, and to provide appropriate mechanisms for receiving public comment with respect to such arbitral proceedings and Commission activities involving the United States.

(6) As a disputing party, the United States shall seek to ensure, pursuant to Article 30 of the Environmental Cooperation Agreement, that the arbitral panels consult with appropriate experts for information and technical advice.

(e) Consultation with States. (1) Pursuant to Article 18 of the Environmental Cooperation Agreement, the EPA Administrator shall establish a governmental committee to furnish advice regarding implementation and further elaboration of the Agreement. Through this committee, or through other means as appropriate, the EPA Administrator and other relevant Federal agencies shall:

(A) inform the States on a continuing basis of matters under the Environmental Cooperation Agreement that directly relate to, or will potentially have a direct impact on, the States, including: (i) dispute settlement proceedings and other matters involving enforcement by the States of environmental laws; and (ii) implementation of the Environmental Cooperation Agreement, including Council, committee, and working group activities, in any area in which the States exercise concurrent or exclusive legislative, regulatory, or enforcement authority;

(B) provide the States with an opportunity to submit information and advice with respect to the matters identified in section 2(e)(1)(A) of this order; and

(C) involve the States to the greatest extent practicable at each stage of the development of United States positions regarding matters identified in section 2(e)(1)(A) of this order that will be addressed by the Council, committees, subcommittees, or working groups established under the Environmental Cooperation Agreement, or through dispute settlement processes prescribed under the Environmental Cooperation Agreement (including involvement through the inclusion of appropriate representatives of the States).

(2) When formulating positions regarding matters identified in section 2(e)(1)(A) of this order, the United States shall take into account the information and advice received from States.

(3) The United States, where appropriate, shall include representatives of interested States as Members of the United States delegations to the Council and other Commission bodies, including arbitral panels.

Sec. 3. NATIONAL ADVISORY COMMITTEE. The EPA Administrator shall utilize a National Advisory Committee as provided under Article 17 of the Environmental Cooperation Agreement.

Sec. 4. UNITED STATES CONTRIBUTIONS TO THE COMMISSION FOR ENVIRONMENTAL COOPERATION. In accordance with section 532(a)(2) of the NAFTA Implementation Act [19 U.S.C. 3472(a)(2)], the EPA is designated as the agency authorized to make the contributions of the United States from funds available for such contributions to the annual budget of the Commission for Environmental Cooperation.

Sec. 5. JUDICIAL REVIEW. This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

William J. Clinton.      

Extension of Term of Governmental Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation

Term of Governmental Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees.

Previous extensions of term of Governmental Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation were contained in the following prior Executive Orders:

Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.

Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.

Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.

Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.

Extension of Term of National Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation

Term of National Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees.

Previous extensions of term of National Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation were contained in the following prior Executive Orders:

Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.

Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.

Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.

Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.

§3473. Agreement on Border Environment Cooperation Commission

(a) Border Environment Cooperation Commission

(1) Membership

The United States is authorized to participate in the Border Environment Cooperation Commission in accordance with the Border Environment Cooperation Agreement.

(2) Contributions to the Commission budget

There are authorized to be appropriated to the President (or such agency as the President may designate) $5,000,000 for fiscal year 1994 and each fiscal year thereafter for United States contributions to the budget of the Border Environment Cooperation Commission pursuant to section 7 of Article III of Chapter I of the Border Environment Cooperation Agreement. Funds authorized to be appropriated for such contributions by this paragraph are in addition to any funds otherwise available for such contributions. Funds authorized to be appropriated by this paragraph are authorized to be made available until expended.

(b) Civil actions involving Commission

For the purpose of any civil action which may be brought within the United States by or against the Border Environment Cooperation Commission in accordance with the Border Environment Cooperation Agreement (including an action brought to enforce an arbitral award against the Commission), the Commission shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States, or its agent appointed for the purpose of accepting service or notice of service, is located. Any such action to which the Commission is a party shall be deemed to arise under the laws of the United States, and the district courts of the United States (including the courts enumerated in section 460 of title 28) shall have original jurisdiction of any such action. When the Commission is a defendant in any action in a State court, it may at any time before trial remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.

(c) Definitions

As used in this section—

(1) the term "Border Environment Cooperation Agreement" means the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank;

(2) the terms "Border Environment Cooperation Commission" and "Commission" mean the commission established pursuant to Chapter I of the Border Environment Cooperation Agreement; and

(3) the term "United States" means the United States, its territories and possessions, and the Commonwealth of Puerto Rico.

(Pub. L. 103–182, title V, §533, Dec. 8, 1993, 107 Stat. 2164; Pub. L. 116–113, title VI, §601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, §601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)


Editorial Notes

Amendments

2020Pub. L. 116–260, §601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below.

Pub. L. 116–113, §601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.


Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title.


Executive Documents

Ex. Ord. No. 12916. Implementation of Border Environment Cooperation Commission and North American Development Bank

Ex. Ord. No. 12916, May 13, 1994, 59 F.R. 25779, as amended by Ex. Ord. No. 13380, June 17, 2005, 70 F.R. 35509, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the North American Free Trade Agreement Implementation Act, Public Law 103–182; 107 Stat. 2057 ("NAFTA Implementation Act") [see Tables for classification], and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. The Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank, as amended by the Protocol of Amendment done at Washington and Mexico City, November 25 and 26, 2002 ("Agreement") shall be implemented consistent with United States policy for the protection of human, animal or plant life or health, and the environment. The Agreement shall also be implemented to advance sustainable development, pollution prevention, environmental justice, ecosystem protection, and biodiversity preservation and in a manner that promotes transparency and public participation in accordance with the North American Free Trade Agreement and the Agreement.

Sec. 2. (a) The Secretary of State, the Secretary of the Treasury, and the Administrator of the Environmental Protection Agency shall be members of the Board of Directors of the Border Environment Cooperation Commission and the North American Development Bank ("Board") as provided in clauses (1), (3), and (5) of article II in chapter III of the Agreement.

(b) Appointments to the Board under clauses (7) and (9) of article II in chapter III of the Agreement shall be made by the President. Individuals so appointed shall serve at the pleasure of the President.

(c) The Secretary of the Treasury is selected to be the Chairperson of the Board during any period in which the United States is to select the Chairperson under article III in chapter III of the Agreement.

(d) Except with respect to functions assigned by section 4, 5, 6, or 7 of this order, the Secretary of the Treasury shall coordinate with the Secretary of State, the Administrator of the Environmental Protection Agency, such other agencies and officers as may be appropriate, and the individuals appointed under subsection 2(b) as may be appropriate, the development of the policies and positions of the United States with respect to matters coming before the Board.

Sec. 3. For purposes of loans, guarantees, or grants endorsed by the United States for community adjustment and investment, the members of the Board listed in subsections 2(a) and (b) shall be instructed by the Secretary of the Treasury in accordance with procedures established by the Community Adjustment and Investment Program Finance Committee established pursuant to section 7 of this order.

Sec. 4. The functions vested in the President by section 543(a)(1) of the NAFTA Implementation Act [22 U.S.C. 290m–2(a)(1)] are delegated to the Secretary of the Treasury.

Sec. 5. The functions vested in the President by section 543(a)(2) and (3) of the NAFTA Implementation Act are delegated to the Secretary of the Treasury, who shall exercise such functions in accordance with the recommendations of the Community Adjustment and Investment Program Finance Committee established pursuant to section 7 of this order.

Sec. 6. The functions vested in the President by section 543(a)(5) and section 543(d) of the NAFTA Implementation Act are delegated to the Community Adjustment and Investment Program Finance Committee established pursuant to section 7 of this order, which shall exercise such functions in consultation with the Community Adjustment and Investment Program Advisory Committee ("Advisory Committee") established pursuant to section 543(b) of the NAFTA Implementation Act.

Sec. 7. (a) There is hereby established a Community Adjustment and Investment Program Finance Committee ("Finance Committee").

(b) The Finance Committee shall be composed of representatives from the Department of the Treasury, the Department of Agriculture, the Department of Housing and Urban Development, the Small Business Administration, and any other Federal agencies selected by the Chair of the Finance Committee to assist in carrying out the community adjustment and investment program pursuant to section 543(a)(3) of the NAFTA Implementation Act [22 U.S.C. 290m–2(a)(3)].

(c) The Department of the Treasury representative shall serve as Chair of the Finance Committee. The Chair shall be responsible for presiding over the meetings of the Finance Committee, ensuring that the views of all other members are taken into account, coordinating with other appropriate United States Government agencies in carrying out the community adjustment and investment program, and requesting meetings of the Advisory Committee pursuant to section 543(b)(4)(C) of the NAFTA Implementation Act.

Sec. 8. Any advice or conclusions of reviews provided to the President by the Advisory Committee pursuant to section 543(b)(3) of the NAFTA Implementation Act [22 U.S.C. 290m–2(b)(3)] shall be provided through the Finance Committee.

Sec. 9. Any summaries of public comments or conclusions of investigations and audits provided to the President by the ombudsman pursuant to section 543(c)(1) of the NAFTA Implementation Act shall be provided through the Finance Committee.

Sec. 10. The authority of the President under section 6 of Public Law 102–532; 7 U.S.C. 5404, to establish an advisory board to be known as the Good Neighbor Environmental Board is delegated to the Administrator of the Environmental Protection Agency.

Sec. 11. This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

Extension of Term of Good Neighbor Environmental Board

Term of Good Neighbor Environmental Board extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees.

Previous extensions of term of Good Neighbor Environmental Board were contained in the following prior Executive Orders:

Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.

Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.

Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.

Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.