19 U.S.C. § 2114c — Trade in services: development, coordi-

Page 512 TITLE 19—CUSTOMS DUTIES § 2114c 1 So in original. Probably should be ‘‘Representative’’. 2 See Codification note below. (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion ac- tivities in the service sector; (iv) tax treatment of services, with par- ticular emphasis on the effect of United States taxation on the international com- petitiveness of United States firms and ex- ports; (v) treatment of services under inter- national agreements of the United States; (vi) antitrust policies as such policies af- fect the competitiveness of United States firms; and (vii) treatment of services in international agreements of the United States; (D) conduct a program of research and anal- ysis of service-related issues and problems, in- cluding forecasts and industrial strategies; and (E) conduct sectoral studies of domestic service industries. (2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services. (3) On not less than a biennial basis beginning in 1986, the Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report. (4) The Secretary of Commerce shall carry out the provisions of this subsection from funds oth- erwise made available to him which may be used for such purposes. (5) For purposes of this section, the term ‘‘services’’ means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, in- surance, transportation, postal and delivery services, communications and data processing, retail and wholesale trade, advertising, account- ing, construction, design and engineering, man- agement consulting, real estate, professional services, entertainment, education, health care, and tourism. (Pub. L. 98–573, title III, § 306(a), Oct. 30, 1984, 98 Stat. 3008; Pub. L. 105–277, div. A, § 101(h) [title VI, § 633(c)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–524.) Editorial Notes CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (a) of section 306 of Pub. L. 98–573. Subsec. (b) of such section amended sec- tions 3101, 3103, and 3104 and a provision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; subsec. (c)(1), (2)(A) of such section is classified to section 2114c of this title; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title. AMENDMENTS 1998—Par. (5). Pub. L. 105–277, which directed the amendment of par. (5) by inserting ‘‘postal and delivery services,’’ after ‘‘transportation.’’ in second sentence, was executed by making the insertion after ‘‘transpor- tation,’’ to reflect the probable intent of Congress. § 2114c. Trade in services: development, coordi- nation, and implementation of Federal poli- cies; staff support and other assistance; spe- cific service sector authorities unaffected; executive functions (1)(A) The United States Trade Representa- tive, through the interagency trade organization established pursuant to section 1872(a) of this title or any subcommittee thereof, shall, in con- formance with this Act and other provisions of law, develop (and coordinate the implementa- tion of) United States policies concerning trade in services. (B) In order to encourage effective develop- ment, coordination, and implementation of United States policies on trade in services— (i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the department’s or agency’s atten- tion with respect to— (I) the treatment afforded United States service sector interest in foreign markets; or (II) allegations of unfair practices by for- eign governments or companies in a service sector; and (ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assist- ance for negotiations on service-related issues by the United States Trade Representatives 1 and the domestic implementation of service- related agreements. (C) Nothing in this paragraph shall be con- strued to alter any existing authority or respon- sibility with respect to any specific service sec- tor. (2)(A) 2 The President shall, as he deems appro- priate— (i) consult with State governments on issues of trade policy, including negotiating objec- tives and implementation of trade agreements, affecting the regulatory authority of non-Fed- eral governments, or their procurement of goods and services; (ii) establish one or more intergovernmental policy advisory committees on trade which shall serve as a principal forum in which State and local governments may consult with the Federal Government with respect to the mat- ters described in clause (i); and (iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analyses, and information concerning United States policies on international trade in serv- ices. Page 513 TITLE 19—CUSTOMS DUTIES § 2115 (Pub. L. 98–573, title III, § 306(c)(1), (2)(A), Oct. 30, 1984, 98 Stat. 3010, 3011.) Editorial Notes REFERENCES IN TEXT This Act, referred to in par. (1)(A), is Pub. L. 98–573, Oct. 30, 1984, 98 Stat. 2984, known as the Trade and Tar- iff Act of 1984. For classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1654 of this title and Tables. CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (c)(1), (2)(A) of section 306 of Pub. L. 98–573. Subsec. (a) of such section is clas- sified to section 2114(b) of this title; subsec. (b) of such section amended sections 3101, 3103, and 3104 and a pro- vision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘services’’ as used in this section, see par. (5) of section 2114b of this title. § 2114d. Foreign export requirements; consulta- tions and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable (1) If the United States Trade Representative, with the advice of the committee established by section 1872 of this title, determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that ad- versely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduc- tion and elimination of such export performance requirements through consultations and nego- tiations with the foreign country or instrumen- tality concerned. (2) In addition to the action referred to in sub- section (1), the United States Trade Representa- tive may impose duties or other import restric- tions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements. (3) Nothing in paragraph (2) shall apply to any products or services with respect to which— (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before October 30, 1984, or (B) any written commitment relating to a foreign direct investment that is binding on October 30, 1984, has been made directly or in- directly by any United States person. (4) Whenever the international obligations of the United States and actions taken under para- graph (2) make compensation necessary or ap- propriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in sec- tion 2133 of this title for providing compensation for actions taken under section 2253 of this title. (Pub. L. 98–573, title III, § 307(b), Oct. 30, 1984, 98 Stat. 3012; Pub. L. 99–514, title XVIII, § 1889(5), Oct. 22, 1986, 100 Stat. 2926.) Statutory Notes and Related Subsidiaries CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (b) of section 307 of Pub. L. 98–573. Subsec. (a) of such section amended sec- tion 2112(g)(3) of this title. AMENDMENTS 1986—Par. (3). Pub. L. 99–514 struck out ‘‘or paragraph (3)’’ after ‘‘paragraph (2)’’. Statutory Notes and Related Subsidiaries PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. § 2114e. Negotiation of agreements concerning high technology industries The President may enter into such bilateral or multilateral agreements as may be necessary or appropriate to achieve the objectives of this sec- tion and the negotiating objectives under sec- tion 2114a(c) of this title. (Pub. L. 98–573, title III, § 308(a), Oct. 30, 1984, 98 Stat. 3013.) Editorial Notes REFERENCES IN TEXT This section, referred to in text, means section 308 of Pub. L. 98–573. See Codification note below. CODIFICATION Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (a) of section 308 of Pub. L. 98–573. Subsec. (b) of such section 308 enacted section 2138 of this title. § 2115. Bilateral trade agreements If the President determines that bilateral trade agreements will more effectively promote the economic growth of, and full employment in, the United States, then, in such cases, a negoti- ating objective under sections 2111 and 2112 of this title shall be to enter into bilateral trade agreements. Each such trade agreement shall provide for mutually advantageous economic benefits. (Pub. L. 93–618, title I, § 105, Jan. 3, 1975, 88 Stat. 1984.)