Page:United States Statutes at Large Volume 98 Part 3.djvu/631

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 3003

"(B) to respond to any act, policy, or practice of a foreign country or instrumentality that— (i) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or "(ii) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce; the President shall take all appropriate and feasible action within his power to enforce such rights or to obtain the elimination of such act, policy, or practice. "(2) SCOPE OF ACTION.—The President may exercise his

authority under this section with respect to any goods or sector— "(A) on a nondiscriminatory basis or solely against the foreign country or instrumentality involved, and "(B) without regard to whether or not such goods or sector were involved in the act, policy, or practice identified under paragraph (1).". (b) Section 301(b) (19 U.S.C. 2411(b)) is amended— (1) by striking out "and" at the end of paragraph (1); (2) by inserting ", notwithstanding any other provision of law," before "fees in paragraph (2); and (3) by striking out products" in paragraph (2) and inserting in lieu thereof "goods". (c) Section 301 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: "(c) ADDITIONAL ACTIONS ON SERVICES.—

"(1) IN GENERAL.—Notwithstanding any other provision of law governing any service sector access authorization, and in addition to the authority conferred in subsection (b), the President may— "(A) restrict, in the manner and to the extent the President deems appropriate, the terms and conditions of any such authorization, or "(B) deny the issuance of any such authorization. "(2) AFFECTED AUTHORIZATIONS.—Actions under paragraph (1) shall apply only with respect to service sector access authorizations granted, or applications therefor pending, on or after the date on which— "(A) a petition is filed under section 302(a), or infra. "(B) a determination to initiate an investigation is made by the United States Trade Representative (hereinafter in this chapter referred to as the 'Trade Representative') under section 302(c). "(3) CONSULTATION.—Before the President takes action under subsection (b) or (c) involving the imposition of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to regulation by any agency of the Federal Government or of any State, consult, as appropriate, with the head of the agency concerned.". (d)(1) Section 302 (19 U.S.C. 2412) is amended to read as follows: "SEC. 302. INITIATION OF INVESTIGATIONS BY UNITED STATES TRADE REPRESENTATIVE. "(a) FiliNG OF PETITION.—