19 U.S.C. § 4514: Consultation and layover…

Summary

The President can only announce an action by proclamation if four things happen. First, the President gets advice from the advisory committees under section 2155 and from the International Trade Commission, and the ITC must hold a public hearing before giving its advice. Second, the President sends a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House that explains the action, the reasons, and the advice received. Third, 60 calendar days must pass after those advice and report steps are done. Fourth, the President must consult with those two congressional committees during that 60-day period.

Title 19, §4514

Customs Duties, Source: USLM XML via OLRC

If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, that action may be proclaimed only if—

(1)the President has obtained advice regarding the proposed action from—

(A)the appropriate advisory committees established under section 2155 of this title; and

(B)the International Trade Commission, which shall hold a public hearing on the proposed action before providing advice regarding the proposed action;

(2)the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—

(A)the proposed action and the reasons therefor; and

(B)the advice obtained under paragraph (1);

(3)a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met, has expired; and

(4)the President has consulted with the committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mexico-Canada Agreement Implementation Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 4501 of this title and Tables.

Executive Documents

Delegation of Functions Proc. No. 10053, par. (7), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative to fulfill the obligations of the President to obtain advice from the appropriate advisory committees and the International Trade Commission on the proposed implementation of an action by Presidential proclamation; to submit a report on such proposed action to the appropriate congressional committees; and to consult with those congressional committees regarding the proposed action.

§4514 Consultation and Layover Provisions For, and Effective Date Of, Proclaimed Actions