Limitation on presidential discretion

Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) is amended— (1)in subsection (a)— (A)by inserting any before increased duties; and (B)by striking , to the extent and for such period and all that follows to the end period and inserting recommended by the International Trade Commission; (2)in subsection (e), in the second sentence, by striking agreed upon by either group and all that follows to the end period and inserting shall be considered an affirmative determination under subsection (b); (3)in subsection (f)— (A)in the heading, by striking

on Proposed Remedies

and inserting

for Relief

; (B)in the first sentence— (i)by striking the President or Trade Representative may consider as and inserting is to be considered; and (ii)by striking the Commission shall propose and inserting the Commission shall recommend; and (C)in the second sentence, by striking proposed action and inserting recommended action; (4)in subsection (g)(2)(B)— (A)by striking or may be considered by the President or the Trade Representative as and inserting or if the determination is considered to be; and (B)by striking on proposed remedies and inserting for relief; (5)in subsection (h)— (A)in the heading, by striking

Proposed measure and recommendation to the President

and inserting

Recommended Relief and Report by Trade Representative

; (B)in paragraph (1)— (i)by striking measure proposed by the Trade Representative to be taken pursuant to subsection (a) and inserting relief recommended by the Commission under subsection (f); and (ii)by striking proposed measure and inserting recommended relief; (C)in paragraph (2), by striking on the measure proposed by the Trade Representative and all that follows to the end period and inserting , shall transmit a report to the President recommending what action to take under subsection (k); and (D)by adding at the end the following new paragraph:

(3)The Trade Representative, after submitting a report to the President under paragraph (2), shall promptly make the report available to the public, excluding any proprietary or confidential information. The Trade Representative shall publish a summary of the report in the Federal Register.

;

(6)in subsection (i)— (A)in the flush sentence at the end of paragraph (1), by striking agreed upon by either group and all that follows to the end period and inserting shall be considered an affirmative determination of the Commission; and (B)by striking paragraphs (2), (3), and (4), and inserting the following:

(2)On the date on which the Commission completes its determinations under paragraph (1), the Commission shall transmit a report on the determinations to the President and the Trade Representative, including the reasons for its determinations. If the determinations under paragraph (1) are affirmative or if the determinations are considered to be affirmative under paragraph (1), the Commission shall include in its report its recommendations on provisional relief to be taken to prevent or remedy the market disruption. Only those members of the Commission who agreed to the affirmative determinations under paragraph (1) are eligible to vote on the recommended provisional relief to prevent or remedy market disruption. Members of the Commission who did not agree to the affirmative determinations may submit, in the report, dissenting or separate views regarding the determination and any recommendation of provisional relief referred to in this paragraph. (3)The provisional relief referred to in paragraph (2) may include— (A)the imposition of or increase in any duty; (B)any modification, or imposition of any quantitative restriction on the importation of any article into the United States; or (C)any combination of actions under subparagraph (A) or (B). (4)If the determinations under paragraph (1) are affirmative or if the determinations are considered to be affirmative under paragraph (1), the Trade Representative shall, within 10 days after receipt of the Commission's report, transmit a report to the President recommending what action to take with respect to provisional relief under subsection (k). (5)(A)The President shall proclaim any provisional relief recommended by the Commission not later than 10 days after the date the President receives the report described in paragraph (4) from the Trade Representative. (B)Any provisional relief proclaimed by the President pursuant to a determination of critical circumstances shall remain in effect for a period not to exceed 200 days. (C)Provisional relief shall cease to apply upon the effective date of relief proclaimed under subsection (a), upon a decision by the President not to provide such relief under subsection (k), or upon a negative determination by the Commission under subsection (b).

;

(7)in subsection (j)— (A)in paragraph (1), by striking which the Trade Representative considers to be and inserting that is considered to be; and (B)by striking paragraph (2) and inserting the following:

(2)If no agreement is reached with the People's Republic of China pursuant to consultations under paragraph (1) in the time required for Presidential action under subsection (k), or if the President determines that an agreement reached pursuant to such consultations is not preventing or remedying the market disruption at issue in the time required for Presidential action under subsection (k), the President shall provide import relief in accordance with subsection (a).

;

(8)in subsection (k)— (A)in the heading, by striking

Standard for presidential action

and inserting

Timing for presidential action; exceptions

; (B)in paragraph (1), by striking a recommendation from the Trade Representative and all that follows to the end period and inserting a report from the Trade Representative under subsection (h)(2), the President shall, pursuant to subsection (a), proclaim the relief recommended by the Commission; and (C)by amending paragraph (2) to read as follows:

(2)The President may decline to proclaim relief pursuant to subsection (a), may proclaim relief pursuant to subsection (a) that differs from the relief recommended by the Commission, may decline to proclaim provisional relief pursuant to subsection (i), or may proclaim provisional relief pursuant to subsection (i) that differs from the relief recommended by the Commission— (A)only in extraordinary cases; and (B)only if the President determines that providing relief or provisional relief pursuant to subsection (a) or (i) or providing the relief recommended by the Commission pursuant to subsection (a) or (i)— (i)would have an adverse impact on the United States economy that clearly and significantly outweighs the benefits of such action; or (ii)would cause serious harm to the national security of the United States.

;

(9)in subsection (l), by amending paragraph (1) to read as follows:

(1)The President’s decision under subsection (k) shall be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and shall be published in the Federal Register within 15 days of the decision. In the submission to the committees and in publication in the Federal Register, the President shall include the reasons for the decision and the scope and duration of any action taken. If the President takes action that differs from the action recommended by the Commission under subsection (f) or declines to take action pursuant to subsection (k)(2), the President shall state in detail the reasons for such action or inaction.

;

(10)by redesignating subsections (m) through (o) as subsections (n) through (p), respectively; (11)by inserting after subsection (l) the following new subsection:

(m)

Implementation of action recommended by Commission

(1)If the President takes action that differs from the action recommended by the Commission under subsection (f) or declines to take action pursuant to subsection (k)(2)(B)(i), the action recommended by the Commission under subsection (f) shall take effect (as provided in subsection (n)(2)) upon the enactment of a joint resolution described in paragraph (2) within the 90-day period beginning on the date on which the President’s decision is transmitted to the Congress pursuant to subsection (l). (2)For purposes of this section, the term joint resolution means a joint resolution of the 2 Houses of the Congress, the sole matter after the resolving clause of which is as follows: That the Congress does not approve the action taken by, or the determination of, the President under section 421 of the Trade Act of 1974, notice of which was transmitted to the Congress on ______., with the blank space being filled with the appropriate case number and date. (3)The provisions of section 152 (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) shall apply to joint resolutions under this section.

;

(12)in subsection (n), as redesignated, by striking Import relief under this section and all that follows to the end period and inserting the following:

(1)Except as provided in paragraph (2), import relief under this section shall take effect not later than 15 days after the President’s determination to provide such relief. (2)If the action recommended by the Commission takes effect pursuant to subsection (m), the President shall, within 15 days after the date of the enactment of the joint resolution referred to in subsection (m), proclaim the action recommended by the Commission under subsection (f). Such action shall take effect not later than 15 days after the date of the President’s proclamation.

;

(13)in subsection (o), as redesignated— (A)in paragraph (1), by striking 6-month and inserting 1-year; and (B)in paragraph (3), by inserting or (m) after subsection (k); and (14)in subsection (p), as redesignated— (A)in paragraph (1), by inserting or (m) after subsection (k);; and (B)in paragraph (3), by striking subsection (m) and inserting subsection (n).