,,ii #aacth ,,congress #ast ,session ,s4 #gij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bc1 #bjac ,mrs4 ,mc,caskill 7for herself1 ,mr4 ,portman1 ,mr4 ,coats1 ,mr4 ,coburn1 ,mr4 ,toomey1 ,mr4 ,vitter1 ,mr4 ,flake1 ,mr4 ,lee1 and ,mr4 ,johnson of ,wisconsin7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to require the ,united ,states ,international ,trade ,commission to recommend temporary duty suspensions and reductions to ,congress1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,temporary ,duty ,suspension ,process ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#b7 ,commission ,the term ,commission means the ,united ,states ,international ,trade ,commission4 7#c7 ,duty suspension or reduction ,the term duty suspension or reduction means an amendment to subchapter ,,ii of chapter #ii of the ,harmonized ,tariff ,schedule of the ,united ,states-- 7,a7 extending an existing temporary suspension or reduction of duty on an article under that subchapter2 or 7,b7 providing for a new temporary suspension or reduction of duty on an article under that subchapter4 #c4 ,recommendations by ,united ,states ,international ,trade ,commission for duty suspensions and reductions 7a7 ,establishment of review process ,not later than #ij days after the date of the enactment of this ,act1 the ,commission shall complete all actions necessary to establish a process pursuant to which the ,commission will-- 7#a7 review each article with respect to which a duty suspension or reduction may be made-- 7,a7 at the initiative of the ,commission2 or 7,b7 pursuant to a petition submitted or referred to the ,commission under subsection 7b72 and 7#b7 submit a draft bill to the appropriate congressional committees under subsection 7d74 7b7 ,petitions 7#a7 ,in general ,as part of the process established under subsection 7a71 the ,commission shall establish procedures under which a petition requesting the ,commission to review a duty suspension or reduction pursuant to that process may be-- 7,a7 submitted to the ,commission by a member of the public2 or 7,b7 referred to the ,commission by a ,member of ,congress4 7#b7 ,requirements ,a petition submitted or referred to the ,commission under paragraph 7#a7 shall be submitted or referred at such time and in such manner and shall include such information as the ,commission may require4 7#c7 ,no preferential treatment for ,members of ,congress ,a petition referred to the ,commission by a ,member of ,congress under subparagraph 7,b7 of paragraph 7#a7 shall receive treatment no more favorable than the treatment received by a petition submitted to the ,commission by a member of the public under subparagraph 7,a7 of that paragraph4 7c7 ,public comments ,as part of the process established under subsection 7a71 the ,commission shall establish procedures for-- 7#a7 notifying the public when the ,commission initiates the process of reviewing articles with respect to which duty suspensions or reductions may be made and distributing information about the process1 including by posting information about the process on the website of the ,commission2 7#b7 except as provided in subsection 7d77#d77;,c71 notifying the public of the duty suspensions and reductions the ,commission is considering including in the draft bill not later than #de days before submitting a draft bill to the appropriate congressional committees under subsection 7d77#a72 and 7#c7 providing the public with an opportunity to submit comments with respect to any of those duty suspensions or reductions4 7d7 ,submission of draft bill 7#a7 ,in general ,the ,commission shall submit to the appropriate congressional committees a draft bill that contains each duty suspension or reduction that the ,commission determines1 pursuant to the process established under subsection 7a7 and after conducting the consultations required by subsection 7e71 meets the requirements described in subsection 7f71 not later than-- 7,a7 the date that is #fj days after the date of the enactment of this ,act2 7,b7 ,february #a1 #bjae2 and 7,c7 ,february #a1 #bjah4 7#b7 ,effective period of duty suspensions and reductions ,duty suspensions and reductions included in a draft bill submitted under paragraph 7#a7 shall be effective for a period of not less than #c years4 7#c7 ,authority to make certain modifications ,in including a duty suspension or reduction the ,commission determines otherwise meets the requirements of subsection 7f7 in a draft bill to be submitted under paragraph 7#a71 the ,commission may-- 7,a7 modify the article description for the duty suspension or reduction-- 7i7 to ensure that ,u4,s4 ,customs and ,border ,protection can administer the duty suspension or reduction2 or 7ii7 to correct a technical deficiency in the article description2 7,b7 modify the duty rate for the duty suspension or reduction so that the estimated loss in revenue to the ,united ,states from the duty suspension or reduction does not exceed the amount specified in subsection 7f77#a77;,b72 or 7,c7 consolidate the duty suspension or reduction with other duplicative or overlapping duty suspensions or reductions4 7#d7 ,special rules for first submission ,for purposes of submitting the draft bill required to be submitted on the date specified in paragraph 7#a77;,a71 the ,commission-- 7,a7 may use the evaluations conducted by the ,commission of bills providing for duty suspensions or reductions introduced in the ,senate or the ,house of ,representatives during the #aabth ,congress2 7,b7 shall be required to include only duty suspensions and reductions with respect to which the ,commission has sufficient time to make a determination under paragraph 7#a7 before the draft bill is required to be submitted2 and 7,c7 shall notify the public of the duty suspensions and reductions the ,commission is considering including in the draft bill not later than #cj days before submitting the draft bill4 7e7 ,consultations ,in determining whether a duty suspension or reduction meets the requirements described in subsection 7f71 the ,commission shall1 not later than #cj days before submitting a draft bill to the appropriate congressional committees under subsection 7d71 conduct consultations with the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection1 the ,secretary of ,commerce1 the ,united ,states ,trade ,representative1 and the heads of other relevant ,federal agencies4 7f7 ,requirements for duty suspensions and reductions 7#a7 ,in general ,a duty suspension or reduction meets the requirements described in this subsection if-- 7,a7 the duty suspension or reduction can be administered by ,u4,s4 ,customs and ,border ,protection2 7,b7 the estimated loss in revenue to the ,united ,states from the duty suspension or reduction does not exceed #ejj1jjj in a calendar year during which the duty suspension or reduction would be in effect2 and 7,c7 on the date on which the ,commission submits a draft bill to the appropriate congressional committees under subsection 7d7 that includes the duty suspension or reduction1 the article to which the duty suspension or reduction would apply is not produced in the ,united ,states and is not expected to be produced in the ,united ,states during the subsequent #ab-month period4 7#b7 ,consideration of relevant information ,in determining whether a duty suspension or reduction meets the requirements described in paragraph 7#a71 the ,commission may consider any information the ,commission considers relevant to the determination4 7#c7 ,judicial review precluded ,a determination of the ,commission with respect to whether or not a duty suspension or reduction meets the requirements described in paragraph 7#a7 shall not be subject to judicial review4 7g7 ,reports required 7#a7 ,in general ,each time the ,commission submits a draft bill under subsection 7d71 the ,commission shall submit to the appropriate congressional committees a report on the duty suspensions and reductions contained in the draft bill that includes-- 7,a7 the views of the head of each agency consulted under subsection 7e72 and 7,b7 any objections received by the ,commission during consultations conducted under subsection 7e7 or through public comments submitted under subsection 7c71 including-- 7i7 objections with respect to duty suspensions or reductions the ,commission included in the draft bill2 and 7ii7 objections that led to the ,commission to determine not to include a duty suspension or reduction in the draft bill4 7#b7 ,initial report on process ,not later than one year after the date of the enactment of this ,act1 the ,commission shall submit to the appropriate congressional committees a report that includes-- 7,a7 an assessment of the effectiveness of the process established under subsection 7a7 and the requirements of this section2 7,b7 to the extent practicable1 a description of the effects of duty suspensions and reductions recommended pursuant to that process on the ,united ,states economy that includes-- 7i7 a broad assessment of the economic effects of such duty suspensions and reductions on producers1 purchasers1 and consumers in the ,united ,states2 and 7ii7 case studies describing such effects by industry or by type of articles1 as available data permits2 7,c7 to the extent practicable1 a comparison of the actual loss in revenue to the ,united ,states resulting from duty suspensions and reductions recommended pursuant to that process to the loss in such revenue estimated during that process1 based on data available at the time of the submission of the report2 7,d7 to the extent practicable1 information on how broadly or narrowly duty suspensions and reductions recommended pursuant to that process were used by importers2 and 7,e7 any recommendations of the ,commission for improving that process and the requirements of this section4 7h7 ,form of draft bill and reports ,each draft bill submitted under subsection 7d7 and each report required by subsection 7g7 shall be-- 7#a7 submitted to the appropriate congressional committees in electronic form2 and 7#b7 made available to the public on the website of the ,commission4 #d4 ,reports on benefits of duty suspensions or reductions to sectors of the ,united ,states economy ,not later than ,january #a1 #bjad1 and annually thereafter1 the ,commission shall submit to the appropriate congressional committees a report that-- 7#a7 makes recommendations with respect to sectors of the ,united ,states economy that could benefit from duty suspensions or reductions without causing harm to other domestic interests2 and 7#b7 assesses the feasibility and advisability of suspending or reducing duties on a sectoral basis rather than on individual articles4