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(9) NONORIGINATING
MATERIAL.—The term 
‘‘nonoriginating material’’ means a material that 
does not qualify as an originating good under the 
rules set out in this section. 
(10) PREFERENTIAL
TARIFF
TREATMENT.—
The term ‘‘preferential tariff treatment’’ means the 
customs duty rate that is applicable to an origi-
nating good pursuant to chapter 2 of the Agree-
ment. 
(11) PRODUCER.—The term ‘‘producer’’ means 
a person who grows, raises, mines, harvests, fishes, 
traps, hunts, manufactures, processes, assembles, or 
disassembles a good. 
(12) PRODUCTION.—The term ‘‘production’’ 
means growing, mining, harvesting, fishing, raising, 
trapping, hunting, manufacturing, processing, as-
sembling, or disassembling a good. 
(13) RECOVERED GOODS.—
(A) IN
GENERAL.—The term ‘‘recovered 
goods’’ means materials in the form of indi-
vidual parts that are the result of—
(i) the complete disassembly of used 
goods into individual parts; and
(ii) the cleaning, inspecting, testing, 
or other processing of those parts as nec-
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essary for improvement to sound working 
condition by one or more of the processes 
described in subparagraph (B), in order 
for such parts to be assembled with other 
parts, including other parts that have un-
dergone the processes described in this 
paragraph, in the production of a remanu-
factured good described in Annex 3C of 
the Agreement. 
(B) PROCESSES.—The processes referred 
to in subparagraph (A)(ii) are welding, flame 
spraying, surface machining, knurling, plating, 
sleeving, and rewinding. 
(14) REMANUFACTURED GOOD.—The term ‘‘re-
manufactured good’’ means an industrial good as-
sembled in the territory of Singapore or the United 
States, that is listed in Annex 3C of the Agreement, 
and—
(A) is entirely or partially comprised of re-
covered goods; 
(B) has the same life expectancy and 
meets the same performance standards as a 
new good; and 
(C) enjoys the same factory warranty as 
such a new good.
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(15) TERRITORY.—The term ‘‘territory’’ has 
the meaning given that term in Annex 1A of the 
Agreement. 
(16) USED.—The term ‘‘used’’ means used or 
consumed in the production of goods. 
(o) PRESIDENTIAL PROCLAMATION AUTHORITY.—
(1) IN GENERAL.—The President is authorized 
to proclaim, as part of the HTS—
(A) the provisions set out in Annexes 3A, 
3B, and 3C of the Agreement; and 
(B) any additional subordinate category 
necessary to carry out this title consistent with 
the Agreement. 
(2) MODIFICATIONS.—
(A) IN GENERAL.—Subject to the consulta-
tion and layover provisions of section 103(a), 
the President may proclaim modifications to the 
provisions proclaimed under the authority of 
paragraph (1)(A), other than—
(i) the provisions of Annex 3B of the 
Agreement; and 
(ii) provisions of chapters 50 through 
63 of the HTS, as included in Annex 3A 
of the Agreement.
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(B) ADDITIONAL
PROCLAMATIONS.—Not-
withstanding subparagraph (A), and subject to 
the consultation and layover provisions of sec-
tion 103(a), the President may proclaim—
(i) modifications to the provisions pro-
claimed under the authority of paragraph 
(1)(A) that are necessary to implement an 
agreement with Singapore pursuant to ar-
ticle 3.18.4(c) of the Agreement; and 
(ii) before the 1st anniversary of the 
date of enactment of this Act, modifica-
tions to correct any typographical, clerical, 
or other nonsubstantive technical error re-
garding the provisions of chapters 50 
through 63 of the HTS, as included in 
Annex 3A of the Agreement. 
SEC. 203. CUSTOMS USER FEES. 
Section 13031(b) of the Consolidated Omnibus Budg-
et Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is 
amended by inserting after paragraph (12) the following: 
‘‘(13) No fee may be charged under subsection 
(a) (9) or (10) with respect to goods that qualify as 
originating goods under section 202 of the United 
States-Singapore Free Trade Agreement Implemen-
tation Act. Any service for which an exemption from
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such fee is provided by reason of this paragraph may 
not be funded with money contained in the Customs 
User Fee Account.’’. 
SEC. 204. DISCLOSURE OF INCORRECT INFORMATION. 
Section 592(c) of the Tariff Act of 1930 (19 U.S.C. 
1592(c)) is amended—
(1) by redesignating paragraph (7) as para-
graph (8); and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph: 
‘‘(7) PRIOR
DISCLOSURE
REGARDING
CLAIMS 
UNDER
THE
UNITED
STATES-SINGAPORE
FREE 
TRADE AGREEMENT.—
‘‘(A) An importer shall not be subject to 
penalties under subsection (a) for making an 
incorrect claim that a good qualifies as an origi-
nating good under section 202 of the United 
States-Singapore Free Trade Agreement Imple-
mentation Act if the importer, in accordance 
with regulations issued by the Secretary of the 
Treasury, voluntarily and promptly makes a 
corrected declaration and pays any duties 
owing. 
‘‘(B) In the regulations referred to in sub-
paragraph (A), the Secretary of the Treasury is
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authorized to prescribe time periods for making 
a corrected declaration and paying duties owing 
under subparagraph (A), if such periods are not 
shorter than 1 year following the date on which 
the importer makes the incorrect claim that a 
good qualifies as an originating good.’’. 
SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE 
AND APPAREL GOODS. 
(a) DENIAL OF PERMISSION TO CONDUCT SITE VIS-
ITS.—
(1) IN GENERAL.—Subject to paragraph (2), if 
the Secretary of the Treasury proposes to conduct a 
site visit at an enterprise registered under article 5.3 
of the Agreement, and responsible officials of the en-
terprise do not consent to the proposed visit, the 
President may exclude from the customs territory of 
the United States textile and apparel goods pro-
duced or exported by that enterprise. 
(2) TERMINATION OF EXCLUSION.—An exclu-
sion of textile and apparel goods produced or ex-
ported by an enterprise under paragraph (1) shall 
terminate when the President determines that the 
enterprise’s production of, and capability to produce, 
the goods are consistent with statements by the en-
terprise that textile or apparel goods the enterprise
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(d) DEFINITIONS.—In this section: 
(1) GENERAL DEFINITIONS.—The terms ‘‘cir-
cumvention’’, ‘‘preferential tariff treatment’’, ‘‘prin-
cipal’’, and ‘‘textile and apparel goods’’ have the 
meanings given such terms in chapter 5 of the 
Agreement. 
(2) ENTERPRISE.—The term ‘‘enterprise’’ has 
the meaning given that term in article 1.2.3 of the 
Agreement. 
SEC. 206. REGULATIONS. 
The Secretary of the Treasury shall prescribe such 
regulations as may be necessary to carry out—
(1) subsections (a) through (n) of section 202, 
and section 203; 
(2) amendments made by the sections referred 
to in paragraph (1); and 
(3) proclamations issued under section 202(o). 
TITLE III—RELIEF FROM 
IMPORTS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the United States International Trade Com-
mission.
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(2) SINGAPOREAN ARTICLE.—The term ‘‘Singa-
porean article’’ means an article that qualifies as an 
originating good under section 202(a) of this Act. 
(3) SINGAPOREAN TEXTILE OR APPAREL ARTI-
CLE.—The term ‘‘Singaporean textile or apparel ar-
ticle’’ means an article—
(A) that is listed in the Annex to the 
Agreement on Textiles and Clothing referred to 
in section 101(d)(4) of the Uruguay Round 
Agreements Act (19 U.S.C. 3511(d)(4)); and 
(B) that is a Singaporean article. 
Subtitle A—Relief From Imports 
Benefiting From the Agreement 
SEC. 311. COMMENCING OF ACTION FOR RELIEF. 
(a) FILING OF PETITION.—
(1) IN GENERAL.—A petition requesting action 
under this subtitle for the purpose of adjusting to 
the obligations of the United States under the 
Agreement may be filed with the Commission by an 
entity, including a trade association, firm, certified 
or recognized union, or group of workers, that is 
representative of an industry. The Commission shall 
transmit a copy of any petition filed under this sub-
section to the United States Trade Representative.
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(2) PROVISIONAL RELIEF.—An entity filing a 
petition under this subsection may request that pro-
visional relief be provided as if the petition had been 
filed under section 202(a) of the Trade Act of 1974 
(19 U.S.C. 2252(a)). 
(3) CRITICAL CIRCUMSTANCES.—Any allegation 
that critical circumstances exist shall be included in 
the petition. 
(b) INVESTIGATION
AND DETERMINATION.—Upon 
the filing of a petition under subsection (a), the Commis-
sion, unless subsection (d) applies, shall promptly initiate 
an investigation to determine whether, as a result of the 
reduction or elimination of a duty provided for under the 
Agreement, a Singaporean article is being imported into 
the United States in such increased quantities, in absolute 
terms or relative to domestic production, and under such 
conditions that imports of the Singaporean article con-
stitute a substantial cause of serious injury or threat 
thereof to the domestic industry producing an article that 
is like, or directly competitive with, the imported article. 
(c) APPLICABLE PROVISIONS.—The following provi-
sions of section 202 of the Trade Act of 1974 (19 U.S.C. 
2252) apply with respect to any investigation initiated 
under subsection (b):
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(1) Paragraphs (1)(B) and (3) of subsection 
(b). 
(2) Subsection (c). 
(3) Subsection (d). 
(4) Subsection (i). 
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No 
investigation may be initiated under this section with re-
spect to any Singaporean article if, after the date that the 
Agreement enters into force, import relief has been pro-
vided with respect to that Singaporean article under—
(1) this subtitle; 
(2) subtitle B; 
(3) chapter 1 of title II of the Trade Act of 
1974; 
(4) article 6 of the Agreement on Textiles and 
Clothing referred to in section 101(d)(4) of the Uru-
guay 
Round 
Agreements 
Act 
(19 
U.S.C. 
3511(d)(4)); or 
(5) article 5 of the Agreement on Agriculture 
referred to in section 101(d)(2) of the Uruguay 
Round Agreements Act (19 U.S.C. 3511(d)(2)). 
SEC. 312. COMMISSION ACTION ON PETITION. 
(a) DETERMINATION.—Not later than 120 days (180 
days if critical circumstances have been alleged) after the 
date on which an investigation is initiated under section
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311(b) with respect to a petition, the Commission shall 
make the determination required under that section. 
(b) APPLICABLE PROVISIONS.—For purposes of this 
subtitle, the provisions of paragraphs (1), (2), and (3) of 
section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d) (1), (2), and (3)) shall be applied with respect 
to determinations and findings made under this section 
as if such determinations and findings were made under 
section 202 of the Trade Act of 1974 (19 U.S.C. 2252). 
(c) ADDITIONAL FINDING AND RECOMMENDATION IF 
DETERMINATION AFFIRMATIVE.—If the determination 
made by the Commission under subsection (a) with respect 
to imports of an article is affirmative, or if the President 
may consider a determination of the Commission to be an 
affirmative determination as provided for under paragraph 
(1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d)), the Commission shall find, and recommend to 
the President in the report required under subsection (d), 
the amount of import relief that is necessary to remedy 
or prevent the injury found by the Commission in the de-
termination and to facilitate the efforts of the domestic 
industry to make a positive adjustment to import competi-
tion. The import relief recommended by the Commission 
under this subsection shall be limited to the relief de-
scribed in section 313(c). Only those members of the Com-
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mission who voted in the affirmative under subsection (a) 
are eligible to vote on the proposed action to remedy or 
prevent the injury found by the Commission. Members of 
the Commission who did not vote in the affirmative may 
submit, in the report required under subsection (d), sepa-
rate views regarding what action, if any, should be taken 
to remedy or prevent the injury. 
(d) REPORT TO PRESIDENT.—Not later than the 
date that is 30 days after the date on which a determina-
tion is made under subsection (a) with respect to an inves-
tigation, the Commission shall submit to the President a 
report that includes—
(1) the determination made under subsection 
(a) and an explanation of the basis for the deter-
mination; 
(2) if the determination under subsection (a) is 
affirmative, any findings and recommendations for 
import relief made under subsection (c) and an ex-
planation of the basis for each recommendation; and 
(3) any dissenting or separate views by mem-
bers of the Commission regarding the determination 
and recommendation referred to in paragraphs (1) 
and (2). 
(e) PUBLIC NOTICE.—Upon submitting a report to 
the President under subsection (d), the Commission shall
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promptly make public such report (with the exception of 
information which the Commission determines to be con-
fidential) and shall cause a summary thereof to be pub-
lished in the Federal Register. 
SEC. 313. PROVISION OF RELIEF. 
(a) IN GENERAL.—Not later than the date that is 
30 days after the date on which the President receives the 
report of the Commission in which the Commission’s de-
termination under section 312(a) is affirmative, or which 
contains a determination under section 312(a) that the 
President considers to be affirmative under paragraph (1) 
of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d)(1)), the President, subject to subsection (b), shall 
provide relief from imports of the article that is the subject 
of such determination to the extent that the President de-
termines necessary to remedy or prevent the injury found 
by the Commission and to facilitate the efforts of the do-
mestic industry to make a positive adjustment to import 
competition. 
(b) EXCEPTION.—The President is not required to 
provide import relief under this section if the President 
determines that the provision of the import relief will not 
provide greater economic and social benefits than costs. 
(c) NATURE OF RELIEF.—
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(1) IN GENERAL.—The import relief (including 
provisional relief) that the President is authorized to 
provide under this section with respect to imports of 
an article is as follows: 
(A) The suspension of any further reduc-
tion provided for under Annex 2B of the Agree-
ment in the duty imposed on such article. 
(B) An increase in the rate of duty im-
posed on such article to a level that does not 
exceed the lesser of—
(i) the column 1 general rate of duty 
imposed under the HTS on like articles at 
the time the import relief is provided; or 
(ii) the column 1 general rate of duty 
imposed under the HTS on like articles on 
the day before the date on which the 
Agreement enters into force. 
(C) In the case of a duty applied on a sea-
sonal basis to such article, an increase in the 
rate of duty imposed on the article to a level 
that does not exceed the lesser of—
(i) the column 1 general rate of duty 
imposed under the HTS on like articles for 
the immediately preceding corresponding 
season; or
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(ii) the column 1 general rate of duty 
imposed under the HTS on like articles on 
the day before the date on which the 
Agreement enters into force. 
(2) PROGRESSIVE LIBERALIZATION.—If the pe-
riod for which import relief is provided under this 
section is greater than 1 year, the President shall 
provide for the progressive liberalization (described 
in article 7.28 of the Agreement) of such relief at 
regular intervals during the period of its application. 
(d) PERIOD OF RELIEF.—
(1) IN GENERAL.—Subject to paragraph (2), 
the import relief that the President is authorized to 
provide under this section may not exceed 2 years. 
(2) EXTENSION.—
(A) IN
GENERAL.—Subject to subpara-
graph (C), the President, after receiving an af-
firmative determination from the Commission 
under subparagraph (B), may extend the effec-
tive period of any import relief provided under 
this section if the President determines that—
(i) the import relief continues to be 
necessary to prevent or remedy serious in-
jury and to facilitate adjustment; and
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(ii) there is evidence that the industry 
is making a positive adjustment to import 
competition. 
(B) ACTION BY COMMISSION.—
(i) Upon a petition on behalf of the 
industry concerned, filed with the Commis-
sion not earlier than the date which is 9 
months, and not later than the date which 
is 6 months, before the date on which any 
action taken under subsection (a) is to ter-
minate, the Commission shall conduct an 
investigation to determine whether action 
under this section continues to be nec-
essary to remedy or prevent serious injury 
and whether there is evidence that the in-
dustry is making a positive adjustment to 
import competition. 
(ii) The Commission shall publish no-
tice of the commencement of any pro-
ceeding under this subparagraph in the 
Federal Register and shall, within a rea-
sonable time thereafter, hold a public hear-
ing at which the Commission shall afford 
interested parties and consumers an oppor-
tunity to be present, to present evidence,
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and to respond to the presentations of 
other parties and consumers, and other-
wise to be heard. 
(iii) The Commission shall transmit to 
the President a report on its investigation 
and determination under this subpara-
graph not later than 60 days before the ac-
tion under subsection (a) is to terminate, 
unless the President specifies a different 
date. 
(C) PERIOD OF IMPORT RELIEF.—The ef-
fective period of any import relief imposed 
under this section, including any extensions 
thereof, may not, in the aggregate, exceed 4 
years. 
(e) RATE AFTER TERMINATION
OF IMPORT RE-
LIEF.—When import relief under this section is termi-
nated with respect to an article, the rate of duty on that 
article shall be the rate that would have been in effect, 
but for the provision of such relief, on the date the relief 
terminates. 
(f) ARTICLES EXEMPT FROM RELIEF.—No import 
relief may be provided under this section on any article 
that has been subject to import relief, after the entry into 
force of the Agreement, under—
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(1) this subtitle; 
(2) subtitle B; 
(3) chapter 1 of title II of the Trade Act of 
1974; 
(4) article 6 of the Agreement on Textiles and 
Clothing referred to in section 101(d)(4) of the Uru-
guay 
Round 
Agreements 
Act 
(19 
U.S.C. 
3511(d)(4)); or 
(5) article 5 of the Agreement on Agriculture 
referred to in section 101(d)(2) of the Uruguay 
Round Agreements Act (19 U.S.C. 3511(d)(2)). 
SEC. 314. TERMINATION OF RELIEF AUTHORITY. 
(a) GENERAL RULE.—No import relief may be pro-
vided under this subtitle after the date that is 10 years 
after the date on which the Agreement enters into force. 
(b) EXCEPTION.—Import relief may be provided 
under this subtitle in the case of a Singaporean article 
after the date on which such relief would, but for this sub-
section, terminate under subsection (a), if the President 
determines that Singapore has consented to such relief. 
SEC. 315. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under section 313 shall be treated as action taken 
under chapter 1 of title II of such Act.
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SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 
Section 202(a)(8) of the Trade Act of 1974 (19 
U.S.C. 2252(a)(8)) is amended in the first sentence—
(1) by striking ‘‘and’’; and 
(2) by inserting before the period at the end ‘‘, 
and title III of the United States-Singapore Free 
Trade Agreement Implementation Act’’. 
Subtitle B—Textile and Apparel 
Safeguard Measures 
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 
(a) IN GENERAL.—A request under this subtitle for 
the purpose of adjusting to the obligations of the United 
States under the Agreement may be filed with the Presi-
dent by an interested party. Upon the filing of a request, 
the President shall review the request to determine, from 
information presented in the request, whether to com-
mence consideration of the request. 
(b) PUBLICATION OF REQUEST.—If the President de-
termines that the request under subsection (a) provides 
the information necessary for the request to be considered, 
the President shall cause to be published in the Federal 
Register a notice of commencement of consideration of the 
request, and notice seeking public comments regarding the 
request. The notice shall include the request and the dates 
by which comments and rebuttals must be received.
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SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 
(a) DETERMINATION.—
(1) IN GENERAL.—Pursuant to a request made 
by an interested party, the President shall determine 
whether, as a result of the reduction or elimination 
of a duty under the Agreement, a Singaporean tex-
tile or apparel article is being imported into the 
United States in such increased quantities, in abso-
lute terms or relative to the domestic market for 
that article, and under such conditions that imports 
of the article constitute a substantial cause of seri-
ous damage, or actual threat thereof, to a domestic 
industry producing an article that is like, or directly 
competitive with, the imported article. 
(2) SERIOUS
DAMAGE.—In making a deter-
mination under paragraph (1), the President—
(A) shall examine the effect of increased 
imports on the domestic industry, as reflected 
in changes in such relevant economic factors as 
output, productivity, utilization of capacity, in-
ventories, market share, exports, wages, em-
ployment, domestic prices, profits, and invest-
ment, none of which is necessarily decisive; and 
(B) shall not consider changes in tech-
nology or consumer preference as factors sup-
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porting a determination of serious damage or 
actual threat thereof. 
(3) SUBSTANTIAL CAUSE.—For purposes of this 
subsection, the term ‘‘substantial cause’’ means a 
cause that is important and not less than any other 
cause. 
(b) PROVISION OF RELIEF.—
(1) IN
GENERAL.—If a determination under 
subsection (a) is affirmative, the President may pro-
vide relief from imports of the article that is the 
subject of such determination, as described in para-
graph (2), to the extent that the President deter-
mines necessary to remedy or prevent the serious 
damage and to facilitate adjustment by the domestic 
industry. 
(2) NATURE OF RELIEF.—The relief that the 
President is authorized to provide under this sub-
section with respect to imports of an article is—
(A) the suspension of any further reduc-
tion provided for under Annex 2B of the Agree-
ment in the duty imposed on the article; or 
(B) an increase in the rate of duty im-
posed on the article to a level that does not ex-
ceed the lesser of—
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(i) the column 1 general rate of duty 
imposed under the HTS on like articles at 
the time the import relief is provided; or 
(ii) the column 1 general rate of duty 
imposed under the HTS on like articles on 
the day before the date on which the 
Agreement enters into force. 
SEC. 323. PERIOD OF RELIEF. 
(a) IN GENERAL.—Subject to subsection (b), the im-
port relief that the President is authorized to provide 
under section 322 may not exceed 2 years. 
(b) EXTENSION.—
(1) IN GENERAL.—Subject to paragraph (2), 
the President may extend the effective period of any 
import relief provided under this subtitle if the 
President determines that—
(A) the import relief continues to be nec-
essary to remedy or prevent serious damage 
and to facilitate adjustment; and 
(B) there is evidence that the industry is 
making a positive adjustment to import com-
petition. 
(2) LIMITATION.—The effective period of any 
action under this subtitle, including any extensions 
thereof, may not, in the aggregate, exceed 4 years.
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SEC. 324. ARTICLES EXEMPT FROM RELIEF. 
The President may not provide import relief under 
this subtitle with respect to any article if import relief pre-
viously has been provided under this subtitle with respect 
to that article. 
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. 
When import relief under this subtitle is terminated 
with respect to an article, the rate of duty on that article 
shall be the rate that would have been in effect, but for 
the provision of such relief, on the date the relief termi-
nates. 
SEC. 326. TERMINATION OF RELIEF AUTHORITY. 
No import relief may be provided under this subtitle 
with respect to an article after the date that is 10 years 
after the date on which the provisions of the Agreement 
relating to trade in textile and apparel goods take effect 
pursuant to article 5.10 of the Agreement. 
SEC. 327. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under this subtitle shall be treated as action taken 
under chapter 1 of title II of such Act. 
SEC. 328. BUSINESS CONFIDENTIAL INFORMATION. 
The President may not release information which the 
President considers to be confidential business informa-
tion unless the party submitting the confidential business
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information had notice, at the time of submission, that 
such information would be released by the President, or 
such party subsequently consents to the release of the in-
formation. To the extent business confidential information 
is provided, a nonconfidential version of the information 
shall also be provided, in which the business confidential 
information is summarized or, if necessary, deleted. 
Subtitle C—Cases Under Title II of 
the Trade Act of 1974
SEC. 331. FINDINGS AND ACTION ON GOODS FROM SINGA-
PORE. 
(a) EFFECT OF IMPORTS.—If, in any investigation 
initiated under chapter 1 of title II of the Trade Act of 
1974, the Commission makes an affirmative determination 
(or a determination which the President may treat as an 
affirmative determination under such chapter by reason 
of section 330(d) of the Tariff Act of 1930), the Commis-
sion shall also find (and report to the President at the 
time such injury determination is submitted to the Presi-
dent) whether imports of the article from Singapore are 
a substantial cause of serious injury or threat thereof. 
(b) PRESIDENTIAL
DETERMINATION
REGARDING 
SINGAPOREAN IMPORTS.—In determining the nature and 
extent of action to be taken under chapter 1 of title II 
of the Trade Act of 1974, the President shall determine