‘‘(B) In making a recommendation to the President 
under subparagraph (A), the Trade Representative shall 
consider the facts found, or conclusions drawn, by the 
Commission as they are reported to the Trade Representa-
tive, and the Trade Representative may not conduct an 
additional review or reconsideration of the facts found or 
conclusions reached by the Commission. 
‘‘(C) If the Commission in its report makes an af-
firmative finding of market disruption, the Trade Rep-
resentative shall apply a presumption in favor of relief to 
prevent or remedy the market disruption. 
‘‘(D) The following factors may not be used as the 
basis of a recommendation by the Trade Representative 
to recommend denying relief under this section: 
‘‘(i) The presence or absence (whether actual or 
potential) of third-country imports of the product 
under investigation. 
‘‘(ii) Any results of the econometric model 
known as the Commercial Policy Analysis System 
(COMPAS) or equivalent model.’’. 
(b) AMENDMENTS TO STANDARD FOR PRESIDENTIAL 
ACTION.—Section 421(k) of the Trade Act of 1974 (19 
U.S.C. 2451(k)) is amended by adding at the end the fol-
lowing:
‘‘(3) The President’s determination shall be based on 
the facts found, or conclusions drawn, by the Commission 
as they are reported to the Trade Representative under 
subsection (g). 
‘‘(4) If the Commission in its report makes an affirm-
ative finding of market disruption, the President shall 
apply a presumption in favor of relief to prevent or remedy 
the market disruption. 
‘‘(5) Any determination by the President under para-
graph (1) that providing import relief is not in the na-
tional economic interest of the United States may not be 
based on the following factors: 
‘‘(A) The presence or absence (whether actual 
or potential) of third-country imports of the product 
under investigation. 
‘‘(B) Any results of the econometric model 
known as the Commercial Policy Analysis System 
(COMPAS) or equivalent model.’’. 
SEC. 6. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
(a) IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES.—Section 310 of the Trade Act of 1974 is amended 
to read as follows:
‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
‘‘(a) IDENTIFICATION.—
‘‘(1) IDENTIFICATION AND REPORT.—Within 30 
days after the submission in each calendar year of 
the report required by section 181(b), the Trade 
Representative shall—
‘‘(A) review United States trade expansion 
priorities; 
‘‘(B) identify priority foreign country prac-
tices, the elimination of which is likely to have 
the most significant potential to increase 
United States exports, either directly or 
through the establishment of a beneficial prece-
dent; and 
‘‘(C) submit to the Committee on Finance 
of the Senate and the Committee on Ways and 
Means of the House of Representatives and 
publish in the Federal Register a report on the 
priority foreign country practices so identified. 
‘‘(2) FACTORS.—In identifying priority foreign 
country practices under paragraph (1), the Trade 
Representative shall take into account all relevant 
factors, including—
‘‘(A) the major barriers and trade dis-
torting practices described in the National
Trade Estimate Report required under section 
181(b); 
‘‘(B) the trade agreements to which a for-
eign country is a party and its compliance with 
those agreements; 
‘‘(C) the medium- and long-term implica-
tions of foreign government procurement plans; 
and 
‘‘(D) the international competitive position 
and export potential of United States products 
and services. 
‘‘(3) CONTENTS OF REPORT.—The Trade Rep-
resentative may include in the report, if appro-
priate—
‘‘(A) a description of foreign country prac-
tices that may in the future warrant identifica-
tion as priority foreign country practices; and 
‘‘(B) a statement about other foreign coun-
try practices that were not identified because 
they are already being addressed by provisions 
of United States trade law, by existing bilateral 
trade agreements, or as part of trade negotia-
tions with other countries, and because progress 
is being made toward the elimination of such 
practices.
‘‘(b) INITIATION OF CONSULTATIONS.—By no later 
than the date that is 21 days after the date on which a 
report is submitted to the appropriate congressional com-
mittees under subsection (a)(1), the Trade Representative 
shall seek consultations with each foreign country identi-
fied in the report as engaging in priority foreign country 
practices for the purpose of reaching a satisfactory resolu-
tion of such priority practices. 
‘‘(c) INITIATION OF INVESTIGATION.—If a satisfac-
tory resolution of priority foreign country practices has 
not been reached under subsection (b) within 90 days after 
the date on which a report is submitted to the appropriate 
congressional committees under subsection (a)(1), the 
Trade 
Representative 
shall 
initiate 
under 
section 
302(b)(1) an investigation under this chapter with respect 
to such priority foreign country practices. 
‘‘(d) AGREEMENTS FOR THE ELIMINATION OF BAR-
RIERS.—In the consultations with a foreign country that 
the Trade Representative is required to request under sec-
tion 303(a) with respect to an investigation initiated by 
reason of subsection (c), the Trade Representative shall 
seek to negotiate an agreement that provides for the elimi-
nation of the practices that are the subject of the inves-
tigation as quickly as possible or, if elimination of the
practices is not feasible, an agreement that provides for 
compensatory trade benefits. 
‘‘(e) REPORTS.—The Trade Representative shall in-
clude in the semiannual report required by section 309 
a report on the status of any investigations initiated pur-
suant to subsection (c) and, where appropriate, the extent 
to which such investigations have led to increased opportu-
nities for the export of products and services of the United 
States.’’. 
(b) INITIAL REPORT ON CHINESE PRACTICES.—Not 
later than 90 days after the date of the enactment of this 
Act, the United States Trade Representative shall iden-
tify, and report to the Congress on, priority foreign trade 
practices of the People’s Republic of China, in accordance 
with section 310 of the Trade Act of 1974, as amended 
by subsection (a) of this section. 
(c) CONFORMING AMENDMENT.—The item relating 
to section 310 in the table of contents of the Trade Act 
of 1974 is amended to read as follows:
‘‘Sec. 310. Identification of trade expansion priorities.’’.
SEC. 7. REQUIREMENT OF CASH DEPOSITS. 
Section 751(a)(1)(B) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(2)(B)) is amended—
(1) by striking clause (iii); and 
(2) by redesignating clause (iv) as clause (iii).