HR 5684 PCS 
(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 
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. 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
(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.— 
(1) IN GENERAL.—The import 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 2–B of the 
Agreement 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. 
(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 of such re-
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
lief at regular intervals during the period in which 
the relief is in effect. 
(d) PERIOD OF RELIEF.— 
(1) IN GENERAL.—Subject to paragraph (2), 
any import relief that the President provides under 
this section may not, in the aggregate, be in effect 
for more than 3 years. 
(2) EXTENSION.— 
(A) IN GENERAL.—If the initial period for 
any import relief provided under this section is 
less than 3 years, the President, after receiving 
a determination from the Commission under 
subparagraph (B) that is affirmative, or which 
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)), may ex-
tend the effective period of any import relief 
provided under this section, subject to the limi-
tation under paragraph (1), if the President de-
termines that— 
(i) the import relief continues to be 
necessary to remedy or prevent serious in-
jury and to facilitate adjustment by the do-
mestic industry to import competition; and 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
(ii) there is evidence that the industry 
is making a positive adjustment to import 
competition. 
(B) ACTION BY COMMISSION.— 
(i) INVESTIGATION.—Upon a petition 
on behalf of the industry concerned that is 
filed with the Commission not earlier than 
the date which is 9 months, and not later 
than the date which is 6 months, before 
the date any action taken under subsection 
(a) is to terminate, the Commission shall 
conduct an investigation to determine 
whether action under this section continues 
to be necessary to remedy or prevent seri-
ous injury and to facilitate adjustment by 
the domestic industry to import competi-
tion and whether there is evidence that the 
industry is making a positive adjustment 
to import competition. 
(ii) 
NOTICE
AND
HEARING.—The 
Commission shall publish notice of the 
commencement of any proceeding under 
this subparagraph in the Federal Register 
and shall, within a reasonable time there-
after, hold a public hearing at which the 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
Commission shall afford interested parties 
and consumers an opportunity to be 
present, to present evidence, and to re-
spond to the presentations of other parties 
and consumers, and otherwise to be heard. 
(iii) REPORT.—The Commission shall 
transmit to the President a report on its 
investigation and determination under this 
subparagraph not later than 60 days be-
fore the action under subsection (a) is to 
terminate, unless the President specifies a 
different date. 
(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 on which 
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 under this subtitle 
after the date on which the Agreement enters into force. 
SEC. 314. TERMINATION OF RELIEF AUTHORITY. 
(a) GENERAL RULE.—Subject to subsection (b), no 
import relief may be provided under this subtitle after the 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
date that is 10 years after the date on which the Agree-
ment enters into force. 
(b) PRESIDENTIAL DETERMINATION.—Import relief 
may be provided under this subtitle in the case of an 
Omani article after the date on which such relief would, 
but for this subsection, terminate under subsection (a), 
if the President determines that Oman 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 (19 U.S.C. 2251 
et seq.). 
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-Oman Free Trade 
Agreement Implementation Act’’. 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
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 a summary of the request 
and the dates by which comments and rebuttals must be 
received. 
SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 
(a) DETERMINATION.— 
(1) IN GENERAL.—If a positive determination is 
made under section 321(b), the President shall de-
termine whether, as a result of the reduction or 
elimination of a duty under the Agreement, an 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
Omani textile or apparel article is being imported 
into the United States in such increased quantities, 
in absolute terms or relative to the domestic market 
for that article, and under such conditions as to 
cause serious 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-
porting a determination of serious damage or 
actual threat thereof. 
(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-
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
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 to import competition. 
(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 an in-
crease in the rate of duty imposed on the article to 
a level that does not exceed the lesser of— 
(A) the column 1 general rate of duty im-
posed under the HTS on like articles at the 
time the import relief is provided; or 
(B) the column 1 general rate of duty im-
posed under the HTS on like articles on the 
day before the date on which the Agreement en-
ters into force. 
SEC. 323. PERIOD OF RELIEF. 
(a) IN GENERAL.—Subject to subsection (b), any im-
port relief that the President provides under subsection 
(b) of section 322 may not, in the aggregate, be in effect 
for more than 3 years. 
(b) EXTENSION.—If the initial period for any import 
relief provided under section 322 is less than 3 years, the 
President may extend the effective period of any import 
relief provided under that section, subject to the limitation 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
set forth in subsection (a), if the President determines 
that— 
(1) the import relief continues to be necessary 
to remedy or prevent serious damage and to facili-
tate adjustment by the domestic industry to import 
competition; and 
(2) there is evidence that the industry is mak-
ing a positive adjustment to import competition. 
SEC. 324. ARTICLES EXEMPT FROM RELIEF. 
The President may not provide import relief under 
this subtitle with respect to any article if— 
(1) the article has been subject to import relief 
under this subtitle after the date on which the 
Agreement enters into force; or 
(2) the article is subject to import relief under 
chapter 1 of title II of the Trade Act of 1974 (19 
U.S.C. 2251 et seq.). 
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 on which the relief 
terminates. 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
SEC. 326. TERMINATION OF RELIEF AUTHORITY. 
No import relief may be provided under this subtitle 
with respect to any article after the date that is 10 years 
after the date on which duties on the article are eliminated 
pursuant to 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. CONFIDENTIAL BUSINESS INFORMATION. 
The President may not release information that is 
submitted in a proceeding under this subtitle and that the 
President considers to be confidential business informa-
tion unless the party submitting the confidential business 
information had notice, at the time of submission, that 
such information would be released, or such party subse-
quently consents to the release of the information. To the 
extent a party submits confidential business information 
to the President in a proceeding under this subtitle, the 
party shall also submit a nonconfidential version of the 
information, in which the confidential business informa-
tion is summarized or, if necessary, deleted. 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
HR 5684 PCS 
TITLE IV—PROCUREMENT 
SEC. 401. ELIGIBLE PRODUCTS. 
Section 308(4)(A) of the Trade Agreements Act of 
1979 (19 U.S.C. 2518(4)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (iv); 
(2) by striking the period at the end of clause 
(v) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(vi) a party to the United States- 
Oman Free Trade Agreement, a product or 
service of that country or instrumentality 
which is covered under that Agreement for 
procurement by the United States.’’. 
Passed the House of Representatives July 20, 2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS
Calendar No. 565 
109TH CONGRESS 
2D SESSION 
H. R. 5684 
AN ACT 
To implement the United States-Oman Free Trade 
Agreement. 
AUGUST 1, 2006 
Read twice and placed on the calendar 
VerDate Aug 31 2005 
00:18 Aug 02, 2006
Jkt 049200
PO 00000
Frm 00050
Fmt 6651
Sfmt 6651
E:\BILLS\H5684.PCS
H5684
ycherry on PROD1PC64 with BILLS