I 
110TH CONGRESS 
2D SESSION 
H. R. 5960 
To amend the Trade Act of 1974 to provide for a limitation on presidential 
discretion with respect to actions to address market disruption. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2008 
Mr. ALTMIRE (for himself and Mr. ENGLISH of Pennsylvania) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committee on Rules, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Trade Act of 1974 to provide for a limitation 
on presidential discretion with respect to actions to ad-
dress market disruption. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Supporting America’s 
Manufacturers Act’’. 
SEC. 2. LIMITATION ON PRESIDENTIAL DISCRETION. 
Section 421 of the Trade Act of 1974 (19 U.S.C. 
2451) is amended— 
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(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 consid-
ered 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 REPRESENTA-
TIVE’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘measure proposed by 
the Trade Representative to be taken pur-
suant to subsection (a)’’ and inserting ‘‘re-
lief recommended by the Commission 
under subsection (f)’’; and 
(ii) by striking ‘‘proposed measure’’ 
and inserting ‘‘recommended relief’’; 
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(C) in paragraph (2), by striking ‘‘on the 
measure proposed by the Trade Representative’’ 
and all that follows to the end period and in-
serting ‘‘, shall transmit a report to the Presi-
dent 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 prompt-
ly make the report available to the public, excluding any 
proprietary or confidential information. The Trade Rep-
resentative 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 ei-
ther group’’ and all that follows to the end pe-
riod and inserting ‘‘shall be considered an af-
firmative 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 
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shall transmit a report on the determinations to the Presi-
dent and the Trade Representative, including the reasons 
for its determinations. If the determinations under para-
graph (1) are affirmative or if the determinations are con-
sidered to be affirmative under paragraph (1), the Com-
mission 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 para-
graph (1) are eligible to vote on the recommended provi-
sional relief to prevent or remedy market disruption. Mem-
bers of the Commission who did not agree to the affirma-
tive 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 ar-
ticle into the United States; or 
‘‘(C) any combination of actions under subpara-
graph (A) or (B). 
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‘‘(4) If the determinations under paragraph (1) are 
affirmative or if the determinations are considered to be 
affirmative under paragraph (1), the Trade Representa-
tive 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 de-
scribed in paragraph (4) from the Trade Representative. 
‘‘(B) Any provisional relief proclaimed by the Presi-
dent 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 insert-
ing the following: 
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‘‘(2) If no agreement is reached with the People’s Re-
public of China pursuant to consultations under para-
graph (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 ‘‘STAND-
ARD FOR PRESIDENTIAL ACTION’’ and inserting 
‘‘TIMING FOR PRESIDENTIAL ACTION; EXCEP-
TIONS’’; 
(B) in paragraph (1), by striking ‘‘a rec-
ommendation from the Trade Representative’’ 
and all that follows to the end period and in-
serting ‘‘a report from the Trade Representa-
tive 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 
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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 provi-
sional 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 pro-
viding relief or provisional relief pursuant to sub-
section (a) or (i) or providing the relief rec-
ommended by the Commission pursuant to sub-
section (a) or (i)— 
‘‘(i) would have an adverse impact on the 
United States economy that clearly and signifi-
cantly outweighs the benefits of such action; or 
‘‘(ii) would cause serious harm to the na-
tional 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 
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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 fol-
lowing 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 pro-
vided 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 de-
cision is transmitted to the Congress pursuant to sub-
section (l). 
‘‘(2) For purposes of this section, the term ‘joint res-
olution’ 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 
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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 
llllll.’, 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 fol-
lowing: 
‘‘(1) Except as provided in paragraph (2), import re-
lief 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 sub-
section (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— 
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(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 ‘‘sub-
section (m)’’ and inserting ‘‘subsection (n)’’. 
Æ 
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