II 109th CONGRESS 2d Session S. 2 IN THE SENATE OF THE UNITED STATES December 8, 2006 Ms. Snowe introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To make determinations by the United States Trade Representative under title III of the Trade Act of 1974 reviewable by the Court of International Trade and to ensure that the United States Trade Representative considers petitions to enforce United States trade rights, and for other purposes.

1.

Short title

This Act may be cited as the Trade Complaint and Litigation Accountability Improvement Measures Act or the Trade CLAIM Act.

2.

Review of determinations of the United States Trade Representative by the Court of International Trade

Section 1581 of title 28, United States Code, is amended— (a)in subsection (i)— (1)in the matter preceding paragraph (1), by striking subsections (a)–(h) and inserting subsections (a)–(h) and (k); and (2)in paragraph (4), by striking subsections (a)–(h) and inserting subsections (a)–(h) and (k); and (b)by adding at the end the following: (k)The Court of International Trade shall have exclusive jurisdiction of any civil action commenced by a petitioner requesting that the United States Trade Representative take action under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) to review de novo any determination or action of the United States Trade Representative under section 301(a), 302(a)(2), 304(a)(1), 305(a)(2)(A)(ii), 306(b), or 307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2411(a), 2412(a)(2), 2414(a)(1), 2415(a)(2)(A)(ii), 2416(b), or 2417(a)(1)). .

3.

Consideration by the United States Trade Representative of petitions to enforce United States trade rights

(a)

Actions by United States Trade Representative

Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended— (1)in subsection (a)— (A)in paragraph (1) in the flush text at the end, by striking , subject to the specific direction, if any, of the President regarding any such action,; and (B)in paragraph (2)— (i)in the matter preceding subparagraph (A), by striking in any case in which and inserting if; (ii)in subparagraph (A)(ii)(II), by striking ; or and inserting a semicolon; and (iii)by striking subparagraph (B) and inserting the following: (B)the foreign country has— (i)agreed to imminently eliminate the act, policy, or practice, or (ii)agreed to a solution to imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice; (C)the Trade Representative finds that it is impossible for the foreign country to achieve the results described in subparagraph (B), but the foreign country agrees to provide to the United States compensatory trade benefits that are equivalent in value to the burden or restriction on United States commerce resulting from the acts, policy, or practice; (D)in extraordinary cases, the Trade Representative finds that the taking of action under this subsection would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action, taking into account the impact of not taking such action on the credibility of the provisions of this chapter; or (E)the Trade Representative finds that the taking of action under this subsection would cause serious harm to the national security of the United States. ; and (2)in subsection (c)(1)(D)— (A)by amending clauses (i) and (ii) to read as follows: (i)imminently eliminate the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b), (ii)imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice, ; and (B)by amending subclause (I) of clause (iii) to read as follows: (I)are equivalent in value to the burden or restriction on United States commerce resulting from the act, policy, or practice, and . (b)

Initiation of investigations

Section 302 of the Trade Act of 1974 (19 U.S.C. 2412) is amended— (1)in subsection (a)(2), by striking the period and inserting based on whether the petitioner has alleged facts that, if assumed to be true, would meet the criteria set forth in section 301(a)(1).; and (2)in subsection (c), by striking (a) or. (c)

Consultations

Section 303 of the Trade Act of 1974 (19 U.S.C. 2413) is amended— (1)in subsection (a)(2), by striking mutually acceptable resolution and inserting resolution acceptable to the Trade Representative, the foreign country, and the petitioner (if any); and (2)in subsection (b)(1)(A), by striking after consulting with and inserting with the consent of. (d)

Implementation of actions

Section 305(a)(1) of the Trade Act of 1974 (19 U.S.C. 2415(a)(1)) is amended by striking , subject to the specific direction, if any, of the President regarding any such action,. (e)

Monitoring of foreign compliance

Section 306(b) of the Trade Act of 1974 (19 U.S.C. 2416(b)) is amended— (1)in paragraph (1), by striking the Trade Representative considers and inserting the Trade Representative or the petitioner (if any) considers; and (2)in paragraph (2)(A), by striking the Trade Representative considers and inserting the Trade Representative or the petitioner (if any) considers. (f)

Modification and termination of action

Section 307(a)(1) of the Trade Act of 1974 (19 U.S.C. 2417(a)(1)) is amended by striking , subject to the specific direction, if any, of the President with respect to such action,.