S.Amdt. 911

1. Adds SEC. __. TRADE COMPLAINT AND LITIGATION ACCOUNTABILITY IMPROVEMENT wherever appropriate

   Adds a section

   Inserted: SEC. __. TRADE COMPLAINT AND LITIGATION ACCOUNTABILITY IMPROVEMENT.

   Inserted: (a) Short Title.--This section may be cited as the "Trade Complaint and Litigation Accountability Improvement Measures Act" or the "Trade CLAIM Act".

   Inserted: (b) 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--

   Inserted: (1) in subsection (i)--

   Inserted: (A) in the matter preceding paragraph (1), by striking "subsections (a)-(h) of this section" and inserting "subsections (a) through (h) and subsection (k),"; and

   Inserted: (B) in paragraph (4), by striking "subsections (a)-(h) of this section" and inserting "subsections (a) through (h) and subsection (k)"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(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, finding, 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), and 2417(a)(1)).".

   Inserted: (c) Consideration by the United States Trade Representative of Petitions to Enforce United States Trade Rights.--

   Inserted: (1) Actions by united states trade representative.--Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended--

   Inserted: (A) in subsection (a)--

   Inserted: (i) in the flush text at the end of paragraph (1), by striking "of this section, subject to the specific direction, if any, of the President regarding any such action,"; and

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   Inserted: (ii) in paragraph (2)--

   Inserted: (I) in the matter preceding subparagraph (A), by striking "in any case in which" and inserting "if";

   Inserted: (II) in subparagraph (A)(ii)(II), by striking "or" at the end; and

   Inserted: (III) by striking subparagraph (B) and inserting the following:

   Inserted: "(B) the foreign country has--

   Inserted: "(i) agreed to imminently eliminate the act, policy, or practice; or

   Inserted: "(ii) agreed to a solution to imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice;

   Inserted: "(C) the Trade Representative determines that it is impossible for the foreign country to achieve the results described in subparagraph (B), and 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;

   Inserted: "(D) in extraordinary cases, the Trade Representative determines that taking action under this subsection would have an adverse impact on the United States economy that is 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

   Inserted: "(E) the Trade Representative determines that taking action under this subsection would cause serious harm to the national security of the United States."; and

   Inserted: (B) in subsection (c)(1)(D)--

   Inserted: (i) by striking clauses (i) and (ii) and inserting the following:

   Inserted: "(i) imminently eliminate the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b);

   Inserted: "(ii) imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice; or"; and

   Inserted: (ii) in clause (iii), by amending subclause (I) to read as follows:

   Inserted: "(I) are equivalent in value to the burden or restriction on United States commerce resulting from the act, policy, or practice; and".

   Inserted: (2) Initiation of investigations.--Section 302 of the Trade Act of 1974 (19 U.S.C. 2412) is amended--

   Inserted: (A) in subsection (a)(2), by inserting "based on whether the petitioner has alleged facts that, if assumed to be true, would meet the criteria described in section 301(a)(1)" before the period at the end; and

   Inserted: (B) in subsection (c), by striking "(a) or".

   Inserted: (3) Consultations.--Section 303 of the Trade Act of 1974 (19 U.S.C. 2413) is amended--

   Inserted: (A) 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

   Inserted: (B) in subsection (b)(1)(A), by striking "after consulting with" and inserting "with the consent of".

   Inserted: (4) 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, by no" and inserting "by not".

   Inserted: (5) Monitoring of foreign compliance.--Section 306(b) of the Trade Act of 1974 (19 U.S.C. 2416(b)) is amended--

   Inserted: (A) in paragraph (1), by striking "the Trade Representative considers" and inserting "the Trade Representative or the petitioner (if any) considers"; and

   Inserted: (B) in paragraph (2)(A), by striking "the Trade Representative considers" and inserting "the Trade Representative or the petitioner (if any) considers".

   Inserted: (6) 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,".

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   Original wording

   At the appropriate place, insert the following:

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As printed