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.
Short title
This Act may be cited as
the Trade Complaint and Litigation
Accountability Improvement Measures Act
or the
Trade CLAIM
Act
.
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—
in subsection (i)—
in the matter
preceding paragraph (1), by striking subsections (a)–(h)
and
inserting subsections (a)–(h) and (k)
; and
in paragraph (4),
by striking subsections (a)–(h)
and inserting subsections
(a)–(h) and (k)
; and
by adding at the end the following:
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)).
.
Consideration by the United States Trade Representative of petitions to enforce United States trade rights
Actions by United States Trade Representative
Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended—
in subsection (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
in paragraph (2)—
in
the matter preceding subparagraph (A), by striking in any case in
which
and inserting if
;
in
subparagraph (A)(ii)(II), by striking ; or
and inserting a
semicolon; and
by striking subparagraph (B) and inserting the following:
the foreign country has—
agreed to imminently eliminate the act, policy, or practice, or
agreed to a solution to imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice;
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;
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
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
in subsection (c)(1)(D)—
by amending clauses (i) and (ii) to read as follows:
imminently eliminate the act, policy, or practice that is the subject of the action to be taken under subsection (a) or (b),
imminently relieve the burden or restriction on United States commerce resulting from the act, policy, or practice,
; and
by amending subclause (I) of clause (iii) to read as follows:
are equivalent in value to the burden or restriction on United States commerce resulting from the act, policy, or practice, and
.
Initiation of investigations
Section 302 of the Trade Act of 1974 (19 U.S.C. 2412) is amended—
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
in subsection
(c), by striking (a) or
.
Consultations
Section 303 of the Trade Act of 1974 (19 U.S.C. 2413) is amended—
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
in subsection
(b)(1)(A), by striking after consulting with
and inserting
with the consent of
.
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,
.
Monitoring of foreign compliance
Section 306(b) of the Trade Act of 1974 (19 U.S.C. 2416(b)) is amended—
in paragraph (1),
by striking the Trade Representative considers
and inserting
the Trade Representative or the petitioner (if any) considers
;
and
in paragraph
(2)(A), by striking the Trade Representative considers
and
inserting the Trade Representative or the petitioner (if any)
considers
.
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,
.