[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3112 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3112

  To require that certain actions be taken with respect to complaints 
received by the Department of Commerce of nontariff barriers imposed by 
                other countries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2011

Mr. Turner of Ohio introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To require that certain actions be taken with respect to complaints 
received by the Department of Commerce of nontariff barriers imposed by 
                other countries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Law Enforcement Act of 2011''.

SEC. 2. ACTIONS ON COMPLAINTS ON NONTARIFF BARRIERS IMPOSED BY OTHER 
              COUNTRIES.

    (a) Actions by Secretary of Commerce.--In any case in which the 
Secretary of Commerce receives a complaint from an interested person 
that a foreign country is engaging in an act, policy, or practice that 
acts as a nontariff barrier to United States commerce, and the 
Secretary is unable to resolve the complaint within the 180-day period 
beginning on the date on which the complaint is received, the 
Secretary, in consultation with the United States International Trade 
Commission, as appropriate, shall, within 45 days after the end of that 
180-day period, issue an opinion as to whether, under section 301 of 
the Trade Act of 1974--
            (1) the rights of the United States under any trade 
        agreement are being denied because of such act, policy, or 
        practice; or
            (2) the act, policy, or practice--
                    (A) violates, or is inconsistent with, the 
                provisions of, or otherwise denies benefits to the 
                United States under, any trade agreement; or
                    (B) is unjustifiable and burdens or restricts 
                United States commerce.
    (b) Referral to USTR.--
            (1) Referral.--If the Secretary of Commerce, in an opinion 
        issued under subsection (a), makes an affirmative determination 
        with respect to the rights of the United States under 
        subsection (a)(1), or with respect to an act, policy, or 
        practice under subsection (a)(2), the Secretary shall refer the 
        matter to the United States Trade Representative.
            (2) Initiation of investigation.--The United States Trade 
        Representative shall, within 45 days after the date on which 
        the opinion of the Secretary is issued, initiate an 
        investigation under section 302(b) of the Trade Act of 1974 (19 
        U.S.C. 2412(b)) with respect to the matter that is the subject 
        of the opinion of the Secretary. In conducting such 
        investigation--
                    (A) subsections (b)(2)(B) and (c) of section 302 of 
                the Trade Act of 1974 (19 U.S.C. 2412(b)(2)(B) and (c)) 
                shall not apply; and
                    (B) the Trade Representative shall publish in the 
                Federal Register a summary of the issues involved in 
                the investigation and shall, as soon as possible, 
                provide opportunity for the presentation of views 
                concerning the issues, including a public hearing--
                            (i) within the 30-day period beginning on 
                        the date on which the opinion of the Secretary 
                        is issued, if a public hearing within such 
                        period is requested by an interested person; or
                            (ii) at such other time if a timely request 
                        therefor is made by an interested person.
                                 <all>