Trade Facilitation and Trade Enforcement Act of 2015 - Detailed breakdown

This page contains a categorized breakdown of provisions within [H.R. 644] Trade Facilitation and Trade Enforcement Act of 2015. For a high-level summary and broader context, please visit the overview page here.

Crime and Safety

Commercial risk assessment and trade alerts
Requires the National Targeting Center to establish risk assessment methodologies for cargo and issue Trade Alerts to ports of entry for further inspection of specific merchandise.
Seizure of circumvention devices
Amends the Tariff Act of 1930 to authorize the seizure of technology, products, or devices imported in violation of prohibitions against circumventing copyright protection measures.
National Intellectual Property Rights Coordination Center
Establishes a National Intellectual Property Rights Coordination Center within U.S. Immigration and Customs Enforcement to coordinate investigations and enforcement activities.
Traveler education on intellectual property violations
Requires an educational campaign to inform travelers about the implications of importing counterfeit goods and mandates a warning on customs declaration forms about potential penalties.
Training on illicitly trafficked goods
Mandates training for Customs and Border Protection and Immigration and Customs Enforcement personnel on detecting and seizing illicitly imported cultural property, archaeological materials, and wildlife.
Mandated standard operating procedures for CBP
Requires the CBP Commissioner to establish standard operating procedures for electronic device searches, use of force, complaint processing, and the use of unmanned aerial systems.
Trusted traveler program requirements
Prohibits new or renewed trusted traveler program agreements with foreign countries unless the foreign government reports information on lost and stolen passports to INTERPOL or the U.S. government.
Establishment of preclearance operations
Authorizes the Secretary of Homeland Security to establish and maintain U.S. Customs and Border Protection preclearance operations in foreign countries to prevent security threats from entering the U.S.
Lost and stolen passport reporting for preclearance
Prohibits preclearance agreements unless the foreign government routinely submits information on lost and stolen passports to INTERPOL or makes it available to the U.S. government.
Penalties for customs brokers
Adds conviction for committing or conspiring to commit an act of terrorism as grounds for revoking or suspending a customs broker's license or permit.

Economy and Commerce

Improving customs partnership programs
Requires U.S. Customs and Border Protection to provide trade benefits to private sector entities participating in partnership programs like the Customs–Trade Partnership Against Terrorism (C–TPAT).
Consultation on mutual recognition arrangements
Requires the Secretary of Homeland Security to consult with congressional committees before initiating negotiations or entering into mutual recognition arrangements for supply chain security programs.
Implementation of Centers of Excellence and Expertise
Directs the Commissioner of CBP to develop and implement Centers of Excellence and Expertise to enhance economic competitiveness, improve trade enforcement, and facilitate legitimate trade.
Establishment of an importer of record program
Directs the Secretary of Homeland Security to establish a program to assign and maintain importer of record numbers, including criteria for obtaining a number and a centralized database.
Importer risk assessment program
Requires the Commissioner of CBP to establish a program to adjust bond amounts for importers based on risk assessments to protect federal revenue.
Customs broker requirements for importer identification
Amends the Tariff Act of 1930 to require regulations setting minimum standards for customs brokers to verify the identity of importers, with penalties for non-compliance.
Establishment of priority trade issues
Establishes priority trade issues for CBP, including agriculture, antidumping duties, import safety, intellectual property rights, revenue, textiles, and trade agreements.
Information sharing for intellectual property enforcement
Allows CBP to share information and samples of merchandise suspected of infringing trademarks or copyrights with the rights holders to assist in enforcement determinations.
International cooperation on intellectual property rights enforcement
Mandates the Secretary of Homeland Security to coordinate with foreign authorities, share information, and provide technical assistance to enhance global enforcement of intellectual property rights.
Bilateral agreements to prevent trade evasion
Directs the Secretary to negotiate bilateral agreements with foreign countries to enhance cooperation in preventing the evasion of U.S. and foreign trade remedy laws.
New procedures for investigating trade duty evasion
Establishes formal procedures for U.S. Customs and Border Protection to investigate claims of evasion of antidumping and countervailing duty orders, including specific timelines and review processes.
Annual report on evasion of antidumping and countervailing duty orders
Requires the Commissioner of U.S. Customs and Border Protection to submit an annual report to Congress on efforts to prevent and investigate the evasion of antidumping and countervailing duty orders.
Addressing circumvention by new shippers
Amends the Tariff Act of 1930 to require that dumping margins and duty rates for new shippers be based solely on bona fide U.S. sales, outlining criteria for determining what constitutes a bona fide sale.
Small business input on trade promotion authority
Requires the SBA's Chief Counsel for Advocacy to convene an Interagency Working Group to gather views from small businesses on the economic impacts of covered trade agreements and report to Congress.
State Trade Expansion Program
Establishes the State Trade Expansion Program (STEP) to provide grants to states for programs that assist eligible small businesses with trade expansion activities like foreign trade missions and marketing.
State and Federal Export Promotion Coordination
Establishes a State and Federal Export Promotion Coordination Working Group to improve coordination of federal and state resources for export promotion and financing.
State representation on Trade Promotion Coordinating Committee
Adds representatives from State trade promotion agencies to the Trade Promotion Coordinating Committee (TPCC) and mandates the development of a Federal-State export promotion coordination plan.
Trade enforcement priorities
Requires the U.S. Trade Representative to consult with Congress to identify and report annually on foreign trade enforcement priorities and the actions taken to address them.
WTO authorization to suspend trade concessions
Authorizes the U.S. Trade Representative to suspend trade concessions or other obligations under WTO rules upon request from a domestic industry, following the termination of a previous action.
Trade monitoring tool and reports
Directs the International Trade Commission to create a public website for monitoring import data and requires the Secretary of Commerce to publish quarterly reports on trade volume and value.
Distribution of interest on antidumping and countervailing duties
Mandates that interest earned on certain antidumping and countervailing duties be deposited into a special account for distribution to affected domestic producers.
Honey transshipment enforcement
Directs U.S. Customs and Border Protection to address illegal honey importation by creating a database to verify country of origin and consulting with the industry and the FDA.
Action plans for intellectual property rights enforcement
Requires the U.S. Trade Representative to develop action plans for countries on the "priority watch list" for over a year to improve their protection of intellectual property rights.
Trade Enforcement Trust Fund
Establishes the Trade Enforcement Trust Fund to provide resources for enforcing U.S. rights under trade agreements, monitoring compliance, and supporting capacity-building efforts.
Enhanced engagement on currency exchange policies
Requires the Treasury Secretary to report semi-annually on the currency policies of major trading partners and engage with countries that have significant trade surpluses and currency undervaluation.
Increase in de minimis value for imports
Increases the value of articles that can be imported by one person on one day free of duty and taxes from $200 to $800.
Modification of provisions relating to returned property
Amends the Harmonized Tariff Schedule to allow duty-free return of any product within 3 years of its export, expanding beyond just products of the United States.
Modernization of customs drawback and refund procedures
Amends the Tariff Act of 1930 to simplify and modernize the customs drawback program by standardizing substitution rules, extending timeframes for claims, and mandating electronic filing.
After-hours customs services for charter flights
Authorizes U.S. Customs and Border Protection to provide after-hours customs services for charter flights at the expense of the charter air carrier, even if overtime funds are not otherwise available.
U.S. trade policy to oppose boycotts of Israel
Establishes a principal U.S. trade negotiating objective to discourage politically motivated boycotts against Israel and requires the President to report to Congress on such activities.
Prohibition on enforcing certain foreign judgments against U.S. persons
Prohibits U.S. courts from recognizing or enforcing foreign court judgments against U.S. persons that are based on their business activities in Israel or Israeli-controlled territories.
Strengthening ban on imports made with forced labor
Eliminates the 'consumptive demand' exception in the Tariff Act of 1930, strengthening the prohibition on importing goods made with convict, forced, or indentured labor.
Repeal of prior law on performance outerwear tariffs
Repeals a 2015 law concerning tariff classifications for performance outerwear, restoring the legal framework that existed before its enactment.
New tariff classification for recreational performance outerwear
Creates a new tariff category, "recreational performance outerwear," defined by water resistance, sealed seams, and having at least five of eleven specified technical features.
Importer record-keeping mandate
Requires importers to maintain records demonstrating that goods entered as "recreational performance outerwear" meet the specific criteria for that classification.
Updated tariff rates for various outerwear products
Modifies the Harmonized Tariff Schedule by striking numerous existing subheadings for outerwear and inserting new ones with updated duty rates for recreational performance outerwear.
Modifications to duty treatment of protective active footwear
Amends the Harmonized Tariff Schedule to change special duty rates for certain footwear and allows for retroactive application for certain entries.
Trade agreements and U.S. immigration laws
Prohibits trade agreements from requiring changes to U.S. immigration laws or obligating the U.S. to expand visa access.
Fisheries negotiations in trade agreements
Establishes U.S. negotiating objectives for trade in fish and seafood, including eliminating trade-distorting subsidies and addressing illegal fishing.
Trade preferences for Nepal
Authorizes the President to grant duty-free treatment for certain articles imported from Nepal to support its economic recovery, effective until December 31, 2025.
APEC agreement on environmental goods
Authorizes the President to implement an agreement by Asia-Pacific Economic Cooperation (APEC) members to reduce duties on certain environmental goods.
Country of origin marking for certain castings
Amends the Tariff Act of 1930 to require certain imported castings, such as manhole covers and lampposts, be marked with their country of origin.
Permanent moratorium on internet access taxes
Makes the moratorium on state and local taxes on internet access permanent, with a temporary extension for existing taxes until June 30, 2020.
AmountDescription
$30,000,000Authorizing appropriations for the State Trade Expansion Program for fiscal years 2016 through 2020.
$15,000,000Transferring funds to the Trade Enforcement Trust Fund for fiscal years through 2026.

Education and Research

Educational seminars for customs personnel
Establishes educational seminars for customs and immigration enforcement personnel to improve classification, appraisal, and trade enforcement efforts.
Mandatory continuing education for CBP personnel
Requires all CBP officers and agents to participate in continuing education to maintain understanding of federal legal rulings, court decisions, and departmental policies.

Energy and Environment

Trade agreements and greenhouse gas emissions
Ensures trade agreements do not create U.S. obligations regarding greenhouse gas emissions measures, unless fulfilling other specified negotiating objectives.

Government Operations

Report on trade enforcement effectiveness
Mandates the Comptroller General of the United States to submit a report to Congress on the effectiveness of trade enforcement activities by U.S. Customs and Border Protection.
Customs modernization priorities and standards
Requires the Commissioner of U.S. Customs and Border Protection to establish priorities and performance standards for customs modernization, trade facilitation, and trade enforcement programs.
Joint strategic plan for trade enforcement
Requires U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to jointly develop and submit a biennial strategic plan for trade enforcement and facilitation.
International Trade Data System (ITDS) implementation
Requires federal agencies to use the ITDS as the primary means of receiving data for the release of imported cargo and clearance of cargo for export by December 31, 2016.
Establishment of the Commercial Customs Operations Advisory Committee
Establishes a committee to advise the Secretaries of the Treasury and Homeland Security on the commercial operations of U.S. Customs and Border Protection (CBP).
Donations for intellectual property rights enforcement
Authorizes the Commissioner of CBP to prescribe regulations allowing CBP to receive donations of technology and training from the private sector to enhance intellectual property rights enforcement.
Annual report on intellectual property rights enforcement
Requires U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to jointly submit an annual report to Congress on intellectual property rights enforcement activities.
Establishment of Trade Remedy Law Enforcement Division
Creates a new Trade Remedy Law Enforcement Division within the Office of Trade to develop and administer policies to prevent and counter evasion of trade remedy laws.
Allocation and training of personnel for trade enforcement
Ensures U.S. Customs and Border Protection employs, assigns, and trains sufficient personnel with expertise in preventing and investigating the evasion of duties on covered merchandise.
Interagency Center on Trade Implementation, Monitoring, and Enforcement
Establishes a new center within the Office of the U.S. Trade Representative to support the investigation of trade disputes and the monitoring and enforcement of trade agreements.
Establishment of Chief Innovation and Intellectual Property Negotiator
Creates the new position of Chief Innovation and Intellectual Property Negotiator within the Office of the U.S. Trade Representative to handle trade negotiations related to intellectual property.
Advisory Committee on International Exchange Rate Policy
Establishes a nine-member advisory committee to advise the Secretary of the Treasury on the impact of international exchange rates and financial policies on the U.S. economy.
Formal establishment of U.S. Customs and Border Protection
Amends the Homeland Security Act of 2002 to formally establish U.S. Customs and Border Protection (CBP) within the Department of Homeland Security.
Establishment of U.S. Customs and Border Protection
Formally establishes U.S. Customs and Border Protection (CBP) as a distinct agency within the Department of Homeland Security, headed by a Commissioner.
Establishment of key CBP operational offices
Establishes several key offices within CBP, including U.S. Border Patrol, Air and Marine Operations, Office of Field Operations, Office of Intelligence, and Office of Professional Responsibility.
Airport wait time transparency
Requires CBP to publish live wait times for international travelers at the 20 busiest U.S. airports on its website and report annually to Congress.
Disciplinary action for deceiving Congress
Authorizes the Secretary to impose disciplinary action on any employee of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection who willfully deceives Congress or agency leadership.
Establishment of the Office of Trade
Establishes an Office of Trade within U.S. Customs and Border Protection to direct the development and implementation of trade policies, enforcement, and modernization efforts.
Congressional notification for preclearance agreements
Requires the Secretary of Homeland Security to notify and provide certifications to Congress at least 60 days before a preclearance operations agreement with a foreign country enters into force.
Increased oversight of CBP partnership agreements
Requires the Commissioner of U.S. Customs and Border Protection to submit annual reports to Congress detailing the costs, benefits, and operations of various partnership and fee-based service programs.
Increased penalty for failure to file tax returns
Increases the minimum penalty for failure to file a tax return from $135 to $205 for returns required in calendar years after 2015.
AmountDescription
$153,736,000Providing funds to complete the development and implementation of the Automated Commercial Environment.
$1,000,000Authorizing appropriations to support the Advisory Committee on International Exchange Rate Policy.

Health

Interagency import safety working group
Establishes an interagency working group, chaired by the Secretary of Homeland Security, to coordinate federal efforts on ensuring the safety of imported merchandise.
Joint import safety rapid response plan
Requires the Secretary of Homeland Security to develop a plan with protocols for CBP to respond to incidents where imported merchandise poses a health or safety threat.

Infrastructure

Port of entry infrastructure needs assessment
Requires the Commissioner of U.S. Customs and Border Protection to assess the infrastructure and technology needs at the 20 busiest land ports of entry to improve trade facilitation and reduce wait times.

Social services

New standards for short-term detention
Mandates that individuals in short-term CBP detention (72 hours or less) be provided with adequate food, water, and information on their rights, and repatriated during daylight hours when practicable.

Other

Trade agreements with countries involved in human trafficking
Amends the process for the President to waive prohibitions on trade agreements with countries listed as Tier 3 for human trafficking if they take concrete actions to improve.