Summary:
Trade Facilitation and Trade Enforcement Act of 2015

TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

(Sec. 101) This bill directs the U.S. Customs and Border Protection (CBP) to ensure that CBP partnership programs, such as the Customs-Trade Partnership Against Terrorism, provide trade benefits to importers, exporters, and certain other private sector entities that meet program requirements.

(Sec. 102) The Government Accountability Office (GAO) shall report to Congress on the effectiveness of CBP enforcement of U.S. customs and trade laws (trade enforcement).

(Sec. 103) CBP shall establish priorities and performance standards to measure levels of achievement of customs modernization, the movement of merchandise into and out of the United States (trade facilitation), and trade enforcement functions and programs.

(Sec. 104) CBP and U.S. Immigration and Customs Enforcement (ICE) shall:

 establish educational seminars to improve CBP classification and appraisal of imported articles, trade enforcement, and facilitation of international trade; and develop biennially a joint strategic plan for improving trade enforcement and trade facilitation. (Sec. 106) This bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to authorize appropriations for FY2016-FY2018 from the Customs Commercial and Homeland Security Automation Account to complete the development and implementation of the Automated Commercial Environment computer system.

The Customs Border Security Act of 2002 is amended to require CBP to report to Congress on:

 its incorporation of all core trade processing capabilities into the Automated Commercial Environment computer system to conform with admissibility criteria of federal agencies participating in the International Trade Data System (ITDS); the components of the National Customs Automation Program that have not been implemented; and any additional Program components it has initiated to complete the development, establishment, and implementation of the computer system. The CBP must update the report as well as:

 evaluate the effectiveness of the implementation of the computer system, and detail monthly the percentage of trade processed in the Automated Commercial Environment since September 30, 2016. The GAO must report to Congress on:

 the progress of other federal agencies in accessing and utilizing the Automated Commercial Environment, and the potential cost savings to the government and importers and exporters and the potential benefits to trade enforcement if the identified elements are implemented. (Sec. 107) This bill amends the Tariff Act of 1930 to require the Department of the Treasury (Treasury) to work with the head of each agency participating in the ITDS and the Interagency Steering Committee to ensure that, among other duties, it:

 develops and maintains the necessary information technology infrastructure to support the operation of the ITDS, submits all data to the ITDS electronically, and arranges to share information between each agency and the CBP. (Sec. 108) It shall be a U.S. negotiating objective in any negotiation for a mutual recognition arrangement with a foreign country on partnership programs to seek to ensure the compatibility of that country's partnership programs with CBP partnership programs to enhance trade facilitation and trade enforcement.

The Department of Homeland Security (DHS) shall consult with specified congressional committees within 30 days before initiating negotiations and within 30 days before entering into an agreement. (Sec. 109) Treasury and DHS shall jointly establish a Commercial Customs Operations Advisory Committee.

(Sec. 110) CBP shall develop and implement CBP-wide Centers of Excellence and Expertise to enhance the economic competitiveness of the United States.

(Sec. 111) DHS shall establish within the CBP Office of International Trade a Commercial Targeting Division (including National Targeting and Analysis Groups) to conduct commercial risk assessment targeting and, when needed, issue trade alerts with respect to cargo destined for the United States.

(Sec. 112) The Treasury Inspector General shall report biennially to Congress on oversight of revenue protection and enforcement measures.

(Sec. 113) DHS and Treasury shall report jointly to Congress on security and revenue measures with respect to merchandise transported in bond.

(Sec. 114) DHS shall establish a program to assign importer of record numbers.

(Sec. 115) CBP shall establish a new importer program that adjusts bond amounts for new importers based on the level of risk assessed for protection of federal revenue.

(Sec. 116) The Tariff Act of 1930 is amended to direct Treasury to prescribe minimum standards to require customs brokers to implement, and importers (including nonresident importers) to comply with, reasonable procedures for collecting information to identify U.S. and non-resident importers seeking to import merchandise into the United States.

The CBP Commissioner shall report to Congress recommendations for:

 determining the most effective way to require foreign nationals to provide customs brokers with accurate information, comparable to that required of U.S. nationals, on the identity of foreign nationals seeking to import merchandise into the United States; and establishing a system for such brokers and agencies to review information maintained by relevant federal agencies to verify the identity of importers, including nonresident importers, seeking to import merchandise into the United States. (Sec. 117) CBP shall require non-resident importers that are not validated Tier 2 or Tier 3 participants in the Customs-Trade Partnership Against Terrorism program to designate a resident agent in the United States with a power of attorney to accept service of process against the non-resident importer in connection with the importation of merchandise. Civil and criminal penalties are prescribed for failure to make this designation.

 TITLE II--IMPORT HEALTH AND SAFETY

(Sec. 201) An interagency Import Safety Working Group is established.

(Sec. 202) DHS shall develop, and appropriately update, a joint import safety rapid response plan that sets forth protocols for the U.S. Customs and Border Protection (CBP) to:

 coordinate federal responses to cargo entering the United States that poses a threat to the health or safety of U.S. consumers, and use in recovering from or mitigating the effects of actions and responses to such an incident. (Sec. 203) CBP shall ensure that CBP personnel assigned to U.S. ports of entry are effectively trained to ensure the safety and expeditious entry of merchandise into the United States.

TITLE III--IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

(Sec. 302) The Tariff Act of 1930 is amended to declare that, upon suspicion that merchandise is being imported into the United States in violation of U.S. trademark or copyright infringement laws, the CBP shall provide the trademark or copyright owner any information appearing on the merchandise and its packaging and labels, including any unredacted images of them, if testing by the owner would assist in determining a violation. The CBP shall not provide such information if it would compromise an ongoing law enforcement investigation or national security.

(Sec. 303) A technology, product, service, device, or its component that is imported into the United States to circumvent U.S. copyright laws may be seized and forfeited by the CBP.

(Sec. 304) DHS shall authorize a process for the enforcement of a copyright of an owner who has applied for registration of merchandise with the U.S. Copyright Office to the same extent as if the copyright were registered with the Office, including by sharing information, images, samples of the suspected infringing merchandise.

(Sec. 305) DHS shall establish within ICE a National Intellectual Property Rights Coordination Center to coordinate U.S. activities to prevent the import and export of goods that infringe intellectual property rights.

(Sec. 306) The CBP and ICE shall:

 add specified information to the joint strategic plan for enforcement of intellectual property rights; and assign sufficient personnel throughout the CBP and ICE to prevent the importation of merchandise infringing intellectual property rights, including three full-time ICE employees to the National Intellectual Property Rights Coordination Center. (Sec. 308) The CBP shall ensure that CBP officers are trained effectively to detect and identify merchandise destined for the United States that infringes intellectual property rights, including through use of donated hardware, software, equipment, and similar technologies.

(Sec. 309) DHS shall coordinate with competent law enforcement and customs authorities of foreign countries, particularly by information-sharing, to enhance their efforts and U.S. efforts to enforce intellectual property rights.

(Sec. 310) The CBP and ICE shall report annually to Congress on intellectual property rights enforcement.

(Sec. 311) DHS shall carry out an educational campaign to inform travelers entering or leaving the United States about the legal, economic, and public health and safety implications of acquiring merchandise that infringes intellectual property rights outside the United States and importing it into the United States in violation of U.S. law.

 TITLE IV--PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS

Preventing Recurring Trade Evasion and Circumvention Act or the PROTECT Act

(Sec. 403) This title applies to goods from Mexico and Canada as well as goods from elsewhere.

Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws

(Sec. 411) DHS shall establish within the CBP Office of International Trade a Trade Remedy Law Enforcement Division (including a National Targeting and Analysis Group) to prevent and counter evasion of antidumping or countervailing duty orders with respect to covered merchandise entered into the United States.

The Group shall establish targeted risk assessment methodologies and standards for:

 evaluating the risk that cargo destined for the United States may constitute evading covered merchandise, and issuing Trade Alerts to U.S. ports of entry directing further inspection of specific merchandise to ensure compliance with U.S. trade remedy laws. (Sec. 412) Treasury, acting through the CBP, shall exercise all authorities to collect information needed to determine whether merchandise is entered into the United States through evasion.

In cases where a person who filed an allegation concerning covered merchandise, a person alleged to have entered covered merchandise into the United States through evasion, or a foreign producer or exporter of such merchandise has failed to comply with a request for information, Treasury shall make an inference adverse to the interests of that person when determining whether the merchandise has entered the United States through evasion.

(Sec. 414) Treasury shall negotiate and enter into bilateral agreements with customs authorities of foreign countries to prevent evasion of U.S. and foreign trade remedy laws.

Subtitle B--Investigation of Evasion of Trade Remedy Laws

(Sec. 421) This bill amends the Tariff Act of 1930 to prescribe procedures for the administering authority (the Department of Commerce, or any other U.S. officer responsible for carrying out the duties of the administering authority) to initiate an antidumping duty or countervailing duty investigation with respect to merchandise imported into the United States upon:

 its own initiation, or the filing of a petition by interested parties or referral by the CBP. The administering authority, in cases of an affirmative preliminary determination, shall instruct the CBP to:

 suspend liquidation of each entry of the merchandise, and require the posting of a cash deposit. The administering authority, in cases of an affirmative final determination, shall instruct the CBP to:

 assess duties on the covered merchandise, reliquidate each entry of the merchandise, and reassess the importer's bond or other security. (Sec. 422) The GAO shall assess for Congress, after two years, the effectiveness of this Act and the actions taken and procedures developed to prevent evasion of antidumping and countervailing duty orders.

Subtitle C--Other Matters

(Sec. 431) The CBP shall employ sufficient personnel with expertise and adequate training in and responsibility for preventing and investigating the entry of covered merchandise into the United States through evasion.

(Sec. 432) The CBP shall report annually to Congress on its efforts to prevent and investigate the evasion of antidumping duty and countervailing duty orders with respect to covered merchandise entered into the United States.

(Sec. 433) The administering authority shall no longer be required to direct the CBP to allow an importer to opt to post a bond or security in lieu of a cash deposit for each entry of merchandise exported into the United States until completion of the administering authority's review as to whether antidumping or countervailing duties shall be imposed on the merchandise.

The weighted average dumping margin or individual countervailing duty rate determined for a new exporter (shipper) or producer of merchandise in a review shall be based solely on the bona fide U.S. sales made by the exporter or producer during the period of review.

TITLE V--ADDITIONAL ENFORCEMENT PROVISIONS

(Sec. 501) The Trade Act of 1974 is amended to revise requirements for the identification of U.S. trade expansion priorities.

The United States Trade Representative (USTR) shall consult with Congress to prioritize, investigate, and resolve acts, policies, or practices of foreign countries that raise concerns with respect to obligations under the World Trade Organization Agreements or any other trade agreement to which the United States is a party, or that otherwise creates barriers to U.S. goods, services, or investment.

(Sec. 502) The USTR may take action to suspend concessions or other obligations under the Uruguay Round Agreements Act if:

 enforcement action has terminated that was taken by the USTR to protect U.S. rights under any trade agreement or to eliminate an act, policy, or practice of a foreign country that violates that agreement or burdens or restricts U.S. commerce; the petitioner or any representative of the domestic industry that would benefit from reinstatement of such action requests the USTR for reinstatement; and the USTR meets certain consultation requirements. (Sec. 503) The U.S. International Trade Commission shall make an import monitoring tool available on a website to allow public access to data on the volume and value of imported goods to assess whether such data has changed over time.

TITLE VI--MISCELLANEOUS PROVISIONS

 (Sec. 601) The general de minimis aggregate fair retail value in the country of shipment of duty-free articles imported by one person on one day increases from $200 to $800.

(Sec. 602) Deadlines are prescribed for mandatory DHS consultation on trade and customs revenue functions with representatives of the business community involved in international trade and with Congress.

(Sec. 603) This bill also prescribes or revises requirements under the Tariff Act of 1930 and the Harmonized Tariff Schedules of the United States for:

 certain penalties for customs brokers convicted of an act of terrorism, duty-free treatment of certain federal property exported and reimported without having been advanced in value or improved in condition while abroad, duties on warranty repairs or alterations of articles exported from and then returned to the United States, exemption from duty treatment of the residue of bulk cargo contained in instruments of international traffic previously exported from the United States, drawback (refund of paid customs duties) on eligible merchandise imported into the United States and later exported or destroyed, and elimination of the consumptive demand exception to the prohibition on the importation of goods made with convict labor, forced labor, or indentured labor. (Sec. 607) The President's annual report to Congress on the trade agreements program and the national trade policy agenda shall address the operation of all USTR-led interagency programs during the preceding year and for the year in which the report is submitted as well as pertinent additional matters.

Directs the USTR to develop annual and quadrennial resource management and staffing plans.

(Sec. 608) Certain trade policies regarding Israel are declared.

(Sec. 609) The "consumptive demand" exception to the prohibition against importing merchandise made by convict, forced, or indentured labor under penal sanctions is repealed. This "consumptive demand" exception covers all goods, wares, articles, or merchandise mined, produced, or manufactured by such labor which are not mined, produced, or manufactured in such quantities in the United States as to meet U.S. consumptive demands.

(Sec. 610) Consolidated Omnibus Budget Reconciliation Act of 1985 is amended to allow, between July 8 and July 28, 2025, specified customs user fees for the processing of merchandise formally entered or released into the United States.

The United States-Korea Free Trade Agreement Implementation Act is also amended to increase from 0.21% ad valorem to 0.3464% ad valorem, for the period between July 1 and July 14, 2025, the customs user fees for the processing of merchandise formally entered or released into the United States. (Sec. 611) The CBP Commissioner shall report to Congress within one year after entering into any agreement under: the program for entering into reimbursable fee agreements for the provision of CBP services, upon the request of any persons, at existing CBP-serviced facilities, at new facilities, and at land border facilities; or the pilot program authorizing the CBP to enter into partnerships with private sector and government entities at ports of entry for certain services and to accept certain donations. (Sec. 612) The CBP shall include in specified distributions to affected domestic producers of collected antidumping and countervailing duties any interest earned on such duties which is, or was, realized through application of any payment received by the CBP on or after October 1, 2014, under, or in connection with, any customs bond pursuant to a court order or judgment, or any settlement for any such bond. The distributions specified are all those made on or after the date of enactment of this Act of collected duties assessed on or after October 1, 2000, on entries made through September 30, 2007.

trade facilitation trade enforcement act title trade facilitation trade enforcement sec bill directs customs border_protection cbp ensure cbp partnership programs customs-trade_partnership_against_terrorism provide trade benefits importers exporters certain private sector entities meet program requirements sec government_accountability_office gao shall report congress effectiveness cbp enforcement customs trade laws trade enforcement sec cbp shall establish priorities performance standards measure levels achievement customs modernization movement merchandise united_states trade facilitation trade enforcement functions programs sec cbp immigration customs enforcement ice shall establish educational seminars improve cbp classification appraisal imported articles trade enforcement facilitation international_trade develop biennially joint strategic plan improving trade enforcement trade facilitation sec bill amends consolidated_omnibus_budget_reconciliation_act cobra authorize appropriations fy2016 fy2018 customs commercial homeland_security automation account complete development implementation automated commercial environment computer system customs border_security act amended require cbp report congress incorporation core trade processing capabilities automated commercial environment computer system conform admissibility criteria federal agencies participating international_trade_data_system components national customs automation program implemented additional program components initiated complete development establishment implementation computer system cbp update report evaluate effectiveness implementation computer system detail monthly percentage trade processed automated commercial environment september gao report congress progress federal agencies accessing utilizing automated commercial environment potential cost savings government importers exporters potential benefits trade enforcement identified elements implemented sec bill amends tariff act require department_of_the_treasury treasury work head agency participating interagency steering committee ensure duties develops maintains necessary information technology infrastructure support operation submits data electronically arranges share information agency cbp sec shall negotiating objective negotiation mutual recognition arrangement foreign country partnership programs seek ensure compatibility country partnership programs cbp partnership programs enhance trade facilitation trade enforcement department_of_homeland_security dhs shall consult specified congressional committees days initiating negotiations days entering agreement sec treasury dhs shall jointly establish commercial customs operations advisory_committee sec cbp shall develop implement cbp wide centers_of_excellence expertise enhance economic competitiveness united_states sec dhs shall establish cbp office_of_international_trade commercial targeting division including national targeting analysis groups conduct commercial risk assessment targeting needed issue trade alerts respect cargo destined united_states sec treasury inspector_general shall report biennially congress oversight revenue protection enforcement measures sec dhs treasury shall report jointly congress security revenue measures respect merchandise transported bond sec dhs shall establish program assign importer record numbers sec cbp shall establish new importer program adjusts bond amounts new importers based level risk assessed protection federal revenue sec tariff act amended direct treasury prescribe minimum standards require customs brokers implement importers including nonresident importers comply reasonable procedures collecting information identify non resident importers seeking import merchandise united_states cbp commissioner shall report congress recommendations determining effective way require foreign nationals provide customs brokers accurate information comparable required nationals identity foreign nationals seeking import merchandise united_states establishing system brokers agencies review information maintained relevant federal agencies verify identity importers including nonresident importers seeking import merchandise united_states sec cbp shall require non resident importers validated tier tier participants customs-trade_partnership_against_terrorism program designate resident agent united_states power attorney accept service process non resident importer connection importation merchandise civil criminal penalties prescribed failure designation title import health safety sec interagency import safety working_group established sec dhs shall develop appropriately update joint import safety rapid response plan sets forth protocols customs border_protection cbp coordinate federal responses cargo entering united_states poses threat health safety consumers use recovering mitigating effects actions responses incident sec cbp shall ensure cbp personnel assigned ports entry effectively trained ensure safety expeditious entry merchandise united_states title iii import related protection intellectual property rights sec tariff act amended declare suspicion merchandise imported united_states violation trademark copyright infringement laws cbp shall provide trademark copyright owner information appearing merchandise packaging labels including images testing owner assist determining violation cbp shall provide information compromise ongoing law enforcement investigation national security sec technology product service device component imported united_states circumvent copyright laws seized forfeited cbp sec dhs shall authorize process enforcement copyright owner applied registration merchandise copyright office extent copyright registered office including sharing information images samples suspected infringing merchandise sec dhs shall establish ice national intellectual property rights coordination center coordinate activities prevent import export goods infringe intellectual property rights sec cbp ice shall add specified information joint strategic plan enforcement intellectual property rights assign sufficient personnel cbp ice prevent importation merchandise infringing intellectual property rights including time ice employees national intellectual property rights coordination center sec cbp shall ensure cbp officers trained effectively detect identify merchandise destined united_states infringes intellectual property rights including use donated hardware software equipment similar technologies sec dhs shall coordinate competent law enforcement customs authorities foreign countries particularly information sharing enhance efforts efforts enforce intellectual property rights sec cbp ice shall report annually congress intellectual property rights enforcement sec dhs shall carry educational campaign inform travelers entering leaving united_states legal economic public health safety implications acquiring merchandise infringes intellectual property rights outside united_states importing united_states violation law title prevention evasion antidumping countervailing duty orders preventing recurring trade evasion circumvention act protect act sec title applies goods mexico canada goods subtitle actions relating enforcement trade remedy laws sec dhs shall establish cbp office_of_international_trade trade remedy law enforcement division including national_targeting_and_analysis_group prevent counter evasion antidumping countervailing duty orders respect covered merchandise entered united_states group shall establish targeted risk assessment methodologies standards evaluating risk cargo destined united_states constitute evading covered merchandise issuing trade alerts ports entry directing inspection specific merchandise ensure compliance trade remedy laws sec treasury acting cbp shall exercise authorities collect information needed determine merchandise entered united_states evasion cases person filed allegation concerning covered merchandise person alleged entered covered merchandise united_states evasion foreign producer exporter merchandise failed comply request information treasury shall inference adverse interests person determining merchandise entered united_states evasion sec treasury shall negotiate enter bilateral agreements customs authorities foreign countries prevent evasion foreign trade remedy laws subtitle investigation evasion trade remedy laws sec bill amends tariff act prescribe procedures administering authority department_of_commerce officer responsible carrying duties administering authority initiate antidumping duty countervailing duty investigation respect merchandise imported united_states initiation filing petition interested parties referral cbp administering authority cases affirmative preliminary determination shall instruct cbp suspend liquidation entry merchandise require posting cash deposit administering authority cases affirmative final determination shall instruct cbp assess duties covered merchandise reliquidate entry merchandise reassess importer bond security sec gao shall assess congress years effectiveness act actions taken procedures developed prevent evasion antidumping countervailing duty orders subtitle matters sec cbp shall employ sufficient personnel expertise adequate training responsibility preventing investigating entry covered merchandise united_states evasion sec cbp shall report annually congress efforts prevent investigate evasion antidumping duty countervailing duty orders respect covered merchandise entered united_states sec administering authority shall longer required direct cbp allow importer opt post bond security lieu cash deposit entry merchandise exported united_states completion administering authority review antidumping countervailing duties shall imposed merchandise weighted average dumping margin individual countervailing duty rate determined new exporter shipper producer merchandise review shall based solely bona fide sales exporter producer period review title additional enforcement provisions sec trade act amended revise requirements identification trade expansion priorities united_states_trade_representative ustr shall consult congress prioritize investigate resolve acts policies practices foreign countries raise concerns respect obligations world_trade_organization agreements trade agreement united_states party creates barriers goods services investment sec ustr action suspend concessions obligations uruguay round agreements act enforcement action terminated taken ustr protect rights trade agreement eliminate act policy practice foreign country violates agreement burdens restricts commerce petitioner representative domestic industry benefit reinstatement action requests ustr reinstatement ustr meets certain consultation requirements sec international_trade_commission shall import monitoring tool available website allow public access data volume value imported goods assess data changed time title miscellaneous provisions sec general minimis aggregate fair retail value country shipment duty free articles imported person day increases sec deadlines prescribed mandatory dhs consultation trade customs revenue functions representatives business community involved international_trade congress sec bill prescribes revises requirements tariff act harmonized_tariff schedules united_states certain penalties customs brokers convicted act terrorism duty free treatment certain federal property exported having advanced value improved condition abroad duties warranty repairs alterations articles exported returned united_states exemption duty treatment residue bulk cargo contained instruments international traffic previously exported united_states drawback refund paid customs duties eligible merchandise imported united_states later exported destroyed elimination consumptive demand exception prohibition importation goods convict labor forced labor labor sec president annual report congress trade agreements program national trade policy agenda shall address operation ustr led interagency programs preceding year year report submitted pertinent additional matters directs ustr develop annual quadrennial resource management staffing plans sec certain trade policies israel declared sec consumptive demand exception prohibition importing merchandise convict forced labor penal sanctions repealed consumptive demand exception covers goods articles merchandise mined produced manufactured labor mined produced manufactured quantities united_states meet consumptive demands sec consolidated_omnibus_budget_reconciliation_act amended allow july july specified customs user fees processing merchandise formally entered released united_states united_states korea free trade agreement implementation act amended increase valorem valorem period july july customs user fees processing merchandise formally entered released united_states sec cbp commissioner shall report congress year entering agreement program entering reimbursable fee agreements provision cbp services request persons existing cbp serviced facilities new facilities land border facilities pilot program authorizing cbp enter partnerships private sector government entities ports entry certain services accept certain donations sec cbp shall include specified distributions affected domestic producers collected antidumping countervailing duties interest earned duties realized application payment received cbp october connection customs bond pursuant court order judgment settlement bond distributions specified date enactment act collected duties assessed october entries september


Summary:
Trade Facilitation and Trade Enforcement Act of 2015

This bill directs the U.S. Customs and Border Protection (CBP) to ensure that CBP partnership programs, such as the Customs-Trade Partnership Against Terrorism, provide trade benefits to importers, exporters, and certain other private sector entities that meet program requirements.

The Government Accountability Office must report to Congress on the effectiveness of CBP enforcement of U.S. customs and trade laws (trade enforcement).

The CBP shall establish priorities and performance standards to measure levels of achievement of customs modernization, the movement of merchandise into and out of the United States (trade facilitation), and trade enforcement functions and programs.

The CBP and U.S. Immigration and Customs Enforcement (ICE) shall:

 establish educational seminars to improve CBP classification and appraisal of imported articles, trade enforcement, and facilitation of international trade; and develop biennially a joint strategic plan for improving trade enforcement and trade facilitation. This bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize appropriations for FY2016-FY2018 to complete the development and implementation of the Automated Commercial Environment computer system.

This bill amends the Tariff Act of 1930 to require the Department of the Treasury (Treasury) to work with the head of each agency participating in the International Trade Data System (ITDS) and the Interagency Steering Committee to ensure that, among other duties, it:

 develops and maintains the necessary information technology infrastructure to support the operation of the ITDS, submit all data to the ITDS electronically, and arrange to share information between each agency and the CBP. Treasury and the Department of Homeland Security (DHS) shall jointly establish a Commercial Customs Operations Advisory Committee.

The CBP shall develop and implement CBP-wide Centers of Excellence and Expertise.

DHS shall establish within the CBP Office of International Trade a Commercial Targeting Division (including National Targeting and Analysis Groups) to conduct commercial risk assessment targeting and, when needed, issue trade alerts with respect to cargo destined for the United States.

The Treasury Inspector General shall report to Congress on oversight of revenue protection and enforcement measures.

DHS and Treasury shall report jointly to Congress on security and revenue measures with respect to merchandise transported in bond.

DHS shall establish a program to assign importer of record numbers.

The Department of the Treasury shall prescribe minimum standards to require customs brokers to implement, and importers (including nonresident importers) to comply with, reasonable procedures for collecting information to identify U.S. and non-resident importers seeking to import merchandise into the United States.

The CBP shall report to Congress recommendations for:

 determining the most effective way to require foreign nationals to provide customs brokers with accurate information, comparable to that required of U.S. nationals, on the identity of foreign nationals seeking to import merchandise into the United States; and establishing a system for such brokers and agencies to review information maintained by relevant federal agencies to verify the identity of importers, including nonresident importers, seeking to import merchandise into the United States. The CBP shall establish a new importer program that adjusts bond amounts for new importers based on the level of risk assessed for protection of federal revenue.

Treasury shall require a single entry bond, in addition to any continuous bond, in any case in which there is a reasonable belief, based on evidence, that merchandise which may be subject to a countervailing duty (CVD) order or antidumping duty (AD) order is being entered into the United States by means of evasion.

An interagency Import Safety Working Group is established.

DHS shall develop a joint import safety rapid response plan that sets forth protocols for the CBP to:

 coordinate federal responses to cargo entering the United States that poses a threat to the health or safety of U.S. consumers, and use in recovering from or mitigating the effects of actions and responses to such an incident. Upon suspicion that merchandise is being imported into the United States in violation of U.S. trademark or copyright infringement laws, CBP shall provide the trademark or copyright owner any information appearing on the merchandise and its packaging and labels, including any unredacted images of them, if testing by the owner would assist in determining a violation.

DHS shall establish within ICE a National Intellectual Property Rights Coordination Center to coordinate U.S. activities to prevent the import and export of goods that infringe intellectual property rights.

CBP, ICE, and DHS shall take specified actions for enforcement of intellectual property rights.

 The general de minimis aggregate fair retail value in the country of shipment of duty-free articles imported by one person on one day increases from $200 to $800.

This bill also prescribes or revises requirements for:

 certain penalties for customs brokers convicted of an act of terrorism, duty-free treatment of certain federal property exported and reimported without having been advanced in value or improved in condition while abroad, duties on warranty repairs or alterations of articles exported from and then returned to the United States, exemption from duty treatment of the residue of bulk cargo contained in instruments of international traffic previously exported from the United States, drawback (refund of paid customs duties) on eligible merchandise imported into the United States and later exported or destroyed, and elimination of the consumptive demand exception to the prohibition on the importation of goods made with convict labor, forced labor, or indentured labor. DHS shall establish within the CBP Office of International Trade a Trade Remedy Law Enforcement Division (including a National Targeting and Analysis Group) to prevent and counter evasion of AD or CVD orders with respect to covered merchandise entered into the United States. The Group shall establish targeted risk assessment methodologies and standards for: evaluating the risk that cargo destined for the United States may constitute evading covered merchandise, and issuing Trade Alerts to U.S. ports of entry directing further inspection of specific merchandise to ensure compliance with U.S. trade remedy laws. This bill prescribes procedures for the CBP to initiate an investigation into whether covered merchandise is being entered into the United States through evasion upon the filing of a petition by interested parties or referral by other federal agencies, including the Department of Commerce or the United States International Trade Commission. The CBP, in cases of an affirmative final determination, shall: suspend the liquidation of each entry of covered merchandise; notify the administering authority of the determination and request identification of the AD or CVD assessment rate for the entries in which liquidation was suspended, or if no assessment rates are available, the cash deposit rate to be applied to such entries; require the posting of cash deposits and assess duties on the merchandise; and reassess the importer's bond or other security. These requirements for investigating claims of evasion of AD and CVD orders apply to goods from Mexico and Canada as well as goods from elsewhere.

trade facilitation trade enforcement act bill directs customs border_protection cbp ensure cbp partnership programs customs-trade_partnership_against_terrorism provide trade benefits importers exporters certain private sector entities meet program requirements government_accountability_office report congress effectiveness cbp enforcement customs trade laws trade enforcement cbp shall establish priorities performance standards measure levels achievement customs modernization movement merchandise united_states trade facilitation trade enforcement functions programs cbp immigration customs enforcement ice shall establish educational seminars improve cbp classification appraisal imported articles trade enforcement facilitation international_trade develop biennially joint strategic plan improving trade enforcement trade facilitation bill amends consolidated_omnibus_budget_reconciliation_act authorize appropriations fy2016 fy2018 complete development implementation automated commercial environment computer system bill amends tariff act require department_of_the_treasury treasury work head agency participating international_trade_data_system interagency steering committee ensure duties develops maintains necessary information technology infrastructure support operation submit data electronically arrange share information agency cbp treasury department_of_homeland_security dhs shall jointly establish commercial customs operations advisory_committee cbp shall develop implement cbp wide centers_of_excellence expertise dhs shall establish cbp office_of_international_trade commercial targeting division including national targeting analysis groups conduct commercial risk assessment targeting needed issue trade alerts respect cargo destined united_states treasury inspector_general shall report congress oversight revenue protection enforcement measures dhs treasury shall report jointly congress security revenue measures respect merchandise transported bond dhs shall establish program assign importer record numbers department_of_the_treasury shall prescribe minimum standards require customs brokers implement importers including nonresident importers comply reasonable procedures collecting information identify non resident importers seeking import merchandise united_states cbp shall report congress recommendations determining effective way require foreign nationals provide customs brokers accurate information comparable required nationals identity foreign nationals seeking import merchandise united_states establishing system brokers agencies review information maintained relevant federal agencies verify identity importers including nonresident importers seeking import merchandise united_states cbp shall establish new importer program adjusts bond amounts new importers based level risk assessed protection federal revenue treasury shall require single entry bond addition continuous bond case reasonable belief based evidence merchandise subject countervailing duty order antidumping duty order entered united_states means evasion interagency import safety working_group established dhs shall develop joint import safety rapid response plan sets forth protocols cbp coordinate federal responses cargo entering united_states poses threat health safety consumers use recovering mitigating effects actions responses incident suspicion merchandise imported united_states violation trademark copyright infringement laws cbp shall provide trademark copyright owner information appearing merchandise packaging labels including images testing owner assist determining violation dhs shall establish ice national intellectual property rights coordination center coordinate activities prevent import export goods infringe intellectual property rights cbp ice dhs shall specified actions enforcement intellectual property rights general minimis aggregate fair retail value country shipment duty free articles imported person day increases bill prescribes revises requirements certain penalties customs brokers convicted act terrorism duty free treatment certain federal property exported having advanced value improved condition abroad duties warranty repairs alterations articles exported returned united_states exemption duty treatment residue bulk cargo contained instruments international traffic previously exported united_states drawback refund paid customs duties eligible merchandise imported united_states later exported destroyed elimination consumptive demand exception prohibition importation goods convict labor forced labor labor dhs shall establish cbp office_of_international_trade trade remedy law enforcement division including national_targeting_and_analysis_group prevent counter evasion orders respect covered merchandise entered united_states group shall establish targeted risk assessment methodologies standards evaluating risk cargo destined united_states constitute evading covered merchandise issuing trade alerts ports entry directing inspection specific merchandise ensure compliance trade remedy laws bill prescribes procedures cbp initiate investigation covered merchandise entered united_states evasion filing petition interested parties referral federal agencies including department_of_commerce united_states international_trade_commission cbp cases affirmative final determination shall suspend liquidation entry covered merchandise notify administering authority determination request identification assessment rate entries liquidation suspended assessment rates available cash deposit rate applied entries require posting cash deposits assess duties merchandise reassess importer bond security requirements investigating claims evasion orders apply goods mexico canada goods


Summary:
Trade Enforcement Improvement Act of 2015

This bill amends the Tariff Act of 1930 to direct the U.S. International Trade Commission (ITC) to consider expanded factors when determining whether imports of merchandise receiving a countervailable subsidy from an exporting country substantially weaken the remedial effect of any countervailing duty order. These factors shall include:

 an increase in the U.S. market share of those imports after the filing by domestic manufacturers or unions of a petition for remedies, an increase in underselling of the domestic like product by the frequency or magnitude of such imports after the filing of the petition, and a weakening of the industry of the domestic like product after the petition filing. The ITC shall consider the same expanded factors when determining whether imports of merchandise at less than fair value substantially weaken the remedial effect of any antidumping duty order.

The ITC may determine that a U.S. industry is threatened with material injury if imminent future imports of subject merchandise will likely render the industry's performance materially worse than it would otherwise have been.

The Department of Homeland Security may publish semiannually in the Federal Register a list of any producer, manufacturer, supplier, seller, exporter, or other person located outside the U.S. customs territory to which the ITC has issued a penalty claim for customs violations involving fraud.

These violations include any practices aiding or abetting the transshipment, through a country not the country of origin, of textile, apparel, or any goods subject to antidumping or countervailing duty orders, in a manner concealing their true origin or permitting evasion of import quotas or duties.

 The President may publish an annual list of countries:

 in which illegal activities have occurred involving transshipped goods or activities designed to evade U.S. quotas or duties; and whose governments fail to demonstrate a good faith effort to cooperate with U.S. authorities in halting such activities.

trade enforcement improvement act bill amends tariff act direct international_trade_commission itc consider expanded factors determining imports merchandise receiving countervailable subsidy exporting country substantially weaken remedial effect countervailing duty order factors shall include increase market share imports filing domestic manufacturers unions petition remedies increase domestic like product frequency magnitude imports filing petition industry domestic like product petition filing itc shall consider expanded factors determining imports merchandise fair value substantially weaken remedial effect antidumping duty order itc determine industry threatened material injury imminent future imports subject merchandise likely render industry performance materially department_of_homeland_security publish semiannually federal_register list producer manufacturer supplier seller exporter person located outside customs territory itc issued penalty claim customs violations involving fraud violations include practices aiding abetting transshipment country country origin textile apparel goods subject antidumping countervailing duty orders manner concealing true origin permitting evasion import quotas duties president publish annual list countries illegal activities occurred involving transshipped goods activities designed evade quotas duties governments fail demonstrate good faith effort cooperate authorities activities


Summary:
Trade Deficit Reduction Act

This bill requires the Department of Labor to annually identify each country for which the following apply:

 the value of goods and services imported into the United States exceeds twice the value of goods and services exported from the United States to that country, or $100 billion; or the value of goods and services imported into and exported from the United States exceeds $1 billion. Labor shall convene a meeting of the Trade Policy Review Group to develop trade deficit reduction plans with such countries.

trade deficit reduction act bill requires department_of_labor annually identify country following apply value goods services imported united_states exceeds twice value goods services exported united_states country billion value goods services imported exported united_states exceeds billion labor shall convene meeting trade policy review group develop trade deficit reduction plans countries


Summary:
Trade Facilitation and Trade Enforcement Act of 2015

This bill directs the U.S. Customs and Border Protection (CBP) to ensure that CBP partnership programs, such as the Customs-Trade Partnership Against Terrorism, provide trade benefits to importers, exporters, and certain other private sector entities that meet program requirements.

The Government Accountability Office must report to Congress on the effectiveness of CBP enforcement of U.S. customs and trade laws (trade enforcement).

CBP shall establish priorities and performance standards to measure levels of achievement of customs modernization, the movement of merchandise into and out of the United States (trade facilitation), and trade enforcement functions and programs.

CBP and U.S. Immigration and Customs Enforcement (ICE) shall:

 establish educational seminars to improve CBP classification and appraisal of imported articles, trade enforcement, and facilitation of international trade; and develop biennially a joint strategic plan for improving trade enforcement and trade facilitation. This bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize appropriations for FY2016-FY2018 to complete the development and implementation of the Automated Commercial Environment computer system.

This bill amends the Tariff Act of 1930 to require the Department of the Treasury (Treasury) to work with the head of each agency participating in the International Trade Data System (ITDS) and the Interagency Steering Committee to ensure that, among other duties, it:

 develops and maintains the necessary information technology infrastructure to support the operation of the ITDS, submit all data to the ITDS electronically, and arrange to share information between each agency and the CBP. Treasury and the Department of Homeland Security (DHS) shall jointly establish a Commercial Customs Operations Advisory Committee.

CBP shall develop and implement CBP-wide Centers of Excellence and Expertise.

DHS shall establish within the CBP Office of International Trade a Commercial Targeting Division (including National Targeting and Analysis Groups) to conduct commercial risk assessment targeting and, when needed, issue trade alerts with respect to cargo destined for the United States.

The Treasury Inspector General shall report to Congress on oversight of revenue protection and enforcement measures.

DHS and Treasury shall report jointly to Congress on security and revenue measures with respect to merchandise transported in bond.

DHS shall establish a program to assign importer of record numbers.

CBP shall establish a new importer program that adjusts bond amounts for new importers based on the level of risk assessed for revenue protection.

An interagency Import Safety Working Group is established.

DHS shall develop a joint import safety rapid response plan that sets forth protocols for the CBP to:

 coordinate federal responses to cargo entering the United States that poses a threat to the health or safety of U.S. consumers, and use in recovering from or mitigating the effects of actions and responses to such an incident. Upon suspicion that merchandise is being imported into the United States in violation of U.S. trademark or copyright infringement laws, CBP shall provide the trademark or copyright owner any information appearing on the merchandise and its packaging and labels, including any unredacted images of them, if testing by the owner would assist in determining a violation.

DHS shall establish within ICE a National Intellectual Property Rights Coordination Center to coordinate U.S. activities to prevent the import and export of goods that infringe intellectual property rights.

CBP, ICE, and DHS shall take specified actions for enforcement of intellectual property rights.

Enforcing Orders and Reducing Customs Evasion Act of 2015

This bill amends the Tariff Act of 1930 to require CBP to:

 investigate other federal agency claims of evasion of antidumping or countervailing duties (including any cash deposits or other security) with respect to covered merchandise entered into the United States; and take specified enforcement actions if necessary, including suspension of liquidation. This bill amends the Trade Act of 1974 to revise requirements for the identification of U.S. trade expansion priorities.

The United States Trade Representative (USTR) shall consult with Congress to prioritize, investigate, and resolve acts, policies, or practices of foreign countries that raise concerns with respect to obligations under the World Trade Organization Agreements or any other trade agreement to which the United States is a party, or that otherwise creates barriers to U.S. goods, services, or investment.

The USTR may take action to suspend concessions or other obligations under the Uruguay Round Agreements Act if:

 certain action has terminated that was taken by the USTR to protect U.S. rights under any trade agreement or to eliminate an act, policy, or practice of a foreign country that violates that agreement or burdens or restricts U.S. commerce; the petitioner or any representative of the domestic industry that would benefit from reinstatement of such action requests the USTR for reinstatement; and the USTR meets certain requirements. The U.S. International Trade Commission, under the Trade Act of 1974, shall make an import monitoring tool available on a website to allow public access to data on the volume and value of imported goods to assess whether such data has changed over time.

CBP shall ensure that appropriate resources address concerns that honey as well as illicit cultural property, archaeological or ethnological materials, and fish, wildlife, and plants are being imported into the United States in violation of U.S. customs laws.

The Office of the USTR shall now include one presidentially appointed Chief Innovation and Intellectual Property Negotiator, who shall conduct trade negotiations and enforce trade agreements with respect to U.S. intellectual property as well as take appropriate actions to address foreign acts, policies, and practices with a significant adverse impact on the value of U.S. innovation.

The USTR shall develop, not later than 90 days after submission of the National Trade Estimate, an action plan of certain benchmarks for achieving adequate protection of intellectual property rights for each foreign country placed and remaining on a priority watch list for at least one year.

 The general de minimis aggregate fair retail value in the country of shipment of duty-free articles imported by one person on one day increases from $200 to $800.

This bill also prescribes or revises requirements under the Tariff Act of 1930 and the Harmonized Tariff Schedule of the United States for:

 certain penalties for customs brokers convicted of committing or conspiring to commit an act of terrorism, duty-free treatment of certain federal property exported and reimported without having been advanced in value or improved in condition while abroad, duties on warranty repairs or alterations of articles exported from and then returned to the United States, exemption from duty treatment of the residue of bulk cargo contained in instruments of international traffic previously exported from the United States, drawback (refund of paid customs duties) on eligible merchandise imported into the United States and later exported or destroyed, assignment of CBP employees to perform customs services for charter flight passengers and their baggage, and country of origin marking of certain castings imported into the United States.

trade facilitation trade enforcement act bill directs customs border_protection cbp ensure cbp partnership programs customs-trade_partnership_against_terrorism provide trade benefits importers exporters certain private sector entities meet program requirements government_accountability_office report congress effectiveness cbp enforcement customs trade laws trade enforcement cbp shall establish priorities performance standards measure levels achievement customs modernization movement merchandise united_states trade facilitation trade enforcement functions programs cbp immigration customs enforcement ice shall establish educational seminars improve cbp classification appraisal imported articles trade enforcement facilitation international_trade develop biennially joint strategic plan improving trade enforcement trade facilitation bill amends consolidated_omnibus_budget_reconciliation_act authorize appropriations fy2016 fy2018 complete development implementation automated commercial environment computer system bill amends tariff act require department_of_the_treasury treasury work head agency participating international_trade_data_system interagency steering committee ensure duties develops maintains necessary information technology infrastructure support operation submit data electronically arrange share information agency cbp treasury department_of_homeland_security dhs shall jointly establish commercial customs operations advisory_committee cbp shall develop implement cbp wide centers_of_excellence expertise dhs shall establish cbp office_of_international_trade commercial targeting division including national targeting analysis groups conduct commercial risk assessment targeting needed issue trade alerts respect cargo destined united_states treasury inspector_general shall report congress oversight revenue protection enforcement measures dhs treasury shall report jointly congress security revenue measures respect merchandise transported bond dhs shall establish program assign importer record numbers cbp shall establish new importer program adjusts bond amounts new importers based level risk assessed revenue protection interagency import safety working_group established dhs shall develop joint import safety rapid response plan sets forth protocols cbp coordinate federal responses cargo entering united_states poses threat health safety consumers use recovering mitigating effects actions responses incident suspicion merchandise imported united_states violation trademark copyright infringement laws cbp shall provide trademark copyright owner information appearing merchandise packaging labels including images testing owner assist determining violation dhs shall establish ice national intellectual property rights coordination center coordinate activities prevent import export goods infringe intellectual property rights cbp ice dhs shall specified actions enforcement intellectual property rights enforcing_orders reducing customs evasion act bill amends tariff act require cbp investigate federal agency claims evasion antidumping countervailing duties including cash deposits security respect covered merchandise entered united_states specified enforcement actions necessary including suspension liquidation bill amends trade act revise requirements identification trade expansion priorities united_states_trade_representative ustr shall consult congress prioritize investigate resolve acts policies practices foreign countries raise concerns respect obligations world_trade_organization agreements trade agreement united_states party creates barriers goods services investment ustr action suspend concessions obligations uruguay round agreements act certain action terminated taken ustr protect rights trade agreement eliminate act policy practice foreign country violates agreement burdens restricts commerce petitioner representative domestic industry benefit reinstatement action requests ustr reinstatement ustr meets certain requirements international_trade_commission trade act shall import monitoring tool available website allow public access data volume value imported goods assess data changed time cbp shall ensure appropriate resources address concerns honey illicit cultural property archaeological materials fish wildlife plants imported united_states violation customs laws office ustr shall include presidentially appointed chief innovation intellectual property shall conduct trade negotiations enforce trade agreements respect intellectual property appropriate actions address foreign acts policies practices significant adverse impact value innovation ustr shall develop later days submission national trade estimate action plan certain benchmarks achieving adequate protection intellectual property rights foreign country placed remaining priority watch list year general minimis aggregate fair retail value country shipment duty free articles imported person day increases bill prescribes revises requirements tariff act harmonized_tariff schedule united_states certain penalties customs brokers convicted committing conspiring commit act terrorism duty free treatment certain federal property exported having advanced value improved condition abroad duties warranty repairs alterations articles exported returned united_states exemption duty treatment residue bulk cargo contained instruments international traffic previously exported united_states drawback refund paid customs duties eligible merchandise imported united_states later exported destroyed assignment cbp employees perform customs services charter flight passengers baggage country origin marking certain imported united_states