If TPP and Other Trade Agreements Pass, Does the U.S. Need a Plan for Enforcing the Rules? (H.R. 644)
Do you support or oppose this bill?
What is H.R. 644?
(Updated April 19, 2018)
This bill was enacted on February 24, 2016
This used to be the "Fighting Hunger Incentive Tax Act", introduced in the House to create a permanent tax deduction for companies who make donations to nonprofits that work on reducing hunger. The bill made it through committee, and passed the House in a 279 - 137 vote — and then was brought to the Senate where it was co-opted as the legislative vehicle for something completely unrelated. Through the Senate amendment process, this bill is now the "Trade Facilitation and Trade Enforcement Act of 2015," (related to H.R. 1907), providing authority to enforce trade agreements.
In its current form, this bill aims to ensure that U.S. officials have the authority to enforce trade agreements with other countries. The bill passed the Senate in May 2015 on a 78 - 20 vote, and is now waiting for a House vote to resolve the differences.
This bill would create guidelines for how to enforce free trade agreements addressing health and safety regulations, intellectual property rights, and not letting other countries get away with shirking antidumping and countervailing duty orders . (Antidumping laws prevent foreign competitors from flooding the market with underpriced goods. Countervailing duty orders are basically fees that cancel out an imported good that was subsidized by a foreign government.)
Customs and Border Patrol (CBP) and Immigration and
Customs Enforcement (ICE) would be directed to train their
officers on how to enforce trade agreements. These agencies would
send an annual strategic plan to Congress on trade facilitation and
enforcement. When creating the plan, they would be able to ask advice
from federal agencies, international organizations, and private sector
organizations in developing the strategic plan.
Protocols would be created and taught to CPB personnel for detecting the infringement of intellectual property on cargo imported into the U.S.
There are also a number of miscellaneous provisions in this bill, like: An import broker who is found guilty of conspiring to or committing an act of terrorism would lose their license (among other things, we're sure).
Also, a loophole allowing the U.S. to accept imports from other countries that were clearly created with forced or indentured labor would be closed. Basically, no more goods from other countries created with labor that doesn't meet human rights standards.
The importance of the U.S.-Israel trade relationship would also be emphasized, and the U.S. would discourage foreign countries from boycotting, divesting, or sanctioning Israel. The President would be required to report instances of politically-motivated instances of these actions to Congress.Argument in favor
Trade agreements need strong enforcement provisions to keep other countries from breaking the rules of the deal. These will help protect American workers from unscrupulous competition.
Argument opposed
Politicians should be more worried about how many jobs the U.S. is going to lose with these trade agreements than how they can keep other countries from finding clever ways to dodge the trade rules.
Impact
U.S. workers, their employers, all businesses and organizations importing goods into the U.S., CBP, ICE, DHS, other related federal agencies.
Cost of H.R. 644
A CBO cost estimate is unavailable.
Additional Info
In-Depth: The intent of this legislation was summed up by one of its cosponsors, Rep. Charles Boustany (R-LA), who said:
"If foreign actors choose to violate our trade laws, we must ensure they face serious consequences."
A Trade Remedy Law Enforcement Division would be created in the CBP’s to focus on preventing and investigating trade remedy evasion and coordinate with CBP and ICE on those issues. Trade remedies are laws used by the U.S. and its trading partners to lessen the negative impact of trade agreements on the U.S. labor force. This division would also enforce antidumping laws and countervailing duty orders.
It would provide federal agencies the ability to participate in the International Trade Data System (ITDS) that could be used in monitoring trade data and flows of cargo, in addition to authorizing the release of cargo based on a given agency’s verification.
Customs and Border Patrol would get a new task force known as the "Commercial Targeting Division" to come up with ways to analyze data related to Primary Trade Issues (PTIs). This would include an alert system to ensure safety when inspecting or transporting cargo, and preventing smuggling.
Media:
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H.R. 1907 Sponsoring Rep. Pat Tiberi (R-OH) Press Release
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H.R. 1907 Co-Sponsoring Rep. Kevin Brady (R-OH) Press Release
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House Ways and Means Committee Section-by-Section Summary
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The Ripon Advance
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Southern Shrimp Alliance (In Favor)
Summary by Eric Revell
(Photo Credit: Flickr user Tristan Taussac)
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