[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3431 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3431
To amend the Tariff Act of 1930 to strengthen the authorities of U.S.
Customs and Border Protection to enforce the customs and trade laws of
the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2023
Mr. Cassidy (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 to strengthen the authorities of U.S.
Customs and Border Protection to enforce the customs and trade laws of
the United States, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Customs
Modernization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVED COLLECTION AND USE OF INFORMATION
Sec. 101. Modification of requirements for filing of entry
documentation.
Sec. 102. Expansion of recordkeeping requirements relating to
importation.
Sec. 103. Expansion of authority of U.S. Customs and Border Protection
to obtain information relating to
importation and trade enforcement.
Sec. 104. Use of mandatory advance electronic information for cargo.
TITLE II--STRENGTHENED ENFORCEMENT OF IMPORT AND EXPORT PROHIBITIONS
Sec. 201. Examination and testing of merchandise that infringes
intellectual property rights.
Sec. 202. Seizure and forfeiture and disposition of, and expanded
liability for, merchandise bearing a
counterfeit mark or infringing a copyright.
Sec. 203. Summary forfeiture of certain merchandise.
TITLE III--LIABILITY FOR VIOLATIONS OF CUSTOMS AND TRADE LAWS
Sec. 301. Expansion of liability for certain violations of arrival,
reporting, entry, and clearance
requirements.
Sec. 302. Modification of standards and penalties for fraud and
negligence.
Sec. 303. Expansion of liability for aiding unlawful importation and
exportation.
Sec. 304. Procedures for investigating claims of evasion of antidumping
and countervailing duty orders.
Sec. 305. Obstruction of investigations.
Sec. 306. Modification of bonding requirements.
Sec. 307. Treatment of importations involving suspended or debarred
persons.
TITLE IV--ADMINISTRATIVE EXEMPTIONS FROM DUTIES
Sec. 401. Collection and use of data relating to eligibility for
administrative exemption to duties.
Sec. 402. Streamlined disposition of merchandise subject to
administrative exemptions.
TITLE V--OTHER MATTERS
Sec. 501. Protests against decisions of U.S. Customs and Border
Protection.
Sec. 502. Reduction of administrative burdens.
Sec. 503. Authority to conduct communications electronically.
Sec. 504. Disclosure of vessel, aircraft, or vehicle manifest
information.
TITLE I--IMPROVED COLLECTION AND USE OF INFORMATION
SEC. 101. MODIFICATION OF REQUIREMENTS FOR FILING OF ENTRY
DOCUMENTATION.
(a) Electronic Filing.--Section 484(a) of the Tariff Act of 1930
(19 U.S.C. 1484(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``with respect to
merchandise'' after ``paragraph (2)(B)''; and
(ii) by inserting after ``reasonable care''
the following: ``make entry therefor by filing
with U.S. Customs and Border Protection,
pursuant to an authorized electronic data
interchange system'';
(B) in subparagraph (A)--
(i) by striking ``make entry'' and all that
follows through ``interchange system, such''
and inserting ``such documentation or''; and
(ii) by striking the semicolon and
inserting ``; and''; and
(C) in subparagraph (B)--
(i) by striking ``complete the entry'' and
all that follows through ``with the Customs
Service''; and
(ii) by striking ``, pursuant to an
electronic data interchange system, such
other'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the second sentence, by striking
``regulations shall provide'' and inserting
``regulations may provide''; and
(ii) in the third sentence, by striking
``paragraph (1)(A)'' and inserting ``paragraph
(1)''; and
(B) in subparagraph (B), in the first sentence, by
striking ``filed or electronically transmitted'' and
inserting ``electronically filed''; and
(3) by adding at the end the following:
``(3) Exemptions from electronic filing requirement.--The
Secretary may, for such reasons as the Secretary deems
necessary, exempt the filing of documentation or information
required under this section from the requirement that the
documentation or information be filed through an authorized
electronic data interchange system, including by providing for
temporary exemptions to that requirement.''.
(b) Provision of Advance Information.--Section 484(a)(2) of the
Tariff Act of 1930, as amended by subsection (a)(2), is further amended
by adding at the end the following:
``(D) Provision of advance information.--
``(i) In general.--Upon request by a party that
would qualify as an importer of record or an authorized
agent of that party and under such regulations as the
Secretary may prescribe, U.S. Customs and Border
Protection may--
``(I) permit the party or agent, or a party
other than the party or agent, to provide to
U.S. Customs and Border Protection
documentation or information with respect to
merchandise in advance of entry of the
merchandise; and
``(II) permit the importer of record to,
using reasonable care, convert that
documentation or information into a filing
under subparagraph (B), subject to the
certification requirement under subsection (d).
``(ii) Type of documentation or information and
usage.--Documentation or information with respect to
merchandise provided to U.S. Customs and Border
Protection pursuant to regulations prescribed by the
Secretary under clause (i) may be used by U.S. Customs
and Border Protection for any lawful purpose.
``(iii) Accuracy of documentation and
information.--
``(I) In general.--A party providing
documentation or information under clause
(i)(I) shall ensure that the documentation or
information is true and correct to the best of
the knowledge and belief of the party, subject
to any penalties authorized by law.
``(II) Exception.--The Secretary shall, in
the regulations prescribed under clause (i),
permit a party to provide to U.S. Customs and
Border Protection documentation or information
under clause (i)(I) on the basis of the
reasonable belief of the party that the
documentation or information is true and
correct if the party is not reasonably able to
verify the documentation or information.
``(iv) Civil penalty.--
``(I) In general.--Any person who violates
the regulations prescribed under this
subparagraph is liable for a civil penalty in
an amount not to exceed--
``(aa) $5,000 for the first
violation; and
``(bb) $10,000 for each subsequent
violation.
``(II) Assessment per unit.--A penalty
imposed under this clause shall be assessed per
item on the bill of lading.
``(III) Additional penalties.--A penalty
imposed under this clause may be in addition to
any other penalty provided by law.
``(IV) Remission; mitigation.--A penalty
imposed under this clause may be remitted or
mitigated, as appropriate, under section 618.
``(v) Regulations.--Except with respect to
merchandise the importation of which into the United
States is prohibited or merchandise subject to a
presumption of inadmissibility by operation of law, the
Secretary, in promulgating such regulations as may be
necessary to carry out the provisions of this
subparagraph, shall give due consideration, where
appropriate, with respect to the manner in which
documentation or information that is provided to U.S.
Customs and Border Protection prior to entry of the
merchandise to which the documentation or information
relates, and pursuant to such regulations, will support
trade facilitation (as defined in section 2 of the
Trade Facilitation and Trade Enforcement Act of 2015
(19 U.S.C. 4301)), including whether such documentation
or information would--
``(I) facilitate the priority processing
and expedited release of merchandise from
customs custody;
``(II) reduce redundancies in the trade
data that parties in a supply chain are
required to provide; and
``(III) allow for the opportunity to
resolve requests for additional information
prior to departure or arrival of the
merchandise.
``(vi) Definition.--In this subparagraph, the terms
`provide', `providing', and `provision', with respect
to documentation or information provided to U.S.
Customs and Border Protection, include--
``(I) the submission or transmission of the
documentation or information;
``(II) the provision of the documentation
or information in a manner that is progressive
over time, as long as such provision concludes
prior to conversion into an entry filing under
subparagraph (B), and may include documentation
or information that is also provided to U.S.
Customs and Border Protection pursuant to other
requirements or authorities; and
``(III) otherwise making available to U.S.
Customs and Border Protection the documentation
or information in accordance with such terms
and conditions as the Secretary may by
regulation prescribe.''.
(c) Release of Merchandise.--Section 484(c) of the Tariff Act of
1930 is amended to read as follows:
``(c) Release of Merchandise.--
``(1) In general.--U.S. Customs and Border Protection may
permit the entry and release of merchandise from customs
custody in accordance with such regulations as the Secretary
may prescribe.
``(2) Liability of customs officers.--No employee of U.S.
Customs and Border Protection shall be liable to any person
with respect to the delivery of merchandise released from
customs custody in accordance with regulations prescribed under
paragraph (1).''.
(d) Certification of Entry Filings.--Section 484(d) of the Tariff
Act of 1930 is amended--
(1) in the subsection heading, by striking ``Signing'' and
inserting ``Certification'';
(2) in paragraph (1)--
(A) by striking ``Entries shall be'' and all that
follows through ``transmission of data'' and inserting
``Each filing under subsection (a)(2)(B)'';
(B) by striking ``his agent'' and inserting ``an
agent of the importer of record'';
(C) by striking ``his knowledge and belief'' and
inserting ``the knowledge and belief of the importer of
record or agent''; and
(D) by striking ``The entry shall'' and inserting
``If exempt from electronic filing, the entry shall be
signed by the importer of record or agent. The entry
shall''; and
(3) in paragraph (2)--
(A) by striking ``imported merchandise bears'' and
inserting the following: ``imported merchandise--
``(A) bears'';
(B) by striking the period at the end and inserting
``; or''; and
(C) by adding at the end the following:
``(B) infringes a copyright in violation of section 602 of
title 17, United States Code.''.
(e) Technical and Conforming Amendments.--Section 484 of the Tariff
Act of 1930, as amended by this section, is further amended--
(1) in subsection (b)(1), in the third sentence, by
striking ``subsection (a)(1)(B)'' and inserting ``subsection
(a)(1)'';
(2) by striking ``the Bureau of Customs and Border
Protection'' each place it appears and inserting ``U.S. Customs
and Border Protection''; and
(3) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection''.
SEC. 102. EXPANSION OF RECORDKEEPING REQUIREMENTS RELATING TO
IMPORTATION.
Section 508(a) of the Tariff Act of 1930 (19 U.S.C. 1508(a)) is
amended--
(1) in paragraph (1)(B), by inserting ``, directs, or
facilitates'' after ``causes'';
(2) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (3)--
(A) by striking ``person whose'' and inserting the
following: ``person--
``(A) whose'';
(B) by striking the semicolon and inserting ``;
or''; and
(C) by adding at the end the following:
``(B) that submits, transmits, or otherwise makes
available or visible to U.S. Customs and Border
Protection documentation or information under the
customs and trade laws of the United States (as defined
in section 2 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4301)) administered
by U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement; or'';
(4) by inserting after paragraph (3) the following:
``(4) owner or operator of a commercial or marketing
platform or marketplace, including an electronic commerce
platform or marketplace, through which merchandise that is
imported into the United States is offered for sale or purchase
within the United States;''; and
(5) in the flush text following paragraph (4), as so
inserted, by striking subparagraph (A) and inserting the
following:
``(A) pertain to--
``(i) any such activity;
``(ii) the role of the party in a transaction
resulting in the sale or purchase of imported
merchandise within the United States; or
``(iii) the information contained in the records
required by the customs and trade laws of the United
States in connection with any such activity or
transaction; and''.
SEC. 103. EXPANSION OF AUTHORITY OF U.S. CUSTOMS AND BORDER PROTECTION
TO OBTAIN INFORMATION RELATING TO IMPORTATION AND TRADE
ENFORCEMENT.
(a) In General.--Section 509(a) of the Tariff Act of 1930 (19
U.S.C. 1509(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``insuring'' and all that follows through ``charge)'' and
inserting the following: ``ensuring compliance with the customs
and trade laws of the United States (as defined in section 2 of
the Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4301)) administered by U.S. Customs and Border
Protection or U.S. Immigration and Customs Enforcement, the
Secretary (but no delegate of the Secretary below the rank of
port director, director of a Center of Excellence and
Expertise, field director of regulatory audit, or special agent
in charge)'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``except that'' and inserting ``and'';
(B) in subparagraph (A), by striking ``by law'' and
all that follows through ``Customs Service within'' and
inserting the following: ``to be kept under section
508, the record shall be provided to the agency
demanding the record within''; and
(C) in subparagraph (B), by striking ``the demand''
and all that follows and inserting the following: ``the
demand--
``(i) the person may be subject to penalty
under subsection (g); and
``(ii) if U.S. Customs and Border
Protection determines that the person has
failed to make reasonable efforts to comply
with the demand, U.S. Customs and Border
Protection may use, in selecting from among the
facts otherwise available, an inference that is
adverse to the interests of the person in--
``(I) ascertaining the correctness
of any entry; and
``(II) determining the liability of
any person for--
``(aa) fines and penalties;
and
``(bb) duty, fees, and
taxes that may be due to the
United States.''; and
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by redesignating clauses (ii), (iii),
and (iv) as clauses (iii), (iv), and (v),
respectively, and by moving such clauses, as so
redesignated, 2 ems to the left;
(ii) by striking ``(A) the person who--''
and all that follows through ``Act),'' and
inserting the following:
``(A)(i) a person that imported, or knowingly
caused to be imported, merchandise into the customs
territory of the United States, or participated in,
facilitated, or was otherwise knowingly connected or
related to the importation of merchandise;
``(ii) a vehicle producer whose good is subject to
a claim of preferential tariff treatment under the
USMCA (as defined in section 3 of the United States-
Mexico-Canada Agreement Implementation Act (19 U.S.C.
4502)),'';
(iii) in clause (iii), as redesignated by
clause (i), by inserting ``a person that''
before ``exported merchandise'';
(iv) in clause (iv), as so redesignated--
(I) by inserting ``a person that''
before ``transported''; and
(II) by striking ``storage, or''
and inserting ``storage,'';
(v) in clause (v), as so redesignated--
(I) by inserting ``a person that''
before ``filed''; and
(II) by striking ``the Customs
Service;'' and inserting the following:
``U.S. Customs and Border Protection,
or submitted, transmitted, or otherwise
made available or visible to U.S.
Customs and Border Protection
documentation or information under the
customs and trade laws of the United
States (as defined in section 2 of the
Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C.
4301)) administered by U.S. Customs and
Border Protection or U.S. Immigration
and Customs Enforcement, or''; and
(vi) by adding at the end the following:
``(v) an owner or operator of a commercial or
marketing platform or marketplace through which
merchandise that is imported into the United States is
offered for sale or purchase within the United
States;''; and
(B) in the flush text following subparagraph (D),
by striking ``records, as defined in subsection
(d)(1)(A)'' and inserting ``records, which may include
records defined in subsection (d)(1)(A)''.
(b) Definition of Records.--Section 509(d)(1)(A) of the Tariff Act
of 1930 (19 U.S.C. 1509(d)(1)(A)) is amended--
(1) in clause (i), by striking ``; or'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) that pertain to nonpayment of all
or a portion of any lawful duties, taxes, or
fees that may be due to the United States.''.
(c) Identification of Records and Information.--Section 509(e) of
the Tariff Act of 1930 (19 U.S.C. 1509(e)) is amended to read as
follows:
``(e) Identification of Records and Information.--The Commissioner
of U.S. Customs and Border Protection shall prescribe regulations
identifying the records and information required to be maintained and
produced under subsection (a)(1)(A).''.
(d) Technical Amendments.--Section 509 of the Tariff Act of 1930,
as amended by this section, is further amended by striking ``the
Customs Service'' each place it appears and inserting ``U.S. Customs
and Border Protection''.
SEC. 104. USE OF MANDATORY ADVANCE ELECTRONIC INFORMATION FOR CARGO.
Section 343 of the Customs Border Security Act of 2002 (19 U.S.C.
1415) is amended--
(1) in subsection (a)--
(A) in paragraph (2), in the first sentence, by
striking ``cargo safety'' and all that follows through
``Customs Service'' and inserting ``compliance with
customs and trade laws of the United States (as defined
in section 2 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4301)) administered
by U.S. Customs and Border Protection''; and
(B) in paragraph (3), by striking subparagraph (F)
and inserting the following:
``(F)(i) Except as provided by clause (ii), the
information collected pursuant to the regulations may
be used for any lawful purpose or reason, as determined
by the Secretary.
``(ii) All information collected pursuant to the
regulations may be shared only in accordance with the
law, including section 628 of the Tariff Act of 1930
(19 U.S.C. 1628) and regulations prescribed under that
section.''; and
(2) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection''.
TITLE II--STRENGTHENED ENFORCEMENT OF IMPORT AND EXPORT PROHIBITIONS
SEC. 201. EXAMINATION AND TESTING OF MERCHANDISE THAT INFRINGES
INTELLECTUAL PROPERTY RIGHTS.
(a) Expansion of Information That May Be Provided.--Section 628A of
the Tariff Act of 1930 (19 U.S.C. 1628a) is amended--
(1) in the section heading, by striking ``exchange of
information related to trade enforcement'' and inserting
``examination and testing of merchandise that infringes
intellectual property rights'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``suspects'' and inserting
``has a reasonable suspicion''; and
(ii) by inserting after ``and testing'' the
following: ``, may provide to the person'';
(B) in paragraph (1)--
(i) by striking ``shall provide to the
person''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(C) in paragraph (2)--
(i) by striking ``may'' and all that
follows through ``the person'' and inserting
``subject to any applicable bonding
requirements,''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(3) subject to subsection (e), nonpublic information that
has been provided to, or shared with, U.S. Customs and Border
Protection about the merchandise generated by an online
marketplace or other similar market platform, an express
consignment operator, a freight forwarder, or any other entity
that plays a role in the sale or importation, or facilitation
of the sale or importation, of merchandise into the United
States.''; and
(3) by adding at the end the following:
``(e) Notification.--If U.S. Customs and Border Protection provides
under subsection (a)(3) nonpublic information to a person described in
subsection (b), U.S. Customs and Border Protection shall provide to
that person notification of the information so provided, in accordance
with such regulations as the Secretary may prescribe.''.
(b) Sharing of Importation Data Related to Trade Enforcement.--The
Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended by inserting
after section 628A the following:
``SEC. 628B. EXCHANGE OF SHIPMENT INFORMATION RELATED TO TRADE
ENFORCEMENT.
``(a) In General.--Subject to subsection (d), and pursuant to
regulations prescribed by the Secretary of the Treasury, the
Commissioner of U.S. Customs and Border Protection may provide
information about a shipment to a person described in subsection (b) if
the Commissioner determines that--
``(1) the shipment is being imported into the United States
in violation of section 526(e) of this Act or section 602,
1201(a)(2), or 1201(b)(1) of title 17, United States Code; or
``(2) subject to subsection (d), sharing of information
with respect to the shipment with a person described in
subsection (b) would promote compliance with the customs and
trade laws of the United States (as defined in section 2 of the
Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C.
4301)).
``(b) Person Described.--A person described in this subsection,
with respect to a shipment described in subsection (a), is--
``(1) a person described in section 628A(b);
``(2) an online marketplace or other similar market
platform that facilitates the importation of merchandise into
the United States or the sale of imported merchandise in the
United States;
``(3) an express consignment operator;
``(4) a freight forwarder; or
``(5) any other entity that plays a role in the sale or
importation, or facilitation of the sale or importation, of
merchandise into the United States.
``(c) Notification.--If U.S. Customs and Border Protection provides
under subsection (a)(2) information to a person described in subsection
(b), U.S. Customs and Border Protection shall provide to that person
notification of the information so provided, in accordance with such
regulations as the Secretary may prescribe.
``(d) Exception.--The Commissioner may not provide information
under subsection (a) to a person described in subsection (b) if
providing that information would compromise an ongoing law enforcement
investigation or national security.''.
SEC. 202. SEIZURE AND FORFEITURE AND DISPOSITION OF, AND EXPANDED
LIABILITY FOR, MERCHANDISE BEARING A COUNTERFEIT MARK OR
INFRINGING A COPYRIGHT.
(a) Seizure and Forfeiture and Disposition.--Section 526(e) of the
Tariff Act of 1930 (19 U.S.C. 1526(e)) is amended to read as follows:
``(e) Seizure and Forfeiture and Disposition of Merchandise Bearing
a Counterfeit Mark or Infringing a Copyright.--
``(1) In general.--Merchandise described in paragraph (2)
shall--
``(A) be seized or otherwise interdicted pursuant
to such regulations as the Secretary shall prescribe;
and
``(B) in the absence of the written consent of the
owner of the mark or copyright being infringed, be
forfeited for violations of the customs laws.
``(2) Merchandise described.--Merchandise described in this
paragraph is--
``(A) merchandise bearing a counterfeit mark that
is--
``(i) imported into the United States in
violation of the provisions of section 42 of
the Lanham Act (15 U.S.C. 1124); or
``(ii) exported or sent from the United
States or attempted to be exported or sent from
the United States; or
``(B) merchandise that is imported into or exported
from the United States in violation of section 602 of
title 17, United States Code.
``(3) Summary forfeiture.--
``(A) In general.--In the case of merchandise
described in subparagraph (B)--
``(i) such merchandise may be summarily
forfeited for violations of the customs laws;
and
``(ii) title to such merchandise shall vest
immediately in the United States.
``(B) Merchandise described.--Merchandise is
described in this subparagraph if--
``(i) the merchandise is merchandise
described in paragraph (2); and
``(ii)(I) in the case of merchandise being
imported or attempted to be imported, an
administrative exemption under section
321(a)(2)(C) is claimed with respect to the
merchandise; or
``(II) in the case of merchandise being
exported or sent or attempted to be exported or
sent from the United States, the aggregate
value of the shipment of the merchandise at the
time the merchandise is exported or sent from
the United States or attempted to be exported
or sent from the United States is equal to or
less than $800.
``(C) Notice.--Upon seizure of merchandise
described in subparagraph (B), the Secretary shall
notify the owner of the mark or copyright being
infringed in such form and manner as the Secretary
shall prescribe by regulation, which may include
communication through an authorized electronic data
interchange system.
``(4) Disposition of merchandise.--After forfeiture of
merchandise under paragraph (1)--
``(A) the Secretary shall destroy the merchandise;
or
``(B) if the merchandise is not unsafe or a hazard
to health, and the Secretary has the consent of the
owner of the mark or copyright being infringed, the
Secretary may obliterate the mark where feasible and
dispose of the merchandise--
``(i) by delivery to such Federal, State,
and local government agencies as in the opinion
of the Secretary have a need for such
merchandise;
``(ii) by gift to such eleemosynary
institutions as in the opinion of the Secretary
have a need for such merchandise; or
``(iii) more than 90 days after the date of
forfeiture, by sale by U.S. Customs and Border
Protection at public auction under such
regulations as the Secretary prescribes, except
that before making any such sale the Secretary
shall determine that no Federal, State, or
local government agency or eleemosynary
institution has established a need for such
merchandise under clause (i) or (ii).
``(5) Definition.--In this subsection:
``(A) Counterfeit mark.--The term `counterfeit
mark' means a mark that is counterfeit within the
meaning of section 45 of the Lanham Act (15 U.S.C.
1127).
``(B) Lanham act.--The term `Lanham Act' means the
Act entitled `An Act to provide for the registration
and protection of trademarks used in commerce, to carry
out the provisions of certain international
conventions, and for other purposes', approved July 5,
1946 (commonly known as the `Trademark Act of 1946' or
the `Lanham Act') (15 U.S.C. 1051 et seq.).
``(C) Mark.--The term `mark' has the meaning given
that term in section 45 of the Lanham Act (15 U.S.C.
1127).''.
(b) Expansion of Liability for Importing Merchandise Bearing a
Counterfeit Mark or Infringing a Copyright.--Section 526(f) of the
Tariff Act of 1930 (19 U.S.C. 1526(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``assists'' and inserting ``or
assists,''; and
(B) by striking ``the importation'' and all that
follows through ``subsection (e)'' and inserting ``any
importation or exportation of merchandise in violation
of subsection (e)'';
(2) in paragraph (2), by inserting ``or for the first
interdiction of such merchandise for which notice has been
provided pursuant to such regulations as the Secretary shall
prescribe,'' after ``such seizure,'';
(3) in paragraph (3), by inserting ``or for the second
interdiction and thereafter of such merchandise for which
notice has been provided pursuant to such regulations as the
Secretary shall prescribe,'' after ``thereafter,''; and
(4) in paragraph (4), by striking ``the Customs Service''
and inserting ``U.S. Customs and Border Protection''.
(c) Conforming Amendment.--Section 526 of the Tariff Act of 1930
(19 U.S.C. 1526) is amended, in the section heading, by inserting ``or
protected copyrighted work'' after ``trade-mark''.
SEC. 203. SUMMARY FORFEITURE OF CERTAIN MERCHANDISE.
(a) Merchandise Imported or Exported Contrary to Law.--Section 596
of the Tariff Act of 1930 (19 U.S.C. 1595a) is amended--
(1) by adding at the end the following:
``(e) Summary Forfeiture.--
``(1) In general.--Merchandise described in paragraph (2)
may be summarily forfeited to the United States and title shall
vest immediately in the United States.
``(2) Merchandise described.--Merchandise is described in
this paragraph if--
``(A)(i) in the case of merchandise being imported
or attempted to be imported, an administrative
exemption under section 321(a)(2)(C) is claimed with
respect to the merchandise; or
``(ii) in the case of merchandise being exported or
sent or attempted to be exported or sent from the
United States, the aggregate value of the shipment of
the merchandise at the time the merchandise is exported
or sent from the United States or attempted to be
exported or sent from the United States is equal to or
less than $800; and
``(B) the merchandise is--
``(i) a controlled substance, as defined in
section 102 of the Controlled Substances Act
(21 U.S.C. 802), in schedule III, IV, or V
under section 202 of that Act (21 U.S.C. 812),
imported or exported contrary to law and seized
under subsection (c)(1)(B) or (d);
``(ii) merchandise--
``(I) that is--
``(aa) subject to any
restriction or prohibition on
its importation under section
536 or 801 of the Federal Food,
Drug, and Cosmetic Act (21
U.S.C. 360mm and 381); and
``(bb) is not in
compliance, as applicable, with
the Federal Food and Drug
Cosmetic Act (21 U.S.C. 301 et
seq.) or section 351 or 361 of
the Public Health Service Act
(42 U.S.C. 262 and 264); and
``(II) seized under subsection
(c)(2)(A) or (d); or
``(iii) merchandise that--
``(I)(aa) bears a counterfeit mark
or otherwise infringes a copyright; or
``(bb) is capable of circumventing
technological measures for protection
of a copyright; and
``(II) is seized under subparagraph
(C) or (G) of subsection (c)(2) or
subsection (d).
``(3) Notice.--In any case in which merchandise is
summarily forfeited pursuant to this subsection, U.S. Customs
and Border Protection shall notify the carrier of the
merchandise in such form and manner as the Secretary shall
prescribe by regulation, which may include communication
through an authorized electronic data interchange system.
``(4) Rule of construction.--Nothing in this subsection may
be construed to affect the discretion of the Commissioner to
impose a penalty as provided by law instead of using the
authority provided by paragraph (1).''; and
(2) in the section heading, by inserting ``and
exportation'' after ``importation''.
(b) Vessels, Vehicles, and Aircraft Used To Transport Merchandise
Illegally.--Section 607 of the Tariff Act of 1930 (19 U.S.C. 1607) is
amended--
(1) in subsection (a), in the flush text following
paragraph (4), by inserting ``subject to subsection (d),''
before ``the appropriate customs officer''; and
(2) by adding at the end the following:
``(d) Summary Forfeiture.--In the case of merchandise seized under
section 526(e) or subject to summary forfeiture under section 596(e)--
``(1) the provisions of subsection (a) shall not apply; and
``(2) the merchandise may be summarily forfeited and title
shall vest immediately in the United States pursuant to such
regulations as the Secretary shall prescribe.''.
TITLE III--LIABILITY FOR VIOLATIONS OF CUSTOMS AND TRADE LAWS
SEC. 301. EXPANSION OF LIABILITY FOR CERTAIN VIOLATIONS OF ARRIVAL,
REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS.
Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``the Customs
Service'' and inserting ``U.S. Customs and Border
Protection''; and
(B) by striking ``section 4197 of the Revised
Statutes of the United States (46 U.S.C. App. 91)''
each place it appears and inserting ``section 60105 of
title 46, United States Code'';
(2) in subsection (b)--
(A) by striking ``Any master'' and inserting the
following:
``(1) In general.--Any master'';
(B) by striking ``or aircraft pilot'' and inserting
``aircraft pilot, or other person''; and
(C) by adding at the end the following:
``(2) Provision of incorrect information.--Any person who
knowingly provides incorrect information, or provides incorrect
information in deliberate or reckless ignorance of the truth or
falsity of the information, to a person described in paragraph
(1) who is required to present or transmit that information to
U.S. Customs and Border Protection pursuant to section 431,
433, or 434 of this Act or section 60105 of title 46, United
States Code, is liable for a civil penalty of $5,000 for the
first violation, and $10,000 for each subsequent violation.'';
and
(3) in subsection (d)--
(A) in the first sentence, by striking ``or
aircraft pilot'' and inserting ``aircraft pilot, or
other person described in subsection (b)(1)''; and
(B) in the second sentence--
(i) by striking ``or pilot shall'' and
inserting ``aircraft pilot, or other person
described in subsection (b)(1) may''; and
(ii) by striking ``liable to'' and
inserting ``liable for''.
SEC. 302. MODIFICATION OF STANDARDS AND PENALTIES FOR FRAUD AND
NEGLIGENCE.
(a) Standards for Fraud and Negligence.--Section 592 of the Tariff
Act of 1930 (19 U.S.C. 1592) is amended--
(1) in the section heading, by striking ``, gross
negligence,''; and
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``, gross negligence,'';
(ii) in subparagraph (A)(ii), by striking
``, or'' and inserting a semicolon;
(iii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iv) by adding at the end the following:
``(C) may direct or facilitate the entry or
introduction of merchandise in violation of
subparagraph (A).'';
(B) by adding at the end the following:
``(3) Standards for fraud and negligence.--
``(A) Fraud.--A violation of paragraph (1) is by
fraud if the violation results from an act (including
the transmission of a statement or document to U.S.
Customs and Border Protection) or omission, done
knowingly or with deliberate ignorance or reckless
disregard of the offender's obligations to act in
accordance with applicable provisions of law.
``(B) Negligence.--A violation of paragraph (1) is
by negligence if the violation results from an act
(including the transmission of a statement or document
to U.S. Customs and Border Protection) or omission done
through the failure to exercise the degree of
reasonable care--
``(i) to ensure that statements made and
information provided in connection with the
importation of merchandise are complete and
accurate; or
``(ii) to perform any material act required
by the customs and trade laws of the United
States (as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015
(19 U.S.C. 4301)) or any regulation prescribed
pursuant to such laws.'';
(3) in subsection (c)--
(A) by striking paragraph (2); and
(B) in paragraph (4)(B), by striking ``or gross
negligence'';
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by
inserting after ``this section'' the following: ``,
without regard to whether U.S. Customs and Border
Protection asserts that the violation to which the
penalty relates was done by fraud or negligence'';
(B) by striking paragraph (3); and
(C) by redesignating paragraph (4) as paragraph
(3); and
(5) in subsections (f) through (l), by striking ``, gross
negligence,'' each place it appears.
(b) Penalty Procedures.--Section 592(b) of the Tariff Act of 1930
(19 U.S.C. 1592(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (ii)--
(I) by striking ``, or'' and
inserting a comma; and
(II) by inserting before the
semicolon the following: ``, or the
direction or facilitation of the entry
or introduction'';
(ii) in clause (v), by striking ``whether''
and all that follows through ``or negligence''
and inserting ``the alleged level of
culpability''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Exceptions.--U.S. Customs and Border
Protection is not required to issue a notice under
subparagraph (A) if--
``(i) the importation with respect to which
the violation of subsection (a) occurs is
noncommercial in nature, or
``(ii) the amount of the penalty in the
penalty claim issued under paragraph (2) is
less than an amount established by the
Secretary by regulation.'';
(2) by amending paragraph (2) to read as follows:
``(2) Penalty claim.--
``(A) Determination of violations.--U.S. Customs
and Border Protection shall determine whether any
violation of subsection (a) has occurred after
considering representations, if any, made by the person
concerned.
``(B) Effect of negative determination.--If U.S.
Customs and Border Protection determines under
subparagraph (A) that a person described in that
subparagraph did not violate subsection (a), U.S.
Customs and Border Protection shall promptly issue a
written statement of the determination to that person.
``(C) Effect of affirmative determination.--
``(i) Issuance of penalty claim.--If U.S.
Customs and Border Protection determines under
subparagraph (A) that a person described in
that subparagraph violated subsection (a), U.S.
Customs and Border Protection shall issue a
written penalty claim to that person.
``(ii) Contents.--A written penalty claim
issued under clause (i) with respect to a
violation of subsection (a) shall specify--
``(I) the information described in
clauses (i) through (vi) of paragraph
(1)(A); and
``(II) if a notice was issued under
paragraph (1)(A) with respect to the
violation, any changes to the
information described in clauses (i)
through (vi) of that paragraph.
``(D) Opportunity to make representations.--
``(i) In general.--Except as provided by
clause (iii), a person to which U.S. Customs
and Border Protection issues a penalty claim
under subparagraph (C) shall have a reasonable
opportunity under section 618 to make
representations, both oral and written, seeking
remission or mitigation of the monetary
penalty.
``(ii) Final determination.--At the
conclusion of any proceeding under section 618
described in clause (i), U.S. Customs and
Border Protection shall provide to the person
to which U.S. Customs and Border Protection
issued a penalty claim a written statement
(which may be issued electronically) that sets
forth the final determination and the findings
of fact and conclusions of law on which that
determination is based.
``(iii) Violations by fraud.--A penalty for
a violation of subsection (a) by fraud may be
enforced in the United States Court of
International Trade without the issuance of a
notice under paragraph (1)(A) or an
administrative proceeding under section 618.''.
(c) Court of International Trade Proceedings.--Section 592(e) of
the Tariff Act of 1930 (19 U.S.C. 1592(e)) is amended--
(1) in the matter preceding paragraph (1), by inserting
after ``under this section'' the following: ``(without regard
to the level of culpability asserted by U.S. Customs and Border
Protection in any proceeding under subsection (b))'';
(2) in paragraph (2), by striking the semicolon and
inserting ``; and'';
(3) by striking paragraph (3); and
(4) by redesignating paragraph (4) as paragraph (3).
(d) Technical Amendment.--Section 592 of the Tariff Act of 1930 (19
U.S.C. 1592), as amended by this section, is further amended by
striking ``the Customs Service'' each place it appears and inserting
``U.S. Customs and Border Protection''.
SEC. 303. EXPANSION OF LIABILITY FOR AIDING UNLAWFUL IMPORTATION AND
EXPORTATION.
Section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a) is
amended--
(1) by amending subsection (b) to read as follows:
``(b) Penalty.--
``(1) In general.--A person is liable for a penalty not to
exceed the domestic value of an article or articles introduced
or attempted to be introduced into the United States contrary
to law if the person directs, assists financially or otherwise,
or is in any way concerned in--
``(A) the importation, introduction, bringing in,
unlading, landing, removal, concealing, harboring, or
subsequent transportation of the article or articles;
or
``(B) the attempted importation, introduction,
bringing in, unlading, landing, removal, concealing,
harboring, or subsequent transportation of the article
or articles.
``(2) Seizure not required.--The penalty specified in
paragraph (1) applies with respect to a person described in
that paragraph without regard to whether the article or
articles described in that paragraph were seized.'';
(2) in subsection (d)--
(A) by striking ``Merchandise exported'' and
inserting the following: ``Merchandise Exported
Contrary to Law.--
``(1) In general.--Merchandise exported'';
(B) by striking ``shall'' and inserting ``may'';
and
(C) by adding at the end the following:
``(2) Penalty.--
``(A) In general.--A person that directs, assists
financially or otherwise, or is in any way concerned
in, the exportation or sending from the United States
or the attempted exportation or sending from the United
States of merchandise contrary to law is liable for a
penalty not to exceed the export value of the
merchandise.
``(B) Seizure not required.--The penalty specified
in subparagraph (A) applies with respect to a person
described in that subparagraph without regard to
whether the merchandise exported or sent or attempted
to be exported or sent from the United States contrary
to law was seized.''; and
(3) by adding at the end the following:
``(e) Discretion of Secretary To Impose Penalties.--For any
violation for which merchandise may be seized and forfeited under this
section, the Secretary retains discretion to assess a penalty as
provided by law, including a penalty pursuant to subsection (b) or (d),
as appropriate, instead of seizure and forfeiture.''.
SEC. 304. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF ANTIDUMPING
AND COUNTERVAILING DUTY ORDERS.
(a) In General.--Section 517(b) of the Tariff Act of 1930 (19
U.S.C. 1517(b)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``a person has entered covered merchandise''
and inserting ``covered merchandise has been entered''; and
(2) by adding at the end the following:
``(8) Identification of importer.--If the Commissioner
determines under subsection (e) that there is a reasonable
suspicion that covered merchandise was entered into the customs
territory of the United States through evasion, the identity of
the importer of the covered merchandise shall not be considered
confidential information that is protected from public
disclosure, regardless of whether the allegation described in
paragraph (2) identifies the importer.
``(9) Addition of importers to investigations.--The
Commissioner may, at any time while conducting an investigation
under paragraph (1), expand the investigation to include an
additional importer if the Commissioner determines that there
is reasonable suspicion that the additional importer is engaged
in the same or similar conduct as an importer previously
subject to the investigation.''.
(b) Technical Correction.--Section 517(d)(1)(B)(ii) of the Tariff
Act of 1930 (19 U.S.C. 1517(d)(1)(B)(ii)) is amended by striking
``subsection (e)(1)'' and inserting ``subsection (e)(2)''.
SEC. 305. OBSTRUCTION OF INVESTIGATIONS.
Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592), as amended
by section 302, is further amended by adding at the end the following:
``(m) Obstruction of Investigations.--
``(1) In general.--No person, with the intent of avoiding
payment of a duty, tax, fee, or penalty owed or obstructing or
influencing the investigation or proper administration of any
investigation by U.S. Customs and Border Protection into the
payment of a duty, tax, fee, or penalty owed, may alter,
destroy, mutilate, conceal, cover up, falsify, or make a false
entry in any record, document, or tangible object, or transfer,
or otherwise conceal or disguise funds or assets.
``(2) Penalty.--
``(A) In general.--A person that violates paragraph
(1) is liable for a civil penalty in an amount not to
exceed the greater of--
``(i) the value of any concealed funds or
altered assets; or
``(ii) an amount that is 3 times the amount
of the duty, tax, fee, or penalty described in
paragraph (1).
``(B) Adverse inference.--The Commissioner of U.S.
Customs and Border Protection may make an inference
that is adverse to the interests of a person that
violates paragraph (1) in any investigation into the
payment of a duty, tax, fee, or penalty described in
that paragraph.
``(3) Standard of proof at court of international trade.--
In any action at the United States Court of International Trade
relating to a violation of paragraph (1), the United States
shall have the burden of proof to establish the act or omission
constituting the violation by clear and convincing evidence.''.
SEC. 306. MODIFICATION OF BONDING REQUIREMENTS.
(a) In General.--Section 623 of the Tariff Act of 1930 (19 U.S.C.
1623) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``of penalty thereof'' and
inserting ``of the bond'';
(ii) by striking ``paragraph 4'' and
inserting ``paragraph (4)''; and
(iii) by striking ``penalty of such bond''
and inserting ``amount of such bond''; and
(B) in paragraph (2), by inserting before the end
period the following: ``, and make rules and
regulations for the disclosure of information or
records to, and the collection of information or
records from, sureties approved under this paragraph,
without regard to any other provision of statute or
regulation, including section 1905 of title 18, United
States Code, and section 552a of title 5, United States
Code (commonly known as the `Privacy Act of 1974')'';
(2) by adding at the end the following:
``(f) Interest Due to Default on Bond.--If any amount due to the
United States under a bond is not paid in full by the date the amount
is due, the unpaid balance under the bond shall bear interest until the
full balance under the bond is paid, in accordance with such
regulations and at such rate as the Secretary of the Treasury may
prescribe. Interest charged under this subsection shall be without
regard to the limit of liability of the bond and shall not be charged
against the bond.
``(g) Notice to Person From Whom a Bond Is Required.--
``(1) In general.--U.S. Customs and Border Protection shall
give notice to a person from which a bond is required under
this section of the conditions, form, manner of filing or
transmission, amount, and reason for the amount of the bond in
accordance with regulations prescribed by the Secretary of the
Treasury.
``(2) Form of notice.--U.S. Customs and Border Protection
may provide notice under paragraph (1) by publishing the notice
to the public instead of providing the notice directly to a
person described in paragraph (1).
``(h) Review of Bond Requirements.--
``(1) Administrative review.--
``(A) Appeal.--A person from which a bond is
required under this section may, not later than 30 days
after the later of the date on which notice is provided
under subsection (g) or the date on which the bond is
required, appeal the bond requirement in accordance
with regulations prescribed by the Secretary of the
Treasury.
``(B) Notice.--The Secretary shall provide notice
to a person that filed an appeal under subparagraph
(A)--
``(i) of the decision with respect to the
appeal in the form and manner prescribed by the
Secretary; and
``(ii) if the appeal is denied, including a
statement of the reasons for the denial.
``(2) Review by the court of international trade.--
``(A) In general.--In the case of an appeal filed
under paragraph (1) that is denied in whole or in part,
the person that filed the appeal may file a civil
action in the Court of International Trade to contest
the denial.
``(B) Review by court.--The Court shall--
``(i) review the action on the basis of the
record before the official deciding the appeal
at the time the appeal was decided; and
``(ii) set aside and remand a decision with
respect to an appeal filed under paragraph (1)
that the Court finds to be an abuse of
discretion.''; and
(3) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection''.
(b) Exclusive Jurisdiction of Court of International Trade.--
Section 1581 of title 28, United States Code, is amended by adding at
the end of the following:
``(k) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced under section 623 of the
Tariff Act of 1930 (19 U.S.C. 1623).''.
(c) Scope and Standard of Review by Court of International Trade.--
Section 2640 of title 28, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) In any civil action commenced in the Court of International
Trade under section 623 of the Tariff Act of 1930 (19 U.S.C. 1623), the
court shall review the matter as specified in subsection (h) of such
section.''.
SEC. 307. TREATMENT OF IMPORTATIONS INVOLVING SUSPENDED OR DEBARRED
PERSONS.
(a) Importer of Record Program.--Section 114(b) of the Trade
Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4320(b)) is
amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) takes measures to protect the integrity of the
program, including by--
``(A) assessing the role and circumstances of
importers that are identified with active exclusion
records in the System for Award Management Exclusions
(as defined in section 180.945 of title 2, Code of
Federal Regulations (or any corresponding similar
regulation)) or any successor system;
``(B) facilitating cross-referencing of importer of
record numbers with active exclusion records in the
System for Award Management Exclusions or any successor
system; and
``(C) providing an opportunity for importers
described in subparagraph (A) to demonstrate to the
satisfaction of U.S. Customs and Border Protection, in
accordance with such regulations as the Secretary may
prescribe, that they are sufficiently responsible to
act as importers of record.''.
(b) Entry Under Regulations.--Section 498(a)(1) of the Tariff Act
of 1930 (19U.S.C. 1498(a)(1)) is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the semicolon and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) the importation is caused or facilitated by a
person identified with an active exclusion record in
the System for Award Management Exclusions (as defined
in section 180.945 of title 2, Code of Federal
Regulations (or any corresponding similar regulation))
or any successor system;''.
TITLE IV--ADMINISTRATIVE EXEMPTIONS FROM DUTIES
SEC. 401. COLLECTION AND USE OF DATA RELATING TO ELIGIBILITY FOR
ADMINISTRATIVE EXEMPTION TO DUTIES.
(a) In General.--Section 321 of the Tariff Act of 1930 (19 U.S.C.
1321) is amended by adding at the end the following:
``(c) Submission of Documentation and Information.--
``(1) In general.--The Secretary may prescribe regulations
for the provision to U.S. Customs and Border Protection,
separate from any entry filing, of such documentation or
information as the Secretary determines to be reasonably
necessary for U.S. Customs and Border Protection to determine
the eligibility of an article for an administrative exemption
under subsection (a)(2).
``(2) Type of documentation or information.--Documentation
or information with respect to an article provided to U.S.
Customs and Border Protection pursuant to regulations
prescribed by the Secretary under paragraph (1) may include
documentation or information related to an offer for sale or
purchase or subsequent sale, purchase, transportation,
importation, or warehousing of the article, including
documentation or information related to the offering of the
article for sale or purchase within the United States through a
commercial or marketing platform (including an electronic
commerce platform or marketplace).
``(3) Parties providing information.--The Secretary may
provide, in the regulations prescribed under paragraph (1), for
the provision of information or documentation with respect to
an article by a party other than a party qualified to make
entry of the article pursuant to regulations prescribed under
section 498.
``(4) Accuracy of documentation and information.--
``(A) In general.--A party providing documentation
or information under paragraph (1) shall ensure that
the documentation or information is true and correct to
the best of the knowledge and belief of the party,
subject to any penalties authorized by law.
``(B) Exception.--The Secretary shall, in the
regulations prescribed under paragraph (1), permit a
party to provide to U.S. Customs and Border Protection
documentation or information under paragraph (1) on the
basis of the reasonable belief of the party that the
documentation or information is true and correct if the
party is not reasonably able to verify the
documentation or information.
``(5) Use of documentation and information.--Documentation
or information with respect to an article provided to U.S.
Customs and Border Protection pursuant to regulations
prescribed by the Secretary under paragraph (1) may be used by
U.S. Customs and Border Protection for any lawful purpose.
``(6) Civil penalty.--
``(A) In general.--Any person who violates the
regulations prescribed under paragraph (1) with respect
to an article is liable for a civil penalty in an
amount not to exceed the amount that is 3 times the
amount of the duty applicable to the article.
``(B) Assessment of penalties.--A penalty imposed
under this subsection shall be assessed per person, per
article, per entry, and per day.
``(C) Additional penalties.--A penalty imposed
under this subsection may be in addition to any other
penalty provided by law.
``(D) Remission; mitigation.--A penalty imposed
under this subsection may be remitted or mitigated, as
appropriate, under section 618.
``(7) Definition.--In this subsection, the terms `provide',
`providing', and `provision', with respect to documentation or
information provided to U.S. Customs and Border Protection,
include--
``(A) the submission or transmission of the
documentation or information; and
``(B) otherwise making available to U.S. Customs
and Border Protection the documentation or information
in accordance with such terms and conditions as the
Secretary may by regulation prescribe.''.
(b) Regulations.--Section 498 of the Tariff Act of 1930 (19 U.S.C.
1498)--
(1) in subsection (a), by striking paragraph (12) and
inserting the following:
``(12) Subject to subsection (c), articles eligible for an
administrative exemption under section 321(a)(2)(C).''; and
(2) by adding at the end the following:
``(c) Requirements With Respect to Articles Eligible for
Administrative Exemptions.--In prescribing rules and regulations under
subsection (a)(12) with respect to articles eligible for an
administrative exemption under section 321(a)(2)(C), the Secretary
shall require that, when such an article is entered, the required
documentation or information be filed or electronically transmitted
by--
``(1) one of the parties qualifying to make entry, as
specified by the Secretary by regulation; or
``(2) a customs broker (as defined in section 641(a))
designated by a party described in subparagraph (A).''.
SEC. 402. STREAMLINED DISPOSITION OF MERCHANDISE SUBJECT TO
ADMINISTRATIVE EXEMPTIONS.
(a) In General.--Section 499 of the Tariff Act of 1930 (19 U.S.C.
1499) is amended by adding at the end the following:
``(d) Special Rules for Merchandise Subject to Administrative
Exemptions.--
``(1) In general.--In the case of detained merchandise
subject to an administrative exemption under section
321(a)(2)(C), the following shall apply:
``(A) U.S. Customs and Border Protection shall
provide notice under subsection (c)(2) to the importer
and each other party that appears to have an interest
in the merchandise, based on information reasonably
available to U.S. Customs and Border Protection, in
such form and manner as the Secretary shall by
regulation prescribe.
``(B) The notice required under subsection (c)(2)
shall include, in addition to the information required
by subparagraphs (A) through (E) of that subsection,
notice that the party may voluntarily abandon the
merchandise.
``(C) If U.S. Customs and Border Protection does
not receive a response to the notice under subsection
(c)(2) from a party by the date that is 15 days after
the date of the notice--
``(i) the merchandise shall be deemed
abandoned;
``(ii) title to the merchandise shall be
vested in the United States; and
``(iii) the merchandise shall be disposed
of in accordance with law.
``(2) Nonapplicability of provision relating to failure to
make determination.--Subsection (c)(5) does not apply with
respect to detained merchandise subject to an administrative
exemption under section 321(a)(2)(C).''.
(b) Technical Amendments.--Section 499 of the Tariff Act of 1930
(19 U.S.C. 1499) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``Customs Service
laboratories'' and inserting ``laboratories of U.S.
Customs and Border Protection'';
(B) in paragraph (3), by striking ``a Customs
Service laboratory'' and inserting ``a laboratory of
U.S. Customs and Border Protection'';
(2) by striking ``The Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection'';
and
(3) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection''.
TITLE V--OTHER MATTERS
SEC. 501. PROTESTS AGAINST DECISIONS OF U.S. CUSTOMS AND BORDER
PROTECTION.
(a) Certain Determinations of U.S. Customs and Border Protection
Not Subject to Administrative Protest.--
(1) In general.--Section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) is amended--
(A) in subsection (a)(4), by striking ``except a
determination appealable under section 337 of this
Act'' and inserting ``except any exclusion of
merchandise from entry or delivery or a demand for
redelivery to customs custody on the basis of an order
of the United States International Trade Commission
issued under section 337 of this Act''; and
(B) by amending subsection (b) to read as follows:
``(b) Finality Unless Appealed to Court of International Trade.--
With respect to determinations made under section 303 or title VII that
are reviewable under section 516A, or determinations made under section
517 that are reviewable under section 517(g), determinations of U.S.
Customs and Border Protection are final and conclusive upon all persons
(including the United States and any officer thereof) unless a civil
action contesting a determination listed in section 516A(a) or made
under section 517 is commenced in the United States Court of
International Trade, or review by a binational panel of a determination
to which section 516A(g)(2) applies is commenced pursuant to section
516A(g).''.
(2) Conforming amendments.--Section 517(h) of the Tariff
Act of 1930 (19 U.S.C. 1517(h)) is amended--
(A) by striking ``No determination'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2), no
determination''; and
(B) by adding at the end the following:
``(2) Exception.--Any liquidation or reliquidation of an
entry in accordance with a determination under subsection (c)
or review under subsection (f), if applicable, is not subject
to protest under section 514.''.
(b) Electronic Notification.--Section 514(c)(3) of the Tariff Act
of 1930 (19 U.S.C. 1514(c)(3)) is amended, in the flush text following
subparagraph (B), by inserting ``or electronic transmission'' after
``mailing''.
(c) Technical Amendments.--Section 514 of the Tariff Act of 1930
(19 U.S.C. 1514) is amended--
(1) in the section heading, by striking ``the customs
service'' and inserting ``u.s. customs and border protection'';
and
(2) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection''.
SEC. 502. REDUCTION OF ADMINISTRATIVE BURDENS.
(a) Submission of Requests for Accelerated Disposition of
Protests.--Section 515(b) of the Tariff Act of 1930 (19 U.S.C. 1515(b))
is amended--
(1) in the first sentence, by inserting after ``mailed by
certified or registered mail to the appropriate customs
officer'' the following: ``, or transmitted electronically
pursuant to an electronic data interchange system, in
accordance with regulations prescribed by the Secretary,''; and
(2) in the second sentence--
(A) by inserting after ``the date of mailing by
certified or registered mail'' the following: ``or the
date of transmission pursuant to an electronic
interchange system''; and
(B) by inserting ``or transmission'' after
``following mailing''.
(b) Modification of Requirements for Filing of Official Documents
in Actions Before Court of International Trade.--
(1) In general.--Section 2635 of title 28, United States
Code, is amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b), (c), and (d),
as subsections (a), (b), and (c), respectively.
(2) Conforming amendment.--Section 641(e)(1) of the Tariff
Act of 1930 (19 U.S.C. 1641(e)(1)) is amended by striking
``section 2635(d)'' and inserting ``section 2635(c)''.
(c) Publication of Decisions of Court of International Trade.--
(1) In general.--Section 257 of title 28, United States
Code, is amended--
(A) in the section heading, by striking
``Publication of decisions'' and inserting
``Preservation and sharing of decisions''; and
(B) by striking the third sentence.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 11 of title 28, United States Code, is
amended by striking the item relating to section 257 and
inserting the following:
``257. Preservation and sharing of decisions.''.
SEC. 503. AUTHORITY TO CONDUCT COMMUNICATIONS ELECTRONICALLY.
Section 624 of the Tariff Act of 1930 (19 U.S.C. 1624) is amended--
(1) by striking ``authorized to make'' and inserting the
following: ``authorized--
``(1) to make'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) notwithstanding any other provision of law, to
provide any notice or communication required by this Act by
electronic transmission instead of any other means.''.
SEC. 504. DISCLOSURE OF VESSEL, AIRCRAFT, OR VEHICLE MANIFEST
INFORMATION.
(a) Expansion and Clarification of Disclosure Requirement.--Section
431 of the Tariff Act of 1930 (19 U.S.C. 1431) is amended--
(1) in subsection (a), by striking ``section 4197 of the
Revised Statutes of the United States (46 U.S.C. App. 91)'' and
inserting ``section 60105 of title 46, United States Code, and
every aircraft or vehicle arriving in the United States for
which a manifest is required by U.S. Customs and Border
Protection,''; and
(2) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``subparagraph (2)'' and all that follows
through ``shall be available'' and inserting
``paragraph (2), the following information, when
contained in a vessel, aircraft, or vehicle manifest,
shall be available'';
(B) in subparagraph (B), by inserting before the
end period the following: ``and the subheadings of the
Harmonized Tariff Schedule of the United States under
which the cargo is classifiable''; and
(C) by striking subparagraph (G) and inserting the
following:
``(G) The country in which the cargo was produced and the
last country through which the cargo was transported.''.
(b) Protection of Personally Identifiable Information.--Section
431(c) of the Tariff Act of 1930 (19 U.S.C. 1431(c)) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by inserting ``(A)'' after ``(2)''; and
(C) by adding at the end the following:
``(B) The Secretary shall ensure that the following
information is removed from any manifest signed, produced,
delivered, or electronically transmitted under this section
before access to the manifest is provided to the public:
``(i) Social Security numbers.
``(ii) Passport numbers.
``(iii) Dates of birth.
``(iv) Personal phone numbers.
``(v) Personal email addresses.
``(vi) Driver's license and State identification
numbers.
``(vii) Residential addresses that are not the
primary address of the trade or business (excluding ZIP
Codes).
``(viii) Names of individuals who are end-
consumers.
``(C) Nothing in this paragraph may be construed to permit
the removal from a manifest signed, produced, delivered, or
electronically transmitted under this section of the name,
address, or identification number of a business, except as
provided by section 103.31(d) of title 19, Code of Federal
Regulations (or a successor regulation).''; and
(2) by adding at the end the following:
``(4) Each manifest signed, produced, delivered, or electronically
transmitted under this section shall include a checkbox to indicate
whether the shipment is going to a private individual or a business.''.
(c) Technical Amendments.--Section 431 of the Tariff Act of 1930,
as amended by this section, is further amended--
(1) in subsection (b), in the fourth sentence, by striking
``The Customs Service'' and inserting ``U.S. Customs and Border
Protection''; and
(2) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 30 days after the date of the enactment of
this Act.
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