[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