[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