[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1581 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1581

 To improve the importer of record program and the collection of fees 
 and duties in connection with the importation of merchandise into the 
                 United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2011

Mrs. McCaskill introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To improve the importer of record program and the collection of fees 
 and duties in connection with the importation of merchandise into 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.

    This Act may be cited as the ``Fighting for American Industry's 
Right to Enforcement Against Duty Evasion Act'' or the ``FAIR 
Enforcement Against Duty Evasion Act of 2011''.

SEC. 2. TERMINATION OF AVAILABILITY OF BONDS FOR NEW SHIPPERS.

    Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
1675(a)(2)(B)) is amended--
            (1) by striking clause (iii); and
            (2) by redesignating clause (iv) as clause (iii).

SEC. 3. COLLECTION OF IDENTIFICATION RELATING TO IMPORTERS.

    (a) In General.--Section 641 of the Tariff Act of 1930 (19 U.S.C. 
1641) is amended by adding at the end the following:
    ``(i) Identification of Customers.--
            ``(1) In general.--Subject to the requirements of this 
        subsection, the Secretary shall prescribe regulations setting 
        forth the minimum standards for customs brokers and their 
        customers regarding the identity of the customer that shall 
        apply in connection with the importation of merchandise into 
        the United States.
            ``(2) Minimum requirements.--The regulations shall, at a 
        minimum, require customs brokers to implement, and customers 
        (after being given adequate notice) to comply with, reasonable 
        procedures for--
                    ``(A) collecting the identity of any person seeking 
                to import merchandise into the United States to the 
                extent reasonable and practicable;
                    ``(B) collecting the identity of any non-United 
                States person seeking to import merchandise into the 
                United States to the extent reasonable and practicable; 
                and
                    ``(C) maintaining records of the information used 
                to substantiate a person's identity, including name, 
                address, and other identifying information.
            ``(3) Penalties.--Any customs broker who fails to collect 
        information required under the regulations prescribed under 
        this subsection shall be liable to the United States, at the 
        discretion of the Secretary, for a monetary penalty not to 
        exceed $10,000 for each violation of those regulations and to 
        revocation or suspension of license or permit pursuant to the 
        procedures set forth in subsection (d).
            ``(4) Establishment of safe harbors.--Not later than 60 
        days after the date of the enactment of this subsection, the 
        Secretary shall publish a notice in the Federal Register 
        soliciting proposals, which shall be accepted during a 60-day 
        period, for the specification of practices for which penalties 
        will not be imposed under this subsection. After considering 
        the proposals so submitted, the Secretary, shall publish in the 
        Federal Register, including a 60-day period for comment, 
        proposed specified practices for which such penalties will not 
        be imposed. After considering any public comments received 
        during such period, the Secretary shall issue final regulations 
        specifying such practices.
            ``(5) Effective date.--Final regulations prescribed under 
        this subsection shall take effect before the end of the 1-year 
        period beginning on the date of the enactment of this 
        subsection.''.
    (b) Study and Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary, in consultation with 
relevant Federal regulators shall submit a report to the Congress 
containing recommendations for--
            (1) determining the most timely and effective way to 
        require foreign nationals to provide customs brokers and 
        agencies with appropriate and accurate information, comparable 
        to that which is required of United States nationals, 
        concerning the identity, address, and other related information 
        about such foreign nationals necessary to enable customs 
        brokers and agencies to comply with the requirements of section 
        641(i) of the Tariff Act of 1930 (as added by subsection (a)); 
        and
            (2) establishing a system for customs brokers and agencies 
        to review information maintained by relevant Government 
        agencies for purposes of verifying the identities of foreign 
        nationals and United States nationals seeking to import 
        merchandise into the United States.

SEC. 4. IMPORTER OF RECORD DATABASE.

    (a) Improvement of Importer of Record Database.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Homeland Security shall implement the following improvements to the 
importer of record database:
            (1) Include a history of importer of record numbers 
        associated with each importer of record.
            (2) Provide a system to evaluate the accuracy of the 
        database maintained with respect to each importer of record.
            (3) Establish a system that ensures that duplicate importer 
        of record numbers are not issued.
            (4) Establish a system for updating the database described 
        in this subsection on a regular basis, but not less frequently 
        than once a year.
            (5) Establish a system that enables customs brokers to 
        verify the information required under section 641(i) of the 
        Tariff Act of 1930 (as added by section 3(a) of this Act).
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report on the improvements made to 
the importer of record program pursuant to this section.
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