[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.
                                 <all>