[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4364 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 4364

  To provide for the refund of duties imposed under the International 
                     Emergency Economic Powers Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2026

 Mr. Wyden (for himself, Mr. Markey, and Mrs. Shaheen) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
  To provide for the refund of duties imposed under the International 
                     Emergency Economic Powers Act.

    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 ``Speedy Tariff Refund Act of 2026''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) in light of the holding by the Supreme Court that 
        duties imposed under the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.) are unlawful, the 
        Commissioner of U.S. Customs and Border Protection must pay 
        refunds of those unlawfully collected duties;
            (2) the Commissioner must process those refunds as swiftly 
        as possible and without imposing additional requirements that 
        disproportionately hinder individuals and small businesses from 
        obtaining refunds;
            (3) the Consolidated Administration and Processing of 
        Entries (CAPE) system for refunds is seriously flawed and 
        places unjustified burdens on importers, particularly small 
        businesses; and
            (4) importers, wholesalers, and larger businesses, 
        especially those that raised prices or passed on direct costs 
        from those unlawful duties while they were in place, should 
        pass on the refunds to their customers, including small 
        businesses and families impacted by those duties.

SEC. 3. REFUND OF DUTIES IMPOSED UNDER INTERNATIONAL EMERGENCY ECONOMIC 
              POWERS ACT.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of 
1930 (19 U.S.C. 1514) or any other provision of law, the Commissioner 
of U.S. Customs and Border Protection shall, not later than 30 days 
after the date of the enactment of this Act, automatically refund, with 
interest, to each importer of a covered article all duties imposed 
under the International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.) and paid with respect to the article.
    (b) Reliquidation Authority.--In the case of an entry of a covered 
article that was liquidated before the date of the enactment of this 
Act, the Commissioner shall reliquidate the entry at the rate of duty 
applicable to the article in the absence of any duty imposed under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) in 
order to pay a refund required under subsection (a).
    (c) Prioritization of Small Businesses.--The Commissioner shall, to 
the extent practicable, prioritize the payment of refunds under 
subsection (a) to small business concerns.
    (d) No Request or Documentation Required.--In carrying out this 
section, the Commissioner may not require an importer to make an 
explicit request for a refund under subsection (a) or to submit 
documentation in order to receive such a refund.
    (e) Definitions.--In this section:
            (1) Covered article.--The term ``covered article'' means an 
        article with respect to which the President imposed duties 
        under the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.).
            (2) Enter; entry.--The terms ``enter'' and ``entry'' 
        include a withdrawal from warehouse for consumption.
            (3) Small business concern.--The term ``small business 
        concern'' has the meaning given that term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
                                 <all>