II 118th CONGRESS 1st Session S. 3431 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.

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. I Improved collection and use of information 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 . 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 . 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 . 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 . II Strengthened enforcement of import and export prohibitions 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: 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. . 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 . 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. . III Liability for violations of customs and trade laws 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 . 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 . 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. . 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) . 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. . 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. . 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; . IV Administrative exemptions from duties 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). . 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 . V Other Matters 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 . 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. . 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. . 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.