,,ii  #aahth ,,congress  #b;d ,session  
,s4 #djhb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #i1     
#bjbd,mr4 ,braun 7for himself and ,ms4  
,baldwin7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,finance  ,a ,,bill   
,to amend the ,tariff ,act of #aicj to  
increase accountability relating to     
articles receiving exemptions from      
duties for de minimis entries and to    
require regulations on enhanced data    
collection with respect to such entries1
 and for other purposes4  #a4 ,short    
title ,this ,act may be cited as the    
,ensure ,accountability in ,de ,minimis 
,act of #bjbd4  #b4 ,limitation on      
persons authorized to enter articles    
eligible for de minimis exemption from  
duties  7a7 ,in general ,section #dih of
 the ,tariff ,act of #aicj 7#ai         
,u4,s4,c4 #adih7 is amended by adding at
 the end the following3  7c7            
,importation under administrative       
exemption only by certain parties       

,notwithstanding any other provision of 
this ,act1 an article is eligible for an
 administrative exemption under section 
#cba7;a77#b77;,c7 only if the article is
 entered-- 7#a7 as international mail2  
or  7#b7 by-- 7,a7 the consignee1 the   
owner1 or the purchaser of the article2 
or  7,b7 if designated by a person      
specified in subparagraph 7,a71 a person
 holding a valid customs broker's       
license issued under section #fda7;b74  
4  7b7 ,applicability ,the amendments   
made by subsection 7a7 shall apply with 
respect to articles entered1 or         
withdrawn from warehouse for            
consumption1 on or after the date that  
is #fj days after the date of the       
enactment of this ,act4  #c4            
,modification to penalties for fraud1   
gross negligence1 and negligence  7a7   
,directing or facilitating violations   
,section #eib of the ,tariff ,act of    
#aicj 7#ai ,u4,s4,c4 #aeib7 is amended--
 7#a7 in subsection 7a77#a77;,b7-- 7,a7 
by striking may aid or abet and         

inserting the following3 8may--  7i7 aid
 or abet  2  7,b7 by striking the period
 at the end and inserting 2 or2 and     
7,c7 by adding at the end the following3
  7ii7 direct or facilitate a violation 
of subparagraph 7,a74  2 and  7#b7 in   
subsection 7b77#a77;,a77ii71 by striking
 or the aiding or procuring of the entry
 or introduction and inserting the      
aiding or procuring1 or the direction or
 facilitation of the entry or           
introduction or attempted entry or      
introduction4  7b7 ,recurring negligent 
or grossly negligent violations relating
 to de minimis entries ,section #eib7;c7
 of the ,tariff ,act of #aicj 7#ai      
,u4,s4,c4 #aeib7;c77 is amended-- 7#a7  
by redesignating paragraphs 7#d7 through
 7#ad7 as paragraphs 7#e7 through 7#ae71
 respectively2 and  7#b7 by inserting   
after paragraph 7#c7 the following3     
7#d7 ,recurring negligent or grossly    
negligent violations relating to de     
minimis entries  7,a7 ,in general ,a    
recurring negligent or grossly negligent

 violation of subsection 7a7 that       
relates to entering articles for which  
an administrative exemption from duties 
under section #cba7;a77#b77;,c7 is      
sought is punishable by a civil penalty 
in-- 7i7 except as provided by clause   
7ii71 an amount not to exceed the       
greater of-- 7,i7 #aj times the         
aggregate amount of the lawful duties1  
taxes1 and fees of which the ,united    
,states is or may be deprived2 or       
7,,ii7 #b1jjj2 and  7ii7 if the         
recurring violation did not affect the  
assessment of duties1 an amount not to  
exceed the greater of-- 7,i7 #bjj       
percent of the aggregate domestic value 
of the merchandise2 or  7,,ii7 #b1jjj4  
7,b7 ,recurring defined  7i7 ,in general
 ,in this paragraph1 the term recurring1
 with respect to a violation of         
subsection 7a7 by a person that relates 
to entering articles described in       
subparagraph 7,a71 means that-- 7,i7 the
 violation-- 7aa7 is a second or        
subsequent such violation by that       

person2 and  7bb7 takes place not later 
than #c months after the person received
 a penalty claim under subsection       
7b77#b7 for a prior such violation and  
for which the person had the opportunity
 seek remission or mitigation2 and      
7,,ii7 the person has been found to have
 repeatedly1 over an aggregate period of
 #c months or more1 committed violations
 of subsection 7a7 that relate to       
entering articles described in          
subparagraph 7,a74  7ii7 ,effect of     
intervening compliant entries ,for      
purposes of clause 7i71 if1 between     
negligent or grossly negligent          
violations of subsection 7a7 by a person
 that relate to entering articles       
described in subparagraph 7,a71 that    
person submits entry documentation with 
respect to a shipment of articles       
described in subparagraph 7,a7          
accurately and in compliance with the   
law1 the submission of such entry       
documentation shall not prevent the     
negligent or grossly negligent          

violations from being considered        
recurring4  4  7c7 ,definitions of      
negligent and grossly negligent ,section
 #eib7;a7 of the ,tariff ,act of #aicj  
7#ai ,u4,s4,c4 #aeib7;a77 is amended by 
adding at the end the following3  7#c7  
,definitions ,in this section3 7,a7     
,grossly negligent ,the term grossly    
negligent1 with respect to a violation  
of paragraph 7#a7 by a person1 means    
that the person committed the violation 
with-- 7i7 actual knowledge of or wanton
 disregard for the relevant facts2 and  
7ii7 indifference or disregard to       
whether the person was violating        
paragraph 7#a74  7,b7 ,negligent ,the   
term negligent1 with respect to a       
violation of paragraph 7#a7 by a person1
 means that the person failed to        
exercise reasonable care and            
competence-- 7i7 to ensure that         
documents1 data1 and information        
provided by the person in connection    
with the entry of merchandise are       
complete and accurate2 or  7ii7 to      

perform any material act required by    
law4  4  7d7 ,technical amendment       
,section #eib of the ,tariff ,act of    
#aicj 7#ai ,u4,s4,c4 #aeib71 as amended 
by this section1 is further amended by  
striking the ,customs ,service each     
place it appears and inserting ,u4,s4   
,customs and ,border ,protection4  #d4  
,deadline for information sharing       
agreements with ,federal agencies       
participating in ,international ,trade  
,data ,system ,section                  
#daa7;d77#d77;,a77ii7 of the ,tariff    
,act of #aicj 7#ai ,u4,s4,c4            
#adaa7;d77#d77;,a77ii77 is amended by   
striking enters into inserting not later
 than #ah months after the date of the  
enactment of the ,ensure ,accountability
 in ,de ,minimis ,act of #bjbd1 enters  
into4  #e4 ,regulations on enhanced data
 collection with respect to de minimis  
entries  7a7 ,requirement for           
regulations  7#a7 ,in general ,not later
 than #ah months after the date of the  
enactment of this ,act1 the ,secretary  

of the ,treasury1 in consultation with  
the ,commissioner of ,u4,s4 ,customs and
 ,border ,protection and pursuant to    
subsections 7b7 and 7c71 shall prescribe
 regulations requiring enhanced data    
collection with respect to articles for 
which an administrative exemption from  
duties under section #cba7;a77#b77;,c7  
of the ,tariff ,act of #aicj 7#ai       
,u4,s4,c4 #acba7;a77#b77;,c77 is sought1
 including obtaining information with   
respect to the origin of materials used 
in the production of such articles1 in  
order to ensure that the articles for   
which the exemption is sought are not   
articles described in paragraph 7#b7 or 
articles that are otherwise prohibited  
from entering the ,united ,states4  7#b7
 ,articles described ,an article is     
described in this paragraph if the      
article-- 7,a7 is produced with forced  
labor 7as defined in section #cjg of the
 ,tariff ,act of #aicj 7#ai ,u4,s4,c4   
#acjg772  7,b7 bears a counterfeit mark 
7within the meaning of section #de of   

the ,act entitled ,an ,act to provide   
for the registration and protection of  
trademarks used in commerce1 to carry   
out the provisions of certain           
international conventions1 and for other
 purposes1 approved ,july #e1 #aidf     
7commonly known as the ,trademark ,act  
of #aidf or the ,lanham ,act7 7#ae      
,u4,s4,c4 #aabg772 or  7,c7 is a        
controlled substance 7as defined in     
section #ajb of the ,controlled         
,substances ,act 7#ba ,u4,s4,c4 #hjb77  
that is not imported in accordance with 
applicable law4  7b7 ,development of    
regulations ,in developing the          
regulations required by subsection 7a71 
the ,secretary shall-- 7#a7 solicit     
comments from and consult with a broad  
range of parties that are likely to be  
affected by the regulations1 including  
importers1 exporters1 carriers1 customs 
brokers1 and freight forwarders1 among  
other interested parties2  7#b7 ensure  
the protection of the privacy of        
proprietary information 7within the     

meaning of section #ggg7;b7 of the      
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#afgg;f7b7771 except for information    
shared1 through the ,international      
,trade ,data ,system established        
pursuant to section #daa7;d7 of the     
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#adaa7;d771 with ,federal agencies      
participating in that system2  7#c7 to  
the extent practicable1 avoid imposing  
requirements pursuant to those          
regulations that are redundant with each
 other or that are redundant with       
requirements under other provisions of  
law2 and  7#d7 include regulations that 
request the ,postmaster ,general to     
transmit to the ,secretary the          
information described in subsection     
7a77#a71 to the extent feasible and     
consistent with international law1 with 
respect to the country of origin of     
materials used in the production of     
articles in international mail shipments
 for which an administrative exemption  
from duties under section               

#cba7;a77#b77;,c7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4                   
#acba7;a77#b77;,c77 is sought4  7c7     
,notice of proposed rulemaking and      
comment period ,the ,secretary1 in      
consultation with the ,commissioner1    
shall-- 7#a7 publish a notice of        
proposed rulemaking in the ,federal     
,register2 and  7#b7 provide for a      
period of not less than #fj days for    
public comment on the proposed          
rulemaking4  7d7 ,civil penalty  7#a7   
,in general ,the ,secretary shall impose
 a civil penalty on any person that     
violates the regulations prescribed     
under subsection 7a7 of not more than-- 
7,a7 #b1jjj for the first violation2 and
  7,b7 #e1jjj for each subsequent       
violation4  7#b7 ,additional penalties  
,a penalty imposed under this subsection
 may be in addition to any other penalty
 authorized by law4  #f4 ,reports  7a7  
,report on illegally entered articles   
for which de minimis exemptions sought  
,not later than one year after the date 

on which the regulations required by    
section #e are finalized1 and annually  
thereafter1 the ,commissioner of ,u4,s4 
,customs and ,border ,protection1 in    
consultation with the ,secretary of the 
,treasury1 shall submit to the          
appropriate congressional committees a  
report setting forth1 for the year      
preceding submission of the report--    
7#a7 the total number of articles-- 7,a7
 with respect to which an administrative
 exemption from duties under section    
#cba7;a77#b77;,c7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4                   
#acba7;a77#b77;,c77 was sought2 and     
7,b7 that were seized by ,u4,s4 ,customs
 and ,border ,protection at ports of    
entry for entering the ,united ,states  
illegally2  7#b7 a description of such  
articles2  7#c7 the country of origin of
 such articles1 to the extent feasible2 
and  7#d7 the aggregate fair retail     
value of such articles in the country of
 shipment4  7b7 ,government             
,accountability ,office assessment of   

shortcomings in information sharing     
7#a7 ,in general ,not later than one    
year after the date of the enactment of 
this ,act1 the ,comptroller ,general of 
the ,united ,states shall submit to     
,congress a report assessing-- 7,a7     
shortcomings in information shared      
through the ,international ,trade ,data 
,system established pursuant to section 
#daa7;d7 of the ,tariff ,act of #aicj   
7#ai ,u4,s4,c4 #adaa7;d77 among ,federal
 agencies participating in that system2 
7,b7 implications of those shortcomings 
with respect to the enforcement of      
regulations2 and  7,c7 the establishment
 of memoranda of understanding by the   
,secretary of the ,treasury with        
,federal agencies participating in the  
,international ,trade ,data ,system     
pursuant to section                     
#daa7;d77#d77;,a77ii7 of the ,tariff    
,act of #aicj1 as amended by section #d4
  7#b7 ,form ,the report required by    
paragraph 7#a7 shall be submitted in    
unclassified form1 but may include a    

classified annex4  7c7 ,appropriate     
congressional committees defined ,in    
this section1 the term appropriate      
congressional committees means-- 7#a7   
the ,committee on ,finance and the      
,committee on ,homeland ,security and   
,governmental ,affairs of the ,senate2  
and  7#b7 the ,committee on ,ways and   
,means and the ,committee on ,homeland  
,security of the ,house of              
,representatives4