§1436a — Title 19 Customs Duties | U.S. Code

Summary

The Commissioner of U.S. Customs and Border Protection must send Congress an annual report about each violation of section 1436 (as changed by section 8007) and section 1584 that happened in the previous year. The report must show the violator’s name and address; what rule was broken; the port of entry used; a list and description of seized items and how many; where the items came from; who made the seizure, shown by port; the penalties CBP actually assessed, listed by violator and port; the penalties CBP could have imposed, listed by violator and port; and the reasons for any reduced penalties, listed by violator and port. The report must go to these congressional committees: the Senate Committee on Finance and the Senate Committee on Homeland Security and Governmental Affairs; and the House Committee on Ways and Means, the House Committee on Oversight and Government Reform, and the House Committee on Homeland Security.

Title 19, §1436a

Customs Duties — Source: USLM XML via OLRC

(a)The Commissioner of U.S. Customs and Border Protection shall submit to the appropriate congressional committees an annual report that contains the information described in subsection (b) with respect to each violation of section 1436 of this title, as amended by section 8007, and section 1584 of this title that occurred during the previous year.

(b)The information described in this subsection is the following:

(1)The name and address of the violator.

(2)The specific violation that was committed.

(3)The location or port of entry through which the items were transported.

(4)An inventory of the items seized, including a description of the items and the quantity seized.

(5)The location from which the items originated.

(6)The entity responsible for the apprehension or seizure, organized by location or port of entry.

(7)The amount of penalties assessed by U.S. Customs and Border Protection, organized by name of the violator and location or port of entry.

(8)The amount of penalties that U.S. Customs and Border Protection could have levied, organized by name of the violator and location or port of entry.

(9)The rationale for negotiating lower penalties, organized by name of the violator and location or port of entry.

(c)In this section, the term “appropriate congressional committees” means—

(1)the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1436 of this title, as amended by section 8007, referred to in subsec. (a), is section 1436 of this title as amended by section 8007 of Pub. L. 115–271. Codification Section was enacted as part of the Synthetics Trafficking and Overdose Prevention Act of 2018, also known as the STOP Act of 2018, and also as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Communities Act, and not as part of the Tariff Act of 1930 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

§1436a Report on Violations of Arrival, Reporting, Entry, and Clearance Requirements and Falsity or Lack of Manifest