19 U.S.C. § 1436a — Report on violations of arrival, report-

Page 162 TITLE 19—CUSTOMS DUTIES § 1436a (B) Written notification U.S. Customs and Border Protection shall issue a written notification to the Postal Service with respect to each exercise of the authority of subparagraph (A) to reduce or dismiss a civil penalty imposed pursuant to paragraph (1). (3) Ongoing lack of compliance If U.S. Customs and Border Protection deter- mines that the United States Postal Service— (A) has repeatedly committed violations of section 1415(a)(3)(K)(vii)(I) of this title, (B) has failed to cooperate with U.S. Cus- toms and Border Protection with respect to violations of section 1415(a)(3)(K)(vii)(I) of this title, and (C) has an increasing error rate in compli- ance with section 1415(a)(3)(K) of this title, civil penalties may be imposed against the United States Postal Service until corrective action, satisfactory to U.S. Customs and Bor- der Protection, is taken. (June 17, 1930, ch. 497, title IV, § 436, 46 Stat. 711; Aug. 5, 1935, ch. 438, title II, § 202, 49 Stat. 521; Pub. L. 99–570, title III, § 3113(a), Oct. 27, 1986, 100 Stat. 3207–81; Pub. L. 103–182, title VI, § 611, Dec. 8, 1993, 107 Stat. 2170; Pub. L. 104–295, § 21(e)(3), Oct. 11, 1996, 110 Stat. 3530; Pub. L. 115–271, title VIII, § 8007, Oct. 24, 2018, 132 Stat. 4080.) Editorial Notes CODIFICATION In subsec. (a)(1) to (3), ‘‘section 60105 of title 46’’ sub- stituted for ‘‘section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping. In subsec. (a)(3), ‘‘section 1644a(b)(1) or (c)(1) of this title’’ substituted for ‘‘section 1109 of the Federal Avia- tion Act of 1958 (49 U.S.C. App. 1509)’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in R.S. § 2834, as amended by act Mar. 3, 1897, ch. 389, § 15, 29 Stat. 691, which was superseded by act Sept. 21, 1922, ch. 356, title IV, § 436, 42 Stat. 951, and was re- pealed by section 642 thereof. Section 436 of the 1922 act was superseded by section 436 of act June 17, 1930, com- prising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 2018—Subsec. (e). Pub. L. 115–271 added subsec. (e). 1996—Subsec. (a)(2). Pub. L. 104–295 substituted ‘‘1431’’ for ‘‘1431(e)’’ and struck out ‘‘or’’ after semicolon at end. 1993—Pub. L. 103–182, § 611(2), substituted ‘‘entry, and clearance’’ for ‘‘and entry’’ in section catchline. Subsec. (a)(1). Pub. L. 103–182, § 611(1)(A), substituted ‘‘section 1431, 1433, or 1434 of this title or section 91 of title 46, Appendix’’ for ‘‘section 1433 of this title’’. Subsec. (a)(2), (3). Pub. L. 103–182, § 611(1)(B), (C), amended pars. (2) and (3) generally. Prior to amend- ment, pars. (2) and (3) read as follows: ‘‘(2) to present any forged, altered, or false document, paper, or manifest to a customs officer under section 1433(d) of this title without revealing the facts; ‘‘(3) to fail to make entry as required by section 1434, 1435, or 1644 of this title or section 1509 of title 49, Ap- pendix; or’’. 1986—Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: ‘‘Every master who fails to make the report or entry provided for in sections 1433, 1434, or 1435 of this title shall, for each of- fense, be liable to a fine of not more than $1,000 and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or any spirits, wines, or other alcoholic liquors, such master shall be subject to an additional fine of not more than $2,000 or to imprisonment for not more than one year, or to both such fine and imprisonment. ‘‘Every master who presents a forged, altered, or false document or paper on making entry of a vessel as re- quired by section 1434 or 1435 of this title, knowing the same to be forged, altered, or false and without reveal- ing the fact, shall, in addition to any forfeiture to which in consequence the vessel may be subject, be lia- ble to a fine of not more than $5,000 nor less than $50 or to imprisonment for not more than two years, or to both such fine and imprisonment.’’ 1935—Act Aug. 5, 1935, inserted provisions relating to additional penalty for vessel carrying nonimportable merchandise or liquor and added second par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–271, title VIII, § 8009(a), Oct. 24, 2018, 132 Stat. 4081, provided that: ‘‘This subtitle [subtitle A (§§ 8001–8009) of title VIII of Pub. L. 115–271, see Short Title of 2018 Amendment note set out under section 1 of this title] and the amendments made by this subtitle (other than the amendments made by section 8002 [amending section 58c of this title]) shall take effect on the date of the enactment of this Act [Oct. 24, 2018].’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1436a. Report on violations of arrival, report- ing, entry, and clearance requirements and falsity or lack of manifest (a) In general The Commissioner of U.S. Customs and Border Protection shall submit to the appropriate con- gressional 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 sec- tion 1584 of this title that occurred during the previous year. (b) Information described The information described in this subsection is the following: (1) The name and address of the violator. (2) The specific violation that was com- mitted. (3) The location or port of entry through which the items were transported. (4) An inventory of the items seized, includ- ing a description of the items and the quantity seized. Page 163 TITLE 19—CUSTOMS DUTIES § 1441 (5) The location from which the items origi- nated. (6) The entity responsible for the apprehen- sion 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. Cus- toms and Border Protection could have levied, organized by name of the violator and location or port of entry. (9) The rationale for negotiating lower pen- alties, organized by name of the violator and location or port of entry. (c) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Finance and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate; and (2) the Committee on Ways and Means, the Committee on Oversight and Government Re- form, and the Committee on Homeland Secu- rity of the House of Representatives. (Pub. L. 115–271, title VIII, § 8008, Oct. 24, 2018, 132 Stat. 4081.) 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 Traf- ficking 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 Com- munities Act, also known as the SUPPORT for Pa- tients 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 Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 1437. Repealed. Pub. L. 103–182, title VI, § 690(b)(3), Dec. 8, 1993, 107 Stat. 2223 Section, act June 17, 1930, ch. 497, title IV, § 437, 46 Stat. 711, provided for return of register or document to master or owner of vessel upon clearance. § 1438. Unlawful return of foreign vessel’s papers It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section 1434 of this title, or regulations issued thereunder, until such master shall produce to him a clearance in due form from the Customs Service in the port in which such vessel has en- tered. Any consul offending against the provi- sions of this section shall be liable to a fine of not more than $5,000. (June 17, 1930, ch. 497, title IV, § 438, 46 Stat. 712; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 103–182, title VI, § 654, Dec. 8, 1993, 107 Stat. 2210.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 438, 42 Stat. 952. That section was superseded by section 438 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1993—Pub. L. 103–182 substituted ‘‘section 1434’’ for ‘‘section 1435’’, inserted ‘‘, or regulations issued there- under,’’ before ‘‘until such master’’, and substituted ‘‘the Customs Service in the port in which such vessel has entered’’ for ‘‘the appropriate customs officer of the port where such vessel has been entered’’. 1970—Pub. L. 91–271 substituted reference to appro- priate customs officers for reference to collector. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. §§ 1439, 1440. Repealed. Pub. L. 103–182, title VI, § 690(b)(4), (5), Dec. 8, 1993, 107 Stat. 2223 Section 1439, acts June 17, 1930, ch. 497, title IV, § 439, 46 Stat. 712; Aug. 8, 1953, ch. 397, § 2(b), 67 Stat. 507, re- quired master of a vessel from a foreign port or place, immediately upon arrival, to mail or deliver to des- ignated employee a copy of manifest and any correc- tions thereto. Section 1440, acts June 17, 1930, ch. 497, title IV, § 440, 46 Stat. 712; Aug. 8, 1953, ch. 397, § 2(c), 67 Stat. 508, re- quired master of a vessel to make post entry of any baggage or merchandise not included on manifest and to mail or deliver such entry to designated employee. § 1441. Exceptions to vessel entry and clearance requirements The following vessels shall not be required to make entry under section 1434 of this title or to obtain clearance under section 60105 of title 46: (1) Vessels of war and public vessels em- ployed for the conveyance of letters and dis-