Customs Enforcement Enhancement Act of 2026

Section 1. Short Title. This Act may be cited as the 'Customs Enforcement Enhancement Act of 2026'. Section 2. Findings. Congress finds that enhanced customs enforcement is necessary to protect national security, public health, and economic interests. The Executive Branch has acted unilaterally, but Congress has the constitutional authority to regulate foreign commerce and provide for the common defense. Section 3. Increased Inspections. The Secretary of Homeland Security shall increase the number of physical inspections of cargo and passengers at ports of entry by 20% above fiscal year 2025 levels, subject to available appropriations. The Secretary shall prioritize inspections based on risk assessment criteria developed in consultation with the Commissioner of U.S. Customs and Border Protection. Section 4. Penalties. The maximum civil penalty for violations of customs laws (19 U.S.C. § 1592) is increased from $100,000 to $250,000 per violation, adjusted for inflation. Criminal penalties remain unchanged. The Secretary shall issue regulations providing due process protections, including notice and opportunity for hearing, before any penalty is imposed. Section 5. Data Sharing. The Secretary shall establish a secure data-sharing system with state and local law enforcement agencies for the purpose of identifying and interdicting contraband. Participation by states and localities is voluntary. No federal funds shall be withheld from non-participating jurisdictions. Section 6. Funding. There is authorized to be appropriated $500 million for fiscal year 2027 to carry out this Act, to remain available until expended. Funds shall be derived from general revenues and customs user fees. Section 7. Sunset. This Act shall expire five years after the date of enactment, unless reauthorized by Congress. Section 8. Oversight. The Comptroller General of the United States shall submit a report to Congress annually on the implementation and effectiveness of this Act, including any due process concerns. Section 9. Enforcement. The Attorney General may bring civil actions in federal district court to enforce compliance with this Act. Any person aggrieved by a penalty imposed under this Act may seek judicial review in accordance with chapter 7 of title 5, United States Code. Section 10. Severability. If any provision of this Act is held invalid, the remainder shall not be affected.