[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3905 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 3905

  To provide for the refund of duties imposed under the International 
                     Emergency Economic Powers Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2026

   Mr. Wyden (for himself, Mr. Markey, Mrs. Shaheen, Mr. Lujan, Ms. 
Hirono, Mr. Coons, Mr. Hickenlooper, Mr. King, Ms. Alsobrooks, Mr. Kim, 
   Ms. Cantwell, Ms. Rosen, Mr. Durbin, Mr. Kaine, Mr. Padilla, Mr. 
 Warner, Mr. Schiff, Mr. Blumenthal, Mr. Schumer, Mrs. Murray, Mr. Van 
 Hollen, Mr. Bennet, Mr. Peters, Ms. Blunt Rochester, Mr. Merkley, and 
 Mr. Warnock) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To provide for the refund of duties imposed under the International 
                     Emergency Economic Powers Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tariff Refund Act of 2026''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) in light of the holding by the Supreme Court that 
        duties imposed under the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.) are unlawful, the 
        Commissioner of U.S. Customs and Border Protection must pay 
        refunds of those unlawfully collected duties;
            (2) the Commissioner should process those refunds as 
        swiftly as possible and without imposing additional 
        requirements that disproportionately hinder individuals and 
        small businesses from obtaining refunds; and
            (3) importers, wholesalers, and larger businesses, 
        especially those that raised prices or passed on direct costs 
        from those unlawful duties while they were in place, should 
        pass on the refunds to their customers, including small 
        businesses and families impacted by those duties.

SEC. 3. REFUND OF DUTIES IMPOSED UNDER INTERNATIONAL EMERGENCY ECONOMIC 
              POWERS ACT.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of 
1930 (19 U.S.C. 1514) or any other provision of law, the Commissioner 
of U.S. Customs and Border Protection shall, not later than 180 days 
after the date of the enactment of this Act, refund, with interest, to 
each importer of a covered article all duties imposed under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) 
and paid with respect to the article.
    (b) Reliquidation Authority.--In the case of an entry of a covered 
article that was liquidated before the date of the enactment of this 
Act, the Commissioner shall reliquidate the entry at the rate of duty 
applicable to the article in the absence of any duty imposed under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) in 
order to pay a refund required under subsection (a).
    (c) Prioritization of Small Businesses.--The Commissioner shall, to 
the extent practicable, prioritize the payment of refunds under 
subsection (a) to small business concerns.
    (d) Outreach to Small Businesses.--The Commissioner shall 
coordinate with the Administrator of the Small Business Administration 
to disseminate information to small business concerns about the payment 
of refunds under subsection (a), including any required documentation, 
actions small business concerns should take, and the expected timeline 
for refunds.
    (e) Reports Required.--Not later than 30 days after the date of the 
enactment of this Act, and every 30 days thereafter until the payment 
of all refunds required under subsection (a) has been completed, the 
Commissioner shall submit to the Committee on Finance and the Committee 
on Small Business and Entrepreneurship of the Senate and the Committee 
on Ways and Means and the Committee on Small Business of the House of 
Representatives a report on the implementation of this section that 
includes--
            (1) a statement of the number of refunds issued and the 
        amount of duties refunded under subsection (a) during the 30-
        day period preceding submission of the report, including a 
        breakdown between small business concerns and other business 
        concerns; and
            (2) an estimate of the time anticipated to be required to 
        complete the payment of refunds of all duties under subsection 
        (a).
    (f) Guidance on Drawbacks.--Not later than 60 days after the date 
of the enactment of this Act, the Commissioner shall issue guidance 
with respect to how to address claims for drawback under section 313 of 
the Tariff Act of 1930 (19 U.S.C. 1313) of duties described in 
subsection (a).
    (g) Definitions.--In this section:
            (1) Covered article.--The term ``covered article'' means an 
        article with respect to which the President imposed duties 
        under the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.).
            (2) Enter; entry.--The terms ``enter'' and ``entry'' 
        include a withdrawal from warehouse for consumption.
            (3) Small business concern.--The term ``small business 
        concern'' has the meaning given that term in section 3 of the 
        Small Business Act (15 U.S.C. 632).
                                 <all>