II

104TH CONGRESS

2D SESSION S. 1771

To amend the Consolidated Omnibus Reconciliation Act of 1985 to clarify

that the fee for providing customs services in connection with passengers

arriving on commercial vessels making a single voyage may be collected

only one time from each passenger, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 17, 1996

Mr. MURKOWSKI introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To amend the Consolidated Omnibus Reconciliation Act of

1985 to clarify that the fee for providing customs services in connection with passengers arriving on commercial vessels making a single voyage may be collected

only one time from each passenger, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FEES FOR CERTAIN CUSTOMS SERVICES.

4 (a) IN GENERAL.—Section 13031(a)(5) of the Con5 solidated Omnibus Budget Reconciliation Act of 1985 (19

6 U.S.C. 58c(a)(5)) is amended—
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1 (1) in subparagraph (A), by inserting ‘‘a place’’

2 after ‘‘aircraft from’’; and

3 (2) in subparagraph (B), by striking ‘‘sub4 section (b)(1)(A)’’ and inserting ‘‘subsection

5 (b)(1)(A)(i)’’.

6 (b) LIMITATION ON FEES.—Section 13031(b)(1) of

7 the Consolidated Omnibus Budget Reconciliation Act of

8 1985 (19 U.S.C. 58c(b)(1)) is amended to read as follows:

9 ‘‘(b) LIMITATIONS ON FEES.—(1)(A) No fee may be

10 charged under subsection (a) of this section for customs

11 services provided in connection with—

12 ‘‘(i) the arrival of any passenger whose jour13 ney—

14 ‘‘(I) originated in—

15 ‘‘(aa) Canada,

16 ‘‘(bb) Mexico,

17 ‘‘(cc) a territory or possession of the

18 United States, or

19 ‘‘(dd) any adjacent island (within the

20 meaning of section 101(b)(5) of the Immi21 gration and Nationality Act (8 U.S.C.

22 1101(b)(5))), or

23 ‘‘(II) originated in the United States and

24 was limited to—

25 ‘‘(aa) Canada,
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1 ‘‘(bb) Mexico,

2 ‘‘(cc) territories and possessions of the

3 United States, and

4 ‘‘(dd) such adjacent islands;

5 ‘‘(ii) the arrival of any railroad car the journey

6 of which originates and terminates in the same

7 country, but only if no passengers board or dis8 embark from the train and no cargo is loaded or un9 loaded from such car while the car is within any

10 country other than the country in which such car

11 originates and terminates;

12 ‘‘(iii) the arrival of any ferry; or

13 ‘‘(iv) the arrival of any passenger on board a

14 commercial vessel traveling only between ports which

15 are within the customs territory of the United

16 States.

17 ‘‘(B) The exemption provided for in subparagraph

18 (A) shall not apply in the case of the arrival of any pas19 senger on board a commercial vessel whose journey origi20 nates and terminates at the same place in the United

21 States if there are no intervening stops.

22 ‘‘(C) The exemption provided for in subparagraph

23 (A)(i) shall not apply to fiscal years 1994, 1995, 1996,

24 and 1997.’’.
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1 (c) FEE ASSESSED ONLY ONCE.—Section

2 13031(b)(4) of the Consolidated Omnibus Budget Rec3 onciliation Act of 1985 (19 U.S.C. 58c(b)(4)) is amend4 ed—

5 (1) by redesignating subparagraphs (A) and

6 (B) as clauses (i) and (ii), respectively;

7 (2) by striking ‘‘No fee’’ and inserting ‘‘(A) No

8 fee’’; and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(B) In the case of a commercial vessel making a

12 single voyage involving 2 or more United States ports with

13 respect to which the passengers would otherwise be

14 charged a fee pursuant to subsection (a)(5), such fee shall

15 be charged only 1 time for each passenger.’’.

16 (d) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect as if included in the amend18 ments made by section 521 of the North American Free

19 Trade Agreement Implementation Act.

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