I

105TH CONGRESS

2D SESSION H. R. 4819

To provide for the continuation of preclearance activities for air transit

passengers and enhanced inspectional services for vessel passengers, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 13, 1998

Mr. SHAW (for himself, Mr. DEUTSCH, Mr. RAMSTAD, Mr. HASTINGS of Florida, Mr. DIAZ-BALART, Ms. ROS-LEHTINEN, Mr. BILIRAKIS, Mr. FOLEY,

Mrs. MEEK of Florida, Mr. DAVIS of Florida, Mr. WEXLER, Mr. MCCOLLUM, and Mr. CAMP) introduced the following bill; which was referred to

the Committee on Ways and Means

A BILL

To provide for the continuation of preclearance activities

for air transit passengers and enhanced inspectional services for vessel passengers, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Passenger Services En5 hancement Act’’.

6 SEC. 2. CUSTOMS USER FEES.

7 (a) ADDITIONAL PRECLEARANCE ACTIVITIES.—Sec8 tion 13031(f)(3)(A)(iii) of the Consolidated Omnibus
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1 Budget Reconciliation Act of 1985 (19 U.S.C.

2 58c(f)(3)(A)(iii)) is amended to read as follows:

3 ‘‘(iii) to the extent funds remain available after

4 making reimbursements under clause (ii), in provid5 ing salaries for up to 50 full-time equivalent

6 inspectional positions to provide preclearance serv7 ices.’’.

8 (b) COLLECTION OF FEES FOR PASSENGERS ABOARD

9 COMMERCIAL VESSELS.—Section 13031 of the Consoli10 dated Omnibus Budget Reconciliation Act of 1985 (19

11 U.S.C. 58c) is amended—

12 (1) in subsection (a), by amending paragraph

13 (5) to read as follows:

14 ‘‘(5)(A) Subject to subparagraph (B), for the

15 arrival of each passenger aboard a commercial vessel

16 or commercial aircraft from a place outside the

17 United States (other than a place referred to in sub18 section (b)(1)(A)(i) of this section), $5.

19 ‘‘(B) For the arrival of each passenger aboard

20 a commercial vessel from a place referred to in sub21 section (b)(1)(A)(i) of this section, $1.75’’; and

22 (2) in subsection (b)(1)(A), by striking ‘‘(A) No

23 fee’’ and inserting ‘‘(A) Except as provided in sub24 section (a)(5)(B) of this section, no fee’’.
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1 (c) USE OF MERCHANDISE PROCESSING FEES FOR

2 AUTOMATED COMMERCIAL SYSTEMS.—Section 13031(f)

3 of the Consolidated Omnibus Budget Reconciliation Act

4 of 1985 (19 U.S.C. 58c(f)) is amended by adding at the

5 end the following:

6 ‘‘(6) Of the amounts collected in fiscal year 1999

7 under paragraphs (9) and (10) of subsection (a),

8 $50,000,000 shall be available to the Customs Service,

9 subject to appropriations Acts, for automated commercial

10 systems. Amounts made available under this paragraph

11 shall remain available until expended.’’.

12 (d) ADVISORY COMMITTEE.—Section 13031 of the

13 Consolidated Omnibus Budget Reconciliation Act of 1985

14 (19 U.S.C. 58c) is amended by adding at the end the fol15 lowing:

16 ‘‘(k) ADVISORY COMMITTEE.—The Commissioner of

17 Customs shall establish an advisory committee whose

18 membership shall consist of representatives from the air19 line, cruise ship, and other transportation industries who

20 may be subject to fees under subsection (a). The advisory

21 committee shall not be subject to termination under sec22 tion 14 of the Federal Advisory Committee Act. The advi23 sory committee shall meet on a periodic basis and shall

24 advise the Commissioner on issues related to the perform25 ance of the inspectional services of the United States Cus-
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1 toms Service. Such advice shall include, but not be limited

2 to, such issues as the time periods during which such serv3 ices should be performed, the proper number and deploy4 ment of inspection officers, the level of fees, and the ap5 propriateness of any proposed fee. The Commissioner shall

6 give consideration to the views of the advisory committee

7 in the exercise of his or her duties.’’.

8 (e) NATIONAL CUSTOMS AUTOMATION TEST RE9 GARDING RECONCILIATION.—Section 505(c) of the Tariff

10 Act of 1930 (19 U.S.C. 1505(c)) is amended by adding

11 at the end the following: ‘‘For the period beginning on

12 October 1, 1998, and ending on the date on which the

13 ‘Revised National Customs Automation Test Regarding

14 Reconciliation’ of the Customs Service is terminated, or

15 October 1, 2000, whichever occurs earlier, the Secretary

16 may prescribe an alternative mid-point interest accounting

17 methodology, which may be employed by the importer,

18 based upon aggregate data in lieu of accounting for such

19 interest from each deposit data provided in this sub20 section.’’.

21 (f) EFFECTIVE DATE.—The amendments made by

22 this section shall take effect 30 days after the date of the

23 enactment of this Act.

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