H. R. 3450—159
SEC. 664. SIMPLIFIED RECORDKEEPING FOR MERCHANDISE TRANS-
PORTED BY PIPELINE.
Part IV of title IV is amended by inserting after section 553
the following new section:
‘‘SEC. 553A. RECORDKEEPING FOR MERCHANDISE TRANSPORTED BY
PIPELINE.
‘‘Merchandise in Customs custody that is transported by pipe-
line may be accounted for on a quantitative basis, based on the
bill of lading, or equivalent document of receipt, issued by the
pipeline carrier. Unless the Customs Service has reasonable cause
to suspect fraud, the Customs Service may accept the bill of lading,
or equivalent document of receipt, issued by the pipeline carrier
to the shipper and accepted by the consignee to maintain identity.
The shipper, pipeline operator, and consignee shall be subject to
the recordkeeping requirements of sections 508 and 509.’’.
SEC. 665. ENTRY FOR WAREHOUSE.
Section 557(a) (19 U.S.C. 1557(a)) is amended—
(1) by designating the first 2 sentences of such subsection
as paragraph (1);
(2) by striking out in such paragraph (1) (as so designated)
‘‘: Provided, That the total period of time for which such mer-
chandise may remain in bonded warehouse shall not exceed
5 years from the date of importation.’’ and inserting the follow-
ing: ‘‘; except that—
‘‘(A) the total period of time for which such merchandise
may remain in bonded warehouse shall not exceed 5 years
from the date of importation; and
‘‘(B) turbine fuel may be withdrawn for use under section
309 without the payment of duty if an amount equal to the
quantity of fuel withdrawn is shown to be used within 30
days after the day of withdrawal, but duties (together with
interest payable from the date of the withdrawal at the rate
of interest established under section 6621 of title 26, United
States Code) shall be deposited by the 40th day after the
day of withdrawal on fuel that was withdrawn in excess of
the quantity shown to have been so used during such 30-
day period.’’; and
(3) by designating the remaining sentences of such sub-
section as paragraph (2).
SEC. 666. CARTAGE.
The first sentence of section 565 (19 U.S.C. 1565) is amended
to read as follows: ‘‘The cartage of merchandise entered for ware-
house shall be done by—
‘‘(1) cartmen appointed and licensed by the Customs Serv-
ice; or
‘‘(2) carriers designated under section 551 to carry bonded
merchandise;
who shall give bond, in a penal sum to be fixed by the Customs
Service, for the protection of the Government against any loss
of, or damage to, the merchandise while being so carted.’’.
SEC. 667. SEIZURE.
Section 612 (19 U.S.C. 1612) is amended—
(1) by amending subsection (a)—
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H. R. 3450—160
(A) by striking out ‘‘the appropriate customs officer’’,
‘‘such officer’’ and ‘‘the customs officer’’ wherever they
appear and inserting ‘‘the Customs Service’’, and
(B) by striking out ‘‘the appraiser’s return and his’’
and inserting ‘‘its’’; and
(2) by amending subsection (b) to read as follows:
‘‘(b) If the Customs Service determines that the expense of
keeping the vessel, vehicle, aircraft, merchandise, or baggage is
disproportionate to the value thereof, the Customs Service may
promptly order the destruction or other appropriate disposition
of such property under regulations prescribed by the Secretary.
No customs officer shall be liable for the destruction or other
disposition of property made pursuant to this section.’’.
SEC. 668. LIMITATION ON ACTIONS.
Section 621 (19 U.S.C. 1621) is amended—
(1) by inserting ‘‘any duty under section 592(d), 593A(d),
or’’ before ‘‘any pecuniary penalty’’; and
(2) by striking out ‘‘discovered:’’ and all that follows there-
after and inserting the following: ‘‘discovered; except that—
‘‘(1) in the case of an alleged violation of section 592 or
593A, no suit or action (including a suit or action for restoration
of lawful duties under subsection (d) of such sections) may
be instituted unless commenced within 5 years after the date
of the alleged violation or, if such violation arises out of fraud,
within 5 years after the date of discovery of fraud, and
‘‘(2) the time of the absence from the United States of
the person subject to the penalty or forfeiture, or of any conceal-
ment or absence of the property, shall not be reckoned within
the 5-year period of limitation.’’.
SEC. 669. COLLECTION OF FEES ON BEHALF OF OTHER AGENCIES.
The Tariff Act of 1930 is amended by inserting after section
528 the following new section:
‘‘SEC. 529. COLLECTION OF FEES ON BEHALF OF OTHER AGENCIES.
‘‘The Customs Service shall be reimbursed from the fees col-
lected for the cost and expense, administrative and otherwise,
incurred in collecting any fees on behalf of any government agency
for any reason.’’.
SEC. 670. AUTHORITY TO SETTLE CLAIMS.
The Tariff Act of 1930 is amended by inserting after section
629 the following new section:
‘‘SEC. 630. AUTHORITY TO SETTLE CLAIMS.
‘‘(a) IN GENERAL.—With respect to a claim that cannot be
settled under chapter 171 of title 28, United States Code, the
Secretary may settle, for not more than $50,000 in any one case,
a claim for damage to, or loss of, privately owned property caused
by an investigative or law enforcement officer (as defined in section
2680(h) of title 28, United States Code) who is employed by the
Customs Service and acting within the scope of his or her employ-
ment.
‘‘(b) LIMITATIONS.—The Secretary may not pay a claim under
subsection (a) that—
‘‘(1) concerns commercial property;
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H. R. 3450—161
‘‘(2) is presented to the Secretary more than 1 year after
it occurs; or
‘‘(3) is presented by an officer or employee of the United
States Government and arose within the scope of employment.
‘‘(c) FINAL SETTLEMENT.—A claim may be paid under this sec-
tion only if the claimant accepts the amount of settlement in com-
plete satisfaction of the claim.’’.
SEC. 671. USE OF PRIVATE COLLECTION AGENCIES.
The Tariff Act of 1930 is amended by inserting after section
630 the following new section:
‘‘SEC. 631. USE OF PRIVATE COLLECTION AGENCIES.
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
the Secretary, under such terms and conditions as the Secretary
considers appropriate, shall enter into contracts and incur obliga-
tions with one or more persons for collection services to recover
indebtedness arising under the customs laws and owed the United
States Government, but only after the Customs Service has
exhausted all administrative efforts, including all claims against
applicable surety bonds, to collect the indebtedness.
‘‘(b) CONTRACT
REQUIREMENTS.—Any contract entered into
under subsection (a) shall provide that—
‘‘(1) the Secretary retains the authority to resolve a dispute,
compromise a claim, end collection action, and refer a matter
to the Attorney General to bring a civil action; and
‘‘(2) the person is subject to—
‘‘(A) section 552a of title 5, United States Code, to
the extent provided in subsection (m) of such section; and
‘‘(B) laws and regulations of the United States Govern-
ment and State governments related to debt collection prac-
tices.’’.
Subtitle D—Miscellaneous Provisions and
Consequential and Conforming Amend-
ments to Other Laws
SEC. 681. AMENDMENTS TO THE HARMONIZED TARIFF SCHEDULE.
(a) RETURN SHIPMENTS.—General Note 4 of the Harmonized
Tariff Schedule of the United States is amended—
(1) by striking out ‘‘and’’ at the end of subdivision (c);
(2) by inserting ‘‘and’’ after ‘‘1930,’’ in subdivision (d);
(3) by inserting after subdivision (d) the following:
‘‘(e) articles exported from the United States which are
returned within 45 days after such exportation from the United
States as undeliverable and which have not left the custody
of the carrier or foreign customs service,’’; and
(4) by adding at the end the following new sentence: ‘‘No
exportation referred to in subdivision (e) may be treated as
satisfying any requirement for exportation in order to receive
a benefit from, or meet an obligation to, the United States
as a result of such exportation.’’.
(b) ENTRY NOT REQUIRED
FOR LOCOMOTIVES
AND RAILWAY
FREIGHT CARS.—
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H. R. 3450—162
(1) The Notes to chapter 86 of such Schedule are amended
by inserting after note 3 the following new note:
‘‘4. Railway locomotives (provided for in headings 8601 and 8602)
and railway freight cars (provided for in heading 8606) on which
no duty is owed are not subject to the entry or release requirements
for imported merchandise set forth in sections 448 and 484 of
the Tariff Act of 1930. The Secretary of the Treasury may by
regulation establish appropriate reporting requirements, including
the requirement that a bond be posted to ensure compliance.’’.
(2) The U.S. Notes to subchapter V of chapter 99 of such
Schedule are amended by inserting after note 8 the following
new note:
‘‘9. Railway freight cars provided for in subheadings 9905.86.05
and 9905.86.10 are not subject to the entry or release requirements
for imported merchandise set forth in sections 448 and 484 of
the Tariff Act of 1930. The Secretary of the Treasury may by
regulation establish appropriate reporting requirements, including
the requirement that a bond be posted to ensure compliance.’’.
(c) INSTRUMENTS OF INTERNATIONAL TRAFFIC.—The U.S. Notes
to subchapter III of chapter 98 of such Schedule is amended by
inserting after note 3 the following new note:
‘‘4. Instruments of international traffic, such as containers, lift
vans, rail cars and locomotives, truck cabs and trailers, etc. are
exempt from formal entry procedures but are required to be
accounted for when imported and exported into and out of the
United States, respectively, through the manifesting procedures
required for all international carriers by the United States Customs
Service. Fees associated with the importation of such instruments
of international traffic shall be reported and paid on a periodic
basis as required by regulations issued by the Secretary of the
Treasury and in accordance with 1956 Customs Convention on
Containers (20 UST 30; TIAS 6634).’’.
SEC. 682. CUSTOMS PERSONNEL AIRPORT WORK SHIFT REGULATION.
Section 13031(g) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(g)) is amended—
(1) by striking out ‘‘In addition to the regulations required
under paragraph (2), the’’ and inserting ‘‘The’’;
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 683. USE OF HARBOR MAINTENANCE TRUST FUND AMOUNTS FOR
ADMINISTRATIVE EXPENSES.
(a) IN GENERAL.—Paragraph (3) of section 9505(c) of the
Internal Revenue Code of 1986 (relating to expenditures from Har-
bor Maintenance Trust Fund) is amended to read as follows:
‘‘(3) for the payment of all expenses of administration
incurred by the Department of the Treasury, the Army Corps
of Engineers, and the Department of Commerce related to
the administration of subchapter A of chapter 36 (relating
to harbor maintenance tax), but not in excess of $5,000,000
for any fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to fiscal years beginning after the date of the enactment
of this Act.
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H. R. 3450—163
SEC. 684. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) AMENDMENTS RELATING TO ACCREDITATION OF PRIVATE LAB-
ORATORIES.—Title 28 of the United States Code is amended as
follows:
(1) Section 1581(g) is amended by—
(A) striking out ‘‘and’’ at the end of paragraph (1);
(B) by striking out the period at the end of paragraph
(2) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) any decision or order of the Customs Service to deny,
suspend, or revoke accreditation of a private laboratory under
section 499(b) of the Tariff Act of 1930.’’.
(2) Section 2631(g) is amended by inserting at the end
the following new paragraph:
‘‘(3) A civil action to review any decision or order of the Customs
Service to deny, suspend, or revoke accreditation of a private labora-
tory under section 499(b) of the Tariff Act of 1930 may be com-
menced in the Court of International Trade by the person whose
accreditation was denied, suspended, or revoked.’’.
(3) Section 2636 is amended—
(A) by redesignating subsection (h) as subsection (i);
and
(B) by inserting after subsection (g) the following new
subsection:
‘‘(h) A civil action contesting the denial, suspension, or revoca-
tion by the Customs Service of a private laboratory’s accreditation
under section 499(b) of the Tariff Act of 1930 is barred unless
commenced in accordance with the rules of the Court of Inter-
national Trade within 60 days after the date of the decision or
order of the Customs Service.’’.
(4) Section 2640 is amended—
(A) by redesignating subsection (d) as subsection (e);
and
(B) by inserting after subsection (c) the following new
subsection:
‘‘(d) In any civil action commenced to review any order or
decision of the Customs Service under section 499(b) of the Tariff
Act of 1930, the court shall review the action on the basis of
the record before the Customs Service at the time of issuing such
decision or order.’’.
(5) Section 2642 is amended by inserting before the period
the following: ‘‘or laboratories accredited by the Customs Serv-
ice under section 499(b) of the Tariff Act of 1930’’.
(b) APPLICATION OF SUBSECTION (a) AMENDMENTS.—For pur-
poses of applying the amendments made by subsection (a), any
decision or order of the Customs Service denying, suspending, or
revoking the accreditation of a private laboratory on or after the
date of the enactment of this Act and before regulations to imple-
ment section 499(b) of the Tariff Act of 1930 are issued shall
be treated as having been denied, suspended, or revoked under
such section 499(b).
(c) JURISDICTION OF COURT.—Section 1582(1) of title 28, United
States Code, is amended by inserting ‘‘593A,’’ after ‘‘592,’’.
(d) FILING OF OFFICIAL DOCUMENTS.—Section 2635(a) of title
28, United States Code, is amended to read as follows:
‘‘(a) In any action commenced in the Court of International
Trade contesting the denial of a protest under section 515 of the
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