427
‘‘(e) articles exported from the United States
which are returned within 45 days after such expor-
tation from the United States as undeliverable and
which have not left the custody of the carrier or for-
eign customs service,’’; and
(4) by adding at the end the following new sen-
tence: ‘‘No exportation referred to in subdivision (e)
may be treated as satisfying any requirement for ex-
portation 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.—
(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 head-
ing 8606) on which no duty is owed are not subject to
the entry or release requirements for imported merchan-
dise 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 compli-
ance.’’.
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(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 require-
ment 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 follow-
ing new note:
‘‘4. Instruments of international traffic, such as contain-
ers, 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 ex-
ported into and out of the United States, respectively,
through the manifesting procedures required for all inter-
national 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 Sec-
retary of the Treasury and in accordance with 1956 Cus-
429
toms Convention on Containers (20 UST 30; TIAS
6634).’’.
SEC. 682. CUSTOMS PERSONNEL AIRPORT WORK SHIFT
REGULATION.
Section 13031(g) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(g)) is
amended—
(1) by striking out ‘‘In addition to the regula-
tions required under paragraph (2), the’’ and insert-
ing ‘‘The’’;
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (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 expendi-
tures from Harbor Maintenance Trust Fund) is amended
to read as follows:
‘‘(3) for the payment of all expenses of adminis-
tration incurred by the Department of the Treasury,
the Army Corps of Engineers, and the Department
of Commerce related to the administration of sub-
chapter A of chapter 36 (relating to harbor mainte-
430
nance 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.
SEC. 684. AMENDMENTS TO TITLE 28, UNITED STATES
CODE.
(a) AMENDMENTS RELATING TO ACCREDITATION OF
PRIVATE LABORATORIES.—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 para-
graph (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 Serv-
ice 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 accred-
itation of a private laboratory under section 499(b) of the
431
Tariff Act of 1930 may be commenced 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 sub-
section (i); and
(B) by inserting after subsection (g) the
following new subsection:
‘‘(h) A civil action contesting the denial, suspension,
or revocation by the Customs Service of a private labora-
tory’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 International 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 sub-
section (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.’’.
432
(5) Section 2642 is amended by inserting before
the period the following: ‘‘or laboratories accredited
by the Customs Service under section 499(b) of the
Tariff Act of 1930’’.
(b) APPLICATION
OF
SUBSECTION
(a) AMEND-
MENTS.—For purposes 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 enact-
ment of this Act and before regulations to implement sec-
tion 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 Inter-
national Trade contesting the denial of a protest under
section 515 of the Tariff Act of 1930 or the denial of a
petition under section 516 of such Act, the Customs Serv-
ice, as prescribed by the rules of the court, shall file with
the clerk of the court, as part of the official record, any
433
document, paper, information or data relating to the entry
of merchandise and the administrative determination that
is the subject of the protest or petition.’’.
SEC. 685. TREASURY FORFEITURE FUND.
Section 9703 of title 31, United States Code (as
added by Public Law 102–393), is amended—
(1) by redesignating subparagraphs (E), (F),
(G), (H), and (I) of subsection (a)(2) as subpara-
graphs (F), (G), (H), (I), and (J), respectively;
(2) by inserting after subparagraph (D) of sub-
section (a)(2) the following new subparagraph:
‘‘(E) the payment of claims against em-
ployees of the Customs Service settled by the
Secretary under section 630 of the Tariff Act
of 1930;’’; and
(3) by striking out ‘‘shall’’ the first place it ap-
pears in subsection (e) and inserting ‘‘may’’.
SEC. 686. AMENDMENTS TO THE REVISED STATUTES OF
THE UNITED STATES.
(a) TECHNICAL AMENDMENTS.—The Revised Stat-
utes of the United States are amended as follows:
(1) Section 2793 (19 U.S.C. 288, 46 U.S.C.
App. 111, 123) is amended—
(A) by striking out ‘‘Enrolled or licensed
vessels engaged in the foreign and coasting
434
trade on the northern, northeastern, and north-
western frontiers of the United States,’’ and in-
serting ‘‘Documented vessels with a coastwise,
Great Lakes endorsement,’’; and
(B) by striking out the first semicolon and
all the text that follows thereafter and inserting
a period.
(2) Section 3126 (19 U.S.C. 293) is amended—
(A) by striking out ‘‘Any vessel, on being
duly registered in pursuance of the laws of the
United States,’’ and inserting ‘‘Any United
States documented vessel with a registry or
coastwise endorsement, or both’’ and
(B) by striking out all the text occurring
after the first sentence.
(3) Section 3127 (19 U.S.C. 294) is amended
by striking out ‘‘in registered vessels’’ and inserting
‘‘a United States documented vessel with a registry
or coastwise endorsement, or both,’’.
(4) Section 4136 (46 U.S.C. App. 14) is
amended by striking out—
(A) ‘‘The Secretary of Commerce may
issue a register or enrollment’’ and inserting
‘‘The Secretary of Transportation may issue a
435
certificate of documentation with a coastwise
endorsement’’; and
(B) ‘‘Secretary of Commerce,’’ and insert-
ing ‘‘Secretary of Transportation,’’.
(5) Section 4336 (46 U.S.C. App. 277) is
amended—
(A) by striking out ‘‘register or enrollment
or license of any vessel’’ and inserting ‘‘certifi-
cate of documentation of any documented ves-
sel’’; and
(B) by striking out ‘‘Secretary of the
Treasury is not required to have its register or
enrollment or license’’ and inserting ‘‘Secretary
of Transportation is not required to have its
certificate of documentation’’.
(b) CLEARANCE REQUIREMENTS.—Section 4197 of
such Revised Statutes (46 U.S.C. App. 91) is amended
to read as follows:
‘‘SEC. 4197. CLEARANCE; VESSELS.
‘‘(a) WHEN REQUIRED; VESSELS OF THE UNITED
STATES.—Except as otherwise provided by law, any vessel
of the United States shall obtain clearance from the Cus-
toms Service before proceeding from a port or place in
the United States—
‘‘(1) for a foreign port or place;
436
‘‘(2) for another port or place in the United
States if the vessel has on board bonded merchan-
dise or foreign merchandise for which entry has not
been made; or
‘‘(3) outside the territorial sea to visit a hover-
ing vessel or to receive merchandise while outside
the territorial sea.
‘‘(b) WHEN REQUIRED; OTHER VESSELS.—Except
as otherwise provided by law, any vessel that is not a ves-
sel of the United States shall obtain clearance from the
Customs Service before proceeding from a port or place
in the United States—
‘‘(1) for a foreign port or place;
‘‘(2) for another port or place in the United
States; or
‘‘(3) outside the territorial sea to visit a hover-
ing vessel or to receive or deliver merchandise while
outside the territorial sea.
‘‘(c) REGULATIONS.—The Secretary of the Treasury
may by regulation—
‘‘(1) prescribe the manner in which clearance
under this section is to be obtained, including the
documents, data or information which shall be sub-
mitted or transmitted, pursuant to an authorized
data interchange system, to obtain the clearance;
437
‘‘(2) permit the Customs Service to grant clear-
ance for a vessel under this section before all re-
quirements for clearance are complied with, but only
if the owner or operator of the vessel files a bond
in an amount set by the Secretary of the Treasury
conditioned upon the compliance by the owner or op-
erator with all specified requirements for clearance
within a time period (not exceeding 4 business days)
established by the Secretary of the Treasury; and
‘‘(3) authorize the Customs Service to permit
clearance of any vessel to be obtained at a place
other than a designated port of entry, under such
conditions as he may prescribe.’’.
SEC. 687. AMENDMENTS TO TITLE 18, UNITED STATES
CODE.
Section 965(a) of title 18, United States Code, is
amended—
(1) by striking out ‘‘sections 91, 92, and 94 of
Title 46’’ and inserting ‘‘section 431 of the Tariff
Act of 1930 (19 U.S.C. 1431) and section 4197 of
the Revised Statutes of the United States (46
U.S.C. App. 91),’’;
(2) by striking out ‘‘the collector of customs for
the district wherein such vessel is then located’’ and
inserting ‘‘the Customs Service’’; and
438
(3) by striking out ‘‘the collector like’’ and in-
serting in lieu thereof ‘‘the Customs Service like’’.
SEC. 688. AMENDMENT TO THE ACT TO PREVENT POLLU-
TION FROM SHIPS.
Section 9(e) of the Act to Prevent Pollution from
Ships (94 Stat. 2301, 33 U.S.C. 1908(e)) is amended by
striking out ‘‘shall refuse or revoke’’ and all of the text
following thereafter and inserting ‘‘shall refuse or revoke
the clearance required by section 4197 of the Revised
Statutes of the United States (46 U.S.C. App. 91). Clear-
ance may be granted upon the filing of a bond or other
surety satisfactory to the Secretary.’’.
SEC. 689. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) ACT OF OCTOBER 3, 1913.—The Act of October
3, 1913, is amended—
(1) in section IV, J, subsection 1 (19 U.S.C.
128) by striking out ‘‘registered as a vessel of the
United States,’’ and inserting ‘‘documented under
chapter 121 of title 46, United States Code,’’; and
(2) in section IV, J, subsection 3 (19 U.S.C.
131)—
(A) by striking out ‘‘vessels of the United
States’’ and inserting ‘‘United States docu-
mented vessels’’; and
439
(B) by striking out ‘‘registered as a vessel
of the United States.’’ and inserting ‘‘docu-
mented under chapter 121 of title 46, United
States Code.’’.
(b) ACT OF AUGUST 5, 1935.—Section 4 of the Act
of August 5, 1935 (19 U.S.C. 1704) is amended—
(1) by striking out ‘‘whenever the collector of
customs of the district in which any vessel is, or is
sought to be, registered, enrolled, licensed, or num-
bered,’’ and inserting ‘‘when the Secretary of Trans-
portation’’;
(2) by striking out ‘‘such collector’’ and insert-
ing ‘‘the Secretary of Transportation’’;
(3) by striking out ‘‘said collector shall revoke
the registry, enrollment, license, or number of such
vessel’’ and inserting ‘‘the Secretary of Transpor-
tation shall revoke any endorsement on the vessel’s
certificate of documentation or number (when the
Secretary is the authority issuing the number under
chapter 123 of title 46, United States Code)’’; and
(4) by striking out ‘‘Such collector and all per-
sons’’ and inserting ‘‘The Secretary of Transpor-
tation and all persons’’.
440
(c) ACT OF NOVEMBER 6, 1966.—Sections 2(e) and
3(e) of the Act of November 6, 1966 (46 U.S.C. App.
817d(e) and 817e(e)) are each amended—
(1) by striking out ‘‘The collector of customs
at’’ and inserting ‘‘At’’; and
(2) by inserting ‘‘, the Customs Service’’ after
‘‘subsection (a) of this section’’.
SEC. 690. REPEAL OF OBSOLETE PROVISIONS OF LAW.
(a) REVISED STATUTES.—The following provisions of
the Revised Statutes of the United States are repealed:
(1) So much of section 2792 as is codified at
19 U.S.C. 289 and 46 U.S.C. App. 110 and 112 (as
in effect on the date of the enactment of this Act).
(2) Section 3111 (19 U.S.C. 282).
(3) Section 3118 (19 U.S.C. 286).
(4) Section 3119 (19 U.S.C. 287).
(5) Section 3122 (19 U.S.C. 290).
(6) Section 3124 (19 U.S.C. 291).
(7) Section 3125 (19 U.S.C. 292).
(8) Section 4198 (46 U.S.C. App. 94).
(9) Section 4199 (46 U.S.C. App. 93).
(10) Section 4201 (46 U.S.C. App. 96).
(11) Section 4207.
(12) Section 4208 (46 U.S.C. App. 102).
(13) Section 4213 (46 U.S.C. App. 101).
441
(14) So much of section 4221 as is codified at
46 U.S.C. App. 113 (as in effect on the date of the
enactment of this Act).
(15) Section 4222 (46 U.S.C. App. 126).
(16) Sections 4306, 4307, and 4308 (46 U.S.C.
App. 351 through 353).
(17) Section 4332 (46 U.S.C. App. 274).
(18) Section 4348 (46 U.S.C. App. 293).
(19) Section 4358 (46 U.S.C. App. 306).
(20) Section 4361 (46 U.S.C. App. 307).
(21) Sections 4362 through 4369 (46 U.S.C.
App. 308 through 315).
(22) Sections 4573 through 4576 (46 U.S.C.
App. 674 through 677).
(b) TARIFF ACT OF 1930.—The following sections of
the Tariff Act of 1930 are repealed:
(1) Section 432 (19 U.S.C. 1432).
(2) Section 435 (19 U.S.C. 1435).
(3) Section 437 (19 U.S.C. 1437).
(4) Section 439 (19 U.S.C. 1439).
(5) Section 440 (19 U.S.C. 1440).
(6) Sections 443, 444, and 445 (19 U.S.C.
1443, 1444, and 1445).
(7) Section 465 (19 U.S.C. 1465).
(8) Section 482 (19 U.S.C. 1482).
442
(9) Section 583 (19 U.S.C. 1583).
(10) Section 585 (19 U.S.C. 1585).
(c) MISCELLANEOUS PROVISIONS.—The following
provisions are repealed:
(1) Section 1 of the Act of February 10, 1900
(46 U.S.C. App. 131).
(2) Section 2 of the Act of April 29, 1908 (46
U.S.C. App. 127).
(3) Section 1 of the Act of July 1, 1916 (46
U.S.C. App. 130).
(4) Sections 1 and 2 of the Act of July 3, 1926
(46 U.S.C. App. 293a and 293b).
(5) The last undesignated paragraph of section
201 of the Act of August 5, 1935 (19 U.S.C.
1432a), is repealed.
(6) The Act of June 16, 1937 (19 U.S.C.
1435b).
(7) The Act of May 4, 1934 (46 U.S.C. App.
91a).
(8) Section 1403(b) of the Water Resources De-
velopment Act of 1986 (Public Law 99–662; 26
U.S.C. 4461 note).
SEC. 691. REPORTS TO CONGRESS.
(a) ANTIDUMPING
AND
COUNTERVAILING
DUTY
COLLECTIONS.—The Commissioner of Customs shall be-
443
fore the 60th day of each fiscal year after fiscal year 1994
submit to Congress a report regarding the collection dur-
ing the preceding fiscal year of duties imposed under the
antidumping and countervailing duty laws.
(b) CES FEE REPORT.—
(1) AMENDMENT.—Section 9501(c) of the Om-
nibus Budget Reconciliation Act of 1987 (19 U.S.C.
3 note) is amended by adding at the end the follow-
ing new paragraph:
‘‘(3) The Commissioner of Customs is author-
ized to obtain from the operators of centralized
cargo examination stations information regarding
the fees paid to them for the provision of services at
these stations.’’.
(2) REPORT.—Within 9 months after the date
of the enactment of this subsection, the Commis-
sioner of Customs shall submit to the Committees
referred to in section 9501(c) of the Omnibus Budg-
et Reconciliation Act of 1987, a report setting
forth—
(A) an estimate of the aggregate amount
of fees paid to operators of centralized cargo
examination stations during fiscal year 1993;
and
444
(B) the variations, if any, among customs
districts with respect to the amounts of the fees
charged for centralized cargo examination sta-
tion services.
(c) COMPLIANCE WITH CUSTOMS LAWS.—Section
123 of the Customs and Trade Act of 1990 (19 U.S.C.
2083) is amended—
(1) by redesignating subsection (d) as sub-
section (e), and
(2) by inserting after subsection (c) the follow-
ing:
‘‘(d) COMPLIANCE PROGRAM.—The Commissioner of
Customs shall—
‘‘(1) devise and implement a methodology for
estimating the level of compliance with the laws ad-
ministered by the Customs Service; and
‘‘(2) include as an additional part of the report
required to be submitted under subsection (a) for
each of fiscal years 1994, 1995, and 1996, an eval-
uation of the extent to which such compliance was
obtained during the 12-month period preceding the
60th day before each such fiscal year.’’.
(d) COURIER SERVICES COMPLIANCE REPORT.—The
Commissioner of Customs shall initiate a compliance re-
view of certain courier services which may not be eligible
445
for benefits under the regulations of the Customs Service
prescribed in part 128 of title 19 of the Code of Federal
Regulations and shall submit a report to Congress on the
results of such review within 1 year after the date of the
enactment of this Act.
SEC. 692. EFFECTIVE DATE.
This title takes effect on the date of the enactment
of this Act.
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