H. R. 3450—133
‘‘(G) The electronic selection of high risk entries for
examination (cargo selectivity and entry summary selectiv-
ity).
‘‘(2) Planned components:
‘‘(A) The electronic filing and status of protests.
‘‘(B) The electronic filing (including remote filing under
section 414) of entry information with the Customs Service
at any location.
‘‘(C) The electronic filing of import activity summary
statements and reconciliation.
‘‘(D) The electronic filing of bonds.
‘‘(E) The electronic penalty process.
‘‘(F) The electronic filing of drawback claims, records,
or entries.
‘‘(G) Any other component initiated by the Customs
Service to carry out the goals of this subpart.
‘‘(b) PARTICIPATION IN PROGRAM.—The Secretary shall by regu-
lation prescribe the eligibility criteria for participation in the Pro-
gram. Participation in the Program is voluntary.
‘‘SEC. 412. PROGRAM GOALS.
‘‘The goals of the Program are to ensure that all regulations
and rulings that are administered or enforced by the Customs
Service are administered and enforced in a manner that—
‘‘(1) is uniform and consistent;
‘‘(2) is as minimally intrusive upon the normal flow of
business activity as practicable; and
‘‘(3) improves compliance.
‘‘SEC. 413. IMPLEMENTATION AND EVALUATION OF PROGRAM.
‘‘(a) OVERALL PROGRAM PLAN.—
‘‘(1) IN
GENERAL.—Before the 180th day after the date
of the enactment of this Act, the Secretary shall develop and
transmit to the Committees an overall plan for the Program.
The overall Program plan shall set forth—
‘‘(A) a general description of the ultimate configuration
of the Program;
‘‘(B) a description of each of the existing components
of the Program listed in section 411(a)(1); and
‘‘(C) estimates regarding the stages on which planned
components of the Program listed in section 411(a)(2) will
be brought on-line.
‘‘(2) ADDITIONAL INFORMATION.—In addition to the informa-
tion required under paragraph (1), the overall Program plan
shall include a statement regarding—
‘‘(A) the extent to which the existing components of
the Program currently meet, and the planned components
will meet, the Program goals set forth in section 412;
and
‘‘(B) the effects that the existing components are cur-
rently having, and the effects that the planned components
will likely have, on—
‘‘(i) importers, brokers, and other users of the Pro-
gram, and
‘‘(ii) Customs Service occupations, operations, proc-
esses, and systems.
‘‘(b) IMPLEMENTATION PLAN, TESTING, AND EVALUATION.—
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H. R. 3450—134
‘‘(1) IMPLEMENTATION
PLAN.—For each of the planned
components of the Program listed in section 411(a)(2), the Sec-
retary shall—
‘‘(A) develop an implementation plan;
‘‘(B) test the component in order to assess its viability;
‘‘(C) evaluate the component in order to assess its
contribution toward achieving the program goals; and
‘‘(D) transmit to the Committees the implementation
plan, the testing results, and an evaluation report.
In developing an implementation plan under subparagraph (A)
and evaluating components under subparagraph (C), the Sec-
retary shall publish a request for comments in the Customs
Bulletin and shall consult with the trade community, including
importers, brokers, shippers, and other affected parties.
‘‘(2) IMPLEMENTATION.—
‘‘(A) The Secretary may implement on a permanent
basis any Program component referred to in paragraph
(1) on or after the date which is 30 days after paragraph
(1)(D) is complied with.
‘‘(B) For purposes of subparagraph (A), the 30 days
shall be computed by excluding—
‘‘(i) the days either House is not in session because
of an adjournment of more than 3 days to a day certain
or an adjournment of the Congress sine die, and
‘‘(ii) any Saturday and Sunday, not excluded under
clause (i), when either House is not in session.
‘‘(3) EVALUATION AND REPORT.—The Secretary shall—
‘‘(A) develop a user satisfaction survey of parties
participating in the Program;
‘‘(B) evaluate the results of the user satisfaction survey
on a biennial basis (fiscal years) and transmit a report
to the Committees on the evaluation by no later than
the 90th day after the close of each 2d fiscal year;
‘‘(C) with respect to the existing Program component
listed in section 411(a)(1)(G) transmit to the Committees—
‘‘(i) a written evaluation of such component before
the 180th day after the date of the enactment of this
section and before the implementation of the planned
Program components listed in section 411(a)(2) (B) and
(C), and
‘‘(ii) a report on such component for each of the
3 full fiscal years occurring after the date of the enact-
ment of this section, which report shall be transmitted
not later than the 90th day after the close of each
such year; and
‘‘(D) not later than the 90th day after the close of
fiscal year 1994, and annually thereafter through fiscal
year 2000, transmit to the Committees a written evaluation
with respect to the implementation and effect on users
of each of the planned Program components listed in section
411(a)(2).
In carrying out the provisions of this paragraph, the Secretary
shall publish requests for comments in the Customs Bulletin
and shall consult with the trade community, including import-
ers, brokers, shippers, and other affected parties.
‘‘(c) COMMITTEES.—For purposes of this section, the term
‘Committees’ means the Committee on Ways and Means of the
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H. R. 3450—135
House of Representatives and the Committee on Finance of the
Senate.
‘‘SEC. 414. REMOTE LOCATION FILING.
‘‘(a) CORE ENTRY INFORMATION.—
‘‘(1) IN GENERAL.—A Program participant may file electroni-
cally an entry of merchandise with the Customs Service from
a location other than the district designated in the entry for
examination (hereafter in this section referred to as a ‘remote
location’) if—
‘‘(A) the Customs Service is satisfied that the partici-
pant has the capabilities referred to in paragraph (2)(A)
regarding such method of filing; and
‘‘(B) the participant elects to file from the remote loca-
tion.
‘‘(2) REQUIREMENTS.—
‘‘(A) IN GENERAL.—In order to qualify for filing from
a remote location, a Program participant must have the
capability to provide, on an entry-by-entry basis, for the
following:
‘‘(i) The electronic entry of merchandise.
‘‘(ii) The electronic entry summary of required
information.
‘‘(iii) 
The 
electronic 
transmission 
of 
invoice
information (when required by the Customs Service).
‘‘(iv) The electronic payment of duties, fees, and
taxes.
‘‘(v) Such other electronic capabilities within the
existing or planned components of the Program as
the Secretary shall by regulation require.
‘‘(B) RESTRICTION
ON
EXEMPTION
FROM
REQUIRE-
MENTS.—The Customs Service may not permit any exemp-
tion or waiver from the requirements established by this
section for participation in remote entry filing.
‘‘(3) CONDITIONS ON FILING UNDER THIS SECTION.—The Sec-
retary may prohibit a Program participant from participating
in remote location filing, and may remove a Program participant
from participation in remote location filing, if the participant—
‘‘(i) fails to meet all the compliance requirements and
operational standards of remote location filing; or
‘‘(ii) fails to adhere to all applicable laws and regula-
tions.
‘‘(4) ALTERNATIVE FILING.—Any Program participant that
is eligible to file entry information electronically from a remote
location but chooses not to do so in the case of any entry
must file any paper documentation for the entry at the des-
ignated location referred to in subsection (d).
‘‘(b) ADDITIONAL ENTRY INFORMATION.—
‘‘(1) IN GENERAL.—A Program participant that is eligible
under subsection (a) to file entry information from a remote
location may, if the Customs Service is satisfied that the partici-
pant meets the requirements under paragraph (2), also elec-
tronically file from the remote location additional information
that is required by the Customs Service to be presented before
the acceptance of entry summary information and at the time
of acceptance of entry summary information.
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H. R. 3450—136
‘‘(2) REQUIREMENTS.—The Secretary shall publish, and
periodically update, a list of those capabilities within the exist-
ing and planned components of the Program that a Program
participant must have for purposes of this subsection.
‘‘(3) FILING OF ADDITIONAL INFORMATION.—
‘‘(A) IF INFORMATION ELECTRONICALLY ACCEPTABLE.—
A Program participant that is eligible under paragraph
(1) to file additional information from a remote location
shall electronically file all such information that the Cus-
toms Service can accept electronically.
‘‘(B) ALTERNATIVE FILING.—If the Customs Service can-
not accept additional information electronically, the Pro-
gram participant shall file the paper documentation with
respect to the information at the appropriate filing location.
‘‘(C) APPROPRIATE LOCATION.—For purposes of subpara-
graph (B), the ‘appropriate location’ is—
‘‘(i) before January 1, 1999, a designated location;
and
‘‘(ii) after December 31, 1998—
‘‘(I) if the paper documentation is required
for release, a designated location; or
‘‘(II) if the paper documentation is not required
for release, a remote location designated by the
Customs Service or a designated location.
‘‘(D) OTHER.—A Program participant that is eligible
under paragraph (1) to file additional information electroni-
cally from a remote location but chooses not to do so
must file the paper documentation with respect to the
information at a designated location.
‘‘(c) POST-ENTRY SUMMARY INFORMATION.—A Program partici-
pant that is eligible to file electronically entry information under
subsection (a) and additional information under subsection (b) from
a remote location may file at any remote location designated by
the Customs Service any information required by the Customs
Service after entry summary.
‘‘(d) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘designated location’ means a customs office
located in the customs district designated by the entry filer
for purposes of customs examination of the merchandise.
‘‘(2) The term ‘Program participant’ means, with respect
to an entry of merchandise, any party entitled to make the
entry under section 484(a)(2)(B).’’.
SEC. 632. DRAWBACK AND REFUNDS.
(a) AMENDMENTS.—Section 313 (19 U.S.C. 1313) is amended
as follows:
(1) Subsection (a) is amended—
(A) by inserting ‘‘or destruction under customs super-
vision’’ after ‘‘Upon the exportation’’;
(B) by inserting ‘‘provided that those articles have not
been used prior to such exportation or destruction,’’ after
‘‘manufactured or produced in the United States with the
use of imported merchandise,’’;
(C) by inserting ‘‘or destruction’’ after ‘‘refunded upon
the exportation’’; and
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