H. R. 3450—164
Tariff Act of 1930 or the denial of a petition under section 516
of such Act, the Customs Service, as prescribed by the rules of
the court, shall file with the clerk of the court, as part of the
official record, any 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 subparagraphs (F), (G), (H), (I), and
(J), respectively;
(2) by inserting after subparagraph (D) of subsection (a)(2)
the following new subparagraph:
‘‘(E) the payment of claims against employees 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 appears in
subsection (e) and inserting ‘‘may’’.
SEC. 686. AMENDMENTS TO THE REVISED STATUTES OF THE UNITED
STATES.
(a) TECHNICAL AMENDMENTS.—The Revised Statutes 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 trade on the northern,
northeastern, and northwestern frontiers of the United
States,’’ and inserting ‘‘Documented vessels with a coast-
wise, 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 insert-
ing ‘‘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 docu-
mented 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 Transpor-
tation may issue a certificate of documentation with a
coastwise endorsement’’; and
(B) ‘‘Secretary of Commerce,’’ and inserting ‘‘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 ‘‘certificate of documentation
of any documented vessel’’; and
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H. R. 3450—165
(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 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 if the
vessel has on board bonded merchandise or foreign merchandise
for which entry has not been made; or
‘‘(3) outside the territorial sea to visit a hovering 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 vessel 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 hovering 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 submitted or transmitted, pursuant
to an authorized data interchange system, to obtain the clear-
ance;
‘‘(2) permit the Customs Service to grant clearance for
a vessel under this section before all requirements 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
operator 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
(3) by striking out ‘‘the collector like’’ and inserting in
lieu thereof ‘‘the Customs Service like’’.
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H. R. 3450—166
SEC. 688. AMENDMENT TO THE ACT TO PREVENT POLLUTION 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 insert-
ing ‘‘shall refuse or revoke the clearance required by section 4197
of the Revised Statutes of the United States (46 U.S.C. App. 91).
Clearance 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 documented vessels’’; and
(B) by striking out ‘‘registered as a vessel of the United
States.’’ and inserting ‘‘documented 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 numbered,’’ and inserting ‘‘when the Sec-
retary of Transportation’’;
(2) by striking out ‘‘such collector’’ and inserting ‘‘the Sec-
retary of Transportation’’;
(3) by striking out ‘‘said collector shall revoke the registry,
enrollment, license, or number of such vessel’’ and inserting
‘‘the Secretary of Transportation 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 persons’’ and
inserting ‘‘The Secretary of Transportation and all persons’’.
(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 insert-
ing ‘‘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).
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H. R. 3450—167
(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).
(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).
(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 Development
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 before the 60th day of each
fiscal year after fiscal year 1994 submit to Congress a report regard-
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H. R. 3450—168
ing the collection during 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 Omnibus Budget
Reconciliation Act of 1987 (19 U.S.C. 3 note) is amended by
adding at the end the following new paragraph:
‘‘(3) The Commissioner of Customs is authorized 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 enact-
ment of this subsection, the Commissioner of Customs shall
submit to the Committees referred to in section 9501(c) of
the Omnibus Budget 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 dur-
ing fiscal year 1993; and
(B) the variations, if any, among customs districts with
respect to the amounts of the fees charged for centralized
cargo examination station services.
(c) COMPLIANCE WITH CUSTOMS LAWS.—Section 123 of the Cus-
toms and Trade Act of 1990 (19 U.S.C. 2083) is amended—
(1) by redesignating subsection (d) as subsection (e), and
(2) by inserting after subsection (c) the following:
‘‘(d) COMPLIANCE PROGRAM.—The Commissioner of Customs
shall—
‘‘(1) devise and implement a methodology for estimating
the level of compliance with the laws administered 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 evaluation 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 Commis-
sioner of Customs shall initiate a compliance review of certain
courier services which may not be eligible 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.
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