PUBLIC LAW 100-203–DEC. 22, 1987 101 STAT. 1330-379 collected under subsection (a) except that portion of such fees that is required under paragraph (3) for the direct reimbursement of appropriations. "(2) All funds in the Customs User Fee Account shall be available, to the extent provided for in appropriations Acts, to pay the costs (other than costs for which direct reimbursement under paragraph (3) is required) incurred by the United States Customs Service in conducting commercial operations, including, but not limited to, all costs associated with commercial passenger, vessel, vehicle, aircraft, and cargo processing. So long as there is a surplus of funds in the Customs User Fee Account, the Secretary of the Treasury may not reduce personnel staffing levels for providing commercial clearance and preclearance services. "(3) The Secretary of the Treasury, in accordance with such section 524 and without regard to apportionment or any other administrative practice or limitation, shall directly reimburse, from the fees collected under subsection (a), each appropriation for the amount paid out of that appropriation for the costs incurred by the Secretary in providing— "(A) inspectional overtime services; and "(B) all preclearance services; for which the recipients of such services are not required to reimburse the Secretary of the Treasury. Reimbursement under this paragraph shall apply with respect to each fiscal year occurring after September 30, 1987, and shall be made at least quarterly. To the extent necessary, reimbursement of appropriations under this paragraph may be made on the basis of estimates made by the Secretary of the Treasury of the costs for inspectional overtime and preclearance services, and adjustments shall be made in subsequent reimbursements to the extent that the estimates were in excess of, or less than, the amounts required to be reimbursed.". (4) REGULATIONS.-Subsection (g) is amended (A) by striking out "(g) REGULATIONS.-The" and inserting "g) REGULATIONS. (1) In addition to the regulations required under paragraph (2), the "; and (B) by inserting at the end thereof the following new paragraph: "(2) The Secretary of the Treasury shall prescribe regulations governing the work shifts of customs personnel at airports. Such regulations shall provide, among such other factors considered appropriate by the Secretary, that "(A) the work shifts will be adjusted, as necessary, to meet cyclical and seasonal demands and to minimize the use of overtime; "(B) the work shifts will not be arbitrarily reduced or compressed; and "(C) consultation with the Advisory Committee on Commercial Operations of the United States Customs Service (established under section 9501(c) of the Omnibus Budget Reconciliation Act of 1987) will be carried out before adjustments are made in the work shifts.". (5) EXTENSION OF CUSTOMS USER FEES PROGRAM.-Subsection (j)(3) is amended by striking out “1989” and inserting “1990". (b) ADDITIONAL PERIOD TO CLAIM CERTAIN REFUNDS.-Section 1893(g)(2) of the Tax Reform Act of 1986 is amended by striking out "90 days after the date of enactment of this Act" and inserting_"90 days after the date of the enactment of the Omnibus Budget Reconciliation Act of 1987". 19 USC 58c note. 101 STAT. 1330-380 19 USC 3 note. 19 USC 58c note. PUBLIC LAW 100–203–DEC. 22, 1987 (c) ANALYSIS REGARDING THE CES PROGRAM; EFFECT ON IMPLEMENTATION OF PROGRAM. (1) The Comptroller General of the United States shall conduct a comprehensive analysis, including a cost-benefit study, of the centralized cargo examination station (CES) concept from the perspective of both the United States Customs Service and business community users. The analysis shall be submitted on the same day to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereinafter in this subsection referred to as the "Committees") not later than March 30, 1988, and shall include recommendations as to how best to implement cargo inspection procedures. (2) The United States Customs Service (A) may not, after the date of the enactment of this Act, establish any new centralized cargo examination station at any ocean port, airport, or land border location unless the Customs Service provides to the Committees advance notice, in writing, of not less than 90 days regarding the proposed establishment; and (B) shall, on such date of enactment, suspend operations at each centralized cargo examination station that was operating at an airport on the day before such date until the 90th day after a date (i) that is not earlier than the date on which the analysis required under paragraph (1) is submitted to the Committees, and (ii) on which the Customs Service provides to the Committees notice, in writing, that it intends to resume such operations at the station. During the period of suspension of operations under subparagraph (B) at any centralized cargo examination station at an airport, the Secretary of the Treasury shall maintain customs operations and staffing at that airport at a level not less than that which was in effect immediately before the suspension took effect. (d) EFFECTIVE DATES. (1) Except as otherwise provided in this subsection, the provisions of this section take effect on the date of the enactment of this Act. (2) The amendments made by subsection (aX1) apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act. (3) The amendment made by subsection (a)(3) shall take effect on October 1, 1987. SEC. 9502. UNITED STATES INTERNATIONAL AUTHORIZATIONS. TRADE COMMISSION Section 330(e)(2) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended (1) by striking out "1986" and inserting "1988"; and (2) by striking out “$28,901,000;” and inserting “$35,386,000;”. SEC. 9503. UNITED STATES CUSTOMS SERVICE AUTHORIZATIONS. (a) AUTHORIZATION OF APPROPRIATIONS.-Section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)) is amended to read as follows: "(b) AUTHORIZATION OF APPROPRIATIONS.- PUBLIC LAW 100-203-DEC. 22, 1987 101 STAT. 1330-381 "(1) FOR NONCOMMERCIAL OPERATIONS.-There are authorized to be appropriated for fiscal year 1988 not to exceed $348,192,000 for the salaries and expenses of the United States Customs Service that are incurred in noncommercial operations, of which $171,857.06 shall be available only for concluding Contract TC-82-54 that was awarded for the development and testing of an automatic license plate reader. "(2) FOR COMMERCIAL OPERATIONS.-There are authorized to be appropriated for fiscal year 1988 not to exceed $615,000,000 from the Customs User Fee Account for the salaries and expenses of the United States Customs Service that are incurred in commercial operations. "(3) FOR AIR INTERDICTION.-There are authorized to be appropriated for fiscal year 1988 not to exceed $118,309,000 for the operation (including salaries and expenses) and maintenance of the air interdiction program of the United States Customs Service.". (b) CONGRESSIONAL NOTICE OF CERTAIN ACTIONS.-Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended (1) by striking out "USE OF Savings Resulting from AdmINISTRATIVE CONSOLIDATIONS.-" in subsection (f); (2) by striking out "ALLOCATION OF RESOURCES.-" in subsection (g) and inserting “(1)”; and (3) by adding at the end of subsection (g) the following new paragraph: "(2) The Commissioner of Customs shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives at least 180 days prior to taking any action which would— “(A) result in any significant reduction in force of employees other than by means of attrition; "(B) result in any significant reduction in hours of operation or services rendered at any office of the United States Customs Service or any port of entry; "(C) eliminate or relocate any office of the United States Customs Service; "(D) eliminate any port of entry; or "(E) significantly reduce the number of employees assigned to any office of the United States Customs Service or any port of entry.". (c) ADVISORY COMMITTEE ON COMMERCIAL OPERATIONS OF THE UNITED STATES CUSTOMS SERVICE.— (1) The Secretary of the Treasury shall establish an advisory committee which shall be known as the "Advisory Committee on Commercial Operations of the United States Customs Service" (hereafter in this subsection referred to as the "Advisory Committee"). (2)(A) The Advisory Committee shall consist of 20 members appointed by the Secretary of the Treasury. (B) In making appointments under subparagraph (A), the Secretary of the Treasury shall ensure that (i) the membership of the Advisory Committee is representative of the individuals and firms affected by the commercial operations of the United States Customs Service; and Establishment. 19 USC 2071 note. 101 STAT. 1330-382 Reports. 19 USC 2071 note. PUBLIC LAW 100-203-DEC. 22, 1987 (ii) a majority of the members of the Advisory Committee do not belong to the same political party. (3) The Advisory Committee shall (A) provide advice to the Secretary of the Treasury on all matters involving the commercial operations of the United States Customs Service; and (B) submit an annual report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that shall— (i) describe the operations of the Advisory Committee during the preceding year, and (ii) set forth any recommendations of the Advisory Committee regarding the commercial operations of the United States Customs Service. (4) The Assistant Secretary of the Treasury for Enforcement shall preside over meetings of the Advisory Committee. (d) DISSOLUTION OF EXISTING ADVISORY COMMITTEE.-Section 13033 of the Consolidated Budget Reconciliation Act of 1985 is repealed. SEC. 9504. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Section 141(f)(1) of the Trade Act of 1974 (19 U.S.C. 2171(f)(1)) is amended to read as follows: "(fX1XA) There are authorized to be appropriated for fiscal year 1988 to the Office for the purposes of carrying out its functions not to exceed $15,172,000. "(B) of the amounts authorized to be appropriated under subparagraph (A) for fiscal year 1988 "(i) not to exceed $69,000 may be used for entertainment and representation expenses of the Office; and "(ii) not to exceed $1,000,000 shall remain available until expended.". To enhance the competitiveness of American industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Omnibus Trade and Competitiveness Act of 1988". (b) TABLE OF CONTENTS. Sec. 1. Short title and table of contents. TITLE I-TRADE, CUSTOMS, AND TARIFF LAWS Sec. 1001. Findings and purposes. Subtitle A-United States Trade Agreements PART 1-NEGOTIATION AND IMPLEMENTATION OF TRADE AGREEMENTS Sec. 1101. Overall and principal trade negotiating objectives of the United States. Sec. 1103. Implementation of trade agreements. Sec. 1104. Compensation authority. Sec. 1105. Termination and reservation authority, reciprocal nondiscriminatory treatment. Sec. 1106. Accession of state trading regimes to the General Agreement on Tariffs and Trade. Sec. 1107. Definitions and conforming amendments. PART 2-HEARINGS AND ADVICE CONCERNING NEGOTIATIONS Sec. 1111. Hearings and advice. PART 3-OTHER TRADE AGREEMENT AND NEGOTIATION PROVISIONS Sec. 1121. Implementation of Nairobi Protocol. Sec. 1122. Implementation of United States-EC Agreement on citrus and pasta. Sec. 1124. Negotiations on currency exchange rates. Sec. 1125. Reports on negotiations to eliminate wine trade barriers. Subtitle B-Implementation of the Harmonized Tariff Schedule Sec. 1201. Purposes. Sec. 1202. Definitions. Sec. 1203. Congressional approval of United States accession to the Convention. Sec. 1204. Enactment of the Harmonized Tariff Schedule. Sec. 1205. Commission review of, and recommendations regarding, the Harmonized Tariff Schedule. Sec. 1206. Presidential action on Commission recommendations. Sec. 1207. Publication of the Harmonized Tariff Schedule. Sec. 1208. Import and export statistics. Sec. 1209. Coordination of trade policy and the Convention. Sec. 1210. United States participation on the Customs Cooperation Council regard- Sec. 1211. Transition to the Harmonized Tariff Schedule. Sec. 1214. Conforming amendments. Sec. 1215. Negotiating authority for certain ADP equipment. Aug. 23, 1988 [H.R. 4848] Omnibus Trade and Competitiveness |