CUSTOMS USER FEES.

SEC. 10001. CUSTOMS USER FEES. (a) Extension of Effective Period for Fees.—Paragraph (3) of section 130310) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking out “1991” and inserting “1995”. (b) Adjustment of Fees for Formally-Entered Merchandise.—Paragraph (9) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9)) is amended to read as follows: “(9) (A) For the processing of merchandise that is formally entered or released during any fiscal year, a fee in an amount equal to 0.17 percent ad valorem, unless adjusted under subparagraph (B). “(B) (i) The Secretary of the Treasury may adjust the ad valorem rate specified in subparagraph (A) to an ad valorem rate (but not to a rate of more than 0.19 percent nor less than 0.15 percent) that would, if charged, offset the salaries and expenses that will likely be incurred by the Customs Service in the processing of such entries and releases during the fiscal year in which such costs are incurred. “(ii) In determining the amount of any adjustment under clause (i), the Secretary of the Treasury shall take into account whether there is a surplus or deficit in the fund established under section 613A of the Tariff Act of 1930 with respect to the provision of customs services for the processing of formal en-tries and releases of merchandise. “(iii) An adjustment may not be made under clause (i) with respect to the fee charged during any fiscal year unless the Secretary of the Treasury— “(I) not later than 45 days after the date of the enactment of the Act providing full-year appropriations for the Customs Service for that fiscal year, publishes in the Federal Register a notice of intent to adjust the fee under this paragraph and the amount of such adjustment; “(II) provides a period of not less than 30 days following publication of the notice described in subclause (I) for public comment and consultation with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding the proposed adjustment and the methodology used to determine such adjustment; “(III) upon the expiration of the period provided under subclause (II), notifies such committees in writing regarding the final determination to adjust the fee, the amount of such adjustment, and the methodology used to determine such adjustment; and 104 STAT. 1388–386 “(IV) upon the expiration of the 15-day period following the written notification described in subclause (III), submits for publication in the Federal Register notice of the final determination regarding the adjustment of the fee. “(iv) The 15-day period referred to in clause (iii)(IV) shall be computed by excluding— “(I) the days on which 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 subclause (I), when either House is not in session. “(v) An adjustment made under this subparagraph shall become effective with respect to formal entries and releases made on or after the 15th calendar day after the date of publication of the notice described in clause (iii)(TV) and shall remain in effect until adjusted under this subparagraph. “(C) If for any fiscal year, the Secretary of the Treasury determines not to make an adjustment under subparagraph (B), the Secretary shall, within the time prescribed under subparagraph (B)(iii)(I). submit a written report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives detailing the reasons for maintaining the current fee and the methodology used for computing such fee. “(D) Any fee charged under this paragraph, whether or not adjusted under subparagraph (B), is subject to the limitations in subsection (b)(S)(A).”. (c) Aggregation of Merchandise Processing Fees.—Section lll(f)(l)(B) of the Customs and Trade Act of 1990 (Public Law 101–382) is amended by striking out “determined in” and inserting “currently in effect under”. (d) Customs Service Administration.—Section 113 of the Customs and Trade Act of 1990 is amended— (1) by inserting “and” after the semicolon at the end of subsection (a)(D; (2) by striking out the semicolon at the end of subsection (a)(2) and inserting a period; (3) by striking out paragraphs (3), (4), and (5) of subsection (a); and (4) by striking out “Committees referred to in subsection (a)(5)” in subsection (b) and inserting “Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate”. (e) Merchandise Processing Fees for Certain Small Airports.— (1) Section 13031(a)(10)(C) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(10)(C)) is amended by striking “applies,” and inserting “applies, if more than 25,000 informal entries were cleared through such airport or facility during the fiscal year preceding such entry or release,”. (2) Section 13O31(b)(9) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) is amended by inserting “, if more than 25,000 informal entries were cleared through such airport or facility during the preceding fiscal year” in subparagraph (B)(ii) before the end period. 104 STAT. 1388–387 (f) Manual Entries and Releases.—Clause (ii) of section 13031(b)(8)(C) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(8)(C)(ii)) is amended to read as follows: “(ii) any reference to a manual formal or informal entry or release includes any entry or release filed by a broker or importer that requires the inputting of cargo selectivity data into the Automated Commercial System by customs personnel, except when— “(I) the broker or importer is certified as an ABI cargo release filer under the Automated Commercial System at any port within the United States, or “(II) the entry or release is filed at ports prior to the full implementation of the cargo selectivity data system by the Customs Service at such ports.”. (g) Effective Dates.— (1) In general.—The amendments made by subsections (b), (c), and (d) shall take effect on the date of the enactment of the Act providing full-year appropriations for the Customs Service for fiscal year 1992, and shall apply to fiscal years beginning on and after October 1, 1991. (2) Merchandise processing fees for small airports.—The amendments made by subsection (e) shall take effect as if included in section 111 of the Customs and Trade Act of 1990. (3) Manual Entries and Releases.—The amendment made by subsection (f) shall take effect on the date of the enactment of this Act.