TECHNICAL AMENDMENTS CONCERNING THE TRANSMITTAL OF CERTAIN INFORMATION TO THE CUSTOMS SERVICE.

SEC. 108. TECHNICAL AMENDMENTS CONCERNING THE TRANSMITTAL OF CERTAIN INFORMATION TO THE CUSTOMS SERVICE. (a) Tariff Act of 1930.—Section 431A(d) of the Tariff Act of 1930, as added by section 343(b) of the Trade Act of 2002 (Public Law 107-210), is amended to read as follows: “(d) Reporting of Undocumented Cargo.— “(1) In general.—A vessel carrier shall notify the Customs Service of any cargo tendered to such carrier that is not properly documented pursuant to this section and that has remained in the marine terminal for more than 48 hours after being delivered to the marine terminal, and the location of the cargo in the marine terminal. “(2) Sharing arrangements.—For vessel carriers that are members of vessel sharing agreements (or any other arrangement whereby a carrier moves cargo on another carrier’s vessel), the vessel carrier accepting the booking shall be responsible for reporting undocumented cargo, without regard to whether it operates the vessel on which the transportation is to be made. 116 STAT. 2089 “(3) Reassignment to another vessel.—For purposes of this subsection and subsection (f), if merchandise has been tendered to a marine terminal operator and subsequently reassigned for carriage on another vessel, the merchandise shall be considered properly documented if the information provided reflects carriage on the previously assigned vessel and otherwise meets the requirements of subsection (b). Notwithstanding the preceding sentence, it shall be the responsibility of the vessel carrier to notify the Customs Service promptly of any reassignment of merchandise for carriage on a vessel other than the vessel on which the merchandise was originally assigned. “(4) Multiple containers.—If a single shipment is comprised of multiple containers, the 48-hour period described in paragraph (1) snail begin to run from the time the last container of the shipment is delivered to the marine terminal operator. It shall be the responsibility of the person tendering the cargo to inform the carrier that the shipment consists of multiple containers that will be delivered to the marine terminal operator at different times as part of a single shipment.”. (b) Mandatory Advanced Electronic Information.—Section 343(a) of the Trade Act of 2002 (Public Law 107-210) is amended— (1) by striking paragraph (1) and inserting the following: “(1) In general.—(A) Subject to paragraphs (2) and (3), the Secretary is authorized to promulgate regulations providing for the transmission to the Customs Service, through an electronic data interchange system, of information pertaining to cargo to be brought into the United States or to be sent from the United States, prior to the arrival or departure of the cargo. “(B) The Secretary shall endeavor to promulgate an initial set of regulations under subparagraph (A) not later than October 1, 2003.”. (2) by striking paragraph (2) and inserting the following: “(2) Information required.—The cargo information required by the regulations promulgated pursuant to paragraph (1) under the parameters set forth in paragraph (3) shall be such information on cargo as the Secretary determines to be reasonably necessary to ensure cargo safety and security pursuant to those laws enforced and administered by the Customs Service. The Secretary shall provide to appropriate Federal departments and agencies cargo information obtained pursuant to paragraph (1).”; and (3) in paragraph (3)— (A) by striking “aviation, maritime, and surface transportation safety and security” in subparagraphs (F), (H), and (L)(ii) and inserting “cargo safety and security”; (B) in subparagraph (F)— (i) by inserting “merchandise” after “determining”; (ii) by inserting “and preventing smuggling” after “security”; and (iii) by adding at the end the following: “Notwithstanding the preceding sentence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 or regulations promulgated thereunder.”; (C) in subparagraph (G)— 116 STAT. 2090 (i) in the first sentence— (I) by inserting “cargo” after “confidential”; and (II) by inserting after “Customs Service” the following: “pursuant to such regulations, except for the manifest information collected pursuant to section 431 of the Tariff Act of 1930 and required to be available for public disclosure pursuant to section 431(c) of such Act.”; and (ii) by striking the second sentence; and (D) in subparagraph (L)— (i) in the matter preceding clause (i)— (I) by striking “60” and inserting “15”; and (II) by striking “promulgation of regulations” and inserting “publication of a final rule pursuant to this section”; (ii) by striking “and” at the end of clause (iii); (iii) by striking the period and inserting “; and” at the end of clause (iv); and (iv) by inserting at the end the following: “(v) if the Secretary determines to amend the proposed regulations after they have been transmitted to the Committees pursuant to this subparagraph, the Secretary shall transmit the amended regulations to such Committees no later than 5 days prior to the publication of the final rule.”. (c) Repeal.—Section 343A of the Trade Act of 2002 (116 Stat. 985) is repealed.