Congressional Record, Volume 143 Issue 160 (Thursday, November 13, 1997)

[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[House]
[Pages H10889-H10891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

AMENDING CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985
RELATING TO CUSTOMS USER FEES

Mr. SHAW. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3034) to amend section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985, relating to customs user fees, to allow the
use of such fees to provide for customs inspectional personnel in
connection with the arrival of passengers in Florida, and for other
purposes.
The Clerk read as follows:

H.R. 3034

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. FUNDS FOR CUSTOMS INSPECTION PERSONNEL.

(a) Access to Customs User Fee Account.--Section
13031(f)(3)(A) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)(A)), is
amended--
(1) in clause (i)(V), by striking ``and'' at the end;
(2) in clause (ii)--
(A) by striking ``to make reimbursements'' and inserting
``after making reimbursements''; and
(B) by striking the period at the end and inserting ``,
and'', and

[[Page H10890]]

(3) by inserting after clause (ii) the following:
``(iii) to the extent funds remain available after making
reimbursements under clause (ii), in providing salaries for
up to 50 full-time equivalent inspectional positions through
September 30, 1998, that enhance customs services in
connection with the arrival in Florida of passengers aboard
commercial vessels, regardless of whether those passengers
are required to pay fees under paragraphs (1) through (8) of
subsection (a).''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida [Mr. Shaw] and the gentlewoman from Florida [Mrs. Thurman] each
will control 20 minutes.
The Chair recognizes the gentleman from Florida [Mr. Shaw].

General Leave

Mr. SHAW. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H.R. 3034.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume. I
rise today in support of H.R. 3034, a bill to preserve current funding
for Customs inspections positions throughout the State of Florida. I am
pleased that the bipartisan leadership of the Committee on Ways and
Means has agreed to allow this time sensitive bill to come to the floor
under suspension of the rules.
Mr. Speaker, this bill is needed to preserve Customs inspectional
positions in Florida ports due to the fact that Customs' authority to
access the Customs COBRA User Fee Account expired on September 30,
1997. The User Fee Account has a substantial surplus, and my bill would
allow Customs limited access to pay the salary of Customs inspectors
who process cruise-ship passengers returning to Florida from the
Caribbean Basin. My bill will allow Customs more than enough time to
develop a long-term plan to continue processing the current level of
cruise-ship passengers, as well as expected future increases. As a
longtime champion of the Customs Service and their fine work in south
Florida, I am confident of their commitment to provide full service to
the cruise ship industry which is so vital to the economy of my home
State of Florida. Let me acknowledge that the Committee on Ways and
Means will have to consider any extension or expansion of this
temporary provision beyond September 30, 1998.
Mr. Speaker, enactment of the temporary measure in H.R. 3034 will
ensure that the smooth flow of passengers at Florida's ports continue
and that our State's vibrant cruise ship industry will not be damaged
while a long-term solution is found. I urge my colleagues to support
H.R. 3034.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Kentucky [Mr. Rogers].
[Conference Report submitted by Mr. Rogers is in Part I.]
Mrs. THURMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill is going to address a critical situation for
Florida's tourist industry. On September 30, the Customs Service lost
authority to collect fees used to inspect cruise vessels traveling to
the Caribbean island community. Customs has advised cruise ship
companies in Florida that Customs will be unable to provide inspection
service to vessels that will be starting cruises from Florida on or
after December 1, 1997. Customs claims that the expiration of the user
fee authority will require the reduction of inspectional positions in
Florida. This bill prevents the loss of these positions and will ensure
that tourists seeking to enjoy cruises in Florida this winter are not
disappointed. Specifically the bill allows Customs to access the
Customs user fee account to provide for up to 50 full-time inspectors.
The account contains about $120 million, far more than the $1 million
or so needed to maintain these positions.
I understand because of the expiration of the user fee authority,
Customs intends to remove an additional 27 inspectors who provide
similar services for cruise ships arriving at Long Beach, CA, and for
the preclearance of aircraft passengers in Canada. I believe that the
Committee on Ways and Means should work with the Customs Service to
develop a long-term solution that ensures the continuation of
inspection services for air and sea passengers and for all affected
ports of entry.
I will work with the gentleman from Florida [Mr. Shaw] to correct
this situation in 1998, but Congress must approve this legislation
before we adjourn. If we do not, the cruise industry in Florida will be
decimated this winter.
Finally, I want to thank the gentleman from Texas [Mr. Archer], the
chairman of the Committee on Ways and Means; the gentleman from New
York [Mr. Rangel], the ranking member; the gentleman from Illinois [Mr.
Crane] the chairman of the Subcommittee on Trade; and the gentleman
from California [Mr. Matsui] for their assistance, and certainly the
gentleman from Florida [Mr. Shaw] for his advancement of this piece of
legislation.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Florida [Mr. Deutsch] who has many of these ports in his district.
Mr. DEUTSCH. Mr. Speaker, south Florida really is known as the cruise
capital literally of the entire world. Because of the situation that we
are in, unless we pass this legislation at this point in time, several
ships that would be sailing from south Florida, or have plans to be
sailing from south Florida during the winter season when we are in our
break potentially would not be able to sail.

{time} 1600

These are ships, multi-million-dollar ships. Probably more
importantly, these are ships that have already advertised and collected
money from hundreds of people, if not thousands of people, who are
planning their vacations to go on these ships and, in fact, would have
to cancel without this legislation.
It is a fair, appropriate piece of legislation in terms of funds that
we need to use to have several, as was mentioned, a very few, customs
officials because of the way the law is being interpreted. I talked
with the customs commissioner himself about this, and again I want to
thank the staff and the members of the committee for their help in this
matter.
Mrs. THURMAN. Mr. Speaker, I reserve the balance of my time.
Mr. SHAW. Mr. Speaker, I yield such time as he may consume to the
gentleman from New York [Mr. Gilman].
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, I thank the gentleman for yielding this time
to me.
Mr. Speaker, I am pleased to rise in support of H.R. 3034 introduced
by both the gentleman from Florida [Mr. Shaw] and the gentleman from
Illinois [Mr. Crane], a measure that would allow the user fee account
to be used for the Customs Service in the Florida area.
I just visited that region in Miami and was appalled to learn that 50
inspectional positions would help arriving vessels, cruise ships, in
Florida which would inure some $1 million in revenue to the port, and
because there is some shortsightedness here we have a limitation on
customs inspectors, and I would hope that the Congress can join in this
measure that would help alleviate that problem for the Florida ports so
that ships could come in, so that the region could obtain that kind of
revenue at a time when we are trying to enhance the economy throughout
the Nation.
I think that this is an important measure, and I urge my colleagues
to support it.
Mrs. THURMAN. Mr. Speaker, I yield back the balance of my time.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Very briefly, I would like to thank the gentleman from Texas [Mr.
Archer] and the gentleman from Illinois [Mr. Crane] as well as the
ranking Democrat Members, the gentleman from California [Mr. Matsui]
and the gentleman from New York [Mr. Rangel], for allowing this to come
to the floor in this expedited procedure. This is a very important bill
for Florida. I would also like to commend the gentlewoman from Florida
[Mrs. Thurman] and the gentleman from Florida [Mr. Deutsch] for their
involvement in moving this bill along.
Mr. CRANE. Mr. Speaker, yesterday Mr. Shaw introduced H.R. 3034, a
bill to allow the U.S. Customs Service limited and temporary access to
the Customs COBRA User Fee Account to fund, through September 30, 1998,
up to 50 inspectional positions for processing

[[Page H10891]]

passengers arriving on commercial vessels--cruise ships--in Florida. As
of September 30, 1997, Customs no longer collects user fees from
passengers arriving from Canada, Mexico, and the Caribbean. Current law
states that the funds can only be used to enhance inspectional service
at ports if Customs COBRA User fees are collected. Thus, Customs may
not use any money from the Customs COBRA User Fee Account to fund
positions in those ports to enhance the inspection of passengers who
arrive from Canada, Mexico, and the Caribbean.
As of September 30, 1997, fees are no longer collected from cruise
ship passengers arriving in Florida from Caribbean countries.
Therefore, Customs no longer has the authority to access the user fee
account to pay for inspectional positions previously acquired in these
Florida ports. Forty-three of these positions have been added in
Florida ports where user fees had previously been collected from cruise
ship passengers. Mr. Shaw's bill would give Customs limited access to
the user fee account to fund these 43 positions, plus an additional 7
positions to account for any growth in the cruise ship industry in
fiscal year 1998.
The bill has no pay-go impact because revenues to fund these
inspectors would come from the Customs COBRA User Fee Account, under
the current permanent, indefinite appropriation.
Mr. Speaker, I must emphasize three important points with regard to
the decision of the Committee on Ways and Means to allow this bill to
come to the floor under suspension of the rules. First, this is being
done with the understanding that the committee will be treated without
prejudice in the future as to its jurisdictional prerogatives on this
or similar provisions. This bill should not be considered as precedent
for consideration of matters of jurisdictional interest to the
committee in the future. Second, the bill provides limited relief for
the processing of cruise ship passengers in Florida only. The bill sets
no precedent for providing Customs access to the Customs COBRA User Fee
Account to fund inspectional positions for the processing of passengers
arriving on commercial vessels arriving at any port of entry outside of
Florida. Third, the committee's decision to allow the provision to be
considered under suspension of the rules shall set no precedent for
allowing additional access to the user fee account after fiscal year
1998. The Subcommittee on Trade intends to review several issues
involving Customs user fees next year, including H.R. 2262, my bill to
reform the overtime and nighttime pay reform system for Customs
inspectors.
I would finally like to add that the Customs Service could fund these
and other positions through its salaries and expenses account. The bill
will therefore provide Customs additional time to develop a plan by
which current and future cruise ship passengers can be processed as
part of Customs ongoing commitment to process passengers as efficiently
as possible. The bill will provide short-term relief for the cruise
ship industry in Florida, the group most immediately impacted by
Customs' failure to develop such a plan.
Mr. GILMAN. Mr. Speaker, I rise in support of H.R. 3034, a bill to
allow the U.S. Customs Service limited and temporary access to the
Customs COBRA User Fee Account to fund, through September 30, 1998, up
to 50 inspectional positions for processing passengers arriving on
commercial vessels in Florida.
Cutbacks in the U.S. Customs Service have threatened the voyages of
numerous cruise ships in Florida, due to the fact that the Custom
Service no longer has authority to access the user fee account to pay
for inspectional positions.
H.R. 3034 will give Customs limited access to the user fee account to
fund 43 positions, plus an additional 7 positions to account for any
growth in the cruise ship industry in fiscal year 1998.
I applaud my colleague, the distinguished gentleman from Florida, Mr.
Shaw, and commend him for his efforts to ensure the success of the
cruise ship industry.
Mr. SHAW. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida [Mr. Shaw] that the House suspend the rules and
pass the bill, H.R. 3034.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

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