Supporting Law

19USCNCAP-1413.doc

Application to Use Automated Commercial Environment (ACE)

Supporting Law

OMB: 1651-0105

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From the U.S. Code Online via GPO Access

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[Laws in effect as of January 2, 2001]

[Document not affected by Public Laws enacted between

January 2, 2001 and January 28, 2002]

[CITE: 19USC1413]


TITLE 19--CUSTOMS DUTIES

CHAPTER 4--TARIFF ACT OF 1930

SUBTITLE III--ADMINISTRATIVE PROVISIONS

Part I--Definitions and National Customs Automation Program

subpart b--national customs automation program

Sec. 1413. Implementation and evaluation of Program



(a) Overall Program plan


(1) In general


Before the 180th day after December 8, 1993, the Secretary shall develop and transmit to the Committees an overall plan for the

Program. The overall Program plan shall set forth--

(A) a general description of the ultimate configuration of

the Program;

(B) a description of each of the existing components of the

Program listed in section 1411(a)(1) of this title; and

(C) estimates regarding the stages on which planned

components of the Program listed in section 1411(a)(2) of this

title will be brought on-line.


(2) Additional information


In addition to the information required under paragraph (1), the overall Program plan shall include a statement regarding--

(A) the extent to which the existing components of the

Program currently meet, and the planned components will meet,

the Program goals set forth in section 1412 of this title; and

(B) the effects that the existing components are currently

having, and the effects that the planned components will likely

have, on--

(i) importers, brokers, and other users of the Program,

and

(ii) Customs Service occupations, operations, processes, and systems.


(b) Implementation plan, testing, and evaluation


(1) Implementation plan


For each of the planned components of the Program listed in

section 1411(a)(2) of this title, the Secretary shall--

(A) develop an implementation plan;

(B) test the component in order to assess its viability;

(C) evaluate the component in order to assess its

contribution toward achieving the program goals; and

(D) transmit to the Committees the implementation plan, the

testing results, and an evaluation report.


In developing an implementation plan under subparagraph (A) and

evaluating components under subparagraph (C), the Secretary shall

publish a request for comments in the Customs Bulletin and shall

consult with the trade community, including importers, brokers,

shippers, and other affected parties.


(2) Implementation


(A) The Secretary may implement on a permanent basis any Program component referred to in paragraph (1) on or after the date which is 30 days after paragraph (1)(D) is complied with.

(B) For purposes of subparagraph (A), the 30 days shall be

computed by excluding--

(i) the days 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 clause (i), when either House is not in session.


(3) Evaluation and report


The Secretary shall--

(A) develop a user satisfaction survey of parties

participating in the Program;

(B) evaluate the results of the user satisfaction survey on

a biennial basis (fiscal years) and transmit a report to the

Committees on the evaluation by no later than the 90th day after the close of each 2d fiscal year;

(C) with respect to the existing Program component listed in section 1411(a)(1)(G) of this title transmit to the Committees--

(i) a written evaluation of such component before the

180th day after December 8, 1993, and before the

implementation of the planned Program components listed in

section 1411(a)(2)(B) and (C) of this title, and

(ii) a report on such component for each of the 3 full

fiscal years occurring after December 8, 1993, which report

shall be transmitted not later than the 90th day after the

close of each such year; and


(D) not later than the 90th day after the close of fiscal

year 1994, and annually thereafter through fiscal year 2000,

transmit to the Committees a written evaluation with respect to

the implementation and effect on users of each of the planned

Program components listed in section 1411(a)(2) of this title.


In carrying out the provisions of this paragraph, the Secretary

shall publish requests for comments in the Customs Bulletin and

shall consult with the trade community, including importers,

brokers, shippers, and other affected parties.


(c) Committees


For purposes of this section, the term ``Committees'' means the

Committee on Ways and Means of the House of Representatives and the

Committee on Finance of the Senate.


(June 17, 1930, ch. 497, title IV, Sec. 413, as added Pub. L. 103-182,

title VI, Sec. 631(2), Dec. 8, 1993, 107 Stat. 2189; amended Pub. L.

104-295, Sec. 21(e)(15), Oct. 11, 1996, 110 Stat. 3531.)



Amendments


1996--Subsec. (a)(1). Pub. L. 104-295 made technical amendment to

reference in original act which appears in text as reference to December

8, 1993.


Section Referred to in Other Sections


This section is referred to in section 1641 of this title.




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