Page:United States Statutes at Large Volume 104 Part 1.djvu/672

 104 STAT. 638 PUBLIC LAW 101-382—AUG. 20, 1990 amount paid out of that appropriation for the costs incurred by the Secretary— "(i) in providing— "(I) inspectional overtime services, and "(11) all preclearance services for which the recipients of such services are not required to reimburse the Secretary of the Treasury, and "(ii) to the extent funds remain available to make reimbursements under clause (i), in providing salaries for full-time and part-time inspectional personnel and equipment that enhance customs services for those persons or entities that are required to pay fees under paragraphs (1) through (8) of subsection (a) (distributed on a bsisis proportionate to the fees collected under subsection (a)(1) through (a)(8)). Funds described in clause (ii) shall only be available to reimburse costs in excess of the highest amount appropriated for such costs during the period beginning with fiscal year 1990 and ending with the current fiscal year. "(B) Reimbursement of appropriations under this paragraph— "(i) except for costs described in subparagraph (A)(i)(I) and (II), shall be subject to apportionment or similar administrative practices; "(ii) shall be made at least quarterly; and "(iii) to the extent necessary, may be made on the basis of estimates made by the Secretary of the Treasury 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. "(C)(i) For fiscal year 1991 and subsequent fiscal years, the amount required to fully reimburse inspectional overtime and preclearance costs shall be projected from actual requirements, and only the excess of collections over such projected costs for such fiscal year shall be used as provided in subparagraph (A)(ii). "(ii) The excess of collections over inspectional overtime and preclearance costs (under subparagraph (A)(i)) reimbursed for fiscal years 1989 and 1990 shall be available in fiscal year 1991 and subsequent fiscal years for the purposes described in subparagraph (A)(ii), except that $30,000,000 of such excess shall remain without fiscal year limitation in a contingency fund and, in any fiscal year in which receipts are insufficient to cover the costs described in subparagraph (A)(i) and (ii), shall be used for— "(I) the costs of providing the services described in paragraph (A)(i), and "(II) after the costs described in subclause (I) are paid, the costs of providing the personnel and equipment described in subparagraph (A)(ii) at the preceding fiscal year level. Reports. "(J)) At the close of each fiscal year, the Secretary of the Treasury shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives summarizing the expenditures, on a port-by-port basis, for which reimbursement has been provided under subparagraph (A)(ii).". (d) ENFORCEMENT AUTHORITY. — Subsection (g) of section 13031 of such Act of 1985 (19 U.S.C. 58c(g)) is amended— (1) by amending the heading to read as follows: "REGULATIONS AND ENFORCEMENT.— "; and (2) by adding at the end the following new paragraph:

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