II

107TH CONGRESS

1ST SESSION S. 1124

To amend section 13031 of the Consolidated Omnibus Budget Reconciliation

Act of 1985 to provide for a user fee to cover the cost of customs

inspections at express courier facilities.

IN THE SENATE OF THE UNITED STATES

JUNE 28, 2001

Mr. THOMPSON introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To amend section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for a user fee

to cover the cost of customs inspections at express courier facilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FEES FOR CUSTOMS INSPECTIONS AT EXPRESS

4 COURIER FACILITIES.

5 (a) CUSTOMS USER FEES.—Section 13031 of the

6 Consolidated Omnibus Budget Reconciliation Act of 1985

7 (19 U.S.C. 58c) is amended as follows:

8 (1) Subsection (a) is amended—
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1 (A) by redesignating paragraphs (7)

2 through (10) as paragraphs (8) through (11),

3 respectively;

4 (B) by inserting after paragraph (6) the

5 following new paragraph:

6 ‘‘(7) For the processing of merchandise that is

7 informally entered or released at a centralized hub

8 facility or an express consignment carrier facility

9 (other than shipments valued at $200 or less, which

10 shall not be subject to any fee under this sub11 section), $5.50’’; and

12 (C) in the last sentence of paragraph (11),

13 as so redesignated, by striking ‘‘subparagraphs

14 (A), (B), and (C),’’ and inserting ‘‘subpara15 graphs (A) and (B), see paragraph (7), and at

16 facilities referred to in subparagraph (C),’’.

17 (2) Subsection (b) is amended—

18 (A) in paragraph (5), by striking ‘‘(8)’’

19 and inserting ‘‘(9)’’;

20 (B) in paragraph (6)—

21 (i) by striking ‘‘(a)(8)’’ and inserting

22 ‘‘(a)(9)’’; and

23 (ii) by striking ‘‘(8)’’ and inserting

24 ‘‘(9)’’;

25 (C) in paragraph (8)—
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1 (i) in subparagraph (A)(i), by striking

2 ‘‘(a)(9)’’ and inserting ‘‘(a)(10)’’; and

3 (ii) in subparagraphs (B), (C), (D),

4 and (E), by striking ‘‘(9) or (10)’’ each

5 place it appears and inserting ‘‘(10) or

6 (11)’’; and

7 (D) in paragraph (9)—

8 (i) in subparagraph (A), in the matter

9 preceding clause (i), by striking ‘‘a central10 ized hub facility, an express consignment

11 carrier facility, or’’;

12 (ii) by striking clause (ii) of subpara13 graph (A);

14 (iii) in clause (i) of subparagraph

15 (A)—

16 (I) by striking—

17 ‘‘(i) In the case of a small airport or other facil18 ity—’’;

19 (II) by redesignating subclauses

20 (I) and (II) as clauses (i) and (ii), re21 spectively, and aligning the text of

22 those clauses with clauses (i) and (ii)

23 of paragraph (8)(E); and

24 (III) in clause (ii), as so redesig25 nated, by striking ‘‘(a)(10) for such
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1 fiscal year, in an amount equal to the

2 reimbursement under subclause (I)’’

3 and inserting ‘‘(a)(11) for such fiscal

4 year, in an amount equal to the reim5 bursement under clause (i)’’; and

6 (iv) by amending subparagraph (B) to

7 read as follows:

8 ‘‘(B) For purposes of this paragraph, the term ‘small

9 airport or other facility’ means any airport or facility to

10 which section 236 of the Trade and Tariff Act of 1984

11 applies, if more than 25,000 informal entries were cleared

12 through such airport or facility during the preceding fiscal

13 year.’’; and

14 (E) in paragraphs (10) and (11), by strik15 ing ‘‘(9) or (10)’’ each place it appears and in16 serting ‘‘(10) or (11)’’.

17 (3) Subsection (c) is amended by adding at the

18 end the following:

19 ‘‘(6) The terms ‘centralized hub facility’ and ’ex20 press consignment carrier facility’ mean a separate

21 or shared specialized facility approved by a port di22 rector of the Customs Service for examination and

23 release of imported merchandise carried by an ex24 press consignment carrier. Entry filing is also per25 mitted at any such facility.’’.
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1 (4) Subsection (d)(4) is amended by striking

2 ‘‘(a)(7)’’ each place it appears and inserting

3 ‘‘(a)(8)’’.

4 (5) Subsection (e) is amended by adding at the

5 end the following:

6 ‘‘(7) Notwithstanding section 451 of the Tariff Act

7 of 1930 or any other provision of law, all services rendered

8 by the United States Customs Service at a centralized hub

9 facility or an express consignment carrier facility relating

10 to the inspection or release of merchandise from such facil11 ity, either inbound or upon arrival from another country

12 or outbound when departing to another country (includ13 ing, but not limited to, normal and overtime services) shall

14 be adequately provided when needed, at no cost to such

15 facility (other than the fees imposed under subsection (a)

16 of this section).’’.

17 (6) Subsection (f)(3)(A) is amended—

18 (A) in the matter preceding clause (i), by

19 striking ‘‘(9) or (10)’’ and inserting ‘‘(10) or

20 (11)’’;

21 (B) in clause (i)—

22 (i) in subclause (IV), by striking

23 ‘‘and’’ at the end;

24 (ii) in subclause (V), by adding ‘‘and’’

25 after ‘‘1993,’’; and
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1 (iii) by inserting after subclause (V)

2 the following:

3 ‘‘(VI) providing the services described in

4 subsection (e)(7) at centralized hub facilities

5 and express consignment carrier facilities,’’; and

6 (C) in clause (ii), by striking ‘‘(8)’’ each

7 place it appears and inserting ‘‘(9)’’.

8 (7) Subsection (f)(6) is amended by striking

9 ‘‘(9) and (10)’’ and inserting ‘‘(10) and (11)’’.

10 (b) ADDITIONAL CONFORMING AMENDMENT.—Sec11 tion 301(b)(2)(B) of the Customs Procedural Reform and

12 Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(B)) is

13 amended by striking ‘‘(9) and (10)’’ and inserting ‘‘(10)

14 and (11)’’.

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