I
106TH CONGRESS
2D SESSION
H. R. 5450
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 HOUSE OF REPRESENTATIVES
OCTOBER 11, 2000
Mr. TANNER introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend section 13031 of the Consolidated Omnibus Budg-
et Reconciliation Act of 1985 to provide for a user fee
to cover the cost of customs inspections at express cou-
rier facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FEES FOR CUSTOMS INSPECTIONS AT EXPRESS
COURIER FACILITIES.
(a) CUSTOMS USER FEES.—Section 13031 of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c) is amended as follows:
(1) Subsection (a) is amended—
(A) 
by 
redesignating 
paragraphs 
(7)
through (10) as paragraphs (8) through (11),
respectively;
(B) by inserting after paragraph (6) the
following new paragraph:
‘‘(7) For the processing of merchandise that is
informally entered or released at a centralized hub
facility or an express consignment carrier facility
(other than shipments valued at $200 or less, which
shall not be subject to any fee under this sub-
section), $5.’’; and
(C) in the last sentence of paragraph (11),
as so redesignated, by striking ‘‘subparagraphs
(A), (B), and (C),’’ and inserting ‘‘subpara-
graphs (A) and (B), see paragraph (7), and at
facilities referred to in subparagraph (C),’’.
(2) Subsection (b) is amended—
(A) in paragraph (5), by striking ‘‘(8)’’
and inserting ‘‘(9)’’;
(B) in paragraph (6)—
(i) by striking ‘‘(a)(8)’’ and inserting
‘‘(a)(9)’’; and
(ii) by striking ‘‘(8)’’ and inserting
‘‘(9)’’;
(C) in paragraph (8)—
(i) in subparagraph (A)(i), by striking
‘‘(a)(9)’’ and inserting ‘‘(a)(10)’’; and
(ii) in subparagraphs (B), (C), (D),
and (E), by striking ‘‘(9) or (10)’’ each
place it appears and inserting ‘‘(10) or
(11)’’; and
(D) in paragraph (9)—
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ‘‘a central-
ized hub facility, an express consignment
carrier facility, or’’;
(ii) by striking clause (ii) of subpara-
graph (A);
(iii) in clause (i) of subparagraph
(A)—
(I) by striking—
‘‘(i) In the case of a small airport or other facil-
ity—’’;
(II) by redesignating subclauses
(I) and (II) as clauses (i) and (ii), re-
spectively, and aligning the text of
those clauses with clauses (i) and (ii)
of paragraph (8)(E); and
(III) in clause (ii), as so redesig-
nated, by striking ‘‘(a)(10) for such
fiscal year, in an amount equal to the
reimbursement under subclause (I)’’
and inserting ‘‘(a)(11) for such fiscal
year, in an amount equal to the reim-
bursement under clause (i)’’; and
(iv) by amending subparagraph (B) to
read as follows:
‘‘(B) For purposes of this paragraph, the term ‘small
airport or other facility’ means any airport or facility to
which section 236 of the Trade and Tariff Act of 1984
applies, if more than 25,000 informal entries were cleared
through such airport or facility during the preceding fiscal
year.’’; and
(C) in paragraphs (10) and (11), by strik-
ing ‘‘(9) or (10)’’ each place it appears and in-
serting ‘‘(10) or (11)’’.
(3) Subsection (c) is amended by adding at the
end the following:
‘‘(6) The terms ‘centralized hub facility’ and ’ex-
press consignment carrier facility’ mean a separate
or shared specialized facility approved by a port di-
rector of the Customs Service for examination and
release of imported merchandise carried by an ex-
press consignment carrier. Entry filing is also per-
mitted at any such facility.’’.
(4) Subsection (d)(4) is amended by striking
‘‘(a)(7)’’ each place it appears and inserting
‘‘(a)(8)’’.
(5) Subsection (e) is amended by adding at the
end the following:
‘‘(7) Notwithstanding section 451 of the Tariff Act
of 1930 or any other provision of law, all services rendered
by the United States Customs Service at a centralized hub
facility or an express consignment carrier facility relating
to the inspection or release of merchandise from such facil-
ity, either inbound or upon arrival from another country
or outbound when departing to another country (includ-
ing, but not limited to, normal and overtime services) shall
be adequately provided when needed, at no cost to such
facility (other than the fees imposed under subsection (a)
of this section).’’.
(6) Subsection (f)(3)(A) is amended—
(A) in the matter preceding clause (i), by
striking ‘‘(9) or (10)’’ and inserting ‘‘(10) or
(11)’’;
(B) in clause (i)—
(i) in subclause (IV), by striking
‘‘and’’ at the end;
(ii) in subclause (V), by adding ‘‘and’’
after ‘‘1993,’’; and
(iii) by inserting after subclause (V)
the following:
‘‘(VI) providing the services described in
subsection (e)(7) at centralized hub facilities
and express consignment carrier facilities,’’; and
(C) in clause (ii), by striking ‘‘(8)’’ each
place it appears and inserting ‘‘(9)’’.
(7) Subsection (f)(6) is amended by striking
‘‘(9) and (10)’’ and inserting ‘‘(10) and (11)’’.
(b) ADDITIONAL CONFORMING AMENDMENT.—Sec-
tion 301(b)(2)(B) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(B)) is
amended by striking ‘‘(9) and (10)’’ and inserting ‘‘(10)
and (11)’’.
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