[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1124 Introduced in Senate (IS)]







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.

    Be it enacted by the Senate and House of Representatives 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 
        subsection), $5.50''; and
                    (C) in the last sentence of paragraph (11), as so 
                redesignated, by striking ``subparagraphs (A), (B), and 
                (C),'' and inserting ``subparagraphs (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 
                        centralized hub facility, an express 
                        consignment carrier facility, or'';
                            (ii) by striking clause (ii) of 
                        subparagraph (A);
                            (iii) in clause (i) of subparagraph (A)--
                                    (I) by striking--
            ``(i) In the case of a small airport or other facility--'';
                                    (II) by redesignating subclauses 
                                (I) and (II) as clauses (i) and (ii), 
                                respectively, and aligning the text of 
                                those clauses with clauses (i) and (ii) 
                                of paragraph (8)(E); and
                                    (III) in clause (ii), as so 
                                redesignated, 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 
                                reimbursement 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
                    (E) in paragraphs (10) and (11), by striking ``(9) 
                or (10)'' each place it appears and inserting ``(10) or 
                (11)''.
            (3) Subsection (c) is amended by adding at the end the 
        following:
            ``(6) The terms `centralized hub facility' and 'express 
        consignment carrier facility' mean a separate or shared 
        specialized facility approved by a port director of the Customs 
        Service for examination and release of imported merchandise 
        carried by an express consignment carrier. Entry filing is also 
        permitted 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 facility, either inbound or upon arrival from another country 
or outbound when departing to another country (including, 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.--Section 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)''.
                                 <all>