[Congressional Record Volume 148, Number 150 (Tuesday, November 19, 2002)]
[Senate]
[Page S11556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          USE OF CUSTOMS FEES

  Mr. DORGAN. Mr. President, there is an important provision in the 
Homeland Security Act of 2002 (H.R. 5710), that, if misinterpreted, 
could limit the ability of the U.S. Customs Service to effectively 
protect our borders.
  Section 413 of this bill appropriately seeks to ensure that user fees 
that are currently used exclusively by the Customs Service for the 
purposes set out in 19 U.S.C. 58(c) will continue to be used for that 
sole purpose. These fees are paid by commercial vessels, aircraft, 
railroads and passengers that enter the U.S. This money is used to 
ensure that there will be Customs personnel available to clear these 
arriving goods and passengers efficiently when they arrive.
  I am concerned that the wording of section 413 could be misconstrued 
since it merely states that these fees must be directed to the 
commercial operations of the Customs Service. I want to clarify that 
the intent of this provision is that these fees continue to be used for 
the purposes for which they were originally intended as set out in 19 
U.S.C. 58(c). Additionally, I have consulted with Senator Baucus and 
Senator Lieberman and they both agree with this view.
  The work done by Customs inspectors at our ports of entry is 
critically important to our country's security and economic health. 
More than 1,100 Customs inspector positions, as well as overtime pay 
for Custom's employees, are currently funded out of the fees referred 
to in section 413. It is imperative that these fees continue to be used 
as intended. This statement serves as clarification that this is the 
purpose of section 413 of the Homeland Security bill being considered 
by the Senate.

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