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106th CONGRESS
2d Session
S. 3199
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
October 12 (legislative day, September 22), 2000
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.''; 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
(C) 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)''.
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