108TH CONGRESS

2D SESSION H. R. 4418

AN ACT

To authorize appropriations for fiscal years 2005

other purposes.States International Trade Commission, and forStates Trade Representative, for the UnitedHomeland Security, for the Office of the UnitedCustoms Enforcement of the Department ofProtection and the Bureau of Immigration andand 2006 for the Bureau of Customs and Border

108TH CONGRESS

2D SESSION H. R. 4418

AN ACT

To authorize appropriations for fiscal years 2005 and 2006

for the Bureau of Customs and Border Protection and

the Bureau of Immigration and Customs Enforcement

of the Department of Homeland Security, for the Office

of the United States Trade Representative, for the

United States International Trade Commission, and for

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Customs Border Security and Trade Agencies Authoriza6 tion Act of 2004’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—BUREAU OF CUSTOMS AND BORDER PROTECTION AND

BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT

Subtitle A—Authorization of appropriations; related provisions

Sec. 101. Authorization of appropriations.

Sec. 102. Establishment and implementation of cost accounting system; reports.

Sec. 103. Study and report relating to customs user fees.

Sec. 104. Report relating to One Face at the Border Initiative.

Subtitle B—Technical amendments relating to entry and protest

Sec. 111. Entry of merchandise.

Sec. 112. Limitation on liquidations.

Sec. 113. Protests.

Sec. 114. Review of protests.

Sec. 115. Refunds and errors.

Sec. 116. Definitions and miscellaneous provisions.

Sec. 117. Voluntary reliquidations.

Sec. 118. Effective date.

Subtitle C—Miscellaneous provisions

Sec. 121. Designation of San Antonio International Airport for Customs processing of certain private aircraft arriving in the United States.

Sec. 122. Authority for the establishment of Integrated Border Inspection

Areas at the United States-Canada border.

Sec. 123. Designation of foreign law enforcement officers.

Sec. 124. Customs services.

Sec. 125. Sense of Congress on interpretation of textile and apparel provisions.

Sec. 126. Technical amendments.

TITLE II—OFFICE OF THE UNITED STATES TRADE

REPRESENTATIVE

Sec. 201. Authorization of appropriations.
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TITLE III—UNITED STATES INTERNATIONAL TRADE COMMISSION

Sec. 301. Authorization of appropriations.

1 TITLE I—BUREAU OF CUSTOMS

2 AND BORDER PROTECTION

3 AND BUREAU OF IMMIGRA4 TION AND CUSTOMS EN5 FORCEMENT

6 Subtitle A—Authorization of

7 Appropriations; Related Provisions

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 (a) IN GENERAL.—Subsection (a) of section 301 of

10 the Customs Procedural Reform and Simplification Act of

11 1978 (19 U.S.C. 2075) is amended—

12 (1) in paragraph (1), to read as follows:

13 ‘‘(1) For the fiscal year beginning October 1, 2004, and

14 each fiscal year thereafter, there are authorized to be ap15 propriated to the Department of Homeland Security for

16 the Bureau of Customs and Border Protection and the

17 Bureau of Immigration and Customs Enforcement only

18 such sums as may hereafter be authorized by law.’’;

19 (2) by striking paragraph (2);

20 (3) by redesignating paragraph (3) as para21 graph (2); and

22 (4) in paragraph (2) (as redesignated)—
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1 (A) by inserting ‘‘and the Assistant Sec2 retary for United States Immigration and Cus3 toms Enforcement, respectively,’’ after ‘‘Com4 missioner of Customs’’; and

5 (B) by striking ‘‘Customs Service’’ and in6 serting ‘‘Bureau of Customs and Border Pro7 tection and the Bureau of Immigration and

8 Customs Enforcement’’.

9 (b) SALARIES AND EXPENSES.—Subsection (b) of

10 such section is amended to read as follows:

11 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) BUREAU OF CUSTOMS AND BORDER PRO13 TECTION.—

14 ‘‘(A) There are authorized to be appro15 priated for the salaries and expenses of the Bu16 reau of Customs and Border Protection not to

17 exceed the following:

18 ‘‘(i) $6,203,000,000 for fiscal year

19 2005.

20 ‘‘(ii) $6,469,729,000 for fiscal year

21 2006.

22 ‘‘(B)(i) The monies authorized to be ap23 propriated under subparagraph (A) with respect

24 to customs revenue functions for any fiscal

25 year, except for such sums as may be necessary
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1 for the salaries and expenses of the Bureau of

2 Customs and Border Protection that are in3 curred in connection with the processing of

4 merchandise that is exempt from the fees im5 posed under paragraphs (9) and (10) of section

6 13031(a) of the Consolidated Omnibus Budget

7 Reconciliation Act of 1985 (19 U.S.C. 58c(a)),

8 shall be appropriated from the Customs User

9 Fee Account.

10 ‘‘(ii) In clause (i), the term ‘customs rev11 enue function’ means the following:

12 ‘‘(I) Assessing and collecting customs

13 duties (including antidumping and counter14 vailing duties and duties imposed under

15 safeguard provisions), excise taxes, fees,

16 and penalties due on imported merchan17 dise, including classifying and valuing mer18 chandise for the purposes of such assess19 ment.

20 ‘‘(II) Processing and denial of entry

21 of persons, baggage, cargo, and mail, with

22 respect to the assessment and collection of

23 import duties.

24 ‘‘(III) Detecting and apprehending

25 persons engaged in fraudulent practices
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1 designed to circumvent the customs laws of

2 the United States.

3 ‘‘(IV) Enforcing section 337 of the

4 Tariff Act of 1930 and provisions relating

5 to import quotas and the marking of im6 ported merchandise, and providing Cus7 toms Recordations for copyrights, patents,

8 and trademarks.

9 ‘‘(V) Collecting accurate import data

10 for compilation of international trade sta11 tistics.

12 ‘‘(VI) Enforcing reciprocal trade

13 agreements.

14 ‘‘(VII) Functions performed by the

15 following personnel, and associated support

16 staff, of the United States Customs Service

17 prior to the establishment of the Bureau of

18 Customs and Border Protection: Import

19 Specialists, Entry Specialists, Drawback

20 Specialists, National Import Specialists,

21 Fines and Penalties Specialists, attorneys

22 of the Office of Regulations and Rulings,

23 Customs Auditors, International Trade

24 Specialists, and Financial System Special25 ists.
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1 ‘‘(VIII) Functions performed by the

2 following offices, with respect to any func3 tion described in any of subclauses (I)

4 through (VII), and associated support

5 staff, of the United States Customs Service

6 prior to the establishment of the Bureau of

7 Customs and Border Protection: the Office

8 of Information and Technology, the Office

9 of Laboratory Services, the Office of the

10 Chief Counsel, the Office of Congressional

11 Affairs, the Office of International Affairs,

12 and the Office of Training and Develop13 ment.

14 ‘‘(2) BUREAU OF IMMIGRATION AND CUSTOMS

15 ENFORCEMENT.—There are authorized to be appro16 priated for the salaries and expenses of the Bureau

17 of Immigration and Customs Enforcement not to ex18 ceed the following:

19 ‘‘(A) $4,011,000,000 for fiscal year 2005.

20 ‘‘(B) $4,335,891,000 for fiscal year

21 2006.’’.
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1 SEC. 102. ESTABLISHMENT AND IMPLEMENTATION OF

2 COST ACCOUNTING SYSTEM; REPORTS.

3 Section 334 of the Customs and Border Security Act

4 of 2002 (19 U.S.C. 2082 note) is amended to read as fol5 lows:

6 ‘‘SEC. 334. ESTABLISHMENT AND IMPLEMENTATION OF

7 COST ACCOUNTING SYSTEM; REPORTS.

8 ‘‘(a) ESTABLISHMENT AND IMPLEMENTATION; CUS9 TOMS AND BORDER PROTECTION.—

10 ‘‘(1) IN GENERAL.—Not later than September

11 30, 2005, the Commissioner of Customs shall, in ac12 cordance with the audit of the Customs Service’s fis13 cal years 2000 and 1999 financial statements (as

14 contained in the report of the Office of Inspector

15 General of the Department of the Treasury issued

16 on February 23, 2001), establish and implement a

17 cost accounting system—

18 ‘‘(A) for expenses incurred in both com19 mercial and noncommercial operations of the

20 Bureau of Customs and Border Protection of

21 the Department of Homeland Security, which

22 system should specifically identify and distin23 guish expenses incurred in commercial oper24 ations and expenses incurred in noncommercial

25 operations; and
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1 ‘‘(B) for expenses incurred both in admin2 istering and enforcing the customs laws of the

3 United States and the Federal immigration

4 laws, which system should specifically identify

5 and distinguish expenses incurred in admin6 istering and enforcing the customs laws of the

7 United States and the expenses incurred in ad8 ministering and enforcing the Federal immigra9 tion laws.

10 ‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac11 counting system described in paragraph (1) shall

12 provide for an identification of expenses based on

13 the type of operation, the port at which the oper14 ation took place, the amount of time spent on the

15 operation by personnel of the Bureau of Customs

16 and Border Protection, and an identification of ex17 penses based on any other appropriate classification

18 necessary to provide for an accurate and complete

19 accounting of expenses.

20 ‘‘(b) ESTABLISHMENT AND IMPLEMENTATION; IMMI21 GRATION AND CUSTOMS ENFORCEMENT.—

22 ‘‘(1) IN GENERAL.—Not later than September

23 30, 2005, the Assistant Secretary for United States

24 Immigration and Customs Enforcement shall, in ac25 cordance with the audit of the Customs Service’s fis-
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1 cal years 2000 and 1999 financial statements (as

2 contained in the report of the Office of Inspector

3 General of the Department of the Treasury issued

4 on February 23, 2001), establish and implement a

5 cost accounting system—

6 ‘‘(A) for expenses incurred in both com7 mercial and noncommercial operations of the

8 Bureau of Immigration and Customs Enforce9 ment of the Department of Homeland Security,

10 which system should specifically identify and

11 distinguish expenses incurred in commercial op12 erations and expenses incurred in noncommer13 cial operations;

14 ‘‘(B) for expenses incurred both in admin15 istering and enforcing the customs laws of the

16 United States and the Federal immigration

17 laws, which system should specifically identify

18 and distinguish expenses incurred in admin19 istering and enforcing the customs laws of the

20 United States and the expenses incurred in ad21 ministering and enforcing the Federal immigra22 tion laws.

23 ‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac24 counting system described in paragraph (1) shall

25 provide for an identification of expenses based on
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1 the type of operation, the amount of time spent on

2 the operation by personnel of the Bureau of Immi3 gration and Customs Enforcement, and an identi4 fication of expenses based on any other appropriate

5 classification necessary to provide for an accurate

6 and complete accounting of expenses.

7 ‘‘(c) REPORTS.—

8 ‘‘(1) DEVELOPMENT OF THE COST ACCOUNTING

9 SYSTEMS.—Beginning on the date of the enactment

10 of the Customs Border Security and Trade Agencies

11 Authorization Act of 2004 and ending on the date

12 on which the cost accounting systems described in

13 subsections (a) and (b) are fully implemented, the

14 Commissioner of Customs and the Assistant Sec15 retary for United States Immigration and Customs

16 Enforcement, respectively, shall prepare and submit

17 to Congress on a quarterly basis a report on the

18 progress of implementing the cost accounting sys19 tems pursuant to subsections (a) and (b).

20 ‘‘(2) ANNUAL REPORTS.—Beginning one year

21 after the date on which the cost accounting systems

22 described in subsections (a) and (b) are fully imple23 mented, the Commissioner of Customs and the As24 sistant Secretary for United States Immigration and

25 Customs Enforcement, respectively, shall prepare
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1 and submit to Congress on an annual basis a report

2 itemizing the expenses identified in subsections (a)

3 and (b).

4 ‘‘(3) OFFICE OF THE INSPECTOR GENERAL.—

5 Not later than March 31, 2006, the Inspector Gen6 eral of the Department of Homeland Security shall

7 prepare and submit to Congress a report analyzing

8 the level of compliance with this section and detail9 ing any additional steps that should be taken to im10 prove compliance with this section.’’.

11 SEC. 103. STUDY AND REPORT RELATING TO CUSTOMS

12 USER FEES.

13 (a) STUDY.—Beginning 180 days after the date on

14 which the cost accounting systems described in section

15 334 of the Customs and Border Security Act of 2002 (as

16 amended by section 102 of this Act) are fully imple17 mented, the Comptroller General shall conduct a study on

18 the extent to which the amount of each customs user fee

19 imposed under section 13031(a) of the Consolidated Om20 nibus Budget Reconciliation Act of 1985 (19 U.S.C.

21 58c(a)) approximates the cost of services provided by the

22 Bureau of Customs and Border Protection of the Depart23 ment of Homeland Security relating to the fee so imposed.

24 The study shall include an analysis of the use of each such
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1 customs user fee by the Bureau of Customs and Border

2 Protection.

3 (b) REPORT.—Not later than one year after the date

4 on which the cost accounting systems described in section

5 334 of the Customs and Border Security Act of 2002 are

6 fully implemented, the Comptroller General shall submit

7 to the Committee on Ways and Means of the House of

8 Representatives and the Committee on Finance of the

9 Senate a report in classified form containing—

10 (1) the results of the study conducted under

11 subsection (a); and

12 (2) recommendations for the appropriate

13 amount of the customs user fees if such results indi14 cate that the fees are not commensurate with the

15 level of services provided by the Bureau of Customs

16 and Border Protection.

17 SEC. 104. REPORT RELATING TO ONE FACE AT THE BOR18 DER INITIATIVE.

19 Not later than September 30 of each of the calendar

20 years 2005 and 2006, the Commissioner of Customs shall

21 prepare and submit to Congress a report—

22 (1) analyzing the effectiveness of the One Face

23 at the Border Initiative at enhancing security and

24 facilitating trade;
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1 (2) providing a breakdown of the number of

2 personnel of the Bureau of Customs and Border

3 Protection that were personnel of the United States

4 Customs Service prior to the establishment of the

5 Department of Homeland Security, that were per6 sonnel of the Immigration and Naturalization Serv7 ice prior to the establishment of the Department of

8 Homeland Security, and that were hired after the

9 establishment of the Department of Homeland Secu10 rity;

11 (3) describing the training time provided to

12 each employee on an annual basis for the various

13 training components of the One Face at the Border

14 Initiative; and

15 (4) outlining the steps taken by the Bureau of

16 Customs and Border Protection to ensure that ex17 pertise is retained with respect to customs, immigra18 tion, and agriculture inspection functions under the

19 One Face at the Border Initiative.

20 Subtitle B—Technical Amendments

21 Relating to Entry and Protest

22 SEC. 111. ENTRY OF MERCHANDISE.

23 (a) IN GENERAL.—Subsection (a) of section 484 of

24 the Tariff Act of 1930 (19 U.S.C. 1484) is amended—
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1 (1) in paragraph (1)(B), by inserting after

2 ‘‘entry’’ the following: ‘‘, or substitute 1 or more

3 reconfigured entries on an import activity summary

4 statement,’’; and

5 (2) in paragraph (2)(A)—

6 (A) in the second sentence, by inserting

7 after ‘‘statements,’’ the following: ‘‘and permit

8 the filing of reconfigured entries,’’; and

9 (B) by adding at the end the following:

10 ‘‘Entries filed under paragraph (1)(A) shall not

11 be liquidated if covered by an import activity

12 summary statement, but instead each reconfig13 ured entry in the import activity summary

14 statement shall be subject to liquidation or re15 liquidation pursuant to section 500, 501, or

16 504.’’.

17 (b) RECONCILIATION.—Subsection (b)(1) of such sec18 tion is amended in the fourth sentence by striking ‘‘15

19 months’’ and inserting ‘‘21 months’’.

20 SEC. 112. LIMITATION ON LIQUIDATIONS.

21 Section 504 of the Tariff Act of 1930 (19 U.S.C.

22 1504) is amended—

23 (1) in subsection (a)—

24 (A) by striking ‘‘or’’ at the end of para25 graph (3);
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1 (B) in paragraph (4), by striking ‘‘filed;’’

2 and inserting ‘‘filed, whichever is earlier; or’’;

3 and

4 (C) by inserting after paragraph (4) the

5 following:

6 ‘‘(5) if a reconfigured entry is filed under an

7 import activity summary statement, the date the im8 port activity summary statement is filed or should

9 have been filed, whichever is earlier;’’; and

10 (2) by striking ‘‘at the time of entry’’ each

11 place it appears.

12 SEC. 113. PROTESTS.

13 Section 514 of the Tariff Act of 1930 (19 U.S.C.

14 1514) is amended—

15 (1) in subsection (a)—

16 (A) in the matter preceding paragraph (1),

17 by striking ‘‘(relating to refunds and errors) of

18 this Act’’ and inserting ‘‘(relating to refunds),

19 any clerical error, mistake of fact, or other in20 advertence, whether or not resulting from or

21 contained in an electronic transmission, adverse

22 to the importer, in any entry, liquidation, or re23 liquidation, and’’;

24 (B) in paragraph (5), by inserting ‘‘, in25 cluding the liquidation of an entry, pursuant to
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1 either section 500 or section 504’’ after ‘‘there2 of’’; and

3 (C) in paragraph (7), by striking ‘‘(c) or’’;

4 and

5 (2) in subsection (c)—

6 (A) in paragraph (1), in the sixth sentence,

7 by striking ‘‘A protest may be amended,’’ and

8 inserting ‘‘Unless a request for accelerated dis9 position is filed under section 515(b), a protest

10 may be amended,’’; and

11 (B) in paragraph (3)—

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘ninety days’’ and

14 inserting ‘‘180 days’’;

15 (ii) in subparagraph (A), by striking

16 ‘‘notice of’’ and inserting ‘‘date of’’; and

17 (iii) in the second sentence, by strik18 ing ‘‘90 days’’ and inserting ‘‘180 days’’.

19 SEC. 114. REVIEW OF PROTESTS.

20 Section 515(b) of the Tariff Act of 1930 (19 U.S.C.

21 1515(b)) is amended in the first sentence by striking

22 ‘‘after ninety days’’ and inserting ‘‘concurrent with or’’.

23 SEC. 115. REFUNDS AND ERRORS.

24 Section 520(c) of the Tariff Act of 1930 (19 U.S.C.

25 1520(c)) is repealed.
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1 SEC. 116. DEFINITIONS AND MISCELLANEOUS PROVISIONS.

2 Section 401 of the Tariff Act of 1930 (19 U.S.C.

3 1401) is amended by adding at the end the following:

4 ‘‘(t) RECONFIGURED ENTRY.—The term ‘reconfig5 ured entry’ means an entry filed on an import activity

6 summary statement which substitutes for all or part of

7 1 or more entries filed under section 484(a)(1)(A) or filed

8 on a reconciliation entry that aggregates the entry ele9 ments to be reconciled under section 484(b) for purposes

10 of liquidation, reliquidation, or protest.’’.

11 SEC. 117. VOLUNTARY RELIQUIDATIONS.

12 Section 501 of the Tariff Act of 1930 (19 U.S.C.

13 1501) is amended in the first sentence by inserting ‘‘or

14 504’’ after ‘‘section 500’’.

15 SEC. 118. EFFECTIVE DATE.

16 The amendments made by this subtitle shall apply to

17 merchandise entered, or withdrawn from warehouse for

18 consumption, on or after the 15th day after the date of

19 the enactment of this Act.
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1 Subtitle C—Miscellaneous

2 Provisions

3 SEC. 121. DESIGNATION OF SAN ANTONIO INTERNATIONAL

4 AIRPORT FOR CUSTOMS PROCESSING OF

5 CERTAIN PRIVATE AIRCRAFT ARRIVING IN

6 THE UNITED STATES.

7 (a) IN GENERAL.—Section 1453(a) of the Tariff Sus8 pension and Trade Act of 2000 is amended by striking

9 ‘‘2-year period’’ and inserting ‘‘6-year period’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall be effective as of November 9, 2002.

12 SEC. 122. AUTHORITY FOR THE ESTABLISHMENT OF INTE13 GRATED BORDER INSPECTION AREAS AT THE

14 UNITED STATES-CANADA BORDER.

15 (a) FINDINGS.—Congress makes the following find16 ings:

17 (1) The increased security and safety concerns

18 that developed in the aftermath of the terrorist at19 tacks in the United States on September 11, 2001,

20 need to be addressed.

21 (2) One concern that has come to light is the

22 vulnerability of the international bridges and tunnels

23 along the United States borders.

24 (3) It is necessary to ensure that potentially

25 dangerous vehicles are inspected prior to crossing
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1 these bridges and tunnels; however, currently these

2 vehicles are not inspected until after they have

3 crossed into the United States.

4 (4) Establishing Integrated Border Inspection

5 Areas (IBIAs) would address these concerns by in6 specting vehicles before they gained access to the in7 frastructure of international bridges and tunnels

8 joining the United States and Canada.

9 (b) CREATION OF INTEGRATED BORDER INSPECTION

10 AREAS.—

11 (1) IN GENERAL.—The Commissioner of the

12 Customs Service, in consultation with the Canadian

13 Customs and Revenue Agency (CCRA), shall seek to

14 establish Integrated Border Inspection Areas

15 (IBIAs), such as areas on either side of the United

16 States-Canada border, in which United States Cus17 toms officers can inspect vehicles entering the

18 United States from Canada before they enter the

19 United States, or Canadian Customs officers can in20 spect vehicles entering Canada from the United

21 States before they enter Canada. Such inspections

22 may include, where appropriate, employment of re23 verse inspection techniques.

24 (2) ADDITIONAL REQUIREMENT.—The Commis25 sioner of Customs, in consultation with the Adminis-
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1 trator of the General Services Administration when

2 appropriate, shall seek to carry out paragraph (1) in

3 a manner that minimizes adverse impacts on the

4 surrounding community.

5 (3) ELEMENTS OF THE PROGRAM.—Using the

6 authority granted by this section and under section

7 629 of the Tariff Act of 1930, the Commissioner of

8 Customs, in consultation with the Canadian Customs

9 and Revenue Agency, shall seek to—

10 (A) locate Integrated Border Inspection

11 Areas in areas with bridges or tunnels with

12 high traffic volume, significant commercial ac13 tivity, and that have experienced backups and

14 delays since September 11, 2001;

15 (B) ensure that United States Customs of16 ficers stationed in any such IBIA on the Cana17 dian side of the border are vested with the max18 imum authority to carry out their duties and

19 enforce United States law;

20 (C) ensure that United States Customs of21 ficers stationed in any such IBIA on the Cana22 dian side of the border shall possess the same

23 immunity that they would possess if they were

24 stationed in the United States; and
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1 (D) encourage appropriate officials of the

2 United States to enter into an agreement with

3 Canada permitting Canadian Customs officers

4 stationed in any such IBIA on the United

5 States side of the border to enjoy such immuni6 ties as permitted in Canada.

7 SEC. 123. DESIGNATION OF FOREIGN LAW ENFORCEMENT

8 OFFICERS.

9 (a) MISCELLANEOUS PROVISIONS.—Section 401(i) of

10 the Tariff Act of 1930 (19 U.S.C. 1401(i)) is amended

11 by inserting ‘‘, including foreign law enforcement offi12 cers,’’ after ‘‘or other person’’.

13 (b) INSPECTIONS AND PRECLEARANCE IN FOREIGN

14 COUNTRIES.—Section 629 of the Tariff Act of 1930 (19

15 U.S.C. 1629) is amended—

16 (1) in subsection (a), by inserting ‘‘, or subse17 quent to their exit from,’’ after ‘‘prior to their ar18 rival in’’;

19 (2) in subsection (c)—

20 (A) by inserting ‘‘or exportation’’ after

21 ‘‘relating to the importation’’; and

22 (B) by inserting ‘‘or exit’’ after ‘‘port of

23 entry’’;

24 (3) by amending subsection (e) to read as fol25 lows:
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1 ‘‘(e) STATIONING OF FOREIGN CUSTOMS AND AGRI2 CULTURE INSPECTION OFFICERS IN THE UNITED

3 STATES.—The Secretary of State, in coordination with the

4 Secretary and the Secretary of Agriculture, may enter into

5 agreements with any foreign country authorizing the sta6 tioning in the United States of customs and agriculture

7 inspection officials of that country (if similar privileges are

8 extended by that country to United States officials) for

9 the purpose of insuring that persons and merchandise

10 going directly to that country from the United States, or

11 that have gone directly from that country to the United

12 States, comply with the customs and other laws of that

13 country governing the importation or exportation of mer14 chandise. Any foreign customs or agriculture inspection

15 official stationed in the United States under this sub16 section may exercise such functions, perform such duties,

17 and enjoy such privileges and immunities as United States

18 officials may be authorized to perform or are afforded in

19 that foreign country by treaty, agreement, or law.’’; and

20 (4) by adding at the end the following:

21 ‘‘(g) PRIVILEGES AND IMMUNITIES.—Any person

22 designated to perform the duties of an officer of the Cus23 toms Service pursuant to section 401(i) of this Act shall

24 be entitled to the same privileges and immunities as an

25 officer of the Customs Service with respect to any actions
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1 taken by the designated person in the performance of such

2 duties.’’.

3 (c) CONFORMING AMENDMENT.—Section 127 of the

4 Treasury Department Appropriations Act, 2003, is hereby

5 repealed.

6 (d) EFFECTIVE DATE.—This section, and the amend7 ments made by this section, take effect on the date of the

8 enactment of this Act.

9 SEC. 124. CUSTOMS SERVICES.

10 Section 13031(e)(1) of the Consolidated Omnibus

11 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1))

12 is amended—

13 (1) by striking ‘‘(1) Notwithstanding section

14 451 of the Tariff Act of 1930 (19 U.S.C. 1451) or

15 any other provision of law (other than paragraph

16 (2)),’’ and inserting:

17 ‘‘(1) IN GENERAL.—

18 ‘‘(A) SCHEDULED FLIGHTS.—Notwith19 standing section 451 of the Tariff Act of 1930

20 (19 U.S.C. 1451) or any other provision of law

21 (other than subparagraph (B) and paragraph

22 (2)),’’; and

23 (2) by adding at the end the following:

24 ‘‘(B) CHARTER FLIGHTS.—If a charter air

25 carrier (as defined in section 40102(13) of title
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1 49, United States Code) specifically requests

2 that customs border patrol services for pas3 sengers and their baggage be provided for a

4 charter flight arriving after normal operating

5 hours at a customs border patrol serviced air6 port and overtime funds for those services are

7 not available, the appropriate customs border

8 patrol officer may assign sufficient customs em9 ployees (if available) to perform any such serv10 ices, which could lawfully be performed during

11 regular hours of operation, and any overtime

12 fees incurred in connection with such service

13 shall be paid by the charter air carrier.’’.

14 SEC. 125. SENSE OF CONGRESS ON INTERPRETATION OF

15 TEXTILE AND APPAREL PROVISIONS.

16 It is the sense of Congress that the Bureau of Cus17 toms and Border Protection of the Department of Home18 land Security should interpret, implement, and enforce the

19 provisions of section 112 of the African Growth and Op20 portunity Act (19 U.S.C. 3721), section 204 of the Ande21 an Trade Preference Act (19 U.S.C. 3203), and section

22 213 of the Caribbean Basin Economic Recovery Act (19

23 U.S.C. 2703), relating to preferential treatment of textile

24 and apparel articles, broadly in order to expand trade by
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1 maximizing opportunities for imports of such articles from

2 eligible beneficiary countries.

3 SEC. 126. TECHNICAL AMENDMENTS.

4 (a) TARIFF ACT OF 1930.—Section 505(a) of the

5 Tariff Act of 1930 is amended—

6 (1) in the first sentence—

7 (A) by inserting ‘‘referred to in this sub8 section’’ after ‘‘periodic payment’’; and

9 (B) by striking ‘‘10 working days’’ and in10 serting ‘‘12 working days’’; and

11 (2) in the second sentence, by striking ‘‘a par12 ticipating’’ and all that follows through the end of

13 the sentence and inserting the following: ‘‘the Sec14 retary shall promulgate regulations, after testing the

15 module, permitting a participating importer of

16 record to deposit estimated duties and fees for en17 tries of merchandise, other than merchandise en18 tered for warehouse, transportation, or under bond,

19 no later than the 15 working days following the

20 month in which the merchandise is entered or re21 leased, whichever comes first.’’.

22 (b) CUSTOMS USER FEES.—(1) Section

23 13031(b)(9)(A) of the Consolidated Omnibus Budget Rec24 onciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is
27

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1 amended by striking ‘‘less than $2,000’’ and inserting

2 ‘‘$2,000 or less’’.

3 (2) Section 13031(b)(9)(A)(ii) of the Consolidated

4 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

5 58c(b)(9)(A)(ii)) is amended to read as follows:

6 ‘‘(ii) Notwithstanding subsection (e)(6) and

7 subject to the provisions of subparagraph (B), in the

8 case of an express consignment carrier facility or

9 centralized hub facility—

10 ‘‘(I) $.66 per individual airway bill or bill

11 of lading; and

12 ‘‘(II) if the merchandise is formally en13 tered, the fee provided for in subsection (a)(9),

14 if applicable.’’.

15 (3) Section 13031(b)(9)(B) of the Consolidated Om16 nibus Budget Reconciliation Act of 1985 (19 U.S.C.

17 58c(b)(9)(B)) is amended—

18 (A) by moving the margins for subparagraph

19 (B) 4 ems to the left; and

20 (B) in clause (ii), by striking ‘‘subparagraph

21 (A)(ii)’’ and inserting ‘‘subparagraph (A)(ii) (I) or

22 (II)’’.

23 (4) Section 13031(f)(1)(B) of the Consolidated Om24 nibus Budget Reconciliation Act of 1985 (19 U.S.C.
28

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1 58c(f)(1)(B)) is amended by moving the subparagraph 2

2 ems to the left.

3 TITLE II—OFFICE OF THE

4 UNITED STATES TRADE REP5 RESENTATIVE

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 (a) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) IN GENERAL.—Section 141(g)(1)(A) of the

9 Trade Act of 1974 (19 U.S.C. 2171(g)(1)(A)) is

10 amended by striking clauses (i) and (ii) and insert11 ing the following:

12 ‘‘(i) $39,552,000 for fiscal year 2005.

13 ‘‘(ii) $39,552,000 for fiscal year 2006.’’.

14 (2) RULE OF CONSTRUCTION.—The amendment

15 made by paragraph (1) shall not be construed to af16 fect the availability of funds appropriated pursuant

17 to section 141(g)(1)(A) of the Trade Act of 1974 be18 fore the date of the enactment of this Act.

19 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

20 OFFICE OF THE GENERAL COUNSEL AND THE OFFICE OF

21 MONITORING AND ENFORCEMENT.—There are authorized

22 to be appropriated to the Office of the United States

23 Trade Representative for the appointment of additional

24 staff in the Office of the General Counsel and the Office

25 of Monitoring and Enforcement—
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1 (1) $2,000,000 for fiscal year 2005; and

2 (2) $2,000,000 for fiscal year 2006.

3 TITLE III—UNITED STATES

4 INTERNATIONAL TRADE COM5 MISSION

6 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

8 330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C.

9 1330(e)(2)(A)) is amended by striking clauses (i) and (ii)

10 and inserting the following:

11 ‘‘(i) $61,700,000 for fiscal year 2005.

12 ‘‘(ii) $65,278,000 for fiscal year 2006.’’.

13 (b) RULE OF CONSTRUCTION.—The amendment

14 made by subsection (a) shall not be construed to affect

15 the availability of funds appropriated pursuant to section

16 330(e)(2)(A) of the Tariff Act of 1930 before the date

17 of the enactment of this Act.

Passed the House of Representatives July 14, 2004.

Attest:

Clerk.