IB 

108TH CONGRESS 

2D SESSION H. R. 4418 

[Report No. 108–598, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2004 

Mr. CRANE (for himself, Mr. RANGEL, Mr. SHAW, Mr. LEVIN, and Mr. 

RAMSTAD) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

JULY 13, 2004 

Reported from the Committee on Ways and Means with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 13, 2004 

Referral to the Committee on the Judiciary extended for a period ending not 

later than July 13, 2004 

JULY 13, 2004 

The Committee on the Judiciary discharged; committed to the Committee of 

the Whole House on the State of the Union, and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on May 20, 2004] 

A BILL 

To authorize appropriations for fiscal years 2005 and 2006 
2 

•HR 4418 RH 

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. 

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 this 

8 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. 
3 

•HR 4418 RH 

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. 

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 the 

10 Customs Procedural Reform and Simplification Act of 1978 

11 (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 each 

14 fiscal year thereafter, there are authorized to be appro15 priated to the Department of Homeland Security for the 

16 Bureau of Customs and Border Protection and the Bureau 

17 of Immigration and Customs Enforcement only such sums 

18 as may hereafter be authorized by law.’’; 
4 

•HR 4418 RH 

1 (2) by striking paragraph (2); 

2 (3) by redesignating paragraph (3) as para3 graph (2); and 

4 (4) in paragraph (2) (as redesignated)— 

5 (A) by inserting ‘‘and the Assistant Sec6 retary for United States Immigration and Cus7 toms Enforcement, respectively,’’ after ‘‘Commis8 sioner of Customs’’; and 

9 (B) by striking ‘‘Customs Service’’ and in10 serting ‘‘Bureau of Customs and Border Protec11 tion and the Bureau of Immigration and Cus12 toms Enforcement’’. 

13 (b) SALARIES AND EXPENSES.—Subsection (b) of such 

14 section is amended to read as follows: 

15 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

16 ‘‘(1) BUREAU OF CUSTOMS AND BORDER PRO17 TECTION.— 

18 ‘‘(A) There are authorized to be appro19 priated for the salaries and expenses of the Bu20 reau of Customs and Border Protection not to 

21 exceed the following: 

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

23 2005. 

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

25 2006. 
5 

•HR 4418 RH 

1 ‘‘(B)(i) The monies authorized to be appro2 priated under subparagraph (A) with respect to 

3 customs revenue functions for any fiscal year, ex4 cept for such sums as may be necessary for the 

5 salaries and expenses of the Bureau of Customs 

6 and Border Protection that are incurred in con7 nection with the processing of merchandise that 

8 is exempt from the fees imposed under para9 graphs (9) and (10) of section 13031(a) of the 

10 Consolidated Omnibus Budget Reconciliation Act 

11 of 1985 (19 U.S.C. 58c(a)), shall be appropriated 

12 from the Customs User Fee Account. 

13 ‘‘(ii) In clause (i), the term ‘customs rev14 enue function’ means the following: 

15 ‘‘(I) Assessing and collecting customs 

16 duties (including antidumping and counter17 vailing duties and duties imposed under 

18 safeguard provisions), excise taxes, fees, and 

19 penalties due on imported merchandise, in20 cluding classifying and valuing merchan21 dise for the purposes of such assessment. 

22 ‘‘(II) Processing and denial of entry of 

23 persons, baggage, cargo, and mail, with re24 spect to the assessment and collection of im25 port duties. 
6 

•HR 4418 RH 

1 ‘‘(III) Detecting and apprehending 

2 persons engaged in fraudulent practices de3 signed to circumvent the customs laws of the 

4 United States. 

5 ‘‘(IV) Enforcing section 337 of the Tar6 iff Act of 1930 and provisions relating to 

7 import quotas and the marking of imported 

8 merchandise, and providing Customs 

9 Recordations for copyrights, patents, and 

10 trademarks. 

11 ‘‘(V) Collecting accurate import data 

12 for compilation of international trade sta13 tistics. 

14 ‘‘(VI) Enforcing reciprocal trade agree15 ments. 

16 ‘‘(VII) Functions performed by the fol17 lowing personnel, and associated support 

18 staff, of the United States Customs Service 

19 prior to the establishment of the Bureau of 

20 Customs and Border Protection: Import 

21 Specialists, Entry Specialists, Drawback 

22 Specialists, National Import Specialists, 

23 Fines and Penalties Specialists, attorneys of 

24 the Office of Regulations and Rulings, Cus-
7 

•HR 4418 RH 

1 toms Auditors, International Trade Special2 ists, and Financial System Specialists. 

3 ‘‘(VIII) Functions performed by the 

4 following offices, with respect to any func5 tion described in any of subclauses (I) 

6 through (VII), and associated support staff, 

7 of the United States Customs Service prior 

8 to the establishment of the Bureau of Cus9 toms and Border Protection: the Office of 

10 Information and Technology, the Office of 

11 Laboratory Services, the Office of the Chief 

12 Counsel, the Office of Congressional Affairs, 

13 the Office of International Affairs, and the 

14 Office of Training and Development. 

15 ‘‘(2) BUREAU OF IMMIGRATION AND CUSTOMS

16 ENFORCEMENT.—There are authorized to be appro17 priated for the salaries and expenses of the Bureau of 

18 Immigration and Customs Enforcement not to exceed 

19 the following: 

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

21 ‘‘(B) $4,335,891,000 for fiscal year 2006.’’. 

22 SEC. 102. ESTABLISHMENT AND IMPLEMENTATION OF COST 

23 ACCOUNTING SYSTEM; REPORTS. 

24 Section 334 of the Customs and Border Security Act 

25 of 2002 (19 U.S.C. 2082 note) is amended to read as follows: 
8 

•HR 4418 RH 

1 ‘‘SEC. 334. ESTABLISHMENT AND IMPLEMENTATION OF 

2 COST ACCOUNTING SYSTEM; REPORTS. 

3 ‘‘(a) ESTABLISHMENT AND IMPLEMENTATION; CUS4 TOMS AND BORDER PROTECTION.— 

5 ‘‘(1) IN GENERAL.—Not later than September 30, 

6 2005, the Commissioner of Customs shall, in accord7 ance with the audit of the Customs Service’s fiscal 

8 years 2000 and 1999 financial statements (as con9 tained in the report of the Office of Inspector General 

10 of the Department of the Treasury issued on February 

11 23, 2001), establish and implement a cost accounting 

12 system— 

13 ‘‘(A) for expenses incurred in both commer14 cial and noncommercial operations of the Bu15 reau of Customs and Border Protection of the 

16 Department of Homeland Security, which system 

17 should specifically identify and distinguish ex18 penses incurred in commercial operations and 

19 expenses incurred in noncommercial operations; 

20 and 

21 ‘‘(B) for expenses incurred both in admin22 istering and enforcing the customs laws of the 

23 United States and the Federal immigration 

24 laws, which system should specifically identify 

25 and distinguish expenses incurred in admin26 istering and enforcing the customs laws of the 
9 

•HR 4418 RH 

1 United States and the expenses incurred in ad2 ministering and enforcing the Federal immigra3 tion laws. 

4 ‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac5 counting system described in paragraph (1) shall pro6 vide for an identification of expenses based on the 

7 type of operation, the port at which the operation 

8 took place, the amount of time spent on the operation 

9 by personnel of the Bureau of Customs and Border 

10 Protection, and an identification of expenses based on 

11 any other appropriate classification necessary to pro12 vide for an accurate and complete accounting of ex13 penses. 

14 ‘‘(b) ESTABLISHMENT AND IMPLEMENTATION; IMMI15 GRATION AND CUSTOMS ENFORCEMENT.— 

16 ‘‘(1) IN GENERAL.—Not later than September 30, 

17 2005, the Assistant Secretary for United States Immi18 gration and Customs Enforcement shall, in accord19 ance with the audit of the Customs Service’s fiscal 

20 years 2000 and 1999 financial statements (as con21 tained in the report of the Office of Inspector General 

22 of the Department of the Treasury issued on February 

23 23, 2001), establish and implement a cost accounting 

24 system— 
10 

•HR 4418 RH 

1 ‘‘(A) for expenses incurred in both commer2 cial and noncommercial operations of the Bu3 reau of Immigration and Customs Enforcement 

4 of the Department of Homeland Security, which 

5 system should specifically identify and distin6 guish expenses incurred in commercial oper7 ations and expenses incurred in noncommercial 

8 operations; 

9 ‘‘(B) for expenses incurred both in admin10 istering and enforcing the customs laws of the 

11 United States and the Federal immigration 

12 laws, which system should specifically identify 

13 and distinguish expenses incurred in admin14 istering and enforcing the customs laws of the 

15 United States and the expenses incurred in ad16 ministering and enforcing the Federal immigra17 tion laws. 

18 ‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac19 counting system described in paragraph (1) shall pro20 vide for an identification of expenses based on the 

21 type of operation, the amount of time spent on the op22 eration by personnel of the Bureau of Immigration 

23 and Customs Enforcement, and an identification of 

24 expenses based on any other appropriate classification 
11 

•HR 4418 RH 

1 necessary to provide for an accurate and complete ac2 counting of expenses. 

3 ‘‘(c) REPORTS.— 

4 ‘‘(1) DEVELOPMENT OF THE COST ACCOUNTING

5 SYSTEMS.—Beginning on the date of the enactment of 

6 the Customs Border Security and Trade Agencies Au7 thorization Act of 2004 and ending on the date on 

8 which the cost accounting systems described in sub9 sections (a) and (b) are fully implemented, the Com10 missioner of Customs and the Assistant Secretary for 

11 United States Immigration and Customs Enforce12 ment, respectively, shall prepare and submit to Con13 gress on a quarterly basis a report on the progress of 

14 implementing the cost accounting systems pursuant to 

15 subsections (a) and (b). 

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

17 after the date on which the cost accounting systems 

18 described in subsections (a) and (b) are fully imple19 mented, the Commissioner of Customs and the Assist20 ant Secretary for United States Immigration and 

21 Customs Enforcement, respectively, shall prepare and 

22 submit to Congress on an annual basis a report 

23 itemizing the expenses identified in subsections (a) 

24 and (b). 
12 

•HR 4418 RH 

1 ‘‘(3) OFFICE OF THE INSPECTOR GENERAL.—Not 

2 later than March 31, 2006, the Inspector General of 

3 the Department of Homeland Security shall prepare 

4 and submit to Congress a report analyzing the level 

5 of compliance with this section and detailing any ad6 ditional steps that should be taken to improve compli7 ance with this section.’’. 

8 SEC. 103. STUDY AND REPORT RELATING TO CUSTOMS 

9 USER FEES. 

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

11 which the cost accounting systems described in section 334 

12 of the Customs and Border Security Act of 2002 (as amend13 ed by section 102 of this Act) are fully implemented, the 

14 Comptroller General shall conduct a study on the extent to 

15 which the amount of each customs user fee imposed under 

16 section 13031(a) of the Consolidated Omnibus Budget Rec17 onciliation Act of 1985 (19 U.S.C. 58c(a)) approximates 

18 the cost of services provided by the Bureau of Customs and 

19 Border Protection of the Department of Homeland Security 

20 relating to the fee so imposed. The study shall include an 

21 analysis of the use of each such customs user fee by the Bu22 reau of Customs and Border Protection. 

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

24 on which the cost accounting systems described in section 

25 334 of the Customs and Border Security Act of 2002 are 
13 

•HR 4418 RH 

1 fully implemented, the Comptroller General shall submit to 

2 the Committee on Ways and Means of the House of Rep3 resentatives and the Committee on Finance of the Senate 

4 a report in classified form containing— 

5 (1) the results of the study conducted under sub6 section (a); and 

7 (2) recommendations for the appropriate amount 

8 of the customs user fees if such results indicate that 

9 the fees are not commensurate with the level of serv10 ices provided by the Bureau of Customs and Border 

11 Protection. 

12 SEC. 104. REPORT RELATING TO ONE FACE AT THE BORDER 

13 INITIATIVE. 

14 Not later than September 30 of each of the calendar 

15 years 2005 and 2006, the Commissioner of Customs shall 

16 prepare and submit to Congress a report— 

17 (1) analyzing the effectiveness of the One Face at 

18 the Border Initiative at enhancing security and fa19 cilitating trade; 

20 (2) providing a breakdown of the number of per21 sonnel of the Bureau of Customs and Border Protec22 tion that were personnel of the United States Customs 

23 Service prior to the establishment of the Department 

24 of Homeland Security, that were personnel of the Im25 migration and Naturalization Service prior to the es-
14 

•HR 4418 RH 

1 tablishment of the Department of Homeland Security, 

2 and that were hired after the establishment of the De3 partment of Homeland Security; 

4 (3) describing the training time provided to each 

5 employee on an annual basis for the various training 

6 components of the One Face at the Border Initiative; 

7 and 

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

9 Customs and Border Protection to ensure that exper10 tise is retained with respect to customs, immigration, 

11 and agriculture inspection functions under the One 

12 Face at the Border Initiative. 

13 Subtitle B—Technical Amendments 

14 Relating to Entry and Protest 

15 SEC. 111. ENTRY OF MERCHANDISE. 

16 (a) IN GENERAL.—Subsection (a) of section 484 of the 

17 Tariff Act of 1930 (19 U.S.C. 1484) is amended— 

18 (1) in paragraph (1)(B), by inserting after 

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

20 reconfigured entries on an import activity summary 

21 statement,’’; and 

22 (2) in paragraph (2)(A)— 

23 (A) in the second sentence, by inserting 

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

25 the filing of reconfigured entries,’’; and 
15 

•HR 4418 RH 

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

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

3 be liquidated if covered by an import activity 

4 summary statement, but instead each reconfig5 ured entry in the import activity summary 

6 statement shall be subject to liquidation or re7 liquidation pursuant to section 500, 501, or 

8 504.’’. 

9 (b) RECONCILIATION.—Subsection (b)(1) of such sec10 tion is amended in the fourth sentence by striking ‘‘15 

11 months’’ and inserting ‘‘21 months’’. 

12 SEC. 112. LIMITATION ON LIQUIDATIONS. 

13 Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) 

14 is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘or’’ at the end of para17 graph (3); 

18 (B) in paragraph (4), by striking ‘‘filed;’’ 

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

20 and 

21 (C) by inserting after paragraph (4) the fol22 lowing: 

23 ‘‘(5) if a reconfigured entry is filed under an im24 port activity summary statement, the date the import 
16 

•HR 4418 RH 

1 activity summary statement is filed or should have 

2 been filed, whichever is earlier;’’; and 

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

4 it appears. 

5 SEC. 113. PROTESTS. 

6 Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) 

7 is amended— 

8 (1) in subsection (a)— 

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

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

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

12 any clerical error, mistake of fact, or other inad13 vertence, whether or not resulting from or con14 tained in an electronic transmission, adverse to 

15 the importer, in any entry, liquidation, or re16 liquidation, and’’; 

17 (B) in paragraph (5), by inserting ‘‘, in18 cluding the liquidation of an entry, pursuant to 

19 either section 500 or section 504’’ after ‘‘thereof’’; 

20 and 

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

22 and 

23 (2) in subsection (c)— 

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

25 by striking ‘‘A protest may be amended,’’ and 
17 

•HR 4418 RH 

1 inserting ‘‘Unless a request for accelerated dis2 position is filed under section 515(b), a protest 

3 may be amended,’’; and 

4 (B) in paragraph (3)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘ninety days’’ and 

7 inserting ‘‘180 days’’; 

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

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

10 (iii) in the second sentence, by striking 

11 ‘‘90 days’’ and inserting ‘‘180 days’’. 

12 SEC. 114. REVIEW OF PROTESTS. 

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

14 1515(b)) is amended in the first sentence by striking ‘‘after 

15 ninety days’’ and inserting ‘‘concurrent with or’’. 

16 SEC. 115. REFUNDS AND ERRORS. 

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

18 1520(c)) is repealed. 

19 SEC. 116. DEFINITIONS AND MISCELLANEOUS PROVISIONS. 

20 Section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) 

21 is amended by adding at the end the following: 

22 ‘‘(t) RECONFIGURED ENTRY.—The term ‘reconfigured 

23 entry’ means an entry filed on an import activity summary 

24 statement which substitutes for all or part of 1 or more en25 tries filed under section 484(a)(1)(A) or filed on a reconcili-
18 

•HR 4418 RH 

1 ation entry that aggregates the entry elements to be rec2 onciled under section 484(b) for purposes of liquidation, re3 liquidation, or protest.’’. 

4 SEC. 117. VOLUNTARY RELIQUIDATIONS. 

5 Section 501 of the Tariff Act of 1930 (19 U.S.C. 1501) 

6 is amended in the first sentence by inserting ‘‘or 504’’ after 

7 ‘‘section 500’’. 

8 SEC. 118. EFFECTIVE DATE. 

9 The amendments made by this subtitle shall apply to 

10 merchandise entered, or withdrawn from warehouse for con11 sumption, on or after the 15th day after the date of the 

12 enactment of this Act. 

13 Subtitle C—Miscellaneous 

14 Provisions 

15 SEC. 121. DESIGNATION OF SAN ANTONIO INTERNATIONAL 

16 AIRPORT FOR CUSTOMS PROCESSING OF 

17 CERTAIN PRIVATE AIRCRAFT ARRIVING IN 

18 THE UNITED STATES. 

19 (a) IN GENERAL.—Section 1453(a) of the Tariff Sus20 pension and Trade Act of 2000 is amended by striking ‘‘2- 

21 year period’’ and inserting ‘‘6-year period’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall be effective as of November 9, 2002. 
19 

•HR 4418 RH 

1 SEC. 122. AUTHORITY FOR THE ESTABLISHMENT OF INTE2 GRATED BORDER INSPECTION AREAS AT THE 

3 UNITED STATES-CANADA BORDER. 

4 (a) FINDINGS.—Congress makes the following findings: 

5 (1) The increased security and safety concerns 

6 that developed in the aftermath of the terrorist attacks 

7 in the United States on September 11, 2001, need to 

8 be addressed. 

9 (2) One concern that has come to light is the vul10 nerability of the international bridges and tunnels 

11 along the United States borders. 

12 (3) It is necessary to ensure that potentially 

13 dangerous vehicles are inspected prior to crossing 

14 these bridges and tunnels; however, currently these ve15 hicles are not inspected until after they have crossed 

16 into the United States. 

17 (4) Establishing Integrated Border Inspection 

18 Areas (IBIAs) would address these concerns by in19 specting vehicles before they gained access to the in20 frastructure of international bridges and tunnels join21 ing the United States and Canada. 

22 (b) CREATION OF INTEGRATED BORDER INSPECTION

23 AREAS.— 

24 (1) IN GENERAL.—The Commissioner of the Cus25 toms Service, in consultation with the Canadian Cus26 toms and Revenue Agency (CCRA), shall seek to es-
20 

•HR 4418 RH 

1 tablish Integrated Border Inspection Areas (IBIAs), 

2 such as areas on either side of the United States-Can3 ada border, in which United States Customs officers 

4 can inspect vehicles entering the United States from 

5 Canada before they enter the United States, or Cana6 dian Customs officers can inspect vehicles entering 

7 Canada from the United States before they enter Can8 ada. Such inspections may include, where appro9 priate, employment of reverse inspection techniques. 

10 (2) ADDITIONAL REQUIREMENT.—The Commis11 sioner of Customs, in consultation with the Adminis12 trator of the General Services Administration when 

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

14 a manner that minimizes adverse impacts on the sur15 rounding community. 

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

17 authority granted by this section and under section 

18 629 of the Tariff Act of 1930, the Commissioner of 

19 Customs, in consultation with the Canadian Customs 

20 and Revenue Agency, shall seek to— 

21 (A) locate Integrated Border Inspection 

22 Areas in areas with bridges or tunnels with high 

23 traffic volume, significant commercial activity, 

24 and that have experienced backups and delays 

25 since September 11, 2001; 
21 

•HR 4418 RH 

1 (B) ensure that United States Customs offi2 cers stationed in any such IBIA on the Cana3 dian side of the border are vested with the max4 imum authority to carry out their duties and en5 force United States law; 

6 (C) ensure that United States Customs offi7 cers stationed in any such IBIA on the Cana8 dian side of the border shall possess the same im9 munity that they would possess if they were sta10 tioned in the United States; and 

11 (D) encourage appropriate officials of the 

12 United States to enter into an agreement with 

13 Canada permitting Canadian Customs officers 

14 stationed in any such IBIA on the United States 

15 side of the border to enjoy such immunities as 

16 permitted in Canada. 

17 SEC. 123. DESIGNATION OF FOREIGN LAW ENFORCEMENT 

18 OFFICERS. 

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

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

21 inserting ‘‘, including foreign law enforcement officers,’’ 

22 after ‘‘or other person’’. 

23 (b) INSPECTIONS AND PRECLEARANCE IN FOREIGN

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

25 U.S.C. 1629) is amended— 
22 

•HR 4418 RH 

1 (1) in subsection (a), by inserting ‘‘, or subse2 quent to their exit from,’’ after ‘‘prior to their arrival 

3 in’’; 

4 (2) in subsection (c)— 

5 (A) by inserting ‘‘or exportation’’ after ‘‘re6 lating to the importation’’; and 

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

8 entry’’; 

9 (3) by amending subsection (e) to read as fol10 lows: 

11 ‘‘(e) STATIONING OF FOREIGN CUSTOMS AND AGRI12 CULTURE INSPECTION OFFICERS IN THE UNITED

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

14 Secretary and the Secretary of Agriculture, may enter into 

15 agreements with any foreign country authorizing the sta16 tioning in the United States of customs and agriculture in17 spection officials of that country (if similar privileges are 

18 extended by that country to United States officials) for the 

19 purpose of insuring that persons and merchandise going di20 rectly to that country from the United States, or that have 

21 gone directly from that country to the United States, com22 ply with the customs and other laws of that country gov23 erning the importation or exportation of merchandise. Any 

24 foreign customs or agriculture inspection official stationed 

25 in the United States under this subsection may exercise 
23 

•HR 4418 RH 

1 such functions, perform such duties, and enjoy such privi2 leges and immunities as United States officials may be au3 thorized to perform or are afforded in that foreign country 

4 by treaty, agreement, or law.’’; and 

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

6 ‘‘(g) PRIVILEGES AND IMMUNITIES.—Any person des7 ignated to perform the duties of an officer of the Customs 

8 Service pursuant to section 401(i) of this Act shall be enti9 tled to the same privileges and immunities as an officer 

10 of the Customs Service with respect to any actions taken 

11 by the designated person in the performance of such du12 ties.’’. 

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

14 Treasury Department Appropriations Act, 2003, is hereby 

15 repealed. 

16 (d) EFFECTIVE DATE.—This section, and the amend17 ments made by this section, take effect on the date of the 

18 enactment of this Act. 

19 SEC. 124. CUSTOMS SERVICES. 

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

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

22 amended— 

23 (1) by striking ‘‘(1) Notwithstanding section 451 

24 of the Tariff Act of 1930 (19 U.S.C. 1451) or any 
24 

•HR 4418 RH 

1 other provision of law (other than paragraph (2)),’’ 

2 and inserting: 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) SCHEDULED FLIGHTS.—Notwith5 standing section 451 of the Tariff Act of 1930 

6 (19 U.S.C. 1451) or any other provision of law 

7 (other than subparagraph (B) and paragraph 

8 (2)),’’; and 

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

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

11 carrier (as defined in section 40102(13) of title 

12 49, United States Code) specifically requests that 

13 customs border patrol services for passengers and 

14 their baggage be provided for a charter flight ar15 riving after normal operating hours at a customs 

16 border patrol serviced airport and overtime 

17 funds for those services are not available, the ap18 propriate customs border patrol officer may as19 sign sufficient customs employees (if available) 

20 to perform any such services, which could law21 fully be performed during regular hours of oper22 ation, and any overtime fees incurred in connec23 tion with such service shall be paid by the char24 ter air carrier.’’. 
25 

•HR 4418 RH 

1 SEC. 125. SENSE OF CONGRESS ON INTERPRETATION OF 

2 TEXTILE AND APPAREL PROVISIONS. 

3 It is the sense of Congress that the Bureau of Customs 

4 and Border Protection of the Department of Homeland Se5 curity should interpret, implement, and enforce the provi6 sions of section 112 of the African Growth and Opportunity 

7 Act (19 U.S.C. 3721), section 204 of the Andean Trade Pref8 erence Act (19 U.S.C. 3203), and section 213 of the Carib9 bean Basin Economic Recovery Act (19 U.S.C. 2703), relat10 ing to preferential treatment of textile and apparel articles, 

11 broadly in order to expand trade by maximizing opportuni12 ties for imports of such articles from eligible beneficiary 

13 countries. 

14 SEC. 126. TECHNICAL AMENDMENTS. 

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

16 Act of 1930 is amended— 

17 (1) in the first sentence— 

18 (A) by inserting ‘‘referred to in this sub19 section’’ after ‘‘periodic payment’’; and 

20 (B) by striking ‘‘10 working days’’ and in21 serting ‘‘12 working days’’; and 

22 (2) in the second sentence, by striking ‘‘a partici23 pating’’ and all that follows through the end of the 

24 sentence and inserting the following: ‘‘the Secretary 

25 shall promulgate regulations, after testing the module, 

26 permitting a participating importer of record to de-
26 

•HR 4418 RH 

1 posit estimated duties and fees for entries of merchan2 dise, other than merchandise entered for warehouse, 

3 transportation, or under bond, no later than the 15 

4 working days following the month in which the mer5 chandise is entered or released, whichever comes 

6 first.’’. 

7 (b) CUSTOMS USER FEES.—(1) Section 

8 13031(b)(9)(A) of the Consolidated Omnibus Budget Rec9 onciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is amended 

10 by striking ‘‘less than $2,000’’ and inserting ‘‘$2,000 or 

11 less’’. 

12 (2) Section 13031(b)(9)(A)(ii) of the Consolidated Om13 nibus Budget Reconciliation Act of 1985 (19 U.S.C. 

14 58c(b)(9)(A)(ii)) is amended to read as follows: 

15 ‘‘(ii) Notwithstanding subsection (e)(6) and sub16 ject to the provisions of subparagraph (B), in the case 

17 of an express consignment carrier facility or central18 ized hub facility— 

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

20 of lading; and 

21 ‘‘(II) if the merchandise is formally entered, 

22 the fee provided for in subsection (a)(9), if appli23 cable.’’. 
27 

•HR 4418 RH 

1 (3) Section 13031(b)(9)(B) of the Consolidated Omni2 bus Budget Reconciliation Act of 1985 (19 U.S.C. 

3 58c(b)(9)(B)) is amended— 

4 (A) by moving the margins for subparagraph 

5 (B) 4 ems to the left; and 

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

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

8 (II)’’. 

9 (4) Section 13031(f)(1)(B) of the Consolidated Omni10 bus Budget Reconciliation Act of 1985 (19 U.S.C. 

11 58c(f)(1)(B)) is amended by moving the subparagraph 2 

12 ems to the left. 

13 TITLE II—OFFICE OF THE 

14 UNITED STATES TRADE REP15 RESENTATIVE 

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

20 amended by striking clauses (i) and (ii) and inserting 

21 the following: 

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

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

24 (2) RULE OF CONSTRUCTION.—The amendment 

25 made by paragraph (1) shall not be construed to af-
28 

•HR 4418 RH 

1 fect the availability of funds appropriated pursuant 

2 to section 141(g)(1)(A) of the Trade Act of 1974 before 

3 the date of the enactment of this Act. 

4 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

5 OFFICE OF THE GENERAL COUNSEL AND THE OFFICE OF

6 MONITORING AND ENFORCEMENT.—There are authorized to 

7 be appropriated to the Office of the United States Trade 

8 Representative for the appointment of additional staff in 

9 the Office of the General Counsel and the Office of Moni10 toring and Enforcement— 

11 (1) $2,000,000 for fiscal year 2005; and 

12 (2) $2,000,000 for fiscal year 2006. 

13 TITLE III—UNITED STATES 

14 INTERNATIONAL TRADE COM15 MISSION 

16 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 

19 1330(e)(2)(A)) is amended by striking clauses (i) and (ii) 

20 and inserting the following: 

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

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

23 (b) RULE OF CONSTRUCTION.—The amendment made 

24 by subsection (a) shall not be construed to affect the avail25 ability of funds appropriated pursuant to section 
29 

•HR 4418 RH 

1 330(e)(2)(A) of the Tariff Act of 1930 before the date of the 

2 enactment of this Act. 

Æ