I 

108TH CONGRESS 

2D SESSION H. R. 4418

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 

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Customs Border Security Act of 2004’’. 

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

5 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. 

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. 

TITLE III—UNITED STATES INTERNATIONAL TRADE COMMISSION 

Sec. 301. Authorization of appropriations.
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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, 

14 2004, and each fiscal year thereafter, there are au15 thorized to be appropriated to the Department of 

16 Homeland Security for the Bureau of Customs and 

17 Border Protection and the Bureau of Immigration 

18 and Customs Enforcement only such sums as may 

19 hereafter be authorized by law.’’; 

20 (2) by striking paragraph (2); 

21 (3) by redesignating paragraph (3) as para22 graph (2); and 

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

24 (A) by inserting ‘‘and the Assistant Sec25 retary for United States Immigration and Cus-
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1 toms Enforcement, respectively,’’ after ‘‘Com2 missioner of Customs’’; and 

3 (B) by striking ‘‘Customs Service’’ and in4 serting ‘‘Bureau of Customs and Border Pro5 tection and the Bureau of Immigration and 

6 Customs Enforcement’’. 

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

8 such section is amended to read as follows: 

9 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

10 ‘‘(1) BUREAU OF CUSTOMS AND BORDER PRO11 TECTION.—

12 ‘‘(A) There are authorized to be appro13 priated for the salaries and expenses of the Bu14 reau of Customs and Border Protection not to 

15 exceed the following: 

16 ‘‘(i) $6,199,000,000 for fiscal year 

17 2005. 

18 ‘‘(ii) $6,465,557,000 for fiscal year 

19 2006. 

20 ‘‘(B)(i) The monies authorized to be ap21 propriated under subparagraph (A) with respect 

22 to customs revenue functions for any fiscal 

23 year, except for such sums as may be necessary 

24 for the salaries and expenses of the Bureau of 

25 Customs and Border Protection that are in-
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1 curred in connection with the processing of 

2 merchandise that is exempt from the fees im3 posed under paragraphs (9) and (10) of section 

4 13031(a) of the Consolidated Omnibus Budget 

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

6 shall be appropriated from the Customs User 

7 Fee Account. 

8 ‘‘(ii) In clause (i), the term ‘customs rev9 enue function’ means the following: 

10 ‘‘(I) Assessing and collecting customs 

11 duties (including antidumping and counter12 vailing duties and duties imposed under 

13 safeguard provisions), excise taxes, fees, 

14 and penalties due on imported merchan15 dise, including classifying and valuing mer16 chandise for the purposes of such assess17 ment. 

18 ‘‘(II) Processing and denial of entry 

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

20 respect to the assessment and collection of 

21 import duties. 

22 ‘‘(III) Detecting and apprehending 

23 persons engaged in fraudulent practices 

24 designed to circumvent the customs laws of 

25 the United States. 
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1 ‘‘(IV) Enforcing section 337 of the 

2 Tariff Act of 1930 and provisions relating 

3 to import quotas and the marking of im4 ported merchandise, and providing Cus5 toms Recordations for copyrights, patents, 

6 and trademarks. 

7 ‘‘(V) Collecting accurate import data 

8 for compilation of international trade sta9 tistics. 

10 ‘‘(VI) Enforcing reciprocal trade 

11 agreements. 

12 ‘‘(VII) Functions performed by the 

13 following personnel, and associated support 

14 staff, of the United States Customs Service 

15 prior to the establishment of the Bureau of 

16 Customs and Border Protection: Import 

17 Specialists, Entry Specialists, Drawback 

18 Specialists, National Import Specialists, 

19 Fines and Penalties Specialists, attorneys 

20 of the Office of Regulations and Rulings, 

21 Customs Auditors, International Trade 

22 Specialists, and Financial System Special23 ists. 

24 ‘‘(VIII) Functions performed by the 

25 following offices, with respect to any func-
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1 tion described in any of subclauses (I) 

2 through (VII), and associated support 

3 staff, of the United States Customs Service 

4 prior to the establishment of the Bureau of 

5 Customs and Border Protection: the Office 

6 of Information and Technology, the Office 

7 of Laboratory Services, the Office of the 

8 Chief Counsel, the Office of Congressional 

9 Affairs, the Office of International Affairs, 

10 and the Office of Training and Develop11 ment. 

12 ‘‘(2) BUREAU OF IMMIGRATION AND CUSTOMS

13 ENFORCEMENT.—There are authorized to be appro14 priated for the salaries and expenses of the Bureau 

15 of Immigration and Customs Enforcement not to ex16 ceed the following: 

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

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

19 2006.’’. 

20 SEC. 102. ESTABLISHMENT AND IMPLEMENTATION OF 

21 COST ACCOUNTING SYSTEM; REPORTS. 

22 Section 334 of the Customs and Border Security Act 

23 of 2002 (19 U.S.C. 2082 note) is amended to read as fol24 lows: 
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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 

6 30, 2005, the Commissioner of Customs shall, in ac7 cordance with the audit of the Customs Service’s fis8 cal years 2000 and 1999 financial statements (as 

9 contained in the report of the Office of Inspector 

10 General of the Department of the Treasury issued 

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

12 cost accounting system—

13 ‘‘(A) for expenses incurred in both com14 mercial and noncommercial operations of the 

15 Bureau of Customs and Border Protection of 

16 the Department of Homeland Security, which 

17 system should specifically identify and distin18 guish expenses incurred in commercial oper19 ations and expenses incurred in noncommercial 

20 operations; 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 
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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 

6 provide for an identification of expenses based on 

7 the type of operation, the port at which the oper8 ation took place, the amount of time spent on the 

9 operation by personnel of the Bureau of Customs 

10 and Border Protection, and an identification of ex11 penses based on any other appropriate classification 

12 necessary to provide for an accurate and complete 

13 accounting of expenses. 

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

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

17 30, 2005, the Assistant Secretary for United States 

18 Immigration and Customs Enforcement shall, in ac19 cordance with the audit of the Customs Service’s fis20 cal years 2000 and 1999 financial statements (as 

21 contained in the report of the Office of Inspector 

22 General of the Department of the Treasury issued 

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

24 cost accounting system—
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1 ‘‘(A) for expenses incurred in both com2 mercial and noncommercial operations of the 

3 Bureau of Immigration and Customs Enforce4 ment of the Department of Homeland Security, 

5 which system should specifically identify and 

6 distinguish expenses incurred in commercial op7 erations and expenses incurred in noncommer8 cial 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 

20 provide for an identification of expenses based on 

21 the type of operation, the amount of time spent on 

22 the operation by personnel of the Bureau of Immi23 gration and Customs Enforcement, and an identi24 fication of expenses based on any other appropriate 
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1 classification necessary to provide for an accurate 

2 and complete accounting of expenses. 

3 ‘‘(c) REPORTS.—

4 ‘‘(1) DEVELOPMENT OF THE COST ACCOUNTING

5 SYSTEMS.—Beginning on the date of the enactment 

6 of the Customs Border Security Act of 2004 and 

7 ending on the date on which the cost accounting sys8 tems described in subsections (a) and (b) are fully 

9 implemented, the Commissioner of Customs and the 

10 Assistant Secretary for United States Immigration 

11 and Customs Enforcement, respectively, shall pre12 pare and submit to Congress on a quarterly basis a 

13 report on the progress of implementing the cost ac14 counting systems pursuant to subsections (a) and 

15 (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 As20 sistant Secretary for United States Immigration and 

21 Customs Enforcement, respectively, shall prepare 

22 and submit to Congress on an annual basis a report 

23 itemizing the expenses identified in subsections (a) 

24 and (b). 
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1 ‘‘(3) OFFICE OF THE INSPECTOR GENERAL.—

2 Not later than March 31, 2006, the Inspector Gen3 eral of the Department of Homeland Security shall 

4 prepare and submit to Congress a report analyzing 

5 the level of compliance with this section and detail6 ing any additional steps that should be taken to im7 prove compliance 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 

12 334 of the Customs and Border Security Act of 2002 (as 

13 amended by section 102 of this Act) are fully imple14 mented, the Comptroller General shall conduct a study on 

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

16 imposed under section 13031(a) of the Consolidated Om17 nibus Budget Reconciliation Act of 1985 (19 U.S.C. 

18 58c(a)) approximates the cost of services provided by the 

19 Bureau of Customs and Border Protection of the Depart20 ment of Homeland Security relating to the fee so imposed. 

21 The study shall include an analysis of the use of each such 

22 customs user fee by the Bureau of Customs and Border 

23 Protection. 

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

25 on which the cost accounting systems described in section 
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1 334 of the Customs and Border Security Act of 2002 are 

2 fully implemented, the Comptroller General shall submit 

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

4 Representatives and the Committee on Finance of the 

5 Senate a report in classified form containing—

6 (1) the results of the study conducted under 

7 subsection (a); and 

8 (2) recommendations for the appropriate 

9 amount of the customs user fees if such results indi10 cate that the fees are not commensurate with the 

11 level of services provided by the Bureau of Customs 

12 and Border Protection. 

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 

17 the 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 
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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. 

14 1504) 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 

22 following: 

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

24 import activity summary statement, the date the im-
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1 port activity summary statement is filed or should 

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

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

4 place it appears. 

5 SEC. 113. PROTESTS. 

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

7 1514) 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 in13 advertence, whether or not resulting from or 

14 contained in an electronic transmission, adverse 

15 to 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 ‘‘there20 of’’; 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 
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1 inserting ‘‘Unless a request for accelerated dis2 position is filed under section 515(b), a protest 

3 may be amended,’’; 

4 (B) in paragraph (3)(A), by striking ‘‘no5 tice of’’ and inserting ‘‘date of’’; and 

6 (C) in paragraph (3)—

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘ninety days’’ and 

9 inserting ‘‘180 days’’; 

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

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

12 (iii) in the second sentence, by strik13 ing ‘‘90 days’’ and inserting ‘‘180 days’’ . 

14 SEC. 114. REVIEW OF PROTESTS. 

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

16 1515(b)) is amended in the first sentence by striking 

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

18 SEC. 115. REFUNDS AND ERRORS. 

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

20 1520(c)) is repealed. 

21 SEC. 116. DEFINITIONS AND MISCELLANEOUS PROVISIONS. 

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

23 1401) is amended by adding at the end the following: 

24 ‘‘(t) RECONFIGURED ENTRY.—The term ‘reconfig25 ured entry’ means an entry filed on an import activity 
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1 summary statement which substitutes for all or part of 

2 1 or more entries filed under section 484(a)(1)(A) or filed 

3 on a reconciliation entry that aggregates the entry ele4 ments to be reconciled under section 484(b) for purposes 

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

6 SEC. 117. VOLUNTARY RELIQUIDATIONS. 

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

8 1501) is amended in the first sentence by inserting ‘‘or 

9 504’’ after ‘‘section 500’’. 

10 SEC. 118. EFFECTIVE DATE. 

11 The amendments made by this subtitle shall apply to 

12 merchandise entered, or withdrawn from warehouse for 

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

14 the enactment of this Act. 

15 Subtitle C—Miscellaneous 

16 Provisions 

17 SEC. 121. DESIGNATION OF SAN ANTONIO INTERNATIONAL 

18 AIRPORT FOR CUSTOMS PROCESSING OF 

19 CERTAIN PRIVATE AIRCRAFT ARRIVING IN 

20 THE UNITED STATES. 

21 (a) IN GENERAL.—Section 1453(a) of the Tariff Sus22 pension and Trade Act of 2000 is amended by striking 

23 ‘‘2-year period’’ and inserting ‘‘6-year period’’. 

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

25 subsection (a) shall be effective as of November 9, 2002. 
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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 find5 ings: 

6 (1) The increased security and safety concerns 

7 that developed in the aftermath of the terrorist at8 tacks in the United States on September 11, 2001, 

9 need to be addressed. 

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

11 vulnerability of the international bridges and tunnels 

12 along the United States borders. 

13 (3) It is necessary to ensure that potentially 

14 dangerous vehicles are inspected prior to crossing 

15 these bridges and tunnels; however, currently these 

16 vehicles are not inspected until after they have 

17 crossed into the United States. 

18 (4) Establishing Integrated Border Inspection 

19 Areas (IBIAs) would address these concerns by in20 specting vehicles before they gained access to the in21 frastructure of international bridges and tunnels 

22 joining the United States and Canada. 

23 (b) CREATION OF INTEGRATED BORDER INSPECTION

24 AREAS.—

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

26 Customs Service, in consultation with the Canadian 
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1 Customs and Revenue Agency (CCRA), shall seek to 

2 establish Integrated Border Inspection Areas 

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

4 States-Canada border, in which United States Cus5 toms officers can inspect vehicles entering the 

6 United States from Canada before they enter the 

7 United States, or Canadian Customs officers can in8 spect vehicles entering Canada from the United 

9 States before they enter Canada. Such inspections 

10 may include, where appropriate, employment of re11 verse inspection techniques. 

12 (2) ADDITIONAL REQUIREMENT.—The Commis13 sioner of Customs, in consultation with the Adminis14 trator of the General Services Administration when 

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

16 a manner that minimizes adverse impacts on the 

17 surrounding community. 

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

19 authority granted by this section and under section 

20 629 of the Tariff Act of 1930, the Commissioner of 

21 Customs, in consultation with the Canadian Customs 

22 and Revenue Agency, shall seek to—

23 (A) locate Integrated Border Inspection 

24 Areas in areas with bridges or tunnels with 

25 high traffic volume, significant commercial ac-
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1 tivity, and that have experienced backups and 

2 delays since September 11, 2001; 

3 (B) ensure that United States Customs of4 ficers stationed in any such IBIA on the Cana5 dian side of the border are vested with the max6 imum authority to carry out their duties and 

7 enforce United States law; 

8 (C) ensure that United States Customs of9 ficers stationed in any such IBIA on the Cana10 dian side of the border shall possess the same 

11 immunity that they would possess if they were 

12 stationed in the United States; and 

13 (D) encourage appropriate officials of the 

14 United States to enter into an agreement with 

15 Canada permitting Canadian Customs officers 

16 stationed in any such IBIA on the United 

17 States side of the border to enjoy such immuni18 ties as permitted in Canada. 

19 SEC. 123. DESIGNATION OF FOREIGN LAW ENFORCEMENT 

20 OFFICERS. 

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

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

23 by inserting ‘‘, including foreign law enforcement offi24 cers,’’ after ‘‘or other person’’. 
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1 (b) INSPECTIONS AND PRECLEARANCE IN FOREIGN

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

3 U.S.C. 1629) is amended—

4 (1) in subsection (a), by inserting ‘‘, or subse5 quent to their exit from,’’ after ‘‘prior to their ar6 rival in’’; 

7 (2) in subsection (c)—

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

9 ‘‘relating to the importation’’; and 

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

11 entry’’; 

12 (3) by amending subsection (e) to read as fol13 lows: 

14 ‘‘(e) STATIONING OF FOREIGN CUSTOMS AND AGRI15 CULTURE INSPECTION OFFICERS IN THE UNITED

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

17 Secretary and the Secretary of Agriculture, may enter into 

18 agreements with any foreign country authorizing the sta19 tioning in the United States of customs and agriculture 

20 inspection officials of that country (if similar privileges are 

21 extended by that country to United States officials) for 

22 the purpose of insuring that persons and merchandise 

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

24 that have gone directly from that country to the United 

25 States, comply with the customs and other laws of that 
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1 country governing the importation or exportation of mer2 chandise. Any foreign customs or agriculture inspection 

3 official stationed in the United States under this sub4 section may exercise such functions, perform such duties, 

5 and enjoy such privileges and immunities as United States 

6 officials may be authorized to perform or are afforded in 

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

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

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

10 designated to perform the duties of an officer of the Cus11 toms Service pursuant to section 401(i) of this Act shall 

12 be entitled to the same privileges and immunities as an 

13 officer of the Customs Service with respect to any actions 

14 taken by the designated person in the performance of such 

15 duties.’’. 

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

17 Treasury Department Appropriations Act, 2003, is hereby 

18 repealed. 

19 (d) EFFECTIVE DATE.—This section, and the amend20 ments made by this section, take effect on the date of the 

21 enactment of this Act. 

22 SEC. 124. CUSTOMS SERVICES. 

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

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

25 is amended—
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1 (1) by striking ‘‘(1) Notwithstanding section 

2 451 of the Tariff Act of 1930 (19 U.S.C. 1451) or 

3 any other provision of law (other than paragraph 

4 (2)),’’ and inserting: 

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) SCHEDULED FLIGHTS.—Notwith7 standing section 451 of the Tariff Act of 1930 

8 (19 U.S.C. 1451) or any other provision of law 

9 (other than subparagraph (B) and paragraph 

10 (2)),’’; and 

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

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

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

14 49, United States Code) specifically requests 

15 that customs border patrol services for pas16 sengers and their baggage be provided for a 

17 charter flight arriving after normal operating 

18 hours at a customs border patrol serviced air19 port and overtime funds for those services are 

20 not available, the appropriate customs border 

21 patrol officer may assign sufficient customs em22 ployees (if available) to perform any such serv23 ices, which could lawfully be performed during 

24 regular hours of operation, and any overtime 
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1 fees incurred in connection with such service 

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

3 SEC. 125. SENSE OF CONGRESS ON INTERPRETATION OF 

4 TEXTILE AND APPAREL PROVISIONS. 

5 It is the sense of Congress that the Bureau of Cus6 toms and Border Protection of the Department of Home7 land Security should interpret, implement, and enforce the 

8 provisions of section 112 of the African Growth and Op9 portunity Act (19 U.S.C. 3721), section 204 of the Ande10 an Trade Preference Act (19 U.S.C. 3203), and section 

11 213 of the Caribbean Basin Economic Recovery Act (19 

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

13 and apparel articles, broadly in order to expand trade by 

14 maximizing opportunities for imports of such articles from 

15 eligible beneficiary countries. 

16 SEC. 126. TECHNICAL AMENDMENTS. 

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

18 Tariff Act of 1930 is amended—

19 (1) in the first sentence—

20 (A) by inserting ‘‘referred to in this sub21 section’’ after ‘‘periodic payment’’; and 

22 (B) by striking ‘‘10 working days’’ and in23 serting ‘‘12 working days’’; and 

24 (2) in the second sentence, by striking ‘‘a par25 ticipating’’ and all that follows through the end of 
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1 the sentence and inserting the following: ‘‘the Sec2 retary shall promulgate regulations, after testing the 

3 module, permitting a participating importer of 

4 record to deposit estimated duties and fees for en5 tries of merchandise, other than merchandise en6 tered for warehouse, transportation, or under bond, 

7 no later than the 15 working days following the 

8 month in which the merchandise is entered or re9 leased, whichever comes first.’’. 

10 (b) CUSTOMS USER FEES.—(1) Section 

11 13031(b)(9)(A) of the Consolidated Omnibus Budget Rec12 onciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is 

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

14 ‘‘$2,000 or less’’. 

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

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

17 58c(b)(9)(A)(ii)) is amended to read as follows: 

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

19 and subject to the provisions of subparagraph 

20 (B), in the case of an express consignment car21 rier facility or centralized hub facility—

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

23 bill of lading; and 
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1 ‘‘(II) if the merchandise is formally 

2 entered, the fee provided for in subsection 

3 (a)(9), if applicable.’’. 

4 (3) Section 13031(b)(9)(B) of the Consolidated Om5 nibus Budget Reconciliation Act of 1985 (19 U.S.C. 

6 58c(b)(9)(B)) is amended—

7 (A) by moving the margins for subparagraph 

8 (B) 4 ems to the left; and 

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

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

11 (II)’’. 

12 (4) Section 13031(f)(1)(B) of the Consolidated Om13 nibus Budget Reconciliation Act of 1985 (19 U.S.C. 

14 58c(f)(1)(B)) is amended by moving the subparagraph 2 

15 ems to the left. 

16 TITLE II—OFFICE OF THE 

17 UNITED STATES TRADE REP18 RESENTATIVE 

19 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 141(g)(1)(A) of the Trade Act of 1974 (19 U.S.C. 

22 2171(g)(1)(A)) is amended by striking clauses (i) and (ii) 

23 and inserting the following: 

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

25 ‘‘(ii) $39,552,000 for fiscal year 2006.’’. 
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1 (b) RULE OF CONSTRUCTION.—The amendment 

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

3 the availability of funds appropriated pursuant to section 

4 141(g)(1)(A) of the Trade Act of 1974 before the date 

5 of the enactment of this Act. 

6 TITLE III—UNITED STATES 

7 INTERNATIONAL TRADE COM8 MISSION 

9 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 

12 1330(e)(2)(A)) is amended by striking clauses (i) and (ii) 

13 and inserting the following: 

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

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

16 (b) RULE OF CONSTRUCTION.—The amendment 

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

18 the availability of funds appropriated pursuant to section 

19 330(e)(2)(A) of the Tariff Act of 1930 before the date 

20 of the enactment of this Act.

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