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 Com-
mittee on Ways and Means, and in addition to the Committee on the Ju-
diciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Customs Border Security and Trade Agencies Authoriza-
tion Act of 2004’’. 
(b) TABLE OF CONTENTS.—The table of contents of 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 proc-
essing 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. 
TITLE I—BUREAU OF CUSTOMS 
AND 
BORDER 
PROTECTION 
AND BUREAU OF IMMIGRA-
TION 
AND 
CUSTOMS 
EN-
FORCEMENT 
Subtitle A—Authorization of 
Appropriations; Related Provisions 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Subsection (a) of section 301 of the 
Customs Procedural Reform and Simplification Act of 1978 
(19 U.S.C. 2075) is amended— 
(1) in paragraph (1), to read as follows: 
‘‘(1) For the fiscal year beginning October 1, 2004, and each 
fiscal year thereafter, there are authorized to be appro-
priated to the Department of Homeland Security for the 
Bureau of Customs and Border Protection and the Bureau 
of Immigration and Customs Enforcement only such sums 
as may hereafter be authorized by law.’’;
(2) by striking paragraph (2); 
(3) by redesignating paragraph (3) as para-
graph (2); and 
(4) in paragraph (2) (as redesignated)— 
(A) by inserting ‘‘and the Assistant Sec-
retary for United States Immigration and Cus-
toms Enforcement, respectively,’’ after ‘‘Commis-
sioner of Customs’’; and 
(B) by striking ‘‘Customs Service’’ and in-
serting ‘‘Bureau of Customs and Border Protec-
tion and the Bureau of Immigration and Cus-
toms Enforcement’’. 
(b) SALARIES AND EXPENSES.—Subsection (b) of such 
section is amended to read as follows: 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) BUREAU OF CUSTOMS AND BORDER PRO-
TECTION.— 
‘‘(A) There are authorized to be appro-
priated for the salaries and expenses of the Bu-
reau of Customs and Border Protection not to 
exceed the following: 
‘‘(i) $6,203,000,000 for fiscal year 
2005. 
‘‘(ii) $6,469,729,000 for fiscal year 
2006.
‘‘(B)(i) The monies authorized to be appro-
priated under subparagraph (A) with respect to 
customs revenue functions for any fiscal year, ex-
cept for such sums as may be necessary for the 
salaries and expenses of the Bureau of Customs 
and Border Protection that are incurred in con-
nection with the processing of merchandise that 
is exempt from the fees imposed under para-
graphs (9) and (10) of section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(a)), shall be appropriated 
from the Customs User Fee Account. 
‘‘(ii) In clause (i), the term ‘customs rev-
enue function’ means the following: 
‘‘(I) Assessing and collecting customs 
duties (including antidumping and counter-
vailing duties and duties imposed under 
safeguard provisions), excise taxes, fees, and 
penalties due on imported merchandise, in-
cluding classifying and valuing merchan-
dise for the purposes of such assessment. 
‘‘(II) Processing and denial of entry of 
persons, baggage, cargo, and mail, with re-
spect to the assessment and collection of im-
port duties.
‘‘(III) Detecting and apprehending 
persons engaged in fraudulent practices de-
signed to circumvent the customs laws of the 
United States. 
‘‘(IV) Enforcing section 337 of the Tar-
iff Act of 1930 and provisions relating to 
import quotas and the marking of imported 
merchandise, 
and 
providing 
Customs 
Recordations for copyrights, patents, and 
trademarks. 
‘‘(V) Collecting accurate import data 
for compilation of international trade sta-
tistics. 
‘‘(VI) Enforcing reciprocal trade agree-
ments. 
‘‘(VII) Functions performed by the fol-
lowing personnel, and associated support 
staff, of the United States Customs Service 
prior to the establishment of the Bureau of 
Customs and Border Protection: Import 
Specialists, Entry Specialists, Drawback 
Specialists, National Import Specialists, 
Fines and Penalties Specialists, attorneys of 
the Office of Regulations and Rulings, Cus-
toms Auditors, International Trade Special-
ists, and Financial System Specialists. 
‘‘(VIII) Functions performed by the 
following offices, with respect to any func-
tion described in any of subclauses (I) 
through (VII), and associated support staff, 
of the United States Customs Service prior 
to the establishment of the Bureau of Cus-
toms and Border Protection: the Office of 
Information and Technology, the Office of 
Laboratory Services, the Office of the Chief 
Counsel, the Office of Congressional Affairs, 
the Office of International Affairs, and the 
Office of Training and Development. 
‘‘(2) BUREAU
OF
IMMIGRATION
AND
CUSTOMS 
ENFORCEMENT.—There are authorized to be appro-
priated for the salaries and expenses of the Bureau of 
Immigration and Customs Enforcement not to exceed 
the following: 
‘‘(A) $4,011,000,000 for fiscal year 2005. 
‘‘(B) $4,335,891,000 for fiscal year 2006.’’. 
SEC. 102. ESTABLISHMENT AND IMPLEMENTATION OF COST 
ACCOUNTING SYSTEM; REPORTS. 
Section 334 of the Customs and Border Security Act 
of 2002 (19 U.S.C. 2082 note) is amended to read as follows:
‘‘SEC. 334. ESTABLISHMENT AND IMPLEMENTATION OF 
COST ACCOUNTING SYSTEM; REPORTS. 
‘‘(a) ESTABLISHMENT
AND IMPLEMENTATION; CUS-
TOMS AND BORDER PROTECTION.— 
‘‘(1) IN GENERAL.—Not later than September 30, 
2005, the Commissioner of Customs shall, in accord-
ance with the audit of the Customs Service’s fiscal 
years 2000 and 1999 financial statements (as con-
tained in the report of the Office of Inspector General 
of the Department of the Treasury issued on February 
23, 2001), establish and implement a cost accounting 
system— 
‘‘(A) for expenses incurred in both commer-
cial and noncommercial operations of the Bu-
reau of Customs and Border Protection of the 
Department of Homeland Security, which system 
should specifically identify and distinguish ex-
penses incurred in commercial operations and 
expenses incurred in noncommercial operations; 
and 
‘‘(B) for expenses incurred both in admin-
istering and enforcing the customs laws of the 
United States and the Federal immigration 
laws, which system should specifically identify 
and distinguish expenses incurred in admin-
istering and enforcing the customs laws of the
United States and the expenses incurred in ad-
ministering and enforcing the Federal immigra-
tion laws. 
‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac-
counting system described in paragraph (1) shall pro-
vide for an identification of expenses based on the 
type of operation, the port at which the operation 
took place, the amount of time spent on the operation 
by personnel of the Bureau of Customs and Border 
Protection, and an identification of expenses based on 
any other appropriate classification necessary to pro-
vide for an accurate and complete accounting of ex-
penses. 
‘‘(b) ESTABLISHMENT AND IMPLEMENTATION; IMMI-
GRATION AND CUSTOMS ENFORCEMENT.— 
‘‘(1) IN GENERAL.—Not later than September 30, 
2005, the Assistant Secretary for United States Immi-
gration and Customs Enforcement shall, in accord-
ance with the audit of the Customs Service’s fiscal 
years 2000 and 1999 financial statements (as con-
tained in the report of the Office of Inspector General 
of the Department of the Treasury issued on February 
23, 2001), establish and implement a cost accounting 
system—
‘‘(A) for expenses incurred in both commer-
cial and noncommercial operations of the Bu-
reau of Immigration and Customs Enforcement 
of the Department of Homeland Security, which 
system should specifically identify and distin-
guish expenses incurred in commercial oper-
ations and expenses incurred in noncommercial 
operations; 
‘‘(B) for expenses incurred both in admin-
istering and enforcing the customs laws of the 
United States and the Federal immigration 
laws, which system should specifically identify 
and distinguish expenses incurred in admin-
istering and enforcing the customs laws of the 
United States and the expenses incurred in ad-
ministering and enforcing the Federal immigra-
tion laws. 
‘‘(2) ADDITIONAL REQUIREMENT.—The cost ac-
counting system described in paragraph (1) shall pro-
vide for an identification of expenses based on the 
type of operation, the amount of time spent on the op-
eration by personnel of the Bureau of Immigration 
and Customs Enforcement, and an identification of 
expenses based on any other appropriate classification
necessary to provide for an accurate and complete ac-
counting of expenses. 
‘‘(c) REPORTS.— 
‘‘(1) DEVELOPMENT OF THE COST ACCOUNTING 
SYSTEMS.—Beginning on the date of the enactment of 
the Customs Border Security and Trade Agencies Au-
thorization Act of 2004 and ending on the date on 
which the cost accounting systems described in sub-
sections (a) and (b) are fully implemented, the Com-
missioner of Customs and the Assistant Secretary for 
United States Immigration and Customs Enforce-
ment, respectively, shall prepare and submit to Con-
gress on a quarterly basis a report on the progress of 
implementing the cost accounting systems pursuant to 
subsections (a) and (b). 
‘‘(2) ANNUAL
REPORTS.—Beginning one year 
after the date on which the cost accounting systems 
described in subsections (a) and (b) are fully imple-
mented, the Commissioner of Customs and the Assist-
ant Secretary for United States Immigration and 
Customs Enforcement, respectively, shall prepare and 
submit to Congress on an annual basis a report 
itemizing the expenses identified in subsections (a) 
and (b).
‘‘(3) OFFICE OF THE INSPECTOR GENERAL.—Not 
later than March 31, 2006, the Inspector General of 
the Department of Homeland Security shall prepare 
and submit to Congress a report analyzing the level 
of compliance with this section and detailing any ad-
ditional steps that should be taken to improve compli-
ance with this section.’’. 
SEC. 103. STUDY AND REPORT RELATING TO CUSTOMS 
USER FEES. 
(a) STUDY.—Beginning 180 days after the date on 
which the cost accounting systems described in section 334 
of the Customs and Border Security Act of 2002 (as amend-
ed by section 102 of this Act) are fully implemented, the 
Comptroller General shall conduct a study on the extent to 
which the amount of each customs user fee imposed under 
section 13031(a) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(a)) approximates 
the cost of services provided by the Bureau of Customs and 
Border Protection of the Department of Homeland Security 
relating to the fee so imposed. The study shall include an 
analysis of the use of each such customs user fee by the Bu-
reau of Customs and Border Protection. 
(b) REPORT.—Not later than one year after the date 
on which the cost accounting systems described in section 
334 of the Customs and Border Security Act of 2002 are
fully implemented, the Comptroller General shall submit to 
the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate 
a report in classified form containing— 
(1) the results of the study conducted under sub-
section (a); and 
(2) recommendations for the appropriate amount 
of the customs user fees if such results indicate that 
the fees are not commensurate with the level of serv-
ices provided by the Bureau of Customs and Border 
Protection. 
SEC. 104. REPORT RELATING TO ONE FACE AT THE BORDER 
INITIATIVE. 
Not later than September 30 of each of the calendar 
years 2005 and 2006, the Commissioner of Customs shall 
prepare and submit to Congress a report— 
(1) analyzing the effectiveness of the One Face at 
the Border Initiative at enhancing security and fa-
cilitating trade; 
(2) providing a breakdown of the number of per-
sonnel of the Bureau of Customs and Border Protec-
tion that were personnel of the United States Customs 
Service prior to the establishment of the Department 
of Homeland Security, that were personnel of the Im-
migration and Naturalization Service prior to the es-
tablishment of the Department of Homeland Security, 
and that were hired after the establishment of the De-
partment of Homeland Security; 
(3) describing the training time provided to each 
employee on an annual basis for the various training 
components of the One Face at the Border Initiative; 
and 
(4) outlining the steps taken by the Bureau of 
Customs and Border Protection to ensure that exper-
tise is retained with respect to customs, immigration, 
and agriculture inspection functions under the One 
Face at the Border Initiative. 
Subtitle B—Technical Amendments 
Relating to Entry and Protest 
SEC. 111. ENTRY OF MERCHANDISE. 
(a) IN GENERAL.—Subsection (a) of section 484 of the 
Tariff Act of 1930 (19 U.S.C. 1484) is amended— 
(1) in paragraph (1)(B), by inserting after 
‘‘entry’’ the following: ‘‘, or substitute 1 or more 
reconfigured entries on an import activity summary 
statement,’’; and 
(2) in paragraph (2)(A)— 
(A) in the second sentence, by inserting 
after ‘‘statements,’’ the following: ‘‘and permit 
the filing of reconfigured entries,’’; and
(B) by adding at the end the following: 
‘‘Entries filed under paragraph (1)(A) shall not 
be liquidated if covered by an import activity 
summary statement, but instead each reconfig-
ured entry in the import activity summary 
statement shall be subject to liquidation or re-
liquidation pursuant to section 500, 501, or 
504.’’. 
(b) RECONCILIATION.—Subsection (b)(1) of such sec-
tion is amended in the fourth sentence by striking ‘‘15 
months’’ and inserting ‘‘21 months’’. 
SEC. 112. LIMITATION ON LIQUIDATIONS. 
Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘or’’ at the end of para-
graph (3); 
(B) in paragraph (4), by striking ‘‘filed;’’ 
and inserting ‘‘filed, whichever is earlier; or’’; 
and 
(C) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) if a reconfigured entry is filed under an im-
port activity summary statement, the date the import
activity summary statement is filed or should have 
been filed, whichever is earlier;’’; and 
(2) by striking ‘‘at the time of entry’’ each place 
it appears. 
SEC. 113. PROTESTS. 
Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) 
is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘(relating to refunds and errors) of 
this Act’’ and inserting ‘‘(relating to refunds), 
any clerical error, mistake of fact, or other inad-
vertence, whether or not resulting from or con-
tained in an electronic transmission, adverse to 
the importer, in any entry, liquidation, or re-
liquidation, and’’; 
(B) in paragraph (5), by inserting ‘‘, in-
cluding the liquidation of an entry, pursuant to 
either section 500 or section 504’’ after ‘‘thereof’’; 
and 
(C) in paragraph (7), by striking ‘‘(c) or’’; 
and 
(2) in subsection (c)— 
(A) in paragraph (1), in the sixth sentence, 
by striking ‘‘A protest may be amended,’’ and
inserting ‘‘Unless a request for accelerated dis-
position is filed under section 515(b), a protest 
may be amended,’’; and 
(B) in paragraph (3)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘ninety days’’ and 
inserting ‘‘180 days’’; 
(ii) in subparagraph (A), by striking 
‘‘notice of’’ and inserting ‘‘date of’’; and 
(iii) in the second sentence, by striking 
‘‘90 days’’ and inserting ‘‘180 days’’. 
SEC. 114. REVIEW OF PROTESTS. 
Section 515(b) of the Tariff Act of 1930 (19 U.S.C. 
1515(b)) is amended in the first sentence by striking ‘‘after 
ninety days’’ and inserting ‘‘concurrent with or’’. 
SEC. 115. REFUNDS AND ERRORS. 
Section 520(c) of the Tariff Act of 1930 (19 U.S.C. 
1520(c)) is repealed. 
SEC. 116. DEFINITIONS AND MISCELLANEOUS PROVISIONS. 
Section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) 
is amended by adding at the end the following: 
‘‘(t) RECONFIGURED ENTRY.—The term ‘reconfigured 
entry’ means an entry filed on an import activity summary 
statement which substitutes for all or part of 1 or more en-
tries filed under section 484(a)(1)(A) or filed on a reconcili-
ation entry that aggregates the entry elements to be rec-
onciled under section 484(b) for purposes of liquidation, re-
liquidation, or protest.’’. 
SEC. 117. VOLUNTARY RELIQUIDATIONS. 
Section 501 of the Tariff Act of 1930 (19 U.S.C. 1501) 
is amended in the first sentence by inserting ‘‘or 504’’ after 
‘‘section 500’’. 
SEC. 118. EFFECTIVE DATE. 
The amendments made by this subtitle shall apply to 
merchandise entered, or withdrawn from warehouse for con-
sumption, on or after the 15th day after the date of the 
enactment of this Act. 
Subtitle C—Miscellaneous 
Provisions 
SEC. 121. DESIGNATION OF SAN ANTONIO INTERNATIONAL 
AIRPORT FOR CUSTOMS PROCESSING OF 
CERTAIN PRIVATE AIRCRAFT ARRIVING IN 
THE UNITED STATES. 
(a) IN GENERAL.—Section 1453(a) of the Tariff Sus-
pension and Trade Act of 2000 is amended by striking ‘‘2- 
year period’’ and inserting ‘‘6-year period’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be effective as of November 9, 2002.
SEC. 122. AUTHORITY FOR THE ESTABLISHMENT OF INTE-
GRATED BORDER INSPECTION AREAS AT THE 
UNITED STATES-CANADA BORDER. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The increased security and safety concerns 
that developed in the aftermath of the terrorist attacks 
in the United States on September 11, 2001, need to 
be addressed. 
(2) One concern that has come to light is the vul-
nerability of the international bridges and tunnels 
along the United States borders. 
(3) It is necessary to ensure that potentially 
dangerous vehicles are inspected prior to crossing 
these bridges and tunnels; however, currently these ve-
hicles are not inspected until after they have crossed 
into the United States. 
(4) Establishing Integrated Border Inspection 
Areas (IBIAs) would address these concerns by in-
specting vehicles before they gained access to the in-
frastructure of international bridges and tunnels join-
ing the United States and Canada. 
(b) CREATION OF INTEGRATED BORDER INSPECTION 
AREAS.— 
(1) IN GENERAL.—The Commissioner of the Cus-
toms Service, in consultation with the Canadian Cus-
toms and Revenue Agency (CCRA), shall seek to es-
tablish Integrated Border Inspection Areas (IBIAs), 
such as areas on either side of the United States-Can-
ada border, in which United States Customs officers 
can inspect vehicles entering the United States from 
Canada before they enter the United States, or Cana-
dian Customs officers can inspect vehicles entering 
Canada from the United States before they enter Can-
ada. Such inspections may include, where appro-
priate, employment of reverse inspection techniques. 
(2) ADDITIONAL REQUIREMENT.—The Commis-
sioner of Customs, in consultation with the Adminis-
trator of the General Services Administration when 
appropriate, shall seek to carry out paragraph (1) in 
a manner that minimizes adverse impacts on the sur-
rounding community. 
(3) ELEMENTS OF THE PROGRAM.—Using the 
authority granted by this section and under section 
629 of the Tariff Act of 1930, the Commissioner of 
Customs, in consultation with the Canadian Customs 
and Revenue Agency, shall seek to— 
(A) locate Integrated Border Inspection 
Areas in areas with bridges or tunnels with high 
traffic volume, significant commercial activity, 
and that have experienced backups and delays 
since September 11, 2001;
(B) ensure that United States Customs offi-
cers stationed in any such IBIA on the Cana-
dian side of the border are vested with the max-
imum authority to carry out their duties and en-
force United States law; 
(C) ensure that United States Customs offi-
cers stationed in any such IBIA on the Cana-
dian side of the border shall possess the same im-
munity that they would possess if they were sta-
tioned in the United States; and 
(D) encourage appropriate officials of the 
United States to enter into an agreement with 
Canada permitting Canadian Customs officers 
stationed in any such IBIA on the United States 
side of the border to enjoy such immunities as 
permitted in Canada. 
SEC. 123. DESIGNATION OF FOREIGN LAW ENFORCEMENT 
OFFICERS. 
(a) MISCELLANEOUS PROVISIONS.—Section 401(i) of 
the Tariff Act of 1930 (19 U.S.C. 1401(i)) is amended by 
inserting ‘‘, including foreign law enforcement officers,’’ 
after ‘‘or other person’’. 
(b) INSPECTIONS AND PRECLEARANCE IN FOREIGN 
COUNTRIES.—Section 629 of the Tariff Act of 1930 (19 
U.S.C. 1629) is amended—
(1) in subsection (a), by inserting ‘‘, or subse-
quent to their exit from,’’ after ‘‘prior to their arrival 
in’’; 
(2) in subsection (c)— 
(A) by inserting ‘‘or exportation’’ after ‘‘re-
lating to the importation’’; and 
(B) by inserting ‘‘or exit’’ after ‘‘port of 
entry’’; 
(3) by amending subsection (e) to read as fol-
lows: 
‘‘(e) STATIONING OF FOREIGN CUSTOMS AND AGRI-
CULTURE
INSPECTION
OFFICERS
IN
THE
UNITED 
STATES.—The Secretary of State, in coordination with the 
Secretary and the Secretary of Agriculture, may enter into 
agreements with any foreign country authorizing the sta-
tioning in the United States of customs and agriculture in-
spection officials of that country (if similar privileges are 
extended by that country to United States officials) for the 
purpose of insuring that persons and merchandise going di-
rectly to that country from the United States, or that have 
gone directly from that country to the United States, com-
ply with the customs and other laws of that country gov-
erning the importation or exportation of merchandise. Any 
foreign customs or agriculture inspection official stationed 
in the United States under this subsection may exercise
such functions, perform such duties, and enjoy such privi-
leges and immunities as United States officials may be au-
thorized to perform or are afforded in that foreign country 
by treaty, agreement, or law.’’; and 
(4) by adding at the end the following: 
‘‘(g) PRIVILEGES AND IMMUNITIES.—Any person des-
ignated to perform the duties of an officer of the Customs 
Service pursuant to section 401(i) of this Act shall be enti-
tled to the same privileges and immunities as an officer 
of the Customs Service with respect to any actions taken 
by the designated person in the performance of such du-
ties.’’. 
(c) CONFORMING AMENDMENT.—Section 127 of the 
Treasury Department Appropriations Act, 2003, is hereby 
repealed. 
(d) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, take effect on the date of the 
enactment of this Act. 
SEC. 124. CUSTOMS SERVICES. 
Section 13031(e)(1) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is 
amended— 
(1) by striking ‘‘(1) Notwithstanding section 451 
of the Tariff Act of 1930 (19 U.S.C. 1451) or any
other provision of law (other than paragraph (2)),’’ 
and inserting: 
‘‘(1) IN GENERAL.— 
‘‘(A) 
SCHEDULED
FLIGHTS.—Notwith-
standing section 451 of the Tariff Act of 1930 
(19 U.S.C. 1451) or any other provision of law 
(other than subparagraph (B) and paragraph 
(2)),’’; and 
(2) by adding at the end the following: 
‘‘(B) CHARTER FLIGHTS.—If a charter air 
carrier (as defined in section 40102(13) of title 
49, United States Code) specifically requests that 
customs border patrol services for passengers and 
their baggage be provided for a charter flight ar-
riving after normal operating hours at a customs 
border patrol serviced airport and overtime 
funds for those services are not available, the ap-
propriate customs border patrol officer may as-
sign sufficient customs employees (if available) 
to perform any such services, which could law-
fully be performed during regular hours of oper-
ation, and any overtime fees incurred in connec-
tion with such service shall be paid by the char-
ter air carrier.’’.