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 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 
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 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; re-
ports. 
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 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 au-
thorized to be appropriated 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 ‘‘Com-
missioner of Customs’’; and 
(B) by striking ‘‘Customs Service’’ and in-
serting ‘‘Bureau of Customs and Border Pro-
tection and the Bureau of Immigration and 
Customs 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) $6,199,000,000 for fiscal year 
2005. 
‘‘(ii) $6,465,557,000 for fiscal year 
2006. 
‘‘(B)(i) The monies authorized to be ap-
propriated under subparagraph (A) with respect 
to customs revenue functions for any fiscal 
year, except for such sums as may be necessary 
for the salaries and expenses of the Bureau of 
Customs and Border Protection that are in-
curred in connection with the processing of 
merchandise that is exempt from the fees im-
posed under paragraphs (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 merchan-
dise, including classifying and valuing mer-
chandise for the purposes of such assess-
ment. 
‘‘(II) Processing and denial of entry 
of persons, baggage, cargo, and mail, with 
respect to the assessment and collection of 
import duties. 
‘‘(III) Detecting and apprehending 
persons engaged in fraudulent practices 
designed to circumvent the customs laws of 
the United States.
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 
Customs 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 Develop-
ment. 
‘‘(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 ex-
ceed 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 fol-
lows:
‘‘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 ac-
cordance with the audit of the Customs Service’s fis-
cal years 2000 and 1999 financial statements (as 
contained 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 com-
mercial and noncommercial operations of the 
Bureau of Customs and Border Protection 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; 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 
provide for an identification of expenses based on 
the type of operation, the port at which the oper-
ation took place, the amount of time spent on the 
operation by personnel of the Bureau of Customs 
and Border Protection, and an identification of ex-
penses based on any other appropriate classification 
necessary to provide for an accurate and complete 
accounting of expenses. 
‘‘(b) ESTABLISHMENT AND IMPLEMENTATION; IMMI-
GRATION AND CUSTOMS ENFORCEMENT.—
‘‘(1) IN GENERAL.—Not later than September 
30, 2005, the Assistant Secretary for United States 
Immigration and Customs Enforcement shall, in ac-
cordance with the audit of the Customs Service’s fis-
cal years 2000 and 1999 financial statements (as 
contained 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 com-
mercial and noncommercial operations of the 
Bureau of Immigration and Customs Enforce-
ment of the Department of Homeland Security, 
which system should specifically identify and 
distinguish expenses incurred in commercial op-
erations and expenses incurred in noncommer-
cial 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 
provide for an identification of expenses based on 
the type of operation, the amount of time spent on 
the operation by personnel of the Bureau of Immi-
gration and Customs Enforcement, and an identi-
fication of expenses based on any other appropriate
classification necessary to provide for an accurate 
and complete accounting of expenses. 
‘‘(c) REPORTS.—
‘‘(1) DEVELOPMENT OF THE COST ACCOUNTING 
SYSTEMS.—Beginning on the date of the enactment 
of the Customs Border Security Act of 2004 and 
ending on the date on which the cost accounting sys-
tems described in subsections (a) and (b) are fully 
implemented, the Commissioner of Customs and the 
Assistant Secretary for United States Immigration 
and Customs Enforcement, respectively, shall pre-
pare and submit to Congress on a quarterly basis a 
report on the progress of implementing the cost ac-
counting 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 As-
sistant 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 Gen-
eral of the Department of Homeland Security shall 
prepare and submit to Congress a report analyzing 
the level of compliance with this section and detail-
ing any additional steps that should be taken to im-
prove compliance 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 
amended by section 102 of this Act) are fully imple-
mented, 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 Om-
nibus Budget Reconciliation 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 Depart-
ment 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 Bureau 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 
Representatives and the Committee on Finance of the 
Senate a report in classified form containing—
(1) the results of the study conducted under 
subsection (a); and 
(2) 
recommendations 
for 
the 
appropriate 
amount of the customs user fees if such results indi-
cate that the fees are not commensurate with the 
level of services provided by the Bureau of Customs 
and Border Protection. 
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 
following: 
‘‘(5) if a reconfigured entry is filed under an 
import activity summary statement, the date the im-
port 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 in-
advertence, whether or not resulting from or 
contained 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 ‘‘there-
of’’; 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,’’; 
(B) in paragraph (3)(A), by striking ‘‘no-
tice of’’ and inserting ‘‘date of’’; and 
(C) 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 strik-
ing ‘‘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 ‘reconfig-
ured entry’ means an entry filed on an import activity
summary statement which substitutes for all or part of 
1 or more entries filed under section 484(a)(1)(A) or filed 
on a reconciliation entry that aggregates the entry ele-
ments to be reconciled under section 484(b) for purposes 
of liquidation, reliquidation, 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 
consumption, 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 
subsection (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 find-
ings: 
(1) The increased security and safety concerns 
that developed in the aftermath of the terrorist at-
tacks in the United States on September 11, 2001, 
need to be addressed. 
(2) One concern that has come to light is the 
vulnerability 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 
vehicles 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 
joining the United States and Canada. 
(b) CREATION OF INTEGRATED BORDER INSPECTION 
AREAS.—
(1) IN
GENERAL.—The Commissioner of the 
Customs Service, in consultation with the Canadian
Customs and Revenue Agency (CCRA), shall seek to 
establish 
Integrated 
Border 
Inspection 
Areas 
(IBIAs), such as areas on either side of the United 
States-Canada border, in which United States Cus-
toms officers can inspect vehicles entering the 
United States from Canada before they enter the 
United States, or Canadian Customs officers can in-
spect vehicles entering Canada from the United 
States before they enter Canada. Such inspections 
may include, where appropriate, employment of re-
verse 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 
surrounding 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 ac-
tivity, and that have experienced backups and 
delays since September 11, 2001; 
(B) ensure that United States Customs of-
ficers 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 
enforce United States law; 
(C) ensure that United States Customs of-
ficers stationed in any such IBIA on the Cana-
dian side of the border shall possess the same 
immunity that they would possess if they were 
stationed 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 immuni-
ties 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 offi-
cers,’’ 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 ar-
rival in’’; 
(2) in subsection (c)—
(A) by inserting ‘‘or exportation’’ after 
‘‘relating 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 
inspection 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 directly to that country from the United States, or 
that have gone directly from that country to the United 
States, comply with the customs and other laws of that
country governing the importation or exportation of mer-
chandise. Any foreign customs or agriculture inspection 
official stationed in the United States under this sub-
section may exercise such functions, perform such duties, 
and enjoy such privileges and immunities as United States 
officials may be authorized 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 
designated to perform the duties of an officer of the Cus-
toms Service pursuant to section 401(i) of this Act shall 
be entitled 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 
duties.’’. 
(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 pas-
sengers and their baggage be provided for a 
charter flight arriving after normal operating 
hours at a customs border patrol serviced air-
port and overtime funds for those services are 
not available, the appropriate customs border 
patrol officer may assign sufficient customs em-
ployees (if available) to perform any such serv-
ices, which could lawfully be performed during 
regular hours of operation, and any overtime