[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4418 Engrossed in House (EH)]


  2d Session

                               H. R. 4418

_______________________________________________________________________

                                 AN ACT

  To authorize appropriations for fiscal years 2005 and 2006 for the 
 Bureau of Customs and Border Protection and the Bureau of Immigration 
and Customs Enforcement of the Department of Homeland Security, for the 
Office of the United States Trade Representative, for the United States 
        International Trade Commission, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                H. R. 4418

_______________________________________________________________________

                                 AN ACT


 
  To authorize appropriations for fiscal years 2005 and 2006 for the 
 Bureau of Customs and Border Protection and the Bureau of Immigration 
and Customs Enforcement of the Department of Homeland Security, for the 
Office of the United States Trade Representative, for the United States 
        International Trade Commission, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Authorization 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 
                            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.

    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.

    (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 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 paragraph (2); and
            (4) in paragraph (2) (as redesignated)--
                    (A) by inserting ``and the Assistant Secretary for 
                United States Immigration and Customs Enforcement, 
                respectively,'' after ``Commissioner of Customs''; and
                    (B) by striking ``Customs Service'' and inserting 
                ``Bureau of Customs and Border Protection 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 protection.--
                    ``(A) There are authorized to be appropriated for 
                the salaries and expenses of the Bureau 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 appropriated 
                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 
                incurred in connection with the processing of 
                merchandise that is exempt from the fees imposed 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 revenue 
                function' means the following:
                            ``(I) Assessing and collecting customs 
                        duties (including antidumping and 
                        countervailing duties and duties imposed under 
                        safeguard provisions), excise taxes, fees, and 
                        penalties due on imported merchandise, 
                        including classifying and valuing merchandise 
                        for the purposes of such assessment.
                            ``(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.
                            ``(IV) Enforcing section 337 of the Tariff 
                        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 statistics.
                            ``(VI) Enforcing reciprocal trade 
                        agreements.
                            ``(VII) Functions performed by the 
                        following 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, Customs 
                        Auditors, International Trade Specialists, and 
                        Financial System Specialists.
                            ``(VIII) Functions performed by the 
                        following offices, with respect to any function 
                        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 Development.
            ``(2) Bureau of immigration and customs enforcement.--There 
        are authorized to be appropriated 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; Customs and Border 
Protection.--
            ``(1) In general.--Not later than September 30, 2005, the 
        Commissioner of Customs shall, in accordance with the audit of 
        the Customs Service's fiscal 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 commercial and 
                noncommercial operations of the Bureau of Customs and 
                Border Protection of the Department of Homeland 
                Security, which system should specifically identify and 
                distinguish expenses incurred in commercial operations 
                and expenses incurred in noncommercial operations; and
                    ``(B) for expenses incurred both in administering 
                and enforcing the customs laws of the United States and 
                the Federal immigration laws, which system should 
                specifically identify and distinguish expenses incurred 
                in administering and enforcing the customs laws of the 
                United States and the expenses incurred in 
                administering and enforcing the Federal immigration 
                laws.
            ``(2) Additional requirement.--The cost accounting system 
        described in paragraph (1) shall provide 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 provide for an 
        accurate and complete accounting of expenses.
    ``(b) Establishment and Implementation; Immigration and Customs 
Enforcement.--
            ``(1) In general.--Not later than September 30, 2005, the 
        Assistant Secretary for United States Immigration and Customs 
        Enforcement shall, in accordance with the audit of the Customs 
        Service's fiscal 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 commercial and 
                noncommercial operations of the Bureau of Immigration 
                and Customs Enforcement of the Department of Homeland 
                Security, which system should specifically identify and 
                distinguish expenses incurred in commercial operations 
                and expenses incurred in noncommercial operations;
                    ``(B) for expenses incurred both in administering 
                and enforcing the customs laws of the United States and 
                the Federal immigration laws, which system should 
                specifically identify and distinguish expenses incurred 
                in administering and enforcing the customs laws of the 
                United States and the expenses incurred in 
                administering and enforcing the Federal immigration 
                laws.
            ``(2) Additional requirement.--The cost accounting 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 
        Immigration and Customs Enforcement, and an identification 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 and Trade Agencies Authorization Act of 2004 and 
        ending on the date on which the cost accounting systems 
        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 
        prepare and submit to Congress 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 implemented, the Commissioner of Customs and 
        the Assistant 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 additional steps that should be taken to improve 
        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 
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 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 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 
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 indicate that the fees are 
        not commensurate with the level of services 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 facilitating trade;
            (2) providing a breakdown of the number of personnel of the 
        Bureau of Customs and Border Protection that were personnel of 
        the United States Customs Service prior to the establishment of 
        the Department of Homeland Security, that were personnel of the 
        Immigration and Naturalization Service prior to the 
        establishment of the Department of Homeland Security, and that 
        were hired after the establishment of the Department 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 expertise 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 reconfigured entry in the import activity 
                summary statement shall be subject to liquidation or 
                reliquidation pursuant to section 500, 501, or 504.''.
    (b) Reconciliation.--Subsection (b)(1) of such section 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 paragraph (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 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 inadvertence, 
                whether or not resulting from or contained in an 
                electronic transmission, adverse to the importer, in 
                any entry, liquidation, or reliquidation, and'';
                    (B) in paragraph (5), by inserting ``, including 
                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 disposition is filed under section 
515(b), a protest may be amended,''; and
                    (B) in paragraph (3)--
                            (i) in the matter preceding subparagraph 
                        (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 entries filed under section 484(a)(1)(A) 
or filed on a reconciliation entry that aggregates the entry elements 
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 Suspension 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 INTEGRATED 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 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 inspecting vehicles before they 
        gained access to the infrastructure 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 Customs officers 
        can inspect vehicles entering the United States from Canada 
        before they enter the United States, or Canadian Customs 
        officers can inspect vehicles entering Canada from the United 
        States before they enter Canada. Such inspections may include, 
        where appropriate, employment of reverse inspection techniques.
            (2) Additional requirement.--The Commissioner of Customs, 
        in consultation with the Administrator 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 activity, and that have 
                experienced backups and delays since September 11, 
                2001;
                    (B) ensure that United States Customs officers 
                stationed in any such IBIA on the Canadian side of the 
                border are vested with the maximum authority to carry 
                out their duties and enforce United States law;
                    (C) ensure that United States Customs officers 
                stationed in any such IBIA on the Canadian 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 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 subsequent to 
        their exit from,'' after ``prior to their arrival 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 follows:
    ``(e) Stationing of Foreign Customs and Agriculture 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 stationing 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 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 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 Customs 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 amendments 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.--Notwithstanding 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 arriving after normal 
                operating hours at a customs border patrol serviced 
                airport and overtime funds for those services are not 
                available, the appropriate customs border patrol 
                officer may assign sufficient customs employees (if 
                available) to perform any such services, which could 
                lawfully be performed during regular hours of 
                operation, and any overtime fees incurred in connection 
                with such service shall be paid by the charter air 
                carrier.''.

SEC. 125. SENSE OF CONGRESS ON INTERPRETATION OF TEXTILE AND APPAREL 
              PROVISIONS.

    It is the sense of Congress that the Bureau of Customs and Border 
Protection of the Department of Homeland Security should interpret, 
implement, and enforce the provisions of section 112 of the African 
Growth and Opportunity Act (19 U.S.C. 3721), section 204 of the Andean 
Trade Preference Act (19 U.S.C. 3203), and section 213 of the Caribbean 
Basin Economic Recovery Act (19 U.S.C. 2703), relating to preferential 
treatment of textile and apparel articles, broadly in order to expand 
trade by maximizing opportunities for imports of such articles from 
eligible beneficiary countries.

SEC. 126. TECHNICAL AMENDMENTS.

    (a) Tariff Act of 1930.--Section 505(a) of the Tariff Act of 1930 
is amended--
            (1) in the first sentence--
                    (A) by inserting ``referred to in this subsection'' 
                after ``periodic payment''; and
                    (B) by striking ``10 working days'' and inserting 
                ``12 working days''; and
            (2) in the second sentence, by striking ``a participating'' 
        and all that follows through the end of the sentence and 
        inserting the following: ``the Secretary shall promulgate 
        regulations, after testing the module, permitting a 
        participating importer of record to deposit estimated duties 
        and fees for entries of merchandise, other than merchandise 
        entered for warehouse, transportation, or under bond, no later 
        than the 15 working days following the month in which the 
        merchandise is entered or released, whichever comes first.''.
    (b) Customs User Fees.--(1) Section 13031(b)(9)(A) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(b)(9)(A)) is amended by striking ``less than $2,000'' and inserting 
``$2,000 or less''.
    (2) Section 13031(b)(9)(A)(ii) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)(ii)) is amended to 
read as follows:
            ``(ii) Notwithstanding subsection (e)(6) and subject to the 
        provisions of subparagraph (B), in the case of an express 
        consignment carrier facility or centralized hub facility--
                    ``(I) $.66 per individual airway bill or bill of 
                lading; and
                    ``(II) if the merchandise is formally entered, the 
                fee provided for in subsection (a)(9), if 
                applicable.''.
    (3) Section 13031(b)(9)(B) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(B)) is amended--
            (A) by moving the margins for subparagraph (B) 4 ems to the 
        left; and
            (B) in clause (ii), by striking ``subparagraph (A)(ii)'' 
        and inserting ``subparagraph (A)(ii) (I) or (II)''.
    (4) Section 13031(f)(1)(B) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(1)(B)) is amended by 
moving the subparagraph 2 ems to the left.

       TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--
            (1) In general.--Section 141(g)(1)(A) of the Trade Act of 
        1974 (19 U.S.C. 2171(g)(1)(A)) is amended by striking clauses 
        (i) and (ii) and inserting the following:
            ``(i) $39,552,000 for fiscal year 2005.
            ``(ii) $39,552,000 for fiscal year 2006.''.
            (2) Rule of construction.--The amendment made by paragraph 
        (1) shall not be construed to affect the availability of funds 
        appropriated pursuant to section 141(g)(1)(A) of the Trade Act 
        of 1974 before the date of the enactment of this Act.
    (b) Authorization of Appropriations for the Office of the General 
Counsel and the Office of Monitoring and Enforcement.--There are 
authorized to be appropriated to the Office of the United States Trade 
Representative for the appointment of additional staff in the Office of 
the General Counsel and the Office of Monitoring and Enforcement--
            (1) $2,000,000 for fiscal year 2005; and
            (2) $2,000,000 for fiscal year 2006.

        TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Section 330(e)(2)(A) of the 
Tariff Act of 1930 (19 U.S.C. 1330(e)(2)(A)) is amended by striking 
clauses (i) and (ii) and inserting the following:
            ``(i) $61,700,000 for fiscal year 2005.
            ``(ii) $65,278,000 for fiscal year 2006.''.
    (b) Rule of Construction.--The amendment made by subsection (a) 
shall not be construed to affect the availability of funds appropriated 
pursuant to section 330(e)(2)(A) of the Tariff Act of 1930 before the 
date of the enactment of this Act.

            Passed the House of Representatives July 14, 2004.

            Attest:

                                                                 Clerk.