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108th CONGRESS
2d Session
H. R. 4418
[Report No. 108-598, Part I]
To authorize appropriations for fiscal years 2005 and 2006 for the
Bureau of Customs and Border Protection and the Bureau of Immigration
and Customs Enforcement of the Department of Homeland Security, for the
Office of the United States Trade Representative, for the United States
International Trade Commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2004
Mr. Crane (for himself, Mr. Rangel, Mr. Shaw, Mr. Levin, and Mr.
Ramstad) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
July 13, 2004
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
July 13, 2004
Referral to the Committee on the Judiciary extended for a period ending
not later than July 13, 2004
July 13, 2004
The Committee on the Judiciary discharged; committed to the Committee
of the Whole House on the State of the Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 20,
2004]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 2005 and 2006 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
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