Home > 105th Congressional Bills > H.R. 4419 (ih) To amend the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to permit physicians to prescribe non- formulary drugs when medically indicated. ...

H.R. 4419 (ih) To amend the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to permit physicians to prescribe non- formulary drugs when medically indicated. ...


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108th CONGRESS
  2d Session
                                H. R. 4418

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

   Mr. Crane (for himself, Mr. Rangel, Mr. Shaw, Mr. Levin, and Mr. 
   Ramstad) introduced the following bill; which was referred to the 
 Committee on Ways and Means, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


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

    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 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.
     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) $6,199,000,000 for fiscal year 2005.
                            ``(ii) $6,465,557,000 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 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 

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