[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4418 Referred in Senate (RFS)]
2d Session
H. R. 4418
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2004
Received; read twice and referred to the Committee on Finance
_______________________________________________________________________
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:
JEFF TRANDAHL,
Clerk.