H.R. 3129 (107th): Customs Border Security Act of 2002

107th Congress, 2001–2002. Text as of Oct 16, 2001 (Introduced).

Status & Summary | PDF | Source: GPO

HR 3129 IH

107th CONGRESS

1st Session

H. R. 3129

To authorize appropriations for fiscal years 2002 and 2003 for the United States Customs Service for antiterrorism, drug interdiction, and other operations, 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

October 16, 2001

Mr. CRANE introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To authorize appropriations for fiscal years 2002 and 2003 for the United States Customs Service for antiterrorism, drug interdiction, and other operations, 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.

    This Act may be cited as the ‘Customs Border Security Act of 2001’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--UNITED STATES CUSTOMS SERVICE

Subtitle A--Drug Enforcement and Other Noncommercial and Commercial Operations

      Sec. 101. Authorization of appropriations for noncommercial operations, commercial operations, and air and marine interdiction.

      Sec. 102. Antiterrorist and illicit narcotics detection equipment for the United States-Mexico border, United States-Canada border, and Florida and the Gulf Coast seaports.

      Sec. 103. Compliance with performance plan requirements.

Subtitle B--Child Cyber-Smuggling Center of the Customs Service

      Sec. 111. Authorization of appropriations for program to prevent child pornography/child sexual exploitation.

Subtitle C--Personnel Provisions

Chapter 1--Overtime And Premium Pay of Officers of the Customs Service

      Sec. 121. Correction relating to fiscal year cap.

      Sec. 122. Correction relating to overtime pay.

      Sec. 123. Correction relating to premium pay.

      Sec. 124. Effective date.

Chapter 2--Miscellaneous Provisions

      Sec. 131. Study and report relating to personnel practices of the Customs Service.

      Sec. 132. Study and report relating to accounting and auditing procedures of the Customs Service.

      Sec. 133. Establishment and implementation of cost accounting system; reports.

      Sec. 134. Requirement relating to timeliness of prospective rulings.

      Sec. 135. Study and report relating to Customs user fees.

Subtitle D--Antiterrorism Provisions

      Sec. 141. Immunity for United States officials that act in good faith.

      Sec. 142. Emergency adjustments to offices, ports of entry, or staffing of the Customs Service.

      Sec. 143. Mandatory advanced electronic information for cargo and passengers.

      Sec. 144. Border search authority for certain contraband in outbound mail.

      Sec. 145. Authorization of appropriations for reestablishment of Customs operations in New York City.

Subtitle E--Textile Transshipment Provisions

      Sec. 151. GAO audit of textile transshipment monitoring by Customs Service.

      Sec. 152. Authorization of appropriations for textile transshipment enforcement operations.

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 IV--OTHER TRADE PROVISIONS

      Sec. 401. Increase in aggregate value of articles exempt from duty acquired abroad by United States residents.

      Sec. 402. Regulatory audit procedures.

TITLE I--UNITED STATES CUSTOMS SERVICE

Subtitle A--Drug Enforcement and Other Noncommercial and Commercial Operations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL OPERATIONS, COMMERCIAL OPERATIONS, AND AIR AND MARINE INTERDICTION.

    (a) NONCOMMERCIAL OPERATIONS- Section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) is amended--

      (1) in subparagraph (A) to read as follows:

        ‘(A) $1,006,501,000 for fiscal year 2002.’; and

      (2) in subparagraph (B) to read as follows:

        ‘(B) $1,032,567,000 for fiscal year 2003.’.

    (b) COMMERCIAL OPERATIONS-

      (1) IN GENERAL- Section 301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)) is amended--

        (A) in clause (i) to read as follows:

        ‘(i) $1,378,725,000 for fiscal year 2002.’; and

        (B) in clause (ii) to read as follows:

        ‘(ii) $1,414,432,000 for fiscal year 2003.’.

      (2) AUTOMATED COMMERCIAL ENVIRONMENT COMPUTER SYSTEM- Of the amount made available for each of fiscal years 2002 and 2003 under section 301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as amended by paragraph (1), $308,000,000 shall be available until expended for each such fiscal year for the development, establishment, and implementation of the Automated Commercial Environment computer system.

      (3) REPORTS- Not later than 90 days after the date of the enactment of this Act, and not later than each subsequent 90-day period, the Commissioner of Customs shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report demonstrating that the development and establishment of the Automated Commercial Environment computer system is being carried out in a cost-effective manner and meets the modernization requirements of title VI of the North American Free Trade Agreements Implementation Act.

    (c) AIR AND MARINE INTERDICTION- Section 301(b)(3) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) is amended--

      (1) in subparagraph (A) to read as follows:

        ‘(A) $183,853,000 for fiscal year 2002.’; and

      (2) in subparagraph (B) to read as follows:

        ‘(B) $188,615,000 for fiscal year 2003.’.

    (d) SUBMISSION OF OUT-YEAR BUDGET PROJECTIONS- Section 301(a) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the following:

    ‘(3) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the operations of the Customs Service as provided for in subsection (b).’.

SEC. 102. ANTITERRORIST AND ILLICIT NARCOTICS DETECTION EQUIPMENT FOR THE UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA BORDER, AND FLORIDA AND THE GULF COAST SEAPORTS.

    (a) FISCAL YEAR 2002- Of the amounts made available for fiscal year 2002 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a) of this Act, $90,244,000 shall be available until expended for acquisition and other expenses associated with implementation and deployment of antiterrorist and illicit narcotics detection equipment along the United States-Mexico border, the United States-Canada border, and Florida and the Gulf Coast seaports, as follows:

      (1) UNITED STATES-MEXICO BORDER- For the United States-Mexico border, the following:

        (A) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS).

        (B) $11,200,000 for 5 mobile truck x-rays with transmission and backscatter imaging.

        (C) $13,000,000 for the upgrade of 8 fixed-site truck x-rays from the present energy level of 450,000 electron volts to 1,000,000 electron volts (1-MeV).

        (D) $7,200,000 for 8 1-MeV pallet x-rays.

        (E) $1,000,000 for 200 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate.

        (F) $600,000 for 50 contraband detection kits to be distributed among all southwest border ports based on traffic volume.

        (G) $500,000 for 25 ultrasonic container inspection units to be distributed among all ports receiving liquid-filled cargo and to ports with a hazardous material inspection facility.

        (H) $2,450,000 for 7 automated targeting systems.

        (I) $360,000 for 30 rapid tire deflator systems to be distributed to those ports where port runners are a threat.

        (J) $480,000 for 20 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed.

        (K) $1,000,000 for 20 remote watch surveillance camera systems at ports where there are suspicious activities at loading docks, vehicle queues, secondary inspection lanes, or areas where visual surveillance or observation is obscured.

        (L) $1,254,000 for 57 weigh-in-motion sensors to be distributed among the ports with the greatest volume of outbound traffic.

        (M) $180,000 for 36 AM traffic information radio stations, with 1 station to be located at each border crossing.

        (N) $1,040,000 for 260 inbound vehicle counters to be installed at every inbound vehicle lane.

        (O) $950,000 for 38 spotter camera systems to counter the surveillance of customs inspection activities by persons outside the boundaries of ports where such surveillance activities are occurring.

        (P) $390,000 for 60 inbound commercial truck transponders to be distributed to all ports of entry.

        (Q) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to each border crossing.

        (R) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles.

      (2) UNITED STATES-CANADA BORDER- For the United States-Canada border, the following:

        (A) $3,000,000 for 4 Vehicle and Container Inspection Systems (VACIS).

        (B) $8,800,000 for 4 mobile truck x-rays with transmission and backscatter imaging.

        (C) $3,600,000 for 4 1-MeV pallet x-rays.

        (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate.

        (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume.

        (F) $240,000 for 10 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed.

        (G) $400,000 for 10 narcotics vapor and particle detectors to be distributed to each border crossing based on traffic volume.

      (3) FLORIDA AND GULF COAST SEAPORTS- For Florida and the Gulf Coast seaports, the following:

        (A) $4,500,000 for 6 Vehicle and Container Inspection Systems (VACIS).

        (B) $11,800,000 for 5 mobile truck x-rays with transmission and backscatter imaging.

        (C) $7,200,000 for 8 1-MeV pallet x-rays.

        (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate.

        (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume.

    (b) FISCAL YEAR 2003- Of the amounts made available for fiscal year 2003 under section 301(b)(1)(B) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section 101(a) of this Act, $9,000,000 shall be available until expended for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (a).

    (c) ACQUISITION OF TECHNOLOGICALLY SUPERIOR EQUIPMENT; TRANSFER OF FUNDS-

      (1) IN GENERAL- The Commissioner of Customs may use amounts made available for fiscal year 2002 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a) of this Act, for the acquisition of equipment other than the equipment described in subsection (a) if such other equipment--

        (A)(i) is technologically superior to the equipment described in subsection (a); and

        (ii) will achieve at least the same results at a cost that is the same or less than the equipment described in subsection (a); or

        (B) can be obtained at a lower cost than the equipment described in subsection (a).

      (2) TRANSFER OF FUNDS- Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of--

        (A) the amount specified in any of subparagraphs (A) through (R) of subsection (a)(1) for equipment specified in any other of such subparagraphs (A) through (R);

        (B) the amount specified in any of subparagraphs (A) through (G) of subsection (a)(2) for equipment specified in any other of such subparagraphs (A) through (G); and

        (C) the amount specified in any of subparagraphs (A) through (E) of subsection (a)(3) for equipment specified in any other of such subparagraphs (A) through (E).

SEC. 103. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

    As part of the annual performance plan for each of the fiscal years 2002 and 2003 covering each program activity set forth in the budget of the United States Customs Service, as required under section 1115 of title 31, United States Code, the Commissioner of Customs shall establish performance goals, performance indicators, and comply with all other requirements contained in paragraphs (1) through (6) of subsection (a) of such section with respect to each of the activities to be carried out pursuant to sections 111 and 112 of this Act.

Subtitle B--Child Cyber-Smuggling Center of the Customs Service

SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD PORNOGRAPHY/CHILD SEXUAL EXPLOITATION.

    (a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Customs Service $10,000,000 for fiscal year 2002 to carry out the program to prevent child pornography/child sexual exploitation established by the Child Cyber-Smuggling Center of the Customs Service.

    (b) USE OF AMOUNTS FOR CHILD PORNOGRAPHY CYBER TIPLINE- Of the amount appropriated under subsection (a), the Customs Service shall provide 3.75 percent of such amount to the National Center for Missing and Exploited Children for the operation of the child pornography cyber tipline of the Center and for increased public awareness of the tipline.

Subtitle C--Personnel Provisions

CHAPTER 1--OVERTIME AND PREMIUM PAY OF OFFICERS OF THE CUSTOMS SERVICE

SEC. 121. CORRECTION RELATING TO FISCAL YEAR CAP.

    Section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) is amended to read as follows:

      ‘(1) FISCAL YEAR CAP- The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) that a customs officer may be paid in any fiscal year may not exceed $30,000, except that--

        ‘(A) the Commissioner of Customs or his or her designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service; and

        ‘(B) upon certification by the Commissioner of Customs to the Chairmen of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that the Customs Service has in operation a system that provides accurate and reliable data on a daily basis on overtime and premium pay that is being paid to customs officers, the Commissioner is authorized to pay any customs officer for one work assignment that would result in the overtime pay of that officer exceeding the $30,000 limitation imposed by this paragraph, in addition to any overtime pay that may be received pursuant to a waiver under subparagraph (A).’.

SEC. 122. CORRECTION RELATING TO OVERTIME PAY.

    Section 5(a)(1) of the Act of February 13, 1911 (19 U.S.C. 267(a)(1)), is amended by inserting after the first sentence the following new sentences: ‘Overtime pay provided under this subsection shall not be paid to any customs officer unless such officer actually performed work during the time corresponding to such overtime pay. The preceding sentence shall not apply with respect to the payment of an award or settlement to a customs officer who was unable to perform overtime work as a result of a personnel action in violation of section 5596 of title 5, United States Code, section 6(d) of the Fair Labor Standards Act of 1938, or title VII of the Civil Rights Act of 1964.’.

SEC. 123. CORRECTION RELATING TO PREMIUM PAY.

    (a) IN GENERAL- Section 5(b)(4) of the Act of February 13, 1911 (19 U.S.C. 267(b)(4)), is amended by adding after the first sentence the following new sentences: ‘Premium pay provided under this subsection shall not be paid to any customs officer unless such officer actually performed work during the time corresponding to such premium pay. The preceding sentence shall not apply with respect to the payment of an award or settlement to a customs officer who was unable to perform work during the time described in the preceding sentence as a result of a personnel action in violation of section 5596 of title 5, United States Code, section 6(d) of the Fair Labor Standards Act of 1938, or title VII of the Civil Rights Act of 1964.’.

    (b) CORRECTIONS RELATING TO NIGHT WORK DIFFERENTIAL PAY- Section 5(b)(1) of such Act (19 U.S.C. 267(b)(1)) is amended to read as follows:

      ‘(1) NIGHT WORK DIFFERENTIAL-

        ‘(A) 5 P.M. TO MIDNIGHT- (i) If any hours of regularly scheduled work of a customs officer occur during the hours of 5 p.m. and 12 a.m., the officer is entitled to pay for such hours of work (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 18 percent of that basic rate.

        ‘(ii) If the regularly scheduled work of a customs officer is 4 p.m. to 12:00 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 18 percent of that basic rate.

        ‘(B) MIDNIGHT TO 6 A.M- (i) If any hours of regularly scheduled work of a customs officer occur during the hours of 12 a.m. and 6 a.m., the officer is entitled to pay for such hours of work (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 25 percent of that basic rate.

        ‘(ii) If the regularly scheduled work of a customs officer is 12 a.m. to 8:00 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer’s hourly rate of basic pay plus premium pay amounting to 25 percent of that basic rate.’.

SEC. 124. EFFECTIVE DATE.

    This chapter, and the amendments made by this chapter, shall apply with respect to pay periods beginning on or after 15 days after the date of the enactment of this Act.

CHAPTER 2--MISCELLANEOUS PROVISIONS

SEC. 131. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE CUSTOMS SERVICE.

    (a) STUDY- The Commissioner of Customs shall conduct a study of current personnel practices of the Customs Service, including an overview of performance standards and the effect and impact of the collective bargaining process on drug interdiction efforts of the Customs Service and a comparison of duty rotation policies of the Customs Service and other Federal agencies that employ similarly-situated personnel.

    (b) REPORT- Not later than 120 days after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under subsection (a).

SEC. 132. STUDY AND REPORT RELATING TO ACCOUNTING AND AUDITING PROCEDURES OF THE CUSTOMS SERVICE.

    (a) STUDY- (1) The Commissioner of Customs shall conduct a study of actions by the Customs Service to ensure that appropriate training is being provided to Customs Service personnel who are responsible for financial auditing of importers.

    (2) In conducting the study, the Commissioner--

      (A) shall specifically identify those actions taken to comply with provisions of law that protect the privacy and trade secrets of importers, such as section 552(b) of title 5, United States Code, and section 1905 of title 18, United States Code; and

      (B) shall provide for public notice and comment relating to verification of the actions described in subparagraph (A).

    (b) REPORT- Not later than 6 months after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under subsection (a).

SEC. 133. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; REPORTS.

    (a) ESTABLISHMENT AND IMPLEMENTATION-

      (1) IN GENERAL- Not later than September 30, 2003, 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 the Inspector General of the Department of the Treasury issued on February 23, 2001), establish and implement a cost accounting system for expenses incurred in both commercial and noncommercial operations of the Customs Service.

      (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 Customs Service, and an identification of expenses based on any other appropriate classification necessary to provide for an accurate and complete accounting of the expenses.

    (b) REPORTS- Beginning on the date of the enactment of this Act and ending on the date on which the cost accounting system described in subsection (a) is fully implemented, the Commissioner of Customs shall prepare and submit to Congress on a quarterly basis a report on the progress of implementing the cost accounting system pursuant to subsection (a).

SEC. 134. REQUIREMENT RELATING TO TIMELINESS OF PROSPECTIVE RULINGS.

    (a) REQUIREMENT-

      (1) IN GENERAL- Subject to paragraph (2), the Commissioner of Customs shall ensure that each prospective ruling of the Office of Regulations and Rulings of the Customs Service is issued not later than 90 days after the date on which a request for the ruling is received by the Customs Service.

      (2) EXCEPTION- The Commissioner may establish exceptions from the requirement of paragraph (1) for emergency circumstances.

    (b) DEFINITION- In this section, the term ‘prospective ruling’ means a ruling that is requested by an importer on goods that are proposed to be imported into the United States and that relates to the proper classification, valuation, or marking of such goods.

SEC. 135. STUDY AND REPORT RELATING TO CUSTOMS USER FEES.

    (a) STUDY- 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)) is commensurate with the level of services provided by the Customs Service relating to the fee so imposed.

    (b) REPORT- Not later than 120 days after the date of the enactment of this Act, 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 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 Customs Service.

Subtitle D--Antiterrorism Provisions

SEC. 141. IMMUNITY FOR UNITED STATES OFFICIALS THAT ACT IN GOOD FAITH.

    (a) IMMUNITY- Section 3061 of the Revised Statutes (19 U.S.C. 482) is amended--

      (1) by striking ‘Any of the officers’ and inserting ‘(a) Any of the officers’; and

      (2) by adding at the end the following:

    ‘(b) Any officer or employee of the United States conducting a search of a person pursuant to subsection (a) shall not be held liable for any civil damages as a result of such search if the officer or employee performed the search in good faith.’.

    (b) REQUIREMENT TO POST POLICY AND PROCEDURES FOR SEARCHES OF PASSENGERS- Not later than

30 days after the date of the enactment of this Act, the Commissioner of the Customs Service shall ensure that at each Customs border facility appropriate notice is posted that provides a summary of the policy and procedures of the Customs Service for searching passengers, including a statement of the policy relating to the prohibition on the conduct of profiling of passengers based on race.

SEC. 142. EMERGENCY ADJUSTMENTS TO OFFICES, PORTS OF ENTRY, OR STAFFING OF THE CUSTOMS SERVICE.

    Section 318 of the Tariff Act of 1930 (19 U.S.C. 1318) is amended--

      (1) by striking ‘Whenever the President’ and inserting ‘(a) Whenever the President’; and

      (2) by adding at the end the following:

    ‘(b)(1) Notwithstanding any other provision of law, the Secretary of the Treasury, when necessary to respond to a national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) or to a specific threat to human life or national interests, is authorized to eliminate, consolidate, or relocate any office or port of entry of the Customs Service, modify hours of service, alter services rendered at any location, reduce the number of employees at any location, or take any other action that may be necessary to respond to the national emergency or specific threat.

    ‘(2) Notwithstanding any other provision of law, the Commissioner of Customs, when necessary to respond to a specific threat to human life or national interests, is authorized to close temporarily any Customs office or port of entry or take any other lesser action that may be necessary to respond to the specific threat.

    ‘(3) The Secretary of the Treasury or the Commissioner of Customs, as the case may be, shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than 72 hours after taking any action under paragraph (1) or (2).’.

SEC. 143. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND PASSENGERS.

    (a) CARGO INFORMATION-

      (1) IN GENERAL- Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is amended--

        (A) in the first sentence, by striking ‘Any manifest’ and inserting ‘(1) Any manifest’; and

        (B) by adding at the end the following:

    ‘(2)(A) In addition to any other requirement under this section, for each land, air, or vessel carrier required to make entry or obtain clearance under the customs laws of the United States, the pilot, the master, operator, or owner of such carrier (or the authorized agent of such operator or owner) shall provide by electronic transmission cargo manifest information described in subparagraph (B) in advance of such entry or clearance in such manner, time, and form as prescribed by the Secretary. The Secretary may exclude any class of land, air, or vessel carrier for which the Secretary concludes the requirements of this subparagraph are not necessary.

    ‘(B) The information described in this subparagraph is the following:

      ‘(i) The port of arrival or departure, whichever is applicable.

      ‘(ii) The carrier code or prefix code.

      ‘(iii) The flight, voyage, or trip number.

      ‘(iv) The date of scheduled arrival or date of scheduled departure, whichever is applicable.

      ‘(v) The request for permit to proceed to the destination, if applicable.

      ‘(vi) The numbers and quantities from the master and house air waybill, bills of lading, or ocean bills of lading.

      ‘(vii) The first port of lading of the cargo.

      ‘(viii) A description and weight of the cargo.

      ‘(ix) The shippers name and address from all air waybills or bills of lading.

      ‘(x) The consignee name and address from all air waybills or bills of lading.

      ‘(xi) Notice that actual boarded quantities are not equal to air waybill or bills of lading quantities.

      ‘(xii) Transfer or transit information.

      ‘(xiii) Warehouse or other location of the cargo.

      ‘(xiv) Such additional information that the Secretary by regulation determines is reasonably necessary to ensure aviation, maritime, and surface transportation safety pursuant to those laws enforced and administered by the Customs Service.’.

      (2) CONFORMING AMENDMENTS- Subparagraphs (A) and (C) of section 431(d)(1) of such Act are each amended by inserting before the semicolon ‘or subsection (b)(2)’.

    (b) PASSENGER INFORMATION- Part II of title IV of the Tariff Act of 1930 (19 U.S.C. 1431 et seq.) is amended by inserting after section 431 the following:

‘SEC. 432. PASSENGER AND CREW MANIFEST INFORMATION REQUIRED FOR LAND, AIR, OR VESSEL CARRIERS.

    ‘(a) IN GENERAL- For every person arriving or departing on a land, air, or vessel carrier required to make entry or obtain clearance under the customs laws of the United States, the pilot, the master, operator, or owner of such carrier (or the authorized agent of such operator or owner) shall provide by electronic transmission manifest information described in subsection (b) in advance of such entry or clearance in such manner, time, and form as prescribed by the Secretary.

    ‘(b) INFORMATION DESCRIBED- The information described in this subsection shall include for each person described in subsection (a), the person’s--

      ‘(1) full name;

      ‘(2) date of birth and citizenship;

      ‘(3) gender;

      ‘(4) passport number and country of issuance;

      ‘(5) United States visa number or resident alien card number, as applicable;

      ‘(6) passenger name record; and

      ‘(7) such additional information that the Secretary, by regulation, determines is reasonably necessary to ensure aviation and maritime safety pursuant to the laws enforced or administered by the Customs Service.’.

    (c) DEFINITION- Section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) is amended by adding at the end the following:

    ‘(t) The term ‘land, air, or vessel carrier’ means a land, air, or vessel carrier, as the case may be, that transports goods or passengers for payment or other consideration, including money or services rendered.’.

    (d) EFFECTIVE DATE- The amendments made by this section shall take effect beginning 45 days after the date of the enactment of this Act.

SEC. 144. BORDER SEARCH AUTHORITY FOR CERTAIN CONTRABAND IN OUTBOUND MAIL.

    The Tariff Act of 1930 is amended by inserting after section 582 the following:

‘SEC. 583. EXAMINATION OF OUTBOUND MAIL.

    ‘(a) EXAMINATION-

      ‘(1) IN GENERAL- For purposes of ensuring compliance with the Customs laws of the United States and other laws enforced by the Customs Service, including the provisions of law described in paragraph (2), a Customs officer may, subject to the provisions of this section, stop and search at the border, without a search warrant, mail of domestic origin transmitted for export by the United States Postal Service.

      ‘(2) PROVISIONS OF LAW DESCRIBED- The provisions of law described in this paragraph are the following:

        ‘(A) Section 5316 of title 31, United States Code (relating to reports on exporting and importing monetary instruments).

        ‘(B) Sections 1461, 1463, 1465, and 1466 and chapter 110 of title 18, United States Code (relating to obscenity and child pornography).

        ‘(C) Section 1003 of the Controlled Substances Import and Export Act (21 U.S.C. 953; relating to exportation of controlled substances).

        ‘(D) The Export Administration Act of 1979 (50 U.S.C. app. 2401 et seq.).

        ‘(E) Section 38 of the Arms Export Control Act (22 U.S.C. 2778).

        ‘(F) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

    ‘(b) SEARCH OF MAIL NOT SEALED AGAINST INSPECTION AND OTHER MAIL- Mail not sealed against inspection under the postal laws and regulations of the United States, mail which bears a customs declaration, and mail with respect to which the sender or addressee has consented in writing to search, may be searched by a Customs officer.

    ‘(c) SEARCH OF MAIL SEALED AGAINST INSPECTION- (1) Mail sealed against inspection under the postal laws and regulations of the United States may be searched by a Customs officer, subject to paragraphs (2) and (3), upon reasonable cause to suspect that such mail contains one or more of the following:

      ‘(A) Monetary instruments, as defined in section 1956 of title 18, United States Code.

      ‘(B) A weapon of mass destruction, as defined in section 2332a(b) of title 18, United States Code.

      ‘(C) A drug or other substance listed in schedule I, II, III, or IV in section 202 of the Controlled Substances Act (21 U.S.C. 812).

      ‘(D) National defense and related information transmitted in violation of any of sections 793 through 798 of title 18, United States Code.

      ‘(E) Merchandise mailed in violation of section 1715 or 1716 of title 18, United States Code.

      ‘(F) Merchandise mailed in violation of any provision of chapter 71 (relating to obscenity) or chapter 110 (relating to sexual exploitation and other abuse of children) of title 18, United States Code.

      ‘(G) Merchandise mailed in violation of the Export Administration Act of 1979 (50 U.S.C. app. 2401 et seq.).

      ‘(H) Merchandise mailed in violation of section 38 of the Arms Export Control Act (22 U.S.C. 2778).

      ‘(I) Merchandise mailed in violation of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

      ‘(J) Merchandise mailed in violation of the Trading with the Enemy Act (50 U.S.C. app. 1 et seq.).

    ‘(2) No person acting under authority of paragraph (1) shall read, or authorize any other person to read, any correspondence contained in mail sealed against inspection unless prior to so reading--

      ‘(A) a search warrant has been issued pursuant to Rule 41, Federal Rules of Criminal Procedure; or

      ‘(B) the sender or addressee has given written authorization for such reading.

    ‘(3) The Secretary of the Treasury shall enter into a written agreement with the United States Postal Service which shall provide for procedures for the search of mail sealed against inspection pursuant to paragraph (1). Such agreement shall provide, among other matters, for the presence of employees of each agency, including a Customs officer, at any search of such mail, at the locations at which mail will be searched, and for avoiding any undue delay in the movement of such mail.’.

SEC. 145. AUTHORIZATION OF APPROPRIATIONS FOR REESTABLISHMENT OF CUSTOMS OPERATIONS IN NEW YORK CITY.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There is authorized to be appropriated for the reestablishment of operations of the Customs Service in New York, New York, such sums as may be necessary for fiscal year 2002.

      (2) OPERATIONS DESCRIBED- The operations referred to in paragraph (1) include, but are not limited to, the following:

        (A) Operations relating to the Port Director of New York City, the New York Customs Management Center (including the Director of Field Operations), and the Special Agent-In-Charge for New York.

        (B) Commercial operations, including textile enforcement operations and salaries and expenses of--

          (i) trade specialists who determine the origin and value of merchandise;

          (ii) analysts who monitor the entry data into the United States of textiles and textile products; and

          (iii) Customs officials who work with foreign governments to examine textile makers and verify entry information.

    (b) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.

Subtitle E--Textile Transshipment Provisions

SEC. 151. GAO AUDIT OF TEXTILE TRANSSHIPMENT MONITORING BY CUSTOMS SERVICE.

    (a) GAO AUDIT- The Comptroller General of the United States shall conduct an audit of the system established and carried out by the Customs Service to monitor textile transshipment.

    (b) REPORT- Not later than 9 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and Committee on Finance of the Senate a report that contains the results of the study conducted under subsection (a), including recommendations for improvements to the transshipment monitoring system if applicable.

    (c) TRANSSHIPMENT DESCRIBED- Transshipment within the meaning of this section has occurred when preferential treatment under any provision of law has been claimed for a textile or apparel article on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of the preceding sentence, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under the provision of law in question.

SEC. 152. AUTHORIZATION OF APPROPRIATIONS FOR TEXTILE TRANSSHIPMENT ENFORCEMENT OPERATIONS.

    (a) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There is authorized to be appropriated for textile transshipment enforcement operations of the Customs Service $9,500,000 for fiscal year 2002.

      (2) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

    (b) USE OF FUNDS- Of the amount appropriated pursuant to the authorization of appropriations under subsection (a), the following amounts are authorized to be made available for the following purposes:

      (1) IMPORT SPECIALISTS- $1,463,000 for 21 Customs import specialists to be assigned to selected ports for documentation review to support detentions and exclusions and 1 additional Customs import specialist assigned to the Customs headquarters textile program to administer the program and provide oversight.

      (2) INSPECTORS- $652,080 for 10 Customs inspectors to be assigned to selected ports to examine targeted high-risk shipments.

      (3) INVESTIGATORS- (A) $1,165,380 for 10 investigators to be assigned to selected ports to investigate instances of smuggling, quota and trade agreement circumvention, and use of counterfeit visas to enter inadmissible goods.

      (B) $149,603 for 1 investigator to be assigned to Customs headquarters textile program to coordinate and ensure implementation of textile production verification team results from an investigation perspective.

      (4) INTERNATIONAL TRADE SPECIALISTS- $226,500 for 3 international trade specialists to be assigned to Customs headquarters to be dedicated to illegal textile transshipment policy issues and other free trade agreement enforcement issues.

      (5) PERMANENT IMPORT SPECIALISTS FOR HONG KONG- $500,000 for 2 permanent import specialist positions and $500,000 for 2 investigators to be assigned to Hong Kong to work with Hong Kong and other government authorities in Southeast Asia to assist such authorities pursue proactive enforcement of bilateral trade agreements.

      (6) VARIOUS PERMANENT TRADE POSITIONS- $3,500,000 for the following:

        (A) 2 permanent positions to be assigned to the Customs attache office in Central America to address trade enforcement issues for that region.

        (B) 2 permanent positions to be assigned to the Customs attache office in South Africa to address trade enforcement issues pursuant to the African Growth and Opportunity Act (title I of Public Law 106-200).

        (C) 4 permanent positions to be assigned to the Customs attache office in Mexico to address the threat of illegal textile transshipment through Mexico and other related issues under the North American Free Trade Agreement Act.

        (D) 2 permanent positions to be assigned to the Customs attache office in Seoul, South Korea, to address the trade issues in the geographic region.

        (E) 2 permanent positions to be assigned to the proposed Customs attache office in New Delhi, India, to address the threat of illegal textile transshipment and other trade enforcement issues.

        (F) 2 permanent positions to be assigned to the Customs attache office in Rome, Italy, to address trade enforcement issues in the geographic region, including issues under free trade agreements with Jordan and Israel.

      (7) ATTORNEYS- $179,886 for 2 attorneys for the Office of the Chief Counsel of the Customs Service to pursue cases regarding illegal textile transshipment.

      (8) AUDITORS- $510,000 for 6 Customs auditors to perform internal control reviews and document and record reviews of suspect importers.

      (9) ADDITIONAL TRAVEL FUNDS- $250,000 for deployment of additional textile production verification teams to sub-Saharan Africa.

      (10) TRAINING- (A) $75,000 for training of Customs personnel.

      (B) $200,000 for training for foreign counterparts in risk management analytical techniques and for teaching factory inspection techniques, model law Development, and enforcement techniques.

      (11) OUTREACH- $60,000 for outreach efforts to United States importers.

TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- Section 141(g)(1) of the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended--

      (1) in subparagraph (A)--

        (A) in the matter preceding clause (i), by striking ‘not to exceed’;

        (B) in clause (i) to read as follows:

      ‘(i) $30,000,000 for fiscal year 2002.’; and

        (C) in clause (ii) to read as follows:

      ‘(ii) $31,000,000 for fiscal year 2003.’; and

      (2) in subparagraph (B)--

        (A) in clause (i), by adding ‘and’ at the end;

        (B) by striking clause (ii); and

        (C) by redesignating clause (iii) as clause (ii).

    (b) SUBMISSION OF OUT-YEAR BUDGET PROJECTIONS- Section 141(g) of the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended by adding at the end the following:

    ‘(3) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Office to carry out its functions.’.

    (c) ADDITIONAL STAFF FOR OFFICE OF ASSISTANT U.S. TRADE REPRESENTATIVE FOR CONGRESSIONAL AFFAIRS-

      (1) IN GENERAL- There is authorized to be appropriated such sums as may be necessary for fiscal year 2002 for the salaries and expenses of two additional legislative specialist employee positions within the Office of the Assistant United States Trade Representative for Congressional Affairs.

      (2) AVAILABILITY- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- Section 330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended--

      (1) in clause (i) to read as follows:

      ‘(i) $51,400,000 for fiscal year 2002.’; and

      (2) in clause (ii) to read as follows:

      ‘(ii) $53,400,000 for fiscal year 2003.’.

    (b) SUBMISSION OF OUT-YEAR BUDGET PROJECTIONS- Section 330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended by adding at the end the following:

    ‘(4) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Commission to carry out its functions.’.

TITLE IV--OTHER TRADE PROVISIONS

SEC. 401. INCREASE IN AGGREGATE VALUE OF ARTICLES EXEMPT FROM DUTY ACQUIRED ABROAD BY UNITED STATES RESIDENTS.

    (a) IN GENERAL- Subheading 9804.00.65 of the Harmonized Tariff Schedule of the United States is amended in the article description column by striking ‘$400’ and inserting ‘$800’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act.

SEC. 402. REGULATORY AUDIT PROCEDURES.

    Section 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b)) is amended by adding at the end the following:

      ‘(6)(A) In any audit conducted under this section, the Secretary shall adjust any loss of revenue determined to be due under section 592(d) and any under-declarations of quantities and values attributable to finally liquidated entries by the amount of any duty overpayments and any over-declarations of quantities and values attributable to finally liquidated entries if such overpayments or over-declarations were not made by the person being audited with the intent of violating any provision of law.

      ‘(B) The Secretary shall prescribe regulations with respect to the use of the calculations described in subparagraph (A) for any proceeding relating to the collection of revenue or the calculation of penalties involving liquidated entries under section 592.

      ‘(C) Nothing in this paragraph shall be construed to authorize a refund not otherwise authorized under section 520.’.