[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3129 Referred in Senate (RFS)]
2d Session
H. R. 3129
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2002
Received; read twice and referred to the Committee on Finance
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 2002 through 2004 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
2002''.
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--Miscellaneous Provisions
Sec. 121. Additional Customs Service officers for United States-Canada
border.
Sec. 122. Study and report relating to personnel practices of the
Customs Service.
Sec. 123. Study and report relating to accounting and auditing
procedures of the Customs Service.
Sec. 124. Establishment and implementation of cost accounting system;
reports.
Sec. 125. Study and report relating to timeliness of prospective
rulings.
Sec. 126. Study and report relating to Customs user fees.
Sec. 127. Fees for Customs inspections at express courier facilities.
Sec. 128. National Customs Automation Program.
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.
Sec. 153. Implementation of the African Growth and Opportunity Act.
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) $899,121,000 for fiscal year 2002.'';
(2) in subparagraph (B) to read as follows:
``(B) $1,365,456,000 for fiscal year 2003.''; and
(3) by adding at the end the following:
``(C) $1,399,592,400 for fiscal year 2004.''.
(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) $1,606,068,000 for fiscal year 2002.'';
(B) in clause (ii) to read as follows:
``(ii) $1,642,602,000 for fiscal year 2003.''; and
(C) by adding at the end the following:
``(iii) $1,683,667,050 for fiscal year 2004.''.
(2) Automated commercial environment computer system.--Of
the amount made available for each of fiscal years 2002 through
2004 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 Agreement 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) $177,860,000 for fiscal year 2002.'';
(2) in subparagraph (B) to read as follows:
``(B) $170,829,000 for fiscal year 2003.''; and
(3) by adding at the end the following:
``(C) $175,099,725 for fiscal year 2004.''.
(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 section 102.
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--Miscellaneous Provisions
SEC. 121. ADDITIONAL CUSTOMS SERVICE OFFICERS FOR UNITED STATES-CANADA
BORDER.
Of the amount made available for fiscal year 2002 under paragraphs
(1) and (2)(A) of section 301(b) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)), as amended by section
101 of this Act, $28,300,000 shall be available until expended for the
Customs Service to hire approximately 285 additional Customs Service
officers to address the needs of the offices and ports along the United
States-Canada border.
SEC. 122. 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. 123. 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. 124. 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. 125. STUDY AND REPORT RELATING TO TIMELINESS OF PROSPECTIVE
RULINGS.
(a) Study.--The Comptroller General shall conduct a study on the
extent to which the Office of Regulations and Rulings of the Customs
Service has made improvements to decrease the amount of time to issue
prospective rulings from the date on which a request for the ruling is
received by the Customs Service.
(b) Report.--Not later than 1 year 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 the results of the study
conducted under subsection (a).
(c) 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. 126. 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 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
Customs Service.
SEC. 127. FEES FOR CUSTOMS INSPECTIONS AT EXPRESS COURIER FACILITIES.
(a) In General.--Section 13031(b)(9) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) is amended as
follows:
(1) In subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``the processing of merchandise that is informally
entered or released'' and inserting ``the processing of
letters, documents, records, shipments, merchandise, or
any other item that is valued at an amount under $2,000
(or such higher amount as the Secretary may set by
regulation pursuant to section 498 of the Tariff Act of
1930), whether or not such items are informally entered
or released (except items entered or released for
immediate exportation),''; and
(B) in clause (ii) to read as follows:
``(ii) In the case of an express consignment
carrier facility or centralized hub facility, $.66 per
individual airway bill or bill of lading.''.
(2) By redesignating subparagraph (B) as subparagraph (C)
and inserting after subparagraph (A) the following:
``(B)(i) For fiscal year 2004 and subsequent fiscal years,
the Secretary of the Treasury may adjust (not more than once
per fiscal year) the amount described in subparagraph (A)(ii)
to not less than $.35 but not more than $1.00 per individual
airway bill or bill of lading. The Secretary shall provide
notice in the Federal Register of a proposed adjustment under
the preceding sentence and the reasons therefor and shall allow
for public comment on the proposed adjustment.
``(ii) The payment required by subparagraph (A)(ii) shall
be the only payment required for reimbursement of the Customs
Service in connection with the processing of an individual
airway bill or bill of lading in accordance with such
subparagraph, except that the Customs Service may charge a fee
to cover expenses of the Customs Service for adequate office
space, equipment, furnishings, supplies, and security.
``(iii)(I) The payment required by subparagraph (A)(ii) and
clause (ii) shall be paid on a quarterly basis to the Customs
Service in accordance with regulations prescribed by the
Secretary of the Treasury.
``(II) 50 percent of the amount of payments received under
subparagraph (A)(ii) and clause (ii) shall, in accordance with
section 524 of the Tariff Act of 1930, be deposited as a refund
to the appropriation for the amount paid out of that
appropriation for the costs incurred in providing services to
express consignment carrier facilities or centralized hub
facilities. Amounts deposited in accordance with the preceding
sentence shall be available until expended for the provision of
customs services to express consignment carrier facilities or
centralized hub facilities.
``(III) Notwithstanding section 524 of the Tariff Act of
1930, the remaining 50 percent of the amount of payments
received under subparagraph (A)(ii) and clause (ii) shall be
paid to the Secretary of the Treasury, which is in lieu of the
payment of fees under subsection (a)(10) of this section.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on October 1, 2002.
SEC. 128. NATIONAL CUSTOMS AUTOMATION PROGRAM.
Section 411(b) of the Tariff Act of 1930 (19 U.S.C. 1411(b)) is
amended by striking the second sentence and inserting the following:
``The Secretary may, by regulation, require the electronic submission
of information described in subsection (a) or any other information
required to be submitted to the Customs Service separately pursuant to
this subpart.''.
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
gender, race, color, religion, or ethnic background.
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 take the following actions on a temporary basis:
``(A) Eliminate, consolidate, or relocate any office or
port of entry of the Customs Service.
``(B) Modify hours of service, alter services rendered at
any location, or reduce the number of employees at any
location.
``(C) Take any other action that may be necessary to
directly 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 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 in advance of such entry in such manner, time, and form as
prescribed under regulations 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 Secretary shall cooperate with other appropriate Federal
departments and agencies for the purpose of providing to such
departments and agencies as soon as practicable cargo manifest
information obtained pursuant to subparagraph (A). In carrying out the
preceding sentence, the Secretary, to the maximum extent practicable,
shall protect the privacy and property rights with respect to the cargo
involved.''.
(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 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 information
described in subsection (b) in advance of such entry or clearance in
such manner, time, and form as prescribed under regulations by the
Secretary.
``(b) Information Described.--The information described in this
subsection shall include for each person described in subsection (a),
if applicable, 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;
``(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) Sharing of Information.--The Secretary shall cooperate with
other appropriate Federal departments and agencies for the purpose of
providing to such departments and agencies as soon as practicable
electronic transmission information obtained pursuant to subsection
(a). In carrying out the preceding sentence, the Secretary, to the
maximum extent practicable, shall protect the privacy rights of the
person with respect to which the information relates.''.
(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 and foreign mail
transiting the United States that is being imported or exported
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 paragraph (2),
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.).
``(K) Merchandise subject to any other law enforced by the
Customs Service.
``(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.''.
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.
SEC. 153. IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT.
Of the amount made available for fiscal year 2002 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 section 101(b)(1) of this
Act, $1,317,000 shall be available until expended for the Customs
Service to provide technical assistance to help sub-Saharan Africa
countries develop and implement effective visa and anti-transshipment
systems as required by the African Growth and Opportunity Act (title I
of Public Law 106-200), as follows:
(1) Travel funds.--$600,000 for import specialists, special
agents, and other qualified Customs personnel to travel to sub-
Saharan Africa countries to provide technical assistance in
developing and implementing effective visa and anti-
transshipment systems.
(2) Import specialists.--$266,000 for 4 import specialists
to be assigned to Customs headquarters to be dedicated to
providing technical assistance to sub-Saharan African countries
for developing and implementing effective visa and anti-
transshipment systems.
(3) Data reconciliation analysts.--$151,000 for 2 data
reconciliation analysts to review apparel shipments.
(4) Special agents.--$300,000 for 2 special agents to be
assigned to Customs headquarters to be available to provide
technical assistance to sub-Saharan African countries in the
performance of investigations and other enforcement
initiatives.
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.'';
(C) in clause (ii) to read as follows:
``(ii) $32,300,000 for fiscal year 2003.''; and
(D) by adding at the end the following:
``(iii) $33,108,000 for fiscal year 2004.''; 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) $51,440,000 for fiscal year 2002.'';
(2) in clause (ii) to read as follows:
``(ii) $54,000,000 for fiscal year 2003.''; and
(3) by adding at the end the following:
``(iii) $57,240,000 for fiscal year 2004.''.
(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) If during the course of any audit concluded under
this subsection, the Customs Service identifies overpayments of
duties or fees or over-declarations of quantities or values
that are within the time period and scope of the audit that the
Customs Service has defined, then in calculating the loss of
revenue or monetary penalties under section 592, the Customs
Service shall treat the overpayments or over-declarations on
finally liquidated entries as an offset to any underpayments or
underdeclarations also identified on finally liquidated entries
if such overpayments or over-declarations were not made by the
person being audited for the purpose of violating any provision
of law.
``(B) Nothing in this paragraph shall be construed to
authorize a refund not otherwise authorized under section
520.''.
Passed the House of Representatives May 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk.