[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 89 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 89
To enhance the illegal narcotics control activities of the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mr. Grassley introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enhance the illegal narcotics control activities of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Drug-Free America
Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--DOMESTIC DEMAND REDUCTION
Sec. 101. Short title.
Subtitle A--Drug Treatment and Research
Sec. 111. Short title.
Sec. 112. Amendments to the Public Health Service Act.
Sec. 113. Adolescent therapeutic community treatment programs.
Sec. 114. Residential treatment program in Federal prisons.
Sec. 115. Counter-Drug Technology Assessment Center.
Sec. 116. Sense of Congress on research by the National Institutes of
Health.
Subtitle B--Drug-Free Communities
Sec. 121. Findings.
Sec. 122. Drug-free communities support program.
Subtitle C--Drug-Free Families
Sec. 131. Short title.
Sec. 132. Findings.
Sec. 133. Purposes.
Sec. 134. Definitions.
Sec. 135. Establishment of drug-free families support program.
Sec. 136. Authorization of appropriations.
Subtitle D--National Community Antidrug Coalition Institute
Sec. 141. Short title.
Sec. 142. Establishment.
Sec. 143. Authorization of appropriations.
TITLE II--DOMESTIC LAW ENFORCEMENT
Subtitle A--National Guard Matters
Sec. 201. Minimum number of members of the National Guard on duty to
perform drug interdiction or counter-drug
activities.
Sec. 202. National Guard counterdrug schools.
Subtitle B--Customs Matters
Sec. 211. Short title.
Part I--Authorization of Appropriations for United States Customs
Service for Enhanced Inspection, Trade Facilitation, and Drug
Interdiction
Sec. 221. Authorization of appropriations.
Sec. 222. Cargo inspection and narcotics detection equipment for the
United States-Mexico border, United States-
Canada border, and Florida and Gulf Coast
seaports; internal management improvements.
Sec. 223. Peak hours and investigative resource enhancement for the
United States-Mexico and United States-
Canada borders, Florida and Gulf Coast
seaports, and the Bahamas.
Sec. 224. Agent rotations; elimination of backlog of background
investigations.
Sec. 225. Air and marine operation and maintenance funding.
Sec. 226. Compliance with performance plan requirements.
Sec. 227. Report on intelligence requirements.
Part II--Customs Management
Sec. 231. Term and salary of the Commissioner of Customs.
Sec. 232. Internal compliance.
Sec. 233. Report on personnel flexibility.
Sec. 234. Report on personnel allocation model.
Sec. 235. Report on detection and monitoring requirements along the
southern tier and northern border.
Part III--Marking Violations
Sec. 241. Civil penalties for marking violations.
Subtitle C--Miscellaneous
Sec. 251. Tethered Aerostat Radar System.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Illegal drugs cost America more than $70,000,000,000
annually. These costs include lost productivity, as well as
money spent for drug treatment, illnesses related to drug use,
crime prevention and enforcement, and welfare.
(2) Federal, State, and local governments spend more than
$30,000,000,000 annually to combat illegal drugs and the
consequences of illegal drugs.
(3) The estimated total expenditure by Americans on illicit
drugs in 1993 was $48,700,000,000. The vast majority of these
illegal drugs are produced overseas and then smuggled into the
United States by major criminal organizations.
(4) The estimated worldwide potential of coca net
production in 1996 was 303,600 metric tons, and in the same
year, the worldwide coca cultivation was 209,700 hectares.
(5) The production of opium has also been increasing for at
least the past 10 years, and reached a new high in 1996 of
4,212 metric tons. Production throughout the world has led to
an increase in the heroin addict population of the United
States, bringing it to a new high of more than 600,000 people.
(6) Money laundering constitutes a serious challenge to the
maintenance of law and order throughout the hemisphere and
poses a threat to stability, reliability, and the integrity of
governments, financial systems, and commerce.
(7) Money laundering of illegal drug profits is an integral
part of the drug trafficking process, creating an obstacle in
fighting drugs. It is estimated that $100,000,000,000 to
$300,000,000,000 in United States currency is laundered each
year.
(8) Certification pursuant to the Foreign Assistance Act of
1961 is an essential tool in United States foreign policy.
Through the certification process there has been improvement in
cooperation levels that demonstrates the importance of holding
countries responsible for being major producing, transit, and
money laundering countries.
(9) The major criminal organizations that traffic in
illegal narcotics are international in scope and extremely
flexible in their activities, and are becoming increasingly
sophisticated in their methods of operation. Their influence
reaches to the highest levels of some foreign governments.
(10) The threat of corruption at all levels of government
remains a significant concern when dealing with many nations.
Explosive corruption in a number of countries is undermining
domestic processes and the rule of law. United States
assistance and the pressure of decertification have encouraged
many countries to take corruption seriously.
(11) The production and trafficking of illegal narcotics
presents a threat to United States interests, both domestic and
foreign. Drugs are a corrosive influence on our children, our
values, and our Government.
TITLE I--DOMESTIC DEMAND REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Domestic Narcotic Demand Reduction
Act of 2001''.
Subtitle A--Drug Treatment and Research
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Drug Treatment and Research
Enhancement Act of 2001''.
SEC. 112. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Short Title.--This section may be cited as the ``Key
Professionals Education Act''.
(b) Core Competencies.--Subpart 2 of part B of title V of the
Public Health Service Act (42 U.S.C. 290bb-21 et seq.), as amended by
the Youth Drug and Mental Health Services Act (Public Law 106-310), is
amended by adding at the end the following:
``SEC. 519F. CORE COMPETENCIES.
``(a) Findings.--Congress makes the following findings:
``(1) According to a 1999 Monitoring the Future Report,
heroin use doubled among youth in the United States between
1991 and 1995. Since that time, such heroin use among such
youth has remained at the high level reached in 1995.
``(2) The sharp increase in heroin use during the 1990's
may be a result of the introduction into the market of heroin
of a higher purity.
``(3) According to the National Center on Addiction and
Substance Abuse, 29.9 percent of the population living in rural
areas, 32.4 percent of the population living in small cities,
and 30.2 percent of the population living in big cities found
heroin very easy or fairly easy to procure.
``(4) Studies show a high correlation between drug use,
availability of drugs, and violence.
``(5) A March 2000 report by the Office of National Drug
Control Policy reported that in 1999 persons using illegal
drugs were 16 times more likely than nonusers to be arrested
for larceny or theft, at least 14 times more likely to be
arrested for driving under the influence, drunkenness, and
liquor law violations, and at least 9 times more likely to be
arrested for assault.
``(b) Purpose.--The purpose of this section is--
``(1) to educate, train, motivate, and engage key
professionals to identify and intervene with children in
families affected by substance abuse and to refer members of
such families to appropriate programs and services in the
communities of such families;
``(2) to encourage professionals to collaborate with key
professional organizations representing the targeted
professional groups, such as groups of educators, social
workers, faith community members, and probation officers, for
the purposes of developing and implementing relevant core
competencies; and
``(3) to encourage professionals to develop networks to
coordinate local substance abuse prevention coalitions.
``(c) Program Authorized.--The Secretary shall award grants to
leading nongovernmental organizations with an expertise in aiding
children of substance abusing parents or experience with community
antidrug coalitions to help professionals participate in such
coalitions and identify and help youth affected by familial substance
abuse.
``(d) Duration of Grants.--No organization shall receive a grant
under subsection (c) for more than 5 consecutive years.
``(e) Application.--Any organization desiring a grant under
subsection (c) shall prepare and submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require, including a plan for the evaluation of the
project involved, including both process and outcome evaluation, and
the submission of the evaluation at the end of the project period.
``(f) Use of Funds.--Grants awarded under subsection (c) shall be
used to--
``(1) develop core competencies with various professional
groups that the professionals can use in identifying and
referring children affected by substance abuse;
``(2) widely disseminate the competencies to professionals
and professional organizations through publications and
journals that are widely read and respected;
``(3) develop training modules around the competencies; and
``(4) develop training modules for community coalition
leaders to enable such leaders to engage professionals from
identified groups at the local level in community-wide
prevention and intervention efforts.
``(g) Definition.--In this section, the term `professional'
includes a physician, student assistance professional, social worker,
youth and family social service agency counselor, Head Start teacher,
clergy, elementary and secondary school teacher, school counselor,
juvenile justice worker, child care provider, or a member of any other
professional group in which the members provide services to or interact
with children, youth, or families.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 for fiscal year
2002, and such sums as may be necessary for each of fiscal years 2003
through 2006.''.
(c) National Institute on Drug Abuse.--Subpart 15 of part C of
title IV of the Public Health Service Act (42 U.S.C. 285o et seq.) is
amended by adding at the end the following:
``SEC. 464Q. NATIONAL DRUG ABUSE TREATMENT CLINICAL TRIALS NETWORK.
``(a) Program Authorized.--The Director of the Institute shall
establish a National Drug Abuse Treatment Clinical Trials Network
(referred to in this section as the `Network'), and provide support to
such Network, to conduct large scale drug abuse treatment studies in
community settings using broadly diverse patient populations.
``(b) Activities of Network.--The Network described in subsection
(a) shall use the support provided under subsection (a) to--
``(1) conduct coordinated, multisite, clinical trials of
behavioral and pharmacological approaches and combined
therapies for drug abuse and addiction;
``(2) conduct a research practice initiative to--
``(A) identify factors that affect successful
adoption of new treatments in order to transport
research findings into real-life practice; and
``(B) rapidly and efficiently disseminate
scientific findings to the field and to communities in
need.
``(c) Members of Network.--The Network described in subsection (a)
shall consist of research and training centers that are linked with
community-based treatment programs that represent a diversity of
treatment settings and patient populations in the regions of such
centers.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2002 through 2007.''.
(d) Survey.--Title II of the Public Health Service Act (42 U.S.C.
202 et seq.) is amended by adding at the end the following:
``SEC. 247. SURVEYS.
``The results of any federally funded survey under this Act shall
be made available in at least a preliminary format to the public not
later than 1 year after the date on which any such survey is
complete.''.
(e) Practice/Research Collaboratives.--Part A of title V of the
Public Health Service Act (42 U.S.C. 290aa et seq.), as amended by the
Youth Drug and Mental Health Services Act (Public Law 106-310), is
amended by adding the following:
``SEC. 506C. PRACTICE/RESEARCH COLLABORATIVES.
``(a) In General.--The Secretary shall award grants, cooperative
agreements, or contracts to public or private nonprofit entities for
the purpose of assisting local communities and regions within States in
improving the quality of substance abuse treatment and clinical
preventive services provided in such communities and regions by
increasing interaction and knowledge exchange among key community-based
stakeholders, including substance abuse treatment providers, community-
based organizations that provide support services to substance abusers,
researchers, and policymakers including managed care plan managers and
purchasers of substance abuse treatment services.
``(b) Eligibility.--To be eligible to receive a grant, contract, or
cooperative agreement under this section an entity shall--
``(1) be a public or private nonprofit entity;
``(2) prepare and submit to the Secretary an application,
at such time, in such manner, and containing such information
as the Secretary may require; and
``(3) demonstrate that the entity has developed a full
partnership among--
``(A) community-based treatment and prevention
service providers that provide treatment services
representing a variety of modalities and including both
for profit and nonprofit private entities and programs
that serve diverse populations;
``(B) researchers on substance abuse prevention and
treatment issues;
``(C) government officials from the community
involved in the grant application;
``(D) State officials involved in the funding of
substance abuse prevention and treatment services;
``(E) service organizations that serve substance
abusers including organizations providing health and
mental health services, child welfare, law enforcement,
social services, education, and other such services;
and
``(F) policymakers.
``(c) Use of Funds.--Amounts awarded under a grant, contract, or
cooperative agreement under subsection (a) may be used to--
``(1) develop ongoing communications for the entities
described in subsection (b)(3) to support the establishment of
an infrastructure for community-based studies and knowledge
transfer;
``(2) share evaluation and applied research results in
seminars and publications;
``(3) identify areas of particularly local concern for
further study;
``(4) determine, in consultation with appropriate agencies
(including the National Institutes of Health), public policy
issues of interest to be included in an applied research
agenda;
``(5) identify and describe existing prevention and
intervention strategies;
``(6) improve methods for evaluating prevention and
treatment strategies;
``(7) recruit or retain substance abuse educators and
practitioners to participate in specialized training programs
to improve knowledge exchange and transfer;
``(8) provide for the implementation of training programs
to sustain the adoption of community-based treatment study
findings; and
``(9) provide public policymakers and State officials with
appropriate information.
``(d) Conditions.--The Secretary shall ensure that awards made
under subsection (a) are distributed among urban and rural areas and
address the needs of vulnerable populations including ethnic and racial
minorities, women of childbearing age, individuals with sexually
transmitted diseases or HIV.
``(e) Duration of Awards.--With respect to grants, cooperative
agreements, or contracts awarded under this section, the period during
which payments under such awards are made to the recipient may not
exceed 5 years.
``(f) Report.--A recipient of a grant, contract, or cooperative
agreement under this section shall prepare and submit to the Secretary
a report for each year under the grant, contract, or cooperative
agreement of the grant a report that details the activities of the
recipient under the grant, contract, or cooperative agreement, and
makes recommendations for a research agenda for future years based on
the information received from those assisted under the grant, contract,
or cooperative agreement.
``(g) Evaluation.--The Secretary shall evaluate each project
carried out under subsection (a) and shall disseminate the findings
with respect to each such evaluation to appropriate public and private
entities.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $20,000,000 for fiscal year
2002, and such sums as may be necessary for each of fiscal years 2003
and 2004.''.
SEC. 113. ADOLESCENT THERAPEUTIC COMMUNITY TREATMENT PROGRAMS.
(a) Short Title.--This section may be cited as the ``Adolescent
Therapeutic Community Treatment Programs Act''.
(b) Findings.--Congress makes the following findings:
(1) Of the adolescents that currently need substance abuse
treatment services, only 20 percent of such adolescents are
receiving such services.
(2) Providing alcohol and drug treatment services reduces
health care, welfare, and criminal justice costs.
(3) Studies have found that completion of substance abuse
treatment services produces sustained reductions in drug use,
welfare dependency, crime, and unemployment.
(4) The National Institute of Justice Arrestee Drug Abuse
Monitoring drug testing program found that more than half of
juvenile male arrestees tested positive for at least 1 drug in
1998.
(5) The 1999 Monitoring the Future study showed that more
than half of the teenagers in the United States have tried an
illicit drug by the time such teenagers finish high school, and
more than 28 percent of such teenagers have tried an illicit
drug by the time such teenagers are in eighth grade.
(6) According to the 1999 National Household Survey on Drug
Abuse, the average age of new heroin users has dropped from
26.0 years of age in 1992 to 21.3 years of age in 1998.
(7) Studies have shown that intervention at an early stage
of addiction is essential in stopping an increasingly frequent
drug user from becoming an addict. Whether voluntarily or
through legal or parental pressure, the sooner a drug user
enters into a well-designed treatment program, the more likely
such treatment is to be effective. Voluntary participation in
substance abuse programs is not necessary in order to
successfully treat a drug user.
(c) Program Authorized.--The Secretary shall award competitive
grants to treatment providers who administer treatment programs to
enable such providers to establish adolescent residential substance
abuse treatment programs that provide services for individuals who are
between the ages of 14 and 21.
(d) Preference.--In awarding grants under subsection (c), the
Secretary shall consider the geographic location of each treatment
provider and give preference to such treatment providers that are
geographically located in such a manner as to provide services to
addicts from non-metropolitan areas.
(e) Duration of Grants.--For awards made under subsection (c), the
period during which payments are made may not exceed 5 years.
(f) Restrictions.--A treatment provider receiving a grant under
subsection (c) shall not use any amount of the grant under this section
for land acquisition or a construction project.
(g) Construction.--Nothing in this subsection shall be construed to
preclude qualifying faith-based treatment providers from receiving a
grant under subsection (c).
(h) Application.--A treatment provider that desires a grant under
subsection (c) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
(i) Use of Funds.--A treatment provider that receives a grant under
subsection (c) shall use funds received under such grant to provide
substance abuse services for adolescents, including--
(1) a thorough psychosocial assessment;
(2) individual treatment planning;
(3) a strong education component integral to the treatment
regimen;
(4) life skills training;
(5) individual and group counseling;
(6) family services;
(7) daily work responsibilities; and
(8) community-based aftercare, providing 6 months of
treatment following discharge from a residential facility.
(j) Treatment Type.--The Therapeutic Community model shall be used
as a basis for all adolescent residential substance abuse treatment
programs established under this section, which shall be characterized
by--
(1) the self-help dynamic, requiring youth to participate
actively in their own treatment;
(2) the role of mutual support and the therapeutic
importance of the peer therapy group;
(3) a strong focus on family involvement and family
strengthening;
(4) a clearly articulated value system emphasizing both
individual responsibility and responsibility for the community;
and
(5) an emphasis on development of positive social skills.
(k) Report by Provider.--Not later than 1 year after receiving a
grant under this section, and annually thereafter, a treatment provider
shall prepare and submit to the Secretary a report describing the
services provided pursuant to this section.
(l) Report by Secretary.--
(1) In general.--Not later than 3 months after receiving
all reports by providers under subsection (k), and annually
thereafter, the Secretary shall prepare and submit a report
containing information described in paragraph (2) to--
(A) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the United States Senate Caucus on
International Narcotics Control;
(D) the Committee on Commerce of the House of
Representatives;
(E) the Committee on Appropriations of the House of
Representatives; and
(F) the Committee on Government Reform of the House
of Representatives.
(2) Content.--The report described in paragraph (1) shall--
(A) outline the services provided by providers
pursuant to this section;
(B) evaluate the effectiveness of such services;
(C) identify the geographic distribution of all
treatment centers provided pursuant to this section,
and evaluate the accessibility of such centers for
addicts from rural areas and small towns; and
(D) make recommendations to improve the programs
carried out pursuant to this section.
(m) Definitions.--In this section:
(1) Adolescent residential substance abuse treatment
program.--The term ``adolescent residential substance abuse
treatment program'' means a program that provides a regimen of
individual and group activities, lasting ideally not less than
12 months, in a community-based residential facility that
provides comprehensive services tailored to meet the needs of
adolescents and designed to return youth to their families in
order that such youth may become capable of enjoying and
supporting positive, productive, drug-free lives.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Therapeutic community.--The term ``Therapeutic
Community'' means a highly structured residential treatment
facility that--
(A) employs a treatment methodology;
(B) relies on self-help methods and group process,
a view of drug abuse as a disorder affecting the whole
person, and a comprehensive approach to recovery;
(C) maintains a strong educational component; and
(D) carries out activities that are designed to
help youths address alcohol or other drug abuse issues
and learn to act in their own best interests, as well
as in the best interests of their peers and families.
(n) Authorization of Appropriations.--There are authorized be
appropriated to carry out this section--
(1) $21,000,000 for fiscal year 2002;
(2) $42,000,000 for fiscal year 2003;
(3) $63,000,000 for fiscal year 2004;
(4) $84,000,000 for fiscal year 2005; and
(5) $105,000,000 for fiscal year 2006.
SEC. 114. RESIDENTIAL TREATMENT PROGRAM IN FEDERAL PRISONS.
(a) Findings.--Congress makes the following findings:
(1) In April 2000, there were more than 140,000 inmates in
the Federal prison system.
(2) In April 2000, nearly 30 percent of Federal inmates
were serving sentences ranging between 5 and 10 years, and just
over 58 percent of such inmates, or 61,547 persons, were
serving time for a drug related offense.
(3) A March 2000 report by the Office of National Drug
Control Policy reported that in 1999 illicit drug users--
(A) were 16 times more likely than non-users to be
arrested and booked for larceny or theft;
(B) were more than 14 times more likely to be
arrested and booked for driving under the influence,
drunkenness, and liquor law violations; and
(C) were more than 9 times more likely to be
arrested and booked for assault.
(4) According to the Federal Bureau of Investigation's
Uniform Crime Reports, drugs are one of the main factors
leading to the total number of all homicides.
(5) In a 1999 study, the Bureau of Prisons reported that--
(A) offenders who completed a residential drug
abuse treatment program and had been released for a
minimum of 6 months were less likely to be arrested and
use illegal drugs than inmates who did not participate
in such program; and
(B) only 3.3 percent of such offenders who
completed such program were likely to be arrested
within the first 6 months that such offenders were in
the community.
(b) Purpose.--The purpose of this section is to increase
residential drug abuse treatment units in Federal prisons to reduce the
number of criminal offenders who are rearrested or who use illegal
drugs after release from prison.
(c) Program Authorized.--The Director of the Federal Bureau of
Prisons shall use funds made available under this section to establish
residential drug abuse treatment units in Federal prisons.
(d) Requirements.--A residential drug abuse treatment unit that
receives funds under this section shall--
(1) maintain not less than 1,000 hours of activities during
a 1-year period;
(2) maintain a staff of such unit in which there is not
more than 1 staff member per 12 inmates;
(3) provide intensive treatment activities for all inmates
in the residential drug treatment program, including individual
and group therapy, specialty seminars, self improvement group
counseling, and education, work skills training, and other
programs; and
(4) have frequent, regular, and random drug testing for
inmates and staff.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 2002 and 2003.
SEC. 115. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
(a) Study of Heroin Use in the United States.--
(1) In general.--Using amounts appropriated pursuant to the
authorization of appropriations in subsection (c)(1), the
Counter-Drug Technology Assessment Center (CTAC) of the Office of
National Drug Control Policy shall carry out a study on the number of
individuals in the United States who engaged in sustained use of
heroin.
(2) Basis for study.--The study under paragraph (1) shall
be based on the study entitled ``A Plan for Estimated the
Number of `Hardcore' Drug Users in the United States''.
(b) Counter-Drug Technology Initiatives.--Using amounts
appropriated pursuant to the authorization of appropriations in
subsection (c)(2), the Counter-Drug Technology Assessment Center of the
Office of National Drug Control Policy shall--
(1) conduct outreach for purposes of reducing duplication
of activities among Federal, State, and local entities
regarding counterdrug technologies;
(2) develop and implement mechanisms for monitoring and
coordinating such activities; and
(3) assist in the transfer of such technologies to State
and local law enforcement agencies under the Technology
Transfer Program.
(c) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Counter-Drug Technology Assessment Center of
the Office of National Drug Control Policy for fiscal year 2002 the
following:
(1) $15,000,000 for purposes of the study required by
subsection (a).
(2) $15,000,000 for purposes of activities under subsection
(b).
SEC. 116. SENSE OF CONGRESS ON RESEARCH BY THE NATIONAL INSTITUTES OF
HEALTH.
It is the sense of Congress that the National Institutes of Health
should work with or collaborate with experts from private industry to
promote research regarding pharmacological options that may be employed
to support drug treatment efforts.
Subtitle B--Drug-Free Communities
SEC. 121. FINDINGS.
Congress makes the following findings:
(1) A child that has a positive relationship with both
parents is less likely to use illegal drugs.
(2) Family activities, such as eating dinners together and
spending quality time together, can reduce the risk that a
child engaged by such activities will use illegal drugs.
(3) Most parents today work and have little opportunity to
spend quality time with their children.
(4) Many families are headed by single parents who work all
day and do not have enough time to spend with their children.
(5) The 1999 Parent's Resource Institute for Drug Education
study (referred to in this section as the ``PRIDE study'')
reported that more than 4,000,000 students who are between the
ages 11 and 18 used drugs regularly, and more than 1,000,000 of
such students used an illegal drug every day.
(6) The PRIDE study found that students with parents who
talked to them about drug use had a 37 percent lower drug use
rate than students with parents who did not talk to them about
drug use.
(7) The 1999 Monitoring the Future study found that nearly
55 percent of high school seniors in the United States had used
an illicit drug in the past month.
(8) A 1999 Mellman Group study found that--
(A) 56 percent of the population in the United
States believed that drug use was increasing in 1999;
(B) 92 percent of the population viewed illegal
drug use as a serious problem in the United States; and
(C) 73 percent of the population viewed illegal
drug use as a serious problem in their communities.
SEC. 122. DRUG-FREE COMMUNITIES SUPPORT PROGRAM.
(a) Extension and Increase of Program.--Section 1024(a) of the
National Narcotics Leadership Act of 1988 (21 U.S.C. 1524(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) $46,000,000 for fiscal year 2003;
``(7) $48,500,000 for fiscal year 2004;
``(8) $51,000,000 for fiscal year 2005;
``(9) $53,500,000 for fiscal year 2006; and
``(10) $56,000,000 for fiscal year 2007.''.
(b) Extension of Limitation on Administrative Costs.--Section
1024(b) of that Act (21 U.S.C. 1524(b)) is amended by adding at the end
the following new paragraph:
``(6) 8 percent for each of fiscal years 2003 through
2007.''.
(c) Modification of Eligibility Criteria or Amount for Grant
Renewals.--Section 1032 of that Act (21 U.S.C. 1532) is amended by
adding at the end the following new subsection:
``(c) Modification of Eligibility Criteria or Amount for Grant
Renewals.--The Administrator may not implement any modification in the
criteria for eligibility for the renewal of a grant under this section,
or any modification in grant amount upon renewal of a grant under this
section, until one year after the date on which the Administrator
notifies the recipient of the grant concerned of such modification.''.
(d) Source of Funds for Evaluation of Program by Administrator.--
Section 1033(b) of that Act (21 U.S.C. 1533(b)) is amended by adding at
the end the following new paragraph:
``(3) Source of funds for evaluation of program.--Amounts
for activities under paragraph (2)(B) shall be derived from
amounts under section 1024(a) that are available under section
1024(b) for administrative costs.''.
Subtitle C--Drug-Free Families
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ``Drug-Free Families Act of
2001''.
SEC. 132. FINDINGS.
Congress makes the following findings:
(1) The National Institute on Drug Abuse estimates that in
1962, less than 1 percent of the nation's adolescents had ever
tried an illicit drug. By 1979, drug use among young people had
escalated to the highest levels in history: 34 percent of
adolescents (ages 12-17), 65 percent of high school seniors
(age 18), and 70 percent of young adults (ages 18-25) had used
an illicit drug in their lifetime.
(2) Drug use among young people was not confined to initial
trials. By 1979, 16 percent of adolescents, 39 percent of high
school seniors, and 38 percent of young adults had used an
illicit drug in the past month. Moreover, 1 in 9 high school
seniors used marijuana daily.
(3) In 1979, the year the largest number of seniors used
marijuana, their belief that marijuana could hurt them was at
its lowest (35 percent) since surveys have tracked these
measures.
(4) Three forces appeared to be driving this escalation in
drug use among children and young adults. Between 1972 and
1978, a nationwide political campaign conducted by drug
legalization advocates persuaded 11 State legislatures to
``decriminalize'' marijuana. (Many of those States have
subsequently ``recriminalized'' the drug.) Such legislative
action reinforced advocates' assertion that marijuana was
``relatively harmless.''
(5) The decriminalization effort gave rise to the emergence
of ``head shops'' (shops for ``heads,'' or drug users--``coke
heads,'' ``pot heads,'' ``acid heads,'' etc.) which sold drug
paraphernalia--an array of toys, implements, and instructional
pamphlets and booklets to enhance the use of illicit drugs.
Some 30,000 such shops were estimated to be doing business
throughout the nation by 1978.
(6) In the absence of Federal funding for drug education
then, most of the drug education materials that were available
proclaimed that few illicit drugs were addictive and most were
``less harmful'' than alcohol and tobacco and therefore taught
young people how to use marijuana, cocaine, and other illicit
drugs ``responsibly''.
(7) Between 1977 and 1980, 3 national parent drug-
prevention organizations--National Families in Action, PRIDE,
and the National Federation of Parents for Drug-Free Youth (now
called the National Family Partnership)--emerged to help
concerned parents form some 4,000 local parent prevention
groups across the nation to reverse all of these trends in
order to prevent children from using drugs. Their work created
what has come to be known as the parent drug-prevention
movement, or more simply, the parent movement. This movement
set 3 goals: to prevent the use of any illegal drug, to
persuade those who had started using drugs to stop, and to
obtain treatment for those who had become addicted so that they
could return to drug-free lives.
(8) The parent movement pursued a number of objectives to
achieve these goals. First, it helped parents educate
themselves about the harmful effects of drugs, teach that
information to their children, communicate that they expected
their children not to use drugs, and establish consequences if
children failed to meet that expectation. Second, it helped
parents form groups with other parents to set common age-
appropriate social and behavioral guidelines to protect their
children from exposure to drugs. Third, it encouraged parents
to insist that their communities reinforce parents' commitment
to protect children from drug use.
(9) The parent movement stopped further efforts to
decriminalize marijuana, both in the States and at the Federal
level.
(10) The parent movement worked for laws to ban the sale of
drug paraphernalia. If drugs were illegal, it made no sense to
condone the sale of toys and implements to enhance the use of
illegal drugs, particularly when those products targeted
children. As town, cities, counties, and States passed anti-
paraphernalia laws, drug legalization organizations challenged
their Constitutionality in Federal courts until the early
1980's, when the United States Supreme Court upheld Nebraska's
law and established the right of communities to ban the sale of
drug paraphernalia.
(11) The parent movement insisted that drug-education
materials convey a strong no-use message in compliance with
both the law and with medical and scientific information that
demonstrates that drugs are harmful, particularly to young
people.
(12) The parent movement encouraged others in society to
join the drug prevention effort and many did, from First Lady
Nancy Reagan to the entertainment industry, the business
community, the media, the medical community, the educational
community, the criminal justice community, the faith community,
and local, State, and national political leaders.
(13) The parent movement helped to cause drug use among
young people to peak in 1979. As its efforts continued
throughout the next decade, and as others joined parents to
expand the drug-prevention movement, between 1979 and 1992
these collaborative prevention efforts contributed to reducing
monthly illicit drug use by two-thirds among adolescents and
young adults and reduced daily marijuana use among high-school
seniors from 10.7 percent to 1.9 percent. Concurrently, both
the parent movement and the larger prevention movement that
evolved throughout the 1980's, working together, increased high
school seniors' belief that marijuana could hurt them, from 35
percent in 1979 to 79 percent in 1991.
(14) Unfortunately, as drug use declined, most of the 4,000
volunteer parents groups that contributed to the reduction in
drug use disbanded, having accomplished the job they set out to
do. But the absence of active parent groups left a vacuum that
was soon filled by a revitalized drug-legalization movement.
Proponents began advocating for the legalization of marijuana
for medicine, the legalization of all Schedule I drugs for
medicine, the legalization of hemp for medicinal, industrial
and recreational use, and a variety of other proposals, all
designed to ultimately attack, weaken, and eventually repeal the
nation's drug laws.
(15) Furthermore, legalization proponents are also
beginning to advocate for treatment that maintains addicts on
the drugs to which they are addicted (heroin maintenance for
heroin addicts, controlled drinking for alcoholics, etc.), for
teaching school children to use drugs ``responsibly,'' and for
other measures similar to those that produced the drug epidemic
among young people in the 1970's.
(16) During the 1990's, the message embodied in all of this
activity has once again driven down young people's belief that
drugs can hurt them. As a result, the reductions in drug use
that occurred over 13 years reversed in 1992, and adolescent
drug use has more than doubled.
(17) In 1970, 40.5 percent of women in the workforce were
married. By 1997, that percentage has climbed to 61.6 percent,
meaning fewer parents have time to volunteer. Many families are
headed by single parents. In some families no parents are
available, and grandparents, aunts, uncles, or foster parents
are raising the family's children.
(18) Recognizing that these challenges make it much more
difficult to reach parents today, several national parent and
family drug-prevention organizations have formed the Parent
Collaboration to address these issues in order to build a new
parent and family movement to prevent drug use among children.
(19) Motivating parents and parent groups to coordinate
with local community anti-drug coalitions is a key goal of the
Parent Collaboration, as well as coordinating parent and family
drug-prevention efforts with Federal, State, and local
governmental and private agencies and political, business,
medical and scientific, educational, criminal justice,
religious, and media and entertainment industry leaders.
SEC. 133. PURPOSES.
The purposes of this subtitle are to--
(1) build a movement to help parents and families prevent
drug use among their children and adolescents;
(2) help parents and families reduce drug abuse and drug
addiction among adolescents who are already using drugs, and
return them to drug-free lives;
(3) increase young people's perception that drugs are
harmful to their health, well-being, and ability to function
successfully in life;
(4) help parents and families educate society that the best
way to protect children from drug use and all of its related
problems is to convey a clear, consistent, no-use message;
(5) strengthen coordination, cooperation, and collaboration
between parents and families and all others who are interested
in protecting children from drug use and all of its related
problems;
(6) help parents strengthen their families, neighborhoods,
and school communities to reduce risk factors and increase
protective factors to ensure the healthy growth of children;
and
(7) provide resources in the fiscal year 2002 Federal drug
control budget for a grant to the Parent Collaboration to
conduct a national campaign to mobilize today's parents and
families through the provision of information, training,
technical assistance, and other services to help parents and
families prevent drug use among their children and to build a
new parent and family drug-prevention movement.
SEC. 134. DEFINITIONS.
In this subtitle:
(1) Administrative costs.--The term ``administrative
costs'' means those costs that the assigned Federal agency will
incur to administer the grant to the Parent Collaboration.
(2) No-use message.--The term ``no-use message'' means a
message advocating no use of any illegal drug and no illegal
use of any legal drug or substance that is sometimes used
illegally, such as prescription drugs, inhalants, and alcohol
and tobacco for children and adolescents under the legal
purchase age.
(3) Parent collaboration.--The term ``Parent
Collaboration'' means a legal entity, that is exempt from
income taxation under section 501(c)(3) of the Internal Revenue
Code of 1986, and is created by 3 or more groups that--
(A) have a primary mission of helping parents
prevent drug use, drug abuse, and drug addiction among
their children, their families, and their communities;
(B) have carried out this mission for a minimum of
5 consecutive years; and
(C) base their drug-prevention missions on the
foundation of a strong, no-use message in compliance
with international, Federal, State, and local treaties
and laws that prohibit the possession, production,
cultivation, distribution, sale, and trafficking in
illegal drugs;
in order to build a new parent and family movement to prevent
drug use among children and adolescents.
SEC. 135. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT PROGRAM.
(a) In General.--The Attorney General shall make a grant to the
Parents Collaboration to conduct a national campaign to build a new
parent and family movement to help parents and families prevent drug
abuse among their children.
(b) Termination.--The period of the grant under this section shall
be 5 years.
SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle, $5,000,000 for each of fiscal years 2002 through
2006 for a grant to the Parent Collaboration to conduct the national
campaign to mobilize parents and families.
(b) Administrative Costs.--Not more than 5 percent of the total
amount made available under subsection (a) in each fiscal year may be
used to pay administrative costs of the Parent Collaboration.
Subtitle D--National Community Antidrug Coalition Institute
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ``National Community Antidrug
Coalition Institute Act of 2001''.
SEC. 142. ESTABLISHMENT.
(a) In General.--The Director of the Office of National Drug
Control Policy may make grants to an organization to provide for the
establishment of a National Community Antidrug Coalition Institute.
(b) Requirements.--The organization receiving a grant under
subsection (a) shall--
(1) be a national nonprofit organization that represents,
provides technical assistance and training to, and has special
expertise and broad, national-level experience in community
anti-drug coalitions; and
(2) establish a National Community Antidrug Coalition
Institute that will--
(A) provide education, training, and technical
assistance for coalition leaders and community teams;
(B) conduct evaluation, testing, and diffusion of
tools, mechanisms, and measures to better assess and
document coalition performance measures and outcomes;
and
(C) bridge the gap between research and practice by
translating knowledge from research into practical
information.
(c) Discharge of Responsibilities.--The Director may employ such
staff and enter into such contracts and agreements, including
agreements or memoranda of understanding with other governmental
agencies, as the Director considers appropriate for purposes of making
grants under this section and otherwise carrying out the
responsibilities of the Director under this subtitle.
SEC. 143. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $2,000,000 for each of
fiscal years 2002 and 2003 for purposes of making grants as provided in
section 142.
TITLE II--DOMESTIC LAW ENFORCEMENT
Subtitle A--National Guard Matters
SEC. 201. MINIMUM NUMBER OF MEMBERS OF THE NATIONAL GUARD ON DUTY TO
PERFORM DRUG INTERDICTION OR COUNTER-DRUG ACTIVITIES.
(a) Findings.--Congress makes the following findings regarding
members of the National Guard who participate in drug interdiction and
counter-drug activities of the National Guard:
(1) Such members have significantly higher rates of
attendance at inactive duty training and annual training than
members of the National Guard who do not participate in such
activities.
(2) Such members attend significantly more military
training than members of the National Guard who do not
participate in such activities, thereby putting such members at
a higher state of military readiness.
(3) Such members attend significantly more non-military
training designed to enhance support of law enforcement and
community-based agencies than members of the National Guard who
do not participate in such activities.
(4) Such members are above-average soldiers and airmen who
maintain a high level of individual combat readiness.
(5) This high level of individual combat readiness has a
positive effect on individual combat readiness in the National
Guard as a whole and contributes to the success of unit
training and evaluations and unit readiness.
(6) Such members evoke positive comments regarding their
qualifications and performance in the National Guard.
(b) Minimum Number of Members on Duty.--Section 112(f) of title 32,
United States Code, is amended--
(1) by striking ``End Strength Limitation.--(1) Except as
provided in paragraph (2), at the end of a fiscal year there
may not be more than 4000 members'' and inserting ``Minimum
Number of Members on Duty Performing Activities.--(1) At the
end of a fiscal year there may not be less than 4,000
members'';
(2) by striking paragraph (2); and
(3) by adding at the end the following new paragraph (2):
``(2) The President may waive the minimum in paragraph (1) in the
event that the armed forces are involved in hostilities or that
imminent involvement by the armed forces in hostilities is clearly
indicated by the circumstances.''.
(c) Applicability.--The amendments made by subsection (b) shall
take effect on October 1, 2001, and shall apply with respect to fiscal
years ending after that date.
SEC. 202. NATIONAL GUARD COUNTERDRUG SCHOOLS.
(a) Authority To Operate.--Under such regulations as the Secretary
of Defense may prescribe, the Chief of the National Guard Bureau may
establish and operate not more than five schools (to be known generally
as ``National Guard counterdrug schools'') for the provision by the
National Guard of training in drug interdiction and counter-drug
activities, and drug demand reduction activities, to the personnel of
the following:
(1) Federal agencies.
(2) State and local law enforcement agencies.
(3) Community-based organizations engaged in such
activities.
(4) Other non-Federal governmental and private entities and
organizations engaged in such activities.
(b) Counterdrug Schools Specified.--The National Guard counterdrug
schools operated under the authority in subsection (a) are as follows:
(1) The National Interagency Civil-Military Institute
(NICI), San Luis Obispo, California.
(2) The Multi-Jurisdictional Counterdrug Task Force
Training (MCTFT), St. Petersburg, Florida.
(3) The Midwest Counterdrug Training Center (MCTC), to be
established in Johnston, Iowa.
(4) The Regional Counterdrug Training Academy (RCTA),
Meridian, Mississippi.
(5) The Northeast Regional Counterdrug Training Center
(NCTC), Fort Indiantown Gap, Pennsylvania.
(c) Use of National Guard Personnel.--(1) To the extent provided
for in the State drug interdiction and counter-drug activities plan of
a State in which a National Guard counterdrug school is located,
personnel of the National Guard of that State who are ordered to
perform full-time National Guard duty authorized under section 112(b)
of title 32, United States Code, may provide training referred to in
subsection (a) at that school.
(2) In this subsection, the term ``State drug interdiction and
counter-drug activities plan'', in the case of a State, means the
current plan submitted by the Governor of the State to the Secretary of
Defense under section 112 of title 32, United States Code.
(d) Annual Reports on Activities.--(1) Not later than February 1,
2002, and annually thereafter, the Secretary of Defense shall submit to
Congress a report on the activities of the National Guard counterdrug
schools.
(2) Each report under paragraph (1) shall set forth the following:
(A) The amount made available for each National Guard
counterdrug school during the fiscal year ending in the year
preceding the year in which such report is submitted.
(B) A description of the activities of each National Guard
counterdrug school during the year preceding the year in which
such report is submitted.
(3) The report under paragraph (1) in 2002 shall set forth, in
addition to the matters described in paragraph (2), a description of
the activities relating to the establishment of the Midwest Counterdrug
Training Center in Johnston, Iowa.
(e) Authorization of Appropriations.--(1) There is hereby
authorized to be appropriated for the Department of Defense for the
National Guard for fiscal year 2002, $25,000,000 for purposes of the
National Guard counterdrug schools in that fiscal year.
(2) The amount authorized to be appropriated by paragraph (1) is in
addition to any other amount authorized to be appropriated for the
Department of Defense for the National Guard for fiscal year 2002.
(f) Availability of Funds.--(1) Of the amount authorized to be
appropriated by subsection (e)(1)--
(A) $4,000,000 shall be available for the National
Interagency Civil-Military Institute, San Luis Obispo,
California;
(B) $8,000,000 shall be available for the Multi-
Jurisdictional Counterdrug Task Force Training, St. Petersburg,
Florida;
(C) $3,000,000 shall be available for the Midwest
Counterdrug Training Center, Johnston, Iowa;
(D) $5,000,000 shall be available for the Regional
Counterdrug Training Academy, Meridian, Mississippi; and
(E) $5,000,000 shall be available for the Northeast
Regional Counterdrug Training Center, Fort Indiantown Gap,
Pennsylvania.
(2) Amounts available under paragraph (1) shall remain available
until expended.
(g) Funding for Fiscal Years After Fiscal Year 2002.--(1) The
budget of the President that is submitted to Congress under section
1105 of title 31, United States Code, for any fiscal year after fiscal
year 2002 shall set forth as a separate budget item the amount
requested for such fiscal year for the National Guard counterdrug
schools.
(2) It is the sense of Congress that--
(A) the amount authorized to appropriated for the National
Guard counterdrug schools for any fiscal year after fiscal year
2002 should not be less than the amount authorized to be
appropriated for those schools for fiscal year 2002 by
subsection (e)(1), in constant fiscal year 2002 dollars; and
(B) the amount made available to each National Guard
counterdrug school for any fiscal year after fiscal year 2002
should not be less than the amount made available for such
school for fiscal year 2002 by subsection (f)(1), in constant
fiscal year 2002 dollars, except that the amount made available
for the Midwest Counterdrug Training School should not be less
than $5,000,000, in constant fiscal year 2002 dollars.
Subtitle B--Customs Matters
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Customs Authorization Act of
2001''.
PART I--AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES CUSTOMS
SERVICE FOR ENHANCED INSPECTION, TRADE FACILITATION, AND DRUG
INTERDICTION
SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
(a) Drug Enforcement and Other Noncommercial Operations.--
Subparagraphs (A) and (B) of section 301(b)(1) of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1))
are amended to read as follows:
``(A) $1,029,608,384 for fiscal year 2002.
``(B) $1,111,450,668 for fiscal year 2003.''.
(b) Commercial Operations.--Clauses (i) and (ii) of section
301(b)(2)(A) of such Act (19 U.S.C. 2075(b)(2)(A)) are amended to read
as follows:
``(i) $1,251,794,435 for fiscal year 2002.
``(ii) $1,348,676,435 for fiscal year
2003.''.
(c) Air and Marine Interdiction.--Subparagraphs (A) and (B) of
section 301(b)(3) of such Act (19 U.S.C. 2075(b)(3)) are amended to
read as follows:
``(A) $229,001,000 for fiscal year 2002.
``(B) $176,967,000 for fiscal year 2003.''.
(d) Submission of Budget Projections.--Section 301(a) of such Act
(19 U.S.C. 2075(a)) is amended by adding at the end the following:
``(3) By no 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 Appropriations and the Committee on Ways and
Means of the House of Representatives and the Committee on
Appropriations and the Committee on Finance of the Senate the
budget request submitted to the Secretary of the Treasury
estimating the amount of funds for that fiscal year that will
be necessary for the operations of the Customs Service as
provided for in subsection (b).''.
(e) Authorization of Appropriations for Modernizing Customs Service
Computer Systems.--
(1) Establishment of automation modernization working
capital fund.--There is established within the United States
Customs Service an Automation Modernization Working Capital
Fund (in this section referred to as the ``Fund''). The Fund
shall consist of the amounts authorized to be appropriated
under paragraph (2) and shall be available as follows:
(A) To implement a program for modernizing the
Customs Service computer systems.
(B) To maintain the existing computer systems of
the Customs Service until a modernized computer system
is fully implemented.
(C) For related computer system modernization
activities of the Customs Service.
(2) Authorization of appropriations.--There are authorized
to be appropriated for the Fund $242,000,000 for fiscal year
2002 and $336,000,000 for fiscal year 2003. The amounts
authorized to be appropriated under this paragraph shall remain
available until expended.
(3) Report and audit.--
(A) Report.--The Commissioner of Customs shall, not
later than March 31 and September 30 of each year,
submit to the Comptroller General of the United States,
the Committee on Appropriations and the Committee on
Ways and Means of the House of Representatives and the
Committee on Appropriations and the Committee on
Finance of the Senate a report on the progress being
made in the modernization of the Customs Service
computer systems. Each such report shall--
(i) include explicit criteria used to
identify, evaluate, and prioritize investments
for computer systems modernization planned for
the Customs Service for each of fiscal years
2002 through 2006;
(ii) provide a schedule for mitigating any
deficiencies identified by the Comptroller
General and for developing and implementing all
computer systems modernization projects;
(iii) provide a plan for expanding the
utilization of private sector sources for the
development and integration of computer
systems; and
(iv) contain timely schedules and resource
allocations for implementing the modernization
of the Customs Service computer systems.
(B) Audit.--Not later than 30 days after a report
described in subparagraph (A) is received, the
Comptroller General shall audit the report and shall
provide the results of the audit to the Commissioner of
Customs, the Committee on Appropriations and the
Committee on Ways and Means of the House of
Representatives, and the Committee on Appropriations
and the Committee on Finance of the Senate.
(C) Cessation of report.--No report is required
under this paragraph after September 30, 2006.
SEC. 222. CARGO INSPECTION AND NARCOTICS DETECTION EQUIPMENT FOR THE
UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA BORDER,
AND FLORIDA AND GULF COAST SEAPORTS; INTERNAL MANAGEMENT
IMPROVEMENTS.
(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 221(a) of this Act, $118,936,000 shall be available until
expended for acquisition and other expenses associated with
implementation and deployment of narcotics detection equipment along
the United States-Mexico border, the United States-Canada border, and
Florida and the Gulf Coast seaports, and for internal management
improvements as follows:
(1) United states-mexico border.--For the United States-
Mexico border, the following amounts shall be available:
(A) $6,000,000 for 8 Vehicle and Container
Inspection Systems (VACIS).
(B) $11,000,000 for 5 mobile truck x-rays with
transmission and backscatter imaging.
(C) $12,000,000 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.
(S) $1,000,000 for a demonstration site for a high-
energy relocatable rail car inspection system with an
x-ray source switchable from 2,000,000 electron volts
(2-MeV) to 6,000,000 electron volts (6-MeV) at a shared
Department of Defense testing facility for a two-month
testing period.
(T) $2,500,000 for a demonstration project for
passive detection technology.
(2) United states-canada border.--For the United States-
Canada border, the following amounts shall be available:
(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.
(H) $600,000 for 30 fiber optic scopes.
(I) $250,000 for 50 portable contraband detectors
(busters) to be distributed among ports where the
current allocations are inadequate.
(J) $3,000,000 for 10 x-ray vans with particle
detectors.
(K) $40,000 for 8 AM loop radio systems.
(L) $400,000 for 100 vehicle counters.
(M) $1,200,000 for 12 examination tool trucks.
(N) $2,400,000 for 3 dedicated commuter lanes.
(O) $1,050,000 for 3 automated targeting systems.
(P) $572,000 for 26 weigh-in-motion sensors.
(Q) $480,000 for 20 portable Treasury Enforcement
Communication Systems (TECS).
(3) Florida and gulf coast seaports.--For Florida and the
Gulf Coast seaports, the following amounts shall be available:
(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.
(4) Internal management improvements.--For internal
management improvements, the following amounts shall be
available:
(A) $2,500,000 for automated systems for management
of internal affairs functions.
(B) $700,000 for enhanced internal affairs file
management systems.
(C) $2,700,000 for enhanced financial asset
management systems.
(D) $6,100,000 for enhanced human resources
information system to improve personnel management.
(E) $2,700,000 for new data management systems for
improved performance analysis, internal and external
reporting, and data analysis.
(F) $1,700,000 for automation of the collection of
key export data as part of the implementation of the
Automated Export system.
(b) Textile Transshipment.--Of the amounts made available for
fiscal years 2002 and 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 221(a) of this Act, $3,364,435
shall be available for each such fiscal year for textile transshipment
enforcement.
(c) 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 221(a) of this Act, $9,923,500 shall be available for the
maintenance and support of the equipment and training of personnel to
maintain and support the equipment described in subsection (a).
(d) 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 221(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) is technologically equivalent to the equipment
described in subsection (a) and 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 25 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 (Q) of subsection (a)(2) for equipment
specified in any other of such subparagraphs (A)
through (Q); 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. 223. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT FOR THE
UNITED STATES-MEXICO AND UNITED STATES-CANADA BORDERS,
FLORIDA AND GULF COAST SEAPORTS, AND THE BAHAMAS.
(a) In General.--Of the amounts made available for fiscal years
2002 and 2003 under subparagraphs (A) and (B) of section 301(b)(1) of
the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(1)), as amended by section 221(a) of this Act, $181,864,800 for
fiscal year 2002 (including $5,673,600 until expended for investigative
equipment) and $230,983,340 for fiscal year 2003 shall be available for
the following:
(1) A net increase of 535 inspectors, 120 special agents,
and 10 intelligence analysts for the United States-Mexico
border, and 375 inspectors for the United States-Canada border,
in order to open all primary lanes on such borders during peak
hours and enhance investigative resources.
(2) A net increase of 285 inspectors and canine enforcement
officers to be distributed at large cargo facilities as needed
to process and screen cargo (including rail cargo) and reduce
commercial waiting times on the United States-Mexico border and
a net increase of 125 inspectors to be distributed at large
cargo facilities as needed to process and screen cargo
(including rail cargo) and reduce commercial waiting times on
the United States-Canada border.
(3) A net increase of 40 special agents and 10 intelligence
analysts to facilitate the activities of the additional
inspectors authorized under paragraphs (1) and (2).
(4) A net increase of 40 inspectors at sea ports in
southeast Florida to process and screen cargo.
(5) A net increase of 70 special agent positions, 23
intelligence analyst positions, 9 support staff positions, and
the necessary equipment to enhance investigation efforts
targeted at internal conspiracies at the Nation's seaports.
(6) A net increase of 360 special agents, 30 intelligence
analysts, and additional resources to be distributed among
offices that have jurisdiction over major metropolitan drug or
narcotics distribution and transportation centers for
intensification of efforts against drug smuggling and money-
laundering organizations.
(7) A net increase of 2 special agent positions to re-
establish a Customs Attache office in Nassau.
(8) A net increase of 62 special agent positions and 8
intelligence analyst positions for maritime smuggling
investigations and interdiction operations.
(9) A net increase of 50 positions and additional resources
to the Office of Internal Affairs to enhance investigative
resources for anticorruption efforts.
(10) The costs incurred as a result of the increase in
personnel hired pursuant to this section.
(b) Relocation of Personnel.--Notwithstanding any other provision
of this section, the Commissioner of Customs may reduce the amount of
additional personnel provided for in any of paragraphs (1) through (9)
of subsection (a) by not more than 25 percent, if the Commissioner of
Customs makes a corresponding increase in the personnel provided for in
one or more of such paragraphs (1) through (9).
(c) Net Increase.--In this section, the term ``net increase'' means
an increase in the number of employees in each position described in
this section over the number of employees in each such position that
was provided for in fiscal year 2000.
SEC. 224. AGENT ROTATIONS; ELIMINATION OF BACKLOG OF BACKGROUND
INVESTIGATIONS.
Of the amounts made available for fiscal years 2002 and 2003 under
subparagraphs (A) and (B) of section 301(b)(1) of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(1)), as amended by section 221(a) of this Act, $16,000,000 for
fiscal year 2002 (including $10,000,000 until expended) and $6,000,000
for fiscal year 2003 shall be available to--
(1) provide additional funding to clear the backlog of
existing background investigations and to provide for
background investigations during extraordinary recruitment
activities of the agency; and
(2) provide for the interoffice transfer of up to 100
special agents, including costs related to relocations, between
the Office of Investigations and Office of Internal Affairs, at
the discretion of the Commissioner of Customs.
SEC. 225. AIR AND MARINE OPERATION AND MAINTENANCE FUNDING.
(a) Fiscal Year 2002.--Of the amounts made available for fiscal
year 2002 under subparagraphs (A) and (B) of section 301(b)(3) of the
Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(3)), as amended by section 221(c) of this Act, $130,513,000
shall be available until expended for the following:
(1) $96,500,000 for Customs Service aircraft restoration
and replacement initiative.
(2) $15,000,000 for increased air interdiction and
investigative support activities.
(3) $19,013,000 for marine vessel replacement and related
equipment.
(b) Fiscal Year 2003.--Of the amounts made available for fiscal
year 2003 under subparagraphs (A) and (B) of section 301(b)(3) of the
Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(3)) as amended by section 221(c) of this Act, $75,524,000 shall
be available until expended for the following:
(1) $36,500,000 for Customs Service aircraft restoration
and replacement.
(2) $15,000,000 for increased air interdiction and
investigative support activities.
(3) $24,024,000 for marine vessel replacement and related
equipment.
SEC. 226. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.
(a) In General.--As part of the annual performance plan for each of
fiscal years 2002 and 2003, as required under section 1115 of title 31,
United States Code, the Commissioner of Customs shall evaluate the
benefits of the activities authorized to be carried out pursuant to
sections 222 through 225 of this Act.
(b) Enforcement Performance Measures.--The Commissioner of Customs
is authorized to contract for the review and assessment of enforcement
performance goals and indicators required by section 1115 of title 31,
United States Code, with experts in the field of law enforcement, from
academia, and from the research community. Any contract for review or
assessment conducted pursuant to this subsection shall provide for
recommendations of additional measures that would improve the
enforcement strategy and activities of the Customs Service.
(c) Report to Congress.--The Commissioner of Customs shall submit
any assessment, review, or report provided for under this section to
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives.
SEC. 227. REPORT ON INTELLIGENCE REQUIREMENTS.
The Commissioner of Customs shall, not later than one year of the
date of the enactment of this Act, submit to the Committee on Finance
of the Senate and the Committee on Ways and Means of the House of
Representatives a report containing the following:
(1) An assessment of the intelligence-gathering and
information-gathering capabilities and needs of the Customs
Service.
(2) An assessment of the impact of any limitations on the
intelligence-gathering and information-gathering capabilities
necessary for adequate enforcement of the customs laws of the
United States and other laws enforced by the Customs Service.
(3) The Commissioner's recommendations for improving the
intelligence-gathering and information-gathering capabilities
of the Customs Service.
PART II--CUSTOMS MANAGEMENT
SEC. 231. TERM AND SALARY OF THE COMMISSIONER OF CUSTOMS.
(a) Term.--
(1) General requirements.--The first section of the Act
entitled ``An Act to create a Bureau of Customs and a Bureau of
Prohibition in the Department of the Treasury'', approved March
3, 1927 (19 U.S.C. 2071), is amended--
(A) by striking ``There shall be'' and inserting
``(a) In General.--There shall be'';
(B) in the second sentence--
(i) by inserting ``for a term of 5 years''
after ``Senate'';
(ii) by striking ``and'' at the end of
paragraph (2);
(iii) by striking the period at the end of
paragraph (3) and inserting ``; and''; and
(iv) by adding at the end the following new
paragraph:
``(4) have demonstrated ability in management.''; and
(C) by adding at the end the following:
``(b) Vacancy.--Any individual appointed to fill a vacancy in the
position of Commissioner occurring before the expiration of the term
for which the individual's predecessor was appointed shall be appointed
only for the remainder of that term.
``(c) Removal.--The Commissioner may be removed at the will of the
President.
``(d) Reappointment.--The Commissioner may be appointed to more
than one 5-year term.''.
(2) Current office holder.-- In the case of an individual
serving as the Commissioner of Customs on the date of the
enactment of this Act, who was appointed to such position
before such date, the 5-year term required by the first section
of the Act entitled ``An Act to create a Bureau of Customs
and a Bureau of Prohibition in the Department of the Treasury'', as
amended by this section, shall begin as of the date of such
appointment.
(b) Salary.--
(1) In general.--
(A) Section 5315 of title 5, United States Code, is
amended by striking the following item:
``Commissioner of Customs, Department of the Treasury.''.
(B) Section 5314 of title 5, United States Code, is
amended by inserting at the end the following item:
``Commissioner of Customs, Department of the Treasury.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2001.
SEC. 232. INTERNAL COMPLIANCE.
(a) Establishment of Internal Compliance Program.--The Commissioner
of Customs shall--
(1) establish, within the Office of Internal Affairs, a
program of internal compliance designed to enhance the
performance of the basic mission of the Customs Service to
ensure compliance with all applicable laws and, in particular,
with the implementation of title VI of the North American Free
Trade Agreement Implementation Act (commonly referred to as the
``Customs Modernization Act'');
(2) institute a program of ongoing self-assessment and
conduct a review on an annual basis of the performance of all
core functions of the Customs Service;
(3) identify deficiencies in the current performance of the
Customs Service with respect to commercial operations,
enforcement, and internal management and propose specific
corrective measures to address such concerns; and
(4) not later than 6 months after the date of the enactment
of this Act, and annually thereafter, submit to the Committee
on Finance of the Senate and the Committee on Ways and Means of
the House of Representatives a report on the programs and
reviews conducted under this subsection.
(b) Evaluation and Report on Best Practices.--The Commissioner of
Customs shall, as part of the development of an improved system of
internal compliance, initiate a review of current best practices in
internal compliance programs among government agencies and private
sector organizations and, not later than 18 months after the date of
the enactment of this Act, report on the results of the review to the
Committee on Governmental Affairs and the Committee on Finance of the
Senate and the Committee on Government Reform and the Committee on Ways
and Means of the House of Representatives.
(c) Review by Inspector General.--The Inspector General of the
Department of the Treasury shall review and audit the implementation of
the programs described in subsection (a) as part of the Inspector
General's report required under the Inspector General Act of 1978 (5
U.S.C. App).
SEC. 233. REPORT ON PERSONNEL FLEXIBILITY.
Not later than 6 months after the date of the enactment of this
Act, the Commissioner of Customs shall submit to the Committee on
Governmental Affairs and the Committee on Finance of the Senate and the
Committee on Government Reform and the Committee on Ways and Means of
the House of Representatives a report on the Commissioner's
recommendations for modifying existing personnel rules to permit more
effective management of the resources of the Customs Service and for
improving the ability of the Customs Service to fulfill its mission.
The report shall also include an analysis of why the flexibility
provided under existing personnel rules is insufficient to meet the
needs of the Customs Service.
SEC. 234. REPORT ON PERSONNEL ALLOCATION MODEL.
Not later than 6 months after the date of the enactment of this
Act, the Commissioner of Customs shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report on the following:
(1) The resources and personnel requirements under the
personnel allocation model under development in the Customs
Service.
(2) The implementation of the personnel allocation model.
SEC. 235. REPORT ON DETECTION AND MONITORING REQUIREMENTS ALONG THE
SOUTHERN TIER AND NORTHERN BORDER.
Not later than 6 months after the date of the enactment of this
Act, the Commissioner of Customs shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report on the requirements of the Customs Service
for counterdrug detection and monitoring of the arrival zones along the
southern tier and northern border of the United States. The report
shall include an assessment of--
(1) the performance of existing detection and monitoring
equipment, technology, and personnel;
(2) any gaps in radar coverage of the arrival zones along
the southern tier and northern border of the United States; and
(3) any limitations imposed on the enforcement activities
of the Customs Service as a result of the reliance on detection
and monitoring equipment, technology, and personnel operated
under the auspices of the Department of Defense.
PART III--MARKING VIOLATIONS
SEC. 241. CIVIL PENALTIES FOR MARKING VIOLATIONS.
Section 304(l) of the Tariff Act of 1930 (19 U.S.C. 1304(l)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``Any person'' and inserting ``(1) In
general.--Any person'';
(3) by moving the remaining text 2 ems to the right; and
(4) by adding at the end the following new paragraph:
``(2) Civil penalties.--Any person who defaces, destroys,
removes, alters, covers, obscures, or obliterates any mark
required under this section shall be liable for a civil penalty
of not more than $10,000 for each violation. The civil penalty
imposed under this subsection shall be in addition to any
marking duties owed under subsection (i).''.
Subtitle C--Miscellaneous
SEC. 251. TETHERED AEROSTAT RADAR SYSTEM.
(a) Findings.--Congress makes the following findings:
(1) Drug traffickers exploit openings in the United States
detection and monitoring network. Tethered Aerostat Radar
Systems (TARS) are a critical element in closing potential
routes for drug smuggling.
(2) The Tethered Aerostat Radar System, a network of 11
radar sites, serves as an important component of the
counterdrug mission of the United States by providing low
altitude radar surveillance, detection, and monitoring
capabilities to military and law enforcement entities. Failure
to operate the TARS system results in a degraded counterdrug
capability for the United States.
(3) Most of the illicit drugs consumed in the United States
enter the country over the Southwest, Gulf of Mexico, or
Florida borders. The United States will not have complete
coastal radar coverage to combat counterdrug threats unless the
entire Tethered Aerostat Radar System network is standardized
and maintained, including the Tethered Aerostat Radar System
sites in Matagorda, Texas, Morgan City, Louisiana, and
Horseshoe Beach, Florida.
(4) The Department of Defense, the lead Federal agency for
detection and monitoring, is responsible for fulfilling the
surveillance, detection, and monitoring mission in support of
counterdrug operations.
(5) The Department of Defense's current budget allocation
for the Tethered Aerostat Radar System is inadequate. At
present, 3 sites are not in operation because of the expiration
of their life cycle.
(b) Responsibility for Tethered Aerostat Radar System.--The
Secretary of Defense shall take all necessary actions to ensure that
the 11 sites that comprise the Tethered Aerostat Radar System network
are placed under the policy direction of the Drug Enforcement Policy
and Support office of the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict.
(c) Limitation on Transfer.--The Secretary shall cease all
activities relating to the transfer of responsibility for the Tethered
Aerostat Radar System program to any entity outside the Department of
Defense.
(d) Report on Status.--(1) The Secretary shall annually submit to
the congressional defense committees and the United States Senate
Caucus on International Narcotics Control a report on the status of the
Tethered Aerostat Radar System network.
(2) In this subsection, the term ``congressional defense
committees'' means the following:
(A) The Committees on Armed Services and Appropriations of
the Senate.
(B) The Committees on Armed Services and Appropriations of
the House of Representatives.
(e) Authorization.--There is hereby authorized to be appropriated
for the requirements of the 11-site network of the Tethered Aerostat
Radar System, including standardization of the sites located along the
Gulf of Mexico of the United States, amounts as follows:
(1) For fiscal year 2002, $76,000,000.
(2) For fiscal year 2003, $48,500,000.
(2) For fiscal year 2004, $40,500,000.
(3) For fiscal year 2005, $44,700,000.
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