[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.
                                 <all>