[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 92 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 92
To authorize appropriations for the United States Customs Service for
fiscal years 2002 and 2003, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mr. Gramm (for himself, Mrs. Hutchison, Mr. Bingaman, Mr. Domenici, Mr.
Kyl, Mr. McCain, and Mrs. Boxer) introduced the following bill; which
was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To authorize appropriations for the United States Customs Service for
fiscal years 2002 and 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This act may be cited as the ``Drug Free Borders Act of 2001''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES CUSTOMS
SERVICE FOR ENHANCED INSPECTION, TRADE FACILITATION, AND DRUG
INTERDICTION
Sec. 101. Authorization of appropriations.
Sec. 102. Cargo inspection and narcotics detection equipment for the
United States-Mexico border, United States-
Canada border, and Florida and Gulf Coast
seaports, and Port Infrastructure
Improvements.
Sec. 103. Peak hours and investigative resource enhancement for the
United States-Mexico and United States-
Canada borders, Florida and Gulf Coast
seaports.
Sec. 104. Air and marine operation and maintenance funding.
Sec. 105. Compliance with performance plan requirements.
Sec. 106. Transfer of aerostats.
Sec. 107. Report on intelligence requirements.
TITLE II--CUSTOMS MANAGEMENT
Sec. 201. Term of the Commissioner of Customs.
Sec. 202. Internal compliance.
Sec. 203. Report on personnel flexibility.
Sec. 204. Report on detection and monitoring requirements along the
southern tier and northern border.
TITLE III--MARKING VIOLATIONS
Sec. 301. Civil penalties for marking violations.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES CUSTOMS
SERVICE FOR ENHANCED INSPECTION, TRADE FACILITATION, AND DRUG
INTERDICTION
SEC. 101. 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)
(A) and (B)) are amended to read as follows:
``(A) $1,241,000,000 for fiscal year 2002.
``(B) $1,231,000,000 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) (i) and (ii)) are
amended to read as follows:
``(i) $1,739,000,000 for fiscal year 2002.
``(ii) $1,725,000,000 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) (A) and (B)) are
amended to read as follows:
``(A) $495,000,000 for fiscal year 2002.
``(B) $772,000,000 for fiscal year 2003.''.
(d) Authorization of Appropriations for Customs Service Automation
Modernization.--There are authorized to be appropriated for the Fund
$460,000,000 for fiscal year 2002 and $490,000,000 for fiscal year
2003. The amounts authorized to be appropriated under this paragraph
shall remain available until expended.
SEC. 102. CARGO INSPECTION AND NARCOTICS DETECTION EQUIPMENT FOR THE
UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA BORDER,
AND FLORIDA AND GULF COAST SEAPORTS, AND PORT
INFRASTRUCTURE REQUIREMENTS.
(a) Fiscal Year 2002.--Of the amounts made available for fiscal
year 2002 under section 301(b)(1)(A) of the Customs Procedural Reform
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by
section 101(a) of this Act, $342,000,000 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) $4.6M for 4 Mobile Truck Gamma Ray Systems
(B) $26.6M for 14 High Energy Pallet Gamma-Ray
Systems
(C) $24.3M for 9 Higher Energy Truck X-Ray Upgrades
(D) $41.3M for Contract NII Equipment Operators
(E) $12M for NII Technology Maintenance
(F) $800,000 for expansion of Industry Partnership
Programs
(G) $1.6M for Canine Kennel Construction
(H) $500,000 for Replacement of Canines
(I) $1M for Automated Targeting Systems (Narcotics)
Maintenance
(J) $2.5M for 10 X-Ray Vans
(K) $1.5M for 15 Tool Trucks
(L) $3.5M for Refurbish/Maintain Existing X-Ray
Vans/Tool Trucks
(M) $600,000 for 50 Contraband Detection Kits
(N) $1M for 20 Remote Watch Surveillance Camera
Systems
(O) $1M for 40 Counter Spotter Surveillance Systems
(P) $2.5M for 10 Truck License Plate Reader Systems
(Q) $1.6M for 40 Narcotics Particle Detectors
(R) $14.8M for 29 Land Border Vehicle Targeting
Systems as follows
(S) $3.0M for 250 Under Vehicle Inspection Systems
(T) $1.5M for 5 Outbound Passenger Facilities/
Canopies
(U) $1.5M for 300 Work Station Replacements
(V) $3.5M for a 126 lane installation of Customs
Automated Operations System on the Southwest Border
(CAOS)
Total: $151.2M.
(2) United states-canada border.--
(A) $9.2M for 8 Mobile Vehicle and Container
Inspection System (VACIS)
(B) $3.6M for four 1-MeV pallet x-rays
(C) $250,000 for 50 Portable contraband detectors
(busters)
(D) $300,000 for 26 Contraband detection kits
(E) $240,000 for 10 portable Treasury Enforcement
Communications Systems (TECS) terminals
(F) $400,000 for 10 Narcotics vapor and particle
detectors
(G) $600,000 for 30 Fiber optic scopes
(H) $3M for 10 X-ray vans with particle detectors
(I) $8.0M for 80 Digital Video Security Systems
(J) $3.0M for 250 Under Vehicle Inspection Systems
(K) $7.0M for 140 Itemizer Explosive Particle
Detectors
(L) $5.0M for 50 Explosives Residue Access Control
Monitors
(M) $5.0M for 50 Portal Explosives Detector Systems
(N) $7.5M for 25 Radiation Detectors
(O) $11.1M for 130 Lighting Systems and 45 Barriers
(P) $2.4M for 8 Outbound Passenger Facilities/
Canopies
(Q) $1.2M for 4 Outbound Cargo Facilities without
HAZMAT Inspection Stations
(R) $2.0M for 4 Outbound Cargo Facilities with
HAZMAT Inspection Stations
(S) $2.0M for 56 Outbound License Plate Readers
(T) $0.7M Interface Unit for each Lane--for 56 LPRs
mentioned above
(U) $1.3M Installation--for 56 LPRs mentioned above
(V) $1.0M Site Preparation for 56 LPRs mentioned
above
(W) $3.0M for 125 Customs Automated Operations
Systems (CAOS)
(X) $7.5M for 125 License Plate Readers
(Y) $1.0M for 200 Work Station Replacements
Total: $86.29M.
(3) Equipment for both mexican and canadian border ports.--
(A) $19.3M for 584 Explosives Vapor Tracer
Detectors
(B) $1.4M for 1000 Pager Radiation Detectors
(C) $2.4M for 300 Radiation Identification Devices
(D) $0.6M for Radiation and Explosives Detection
Training
Total: $23.7M.
(4) Florida and gulf coast seaports.--
(A) $24M for 6 Sea Container X-Ray Systems
(B) $15.2M for 8 High Energy Pallet Gamma-Ray
Systems
Total: $39.2M.
(5) Interagency commission on crime and security in u.s.
seaports.--
(A) $9.2M for 8 Mobile Truck Gamma Ray Systems
(B) $2.8M for 12 X-Ray Vans
(C) $2.8M for 28 Tool Trucks
(D) $384,000 for 32 Contraband Detection Kits
(E) $1.5M for Port Security Equipment maintenance
Total $16.68M.
(6) Commercial airports.--
(A) $2.0M for 12 Body Scan Imaging Systems
(B) $7.7M for 9 Mobile X-Ray Service
(C) $6.0M for 6,666 Passport Readers
(D) $0.9M for 10 Live Scan fingerprint systems
Total: $16.6M.
(7) Winter olympics--salt lake city.--
(A) $2.3M for 1 LAN System upgrade
(B) $1.2M for 1 Mobile Truck Gamma Ray System
(C) $0.1M for 1 Tool Truck
(D) $3.0 M for 12 Mobile X-Ray Vans
(E) $1.2 M for 10 Mobile Pallet X-Ray Systems.
(F) $0.2 M for 200 Body Armor
(G) $0.1 M for 248 Cold Weather Gear. Will be
collected and sent to northern border ports after the
Winter Olympics games
Total $8.10M.
(b) Fiscal Year 2003.--Of the amounts made available for fiscal
year 2003 under section 301(b)(1)(B) of the Customs Procedural Reform
and Simplication Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by
section 101(a) of this Act, $51,000,000 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).
(c) Acquisition of Technologically Superior Equipment; Transfer of
Funds.--
(1) In general.--The Commissioner of Customs may use
amounts made available for fiscal year 2002 and 2003 under
section 301(b)(1)(A) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as
amended by section 101(a) of this Act, for the acquisition of
equipment other than the equipment described in subsection (a)
if such other equipment--
(A)(i) is technologically superior to the equipment
described in subsection (a); and
(ii) will achieve at least the same results at a
cost that is the same or less than the equipment
described in subsection (a); or
(B) 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 (V) of subsection (a)(1) for equipment
specified in any other of such subparagraphs (A)
through (V);
(B) the amount specified in any of subparagraphs
(A) through (Y) of subsection (a)(2) for equipment
specified in any other of such subparagraphs (A)
through (Y); and
(C) the amount specified in any of subparagraphs
(A) through (D) of subsection (a)(3) for equipment
specified in any other of such subparagraphs (A)
through (D)
(d) Customs Infrastructure Improvement Requirements.--For fiscal
year 2002 $393,000,000, and for fiscal year 2003 $393,000,000 is
authorized for to be appropriated until expended for the construction,
improvement and expansion of Customs Service facilities.
SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT FOR THE
UNITED STATES-MEXICO AND UNITED STATES-CANADA BORDERS,
FLORIDA AND GULF COAST SEAPORTS.
(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) (A) and (B)), as amended by section 101(a) of this Act,
$139,000,000 for fiscal year 2002 and $306,000,000 for fiscal year 2003
shall be available for the following:
(1) A net increase of $139,000,000 for 1,500 new positions
in fiscal year 2002 and $306,000,000 for 1,500 new positions in
fiscal year 2003 and the reoccurring costs of positions
authorized by this section for fiscal year 2002: Provided
further, That, in each of fiscal years 2002 and 2003 the new
positions authorized shall be distributed as follows: 877
positions are for the Southwest Border, 516 positions are for
the Northern Border, and 107 positions are for Florida and Gulf
Coast Seaports. Of the 1,500 new positions added in each of
fiscal years 2002 and 2003, 153 shall be for agents, 765 for
inspectors, and 96 for Canine Enforcement Officers, the balance
shall include those positions deemed necessary by the Customs
Service and will include among others, import specialists,
entry specialists, intelligence analysts, and other
administrative and support personnel.
(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.
SEC. 104. 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) (A) and (B)), as amended by section 101(c) of this Act,
$264,000,000 shall be available until expended for Phase One of the Air
and Marine Modernization Plan.
(b) Fisacl 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) (A) and (B)) as amended by section 101(c) of this Act,
$529,000,000 shall be available until expended for Phase Two of the Air
and Marine Modernization Plan.
SEC. 105. 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 102 through 105 of this Act.
(b) 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. 106. TRANSFER OF AEROSTATS.
(a) In General.--The President shall submit a plan for funding the
acquisition and operation by the Customs Service of tethered aerostat
radar systems currently operated by the Department of the Air Force and
scheduled for replacement in fiscal year 2002.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to permit the operation and
maintenance of the aerostat radar systems, after the systems are
transferred to the Customs Service.
SEC. 107. REPORT ON INTELLIGENCE REQUIREMENTS.
The Commissioner of Customs shall, not later than 1 year of the
date of enactment of this Act, provide the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives with--
(1) an assessment of the intelligence- and information-
gathering capabilities and needs of the Customs Service;
(2) the impact of any limitations on the intelligence and
information gathering capabilities necessary for adequate
enforcement of the customs laws of the United States and other
laws enforced by the Customs Service; and
(3) a report detailing the Commissioner's recommendations
for improving the agency's capabilities.
TITLE II--CUSTOMS MANAGEMENT
SEC. 201. TERM 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 senctence--
(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 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.
SEC. 202. INTERNAL COMPLIANCE.
(a) Establishiment 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) within 6 months of the date of enactment of this Act,
and annually thereafter, provide the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives with 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
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. 203. REPORT ON PERSONNEL FLEXIBILITY.
Not later than 6 months after the date of 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 Governmental 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. 204. REPORT ON DETECTION AND MONITORING REQUIREMENTS ALONG THE
SOUTHERN TIER AND NORTHERN BORDER.
Not later than 6 months after the date of enactment of this Act,
the Commissioner of Customs shall submit a report to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives regarding 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.
TITLE III--MARKING VIOLATIONS
SEC. 301. 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).
``Amend the title so as to read: `An Act to authorize
appropriations for the United States Customs Service, and for other
purposes.'.''.
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