[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.'.''.
                                 <all>