[House Report 107-482]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-482

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 3129, CUSTOMS BORDER SECURITY ACT 
                                OF 2001

                                _______
                                

May 22 (legislative day, May 21), 2002.--Referred to the House Calendar 
                       and ordered to be printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 426]

    The Committee on Rules, having had under consideration 
House Resolution 426, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3129, the 
Customs Border Security Act of 2001, under a structured rule. 
The rule provides one hour of general debate equally divided 
and controlled by the chairman and ranking minority member of 
the Committee on Ways and Means.
    The rule waives all points of order against consideration 
of the bill. The rule provides that it shall be in order to 
consider as an original bill for the purpose of amendment the 
amendment in the nature of a substitute recommended by the 
Committee on Ways and Means.
    The rule waives all points of order against the committee 
amendment in the nature of a substitute. The rule makes in 
order only those amendments printed in this report. The rule 
also provides that the amendments may be offered only in the 
order printed in this report, may be offered only by the Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The rule waives all points of order 
against the amendments printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order includes a waiver of 
section 311 of the Congressional Budget Act (prohibiting 
consideration of legislation or an amendment that would cause 
the total level of new budget authority or outlays in the most 
recent budget resolution to be exceeded or would cause revenues 
to be less).

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    Thomas--Manager's Amendment. Increases agency authorization 
funding levels at Section 101, 201, and 301 including earmark 
for resources at Northern Border at Section 131. [New section 
121] Extends authorization through 2004. Deletes Sections 121 
through 125 concerning Customs officer pay changes and 
renumbers. Adds new Section 127 to change Customs fees for 
couriers to a fixed fee structure. Adds new Section 129 to 
provide monthly billing to importers and to prohibit duty 
deferrals. Clarifies at Section 143 that advanced electronic 
manifest requirement applies only to inbound cargo. Adds 
provision to require sharing of information collected by 
Customs to other government agencies. Clarifies at Section 143 
that advanced information for passengers and crew is not 
intended to create new immigration requirements. Specifically, 
the Secretary can demand passport and visa information only if 
such a requirement to have a passport or visa already applies 
to the passenger or crew. (10 minutes)
    Rangel--Substitute. Amends Section 141, states that Customs 
inspectors are not liable for civil damages for suits brought 
in connection with a personal search. States that the U.S. 
Government consents to be sued, and be held liable for civil 
damages for suits brought in connection with a wrongful 
personal search. Deletes Section 144 on Border Search Authority 
for Outbound Mail. (60 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

 1. An Amendment To Be Offered by Representative Thomas of California, 
                or a Designee, Debatable for 10 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Customs Border Security Act of 
2002''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                 TITLE I--UNITED STATES CUSTOMS SERVICE

  Subtitle A--Drug Enforcement and Other Noncommercial and Commercial 
                               Operations

Sec. 101. Authorization of appropriations for noncommercial operations, 
          commercial operations, and air and marine interdiction.
Sec. 102. Antiterrorist and illicit narcotics detection equipment for 
          the United States-Mexico border, United States-Canada border, 
          and Florida and the Gulf Coast seaports.
Sec. 103. Compliance with performance plan requirements.

     Subtitle B--Child Cyber-Smuggling Center of the Customs Service

Sec. 111. Authorization of appropriations for program to prevent child 
          pornography/child sexual exploitation.

                  Subtitle C--Miscellaneous Provisions

Sec. 121. Additional Customs Service officers for United States-Canada 
          border.
Sec. 122. Study and report relating to personnel practices of the 
          Customs Service.
Sec. 123. Study and report relating to accounting and auditing 
          procedures of the Customs Service.
Sec. 124. Establishment and implementation of cost accounting system; 
          reports.
Sec. 125. Study and report relating to timeliness of prospective 
          rulings.
Sec. 126. Study and report relating to Customs user fees.
Sec. 127. Fees for Customs inspections at express courier facilities.
Sec. 128. National Customs Automation Program.

                  Subtitle D--Antiterrorism Provisions

Sec. 141. Immunity for United States officials that act in good faith.
Sec. 142. Emergency adjustments to offices, ports of entry, or staffing 
          of the Customs Service.
Sec. 143. Mandatory advanced electronic information for cargo and 
          passengers.
Sec. 144. Border search authority for certain contraband in outbound 
          mail.
Sec. 145. Authorization of appropriations for reestablishment of Customs 
          operations in New York City.

              Subtitle E--Textile Transshipment Provisions

Sec. 151. GAO audit of textile transshipment monitoring by Customs 
          Service.
Sec. 152. Authorization of appropriations for textile transshipment 
          enforcement operations.
Sec. 153. Implementation of the African Growth and Opportunity Act.

       TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Sec. 201. Authorization of appropriations.

         TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION

Sec. 301. Authorization of appropriations.

                    TITLE IV--OTHER TRADE PROVISIONS

Sec. 401. Increase in aggregate value of articles exempt from duty 
          acquired abroad by United States residents.
Sec. 402. Regulatory audit procedures.

                 TITLE I--UNITED STATES CUSTOMS SERVICE

  Subtitle A--Drug Enforcement and Other Noncommercial and Commercial 
                               Operations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL OPERATIONS, 
                    COMMERCIAL OPERATIONS, AND AIR AND MARINE 
                    INTERDICTION.

  (a) Noncommercial Operations.--Section 301(b)(1) of the 
Customs Procedural Reform and Simplification Act of 1978 (19 
U.S.C. 2075(b)(1)) is amended--
          (1) in subparagraph (A) to read as follows:
                  ``(A) $899,121,000 for fiscal year 2002.'';
          (2) in subparagraph (B) to read as follows:
                  ``(B) $1,365,456,000 for fiscal year 2003.''; 
                and
          (3) by adding at the end the following:
                  ``(C) $1,399,592,400 for fiscal year 2004.''.
  (b) Commercial Operations.--
          (1) In general.--Section 301(b)(2)(A) of the Customs 
        Procedural Reform and Simplification Act of 1978 (19 
        U.S.C. 2075(b)(2)(A)) is amended--
                  (A) in clause (i) to read as follows:
                  ``(i) $1,606,068,000 for fiscal year 2002.'';
                  (B) in clause (ii) to read as follows:
                  ``(ii) $1,642,602,000 for fiscal year 
                2003.''; and
                  (C) by adding at the end the following:
                  ``(iii) $1,683,667,050 for fiscal year 
                2004.''.
          (2) Automated commercial environment computer 
        system.--Of the amount made available for each of 
        fiscal years 2002 through 2004 under section 
        301(b)(2)(A) of the Customs Procedural Reform and 
        Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), 
        as amended by paragraph (1), $308,000,000 shall be 
        available until expended for each such fiscal year for 
        the development, establishment, and implementation of 
        the Automated Commercial Environment computer system.
          (3) Reports.--Not later than 90 days after the date 
        of the enactment of this Act, and not later than each 
        subsequent 90-day period, the Commissioner of Customs 
        shall prepare and submit to the Committee on Ways and 
        Means of the House of Representatives and the Committee 
        on Finance of the Senate a report demonstrating that 
        the development and establishment of the Automated 
        Commercial Environment computer system is being carried 
        out in a cost-effective manner and meets the 
        modernization requirements of title VI of the North 
        American Free Trade Agreement Implementation Act.
  (c) Air and Marine Interdiction.--Section 301(b)(3) of the 
Customs Procedural Reform and Simplification Act of 1978 (19 
U.S.C. 2075(b)(3)) is amended--
          (1) in subparagraph (A) to read as follows:
                  ``(A) $177,860,000 for fiscal year 2002.'';
          (2) in subparagraph (B) to read as follows:
                  ``(B) $170,829,000 for fiscal year 2003.''; 
                and
          (3) by adding at the end the following:
                  ``(C) $175,099,725 for fiscal year 2004.''.
  (d) Submission of Out-Year Budget Projections.--Section 
301(a) of the Customs Procedural Reform and Simplification Act 
of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the 
following:
  ``(3) By not later than the date on which the President 
submits to Congress the budget of the United States Government 
for a fiscal year, the Commissioner of Customs shall submit to 
the Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate the projected amount 
of funds for the succeeding fiscal year that will be necessary 
for the operations of the Customs Service as provided for in 
subsection (b).''.

SEC. 102. ANTITERRORIST AND ILLICIT NARCOTICS DETECTION EQUIPMENT FOR 
                    THE UNITED STATES-MEXICO BORDER, UNITED STATES-
                    CANADA BORDER, AND FLORIDA AND THE GULF COAST 
                    SEAPORTS.

  (a) Fiscal Year 2002.--Of the amounts made available for 
fiscal year 2002 under section 301(b)(1)(A) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)(1)(A)), as amended by section 101(a) of this Act, 
$90,244,000 shall be available until expended for acquisition 
and other expenses associated with implementation and 
deployment of antiterrorist and illicit narcotics detection 
equipment along the United States-Mexico border, the United 
States-Canada border, and Florida and the Gulf Coast seaports, 
as follows:
          (1) United states-mexico border.--For the United 
        States-Mexico border, the following:
                  (A) $6,000,000 for 8 Vehicle and Container 
                Inspection Systems (VACIS).
                  (B) $11,200,000 for 5 mobile truck x-rays 
                with transmission and backscatter imaging.
                  (C) $13,000,000 for the upgrade of 8 fixed-
                site truck x-rays from the present energy level 
                of 450,000 electron volts to 1,000,000 electron 
                volts (1-MeV).
                  (D) $7,200,000 for 8 1-MeV pallet x-rays.
                  (E) $1,000,000 for 200 portable contraband 
                detectors (busters) to be distributed among 
                ports where the current allocations are 
                inadequate.
                  (F) $600,000 for 50 contraband detection kits 
                to be distributed among all southwest border 
                ports based on traffic volume.
                  (G) $500,000 for 25 ultrasonic container 
                inspection units to be distributed among all 
                ports receiving liquid-filled cargo and to 
                ports with a hazardous material inspection 
                facility.
                  (H) $2,450,000 for 7 automated targeting 
                systems.
                  (I) $360,000 for 30 rapid tire deflator 
                systems to be distributed to those ports where 
                port runners are a threat.
                  (J) $480,000 for 20 portable Treasury 
                Enforcement Communications Systems (TECS) 
                terminals to be moved among ports as needed.
                  (K) $1,000,000 for 20 remote watch 
                surveillance camera systems at ports where 
                there are suspicious activities at loading 
                docks, vehicle queues, secondary inspection 
                lanes, or areas where visual surveillance or 
                observation is obscured.
                  (L) $1,254,000 for 57 weigh-in-motion sensors 
                to be distributed among the ports with the 
                greatest volume of outbound traffic.
                  (M) $180,000 for 36 AM traffic information 
                radio stations, with 1 station to be located at 
                each border crossing.
                  (N) $1,040,000 for 260 inbound vehicle 
                counters to be installed at every inbound 
                vehicle lane.
                  (O) $950,000 for 38 spotter camera systems to 
                counter the surveillance of customs inspection 
                activities by persons outside the boundaries of 
                ports where such surveillance activities are 
                occurring.
                  (P) $390,000 for 60 inbound commercial truck 
                transponders to be distributed to all ports of 
                entry.
                  (Q) $1,600,000 for 40 narcotics vapor and 
                particle detectors to be distributed to each 
                border crossing.
                  (R) $400,000 for license plate reader 
                automatic targeting software to be installed at 
                each port to target inbound vehicles.
          (2) United states-canada border.--For the United 
        States-Canada border, the following:
                  (A) $3,000,000 for 4 Vehicle and Container 
                Inspection Systems (VACIS).
                  (B) $8,800,000 for 4 mobile truck x-rays with 
                transmission and backscatter imaging.
                  (C) $3,600,000 for 4 1-MeV pallet x-rays.
                  (D) $250,000 for 50 portable contraband 
                detectors (busters) to be distributed among 
                ports where the current allocations are 
                inadequate.
                  (E) $300,000 for 25 contraband detection kits 
                to be distributed among ports based on traffic 
                volume.
                  (F) $240,000 for 10 portable Treasury 
                Enforcement Communications Systems (TECS) 
                terminals to be moved among ports as needed.
                  (G) $400,000 for 10 narcotics vapor and 
                particle detectors to be distributed to each 
                border crossing based on traffic volume.
          (3) Florida and gulf coast seaports.--For Florida and 
        the Gulf Coast seaports, the following:
                  (A) $4,500,000 for 6 Vehicle and Container 
                Inspection Systems (VACIS).
                  (B) $11,800,000 for 5 mobile truck x-rays 
                with transmission and backscatter imaging.
                  (C) $7,200,000 for 8 1-MeV pallet x-rays.
                  (D) $250,000 for 50 portable contraband 
                detectors (busters) to be distributed among 
                ports where the current allocations are 
                inadequate.
                  (E) $300,000 for 25 contraband detection kits 
                to be distributed among ports based on traffic 
                volume.
  (b) Fiscal Year 2003.--Of the amounts made available for 
fiscal year 2003 under section 301(b)(1)(B) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)(1)(B)), as amended by section 101(a) of this Act, 
$9,000,000 shall be available until expended for the 
maintenance and support of the equipment and training of 
personnel to maintain and support the equipment described in 
subsection (a).
  (c) Acquisition of Technologically Superior Equipment; 
Transfer of Funds.--
          (1) In general.--The Commissioner of Customs may use 
        amounts made available for fiscal year 2002 under 
        section 301(b)(1)(A) of the Customs Procedural Reform 
        and Simplification Act of 1978 (19 U.S.C. 
        2075(b)(1)(A)), as amended by section 101(a) of this 
        Act, for the acquisition of equipment other than the 
        equipment described in subsection (a) if such other 
        equipment--
                  (A)(i) is technologically superior to the 
                equipment described in subsection (a); and
                  (ii) will achieve at least the same results 
                at a cost that is the same or less than the 
                equipment described in subsection (a); or
                  (B) can be obtained at a lower cost than the 
                equipment described in subsection (a).
          (2) Transfer of funds.--Notwithstanding any other 
        provision of this section, the Commissioner of Customs 
        may reallocate an amount not to exceed 10 percent of--
                  (A) the amount specified in any of 
                subparagraphs (A) through (R) of subsection 
                (a)(1) for equipment specified in any other of 
                such subparagraphs (A) through (R);
                  (B) the amount specified in any of 
                subparagraphs (A) through (G) of subsection 
                (a)(2) for equipment specified in any other of 
                such subparagraphs (A) through (G); and
                  (C) the amount specified in any of 
                subparagraphs (A) through (E) of subsection 
                (a)(3) for equipment specified in any other of 
                such subparagraphs (A) through (E).

SEC. 103. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

  As part of the annual performance plan for each of the fiscal 
years 2002 and 2003 covering each program activity set forth in 
the budget of the United States Customs Service, as required 
under section 1115 of title 31, United States Code, the 
Commissioner of Customs shall establish performance goals, 
performance indicators, and comply with all other requirements 
contained in paragraphs (1) through (6) of subsection (a) of 
such section with respect to each of the activities to be 
carried out pursuant to section 102.

    Subtitle B--Child Cyber-Smuggling Center of the Customs Service

SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD 
                    PORNOGRAPHY/CHILD SEXUAL EXPLOITATION.

  (a) Authorization of Appropriations.--There is authorized to 
be appropriated to the Customs Service $10,000,000 for fiscal 
year 2002 to carry out the program to prevent child 
pornography/child sexual exploitation established by the Child 
Cyber-Smuggling Center of the Customs Service.
  (b) Use of Amounts for Child Pornography Cyber Tipline.--Of 
the amount appropriated under subsection (a), the Customs 
Service shall provide 3.75 percent of such amount to the 
National Center for Missing and Exploited Children for the 
operation of the child pornography cyber tipline of the Center 
and for increased public awareness of the tipline.

                  Subtitle C--Miscellaneous Provisions

SEC. 121. ADDITIONAL CUSTOMS SERVICE OFFICERS FOR UNITED STATES-CANADA 
                    BORDER.

  Of the amount made available for fiscal year 2002 under 
paragraphs (1) and (2)(A) of section 301(b) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)), as amended by section 101 of this Act, $28,300,000 
shall be available until expended for the Customs Service to 
hire approximately 285 additional Customs Service officers to 
address the needs of the offices and ports along the United 
States-Canada border.

SEC. 122. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE 
                    CUSTOMS SERVICE.

  (a) Study.--The Commissioner of Customs shall conduct a study 
of current personnel practices of the Customs Service, 
including an overview of performance standards and the effect 
and impact of the collective bargaining process on drug 
interdiction efforts of the Customs Service and a comparison of 
duty rotation policies of the Customs Service and other Federal 
agencies that employ similarly-situated personnel.
  (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Commissioner of Customs shall submit 
to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate a 
report containing the results of the study conducted under 
subsection (a).

SEC. 123. STUDY AND REPORT RELATING TO ACCOUNTING AND AUDITING 
                    PROCEDURES OF THE CUSTOMS SERVICE.

  (a) Study.--(1) The Commissioner of Customs shall conduct a 
study of actions by the Customs Service to ensure that 
appropriate training is being provided to Customs Service 
personnel who are responsible for financial auditing of 
importers.
  (2) In conducting the study, the Commissioner--
          (A) shall specifically identify those actions taken 
        to comply with provisions of law that protect the 
        privacy and trade secrets of importers, such as section 
        552(b) of title 5, United States Code, and section 1905 
        of title 18, United States Code; and
          (B) shall provide for public notice and comment 
        relating to verification of the actions described in 
        subparagraph (A).
  (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Commissioner of Customs shall submit 
to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate a 
report containing the results of the study conducted under 
subsection (a).

SEC. 124. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; 
                    REPORTS.

  (a) Establishment and Implementation.--
          (1) In general.--Not later than September 30, 2003, 
        the Commissioner of Customs shall, in accordance with 
        the audit of the Customs Service's fiscal years 2000 
        and 1999 financial statements (as contained in the 
        report of the Office of the Inspector General of the 
        Department of the Treasury issued on February 23, 
        2001), establish and implement a cost accounting system 
        for expenses incurred in both commercial and 
        noncommercial operations of the Customs Service.
          (2) Additional requirement.--The cost accounting 
        system described in paragraph (1) shall provide for an 
        identification of expenses based on the type of 
        operation, the port at which the operation took place, 
        the amount of time spent on the operation by personnel 
        of the Customs Service, and an identification of 
        expenses based on any other appropriate classification 
        necessary to provide for an accurate and complete 
        accounting of the expenses.
  (b) Reports.--Beginning on the date of the enactment of this 
Act and ending on the date on which the cost accounting system 
described in subsection (a) is fully implemented, the 
Commissioner of Customs shall prepare and submit to Congress on 
a quarterly basis a report on the progress of implementing the 
cost accounting system pursuant to subsection (a).

SEC. 125. STUDY AND REPORT RELATING TO TIMELINESS OF PROSPECTIVE 
                    RULINGS.

  (a) Study.--The Comptroller General shall conduct a study on 
the extent to which the Office of Regulations and Rulings of 
the Customs Service has made improvements to decrease the 
amount of time to issue prospective rulings from the date on 
which a request for the ruling is received by the Customs 
Service.
  (b) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate a report containing 
the results of the study conducted under subsection (a).
  (c) Definition.--In this section, the term ``prospective 
ruling'' means a ruling that is requested by an importer on 
goods that are proposed to be imported into the United States 
and that relates to the proper classification, valuation, or 
marking of such goods.

SEC. 126. STUDY AND REPORT RELATING TO CUSTOMS USER FEES.

  (a) Study.--The Comptroller General shall conduct a study on 
the extent to which the amount of each customs user fee imposed 
under section 13031(a) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(a)) is commensurate 
with the level of services provided by the Customs Service 
relating to the fee so imposed.
  (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate a report in 
classified form containing--
          (1) the results of the study conducted under 
        subsection (a); and
          (2) recommendations for the appropriate amount of the 
        customs user fees if such results indicate that the 
        fees are not commensurate with the level of services 
        provided by the Customs Service.

SEC. 127. FEES FOR CUSTOMS INSPECTIONS AT EXPRESS COURIER FACILITIES.

  (a) In General.--Section 13031(b)(9) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) 
is amended as follows:
          (1) In subparagraph (A)--
                  (A) in the matter preceding clause (i), by 
                striking ``the processing of merchandise that 
                is informally entered or released'' and 
                inserting ``the processing of letters, 
                documents, records, shipments, merchandise, or 
                any other item that is valued at an amount 
                under $2,000 (or such higher amount as the 
                Secretary may set by regulation pursuant to 
                section 498 of the Tariff Act of 1930), whether 
                or not such items are informally entered or 
                released (except items entered or released for 
                immediate exportation),''; and
                  (B) in clause (ii) to read as follows:
                  ``(ii) In the case of an express consignment 
                carrier facility or centralized hub facility, 
                $.66 per individual airway bill or bill of 
                lading.''.
          (2) By redesignating subparagraph (B) as subparagraph 
        (C) and inserting after subparagraph (A) the following:
          ``(B)(i) For fiscal year 2004 and subsequent fiscal 
        years, the Secretary of the Treasury may adjust (not 
        more than once per fiscal year) the amount described in 
        subparagraph (A)(ii) to not less than $.35 but not more 
        than $1.00 per individual airway bill or bill of 
        lading. The Secretary shall provide notice in the 
        Federal Register of a proposed adjustment under the 
        preceding sentence and the reasons therefor and shall 
        allow for public comment on the proposed adjustment.
          ``(ii) The payment required by subparagraph (A)(ii) 
        shall be the only payment required for reimbursement of 
        the Customs Service in connection with the processing 
        of an individual airway bill or bill of lading in 
        accordance with such subparagraph, except that the 
        Customs Service may charge a fee to cover expenses of 
        the Customs Service for adequate office space, 
        equipment, furnishings, supplies, and security.
          ``(iii)(I) The payment required by subparagraph 
        (A)(ii) and clause (ii) shall be paid on a quarterly 
        basis to the Customs Service in accordance with 
        regulations prescribed by the Secretary of the 
        Treasury.
          ``(II) 50 percent of the amount of payments received 
        under subparagraph (A)(ii) and clause (ii) shall, in 
        accordance with section 524 of the Tariff Act of 1930, 
        be deposited as a refund to the appropriation for the 
        amount paid out of that appropriation for the costs 
        incurred in providing services to express consignment 
        carrier facilities or centralized hub facilities. 
        Amounts deposited in accordance with the preceding 
        sentence shall be available until expended for the 
        provision of customs services to express consignment 
        carrier facilities or centralized hub facilities.
          ``(III) Notwithstanding section 524 of the Tariff Act 
        of 1930, the remaining 50 percent of the amount of 
        payments received under subparagraph (A)(ii) and clause 
        (ii) shall be paid to the Secretary of the Treasury, 
        which is in lieu of the payment of fees under 
        subsection (a)(10) of this section.''.
  (b) Effective Date.--The amendments made by subsection (a) 
take effect on October 1, 2002.

SEC. 128. NATIONAL CUSTOMS AUTOMATION PROGRAM.

  Section 411(b) of the Tariff Act of 1930 (19 U.S.C. 1411(b)) 
is amended by striking the second sentence and inserting the 
following: ``The Secretary may, by regulation, require the 
electronic submission of information described in subsection 
(a) or any other information required to be submitted to the 
Customs Service separately pursuant to this subpart.''.

                  Subtitle D--Antiterrorism Provisions

SEC. 141. IMMUNITY FOR UNITED STATES OFFICIALS THAT ACT IN GOOD FAITH.

  (a) Immunity.--Section 3061 of the Revised Statutes (19 
U.S.C. 482) is amended--
          (1) by striking ``Any of the officers'' and inserting 
        ``(a) Any of the officers''; and
          (2) by adding at the end the following:
  ``(b) Any officer or employee of the United States conducting 
a search of a person pursuant to subsection (a) shall not be 
held liable for any civil damages as a result of such search if 
the officer or employee performed the search in good faith.''.
  (b) Requirement To Post Policy and Procedures for Searches of 
Passengers.--Not later than 30 days after the date of the 
enactment of this Act, the Commissioner of the Customs Service 
shall ensure that at each Customs border facility appropriate 
notice is posted that provides a summary of the policy and 
procedures of the Customs Service for searching passengers, 
including a statement of the policy relating to the prohibition 
on the conduct of profiling of passengers based on gender, 
race, color, religion, or ethnic background.

SEC. 142. EMERGENCY ADJUSTMENTS TO OFFICES, PORTS OF ENTRY, OR STAFFING 
                    OF THE CUSTOMS SERVICE.

  Section 318 of the Tariff Act of 1930 (19 U.S.C. 1318) is 
amended--
          (1) by striking ``Whenever the President'' and 
        inserting ``(a) Whenever the President''; and
          (2) by adding at the end the following:
  ``(b)(1) Notwithstanding any other provision of law, the 
Secretary of the Treasury, when necessary to respond to a 
national emergency declared under the National Emergencies Act 
(50 U.S.C. 1601 et seq.) or to a specific threat to human life 
or national interests, is authorized to take the following 
actions on a temporary basis:
          ``(A) Eliminate, consolidate, or relocate any office 
        or port of entry of the Customs Service.
          ``(B) Modify hours of service, alter services 
        rendered at any location, or reduce the number of 
        employees at any location.
          ``(C) Take any other action that may be necessary to 
        directly respond to the national emergency or specific 
        threat.
  ``(2) Notwithstanding any other provision of law, the 
Commissioner of Customs, when necessary to respond to a 
specific threat to human life or national interests, is 
authorized to close temporarily any Customs office or port of 
entry or take any other lesser action that may be necessary to 
respond to the specific threat.
  ``(3) The Secretary of the Treasury or the Commissioner of 
Customs, as the case may be, shall notify the Committee on Ways 
and Means of the House of Representatives and the Committee on 
Finance of the Senate not later than 72 hours after taking any 
action under paragraph (1) or (2).''.

SEC. 143. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND 
                    PASSENGERS.

  (a) Cargo Information.--
          (1) In general.--Section 431(b) of the Tariff Act of 
        1930 (19 U.S.C. 1431(b)) is amended--
                  (A) in the first sentence, by striking ``Any 
                manifest'' and inserting ``(1) Any manifest''; 
                and
                  (B) by adding at the end the following:
  ``(2)(A) In addition to any other requirement under this 
section, for each land, air, or vessel carrier required to make 
entry under the customs laws of the United States, the pilot, 
the master, operator, or owner of such carrier (or the 
authorized agent of such operator or owner) shall provide by 
electronic transmission cargo manifest information in advance 
of such entry in such manner, time, and form as prescribed 
under regulations by the Secretary. The Secretary may exclude 
any class of land, air, or vessel carrier for which the 
Secretary concludes the requirements of this subparagraph are 
not necessary.
  ``(B) The Secretary shall cooperate with other appropriate 
Federal departments and agencies for the purpose of providing 
to such departments and agencies as soon as practicable cargo 
manifest information obtained pursuant to subparagraph (A). In 
carrying out the preceding sentence, the Secretary, to the 
maximum extent practicable, shall protect the privacy and 
property rights with respect to the cargo involved.''.
          (2) Conforming amendments.--Subparagraphs (A) and (C) 
        of section 431(d)(1) of such Act are each amended by 
        inserting before the semicolon ``or subsection 
        (b)(2)''.
  (b) Passenger Information.--Part II of title IV of the Tariff 
Act of 1930 (19 U.S.C. 1431 et seq.) is amended by inserting 
after section 431 the following:

``SEC. 432. PASSENGER AND CREW INFORMATION REQUIRED FOR LAND, AIR, OR 
                    VESSEL CARRIERS.

  ``(a) In General.--For every person arriving or departing on 
a land, air, or vessel carrier required to make entry or obtain 
clearance under the customs laws of the United States, the 
pilot, the master, operator, or owner of such carrier (or the 
authorized agent of such operator or owner) shall provide by 
electronic transmission information described in subsection (b) 
in advance of such entry or clearance in such manner, time, and 
form as prescribed under regulations by the Secretary.
  ``(b) Information Described.--The information described in 
this subsection shall include for each person described in 
subsection (a), if applicable, the person's--
          ``(1) full name;
          ``(2) date of birth and citizenship;
          ``(3) gender;
          ``(4) passport number and country of issuance;
          ``(5) United States visa number or resident alien 
        card number;
          ``(6) passenger name record; and
          ``(7) such additional information that the Secretary, 
        by regulation, determines is reasonably necessary to 
        ensure aviation and maritime safety pursuant to the 
        laws enforced or administered by the Customs Service.
  ``(c) Sharing of Information.--The Secretary shall cooperate 
with other appropriate Federal departments and agencies for the 
purpose of providing to such departments and agencies as soon 
as practicable electronic transmission information obtained 
pursuant to subsection (a). In carrying out the preceding 
sentence, the Secretary, to the maximum extent practicable, 
shall protect the privacy rights of the person with respect to 
which the information relates.''.
  (c) Definition.--Section 401 of the Tariff Act of 1930 (19 
U.S.C. 1401) is amended by adding at the end the following:
  ``(t) The term `land, air, or vessel carrier' means a land, 
air, or vessel carrier, as the case may be, that transports 
goods or passengers for payment or other consideration, 
including money or services rendered.''.
  (d) Effective Date.--The amendments made by this section 
shall take effect beginning 45 days after the date of the 
enactment of this Act.

SEC. 144. BORDER SEARCH AUTHORITY FOR CERTAIN CONTRABAND IN OUTBOUND 
                    MAIL.

  The Tariff Act of 1930 is amended by inserting after section 
582 the following:

``SEC. 583. EXAMINATION OF OUTBOUND MAIL.

  ``(a) Examination.--
          ``(1) In general.--For purposes of ensuring 
        compliance with the Customs laws of the United States 
        and other laws enforced by the Customs Service, 
        including the provisions of law described in paragraph 
        (2), a Customs officer may, subject to the provisions 
        of this section, stop and search at the border, without 
        a search warrant, mail of domestic origin transmitted 
        for export by the United States Postal Service and 
        foreign mail transiting the United States that is being 
        imported or exported by the United States Postal 
        Service.
          ``(2) Provisions of law described.--The provisions of 
        law described in this paragraph are the following:
                  ``(A) Section 5316 of title 31, United States 
                Code (relating to reports on exporting and 
                importing monetary instruments).
                  ``(B) Sections 1461, 1463, 1465, and 1466 and 
                chapter 110 of title 18, United States Code 
                (relating to obscenity and child pornography).
                  ``(C) Section 1003 of the Controlled 
                Substances Import and Export Act (21 U.S.C. 
                953; relating to exportation of controlled 
                substances).
                  ``(D) The Export Administration Act of 1979 
                (50 U.S.C. app. 2401 et seq.).
                  ``(E) Section 38 of the Arms Export Control 
                Act (22 U.S.C. 2778).
                  ``(F) The International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.).
  ``(b) Search of Mail Not Sealed Against Inspection and Other 
Mail.--Mail not sealed against inspection under the postal laws 
and regulations of the United States, mail which bears a 
customs declaration, and mail with respect to which the sender 
or addressee has consented in writing to search, may be 
searched by a Customs officer.
  ``(c) Search of Mail Sealed Against Inspection.--(1) Mail 
sealed against inspection under the postal laws and regulations 
of the United States may be searched by a Customs officer, 
subject to paragraph (2), upon reasonable cause to suspect that 
such mail contains one or more of the following:
          ``(A) Monetary instruments, as defined in section 
        1956 of title 18, United States Code.
          ``(B) A weapon of mass destruction, as defined in 
        section 2332a(b) of title 18, United States Code.
          ``(C) A drug or other substance listed in schedule I, 
        II, III, or IV in section 202 of the Controlled 
        Substances Act (21 U.S.C. 812).
          ``(D) National defense and related information 
        transmitted in violation of any of sections 793 through 
        798 of title 18, United States Code.
          ``(E) Merchandise mailed in violation of section 1715 
        or 1716 of title 18, United States Code.
          ``(F) Merchandise mailed in violation of any 
        provision of chapter 71 (relating to obscenity) or 
        chapter 110 (relating to sexual exploitation and other 
        abuse of children) of title 18, United States Code.
          ``(G) Merchandise mailed in violation of the Export 
        Administration Act of 1979 (50 U.S.C. app. 2401 et 
        seq.).
          ``(H) Merchandise mailed in violation of section 38 
        of the Arms Export Control Act (22 U.S.C. 2778).
          ``(I) Merchandise mailed in violation of the 
        International Emergency Economic Powers Act (50 U.S.C. 
        1701 et seq.).
          ``(J) Merchandise mailed in violation of the Trading 
        with the Enemy Act (50 U.S.C. app. 1 et seq.).
          ``(K) Merchandise subject to any other law enforced 
        by the Customs Service.
  ``(2) No person acting under authority of paragraph (1) shall 
read, or authorize any other person to read, any correspondence 
contained in mail sealed against inspection unless prior to so 
reading--
          ``(A) a search warrant has been issued pursuant to 
        Rule 41, Federal Rules of Criminal Procedure; or
          ``(B) the sender or addressee has given written 
        authorization for such reading.''.

SEC. 145. AUTHORIZATION OF APPROPRIATIONS FOR REESTABLISHMENT OF 
                    CUSTOMS OPERATIONS IN NEW YORK CITY.

  (a) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated for the reestablishment of operations of 
        the Customs Service in New York, New York, such sums as 
        may be necessary for fiscal year 2002.
          (2) Operations described.--The operations referred to 
        in paragraph (1) include, but are not limited to, the 
        following:
                  (A) Operations relating to the Port Director 
                of New York City, the New York Customs 
                Management Center (including the Director of 
                Field Operations), and the Special Agent-In-
                Charge for New York.
                  (B) Commercial operations, including textile 
                enforcement operations and salaries and 
                expenses of--
                          (i) trade specialists who determine 
                        the origin and value of merchandise;
                          (ii) analysts who monitor the entry 
                        data into the United States of textiles 
                        and textile products; and
                          (iii) Customs officials who work with 
                        foreign governments to examine textile 
                        makers and verify entry information.
  (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are 
authorized to remain available until expended.

              Subtitle E--Textile Transshipment Provisions

SEC. 151. GAO AUDIT OF TEXTILE TRANSSHIPMENT MONITORING BY CUSTOMS 
                    SERVICE.

  (a) GAO Audit.--The Comptroller General of the United States 
shall conduct an audit of the system established and carried 
out by the Customs Service to monitor textile transshipment.
  (b) Report.--Not later than 9 months after the date of 
enactment of this Act, the Comptroller General shall submit to 
the Committee on Ways and Means of the House of Representatives 
and Committee on Finance of the Senate a report that contains 
the results of the study conducted under subsection (a), 
including recommendations for improvements to the transshipment 
monitoring system if applicable.
  (c) Transshipment Described.--Transshipment within the 
meaning of this section has occurred when preferential 
treatment under any provision of law has been claimed for a 
textile or apparel article on the basis of material false 
information concerning the country of origin, manufacture, 
processing, or assembly of the article or any of its 
components. For purposes of the preceding sentence, false 
information is material if disclosure of the true information 
would mean or would have meant that the article is or was 
ineligible for preferential treatment under the provision of 
law in question.

SEC. 152. AUTHORIZATION OF APPROPRIATIONS FOR TEXTILE TRANSSHIPMENT 
                    ENFORCEMENT OPERATIONS.

  (a) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated for textile transshipment enforcement 
        operations of the Customs Service $9,500,000 for fiscal 
        year 2002.
          (2) Availability.--Amounts appropriated pursuant to 
        the authorization of appropriations under paragraph (1) 
        are authorized to remain available until expended.
  (b) Use of Funds.--Of the amount appropriated pursuant to the 
authorization of appropriations under subsection (a), the 
following amounts are authorized to be made available for the 
following purposes:
          (1) Import specialists.--$1,463,000 for 21 Customs 
        import specialists to be assigned to selected ports for 
        documentation review to support detentions and 
        exclusions and 1 additional Customs import specialist 
        assigned to the Customs headquarters textile program to 
        administer the program and provide oversight.
          (2) Inspectors.--$652,080 for 10 Customs inspectors 
        to be assigned to selected ports to examine targeted 
        high-risk shipments.
          (3) Investigators.--(A) $1,165,380 for 10 
        investigators to be assigned to selected ports to 
        investigate instances of smuggling, quota and trade 
        agreement circumvention, and use of counterfeit visas 
        to enter inadmissible goods.
          (B) $149,603 for 1 investigator to be assigned to 
        Customs headquarters textile program to coordinate and 
        ensure implementation of textile production 
        verification team results from an investigation 
        perspective.
          (4) International trade specialists.--$226,500 for 3 
        international trade specialists to be assigned to 
        Customs headquarters to be dedicated to illegal textile 
        transshipment policy issues and other free trade 
        agreement enforcement issues.
          (5) Permanent import specialists for hong kong.--
        $500,000 for 2 permanent import specialist positions 
        and $500,000 for 2 investigators to be assigned to Hong 
        Kong to work with Hong Kong and other government 
        authorities in Southeast Asia to assist such 
        authorities pursue proactive enforcement of bilateral 
        trade agreements.
          (6) Various permanent trade positions.--$3,500,000 
        for the following:
                  (A) 2 permanent positions to be assigned to 
                the Customs attache office in Central America 
                to address trade enforcement issues for that 
                region.
                  (B) 2 permanent positions to be assigned to 
                the Customs attache office in South Africa to 
                address trade enforcement issues pursuant to 
                the African Growth and Opportunity Act (title I 
                of Public Law 106-200).
                  (C) 4 permanent positions to be assigned to 
                the Customs attache office in Mexico to address 
                the threat of illegal textile transshipment 
                through Mexico and other related issues under 
                the North American Free Trade Agreement Act.
                  (D) 2 permanent positions to be assigned to 
                the Customs attache office in Seoul, South 
                Korea, to address the trade issues in the 
                geographic region.
                  (E) 2 permanent positions to be assigned to 
                the proposed Customs attache office in New 
                Delhi, India, to address the threat of illegal 
                textile transshipment and other trade 
                enforcement issues.
                  (F) 2 permanent positions to be assigned to 
                the Customs attache office in Rome, Italy, to 
                address trade enforcement issues in the 
                geographic region, including issues under free 
                trade agreements with Jordan and Israel.
          (7) Attorneys.--$179,886 for 2 attorneys for the 
        Office of the Chief Counsel of the Customs Service to 
        pursue cases regarding illegal textile transshipment.
          (8) Auditors.--$510,000 for 6 Customs auditors to 
        perform internal control reviews and document and 
        record reviews of suspect importers.
          (9) Additional travel funds.--$250,000 for deployment 
        of additional textile production verification teams to 
        sub-Saharan Africa.
          (10) Training.--(A) $75,000 for training of Customs 
        personnel.
          (B) $200,000 for training for foreign counterparts in 
        risk management analytical techniques and for teaching 
        factory inspection techniques, model law Development, 
        and enforcement techniques.
          (11) Outreach.--$60,000 for outreach efforts to 
        United States importers.

SEC. 153. IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT.

  Of the amount made available for fiscal year 2002 under 
section 301(b)(2)(A) of the Customs Procedural Reform and 
Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as 
amended by section 101(b)(1) of this Act, $1,317,000 shall be 
available until expended for the Customs Service to provide 
technical assistance to help sub-Saharan Africa countries 
develop and implement effective visa and anti-transshipment 
systems as required by the African Growth and Opportunity Act 
(title I of Public Law 106-200), as follows:
          (1) Travel funds.--$600,000 for import specialists, 
        special agents, and other qualified Customs personnel 
        to travel to sub-Saharan Africa countries to provide 
        technical assistance in developing and implementing 
        effective visa and anti-transshipment systems.
          (2) Import specialists.--$266,000 for 4 import 
        specialists to be assigned to Customs headquarters to 
        be dedicated to providing technical assistance to sub-
        Saharan African countries for developing and 
        implementing effective visa and anti-transshipment 
        systems.
          (3) Data reconciliation analysts.--$151,000 for 2 
        data reconciliation analysts to review apparel 
        shipments.
          (4) Special agents.--$300,000 for 2 special agents to 
        be assigned to Customs headquarters to be available to 
        provide technical assistance to sub-Saharan African 
        countries in the performance of investigations and 
        other enforcement initiatives.

       TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Section 141(g)(1) of the Trade Act of 1974 
(19 U.S.C. 2171(g)(1)) is amended--
          (1) in subparagraph (A)--
                  (A) in the matter preceding clause (i), by 
                striking ``not to exceed'';
                  (B) in clause (i) to read as follows:
          ``(i) $30,000,000 for fiscal year 2002.'';
                  (C) in clause (ii) to read as follows:
          ``(ii) $32,300,000 for fiscal year 2003.''; and
                  (D) by adding at the end the following:
          ``(iii) $33,108,000 for fiscal year 2004.''; and
          (2) in subparagraph (B)--
                  (A) in clause (i), by adding ``and'' at the 
                end;
                  (B) by striking clause (ii); and
                  (C) by redesignating clause (iii) as clause 
                (ii).
  (b) Submission of Out-Year Budget Projections.--Section 
141(g) of the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended 
by adding at the end the following:
  ``(3) By not later than the date on which the President 
submits to Congress the budget of the United States Government 
for a fiscal year, the United States Trade Representative shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate the 
projected amount of funds for the succeeding fiscal year that 
will be necessary for the Office to carry out its functions.''.
  (c) Additional Staff for Office of Assistant U.S. Trade 
Representative for Congressional Affairs.--
          (1) In general.--There is authorized to be 
        appropriated such sums as may be necessary for fiscal 
        year 2002 for the salaries and expenses of two 
        additional legislative specialist employee positions 
        within the Office of the Assistant United States Trade 
        Representative for Congressional Affairs.
          (2) Availability.--Amounts appropriated pursuant to 
        the authorization of appropriations under paragraph (1) 
        are authorized to remain available until expended.

        TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Section 330(e)(2)(A) of the Tariff Act of 
1930 (19 U.S.C. 1330(e)(2)) is amended--
          (1) in clause (i) to read as follows:
          ``(i) $51,440,000 for fiscal year 2002.'';
          (2) in clause (ii) to read as follows:
          ``(ii) $54,000,000 for fiscal year 2003.''; and
          (3) by adding at the end the following:
          ``(iii) $57,240,000 for fiscal year 2004.''.
  (b) Submission of Out-Year Budget Projections.--Section 
330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is 
amended by adding at the end the following:
  ``(4) By not later than the date on which the President 
submits to Congress the budget of the United States Government 
for a fiscal year, the Commission shall submit to the Committee 
on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate the projected amount of 
funds for the succeeding fiscal year that will be necessary for 
the Commission to carry out its functions.''.

                    TITLE IV--OTHER TRADE PROVISIONS

SEC. 401. INCREASE IN AGGREGATE VALUE OF ARTICLES EXEMPT FROM DUTY 
                    ACQUIRED ABROAD BY UNITED STATES RESIDENTS.

  (a) In General.--Subheading 9804.00.65 of the Harmonized 
Tariff Schedule of the United States is amended in the article 
description column by striking ``$400'' and inserting ``$800''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect 90 days after the date of the enactment of 
this Act.

SEC. 402. REGULATORY AUDIT PROCEDURES.

  Section 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b)) 
is amended by adding at the end the following:
          ``(6)(A) If during the course of any audit concluded 
        under this subsection, the Customs Service identifies 
        overpayments of duties or fees or over-declarations of 
        quantities or values that are within the time period 
        and scope of the audit that the Customs Service has 
        defined, then in calculating the loss of revenue or 
        monetary penalties under section 592, the Customs 
        Service shall treat the overpayments or over-
        declarations on finally liquidated entries as an offset 
        to any underpayments or underdeclarations also 
        identified on finally liquidated entries if such 
        overpayments or over-declarations were not made by the 
        person being audited for the purpose of violating any 
        provision of law.
          ``(B) Nothing in this paragraph shall be construed to 
        authorize a refund not otherwise authorized under 
        section 520.''.
    Amend the title so as to read: ``A bill to authorize 
appropriations for fiscal years 2002 through 2004 for the 
United States Customs Service for antiterrorism, drug 
interdiction, and other operations, for the Office of the 
United States Trade Representative, for the United States 
International Trade Commission, and for other purposes.
                              ----------                               


2. An Amendment To Be Offered by Representative Rangel of New York, or 
                  a Designee, Debatable for 60 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Customs Border Security Act of 
2002''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                 TITLE I--UNITED STATES CUSTOMS SERVICE

  Subtitle A--Drug Enforcement and Other Noncommercial and Commercial 
                               Operations

Sec. 101. Authorization of appropriations for noncommercial operations, 
          commercial operations, and air and marine interdiction.
Sec. 102. Antiterrorist and illicit narcotics detection equipment for 
          the United States-Mexico border, United States-Canada border, 
          and Florida and the Gulf Coast seaports.
Sec. 103. Compliance with performance plan requirements.

     Subtitle B--Child Cyber-Smuggling Center of the Customs Service

Sec. 111. Authorization of appropriations for program to prevent child 
          pornography/child sexual exploitation.

                  Subtitle C--Miscellaneous Provisions

Sec. 121. Additional Customs Service officers for United States-Canada 
          border.
Sec. 122. Study and report relating to personnel practices of the 
          Customs Service.
Sec. 123. Study and report relating to accounting and auditing 
          procedures of the Customs Service.
Sec. 124. Establishment and implementation of cost accounting system; 
          reports.
Sec. 125. Study and report relating to timeliness of prospective 
          rulings.
Sec. 126. Study and report relating to Customs user fees.
Sec. 127. Fees for Customs inspections at express courier facilities.
Sec. 128. National Customs Automation Program.

                  Subtitle D--Antiterrorism Provisions

Sec. 141. Exclusive remedy for personal search claims.
Sec. 142. Emergency adjustments to offices, ports of entry, or staffing 
          of the Customs Service.
Sec. 143. Mandatory advanced electronic information for cargo and 
          passengers.
Sec. 144. Authorization of appropriations for reestablishment of Customs 
          operations in New York City.

              Subtitle E--Textile Transshipment Provisions

Sec. 151. GAO audit of textile transshipment monitoring by Customs 
          Service.
Sec. 152. Authorization of appropriations for textile transshipment 
          enforcement operations.
Sec. 153. Implementation of the African Growth and Opportunity Act.

       TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

Sec. 201. Authorization of appropriations.

         TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION

Sec. 301. Authorization of appropriations.

                    TITLE IV--OTHER TRADE PROVISIONS

Sec. 401. Increase in aggregate value of articles exempt from duty 
          acquired abroad by United States residents.
Sec. 402. Regulatory audit procedures.

                 TITLE I--UNITED STATES CUSTOMS SERVICE

  Subtitle A--Drug Enforcement and Other Noncommercial and Commercial 
                               Operations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL OPERATIONS, 
                    COMMERCIAL OPERATIONS, AND AIR AND MARINE 
                    INTERDICTION.

  (a) Noncommercial Operations.--Section 301(b)(1) of the 
Customs Procedural Reform and Simplification Act of 1978 (19 
U.S.C. 2075(b)(1)) is amended--
          (1) in subparagraph (A) to read as follows:
                  ``(A) $899,121,000 for fiscal year 2002.'';
          (2) in subparagraph (B) to read as follows:
                  ``(B) $1,365,456,000 for fiscal year 2003.''; 
                and
          (3) by adding at the end the following:
                  ``(C) $1,399,592,400 for fiscal year 2004.''.
  (b) Commercial Operations.--
          (1) In general.--Section 301(b)(2)(A) of the Customs 
        Procedural Reform and Simplification Act of 1978 (19 
        U.S.C. 2075(b)(2)(A)) is amended--
                  (A) in clause (i) to read as follows:
                  ``(i) $1,606,068,000 for fiscal year 2002.'';
                  (B) in clause (ii) to read as follows:
                  ``(ii) $1,642,602,000 for fiscal year 
                2003.''; and
                  (C) by adding at the end the following:
                  ``(iii) $1,683,667,050 for fiscal year 
                2004.''.
          (2) Automated commercial environment computer 
        system.--Of the amount made available for each of 
        fiscal years 2002 through 2004 under section 
        301(b)(2)(A) of the Customs Procedural Reform and 
        Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), 
        as amended by paragraph (1), $308,000,000 shall be 
        available until expended for each such fiscal year for 
        the development, establishment, and implementation of 
        the Automated Commercial Environment computer system.
          (3) Reports.--Not later than 90 days after the date 
        of the enactment of this Act, and not later than each 
        subsequent 90-day period, the Commissioner of Customs 
        shall prepare and submit to the Committee on Ways and 
        Means of the House of Representatives and the Committee 
        on Finance of the Senate a report demonstrating that 
        the development and establishment of the Automated 
        Commercial Environment computer system is being carried 
        out in a cost-effective manner and meets the 
        modernization requirements of title VI of the North 
        American Free Trade Agreement Implementation Act.
  (c) Air and Marine Interdiction.--Section 301(b)(3) of the 
Customs Procedural Reform and Simplification Act of 1978 (19 
U.S.C. 2075(b)(3)) is amended--
          (1) in subparagraph (A) to read as follows:
                  ``(A) $177,860,000 for fiscal year 2002.'';
          (2) in subparagraph (B) to read as follows:
                  ``(B) $170,829,000 for fiscal year 2003.''; 
                and
          (3) by adding at the end the following:
                  ``(C) $175,099,725 for fiscal year 2004.''.
  (d) Submission of Out-Year Budget Projections.--Section 
301(a) of the Customs Procedural Reform and Simplification Act 
of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the 
following:
  ``(3) By not later than the date on which the President 
submits to Congress the budget of the United States Government 
for a fiscal year, the Commissioner of Customs shall submit to 
the Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate the projected amount 
of funds for the succeeding fiscal year that will be necessary 
for the operations of the Customs Service as provided for in 
subsection (b).''.

SEC. 102. ANTITERRORIST AND ILLICIT NARCOTICS DETECTION EQUIPMENT FOR 
                    THE UNITED STATES-MEXICO BORDER, UNITED STATES-
                    CANADA BORDER, AND FLORIDA AND THE GULF COAST 
                    SEAPORTS.

  (a) Fiscal Year 2002.--Of the amounts made available for 
fiscal year 2002 under section 301(b)(1)(A) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)(1)(A)), as amended by section 101(a) of this Act, 
$90,244,000 shall be available until expended for acquisition 
and other expenses associated with implementation and 
deployment of antiterrorist and illicit narcotics detection 
equipment along the United States-Mexico border, the United 
States-Canada border, and Florida and the Gulf Coast seaports, 
as follows:
          (1) United states-mexico border.--For the United 
        States-Mexico border, the following:
                  (A) $6,000,000 for 8 Vehicle and Container 
                Inspection Systems (VACIS).
                  (B) $11,200,000 for 5 mobile truck x-rays 
                with transmission and backscatter imaging.
                  (C) $13,000,000 for the upgrade of 8 fixed-
                site truck x-rays from the present energy level 
                of 450,000 electron volts to 1,000,000 electron 
                volts (1-MeV).
                  (D) $7,200,000 for 8 1-MeV pallet x-rays.
                  (E) $1,000,000 for 200 portable contraband 
                detectors (busters) to be distributed among 
                ports where the current allocations are 
                inadequate.
                  (F) $600,000 for 50 contraband detection kits 
                to be distributed among all southwest border 
                ports based on traffic volume.
                  (G) $500,000 for 25 ultrasonic container 
                inspection units to be distributed among all 
                ports receiving liquid-filled cargo and to 
                ports with a hazardous material inspection 
                facility.
                  (H) $2,450,000 for 7 automated targeting 
                systems.
                  (I) $360,000 for 30 rapid tire deflator 
                systems to be distributed to those ports where 
                port runners are a threat.
                  (J) $480,000 for 20 portable Treasury 
                Enforcement Communications Systems (TECS) 
                terminals to be moved among ports as needed.
                  (K) $1,000,000 for 20 remote watch 
                surveillance camera systems at ports where 
                there are suspicious activities at loading 
                docks, vehicle queues, secondary inspection 
                lanes, or areas where visual surveillance or 
                observation is obscured.
                  (L) $1,254,000 for 57 weigh-in-motion sensors 
                to be distributed among the ports with the 
                greatest volume of outbound traffic.
                  (M) $180,000 for 36 AM traffic information 
                radio stations, with 1 station to be located at 
                each border crossing.
                  (N) $1,040,000 for 260 inbound vehicle 
                counters to be installed at every inbound 
                vehicle lane.
                  (O) $950,000 for 38 spotter camera systems to 
                counter the surveillance of customs inspection 
                activities by persons outside the boundaries of 
                ports where such surveillance activities are 
                occurring.
                  (P) $390,000 for 60 inbound commercial truck 
                transponders to be distributed to all ports of 
                entry.
                  (Q) $1,600,000 for 40 narcotics vapor and 
                particle detectors to be distributed to each 
                border crossing.
                  (R) $400,000 for license plate reader 
                automatic targeting software to be installed at 
                each port to target inbound vehicles.
          (2) United states-canada border.--For the United 
        States-Canada border, the following:
                  (A) $3,000,000 for 4 Vehicle and Container 
                Inspection Systems (VACIS).
                  (B) $8,800,000 for 4 mobile truck x-rays with 
                transmission and backscatter imaging.
                  (C) $3,600,000 for 4 1-MeV pallet x-rays.
                  (D) $250,000 for 50 portable contraband 
                detectors (busters) to be distributed among 
                ports where the current allocations are 
                inadequate.
                  (E) $300,000 for 25 contraband detection kits 
                to be distributed among ports based on traffic 
                volume.
                  (F) $240,000 for 10 portable Treasury 
                Enforcement Communications Systems (TECS) 
                terminals to be moved among ports as needed.
                  (G) $400,000 for 10 narcotics vapor and 
                particle detectors to be distributed to each 
                border crossing based on traffic volume.
          (3) Florida and gulf coast seaports.--For Florida and 
        the Gulf Coast seaports, the following:
                  (A) $4,500,000 for 6 Vehicle and Container 
                Inspection Systems (VACIS).
                  (B) $11,800,000 for 5 mobile truck x-rays 
                with transmission and backscatter imaging.
                  (C) $7,200,000 for 8 1-MeV pallet x-rays.
                  (D) $250,000 for 50 portable contraband 
                detectors (busters) to be distributed among 
                ports where the current allocations are 
                inadequate.
                  (E) $300,000 for 25 contraband detection kits 
                to be distributed among ports based on traffic 
                volume.
  (b) Fiscal Year 2003.--Of the amounts made available for 
fiscal year 2003 under section 301(b)(1)(B) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)(1)(B)), as amended by section 101(a) of this Act, 
$9,000,000 shall be available until expended for the 
maintenance and support of the equipment and training of 
personnel to maintain and support the equipment described in 
subsection (a).
  (c) Acquisition of Technologically Superior Equipment; 
Transfer of Funds.--
          (1) In general.--The Commissioner of Customs may use 
        amounts made available for fiscal year 2002 under 
        section 301(b)(1)(A) of the Customs Procedural Reform 
        and Simplification Act of 1978 (19 U.S.C. 
        2075(b)(1)(A)), as amended by section 101(a) of this 
        Act, for the acquisition of equipment other than the 
        equipment described in subsection (a) if such other 
        equipment--
                  (A)(i) is technologically superior to the 
                equipment described in subsection (a); and
                  (ii) will achieve at least the same results 
                at a cost that is the same or less than the 
                equipment described in subsection (a); or
                  (B) can be obtained at a lower cost than the 
                equipment described in subsection (a).
          (2) Transfer of funds.--Notwithstanding any other 
        provision of this section, the Commissioner of Customs 
        may reallocate an amount not to exceed 10 percent of--
                  (A) the amount specified in any of 
                subparagraphs (A) through (R) of subsection 
                (a)(1) for equipment specified in any other of 
                such subparagraphs (A) through (R);
                  (B) the amount specified in any of 
                subparagraphs (A) through (G) of subsection 
                (a)(2) for equipment specified in any other of 
                such subparagraphs (A) through (G); and
                  (C) the amount specified in any of 
                subparagraphs (A) through (E) of subsection 
                (a)(3) for equipment specified in any other of 
                such subparagraphs (A) through (E).

SEC. 103. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

  As part of the annual performance plan for each of the fiscal 
years 2002 and 2003 covering each program activity set forth in 
the budget of the United States Customs Service, as required 
under section 1115 of title 31, United States Code, the 
Commissioner of Customs shall establish performance goals, 
performance indicators, and comply with all other requirements 
contained in paragraphs (1) through (6) of subsection (a) of 
such section with respect to each of the activities to be 
carried out pursuant to section 102.

    Subtitle B--Child Cyber-Smuggling Center of the Customs Service

SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD 
                    PORNOGRAPHY/CHILD SEXUAL EXPLOITATION.

  (a) Authorization of Appropriations.--There is authorized to 
be appropriated to the Customs Service $10,000,000 for fiscal 
year 2002 to carry out the program to prevent child 
pornography/child sexual exploitation established by the Child 
Cyber-Smuggling Center of the Customs Service.
  (b) Use of Amounts for Child Pornography Cyber Tipline.--Of 
the amount appropriated under subsection (a), the Customs 
Service shall provide 3.75 percent of such amount to the 
National Center for Missing and Exploited Children for the 
operation of the child pornography cyber tipline of the Center 
and for increased public awareness of the tipline.

                  Subtitle C--Miscellaneous Provisions

SEC. 121. ADDITIONAL CUSTOMS SERVICE OFFICERS FOR UNITED STATES-CANADA 
                    BORDER.

  Of the amount made available for fiscal year 2002 under 
paragraphs (1) and (2)(A) of section 301(b) of the Customs 
Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075(b)), as amended by section 101 of this Act, $28,300,000 
shall be available until expended for the Customs Service to 
hire approximately 285 additional Customs Service officers to 
address the needs of the offices and ports along the United 
States-Canada border.

SEC. 122. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE 
                    CUSTOMS SERVICE.

  (a) Study.--The Commissioner of Customs shall conduct a study 
of current personnel practices of the Customs Service, 
including an overview of performance standards and the effect 
and impact of the collective bargaining process on drug 
interdiction efforts of the Customs Service and a comparison of 
duty rotation policies of the Customs Service and other Federal 
agencies that employ similarly-situated personnel.
  (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Commissioner of Customs shall submit 
to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate a 
report containing the results of the study conducted under 
subsection (a).

SEC. 123. STUDY AND REPORT RELATING TO ACCOUNTING AND AUDITING 
                    PROCEDURES OF THE CUSTOMS SERVICE.

  (a) Study.--(1) The Commissioner of Customs shall conduct a 
study of actions by the Customs Service to ensure that 
appropriate training is being provided to Customs Service 
personnel who are responsible for financial auditing of 
importers.
  (2) In conducting the study, the Commissioner--
          (A) shall specifically identify those actions taken 
        to comply with provisions of law that protect the 
        privacy and trade secrets of importers, such as section 
        552(b) of title 5, United States Code, and section 1905 
        of title 18, United States Code; and
          (B) shall provide for public notice and comment 
        relating to verification of the actions described in 
        subparagraph (A).
  (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Commissioner of Customs shall submit 
to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate a 
report containing the results of the study conducted under 
subsection (a).

SEC. 124. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; 
                    REPORTS.

  (a) Establishment and Implementation.--
          (1) In general.--Not later than September 30, 2003, 
        the Commissioner of Customs shall, in accordance with 
        the audit of the Customs Service's fiscal years 2000 
        and 1999 financial statements (as contained in the 
        report of the Office of the Inspector General of the 
        Department of the Treasury issued on February 23, 
        2001), establish and implement a cost accounting system 
        for expenses incurred in both commercial and 
        noncommercial operations of the Customs Service.
          (2) Additional requirement.--The cost accounting 
        system described in paragraph (1) shall provide for an 
        identification of expenses based on the type of 
        operation, the port at which the operation took place, 
        the amount of time spent on the operation by personnel 
        of the Customs Service, and an identification of 
        expenses based on any other appropriate classification 
        necessary to provide for an accurate and complete 
        accounting of the expenses.
  (b) Reports.--Beginning on the date of the enactment of this 
Act and ending on the date on which the cost accounting system 
described in subsection (a) is fully implemented, the 
Commissioner of Customs shall prepare and submit to Congress on 
a quarterly basis a report on the progress of implementing the 
cost accounting system pursuant to subsection (a).

SEC. 125. STUDY AND REPORT RELATING TO TIMELINESS OF PROSPECTIVE 
                    RULINGS.

  (a) Study.--The Comptroller General shall conduct a study on 
the extent to which the Office of Regulations and Rulings of 
the Customs Service has made improvements to decrease the 
amount of time to issue prospective rulings from the date on 
which a request for the ruling is received by the Customs 
Service.
  (b) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate a report containing 
the results of the study conducted under subsection (a).
  (c) Definition.--In this section, the term ``prospective 
ruling'' means a ruling that is requested by an importer on 
goods that are proposed to be imported into the United States 
and that relates to the proper classification, valuation, or 
marking of such goods.

SEC. 126. STUDY AND REPORT RELATING TO CUSTOMS USER FEES.

  (a) Study.--The Comptroller General shall conduct a study on 
the extent to which the amount of each customs user fee imposed 
under section 13031(a) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(a)) is commensurate 
with the level of services provided by the Customs Service 
relating to the fee so imposed.
  (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the Committee on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate a report in 
classified form containing--
          (1) the results of the study conducted under 
        subsection (a); and
          (2) recommendations for the appropriate amount of the 
        customs user fees if such results indicate that the 
        fees are not commensurate with the level of services 
        provided by the Customs Service.

SEC. 127. FEES FOR CUSTOMS INSPECTIONS AT EXPRESS COURIER FACILITIES.

  (a) In General.--Section 13031(b)(9) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) 
is amended as follows:
          (1) In subparagraph (A)--
                  (A) in the matter preceding clause (i), by 
                striking ``the processing of merchandise that 
                is informally entered or released'' and 
                inserting ``the processing of letters, 
                documents, records, shipments, merchandise, or 
                any other item that is valued at an amount 
                under $2,000 (or such higher amount as the 
                Secretary may set by regulation pursuant to 
                section 498 of the Tariff Act of 1930), whether 
                or not such items are informally entered or 
                released (except items entered or released for 
                immediate exportation),''; and
                  (B) in clause (ii) to read as follows:
                  ``(ii) In the case of an express consignment 
                carrier facility or centralized hub facility, 
                $.66 per individual airway bill or bill of 
                lading.''.
          (2) By redesignating subparagraph (B) as subparagraph 
        (C) and inserting after subparagraph (A) the following:
          ``(B)(i) For fiscal year 2004 and subsequent fiscal 
        years, the Secretary of the Treasury may adjust (not 
        more than once per fiscal year) the amount described in 
        subparagraph (A)(ii) to not less than $.35 but not more 
        than $1.00 per individual airway bill or bill of 
        lading. The Secretary shall provide notice in the 
        Federal Register of a proposed adjustment under the 
        preceding sentence and the reasons therefor and shall 
        allow for public comment on the proposed adjustment.
          ``(ii) The payment required by subparagraph (A)(ii) 
        shall be the only payment required for reimbursement of 
        the Customs Service in connection with the processing 
        of an individual airway bill or bill of lading in 
        accordance with such subparagraph, except that the 
        Customs Service may charge a fee to cover expenses of 
        the Customs Service for adequate office space, 
        equipment, furnishings, supplies, and security.
          ``(iii)(I) The payment required by subparagraph 
        (A)(ii) and clause (ii) shall be paid on a quarterly 
        basis to the Customs Service in accordance with 
        regulations prescribed by the Secretary of the 
        Treasury.
          ``(II) 50 percent of the amount of payments received 
        under subparagraph (A)(ii) and clause (ii) shall, in 
        accordance with section 524 of the Tariff Act of 1930, 
        be deposited as a refund to the appropriation for the 
        amount paid out of that appropriation for the costs 
        incurred in providing services to express consignment 
        carrier facilities or centralized hub facilities. 
        Amounts deposited in accordance with the preceding 
        sentence shall be available until expended for the 
        provision of customs services to express consignment 
        carrier facilities or centralized hub facilities.
          ``(III) Notwithstanding section 524 of the Tariff Act 
        of 1930, the remaining 50 percent of the amount of 
        payments received under subparagraph (A)(ii) and clause 
        (ii) shall be paid to the Secretary of the Treasury, 
        which is in lieu of the payment of fees under 
        subsection (a)(10) of this section.''.
  (b) Effective Date.--The amendments made by subsection (a) 
take effect on October 1, 2002.

SEC. 128. NATIONAL CUSTOMS AUTOMATION PROGRAM.

  Section 411(b) of the Tariff Act of 1930 (19 U.S.C. 1411(b)) 
is amended by striking the second sentence and inserting the 
following: ``The Secretary may, by regulation, require the 
electronic submission of information described in subsection 
(a) or any other information required to be submitted to the 
Customs Service separately pursuant to this subpart.''.

                  Subtitle D--Antiterrorism Provisions

SEC. 141. EXCLUSIVE REMEDY FOR PERSONAL SEARCH CLAIMS.

  (a) Exclusive Remedy.--Section 3061 of the Revised Statutes 
of the United States (19 U.S.C. 482) is amended--
          (1) by striking ``Any of the officers'' and inserting 
        ``(a) Any of the officers''; and
          (2) by adding at the end the following:
  ``(b) The remedy against the United States for claims arising 
from the search of a person made pursuant to subsection (a) by 
any officer or employee of the Federal government while acting 
within the scope of his office or employment is exclusive of 
any other civil action or proceeding for money damages by 
reason of the same subject matter against the employee whose 
act or omission gave rise to the claim or against the estate of 
such employee. The United States shall be liable for any such 
claim, and any other civil action or proceeding for money 
damages arising out of or relating to the same subject matter 
against the employee or the employees estate is precluded 
without regard to when the act or omission occurred.''.
  (b) Requirement To Post Policy and Procedures for Searches of 
Passengers.--Not later than 30 days after the date of the 
enactment of this Act, the Commissioner of the Customs Service 
shall ensure that at each Customs border facility appropriate 
notice is posted that provides a summary of the policy and 
procedures of the Customs Service for searching passengers, 
including a statement of the policy relating to the prohibition 
on the conduct of profiling of passengers based on gender, 
race, color, religion, or ethnic background.

SEC. 142. EMERGENCY ADJUSTMENTS TO OFFICES, PORTS OF ENTRY, OR STAFFING 
                    OF THE CUSTOMS SERVICE.

  Section 318 of the Tariff Act of 1930 (19 U.S.C. 1318) is 
amended--
          (1) by striking ``Whenever the President'' and 
        inserting ``(a) Whenever the President''; and
          (2) by adding at the end the following:
  ``(b)(1) Notwithstanding any other provision of law, the 
Secretary of the Treasury, when necessary to respond to a 
national emergency declared under the National Emergencies Act 
(50 U.S.C. 1601 et seq.) or to a specific threat to human life 
or national interests, is authorized to take the following 
actions on a temporary basis:
          ``(A) Eliminate, consolidate, or relocate any office 
        or port of entry of the Customs Service.
          ``(B) Modify hours of service, alter services 
        rendered at any location, or reduce the number of 
        employees at any location.
          ``(C) Take any other action that may be necessary to 
        directly respond to the national emergency or specific 
        threat.
  ``(2) Notwithstanding any other provision of law, the 
Commissioner of Customs, when necessary to respond to a 
specific threat to human life or national interests, is 
authorized to close temporarily any Customs office or port of 
entry or take any other lesser action that may be necessary to 
respond to the specific threat.
  ``(3) The Secretary of the Treasury or the Commissioner of 
Customs, as the case may be, shall notify the Committee on Ways 
and Means of the House of Representatives and the Committee on 
Finance of the Senate not later than 72 hours after taking any 
action under paragraph (1) or (2).''.

SEC. 143. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND 
                    PASSENGERS.

  (a) Cargo Information.--
          (1) In general.--Section 431(b) of the Tariff Act of 
        1930 (19 U.S.C. 1431(b)) is amended--
                  (A) in the first sentence, by striking ``Any 
                manifest'' and inserting ``(1) Any manifest''; 
                and
                  (B) by adding at the end the following:
  ``(2)(A) In addition to any other requirement under this 
section, for each land, air, or vessel carrier required to make 
entry under the customs laws of the United States, the pilot, 
the master, operator, or owner of such carrier (or the 
authorized agent of such operator or owner) shall provide by 
electronic transmission cargo manifest information in advance 
of such entry in such manner, time, and form as prescribed 
under regulations by the Secretary. The Secretary may exclude 
any class of land, air, or vessel carrier for which the 
Secretary concludes the requirements of this subparagraph are 
not necessary.
  ``(B) The Secretary shall cooperate with other appropriate 
Federal departments and agencies for the purpose of providing 
to such departments and agencies as soon as practicable cargo 
manifest information obtained pursuant to subparagraph (A). In 
carrying out the preceding sentence, the Secretary, to the 
maximum extent practicable, shall protect the privacy and 
property rights with respect to the cargo involved.''.
          (2) Conforming amendments.--Subparagraphs (A) and (C) 
        of section 431(d)(1) of such Act are each amended by 
        inserting before the semicolon ``or subsection 
        (b)(2)''.
  (b) Passenger Information.--Part II of title IV of the Tariff 
Act of 1930 (19 U.S.C. 1431 et seq.) is amended by inserting 
after section 431 the following:

``SEC. 432. PASSENGER AND CREW INFORMATION REQUIRED FOR LAND, AIR, OR 
                    VESSEL CARRIERS.

  ``(a) In General.--For every person arriving or departing on 
a land, air, or vessel carrier required to make entry or obtain 
clearance under the customs laws of the United States, the 
pilot, the master, operator, or owner of such carrier (or the 
authorized agent of such operator or owner) shall provide by 
electronic transmission information described in subsection (b) 
in advance of such entry or clearance in such manner, time, and 
form as prescribed under regulations by the Secretary.
  ``(b) Information Described.--The information described in 
this subsection shall include for each person described in 
subsection (a), if applicable, the person's--
          ``(1) full name;
          ``(2) date of birth and citizenship;
          ``(3) gender;
          ``(4) passport number and country of issuance;
          ``(5) United States visa number or resident alien 
        card number;
          ``(6) passenger name record; and
          ``(7) such additional information that the Secretary, 
        by regulation, determines is reasonably necessary to 
        ensure aviation and maritime safety pursuant to the 
        laws enforced or administered by the Customs Service.
  ``(c) Sharing of Information.--The Secretary shall cooperate 
with other appropriate Federal departments and agencies for the 
purpose of providing to such departments and agencies as soon 
as practicable electronic transmission information obtained 
pursuant to subsection (a). In carrying out the preceding 
sentence, the Secretary, to the maximum extent practicable, 
shall protect the privacy rights of the person with respect to 
which the information relates.''.
  (c) Definition.--Section 401 of the Tariff Act of 1930 (19 
U.S.C. 1401) is amended by adding at the end the following:
  ``(t) The term `land, air, or vessel carrier' means a land, 
air, or vessel carrier, as the case may be, that transports 
goods or passengers for payment or other consideration, 
including money or services rendered.''.
  (d) Effective Date.--The amendments made by this section 
shall take effect beginning 45 days after the date of the 
enactment of this Act.

SEC. 144. AUTHORIZATION OF APPROPRIATIONS FOR REESTABLISHMENT OF 
                    CUSTOMS OPERATIONS IN NEW YORK CITY.

  (a) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated for the reestablishment of operations of 
        the Customs Service in New York, New York, such sums as 
        may be necessary for fiscal year 2002.
          (2) Operations described.--The operations referred to 
        in paragraph (1) include, but are not limited to, the 
        following:
                  (A) Operations relating to the Port Director 
                of New York City, the New York Customs 
                Management Center (including the Director of 
                Field Operations), and the Special Agent-In-
                Charge for New York.
                  (B) Commercial operations, including textile 
                enforcement operations and salaries and 
                expenses of--
                          (i) trade specialists who determine 
                        the origin and value of merchandise;
                          (ii) analysts who monitor the entry 
                        data into the United States of textiles 
                        and textile products; and
                          (iii) Customs officials who work with 
                        foreign governments to examine textile 
                        makers and verify entry information.
  (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are 
authorized to remain available until expended.

              Subtitle E--Textile Transshipment Provisions

SEC. 151. GAO AUDIT OF TEXTILE TRANSSHIPMENT MONITORING BY CUSTOMS 
                    SERVICE.

  (a) GAO Audit.--The Comptroller General of the United States 
shall conduct an audit of the system established and carried 
out by the Customs Service to monitor textile transshipment.
  (b) Report.--Not later than 9 months after the date of 
enactment of this Act, the Comptroller General shall submit to 
the Committee on Ways and Means of the House of Representatives 
and Committee on Finance of the Senate a report that contains 
the results of the study conducted under subsection (a), 
including recommendations for improvements to the transshipment 
monitoring system if applicable.
  (c) Transshipment Described.--Transshipment within the 
meaning of this section has occurred when preferential 
treatment under any provision of law has been claimed for a 
textile or apparel article on the basis of material false 
information concerning the country of origin, manufacture, 
processing, or assembly of the article or any of its 
components. For purposes of the preceding sentence, false 
information is material if disclosure of the true information 
would mean or would have meant that the article is or was 
ineligible for preferential treatment under the provision of 
law in question.

SEC. 152. AUTHORIZATION OF APPROPRIATIONS FOR TEXTILE TRANSSHIPMENT 
                    ENFORCEMENT OPERATIONS.

  (a) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated for textile transshipment enforcement 
        operations of the Customs Service $9,500,000 for fiscal 
        year 2002.
          (2) Availability.--Amounts appropriated pursuant to 
        the authorization of appropriations under paragraph (1) 
        are authorized to remain available until expended.
  (b) Use of Funds.--Of the amount appropriated pursuant to the 
authorization of appropriations under subsection (a), the 
following amounts are authorized to be made available for the 
following purposes:
          (1) Import specialists.--$1,463,000 for 21 Customs 
        import specialists to be assigned to selected ports for 
        documentation review to support detentions and 
        exclusions and 1 additional Customs import specialist 
        assigned to the Customs headquarters textile program to 
        administer the program and provide oversight.
          (2) Inspectors.--$652,080 for 10 Customs inspectors 
        to be assigned to selected ports to examine targeted 
        high-risk shipments.
          (3) Investigators.--(A) $1,165,380 for 10 
        investigators to be assigned to selected ports to 
        investigate instances of smuggling, quota and trade 
        agreement circumvention, and use of counterfeit visas 
        to enter inadmissible goods.
          (B) $149,603 for 1 investigator to be assigned to 
        Customs headquarters textile program to coordinate and 
        ensure implementation of textile production 
        verification team results from an investigation 
        perspective.
          (4) International trade specialists.--$226,500 for 3 
        international trade specialists to be assigned to 
        Customs headquarters to be dedicated to illegal textile 
        transshipment policy issues and other free trade 
        agreement enforcement issues.
          (5) Permanent import specialists for hong kong.--
        $500,000 for 2 permanent import specialist positions 
        and $500,000 for 2 investigators to be assigned to Hong 
        Kong to work with Hong Kong and other government 
        authorities in Southeast Asia to assist such 
        authorities pursue proactive enforcement of bilateral 
        trade agreements.
          (6) Various permanent trade positions.--$3,500,000 
        for the following:
                  (A) 2 permanent positions to be assigned to 
                the Customs attache office in Central America 
                to address trade enforcement issues for that 
                region.
                  (B) 2 permanent positions to be assigned to 
                the Customs attache office in South Africa to 
                address trade enforcement issues pursuant to 
                the African Growth and Opportunity Act (title I 
                of Public Law 106-200).
                  (C) 4 permanent positions to be assigned to 
                the Customs attache office in Mexico to address 
                the threat of illegal textile transshipment 
                through Mexico and other related issues under 
                the North American Free Trade Agreement Act.
                  (D) 2 permanent positions to be assigned to 
                the Customs attache office in Seoul, South 
                Korea, to address the trade issues in the 
                geographic region.
                  (E) 2 permanent positions to be assigned to 
                the proposed Customs attache office in New 
                Delhi, India, to address the threat of illegal 
                textile transshipment and other trade 
                enforcement issues.
                  (F) 2 permanent positions to be assigned to 
                the Customs attache office in Rome, Italy, to 
                address trade enforcement issues in the 
                geographic region, including issues under free 
                trade agreements with Jordan and Israel.
          (7) Attorneys.--$179,886 for 2 attorneys for the 
        Office of the Chief Counsel of the Customs Service to 
        pursue cases regarding illegal textile transshipment.
          (8) Auditors.--$510,000 for 6 Customs auditors to 
        perform internal control reviews and document and 
        record reviews of suspect importers.
          (9) Additional travel funds.--$250,000 for deployment 
        of additional textile production verification teams to 
        sub-Saharan Africa.
          (10) Training.--(A) $75,000 for training of Customs 
        personnel.
          (B) $200,000 for training for foreign counterparts in 
        risk management analytical techniques and for teaching 
        factory inspection techniques, model law Development, 
        and enforcement techniques.
          (11) Outreach.--$60,000 for outreach efforts to 
        United States importers.

SEC. 153. IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT.

  Of the amount made available for fiscal year 2002 under 
section 301(b)(2)(A) of the Customs Procedural Reform and 
Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)), as 
amended by section 101(b)(1) of this Act, $1,317,000 shall be 
available until expended for the Customs Service to provide 
technical assistance to help sub-Saharan Africa countries 
develop and implement effective visa and anti-transshipment 
systems as required by the African Growth and Opportunity Act 
(title I of Public Law 106-200), as follows:
          (1) Travel funds.--$600,000 for import specialists, 
        special agents, and other qualified Customs personnel 
        to travel to sub-Saharan Africa countries to provide 
        technical assistance in developing and implementing 
        effective visa and anti-transshipment systems.
          (2) Import specialists.--$266,000 for 4 import 
        specialists to be assigned to Customs headquarters to 
        be dedicated to providing technical assistance to sub-
        Saharan African countries for developing and 
        implementing effective visa and anti-transshipment 
        systems.
          (3) Data reconciliation analysts.--$151,000 for 2 
        data reconciliation analysts to review apparel 
        shipments.
          (4) Special agents.--$300,000 for 2 special agents to 
        be assigned to Customs headquarters to be available to 
        provide technical assistance to sub-Saharan African 
        countries in the performance of investigations and 
        other enforcement initiatives.

       TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Section 141(g)(1) of the Trade Act of 1974 
(19 U.S.C. 2171(g)(1)) is amended--
          (1) in subparagraph (A)--
                  (A) in the matter preceding clause (i), by 
                striking ``not to exceed'';
                  (B) in clause (i) to read as follows:
          ``(i) $30,000,000 for fiscal year 2002.'';
                  (C) in clause (ii) to read as follows:
          ``(ii) $32,300,000 for fiscal year 2003.''; and
                  (D) by adding at the end the following:
          ``(iii) $33,108,000 for fiscal year 2004.''; and
          (2) in subparagraph (B)--
                  (A) in clause (i), by adding ``and'' at the 
                end;
                  (B) by striking clause (ii); and
                  (C) by redesignating clause (iii) as clause 
                (ii).
  (b) Submission of Out-Year Budget Projections.--Section 
141(g) of the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended 
by adding at the end the following:
  ``(3) By not later than the date on which the President 
submits to Congress the budget of the United States Government 
for a fiscal year, the United States Trade Representative shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate the 
projected amount of funds for the succeeding fiscal year that 
will be necessary for the Office to carry out its functions.''.
  (c) Additional Staff for Office of Assistant U.S. Trade 
Representative for Congressional Affairs.--
          (1) In general.--There is authorized to be 
        appropriated such sums as may be necessary for fiscal 
        year 2002 for the salaries and expenses of two 
        additional legislative specialist employee positions 
        within the Office of the Assistant United States Trade 
        Representative for Congressional Affairs.
          (2) Availability.--Amounts appropriated pursuant to 
        the authorization of appropriations under paragraph (1) 
        are authorized to remain available until expended.

        TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Section 330(e)(2)(A) of the Tariff Act of 
1930 (19 U.S.C. 1330(e)(2)) is amended--
          (1) in clause (i) to read as follows:
          ``(i) $51,440,000 for fiscal year 2002.'';
          (2) in clause (ii) to read as follows:
          ``(ii) $54,000,000 for fiscal year 2003.''; and
          (3) by adding at the end the following:
          ``(iii) $57,240,000 for fiscal year 2004.''.
  (b) Submission of Out-Year Budget Projections.--Section 
330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is 
amended by adding at the end the following:
  ``(4) By not later than the date on which the President 
submits to Congress the budget of the United States Government 
for a fiscal year, the Commission shall submit to the Committee 
on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate the projected amount of 
funds for the succeeding fiscal year that will be necessary for 
the Commission to carry out its functions.''.

                    TITLE IV--OTHER TRADE PROVISIONS

SEC. 401. INCREASE IN AGGREGATE VALUE OF ARTICLES EXEMPT FROM DUTY 
                    ACQUIRED ABROAD BY UNITED STATES RESIDENTS.

  (a) In General.--Subheading 9804.00.65 of the Harmonized 
Tariff Schedule of the United States is amended in the article 
description column by striking ``$400'' and inserting ``$800''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect 90 days after the date of the enactment of 
this Act.

SEC. 402. REGULATORY AUDIT PROCEDURES.

  Section 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b)) 
is amended by adding at the end the following:
          ``(6)(A) If during the course of any audit concluded 
        under this subsection, the Customs Service identifies 
        overpayments of duties or fees or over-declarations of 
        quantities or values that are within the time period 
        and scope of the audit that the Customs Service has 
        defined, then in calculating the loss of revenue or 
        monetary penalties under section 592, the Customs 
        Service shall treat the overpayments or over-
        declarations on finally liquidated entries as an offset 
        to any underpayments or underdeclarations also 
        identified on finally liquidated entries if such 
        overpayments or over-declarations were not made by the 
        person being audited for the purpose of violating any 
        provision of law.
          ``(B) Nothing in this paragraph shall be construed to 
        authorize a refund not otherwise authorized under 
        section 520.''.
    Amend the title so as to read: ``A bill to authorize 
appropriations for fiscal years 2002 through 2004 for the 
United States Customs Service for antiterrorism, drug 
interdiction, and other operations, for the Office of the 
United States Trade Representative, for the United States 
International Trade Commission, and for other purposes.

                                  
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