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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 Con-
tainer 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 contra-
band 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 bor-
der ports based on traffic volume.
(G) $500,000 for 25 ultrasonic container
inspection units to be distributed among all
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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 sys-
tems to be distributed to those ports where port
runners are a threat.
(J) $480,000 for 20 portable Treasury En-
forcement Communications Systems (TECS)
terminals to be moved among ports as needed.
(K) $1,000,000 for 20 remote watch sur-
veillance camera systems at ports where there
are suspicious activities at loading docks, vehi-
cle queues, secondary inspection lanes, or areas
where visual surveillance or observation is ob-
scured.
(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 informa-
tion 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.
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(O) $950,000 for 38 spotter camera sys-
tems to counter the surveillance of customs in-
spection activities by persons outside the bound-
aries 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 bor-
der crossing.
(R) $400,000 for license plate reader auto-
matic 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 Con-
tainer 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 inad-
equate.
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(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 bor-
der crossing based on traffic volume.
(3) FLORIDA AND GULF COAST SEAPORTS.—
For Florida and the Gulf Coast seaports, the fol-
lowing:
(A) $4,500,000 for 6 Vehicle and Con-
tainer 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 inad-
equate.
(E) $300,000 for 25 contraband detection
kits to be distributed among ports based on
traffic volume.
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(b) FISCAL YEAR 2003.—Of the amounts made avail-
able 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 ex-
pended 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 Cus-
toms 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 equip-
ment described in subsection (a); or
(B) can be obtained at a lower cost than
the equipment described in subsection (a).
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(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 sub-
paragraphs (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 sub-
paragraphs (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 sub-
paragraphs (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 RE-
QUIREMENTS.
As part of the annual performance plan for each of
the fiscal years 2002 and 2003 covering each program ac-
tivity 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)
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through (6) of subsection (a) of such section with respect
to each of the activities to be carried out pursuant to sec-
tion 102.
Subtitle B—Child Cyber-Smuggling
Center of the Customs Service
SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PRO-
GRAM 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 es-
tablished by the Child Cyber-Smuggling Center of the
Customs Service.
(b) USE OF AMOUNTS FOR CHILD PORNOGRAPHY
CYBER TIPLINE.—Of the amount appropriated under sub-
section (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 pornog-
raphy cyber tipline of the Center and for increased public
awareness of the tipline.
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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 of-
fices 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 Cus-
toms Service, including an overview of performance stand-
ards 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 Cus-
toms shall submit to the Committee on Ways and Means
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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 CUS-
TOMS SERVICE.
(a) STUDY.—(1) The Commissioner of Customs shall
conduct a study of actions by the Customs Service to en-
sure that appropriate training is being provided to Cus-
toms 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 Cus-
toms shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on
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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 ac-
cordance with the audit of the Customs Service’s fis-
cal 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 ac-
counting system described in paragraph (1) shall
provide for an identification of expenses based on
the type of operation, the port at which the oper-
ation 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 ap-
propriate classification necessary to provide for an
accurate and complete accounting of the expenses.
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(b) REPORTS.—Beginning on the date of the enact-
ment 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 improve-
ments 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 ‘‘prospec-
tive ruling’’ means a ruling that is requested by an im-
porter on goods that are proposed to be imported into the
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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 Consoli-
dated 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 im-
posed.
(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 indi-
cate that the fees are not commensurate with the
level of services provided by the Customs Service.
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SEC. 127. FEES FOR CUSTOMS INSPECTIONS AT EXPRESS
COURIER FACILITIES.
(a) IN GENERAL.—Section 13031(b)(9) of the Con-
solidated 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 reg-
ulation pursuant to section 498 of the Tariff
Act of 1930), whether or not such items are in-
formally entered or released (except items en-
tered 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 sub-
paragraph (C) and inserting after subparagraph (A)
the following:
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‘‘(B)(i) For fiscal year 2004 and subsequent
fiscal years, the Secretary of the Treasury may ad-
just (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 no-
tice in the Federal Register of a proposed adjust-
ment 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 reim-
bursement 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 secu-
rity.
‘‘(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 reg-
ulations prescribed by the Secretary of the Treasury.
‘‘(II) 50 percent of the amount of payments re-
ceived under subparagraph (A)(ii) and clause (ii)
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shall, in accordance with section 524 of the Tariff
Act of 1930, be deposited as a refund to the appro-
priation for the amount paid out of that appropria-
tion 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 ex-
pended for the provision of customs services to ex-
press consignment carrier facilities or centralized
hub facilities.
‘‘(III) Notwithstanding section 524 of the Tar-
iff 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 regula-
tion, require the electronic submission of information de-
scribed in subsection (a) or any other information required
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to be submitted to the Customs Service separately pursu-
ant 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 Stat-
utes (19 U.S.C. 482) is amended—
(1) by striking ‘‘Any of the officers’’ and insert-
ing ‘‘(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 PROCE-
DURES 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
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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 of-
fice or port of entry of the Customs Service.
‘‘(B) Modify hours of service, alter services ren-
dered at any location, or reduce the number of em-
ployees at any location.
‘‘(C) Take any other action that may be nec-
essary to directly respond to the national emergency
or specific threat.
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‘‘(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 au-
thorized to close temporarily any Customs office or port
of entry or take any other lesser action that may be nec-
essary to respond to the specific threat.
‘‘(3) The Secretary of the Treasury or the Commis-
sioner of Customs, as the case may be, shall notify the
Committee on Ways and Means of the House of Rep-
resentatives 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 INFORMA-
TION 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