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carrier (or the authorized agent of such operator or owner)
shall provide by electronic transmission cargo manifest in-
formation in advance of such entry in such manner, time,
and form as prescribed under regulations by the Sec-
retary. The Secretary may exclude any class of land, air,
or vessel carrier for which the Secretary concludes the re-
quirements of this subparagraph are not necessary.
‘‘(B) The Secretary shall cooperate with other appro-
priate 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 sen-
tence, the Secretary, to the maximum extent practicable,
shall protect the privacy and property rights with respect
to the cargo involved.’’.
(2) 
CONFORMING
AMENDMENTS.—Subpara-
graphs (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:
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‘‘SEC. 432. PASSENGER AND CREW INFORMATION RE-
QUIRED FOR LAND, AIR, OR VESSEL CAR-
RIERS.
‘‘(a) IN GENERAL.—For every person arriving or de-
parting 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 informa-
tion 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 Sec-
retary, by regulation, determines is reasonably nec-
essary to ensure aviation and maritime safety pursu-
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ant to the laws enforced or administered by the Cus-
toms Service.
‘‘(c) SHARING
OF INFORMATION.—The Secretary
shall cooperate with other appropriate Federal depart-
ments 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 pri-
vacy rights of the person with respect to which the infor-
mation 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 trans-
ports goods or passengers for payment or other consider-
ation, 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 CON-
TRABAND IN OUTBOUND MAIL.
The Tariff Act of 1930 is amended by inserting after
section 582 the following:
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‘‘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 Serv-
ice, 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 Sub-
stances Import and Export Act (21 U.S.C. 953;
relating to exportation of controlled sub-
stances).
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‘‘(D) The Export Administration Act of
1979 (50 U.S.C. app. 2401 et seq.).
‘‘(E) Section 38 of the Arms Export Con-
trol Act (22 U.S.C. 2778).
‘‘(F) The International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.).
‘‘(b) SEARCH OF MAIL NOT SEALED AGAINST IN-
SPECTION AND OTHER MAIL.—Mail not sealed against in-
spection 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 INSPEC-
TION.—(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 rea-
sonable cause to suspect that such mail contains one or
more of the following:
‘‘(A) Monetary instruments, as defined in sec-
tion 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.
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‘‘(C) A drug or other substance listed in sched-
ule 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 Ex-
port 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.).
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‘‘(K) Merchandise subject to any other law en-
forced 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 REES-
TABLISHMENT 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 Direc-
tor of New York City, the New York Customs
Management Center (including the Director of
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Field Operations), and the Special Agent-In-
Charge for New York.
(B) Commercial operations, including tex-
tile enforcement operations and salaries and ex-
penses 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 MONI-
TORING BY CUSTOMS SERVICE.
(a) GAO AUDIT.—The Comptroller General of the
United States shall conduct an audit of the system estab-
lished and carried out by the Customs Service to monitor
textile transshipment.
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(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 recommenda-
tions for improvements to the transshipment monitoring
system if applicable.
(c) TRANSSHIPMENT DESCRIBED.—Transshipment
within the meaning of this section has occurred when pref-
erential treatment under any provision of law has been
claimed for a textile or apparel article on the basis of ma-
terial 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 infor-
mation 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 TEX-
TILE TRANSSHIPMENT ENFORCEMENT OPER-
ATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be
appropriated for textile transshipment enforcement
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operations of the Customs Service $9,500,000 for
fiscal year 2002.
(2) AVAILABILITY.—Amounts appropriated pur-
suant 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 sub-
section (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 spe-
cialist 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 exam-
ine targeted high-risk shipments.
(3) INVESTIGATORS.—(A) $1,165,380 for 10
investigators to be assigned to selected ports to in-
vestigate instances of smuggling, quota and trade
agreement circumvention, and use of counterfeit
visas to enter inadmissible goods.
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(B) $149,603 for 1 investigator to be assigned
to Customs headquarters textile program to coordi-
nate and ensure implementation of textile production
verification team results from an investigation per-
spective.
(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 en-
forcement 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 Amer-
ica to address trade enforcement issues for that
region.
(B) 2 permanent positions to be assigned
to the Customs attache´ office in South Africa to
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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 ad-
dress 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 geo-
graphic region.
(E) 2 permanent positions to be assigned
to the proposed Customs attache´ office in New
Delhi, India, to address the threat of illegal tex-
tile 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 geo-
graphic 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 Serv-
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ice to pursue cases regarding illegal textile trans-
shipment.
(8) AUDITORS.—$510,000 for 6 Customs audi-
tors to perform internal control reviews and docu-
ment 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 counter-
parts 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 Re-
form 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 ef-
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fective 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 spe-
cialists, special agents, and other qualified Customs
personnel to travel to sub-Saharan Africa countries
to provide technical assistance in developing and im-
plementing effective visa and anti-transshipment sys-
tems.
(2) IMPORT SPECIALISTS.—$266,000 for 4 im-
port specialists to be assigned to Customs head-
quarters to be dedicated to providing technical as-
sistance to sub-Saharan African countries for devel-
oping 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-Saha-
ran African countries in the performance of inves-
tigations and other enforcement initiatives.
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TITLE 
II—OFFICE 
OF 
THE
UNITED STATES TRADE REP-
RESENTATIVE
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 PROJEC-
TIONS.—Section 141(g) of the Trade Act of 1974 (19
U.S.C. 2171(g)) is amended by adding at the end the fol-
lowing:
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‘‘(3) By not later than the date on which the Presi-
dent 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 Com-
mittee 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 AF-
FAIRS.—
(1) IN GENERAL.—There is authorized to be
appropriated such sums as may be necessary for fis-
cal 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 pur-
suant to the authorization of appropriations under
paragraph (1) are authorized to remain available
until expended.
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TITLE 
III—UNITED 
STATES
INTERNATIONAL TRADE COM-
MISSION
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 PROJEC-
TIONS.—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 Presi-
dent 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.’’.
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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 con-
cluded under this subsection, the Customs Service
identifies overpayments of duties or fees or over-dec-
larations 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
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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 con-
strued to authorize a refund not otherwise author-
ized under section 520.’’.
Passed the House of Representatives May 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk.