I
107TH CONGRESS
1ST SESSION
H. R. 3129
To authorize appropriations for fiscal years 2002 and 2003 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.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 16, 2001
Mr. CRANE introduced the following bill; which was referred to the Committee
on Ways and Means
A BILL
To authorize appropriations for fiscal years 2002 and 2003
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Customs Border Secu-
rity Act of 2001’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—UNITED STATES CUSTOMS SERVICE
Subtitle A—Drug Enforcement and Other Noncommercial and Commercial
Operations
Sec. 101. Authorization of appropriations for noncommercial operations, com-
mercial 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 Flor-
ida 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 pornog-
raphy/child sexual exploitation.
Subtitle C—Personnel Provisions
CHAPTER 1—OVERTIME AND PREMIUM PAY OF OFFICERS OF THE CUSTOMS
SERVICE
Sec. 121. Correction relating to fiscal year cap.
Sec. 122. Correction relating to overtime pay.
Sec. 123. Correction relating to premium pay.
Sec. 124. Effective date.
CHAPTER 2—MISCELLANEOUS PROVISIONS
Sec. 131. Study and report relating to personnel practices of the Customs Serv-
ice.
Sec. 132. Study and report relating to accounting and auditing procedures of
the Customs Service.
Sec. 133. Establishment and implementation of cost accounting system; re-
ports.
Sec. 134. Requirement relating to timeliness of prospective rulings.
Sec. 135. Study and report relating to Customs user fees.
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 oper-
ations 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.
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 Com-
mercial Operations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NON-
COMMERCIAL 
OPERATIONS, 
COMMERCIAL
OPERATIONS, AND AIR AND MARINE INTER-
DICTION.
(a) 
NONCOMMERCIAL
OPERATIONS.—Section
301(b)(1) of the Customs Procedural Reform and Sim-
plification Act of 1978 (19 U.S.C. 2075(b)(1)) is
amended—
(1) in subparagraph (A) to read as follows:
‘‘(A) 
$1,006,501,000 
for 
fiscal 
year
2002.’’; and
(2) in subparagraph (B) to read as follows:
‘‘(B) 
$1,032,567,000 
for 
fiscal 
year
2003.’’.
(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) $1,378,725,000 for fiscal year 2002.’’;
and
(B) in clause (ii) to read as follows:
‘‘(ii) 
$1,414,432,000 
for 
fiscal 
year
2003.’’.
(2) AUTOMATED
COMMERCIAL
ENVIRONMENT
COMPUTER SYSTEM.—Of the amount made available
for each of fiscal years 2002 and 2003 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, establish-
ment, and implementation of the Automated Com-
mercial 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 Commis-
sioner 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 develop-
ment and establishment of the Automated Commer-
cial Environment computer system is being carried
out in a cost-effective manner and meets the mod-
ernization requirements of title VI of the North
American Free Trade Agreements Implementation
Act.
(c) AIR
AND
MARINE
INTERDICTION.—Section
301(b)(3) of the Customs Procedural Reform and Sim-
plification Act of 1978 (19 U.S.C. 2075(b)(3)) is
amended—
(1) in subparagraph (A) to read as follows:
‘‘(A) $183,853,000 for fiscal year 2002.’’;
and
(2) in subparagraph (B) to read as follows:
‘‘(B) $188,615,000 for fiscal year 2003.’’.
(d) SUBMISSION OF OUT-YEAR BUDGET PROJEC-
TIONS.—Section 301(a) of the Customs Procedural Re-
form 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 Presi-
dent submits to Congress the budget of the United States
Government for a fiscal year, the Commissioner of Cus-
toms 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 sub-
section (b).’’.
SEC. 102. ANTITERRORIST AND ILLICIT NARCOTICS DETEC-
TION 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 avail-
able 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 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
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.
(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.
(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.
(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).
(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)
through (6) of subsection (a) of such section with respect
to each of the activities to be carried out pursuant to sec-
tions 111 and 112 of this Act.
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.
Subtitle C—Personnel Provisions
CHAPTER 1—OVERTIME AND PREMIUM
PAY OF OFFICERS OF THE CUSTOMS
SERVICE
SEC. 121. CORRECTION RELATING TO FISCAL YEAR CAP.
Section 5(c)(1) of the Act of February 13, 1911 (19
U.S.C. 267(c)(1)) is amended to read as follows:
‘‘(1) FISCAL
YEAR
CAP.—The aggregate of
overtime pay under subsection (a) (including com-
muting compensation under subsection (a)(2)(B))
that a customs officer may be paid in any fiscal year
may not exceed $30,000, except that—
‘‘(A) the Commissioner of Customs or his
or her designee may waive this limitation in in-
dividual cases in order to prevent excessive
costs or to meet emergency requirements of the
Customs Service; and
‘‘(B) upon certification by the Commis-
sioner of Customs to the Chairmen of the Com-
mittee on Ways and Means of the House of
Representatives and the Committee on Finance
of the Senate that the Customs Service has in
operation a system that provides accurate and
reliable data on a daily basis on overtime and
premium pay that is being paid to customs offi-
cers, the Commissioner is authorized to pay any
customs officer for one work assignment that
would result in the overtime pay of that officer
exceeding the $30,000 limitation imposed by
this paragraph, in addition to any overtime pay
that may be received pursuant to a waiver
under subparagraph (A).’’.
SEC. 122. CORRECTION RELATING TO OVERTIME PAY.
Section 5(a)(1) of the Act of February 13, 1911 (19
U.S.C. 267(a)(1)), is amended by inserting after the first
sentence the following new sentences: ‘‘Overtime pay pro-
vided under this subsection shall not be paid to any cus-
toms officer unless such officer actually performed work
during the time corresponding to such overtime pay. The
preceding sentence shall not apply with respect to the pay-
ment of an award or settlement to a customs officer who
was unable to perform overtime work as a result of a per-
sonnel action in violation of section 5596 of title 5, United
States Code, section 6(d) of the Fair Labor Standards Act
of 1938, or title VII of the Civil Rights Act of 1964.’’.
SEC. 123. CORRECTION RELATING TO PREMIUM PAY.
(a) IN GENERAL.—Section 5(b)(4) of the Act of Feb-
ruary 13, 1911 (19 U.S.C. 267(b)(4)), is amended by add-
ing after the first sentence the following new sentences:
‘‘Premium pay provided under this subsection shall not
be paid to any customs officer unless such officer actually
performed work during the time corresponding to such
premium pay. The preceding sentence shall not apply with
respect to the payment of an award or settlement to a
customs officer who was unable to perform work during
the time described in the preceding sentence as a result
of a personnel action in violation of section 5596 of title
5, United States Code, section 6(d) of the Fair Labor
Standards Act of 1938, or title VII of the Civil Rights
Act of 1964.’’.
(b) CORRECTIONS RELATING TO NIGHT WORK DIF-
FERENTIAL PAY.—Section 5(b)(1) of such Act (19 U.S.C.
267(b)(1)) is amended to read as follows:
‘‘(1) NIGHT WORK DIFFERENTIAL.—
‘‘(A) 5 P.M. TO
MIDNIGHT.—(i) If any
hours of regularly scheduled work of a customs
officer occur during the hours of 5 p.m. and 12
a.m., the officer is entitled to pay for such
hours of work (except for work to which para-
graph (2) or (3) applies) at the officer’s hourly
rate of basic pay plus premium pay amounting
to 18 percent of that basic rate.
‘‘(ii) If the regularly scheduled work of a
customs officer is 4 p.m. to 12:00 a.m., the offi-
cer is entitled to pay for work during such pe-
riod (except for work to which paragraph (2) or
(3) applies) at the officer’s hourly rate of basic
pay plus premium pay amounting to 18 percent
of that basic rate.
‘‘(B) MIDNIGHT
TO
A.M.—(i) If any
hours of regularly scheduled work of a customs
officer occur during the hours of 12 a.m. and
6 a.m., the officer is entitled to pay for such
hours of work (except for work to which para-
graph (2) or (3) applies) at the officer’s hourly
rate of basic pay plus premium pay amounting
to 25 percent of that basic rate.
‘‘(ii) If the regularly scheduled work of a
customs officer is 12 a.m. to 8:00 a.m., the offi-
cer is entitled to pay for work during such pe-
riod (except for work to which paragraph (2) or
(3) applies) at the officer’s hourly rate of basic
pay plus premium pay amounting to 25 percent
of that basic rate.’’.
SEC. 124. EFFECTIVE DATE.
This chapter, and the amendments made by this
chapter, shall apply with respect to pay periods beginning
on or after 15 days after the date of the enactment of
this Act.
CHAPTER 2—MISCELLANEOUS
PROVISIONS
SEC. 131. 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
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. 132. 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
Finance of the Senate a report containing the results of
the study conducted under subsection (a).
SEC. 133. 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.
(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. 134. REQUIREMENT RELATING TO TIMELINESS OF
PROSPECTIVE RULINGS.
(a) REQUIREMENT.—
(1) IN GENERAL.—Subject to paragraph (2),
the Commissioner of Customs shall ensure that each
prospective ruling of the Office of Regulations and
Rulings of the Customs Service is issued not later
than 90 days after the date on which a request for
the ruling is received by the Customs Service.
(2) EXCEPTION.—The Commissioner may es-
tablish exceptions from the requirement of para-
graph (1) for emergency circumstances.
(b) 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
United States and that relates to the proper classification,
valuation, or marking of such goods.
SEC. 135. 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 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.
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
the conduct of profiling of passengers based on race.
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 eliminate, consolidate, or relocate any office or port of
entry of the Customs Service, modify hours of service,
alter services rendered at any location, reduce the number
of employees at any location, or take any other action that
may be necessary to 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 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 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 op-
erator or owner) shall provide by electronic transmission
cargo manifest information described in subparagraph (B)
in advance of such entry or clearance in such manner,
time, and form as prescribed by the Secretary. The Sec-
retary 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 information described in this subparagraph
is the following:
‘‘(i) The port of arrival or departure, whichever
is applicable.
‘‘(ii) The carrier code or prefix code.
‘‘(iii) The flight, voyage, or trip number.
‘‘(iv) The date of scheduled arrival or date of
scheduled departure, whichever is applicable.
‘‘(v) The request for permit to proceed to the
destination, if applicable.
‘‘(vi) The numbers and quantities from the
master and house air waybill, bills of lading, or
ocean bills of lading.
‘‘(vii) The first port of lading of the cargo.
‘‘(viii) A description and weight of the cargo.
‘‘(ix) The shippers name and address from all
air waybills or bills of lading.
‘‘(x) The consignee name and address from all
air waybills or bills of lading.
‘‘(xi) Notice that actual boarded quantities are
not equal to air waybill or bills of lading quantities.
‘‘(xii) Transfer or transit information.
‘‘(xiii) Warehouse or other location of the cargo.