IB
Union Calendar No. 195
107TH CONGRESS
1ST SESSION
H. R. 3129
[Report No. 107–320]
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
DECEMBER 5, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 16, 2001]
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, commer-
cial 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 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. Use of savings from payment of premium pay.
Sec. 125. Effective date.
CHAPTER 2—MISCELLANEOUS PROVISIONS
Sec. 131. Additional Customs Service officers for United States-Canada border.
Sec. 132. Study and report relating to personnel practices of the Customs Service.
Sec. 133. Study and report relating to accounting and auditing procedures of the
Customs Service.
Sec. 134. Establishment and implementation of cost accounting system; reports.
Sec. 135. Study and report relating to timeliness of prospective rulings.
Sec. 136. 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 Cus-
toms 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.
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 Com-
mercial Operations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NON-
COMMERCIAL OPERATIONS, COMMERCIAL OP-
ERATIONS, AND AIR AND MARINE INTERDIC-
TION.
(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) $886,513,000 for fiscal year 2002.’’;
and
(2) in subparagraph (B) to read as follows:
‘‘(B) $909,471,000 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) $1,603,482,000 for fiscal year 2002.’’;
and
(B) in clause (ii) to read as follows:
‘‘(ii) $1,645,009,000 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, 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 establish-
ment of the Automated Commercial Environment
computer system is being carried out in a cost-effec-
tive manner and meets the modernization require-
ments 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) $181,860,000 for fiscal year 2002.’’;
and
(2) in subparagraph (B) to read as follows:
‘‘(B) $186,570,000 for fiscal year 2003.’’.
(d) SUBMISSION
OF OUT-YEAR BUDGET PROJEC-
TIONS.—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 Govern-
ment 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 fis-
cal year that will be necessary for the operations of the Cus-
toms Service as provided for in subsection (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 imple-
mentation and deployment of antiterrorist and illicit nar-
cotics 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 in-
spection 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) ter-
minals to be moved among ports as needed.
(K) $1,000,000 for 20 remote watch surveil-
lance 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 ob-
scured.
(L) $1,254,000 for 57 weigh-in-motion sen-
sors 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 oc-
curring.
(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 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 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 de-
tectors (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 traf-
fic volume.
(F) $240,000 for 10 portable Treasury En-
forcement Communications Systems (TECS) ter-
minals 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 de-
tectors (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 traf-
fic 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 expended for
the maintenance and support of the equipment and train-
ing 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 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 subpara-
graphs (A) through (R) of subsection (a)(1) for
equipment specified in any other of such sub-
paragraphs (A) through (R);
(B) the amount specified in any of subpara-
graphs (A) through (G) of subsection (a)(2) for
equipment specified in any other of such sub-
paragraphs (A) through (G); and
(C) the amount specified in any of subpara-
graphs (A) through (E) of subsection (a)(3) for
equipment specified in any other of such sub-
paragraphs (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 activ-
ity 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 Cus-
toms 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 Ex-
ploited Children for the operation of the child pornography
cyber tipline of the Center and for increased public aware-
ness 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 over-
time pay under subsection (a) (including commuting
compensation under subsection (a)(2)(B)) that a cus-
toms 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 indi-
vidual 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 Rep-
resentatives 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 officers, 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 re-
ceived 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 customs
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 payment of an
award or settlement to a customs officer who was unable
to perform overtime work 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.’’.
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 at the end the following new sentences: ‘‘Premium pay
provided under this subsection shall not be paid to any cus-
toms 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 pay-
ment 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, sec-
tion 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 paragraph (2) or
(3) applies) at the officer’s hourly rate of basic
pay plus premium pay amounting to not less
than 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 officer
is entitled to pay for work during such period
(except for work to which paragraph (2) or (3)
applies) at the officer’s hourly rate of basic pay
plus premium pay amounting to not less than
18 percent of that basic rate.
‘‘(B) MIDNIGHT TO 6 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 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.
‘‘(ii) If the regularly scheduled work of a
customs officer is 12 a.m. to 8:00 a.m., the officer
is entitled to pay for work during such period
(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. USE OF SAVINGS FROM PAYMENT OF PREMIUM
PAY.
Section 5 of the Act of February 13, 1911 (19 U.S.C.
267), is amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(e) USE OF SAVINGS FROM PAYMENT OF PREMIUM
PAY.—
‘‘(1) USE OF AMOUNTS.—For fiscal year 2002,
the Secretary of the Treasury—
‘‘(A) shall determine under paragraph (2)
the amount of savings from the payment of pre-
mium pay to customs officers; and
‘‘(B) shall use an amount from the Customs
User Fee Account equal to such amount deter-
mined under paragraph (2) for additional pre-
mium pay described in clauses (i) and (ii) of
subsection (b)(1)(A).
‘‘(2) DETERMINATION OF SAVINGS AMOUNT.—The
Secretary shall calculate an amount equal to the dif-
ference between—
‘‘(A) the estimated cost for premium pay
that would have been incurred during fiscal year
2002 if this section, as in effect on the day before
the date of the enactment of section 123 of the
Customs Border Security Act of 2001, had gov-
erned such costs; and
‘‘(B) the actual cost for premium pay that
is incurred during fiscal year 2002 under this
section, as amended by section 123 of the Cus-
toms Border Security Act of 2001.’’.
SEC. 125. EFFECTIVE DATE.
This chapter, and the amendments made by this chap-
ter, 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. 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,
$25,000,000 shall be available until expended for the Cus-
toms 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. 132. STUDY AND REPORT RELATING TO PERSONNEL
PRACTICES OF THE CUSTOMS SERVICE.
(a) STUDY.—The Commissioner of Customs shall con-
duct 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 proc-
ess on drug interdiction efforts of the Customs Service and
a comparison of duty rotation policies of the Customs Serv-
ice and other Federal agencies that employ similarly-situ-
ated 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. 133. 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 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 pri-
vacy 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 sub-
paragraph (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. 134. 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 accord-
ance with the audit of the Customs Service’s fiscal
years 2000 and 1999 financial statements (as con-
tained in the report of the Office of the Inspector Gen-
eral of the Department of the Treasury issued on Feb-
ruary 23, 2001), establish and implement a cost ac-
counting system for expenses incurred in both com-
mercial and noncommercial operations of the Customs
Service.
(2) ADDITIONAL
REQUIREMENT.—The cost ac-
counting system described in paragraph (1) shall pro-
vide 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 identi-
fication 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 ac-
counting system described in subsection (a) is fully imple-
mented, 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 pursu-
ant to subsection (a).
SEC. 135. 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 con-
ducted 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
United States and that relates to the proper classification,
valuation, or marking of such goods.
SEC. 136. 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 sub-
section (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 serv-
ices 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 Statutes
of the United States (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 con-
ducting 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 in-
serting ‘‘(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 Emer-
gencies 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.
‘‘(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 author-
ized 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 Commis-
sioner of Customs, as the case may be, shall notify the Com-
mittee 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 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) 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 operator or
owner) shall provide by electronic transmission cargo mani-
fest information in advance of such entry or clearance in
such manner, time, and form as prescribed under regula-
tions by the Secretary. The Secretary may exclude any class
of land, air, or vessel carrier for which the Secretary con-
cludes the requirements of this subparagraph are not nec-
essary.’’.
(2) CONFORMING AMENDMENTS.—Subparagraphs
(A) and (C) of section 431(d)(1) of such Act are each
amended by inserting before the semicolon ‘‘or sub-
section (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 MANIFEST INFORMATION
REQUIRED 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 manifest in-
formation described in subsection (b) in advance of such
entry or clearance in such manner, time, and form as pre-
scribed under regulations by the Secretary.