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TRADE ACT OF 2002
(Continued)
SEC. 341. IMMUNITY FOR UNITED STATES OFFICIALS THAT ACT IN GOOD FAITH.
(a)
IMMUNITY.—Section 3061 of the Revised Statutes (19 U.S.C. 482) is amended—
(1) by striking
‘‘Any of the officers’’ and inserting ‘‘(a) Any of
the officers’’; and
(2) by adding at
the end the following:
‘‘(b) Any officer
or employee of the United States conducting a search of a person pursuant
to subsection (a) shall not be held liable for any civil damages as a
result of such search if the officer or employee performed the search in
good faith and used reasonable means while effectuating such search.’’.
(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 Customs 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. 342. EMERGENCY ADJUSTMENTS TO OFFICES, PORTS
OF ENTRY, OR STAFFING OF THE CUSTOMS
SERVICE.
Section 318 of
the Tariff Act of 1930 (19 U.S.C. 1318) is amended—
(1) by striking
‘‘Whenever the President’’ and inserting ‘‘(a)
Whenever the President’’; and
(2) by adding at
the end the following:
‘‘(b)(1)
Notwithstanding any other provision of law, the Secretary of
the Treasury, when necessary to respond to a national
emergency declared under the National Emergencies Act (50
U.S.C. 1601 et seq.) or to a specific threat to human life or
national interests, is authorized to take the following
actions on a temporary basis:
‘‘(A) Eliminate,
consolidate, or relocate any office or port of
entry of the Customs Service.
‘‘(B) Modify
hours of service, alter services rendered at any
location, or reduce the number of employees at any
location.
‘‘(C) Take any
other action that may be necessary to respond
directly to the national emergency or specific
threat.
‘‘(2)
Notwithstanding any other provision of law, the Commissioner of
Customs, when necessary to respond to a specific threat to human life or
national interests, is authorized to close
temporarily any Customs office or port of entry or take any other
lesser action that may be necessary to respond to the
specific threat.
‘‘(3) The
Secretary of the Treasury or the Commissioner of Customs, as the case may
be, shall notify the Committee on Ways
and Means of the House of Representatives and the Committee
on Finance of the Senate not later than 72 hours after
taking any action under paragraph (1) or (2).’’.
SEC. 343. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR CARGO AND OTHER IMPROVED
CUSTOMS REPORTING PROCEDURES.
(a) CARGO
INFORMATION.—
(1) IN
GENERAL.—Subject to paragraphs (2) and (3), not later
than 1 year after the date of enactment of this Act, the
Secretary shall promulgate regulations providing for the
transmission to the Customs Service, through an
electronic data interchange system, of information
pertaining to cargo destined for importation into the
United States or exportation from the United States,
prior to such importation or exportation.
(2) INFORMATION
REQUIRED.—The information required by the
regulations promulgated pursuant to paragraph (1)
under the parameters set forth in paragraph (3) shall be such information
as the Secretary determines
to be reasonably necessary to ensure aviation,
maritime, and surface transportation safety and security pursuant to those
laws enforced and administered by the
Customs Service.
(3)
PARAMETERS.—In developing regulations pursuant to
paragraph (1), the Secretary shall adhere to the following
parameters:
(A) The Secretary
shall solicit comments from and consult
with a broad range of parties likely to be
affected by the regulations, including importers,
exporters, carriers, customs brokers, and freight
forwarders, among other interested parties.
(B) In general,
the requirement to provide particular
information shall be imposed on the party most likely
to have direct knowledge of that information.
Where requiring information from the party with direct knowledge of that
information is not
practicable, the regulations shall take into
account how, under ordinary commercial
practices, information is acquired by the party on
which the requirement is imposed, and whether and
how such party is able to verify the information.
Where information is not reasonably verifiable by the party on which a requirement
is imposed, the regulations shall permit that party to
transmit information on the basis of what it
reasonably believes to be true.
(C) The Secretary
shall take into account the existence of
competitive relationships among the parties on
which requirements to provide particular
information are imposed.
(D) Where the
regulations impose requirements on carriers
of cargo, they shall take into account
differences among different modes of transportation,
including differences in commercial practices,
operational characteristics, and technological capacity to collect and
transmit information
electronically.
(E) The
regulations shall take into account the extent to
which the technology necessary for parties to
transmit and the Customs Service to receive and
analyze data in a timely fashion is available. To the extent that the
Secretary determines that the
necessary technology will not be widely available
to particular modes of transportation or other affected parties until
after promulgation of the
regulations, the regulations shall provide
interim requirements appropriate for the
technology that is available at the time of promulgation.
(F) The
information collected pursuant to the regulations shall be used
exclusively for ensuring aviation,
maritime, and surface transportation safety and
security, and shall not be used for determining
entry or for any other commercial enforcement
purposes.
(G) The
regulations shall protect the privacy of business proprietary and any
other confidential
information provided to the Customs Service. However,
this parameter does not repeal, amend, or
otherwise modify other provisions of law relating to
the public disclosure of information transmitted
to the Customs Service.
(H) In
determining the timing for transmittal of any
information, the Secretary shall balance likely
impact on flow of commerce with impact on
aviation, maritime, and surface transportation
safety and security. With respect to requirements
that may be imposed on carriers of cargo, the
timing for transmittal of information shall take
into account differences among different modes
of transportation, as described in subparagraph (D).
(I) Where
practicable, the regulations shall avoid imposing
requirements that are redundant with one another or that are redundant
with requirements in
other provisions of law.
(J) The Secretary
shall determine whether it is appropriate
to provide transition periods between
promulgation of the regulations and the effective date of the regulations
and shall prescribe such
transition periods in the regulations, as appropriate.
The Secretary may determine that different
transition periods are appropriate for different
classes of affected parties.
(K) With respect
to requirements imposed on carriers, the
Secretary, in consultation with the Postmaster
General, shall determine whether it is appropriate
to impose the same or similar requirements on
shipments by the United States Postal Service.
If the Secretary determines that such requirements
are appropriate, then they shall be set
forth in the regulations.
(L) Not later
than 15 days prior to promulgation of the
regulations, the Secretary shall transmit to the
Committees on Finance and Commerce,
Science, and Transportation of the Senate and the
Committees on Ways and Means and
Transportation and Infrastructure of the House of
Representatives a report setting forth—
(i) the proposed
regulations;
(ii) an
explanation of how particular requirements in
the proposed regulations meet the needs of
aviation, maritime, and surface
transportation safety and security;
(iii) an
explanation of how the Secretary expects
the proposed regulations to affect the
commercial practices of affected parties; and
(iv) an
explanation of how the proposed regulations address particular comments received
from interested parties.
(b) DOCUMENTATION
OF WATERBORNE CARGO.—Part II of title IV of the Tariff Act of 1930 is
amended by inserting after section
431 the following new section:
‘‘SEC. 431A. DOCUMENTATION OF WATERBORNE CARGO.
‘‘(a)
APPLICABILITY.—This section shall apply to all cargo to be
exported that is moved by a vessel carrier from a port in the
United States.
‘‘(b)
DOCUMENTATION REQUIRED.—(1) No shipper of cargo subject to
this section (including an ocean transportation
intermediary that is a non-vessel-operating common carrier (as
defined in section 3(17)(B) of the Shipping Act of 1984 (46 U.S.C.
App. 1702(17)(B)) may tender or cause to be tendered to
a vessel carrier cargo subject to this section for loading on a
vessel in a United States port, unless such cargo is properly
documented pursuant to this subsection.
‘‘(2) For the
purposes of this subsection, cargo shall be considered
properly documented if the shipper submits to the vessel
carrier or its agent a complete set of shipping documents no
later than 24 hours after the cargo is delivered to the marine terminal
operator, but under no circumstances later
than 24 hours prior to departure of the vessel.
‘‘(3) A complete
set of shipping documents shall include—
‘‘(A) for
shipments for which a shipper’s export declaration is
required, a copy of the export declaration or, if the
shipper files such declarations electronically in the
Automated Export System, the complete bill of lading,
and the master or equivalent shipping instructions,
including the Internal Transaction Number (ITN); or
‘‘(B) for
shipments for which a shipper’s export declaration is
not required, a shipper’s export declaration
exemption statement and such other documents or
information as the Secretary may by regulation prescribe.
‘‘(4) The
Secretary shall by regulation prescribe the time, manner, and
form by which shippers shall transmit documents or
information required under this subsection to the Customs
Service.
‘‘(c) LOADING
UNDOCUMENTED CARGO PROHIBITED.—
‘‘(1) No marine
terminal operator (as defined in section 3(14) of
the Shipping Act of 1984 (46 U.S.C. App. 1702(14)))
may load, or cause to be loaded, any cargo subject to this section on a
vessel unless instructed by the
vessel carrier operating the vessel that such cargo has been properly
documented in accordance with this
section.
‘‘(2) When cargo
is booked by 1 vessel carrier to be transported on
the vessel of another vessel carrier, the booking
carrier shall notify the operator of the vessel that the
cargo has been properly documented in accordance with
this section. The operator of the vessel may rely on
such notification in releasing the cargo for loading
aboard the vessel.
‘‘(d) REPORTING
OF UNDOCUMENTED CARGO.—A vessel carrier shall
notify the Customs Service of any cargo tendered to such
carrier that is not properly documented pursuant to this section and that
has remained in the marine terminal for
more than 48 hours after being delivered to the marine
terminal, and the location of the cargo in the marine
terminal. For vessel carriers that are members of vessel sharing
agreements (or any other arrangement whereby a carrier
moves cargo on another carrier’s vessel), the vessel
carrier accepting the booking shall be responsible for reporting
undocumented cargo, without regard to whether it operates
the vessel on which the transportation is to be made.
‘‘(e) ASSESSMENT
OF PENALTIES.—Whoever is found to have violated
subsection (b) of this section shall be liable to the United
States for civil penalties in a monetary amount up to the
value of the cargo, or the actual cost of the
transportation, whichever is greater.
‘‘(f) SEIZURE OF
UNDOCUMENTED CARGO.—
‘‘(1) Any cargo
that is not properly documented pursuant to this section and has remained
in the marine terminal for more than 48 hours after being delivered to the
marine terminal operator shall be subject to search,
seizure, and forfeiture.
‘‘(2) The shipper
of any such cargo is liable to the marine
terminal operator and to the ocean carrier for demurrage and
other applicable charges for any undocumented
cargo which has been notified to or searched or seized by the Customs
Service for the entire period the
cargo remains under the order and direction of the
Customs Service. Unless the cargo is seized by the Customs Service and
forfeited, the marine terminal
operator and the ocean carrier shall have a lien on the cargo for the
amount of the demurrage and other
charges.
‘‘(g) EFFECT ON
OTHER PROVISIONS.—Nothing in this section shall be
construed, interpreted, or applied to relieve or excuse any
party from compliance with any obligation or requirement
arising under any other law, regulation, or order with regard
to the documentation or carriage of cargo.’’.
(c)
SECRETARY.—For purposes of this section, the term
‘‘Secretary’’ means the Secretary of the Treasury. If, at the time the
regulations required by subsection (a)(1) are promulgated, the
Customs Service is no longer located in the Department of
the Treasury, then the Secretary of the Treasury shall
exercise the authority under subsection (a) jointly with the
Secretary of the Department in which the Customs Service
is located.
SEC. 343A. SECURE SYSTEMS OF TRANSPORTATION.
(a) JOINT TASK
FORCE.—The Secretary of the Treasury shall
establish a joint task force to evaluate, prototype, and certify
secure systems of transportation. The joint task force shall be
comprised of officials from the Department of Transportation
and the Customs Service, and any other officials that
the Secretary deems appropriate. The task force shall establish a program
to evaluate and certify secure systems of
international intermodal transport no later than 1 year after
the date of enactment of this Act. The task force shall
solicit and consider input from a broad range of
interested parties.
(b) PROGRAM
REQUIREMENTS.—At a minimum the program referred
to in subsection (a) shall require certified systems of
international intermodal transport to be significantly more
secure than existing transportation programs, and the program
shall—
(1) establish
standards and a process for screening and evaluating cargo prior to import
into or export from the
United States;
(2) establish
standards and a process for a system of securing
cargo and monitoring it while in transit;
(3) establish
standards and a process for allowing the United
States Government to ensure and validate compliance
with the program elements; and
(4) include any
other elements that the task force deems necessary
to ensure the security and integrity of the
international intermodal transport movements.
(c) RECOGNITION
OF CERTIFIED SYSTEMS.—
(1) SECRETARY OF
THE TREASURY.—The Secretary of the Treasury shall recognize certified systems of
intermodal transport in the requirements of a national
security plan for United States seaports,
and in the
provisions requiring planning to reopen United States
ports for commerce.
(2) COMMISSIONER
OF CUSTOMS.—The Commissioner of Customs
shall recognize certified systems of intermodal
transport in the evaluation of cargo risk for purposes of
United States imports and exports.
(d)
REPORT.—Within 1 year after the program described in
subsection (a) is implemented, the Secretary of the Treasury
shall transmit a report to the Committees on Commerce,
Science, and Transportation and Finance of the Senate and the Committees
on Transportation and Infrastructure and
Ways and Means of the House of Representatives that—
(1) evaluates the
program and its requirements;
(2) states the
Secretary’s views as to whether any procedure,
system, or technology evaluated as part of the program
offers a higher level of security than under existing
procedures;
(3) states the
Secretary’s views as to the integrity of the
procedures, technology, or systems evaluated as part of
the program; and
(4) makes a
recommendation with respect to whether the
program, or any procedure, system, or technology should be incorporated in
a nationwide system for certified systems of intermodal transport.
SEC. 344. BORDER SEARCH AUTHORITY FOR CERTAIN
CONTRABAND IN OUTBOUND MAIL.
(a) IN GENERAL.-The Tariff Act of 1930 is amended
by inserting after section 582 the following:
‘‘SEC. 583. EXAMINATION OF OUTBOUND MAIL.
‘‘(a) EXAMINATION.
‘‘(1) IN GENERAL.-For purposes of ensuring
compliance with the Customs laws of the United States and other laws
enforced by the Customs Service, including the provisions of law
described in paragraph (2), a Customs officer may, subject to the
provisions of this section, stop and search at the border, without a
search warrant, mail of domestic origin transmitted for export by the
United States Postal Service and foreign mail transiting the United
States that is being imported or exported by the United States Postal
Service.
‘‘(2) PROVISIONS OF LAW DESCRIBED.-The provisions
of law described in this paragraph are the following:
‘‘(A) Section 5316 of title 31, United States
Code (relating to reports on exporting and importing monetary
instruments).
‘‘(B) Sections 1461, 1463, 1465, and 1466, and
chapter 110 of title 18, United States Code (relating to obscenity and
child pornography).
‘‘(C) Section 1003 of the Controlled Substances
Import and Export Act (relating to exportation of controlled
substances) (21 U.S.C. 953).
‘‘(D) The Export Administration Act of 1979 (50
U.S.C. App. 2401 et seq.).
‘‘(E) Section 38 of the Arms Export Control Act
(22 U.S.C. 2778).
‘‘(F) The International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
‘‘(b) SEARCH OF MAIL NOT SEALED AGAINST INSPECTION
AND OTHER MAIL.-Mail not sealed against inspection under the postal laws
and regulations of the United States, mail which bears a Customs
declaration, and mail with respect to which the sender or addressee has
consented in writing to search, may be searched by a Customs officer.
‘‘(c) SEARCH OF MAIL SEALED AGAINST INSPECTION
WEIGHING IN EXCESS OF OUNCES.-
‘‘(1) IN GENERAL.-Mail weighing in excess of 16
ounces sealed against inspection under the postal laws and regulations
of the United States may be searched by a Customs officer, subject to
paragraph (2), if there is reasonable cause to suspect that such mail
contains one or more of the following:
‘‘(A) Monetary instruments, as defined in
section 1956 of title 18, United States Code.
‘‘(B) A weapon of mass destruction, as defined
in section 2332a(b) of title 18, United States Code.
‘‘(C) A drug or other substance listed in
schedule I, II, III, or IV in section 202 of the Controlled
Substances Act (21 U.S.C. 812).
‘‘(D) National defense and related information
transmitted in violation of any of sections 793 through 798 of title
18, United States Code.
‘‘(E) Merchandise mailed in violation of
section 1715 or 1716 of title 18, United States Code.
‘‘(F) Merchandise mailed in violation of any
provision of chapter 71 (relating to obscenity) or chapter 110
(relating to sexual exploitation and other abuse of children) of
title 18, United States Code.
‘‘(G) Merchandise mailed in violation of the
Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).
‘‘(H) Merchandise mailed in violation of
section 38 of the Arms Export Control Act (22 U.S.C. 2778).
‘‘(I) Merchandise mailed in violation of the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.).
‘‘(J) Merchandise mailed in violation of the
Trading with the Enemy Act (50 U.S.C. App. 1 et seq.).
‘‘(K) Merchandise subject to any other law
enforced by the Customs Service.
‘‘(2) LIMITATION.-No person acting under the
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 of the Federal Rules of Criminal Procedure; or
‘‘(B) the sender or addressee has given
written authorization for such reading.
‘‘(d) SEARCH OF MAIL SEALED AGAINST INSPECTION
WEIGHING 16 OUNCES OR LESS.-Notwithstanding any other provision of
this section, subsection (a)(1) shall not apply to mail weighing 16
ounces or less sealed against inspection under the postal laws and
regulations of the United States.’’.
(b) CERTIFICATION BY SECRETARY.-Not later than 3
months after the date of enactment of this section, the Secretary of
State shall determine whether the application of section 583 of the
Tariff Act of 1930 to foreign mail transiting the United States that is
imported or exported by the United States Postal Service is being
handled in a manner consistent with international law and any
international obligation of the United States. Section 583 of such Act
shall not apply to such foreign mail unless the Secretary certifies to
Congress that the application of such section 583 is consistent with
international law and any international obligation of the United States.
(c) EFFECTIVE DATE.
(1) IN GENERAL.-Except as provided in paragraph
(2), this section and the amendments made by this section shall take
effect on the date of enactment of this Act.
(2) CERTIFICATION WITH RESPECT TO FOREIGN
MAIL.-The provisions of section 583 of the Tariff Act of 1930 relating
to foreign mail transiting the United States that is imported or
exported by the United States Postal Service shall not take effect
until the Secretary of State certifies to Congress, pursuant to
subsection (b), that the application of such section 583 is consistent
with international law and any international obligation of the United
States.
SEC. 345. AUTHORIZATION OF APPROPRIATIONS FOR
REESTABLISHMENT OF CUSTOMS OPERATIONS IN NEW YORK CITY.
(a) AUTHORIZATION OF APPROPRIATIONS.-
(1) IN GENERAL.-There is authorized to be
appropriated for the reestablishment of operations of the Customs
Service in New York, New York, such sums as may be necessary for
fiscal year 2003.
(2) OPERATIONS DESCRIBED.-The operations
referred to in paragraph (1) include, but are not limited to, the
following:
(A) Operations relating to the Port Director
of New York City, the New York Customs Management Center (including
the Director of Field Operations), and the Special Agent-In-Charge
for New York.
(B) Commercial operations, including textile
enforcement operations and salaries and expenses of
(i) trade specialists who determine the
origin and value of merchandise;
(ii) analysts who monitor the entry data
into the United States of textiles and textile products; and
(iii) Customs officials who work with
foreign governments to examine textile makers and verify entry
information.
(b) AVAILABILITY.-Amounts appropriated pursuant to
the authorization of appropriations under subsection (a) are authorized
to remain available until expended.
SEC. 351. GAO AUDIT OF TEXTILE TRANSSHIPMENT
MONITORING BY CUSTOMS SERVICE.
(a) GAO AUDIT.-The Comptroller General of the
United States shall conduct an audit of the system established and
carried out by the Customs Service to monitor transshipment.
(b) REPORT.-Not later than 9 months after the date
of enactment of this Act, the Comptroller General shall submit to the
Committee on Ways and Means of the House of Representatives and
Committee on Finance of the Senate a report that contains the results of
the study conducted under subsection (a), including recommendations for
improvements to the transshipment monitoring system if applicable.
(c) TRANSSHIPMENT DESCRIBED.-Transshipment within
the meaning of this section has occurred when preferential treatment
under any provision of law has been claimed for a textile or apparel
article on the basis of material false information concerning the
country of origin, manufacture, processing, or assembly of the article
or any of its components. For purposes of the preceding sentence, false
information is material if disclosure of the true information would mean
or would have meant that the article is or was ineligible for
preferential treatment under the provision of law in question.
SEC. 352. AUTHORIZATION OF APPROPRIATIONS FOR
TEXTILE TRANSSHIPMENT ENFORCEMENT OPERATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.
(1) IN GENERAL.-There is authorized to be
appropriated for transshipment (as described in section 351(c))
enforcement operations, outreach, and education of the Customs Service
$9,500,000 for fiscal year 2003.
(2) AVAILABILITY.-Amounts appropriated pursuant
to the authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
(b) USE OF FUNDS.-Of the amount appropriated
pursuant to the authorization of appropriations under subsection (a),
the following amounts are authorized to be made available for the
following purposes:
(1) IMPORT SPECIALISTS.-$1,463,000 for 21
Customs import specialists to be assigned to selected ports for
documentation review to support detentions and exclusions and 1
additional Customs import specialist assigned to the Customs
headquarters textile program to administer the program and provide
oversight.
(2) INSPECTORS.-$652,080 for 10 Customs
inspectors to be assigned to selected ports to examine targeted
high-risk shipments.
(3) INVESTIGATORS.-(A) $1,165,380 for 10
investigators to be assigned to selected ports to investigate
instances of smuggling, quota and trade agreement circumvention, and
use of counterfeit visas to enter inadmissible goods.
(B) $149,603 for 1 investigator to be assigned
to the Customs headquarters textile program to coordinate and ensure
implementation of textile production verification team results from an
investigation perspective.
(4) INTERNATIONAL TRADE SPECIALISTS.- $226,500
for 3 international trade specialists to be assigned to Customs
headquarters to be dedicated to illegal textile transshipment policy
issues, outreach, education, 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 in pursuing proactive enforcement of bilateral trade
agreements.
(6) VARIOUS PERMANENT TRADE POSITIONS.-
$3,500,000 for the following:
(A) 2 permanent positions to be assigned to
the Customs attache ´ office in Central America to address trade
enforcement issues for that region.
(B) 2 permanent positions to be assigned to
the Customs attache ´ office in South Africa to address trade
enforcement issues pursuant to the African Growth and Opportunity
Act (title I of Public Law 106-200).
(C) 4 permanent positions to be assigned to
the Customs attache ´ office in Mexico to address the threat of
illegal textile transshipment through Mexico and other related
issues under the North American Free Trade Agreement Act.
(D) 2 permanent positions to be assigned to
the Customs attache ´ office in Seoul, South Korea, to address the
trade issues in the geographic region.
(E) 2 permanent positions to be assigned to
the proposed Customs attache ´ office in New Delhi, India, to
address the threat of illegal textile transshipment and other trade
enforcement issues.
(F) 2 permanent positions to be assigned to
the Customs attache ´ office in Rome, Italy, to address trade
enforcement issues in the geographic region, including issues under
free trade agreements with Jordan and Israel.
(7) ATTORNEYS.-$179,886 for 2 attorneys for the
Office of the Chief Counsel of the Customs Service to pursue cases
regarding illegal textile transshipment.
(8) AUDITORS.-$510,000 for 6 Customs auditors to
perform internal control reviews and document and record reviews of
suspect importers.
(9) ADDITIONAL TRAVEL FUNDS.-$250,000 for
deployment of additional textile production verification teams to
sub-Saharan Africa.
(10) TRAINING.-(A) $75,000 for training of
Customs personnel.
(B) $200,000 for training for foreign
counterparts in risk management analytical techniques and for teaching
factory inspection techniques, model law development, and enforcement
techniques.
(11) OUTREACH.-$60,000 for outreach efforts to
United States importers.
SEC. 353. IMPLEMENTATION OF THE AFRICAN GROWTH AND
OPPORTUNITY ACT.
Of the amount made available for fiscal year 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
section 311(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 African countries develop and implement effective visa and
anti-transshipment systems as required by the African Growth and
Opportunity Act (title I of Public Law 106-200), as follows:
(1) TRAVEL FUNDS.-$600,000 for import
specialists, special agents, and other qualified Customs personnel to
travel to sub-Saharan African countries to provide technical
assistance in developing and implementing effective visa and
anti-transshipment systems.
(2) IMPORT SPECIALISTS.-$266,000 for 4 import
specialists to be assigned to Customs headquarters to be dedicated to
providing technical assistance to sub-Saharan African countries for
developing and implementing effective visa and anti-transshipment
systems.
(3) DATA RECONCILIATION ANALYSTS.- $151,000 for
2 data reconciliation analysts to review apparel shipments.
(4) SPECIAL AGENTS.-$300,000 for 2 special
agents to be assigned to Customs headquarters to be available to
provide technical assistance to sub-Saharan African countries in the
performance of investigations and other enforcement initiatives.
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Subtitle B-Office of the United
States Trade Representative
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SEC. 361. 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) by striking clause (i), and inserting the
following:
‘‘(i) $32,300,000 for fiscal year 2003.’’; and
(C) by striking clause (ii), and inserting the
following:
‘‘(ii) $33,108,000 for fiscal year 2004.’’; and
(2) in subparagraph (B)-
(A) in clause (i), by adding ‘‘and’’ at the
end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause
ii).
(b) SUBMISSION OF OUT-YEAR BUDGET
PROJECTIONS.-Section 141(g) of the Trade Act of 1974 (19 U.S.C. 2171(g))
is amended by adding at the end the following:
‘‘(3) By not later than the date on which the
President submits to Congress the budget of the United States
Government for a fiscal year, the United States Trade Representative
shall submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate the
projected amount of funds for the succeeding fiscal year that will be
necessary for the Office to carry out its functions.’’.
(c) ADDITIONAL STAFF FOR OFFICE OF ASSISTANT U.S.
TRADE REPRESENTATIVE FOR CONGRESSIONAL AFFAIRS.-
(1) IN GENERAL.-There is authorized to be
appropriated such sums as may be necessary for fiscal year 2003 for
the salaries and expenses of two additional legislative specialist
employee positions within the Office of the Assistant United States
Trade Representative for Congressional Affairs.
(2) AVAILABILITY.-Amounts appropriated pursuant
to the authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
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Subtitle C-United States
International Trade Commission
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SEC. 371. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.-Section 330(e)(2)(A) of the Tariff
Act of 1930 (19 U.S.C. 1330(e)(2)(A)) is amended-
(1) by striking clause (i), and inserting the
following:
‘‘(i) $54,000,000 for fiscal year 2003.’’; and
(2) by striking clause (ii), and inserting the
following:
‘‘(ii) $57,240,000 for fiscal year 2004.’’.
(b) SUBMISSION OF OUT-YEAR BUDGET
PROJECTIONS.-Section 330(e) of the Tariff Act of 1930 (19 U.S.C.
1330(e)(2)) is amended by adding at the end the following:
‘‘(4) By not later than the date on which the
President submits to Congress the budget of the United States
Government for a fiscal year, the Commission shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the projected amount of funds for
the succeeding fiscal year that will be necessary for the Commission
to carry out its functions.’’.
SEC. 381. 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. 382. REGULATORY AUDIT PROCEDURES.
Section 509(b) of the Tariff Act of 1930 (19 U.S.C.
13 1509(b)) is amended by adding at the end the following:
‘‘(6)(A) If during the course of any audit
concluded under this subsection, the Customs Service identifies
overpayments of duties or fees or over-declarations of quantities or
values that are within the time period and scope of the audit that the
Customs Service has defined, then in calculating the loss of revenue
or monetary penalties under section 592, the Customs Service shall
treat the overpayments or over-declarations on finally liquidated
entries as an offset to any underpayments or under declarations also
identified on finally liquidated entries, if such overpayments or
over-declarations were not made by the person being audited for the
purpose of violating any provision of law.
‘‘(B) Nothing in this paragraph shall be
construed to authorize a refund not otherwise authorized under section
520.’’.
SEC. 383. PAYMENT OF DUTIES AND FEES.
Section 505(a) of the Tariff Act of 1930 (19 U.S.C.
1505(a)) is amended to read as follows:
‘‘(a) DEPOSIT OF ESTIMATED DUTIES AND FEES.Unless
the entry is subject to a periodic payment or the merchandise is entered
for warehouse or transportation, or under bond, the importer of record
shall deposit with the Customs Service at the time of entry, or at such
later time as the Secretary may prescribe by regulation (but not later
than 10 working days after entry or release) the amount of duties and
fees estimated to be payable on such merchandise. As soon as a periodic
payment module of the Automated Commercial Environment is developed, but
no later than October 1, 2004, a participating importer of record, or
the importer’s filer, may deposit estimated duties and fees for entries
of merchandise no later than the 15th day of the month following the
month in which the merchandise is entered or released, whichever comes
first.’’.
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