S 89 IS
107th CONGRESS
1st Session
S. 89
To enhance the illegal narcotics control activities of the United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mr. GRASSLEY introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To enhance the illegal narcotics control activities of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Drug-Free America Act of 2001'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DOMESTIC DEMAND REDUCTION
Subtitle A--Drug Treatment and Research
Sec. 112. Amendments to the Public Health Service Act.
Sec. 114. Residential treatment program in Federal prisons.
Sec. 115. Counter-Drug Technology Assessment Center.
Sec. 116. Sense of Congress on research by the National Institutes of Health.
Subtitle B--Drug-Free Communities
Sec. 122. Drug-free communities support program.
Subtitle C--Drug-Free Families
Sec. 135. Establishment of drug-free families support program.
Sec. 136. Authorization of appropriations.
Subtitle D--National Community Antidrug Coalition Institute
Sec. 143. Authorization of appropriations.
TITLE II--DOMESTIC LAW ENFORCEMENT
Subtitle A--National Guard Matters
Sec. 201. Minimum number of members of the National Guard on duty to perform drug interdiction or counter-drug activities.
Sec. 202. National Guard counterdrug schools.
Subtitle B--Customs Matters
Part I--Authorization of Appropriations for United States Customs Service for Enhanced Inspection, Trade Facilitation, and Drug Interdiction
Sec. 221. Authorization of appropriations.
Sec. 222. Cargo inspection and narcotics detection equipment for the United States-Mexico border, United States-Canada border, and Florida and Gulf Coast seaports; internal management improvements.
Sec. 223. Peak hours and investigative resource enhancement for the United States-Mexico and United States-Canada borders, Florida and Gulf Coast seaports, and the Bahamas.
Sec. 224. Agent rotations; elimination of backlog of background investigations.
Sec. 225. Air and marine operation and maintenance funding.
Sec. 226. Compliance with performance plan requirements.
Sec. 227. Report on intelligence requirements.
Part II--Customs Management
Sec. 231. Term and salary of the Commissioner of Customs.
Sec. 232. Internal compliance.
Sec. 233. Report on personnel flexibility.
Sec. 234. Report on personnel allocation model.
Sec. 235. Report on detection and monitoring requirements along the southern tier and northern border.
Part III--Marking Violations
Sec. 241. Civil penalties for marking violations.
Subtitle C--Miscellaneous
Sec. 251. Tethered Aerostat Radar System.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Illegal drugs cost America more than $70,000,000,000 annually. These costs include lost productivity, as well as money spent for drug treatment, illnesses related to drug use, crime prevention and enforcement, and welfare.
(2) Federal, State, and local governments spend more than $30,000,000,000 annually to combat illegal drugs and the consequences of illegal drugs.
(3) The estimated total expenditure by Americans on illicit drugs in 1993 was $48,700,000,000. The vast majority of these illegal drugs are produced overseas and then smuggled into the United States by major criminal organizations.
(4) The estimated worldwide potential of coca net production in 1996 was 303,600 metric tons, and in the same year, the worldwide coca cultivation was 209,700 hectares.
(5) The production of opium has also been increasing for at least the past 10 years, and reached a new high in 1996 of 4,212 metric tons. Production throughout the world has led to an increase in the heroin addict population of the United States, bringing it to a new high of more than 600,000 people.
(6) Money laundering constitutes a serious challenge to the maintenance of law and order throughout the hemisphere and poses a threat to stability, reliability, and the integrity of governments, financial systems, and commerce.
(7) Money laundering of illegal drug profits is an integral part of the drug trafficking process, creating an obstacle in fighting drugs. It is estimated that $100,000,000,000 to $300,000,000,000 in United States currency is laundered each year.
(8) Certification pursuant to the Foreign Assistance Act of 1961 is an essential tool in United States foreign policy. Through the certification process there has been improvement in cooperation levels that demonstrates the importance of holding countries responsible for being major producing, transit, and money laundering countries.
(9) The major criminal organizations that traffic in illegal narcotics are international in scope and extremely flexible in their activities, and are becoming increasingly sophisticated in their methods of operation. Their influence reaches to the highest levels of some foreign governments.
(10) The threat of corruption at all levels of government remains a significant concern when dealing with many nations. Explosive corruption in a number of countries is undermining domestic processes and the rule of law. United States assistance and the pressure of decertification have encouraged many countries to take corruption seriously.
(11) The production and trafficking of illegal narcotics presents a threat to United States interests, both domestic and foreign. Drugs are a corrosive influence on our children, our values, and our Government.
TITLE I--DOMESTIC DEMAND REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the `Domestic Narcotic Demand Reduction Act of 2001'.
Subtitle A--Drug Treatment and Research
SEC. 111. SHORT TITLE.
This subtitle may be cited as the `Drug Treatment and Research Enhancement Act of 2001'.
SEC. 112. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) SHORT TITLE- This section may be cited as the `Key Professionals Education Act'.
(b) CORE COMPETENCIES- Subpart 2 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-21 et seq.), as amended by the Youth Drug and Mental Health Services Act (Public Law 106-310), is amended by adding at the end the following:
`SEC. 519F. CORE COMPETENCIES.
`(a) FINDINGS- Congress makes the following findings:
`(1) According to a 1999 Monitoring the Future Report, heroin use doubled among youth in the United States between 1991 and 1995. Since that time, such heroin use among such youth has remained at the high level reached in 1995.
`(2) The sharp increase in heroin use during the 1990's may be a result of the introduction into the market of heroin of a higher purity.
`(3) According to the National Center on Addiction and Substance Abuse, 29.9 percent of the population living in rural areas, 32.4 percent of the population living in small cities, and 30.2 percent of the population living in big cities found heroin very easy or fairly easy to procure.
`(4) Studies show a high correlation between drug use, availability of drugs, and violence.
`(5) A March 2000 report by the Office of National Drug Control Policy reported that in 1999 persons using illegal drugs were 16 times more likely than nonusers to be arrested for larceny or theft, at least 14 times more likely to be arrested for driving under the influence, drunkenness, and liquor law violations, and at least 9 times more likely to be arrested for assault.
`(b) PURPOSE- The purpose of this section is--
`(1) to educate, train, motivate, and engage key professionals to identify and intervene with children in families affected by substance abuse and to refer members of such families to appropriate programs and services in the communities of such families;
`(2) to encourage professionals to collaborate with key professional organizations representing the targeted professional groups, such as groups of educators, social workers, faith community members, and probation officers, for the purposes of developing and implementing relevant core competencies; and
`(3) to encourage professionals to develop networks to coordinate local substance abuse prevention coalitions.
`(c) PROGRAM AUTHORIZED- The Secretary shall award grants to leading nongovernmental organizations with an expertise in aiding children of substance abusing parents or experience with community antidrug coalitions to help professionals participate in such coalitions and identify and help youth affected by familial substance abuse.
`(d) DURATION OF GRANTS- No organization shall receive a grant under subsection (c) for more than 5 consecutive years.
`(e) APPLICATION- Any organization desiring a grant under subsection (c) shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for the evaluation of the project involved, including both process and outcome evaluation, and the submission of the evaluation at the end of the project period.
`(f) USE OF FUNDS- Grants awarded under subsection (c) shall be used to--
`(1) develop core competencies with various professional groups that the professionals can use in identifying and referring children affected by substance abuse;
`(2) widely disseminate the competencies to professionals and professional organizations through publications and journals that are widely read and respected;
`(3) develop training modules around the competencies; and
`(4) develop training modules for community coalition leaders to enable such leaders to engage professionals from identified groups at the local level in community-wide prevention and intervention efforts.
`(g) DEFINITION- In this section, the term `professional' includes a physician, student assistance professional, social worker, youth and family social service agency counselor, Head Start teacher, clergy, elementary and secondary school teacher, school counselor, juvenile justice worker, child care provider, or a member of any other professional group in which the members provide services to or interact with children, youth, or families.
`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section, $5,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006.'.
(c) NATIONAL INSTITUTE ON DRUG ABUSE- Subpart 15 of part C of title IV of the Public Health Service Act (42 U.S.C. 285o et seq.) is amended by adding at the end the following:
`SEC. 464Q. NATIONAL DRUG ABUSE TREATMENT CLINICAL TRIALS NETWORK.
`(a) PROGRAM AUTHORIZED- The Director of the Institute shall establish a National Drug Abuse Treatment Clinical Trials Network (referred to in this section as the `Network'), and provide support to such Network, to conduct large scale drug abuse treatment studies in community settings using broadly diverse patient populations.
`(b) ACTIVITIES OF NETWORK- The Network described in subsection (a) shall use the support provided under subsection (a) to--
`(1) conduct coordinated, multisite, clinical trials of behavioral and pharmacological approaches and combined therapies for drug abuse and addiction;
`(2) conduct a research practice initiative to--
`(A) identify factors that affect successful adoption of new treatments in order to transport research findings into real-life practice; and
`(B) rapidly and efficiently disseminate scientific findings to the field and to communities in need.
`(c) MEMBERS OF NETWORK- The Network described in subsection (a) shall consist of research and training centers that are linked with community-based treatment programs that represent a diversity of treatment settings and patient populations in the regions of such centers.
`(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2002 through 2007.'.
(d) SURVEY- Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by adding at the end the following:
`SEC. 247. SURVEYS.
`The results of any federally funded survey under this Act shall be made available in at least a preliminary format to the public not later than 1 year after the date on which any such survey is complete.'.
(e) PRACTICE/RESEARCH COLLABORATIVES- Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.), as amended by the Youth Drug and Mental Health Services Act (Public Law 106-310), is amended by adding the following:
`SEC. 506C. PRACTICE/RESEARCH COLLABORATIVES.
`(a) IN GENERAL- The Secretary shall award grants, cooperative agreements, or contracts to public or private nonprofit entities for the purpose of assisting local communities and regions within States in improving the quality of substance abuse treatment and clinical preventive services provided in such communities and regions by increasing interaction and knowledge exchange among key community-based stakeholders, including substance abuse treatment providers, community-based organizations that provide support services to substance abusers, researchers, and policymakers including managed care plan managers and purchasers of substance abuse treatment services.
`(b) ELIGIBILITY- To be eligible to receive a grant, contract, or cooperative agreement under this section an entity shall--
`(1) be a public or private nonprofit entity;
`(2) prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require; and
`(3) demonstrate that the entity has developed a full partnership among--
`(A) community-based treatment and prevention service providers that provide treatment services representing a variety of modalities and including both for profit and nonprofit private entities and programs that serve diverse populations;
`(B) researchers on substance abuse prevention and treatment issues;
`(C) government officials from the community involved in the grant application;
`(D) State officials involved in the funding of substance abuse prevention and treatment services;
`(E) service organizations that serve substance abusers including organizations providing health and mental health services, child welfare, law enforcement, social services, education, and other such services; and
`(c) USE OF FUNDS- Amounts awarded under a grant, contract, or cooperative agreement under subsection (a) may be used to--
`(1) develop ongoing communications for the entities described in subsection (b)(3) to support the establishment of an infrastructure for community-based studies and knowledge transfer;
`(2) share evaluation and applied research results in seminars and publications;
`(3) identify areas of particularly local concern for further study;
`(4) determine, in consultation with appropriate agencies (including the National Institutes of Health), public policy issues of interest to be included in an applied research agenda;
`(5) identify and describe existing prevention and intervention strategies;
`(6) improve methods for evaluating prevention and treatment strategies;
`(7) recruit or retain substance abuse educators and practitioners to participate in specialized training programs to improve knowledge exchange and transfer;
`(8) provide for the implementation of training programs to sustain the adoption of community-based treatment study findings; and
`(9) provide public policymakers and State officials with appropriate information.
`(d) CONDITIONS- The Secretary shall ensure that awards made under subsection (a) are distributed among urban and rural areas and address the needs of vulnerable populations including ethnic and racial minorities, women of childbearing age, individuals with sexually transmitted diseases or HIV.
`(e) DURATION OF AWARDS- With respect to grants, cooperative agreements, or contracts awarded under this section, the period during which payments under such awards are made to the recipient may not exceed 5 years.
`(f) REPORT- A recipient of a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary a report for each year under the grant, contract, or cooperative agreement of the grant a report that details the activities of the recipient under the grant, contract, or cooperative agreement, and makes recommendations for a research agenda for future years based on the information received from those assisted under the grant, contract, or cooperative agreement.
`(g) EVALUATION- The Secretary shall evaluate each project carried out under subsection (a) and shall disseminate the findings with respect to each such evaluation to appropriate public and private entities.
`(h) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section, $20,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 and 2004.'.
(a) SHORT TITLE- This section may be cited as the `Adolescent Therapeutic Community Treatment Programs Act'.
(b) FINDINGS- Congress makes the following findings:
(1) Of the adolescents that currently need substance abuse treatment services, only 20 percent of such adolescents are receiving such services.
(2) Providing alcohol and drug treatment services reduces health care, welfare, and criminal justice costs.
(3) Studies have found that completion of substance abuse treatment services produces sustained reductions in drug use, welfare dependency, crime, and unemployment.
(4) The National Institute of Justice Arrestee Drug Abuse Monitoring drug testing program found that more than half of juvenile male arrestees tested positive for at least 1 drug in 1998.
(5) The 1999 Monitoring the Future study showed that more than half of the teenagers in the United States have tried an illicit drug by the time such teenagers finish high school, and more than 28 percent of such teenagers have tried an illicit drug by the time such teenagers are in eighth grade.
(6) According to the 1999 National Household Survey on Drug Abuse, the average age of new heroin users has dropped from 26.0 years of age in 1992 to 21.3 years of age in 1998.
(7) Studies have shown that intervention at an early stage of addiction is essential in stopping an increasingly frequent drug user from becoming an addict. Whether voluntarily or through legal or parental pressure, the sooner a drug user enters into a well-designed treatment program, the more likely such treatment is to be effective. Voluntary participation in substance abuse programs is not necessary in order to successfully treat a drug user.
(c) PROGRAM AUTHORIZED- The Secretary shall award competitive grants to treatment providers who administer treatment programs to enable such providers to establish adolescent residential substance abuse treatment programs that provide services for individuals who are between the ages of 14 and 21.
(d) PREFERENCE- In awarding grants under subsection (c), the Secretary shall consider the geographic location of each treatment provider and give preference to such treatment providers that are geographically located in such a manner as to provide services to addicts from non-metropolitan areas.
(e) DURATION OF GRANTS- For awards made under subsection (c), the period during which payments are made may not exceed 5 years.
(f) RESTRICTIONS- A treatment provider receiving a grant under subsection (c) shall not use any amount of the grant under this section for land acquisition or a construction project.
(g) CONSTRUCTION- Nothing in this subsection shall be construed to preclude qualifying faith-based treatment providers from receiving a grant under subsection (c).
(h) APPLICATION- A treatment provider that desires a grant under subsection (c) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(i) USE OF FUNDS- A treatment provider that receives a grant under subsection (c) shall use funds received under such grant to provide substance abuse services for adolescents, including--
(1) a thorough psychosocial assessment;
(2) individual treatment planning;
(3) a strong education component integral to the treatment regimen;
(4) life skills training;
(5) individual and group counseling;
(7) daily work responsibilities; and
(8) community-based aftercare, providing 6 months of treatment following discharge from a residential facility.
(j) TREATMENT TYPE- The Therapeutic Community model shall be used as a basis for all adolescent residential substance abuse treatment programs established under this section, which shall be characterized by--
(1) the self-help dynamic, requiring youth to participate actively in their own treatment;
(2) the role of mutual support and the therapeutic importance of the peer therapy group;
(3) a strong focus on family involvement and family strengthening;
(4) a clearly articulated value system emphasizing both individual responsibility and responsibility for the community; and
(5) an emphasis on development of positive social skills.
(k) REPORT BY PROVIDER- Not later than 1 year after receiving a grant under this section, and annually thereafter, a treatment provider shall prepare and submit to the Secretary a report describing the services provided pursuant to this section.
(1) IN GENERAL- Not later than 3 months after receiving all reports by providers under subsection (k), and annually thereafter, the Secretary shall prepare and submit a report containing information described in paragraph (2) to--
(A) the Committee on Health, Education, Labor, and Pensions of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the United States Senate Caucus on International Narcotics Control;
(D) the Committee on Commerce of the House of Representatives;
(E) the Committee on Appropriations of the House of Representatives; and
(F) the Committee on Government Reform of the House of Representatives.
(2) CONTENT- The report described in paragraph (1) shall--
(A) outline the services provided by providers pursuant to this section;
(B) evaluate the effectiveness of such services;
(C) identify the geographic distribution of all treatment centers provided pursuant to this section, and evaluate the accessibility of such centers for addicts from rural areas and small towns; and
(D) make recommendations to improve the programs carried out pursuant to this section.
(m) DEFINITIONS- In this section:
(1) ADOLESCENT RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM- The term `adolescent residential substance abuse treatment program' means a program that provides a regimen of individual and group activities, lasting ideally not less than 12 months, in a community-based residential facility that provides comprehensive services tailored to meet the needs of adolescents and designed to return youth to their families in order that such youth may become capable of enjoying and supporting positive, productive, drug-free lives.
(2) SECRETARY- The term `Secretary' means the Secretary of Health and Human Services.
(3) THERAPEUTIC COMMUNITY- The term `Therapeutic Community' means a highly structured residential treatment facility that--
(A) employs a treatment methodology;
(B) relies on self-help methods and group process, a view of drug abuse as a disorder affecting the whole person, and a comprehensive approach to recovery;
(C) maintains a strong educational component; and
(D) carries out activities that are designed to help youths address alcohol or other drug abuse issues and learn to act in their own best interests, as well as in the best interests of their peers and families.
(n) AUTHORIZATION OF APPROPRIATIONS- There are authorized be appropriated to carry out this section--
(1) $21,000,000 for fiscal year 2002;
(2) $42,000,000 for fiscal year 2003;
(3) $63,000,000 for fiscal year 2004;
(4) $84,000,000 for fiscal year 2005; and
(5) $105,000,000 for fiscal year 2006.
SEC. 114. RESIDENTIAL TREATMENT PROGRAM IN FEDERAL PRISONS.
(a) FINDINGS- Congress makes the following findings:
(1) In April 2000, there were more than 140,000 inmates in the Federal prison system.
(2) In April 2000, nearly 30 percent of Federal inmates were serving sentences ranging between 5 and 10 years, and just over 58 percent of such inmates, or 61,547 persons, were serving time for a drug related offense.
(3) A March 2000 report by the Office of National Drug Control Policy reported that in 1999 illicit drug users--
(A) were 16 times more likely than non-users to be arrested and booked for larceny or theft;
(B) were more than 14 times more likely to be arrested and booked for driving under the influence, drunkenness, and liquor law violations; and
(C) were more than 9 times more likely to be arrested and booked for assault.
(4) According to the Federal Bureau of Investigation's Uniform Crime Reports, drugs are one of the main factors leading to the total number of all homicides.
(5) In a 1999 study, the Bureau of Prisons reported that--
(A) offenders who completed a residential drug abuse treatment program and had been released for a minimum of 6 months were less likely to be arrested and use illegal drugs than inmates who did not participate in such program; and
(B) only 3.3 percent of such offenders who completed such program were likely to be arrested within the first 6 months that such offenders were in the community.
(b) PURPOSE- The purpose of this section is to increase residential drug abuse treatment units in Federal prisons to reduce the number of criminal offenders who are rearrested or who use illegal drugs after release from prison.
(c) PROGRAM AUTHORIZED- The Director of the Federal Bureau of Prisons shall use funds made available under this section to establish residential drug abuse treatment units in Federal prisons.
(d) REQUIREMENTS- A residential drug abuse treatment unit that receives funds under this section shall--
(1) maintain not less than 1,000 hours of activities during a 1-year period;
(2) maintain a staff of such unit in which there is not more than 1 staff member per 12 inmates;
(3) provide intensive treatment activities for all inmates in the residential drug treatment program, including individual and group therapy, specialty seminars, self improvement group counseling, and education, work skills training, and other programs; and
(4) have frequent, regular, and random drug testing for inmates and staff.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2002 and 2003.
SEC. 115. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
(a) STUDY OF HEROIN USE IN THE UNITED STATES-
(1) IN GENERAL- Using amounts appropriated pursuant to the authorization of appropriations in
subsection (c)(1), the Counter-Drug Technology Assessment Center (CTAC) of the Office of National Drug Control Policy shall carry out a study on the number of individuals in the United States who engaged in sustained use of heroin.
(2) BASIS FOR STUDY- The study under paragraph (1) shall be based on the study entitled `A Plan for Estimated the Number of `Hardcore' Drug Users in the United States'.
(b) COUNTER-DRUG TECHNOLOGY INITIATIVES- Using amounts appropriated pursuant to the authorization of appropriations in subsection (c)(2), the Counter-Drug Technology Assessment Center of the Office of National Drug Control Policy shall--
(1) conduct outreach for purposes of reducing duplication of activities among Federal, State, and local entities regarding counterdrug technologies;
(2) develop and implement mechanisms for monitoring and coordinating such activities; and
(3) assist in the transfer of such technologies to State and local law enforcement agencies under the Technology Transfer Program.
(c) AUTHORIZATION OF APPROPRIATIONS- There is hereby authorized to be appropriated for the Counter-Drug Technology Assessment Center of the Office of National Drug Control Policy for fiscal year 2002 the following:
(1) $15,000,000 for purposes of the study required by subsection (a).
(2) $15,000,000 for purposes of activities under subsection (b).
SEC. 116. SENSE OF CONGRESS ON RESEARCH BY THE NATIONAL INSTITUTES OF HEALTH.
It is the sense of Congress that the National Institutes of Health should work with or collaborate with experts from private industry to promote research regarding pharmacological options that may be employed to support drug treatment efforts.
Subtitle B--Drug-Free Communities
SEC. 121. FINDINGS.
Congress makes the following findings:
(1) A child that has a positive relationship with both parents is less likely to use illegal drugs.
(2) Family activities, such as eating dinners together and spending quality time together, can reduce the risk that a child engaged by such activities will use illegal drugs.
(3) Most parents today work and have little opportunity to spend quality time with their children.
(4) Many families are headed by single parents who work all day and do not have enough time to spend with their children.
(5) The 1999 Parent's Resource Institute for Drug Education study (referred to in this section as the `PRIDE study') reported that more than 4,000,000 students who are between the ages 11 and 18 used drugs regularly, and more than 1,000,000 of such students used an illegal drug every day.
(6) The PRIDE study found that students with parents who talked to them about drug use had a 37 percent lower drug use rate than students with parents who did not talk to them about drug use.
(7) The 1999 Monitoring the Future study found that nearly 55 percent of high school seniors in the United States had used an illicit drug in the past month.
(8) A 1999 Mellman Group study found that--
(A) 56 percent of the population in the United States believed that drug use was increasing in 1999;
(B) 92 percent of the population viewed illegal drug use as a serious problem in the United States; and
(C) 73 percent of the population viewed illegal drug use as a serious problem in their communities.
SEC. 122. DRUG-FREE COMMUNITIES SUPPORT PROGRAM.
(a) EXTENSION AND INCREASE OF PROGRAM- Section 1024(a) of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1524(a)) is amended--
(1) by striking `and' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
`(6) $46,000,000 for fiscal year 2003;
`(7) $48,500,000 for fiscal year 2004;
`(8) $51,000,000 for fiscal year 2005;
`(9) $53,500,000 for fiscal year 2006; and
`(10) $56,000,000 for fiscal year 2007.'.
(b) EXTENSION OF LIMITATION ON ADMINISTRATIVE COSTS- Section 1024(b) of that Act (21 U.S.C. 1524(b)) is amended by adding at the end the following new paragraph:
`(6) 8 percent for each of fiscal years 2003 through 2007.'.
(c) MODIFICATION OF ELIGIBILITY CRITERIA OR AMOUNT FOR GRANT RENEWALS- Section 1032 of that Act (21 U.S.C. 1532) is amended by adding at the end the following new subsection:
`(c) MODIFICATION OF ELIGIBILITY CRITERIA OR AMOUNT FOR GRANT RENEWALS- The Administrator may not implement any modification in the criteria for eligibility for the renewal of a grant under this section, or any modification in grant amount upon renewal of a grant under this section, until one year after the date on which the Administrator notifies the recipient of the grant concerned of such modification.'.
(d) SOURCE OF FUNDS FOR EVALUATION OF PROGRAM BY ADMINISTRATOR- Section 1033(b) of that Act (21 U.S.C. 1533(b)) is amended by adding at the end the following new paragraph:
`(3) SOURCE OF FUNDS FOR EVALUATION OF PROGRAM- Amounts for activities under paragraph (2)(B) shall be derived from amounts under section 1024(a) that are available under section 1024(b) for administrative costs.'.
Subtitle C--Drug-Free Families
SEC. 131. SHORT TITLE.
This subtitle may be cited as the `Drug-Free Families Act of 2001'.
SEC. 132. FINDINGS.
Congress makes the following findings:
(1) The National Institute on Drug Abuse estimates that in 1962, less than 1 percent of the nation's adolescents had ever tried an illicit drug. By 1979, drug use among young people had escalated to the highest levels in history: 34 percent of adolescents (ages 12-17), 65 percent of high school seniors (age 18), and 70 percent of young adults (ages 18-25) had used an illicit drug in their lifetime.
(2) Drug use among young people was not confined to initial trials. By 1979, 16 percent of adolescents, 39 percent of high school seniors, and 38 percent of young adults had used an illicit drug in the past month. Moreover, 1 in 9 high school seniors used marijuana daily.
(3) In 1979, the year the largest number of seniors used marijuana, their belief that marijuana could hurt them was at its lowest (35 percent) since surveys have tracked these measures.
(4) Three forces appeared to be driving this escalation in drug use among children and young adults. Between 1972 and 1978, a nationwide political campaign conducted by drug legalization advocates persuaded 11 State legislatures to `decriminalize' marijuana. (Many of those States have subsequently `recriminalized' the drug.) Such legislative action reinforced advocates' assertion that marijuana was `relatively harmless.'
(5) The decriminalization effort gave rise to the emergence of `head shops' (shops for `heads,' or drug users--`coke heads,' `pot heads,' `acid heads,' etc.) which sold drug paraphernalia--an array of toys, implements, and instructional pamphlets and booklets to enhance the use of illicit drugs. Some 30,000 such shops were estimated to be doing business throughout the nation by 1978.
(6) In the absence of Federal funding for drug education then, most of the drug education materials that were available proclaimed that few illicit drugs were addictive and most were `less harmful' than alcohol and tobacco and therefore taught young people how to use marijuana, cocaine, and other illicit drugs `responsibly'.
(7) Between 1977 and 1980, 3 national parent drug-prevention organizations--National Families in Action, PRIDE, and the National Federation of Parents for Drug-Free Youth (now called the National Family Partnership)--emerged to help concerned parents form some 4,000 local parent prevention groups across the nation to reverse all of these trends in order to prevent children from using drugs. Their work created what has come to be known as the parent drug-prevention movement, or more simply, the parent movement. This movement set 3 goals: to prevent the use of any illegal drug, to persuade those who had started using drugs to stop, and to obtain treatment for those who had become addicted so that they could return to drug-free lives.
(8) The parent movement pursued a number of objectives to achieve these goals. First, it helped parents educate themselves about the harmful effects of drugs, teach that information to their children, communicate that they expected their children not to use drugs, and establish consequences if children failed to meet that expectation. Second, it helped parents form groups with other parents to set common age-appropriate social and behavioral guidelines to protect their children from exposure to drugs. Third, it encouraged parents to insist that their communities reinforce parents' commitment to protect children from drug use.
(9) The parent movement stopped further efforts to decriminalize marijuana, both in the States and at the Federal level.
(10) The parent movement worked for laws to ban the sale of drug paraphernalia. If drugs were illegal, it made no sense to condone the sale of toys and implements to enhance the use of illegal drugs, particularly when those products targeted children. As town, cities, counties, and States passed anti-paraphernalia laws, drug legalization organizations challenged their Constitutionality in Federal courts until the early 1980's, when the United States Supreme Court upheld Nebraska's law and established the right of communities to ban the sale of drug paraphernalia.
(11) The parent movement insisted that drug-education materials convey a strong no-use message in compliance with both the law and with medical and scientific information that demonstrates that drugs are harmful, particularly to young people.
(12) The parent movement encouraged others in society to join the drug prevention effort and many did, from First Lady Nancy Reagan to the entertainment industry, the business community, the media, the medical community, the educational community, the criminal justice community, the faith community, and local, State, and national political leaders.
(13) The parent movement helped to cause drug use among young people to peak in 1979. As its efforts continued throughout the next decade, and as others joined parents to expand the drug-prevention movement, between 1979 and 1992 these collaborative prevention efforts contributed to reducing monthly illicit drug use by two-thirds among adolescents and young adults and reduced daily marijuana use among high-school seniors from 10.7 percent to 1.9 percent. Concurrently, both the parent movement and the larger prevention movement that evolved throughout the 1980's, working together, increased high school seniors' belief that marijuana could hurt them, from 35 percent in 1979 to 79 percent in 1991.
(14) Unfortunately, as drug use declined, most of the 4,000 volunteer parents groups that contributed to the reduction in drug use disbanded, having accomplished the job they set out to do. But the absence of active parent groups left a vacuum that was soon filled by a revitalized drug-legalization movement. Proponents began advocating for the legalization of marijuana for medicine, the legalization of all Schedule I drugs for medicine, the legalization of hemp for medicinal, industrial and recreational use,
and a variety of other proposals, all designed to ultimately attack, weaken, and eventually repeal the nation's drug laws.
(15) Furthermore, legalization proponents are also beginning to advocate for treatment that maintains addicts on the drugs to which they are addicted (heroin maintenance for heroin addicts, controlled drinking for alcoholics, etc.), for teaching school children to use drugs `responsibly,' and for other measures similar to those that produced the drug epidemic among young people in the 1970's.
(16) During the 1990's, the message embodied in all of this activity has once again driven down young people's belief that drugs can hurt them. As a result, the reductions in drug use that occurred over 13 years reversed in 1992, and adolescent drug use has more than doubled.
(17) In 1970, 40.5 percent of women in the workforce were married. By 1997, that percentage has climbed to 61.6 percent, meaning fewer parents have time to volunteer. Many families are headed by single parents. In some families no parents are available, and grandparents, aunts, uncles, or foster parents are raising the family's children.
(18) Recognizing that these challenges make it much more difficult to reach parents today, several national parent and family drug-prevention organizations have formed the Parent Collaboration to address these issues in order to build a new parent and family movement to prevent drug use among children.
(19) Motivating parents and parent groups to coordinate with local community anti-drug coalitions is a key goal of the Parent Collaboration, as well as coordinating parent and family drug-prevention efforts with Federal, State, and local governmental and private agencies and political, business, medical and scientific, educational, criminal justice, religious, and media and entertainment industry leaders.
SEC. 133. PURPOSES.
The purposes of this subtitle are to--
(1) build a movement to help parents and families prevent drug use among their children and adolescents;
(2) help parents and families reduce drug abuse and drug addiction among adolescents who are already using drugs, and return them to drug-free lives;
(3) increase young people's perception that drugs are harmful to their health, well-being, and ability to function successfully in life;
(4) help parents and families educate society that the best way to protect children from drug use and all of its related problems is to convey a clear, consistent, no-use message;
(5) strengthen coordination, cooperation, and collaboration between parents and families and all others who are interested in protecting children from drug use and all of its related problems;
(6) help parents strengthen their families, neighborhoods, and school communities to reduce risk factors and increase protective factors to ensure the healthy growth of children; and
(7) provide resources in the fiscal year 2002 Federal drug control budget for a grant to the Parent Collaboration to conduct a national campaign to mobilize today's parents and families through the provision of information, training, technical assistance, and other services to help parents and families prevent drug use among their children and to build a new parent and family drug-prevention movement.
SEC. 134. DEFINITIONS.
(1) ADMINISTRATIVE COSTS- The term `administrative costs' means those costs that the assigned Federal agency will incur to administer the grant to the Parent Collaboration.
(2) NO-USE MESSAGE- The term `no-use message' means a message advocating no use of any illegal drug and no illegal use of any legal drug or substance that is sometimes used illegally, such as prescription drugs, inhalants, and alcohol and tobacco for children and adolescents under the legal purchase age.
(3) PARENT COLLABORATION- The term `Parent Collaboration' means a legal entity, that is exempt from income taxation under section 501(c)(3) of the Internal Revenue Code of 1986, and is created by 3 or more groups that--
(A) have a primary mission of helping parents prevent drug use, drug abuse, and drug addiction among their children, their families, and their communities;
(B) have carried out this mission for a minimum of 5 consecutive years; and
(C) base their drug-prevention missions on the foundation of a strong, no-use message in compliance with international, Federal, State, and local treaties and laws that prohibit the possession, production, cultivation, distribution, sale, and trafficking in illegal drugs;
in order to build a new parent and family movement to prevent drug use among children and adolescents.
SEC. 135. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT PROGRAM.
(a) IN GENERAL- The Attorney General shall make a grant to the Parents Collaboration to conduct a national campaign to build a new parent and family movement to help parents and families prevent drug abuse among their children.
(b) TERMINATION- The period of the grant under this section shall be 5 years.
SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There is authorized to be appropriated to carry out this subtitle, $5,000,000 for each of fiscal years 2002 through 2006 for a grant to the Parent Collaboration to conduct the national campaign to mobilize parents and families.
(b) ADMINISTRATIVE COSTS- Not more than 5 percent of the total amount made available under subsection (a) in each fiscal year may be used to pay administrative costs of the Parent Collaboration.
Subtitle D--National Community Antidrug Coalition Institute
SEC. 141. SHORT TITLE.
This subtitle may be cited as the `National Community Antidrug Coalition Institute Act of 2001'.
SEC. 142. ESTABLISHMENT.
(a) IN GENERAL- The Director of the Office of National Drug Control Policy may make grants to an organization to provide for the establishment of a National Community Antidrug Coalition Institute.
(b) REQUIREMENTS- The organization receiving a grant under subsection (a) shall--
(1) be a national nonprofit organization that represents, provides technical assistance and training to, and has special expertise and broad, national-level experience in community anti-drug coalitions; and
(2) establish a National Community Antidrug Coalition Institute that will--
(A) provide education, training, and technical assistance for coalition leaders and community teams;
(B) conduct evaluation, testing, and diffusion of tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes; and
(C) bridge the gap between research and practice by translating knowledge from research into practical information.
(c) DISCHARGE OF RESPONSIBILITIES- The Director may employ such staff and enter into such contracts and agreements, including agreements or memoranda of understanding with other governmental agencies, as the Director considers appropriate for purposes of making grants under this section and otherwise carrying out the responsibilities of the Director under this subtitle.
SEC. 143. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $2,000,000 for each of fiscal years 2002 and 2003 for purposes of making grants as provided in section 142.
TITLE II--DOMESTIC LAW ENFORCEMENT
Subtitle A--National Guard Matters
SEC. 201. MINIMUM NUMBER OF MEMBERS OF THE NATIONAL GUARD ON DUTY TO PERFORM DRUG INTERDICTION OR COUNTER-DRUG ACTIVITIES.
(a) FINDINGS- Congress makes the following findings regarding members of the National Guard who participate in drug interdiction and counter-drug activities of the National Guard:
(1) Such members have significantly higher rates of attendance at inactive duty training and annual training than members of the National Guard who do not participate in such activities.
(2) Such members attend significantly more military training than members of the National Guard who do not participate in such activities, thereby putting such members at a higher state of military readiness.
(3) Such members attend significantly more non-military training designed to enhance support of law enforcement and community-based agencies than members of the National Guard who do not participate in such activities.
(4) Such members are above-average soldiers and airmen who maintain a high level of individual combat readiness.
(5) This high level of individual combat readiness has a positive effect on individual combat readiness in the National Guard as a whole and contributes to the success of unit training and evaluations and unit readiness.
(6) Such members evoke positive comments regarding their qualifications and performance in the National Guard.
(b) MINIMUM NUMBER OF MEMBERS ON DUTY- Section 112(f) of title 32, United States Code, is amended--
(1) by striking `END STRENGTH LIMITATION- (1) Except as provided in paragraph (2), at the end of a fiscal year there may not be more than 4000 members' and inserting `MINIMUM NUMBER OF MEMBERS ON DUTY PERFORMING ACTIVITIES- (1) At the end of a fiscal year there may not be less than 4,000 members';
(2) by striking paragraph (2); and
(3) by adding at the end the following new paragraph (2):
`(2) The President may waive the minimum in paragraph (1) in the event that the armed forces are involved in hostilities or that imminent involvement by the armed forces in hostilities is clearly indicated by the circumstances.'.
(c) APPLICABILITY- The amendments made by subsection (b) shall take effect on October 1, 2001, and shall apply with respect to fiscal years ending after that date.
SEC. 202. NATIONAL GUARD COUNTERDRUG SCHOOLS.
(a) AUTHORITY TO OPERATE- Under such regulations as the Secretary of Defense may prescribe, the Chief of the National Guard Bureau may establish and operate not more than five schools (to be known generally as `National Guard counterdrug schools') for the provision by the National Guard of training in drug interdiction and counter-drug activities, and drug demand reduction activities, to the personnel of the following:
(2) State and local law enforcement agencies.
(3) Community-based organizations engaged in such activities.
(4) Other non-Federal governmental and private entities and organizations engaged in such activities.
(b) COUNTERDRUG SCHOOLS SPECIFIED- The National Guard counterdrug schools operated under the authority in subsection (a) are as follows:
(1) The National Interagency Civil-Military Institute (NICI), San Luis Obispo, California.
(2) The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida.
(3) The Midwest Counterdrug Training Center (MCTC), to be established in Johnston, Iowa.
(4) The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi.
(5) The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania.
(c) USE OF NATIONAL GUARD PERSONNEL- (1) To the extent provided for in the State drug interdiction and counter-drug activities plan of a State in which a National Guard counterdrug school is located, personnel of the National Guard of that State who are ordered to perform full-time National Guard duty authorized under section 112(b) of title 32, United States Code, may provide training referred to in subsection (a) at that school.
(2) In this subsection, the term `State drug interdiction and counter-drug activities plan', in the case of a State, means the current plan submitted by the Governor of the State to the Secretary of Defense under section 112 of title 32, United States Code.
(d) ANNUAL REPORTS ON ACTIVITIES- (1) Not later than February 1, 2002, and annually thereafter, the Secretary of Defense shall submit to Congress a report on the activities of the National Guard counterdrug schools.
(2) Each report under paragraph (1) shall set forth the following:
(A) The amount made available for each National Guard counterdrug school during the fiscal year ending in the year preceding the year in which such report is submitted.
(B) A description of the activities of each National Guard counterdrug school during the year preceding the year in which such report is submitted.
(3) The report under paragraph (1) in 2002 shall set forth, in addition to the matters described in paragraph (2), a description of the activities relating to the establishment of the Midwest Counterdrug Training Center in Johnston, Iowa.
(e) AUTHORIZATION OF APPROPRIATIONS- (1) There is hereby authorized to be appropriated for the Department of Defense for the National Guard for fiscal year 2002, $25,000,000 for purposes of the National Guard counterdrug schools in that fiscal year.
(2) The amount authorized to be appropriated by paragraph (1) is in addition to any other amount authorized to be appropriated for the Department of Defense for the National Guard for fiscal year 2002.
(f) AVAILABILITY OF FUNDS- (1) Of the amount authorized to be appropriated by subsection (e)(1)--
(A) $4,000,000 shall be available for the National Interagency Civil-Military Institute, San Luis Obispo, California;
(B) $8,000,000 shall be available for the Multi-Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida;
(C) $3,000,000 shall be available for the Midwest Counterdrug Training Center, Johnston, Iowa;
(D) $5,000,000 shall be available for the Regional Counterdrug Training Academy, Meridian, Mississippi; and
(E) $5,000,000 shall be available for the Northeast Regional Counterdrug Training Center, Fort Indiantown Gap, Pennsylvania.
(2) Amounts available under paragraph (1) shall remain available until expended.
(g) FUNDING FOR FISCAL YEARS AFTER FISCAL YEAR 2002- (1) The budget of the President that is submitted to Congress under section 1105 of title 31, United States Code, for any fiscal year after fiscal year 2002 shall set forth as a separate budget item the amount requested for such fiscal year for the National Guard counterdrug schools.
(2) It is the sense of Congress that--
(A) the amount authorized to appropriated for the National Guard counterdrug schools for any fiscal year after fiscal year 2002 should not be less than the amount authorized to be appropriated for those schools for fiscal year 2002 by subsection (e)(1), in constant fiscal year 2002 dollars; and
(B) the amount made available to each National Guard counterdrug school for any fiscal year after fiscal year 2002 should not be less than the amount made available for such school for fiscal year 2002 by subsection (f)(1), in constant fiscal year 2002 dollars, except that the amount made available for the Midwest Counterdrug Training School should not be less than $5,000,000, in constant fiscal year 2002 dollars.
Subtitle B--Customs Matters
SEC. 211. SHORT TITLE.
This subtitle may be cited as the `Customs Authorization Act of 2001'.
PART I--AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES CUSTOMS SERVICE FOR ENHANCED INSPECTION, TRADE FACILITATION, AND DRUG INTERDICTION
SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
(a) DRUG ENFORCEMENT AND OTHER NONCOMMERCIAL OPERATIONS- Subparagraphs (A) and (B) of section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) are amended to read as follows:
`(A) $1,029,608,384 for fiscal year 2002.
`(B) $1,111,450,668 for fiscal year 2003.'.
(b) COMMERCIAL OPERATIONS- Clauses (i) and (ii) of section 301(b)(2)(A) of such Act (19 U.S.C. 2075(b)(2)(A)) are amended to read as follows:
`(i) $1,251,794,435 for fiscal year 2002.
`(ii) $1,348,676,435 for fiscal year 2003.'.
(c) AIR AND MARINE INTERDICTION- Subparagraphs (A) and (B) of section 301(b)(3) of such Act (19 U.S.C. 2075(b)(3)) are amended to read as follows:
`(A) $229,001,000 for fiscal year 2002.
`(B) $176,967,000 for fiscal year 2003.'.
(d) SUBMISSION OF BUDGET PROJECTIONS- Section 301(a) of such Act (19 U.S.C. 2075(a)) is amended by adding at the end the following:
`(3) By no later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the Commissioner of Customs shall submit to the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate the budget request submitted to the Secretary of the Treasury estimating the amount of funds for that fiscal year that will be necessary for the operations of the Customs Service as provided for in subsection (b).'.
(e) AUTHORIZATION OF APPROPRIATIONS FOR MODERNIZING CUSTOMS SERVICE COMPUTER SYSTEMS-
(1) ESTABLISHMENT OF AUTOMATION MODERNIZATION WORKING CAPITAL FUND- There is established within the United States Customs Service an Automation Modernization Working Capital Fund (in this section referred to as the `Fund'). The Fund shall consist of the amounts authorized to be appropriated under paragraph (2) and shall be available as follows:
(A) To implement a program for modernizing the Customs Service computer systems.
(B) To maintain the existing computer systems of the Customs Service until a modernized computer system is fully implemented.
(C) For related computer system modernization activities of the Customs Service.
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for the Fund $242,000,000 for fiscal year 2002 and $336,000,000 for fiscal year 2003. The amounts authorized to be appropriated under this paragraph shall remain available until expended.
(A) REPORT- The Commissioner of Customs shall, not later than March 31 and September 30 of each year, submit to the Comptroller General of the United States, the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives and the Committee on Appropriations and the Committee on Finance of the Senate a report on the progress being made in the modernization of the Customs Service computer systems. Each such report shall--
(i) include explicit criteria used to identify, evaluate, and prioritize investments for computer systems modernization planned for the Customs Service for each of fiscal years 2002 through 2006;
(ii) provide a schedule for mitigating any deficiencies identified by the Comptroller General and for developing and implementing all computer systems modernization projects;
(iii) provide a plan for expanding the utilization of private sector sources for the development and integration of computer systems; and
(iv) contain timely schedules and resource allocations for implementing the modernization of the Customs Service computer systems.
(B) AUDIT- Not later than 30 days after a report described in subparagraph (A) is received, the Comptroller General shall audit the report and shall provide the results of the audit to the Commissioner of Customs, the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives, and the Committee on Appropriations and the Committee on Finance of the Senate.
(C) CESSATION OF REPORT- No report is required under this paragraph after September 30, 2006.
SEC. 222. CARGO INSPECTION AND NARCOTICS DETECTION EQUIPMENT FOR THE UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA BORDER, AND FLORIDA AND GULF COAST SEAPORTS; INTERNAL MANAGEMENT IMPROVEMENTS.
(a) FISCAL YEAR 2002- Of the 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 221(a) of this Act, $118,936,000 shall be available until expended for acquisition and other expenses associated with implementation and deployment of narcotics detection equipment along the United States-Mexico border, the United States-Canada border, and Florida and the Gulf Coast seaports, and for internal management improvements as follows:
(1) UNITED STATES-MEXICO BORDER- For the United States-Mexico border, the following amounts shall be available:
(A) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS).
(B) $11,000,000 for 5 mobile truck x-rays with transmission and backscatter imaging.
(C) $12,000,000 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 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 systems to be distributed to those ports where port runners are a threat.
(J) $480,000 for 20 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed.
(K) $1,000,000 for 20 remote watch surveillance 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 obscured.
(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 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 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 border crossing.
(R) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles.
(S) $1,000,000 for a demonstration site for a high-energy relocatable rail car inspection system with an x-ray source switchable from 2,000,000 electron volts (2-MeV) to 6,000,000 electron volts (6-MeV) at a shared Department of Defense testing facility for a two-month testing period.
(T) $2,500,000 for a demonstration project for passive detection technology.
(2) UNITED STATES-CANADA BORDER- For the United States-Canada border, the following amounts shall be available:
(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 detectors (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 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 border crossing based on traffic volume.
(H) $600,000 for 30 fiber optic scopes.
(I) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate.
(J) $3,000,000 for 10 x-ray vans with particle detectors.
(K) $40,000 for 8 AM loop radio systems.
(L) $400,000 for 100 vehicle counters.
(M) $1,200,000 for 12 examination tool trucks.
(N) $2,400,000 for 3 dedicated commuter lanes.
(O) $1,050,000 for 3 automated targeting systems.
(P) $572,000 for 26 weigh-in-motion sensors.
(Q) $480,000 for 20 portable Treasury Enforcement Communication Systems (TECS).
(3) FLORIDA AND GULF COAST SEAPORTS- For Florida and the Gulf Coast seaports, the following amounts shall be available:
(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 detectors (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 traffic volume.
(4) INTERNAL MANAGEMENT IMPROVEMENTS- For internal management improvements, the following amounts shall be available:
(A) $2,500,000 for automated systems for management of internal affairs functions.
(B) $700,000 for enhanced internal affairs file management systems.
(C) $2,700,000 for enhanced financial asset management systems.
(D) $6,100,000 for enhanced human resources information system to improve personnel management.
(E) $2,700,000 for new data management systems for improved performance analysis, internal and external reporting, and data analysis.
(F) $1,700,000 for automation of the collection of key export data as part of the implementation of the Automated Export system.
(b) TEXTILE TRANSSHIPMENT- Of the amounts made available for fiscal years 2002 and 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 221(a) of this Act, $3,364,435 shall be available for each such fiscal year for textile transshipment enforcement.
(c) FISCAL YEAR 2003- Of the amounts made available 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 221(a) of this Act, $9,923,500 shall be available for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (a).
(d) 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 221(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 equipment described in subsection (a); or
(B) is technologically equivalent to the equipment described in subsection (a) and 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 25 percent of--
(A) the amount specified in any of subparagraphs (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 subparagraphs (A) through (Q) of subsection (a)(2) for equipment specified in any other of such subparagraphs (A) through (Q); and
(C) the amount specified in any of subparagraphs (A) through (E) of subsection (a)(3) for equipment specified in any other of such subparagraphs (A) through (E).
SEC. 223. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT FOR THE UNITED STATES-MEXICO AND UNITED STATES-CANADA BORDERS, FLORIDA AND GULF COAST SEAPORTS, AND THE BAHAMAS.
(a) IN GENERAL- Of the amounts made available for fiscal years 2002 and 2003 under subparagraphs (A) and (B) of section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)), as amended by section 221(a) of this Act, $181,864,800 for fiscal year 2002 (including $5,673,600 until expended for investigative equipment) and $230,983,340 for fiscal year 2003 shall be available for the following:
(1) A net increase of 535 inspectors, 120 special agents, and 10 intelligence analysts for the United States-Mexico border, and 375 inspectors for the United States-Canada border, in order to open all primary lanes on such borders during peak hours and enhance investigative resources.
(2) A net increase of 285 inspectors and canine enforcement officers to be distributed at large cargo facilities as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times on the United States-Mexico border and a net increase of 125 inspectors to be distributed at large cargo facilities as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times on the United States-Canada border.
(3) A net increase of 40 special agents and 10 intelligence analysts to facilitate the activities of the additional inspectors authorized under paragraphs (1) and (2).
(4) A net increase of 40 inspectors at sea ports in southeast Florida to process and screen cargo.
(5) A net increase of 70 special agent positions, 23 intelligence analyst positions, 9 support staff positions, and the necessary equipment to enhance investigation efforts targeted at internal conspiracies at the Nation's seaports.
(6) A net increase of 360 special agents, 30 intelligence analysts, and additional resources to be distributed among offices that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money-laundering organizations.
(7) A net increase of 2 special agent positions to re-establish a Customs Attache office in Nassau.
(8) A net increase of 62 special agent positions and 8 intelligence analyst positions for maritime smuggling investigations and interdiction operations.
(9) A net increase of 50 positions and additional resources to the Office of Internal Affairs to enhance investigative resources for anticorruption efforts.
(10) The costs incurred as a result of the increase in personnel hired pursuant to this section.
(b) RELOCATION OF PERSONNEL- Notwithstanding any other provision of this section, the Commissioner of Customs may reduce the amount of additional personnel provided for in any of paragraphs (1) through (9) of subsection (a) by not more than 25 percent, if the Commissioner of Customs makes a corresponding increase in the personnel provided for in one or more of such paragraphs (1) through (9).
(c) NET INCREASE- In this section, the term `net increase' means an increase in the number of employees in each position described in this section over the number of employees in each such position that was provided for in fiscal year 2000.
SEC. 224. AGENT ROTATIONS; ELIMINATION OF BACKLOG OF BACKGROUND INVESTIGATIONS.
Of the amounts made available for fiscal years 2002 and 2003 under subparagraphs (A) and (B) of section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)), as amended by section 221(a) of this Act, $16,000,000 for fiscal year 2002 (including $10,000,000 until expended) and $6,000,000 for fiscal year 2003 shall be available to--
(1) provide additional funding to clear the backlog of existing background investigations and to provide for background investigations during extraordinary recruitment activities of the agency; and
(2) provide for the interoffice transfer of up to 100 special agents, including costs related to relocations, between the Office of Investigations and Office of Internal Affairs, at the discretion of the Commissioner of Customs.
SEC. 225. AIR AND MARINE OPERATION AND MAINTENANCE FUNDING.
(a) FISCAL YEAR 2002- Of the amounts made available for fiscal year 2002 under subparagraphs (A) and (B) of section 301(b)(3) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)), as amended by section 221(c) of this Act, $130,513,000 shall be available until expended for the following:
(1) $96,500,000 for Customs Service aircraft restoration and replacement initiative.
(2) $15,000,000 for increased air interdiction and investigative support activities.
(3) $19,013,000 for marine vessel replacement and related equipment.
(b) FISCAL YEAR 2003- Of the amounts made available for fiscal year 2003 under subparagraphs (A) and (B) of section 301(b)(3) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) as amended by section 221(c) of this Act, $75,524,000 shall be available until expended for the following:
(1) $36,500,000 for Customs Service aircraft restoration and replacement.
(2) $15,000,000 for increased air interdiction and investigative support activities.
(3) $24,024,000 for marine vessel replacement and related equipment.
SEC. 226. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.
(a) IN GENERAL- As part of the annual performance plan for each of fiscal years 2002 and 2003, as required under section 1115 of title 31, United States Code, the Commissioner of Customs shall evaluate the benefits of the activities authorized to be carried out pursuant to sections 222 through 225 of this Act.
(b) ENFORCEMENT PERFORMANCE MEASURES- The Commissioner of Customs is authorized to contract for the review and assessment of enforcement performance goals and indicators required by section 1115 of title 31, United States Code, with experts in the field of law enforcement, from academia, and from the research community. Any contract for review or assessment conducted pursuant to this subsection shall provide for recommendations of additional measures that would improve the enforcement strategy and activities of the Customs Service.
(c) REPORT TO CONGRESS- The Commissioner of Customs shall submit any assessment, review, or report provided for under this section to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
SEC. 227. REPORT ON INTELLIGENCE REQUIREMENTS.
The Commissioner of Customs shall, not later than one year of the date of the enactment of this Act, submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report containing the following:
(1) An assessment of the intelligence-gathering and information-gathering capabilities and needs of the Customs Service.
(2) An assessment of the impact of any limitations on the intelligence-gathering and information-gathering capabilities necessary for adequate enforcement of the customs laws of the United States and other laws enforced by the Customs Service.
(3) The Commissioner's recommendations for improving the intelligence-gathering and information-gathering capabilities of the Customs Service.
PART II--CUSTOMS MANAGEMENT
SEC. 231. TERM AND SALARY OF THE COMMISSIONER OF CUSTOMS.
(1) GENERAL REQUIREMENTS- The first section of the Act entitled `An Act to create a Bureau of Customs and a Bureau of Prohibition in the Department of the Treasury', approved March 3, 1927 (19 U.S.C. 2071), is amended--
(A) by striking `There shall be' and inserting `(a) IN GENERAL- There shall be';
(B) in the second sentence--
(i) by inserting `for a term of 5 years' after `Senate';
(ii) by striking `and' at the end of paragraph (2);
(iii) by striking the period at the end of paragraph (3) and inserting `; and'; and
(iv) by adding at the end the following new paragraph:
`(4) have demonstrated ability in management.'; and
(C) by adding at the end the following:
`(b) VACANCY- Any individual appointed to fill a vacancy in the position of Commissioner occurring before the expiration of the term for which the individual's predecessor was appointed shall be appointed only for the remainder of that term.
`(c) REMOVAL- The Commissioner may be removed at the will of the President.
`(d) REAPPOINTMENT- The Commissioner may be appointed to more than one 5-year term.'.
(2) CURRENT OFFICE HOLDER- In the case of an individual serving as the Commissioner of Customs on the date of the enactment of this Act, who was appointed to such position before such date, the 5-year term required by the first section of the Act entitled `An Act to create a Bureau of Customs and
a Bureau of Prohibition in the Department of the Treasury', as amended by this section, shall begin as of the date of such appointment.
(A) Section 5315 of title 5, United States Code, is amended by striking the following item:
`Commissioner of Customs, Department of the Treasury.'.
(B) Section 5314 of title 5, United States Code, is amended by inserting at the end the following item:
`Commissioner of Customs, Department of the Treasury.'.
(2) EFFECTIVE DATE- The amendments made by this subsection shall take effect on October 1, 2001.
SEC. 232. INTERNAL COMPLIANCE.
(a) ESTABLISHMENT OF INTERNAL COMPLIANCE PROGRAM- The Commissioner of Customs shall--
(1) establish, within the Office of Internal Affairs, a program of internal compliance designed to enhance the performance of the basic mission of the Customs Service to ensure compliance with all applicable laws and, in particular, with the implementation of title VI of the North American Free Trade Agreement Implementation Act (commonly referred to as the `Customs Modernization Act');
(2) institute a program of ongoing self-assessment and conduct a review on an annual basis of the performance of all core functions of the Customs Service;
(3) identify deficiencies in the current performance of the Customs Service with respect to commercial operations, enforcement, and internal management and propose specific corrective measures to address such concerns; and
(4) not later than 6 months after the date of the enactment of this Act, and annually thereafter, submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the programs and reviews conducted under this subsection.
(b) EVALUATION AND REPORT ON BEST PRACTICES- The Commissioner of Customs shall, as part of the development of an improved system of internal compliance, initiate a review of current best practices in internal compliance programs among government agencies and private sector organizations and, not later than 18 months after the date of the enactment of this Act, report on the results of the review to the Committee on Governmental Affairs and the Committee on Finance of the Senate and the Committee on Government Reform and the Committee on Ways and Means of the House of Representatives.
(c) REVIEW BY INSPECTOR GENERAL- The Inspector General of the Department of the Treasury shall review and audit the implementation of the programs described in subsection (a) as part of the Inspector General's report required under the Inspector General Act of 1978 (5 U.S.C. App).
SEC. 233. REPORT ON PERSONNEL FLEXIBILITY.
Not later than 6 months after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Committee on Governmental Affairs and the Committee on Finance of the Senate and the Committee on Government Reform and the Committee on Ways and Means of the House of Representatives a report on the Commissioner's recommendations for modifying existing personnel rules to permit more effective management of the resources of the Customs Service and for improving the ability of the Customs Service to fulfill its mission. The report shall also include an analysis of why the flexibility provided under existing personnel rules is insufficient to meet the needs of the Customs Service.
SEC. 234. REPORT ON PERSONNEL ALLOCATION MODEL.
Not later than 6 months after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the following:
(1) The resources and personnel requirements under the personnel allocation model under development in the Customs Service.
(2) The implementation of the personnel allocation model.
SEC. 235. REPORT ON DETECTION AND MONITORING REQUIREMENTS ALONG THE SOUTHERN TIER AND NORTHERN BORDER.
Not later than 6 months after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the requirements of the Customs Service for counterdrug detection and monitoring of the arrival zones along the southern tier and northern border of the United States. The report shall include an assessment of--
(1) the performance of existing detection and monitoring equipment, technology, and personnel;
(2) any gaps in radar coverage of the arrival zones along the southern tier and northern border of the United States; and
(3) any limitations imposed on the enforcement activities of the Customs Service as a result of the reliance on detection and monitoring equipment, technology, and personnel operated under the auspices of the Department of Defense.
PART III--MARKING VIOLATIONS
SEC. 241. CIVIL PENALTIES FOR MARKING VIOLATIONS.
Section 304(l) of the Tariff Act of 1930 (19 U.S.C. 1304(l)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) by striking `Any person' and inserting `(1) IN GENERAL- Any person';
(3) by moving the remaining text 2 ems to the right; and
(4) by adding at the end the following new paragraph:
`(2) CIVIL PENALTIES- Any person who defaces, destroys, removes, alters, covers, obscures, or obliterates any mark required under this section shall be liable for a civil penalty of not more than $10,000 for each violation. The civil penalty imposed
under this subsection shall be in addition to any marking duties owed under subsection (i).'.
Subtitle C--Miscellaneous
SEC. 251. TETHERED AEROSTAT RADAR SYSTEM.
(a) FINDINGS- Congress makes the following findings:
(1) Drug traffickers exploit openings in the United States detection and monitoring network. Tethered Aerostat Radar Systems (TARS) are a critical element in closing potential routes for drug smuggling.
(2) The Tethered Aerostat Radar System, a network of 11 radar sites, serves as an important component of the counterdrug mission of the United States by providing low altitude radar surveillance, detection, and monitoring capabilities to military and law enforcement entities. Failure to operate the TARS system results in a degraded counterdrug capability for the United States.
(3) Most of the illicit drugs consumed in the United States enter the country over the Southwest, Gulf of Mexico, or Florida borders. The United States will not have complete coastal radar coverage to combat counterdrug threats unless the entire Tethered Aerostat Radar System network is standardized and maintained, including the Tethered Aerostat Radar System sites in Matagorda, Texas, Morgan City, Louisiana, and Horseshoe Beach, Florida.
(4) The Department of Defense, the lead Federal agency for detection and monitoring, is responsible for fulfilling the surveillance, detection, and monitoring mission in support of counterdrug operations.
(5) The Department of Defense's current budget allocation for the Tethered Aerostat Radar System is inadequate. At present, 3 sites are not in operation because of the expiration of their life cycle.
(b) RESPONSIBILITY FOR TETHERED AEROSTAT RADAR SYSTEM- The Secretary of Defense shall take all necessary actions to ensure that the 11 sites that comprise the Tethered Aerostat Radar System network are placed under the policy direction of the Drug Enforcement Policy and Support office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.
(c) LIMITATION ON TRANSFER- The Secretary shall cease all activities relating to the transfer of responsibility for the Tethered Aerostat Radar System program to any entity outside the Department of Defense.
(d) REPORT ON STATUS- (1) The Secretary shall annually submit to the congressional defense committees and the United States Senate Caucus on International Narcotics Control a report on the status of the Tethered Aerostat Radar System network.
(2) In this subsection, the term `congressional defense committees' means the following:
(A) The Committees on Armed Services and Appropriations of the Senate.
(B) The Committees on Armed Services and Appropriations of the House of Representatives.
(e) AUTHORIZATION- There is hereby authorized to be appropriated for the requirements of the 11-site network of the Tethered Aerostat Radar System, including standardization of the sites located along the Gulf of Mexico of the United States, amounts as follows:
(1) For fiscal year 2002, $76,000,000.
(2) For fiscal year 2003, $48,500,000.
(2) For fiscal year 2004, $40,500,000.
(3) For fiscal year 2005, $44,700,000.
END