Description of Modifications to H.R. 3129 Contained in
Chairman’s Amendment in the Nature of a Substitute

The Amendment updates the authorization figures in Section 101 to increase spending levels for FY 2002. The increased level covers non-pay inflation, added funding for border protection technologies, and additional resources and officers for the Northern Border. The Amendment further corrects a double-counting error in the non-commercial operations authorization figure.

The Amendment changes the increase in night time premium pay at Section 123 from 18% to "at least 18%" to allow the percentage to increase to cover all of the savings from changing the hours eligible for premium pay. New Section 124 provides direction to Customs to calculate the savings and make the appropriate upward adjustment to the premium pay for officers working night-time hours.

The Amendment at Section 131 adds a $25 million earmark for the Customs Service to increase resources and staff at the Northern Border.

The Amendment changes Section 135 to eliminate the provision to mandate a 90-day deadline for the Customs Service to issue prospective rulings and substitutes a provision to require GAO to perform an updated audit by the General Accounting Office of the Customs Service’s anticipated improvements in this area.

The Amendment clarifies that the GAO study required in Section 136 shall be confidential.

The Amendment clarifies that the notice to be posted according to Section 141 should describe the government’s border search policy against profiling based upon gender, religion, and ethnic background in addition to race.

The Amendment clarifies that the emergency adjustments made by Customs in Section 142 in responding to emergencies shall be of a temporary nature and must be as a direct result of the emergency.

The Amendment modifies Section 143 to remove the list of specific information required of carriers for advanced reporting and to replace the list with a requirement that the Secretary of the Treasury promulgate a list of specific information required of carriers through regulations. The Amendment similarly clarifies that the requirements for passenger carriers will also be determined by the Secretary of the Treasury through regulations.

The Amendment adds a new Section 153 to earmark $1.3 million for implementation of the African Growth and Opportunities Act.

The Amendment clarifies Section 402 to make clear that the proposal for the Customs Service to acknowledge and net overpayments discovered during an audit shall apply only to overpayments that are within the time and scope of the audit defined by the Customs Service.