H.R. 3129 - Customs Border Security Act of 2001

COMMITTEE ACTION: REPORTED BY VOICE VOTE, on Tuesday, May 21, 2002. (H. Rept. 107-482 filed on the Legislative Day of Tuesday, May 21, 2002, Calendar Day of Wednesday, May 22, 2002)
FLOOR ACTION: ADOPTED BY RECORD VOTE OF 386 - 32, on Wednesday, May 22, 2002.
MANAGERS: MYRICK/HASTINGS (FL)
107th Congress
2nd Session

H.R. 3129 - Customs Border Security Act of 2001

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means.

3. Waives all points of order against consideration of the bill.

4. Provides that it shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill.

5. Waives all points of order against the committee amendment in the nature of a substitute.

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

7. Provides that the amendments printed in the report may be offered only in the order printed in the report, may be offered only by the Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against the amendments printed in the report.

9. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3129) to authorize appropriations for fiscal years 2002 and 2003 for the United States Customs Service for antiterrorism, drug interdiction, and other operations, for the Office of the United States Trade Representative, for the United States International Trade Commission, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. No amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.


SUMMARY OF THE AMENDMENTS MADE IN ORDER

Thomas - Manager's Amendment.
Increases agency authorization funding levels at Section 101, 201, and 301 including earmark for resources at Northern Border at Section 131. [New section 121] Extends authorization through 2004. Deletes Sections 121 through 125 concerning Customs officer pay changes and renumbers. Adds new Section 127 to change Customs fees for couriers to a fixed fee structure. Adds new Section 129 to provide monthly billing to importers and to prohibit duty deferrals. Clarifies at Section 143 that advanced electronic manifest requirement applies only to inbound cargo. Adds provision to require sharing of information collected by Customs to other government agencies. Clarifies at Section 143 that advanced information for passengers and crew is not intended to create new immigration requirements. Specifically, the Secretary can demand passport and visa information only if such a requirement to have a passport or visa already applies to the passenger or crew. (10 minutes)

Rangel - Substitute.
Amends Section 141, states that Customs inspectors are not liable for civil damages for suits brought in connection with a personal search. States that the U.S. Government consents to be sued, and be held liable for civil damages for suits brought in connection with a wrongful personal search. Deletes Section 144 on Border Search Authority for Outbound Mail. (60 minutes)

TEXT OF THE AMENDMENTS MADE IN ORDER (.pdf)

Thomas - Manager's Amendment | Rangel - Substitute Amendment