Page:United States Statutes at Large Volume 102 Part 5.djvu/475

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4481

additional appropriation shall be used only for accelerating tHe development and availability of X-ray detection, nitrate detection, or other technologies to be utilized for the detection, of illegal narcotics in cargo containers entering the United States at seaports, airports, and land borders. Up to $10,900,000 of funds appropriated under section 3010t>Xl) of the Customs Procedural Reform and Simplification Act of 1978 may be used for the purpose set forth in this subsection. (b) COORDINATION.—The Commissioner of Customs shall coordinate and share the findings of the research and development authorized in subsection (a) with other Federal departments and agencies with possible mission requirements for such technology, including the Federal Aviation Administration and United States Coast Guard in the Department of Transportation; the Drug Enforcement Administration in the Department of Justice; and the appropriate State and local law enforcement agencies, including airport authorities, port authorities, and other interested parties. (c) REPORT.—The Commissioner of Customs shall report his findings in either classified, or unclassified form, to the appropriate Committees of Congress in conjunction with the President's submission of his fiscal year 1990 Budget of the United States. SEC. 7369. STANDARDS OF CARE IN DISCOVERING CONTRABAND.

Regulations.

(a) IN GENERAL.—By no later than the date that is 120 days after note. the date of enactment of this Act and after an opportunity for public comment, the Secretary of the Treasury shall prescribe regulations which set forth criteria for use by the owner, master, pilot, operator, or officer of, or other employee in charge of, any common carrier in meeting the standards under sections 584(a)(2) and 594(c) of the Tariff Act of 1930 (19 U.S.C 1584(a)(2) and 1594(c)) for the exercise of the highest degree of care and diligence to know whether controlled substances imported into the United States are on board the common carrier. (h) AIR CARRIER SMUGGUNG PREVENTION PROGRAM.—

(1) The Secretary of the Treasury, in consultation with the Secretary of Transportation, shall issue controlled substances regulations for a 2-year demonstration program within 6 months after the date of the enactment of this Act. The regulations shall apply to at least three United States International Airports classified as high-risk by the United States Customs Service and based upon the volume of cargo and number of aircraft arriving from high-risk points of departure. Such regulations shall establish procedures for air carrier development and Customs Service approval of foreign and domestic security and inspection practices. The regulations shall permit air carriers to request the Secretary of the Treasury to permit air carriers, the Customs Service, or an approved agent of the Customs Service to inspect at United States airports of entry, and aircraft arriving from foreign locations. The Secretary of the Treeisury shall approve such request if the applicant meets the requirements of the regulations. Taking into account all considerations of security, law enforcement, and commercial needs, inspections of aircraft and cargo shall be conducted and completed within a reasonable period of time. (2) Air carriers which have applied to the Secretary of the Treasury and which the Secretary determines to be in compliance with the regulations and inspection requirements promul-

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