II

106TH CONGRESS

1ST SESSION S. 658

To authorize appropriations for the United States Customs Service for fiscal

years 2000 and 2001.

IN THE SENATE OF THE UNITED STATES

MARCH 18, 1999

Mr. GRAMM (for himself, Mrs. HUTCHISON, Mr. DOMENICI, Mr. BINGAMAN,

Mr. KYL, Mr. MCCAIN, Mrs. FEINSTEIN, Mrs. BOXER, and Mr. GORTON)

introduced the following bill; which was read twice and referred to the

Committee on Finance

A BILL

To authorize appropriations for the United States Customs

Service for fiscal years 2000 and 2001.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Drug Free Borders

5 Act of 1999’’.
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1 TITLE I—AUTHORIZATION OF

2 APPROPRIATIONS FOR

3 UNITED STATES CUSTOMS

4 SERVICE FOR ENHANCED IN5 SPECTION, TRADE FACILITA6 TION, AND DRUG INTERDIC7 TION

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 (a) DRUG ENFORCEMENT AND OTHER NONCOMMER10 CIAL OPERATIONS.—Subparagraphs (A) and (B) of sec11 tion 301(b)(1) of the Customs Procedural Reform and

12 Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and

13 (B)) are amended to read as follows:

14 ‘‘(A) $997,300,584 for fiscal year 2000.

15 ‘‘(B) $1,100,818,328 for fiscal year

16 2001.’’.

17 (b) COMMERCIAL OPERATIONS.—Clauses (i) and (ii)

18 of section 301(b)(2)(A) of such Act (19 U.S.C.

19 2075(b)(2)(A)(i) and (ii)) are amended to read as follows:

20 ‘‘(i) $990,030,000 for fiscal year 2000.

21 ‘‘(ii) $1,009,312,000 for fiscal year

22 2001.’’.

23 (c) AIR AND MARINE INTERDICTION.—Subpara24 graphs (A) and (B) of section 301(b)(3) of such Act (19
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1 U.S.C. 2075(b)(3)(A) and (B)) are amended to read as

2 follows:

3 ‘‘(A) $229,001,000 for fiscal year 2000.

4 ‘‘(B) $176,967,000 for fiscal year 2001.’’.

5 (d) SUBMISSION OF OUT-YEAR BUDGET PROJEC6 TIONS.—Section 301(a) of such Act (19 U.S.C. 2075(a))

7 is amended by adding at the end the following:

8 ‘‘(3) By no later than the date on which the President

9 submits to the Congress the budget of the United States

10 Government for a fiscal year, the Commissioner of Cus11 toms shall submit to the Committee on Ways and Means

12 of the House of Representatives and the Committee on

13 Finance of the Senate the projected amount of funds for

14 the succeeding fiscal year that will be necessary for the

15 operations of the Customs Service as provided for in sub16 section (b).’’.

17 SEC. 102. CARGO INSPECTION AND NARCOTICS DETECTION

18 EQUIPMENT FOR THE UNITED STATES-MEX19 ICO BORDER, UNITED STATES-CANADA BOR20 DER, AND FLORIDA AND GULF COAST SEA21 PORTS.

22 (a) FISCAL YEAR 2000.—Of the amounts made avail23 able for fiscal year 2000 under section 301(b)(1)(A) of

24 the Customs Procedural Reform and Simplification Act of

25 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section
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1 101(a) of this Act, $100,036,000 shall be available until

2 expended for acquisition and other expenses associated

3 with implementation and deployment of narcotics detec4 tion equipment along the United States-Mexico border, the

5 United States-Canada border, and Florida and the Gulf

6 Coast seaports, as follows:

7 (1) UNITED STATES-MEXICO BORDER.—For the

8 United States-Mexico border, the following:

9 (A) $6,000,000 for 8 Vehicle and Con10 tainer Inspection Systems (VACIS).

11 (B) $11,000,000 for 5 mobile truck x-rays

12 with transmission and backscatter imaging.

13 (C) $12,000,000 for the upgrade of 8

14 fixed-site truck x-rays from the present energy

15 level of 450,000 electron volts to 1,000,000

16 electron volts (1–MeV).

17 (D) $7,200,000 for 8 1-MeV pallet x-rays.

18 (E) $1,000,000 for 200 portable contra19 band detectors (busters) to be distributed

20 among ports where the current allocations are

21 inadequate.

22 (F) $600,000 for 50 contraband detection

23 kits to be distributed among all southwest bor24 der ports based on traffic volume.
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1 (G) $500,000 for 25 ultrasonic container

2 inspection units to be distributed among all

3 ports receiving liquid-filled cargo and to ports

4 with a hazardous material inspection facility.

5 (H) $2,450,000 for 7 automated targeting

6 systems.

7 (I) $360,000 for 30 rapid tire deflator sys8 tems to be distributed to those ports where port

9 runners are a threat.

10 (J) $480,000 for 20 portable Treasury En11 forcement Communications Systems (TECS)

12 terminals to be moved among ports as needed.

13 (K) $1,000,000 for 20 remote watch sur14 veillance camera systems at ports where there

15 are suspicious activities at loading docks, vehi16 cle queues, secondary inspection lanes, or areas

17 where visual surveillance or observation is ob18 scured.

19 (L) $1,254,000 for 57 weigh-in-motion

20 sensors to be distributed among the ports with

21 the greatest volume of outbound traffic.

22 (M) $180,000 for 36 AM traffic informa23 tion radio stations, with 1 station to be located

24 at each border crossing.
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1 (N) $1,040,000 for 260 inbound vehicle

2 counters to be installed at every inbound vehicle

3 lane.

4 (O) $950,000 for 38 spotter camera sys5 tems to counter the surveillance of customs in6 spection activities by persons outside the bound7 aries of ports where such surveillance activities

8 are occurring.

9 (P) $390,000 for 60 inbound commercial

10 truck transponders to be distributed to all ports

11 of entry.

12 (Q) $1,600,000 for 40 narcotics vapor and

13 particle detectors to be distributed to each bor14 der crossing.

15 (R) $400,000 for license plate reader auto16 matic targeting software to be installed at each

17 port to target inbound vehicles.

18 (S) $1,000,000 for a demonstration site

19 for a high-energy relocatable rail car inspection

20 system with an x-ray source switchable from

21 2,000,000 electron volts (2-MeV) to 6,000,000

22 electron volts (6-MeV) at a shared Department

23 of Defense testing facility for a two-month test24 ing period.
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1 (2) UNITED STATES-CANADA BORDER.—For the

2 United States-Canada border, the following:

3 (A) $3,000,000 for 4 Vehicle and Con4 tainer Inspection Systems (VACIS).

5 (B) $8,800,000 for 4 mobile truck x-rays

6 with transmission and backscatter imaging.

7 (C) $3,600,000 for 4 1-MeV pallet x-rays.

8 (D) $250,000 for 50 portable contraband

9 detectors (busters) to be distributed among

10 ports where the current allocations are inad11 equate.

12 (E) $300,000 for 25 contraband detection

13 kits to be distributed among ports based on

14 traffic volume.

15 (F) $240,000 for 10 portable Treasury

16 Enforcement Communications Systems (TECS)

17 terminals to be moved among ports as needed.

18 (G) $400,000 for 10 narcotics vapor and

19 particle detectors to be distributed to each bor20 der crossing based on traffic volume.

21 (H) $600,000 for 30 fiber optic scopes.

22 (I) $250,000 for 50 portable contraband

23 detectors (busters) to be distributed among

24 ports where the current allocations are inad25 equate;
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1 (J) $3,000,000 for 10 x-ray vans with par2 ticle detectors.

3 (K) $40,000 for 8 AM loop radio systems.

4 (L) $400,000 for 100 vehicle counters.

5 (M) $1,200,000 for 12 examination tool

6 trucks.

7 (N) $2,400,000 for 3 dedicated commuter

8 lanes.

9 (O) $1,050,000 for 3 automated targeting

10 systems.

11 (P) $572,000 for 26 weigh-in-motion sen12 sors.

13 (Q) $480,000 for 20 portable Treasury

14 Enforcement Communication Systems (TECS).

15 (3) FLORIDA AND GULF COAST SEAPORTS.—

16 For Florida and the Gulf Coast seaports, the fol17 lowing:

18 (A) $4,500,000 for 6 Vehicle and Con19 tainer Inspection Systems (VACIS).

20 (B) $11,800,000 for 5 mobile truck x-rays

21 with transmission and backscatter imaging.

22 (C) $7,200,000 for 8 1-MeV pallet x-rays.

23 (D) $250,000 for 50 portable contraband

24 detectors (busters) to be distributed among
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1 ports where the current allocations are inad2 equate.

3 (E) $300,000 for 25 contraband detection

4 kits to be distributed among ports based on

5 traffic volume.

6 (b) FISCAL YEAR 2001.—Of the amounts made avail7 able for fiscal year 2001 under section 301(b)(1)(B) of

8 the Customs Procedural Reform and Simplification Act of

9 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section

10 101(a) of this Act, $9,923,500 shall be for the mainte11 nance and support of the equipment and training of per12 sonnel to maintain and support the equipment described

13 in subsection (a).

14 (c) ACQUISITION OF TECHNOLOGICALLY SUPERIOR

15 EQUIPMENT; TRANSFER OF FUNDS.—

16 (1) IN GENERAL.—The Commissioner of Cus17 toms may use amounts made available for fiscal year

18 2000 under section 301(b)(1)(A) of the Customs

19 Procedural Reform and Simplification Act of 1978

20 (19 U.S.C. 2075(b)(1)(A)), as amended by section

21 101(a) of this Act, for the acquisition of equipment

22 other than the equipment described in subsection (a)

23 if such other equipment—

24 (A)(i) is technologically superior to the

25 equipment described in subsection (a); and
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1 (ii) will achieve at least the same results at

2 a cost that is the same or less than the equip3 ment described in subsection (a); or

4 (B) can be obtained at a lower cost than

5 the equipment described in subsection (a).

6 (2) TRANSFER OF FUNDS.—Notwithstanding

7 any other provision of this section, the Commissioner

8 of Customs may reallocate an amount not to exceed

9 10 percent of—

10 (A) the amount specified in any of sub11 paragraphs (A) through (R) of subsection

12 (a)(1) for equipment specified in any other of

13 such subparagraphs (A) through (R);

14 (B) the amount specified in any of sub15 paragraphs (A) through (Q) of subsection

16 (a)(2) for equipment specified in any other of

17 such subparagraphs (A) through (Q); and

18 (C) the amount specified in any of sub19 paragraphs (A) through (E) of subsection

20 (a)(3) for equipment specified in any other of

21 such subparagraphs (A) through (E).
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1 SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE EN2 HANCEMENT FOR THE UNITED STATES-MEX3 ICO AND UNITED STATES-CANADA BORDERS,

4 FLORIDA AND GULF COAST SEAPORTS, AND

5 THE BAHAMAS.

6 Of the amounts made available for fiscal years 2000

7 and 2001 under subparagraphs (A) and (B) of section

8 301(b)(1) of the Customs Procedural Reform and Sim9 plification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and

10 (B)), as amended by section 101(a) of this Act,

11 $159,557,000, including $5,673,600, until expended, for

12 investigative equipment, for fiscal year 2000 and

13 $220,351,000 for fiscal year 2001 shall be available for

14 the following:

15 (1) A net increase of 535 inspectors, 120 spe16 cial agents, and 10 intelligence analysts for the

17 United States-Mexico border and 375 inspectors for

18 the United States-Canada border, in order to open

19 all primary lanes on such borders during peak hours

20 and enhance investigative resources.

21 (2) A net increase of 285 inspectors and canine

22 enforcement officers to be distributed at large cargo

23 facilities as needed to process and screen cargo (in24 cluding rail cargo) and reduce commercial waiting

25 times on the United States-Mexico border and a net

26 increase of 125 inspectors to be distributed at large
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1 cargo facilities as needed to process and screen

2 cargo (including rail cargo) and reduce commercial

3 waiting times on the United States-Canada border.

4 (3) A net increase of 40 inspectors at sea ports

5 in southeast Florida to process and screen cargo.

6 (4) A net increase of 70 special agent positions,

7 23 intelligence analyst positions, 9 support staff,

8 and the necessary equipment to enhance investiga9 tion efforts targeted at internal conspiracies at the

10 Nation’s seaports.

11 (5) A net increase of 360 special agents, 30 in12 telligence analysts, and additional resources to be

13 distributed among offices that have jurisdiction over

14 major metropolitan drug or narcotics distribution

15 and transportation centers for intensification of ef16 forts against drug smuggling and money-laundering

17 organizations.

18 (6) A net increase of 2 special agent positions

19 to re-establish a Customs Attache office in Nassau.

20 (7) A net increase of 62 special agent positions

21 and 8 intelligence analyst positions for maritime

22 smuggling investigations and interdiction operations.

23 (8) A net increase of 50 positions and addi24 tional resources to the Office of Internal Affairs to
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1 enhance investigative resources for anticorruption ef2 forts.

3 (9) The costs incurred as a result of the in4 crease in personnel hired pursuant to this section.

5 SEC. 104. AIR AND MARINE OPERATION AND MAINTENANCE

6 FUNDING.

7 (a) FISCAL YEAR 2000.—Of the amounts made avail8 able for fiscal year 2000 under subparagraphs (A) and

9 (B) of section 301(b)(3) of the Customs Procedural Re10 form and Simplification Act of 1978 (19 U.S.C.

11 2075(b)(3) (A) and (B)) as amended by section 101(c)

12 of this Act, $130,513,000 shall be available until expended

13 for the following:

14 (1) $96,500,000 for Customs aircraft restora15 tion and replacement initiative.

16 (2) $15,000,000 for increased air interdiction

17 and investigative support activities.

18 (3) $19,013,000 for marine vessel replacement

19 and related equipment.

20 (b) FISCAL YEAR 2001.—Of the amounts made avail21 able for fiscal year 2001 under subparagraphs (A) and

22 (B) of section 301(b)(3) of the Customs Procedural Re23 form and Simplification Act of 1978 (19 U.S.C.

24 2075(b)(3) (A) and (B)) as amended by section 101(c)
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1 of this Act, $75,524,000 shall be available until expended

2 for the following:

3 (1) $36,500,000 for Customs Service aircraft

4 restoration and replacement.

5 (2) $15,000,000 for increased air interdiction

6 and investigative support activities.

7 (3) $24,024,000 for marine vessel replacement

8 and related equipment.

9 SEC. 105. COMPLIANCE WITH PERFORMANCE PLAN RE10 QUIREMENTS.

11 As part of the annual performance plan for each of

12 the fiscal years 2000 and 2001 covering each program ac13 tivity set forth in the budget of the United States Customs

14 Service, as required under section 1115 of title 31, United

15 States Code, the Commissioner of Customs shall establish

16 performance goals and performance indicators, and com17 ply with all other requirements contained in paragraphs

18 (1) through (6) of subsection (a) of such section with re19 spect to each of the activities to be carried out pursuant

20 to sections 102 and 103 of this Act.

21 SEC. 106. COMMISSIONER OF CUSTOMS SALARY.

22 (a) IN GENERAL.—

23 (1) Section 5315 of title 5, United States Code,

24 is amended by striking the following item:
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1 ‘‘Commissioner of Customs, Department of

2 Treasury.’’.

3 (2) Section 5314 of title 5, United States Code,

4 is amended by inserting the following item:

5 ‘‘Commissioner of Customs, Department of

6 Treasury.’’.

7 (b) EFFECTIVE DATE.—The amendments made by

8 this section shall apply to fiscal year 1999 and thereafter.

9 SEC. 107. PASSENGER PRECLEARANCE SERVICES.

10 (a) CONTINUATION OF PRECLEARANCE SERVICES.—

11 Notwithstanding section 13031(f) of the Consolidated

12 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

13 58c(f)) or any other provision of law, the Customs Service

14 shall, without regard to whether a passenger processing

15 fee is collected from a person departing for the United

16 States from Canada and without regard to whether funds

17 are appropriated pursuant to subsection (b), provide the

18 same level of enhanced preclearance customs services for

19 passengers arriving in the United States aboard commer20 cial aircraft originating in Canada as the Customs Service

21 provided for such passengers during fiscal year 1997.

22 (b) AUTHORIZATION OF APPROPRIATIONS FOR

23 PRECLEARANCE SERVICES.—Notwithstanding section

24 13031(f) of the Consolidated Omnibus Budget Reconcili25 ation Act of 1985 (19 U.S.C. 58c(f)) or any other provi-
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1 sion of law, there are authorized to be appropriated, from

2 the date of enactment of this Act through September 30,

3 2001, such sums as may be necessary for the Customs

4 Service to ensure that it will continue to provide the same,

5 and where necessary increased, levels of enhanced

6 preclearance customs services as the Customs Service pro7 vided during fiscal year 1997, in connection with the ar8 rival in the United States of passengers aboard commer9 cial aircraft whose flights originated in Canada.

10 TITLE II—CUSTOMS

11 PERFORMANCE REPORT

12 SEC. 201. CUSTOMS PERFORMANCE REPORT.

13 (a) IN GENERAL.—Not later than 120 days after the

14 date of enactment of this Act, the Commissioner of Cus15 toms shall prepare and submit to the appropriate commit16 tees the report described in subsection (b).

17 (b) REPORT DESCRIBED.—The report described in

18 this subsection shall include the following:

19 (1) IDENTIFICATION OF OBJECTIVES; ESTAB20 LISHMENT OF PRIORITIES.—

21 (A) An outline of the means the Customs

22 Service intends to use to identify enforcement

23 priorities and trade facilitation objectives.

24 (B) The reasons for selecting the objectives

25 contained in the most recent plan submitted by
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1 the Customs Service pursuant to section 1115

2 of title 31, United States Code.

3 (C) The performance standards against

4 which the appropriate committees can assess

5 the efforts of the Customs Service in reaching

6 the goals outlined in the plan described in sub7 paragraph (B).

8 (2) IMPLEMENTATION OF THE CUSTOMS MOD9 ERNIZATION ACT.—

10 (A) A review of the Customs Service’s im11 plementation of title VI of the North American

12 Free Trade Agreement Implementation Act,

13 commonly known as the ‘‘Customs Moderniza14 tion Act’’, and the reasons why elements of that

15 Act, if any, have not been implemented.

16 (B) A review of the effectiveness of the in17 formed compliance strategy in obtaining higher

18 levels of compliance, particularly compliance by

19 those industries that have been the focus of the

20 most intense efforts by the Customs Service to

21 ensure compliance with the Customs Moderniza22 tion Act.

23 (C) A summary of the results of the re24 views of the initial industry-wide compliance as25 sessments conducted by the Customs Service as
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1 part of the agency’s informed compliance initia2 tive.

3 (3) IMPROVEMENT OF COMMERCIAL OPER4 ATIONS.—

5 (A) Identification of standards to be used

6 in assessing the performance and efficiency of

7 the commercial operations of the Customs Serv8 ice, including entry and inspection procedures,

9 classification, valuation, country-of-origin deter10 minations, and duty drawback determinations.

11 (B) Proposals for—

12 (i) improving the performance of the

13 commercial operations of the Customs

14 Service, particularly the functions de15 scribed in subparagraph (A), and

16 (ii) eliminating lengthy delays in ob17 taining rulings and other forms of guid18 ance on United States customs law, regula19 tions, procedures, or policies.

20 (C) Alternative strategies for ensuring that

21 United States importers, exporters, customs

22 brokers, and other members of the trade com23 munity have the information necessary to com24 ply with the customs laws of the United States
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1 and to conduct their business operations ac2 cordingly.

3 (4) REVIEW OF ENFORCEMENT RESPONSIBIL4 ITIES.—

5 (A) A review of the enforcement respon6 sibilities of the Customs Service.

7 (B) An assessment of the degree to which

8 the current functions of the Customs Service

9 overlap with the functions of other agencies and

10 an identification of ways in which the Customs

11 Service can avoid duplication of effort.

12 (C) A description of the methods used to

13 ensure against misuse of personal search au14 thority with respect to persons entering the

15 United States at authorized ports of entry.

16 (5) STRATEGY FOR COMPREHENSIVE DRUG

17 INTERDICTION.—

18 (A) A comprehensive strategy for the Cus19 toms Service’s role in United States drug inter20 diction efforts.

21 (B) Identification of the respective roles of

22 cooperating agencies, such as the Drug En23 forcement Administration, the Federal Bureau

24 of Investigation, the Coast Guard, and the in25 telligence community, including—
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1 (i) identification of the functions that

2 can best be performed by the Customs

3 Service and the functions that can best be

4 performed by agencies other than the Cus5 toms Service; and

6 (ii) a description of how the Customs

7 Service plans to allocate the additional

8 drug interdiction resources authorized by

9 the Drug Free Borders Act of 1999.

10 (6) ENHANCEMENT OF COOPERATION WITH

11 THE TRADE COMMUNITY.—

12 (A) Identification of ways to expand co13 operation with United States importers and

14 customs brokers, United States and foreign car15 riers, and other members of the international

16 trade and transportation communities to im17 prove the detection of contraband before it

18 leaves a foreign port destined for the United

19 States.

20 (B) Identification of ways to enhance the

21 flow of information between the Customs Serv22 ice and industry in order to—

23 (i) achieve greater awareness of po24 tential compliance threats;
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1 (ii) improve the design and efficiency

2 of the commercial operations of the Cus3 toms Service;

4 (iii) foster account-based manage5 ment;

6 (iv) eliminate unnecessary and bur7 densome regulations; and

8 (v) establish standards for industry

9 compliance with customs laws.

10 (7) ALLOCATION OF RESOURCES.—

11 (A) An outline of the basis for the current

12 allocation of inspection and investigative per13 sonnel by the Customs Service.

14 (B) Identification of the steps to be taken

15 to ensure that the Customs Service can detect

16 any misallocation of the resources described in

17 subparagraph (A) among various ports and a

18 description of what means the Customs Service

19 has for reallocating resources within the agency

20 to meet particular enforcement demands or

21 commercial operations needs.

22 (8) AUTOMATION AND INFORMATION TECH23 NOLOGY.—

24 (A) Identification of the automation needs

25 of the Customs Service and an explanation of
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1 the current state of the Automated Commercial

2 System and the status of implementing a re3 placement for that system.

4 (B) A comprehensive strategy for reaching

5 the technology goals of the Customs Service,

6 including—

7 (i) an explanation of the proposed ar8 chitecture of any replacement for the Auto9 mated Commercial System and how the ar10 chitecture of the proposed replacement sys11 tem best serves the core functions of the

12 Customs Service;

13 (ii) identification of public and private

14 sector automation projects that are com15 parable and that can be used as a bench16 mark against which to judge the progress

17 of the Customs Service in meeting its tech18 nology goals;

19 (iii) an estimate of the total cost for

20 each automation project currently under21 way at the Customs Service and a time22 table for the implementation of each

23 project; and

24 (iv) a summary of the options for fi25 nancing each automation project.
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1 (9) PERSONNEL POLICIES.—

2 (A) An overview of current personnel prac3 tices, including a description of—

4 (i) performance standards;

5 (ii) the criteria for promotion and ter6 mination;

7 (iii) the process for investigating com8 plaints of bias and sexual harassment;

9 (iv) the criteria used for conducting

10 internal investigations;

11 (v) the protection, if any, that is pro12 vided for whistleblowers; and

13 (vi) the methods used to discover and

14 eliminate corruption within the Customs

15 Service.

16 (B) Identification of workforce needs for

17 the future and training needed to ensure Cus18 toms Service personnel stay abreast of develop19 ments in international business operations and

20 international trade that affect the operations of

21 the Customs Service, including identification of

22 any situations in which current personnel poli23 cies or practices may impede achievement of the

24 goals of the Customs Service with respect to

25 both enforcement and commercial operations.
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1 (c) APPROPRIATE COMMITTEES.—For purposes of

2 this section, the term ‘‘appropriate committees’’ means the

3 Committee on Finance of the Senate and the Committee

4 on Ways and Means of the House of Representatives.

Æ