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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1833 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        August 5, 1999.
      Resolved, That the bill from the House of Representatives (H.R. 
1833) entitled ``An Act to authorize appropriations for fiscal years 
2000 and 2001 for the United States Customs Service for 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.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Customs Authorization Act of 1999''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

  TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES CUSTOMS 
     SERVICE FOR ENHANCED INSPECTION, TRADE FACILITATION, AND DRUG 
                              INTERDICTION

Sec. 101. Authorization of appropriations.
Sec. 102. 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. 103. 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. 104. Agent rotations; elimination of backlog of background 
                            investigations.
Sec. 105. Air and marine operation and maintenance funding.
Sec. 106. Compliance with performance plan requirements.
Sec. 107. Transfer of aerostats.
Sec. 108. Report on intelligence requirements.
Sec. 109. Authorization of appropriations for program to prevent child 
                            pornography and sexual exploitation of 
                            children.

                      TITLE II--CUSTOMS MANAGEMENT

Sec. 201. Term and salary of the Commissioner of Customs.
Sec. 202. Internal compliance.
Sec. 203. Report on personnel flexibility.
Sec. 204. Report on implementation of personnel allocation model.
Sec. 205. Report on detection and monitoring requirements along the 
                            southern tier and northern border.

                     TITLE III--MARKING VIOLATIONS

Sec. 301. Civil penalties for marking violations.

  TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES CUSTOMS 
     SERVICE FOR ENHANCED INSPECTION, TRADE FACILITATION, AND DRUG 
                              INTERDICTION

SEC. 101. 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)(A) and (B)) are amended to read as follows:
                    ``(A) $1,029,608,384 for fiscal year 2000.
                    ``(B) $1,111,450,668 for fiscal year 2001.''.
    (b) Commercial Operations.--Clauses (i) and (ii) of section 
301(b)(2)(A) of such Act (19 U.S.C. 2075(b)(2)(A)(i) and (ii)) are 
amended to read as follows:
                            ``(i) $1,251,794,435 for fiscal year 2000.
                            ``(ii) $1,348,676,435 for fiscal year 
                        2001.''.
    (c) Air and Marine Interdiction.--Subparagraphs (A) and (B) of 
section 301(b)(3) of such Act (19 U.S.C. 2075(b)(3)(A) and (B)) are 
amended to read as follows:
                    ``(A) $229,001,000 for fiscal year 2000.
                    ``(B) $176,967,000 for fiscal year 2001.''.
    (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 used to implement a program 
        for modernizing the Customs Service computer systems, to 
        maintain the existing computer systems until a modernized 
        computer system is fully implemented, and for related computer 
        system modernization activities.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for the Fund $242,000,000 for fiscal year 
        2000 and $336,000,000 for fiscal year 2001. The amounts 
        authorized to be appropriated under this paragraph shall remain 
        available until expended.
            (3) Report and audit.--
                    (A) Report.--The Commissioner of Customs shall, not 
                later than March 31 and September 30 of each year, 
                report 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 regarding the progress being made 
                in the modernization of the Customs Service computer 
                systems. Each 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 
                        2000 through 2004;
                            (ii) provide a schedule for mitigating any 
                        deficiencies identified by the General 
                        Accounting Office 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 of the United States shall audit 
                the report and shall provide the results of the audit 
                to the Commissioner of Customs, to the Committee on 
                Appropriations and the Committee on Ways and Means of 
                the House of Representatives, and to the Committee on 
                Appropriations and the Committee on Finance of the 
                Senate.

SEC. 102. 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 2000.--Of the amounts made available for fiscal 
year 2000 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 101(a) of this Act, $116,436,000 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.
            (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 2000 and 2001 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 101(a) of this Act, $3,364,435 
shall be available for each fiscal year for textile transshipment 
enforcement.
    (c) Fiscal Year 2001.--Of the amounts made available for fiscal 
year 2001 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 101(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 2000 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 101(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. 103. 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 
2000 and 2001 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)(A) and (B)), as amended by section 101(a) of this Act, 
$181,864,800 for fiscal year 2000 (including $5,673,600 until expended 
for investigative equipment) and $230,983,340 for fiscal year 2001 
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 1999.

SEC. 104. AGENT ROTATIONS; ELIMINATION OF BACKLOG OF BACKGROUND 
              INVESTIGATIONS.

    Of the amounts made available for fiscal years 2000 and 2001 under 
section 301(b)(1) (A) and (B) of the Customs Procedural Reform and 
Simplification Act of 1978 (19 U.S.C. 2075(b)(1) (A) and (B)), as 
amended by section 101(a) of this Act, $16,000,000 for fiscal year 2000 
(including $10,000,000 until expended) and $6,000,000 for fiscal year 
2001 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. 105. AIR AND MARINE OPERATION AND MAINTENANCE FUNDING.

    (a) Fiscal Year 2000.--Of the amounts made available for fiscal 
year 2000 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) (A) and (B)), as amended by section 101(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 2001.--Of the amounts made available for fiscal 
year 2001 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) (A) and (B)) as amended by section 101(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. 106. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

    (a) In General.--As part of the annual performance plan for each of 
fiscal years 2000 and 2001, 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 102 through 105 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. 107. TRANSFER OF AEROSTATS.

    (a) In General.--The President shall submit a plan for funding the 
acquisition and operation by the Customs Service of tethered aerostat 
radar systems currently operated by the Department of the Air Force and 
scheduled for replacement in fiscal year 2001.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to permit the operation and 
maintenance of the aerostat radar systems, after the systems are 
transferred to the Customs Service.

SEC. 108. REPORT ON INTELLIGENCE REQUIREMENTS.

    The Commissioner of Customs shall, not later than 1 year of the 
date of enactment of this Act, provide the Committee on Finance of the 
Senate and the Committee on Ways and Means of the House of 
Representatives with--
            (1) an assessment of the intelligence- and information-
        gathering capabilities and needs of the Customs Service;
            (2) the impact of any limitations on the intelligence and 
        information gathering capabilities necessary for adequate 
        enforcement of the customs laws of the United States and other 
        laws enforced by the Customs Service; and
            (3) a report detailing the Commissioner's recommendations 
        for improving the agency's capabilities.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD 
              PORNOGRAPHY AND SEXUAL EXPLOITATION OF CHILDREN.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Customs Service $10,000,000 for fiscal year 2000 to 
carry out the program to prevent child pornography and sexual 
exploitation of children established by the Child Cyber-Smuggling 
Center of the Customs Service.
    (b) Use of Amounts for Child Pornography Cyber Tipline.--Of the 
amount appropriated under subsection (a), the Customs Service shall 
provide 3.75 percent of such amount to the National Center for Missing 
and Exploited Children for the operation of the child pornography cyber 
tipline of the Center and for increased public awareness of the 
tipline.

                      TITLE II--CUSTOMS MANAGEMENT

SEC. 201. TERM AND SALARY OF THE COMMISSIONER OF CUSTOMS.

    (a) Term.--
            (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 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.
    (b) Salary.--
            (1) In general.--
                    (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, 1999.

SEC. 202. 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) within 6 months of the date of enactment of this Act, 
        and annually thereafter, provide the Committee on Finance of 
        the Senate and the Committee on Ways and Means of the House of 
        Representatives with 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 
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. 203. REPORT ON PERSONNEL FLEXIBILITY.

    Not later than 6 months after the date of 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. 204. REPORT ON IMPLEMENTATION OF PERSONNEL ALLOCATION MODEL.

    Not later than 6 months after the date of enactment of this Act, 
the Commissioner of Customs shall report to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives on the implementation of the personnel allocation model 
under development in the Customs Service.

SEC. 205. REPORT ON DETECTION AND MONITORING REQUIREMENTS ALONG THE 
              SOUTHERN TIER AND NORTHERN BORDER.

    Not later than 6 months after the date of enactment of this Act, 
the Commissioner of Customs shall submit a report to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives regarding 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.

                     TITLE III--MARKING VIOLATIONS

SEC. 301. 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).''.

            Amend the title so as to read: ``An Act to authorize 
        appropriations for the United States Customs Service, and for 
        other purposes.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 1833

_______________________________________________________________________

                               AMENDMENTS

HR 1833 EAS----2
HR 1833 EAS----3
HR 1833 EAS----4
HR 1833 EAS----5
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