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:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Customs Authorization

3 Act of 1999’’.

4 SEC. 2. TABLE OF CONTENTS.

5 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.
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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.

1 TITLE I—AUTHORIZATION OF AP2 PROPRIATIONS FOR UNITED

3 STATES CUSTOMS SERVICE

4 FOR ENHANCED INSPECTION,

5 TRADE FACILITATION, AND

6 DRUG INTERDICTION

7 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

8 (a) DRUG ENFORCEMENT AND OTHER NONCOMMER9 CIAL OPERATIONS.—Subparagraphs (A) and (B) of section

10 301(b)(1) of the Customs Procedural Reform and Sim11 plification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and (B))

12 are amended to read as follows:

13 ‘‘(A) $1,029,608,384 for fiscal year 2000.

14 ‘‘(B) $1,111,450,668 for fiscal year 2001.’’.
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1 (b) COMMERCIAL OPERATIONS.—Clauses (i) and (ii)

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

3 2075(b)(2)(A)(i) and (ii)) are amended to read as follows:

4 ‘‘(i) $1,251,794,435 for fiscal year

5 2000.

6 ‘‘(ii) $1,348,676,435 for fiscal year

7 2001.’’.

8 (c) AIR AND MARINE INTERDICTION.—Subparagraphs

9 (A) and (B) of section 301(b)(3) of such Act (19 U.S.C.

10 2075(b)(3)(A) and (B)) are amended to read as follows:

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

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

13 (d) SUBMISSION OF BUDGET PROJECTIONS.—Section

14 301(a) of such Act (19 U.S.C. 2075(a)) is amended by add15 ing at the end the following:

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

17 President submits to Congress the budget of the

18 United States Government for a fiscal year, the Com19 missioner of Customs shall submit to the Committee

20 on Appropriations and the Committee on Ways and

21 Means of the House of Representatives and the Com22 mittee on Appropriations and the Committee on Fi23 nance of the Senate the budget request submitted to

24 the Secretary of the Treasury estimating the amount

25 of funds for that fiscal year that will be necessary for
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1 the operations of the Customs Service as provided for

2 in subsection (b).’’.

3 (e) AUTHORIZATION OF APPROPRIATIONS FOR MOD4 ERNIZING CUSTOMS SERVICE COMPUTER SYSTEMS.—

5 (1) ESTABLISHMENT OF AUTOMATION MOD6 ERNIZATION WORKING CAPITAL FUND.—There is es7 tablished within the United States Customs Service

8 an Automation Modernization Working Capital Fund

9 (in this section referred to as the ‘‘Fund’’). The Fund

10 shall consist of the amounts authorized to be appro11 priated under paragraph (2) and shall be used to im12 plement a program for modernizing the Customs

13 Service computer systems, to maintain the existing

14 computer systems until a modernized computer sys15 tem is fully implemented, and for related computer

16 system modernization activities.

17 (2) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated for the Fund

19 $242,000,000 for fiscal year 2000 and $336,000,000

20 for fiscal year 2001. The amounts authorized to be

21 appropriated under this paragraph shall remain

22 available until expended.

23 (3) REPORT AND AUDIT.—

24 (A) REPORT.—The Commissioner of Cus25 toms shall, not later than March 31 and Sep-
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1 tember 30 of each year, report to the Comptroller

2 General of the United States, the Committee on

3 Appropriations and the Committee on Ways and

4 Means of the House of Representatives and the

5 Committee on Appropriations and the Com6 mittee on Finance of the Senate regarding the

7 progress being made in the modernization of the

8 Customs Service computer systems. Each report

9 shall—

10 (i) include explicit criteria used to

11 identify, evaluate, and prioritize invest12 ments for computer systems modernization

13 planned for the Customs Service for each of

14 fiscal years 2000 through 2004;

15 (ii) provide a schedule for mitigating

16 any deficiencies identified by the General

17 Accounting Office and for developing and

18 implementing all computer systems mod19 ernization projects;

20 (iii) provide a plan for expanding the

21 utilization of private sector sources for the

22 development and integration of computer

23 systems; and

24 (iv) contain timely schedules and re25 source allocations for implementing the
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1 modernization of the Customs Service com2 puter systems.

3 (B) AUDIT.—Not later than 30 days after a

4 report described in subparagraph (A) is received,

5 the Comptroller General of the United States

6 shall audit the report and shall provide the re7 sults of the audit to the Commissioner of Cus8 toms, to the Committee on Appropriations and

9 the Committee on Ways and Means of the House

10 of Representatives, and to the Committee on Ap11 propriations and the Committee on Finance of

12 the Senate.

13 SEC. 102. CARGO INSPECTION AND NARCOTICS DETECTION

14 EQUIPMENT FOR THE UNITED STATES-MEX15 ICO BORDER, UNITED STATES-CANADA BOR16 DER, AND FLORIDA AND GULF COAST SEA17 PORTS; INTERNAL MANAGEMENT IMPROVE18 MENTS.

19 (a) FISCAL YEAR 2000.—Of the amounts made avail20 able for fiscal year 2000 under section 301(b)(1)(A) of the

21 Customs Procedural Reform and Simplification Act of 1978

22 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a)

23 of this Act, $116,436,000 shall be available until expended

24 for acquisition and other expenses associated with imple25 mentation and deployment of narcotics detection equipment
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1 along the United States-Mexico border, the United States2 Canada border, and Florida and the Gulf Coast seaports,

3 and for internal management improvements as follows:

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

5 United States-Mexico border, the following amounts

6 shall be available:

7 (A) $6,000,000 for 8 Vehicle and Container

8 Inspection Systems (VACIS).

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

10 with transmission and backscatter imaging.

11 (C) $12,000,000 for the upgrade of 8 fixed12 site truck x-rays from the present energy level of

13 450,000 electron volts to 1,000,000 electron volts

14 (1–MeV).

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

16 (E) $1,000,000 for 200 portable contraband

17 detectors (busters) to be distributed among ports

18 where the current allocations are inadequate.

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

20 kits to be distributed among all southwest border

21 ports based on traffic volume.

22 (G) $500,000 for 25 ultrasonic container in23 spection units to be distributed among all ports

24 receiving liquid-filled cargo and to ports with a

25 hazardous material inspection facility.
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1 (H) $2,450,000 for 7 automated targeting

2 systems.

3 (I) $360,000 for 30 rapid tire deflator sys4 tems to be distributed to those ports where port

5 runners are a threat.

6 (J) $480,000 for 20 portable Treasury En7 forcement Communications Systems (TECS) ter8 minals to be moved among ports as needed.

9 (K) $1,000,000 for 20 remote watch surveil10 lance camera systems at ports where there are

11 suspicious activities at loading docks, vehicle

12 queues, secondary inspection lanes, or areas

13 where visual surveillance or observation is ob14 scured.

15 (L) $1,254,000 for 57 weigh-in-motion sen16 sors to be distributed among the ports with the

17 greatest volume of outbound traffic.

18 (M) $180,000 for 36 AM traffic information

19 radio stations, with 1 station to be located at

20 each border crossing.

21 (N) $1,040,000 for 260 inbound vehicle

22 counters to be installed at every inbound vehicle

23 lane.

24 (O) $950,000 for 38 spotter camera systems

25 to counter the surveillance of customs inspection
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1 activities by persons outside the boundaries of

2 ports where such surveillance activities are oc3 curring.

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

5 truck transponders to be distributed to all ports

6 of entry.

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

8 particle detectors to be distributed to each border

9 crossing.

10 (R) $400,000 for license plate reader auto11 matic targeting software to be installed at each

12 port to target inbound vehicles.

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

14 a high-energy relocatable rail car inspection sys15 tem with an x-ray source switchable from

16 2,000,000 electron volts (2–MeV) to 6,000,000

17 electron volts (6–MeV) at a shared Department of

18 Defense testing facility for a two-month testing

19 period.

20 (2) UNITED STATES-CANADA BORDER.—For the

21 United States-Canada border, the following amounts

22 shall be available:

23 (A) $3,000,000 for 4 Vehicle and Container

24 Inspection Systems (VACIS).
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1 (B) $8,800,000 for 4 mobile truck x-rays

2 with transmission and backscatter imaging.

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

4 (D) $250,000 for 50 portable contraband de5 tectors (busters) to be distributed among ports

6 where the current allocations are inadequate.

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

8 kits to be distributed among ports based on traf9 fic volume.

10 (F) $240,000 for 10 portable Treasury En11 forcement Communications Systems (TECS) ter12 minals to be moved among ports as needed.

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

14 particle detectors to be distributed to each border

15 crossing based on traffic volume.

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

17 (I) $250,000 for 50 portable contraband de18 tectors (busters) to be distributed among ports

19 where the current allocations are inadequate.

20 (J) $3,000,000 for 10 x-ray vans with par21 ticle detectors.

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

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

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

25 trucks.
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1 (N) $2,400,000 for 3 dedicated commuter

2 lanes.

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

4 systems.

5 (P) $572,000 for 26 weigh-in-motion sen6 sors.

7 (Q) $480,000 for 20 portable Treasury En8 forcement Communication Systems (TECS).

9 (3) FLORIDA AND GULF COAST SEAPORTS.—For

10 Florida and the Gulf Coast seaports, the following

11 amounts shall be available:

12 (A) $4,500,000 for 6 Vehicle and Container

13 Inspection Systems (VACIS).

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

15 with transmission and backscatter imaging.

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

17 (D) $250,000 for 50 portable contraband de18 tectors (busters) to be distributed among ports

19 where the current allocations are inadequate.

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

21 kits to be distributed among ports based on traf22 fic volume.

23 (4) INTERNAL MANAGEMENT IMPROVEMENTS.—

24 For internal management improvements, the fol25 lowing amounts shall be available:
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1 (A) $2,500,000 for automated systems for

2 management of internal affairs functions.

3 (B) $700,000 for enhanced internal affairs

4 file management systems.

5 (C) $2,700,000 for enhanced financial asset

6 management systems.

7 (D) $6,100,000 for enhanced human re8 sources information system to improve personnel

9 management.

10 (E) $2,700,000 for new data management

11 systems for improved performance analysis, in12 ternal and external reporting, and data analysis.

13 (F) $1,700,000 for automation of the collec14 tion of key export data as part of the implemen15 tation of the Automated Export system.

16 (b) TEXTILE TRANSSHIPMENT.—Of the amounts made

17 available for fiscal years 2000 and 2001 under section

18 301(b)(1)(B) of the Customs Procedural Reform and Sim19 plification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as

20 amended by section 101(a) of this Act, $3,364,435 shall be

21 available for each fiscal year for textile transshipment en22 forcement.

23 (c) FISCAL YEAR 2001.—Of the amounts made avail24 able for fiscal year 2001 under section 301(b)(1)(B) of the

25 Customs Procedural Reform and Simplification Act of 1978
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1 (19 U.S.C. 2075(b)(1)(B)), as amended by section 101(a)

2 of this Act, $9,923,500 shall be available for the mainte3 nance and support of the equipment and training of per4 sonnel to maintain and support the equipment described

5 in subsection (a).

6 (d) ACQUISITION OF TECHNOLOGICALLY SUPERIOR

7 EQUIPMENT; TRANSFER OF FUNDS.—

8 (1) IN GENERAL.—The Commissioner of Customs

9 may use amounts made available for fiscal year 2000

10 under section 301(b)(1)(A) of the Customs Procedural

11 Reform and Simplification Act of 1978 (19 U.S.C.

12 2075(b)(1)(A)), as amended by section 101(a) of this

13 Act, for the acquisition of equipment other than the

14 equipment described in subsection (a) if such other

15 equipment—

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

17 equipment described in subsection (a); and

18 (ii) will achieve at least the same results at

19 a cost that is the same or less than the equip20 ment described in subsection (a); or

21 (B) is technologically equivalent to the

22 equipment described in subsection (a) and can be

23 obtained at a lower cost than the equipment de24 scribed in subsection (a).
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1 (2) TRANSFER OF FUNDS.—Notwithstanding any

2 other provision of this section, the Commissioner of

3 Customs may reallocate an amount not to exceed 25

4 percent of—

5 (A) the amount specified in any of subpara6 graphs (A) through (R) of subsection (a)(1) for

7 equipment specified in any other of such sub8 paragraphs (A) through (R);

9 (B) the amount specified in any of subpara10 graphs (A) through (Q) of subsection (a)(2) for

11 equipment specified in any other of such sub12 paragraphs (A) through (Q); and

13 (C) the amount specified in any of subpara14 graphs (A) through (E) of subsection (a)(3) for

15 equipment specified in any other of such sub16 paragraphs (A) through (E).

17 SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE EN18 HANCEMENT FOR THE UNITED STATES-MEX19 ICO AND UNITED STATES-CANADA BORDERS,

20 FLORIDA AND GULF COAST SEAPORTS, AND

21 THE BAHAMAS.

22 (a) IN GENERAL.—Of the amounts made available for

23 fiscal years 2000 and 2001 under subparagraphs (A) and

24 (B) of section 301(b)(1) of the Customs Procedural Reform

25 and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)
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1 and (B)), as amended by section 101(a) of this Act,

2 $181,864,800 for fiscal year 2000 (including $5,673,600

3 until expended for investigative equipment) and

4 $230,983,340 for fiscal year 2001 shall be available for the

5 following:

6 (1) A net increase of 535 inspectors, 120 special

7 agents, and 10 intelligence analysts for the United

8 States-Mexico border, and 375 inspectors for the

9 United States-Canada border, in order to open all

10 primary lanes on such borders during peak hours and

11 enhance investigative resources.

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

13 enforcement officers to be distributed at large cargo

14 facilities as needed to process and screen cargo (in15 cluding rail cargo) and reduce commercial waiting

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

17 increase of 125 inspectors to be distributed at large

18 cargo facilities as needed to process and screen cargo

19 (including rail cargo) and reduce commercial waiting

20 times on the United States-Canada border.

21 (3) A net increase of 40 special agents and 10

22 intelligence analysts to facilitate the activities of the

23 additional inspectors authorized under paragraphs

24 (1) and (2).
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1 (4) A net increase of 40 inspectors at sea ports

2 in southeast Florida to process and screen cargo.

3 (5) A net increase of 70 special agent positions,

4 23 intelligence analyst positions, 9 support staff posi5 tions, and the necessary equipment to enhance inves6 tigation efforts targeted at internal conspiracies at the

7 Nation’s seaports.

8 (6) A net increase of 360 special agents, 30 intel9 ligence analysts, and additional resources to be dis10 tributed among offices that have jurisdiction over

11 major metropolitan drug or narcotics distribution

12 and transportation centers for intensification of ef13 forts against drug smuggling and money-laundering

14 organizations.

15 (7) A net increase of 2 special agent positions to

16 re-establish a Customs Attache office in Nassau.

17 (8) A net increase of 62 special agent positions

18 and 8 intelligence analyst positions for maritime

19 smuggling investigations and interdiction operations.

20 (9) A net increase of 50 positions and additional

21 resources to the Office of Internal Affairs to enhance

22 investigative resources for anticorruption efforts.

23 (10) The costs incurred as a result of the increase

24 in personnel hired pursuant to this section.
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1 (b) RELOCATION OF PERSONNEL.—Notwithstanding

2 any other provision of this section, the Commissioner of

3 Customs may reduce the amount of additional personnel

4 provided for in any of paragraphs (1) through (9) of sub5 section (a) by not more than 25 percent, if the Commis6 sioner of Customs makes a corresponding increase in the

7 personnel provided for in one or more of such paragraphs

8 (1) through (9).

9 (c) NET INCREASE.—In this section, the term ‘‘net in10 crease’’ means an increase in the number of employees in

11 each position described in this section over the number of

12 employees in each such position that was provided for in

13 fiscal year 1999.

14 SEC. 104. AGENT ROTATIONS; ELIMINATION OF BACKLOG

15 OF BACKGROUND INVESTIGATIONS.

16 Of the amounts made available for fiscal years 2000

17 and 2001 under section 301(b)(1) (A) and (B) of the Cus18 toms Procedural Reform and Simplification Act of 1978

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

20 101(a) of this Act, $16,000,000 for fiscal year 2000 (includ21 ing $10,000,000 until expended) and $6,000,000 for fiscal

22 year 2001 shall be available to—

23 (1) provide additional funding to clear the back24 log of existing background investigations and to pro-
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1 vide for background investigations during extraor2 dinary recruitment activities of the agency; and

3 (2) provide for the interoffice transfer of up to

4 100 special agents, including costs related to reloca5 tions, between the Office of Investigations and Office

6 of Internal Affairs, at the discretion of the Commis7 sioner of Customs.

8 SEC. 105. AIR AND MARINE OPERATION AND MAINTENANCE

9 FUNDING.

10 (a) FISCAL YEAR 2000.—Of the amounts made avail11 able for fiscal year 2000 under subparagraphs (A) and (B)

12 of section 301(b)(3) of the Customs Procedural Reform and

13 Simplification Act of 1978 (19 U.S.C. 2075(b)(3) (A) and

14 (B)), as amended by section 101(c) of this Act, $130,513,000

15 shall be available until expended for the following:

16 (1) $96,500,000 for Customs Service aircraft res17 toration and replacement initiative.

18 (2) $15,000,000 for increased air interdiction

19 and investigative support activities.

20 (3) $19,013,000 for marine vessel replacement

21 and related equipment.

22 (b) FISCAL YEAR 2001.—Of the amounts made avail23 able for fiscal year 2001 under subparagraphs (A) and (B)

24 of section 301(b)(3) of the Customs Procedural Reform and

25 Simplification Act of 1978 (19 U.S.C. 2075(b)(3) (A) and
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1 (B)) as amended by section 101(c) of this Act, $75,524,000

2 shall be available until expended for the following:

3 (1) $36,500,000 for Customs Service aircraft res4 toration 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. 106. COMPLIANCE WITH PERFORMANCE PLAN RE10 QUIREMENTS.

11 (a) IN GENERAL.—As part of the annual performance

12 plan for each of fiscal years 2000 and 2001, as required

13 under section 1115 of title 31, United States Code, the Com14 missioner of Customs shall evaluate the benefits of the ac15 tivities authorized to be carried out pursuant to sections

16 102 through 105 of this Act.

17 (b) ENFORCEMENT PERFORMANCE MEASURES.—The

18 Commissioner of Customs is authorized to contract for the

19 review and assessment of enforcement performance goals

20 and indicators required by section 1115 of title 31, United

21 States Code, with experts in the field of law enforcement,

22 from academia, and from the research community. Any

23 contract for review or assessment conducted pursuant to

24 this subsection shall provide for recommendations of addi-
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1 tional measures that would improve the enforcement strat2 egy and activities of the Customs Service.

3 (c) REPORT TO CONGRESS.—The Commissioner of

4 Customs shall submit any assessment, review, or report pro5 vided for under this section to the Committee on Finance

6 of the Senate and the Committee on Ways and Means of

7 the House of Representatives.

8 SEC. 107. TRANSFER OF AEROSTATS.

9 (a) IN GENERAL.—The President shall submit a plan

10 for funding the acquisition and operation by the Customs

11 Service of tethered aerostat radar systems currently oper12 ated by the Department of the Air Force and scheduled for

13 replacement in fiscal year 2001.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated such sums as may be nec16 essary to permit the operation and maintenance of the aero17 stat radar systems, after the systems are transferred to the

18 Customs Service.

19 SEC. 108. REPORT ON INTELLIGENCE REQUIREMENTS.

20 The Commissioner of Customs shall, not later than 1

21 year of the date of enactment of this Act, provide the Com22 mittee on Finance of the Senate and the Committee on

23 Ways and Means of the House of Representatives with—
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1 (1) an assessment of the intelligence- and infor2 mation-gathering capabilities and needs of the Cus3 toms Service;

4 (2) the impact of any limitations on the intel5 ligence and information gathering capabilities nec6 essary for adequate enforcement of the customs laws

7 of the United States and other laws enforced by the

8 Customs Service; and

9 (3) a report detailing the Commissioner’s rec10 ommendations for improving the agency’s capabili11 ties.

12 SEC. 109. AUTHORIZATION OF APPROPRIATIONS FOR PRO13 GRAM TO PREVENT CHILD PORNOGRAPHY

14 AND SEXUAL EXPLOITATION OF CHILDREN.

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to the Customs Service

17 $10,000,000 for fiscal year 2000 to carry out the program

18 to prevent child pornography and sexual exploitation of

19 children established by the Child Cyber-Smuggling Center

20 of the Customs Service.

21 (b) USE OF AMOUNTS FOR CHILD PORNOGRAPHY

22 CYBER TIPLINE.—Of the amount appropriated under sub23 section (a), the Customs Service shall provide 3.75 percent

24 of such amount to the National Center for Missing and Ex25 ploited Children for the operation of the child pornography
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1 cyber tipline of the Center and for increased public aware2 ness of the tipline.

3 TITLE II—CUSTOMS

4 MANAGEMENT

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

6 CUSTOMS.

7 (a) TERM.—

8 (1) GENERAL REQUIREMENTS.—The first section

9 of the Act entitled ‘‘An Act to create a Bureau of Cus10 toms and a Bureau of Prohibition in the Department

11 of the Treasury’’, approved March 3, 1927 (19 U.S.C.

12 2071) is amended—

13 (A) by striking ‘‘There shall be’’ and insert14 ing ‘‘(a) IN GENERAL.—There shall be’’;

15 (B) in the second sentence—

16 (i) by inserting ‘‘for a term of 5 years’’

17 after ‘‘Senate’’;

18 (ii) by striking ‘‘and’’ at the end of

19 paragraph (2);

20 (iii) by striking the period at the end

21 of paragraph (3) and inserting ‘‘; and’’;

22 and

23 (iv) by adding at the end the following

24 new paragraph:
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1 ‘‘(4) have demonstrated ability in manage2 ment.’’; and

3 (C) by adding at the end the following:

4 ‘‘(b) VACANCY.—Any individual appointed to fill a va5 cancy in the position of Commissioner occurring before the

6 expiration of the term for which the individual’s predecessor

7 was appointed shall be appointed only for the remainder

8 of that term.

9 ‘‘(c) REMOVAL.—The Commissioner may be removed

10 at the will of the President.

11 ‘‘(d) REAPPOINTMENT.—The Commissioner may be

12 appointed to more than one 5-year term.’’.

13 (2) CURRENT OFFICE HOLDER.— In the case of

14 an individual serving as the Commissioner of Cus15 toms on the date of enactment of this Act, who was

16 appointed to such position before such date, the 5-

17 year term required by the first section of the Act enti18 tled ‘‘An Act to create a Bureau of Customs and a

19 Bureau of Prohibition in the Department of the

20 Treasury’’, as amended by this section, shall begin as

21 of the date of such appointment.

22 (b) SALARY.—

23 (1) IN GENERAL.—

24 (A) Section 5315 of title 5, United States

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

2 Treasury.’’.

3 (B) Section 5314 of title 5, United States

4 Code, is amended by inserting at the end the fol5 lowing item:

6 ‘‘Commissioner of Customs, Department of the

7 Treasury.’’.

8 (2) EFFECTIVE DATE.—The amendments made

9 by this subsection shall take effect on October 1, 1999.

10 SEC. 202. INTERNAL COMPLIANCE.

11 (a) ESTABLISHMENT OF INTERNAL COMPLIANCE PRO12 GRAM.—The Commissioner of Customs shall—

13 (1) establish, within the Office of Internal Af14 fairs, a program of internal compliance designed to

15 enhance the performance of the basic mission of the

16 Customs Service to ensure compliance with all appli17 cable laws and, in particular, with the implementa18 tion of title VI of the North American Free Trade

19 Agreement Implementation Act (commonly referred to

20 as the ‘‘Customs Modernization Act’’);

21 (2) institute a program of ongoing self-assess22 ment and conduct a review on an annual basis of the

23 performance of all core functions of the Customs Serv24 ice;
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1 (3) identify deficiencies in the current perform2 ance of the Customs Service with respect to commer3 cial operations, enforcement, and internal manage4 ment and propose specific corrective measures to ad5 dress such concerns; and

6 (4) within 6 months of the date of enactment of

7 this Act, and annually thereafter, provide the Com8 mittee on Finance of the Senate and the Committee

9 on Ways and Means of the House of Representatives

10 with a report on the programs and reviews conducted

11 under this subsection.

12 (b) EVALUATION AND REPORT ON BEST PRACTICES.—

13 The Commissioner of Customs shall, as part of the develop14 ment of an improved system of internal compliance, initiate

15 a review of current best practices in internal compliance

16 programs among government agencies and private sector

17 organizations and, not later than 18 months after the date

18 of enactment of this Act, report on the results of the review

19 to the Committee on Governmental Affairs and the Com20 mittee on Finance of the Senate and the Committee on Gov21 ernment Reform and the Committee on Ways and Means

22 of the House of Representatives.

23 (c) REVIEW BY INSPECTOR GENERAL.—The Inspector

24 General of the Department of the Treasury shall review and

25 audit the implementation of the programs described in sub-
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1 section (a) as part of the Inspector General’s report required

2 under the Inspector General Act of 1978 (5 U.S.C. App).

3 SEC. 203. REPORT ON PERSONNEL FLEXIBILITY.

4 Not later than 6 months after the date of enactment

5 of this Act, the Commissioner of Customs shall submit to

6 the Committee on Governmental Affairs and the Committee

7 on Finance of the Senate and the Committee on Government

8 Reform and the Committee on Ways and Means of the

9 House of Representatives a report on the Commissioner’s

10 recommendations for modifying existing personnel rules to

11 permit more effective management of the resources of the

12 Customs Service and for improving the ability of the Cus13 toms Service to fulfill its mission. The report shall also in14 clude an analysis of why the flexibility provided under ex15 isting personnel rules is insufficient to meet the needs of

16 the Customs Service.

17 SEC. 204. REPORT ON IMPLEMENTATION OF PERSONNEL

18 ALLOCATION MODEL.

19 Not later than 6 months after the date of enactment

20 of this Act, the Commissioner of Customs shall report to

21 the Committee on Finance of the Senate and the Committee

22 on Ways and Means of the House of Representatives on the

23 implementation of the personnel allocation model under de24 velopment in the Customs Service.
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1 SEC. 205. REPORT ON DETECTION AND MONITORING RE2 QUIREMENTS ALONG THE SOUTHERN TIER

3 AND NORTHERN BORDER.

4 Not later than 6 months after the date of enactment

5 of this Act, the Commissioner of Customs shall submit a

6 report to the Committee on Finance of the Senate and the

7 Committee on Ways and Means of the House of Representa8 tives regarding the requirements of the Customs Service for

9 counterdrug detection and monitoring of the arrival zones

10 along the southern tier and northern border of the United

11 States. The report shall include an assessment of—

12 (1) the performance of existing detection and

13 monitoring equipment, technology, and personnel;

14 (2) any gaps in radar coverage of the arrival

15 zones along the southern tier and northern border of

16 the United States; and

17 (3) any limitations imposed on the enforcement

18 activities of the Customs Service as a result of the re19 liance on detection and monitoring equipment, tech20 nology, and personnel operated under the auspices of

21 the Department of Defense.

22 TITLE III—MARKING

23 VIOLATIONS

24 SEC. 301. CIVIL PENALTIES FOR MARKING VIOLATIONS.

25 Section 304(l) of the Tariff Act of 1930 (19 U.S.C.

26 1304(l)) is amended—
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1 (1) by redesignating paragraphs (1) and (2) as

2 subparagraphs (A) and (B), respectively;

3 (2) by striking ‘‘Any person’’ and inserting ‘‘(1)

4 IN GENERAL.—Any person’’;

5 (3) by moving the remaining text 2 ems to the

6 right; and

7 (4) by adding at the end the following new para8 graph:

9 ‘‘(2) CIVIL PENALTIES.—Any person who defaces,

10 destroys, removes, alters, covers, obscures, or obliter11 ates any mark required under this section shall be

12 liable for a civil penalty of not more than $10,000 for

13 each violation. The civil penalty imposed under this

14 subsection shall be in addition to any marking duties

15 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
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