Calendar No. 218

106TH CONGRESS

1ST SESSION H. R. 1833

AN ACT

To authorize appropriations for fiscal years 2000

Commission, and for other purposes.ative, for the United States International Tradethe Office of the United States Trade Representfor drug interdiction and other operations, forand 2001 for the United States Customs Service

JULY 20, 1999

Reported with an amendment and an amendment to the

title
II

Calendar No. 218

106TH CONGRESS

1ST SESSION H. R. 1833

IN THE SENATE OF THE UNITED STATES

MAY 27, 1999

Received; read twice and referred to the Committee on Finance

JULY 20, 1999

Reported by Mr. ROTH, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

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.

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 ‘‘Trade Agency Author5 izations, Drug Free Borders, and Prevention of On-Line

6 Child Pornography Act of 1999’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—UNITED STATES CUSTOMS SERVICE

Subtitle A—Drug Enforcement and Other Noncommercial and Commercial

Operations

Sec. 101. Authorization of appropriations for noncommercial operations, commercial operations, and air and marine interdiction.

Sec. 102. Illicit narcotics detection equipment for the United States-Mexico border, United States-Canada border, and Florida and the Gulf

Coast seaports.

Sec. 103. Peak hours and investigative resource enhancement for the United

States-Mexico and United States-Canada borders.

Sec. 104. Compliance with performance plan requirements.

Subtitle B—Child Cyber-Smuggling Center of the Customs Service

Sec. 111. Authorization of appropriations for program to prevent child pornography/child sexual exploitation.

Subtitle C—Personnel Provisions

CHAPTER 1—OVERTIME AND PREMIUM PAY OF OFFICERS OF THE CUSTOMS

SERVICE

Sec. 121. Correction relating to fiscal year cap.

Sec. 122. Correction relating to overtime pay.

Sec. 123. Correction relating to premium pay.

Sec. 124. Use of savings from payment of overtime and premium pay for additional overtime enforcement activities of the Customs Service.

Sec. 125. Effective date.

CHAPTER 2—MISCELLANEOUS PROVISIONS

Sec. 131. Study and report relating to personnel practices of the Customs Service.

TITLE II—OFFICE OF THE UNITED STATES TRADE

REPRESENTATIVE

Sec. 201. Authorization of appropriations.

TITLE III—UNITED STATES INTERNATIONAL TRADE COMMISSION

Sec. 301. Authorization of appropriations.
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1 TITLE I—UNITED STATES

2 CUSTOMS SERVICE

3 Subtitle A—Drug Enforcement and

4 Other Noncommercial and Com5 mercial Operations

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NON7 COMMERCIAL OPERATIONS, COMMERCIAL

8 OPERATIONS, AND AIR AND MARINE INTER9 DICTION.

10 (a) NONCOMMERCIAL OPERATIONS.—Section

11 301(b)(1) of the Customs Procedural Reform and Sim12 plification Act of 1978 (19 U.S.C. 2075(b)(1)) is

13 amended—

14 (1) in subparagraph (A) to read as follows:

15 ‘‘(A) $999,563,000 for fiscal year 2000.’’;

16 and

17 (2) in subparagraph (B) to read as follows:

18 ‘‘(B) $996,464,000 for fiscal year 2001.’’.

19 (b) COMMERCIAL OPERATIONS.—

20 (1) IN GENERAL.—Section 301(b)(2)(A) of the

21 Customs Procedural Reform and Simplification Act

22 of 1978 (19 U.S.C. 2075(b)(2)(A)) is amended—

23 (A) in clause (i) to read as follows:

24 ‘‘(i) $1,154,359,000 for fiscal year 2000.’’;

25 and
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1 (B) in clause (ii) to read as follows:

2 ‘‘(ii) $1,194,534,000 for fiscal year

3 2001.’’.

4 (2) REPORTS.—Not later than 90 days after

5 the date of the enactment of this Act, and not later

6 than each subsequent 90-day period, the Commis7 sioner of Customs shall prepare and submit to the

8 Committee on Ways and Means of the House of

9 Representatives and the Committee on Finance of

10 the Senate a report demonstrating that the develop11 ment and establishment of the automated commer12 cial environment computer system is being carried

13 out in a cost-effective manner and meets the mod14 ernization requirements of title VI of the North

15 American Free Trade Agreements Implementation

16 Act.

17 (c) AIR AND MARINE INTERDICTION.—Section

18 301(b)(3) of the Customs Procedural Reform and Sim19 plification Act of 1978 (19 U.S.C. 2075(b)(3)) is

20 amended—

21 (1) in subparagraph (A) to read as follows:

22 ‘‘(A) $109,413,000 for fiscal year 2000.’’;

23 and

24 (2) in subparagraph (B) to read as follows:

25 ‘‘(B) $113,789,000 for fiscal year 2001.’’.
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1 (d) SUBMISSION OF OUT-YEAR BUDGET PROJEC2 TIONS.—Section 301(a) of the Customs Procedural Re3 form and Simplification Act of 1978 (19 U.S.C. 2075(a))

4 is amended by adding at the end the following:

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

6 submits to the Congress the budget of the United States

7 Government for a fiscal year, the Commissioner of Cus8 toms shall submit to the Committee on Ways and Means

9 of the House of Representatives and the Committee on

10 Finance of the Senate the projected amount of funds for

11 the succeeding fiscal year that will be necessary for the

12 operations of the Customs Service as provided for in sub13 section (b).’’.

14 SEC. 102. ILLICIT NARCOTICS DETECTION EQUIPMENT FOR

15 THE UNITED STATES-MEXICO BORDER,

16 UNITED STATES-CANADA BORDER, AND

17 FLORIDA AND THE GULF COAST SEAPORTS.

18 (a) FISCAL YEAR 2000.—Of the amounts made avail19 able for fiscal year 2000 under section 301(b)(1)(A) of

20 the Customs Procedural Reform and Simplification Act of

21 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section

22 101(a) of this Act, $90,244,000 shall be available until

23 expended for acquisition and other expenses associated

24 with implementation and deployment of illicit narcotics de25 tection equipment along the United States-Mexico border,
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1 the United States-Canada border, and Florida and the

2 Gulf Coast seaports, as follows:

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

4 United States-Mexico border, the following:

5 (A) $6,000,000 for 8 Vehicle and Con6 tainer Inspection Systems (VACIS).

7 (B) $11,200,000 for 5 mobile truck x-rays

8 with transmission and backscatter imaging.

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

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

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

12 electron volts (1–MeV).

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

14 (E) $1,000,000 for 200 portable contra15 band detectors (busters) to be distributed

16 among ports where the current allocations are

17 inadequate.

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

19 kits to be distributed among all southwest bor20 der ports based on traffic volume.

21 (G) $500,000 for 25 ultrasonic container

22 inspection units to be distributed among all

23 ports receiving liquid-filled cargo and to ports

24 with a 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)

8 terminals to be moved among ports as needed.

9 (K) $1,000,000 for 20 remote watch sur10 veillance camera systems at ports where there

11 are suspicious activities at loading docks, vehi12 cle 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

16 sensors to be distributed among the ports with

17 the greatest volume of outbound traffic.

18 (M) $180,000 for 36 AM traffic informa19 tion radio stations, with 1 station to be located

20 at 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 sys25 tems to counter the surveillance of customs in-
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1 spection activities by persons outside the bound2 aries of ports where such surveillance activities

3 are occurring.

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 bor9 der 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 (2) UNITED STATES-CANADA BORDER.—For the

14 United States-Canada border, the following:

15 (A) $3,000,000 for 4 Vehicle and Con16 tainer Inspection Systems (VACIS).

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

18 with transmission and backscatter imaging.

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

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

21 detectors (busters) to be distributed among

22 ports where the current allocations are inad23 equate.
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1 (E) $300,000 for 25 contraband detection

2 kits to be distributed among ports based on

3 traffic volume.

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

5 Enforcement Communications Systems (TECS)

6 terminals to be moved among ports as needed.

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

8 particle detectors to be distributed to each bor9 der crossing based on traffic volume.

10 (3) FLORIDA AND GULF COAST SEAPORTS.—

11 For Florida and the Gulf Coast seaports, the fol12 lowing:

13 (A) $4,500,000 for 6 Vehicle and Con14 tainer Inspection Systems (VACIS).

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

16 with transmission and backscatter imaging.

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

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

19 detectors (busters) to be distributed among

20 ports where the current allocations are inad21 equate.

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

23 kits to be distributed among ports based on

24 traffic volume.
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1 (b) FISCAL YEAR 2001.—Of the amounts made avail2 able for fiscal year 2001 under section 301(b)(1)(B) of

3 the Customs Procedural Reform and Simplification Act of

4 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section

5 101(a) of this Act, $8,924,500 shall be available until ex6 pended for the maintenance and support of the equipment

7 and training of personnel to maintain and support the

8 equipment described in subsection (a).

9 (c) ACQUISITION OF TECHNOLOGICALLY SUPERIOR

10 EQUIPMENT; TRANSFER OF FUNDS.—

11 (1) IN GENERAL.—The Commissioner of Cus12 toms may use amounts made available for fiscal year

13 2000 under section 301(b)(1)(A) of the Customs

14 Procedural Reform and Simplification Act of 1978

15 (19 U.S.C. 2075(b)(1)(A)), as amended by section

16 101(a) of this Act, for the acquisition of equipment

17 other than the equipment described in subsection (a)

18 if such other equipment—

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

20 equipment described in subsection (a); and

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

22 a cost that is the same or less than the equip23 ment described in subsection (a); or

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

25 the equipment described in subsection (a).
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1 (2) TRANSFER OF FUNDS.—Notwithstanding

2 any other provision of this section, the Commissioner

3 of Customs may reallocate an amount not to exceed

4 10 percent of—

5 (A) the amount specified in any of sub6 paragraphs (A) through (R) of subsection

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

8 such subparagraphs (A) through (R);

9 (B) the amount specified in any of sub10 paragraphs (A) through (G) of subsection

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

12 such subparagraphs (A) through (G); and

13 (C) the amount specified in any of sub14 paragraphs (A) through (E) of subsection

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

16 such subparagraphs (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 Of the amounts made available for fiscal years 2000

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

22 301(b)(1) of the Customs Procedural Reform and Sim23 plification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and

24 (B)), as amended by section 101(a) of this Act,
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1 $127,644,584 for fiscal year 2000 and $184,110,928 for

2 fiscal year 2001 shall be available for the following:

3 (1) A net increase of 535 inspectors, 120 spe4 cial agents, and 10 intelligence analysts for the

5 United States-Mexico border and 375 inspectors for

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

7 all primary lanes on such borders during peak hours

8 and enhance investigative resources.

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

10 enforcement officers to be distributed at large cargo

11 facilities as needed to process and screen cargo (in12 cluding rail cargo) and reduce commercial waiting

13 times on the United States-Mexico border.

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

15 in southeast Florida to process and screen cargo.

16 (4) A net increase of 300 special agents, 30 in17 telligence analysts, and additional resources to be

18 distributed among offices that have jurisdiction over

19 major metropolitan drug or narcotics distribution

20 and transportation centers for intensification of ef21 forts against drug smuggling and money-laundering

22 organizations.

23 (5) 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 (6) The costs incurred as a result of the in4 crease in personnel hired pursuant to this section.

5 SEC. 104. COMPLIANCE WITH PERFORMANCE PLAN RE6 QUIREMENTS.

7 As part of the annual performance plan for each of

8 the fiscal years 2000 and 2001 covering each program ac9 tivity set forth in the budget of the United States Customs

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

11 States Code, the Commissioner of the Customs Service

12 shall establish performance goals, performance indicators,

13 and comply with all other requirements contained in para14 graphs (1) through (6) of subsection (a) of such section

15 with respect to each of the activities to be carried out pur16 suant to sections 111 and 112 of this Act.

17 Subtitle B—Child Cyber-Smuggling

18 Center of the Customs Service

19 SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PRO20 GRAM TO PREVENT CHILD PORNOGRAPHY/

21 CHILD SEXUAL EXPLOITATION.

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to the Customs Service

24 $10,000,000 for fiscal year 2000 to carry out the program

25 to prevent child pornography/child sexual exploitation es-
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1 tablished by the Child Cyber-Smuggling Center of the

2 Customs Service.

3 (b) USE OF AMOUNTS FOR CHILD PORNOGRAPHY

4 CYBER TIPLINE.—Of the amount appropriated under sub5 section (a), the Customs Service shall provide 3.75 percent

6 of such amount to the National Center for Missing and

7 Exploited Children for the operation of the child pornog8 raphy cyber tipline of the Center and for increased public

9 awareness of the tipline.

10 Subtitle C—Personnel Provisions

11 CHAPTER 1—OVERTIME AND PREMIUM

12 PAY OF OFFICERS OF THE CUSTOMS

13 SERVICE

14 SEC. 121. CORRECTION RELATING TO FISCAL YEAR CAP.

15 Section 5(c)(1) of the Act of February 13, 1911 (19

16 U.S.C. 267(c)(1)) is amended to read as follows:

17 ‘‘(1) FISCAL YEAR CAP.—The aggregate of

18 overtime pay under subsection (a) (including com19 muting compensation under subsection (a)(2)(B))

20 that a customs officer may be paid in any fiscal year

21 may not exceed $30,000, except that—

22 ‘‘(A) the Commissioner of Customs or his

23 or her designee may waive this limitation in in24 dividual cases in order to prevent excessive
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1 costs or to meet emergency requirements of the

2 Customs Service; and

3 ‘‘(B) upon certification by the Commis4 sioner of Customs to the Chairmen of the Com5 mittee on Ways and Means of the House of

6 Representatives and the Committee on Finance

7 of the Senate that the Customs Service has in

8 operation a system that provides accurate and

9 reliable data on a daily basis on overtime and

10 premium pay that is being paid to customs offi11 cers, the Commissioner is authorized to pay any

12 customs officer for one work assignment that

13 would result in the overtime pay of that officer

14 exceeding the $30,000 limitation imposed by

15 this paragraph, in addition to any overtime pay

16 that may be received pursuant to a waiver

17 under subparagraph (A).’’.

18 SEC. 122. CORRECTION RELATING TO OVERTIME PAY.

19 Section 5(a)(1) of the Act of February 13, 1911 (19

20 U.S.C. 267(a)(1)), is amended by inserting after the first

21 sentence the following new sentences: ‘‘Overtime pay pro22 vided under this subsection shall not be paid to any cus23 toms officer unless such officer actually performed work

24 during the time corresponding to such overtime pay. The

25 preceding sentence shall not apply with respect to the pay-
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1 ment of an award or settlement to a customs officer who

2 was unable to perform overtime work as a result of a per3 sonnel action in violation of section 5596 of title 5, United

4 States Code, section 6(d) of the Fair Labor Standards Act

5 of 1938, or title VII of the Civil Rights Act of 1964.’’.

6 SEC. 123. CORRECTION RELATING TO PREMIUM PAY.

7 (a) IN GENERAL.—Section 5(b)(4) of the Act of Feb8 ruary 13, 1911 (19 U.S.C. 267(b)(4)), is amended by add9 ing after the first sentence the following new sentences:

10 ‘‘Premium pay provided under this subsection shall not

11 be paid to any customs officer unless such officer actually

12 performed work during the time corresponding to such

13 premium pay. The preceding sentence shall not apply with

14 respect to the payment of an award or settlement to a

15 customs officer who was unable to perform work during

16 the time described in the preceding sentence as a result

17 of a personnel action in violation of section 5596 of title

18 5, United States Code, section 6(d) of the Fair Labor

19 Standards Act of 1938, or title VII of the Civil Rights

20 Act of 1964.’’.

21 (b) CORRECTIONS RELATING TO NIGHT WORK DIF22 FERENTIAL PAY.—Section 5(b)(1) of such Act (19 U.S.C.

23 267(b)(1)) is amended to read as follows:

24 ‘‘(1) NIGHT WORK DIFFERENTIAL.—
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1 ‘‘(A) 6 P.M. TO MIDNIGHT.—If any hours

2 of regularly scheduled work of a customs officer

3 occur during the hours of 6 p.m. and 12 a.m.,

4 the officer is entitled to pay for such hours of

5 work (except for work to which paragraph (2)

6 or (3) applies) at the officer’s hourly rate of

7 basic pay plus premium pay amounting to 15

8 percent of that basic rate.

9 ‘‘(B) MIDNIGHT TO 6 A.M.—If any hours

10 of regularly scheduled work of a customs officer

11 occur during the hours of 12 a.m. and 6 a.m.,

12 the officer is entitled to pay for such hours of

13 work (except for work to which paragraph (2)

14 or (3) applies) at the officer’s hourly rate of

15 basic pay plus premium pay amounting to 20

16 percent of that basic rate.

17 ‘‘(C) MIDNIGHT TO 8 A.M.—If the regu18 larly scheduled work of a customs officer is 12

19 a.m. to 8:00 a.m., the officer is entitled to pay

20 for work during such period (except for work to

21 which paragraph (2) or (3) applies) at the offi22 cer’s hourly rate of basic pay plus premium pay

23 amounting to 20 percent of that basic rate.’’.
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1 SEC. 124. USE OF SAVINGS FROM PAYMENT OF OVERTIME

2 AND PREMIUM PAY FOR ADDITIONAL OVER3 TIME ENFORCEMENT ACTIVITIES OF THE

4 CUSTOMS SERVICE.

5 Section 5 of the Act of February 13, 1911 (19 U.S.C.

6 267), is amended—

7 (1) by redesignating subsection (e) as sub8 section (f); and

9 (2) by inserting after subsection (d) the fol10 lowing:

11 ‘‘(e) USE OF SAVINGS FROM PAYMENT OF OVERTIME

12 AND PREMIUM PAY FOR ADDITIONAL OVERTIME EN13 FORCEMENT ACTIVITIES.—

14 ‘‘(1) USE OF AMOUNTS.—For fiscal year 1999

15 and each subsequent fiscal year, the Secretary of the

16 Treasury—

17 ‘‘(A) shall determine under paragraph (2)

18 the amount of savings from the payment of

19 overtime and premium pay to customs officers;

20 and

21 ‘‘(B) shall use an amount from the Cus22 toms User Fee Account equal to such amount

23 determined under paragraph (2) for additional

24 overtime enforcement activities of the Customs

25 Service.
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1 ‘‘(2) DETERMINATION OF SAVINGS AMOUNT.—

2 For each fiscal year, the Secretary shall calculate an

3 amount equal to the difference between—

4 ‘‘(A) the estimated cost for overtime and

5 premium pay that would have been incurred

6 during that fiscal year if this section, as in ef7 fect on the day before the date of the enact8 ment of sections 122 and 123 of the Trade

9 Agency Authorization, Drug Free Borders, and

10 Prevention of On-Line Child Pornography Act

11 of 1999, had governed such costs; and

12 ‘‘(B) the actual cost for overtime and pre13 mium pay that is incurred during that fiscal

14 year under this section, as amended by sections

15 122 and 123 of the Trade Agency Authoriza16 tion, Drug Free Borders, and Prevention of On17 Line Child Pornography Act of 1999.’’.

18 SEC. 125. EFFECTIVE DATE.

19 This chapter, and the amendments made by this

20 chapter, shall apply with respect to pay periods beginning

21 on or after 15 days after the date of the enactment of

22 this Act.
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1 CHAPTER 2—MISCELLANEOUS

2 PROVISIONS

3 SEC. 131. STUDY AND REPORT RELATING TO PERSONNEL

4 PRACTICES OF THE CUSTOMS SERVICE.

5 (a) STUDY.—The Commissioner of Customs shall

6 conduct a study of current personnel practices of the Cus7 toms Service, including an overview of performance stand8 ards and the effect and impact of the collective bargaining

9 process on drug interdiction efforts of the Customs Service

10 and a comparison of duty rotation policies of the Customs

11 Service and other Federal agencies that employ similarly12 situated personnel.

13 (b) REPORT.—Not later than 120 days after the date

14 of the enactment of this Act, the Commissioner of Cus15 toms shall submit to the Committee on Ways and Means

16 of the House of Representatives and the Committee on

17 Finance of the Senate a report containing the results of

18 the study conducted under subsection (a).

19 TITLE II—OFFICE OF THE

20 UNITED STATES TRADE REP21 RESENTATIVE

22 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

23 (a) IN GENERAL.—Section 141(g)(1) of the Trade

24 Act of 1974 (19 U.S.C. 2171(g)(1)) is amended—

25 (1) in subparagraph (A)—
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1 (A) in the matter preceding clause (i), by

2 striking ‘‘not to exceed the following’’ and in3 serting ‘‘as follows’’;

4 (B) in clause (i) to read as follows:

5 ‘‘(i) $26,501,000 for fiscal year 2000.’’; and

6 (C) in clause (ii) to read as follows:

7 ‘‘(ii) $26,501,000 for fiscal year 2001.’’; and

8 (2) in subparagraph (B)—

9 (A) in clause (i), by adding ‘‘and’’ at the

10 end;

11 (B) by striking clause (ii); and

12 (C) by redesignating clause (iii) as clause

13 (ii).

14 (b) SUBMISSION OF OUT-YEAR BUDGET PROJEC15 TIONS.—Section 141(g) of the Trade Act of 1974 (19

16 U.S.C. 2171(g)) is amended by adding at the end the fol17 lowing:

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

19 submits to the Congress the budget of the United States

20 Government for a fiscal year, the United States Trade

21 Representative shall submit to the Committee on Ways

22 and Means of the House of Representatives and the Com23 mittee on Finance of the Senate the projected amount of

24 funds for the succeeding fiscal year that will be necessary

25 for the Office to carry out its functions.’’.
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1 TITLE III—UNITED STATES

2 INTERNATIONAL TRADE COM3 MISSION

4 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—Section 330(e)(2)(A) of the Tariff

6 Act of 1930 (19 U.S.C. 1330(e)(2)) is amended—

7 (1) in clause (i) to read as follows:

8 ‘‘(i) $47,200,000 for fiscal year 2000.’’; and

9 (2) in clause (ii) to read as follows:

10 ‘‘(ii) $49,750,000 for fiscal year 2001.’’.

11 (b) SUBMISSION OF OUT-YEAR BUDGET PROJEC12 TIONS.—Section 330(e) of the Tariff Act of 1930 (19

13 U.S.C. 1330(e)(2)) is amended by adding at the end the

14 following:

15 ‘‘(4) By no later than the date on which the President

16 submits to the Congress the budget of the United States

17 Government for a fiscal year, the Commission shall submit

18 to the Committee on Ways and Means of the House of

19 Representatives and the Committee on Finance of the

20 Senate the projected amount of funds for the succeeding

21 fiscal year that will be necessary for the Commission to

22 carry out its functions.’’.

23 SECTION 1. SHORT TITLE.

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

25 Act of 1999’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 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.
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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.’’.

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

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

17 2075(b)(2)(A)(i) and (ii)) are amended to read as follows:

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

19 2000.

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

21 2001.’’.

22 (c) AIR AND MARINE INTERDICTION.—Subparagraphs

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

24 2075(b)(3)(A) and (B)) are amended to read as follows:

25 ‘‘(A) $229,001,000 for fiscal year 2000.
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•HR 1833 RS

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

2 (d) SUBMISSION OF BUDGET PROJECTIONS.—Section

3 301(a) of such Act (19 U.S.C. 2075(a)) is amended by add4 ing at the end the following:

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

6 President submits to Congress the budget of the

7 United States Government for a fiscal year, the Com8 missioner of Customs shall submit to the Committee

9 on Appropriations and the Committee on Ways and

10 Means of the House of Representatives and the Com11 mittee on Appropriations and the Committee on Fi12 nance of the Senate the budget request submitted to

13 the Secretary of the Treasury estimating the amount

14 of funds for that fiscal year that will be necessary for

15 the operations of the Customs Service as provided for

16 in subsection (b).’’.

17 (e) AUTHORIZATION OF APPROPRIATIONS FOR MOD18 ERNIZING CUSTOMS SERVICE COMPUTER SYSTEMS.—

19 (1) ESTABLISHMENT OF AUTOMATION MOD20 ERNIZATION WORKING CAPITAL FUND.—There is es21 tablished within the United States Customs Service

22 an Automation Modernization Working Capital Fund

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

24 shall consist of the amounts authorized to be appro25 priated under paragraph (2) and shall be used to im-
26

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1 plement a program for modernizing the Customs

2 Service computer systems, to maintain the existing

3 computer systems until a modernized computer sys4 tem is fully implemented, and for related computer

5 system modernization activities.

6 (2) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated for the Fund

8 $242,000,000 for fiscal year 2000 and $336,000,000

9 for fiscal year 2001. The amounts authorized to be

10 appropriated under this paragraph shall remain

11 available until expended.

12 (3) REPORT AND AUDIT.—

13 (A) REPORT.—The Commissioner of Cus14 toms shall, not later than March 31 and Sep15 tember 30 of each year, report to the Comptroller

16 General of the United States, the Committee on

17 Appropriations and the Committee on Ways and

18 Means of the House of Representatives and the

19 Committee on Appropriations and the Com20 mittee on Finance of the Senate regarding the

21 progress being made in the modernization of the

22 Customs Service computer systems. Each report

23 shall—

24 (i) include explicit criteria used to

25 identify, evaluate, and prioritize invest-
27

•HR 1833 RS

1 ments for computer systems modernization

2 planned for the Customs Service for each of

3 fiscal years 2000 through 2004;

4 (ii) provide a schedule for mitigating

5 any deficiencies identified by the General

6 Accounting Office and for developing and

7 implementing all computer systems mod8 ernization projects;

9 (iii) provide a plan for expanding the

10 utilization of private sector sources for the

11 development and integration of computer

12 systems; and

13 (iv) contain timely schedules and re14 source allocations for implementing the

15 modernization of the Customs Service com16 puter systems.

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

18 report described in subparagraph (A) is received,

19 the Comptroller General of the United States

20 shall audit the report and shall provide the re21 sults of the audit to the Commissioner of Cus22 toms, to the Committee on Appropriations and

23 the Committee on Ways and Means of the House

24 of Representatives, and to the Committee on Ap-
28

•HR 1833 RS

1 propriations and the Committee on Finance of

2 the Senate.

3 SEC. 102. CARGO INSPECTION AND NARCOTICS DETECTION

4 EQUIPMENT FOR THE UNITED STATES-MEX5 ICO BORDER, UNITED STATES-CANADA BOR6 DER, AND FLORIDA AND GULF COAST SEA7 PORTS; INTERNAL MANAGEMENT IMPROVE8 MENTS.

9 (a) FISCAL YEAR 2000.—Of the amounts made avail10 able for fiscal year 2000 under section 301(b)(1)(A) of the

11 Customs Procedural Reform and Simplification Act of 1978

12 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a)

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

14 for acquisition and other expenses associated with imple15 mentation and deployment of narcotics detection equipment

16 along the United States-Mexico border, the United States17 Canada border, and Florida and the Gulf Coast seaports,

18 and for internal management improvements as follows:

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

20 United States-Mexico border, the following amounts

21 shall be available:

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

23 Inspection Systems (VACIS).

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

25 with transmission and backscatter imaging.
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•HR 1833 RS

1 (C) $12,000,000 for the upgrade of 8 fixed2 site truck x-rays from the present energy level of

3 450,000 electron volts to 1,000,000 electron volts

4 (1–MeV).

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

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

7 detectors (busters) to be distributed among ports

8 where the current allocations are inadequate.

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

10 kits to be distributed among all southwest border

11 ports based on traffic volume.

12 (G) $500,000 for 25 ultrasonic container in13 spection units to be distributed among all ports

14 receiving liquid-filled cargo and to ports with a

15 hazardous material inspection facility.

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

17 systems.

18 (I) $360,000 for 30 rapid tire deflator sys19 tems to be distributed to those ports where port

20 runners are a threat.

21 (J) $480,000 for 20 portable Treasury En22 forcement Communications Systems (TECS) ter23 minals to be moved among ports as needed.

24 (K) $1,000,000 for 20 remote watch surveil25 lance camera systems at ports where there are
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•HR 1833 RS

1 suspicious activities at loading docks, vehicle

2 queues, secondary inspection lanes, or areas

3 where visual surveillance or observation is ob4 scured.

5 (L) $1,254,000 for 57 weigh-in-motion sen6 sors to be distributed among the ports with the

7 greatest volume of outbound traffic.

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

9 radio stations, with 1 station to be located at

10 each border crossing.

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

12 counters to be installed at every inbound vehicle

13 lane.

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

15 to counter the surveillance of customs inspection

16 activities by persons outside the boundaries of

17 ports where such surveillance activities are oc18 curring.

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

20 truck transponders to be distributed to all ports

21 of entry.

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

23 particle detectors to be distributed to each border

24 crossing.
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1 (R) $400,000 for license plate reader auto2 matic targeting software to be installed at each

3 port to target inbound vehicles.

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

5 a high-energy relocatable rail car inspection sys6 tem with an x-ray source switchable from

7 2,000,000 electron volts (2–MeV) to 6,000,000

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

9 Defense testing facility for a two-month testing

10 period.

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

12 United States-Canada border, the following amounts

13 shall be available:

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

15 Inspection Systems (VACIS).

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

17 with transmission and backscatter imaging.

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

19 (D) $250,000 for 50 portable contraband de20 tectors (busters) to be distributed among ports

21 where the current allocations are inadequate.

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

23 kits to be distributed among ports based on traf24 fic volume.
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•HR 1833 RS

1 (F) $240,000 for 10 portable Treasury En2 forcement Communications Systems (TECS) ter3 minals to be moved among ports as needed.

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

5 particle detectors to be distributed to each border

6 crossing based on traffic volume.

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

8 (I) $250,000 for 50 portable contraband de9 tectors (busters) to be distributed among ports

10 where the current allocations are inadequate.

11 (J) $3,000,000 for 10 x-ray vans with par12 ticle detectors.

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

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

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

16 trucks.

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

18 lanes.

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

20 systems.

21 (P) $572,000 for 26 weigh-in-motion sen22 sors.

23 (Q) $480,000 for 20 portable Treasury En24 forcement Communication Systems (TECS).
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1 (3) FLORIDA AND GULF COAST SEAPORTS.—For

2 Florida and the Gulf Coast seaports, the following

3 amounts shall be available:

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

5 Inspection Systems (VACIS).

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

7 with transmission and backscatter imaging.

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

9 (D) $250,000 for 50 portable contraband de10 tectors (busters) to be distributed among ports

11 where the current allocations are inadequate.

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

13 kits to be distributed among ports based on traf14 fic volume.

15 (4) INTERNAL MANAGEMENT IMPROVEMENTS.—

16 For internal management improvements, the fol17 lowing amounts shall be available:

18 (A) $2,500,000 for automated systems for

19 management of internal affairs functions.

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

21 file management systems.

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

23 management systems.
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•HR 1833 RS

1 (D) $6,100,000 for enhanced human re2 sources information system to improve personnel

3 management.

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

5 systems for improved performance analysis, in6 ternal and external reporting, and data analysis.

7 (F) $1,700,000 for automation of the collec8 tion of key export data as part of the implemen9 tation of the Automated Export system.

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

11 available for fiscal years 2000 and 2001 under section

12 301(b)(1)(B) of the Customs Procedural Reform and Sim13 plification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as

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

15 available for each fiscal year for textile transshipment en16 forcement.

17 (c) FISCAL YEAR 2001.—Of the amounts made avail18 able for fiscal year 2001 under section 301(b)(1)(B) of the

19 Customs Procedural Reform and Simplification Act of 1978

20 (19 U.S.C. 2075(b)(1)(B)), as amended by section 101(a)

21 of this Act, $9,923,500 shall be available for the mainte22 nance and support of the equipment and training of per23 sonnel to maintain and support the equipment described

24 in subsection (a).
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1 (d) ACQUISITION OF TECHNOLOGICALLY SUPERIOR

2 EQUIPMENT; TRANSFER OF FUNDS.—

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

4 may use amounts made available for fiscal year 2000

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

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

7 2075(b)(1)(A)), as amended by section 101(a) of this

8 Act, for the acquisition of equipment other than the

9 equipment described in subsection (a) if such other

10 equipment—

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

12 equipment described in subsection (a); and

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

14 a cost that is the same or less than the equip15 ment described in subsection (a); or

16 (B) is technologically equivalent to the

17 equipment described in subsection (a) and can be

18 obtained at a lower cost than the equipment de19 scribed in subsection (a).

20 (2) TRANSFER OF FUNDS.—Notwithstanding any

21 other provision of this section, the Commissioner of

22 Customs may reallocate an amount not to exceed 25

23 percent of—

24 (A) the amount specified in any of subpara25 graphs (A) through (R) of subsection (a)(1) for
36

•HR 1833 RS

1 equipment specified in any other of such sub2 paragraphs (A) through (R);

3 (B) the amount specified in any of subpara4 graphs (A) through (Q) of subsection (a)(2) for

5 equipment specified in any other of such sub6 paragraphs (A) through (Q); and

7 (C) the amount specified in any of subpara8 graphs (A) through (E) of subsection (a)(3) for

9 equipment specified in any other of such sub10 paragraphs (A) through (E).

11 SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE EN12 HANCEMENT FOR THE UNITED STATES-MEX13 ICO AND UNITED STATES-CANADA BORDERS,

14 FLORIDA AND GULF COAST SEAPORTS, AND

15 THE BAHAMAS.

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

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

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

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

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

21 $181,864,800 for fiscal year 2000 (including $5,673,600

22 until expended for investigative equipment) and

23 $230,983,340 for fiscal year 2001 shall be available for the

24 following:
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1 (1) A net increase of 535 inspectors, 120 special

2 agents, and 10 intelligence analysts for the United

3 States-Mexico border, and 375 inspectors for the

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

5 primary lanes on such borders during peak hours and

6 enhance investigative resources.

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

8 enforcement officers to be distributed at large cargo

9 facilities as needed to process and screen cargo (in10 cluding rail cargo) and reduce commercial waiting

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

12 increase of 125 inspectors to be distributed at large

13 cargo facilities as needed to process and screen cargo

14 (including rail cargo) and reduce commercial waiting

15 times on the United States-Canada border.

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

17 intelligence analysts to facilitate the activities of the

18 additional inspectors authorized under paragraphs

19 (1) and (2).

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

21 in southeast Florida to process and screen cargo.

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

23 23 intelligence analyst positions, 9 support staff posi24 tions, and the necessary equipment to enhance inves-
38

•HR 1833 RS

1 tigation efforts targeted at internal conspiracies at the

2 Nation’s seaports.

3 (6) A net increase of 360 special agents, 30 intel4 ligence analysts, and additional resources to be dis5 tributed among offices that have jurisdiction over

6 major metropolitan drug or narcotics distribution

7 and transportation centers for intensification of ef8 forts against drug smuggling and money-laundering

9 organizations.

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

11 re-establish a Customs Attache office in Nassau.

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

13 and 8 intelligence analyst positions for maritime

14 smuggling investigations and interdiction operations.

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

16 resources to the Office of Internal Affairs to enhance

17 investigative resources for anticorruption efforts.

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

19 in personnel hired pursuant to this section.

20 (b) RELOCATION OF PERSONNEL.—Notwithstanding

21 any other provision of this section, the Commissioner of

22 Customs may reduce the amount of additional personnel

23 provided for in any of paragraphs (1) through (9) of sub24 section (a) by not more than 25 percent, if the Commis25 sioner of Customs makes a corresponding increase in the
39

•HR 1833 RS

1 personnel provided for in one or more of such paragraphs

2 (1) through (9).

3 (c) NET INCREASE.—In this section, the term ‘‘net in4 crease’’ means an increase in the number of employees in

5 each position described in this section over the number of

6 employees in each such position that was provided for in

7 fiscal year 1999.

8 SEC. 104. AGENT ROTATIONS; ELIMINATION OF BACKLOG

9 OF BACKGROUND INVESTIGATIONS.

10 Of the amounts made available for fiscal years 2000

11 and 2001 under section 301(b)(1) (A) and (B) of the Cus12 toms Procedural Reform and Simplification Act of 1978

13 (19 U.S.C. 2075(b)(1) (A) and (B)), as amended by section

14 101(a) of this Act, $16,000,000 for fiscal year 2000 (includ15 ing $10,000,000 until expended) and $6,000,000 for fiscal

16 year 2001 shall be available to—

17 (1) provide additional funding to clear the back18 log of existing background investigations and to pro19 vide for background investigations during extraor20 dinary recruitment activities of the agency; and

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

22 100 special agents, including costs related to reloca23 tions, between the Office of Investigations and Office

24 of Internal Affairs, at the discretion of the Commis25 sioner of Customs.
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1 SEC. 105. AIR AND MARINE OPERATION AND MAINTENANCE

2 FUNDING.

3 (a) FISCAL YEAR 2000.—Of the amounts made avail4 able for fiscal year 2000 under subparagraphs (A) and (B)

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

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

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

8 shall be available until expended for the following:

9 (1) $96,500,000 for Customs Service aircraft res10 toration and replacement initiative.

11 (2) $15,000,000 for increased air interdiction

12 and investigative support activities.

13 (3) $19,013,000 for marine vessel replacement

14 and related equipment.

15 (b) FISCAL YEAR 2001.—Of the amounts made avail16 able for fiscal year 2001 under subparagraphs (A) and (B)

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

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

19 (B)) as amended by section 101(c) of this Act, $75,524,000

20 shall be available until expended for the following:

21 (1) $36,500,000 for Customs Service aircraft res22 toration and replacement.

23 (2) $15,000,000 for increased air interdiction

24 and investigative support activities.

25 (3) $24,024,000 for marine vessel replacement

26 and related equipment.
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1 SEC. 106. COMPLIANCE WITH PERFORMANCE PLAN RE2 QUIREMENTS.

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

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

5 under section 1115 of title 31, United States Code, the Com6 missioner of Customs shall evaluate the benefits of the ac7 tivities authorized to be carried out pursuant to sections

8 102 through 105 of this Act.

9 (b) ENFORCEMENT PERFORMANCE MEASURES.—The

10 Commissioner of Customs is authorized to contract for the

11 review and assessment of enforcement performance goals

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

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

14 from academia, and from the research community. Any

15 contract for review or assessment conducted pursuant to

16 this subsection shall provide for recommendations of addi17 tional measures that would improve the enforcement strat18 egy and activities of the Customs Service.

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

20 Customs shall submit any assessment, review, or report pro21 vided for under this section to the Committee on Finance

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

23 the House of Representatives.

24 SEC. 107. TRANSFER OF AEROSTATS.

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

26 for funding the acquisition and operation by the Customs
42

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1 Service of tethered aerostat radar systems currently oper2 ated by the Department of the Air Force and scheduled for

3 replacement in fiscal year 2001.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

5 authorized to be appropriated such sums as may be nec6 essary to permit the operation and maintenance of the aero7 stat radar systems, after the systems are transferred to the

8 Customs Service.

9 SEC. 108. REPORT ON INTELLIGENCE REQUIREMENTS.

10 The Commissioner of Customs shall, not later than 1

11 year of the date of enactment of this Act, provide the Com12 mittee on Finance of the Senate and the Committee on

13 Ways and Means of the House of Representatives with—

14 (1) an assessment of the intelligence- and infor15 mation-gathering capabilities and needs of the Cus16 toms Service;

17 (2) the impact of any limitations on the intel18 ligence and information gathering capabilities nec19 essary for adequate enforcement of the customs laws

20 of the United States and other laws enforced by the

21 Customs Service; and

22 (3) a report detailing the Commissioner’s rec23 ommendations for improving the agency’s capabili24 ties.
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1 SEC. 109. AUTHORIZATION OF APPROPRIATIONS FOR PRO2 GRAM TO PREVENT CHILD PORNOGRAPHY

3 AND SEXUAL EXPLOITATION OF CHILDREN.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to the Customs Service

6 $10,000,000 for fiscal year 2000 to carry out the program

7 to prevent child pornography and sexual exploitation of

8 children established by the Child Cyber-Smuggling Center

9 of the Customs Service.

10 (b) USE OF AMOUNTS FOR CHILD PORNOGRAPHY

11 CYBER TIPLINE.—Of the amount appropriated under sub12 section (a), the Customs Service shall provide 3.75 percent

13 of such amount to the National Center for Missing and Ex14 ploited Children for the operation of the child pornography

15 cyber tipline of the Center and for increased public aware16 ness of the tipline.

17 TITLE II—CUSTOMS

18 MANAGEMENT

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

20 CUSTOMS.

21 (a) TERM.—

22 (1) GENERAL REQUIREMENTS.—The first section

23 of the Act entitled ‘‘An Act to create a Bureau of Cus24 toms and a Bureau of Prohibition in the Department

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

26 2071) is amended—
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1 (A) by striking ‘‘There shall be’’ and insert2 ing ‘‘(a) IN GENERAL.—There shall be’’;

3 (B) in the second sentence—

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

5 after ‘‘Senate’’;

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

7 paragraph (2);

8 (iii) by striking the period at the end

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

10 and

11 (iv) by adding at the end the following

12 new paragraph:

13 ‘‘(4) have demonstrated ability in manage14 ment.’’; and

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

16 ‘‘(b) VACANCY.—Any individual appointed to fill a va17 cancy in the position of Commissioner occurring before the

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

19 was appointed shall be appointed only for the remainder

20 of that term.

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

22 at the will of the President.

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

24 appointed to more than one 5-year term.’’.
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1 (2) CURRENT OFFICE HOLDER.— In the case of

2 an individual serving as the Commissioner of Cus3 toms on the date of enactment of this Act, who was

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

5 year term required by the first section of the Act enti6 tled ‘‘An Act to create a Bureau of Customs and a

7 Bureau of Prohibition in the Department of the

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

9 of the date of such appointment.

10 (b) SALARY.—

11 (1) IN GENERAL.—

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

13 Code, is amended by striking the following item:

14 ‘‘Commissioner of Customs, Department of the

15 Treasury.’’.

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

17 Code, is amended by inserting at the end the fol18 lowing item:

19 ‘‘Commissioner of Customs, Department of the

20 Treasury.’’.

21 (2) EFFECTIVE DATE.—The amendments made

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

23 SEC. 202. INTERNAL COMPLIANCE.

24 (a) ESTABLISHMENT OF INTERNAL COMPLIANCE PRO25 GRAM.—The Commissioner of Customs shall—
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•HR 1833 RS

1 (1) establish, within the Office of Internal Af2 fairs, a program of internal compliance designed to

3 enhance the performance of the basic mission of the

4 Customs Service to ensure compliance with all appli5 cable laws and, in particular, with the implementa6 tion of title VI of the North American Free Trade

7 Agreement Implementation Act (commonly referred to

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

9 (2) institute a program of ongoing self-assess10 ment and conduct a review on an annual basis of the

11 performance of all core functions of the Customs Serv12 ice;

13 (3) identify deficiencies in the current perform14 ance of the Customs Service with respect to commer15 cial operations, enforcement, and internal manage16 ment and propose specific corrective measures to ad17 dress such concerns; and

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

19 this Act, and annually thereafter, provide the Com20 mittee on Finance of the Senate and the Committee

21 on Ways and Means of the House of Representatives

22 with a report on the programs and reviews conducted

23 under this subsection.

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

25 The Commissioner of Customs shall, as part of the develop-
47

•HR 1833 RS

1 ment of an improved system of internal compliance, initiate

2 a review of current best practices in internal compliance

3 programs among government agencies and private sector

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

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

6 to the Committee on Governmental Affairs and the Com7 mittee on Finance of the Senate and the Committee on Gov8 ernment Reform and the Committee on Ways and Means

9 of the House of Representatives.

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

11 General of the Department of the Treasury shall review and

12 audit the implementation of the programs described in sub13 section (a) as part of the Inspector General’s report required

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

15 SEC. 203. REPORT ON PERSONNEL FLEXIBILITY.

16 Not later than 6 months after the date of enactment

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

18 the Committee on Governmental Affairs and the Committee

19 on Finance of the Senate and the Committee on Government

20 Reform and the Committee on Ways and Means of the

21 House of Representatives a report on the Commissioner’s

22 recommendations for modifying existing personnel rules to

23 permit more effective management of the resources of the

24 Customs Service and for improving the ability of the Cus25 toms Service to fulfill its mission. The report shall also in-
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1 clude an analysis of why the flexibility provided under ex2 isting personnel rules is insufficient to meet the needs of

3 the Customs Service.

4 SEC. 204. REPORT ON IMPLEMENTATION OF PERSONNEL

5 ALLOCATION MODEL.

6 Not later than 6 months after the date of enactment

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

8 the Committee on Finance of the Senate and the Committee

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

10 implementation of the personnel allocation model under de11 velopment in the Customs Service.

12 SEC. 205. REPORT ON DETECTION AND MONITORING RE13 QUIREMENTS ALONG THE SOUTHERN TIER

14 AND NORTHERN BORDER.

15 Not later than 6 months after the date of enactment

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

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

18 Committee on Ways and Means of the House of Representa19 tives regarding the requirements of the Customs Service for

20 counterdrug detection and monitoring of the arrival zones

21 along the southern tier and northern border of the United

22 States. The report shall include an assessment of—

23 (1) the performance of existing detection and

24 monitoring equipment, technology, and personnel;
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1 (2) any gaps in radar coverage of the arrival

2 zones along the southern tier and northern border of

3 the United States; and

4 (3) any limitations imposed on the enforcement

5 activities of the Customs Service as a result of the re6 liance on detection and monitoring equipment, tech7 nology, and personnel operated under the auspices of

8 the Department of Defense.

9 TITLE III—MARKING

10 VIOLATIONS

11 SEC. 301. CIVIL PENALTIES FOR MARKING VIOLATIONS.

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

13 1304(l)) is amended—

14 (1) by redesignating paragraphs (1) and (2) as

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

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

17 IN GENERAL.—Any person’’;

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

19 right; and

20 (4) by adding at the end the following new para21 graph:

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

23 destroys, removes, alters, covers, obscures, or obliter24 ates any mark required under this section shall be

25 liable for a civil penalty of not more than $10,000 for
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1 each violation. The civil penalty imposed under this

2 subsection shall be in addition to any marking duties

3 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.’’.