CHAPTER 2—MISCELLANEOUS
PROVISIONS
SEC. 131. STUDY AND REPORT RELATING TO PERSONNEL
PRACTICES OF THE CUSTOMS SERVICE.
(a) STUDY.—The Commissioner of Customs shall
conduct a study of current personnel practices of the Cus-
toms Service, including an overview of performance stand-
ards and the effect and impact of the collective bargaining
process on drug interdiction efforts of the Customs Service
and a comparison of duty rotation policies of the Customs
Service and other Federal agencies that employ similarly-
situated personnel.
(b) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Commissioner of Cus-
toms shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on
Finance of the Senate a report containing the results of
the study conducted under subsection (a).
TITLE
II—OFFICE
OF
THE
UNITED STATES TRADE REP-
RESENTATIVE
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 141(g)(1) of the Trade
Act of 1974 (19 U.S.C. 2171(g)(1)) is amended—
(1) in subparagraph (A)—
(A) in the matter preceding clause (i), by
striking ‘‘not to exceed the following’’ and in-
serting ‘‘as follows’’;
(B) in clause (i) to read as follows:
‘‘(i) $26,501,000 for fiscal year 2000.’’; and
(C) in clause (ii) to read as follows:
‘‘(ii) $26,501,000 for fiscal year 2001.’’; and
(2) in subparagraph (B)—
(A) in clause (i), by adding ‘‘and’’ at the
end;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause
(ii).
(b) SUBMISSION OF OUT-YEAR BUDGET PROJEC-
TIONS.—Section 141(g) of the Trade Act of 1974 (19
U.S.C. 2171(g)) is amended by adding at the end the fol-
lowing:
‘‘(3) By no later than the date on which the President
submits to the Congress the budget of the United States
Government for a fiscal year, the United States Trade
Representative shall submit to the Committee on Ways
and Means of the House of Representatives and the Com-
mittee on Finance of the Senate the projected amount of
funds for the succeeding fiscal year that will be necessary
for the Office to carry out its functions.’’.
TITLE
III—UNITED
STATES
INTERNATIONAL TRADE COM-
MISSION
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 330(e)(2)(A) of the Tariff
Act of 1930 (19 U.S.C. 1330(e)(2)) is amended—
(1) in clause (i) to read as follows:
‘‘(i) $47,200,000 for fiscal year 2000.’’; and
(2) in clause (ii) to read as follows:
‘‘(ii) $49,750,000 for fiscal year 2001.’’.
(b) SUBMISSION OF OUT-YEAR BUDGET PROJEC-
TIONS.—Section 330(e) of the Tariff Act of 1930 (19
U.S.C. 1330(e)(2)) is amended by adding at the end the
following:
‘‘(4) By no later than the date on which the President
submits to the Congress the budget of the United States
Government for a fiscal year, the Commission shall submit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate the projected amount of funds for the succeeding
fiscal year that will be necessary for the Commission to
carry out its functions.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Customs Authorization
Act of 1999’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE 
I—AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
UNITED
STATES CUSTOMS SERVICE FOR ENHANCED INSPECTION, TRADE
FACILITATION, AND DRUG INTERDICTION
Sec. 101. Authorization of appropriations.
Sec. 102. Cargo inspection and narcotics detection equipment for the United
States-Mexico border, United States-Canada border, and Florida
and Gulf Coast seaports; internal management improvements.
Sec. 103. Peak hours and investigative resource enhancement for the United
States-Mexico and United States-Canada borders, Florida and
Gulf Coast seaports, and the Bahamas.
Sec. 104. Agent rotations; elimination of backlog of background investigations.
Sec. 105. Air and marine operation and maintenance funding.
Sec. 106. Compliance with performance plan requirements.
Sec. 107. Transfer of aerostats.
Sec. 108. Report on intelligence requirements.
Sec. 109. Authorization of appropriations for program to prevent child pornog-
raphy and sexual exploitation of children.
TITLE II—CUSTOMS MANAGEMENT
Sec. 201. Term and salary of the Commissioner of Customs.
Sec. 202. Internal compliance.
Sec. 203. Report on personnel flexibility.
Sec. 204. Report on implementation of personnel allocation model.
Sec. 205. Report on detection and monitoring requirements along the southern
tier and northern border.
TITLE III—MARKING VIOLATIONS
Sec. 301. Civil penalties for marking violations.
TITLE I—AUTHORIZATION OF AP-
PROPRIATIONS FOR UNITED
STATES 
CUSTOMS 
SERVICE
FOR ENHANCED INSPECTION,
TRADE 
FACILITATION, 
AND
DRUG INTERDICTION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) DRUG ENFORCEMENT AND OTHER NONCOMMER-
CIAL OPERATIONS.—Subparagraphs (A) and (B) of section
301(b)(1) of the Customs Procedural Reform and Sim-
plification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and (B))
are amended to read as follows:
‘‘(A) $1,029,608,384 for fiscal year 2000.
‘‘(B) $1,111,450,668 for fiscal year 2001.’’.
(b) COMMERCIAL OPERATIONS.—Clauses (i) and (ii)
of 
section 
301(b)(2)(A) 
of 
such 
Act 
(19 
U.S.C.
2075(b)(2)(A)(i) and (ii)) are amended to read as follows:
‘‘(i) $1,251,794,435 for fiscal year
2000.
‘‘(ii) $1,348,676,435 for fiscal year
2001.’’.
(c) AIR AND MARINE INTERDICTION.—Subparagraphs
(A) and (B) of section 301(b)(3) of such Act (19 U.S.C.
2075(b)(3)(A) and (B)) are amended to read as follows:
‘‘(A) $229,001,000 for fiscal year 2000.
‘‘(B) $176,967,000 for fiscal year 2001.’’.
(d) SUBMISSION OF BUDGET PROJECTIONS.—Section
301(a) of such Act (19 U.S.C. 2075(a)) is amended by add-
ing at the end the following:
‘‘(3) By no later than the date on which the
President submits to Congress the budget of the
United States Government for a fiscal year, the Com-
missioner of Customs shall submit to the Committee
on Appropriations and the Committee on Ways and
Means of the House of Representatives and the Com-
mittee on Appropriations and the Committee on Fi-
nance of the Senate the budget request submitted to
the Secretary of the Treasury estimating the amount
of funds for that fiscal year that will be necessary for
the operations of the Customs Service as provided for
in subsection (b).’’.
(e) AUTHORIZATION OF APPROPRIATIONS FOR MOD-
ERNIZING CUSTOMS SERVICE COMPUTER SYSTEMS.—
(1) ESTABLISHMENT
OF
AUTOMATION
MOD-
ERNIZATION WORKING CAPITAL FUND.—There is es-
tablished within the United States Customs Service
an Automation Modernization Working Capital Fund
(in this section referred to as the ‘‘Fund’’). The Fund
shall consist of the amounts authorized to be appro-
priated under paragraph (2) and shall be used to im-
plement a program for modernizing the Customs
Service computer systems, to maintain the existing
computer systems until a modernized computer sys-
tem is fully implemented, and for related computer
system modernization activities.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for the Fund
$242,000,000 for fiscal year 2000 and $336,000,000
for fiscal year 2001. The amounts authorized to be
appropriated under this paragraph shall remain
available until expended.
(3) REPORT AND AUDIT.—
(A) REPORT.—The Commissioner of Cus-
toms shall, not later than March 31 and Sep-
tember 30 of each year, report to the Comptroller
General of the United States, the Committee on
Appropriations and the Committee on Ways and
Means of the House of Representatives and the
Committee on Appropriations and the Com-
mittee on Finance of the Senate regarding the
progress being made in the modernization of the
Customs Service computer systems. Each report
shall—
(i) include explicit criteria used to
identify, evaluate, and prioritize invest-
ments for computer systems modernization
planned for the Customs Service for each of
fiscal years 2000 through 2004;
(ii) provide a schedule for mitigating
any deficiencies identified by the General
Accounting Office and for developing and
implementing all computer systems mod-
ernization projects;
(iii) provide a plan for expanding the
utilization of private sector sources for the
development and integration of computer
systems; and
(iv) contain timely schedules and re-
source allocations for implementing the
modernization of the Customs Service com-
puter systems.
(B) AUDIT.—Not later than 30 days after a
report described in subparagraph (A) is received,
the Comptroller General of the United States
shall audit the report and shall provide the re-
sults of the audit to the Commissioner of Cus-
toms, to the Committee on Appropriations and
the Committee on Ways and Means of the House
of Representatives, and to the Committee on Ap-
propriations and the Committee on Finance of
the Senate.
SEC. 102. CARGO INSPECTION AND NARCOTICS DETECTION
EQUIPMENT FOR THE UNITED STATES-MEX-
ICO BORDER, UNITED STATES-CANADA BOR-
DER, AND FLORIDA AND GULF COAST SEA-
PORTS; INTERNAL MANAGEMENT IMPROVE-
MENTS.
(a) FISCAL YEAR 2000.—Of the amounts made avail-
able for fiscal year 2000 under section 301(b)(1)(A) of the
Customs Procedural Reform and Simplification Act of 1978
(19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a)
of this Act, $116,436,000 shall be available until expended
for acquisition and other expenses associated with imple-
mentation and deployment of narcotics detection equipment
along the United States-Mexico border, the United States-
Canada border, and Florida and the Gulf Coast seaports,
and for internal management improvements as follows:
(1) UNITED STATES-MEXICO BORDER.—For the
United States-Mexico border, the following amounts
shall be available:
(A) $6,000,000 for 8 Vehicle and Container
Inspection Systems (VACIS).
(B) $11,000,000 for 5 mobile truck x-rays
with transmission and backscatter imaging.
(C) $12,000,000 for the upgrade of 8 fixed-
site truck x-rays from the present energy level of
450,000 electron volts to 1,000,000 electron volts
(1–MeV).
(D) $7,200,000 for 8 1–MeV pallet x-rays.
(E) $1,000,000 for 200 portable contraband
detectors (busters) to be distributed among ports
where the current allocations are inadequate.
(F) $600,000 for 50 contraband detection
kits to be distributed among all southwest border
ports based on traffic volume.
(G) $500,000 for 25 ultrasonic container in-
spection units to be distributed among all ports
receiving liquid-filled cargo and to ports with a
hazardous material inspection facility.
(H) $2,450,000 for 7 automated targeting
systems.
(I) $360,000 for 30 rapid tire deflator sys-
tems to be distributed to those ports where port
runners are a threat.
(J) $480,000 for 20 portable Treasury En-
forcement Communications Systems (TECS) ter-
minals to be moved among ports as needed.
(K) $1,000,000 for 20 remote watch surveil-
lance camera systems at ports where there are
suspicious activities at loading docks, vehicle
queues, secondary inspection lanes, or areas
where visual surveillance or observation is ob-
scured.
(L) $1,254,000 for 57 weigh-in-motion sen-
sors to be distributed among the ports with the
greatest volume of outbound traffic.
(M) $180,000 for 36 AM traffic information
radio stations, with 1 station to be located at
each border crossing.
(N) $1,040,000 for 260 inbound vehicle
counters to be installed at every inbound vehicle
lane.
(O) $950,000 for 38 spotter camera systems
to counter the surveillance of customs inspection
activities by persons outside the boundaries of
ports where such surveillance activities are oc-
curring.
(P) $390,000 for 60 inbound commercial
truck transponders to be distributed to all ports
of entry.
(Q) $1,600,000 for 40 narcotics vapor and
particle detectors to be distributed to each border
crossing.
(R) $400,000 for license plate reader auto-
matic targeting software to be installed at each
port to target inbound vehicles.
(S) $1,000,000 for a demonstration site for
a high-energy relocatable rail car inspection sys-
tem with an x-ray source switchable from
2,000,000 electron volts (2–MeV) to 6,000,000
electron volts (6–MeV) at a shared Department of
Defense testing facility for a two-month testing
period.
(2) UNITED STATES-CANADA BORDER.—For the
United States-Canada border, the following amounts
shall be available:
(A) $3,000,000 for 4 Vehicle and Container
Inspection Systems (VACIS).
(B) $8,800,000 for 4 mobile truck x-rays
with transmission and backscatter imaging.
(C) $3,600,000 for 4 1–MeV pallet x-rays.
(D) $250,000 for 50 portable contraband de-
tectors (busters) to be distributed among ports
where the current allocations are inadequate.
(E) $300,000 for 25 contraband detection
kits to be distributed among ports based on traf-
fic volume.
(F) $240,000 for 10 portable Treasury En-
forcement Communications Systems (TECS) ter-
minals to be moved among ports as needed.
(G) $400,000 for 10 narcotics vapor and
particle detectors to be distributed to each border
crossing based on traffic volume.
(H) $600,000 for 30 fiber optic scopes.
(I) $250,000 for 50 portable contraband de-
tectors (busters) to be distributed among ports
where the current allocations are inadequate.
(J) $3,000,000 for 10 x-ray vans with par-
ticle detectors.
(K) $40,000 for 8 AM loop radio systems.
(L) $400,000 for 100 vehicle counters.
(M) $1,200,000 for 12 examination tool
trucks.
(N) $2,400,000 for 3 dedicated commuter
lanes.
(O) $1,050,000 for 3 automated targeting
systems.
(P) $572,000 for 26 weigh-in-motion sen-
sors.
(Q) $480,000 for 20 portable Treasury En-
forcement Communication Systems (TECS).
(3) FLORIDA AND GULF COAST SEAPORTS.—For
Florida and the Gulf Coast seaports, the following
amounts shall be available:
(A) $4,500,000 for 6 Vehicle and Container
Inspection Systems (VACIS).
(B) $11,800,000 for 5 mobile truck x-rays
with transmission and backscatter imaging.
(C) $7,200,000 for 8 1–MeV pallet x-rays.
(D) $250,000 for 50 portable contraband de-
tectors (busters) to be distributed among ports
where the current allocations are inadequate.
(E) $300,000 for 25 contraband detection
kits to be distributed among ports based on traf-
fic volume.
(4) INTERNAL MANAGEMENT IMPROVEMENTS.—
For internal management improvements, the fol-
lowing amounts shall be available:
(A) $2,500,000 for automated systems for
management of internal affairs functions.
(B) $700,000 for enhanced internal affairs
file management systems.
(C) $2,700,000 for enhanced financial asset
management systems.
(D) $6,100,000 for enhanced human re-
sources information system to improve personnel
management.
(E) $2,700,000 for new data management
systems for improved performance analysis, in-
ternal and external reporting, and data analysis.
(F) $1,700,000 for automation of the collec-
tion of key export data as part of the implemen-
tation of the Automated Export system.
(b) TEXTILE TRANSSHIPMENT.—Of the amounts made
available for fiscal years 2000 and 2001 under section
301(b)(1)(B) of the Customs Procedural Reform and Sim-
plification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as
amended by section 101(a) of this Act, $3,364,435 shall be
available for each fiscal year for textile transshipment en-
forcement.
(c) FISCAL YEAR 2001.—Of the amounts made avail-
able for fiscal year 2001 under section 301(b)(1)(B) of the
Customs Procedural Reform and Simplification Act of 1978
(19 U.S.C. 2075(b)(1)(B)), as amended by section 101(a)
of this Act, $9,923,500 shall be available for the mainte-
nance and support of the equipment and training of per-
sonnel to maintain and support the equipment described
in subsection (a).
(d) ACQUISITION
OF TECHNOLOGICALLY SUPERIOR
EQUIPMENT; TRANSFER OF FUNDS.—
(1) IN GENERAL.—The Commissioner of Customs
may use amounts made available for fiscal year 2000
under section 301(b)(1)(A) of the Customs Procedural
Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(1)(A)), as amended by section 101(a) of this
Act, for the acquisition of equipment other than the
equipment described in subsection (a) if such other
equipment—
(A)(i) is technologically superior to the
equipment described in subsection (a); and
(ii) will achieve at least the same results at
a cost that is the same or less than the equip-
ment described in subsection (a); or
(B) is technologically equivalent to the
equipment described in subsection (a) and can be
obtained at a lower cost than the equipment de-
scribed in subsection (a).
(2) TRANSFER OF FUNDS.—Notwithstanding any
other provision of this section, the Commissioner of
Customs may reallocate an amount not to exceed 25
percent of—
(A) the amount specified in any of subpara-
graphs (A) through (R) of subsection (a)(1) for
equipment specified in any other of such sub-
paragraphs (A) through (R);
(B) the amount specified in any of subpara-
graphs (A) through (Q) of subsection (a)(2) for
equipment specified in any other of such sub-
paragraphs (A) through (Q); and
(C) the amount specified in any of subpara-
graphs (A) through (E) of subsection (a)(3) for
equipment specified in any other of such sub-
paragraphs (A) through (E).
SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE EN-
HANCEMENT FOR THE UNITED STATES-MEX-
ICO AND UNITED STATES-CANADA BORDERS,
FLORIDA AND GULF COAST SEAPORTS, AND
THE BAHAMAS.
(a) IN GENERAL.—Of the amounts made available for
fiscal years 2000 and 2001 under subparagraphs (A) and
(B) of section 301(b)(1) of the Customs Procedural Reform
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)
and (B)), as amended by section 101(a) of this Act,
$181,864,800 for fiscal year 2000 (including $5,673,600
until 
expended 
for 
investigative 
equipment) 
and
$230,983,340 for fiscal year 2001 shall be available for the
following:
(1) A net increase of 535 inspectors, 120 special
agents, and 10 intelligence analysts for the United
States-Mexico border, and 375 inspectors for the
United States-Canada border, in order to open all
primary lanes on such borders during peak hours and
enhance investigative resources.
(2) A net increase of 285 inspectors and canine
enforcement officers to be distributed at large cargo
facilities as needed to process and screen cargo (in-
cluding rail cargo) and reduce commercial waiting
times on the United States-Mexico border and a net
increase of 125 inspectors to be distributed at large
cargo facilities as needed to process and screen cargo
(including rail cargo) and reduce commercial waiting
times on the United States-Canada border.
(3) A net increase of 40 special agents and 10
intelligence analysts to facilitate the activities of the
additional inspectors authorized under paragraphs
(1) and (2).
(4) A net increase of 40 inspectors at sea ports
in southeast Florida to process and screen cargo.
(5) A net increase of 70 special agent positions,
23 intelligence analyst positions, 9 support staff posi-
tions, and the necessary equipment to enhance inves-
tigation efforts targeted at internal conspiracies at the
Nation’s seaports.
(6) A net increase of 360 special agents, 30 intel-
ligence analysts, and additional resources to be dis-
tributed among offices that have jurisdiction over
major metropolitan drug or narcotics distribution
and transportation centers for intensification of ef-
forts against drug smuggling and money-laundering
organizations.
(7) A net increase of 2 special agent positions to
re-establish a Customs Attache office in Nassau.
(8) A net increase of 62 special agent positions
and 8 intelligence analyst positions for maritime
smuggling investigations and interdiction operations.
(9) A net increase of 50 positions and additional
resources to the Office of Internal Affairs to enhance
investigative resources for anticorruption efforts.
(10) The costs incurred as a result of the increase
in personnel hired pursuant to this section.
(b) RELOCATION
OF PERSONNEL.—Notwithstanding
any other provision of this section, the Commissioner of
Customs may reduce the amount of additional personnel
provided for in any of paragraphs (1) through (9) of sub-
section (a) by not more than 25 percent, if the Commis-
sioner of Customs makes a corresponding increase in the
personnel provided for in one or more of such paragraphs
(1) through (9).
(c) NET INCREASE.—In this section, the term ‘‘net in-
crease’’ means an increase in the number of employees in
each position described in this section over the number of
employees in each such position that was provided for in
fiscal year 1999.
SEC. 104. AGENT ROTATIONS; ELIMINATION OF BACKLOG
OF BACKGROUND INVESTIGATIONS.
Of the amounts made available for fiscal years 2000
and 2001 under section 301(b)(1) (A) and (B) of the Cus-
toms Procedural Reform and Simplification Act of 1978
(19 U.S.C. 2075(b)(1) (A) and (B)), as amended by section
101(a) of this Act, $16,000,000 for fiscal year 2000 (includ-
ing $10,000,000 until expended) and $6,000,000 for fiscal
year 2001 shall be available to—
(1) provide additional funding to clear the back-
log of existing background investigations and to pro-
vide for background investigations during extraor-
dinary recruitment activities of the agency; and
(2) provide for the interoffice transfer of up to
100 special agents, including costs related to reloca-
tions, between the Office of Investigations and Office
of Internal Affairs, at the discretion of the Commis-
sioner of Customs.
SEC. 105. AIR AND MARINE OPERATION AND MAINTENANCE
FUNDING.
(a) FISCAL YEAR 2000.—Of the amounts made avail-
able for fiscal year 2000 under subparagraphs (A) and (B)
of section 301(b)(3) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)(3) (A) and
(B)), as amended by section 101(c) of this Act, $130,513,000
shall be available until expended for the following:
(1) $96,500,000 for Customs Service aircraft res-
toration and replacement initiative.
(2) $15,000,000 for increased air interdiction
and investigative support activities.
(3) $19,013,000 for marine vessel replacement
and related equipment.
(b) FISCAL YEAR 2001.—Of the amounts made avail-
able for fiscal year 2001 under subparagraphs (A) and (B)
of section 301(b)(3) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)(3) (A) and
(B)) as amended by section 101(c) of this Act, $75,524,000
shall be available until expended for the following:
(1) $36,500,000 for Customs Service aircraft res-
toration and replacement.
(2) $15,000,000 for increased air interdiction
and investigative support activities.
(3) $24,024,000 for marine vessel replacement
and related equipment.
SEC. 106. COMPLIANCE WITH PERFORMANCE PLAN RE-
QUIREMENTS.
(a) IN GENERAL.—As part of the annual performance
plan for each of fiscal years 2000 and 2001, as required
under section 1115 of title 31, United States Code, the Com-
missioner of Customs shall evaluate the benefits of the ac-
tivities authorized to be carried out pursuant to sections
102 through 105 of this Act.
(b) ENFORCEMENT PERFORMANCE MEASURES.—The
Commissioner of Customs is authorized to contract for the
review and assessment of enforcement performance goals
and indicators required by section 1115 of title 31, United
States Code, with experts in the field of law enforcement,
from academia, and from the research community. Any
contract for review or assessment conducted pursuant to
this subsection shall provide for recommendations of addi-
tional measures that would improve the enforcement strat-
egy and activities of the Customs Service.
(c) REPORT
TO CONGRESS.—The Commissioner of
Customs shall submit any assessment, review, or report pro-
vided for under this section to the Committee on Finance
of the Senate and the Committee on Ways and Means of
the House of Representatives.
SEC. 107. TRANSFER OF AEROSTATS.
(a) IN GENERAL.—The President shall submit a plan
for funding the acquisition and operation by the Customs
Service of tethered aerostat radar systems currently oper-
ated by the Department of the Air Force and scheduled for
replacement in fiscal year 2001.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to permit the operation and maintenance of the aero-
stat radar systems, after the systems are transferred to the
Customs Service.
SEC. 108. REPORT ON INTELLIGENCE REQUIREMENTS.
The Commissioner of Customs shall, not later than 1
year of the date of enactment of this Act, provide the Com-
mittee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives with—
(1) an assessment of the intelligence- and infor-
mation-gathering capabilities and needs of the Cus-
toms Service;
(2) the impact of any limitations on the intel-
ligence and information gathering capabilities nec-
essary for adequate enforcement of the customs laws
of the United States and other laws enforced by the
Customs Service; and
(3) a report detailing the Commissioner’s rec-
ommendations for improving the agency’s capabili-
ties.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS FOR PRO-
GRAM TO PREVENT CHILD PORNOGRAPHY
AND SEXUAL EXPLOITATION OF CHILDREN.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Customs Service
$10,000,000 for fiscal year 2000 to carry out the program
to prevent child pornography and sexual exploitation of
children established by the Child Cyber-Smuggling Center
of the Customs Service.
(b) USE
OF AMOUNTS
FOR CHILD PORNOGRAPHY
CYBER TIPLINE.—Of the amount appropriated under sub-
section (a), the Customs Service shall provide 3.75 percent
of such amount to the National Center for Missing and Ex-
ploited Children for the operation of the child pornography
cyber tipline of the Center and for increased public aware-
ness of the tipline.
TITLE II—CUSTOMS
MANAGEMENT
SEC. 201. TERM AND SALARY OF THE COMMISSIONER OF
CUSTOMS.
(a) TERM.—
(1) GENERAL REQUIREMENTS.—The first section
of the Act entitled ‘‘An Act to create a Bureau of Cus-
toms and a Bureau of Prohibition in the Department
of the Treasury’’, approved March 3, 1927 (19 U.S.C.
2071) is amended—
(A) by striking ‘‘There shall be’’ and insert-
ing ‘‘(a) IN GENERAL.—There shall be’’;
(B) in the second sentence—
(i) by inserting ‘‘for a term of 5 years’’
after ‘‘Senate’’;
(ii) by striking ‘‘and’’ at the end of
paragraph (2);
(iii) by striking the period at the end
of paragraph (3) and inserting ‘‘; and’’;
and
(iv) by adding at the end the following
new paragraph:
‘‘(4) have demonstrated ability in manage-
ment.’’; and
(C) by adding at the end the following:
‘‘(b) VACANCY.—Any individual appointed to fill a va-
cancy in the position of Commissioner occurring before the
expiration of the term for which the individual’s predecessor
was appointed shall be appointed only for the remainder
of that term.
‘‘(c) REMOVAL.—The Commissioner may be removed
at the will of the President.
‘‘(d) REAPPOINTMENT.—The Commissioner may be
appointed to more than one 5-year term.’’.
(2) CURRENT OFFICE HOLDER.— In the case of
an individual serving as the Commissioner of Cus-
toms on the date of enactment of this Act, who was
appointed to such position before such date, the 5-
year term required by the first section of the Act enti-
tled ‘‘An Act to create a Bureau of Customs and a
Bureau of Prohibition in the Department of the
Treasury’’, as amended by this section, shall begin as
of the date of such appointment.
(b) SALARY.—
(1) IN GENERAL.—
(A) Section 5315 of title 5, United States
Code, is amended by striking the following item:
‘‘Commissioner of Customs, Department of the
Treasury.’’.
(B) Section 5314 of title 5, United States
Code, is amended by inserting at the end the fol-
lowing item:
‘‘Commissioner of Customs, Department of the
Treasury.’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on October 1, 1999.
SEC. 202. INTERNAL COMPLIANCE.
(a) ESTABLISHMENT OF INTERNAL COMPLIANCE PRO-
GRAM.—The Commissioner of Customs shall—
(1) establish, within the Office of Internal Af-
fairs, a program of internal compliance designed to
enhance the performance of the basic mission of the
Customs Service to ensure compliance with all appli-
cable laws and, in particular, with the implementa-
tion of title VI of the North American Free Trade
Agreement Implementation Act (commonly referred to
as the ‘‘Customs Modernization Act’’);
(2) institute a program of ongoing self-assess-
ment and conduct a review on an annual basis of the
performance of all core functions of the Customs Serv-
ice;
(3) identify deficiencies in the current perform-
ance of the Customs Service with respect to commer-
cial operations, enforcement, and internal manage-
ment and propose specific corrective measures to ad-
dress such concerns; and
(4) within 6 months of the date of enactment of
this Act, and annually thereafter, provide the Com-
mittee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives
with a report on the programs and reviews conducted
under this subsection.
(b) EVALUATION AND REPORT ON BEST PRACTICES.—
The Commissioner of Customs shall, as part of the develop-
ment of an improved system of internal compliance, initiate
a review of current best practices in internal compliance
programs among government agencies and private sector
organizations and, not later than 18 months after the date
of enactment of this Act, report on the results of the review
to the Committee on Governmental Affairs and the Com-
mittee on Finance of the Senate and the Committee on Gov-
ernment Reform and the Committee on Ways and Means
of the House of Representatives.
(c) REVIEW BY INSPECTOR GENERAL.—The Inspector
General of the Department of the Treasury shall review and
audit the implementation of the programs described in sub-
section (a) as part of the Inspector General’s report required
under the Inspector General Act of 1978 (5 U.S.C. App).
SEC. 203. REPORT ON PERSONNEL FLEXIBILITY.
Not later than 6 months after the date of enactment
of this Act, the Commissioner of Customs shall submit to
the Committee on Governmental Affairs and the Committee
on Finance of the Senate and the Committee on Government
Reform and the Committee on Ways and Means of the
House of Representatives a report on the Commissioner’s
recommendations for modifying existing personnel rules to
permit more effective management of the resources of the
Customs Service and for improving the ability of the Cus-
toms Service to fulfill its mission. The report shall also in-
clude an analysis of why the flexibility provided under ex-
isting personnel rules is insufficient to meet the needs of
the Customs Service.
SEC. 204. REPORT ON IMPLEMENTATION OF PERSONNEL
ALLOCATION MODEL.
Not later than 6 months after the date of enactment
of this Act, the Commissioner of Customs shall report to
the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives on the
implementation of the personnel allocation model under de-
velopment in the Customs Service.
SEC. 205. REPORT ON DETECTION AND MONITORING RE-
QUIREMENTS ALONG THE SOUTHERN TIER
AND NORTHERN BORDER.
Not later than 6 months after the date of enactment
of this Act, the Commissioner of Customs shall submit a
report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representa-
tives regarding the requirements of the Customs Service for
counterdrug detection and monitoring of the arrival zones
along the southern tier and northern border of the United
States. The report shall include an assessment of—
(1) the performance of existing detection and
monitoring equipment, technology, and personnel;
(2) any gaps in radar coverage of the arrival
zones along the southern tier and northern border of
the United States; and
(3) any limitations imposed on the enforcement
activities of the Customs Service as a result of the re-
liance on detection and monitoring equipment, tech-
nology, and personnel operated under the auspices of
the Department of Defense.
TITLE III—MARKING
VIOLATIONS
SEC. 301. CIVIL PENALTIES FOR MARKING VIOLATIONS.
Section 304(l) of the Tariff Act of 1930 (19 U.S.C.
1304(l)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ‘‘Any person’’ and inserting ‘‘(1)
IN GENERAL.—Any person’’;
(3) by moving the remaining text 2 ems to the
right; and
(4) by adding at the end the following new para-
graph:
‘‘(2) CIVIL PENALTIES.—Any person who defaces,
destroys, removes, alters, covers, obscures, or obliter-
ates any mark required under this section shall be
liable for a civil penalty of not more than $10,000 for
each violation. The civil penalty imposed under this
subsection shall be in addition to any marking duties
owed under subsection (i).’’.
Amend the title so as to read: ‘‘An Act to authorize
appropriations for the United States Customs Service,
and for other purposes.’’.