In the Senate of the United States,
August 5, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 1833) entitled ‘‘An Act to authorize appropria-
tions for fiscal years 2000 and 2001 for the United States
Customs Service for drug interdiction and other operations,
for the Office of the United States Trade Representative, for
the United States International Trade Commission, and for
other purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Customs Authorization
Act of 1999’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE 
I—AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
UNITED
STATES CUSTOMS SERVICE FOR ENHANCED INSPECTION, TRADE
FACILITATION, AND DRUG INTERDICTION
Sec. 101. Authorization of appropriations.
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Sec. 102. Cargo inspection and narcotics detection equipment for the United
States-Mexico border, United States-Canada border, and Florida
and Gulf Coast seaports; internal management improvements.
Sec. 103. Peak hours and investigative resource enhancement for the United
States-Mexico and United States-Canada borders, Florida and
Gulf Coast seaports, and the Bahamas.
Sec. 104. Agent rotations; elimination of backlog of background investigations.
Sec. 105. Air and marine operation and maintenance funding.
Sec. 106. Compliance with performance plan requirements.
Sec. 107. Transfer of aerostats.
Sec. 108. Report on intelligence requirements.
Sec. 109. Authorization of appropriations for program to prevent child 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.’’.
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(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
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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-
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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
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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.
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(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
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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).
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(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.
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(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:
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(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
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(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).
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(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)
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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).
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(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.
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(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-
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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