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(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-
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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—
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(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
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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:
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‘‘(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:
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‘‘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;
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(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-
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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.
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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—
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(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.’’.
Attest:
Secretary.
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