Calendar No. 218
106TH CONGRESS
1ST SESSION
H. R. 1833
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 Represent-
ative, for the United States International Trade
Commission, and for other purposes.
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 interdic-
tion and other operations, for the Office of the United
States Trade Representative, for the United States Inter-
national Trade Commission, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Trade Agency Author-
izations, Drug Free Borders, and Prevention of On-Line
Child Pornography 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—UNITED STATES CUSTOMS SERVICE
Subtitle A—Drug Enforcement and Other Noncommercial and Commercial
Operations
Sec. 101. Authorization of appropriations for noncommercial operations, com-
mercial operations, and air and marine interdiction.
Sec. 102. Illicit narcotics detection equipment for the United States-Mexico bor-
der, 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 pornog-
raphy/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 addi-
tional 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 Serv-
ice.
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.
TITLE I—UNITED STATES
CUSTOMS SERVICE
Subtitle A—Drug Enforcement and
Other Noncommercial and Com-
mercial Operations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NON-
COMMERCIAL
OPERATIONS,
COMMERCIAL
OPERATIONS, AND AIR AND MARINE INTER-
DICTION.
(a)
NONCOMMERCIAL
OPERATIONS.—Section
301(b)(1) of the Customs Procedural Reform and Sim-
plification
Act
of
1978
(19
U.S.C.
2075(b)(1))
is
amended—
(1) in subparagraph (A) to read as follows:
‘‘(A) $999,563,000 for fiscal year 2000.’’;
and
(2) in subparagraph (B) to read as follows:
‘‘(B) $996,464,000 for fiscal year 2001.’’.
(b) COMMERCIAL OPERATIONS.—
(1) IN GENERAL.—Section 301(b)(2)(A) of the
Customs Procedural Reform and Simplification Act
of 1978 (19 U.S.C. 2075(b)(2)(A)) is amended—
(A) in clause (i) to read as follows:
‘‘(i) $1,154,359,000 for fiscal year 2000.’’;
and
(B) in clause (ii) to read as follows:
‘‘(ii)
$1,194,534,000
for
fiscal
year
2001.’’.
(2) REPORTS.—Not later than 90 days after
the date of the enactment of this Act, and not later
than each subsequent 90-day period, the Commis-
sioner of Customs shall prepare and submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate a report demonstrating that the develop-
ment and establishment of the automated commer-
cial environment computer system is being carried
out in a cost-effective manner and meets the mod-
ernization requirements of title VI of the North
American Free Trade Agreements Implementation
Act.
(c)
AIR
AND
MARINE
INTERDICTION.—Section
301(b)(3) of the Customs Procedural Reform and Sim-
plification
Act
of
1978
(19
U.S.C.
2075(b)(3))
is
amended—
(1) in subparagraph (A) to read as follows:
‘‘(A) $109,413,000 for fiscal year 2000.’’;
and
(2) in subparagraph (B) to read as follows:
‘‘(B) $113,789,000 for fiscal year 2001.’’.
(d) SUBMISSION OF OUT-YEAR BUDGET PROJEC-
TIONS.—Section 301(a) of the Customs Procedural Re-
form and Simplification Act of 1978 (19 U.S.C. 2075(a))
is amended by adding at the end the following:
‘‘(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 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 the projected amount of funds for
the succeeding fiscal year that will be necessary for the
operations of the Customs Service as provided for in sub-
section (b).’’.
SEC. 102. ILLICIT NARCOTICS DETECTION EQUIPMENT FOR
THE
UNITED
STATES-MEXICO
BORDER,
UNITED
STATES-CANADA
BORDER,
AND
FLORIDA AND THE GULF COAST SEAPORTS.
(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, $90,244,000 shall be available until
expended for acquisition and other expenses associated
with implementation and deployment of illicit narcotics de-
tection equipment along the United States-Mexico border,
the United States-Canada border, and Florida and the
Gulf Coast seaports, as follows:
(1) UNITED STATES-MEXICO BORDER.—For the
United States-Mexico border, the following:
(A) $6,000,000 for 8 Vehicle and Con-
tainer Inspection Systems (VACIS).
(B) $11,200,000 for 5 mobile truck x-rays
with transmission and backscatter imaging.
(C) $13,000,000 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 contra-
band
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 bor-
der ports based on traffic volume.
(G) $500,000 for 25 ultrasonic container
inspection 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)
terminals to be moved among ports as needed.
(K) $1,000,000 for 20 remote watch sur-
veillance camera systems at ports where there
are suspicious activities at loading docks, vehi-
cle queues, secondary inspection lanes, or areas
where visual surveillance or observation is ob-
scured.
(L) $1,254,000 for 57 weigh-in-motion
sensors to be distributed among the ports with
the greatest volume of outbound traffic.
(M) $180,000 for 36 AM traffic informa-
tion 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 sys-
tems to counter the surveillance of customs in-
spection activities by persons outside the bound-
aries of ports where such surveillance activities
are occurring.
(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 bor-
der crossing.
(R) $400,000 for license plate reader auto-
matic targeting software to be installed at each
port to target inbound vehicles.
(2) UNITED STATES-CANADA BORDER.—For the
United States-Canada border, the following:
(A) $3,000,000 for 4 Vehicle and Con-
tainer 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
detectors (busters) to be distributed among
ports where the current allocations are inad-
equate.
(E) $300,000 for 25 contraband detection
kits to be distributed among ports based on
traffic volume.
(F) $240,000 for 10 portable Treasury
Enforcement Communications Systems (TECS)
terminals to be moved among ports as needed.
(G) $400,000 for 10 narcotics vapor and
particle detectors to be distributed to each bor-
der crossing based on traffic volume.
(3) FLORIDA AND GULF COAST SEAPORTS.—
For Florida and the Gulf Coast seaports, the fol-
lowing:
(A) $4,500,000 for 6 Vehicle and Con-
tainer 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
detectors (busters) to be distributed among
ports where the current allocations are inad-
equate.
(E) $300,000 for 25 contraband detection
kits to be distributed among ports based on
traffic volume.
(b) 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, $8,924,500 shall be available until ex-
pended for the maintenance and support of the equipment
and training of personnel to maintain and support the
equipment described in subsection (a).
(c) ACQUISITION OF TECHNOLOGICALLY SUPERIOR
EQUIPMENT; TRANSFER OF FUNDS.—
(1) IN GENERAL.—The Commissioner of Cus-
toms 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) can be obtained at a lower cost than
the equipment described 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
10 percent of—
(A) the amount specified in any of sub-
paragraphs
(A)
through
(R)
of
subsection
(a)(1) for equipment specified in any other of
such subparagraphs (A) through (R);
(B) the amount specified in any of sub-
paragraphs
(A)
through
(G)
of
subsection
(a)(2) for equipment specified in any other of
such subparagraphs (A) through (G); and
(C) the amount specified in any of sub-
paragraphs
(A)
through
(E)
of
subsection
(a)(3) for equipment specified in any other of
such subparagraphs (A) through (E).
SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE EN-
HANCEMENT FOR THE UNITED STATES-MEX-
ICO AND UNITED STATES-CANADA BORDERS.
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 Sim-
plification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and
(B)),
as
amended
by
section
101(a)
of
this
Act,
$127,644,584 for fiscal year 2000 and $184,110,928 for
fiscal year 2001 shall be available for the following:
(1) A net increase of 535 inspectors, 120 spe-
cial 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.
(3) A net increase of 40 inspectors at sea ports
in southeast Florida to process and screen cargo.
(4) A net increase of 300 special agents, 30 in-
telligence analysts, and additional resources to be
distributed 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.
(5) A net increase of 50 positions and addi-
tional resources to the Office of Internal Affairs to
enhance investigative resources for anticorruption ef-
forts.
(6) The costs incurred as a result of the in-
crease in personnel hired pursuant to this section.
SEC. 104. COMPLIANCE WITH PERFORMANCE PLAN RE-
QUIREMENTS.
As part of the annual performance plan for each of
the fiscal years 2000 and 2001 covering each program ac-
tivity set forth in the budget of the United States Customs
Service, as required under section 1115 of title 31, United
States Code, the Commissioner of the Customs Service
shall establish performance goals, performance indicators,
and comply with all other requirements contained in para-
graphs (1) through (6) of subsection (a) of such section
with respect to each of the activities to be carried out pur-
suant to sections 111 and 112 of this Act.
Subtitle B—Child Cyber-Smuggling
Center of the Customs Service
SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PRO-
GRAM TO PREVENT CHILD PORNOGRAPHY/
CHILD SEXUAL EXPLOITATION.
(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/child sexual exploitation es-
tablished 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
Exploited Children for the operation of the child pornog-
raphy cyber tipline of the Center and for increased public
awareness of the tipline.
Subtitle C—Personnel Provisions
CHAPTER
1—OVERTIME
AND
PREMIUM
PAY OF OFFICERS OF THE CUSTOMS
SERVICE
SEC. 121. CORRECTION RELATING TO FISCAL YEAR CAP.
Section 5(c)(1) of the Act of February 13, 1911 (19
U.S.C. 267(c)(1)) is amended to read as follows:
‘‘(1) FISCAL
YEAR
CAP.—The aggregate of
overtime pay under subsection (a) (including com-
muting compensation under subsection (a)(2)(B))
that a customs officer may be paid in any fiscal year
may not exceed $30,000, except that—
‘‘(A) the Commissioner of Customs or his
or her designee may waive this limitation in in-
dividual cases in order to prevent excessive
costs or to meet emergency requirements of the
Customs Service; and
‘‘(B) upon certification by the Commis-
sioner of Customs to the Chairmen of the Com-
mittee on Ways and Means of the House of
Representatives and the Committee on Finance
of the Senate that the Customs Service has in
operation a system that provides accurate and
reliable data on a daily basis on overtime and
premium pay that is being paid to customs offi-
cers, the Commissioner is authorized to pay any
customs officer for one work assignment that
would result in the overtime pay of that officer
exceeding the $30,000 limitation imposed by
this paragraph, in addition to any overtime pay
that may be received pursuant to a waiver
under subparagraph (A).’’.
SEC. 122. CORRECTION RELATING TO OVERTIME PAY.
Section 5(a)(1) of the Act of February 13, 1911 (19
U.S.C. 267(a)(1)), is amended by inserting after the first
sentence the following new sentences: ‘‘Overtime pay pro-
vided under this subsection shall not be paid to any cus-
toms officer unless such officer actually performed work
during the time corresponding to such overtime pay. The
preceding sentence shall not apply with respect to the pay-
ment of an award or settlement to a customs officer who
was unable to perform overtime work as a result of a per-
sonnel action in violation of section 5596 of title 5, United
States Code, section 6(d) of the Fair Labor Standards Act
of 1938, or title VII of the Civil Rights Act of 1964.’’.
SEC. 123. CORRECTION RELATING TO PREMIUM PAY.
(a) IN GENERAL.—Section 5(b)(4) of the Act of Feb-
ruary 13, 1911 (19 U.S.C. 267(b)(4)), is amended by add-
ing after the first sentence the following new sentences:
‘‘Premium pay provided under this subsection shall not
be paid to any customs officer unless such officer actually
performed work during the time corresponding to such
premium pay. The preceding sentence shall not apply with
respect to the payment of an award or settlement to a
customs officer who was unable to perform work during
the time described in the preceding sentence as a result
of a personnel action in violation of section 5596 of title
5, United States Code, section 6(d) of the Fair Labor
Standards Act of 1938, or title VII of the Civil Rights
Act of 1964.’’.
(b) CORRECTIONS RELATING TO NIGHT WORK DIF-
FERENTIAL PAY.—Section 5(b)(1) of such Act (19 U.S.C.
267(b)(1)) is amended to read as follows:
‘‘(1) NIGHT WORK DIFFERENTIAL.—
‘‘(A) 6 P.M. TO MIDNIGHT.—If any hours
of regularly scheduled work of a customs officer
occur during the hours of 6 p.m. and 12 a.m.,
the officer is entitled to pay for such hours of
work (except for work to which paragraph (2)
or (3) applies) at the officer’s hourly rate of
basic pay plus premium pay amounting to 15
percent of that basic rate.
‘‘(B) MIDNIGHT TO 6 A.M.—If any hours
of regularly scheduled work of a customs officer
occur during the hours of 12 a.m. and 6 a.m.,
the officer is entitled to pay for such hours of
work (except for work to which paragraph (2)
or (3) applies) at the officer’s hourly rate of
basic pay plus premium pay amounting to 20
percent of that basic rate.
‘‘(C) MIDNIGHT TO 8 A.M.—If the regu-
larly scheduled work of a customs officer is 12
a.m. to 8:00 a.m., the officer is entitled to pay
for work during such period (except for work to
which paragraph (2) or (3) applies) at the offi-
cer’s hourly rate of basic pay plus premium pay
amounting to 20 percent of that basic rate.’’.
SEC. 124. USE OF SAVINGS FROM PAYMENT OF OVERTIME
AND PREMIUM PAY FOR ADDITIONAL OVER-
TIME
ENFORCEMENT
ACTIVITIES
OF
THE
CUSTOMS SERVICE.
Section 5 of the Act of February 13, 1911 (19 U.S.C.
267), is amended—
(1) by redesignating subsection (e) as sub-
section (f); and
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(e) USE OF SAVINGS FROM PAYMENT OF OVERTIME
AND PREMIUM PAY
FOR ADDITIONAL OVERTIME EN-
FORCEMENT ACTIVITIES.—
‘‘(1) USE OF AMOUNTS.—For fiscal year 1999
and each subsequent fiscal year, the Secretary of the
Treasury—
‘‘(A) shall determine under paragraph (2)
the amount of savings from the payment of
overtime and premium pay to customs officers;
and
‘‘(B) shall use an amount from the Cus-
toms User Fee Account equal to such amount
determined under paragraph (2) for additional
overtime enforcement activities of the Customs
Service.
‘‘(2) DETERMINATION OF SAVINGS AMOUNT.—
For each fiscal year, the Secretary shall calculate an
amount equal to the difference between—
‘‘(A) the estimated cost for overtime and
premium pay that would have been incurred
during that fiscal year if this section, as in ef-
fect on the day before the date of the enact-
ment of sections 122 and 123 of the Trade
Agency Authorization, Drug Free Borders, and
Prevention of On-Line Child Pornography Act
of 1999, had governed such costs; and
‘‘(B) the actual cost for overtime and pre-
mium pay that is incurred during that fiscal
year under this section, as amended by sections
122 and 123 of the Trade Agency Authoriza-
tion, Drug Free Borders, and Prevention of On-
Line Child Pornography Act of 1999.’’.
SEC. 125. EFFECTIVE DATE.
This chapter, and the amendments made by this
chapter, shall apply with respect to pay periods beginning
on or after 15 days after the date of the enactment of
this Act.