[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1833 Referred in Senate (RFS)]

  1st Session
                                H. R. 1833


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 1999

     Recieved; read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Agency Authorizations, 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, 
                            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.

                 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.

    (a) Noncommercial Operations.--Section 301(b)(1) of the Customs 
Procedural Reform and Simplification 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 Commissioner 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 development and establishment of 
        the automated commercial environment computer system is being 
        carried out in a cost-effective manner and meets the 
        modernization 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 Simplification 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 Projections.--Section 301(a) of 
the Customs Procedural Reform 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 Customs 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 subsection (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 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, $90,244,000 shall be available until 
expended for acquisition and other expenses associated with 
implementation and deployment of illicit narcotics detection 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 Container 
                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 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 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 systems to 
                be distributed to those ports where port runners are a 
                threat.
                    (J) $480,000 for 20 portable Treasury Enforcement 
                Communications Systems (TECS) terminals to be moved 
                among ports as needed.
                    (K) $1,000,000 for 20 remote watch surveillance 
                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 obscured.
                    (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 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 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 border crossing.
                    (R) $400,000 for license plate reader automatic 
                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 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 detectors 
                (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 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 border crossing 
                based on traffic volume.
            (3) Florida and gulf coast seaports.--For Florida and the 
        Gulf Coast seaports, the following:
                    (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 detectors 
                (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 traffic volume.
    (b) Fiscal Year 2001.--Of the amounts made available 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 
expended 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 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 equipment 
                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 subparagraphs 
                (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 subparagraphs 
                (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 subparagraphs 
                (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 ENHANCEMENT FOR THE 
              UNITED STATES-MEXICO 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 Simplification 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 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 (including 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 intelligence 
        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 efforts against drug smuggling and money-
        laundering organizations.
            (5) A net increase of 50 positions and additional resources 
        to the Office of Internal Affairs to enhance investigative 
        resources for anticorruption efforts.
            (6) The costs incurred as a result of the increase in 
        personnel hired pursuant to this section.

SEC. 104. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

    As part of the annual performance plan for each of the fiscal years 
2000 and 2001 covering each program activity 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 paragraphs (1) through (6) of 
subsection (a) of such section with respect to each of the activities 
to be carried out pursuant to sections 111 and 112 of this Act.

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

SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM 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 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 subsection (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 pornography 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 commuting 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 individual cases 
                in order to prevent excessive costs or to meet 
                emergency requirements of the Customs Service; and
                    ``(B) upon certification by the Commissioner of 
                Customs to the Chairmen of the Committee 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 officers, 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 provided under this subsection 
shall not be paid to any customs 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 payment of an 
award or settlement to a customs officer who was unable to perform 
overtime work 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.''.

SEC. 123. CORRECTION RELATING TO PREMIUM PAY.

    (a) In General.--Section 5(b)(4) of the Act of February 13, 1911 
(19 U.S.C. 267(b)(4)), is amended by adding 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 Differential 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 regularly 
                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 officer'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 OVERTIME 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 subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Use of Savings From Payment of Overtime and Premium Pay for 
Additional Overtime Enforcement 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 Customs 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 effect on the day before 
                the date of the enactment 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 premium pay 
                that is incurred during that fiscal year under this 
                section, as amended by sections 122 and 123 of the 
                Trade Agency Authorization, 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.

                  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 Customs Service, including an 
overview of performance standards 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 Customs 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 REPRESENTATIVE

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 inserting ``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 Projections.--Section 141(g) of 
the Trade Act of 1974 (19 U.S.C. 2171(g)) 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 United States Trade Representative 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 Office to 
carry out its functions.''.

        TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION

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 Projections.--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.''.

            Passed the House of Representatives May 25, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.