[Congressional Record (Bound Edition), Volume 145 (1999), Part 14]
[Senate]
[Pages 20017-20020]
[From the U.S. Government Publishing Office, www.gpo.gov]



 TRADE AGENCY AUTHORIZATIONS, DRUG FREE BORDERS, AND PREVENTION OF ON-
                   LINE CHILD PORNOGRAPHY ACT OF 1999

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 218, H.R. 1833.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 1833) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Finance, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     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 
              pornography 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 APPROPRIATIONS FOR UNITED STATES CUSTOMS 
     SERVICE FOR ENHANCED INSPECTION, TRADE FACILITATION, AND DRUG 
                              INTERDICTION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Drug Enforcement and Other Noncommercial Operations.--
     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)) 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 adding at the end 
     the following:

[[Page 20018]]

       ``(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 Commissioner of Customs 
     shall submit to the Committee on Appropriations and the 
     Committee on Ways and Means of the House of Representatives 
     and the Committee on Appropriations and the Committee on 
     Finance 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 Modernizing Customs 
     Service Computer Systems.--
       (1) Establishment of automation modernization working 
     capital fund.--There is established 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 appropriated 
     under paragraph (2) and shall be used to implement a program 
     for modernizing the Customs Service computer systems, to 
     maintain the existing computer systems until a modernized 
     computer system 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 Customs shall, not later 
     than March 31 and September 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 Committee 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 investments 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 
     modernization 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 resource allocations for 
     implementing the modernization of the Customs Service 
     computer 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 results of the audit to the Commissioner of Customs, to 
     the Committee on Appropriations and the Committee on Ways and 
     Means of the House of Representatives, and to the Committee 
     on Appropriations and the Committee on Finance of the Senate.

     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.

       (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, 
     $116,436,000 shall be available until expended for 
     acquisition and other expenses associated with implementation 
     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 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.
       (S) $1,000,000 for a demonstration site for a high-energy 
     relocatable rail car inspection system 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 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.
       (H) $600,000 for 30 fiber optic scopes.
       (I) $250,000 for 50 portable contraband detectors (busters) 
     to be distributed among ports where the current allocations 
     are inadequate.
       (J) $3,000,000 for 10 x-ray vans with particle 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 sensors.
       (Q) $480,000 for 20 portable Treasury Enforcement 
     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 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.
       (4) Internal management improvements.--For internal 
     management improvements, the following 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 resources information 
     system to improve personnel management.
       (E) $2,700,000 for new data management systems for improved 
     performance analysis, internal and external reporting, and 
     data analysis.
       (F) $1,700,000 for automation of the collection of key 
     export data as part of the implementation 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 Simplification 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 enforcement.
       (c) 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, 
     $9,923,500 shall be available for the maintenance and support 
     of the equipment and training of personnel 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 equipment described in 
     subsection (a); or

[[Page 20019]]

       (B) is technologically equivalent to the equipment 
     described in subsection (a) and 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 25 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 (Q) of subsection (a)(2) for equipment specified in 
     any other of such subparagraphs (A) through (Q); 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, 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 (including 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 positions, 
     and the necessary equipment to enhance investigation efforts 
     targeted at internal conspiracies at the Nation's seaports.
       (6) A net increase of 360 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.
       (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 subsection (a) by not more 
     than 25 percent, if the Commissioner 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 
     increase'' 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 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, $16,000,000 for fiscal year 2000 (including $10,000,000 
     until expended) and $6,000,000 for fiscal year 2001 shall be 
     available to--
       (1) provide additional funding to clear the backlog of 
     existing background investigations and to provide for 
     background investigations during extraordinary recruitment 
     activities of the agency; and
       (2) provide for the interoffice transfer of up to 100 
     special agents, including costs related to relocations, 
     between the Office of Investigations and Office of Internal 
     Affairs, at the discretion of the Commissioner of Customs.

     SEC. 105. AIR AND MARINE OPERATION AND MAINTENANCE FUNDING.

       (a) Fiscal Year 2000.--Of the amounts made available 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 restoration 
     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 available 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 restoration 
     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 REQUIREMENTS.

       (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 Commissioner of 
     Customs shall evaluate the benefits of the activities 
     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 additional measures that would 
     improve the enforcement strategy and activities of the 
     Customs Service.
       (c) Report to Congress.--The Commissioner of Customs shall 
     submit any assessment, review, or report provided 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 operated 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 necessary to permit 
     the operation and maintenance of the aerostat 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 Committee 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 information-
     gathering capabilities and needs of the Customs Service;
       (2) the impact of any limitations on the intelligence and 
     information gathering capabilities necessary 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 recommendations 
     for improving the agency's capabilities.

     SEC. 109. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM 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 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.
                      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 Customs 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 inserting ``(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 management.''; and
       (C) by adding at the end the following:
       ``(b) Vacancy.--Any individual appointed to fill a vacancy 
     in the position of Commissioner

[[Page 20020]]

     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 Customs 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 entitled ``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 following 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 Program.--The 
     Commissioner of Customs shall--
       (1) establish, within the Office of Internal Affairs, a 
     program of internal compliance designed to enhance the 
     performance of the basic mission of the Customs Service to 
     ensure compliance with all applicable laws and, in 
     particular, with the implementation 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-assessment and 
     conduct a review on an annual basis of the performance of all 
     core functions of the Customs Service;
       (3) identify deficiencies in the current performance of the 
     Customs Service with respect to commercial operations, 
     enforcement, and internal management and propose specific 
     corrective measures to address such concerns; and
       (4) within 6 months of the date of enactment of this Act, 
     and annually thereafter, provide the Committee 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 development 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 Committee on 
     Finance of the Senate and the Committee on Government 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 subsection (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 Customs 
     Service to fulfill its mission. The report shall also include 
     an analysis of why the flexibility provided under existing 
     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 
     development in the Customs Service.

     SEC. 205. REPORT ON DETECTION AND MONITORING REQUIREMENTS 
                   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 Representatives 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 reliance on 
     detection and monitoring equipment, technology, 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 paragraph:
       ``(2) Civil penalties.--Any person who defaces, destroys, 
     removes, alters, covers, obscures, or obliterates 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).''.

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to, the bill be read a third time and 
passed, the title amendment be agreed to, the motion to reconsider be 
laid upon table, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The bill (H.R. 1833), as amended, was passed.
  The title was amended so as to read: ``An Act to authorize 
appropriations for the United States Customs Service, and for other 
purposes.''

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