[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3809 Referred in Senate (RFS)]

  2d Session
                                H. R. 3809


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 1998

     Received; read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for the United States Customs Service for 
               drug interdiction, 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 ``Drug Free Borders Act of 1998''.

  TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES CUSTOMS 
            SERVICE FOR DRUG INTERDICTION AND OTHER PURPOSES

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) $964,587,584 for fiscal year 1999.
                    ``(B) $1,072,928,328 for fiscal year 2000.''.
    (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) $970,838,000 for fiscal year 1999.
                    ``(ii) $999,963,000 for fiscal year 2000.''.
    (c) Air 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) $98,488,000 for fiscal year 1999.
                    ``(B) $101,443,000 for fiscal year 2000.''.
    (d) Submission of Out-Year Budget Projections.--Section 301(a) of 
such Act (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. NARCOTICS DETECTION EQUIPMENT FOR THE UNITED STATES-MEXICO 
              BORDER, UNITED STATES-CANADA BORDER, AND FLORIDA AND THE 
              GULF COAST SEAPORTS.

    (a) Fiscal Year 1999.--Of the amounts made available for fiscal 
year 1999 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 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) $11,000,000 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:
                    (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 2000.--Of the amounts made available for fiscal 
year 2000 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 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 1999 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 1999 and 2000 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, 
$117,644,584 for fiscal year 1999 and $184,110,928 for fiscal year 2000 
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 
1999 and 2000 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 102 and 103 of this Act.

  TITLE II--OVERTIME AND PREMIUM PAY OF OFFICERS OF THE UNITED STATES 
               CUSTOMS SERVICE; MISCELLANEOUS PROVISIONS

  Subtitle A--Overtime Pay and Premium Pay of Officers of the United 
                         States Customs Service

SEC. 201. 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. 202. 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 sentence: ``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.''.

SEC. 203. 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 sentence: ``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.''.
    (b) Corrections to Night Work Differential Provisions.--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 assignment 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. 204. 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 202 and 203 of 
                the Drug Free Borders Act of 1998, 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 202 and 203 of the Drug 
                Free Borders Act of 1998.''.

SEC. 205. EFFECTIVE DATE.

    This subtitle, and the amendments made by this subtitle, shall 
apply with respect to pay periods beginning on or after 15 days after 
the date of the enactment of this Act.

                  Subtitle B--MISCELLANEOUS PROVISIONS

SEC. 211. ROTATION OF DUTY STATIONS AND TEMPORARY DUTY ASSIGNMENTS OF 
              OFFICERS OF THE UNITED STATES CUSTOMS SERVICE TO PROMOTE 
              INTEGRITY.

    (a) In General.--Section 5 of the Act of February 13, 1911 (19 
U.S.C. 267), as amended by this Act, is further amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Rotation of Duty Stations and Temporary Duty Assignments of 
Customs Officers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, bargaining agreement, or Executive order, in order to 
        ensure the integrity of the United States Customs Service, the 
        Secretary of the Treasury--
                    ``(A) may transfer up to 5 percent of the customs 
                officers employed as of the beginning of each fiscal 
                year to new duty stations in that fiscal year on a 
                permanent basis; and
                    ``(B) may transfer customs officers to temporary 
                duty assignments for not more than 90 days.
            ``(2) Voluntary and other transfers.--A transfer of a 
        customs officer to a new duty station or a temporary duty 
        assignment under paragraph (1) is in addition to any voluntary 
        transfer or transfer for other reasons.
            ``(3) Additional requirement.--The requirements of this 
        subsection, including any regulations established by the 
        Secretary to carry out this subsection, are not subject to 
        collective bargaining.
            ``(4) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated for fiscal year 2000 $25,000,000 to carry 
                out this subsection.
                    ``(B) Availability of amounts.--Amounts authorized 
                to be appropriated under subparagraph (A) are 
                authorized to remain available until expended.
            ``(5) Rule of construction.--The authority provided by this 
        subsection may be exercised only to the extent that in the 
        applicable appropriations Act (or in the committee report or 
        joint statement of managers to such Act) an account is 
        specifically established for the authority provided by this 
        subsection.''.
    (b) Effective Date.--Section 5(f) of the Act of February 13, 1911, 
as added by subsection (a), shall take effect on October 1, 1999.

SEC. 212. EFFECT OF COLLECTIVE BARGAINING AGREEMENTS ON ABILITY OF 
              UNITED STATES CUSTOMS SERVICE TO INTERDICT CONTRABAND.

    Section 5 of the Act of February 13, 1911 (19 U.S.C. 267), as 
amended by this Act, is further amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Effect of Collective Bargaining Agreements on Ability of 
Customs Service To Interdict Contraband.--
            ``(1) Sense of the congress.--It is the sense of the 
        Congress that collective bargaining agreements should not have 
        any adverse impact on the ability of the United States Customs 
        Service to interdict contraband, including controlled 
        substances.
            ``(2) Provisions causing adverse impact to interdict 
        contraband.--
                    ``(A) Requirement to meet.--If the Commissioner of 
                the Customs Service determines that any collective 
                bargaining agreement with the recognized bargaining 
                representative of its employees has an adverse impact 
                upon the interdiction of contraband, including 
                controlled substances, the parties shall meet to 
                eliminate the provision causing the adverse impact from 
                the agreement.
                    ``(B) Failure to reach agreement.--If the parties 
                do not reach agreement within 90 days of the date that 
                the Commissioner of Customs made the determination of 
                adverse impact, the negotiations shall be considered at 
                impasse and the Commissioner of Customs may immediately 
                implement the last offer of the Customs Service. Such 
                implementation shall not result in an unfair labor 
                practice or, except as may be provided under the 
                following sentence, the imposition of any status quo 
                ante remedy against the Customs Service. Either party 
                may then pursue the impasse to the Federal Service 
                Impasses Panel pursuant to section 7119(c) of title 5, 
                United States Code, for ultimate resolution.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph shall be construed to limit the authority of 
                the Commissioner of Customs to implement immediately 
                any proposed changes without waiting 90 days, if 
                exigent circumstances warrant such immediate 
                implementation, or if an impasse is reached in less 
                than 90 days.''.

            Passed the House of Representatives May 19, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.