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





                                                       Calendar No. 681

105th CONGRESS

  2d Session

                               H. R. 3809

                          [Report No. 105-359]

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for the United States Customs Service for 
          fiscal years 1999 and 2000, and for other purposes.

_______________________________________________________________________

            October 1 (legislative day, September 29), 1998

                       Reported with an amendment
                                                       Calendar No. 681
105th CONGRESS
  2d Session
                                H.R. 3809

                          [Report No. 105-359]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 1998

     Received; read twice and referred to the Committee on Finance

             October 1 (legislative day, September 29), 1998

                Reported by Mr. Roth, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for the United States Customs Service for 
          fiscal years 1999 and 2000, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Drug Free Borders Act of 
1998''.</DELETED>

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

<DELETED>SEC. 101. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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:</DELETED>
                <DELETED>    ``(A) $964,587,584 for fiscal year 
                1999.</DELETED>
                <DELETED>    ``(B) $1,072,928,328 for fiscal year 
                2000.''.</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(i) $970,838,000 for fiscal year 
                1999.</DELETED>
                <DELETED>    ``(ii) $999,963,000 for fiscal year 
                2000.''.</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(A) $98,488,000 for fiscal year 
                1999.</DELETED>
                <DELETED>    ``(B) $101,443,000 for fiscal year 
                2000.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 102. NARCOTICS DETECTION EQUIPMENT FOR THE UNITED STATES-
              MEXICO BORDER, UNITED STATES-CANADA BORDER, AND FLORIDA 
              AND THE GULF COAST SEAPORTS.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (1) United states-mexico border.--For the United 
        States-Mexico border, the following:</DELETED>
                <DELETED>    (A) $6,000,000 for 8 Vehicle and Container 
                Inspection Systems (VACIS).</DELETED>
                <DELETED>    (B) $11,000,000 for 5 mobile truck x-rays 
                with transmission and backscatter imaging.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (D) $7,200,000 for 8 1-MeV pallet x-
                rays.</DELETED>
                <DELETED>    (E) $1,000,000 for 200 portable contraband 
                detectors (busters) to be distributed among ports where 
                the current allocations are inadequate.</DELETED>
                <DELETED>    (F) $600,000 for 50 contraband detection 
                kits to be distributed among all southwest border ports 
                based on traffic volume.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (H) $2,450,000 for 7 automated targeting 
                systems.</DELETED>
                <DELETED>    (I) $360,000 for 30 rapid tire deflator 
                systems to be distributed to those ports where port 
                runners are a threat.</DELETED>
                <DELETED>    (J) $480,000 for 20 portable Treasury 
                Enforcement Communications Systems (TECS) terminals to 
                be moved among ports as needed.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (L) $1,254,000 for 57 weigh-in-motion 
                sensors to be distributed among the ports with the 
                greatest volume of outbound traffic.</DELETED>
                <DELETED>    (M) $180,000 for 36 AM traffic information 
                radio stations, with 1 station to be located at each 
                border crossing.</DELETED>
                <DELETED>    (N) $1,040,000 for 260 inbound vehicle 
                counters to be installed at every inbound vehicle 
                lane.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (P) $390,000 for 60 inbound commercial 
                truck transponders to be distributed to all ports of 
                entry.</DELETED>
                <DELETED>    (Q) $1,600,000 for 40 narcotics vapor and 
                particle detectors to be distributed to each border 
                crossing.</DELETED>
                <DELETED>    (R) $400,000 for license plate reader 
                automatic targeting software to be installed at each 
                port to target inbound vehicles.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) United states-canada border.--For the United 
        States-Canada border, the following:</DELETED>
                <DELETED>    (A) $3,000,000 for 4 Vehicle and Container 
                Inspection Systems (VACIS).</DELETED>
                <DELETED>    (B) $8,800,000 for 4 mobile truck x-rays 
                with transmission and backscatter imaging.</DELETED>
                <DELETED>    (C) $3,600,000 for 4 1-MeV pallet x-
                rays.</DELETED>
                <DELETED>    (D) $250,000 for 50 portable contraband 
                detectors (busters) to be distributed among ports where 
                the current allocations are inadequate.</DELETED>
                <DELETED>    (E) $300,000 for 25 contraband detection 
                kits to be distributed among ports based on traffic 
                volume.</DELETED>
                <DELETED>    (F) $240,000 for 10 portable Treasury 
                Enforcement Communications Systems (TECS) terminals to 
                be moved among ports as needed.</DELETED>
                <DELETED>    (G) $400,000 for 10 narcotics vapor and 
                particle detectors to be distributed to each border 
                crossing based on traffic volume.</DELETED>
        <DELETED>    (3) Florida and gulf coast seaports.--For Florida 
        and the Gulf Coast seaports, the following:</DELETED>
                <DELETED>    (A) $4,500,000 for 6 Vehicle and Container 
                Inspection Systems (VACIS).</DELETED>
                <DELETED>    (B) $11,800,000 for 5 mobile truck x-rays 
                with transmission and backscatter imaging.</DELETED>
                <DELETED>    (C) $7,200,000 for 8 1-MeV pallet x-
                rays.</DELETED>
                <DELETED>    (D) $250,000 for 50 portable contraband 
                detectors (busters) to be distributed among ports where 
                the current allocations are inadequate.</DELETED>
                <DELETED>    (E) $300,000 for 25 contraband detection 
                kits to be distributed among ports based on traffic 
                volume.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (c) Acquisition of Technologically Superior Equipment; 
Transfer of Funds.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A)(i) is technologically superior to the 
                equipment described in subsection (a); and</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) can be obtained at a lower cost than 
                the equipment described in subsection (a).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>

<DELETED>SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT 
              FOR THE UNITED STATES-MEXICO AND UNITED STATES-CANADA 
              BORDERS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) A net increase of 40 inspectors at sea ports 
        in southeast Florida to process and screen cargo.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) A net increase of 50 positions and additional 
        resources to the Office of Internal Affairs to enhance 
        investigative resources for anticorruption efforts.</DELETED>
        <DELETED>    (6) The costs incurred as a result of the increase 
        in personnel hired pursuant to this section.</DELETED>

<DELETED>SEC. 104. COMPLIANCE WITH PERFORMANCE PLAN 
              REQUIREMENTS.</DELETED>

<DELETED>    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.</DELETED>

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

 <DELETED>Subtitle A--Overtime Pay and Premium Pay of Officers of the 
                United States Customs Service</DELETED>

<DELETED>SEC. 201. CORRECTION RELATING TO FISCAL YEAR CAP.</DELETED>

<DELETED>    Section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
267(c)(1)) is amended to read as follows:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 202. CORRECTION RELATING TO OVERTIME PAY.</DELETED>

<DELETED>    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.''.</DELETED>

<DELETED>SEC. 203. CORRECTION RELATING TO PREMIUM PAY.</DELETED>

<DELETED>    (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.''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(1) Night work differential.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 204. USE OF SAVINGS FROM PAYMENT OF OVERTIME AND PREMIUM 
              PAY FOR ADDITIONAL OVERTIME ENFORCEMENT ACTIVITIES OF THE 
              CUSTOMS SERVICE.</DELETED>

<DELETED>    Section 5 of the Act of February 13, 1911 (19 U.S.C. 267), 
is amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (e) as subsection 
        (f); and</DELETED>
        <DELETED>    (2) by inserting after subsection (d) the 
        following:</DELETED>
<DELETED>    ``(e) Use of Savings From Payment of Overtime and Premium 
Pay for Additional Overtime Enforcement Activities.--</DELETED>
        <DELETED>    ``(1) Use of amounts.--For fiscal year 1999 and 
        each subsequent fiscal year, the Secretary of the Treasury--
        </DELETED>
                <DELETED>    ``(A) shall determine under paragraph (2) 
                the amount of savings from the payment of overtime and 
                premium pay to customs officers; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Determination of savings amount.--For each 
        fiscal year, the Secretary shall calculate an amount equal to 
        the difference between--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 205. EFFECTIVE DATE.</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Subtitle B--MISCELLANEOUS PROVISIONS</DELETED>

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

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by redesignating subsection (f) as subsection 
        (g); and</DELETED>
        <DELETED>    (2) by inserting after subsection (e) the 
        following:</DELETED>
<DELETED>    ``(f) Rotation of Duty Stations and Temporary Duty 
Assignments of Customs Officers.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) may transfer customs officers to 
                temporary duty assignments for not more than 90 
                days.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Authorization of appropriations.--</DELETED>
                <DELETED>    ``(A) In general.--There are authorized to 
                be appropriated for fiscal year 2000 $25,000,000 to 
                carry out this subsection.</DELETED>
                <DELETED>    ``(B) Availability of amounts.--Amounts 
                authorized to be appropriated under subparagraph (A) 
                are authorized to remain available until 
                expended.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    Section 5 of the Act of February 13, 1911 (19 U.S.C. 267), 
as amended by this Act, is further amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (g) as subsection 
        (h); and</DELETED>
        <DELETED>    (2) by inserting after subsection (f) the 
        following:</DELETED>
<DELETED>    ``(g) Effect of Collective Bargaining Agreements on 
Ability of Customs Service To Interdict Contraband.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Provisions causing adverse impact to 
        interdict contraband.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

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 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) $997,300,584 for fiscal year 2000.
                    ``(B) $1,100,818,328 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) $990,030,000 for fiscal year 2000.
                    ``(ii) $1,009,312,000 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 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. CARGO INSPECTION AND NARCOTICS DETECTION EQUIPMENT FOR THE 
              UNITED STATES-MEXICO BORDER, UNITED STATES-CANADA BORDER, 
              AND FLORIDA AND 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, $100,036,000 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.
                    (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:
                    (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, $9,923,500 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 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 (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.

    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, 
$159,557,000, including $5,673,600, until expended, for investigative 
equipment, for fiscal year 2000 and $220,351,000 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 inspectors at sea ports in 
        southeast Florida to process and screen cargo.
            (4) A net increase of 70 special agent positions, 23 
        intelligence analyst positions, 9 support staff, and the 
        necessary equipment to enhance investigation efforts targeted 
        at internal conspiracies at the Nation's seaports.
            (5) 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.
            (6) A net increase of 2 special agent positions to re-
        establish a Customs Attache office in Nassau.
            (7) A net increase of 62 special agent positions and 8 
        intelligence analyst positions for maritime smuggling 
        investigations and interdiction operations.
            (8) A net increase of 50 positions and additional resources 
        to the Office of Internal Affairs to enhance investigative 
        resources for anticorruption efforts.
            (9) The costs incurred as a result of the increase in 
        personnel hired pursuant to this section.

SEC. 104. 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 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. 105. 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 Customs shall 
establish performance goals and 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.

SEC. 106. COMMISSIONER OF CUSTOMS SALARY.

    (a) In General.--
            (1) Section 5315 of title 5, United States Code, is amended 
        by striking the following item:
            ``Commissioner of Customs, Department of Treasury.''.
            (2) Section 5314 of title 5, United States Code, is amended 
        by inserting the following item:
            ``Commissioner of Customs, Department of Treasury.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to fiscal year 1999 and thereafter.

SEC. 107. PASSENGER PRECLEARANCE SERVICES.

    (a) Continuation of Preclearance Services.--Notwithstanding section 
13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985 
(19 U.S.C. 58c(f)) or any other provision of law, the Customs Service 
shall, without regard to whether a passenger processing fee is 
collected from a person departing for the United States from Canada and 
without regard to whether funds are appropriated pursuant to subsection 
(b), provide the same level of enhanced preclearance customs services 
for passengers arriving in the United States aboard commercial aircraft 
originating in Canada as the Customs Service provided for such 
passengers during fiscal year 1997.
    (b) Authorization of Appropriations for Preclearance Services.--
Notwithstanding section 13031(f) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) or any other provision of 
law, there are authorized to be appropriated, from the date of 
enactment of this Act through September 30, 2001, such sums as may be 
necessary for the Customs Service to ensure that it will continue to 
provide the same, and where necessary increased, levels of enhanced 
preclearance customs services as the Customs Service provided during 
fiscal year 1997, in connection with the arrival in the United States 
of passengers aboard commercial aircraft whose flights originated in 
Canada.

                  TITLE II--CUSTOMS PERFORMANCE REPORT

SEC. 201. CUSTOMS PERFORMANCE REPORT.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, the Commissioner of Customs shall prepare and 
submit to the appropriate committees the report described in subsection 
(b).
    (b) Report Described.--The report described in this subsection 
shall include the following:
            (1) Identification of objectives; establishment of 
        priorities.--
                    (A) An outline of the means the Customs Service 
                intends to use to identify enforcement priorities and 
                trade facilitation objectives.
                    (B) The reasons for selecting the objectives 
                contained in the most recent plan submitted by the 
                Customs Service pursuant to section 1115 of title 31, 
                United States Code.
                    (C) The performance standards against which the 
                appropriate committees can assess the efforts of the 
                Customs Service in reaching the goals outlined in the 
                plan described in subparagraph (B).
            (2) Implementation of the Customs Modernization Act.--
                    (A) A review of the Customs Service's 
                implementation of title VI of the North American Free 
                Trade Agreement Implementation Act, commonly known as 
                the ``Customs Modernization Act'', and the reasons why 
                elements of that Act, if any, have not been 
                implemented.
                    (B) A review of the effectiveness of the informed 
                compliance strategy in obtaining higher levels of 
                compliance, particularly compliance by those industries 
                that have been the focus of the most intense efforts by 
                the Customs Service to ensure compliance with the 
                Customs Modernization Act.
                    (C) A summary of the results of the reviews of the 
                initial industry-wide compliance assessments conducted 
                by the Customs Service as part of the agency's informed 
                compliance initiative.
            (3) Improvement of commercial operations.--
                    (A) Identification of standards to be used in 
                assessing the performance and efficiency of the 
                commercial operations of the Customs Service, including 
                entry and inspection procedures, classification, 
                valuation, country-of-origin determinations, and duty 
                drawback determinations.
                    (B) Proposals for--
                            (i) improving the performance of the 
                        commercial operations of the Customs Service, 
                        particularly the functions described in 
                        subparagraph (A), and
                            (ii) eliminating lengthy delays in 
                        obtaining rulings and other forms of guidance 
                        on United States customs law, regulations, 
                        procedures, or policies.
                    (C) Alternative strategies for ensuring that United 
                States importers, exporters, customs brokers, and other 
                members of the trade community have the information 
                necessary to comply with the customs laws of the United 
                States and to conduct their business operations 
                accordingly.
            (4) Review of enforcement responsibilities.--
                    (A) A review of the enforcement responsibilities of 
                the Customs Service.
                    (B) An assessment of the degree to which the 
                current functions of the Customs Service overlap with 
                the functions of other agencies and an identification 
                of ways in which the Customs Service can avoid 
                duplication of effort.
                    (C) A description of the methods used to ensure 
                against misuse of personal search authority with 
                respect to persons entering the United States at 
                authorized ports of entry.
            (5) Strategy for comprehensive drug interdiction.--
                    (A) A comprehensive strategy for the Customs 
                Service's role in United States drug interdiction 
                efforts.
                    (B) Identification of the respective roles of 
                cooperating agencies, such as the Drug Enforcement 
                Administration, the Federal Bureau of Investigation, 
                the Coast Guard, and the intelligence community, 
                including--
                            (i) identification of the functions that 
                        can best be performed by the Customs Service 
                        and the functions that can best be performed by 
                        agencies other than the Customs Service; and
                            (ii) a description of how the Customs 
                        Service plans to allocate the additional drug 
                        interdiction resources authorized by the Drug 
                        Free Borders Act of 1998.
            (6) Enhancement of cooperation with the trade community.--
                    (A) Identification of ways to expand cooperation 
                with United States importers and customs brokers, 
                United States and foreign carriers, and other members 
                of the international trade and transportation 
                communities to improve the detection of contraband 
                before it leaves a foreign port destined for the United 
                States.
                    (B) Identification of ways to enhance the flow of 
                information between the Customs Service and industry in 
                order to--
                            (i) achieve greater awareness of potential 
                        compliance threats;
                            (ii) improve the design and efficiency of 
                        the commercial operations of the Customs 
                        Service;
                            (iii) foster account-based management;
                            (iv) eliminate unnecessary and burdensome 
                        regulations; and
                            (v) establish standards for industry 
                        compliance with customs laws.
            (7) Allocation of resources.--
                    (A) An outline of the basis for the current 
                allocation of inspection and investigative personnel by 
                the Customs Service.
                    (B) Identification of the steps to be taken to 
                ensure that the Customs Service can detect any 
                misallocation of the resources described in 
                subparagraph (A) among various ports and a description 
                of what means the Customs Service has for reallocating 
                resources within the agency to meet particular 
                enforcement demands or commercial operations needs.
            (8) Automation and information technology.--
                    (A) Identification of the automation needs of the 
                Customs Service and an explanation of the current state 
                of the Automated Commercial System and the status of 
                implementing a replacement for that system.
                    (B) A comprehensive strategy for reaching the 
                technology goals of the Customs Service, including--
                            (i) an explanation of the proposed 
                        architecture of any replacement for the 
                        Automated Commercial System and how the 
                        architecture of the proposed replacement system 
                        best serves the core functions of the Customs 
                        Service;
                            (ii) identification of public and private 
                        sector automation projects that are comparable 
                        and that can be used as a benchmark against 
                        which to judge the progress of the Customs 
                        Service in meeting its technology goals;
                            (iii) an estimate of the total cost for 
                        each automation project currently underway at 
                        the Customs Service and a timetable for the 
                        implementation of each project; and
                            (iv) a summary of the options for financing 
                        each automation project.
            (9) Personnel policies.--
                    (A) An overview of current personnel practices, 
                including a description of--
                            (i) performance standards;
                            (ii) the criteria for promotion and 
                        termination;
                            (iii) the process for investigating 
                        complaints of bias and sexual harassment;
                            (iv) the criteria used for conducting 
                        internal investigations;
                            (v) the protection, if any, that is 
                        provided for whistleblowers; and
                            (vi) the methods used to discover and 
                        eliminate corruption within the Customs 
                        Service.
                    (B) Identification of workforce needs for the 
                future and training needed to ensure Customs Service 
                personnel stay abreast of developments in international 
                business operations and international trade that affect 
                the operations of the Customs Service, including 
                identification of any situations in which current 
                personnel policies or practices may impede achievement 
                of the goals of the Customs Service with respect to 
                both enforcement and commercial operations.
    (c) Appropriate Committees.--For purposes of this section, the term 
``appropriate committees'' means the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Representatives.
    Amend the title so as to read: ``An Act to authorize appropriations 
for the United States Customs Service for fiscal years 2000 and 
2001.''.