[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[Senate]
[Pages S12056-S12059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     DRUG FREE BORDERS ACT OF 1998

  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 681, H.R. 3809.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 3809) to authorize appropriations for the 
     United States Customs Service for fiscal years 1999 and 2000, 
     and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  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 ``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:

[[Page S12057]]

       ``(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.

[[Page S12058]]

       (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.

  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the 
substitute amendment be agreed to, the bill be read the third time and 
passed, the motion to reconsider be laid upon the table, the title 
amendment to be

[[Page S12059]]

agreed to, the title, as amended, be agreed to, and that any statements 
relating to the bill appear in the Record.
  The committee amendment was agreed to.
  The bill (H.R. 3809), as amended, was read the third time, and 
passed.
  The title amendment was agreed to.
  The title was amended so as to read:
  ``An Act to authorize appropriations for the United States Customs 
Service for fiscal years 2000 and 2001.''

                          ____________________