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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 regu-
larly scheduled work assignment of a customs
officer is 12 a.m. to 8:00 a.m., the officer is en-
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titled to pay for work during such period (ex-
cept for work to which paragraph (2) or (3) ap-
plies) 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 OVER-
TIME 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 sub-
section (f); and
(2) by inserting after subsection (d) the follow-
ing:
‘‘(e) USE OF SAVINGS FROM PAYMENT OF OVERTIME
AND PREMIUM PAY
FOR ADDITIONAL OVERTIME EN-
FORCEMENT 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
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‘‘(B) shall use an amount from the Cus-
toms 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 ef-
fect on the day before the date of the enact-
ment 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 pre-
mium 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 sub-
title, shall apply with respect to pay periods beginning on
or after 15 days after the date of the enactment of this
Act.
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Subtitle B—MISCELLANEOUS
PROVISIONS
SEC. 211. ROTATION OF DUTY STATIONS AND TEMPORARY
DUTY ASSIGNMENTS OF OFFICERS OF THE
UNITED STATES CUSTOMS SERVICE TO PRO-
MOTE INTEGRITY.
(a) IN GENERAL.—Section 5 of the Act of February
13, 1911 (19 U.S.C. 267), as amended by this Act, is fur-
ther amended—
(1) by redesignating subsection (f) as sub-
section (g); and
(2) by inserting after subsection (e) the follow-
ing:
‘‘(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 Treas-
ury—
‘‘(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
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‘‘(B) may transfer customs officers to tem-
porary 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 trans-
fer for other reasons.
‘‘(3) ADDITIONAL
REQUIREMENT.—The re-
quirements of this subsection, including any regula-
tions 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 es-
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tablished for the authority provided by this sub-
section.’’.
(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 AGREE-
MENTS ON ABILITY OF UNITED STATES CUS-
TOMS 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 sub-
section (h); and
(2) by inserting after subsection (f) the follow-
ing:
‘‘(g) EFFECT OF COLLECTIVE BARGAINING AGREE-
MENTS ON ABILITY OF CUSTOMS SERVICE TO INTERDICT
CONTRABAND.—
‘‘(1) SENSE OF THE CONGRESS.—It is the sense
of the Congress that collective bargaining agree-
ments should not have any adverse impact on the
ability of the United States Customs Service to
interdict contraband, including controlled sub-
stances.
‘‘(2) PROVISIONS CAUSING ADVERSE IMPACT TO
INTERDICT CONTRABAND.—
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‘‘(A) REQUIREMENT
TO
MEET.—If the
Commissioner of the Customs Service deter-
mines 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 Cus-
toms made the determination of adverse impact,
the negotiations shall be considered at impasse
and the Commissioner of Customs may imme-
diately 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 im-
position of any status quo ante remedy against
the Customs Service. Either party may then
pursue the impasse to the Federal Service Im-
passes Panel pursuant to section 7119(c) of
title 5, United States Code, for ultimate resolu-
tion.
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‘‘(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 cir-
cumstances warrant such immediate implemen-
tation, or if an impasse is reached in less than
90 days.’’.
Passed the House of Representatives May 19, 1998.
Attest:
ROBIN H. CARLE,
Clerk.