IIA
105TH CONGRESS
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 Representa-
tives of the United States of America in Congress assembled,
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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 INTER-
DICTION AND OTHER PUR-
POSES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) DRUG ENFORCEMENT AND OTHER NONCOMMER-
CIAL OPERATIONS.—Subparagraphs (A) and (B) of sec-
tion 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:
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‘‘(A) $98,488,000 for fiscal year 1999.
‘‘(B) $101,443,000 for fiscal year 2000.’’.
(d) SUBMISSION OF OUT-YEAR BUDGET PROJEC-
TIONS.—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 Cus-
toms 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 sub-
section (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 avail-
able 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 detec-
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tion 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 Con-
tainer 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 contra-
band 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 bor-
der 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.
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(H) $2,450,000 for 7 automated targeting
systems.
(I) $360,000 for 30 rapid tire deflator sys-
tems to be distributed to those ports where port
runners are a threat.
(J) $480,000 for 20 portable Treasury En-
forcement Communications Systems (TECS)
terminals to be moved among ports as needed.
(K) $1,000,000 for 20 remote watch sur-
veillance camera systems at ports where there
are suspicious activities at loading docks, vehi-
cle queues, secondary inspection lanes, or areas
where visual surveillance or observation is ob-
scured.
(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 informa-
tion 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 sys-
tems to counter the surveillance of customs in-
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spection activities by persons outside the bound-
aries 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 bor-
der crossing.
(R) $400,000 for license plate reader auto-
matic 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 test-
ing period.
(2) UNITED STATES-CANADA BORDER.—For the
United States-Canada border, the following:
(A) $3,000,000 for 4 Vehicle and Con-
tainer Inspection Systems (VACIS).
(B) $8,800,000 for 4 mobile truck x-rays
with transmission and backscatter imaging.
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(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 inad-
equate.
(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 bor-
der crossing based on traffic volume.
(3) FLORIDA AND GULF COAST SEAPORTS.—
For Florida and the Gulf Coast seaports, the follow-
ing:
(A) $4,500,000 for 6 Vehicle and Con-
tainer 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
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ports where the current allocations are inad-
equate.
(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 avail-
able 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 mainte-
nance and support of the equipment and training of per-
sonnel 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 Cus-
toms 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
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(ii) will achieve at least the same results at
a cost that is the same or less than the equip-
ment 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 sub-
paragraphs (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 sub-
paragraphs (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 sub-
paragraphs (A) through (E) of subsection
(a)(3) for equipment specified in any other of
such subparagraphs (A) through (E).
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SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE EN-
HANCEMENT FOR THE UNITED STATES-MEX-
ICO 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 Sim-
plification 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 spe-
cial 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 (in-
cluding 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 in-
telligence analysts, and additional resources to be
distributed among offices that have jurisdiction over
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major metropolitan drug or narcotics distribution
and transportation centers for intensification of ef-
forts against drug smuggling and money-laundering
organizations.
(5) A net increase of 50 positions and addi-
tional resources to the Office of Internal Affairs to
enhance investigative resources for anticorruption ef-
forts.
(6) The costs incurred as a result of the in-
crease in personnel hired pursuant to this section.
SEC. 104. COMPLIANCE WITH PERFORMANCE PLAN RE-
QUIREMENTS.
As part of the annual performance plan for each of
the fiscal years 1999 and 2000 covering each program ac-
tivity 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 para-
graphs (1) through (6) of subsection (a) of such section
with respect to each of the activities to be carried out pur-
suant to sections 102 and 103 of this Act.
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TITLE II—OVERTIME AND PRE-
MIUM PAY OF OFFICERS OF
THE 
UNITED 
STATES 
CUS-
TOMS SERVICE; MISCELLANE-
OUS PROVISIONS
Subtitle A—Overtime Pay and Pre-
mium 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 com-
muting 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 in-
dividual cases in order to prevent excessive
costs or to meet emergency requirements of the
Customs Service; and
‘‘(B) upon certification by the Commis-
sioner of Customs to the Chairmen of the Com-
mittee on Ways and Means of the House of
Representatives and the Committee on Finance
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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 offi-
cers, 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 pro-
vided under this subsection shall not be paid to any cus-
toms 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 Feb-
ruary 13, 1911 (19 U.S.C. 267(b)(4)), is amended by add-
ing 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