105TH CONGRESS
2D SESSION
H. R. 3809
AN ACT
To authorize appropriations for the United States
Customs Service for drug interdiction, and for
other purposes.
105TH CONGRESS
2D SESSION
H. R. 3809
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,
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:
‘‘(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-
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.
(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-
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.
(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
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
(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).
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
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.
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
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
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-
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
‘‘(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.
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
‘‘(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-
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.—
‘‘(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.
‘‘(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:
Clerk.