Text: S.2880 — 102nd Congress (1991-1992)All Information (Except Text)

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S 2880 RFH
102d CONGRESS
2d Session
S. 2880
IN THE HOUSE OF REPRESENTATIVES
September 14, 1992
Referred to the Committee on Ways and Means
AN ACT
To authorize appropriations for fiscal years 1993 and 1994 for the Office of
the United States Trade Representative, the United States International Trade
Commission, and the United States Customs Service, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. CUSTOMS AND TRADE AGENCY AUTHORIZATIONS.
  (a) UNITED STATES INTERNATIONAL TRADE COMMISSION- Section 330(e)(2) of
  the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to read as follows:
  `(2)(A) There are authorized to be appropriated to the Commission for
  necessary expenses (including the rental of conference rooms in the District
  of Columbia and elsewhere) not to exceed the following:
  `(i) $45,152,000 for fiscal year 1993.
  `(ii) $48,042,000 for fiscal year 1994.
  `(B) Not to exceed $2,500 of the amount authorized to be appropriated for
  any fiscal year under subparagraph (A) may be used, subject to the approval
  of the Chairman of the Commission, for reception and entertainment expenses.
  `(C) No part of any sum that is appropriated under the authority of
  subparagraph (A) may be used by the Commission in the making of any
  special study, investigation, or report that is requested by any agency
  of the executive branch unless that agency reimburses the Commission for
  the cost thereof.'.
  (b) UNITED STATES CUSTOMS SERVICE- Section 301(b) of the Customs Procedural
  Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)) is amended to
  read as follows:
  `(b) AUTHORIZATION OF APPROPRIATIONS-
  `(1) FOR NONCOMMERCIAL OPERATIONS- There are authorized to be appropriated
  for the salaries and expenses of the Customs Service that are incurred in
  noncommercial operations not to exceed the following:
  `(A) $536,582,000 for fiscal year 1993.
  `(B) $558,045,000 for fiscal year 1994.
  `(2) FOR COMMERCIAL OPERATIONS- (A) There are authorized to be appropriated
  for the salaries and expenses of the Customs Service that are incurred in
  commercial operations not less than the following:
  `(i) $798,470,000 for fiscal year 1993.
  `(ii) $830,408,000 for fiscal year 1994.
  `(B) The monies authorized to be appropriated under subparagraph (A) for
  any fiscal year, except for such sums as may be necessary for the salaries
  and expenses of the Customs Service that are incurred in connection with the
  processing of merchandise that is exempt from the fees imposed under section
  13031(a) (9) and (10) of the Consolidated Omnibus Budget Reconciliation
  Act of 1985, shall be appropriated from the Customs User Fee Account.
  `(3) FOR AIR  AND MARINE INTERDICTION- There are authorized to be
  appropriated for the operation (including salaries and expenses) and
  maintenance of the air and marine interdiction programs of the Customs
  Service not to exceed the following:
  `(A) $138,983,000 for fiscal year 1993.
  `(B) $144,542,000 for fiscal year 1994.'.
  (c) OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE- Section 141(g)(1) of
  the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended to read as follows:
  `(g)(1)(A) There are authorized to be appropriated to the Office for the
  purposes of carrying out its functions not to exceed the following:
  `(i) $21,697,000 for fiscal year 1993.
  `(ii) $22,435,000 for fiscal year 1994.
  `(B) Of the amounts authorized to be appropriated under subparagraph (A)
  for any fiscal year--
  `(i) not to exceed $98,000 may be used for entertainment and representation
  expenses of the Office; and
  `(ii) not to exceed $2,500,000 shall remain available until expended.'.
SEC. 2. CUSTOMS FORFEITURE FUND.
  Section 613A(f)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1613b(f)(2)(B))
  is amended to read as follows:
  `(B) Of the amount authorized to be appropriated under subparagraph (A),
  not to exceed the following shall be available to carry out the purposes
  set forth in subsection (a)(3):
  `(i) $15,000,000 for fiscal year 1993.
  `(ii) $15,600,000 for fiscal year 1994.'.
SEC. 3. REPORTS ON CUSTOMS ISSUES.
  (a) ATTRITION- Not later than February 1, 1993, the Secretary of the Treasury
  shall submit a report to the Committee on Finance of the Senate and the
  Committee on Ways and Means of the House of Representatives (hereafter
  in this section referred to as the `Committees') on the causes for the
  high attrition rates experienced by the United States Customs Service in
  its Southwest region, with particular focus on border ports of entry. The
  report shall include recommendations to the Committees for reducing the
  high attrition rate.
  (b) STAFFING- Not later than November 1, 1992, the Secretary of the Treasury
  shall submit a report to the Committees describing the Secretary's plans
  for staffing at full capacity on a port-by-port basis each of the facilities
  that has been or will be expanded, built, modernized, or otherwise improved
  under the Southwest Border Capital Improvements Program.
  (c) LOCATION OF OFFICES AND AGENTS- Not later than the date which is 3
  months after the date of the enactment of this Act, the Secretary of the
  Treasury shall submit to the Committees--
  (1) a report analyzing the feasibility of moving the Customs Service office
  from downtown Portland, Oregon to the vicinity of the airport in Portland,
  Oregon, and
  (2) a report analyzing the feasibility of placing drug enforcement agents
  in the Medford/Grants Pass area in Oregon.
SEC. 4. COMPETITIVENESS POLICY COUNCIL ACT AMENDMENTS.
  (a) REAUTHORIZATION- Section 5209 of the Competitiveness Policy Council Act
  (15 U.S.C. 4808) is amended--
  (1) by striking `1991 and 1992' and inserting `1993 and 1994'; and
  (2) by striking `$5,000,000' and inserting `$2,500,000'.
  (b) RENAMING OF COUNCIL- The Competitiveness Policy Council Act (15
  U.S.C. 4801 et seq.) is amended--
  (1) in the subtitle heading--
  (A) by inserting `National' before `Competitiveness'; and
  (B) by striking `Council' and inserting `Commission';
  (2) in section 5201--
  (A) by inserting `National' before `Competitiveness'; and
  (B) by striking `Council' and inserting `Commission';
  (3) in section 5202(b)(2)--
  (A) by inserting `National' before `Competitiveness'; and
  (B) by striking `Council' and inserting `Commission';
  (4) in section 5203--
  (A) in the section caption, by striking `council' and inserting `commission';
  (B) by inserting `National' before `Competitiveness'; and
  (C) by striking `Council' each place it appears and inserting `Commission';
  (5) in section 5204--
  (A) in the section caption, by striking `council' and inserting `commission';
  (B) by striking `Council' and inserting `Commission';
  (6) in sections 5205 through 5208, by striking `Council' each place such
  term appears and inserting `Commission';
  (7) in section 5207, in the section caption, by striking `council' and
  inserting `commission'; and
  (8) in section 5210--
  (A) in paragraph (1)--
  (i) by inserting `National' before `Competitiveness'; and
  (ii) by striking `Council' each place it appears and inserting `Commission';
  and
  (B) in paragraph (2)--
  (i) by inserting `National' before `Competitiveness'; and
  (ii) by striking `Council' and inserting `Commission'.
  (c) DUTIES OF THE COMMISSION- Section 5204 of the National Competitiveness
  Policy Commission Act (15 U.S.C. 4803) is amended by striking paragraphs
  (11) and (12) and inserting the following:
  `(11) prepare, publish, and distribute reports that--
  `(A) contain the analysis and recommendations of the Commission; and
  `(B) comment on the overall competitiveness of the American economy,
  including the report described in section 5208; and
  `(12) submit an annual report to the President and to the Congress on the
  activities of the Commission.'.
  (d) EXECUTIVE DIRECTOR AND STAFF- Section 5206 of the National
  Competitiveness Policy Commission Act (15 U.S.C. 4805) is amended--
  (1) in subsection (a)(1), by striking `GS-18 of the General Schedule'
  and inserting `the highest level allowed under section 5376 of title 5,
  United States Code';
  (2) in subsection (b)--
  (A) by striking paragraph (1);
  (B) by redesignating paragraph (2) as paragraph (4); and
  (C) by inserting before paragraph (4), as redesignated, the following:
  `(1) FULL-TIME STAFF- The Executive Director may appoint such officers and
  employees as may be necessary to carry out the functions of the Commission
  in accordance with the Federal civil service and classification laws,
  and fix compensation in accordance with the provisions of title 5, United
  States Code.
  `(2) SENIOR EXECUTIVE SERVICE- The Commission may establish positions in
  the Senior Executive Service in accordance with the provisions of subchapter
  II of chapter 31 of title 5, United States Code.
  `(3) TEMPORARY STAFF- The Executive Director may appoint such employees
  as may be necessary to carry out the functions of the Commission for a
  period of not more than 1 year, without regard to the provisions of title
  5, United States Code, governing appointments in the competitive service,
  and without regard to the provisions of chapter 51 and subchapter III of
  chapter 53 of such title, at rates not to exceed the maximum rate payable
  under section 5376 of title 5, United States Code.'; and
  (3) in subsection (c), by striking `GS-16 of the General Schedule' and
  insert `the maximum rate payable under section 5376 of title 5, United
  States Code.'.
  (e) POWERS OF THE COMMISSION- Section 5207 of the National Competitiveness
  Policy Commission Act (15 U.S.C. 4806) is amended--
  (1) by inserting before the period at the end of subsection (b)(1)(B)
  `, except that such information may be provided to members and staff of
  the Council subject to existing national security laws and regulations';
  (2) by redesignating subsections (g) and (h) as subsections (h) and (i),
  respectively; and
  (3) by inserting after subsection (f) the following:
  `(g) CONTRACTING AUTHORITY- Within the limitation of appropriations to the
  Commission, the Commission may enter into contracts with State agencies,
  private firms, institutions, and individuals for the purpose of carrying
  out its duties under this subtitle.'.
  (f) REPORTING REQUIREMENTS- Section 5208 of the National Competitiveness
  Policy Commission Act (15 U.S.C. 4807) is amended--
  (1) by striking the caption and inserting the following:
`SEC. 5208. ANNUAL PUBLICATION OF ANALYSIS AND RECOMMENDATIONS.';
  (2) in subsection (a)--
  (A) by striking the subsection heading and inserting `(a) PUBLICATION OF
  ANALYSIS AND RECOMMENDATIONS- '; and
  (B) by striking `on' and inserting `not later than'; and
  (3) by adding at the end the following:
  `(d) PERIODICAL REPORTS- The Commission may submit to the President and
  the Congress such other reports containing analysis and recommendations
  as the Commission deems necessary.'.
Passed the Senate September 9 (legislative day, September 8), 1992.
Attest:
WALTER J. STEWART,
Secretary.