I

103D CONGRESS

2D SESSION H. R. 3721

To provide grants to the Bureau of Justice Assistance to expand the capacity

of correctional facilities in the States, increase programs for major offenders and parolees, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 25, 1994

Mr. ANDREWS of Texas introduced the following bill; which was referred jointly to the Committees on the Judiciary, Ways and Means, Foreign Affairs,

Public Works and Transportation, Armed Services, Agriculture, Science,

Space, and Technology, Government Operations, Energy and Commerce,

Natural Resources, House Administration, Rules, Banking, Finance and

Urban Affairs, Veterans’ Affairs, Education and Labor, and Post Office

and Civil Service

A BILL

To provide grants to the Bureau of Justice Assistance to

expand the capacity of correctional facilities in the

States, increase programs for major offenders and parolees, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Violent and Repeat

5 Offenders Act of 1994’’.
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1 TITLE I—TARGETING HABITUAL

2 REPEAT AND VIOLENT CRIMI3 NAL OFFENDERS

4 Subtitle A—Expanding the Capac5 ity of State Correctional Facili6 ties

7 SEC. 101. GRANT AUTHORIZATION.

8 (a) IN GENERAL.—The Director of the Bureau of

9 Justice Assistance may make grants under this subtitle

10 to States to construct additional correctional facilities for

11 the purpose of increasing prison capacity to make habitual

12 repeat and violent criminal offenders serve the full term

13 of their sentences.

14 (b) CONSTRUCTION OF ADDITIONAL PRISONS.—The

15 construction referred to in subsection (a) should aim to

16 provide sufficient capacity to incarcerate habitual repeat

17 and violent criminal offenders who exhibit a high risk for

18 continued or violent criminal activity, for the full length

19 of their sentences, including—

20 (1) individuals with 3 or more arrests by the

21 age of 18, representing less than 2 percent of all ju22 veniles arrested, but who commit a disproportionate

23 share of crimes;
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1 (2) individuals with a history of violent criminal

2 offenses, including murder, aggravated assault, rape,

3 and armed robbery; and

4 (3) individuals exhibiting a pattern of crimes of

5 premeditation and deliberation for whom a prison

6 stay may have a significant deterrent value.

7 (c) OPERATIONAL ASSISTANCE.—The Director of the

8 Bureau of Justice Assistance may make grants under this

9 subtitle to States to operate prison facilities, including

10 costs for administration and staff.

11 SEC. 102. STATE APPLICATIONS.

12 (a) IN GENERAL.—(1) To be eligible to receive a

13 grant under this subtitle, the chief executive of the State,

14 in consultation with the State Department of Corrections,

15 shall submit an application to the Director in such a form

16 and containing such information as the Director may rea17 sonably require.

18 (2) In such application, a State office or agency shall

19 be designated by the chief executive as the lead agency

20 responsible for the coordination, implementation, adminis21 tration, and evaluation of the services described in the ap22 plication in accordance with this subtitle.

23 (3) Each State application will contain assurances

24 that the lead agency will work in cooperation with the

25 State Department of Corrections, and other appropriate
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1 State and local agencies to implement inter agency agree2 ments to carry out the provisions of this subtitle.

3 (b) GENERAL CONTENTS.—Each State application

4 under subsection (a) shall include—

5 (1) a description of the prison overcrowding

6 problems encountered in the areas and populations

7 to be served under this grant;

8 (2) assurances that Federal funds received

9 under this subtitle shall supplement, not supplant,

10 non-Federal funds that would otherwise be available

11 for activities funded under this subtitle; and

12 (3) assurances that the State has eliminated

13 parole for criminal offenders described in section

14 101(b).

15 (c) COMPREHENSIVE PLAN.—Each State application

16 shall include a comprehensive plan that contains—

17 (1) a description of the correctional facility

18 needs in the State, including relevant supporting

19 data;

20 (2) a description of the resources available to

21 build additional correctional facility capacity, to22 gether with an account of the expenses involved that

23 cannot be met with existing resources at the State

24 and local levels;
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1 (3) an explanation of how the State will be able

2 to sustain the increased operation and maintenance

3 costs of expanded correctional facility capacity; and

4 (4) an evaluation component, including quan5 tifiable data, that measures progress toward meeting

6 the prison capacity goals under this subtitle.

7 SEC. 103. ALLOCATION OF FUNDS.

8 Funds appropriated for this subtitle shall be allocated

9 as follows:

10 (1) 0.4 percent shall be allocated to each of the

11 States; and

12 (2) of the total funds remaining after the allo13 cation under paragraph (1), there shall be allocated

14 to each State an amount which bears the same ratio

15 to the amount of remaining funds described in this

16 paragraph as the population of such State bears to

17 the population of all States.

18 SEC. 104. RENEWAL AND LIMITATIONS OF GRANTS.

19 (a) RENEWAL OF GRANTS.—A grant may be renewed

20 to each State up to 4 additional years after the initial

21 grant is awarded, subject to availability of funds, if the

22 Director determines that the funds were used in a manner

23 required under the approved application and if the appli24 cant can demonstrate significant progress in attaining the

25 stated goals of this subtitle.
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1 (b) CONSTRUCTION FUNDS.—Funds allocated under

2 this subtitle shall be used only for the construction of cor3 rectional facilities. Funds provided under this subtitle

4 shall not be used for purposes of land acquisition or for

5 additional correctional facility operations and maintenance

6 costs.

7 (c) ADMINISTRATIVE COST LIMITATION.—The State

8 shall use not more than 5 percent of the funds available

9 under this subtitle for purposes of administration, tech10 nical assistance, and evaluation.

11 SEC. 105. GRANT AWARDS.

12 (a) APPROVAL.—The application submitted under

13 this subtitle shall be considered approved, in whole or in

14 part, by the Bureau not later than 45 days after first re15 ceived unless the Bureau informs the applicant of specific

16 reasons for disapproval.

17 (b) DISAPPROVAL NOTICE AND RECONSIDER18 ATION.—The Bureau shall not disapprove any application

19 without first affording the applicant reasonable notice and

20 an opportunity for reconsideration.

21 SEC. 106. DEFINITIONS.

22 For purposes of this subtitle, the term ‘‘correctional

23 facilities’’ means high security prison facilities.
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1 Subtitle B—Major Offenders Pro2 grams and Felony Parole Viola3 tors

4 SEC. 111. PURPOSES.

5 The purpose of this subtitle is to establish or increase

6 the capacity of programs in prosecutorial offices and law

7 enforcement agencies that prioritize the arrest and pros8 ecution of major offenders and felony parole violators.

9 SEC. 112. GRANT AUTHORIZATION.

10 (a) IN GENERAL.—The Director of the Bureau of

11 Justice Assistance may make grants under this subtitle

12 to States, for use by the States and units of local govern13 ments in the States, for purposes of developing and in14 creasing the capacity and the effectiveness of major of15 fenders programs that prioritize the arrest and prosecu16 tion of habitual repeat and violent criminal offenders.

17 (b) MAJOR OFFENDERS PROGRAMS.—The programs

18 referred to in subsection (a) shall include the following:

19 (1) Establishment or expansion of specialized

20 major offender units in law enforcement and crimi21 nal prosecutor offices to identify, monitor, arrest,

22 and prosecute major offenders.

23 (2) Establishment or expansion of a State

24 crime information center computer data base to in25 clude the complete arrest histories of major offend-
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1 ers and parole violator units and other relevant in2 formation for use by law enforcement officers and

3 criminal prosecutors.

4 SEC. 113. STATE APPLICATIONS.

5 (a) IN GENERAL.—(1) To be eligible to receive a

6 grant under this subtitle, the chief executive of a State

7 shall submit an application to the Director of the Bureau

8 of Justice Assistance in such a form and containing such

9 information as the Director may reasonably require.

10 (2) The State application shall be drafted in consulta11 tion and cooperation with State and local law enforcement,

12 State and local criminal prosecution offices, local govern13 ing bodies, and other appropriate State and local agencies.

14 (3) In such application, a State office or agency shall

15 be designated by the chief executive as the lead agency

16 responsible for the coordination, implementation, adminis17 tration, and evaluation of the services described in the ap18 plication in accordance with this subtitle.

19 (4) Each State application will contain assurances

20 that the lead agency will work in cooperation with the ap21 propriate State and local agencies and offices to imple22 ment inter agency agreements to carry out the provisions

23 of this subtitle.

24 (b) GENERAL CONTENTS.—Each State application

25 under subsection (a) shall include—
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1 (1) a description of the law enforcement and

2 prosecutorial problems, as well as the crime prob3 lems attributable to major offenders that are en4 countered in the areas and populations to be served

5 under this grant; and

6 (2) assurances that Federal funds received

7 under this subtitle shall supplement, not supplant,

8 non-Federal funds that would otherwise be available

9 for activities funded under this subtitle.

10 (c) COMPREHENSIVE PLAN.—Under this subtitle,

11 each State application shall include a comprehensive plan,

12 containing—

13 (1) a description, with supporting data, of the

14 crime problems attributable to major offenders and

15 parole violators that improved law enforcement and

16 prosecution programs may be able to decrease;

17 (2) a description of the resources available to

18 implement or expand major offenders and parole vio19 lators programs, together with an account of the ex20 penses involved in the plan that cannot be met with

21 existing resources at the State and county levels;

22 and

23 (3) an evaluation component, including quan24 tifiable data, that will measure progress toward

25 meeting the goals under this subtitle.
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1 SEC. 114. LOCAL APPLICATIONS.

2 (a) IN GENERAL.—To request funds under this sub3 title from a State, the chief executive of a unit of local

4 government shall submit an application to the lead agency

5 designated under section 112(a)(2) which shall, to the ex6 tent possible, include all the elements required for State

7 grant applications enumerated under this subtitle.

8 (b) APPROVAL.—(1) Such application shall be consid9 ered approved, in whole or in part, by the State not later

10 than 45 days after such application is received unless the

11 State informs the applicant in writing of specific reasons

12 for disapproval.

13 (2) The State shall not disapprove any application

14 submitted to the State without first affording the

15 applicant reasonable notice and an opportunity for

16 reconsideration.

17 (3) If such application is approved, the unit of local

18 government is eligible to receive such funds.

19 (c) PRIORITY.—In drafting a grant proposal for

20 funds under this section, the State shall give priority to

21 applications from local governments or geographic regions

22 which have the highest crime rate per capita, relative to

23 the rest of the State.

24 SEC. 115. ALLOCATION OF FUNDS.

25 (a) ALLOCATION TO THE STATES.—Funds appro26 priated for this subtitle shall be allocated as follows:
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1 (1) 0.4 percent shall be allocated to each of the

2 States; and

3 (2) of the total funds remaining after the allo4 cation under paragraph (1), there shall be allocated

5 to each State an amount which bears the same ratio

6 to the amount of remaining funds described in this

7 paragraph as the population of such State bears to

8 the population of all States.

9 (b) ALLOCATION TO UNITS OF LOCAL GOVERN10 MENT.—(1) Each State which receives funds under sub11 section (a) in a fiscal year shall distribute among units

12 of local government in such State that portion of such

13 funds which bears the same ratio to the aggregate amount

14 of such funds as the amount of funds expended by all units

15 of local government for major offenders in the preceding

16 fiscal year bears to the aggregate amount of funds ex17 pended by the State and all units of local government in

18 such State for major offenders in such preceding fiscal

19 year.

20 (2) In distributing funds received under this subtitle

21 among urban, rural, and suburban units of local govern22 ment, the State shall give priority to jurisdictions with the

23 greatest need.
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1 SEC. 116. RENEWAL AND LIMITATIONS.

2 (a) RENEWAL OF GRANTS.—A grant may be renewed

3 to each State for up to 4 additional years after the first

4 fiscal year a grant is received, subject to availability of

5 funds, if the Director determines that funds were used in

6 a manner required under the approved application and if

7 the applicant can demonstrate significant progress in at8 taining the stated goals of this subtitle.

9 (b) LAND RESTRICTION.—Funds provided under this

10 subtitle shall not be used for purposes of land acquisition,

11 construction, or facility operations and maintenance costs.

12 (c) ADMINISTRATIVE COST LIMITATION.—The chief

13 executive of the State shall use not more than 5 percent

14 of the funds available under this subtitle for purposes of

15 administration, technical assistance, and evaluation.

16 SEC. 117. AWARD OF GRANTS.

17 (a) IN GENERAL.—The Bureau of Justice Assistance

18 shall make a grant to carry out the projects described in

19 the State application upon determining that—

20 (1) the application is consistent with the re21 quirements under this subtitle; and

22 (2) before the approval of the application the

23 Bureau has made an affirmative finding in writing

24 that the application has been reviewed in accordance

25 with this title.
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1 (b) APPROVAL.—The application submitted under

2 this subtitle shall be considered approved, in whole or in

3 part, by the Bureau not later than 45 days after first re4 ceived unless the Bureau informs the applicant of specific

5 reasons for disapproval.

6 (c) DISAPPROVAL NOTICE AND RECONSIDER7 ATION.—The Bureau shall not disapprove any application

8 without first affording the applicant reasonable notice and

9 an opportunity for reconsideration.

10 (d) RESTRICTION.—Grant funds received under this

11 subtitle shall not be used for land acquisition or construc12 tion purposes.

13 SEC. 118. DEFINITIONS.

14 For purposes of this subtitle:

15 (1) The term ‘‘major offender’’ includes the

16 meaning of the terms habitual repeat offender and

17 violent criminal offender defined in paragraphs (2)

18 and (3), respectively.

19 (2) The term ‘‘habitual repeat offender’’ means

20 an individual with more than 3 State or Federal fel21 ony convictions.

22 (3) The term ‘‘violent criminal offender’’ means

23 an individual with a conviction for a State or Fed24 eral felony offense which—
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1 (A) has as an element the use, attempted

2 use, or threatened use of physical force against

3 the person of another; or

4 (B) is burglary, arson, or extortion, in5 volves the use of explosives, or otherwise in6 volves conduct that presents a serious potential

7 risk of physical injury to another.

8 (4) The term ‘‘felony parole violator’’ means an

9 individual who violates parole.

10 SEC. 119. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated

12 $10,000,000,000 for each of the fiscal years 1994 through

13 1998 to carry out the projects under this title.

14 TITLE II—ENDING THE DOUBLE

15 VICTIMIZATION OF SOCIETY

16 SEC. 201. PURPOSE.

17 The purpose of this title is to address the ‘‘double

18 victimization’’ of society by restricting taxpayer funds that

19 support individuals who make a career of committing

20 criminal offenses against society and requiring all able21 bodied prisoners to repay society for the expense of incar22 ceration through prison work programs.
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1 Subtitle A—Denial of Federal

2 Benefits

3 SEC. 211. DENIAL OF FEDERAL BENEFITS TO THIRD-TIME

4 FELONS.

5 Any individual who is convicted of 3 Federal or State

6 felony offenses shall be ineligible for any Federal benefits.

7 SEC. 212. CLEARINGHOUSE AND PUBLICATION.

8 (a) STATE AND FEDERAL COURTS.—State and Fed9 eral courts shall send information, as determined nec10 essary by the Director of the Office of Justice Assistance,

11 regarding the conviction of third-time felons to the Office

12 of Justice Assistance in a timely manner.

13 (b) JUSTICE ASSISTANCE.—The Office of Justice As14 sistance shall maintain a computer listing of individuals

15 convicted of a third Federal or State felony offense and

16 update such list in a timely manner.

17 (c) GENERAL SERVICES ADMINISTRATION.—The Of18 fice of Justice Assistance shall transfer the names of such

19 individuals to the General Services Administration for in20 clusion in the publication ‘‘Lists of Parties Excluded from

21 Federal Procurement or Nonprocurement Programs’’.

22 (d) GOVERNMENT AGENCIES.—Representatives of a

23 Government agency that is responsible for the distribution

24 of a Federal benefit shall consult such publication before

25 granting such benefit.
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1 SEC. 213. DEFINITIONS.

2 For purposes of this title, the term ‘‘Federal bene3 fit’’—

4 (1) means the issuance of any grant, contract,

5 loan, professional license, commercial license, wel6 fare, or public housing provided by an agency of the

7 United States or by appropriated funds of the

8 United States; and

9 (2) does not include a benefit for which pay10 ment or services are required for eligibility.

11 SEC. 214. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated such sums

13 as may be necessary to carry out the provisions of this

14 subtitle.

15 SEC. 215. EFFECTIVE DATE.

16 The denial of Federal benefits set forth in this sub17 title shall take effect for convictions occurring after the

18 date of the enactment of this Act.

19 Subtitle B—Prison Work Programs

20 SEC. 221. FORMULA GRANT REDUCTION.

21 Section 506 of title I of the Omnibus Crime Control

22 and Safe Streets Act of 1968 is amended by adding at

23 the end the following:

24 ‘‘(g) In order not to reduce the funds available under

25 this subpart by 25 percent (for redistribution to other par26 ticipating States), a State shall, on the first day of each
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1 fiscal year succeeding fiscal year 1993 implement or con2 tinue a prison work fare program that requires an inmate,

3 who is physically able (as determined by the State Director

4 of Corrections), to work a portion of each day.’’.

5 TITLE III—REPEAL OF SUPER6 VISED RELEASE PROGRAM

7 SEC. 301. ELIMINATION OF SUPERVISED RELEASE.

8 Section 3583 of title 18, United States Code, is

9 repealed.

10 TITLE IV—DRUG

11 PARAPHERNALIA TAX

12 SEC. 401. TAX ON SMOKING PARAPHERNALIA; DRUG USE

13 PREVENTION TRUST FUND.

14 (a) TAX ON SMOKING PARAPHERNALIA.—

15 (1) IN GENERAL.—Section 5701 of the Internal

16 Revenue Code of 1986 (relating to rate of tax on ci17 gars, cigarettes, smokeless tobacco, pipe tobacco,

18 and cigarette papers and tubes) is amended by re19 designating subsection (g) as subsection (h) and by

20 inserting after subsection (f) the following new sub21 section:

22 ‘‘(g) CERTAIN SMOKING PARAPHERNALIA.—On tax23 able smoking paraphernalia manufactured in or imported

24 into the United States, there shall be imposed a tax equal

25 to 100 percent of the price for which sold.’’.
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1 (2) DETERMINATION OF PRICE.—Subsection

2 (m) of section 5702 of such Code is amended—

3 (A) by striking ‘‘ON CIGARS’’ in the head4 ing, and

5 (B) by striking ‘‘section 5701(a)(2)’’ and

6 inserting ‘‘subsections (a)(2) and (g) of section

7 5701’’.

8 (3) TAXABLE SMOKING PARAPHERNALIA.—Sec9 tion 5702 of such Code is amended by adding at the

10 end thereof the following new subsection:

11 ‘‘(o) TAXABLE SMOKING PARAPHERNALIA.—The

12 term ‘taxable smoking paraphernalia’ means metal, plas13 tic, or glass smoking pipes; water pipes; smoking and

14 carburetion masks; chamber pipes; carburetor pipes; elec15 tric pipes; air-driven pipes; chillums; bongs; ice pipes or

16 chillers, and any other item that the Secretary determines

17 is primarily used for smoking any substance other than

18 tobacco.’’.

19 (b) INCREASE IN TAX ON CIGARETTE PAPERS.—Sub20 section (c) of section 5701 of such Code is amended by

21 striking ‘‘0.75 cent (0.625 cent on cigarette papers re22 moved during 1991 or 1992)’’ and inserting ‘‘2 cents’’.

23 (c) EFFECTIVE DATE.—The amendments made by

24 subsections (a) and (b) shall apply to articles removed

25 after the date of the enactment of this Act.
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1 TITLE V—FINANCING

2 Subtitle A—National Security

3 SEC. 501. SENSE OF CONGRESS ON INCREASED BURDEN

4 SHARING BY ALLIES OF THE UNITED STATES.

5 (a) DEFENSE COST-SHARING AGREEMENTS.—It is

6 the sense of Congress that the President should enter into

7 negotiations with each foreign nation referred to in sub8 section (b)(1) that is not excluded by subsection (b)(2)

9 to seek to conclude an agreement that provides for such

10 nation to pay at least 50 percent of the overseas basing

11 costs that are incurred for the stationing of members of

12 the Armed Forces of the United States and related civilian

13 employees of the Department of Defense in that nation

14 as a result of the implementation of a bilateral or multilat15 eral defense agreement with that nation.

16 (b) COVERED FOREIGN NATIONS.—(1) Except as

17 provided in paragraph (2), subsection (a) applies with re18 spect to the following foreign nations:

19 (A) Each member nation of the North Atlantic

20 Treaty Organization (other than the United States).

21 (B) Every other foreign nation with which the

22 United States has a bilateral or multilateral defense

23 agreement that provides for the assignment of com24 bat units of the Armed Forces of the United States

25 to permanent duty ashore in that nation.
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1 (2) Subsection (a) does not apply with respect to any

2 foreign nation—

3 (A) that receives assistance or financing

4 under—

5 (i) section 23 of the Arms Export Control

6 Act (22 U.S.C. 2763), relating to the foreign

7 military financing program; or

8 (ii) the provisions of chapter 4 of part II

9 of the Foreign Assistance Act of 1961 (22

10 U.S.C. 2346 et seq.);

11 (B) in which not more than 1,000 members of

12 the Armed Forces of the United States and related

13 civilian employees of the Department of Defense are

14 assigned to permanent duty ashore as a result of the

15 implementation of a bilateral or multilateral defense

16 agreement; or

17 (C) that has agreed to assume, not later than

18 January 1, 1995, at least 50 percent of the overseas

19 basing costs of the United States in that nation.

20 (c) USE OF FUNDS FOR PAYING OVERSEAS BASING

21 COSTS.—(1) It is the sense of Congress that funds should

22 not be expended to pay more than the allowable percent

23 of the overseas basing costs that are incurred during a

24 fiscal year referred to in paragraph (2) for the stationing

25 of members of the Armed Forces of the United States and
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1 related civilian employees of the Department of Defense

2 in a nation referred to in subsection (a) as a result of

3 the implementation of a bilateral or multilateral defense

4 agreement with that nation.

5 (2) For purposes of paragraph (1), the allowable per6 cent for a fiscal year is as follows:

7 (A) For fiscal year 1995, 84 percent.

8 (B) For fiscal year 1996, 75 percent.

9 (C) For fiscal year 1997, 60 percent.

10 (D) For each fiscal year that begins after Sep11 tember 30, 1997, 50 percent.

12 (d) OVERSEAS BASING COSTS DEFINED.—In this

13 section, the term ‘‘overseas basing costs’’ means all costs

14 related to the operation of installations in foreign coun15 tries at which forces of the Armed Forces of the United

16 States are based, as determined by the Secretary of De17 fense using the methodology used in preparing the ‘‘Fiscal

18 Year 1994 Budget Estimate, Department of Defense’’,

19 dated April 1993, and the ‘‘Report on Allied Contributions

20 to the Common Defense’’, dated May 1993. The term—

21 (1) includes, among other costs—

22 (A) pay for foreign nationals;

23 (B) costs of utilities;

24 (C) costs of local services;

25 (D) costs of military construction projects;
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1 (E) costs of real property maintenance;

2 (F) costs of environmental restoration;

3 (G) leasing costs;

4 (H) taxes;

5 (I) user fees;

6 (J) tolls; and

7 (K) import duties;

8 (2) does not include—

9 (A) the rent value of land or facilities pro10 vided to the United States by foreign nations

11 covered by this section in excess of amounts ac12 tually paid by such nations to private owners of

13 such land or facilities; and

14 (B) revenue foregone by foreign nations

15 covered by this section in providing rent-free

16 land or facilities to the United States; and

17 (3) does not include the pay and allowances of

18 members of the Armed Forces of the United States

19 and civilian employees of the Department of De20 fense.

21 SEC. 502. STREAMLINING AND REORGANIZATION OF CORPS

22 OF ENGINEERS.

23 The Secretary of the Army shall reorganize the

24 United States Army Corps of Engineers by reorganizing

25 the headquarters offices, reducing the number of division
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1 offices from 11 to not more than 6, and restructuring the

2 district functions so as to increase the efficiency of the

3 United States Army Corps of Engineers and reduce staff

4 and costs, to achieve at least $50,000,000 in net annual

5 savings by fiscal year 1998.

6 SEC. 503. RESCISSION OF CERTAIN DEFENSE ADD-ONS.

7 (a) MILITARY CONSTRUCTION.—Of the funds made

8 available under the heading ‘‘Military Construction, Army

9 Reserve’’ in the Military Construction Appropriations Act,

10 1994 (Pub. L. 103–110), $15,000,000 is rescinded, to be

11 derived from the Georgia-Fort McPherson Command

12 Headquarters, Phase I, project.

13 (b) DEFENSE PROCUREMENT.—Of the funds made

14 available in the Department of Defense Appropriations

15 Act, 1994 (Pub. L. 103–139), the following amounts are

16 rescinded from the following accounts and programs:

17 (1) ‘‘Other Procurement, Army’’, $15,000,000,

18 to be derived from common hardware and software.

19 (2) ‘‘Other Procurement, Navy’’, $30,000,000,

20 to be derived from spare and repair parts.

21 (3) ‘‘Other Procurement, Navy’’, $12,000,000,

22 to be derived from weapons range support equip23 ment.

24 (4) ‘‘Other Procurement, Army’’, $10,000,000,

25 to be derived from tactical trailers/dolly sets.
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1 (5) ‘‘Shipbuilding and Conversion, Navy’’,

2 $50,000,000, to be derived from advance procure3 ment of LHD–7.

4 SEC. 504. RESCISSION OF FUNDS FOR MK–19 GRENADE

5 LAUNCHER PROGRAM.

6 Of the funds made available under the heading ‘‘Pro7 curement of Weapons and Tracked Combat Vehicles,

8 Army’’ in the Department of Defense Appropriations Act,

9 1994 (Pub. L. 103–139), $15,000,000 is rescinded, to be

10 derived from the MK–19 automatic grenade launcher pro11 gram.

12 SEC. 505. TERMINATION OF C–26 AIRCRAFT PROGRAM.

13 The Secretary of Defense shall cancel the C–26 air14 craft program. Funds appropriated for the Department of

15 Defense may not be obligated after the date of the enact16 ment of this Act for procurement of new aircraft under

17 that program other than for contract termination or can18 cellation costs.

19 SEC. 506. TERMINATION OF MOBILE IN-SHORE UNDERSEA

20 WARFARE VANS PROGRAM.

21 The Secretary of Defense shall cancel the Mobile In22 Shore Undersea Warfare Vans program. Funds appro23 priated for the Department of Defense may not be obli24 gated after the date of the enactment of this Act for pro-
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1 curement under that program other than for contract ter2 mination or cancellation costs.

3 SEC. 507. RESCISSION OF CERTAIN DEFENSE OPERATION

4 AND MAINTENANCE FUNDS.

5 Of the funds made available in the Department of

6 Defense Appropriations Act, 1994 (Pub. L. 103–139), the

7 following amounts are rescinded from the following ac8 counts:

9 (1) ‘‘Operation and Maintenance, Army’’,

10 $88,020,000 to be derived from general reduction

11 DBOF, and $15,180,000 to be derived from inven12 tories.

13 (2) ‘‘Operation and Maintenance, Navy’’,

14 $109,270,000 to be derived from general reduction

15 DBOF, and $27,555,000 to be derived from inven16 tories.

17 (3) ‘‘Operation and Maintenance, Air Force’’,

18 $94,140,000 to be derived from general reduction

19 DBOF, and $12,265,000 to be derived from inven20 tories.

21 SEC. 508. REDUCTION IN PUBLIC LAW 480 FOOD FOR PEACE

22 PROGRAM.

23 (a) IN GENERAL.—Section 103 of title I of the Agri24 cultural Trade Development and Assistance Act of 1954

25 is amended by adding at the end the following:
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1 ‘‘(f) MODIFICATION OF TERMS AND CONDITIONS

2 DURING CERTAIN YEARS.—The Secretary shall set the

3 terms and conditions of agreements entered into under

4 this title after the date of the enactment of this subsection

5 so that—

6 ‘‘(1) the length of the loan does not exceed 20

7 years;

8 ‘‘(2) the length of the grace period does not ex9 ceed 5 years;

10 ‘‘(3) the interest rate during the grace period is

11 not less than 3 percent; and

12 ‘‘(4) the interest rate during the payback period

13 is not less than 5 percent.’’.

14 (b) RESCISSION OF FUNDS.—Of the funds made

15 available under the heading ‘‘Public Law 480 Program

16 Account’’ in the Agriculture, Rural Development, Food

17 and Drug Administration, and Related Agencies Appro18 priations Act, 1994 (Pub. L. 103–111)—

19 (1) $69,378,000 is rescinded from the amounts

20 provided for programs under title I of the Agricul21 tural Trade Development and Assistance Act of

22 1954 and the Food for Progress Act of 1985; and

23 (2) $56,017,000 is rescinded from the amount

24 provided for commodities supplied in connection with

25 dispositions abroad pursuant to title III of the Agri-
27

•HR 3721 IH

1 cultural Trade Development and Assistance Act of

2 1954.

3 SEC. 509. RESCISSION OF FUNDS FOR WORLD BANK.

4 Of the funds made available under the heading ‘‘Con5 tribution to the International Bank for Reconstruction

6 and Development’’ in the Foreign Operations, Export Fi7 nancing, and Related Programs Appropriations Act, 1994

8 (Pub. L. 103–87)—

9 (1) $27,910,500 provided for paid-in capital is

10 rescinded; and

11 (2) $902,439,500 provided for callable capital

12 is rescinded.

13 SEC. 510. REDUCTION IN FUNDING FOR INTERNATIONAL

14 DEVELOPMENT ASSOCIATION.

15 (a) IN GENERAL.—Section 526 of the Foreign Oper16 ations, Export Financing, and Related Programs Appro17 priations Act, 1994 (Public Law 103–87) is amended by

18 inserting before the period at the end ‘‘, of which not more

19 than $957,142,857 shall be available for fiscal year 1994,

20 and not more than $957,142,857 shall be available for fis21 cal year 1995’’.

22 (b) RESCISSION OF FUNDS.—Of the funds made

23 available under the heading ‘‘Contribution to the Inter24 national Development Association’’ in the Foreign Oper25 ations, Export Financing, and Related Programs Appro-
28

•HR 3721 IH

1 priations Act, 1994 (Pub. L. 103–87), $67,189,143 is re2 scinded.

3 SEC. 511. RESCISSION OF FUNDS FOR FOREIGN MILITARY

4 FINANCING.

5 Of the funds made available under the heading ‘‘For6 eign Military Financing Program’’ in the Foreign Oper7 ations, Export Financing, and Related Programs Appro8 priations Act, 1994 (Pub. L. 103–87), $25,721,000 is re9 scinded, to be derived from grants.

10 SEC. 512. RESCISSION OF FUNDS FOR AGENCY FOR INTER11 NATIONAL DEVELOPMENT, DEPARTMENT OF

12 STATE, AND UNITED STATES INFORMATION

13 AGENCY.

14 (a) AID.—Of the funds made available under the

15 heading ‘‘Agency for International Development—Devel16 opment Assistance Fund’’ in appropriations Acts for fiscal

17 year 1994 and prior fiscal years to carry out the provisions

18 of sections 103 through 106 of the Foreign Assistance Act

19 of 1961, $160,000,000 is rescinded.

20 (b) DEPARTMENT OF STATE.—Of the funds made

21 available under the heading ‘‘Department of State—Ad22 ministration of Foreign Affairs—Diplomatic and Consular

23 Programs’’ in the Departments of Commerce, Justice, and

24 State, the Judiciary, and Related Agencies Appropriations

25 Act, 1994 (Pub. L. 103–121), $600,000 is rescinded.
29

•HR 3721 IH

1 (c) USIA.—

2 (1) SALARIES AND EXPENSES.—Of the funds

3 made available under the heading ‘‘United States In4 formation Agency—Salaries and Expenses’’ in the

5 Departments of Commerce, Justice, and State, the

6 Judiciary, and Related Agencies Appropriations Act,

7 1994 (Pub. L. 103–121), $3,000,000 is rescinded.

8 (2) NORTH/SOUTH CENTER.—Of the funds

9 made available under the heading ‘‘United States In10 formation Agency—North/South Center’’ in the De11 partments of Commerce, Justice, and State, the Ju12 diciary, and Related Agencies Appropriations Act,

13 1994 (Pub. L. 103–121), $8,700,000 is rescinded.

14 Subtitle B—Physical Capital,

15 Natural Resources, and Science

16 SEC. 521. TERMINATION OF SPACELIFTER PROGRAM.

17 (a) IN GENERAL.—The United States shall not obli18 gate any funds for the acquisition or operation of any

19 space launch system not in operation as of the date of

20 enactment of this Act.

21 (b) RESCISSION OF FUNDS.—Of the funds made

22 available under the heading ‘‘Research, Development, Test

23 and Evaluation, Defense-Wide’’ in the Department of De24 fense Appropriations Act, 1994 (Pub. L. 103–139),
30

•HR 3721 IH

1 $10,000,000 is rescinded, to be derived from the new me2 dium lift vehicle (Spacelifter) program.

3 SEC. 522. DEPARTMENT OF SCIENCE, SPACE, ENERGY AND

4 TECHNOLOGY.

5 (a) SHORT TITLE.—This section may be cited as the

6 ‘‘Department of Science, Space, Energy, and Technology

7 Organization Act of 1993’’.

8 (b) GENERAL PROVISIONS.—

9 (1) FINDINGS.—The Congress finds that—

10 (A) the advancement of science and tech11 nology is a vital national goal which is essential

12 for the continued economic well being of the

13 United States;

14 (B) the creation of new scientific informa15 tion and technological development are genera16 tors of new wealth and jobs;

17 (C) consolidation of the Federal agencies

18 which conduct and support science and tech19 nology activities will focus the resources of the

20 Federal Government and will lead to better co21 ordination of the overall effort of those agencies

22 to carry out the research and development ob23 jectives of the United States;

24 (D) the elimination of duplication of func25 tions within the scientific and technical agencies
31

•HR 3721 IH

1 of the Federal Government will lead to cost sav2 ings for the Government; and

3 (E) the creation of the Department of

4 Science, Space, Energy, and Technology will in5 crease the dissemination of technology through

6 the improved coordination of technology trans7 fer from the Federal Government to the private

8 sector.

9 (2) DEFINITIONS.—As used in this section, un10 less otherwise provided or indicated by the context—

11 (A) the term ‘‘Department’’ means the De12 partment of Science, Space, Energy, and Tech13 nology;

14 (B) the term ‘‘Secretary’’ means the Sec15 retary of Science, Space, Energy, and Tech16 nology;

17 (C) the term ‘‘Deputy Secretary’’ means

18 the Deputy Secretary of Science, Space, En19 ergy, and Technology;

20 (D) the term ‘‘function’’ includes any duty,

21 obligation, power, authority, responsibility,

22 right, privilege, activity, or program; and

23 (E) the term ‘‘office’’ includes any office,

24 institute, council, unit, or organizational entity,

25 or any component thereof.
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•HR 3721 IH

1 (c) ESTABLISHMENT OF THE DEPARTMENT.—

2 (1) ESTABLISHMENT.—There is authorized an

3 executive department to be known as the Depart4 ment of Science, Space, Energy, and Technology.

5 The Department shall be administered, in accord6 ance with the provisions of this section, under the

7 supervision and direction of a Secretary of Science,

8 Space, Energy, and Technology. The Secretary shall

9 be appointed by the President, by and with the ad10 vice and consent of the Senate. The Secretary shall

11 receive basic pay at the rate payable for level I of

12 the Executive Schedule under section 5312 of title

13 5, United States Code.

14 (2) PRINCIPAL OFFICERS.—

15 (A) DEPUTY SECRETARY.—(i) There shall

16 be in the Department a Deputy Secretary of

17 Science, Space, Energy, and Technology who

18 shall be appointed by the President, by and

19 with the advice and consent of the Senate. Dur20 ing the absence or disability of the Secretary, or

21 in the event of a vacancy in the office of the

22 Secretary, the Deputy Secretary shall act as

23 Secretary. The Secretary shall designate the

24 order in which other officials of the Department

25 shall act for and perform the functions of the
33

•HR 3721 IH

1 Secretary during the absence or disability of

2 both the Secretary and Deputy Secretary or in

3 the event of vacancies in both of those offices.

4 The Deputy Secretary shall receive basic pay at

5 the rate payable for level II of the Executive

6 Schedule under section 5313 of title 5, United

7 States Code.

8 (ii) The Deputy Secretary shall perform

9 such other duties and exercise such powers as

10 the Secretary may from time to time prescribe.

11 (B) UNDER SECRETARIES.—(i) There shall

12 be in the Department—

13 (I) an Under Secretary of Research

14 who shall, on the transfer of functions and

15 offices under subsection (d), serve as the

16 Director of the National Science Founda17 tion;

18 (II) an Under Secretary of Tech19 nology who shall, on the transfer of func20 tions and offices under subsection (d),

21 serve as the Administrator of the National

22 Institute of Standards and Technology, the

23 National Technical Information Service,

24 the National Telecommunications and In-
34

•HR 3721 IH

1 formation Administration, and the Patent

2 and Trademark Office;

3 (III) an Under Secretary of Energy

4 who shall, on the transfer of functions and

5 offices under subsection (d), serve as the

6 Administrator of the National Energy Ad7 ministration;

8 (IV) an Under Secretary of Space who

9 shall, on the transfer of functions and of10 fices under subsection (d), serve as the Ad11 ministrator of the National Aeronautics

12 and Space Administration; and

13 (V) an Under Secretary of Oceanic

14 and Atmospheric Affairs who shall, on the

15 transfer of functions and offices under

16 subsection (d), serve as the Administrator

17 of the National Oceanic and Atmospheric

18 Administration.

19 (ii) Each of the Under Secretaries shall be

20 appointed by the President, by and with the ad21 vice and consent of the Senate. The Under Sec22 retaries shall receive basic pay at the rate pay23 able for level III of the Executive Schedule

24 under section 5314 of title 5, United States

25 Code.
35

•HR 3721 IH

1 (C) ASSISTANT SECRETARIES.—(i) There

2 shall be as many as 20 Assistant Secretaries in

3 the Department. Among the Assistant Secretar4 ies shall be—

5 (I) an Assistant Secretary for Admin6 istration who shall serve as the Chief Fi7 nancial Officer of the Department;

8 (II) an Assistant Secretary for Policy

9 and Budget;

10 (III) an Assistant Secretary for Con11 gressional and Intergovernmental Affairs;

12 (IV) an Assistant Secretary for Tech13 nology Transfer and Commercial Pro14 grams; and

15 (V) an Assistant Secretary for Inter16 national Programs.

17 (ii) Each of the Assistant Secretaries shall

18 be appointed by the President, by and with the

19 advice and consent of the Senate. The Assistant

20 Secretaries shall receive basic pay at the rate

21 payable for level IV of the Executive Schedule

22 under section 5315 of title 5, United States

23 Code.

24 (D) GENERAL COUNSEL.—There shall be

25 in the Department a General Counsel who shall
36

•HR 3721 IH

1 administer the Office of General Counsel. The

2 General Counsel shall be appointed by the

3 President, by and with the advice and consent

4 of the Senate. The General Counsel shall re5 ceive basic pay at the rate payable for level IV

6 of the Executive Schedule under section 5315

7 of title 5, United States Code.

8 (E) INSPECTOR GENERAL.—There shall be

9 in the Department an Inspector General ap10 pointed in accordance with the Inspector Gen11 eral Act of 1978. The Inspector General shall

12 receive basic pay at the rate payable for level

13 IV of the Executive Schedule under section

14 5315 of title 5, United States Code.

15 (F) ADDITIONAL OFFICERS.—In addition

16 to the officers specified in subparagraphs (A)

17 through (E) and the 24 members of the Board

18 of Directors of the National Science Founda19 tion, there shall be in the Department not more

20 than 10 additional officers who shall be ap21 pointed by the President, by and with the ad22 vice and consent of the Senate. The officers ap23 pointed under this subparagraph shall perform

24 such functions as the Secretary shall prescribe.
37

•HR 3721 IH

1 (G) SPECIFICATION OF FUNCTIONS.—

2 Whenever the President submits the name of an

3 individual to the Senate for confirmation as an

4 officer of the Department under this paragraph,

5 the President shall state the particular func6 tions of the Department such individual will ex7 ercise upon taking office, consistent with the re8 quirements of this section.

9 (H) LINE OF AUTHORITY; ADDITIONAL

10 FUNCTIONS.—Each officer of the Department

11 referred to in subparagraphs (A) through (F)

12 shall report directly to the Secretary and shall,

13 in addition to any functions vested in or re14 quired to be delegated to such officer, perform

15 such additional functions as the Secretary may

16 prescribe.

17 (d) TRANSFERS OF FUNCTIONS AND OFFICES.—

18 (1) TRANSFER OF THE NATIONAL AERO19 NAUTICS AND SPACE ADMINISTRATION.—There is

20 transferred to the Department the National Aero21 nautics and Space Administration, along with all of

22 its functions and offices.

23 (2) TRANSFER OF THE NATIONAL INSTITUTE

24 OF STANDARDS AND TECHNOLOGY.—There is trans25 ferred to the Department the National Institute of
38

•HR 3721 IH

1 Standards and Technology, along with all of its

2 functions and offices.

3 (3) TRANSFER OF THE NATIONAL SCIENCE

4 FOUNDATION.—There is transferred to the Depart5 ment the National Science Foundation, along with

6 all of its functions and offices.

7 (4) TRANSFER OF THE NATIONAL OCEANIC AND

8 ATMOSPHERIC ADMINISTRATION.—There is trans9 ferred to the Department the National Oceanic and

10 Atmospheric Administration, along with all of its

11 functions and offices.

12 (5) TRANSFER OF THE NATIONAL TECHNICAL

13 INFORMATION SERVICE.—There is transferred to the

14 Department the National Technical Information

15 Service, along with all of its functions and offices.

16 (6) TRANSFER OF THE PATENT AND TRADE17 MARK OFFICE.—There is transferred to the Depart18 ment the Patent and Trademark Office, along with

19 all of its functions and offices.

20 (7) TRANSFER OF THE DEPARTMENT OF EN21 ERGY.—There is transferred to the Department the

22 Department of Energy, which shall be renamed the

23 National Energy Administration, along with all of

24 its functions and offices, except for the following fa-
39

•HR 3721 IH

1 cilities, which shall be transferred to the Department

2 of Defense:

3 (A) The Feed Materials Production Center

4 at Fernald, Ohio.

5 (B) The Extrusion Plant at Ashtabula,

6 Ohio.

7 (C) The Savannah River Plant, including

8 the Savannah River Weapons Facility, at Aiken,

9 South Carolina.

10 (D) The Hanford Production Operations

11 at Richland, Washington.

12 (E) The Nevada Test Site.

13 (F) The Kansas City Plant at Kansas

14 City, Missouri.

15 (G) The Rocky Flats Plant located be16 tween Golden and Boulder, Colorado.

17 (H) The Pantex Plant located near Ama18 rillo, Texas.

19 (I) The Pinellas Plant at St. Petersburg,

20 Florida.

21 (J) The Mound Facility at Miamisburg,

22 Ohio.

23 (K) The Y–12 Plant at Oak Ridge, Ten24 nessee.
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•HR 3721 IH

1 (8) TRANSFER OF THE NATIONAL TELE2 COMMUNICATIONS AND INFORMATION ADMINISTRA3 TION.—There is transferred to the Department the

4 National Telecommunications and Information Ad5 ministration, along with all of its functions and of6 fices.

7 (9) EFFECTIVE DATE.—This subsection shall

8 take effect—

9 (A) 180 days after the first Secretary

10 takes office under subsection (c)(1); or

11 (B) on any date earlier than the date de12 scribed in subparagraph (A), but later than

13 September 30, 1994, that the President des14 ignates through publication in the Federal Reg15 ister.

16 (e) ADMINISTRATIVE PROVISIONS.—

17 (1) PERSONNEL PROVISIONS.—

18 (A) OFFICERS AND EMPLOYEES.—

19 (i) GENERAL AUTHORITY.—The Sec20 retary is authorized to appoint and fix the

21 compensation of such officers and employ22 ees as may be necessary to carry out the

23 functions of the Secretary and the Depart24 ment. Except as otherwise provided by law,

25 such officers and employees shall be ap-
41

•HR 3721 IH

1 pointed in accordance with the civil service

2 laws and their compensation fixed in ac3 cordance with title 5 of the United States

4 Code.

5 (ii) TEMPORARY SUPER GRADE AND

6 TECHNICAL POSITIONS.—(I)(aa) At the re7 quest of the Secretary, the Director of the

8 Office of Personnel Management shall,

9 under section 5108 of title 5, United

10 States Code, provide for the establishment

11 in each of the grade levels GS–16, GS–17,

12 and GS–18 of a number of positions in the

13 Department equal to the number of posi14 tions in that grade level which were used

15 primarily for the performance of functions

16 and offices transferred under subsection

17 (d) and which were assigned and filled on

18 the day before such transfer.

19 (bb) Appointments to positions pro20 vided for under this subclause may be

21 made without regard to the provisions of

22 section 3324 of title 5, United States

23 Code, if the individual appointed in such

24 position is an individual who is transferred

25 in connection with the transfer of functions
42

•HR 3721 IH

1 and offices under subsection (d) and, on

2 the day before such transfer, holds a posi3 tion and has duties comparable to those of

4 the position to which appointed hereunder.

5 (II) At the request of the Secretary,

6 the Director of the Office of Personnel

7 Management shall, under section 3104 of

8 title 5, United States Code, provide for the

9 establishment in the Department of a

10 number of scientific and professional posi11 tions outside of the General Schedule equal

12 to the number of such positions which were

13 used primarily for the performance of

14 functions and offices transferred under

15 subsection (d) and which were assigned

16 and filled on the day before such transfer.

17 (III) The authority under this clause

18 with respect to any position shall terminate

19 when the person first appointed to fill such

20 position ceases to hold such position.

21 (IV) For purposes of section

22 414(a)(3)(A) of the Civil Service Reform

23 Act of 1978, an individual appointed under

24 this clause shall be deemed to occupy the

25 same position as the individual occupied on
43

•HR 3721 IH

1 the day before the transfer of functions

2 and offices under subsection (d).

3 (iii) TRANSITIONAL SENIOR EXECU4 TIVE SERVICE POSITIONS.—Notwithstand5 ing any other provision of law, the Director

6 of the Office of Personnel Management

7 shall establish positions within the Senior

8 Executive Service for 5 limited-term ap9 pointees. The Secretary shall appoint indi10 viduals to such positions as provided by

11 section 3394 of title 5, United States

12 Code. Such positions shall expire on the

13 later of 3 years after the date of the trans14 fer of functions and offices under sub15 section (d) or 3 years after the initial ap16 pointment to each position. Positions in ef17 fect under this clause shall be taken into

18 account in applying the limitation on posi19 tions prescribed under section 3134(e) and

20 section 5108 of such title.

21 (B) EXPERTS AND CONSULTANTS.—The

22 Secretary may as provided in appropriation

23 Acts obtain the services of experts and consult24 ants in accordance with the provisions of sec25 tion 3109 of title 5, United States Code, and
44

•HR 3721 IH

1 may compensate such experts and consultants

2 at rates not to exceed the daily rate prescribed

3 for GS–18 of the General Schedule under sub4 chapter III of chapter 53 of such title.

5 (C) PERSONNEL REDUCTION.—

6 (i) FULL-TIME EMPLOYEE LIMITA7 TIONS.—Not later than the end of the first

8 fiscal year beginning after the date of the

9 transfer of functions and offices under

10 subsection (d), the number of full-time

11 equivalent personnel positions available for

12 performing functions transferred to the

13 Secretary or the Department under such

14 subsection shall be reduced by not less

15 than 350.

16 (ii) COMPUTATIONS.—Computations

17 required to be made for purposes of this

18 subparagraph shall be made on the basis

19 of all personnel employed by the Depart20 ment, including experts and consultants

21 employed under section 3109 of title 5,

22 United States Code, and all other part23 time and full-time personnel employed to

24 perform functions of the Secretary or the

25 Department, except personnel employed
45

•HR 3721 IH

1 under special programs for students and

2 disadvantaged youth (including temporary

3 summer employment).

4 (iii) REPORT TO CONGRESS.—The Di5 rector of the Office of Personnel Manage6 ment shall, as soon as practicable, but not

7 later than one year after the date of the

8 transfer of functions and offices under

9 subsection (d), prepare and transmit to the

10 Congress a report on the effects on em11 ployees of the reorganization under this

12 section, which shall include—

13 (I) an identification of any posi14 tion within the Department or else15 where in the executive branch, which

16 it considers unnecessary due to con17 solidation of functions under this sec18 tion;

19 (II) a statement of the number of

20 employees entitled to grade or pay re21 tention under subchapter VI of chap22 ter 53 of title 5, United States Code,

23 by reason of the reorganization under

24 this section;
46

•HR 3721 IH

1 (III) a statement of the number

2 of employees who are voluntarily or

3 involuntarily separated by reason of

4 such reorganization;

5 (IV) an estimate of the personnel

6 costs associated with such reorganiza7 tion;

8 (V) the effects of such reorga9 nization on labor management rela10 tions; and

11 (VI) such legislative and adminis12 trative recommendations for improve13 ments in personnel management with14 in the Department as the Director

15 considers necessary.

16 (2) GENERAL ADMINISTRATIVE PROVISIONS.—

17 (A) GENERAL AUTHORITY.—In carrying

18 out any function transferred by this section, the

19 Secretary, or any officer or employee of the De20 partment, may exercise any authority available

21 by law with respect to such function to the offi22 cial or agency from which such function is

23 transferred, and the actions of the Secretary in

24 exercising such authority shall have the same
47

•HR 3721 IH

1 force and effect as when exercised by such offi2 cial or agency.

3 (B) DELEGATION.—Except as otherwise

4 provided in this section, the Secretary may dele5 gate any function to such officers and employ6 ees of the Department as the Secretary may

7 designate, and may authorize such successive

8 redelegations of such functions within the De9 partment as may be necessary or appropriate.

10 No delegation of functions by the Secretary

11 under this subparagraph or under any other

12 provision of this section shall relieve the Sec13 retary of responsibility for the administration of

14 such functions.

15 (C) REORGANIZATION.—

16 (i) AUTHORITY OF SECRETARY.—Ex17 cept as provided in clause (ii), the Sec18 retary is authorized to allocate or reallo19 cate functions among the officers of the

20 Department, and to establish, consolidate,

21 alter, or abolish such offices or positions

22 within the Department as may be nec23 essary or appropriate.
48

•HR 3721 IH

1 (ii) AUTHORITY WITH RESPECT TO

2 STATUTORY ENTITIES.—The Secretary

3 may not—

4 (I) abolish any office or position

5 transferred to the Department and es6 tablished by statute, or any function

7 vested by statute in such an office or

8 an officer of such an office;

9 (II) abolish any office or position

10 established by this section; or

11 (III) alter the delegation of func12 tions to any specific office or position

13 required by this section,

14 unless a period of 90 days has passed after

15 the receipt by the Committee on Com16 merce, Science, and Transportation of the

17 Senate and the Committee on Science,

18 Space, and Technology of the House of

19 Representatives of notice given by the Sec20 retary containing a full and complete state21 ment of the action proposed to be taken

22 pursuant to this clause and the facts and

23 circumstances relied upon in support of

24 such proposed action.
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•HR 3721 IH

1 (D) REGULATIONS.—The Secretary is au2 thorized to prescribe such rules and regulations

3 as the Secretary determines necessary or appro4 priate to administer and manage the functions

5 of the Secretary or the Department, in accord6 ance with chapter 5 of title 5, United States

7 Code.

8 (E) CONTRACTS.—

9 (i) IN GENERAL.—Subject to the Fed10 eral Property and Administrative Services

11 Act of 1949 and other applicable Federal

12 law, the Secretary is authorized to make,

13 enter into, and perform such contracts,

14 grants, leases, cooperative agreements, and

15 other similar transactions with Federal or

16 other public agencies (including State and

17 local governments) and private organiza18 tions and persons, and to make such pay19 ments, by way of advance or reimburse20 ment, as the Secretary may determine nec21 essary or appropriate to carry out func22 tions of the Secretary or the Department.

23 (ii) APPROPRIATION AUTHORITY RE24 QUIRED.—No authority to enter into con25 tracts or to make payments under this sec-
50

•HR 3721 IH

1 tion shall be effective except to such extent

2 or in such amounts as are provided in ad3 vance under appropriation Acts. This sub4 section shall not apply with respect to the

5 authority granted under subparagraph (J).

6 (F) REGIONAL AND FIELD OFFICES.—The

7 Secretary is authorized to establish, alter, dis8 continue, or maintain such regional or other

9 field offices as the Secretary may find necessary

10 or appropriate to perform functions of the Sec11 retary or the Department.

12 (G) ACQUISITION AND MAINTENANCE OF

13 PROPERTY.—

14 (i) AUTHORITY OF SECRETARY.—To

15 the extent necessary to carry out functions

16 under this and any other Act, the Sec17 retary is authorized to provide appropriate

18 facilities and services necessary for carry19 ing out such functions or necessary for the

20 health and welfare of the Department’s

21 employees, including—

22 (I) to acquire (by purchase, lease,

23 condemnation, contract, or otherwise),

24 construct, improve, repair, operate,
51

•HR 3721 IH

1 maintain, and provide transportation

2 to—

3 (aa) schools and related fa4 cilities;

5 (bb) laboratories;

6 (cc) research and testing

7 sites and facilities;

8 (dd) quarters and related

9 accommodations, including eating

10 facilities, for employees and de11 pendents of employees of the De12 partment; and

13 (ee) personal property (in14 cluding patents), or any interest

15 therein; and

16 (II) to provide reimbursement for

17 food, clothing, medicine, and other

18 supplies furnished by such employees

19 in emergencies for the temporary re20 lief of distressed persons.

21 (ii) LIMITATION.—The authority

22 granted by clause (i) shall be available only

23 with respect to facilities of a special pur24 pose nature or at a remote location that

25 cannot readily be reassigned from similar
52

•HR 3721 IH

1 Federal activities and are not otherwise

2 available for assignment to the Depart3 ment by the Administrator of General

4 Services.

5 (H) USE OF FACILITIES.—

6 (i) AUTHORITY TO USE.—With their

7 consent, the Secretary may, with or with8 out reimbursement, use the research,

9 equipment, services, and facilities of any

10 agency or instrumentality of the United

11 States, of any State or political subdivision

12 thereof, or of any foreign government, in

13 carrying out any function of the Secretary

14 or the Department.

15 (ii) AUTHORITY TO PERMIT USE.—

16 The Secretary is authorized to permit pub17 lic and private agencies, corporations, asso18 ciations, organizations, or individuals to

19 use any real property, or any facilities,

20 structures, or other improvements thereon,

21 under the custody and control of the Sec22 retary for Department purposes. The Sec23 retary shall permit the use of such prop24 erty, facilities, structures, or improvements

25 under such terms and rates and for such
53

•HR 3721 IH

1 period as may be in the public interest, ex2 cept that the periods of such uses may not

3 exceed 5 years. The Secretary may require

4 permittees under this subparagraph to re5 condition and maintain, at their own ex6 pense, the real property, facilities, struc7 tures, and improvements used by such per8 mittees to a standard satisfactory to the

9 Secretary. This clause shall not apply to

10 excess property as defined in section 3(e)

11 of the Federal Property and Administra12 tive Services Act of 1949.

13 (iii) CREDITING OF REIMBURSE14 MENTS.—Proceeds from reimbursements

15 under this subparagraph shall be deposited

16 in a separate fund which shall be available

17 to the Secretary without appropriation or

18 fiscal year limitation, for carrying out the

19 functions of the Secretary under this or

20 any other Act.

21 (iv) INTERESTS IN REAL PROPERTY.—

22 Any interest in real property acquired pur23 suant to this section shall be acquired in

24 the name of the United States Govern25 ment.
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•HR 3721 IH

1 (I) COPYRIGHTS AND PATENTS.—

2 (i) ACQUISITION OF RIGHTS.—The

3 Secretary is authorized to acquire any of

4 the following described rights if the rights

5 acquired thereby are for use by or for, or

6 useful to, the Department:

7 (I) Copyrights, patents, designs,

8 processes, and manufacturing data.

9 (II) Licenses in connection with

10 copyrights and patents.

11 (III) Releases for past infringe12 ment of patents or copyrights.

13 (ii) DISPOSITION.—Notwithstanding

14 clause (i), the disposition of all copyrights

15 and patents and other intellectual property

16 owned or developed for the Department

17 shall be governed by chapter 18 of title 35,

18 United States Code (commonly referred to

19 as the Bayh-Dole Act), section 12 of the

20 Stevenson-Wydler Technology Innovation

21 Act of 1980 (15 U.S.C. 3710(a)), the Na22 tional Aeronautics and Space Act of 1958

23 (42 U.S.C. 2451 et seq.), or the National

24 Competitiveness Technology Transfer Act

25 of 1989, as appropriate.
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1 (J) GIFTS AND BEQUESTS.—The Secretary

2 is authorized to accept, hold, administer, and

3 utilize gifts, bequests, and devises of property,

4 both real and personal, for the purpose of aid5 ing or facilitating the work of the Department.

6 Gifts, bequests, and devises of money, and pro7 ceeds from sales of other property received as

8 gifts, bequests, or devises, shall be deposited in

9 the Treasury and shall be available for dis10 bursement upon the order of the Secretary.

11 (K) TECHNICAL ADVICE.—

12 (i) AUTHORITY TO PROVIDE.—The

13 Secretary is authorized, upon request, to

14 provide advice, counsel, and technical as15 sistance to applicants or potential appli16 cants for grants and contracts and other

17 interested persons with respect to any

18 functions of the Secretary or the Depart19 ment.

20 (ii) CONSOLIDATION OF APPLICA21 TIONS.—The Secretary may permit the

22 consolidation of applications for grants or

23 contracts with respect to two or more func24 tions of the Secretary or the Department,

25 but such consolidation shall not alter the
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•HR 3721 IH

1 statutory criteria for approval of applica2 tions for funding with respect to such

3 functions.

4 (L) WORKING CAPITAL FUND.—

5 (i) ESTABLISHMENT AND USE.—The

6 Secretary, with the approval of the Direc7 tor of the Office of Management and

8 Budget, is authorized to establish for the

9 Department a working capital fund (in this

10 subparagraph referred to as the ‘‘fund’’),

11 to be available without fiscal year limita12 tion, for expenses necessary for the main13 tenance and operation of an administrative

14 services office to provide such common ad15 ministrative services as the Secretary shall

16 find to be desirable in the interests of

17 economy and efficiency, including such

18 services as—

19 (I) a central supply service for

20 stationery and other supplies and

21 equipment for which adequate stocks

22 may be maintained to meet in whole

23 or in part the requirements of the De24 partment and its offices;
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•HR 3721 IH

1 (II) central messenger, mail, tele2 phone, and other communications

3 services;

4 (III) office space, and central

5 services for document reproduction,

6 for graphics, and for visual aids; and

7 (IV) a central library service.

8 (ii) OPERATION OF FUND.—The cap9 ital of the fund shall consist of any appro10 priations made for the purpose of provid11 ing working capital and the fair and rea12 sonable value of such stocks of supplies,

13 equipment, and other assets and inven14 tories on order as the Secretary may trans15 fer to the administrative services office,

16 less the related liabilities and unpaid obli17 gations. There shall be transferred to the

18 administrative services office the stocks of

19 supplies, equipment, other assets, liabil20 ities, and unpaid obligations relating to the

21 services which the Secretary determines,

22 with the approval of the Director of the

23 Office of Management and Budget, will be

24 performed. Administrative supplies and

25 services provided by such office shall be
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•HR 3721 IH

1 paid for in advance from available funds of

2 agencies and offices in the Department, or

3 from other sources, at rates that will ap4 proximate the expense of operation. The

5 fund shall also be credited with receipts

6 from sale or exchange of property and re7 ceipts in payment for loss or damage to

8 property.

9 (M) FUNDS TRANSFER.—The Secretary

10 may, when authorized in an appropriation Act

11 for any fiscal year, transfer funds from one ap12 propriation to another within the Department,

13 except that no appropriations for any fiscal

14 year shall be either increased or decreased pur15 suant to this subparagraph by more than 10

16 percent and no such transfer shall result in in17 creasing any such appropriation above the

18 amount authorized to be appropriated therefor.

19 (N) SEAL OF DEPARTMENT.—The Sec20 retary shall cause a seal of office to be made for

21 the Department of such design as the Secretary

22 shall approve. Judicial notice shall be taken of

23 such seal.

24 (O) ANNUAL REPORT.—
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•HR 3721 IH

1 (i) IN GENERAL.—The Secretary

2 shall, as soon as practicable after the close

3 of each fiscal year, make a single, com4 prehensive report to the President for

5 transmission to the Congress on the activi6 ties of the Department during such fiscal

7 year.

8 (ii) CONTRACTING-OUT REPORT.—The

9 report required by clause (i) shall also in10 clude an estimate of the extent of the non11 Federal personnel employed pursuant to

12 contracts entered into by the Department

13 under subparagraph (E) or under any

14 other authority (including any subcontract

15 thereunder), the number of such contracts

16 and subcontracts pursuant to which non17 Federal personnel are employed, and the

18 total cost of those contracts and sub19 contracts.

20 (f) TRANSITIONAL, SAVINGS, AND CONFORMING PRO21 VISIONS.—

22 (1) TRANSFER AND ALLOCATION OF APPRO23 PRIATIONS AND PERSONNEL.—

24 (A) TRANSFER TO SECRETARY.—Except as

25 otherwise provided in this section, the personnel
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•HR 3721 IH

1 employed in connection with, and the assets, li2 abilities, contracts, property, records, and unex3 pended balance of appropriations, authoriza4 tions, allocations, and other funds employed,

5 held, used, arising from, available to, or to be

6 made available in connection with, the functions

7 and offices, or portions thereof, transferred by

8 this section, subject to section 1531 of title 31,

9 United States Code, shall be transferred to the

10 Secretary for appropriate allocation. Unex11 pended funds transferred pursuant to this sub12 paragraph shall be used only for the purposes

13 for which the funds were originally authorized

14 and appropriated.

15 (B) EFFECT OF TERMINATIONS.—Posi16 tions expressly specified by statute or reorga17 nization plan to carry out functions or offices

18 transferred by this section, personnel occupying

19 those positions on the date of such transfer,

20 and personnel authorized to receive compensa21 tion in such positions at the rate prescribed for

22 offices and positions at level IV or V of the Ex23 ecutive Schedule under section 5315 or 5316 of

24 title 5, United States Code, on the date of such
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•HR 3721 IH

1 transfer, shall be subject to paragraph (3) of

2 this subsection.

3 (2) EFFECT ON PERSONNEL.—

4 (A) PRESERVATION OF GRADE AND COM5 PENSATION FOR 1 YEAR.—Except as otherwise

6 provided in this section, the transfer pursuant

7 to this section of full-time personnel (except

8 special Government employees) and part-time

9 personnel holding permanent positions shall not

10 cause any such employee to be separated or re11 duced in grade or compensation for 1 year after

12 the date of transfer to the Department.

13 (B) PRESERVATION OF COMPENSATION

14 FOR EXECUTIVE SCHEDULE APPOINTEES.—Any

15 person who, on the day preceding the date of

16 the transfer of functions and offices under sub17 section (d), held a position compensated in ac18 cordance with the Executive Schedule pre19 scribed in chapter 53 of title 5, United States

20 Code, and who, without a break in service, is

21 appointed in the Department to a position hav22 ing duties comparable to the duties performed

23 immediately preceding such appointment shall

24 continue to be compensated in the new position

25 at not less than the rate provided for the pre-
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•HR 3721 IH

1 vious position, for the duration of the service of

2 such person in the new position.

3 (3) AGENCY TERMINATIONS.—

4 (A) TERMINATIONS.—On the date of the

5 transfer of functions and offices under sub6 section (d), the following entities shall termi7 nate:

8 (i) The Office of the Secretary of

9 Commerce.

10 (ii) The Office of the Deputy Sec11 retary of Commerce.

12 (iii) The Office of the General Counsel

13 of the Department of Commerce.

14 (iv) The Office of the Secretary of

15 Energy.

16 (v) The Office of Deputy Secretary of

17 Energy.

18 (vi) The Office of the Under Secretary

19 of Commerce for Technology.

20 (vii) The Office of the Assistant Sec21 retary of Commerce for Technology Policy.

22 (viii) The Office of Science and Tech23 nology Policy in the Executive Office of the

24 President.
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•HR 3721 IH

1 (B) TERMINATION OF EXECUTIVE SCHED2 ULE POSITIONS.—Each position which was ex3 pressly authorized by law, or the incumbent of

4 which was authorized to receive compensation

5 at the rate prescribed for levels I through V of

6 the Executive Schedule under sections 5312

7 through 5315 of title 5, United States Code, in

8 an office terminated pursuant to this section

9 shall also terminate.

10 (4) ADDITIONAL TRANSFERS.—

11 (A) IN GENERAL.—The Director of the Of12 fice of Management and Budget, in conjunction

13 with the Secretary, shall make such determina14 tions as may be necessary with regard to the

15 functions, offices, or portions thereof trans16 ferred by this section, and make such additional

17 incidental dispositions of personnel, assets, li18 abilities, grants, contracts, property, records,

19 and unexpended balances of appropriations, au20 thorizations, allocations, and other funds held,

21 used, arising from, available to, or to be made

22 available in connection with such functions, of23 fices, or portions thereof, as may be necessary

24 to carry out this section. The Director shall

25 provide for the termination of the affairs of all
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•HR 3721 IH

1 entities terminated by this section and, in con2 junction with the Secretary, for such further

3 measures and dispositions as may be necessary

4 to effectuate the purposes of this section.

5 (B) ALLOCATION OF SES POSITIONS.—

6 After consultation with the Director of the Of7 fice of Personnel Management, the Director of

8 the Office of Management and Budget is au9 thorized to make such determinations as may

10 be necessary with regard to the transfer of posi11 tions within the Senior Executive Service in

12 connection with functions and offices trans13 ferred by this section.

14 (C) MISCELLANEOUS FUNCTIONS.—(i) The

15 Economics and Statistics Administration, in16 cluding the Bureau of Census and the Bureau

17 of Economic Analysis, and the Bureau of Ex18 port Administration shall be transferred to the

19 Department of the Treasury.

20 (ii) The Economic Development Adminis21 tration shall be transferred to the Department

22 of Housing and Urban Development.

23 (iii) The International Trade Administra24 tion and the United States Travel and Tourism
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•HR 3721 IH

1 Administration shall be transferred to the Of2 fice of the United States Trade Representative.

3 (iv) The Minority Business Development

4 Administration shall be transferred to the Small

5 Business Administration.

6 (5) SAVINGS PROVISIONS.—

7 (A) CONTINUITY OF LEGAL FORCE AND

8 EFFECT.—All orders, determinations, rules,

9 regulations, permits, grants, contracts, certifi10 cates, licenses, and privileges—

11 (i) which have been issued, made,

12 granted, or allowed to become effective by

13 the President, by any Federal department

14 or agency or official thereof, or by a court

15 of competent jurisdiction, in the perform16 ance of functions which are transferred

17 under this section to the Secretary or the

18 Department; and

19 (ii) which are in effect at the time of

20 such transfer,

21 shall continue in effect according to their terms

22 until modified, terminated, superseded, set

23 aside, or revoked by the President, the Sec24 retary, or the authorized official, a court of

25 competent jurisdiction, or by operation of law.
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•HR 3721 IH

1 (B) PENDING PROCEEDINGS.—(i) This sec2 tion shall not affect any proceedings, including

3 notices of proposed rulemaking, or any applica4 tion for any license, permit, certificate, or fi5 nancial assistance pending on the date of the

6 transfer of functions and offices under sub7 section (d) before any department, agency, com8 mission, or component thereof, functions of

9 which are transferred by this section. Such pro10 ceedings and applications, to the extent that

11 they relate to functions so transferred, shall be

12 continued, except as provided in clause (iii).

13 (ii) Orders may be issued in such proceed14 ings, appeals may be taken therefrom, and pay15 ments may be made pursuant to such orders, as

16 if this section had not been enacted. Orders is17 sued in any such proceedings shall continue in

18 effect until modified, terminated, superseded, or

19 revoked by the Secretary, by a court of com20 petent jurisdiction, or by operation of law.

21 (iii) Nothing in this subparagraph shall be

22 considered to prohibit the discontinuance or

23 modification of any such proceeding under the

24 same terms and conditions and to the same ex25 tent that such proceeding could have been dis-
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•HR 3721 IH

1 continued or modified if this section had not

2 been enacted.

3 (iv) The Secretary is authorized to promul4 gate regulations providing for the orderly trans5 fer of proceedings continued under this sub6 paragraph to the Department.

7 (C) NO EFFECT ON JUDICIAL PROCEED8 INGS.—Except as provided in subparagraph

9 (E)—

10 (i) the transfer of functions and of11 fices under subsection (d) shall not affect

12 suits commenced prior to the date of such

13 transfer; and

14 (ii) in all such suits, proceedings shall

15 be had, appeals taken, and judgments ren16 dered in the same manner and effect as if

17 this section had not been enacted.

18 (D) NONABATEMENT OF PROCEEDINGS.—

19 No suit, action, or other proceeding commenced

20 by or against any officer in the official capacity

21 of such individual as an officer of any depart22 ment or agency, functions of which are trans23 ferred by this section, shall abate by reason of

24 the enactment of this section. No cause of ac25 tion by or against any department or agency,
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•HR 3721 IH

1 functions of which are transferred by this sec2 tion, or by or against any officer thereof in the

3 official capacity of such officer shall abate by

4 reason of the enactment of this section.

5 (E) CONTINUATION OF PROCEEDING WITH

6 SUBSTITUTION OF PARTIES.—If, before the date

7 of the transfer of functions and offices under

8 subsection (d), any department or agency, or

9 officer thereof in the official capacity of such

10 officer, is a party to a suit, and under this sec11 tion any function of such department, agency,

12 or officer is transferred to the Secretary or any

13 other official of the Department, then such suit

14 shall be continued with the Secretary or other

15 appropriate official of the Department sub16 stituted or added as a party.

17 (F) REVIEWABILITY OF ORDERS AND AC18 TIONS UNDER TRANSFERRED FUNCTIONS.—Or19 ders and actions of the Secretary in the exercise

20 of functions transferred under this section shall

21 be subject to judicial review to the same extent

22 and in the same manner as if such orders and

23 actions had been by the agency or office, or

24 part thereof, exercising such functions imme25 diately preceding their transfer. Any statutory
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•HR 3721 IH

1 requirements relating to notice, hearings, action

2 upon the record, or administrative review that

3 apply to any function transferred by this sec4 tion shall apply to the exercise of such function

5 by the Secretary.

6 (6) REFERENCE.—With respect to any function

7 transferred by this section and exercised on or after

8 the date of such transfer, reference in any other

9 Federal law to any department, commission, or

10 agency or any officer or office the functions of which

11 so transferred shall be deemed to refer to the Sec12 retary, other official, or component of the Depart13 ment to which this section transfers such functions.

14 (7) AMENDMENTS.—

15 (A) DEPARTMENT OF ENERGY ORGANIZA16 TION ACT.—Sections 201 through 203 of the

17 Department of Energy Organization Act (42

18 U.S.C. 7131–7133) are repealed.

19 (B) INSPECTOR GENERAL ACT OF 1978.—

20 The Inspector General Act of 1978 is amend21 ed—

22 (i) in section 8E(a)(2), by striking

23 ‘‘the National Science Foundation,’’;

24 (ii) in section 8E(a)(4), by striking ‘‘,

25 except that with respect to the National
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•HR 3721 IH

1 Science Foundation, such term means the

2 National Science Board’’;

3 (iii) in section 11(1)—

4 (I) by striking ‘‘Commerce,’’;

5 (II) by striking ‘‘Energy,’’;

6 (III) by inserting ‘‘Science,

7 Space, Energy, and Technology,’’

8 after ‘‘the Interior, Labor,’’; and

9 (IV) by striking ‘‘National Aero10 nautics and Space,’’; and

11 (iv) in section 11(2)—

12 (I) by striking ‘‘Commerce,’’;

13 (II) by striking ‘‘Energy,’’;

14 (III) by inserting ‘‘Science,

15 Space, Energy, and Technology,’’

16 after ‘‘Justice, Labor,’’; and

17 (IV) by striking ‘‘the National

18 Aeronautics and Space Administra19 tion,’’.

20 (C) NATIONAL AERONAUTICS AND SPACE

21 ACT OF 1958.—Section 207 of the National Aer22 onautics and Space Act of 1958 (42 U.S.C.

23 2476a) is repealed.

24 (8) TRANSITION.—
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1 (A) USE OF FUNDS.—Funds available to

2 any department or agency (or any official or

3 component thereof), the functions or offices of

4 which are transferred to the Secretary or the

5 Department by this section, may, with the ap6 proval of the Director of the Office of Manage7 ment and Budget, be used to pay the com8 pensation and expenses of any officer appointed

9 pursuant to this section and other transitional

10 and planning expenses associated with the es11 tablishment of the Department or transfer of

12 functions or offices thereto until such time as

13 funds for such purposes are otherwise available.

14 (B) USE OF PERSONNEL.—With the con15 sent of the appropriate department or agency

16 head concerned, the Secretary is authorized to

17 utilize the services of such officers, employees,

18 and other personnel of the departments and

19 agencies from which functions or offices have

20 been transferred to the Secretary or the De21 partment, for such period of time as may rea22 sonably be needed to facilitate the orderly im23 plementation of this section.

24 (9) INTERIM APPOINTMENTS.—
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•HR 3721 IH

1 (A) AUTHORITY TO APPOINT.—Notwith2 standing any other provision of law, in the

3 event that one or more officers required by this

4 section to be appointed by and with the advice

5 and consent of the Senate shall not have en6 tered upon office on the date of the transfer of

7 functions and offices under subsection (d), the

8 President may designate an officer in the execu9 tive branch to act in such office for 120 days

10 or until the office is filled as provided in this

11 section, whichever occurs first.

12 (B) COMPENSATION.—Any officer acting

13 in an office in the Department pursuant to the

14 provisions of subparagraph (A) shall receive

15 compensation at the rate prescribed for such of16 fice under this section.

17 (g) RELATION TO OTHER PROVISIONS.—

18 (1) MODIFICATIONS IN AUTHORITY.—If any

19 other section of this Act increases, restricts, or oth20 erwise modifies any authority (including the author21 ity to assess or collect fees) with respect to any func22 tion or office, or portion thereof, transferred by this

23 section, the authority transferred by this section

24 shall be the authority as so modified.
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1 (2) RESCISSIONS.—If any other section of this

2 Act rescinds funds that are to be transferred pursu3 ant to this section, such rescission shall be made

4 prior to such transfer.

5 SEC. 523. ELIMINATION OF FUNDING FOR MAGLEV PROTO6 TYPE DEVELOPMENT PROGRAM.

7 (a) IN GENERAL.—Section 1036(d) of the Intermodal

8 Surface Transportation Efficiency Act of 1991 (49 U.S.C.

9 309 note; 105 Stat. 1986) is amended—

10 (1) in paragraph (1) by striking ‘‘the following’’

11 and all that follows through ‘‘DEMONSTRATION PRO12 GRAM.—For’’ and inserting ‘‘for’’; and

13 (2) in paragraph (2) by striking subparagraph

14 (A) and by redesignating subparagraphs (B) and (C)

15 as subparagraphs (A) and (B), respectively.

16 (b) RESCISSION OF FUNDS.—Of the funds made

17 available under the heading ‘‘Federal Railroad Adminis18 tration—Railroad Research and Development’’ in the De19 partment of Transportation and Related Agencies Appro20 priations Act, 1994 (Pub. L. 103–122), $20,000,000 is

21 rescinded, to be derived from magnetic levitation research

22 and analysis activities.
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1 SEC. 524. RESCISSION OF FUNDS FOR FEDERALLY SPON2 SORED UNIVERSITY RESEARCH AND DEVEL3 OPMENT.

4 (a) IN GENERAL.—Of the aggregate funds made

5 available for the accounts specified in subsection (b),

6 $220,000,000 is rescinded, to be derived from university

7 research and development programs. The Director of the

8 Office of Management and Budget shall allocate such re9 scission among such accounts, and shall submit to the

10 Congress a report setting forth such allocation.

11 (b) AFFECTED ACCOUNTS.—The funds subject to the

12 rescission made by subsection (a) are the following:

13 (1) NATIONAL INSTITUTES OF HEALTH.—The

14 amounts made available under the heading ‘‘Depart15 ment of Health and Human Services—National In16 stitutes of Health’’ in the Departments of Labor,

17 Health and Human Services, and Education, and

18 Related Agencies Appropriations Act, 1994 (Pub. L.

19 103–112), for the following accounts:

20 (A) ‘‘National Cancer Institute’’.

21 (B) ‘‘National Heart, Lung, and Blood In22 stitute’’.

23 (C) ‘‘National Institute of Dental Re24 search’’.

25 (D) ‘‘National Institute of Diabetes and

26 Digestive and Kidney Diseases’’.
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•HR 3721 IH

1 (E) ‘‘National Institute of Neurological

2 Disorders and Stroke’’.

3 (F) ‘‘National Institute of Allergy and In4 fectious Diseases’’.

5 (G) ‘‘National Institute of General Medical

6 Sciences’’.

7 (H) ‘‘National Institute of Child Health

8 and Human Development’’.

9 (I) ‘‘National Eye Institute’’.

10 (J) ‘‘National Institute of Environmental

11 Health Sciences’’.

12 (K) ‘‘National Institute on Aging’’.

13 (L) ‘‘National Institute of Arthritis and

14 Musculoskeletal and Skin Diseases’’.

15 (M) ‘‘National Institute on Deafness and

16 Other Communication Disorders’’.

17 (N) ‘‘National Institute of Nursing Re18 search’’.

19 (O) ‘‘National Institute on Alcohol Abuse

20 and Alcoholism’’.

21 (P) ‘‘National Institute on Drug Abuse’’.

22 (Q) ‘‘National Institute of Mental Health’’.

23 (R) ‘‘National Center for Research Re24 sources’’.
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•HR 3721 IH

1 (S) ‘‘National Center for Human Genome

2 Research’’.

3 (T) ‘‘John E. Fogarty International Cen4 ter’’.

5 (U) ‘‘National Library of Medicine’’.

6 (V) ‘‘Office of the Director’’.

7 (2) INDEPENDENT AGENCIES.—The amounts

8 made available in the Departments of Veterans Af9 fairs and Housing and Urban Development, and

10 Independent Agencies Appropriations Act, 1994

11 (Pub. L. 103–124), for the following accounts:

12 (A) ‘‘National Science Foundation—Re13 search and Related Activities’’.

14 (B) ‘‘National Aeronautics and Space Ad15 ministration—Research and Development’’.

16 (3) DEPARTMENT OF DEFENSE.—The amounts

17 made available in the Department of Defense Appro18 priations Act, 1994 (Pub. L. 103–139), for the fol19 lowing accounts:

20 (A) ‘‘Research, Development, Test and

21 Evaluation, Army’’.

22 (B) ‘‘Research, Development, Test and

23 Evaluation, Navy’’.

24 (C) ‘‘Research, Development, Test and

25 Evaluation, Air Force’’.
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•HR 3721 IH

1 (D) ‘‘Research, Development, Test and

2 Evaluation, Defense-Wide’’.

3 SEC. 525. RECOUPMENT OF CERTAIN GRANTS.

4 Not later than 180 days after the date of enactment

5 of this Act, the Secretary of Energy and the Secretary

6 of Commerce shall establish procedures and criteria for

7 the recoupment of the Federal share of all cost shared re8 search, development, demonstration, and commercial ap9 plication projects undertaken by such Departments. If re10 quired, such recoupment shall occur within a reasonable

11 period of time following the date of completion of a

12 project, but not later than 20 years following such date,

13 taking into account the effect of recoupment on—

14 (1) the commercial competitiveness of the entity

15 carrying out the project;

16 (2) the profitability of the project; and

17 (3) the commercial viability of the technology

18 utilized.

19 The Secretary of Energy and the Secretary of Commerce

20 may require recoupment under this section as appropriate.

21 SEC. 526. COVERAGE OF FEDERALLY FUNDED RESEARCH

22 AND DEVELOPMENT CENTERS BY COMPETI23 TION IN CONTRACTING ACT.

24 (a) CONTRACTS WITH EXECUTIVE AGENCIES.—Sec25 tion 303 of the Federal Property and Administrative Serv-
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1 ices Act of 1949 (41 U.S.C. 253) is amended in subsection

2 (b)(1)(C) and in subsection (c)(3) by striking out ‘‘or a

3 federally funded research and development center’’ each

4 place it appears.

5 (b) CONTRACTS WITH DEPARTMENT OF DEFENSE.—

6 Section 2304 of title 10, United States Code, is amended

7 in subsection (b)(1)(C) and in subsection (c)(3) by strik8 ing out ‘‘or a federally funded research and development

9 center’’ each place it appears.

10 SEC. 527. TERMINATION OF MODULAR HIGH-TEMPERA11 TURE GAS-COOLED REACTOR PROJECT.

12 (a) IN GENERAL.—The United States shall not obli13 gate any funds for the Modular High-Temperature Gas14 Cooled Reactor program.

15 (b) AMENDMENTS.—Section 2122(b) of the Energy

16 Policy Act of 1992 (42 U.S.C. 13492(b)) is amended—

17 (1) in paragraph (1)(B), by striking ‘‘the modu18 lar high-temperature gas-cooled reactor technology

19 and’’; and

20 (2) in paragraph (2)(C)—

21 (A) by striking ‘‘high-temperature gas22 cooled reactor technology and’’; and

23 (B) by striking ‘‘one or both of those tech24 nologies’’ and inserting in lieu thereof ‘‘that

25 technology’’.
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1 (c) RESCISSION OF FUNDS.—Of the funds made

2 available under the heading ‘‘Department of Energy—En3 ergy Supply, Research and Development Activities’’ in the

4 Energy and Water Development Appropriations Act, 1994

5 (Pub. L. 103–126), $12,000,000 is rescinded, to be de6 rived from the gas turbine-modular helium reactor pro7 gram.

8 SEC. 528. DEPARTMENT OF ENERGY FACILITIES CLOSURE

9 AND RECONFIGURATION COMMISSION.

10 (a) DEPARTMENT OF ENERGY FACILITIES CLOSURE

11 AND RECONFIGURATION COMMISSION.—

12 (1) ESTABLISHMENT.—There is established an

13 independent commission to be known as the ‘‘De14 partment of Energy Facilities Closure and Reconfig15 uration Commission’’.

16 (2) DUTIES.—The Commission shall carry out

17 the duties specified for the Commission in this sec18 tion.

19 (3) APPOINTMENT.—

20 (A) IN GENERAL.—The Commission shall

21 be composed of 7 members appointed by the

22 President, by and with the advise and consent

23 of the Senate. The President shall transmit to

24 the Senate the nominations for appointment to
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1 the Commission not later than 3 months after

2 the date of the enactment of this Act.

3 (B) CONSULTATION.—In selecting individ4 uals for nominations for appointments to the

5 Commission, the President should consult

6 with—

7 (i) the Speaker of the House of Rep8 resentatives concerning the appointment of

9 1 member;

10 (ii) the majority leader of the Senate

11 concerning the appointment of 1 member;

12 (iii) the minority leader of the House

13 of Representatives concerning the appoint14 ment of 1 member; and

15 (iv) the minority leader of the Senate

16 concerning the appointment of 1 member.

17 (C) CHAIRPERSON.—At the time the Presi18 dent nominates individuals for appointment to

19 the Commission, the President shall designate

20 one such individual who shall serve as Chair21 person of the Commission.

22 (4) TERMS.—Each member of the Commission

23 shall serve until the termination of the Commission

24 under paragraph (12).
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1 (5) MEETINGS.—Each meeting of the Commis2 sion, other than meetings in which classified infor3 mation is to be discussed, shall be open to the pub4 lic.

5 (6) VACANCIES.—A vacancy in the Commission

6 shall be filled in the same manner as the original ap7 pointment, but the individual appointed to fill the

8 vacancy shall serve only for the unexpired portion of

9 the term for which the individual’s predecessor was

10 appointed.

11 (7) PAY AND TRAVEL EXPENSES.—

12 (A) IN GENERAL.—

13 (i) BASIC PAY.—Each member, other

14 than the Chairperson, shall be paid at a

15 rate equal to the daily equivalent of the

16 minimum annual rate of basic pay payable

17 for level IV of the Executive Schedule

18 under section 5315 of title 5, United

19 States Code, for each day (including travel

20 time) during which the member is engaged

21 in the actual performance of duties vested

22 in the Commission.

23 (ii) PAY OF CHAIRPERSON.—The

24 Chairperson shall be paid for each day re25 ferred to in clause (i) at a rate equal to the
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1 daily equivalent of the minimum annual

2 rate of basic pay payable for level III of

3 the Executive Schedule under section 5314

4 of title 5, United States Code.

5 (B) TRAVEL EXPENSES.—Members shall

6 receive travel expenses, including per diem in

7 lieu of subsistence, in accordance with sections

8 5702 and 5703 of title 5, United States Code.

9 (8) DIRECTOR.—

10 (A) IN GENERAL.—The Commission shall,

11 without regard to section 5311(b) of title 5,

12 United States Code, appoint a Director who has

13 not served as a civilian employee of the Depart14 ment of Energy during the one-year period pre15 ceding the date of such appointment.

16 (B) PAY.—The Director shall be paid at

17 the rate of basic pay payable for level IV of the

18 Executive Schedule under section 5315 of title

19 5, United States Code.

20 (9) STAFF.—

21 (A) APPOINTMENT BY DIRECTOR.—Subject

22 to subparagraphs (B) and (C), the Director,

23 with the approval of the Commission, may ap24 point and fix the pay of additional personnel.
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1 (B) APPLICABILITY OF CERTAIN CIVIL

2 SERVICE LAWS.—The Director may make such

3 appointments without regard to the provisions

4 of title 5, United States Code, governing ap5 pointments in the competitive service, and any

6 personnel so appointed may be paid without re7 gard to the provisions of chapter 51 and sub8 chapter III of chapter 53 of that title relating

9 to classification and General Schedule pay

10 rates, except that an individual so appointed

11 may not receive pay in excess of the annual rate

12 of basic pay payable for level IV of the Execu13 tive Schedule under section 5315 of title 5,

14 United States Code.

15 (C) LIMITATION.—Not more than one16 third of the personnel employed by or detailed

17 to the Commission may be on detail from the

18 Department of Energy.

19 (D) SUPPORT FROM OTHER AGENCIES.—

20 Upon request of the Director, the head of a

21 Federal agency may detail any of the personnel

22 of that agency to the Commission to assist the

23 Commission in carrying out its duties under

24 this section.
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1 (E) SUPPORT FROM COMPTROLLER GEN2 ERAL.—The Comptroller General of the United

3 States shall provide assistance, including the

4 detailing of employees, to the Commission in ac5 cordance with an agreement entered into with

6 the Commission.

7 (10) OTHER AUTHORITY.—

8 (A) TEMPORARY AND INTERMITTENT

9 SERVICES.—The Commission may procure by

10 contract, to the extent funds are available, the

11 temporary or intermittent services of experts or

12 consultants pursuant to section 3109 of title 5,

13 United States Code.

14 (B) AUTHORITY TO LEASE SPACE AND AC15 QUIRE CERTAIN PROPERTY.—The Commission

16 may lease space and acquire personal property

17 to the extent funds are available. To the extent

18 practicable, the Commission shall use suitable

19 real property available under the most recent

20 inventory of real property assets published by

21 the Resolution Trust Corporation under section

22 21A(b)(11)(F) of the Federal Home Loan

23 Bank Act (12 U.S.C. 1441a(b)(12)(F)).

24 (11) FUNDING.—There is appropriated for fis25 cal year 1994, out of any money in the Treasury not
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1 otherwise appropriated, $1,000,000 to the Commis2 sion to carry out its duties under this section. Such

3 funds shall remain available until expended.

4 (12) TERMINATION.—The Commission shall

5 terminate not later than 20 months after the date

6 of the enactment of this Act.

7 (b) PROCEDURE FOR MAKING RECOMMENDATIONS

8 FOR CLOSURE AND RECONFIGURATION OF FACILITIES.—

9 (1) SELECTION CRITERIA.—

10 (A) IN GENERAL.—Not later than 3

11 months after the date of the enactment of this

12 Act, the Secretary of Energy shall publish in

13 the Federal Register and transmit to the con14 gressional energy committees the criteria pro15 posed to be used by the Secretary in making

16 recommendations for the closure or reconfigura17 tion of Department of Energy facilities result18 ing in an overall budget for such facilities for

19 a fiscal year in an amount equal to the amount

20 appropriated for such facilities for the previous

21 fiscal year reduced by 25 percent. The Sec22 retary shall provide an opportunity for public

23 comment on the proposed criteria for a period

24 of at least 30 days and shall include notice of

25 that opportunity in the publication required
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1 under this paragraph. In developing the cri2 teria, the Secretary shall consider—

3 (i) the program costs and program

4 distributions on a State and county basis,

5 including real and personal property costs

6 associated with each Department of En7 ergy facility considered;

8 (ii) the number of participants in pro9 grams conducted through a Department of

10 Energy facility and staff resources in11 volved;

12 (iii) duplication of effort by Depart13 ment of Energy facilities and overhead

14 costs as a proportion of program benefits

15 distributed through a Department of En16 ergy facility; and

17 (iv) cost savings and increases that

18 would accrue through the reconfiguration

19 of Department of Energy facilities.

20 (B) FINAL CRITERIA.—Not later than 5

21 months after the date of the enactment of this

22 Act, the Secretary shall publish in the Federal

23 Register and transmit to the congressional en24 ergy committees the final criteria to be used in

25 making recommendations for the closure or re-
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1 configuration of Department of Energy facili2 ties under this section.

3 (2) SECRETARY’S RECOMMENDATIONS.—

4 (A) PUBLICATION IN FEDERAL REG5 ISTER.—Not later than 9 months after the date

6 of the enactment of this Act, the Secretary shall

7 publish in the Federal Register and transmit to

8 the congressional energy committees and to the

9 Commission a list of the Department of Energy

10 facilities that the Secretary recommends for clo11 sure or reconfiguration on the basis of the final

12 criteria referred to in paragraph (1).

13 (B) SUMMARY OF SELECTION PROCESS.—

14 The Secretary shall include, with the list of rec15 ommendations published and transmitted pur16 suant to subparagraph (A), a summary of the

17 selection process that resulted in the rec18 ommendation for each Department of Energy

19 facility, including a justification for each rec20 ommendation.

21 (C) EQUAL CONSIDERATION OF FACILI22 TIES.—In considering Department of Energy

23 facilities for closure or reconfiguration, the Sec24 retary shall consider all such facilities equally

25 without regard to whether a facility has been
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1 previously considered or proposed for closure or

2 reconfiguration by the Secretary.

3 (D) AVAILABILITY OF INFORMATION.—The

4 Secretary shall make available to the Commis5 sion and the Comptroller General of the United

6 States all information used by the Secretary in

7 making recommendations to the Commission

8 for closures and reconfiguration.

9 (3) REVIEW AND RECOMMENDATIONS BY THE

10 COMMISSION.—

11 (A) PUBLIC HEARINGS.—After receiving

12 the recommendations from the Secretary pursu13 ant to paragraph (2), the Commission shall

14 conduct public hearings on the recommenda15 tions.

16 (B) REPORT.—Not later than 15 months

17 after the date of the enactment of this Act, the

18 Commission shall transmit to the President and

19 the congressional energy committees a report

20 containing the Commission’s findings and con21 clusions based on a review and analysis of the

22 recommendations made by the Secretary, to23 gether with the Commission’s recommendations

24 for closures and reconfigurations of Department

25 of Energy facilities.
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1 (C) DEVIATION FROM SECRETARY’S REC2 OMMENDATIONS.—In making its recommenda3 tions, the Commission may make changes in

4 any of the recommendations made by the Sec5 retary if the Commission determines that the

6 Secretary deviated substantially from the final

7 criteria referred to in paragraph (1) in making

8 recommendations. The Commission shall ex9 plain and justify in the report any recommenda10 tion made by the Commission that is different

11 from the recommendations made by the Sec12 retary.

13 (D) PROVISION OF CERTAIN INFORMA14 TION.—After transmitting the report, the Com15 mission shall promptly provide, upon request, to

16 any Member of Congress information used by

17 the Commission in making its recommenda18 tions.

19 (4) ASSISTANCE FROM COMPTROLLER GEN20 ERAL.—The Comptroller General of the United

21 States shall—

22 (A) assist the Commission, to the extent

23 requested, in the Commission’s review and anal24 ysis of the recommendations made by the Sec25 retary pursuant to paragraph (2); and
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1 (B) not later than 12 months after the

2 date of the enactment of this Act, transmit to

3 the congressional energy committees and to the

4 Commission a report containing a detailed anal5 ysis of the Secretary’s recommendations and se6 lection process.

7 (5) REVIEW BY THE PRESIDENT.—

8 (A) IN GENERAL.—Not later than 16

9 months after the date of the enactment of this

10 Act, the President shall transmit to the Com11 mission and to the congressional energy com12 mittees a report containing the President’s ap13 proval or disapproval of the Commission’s rec14 ommendations.

15 (B) PRESIDENTIAL APPROVAL.—If the

16 President approves all of the recommendations

17 of the Commission, the President shall transmit

18 a copy of such recommendations to the congres19 sional energy committees together with a cer20 tification of such approval.

21 (C) PRESIDENTIAL DISAPPROVAL.—If the

22 President disapproves the recommendations of

23 the Commission, in whole or in part, the Presi24 dent shall transmit to the Commission and the

25 congressional energy committees the reasons for
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•HR 3721 IH

1 that disapproval. The Commission shall then

2 transmit to the President, not later than 17

3 months after the date of the enactment of this

4 Act, a revised list of recommendations for the

5 closure and reconfiguration of Department of

6 Energy facilities resulting in an overall budget

7 for such facilities for a fiscal year in an amount

8 equal to the amount appropriated for such fa9 cilities for the previous fiscal year reduced by

10 25 percent.

11 (D) CERTIFICATION.—If the President ap12 proves all of the revised recommendations of the

13 Commission transmitted to the President under

14 subparagraph (C), the President shall transmit

15 a copy of such revised recommendations to the

16 congressional energy committees, together with

17 a certification of such approval.

18 (E) FAILURE TO CERTIFY.—If the Presi19 dent does not transmit to the congressional en20 ergy committees an approval and certification

21 described in subparagraph (B) or (D) by 18

22 months after the date of the enactment of this

23 Act, the process by which Department of En24 ergy facilities may be selected for closure or re-
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1 configuration under this section shall be termi2 nated.

3 (c) CLOSURE AND RECONFIGURATION OF DEPART4 MENT OF ENERGY FACILITIES.—

5 (1) IN GENERAL.—Subject to paragraph (2),

6 the Secretary shall—

7 (A) close all Department of Energy facili8 ties recommended for closure by the Commis9 sion in the report transmitted to the congres10 sional energy committees by the President pur11 suant to subsection (b)(5);

12 (B) reconfigure all such facilities rec13 ommended for reconfiguration by the Commis14 sion in the report; and

15 (C) complete the closures and

16 reconfigurations not later than the end of the 6-

17 year period beginning on the date on which the

18 President transmits the report pursuant to sub19 section (b)(5).

20 (2) CONGRESSIONAL DISAPPROVAL.—

21 (A) IN GENERAL.—The Secretary may not

22 carry out any closure or reconfiguration of a fa23 cility recommended by the Commission in the

24 report transmitted from the President pursuant

25 to subsection (b)(5) if a joint resolution is en-
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1 acted, in accordance with the provisions of sub2 section (g), disapproving the recommendations

3 of the Commission before the earlier of—

4 (i) the end of the 45-day period begin5 ning on the date on which the President

6 transmits the report; or

7 (ii) the adjournment of Congress sine

8 die for the session during which the report

9 is transmitted.

10 (B) For purposes of subparagraph (A) of

11 this paragraph and paragraphs (1) and (3) of

12 subsection (g), the days on which either House

13 of Congress is not in session because of an ad14 journment of more than three days to a day

15 certain shall be excluded in the computation of

16 a period.

17 (d) IMPLEMENTATION OF CLOSURE AND RECONFIG18 URATION ACTIONS.—

19 (1) ACTIONS OF THE SECRETARY.—In closing

20 or reconfiguring a Department of Energy facility

21 under this section, the Secretary shall—

22 (A) take such actions as may be necessary

23 to close or reconfigure the facility;

24 (B) provide outplacement assistance to any

25 employees employed by the Department of En-
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1 ergy at the office whose employment is being

2 terminated, and may use for such purpose

3 funds in the Account or funds appropriated to

4 the Department of Energy for outplacement as5 sistance to employees;

6 (C) take such steps as may be necessary to

7 ensure the safe keeping of all records stored at

8 the facility; and

9 (D) reimburse other Federal agencies for

10 actions performed at the request of the Sec11 retary with respect to any such closure or re12 configuration, and may use for such purpose

13 funds in the Account or funds appropriated to

14 the Department of Energy and available for

15 such purpose.

16 (2) MANAGEMENT AND DISPOSAL OF PROP17 ERTY.—

18 (A) IN GENERAL.—The Administrator of

19 General Services shall delegate to the Secretary

20 of Energy, with respect to excess and surplus

21 real property and facilities located at a Depart22 ment of Energy facility closed or reconfigured

23 under this section—

24 (i) the authority of the Administrator

25 to utilize excess property under section 202
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1 of the Federal Property and Administra2 tive Services Act of 1949 (40 U.S.C. 483);

3 (ii) the authority of the Administrator

4 to dispose of surplus property under sec5 tion 203 of that Act (40 U.S.C. 484);

6 (iii) the authority of the Adminis7 trator to grant approvals and make deter8 minations under section 13(g) of the Sur9 plus Property Act of 1944 (50 U.S.C. App.

10 1622(g)); and

11 (iv) the authority of the Administrator

12 to determine the availability of excess or

13 surplus real property for wildlife conserva14 tion purposes in accordance with the Act

15 of May 19, 1948 (16 U.S.C. 667b).

16 (B) EXERCISE OF AUTHORITY.—

17 (i) IN GENERAL.—Subject to clause

18 (iii), the Secretary shall exercise the au19 thority delegated to the Secretary pursuant

20 to subparagraph (A) in accordance with—

21 (I) all regulations in effect on the

22 date of the enactment of this Act gov23 erning the utilization of excess prop24 erty and the disposal of surplus prop25 erty under the Federal Property and
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1 Administrative Services Act of 1949;

2 and

3 (II) all regulations in effect on

4 the date of the enactment of this Act

5 governing the conveyance and disposal

6 of property under section 13(g) of the

7 Surplus Property Act of 1944 (50

8 U.S.C. App. 1622(g)).

9 (ii) REGULATIONS.—The Secretary,

10 after consulting with the Administrator of

11 General Services, may issue regulations

12 that are necessary to carry out the delega13 tion of authority required by subparagraph

14 (A).

15 (iii) LIMITATION.—The authority re16 quired to be delegated by subparagraph

17 (A) to the Secretary by the Administrator

18 of General Services shall not include the

19 authority to prescribe general policies and

20 methods for utilizing excess property and

21 disposing of surplus property.

22 (3) WAIVER.—The Secretary may close or

23 reconfigure Department of Energy facilities under

24 this section without regard to any provision of law

25 restricting the use of funds for closing or
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1 reconfiguring such facilities included in any appro2 priations or authorization Act.

3 (e) ACCOUNT.—

4 (1) ESTABLISHMENT.—There is hereby estab5 lished on the books of the Treasury an account to

6 be known as the ‘‘Department of Energy Facility

7 Closure Account’’ which shall be administered by the

8 Secretary as a single account.

9 (2) CONTENT OF ACCOUNT.—There shall be de10 posited into the Account—

11 (A) funds authorized for and appropriated

12 to the Account;

13 (B) any funds that the Secretary may,

14 subject to approval in an appropriation Act,

15 transfer to the Account from funds appro16 priated to the Department of Energy for any

17 purpose, except that such funds may be trans18 ferred only after the date on which the Sec19 retary transmits written notice of, and justifica20 tion for, such transfer to the congressional en21 ergy committees; and

22 (C) proceeds received from the transfer or

23 disposal of any property at an office closed or

24 reconfigured under this section.
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1 (3) USE OF FUNDS.—The Secretary may use

2 the funds in the Account only for the purposes de3 scribed in subsection (d)(1).

4 (4) REPORTS.—

5 (A) IN GENERAL.—Not later than 60 days

6 after the end of each fiscal year in which the

7 Secretary carries out activities under this sec8 tion, the Secretary shall transmit a report to

9 the congressional energy committees of the

10 amount and nature of the deposits into, and the

11 expenditures from, the Account during such fis12 cal year and of the amount and nature of other

13 expenditures made pursuant to subsection

14 (d)(1) during such fiscal year.

15 (B) UNOBLIGATED FUNDS.—Unobligated

16 funds which remain in the Account after the

17 termination of the Commission shall be held in

18 the Account until transferred by law after the

19 congressional energy committees receive the re20 port transmitted under subparagraph (C).

21 (C) ACCOUNTING REPORT.—Not later than

22 60 days after the termination of the Commis23 sion, the Secretary shall transmit to the con24 gressional energy committees a report contain25 ing an accounting of—
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1 (i) all the funds deposited into and ex2 pended from the Account or otherwise ex3 pended under this section; and

4 (ii) any amount remaining in the Ac5 count.

6 (f) REPORTS ON IMPLEMENTATION.—As part of the

7 budget request for each fiscal year in which the Secretary

8 will carry out activities under this section, the Secretary

9 shall transmit to the congressional energy committees—

10 (1) a schedule of the closure and reconfigura11 tion actions to be carried out under this section in

12 the fiscal year for which the request is made and an

13 estimate of the total expenditures required and cost

14 savings to be achieved by each such closure and re15 configuration and of the time period in which these

16 savings are to be achieved in each case; and

17 (2) a description of the Department of Energy

18 facilities, including those under construction and

19 those planned for construction, to which functions

20 are to be transferred as a result of such closures and

21 reconfigurations.

22 (g) CONGRESSIONAL CONSIDERATION OF COMMIS23 SION REPORT.—

24 (1) TERMS OF THE RESOLUTION.—For pur25 poses of subsection (c)(2), the term ‘‘joint resolu-
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1 tion’’ means only a joint resolution which is intro2 duced within the 10-day period beginning on the

3 date on which the President transmits the report to

4 the Congress under subsection (b)(5), and—

5 (A) which does not have a preamble;

6 (B) the matter after the resolving clause of

7 which is as follows: ‘‘That Congress disapproves

8 the recommendations of the Department of En9 ergy Facilities Closure and Reconfiguration

10 Commission as submitted by the President on

11 lll’’, the blank space being filled in with

12 the appropriate date; and

13 (C) the title of which is as follows: ‘‘Joint

14 resolution disapproving the recommendations of

15 the Department of Energy Facilities Closure

16 and Reconfiguration Commission.’’.

17 (2) REFERRAL.—A resolution described in

18 paragraph (1) that is introduced in the House of

19 Representatives shall be referred to the Committee

20 on Armed Services and the Committee on Science,

21 Space, and Technology of the House of Representa22 tives. A resolution described in paragraph (1) intro23 duced in the Senate shall be referred to the Commit24 tee on Armed Services and the Committee on En25 ergy and Natural Resources of the Senate.
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1 (3) DISCHARGE.—If the committee to which a

2 resolution described in paragraph (1) is referred has

3 not reported such resolution (or an identical resolu4 tion) by the end of the 20-day period beginning on

5 the date on which the President transmits the report

6 to the Congress under subsection (b)(5), such com7 mittee shall be, at the end of such period, discharged

8 from further consideration of such resolution, and

9 such resolution shall be placed on the appropriate

10 calendar of the House involved.

11 (4) CONSIDERATION.—

12 (A) IN GENERAL.—On or after the third

13 day after the date on which the committee to

14 which such a resolution is referred has re15 ported, or has been discharged (under para16 graph (3)) from further consideration of, such

17 a resolution, it is in order (even though a pre18 vious motion to the same effect has been dis19 agreed to) for any Member of the respective

20 House to move to proceed to the consideration

21 of the resolution (but only on the day after the

22 calendar day on which such Member announces

23 to the House concerned the Member’s intention

24 to do so). All points of order against the resolu25 tion (and against consideration of the resolu-
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1 tion) are waived. The motion is highly privi2 leged in the House of Representatives and is

3 privileged in the Senate and is not debatable.

4 The motion is not subject to amendment, or to

5 a motion to postpone, or to a motion to proceed

6 to the consideration of other business. A motion

7 to reconsider the vote by which the motion is

8 agreed to or disagreed to shall not be in order.

9 If a motion to proceed to the consideration of

10 the resolution is agreed to, the respective House

11 shall immediately proceed to consideration of

12 the joint resolution without intervening motion,

13 order, or other business, and the resolution

14 shall remain the unfinished business of the re15 spective House until disposed of.

16 (B) DEBATE.—Debate on the resolution,

17 and on all debatable motions and appeals in

18 connection therewith, shall be limited to not

19 more than 2 hours, which shall be divided

20 equally between those favoring and those oppos21 ing the resolution. An amendment to the resolu22 tion is not in order. A motion further to limit

23 debate is in order and not debatable. A motion

24 to postpone, or a motion to proceed to the con25 sideration of other business, or a motion to re-
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1 commit the resolution is not in order. A motion

2 to reconsider the vote by which the resolution is

3 agreed to or disagreed to is not in order.

4 (C) QUORUM CALL.—Immediately follow5 ing the conclusion of the debate on a resolution

6 described in paragraph (1) and a single quorum

7 call at the conclusion of the debate if requested

8 in accordance with the rules of the appropriate

9 House, the vote on final passage of the resolu10 tion shall occur.

11 (D) APPEALS FROM DECISION OF CHAIR.—

12 Appeals from the decisions of the Chair relating

13 to the application of the rules of the Senate or

14 the House of Representatives, as the case may

15 be, to the procedure relating to a resolution de16 scribed in paragraph (1) shall be decided with17 out debate.

18 (5) CONSIDERATION BY OTHER HOUSE.—

19 (A) If, before the passage by one House of

20 a resolution of that House described in para21 graph (1), that House receives from the other

22 House a resolution described in paragraph (1),

23 then the following procedures shall apply:

24 (i) The resolution of the other House

25 shall not be referred to a committee and
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1 may not be considered in the House receiv2 ing it except in the case of final passage as

3 provided in clause (ii)(II).

4 (ii) With respect to a resolution de5 scribed in paragraph (1) of the House re6 ceiving the resolution—

7 (I) the procedure in that House

8 shall be the same as if no resolution

9 had been received from the other

10 House; but

11 (II) the vote on final passage

12 shall be on the resolution of the other

13 House.

14 (B) CONSIDERATION AFTER DISPOSITION

15 BY OTHER HOUSE.—Upon disposition of the

16 resolution received from the other House, it

17 shall no longer be in order to consider the reso18 lution that originated in the receiving House.

19 (6) RULES OF THE SENATE AND HOUSE.—This

20 subsection is enacted by Congress—

21 (A) as an exercise of the rulemaking power

22 of the Senate and House of Representatives, re23 spectively, and as such it is deemed a part of

24 the rules of each House, respectively, but appli25 cable only with respect to the procedure to be
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1 followed in that House in the case of a resolu2 tion described in paragraph (1), and it super3 sedes other rules only to the extent that it is in4 consistent with such rules; and

5 (B) with full recognition of the constitu6 tional right of either House to change the rules

7 (so far as relating to the procedure of that

8 House) at any time, in the same manner, and

9 to the same extent as in the case of any other

10 rule of that House.

11 (h) DEFINITIONS.—For purposes of this section:

12 (1) The term ‘‘Account’’ means the Department

13 of Energy Facility Closure Account established in

14 subsection (e)(1).

15 (2) The term ‘‘Commission’’ means the Depart16 ment of Energy Facilities Closure and Reconfigura17 tion Commission.

18 (3) The term ‘‘congressional energy commit19 tees’’ means the Committees on Armed Services of

20 the Senate and House of Representatives, the Com21 mittee on Science, Space, and Technology of the

22 House of Representatives, and the Committee on

23 Energy and Natural Resources of the Senate.

24 (4) The term ‘‘Secretary’’ means the Secretary

25 of Energy.
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1 SEC. 529. ALASKA POWER ADMINISTRATION SALE.

2 (a) SALE OF SNETTISHAM AND EKLUTNA HYDRO3 ELECTRIC PROJECTS.—(1) The Secretary of Energy may

4 sell the Snettisham Hydroelectric Project (referred to in

5 this section as ‘‘Snettisham’’) to the State of Alaska

6 Power Authority (now known as the Alaska Industrial De7 velopment and Export Authority, and referred to in this

8 section as the ‘‘Authority’’), or its successor, in accordance

9 with the February 10, 1989, Snettisham Purchase Agree10 ment between the Alaska Power Administration of the

11 United States Department of Energy and the Authority.

12 (2) The Secretary of Energy may sell the Eklutna

13 Hydroelectric Project (referred to in this section as

14 ‘‘Eklutna’’) to the Municipality of Anchorage doing busi15 ness as Municipal Light and Power, the Chugach Electric

16 Association, Inc., and the Matanuska Electric Association,

17 Inc. (referred to in this section as ‘‘Eklutna Purchasers’’)

18 in accordance with the August 2, 1989, Eklutna Purchase

19 Agreement between the United States Department of En20 ergy and the Eklutna Purchasers.

21 (3) The heads of other affected Federal departments

22 and agencies, including the Secretary of the Interior, shall

23 assist the Secretary of Energy in implementing the sales

24 authorized by this Act.
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1 (4) The Secretary of Energy shall deposit sale pro2 ceeds in the Treasury of the United States to the credit

3 of miscellaneous receipts.

4 (5) There are authorized to be appropriated such

5 sums as are necessary to prepare or acquire Eklutna and

6 Snettisham assets for sale and conveyance, such prepara7 tions to provide sufficient title to ensure the beneficial use,

8 enjoyment, and occupancy to the purchasers of the assets

9 to be sold.

10 (6) No later than one year after both of the sales

11 authorized in this subsection have occurred, as measured

12 by the Transaction Dates stipulated in the Purchase

13 Agreements, the Secretary of Energy shall—

14 (A) complete the business of, and close out, the

15 Alaska Power Administration; and

16 (B) prepare and submit to Congress a report

17 documenting the sales.

18 (b) ASSESSMENT OF ALTERNATIVE OPTIONS.—Be19 fore taking any action authorized in subsection (a), the

20 Secretary shall assess the feasibility of alternative options

21 for maximizing the return to the Treasury from the sale

22 of the Alaska Power Marketing Administration.
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1 SEC. 530. FEDERAL-PRIVATE COGENERATION OF ELEC2 TRICITY.

3 Section 804(2)(B) of the National Energy Conserva4 tion Policy Act (42 U.S.C. 8287c(2)(B)) is amended by

5 striking ‘‘, excluding any cogeneration process for other

6 than a federally owned building or buildings or other fed7 erally owned facilities’’.

8 SEC. 531. RESCISSION OF FUNDS FROM SPR PETROLEUM

9 ACCOUNT.

10 The unobligated balance of the funds in the SPR pe11 troleum account on the date of the enactment of this Act

12 is rescinded.

13 SEC. 532. STUDY OF TERMINATION OF HELIUM SUBSIDY.

14 (a) FINDINGS.—The Congress finds that—

15 (1) the United States Government’s helium re16 covery program was instituted in 1925, when helium

17 conservation was deemed to be a matter of national

18 security and no private sector helium recovery indus19 try existed;

20 (2) today, as compared to 1925, there is little

21 likelihood that the United States will have to field a

22 fleet of blimps on an emergency basis;

23 (3) private sources of helium are more than

24 adequate for serving existing and foreseeable future

25 national needs;
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1 (4) since 1925, there has been a dramatic in2 crease in private industry’s involvement in helium

3 recovery, as a result of the free market discovery of

4 numerous commercial uses for helium;

5 (5) currently, private industry accounts for 90

6 percent of all helium extraction and consumption;

7 (6) the Government’s helium recovery program

8 currently owes the Department of the Treasury

9 $1,400,000,000 and loses an additional

10 $120,000,000 yearly on interest alone, and there is

11 no prospect for repayment of this debt without sig12 nificant reform; and

13 (7) with combined public and private helium re14 serves considerably in excess of foreseeable national

15 helium needs, there is no longer any need for the

16 Federal Government to own and operate a helium

17 refining and marketing program.

18 (b) STUDY.—(1) The Secretary of the Interior, in

19 consultation with private industry, shall conduct a study

20 to determine how best to—

21 (A) sell or otherwise dispose of, at the best pos22 sible terms available to the United States, all facili23 ties, equipment, and other real or personal property,

24 or rights thereto, held by the United States in con25 nection with activities carried out under the Helium
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1 Act, unless such facilities, equipment, or other real

2 or personal property, or rights thereto, are required

3 for other Federal purposes;

4 (B) sell or otherwise dispose of, at the best pos5 sible terms available to the United States, the he6 lium reserves held by the United States other than

7 amounts required for the specific immediate needs of

8 the Federal Government, in a manner consistent

9 with the orderly conduct of commercial helium mar10 kets; and

11 (C) ensure the full repayment of loans made

12 under section 12 of the Helium Act.

13 (2) The Secretary of the Interior shall transmit to

14 the Congress within one year after the date of enactment

15 of this Act a report containing the results of the study

16 conducted under paragraph (1).

17 SEC. 533. RESCISSION OF FUNDS FOR LOW-PRIORITY

18 WATER PROJECTS.

19 (a) CORPS OF ENGINEERS GENERAL INVESTIGA20 TIONS.—Of the funds made available under the heading

21 ‘‘Corps of Engineers-Civil—General Investigations’’ in the

22 Energy and Water Development Appropriations Act, 1994

23 (Pub. L. 103–126), $24,970,000 is rescinded, to be de24 rived from projects that—
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1 (1) are not continuations of ongoing work

2 under contract;

3 (2) are not economically justified, or environ4 mentally beneficial in a manner commensurate with

5 costs;

6 (3) are not environmentally acceptable;

7 (4) are not in compliance with standard cost

8 sharing;

9 (5) do not have available the necessary non10 Federal sponsorship and funding;

11 (6) represent a Federal assumption of tradition12 ally non-Federal responsibility; or

13 (7) have not completed normal executive branch

14 project review requirements.

15 (b) CORPS OF ENGINEERS CONSTRUCTION.—Of the

16 funds made available under the heading ‘‘Corps of Engi17 neers-Civil—Construction, General’’ in the Energy and

18 Water Development Appropriations Act, 1994 (Pub. L.

19 103–126), $97,319,000 is rescinded, to be derived from

20 projects that—

21 (1) are not continuations of ongoing work

22 under contract;

23 (2) are not economically justified, or environ24 mentally beneficial in a manner commensurate with

25 costs;
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1 (3) are not environmentally acceptable;

2 (4) are not in compliance with standard cost

3 sharing;

4 (5) do not have available the necessary non5 Federal sponsorship and funding;

6 (6) represent a Federal assumption of tradition7 ally non-Federal responsibility; or

8 (7) have not completed normal executive branch

9 project review requirements.

10 (c) BUREAU OF RECLAMATION.—Of the funds made

11 available under the heading ‘‘Department of the Inte12 rior—Bureau of Reclamation—Construction Program’’ in

13 the Energy and Water Development Appropriations Act,

14 1994 (Pub. L. 103–126), $16,000,000 is rescinded, to be

15 derived from projects that—

16 (1) are not continuations of ongoing work

17 under contract;

18 (2) in the case of new projects, are inconsistent

19 with the priorities of the Secretary of the Interior;

20 (3) are not environmentally beneficial in a man21 ner commensurate with costs; or

22 (4) do not have available the necessary non23 Federal cost sharing.
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1 SEC. 534. PREFERENCE FOR INTERIM MEASURES IN

2 SUPERFUND RESPONSE ACTIONS.

3 (a) AMENDMENT OF CERCLA.—Section 121(a) of

4 the Comprehensive Environmental Response, Compensa5 tion, and Liability Act of 1980 (42 U.S.C. 9621(a)) is

6 amended by adding at the end the following: ‘‘Notwith7 standing any other provision of this Act, in selecting ap8 propriate remedial actions in any record of decision issued

9 on or after October 1, 1994, the President shall give a

10 preference to the use of institutional controls (such as

11 deed and access restrictions, monitoring, and provision of

12 alternate water supplies), containment methods (including

13 caps, slurry walls, and surface water diversion), and other

14 interim measures, rather than permanent treatment tech15 nologies, if such measures are sufficient to assure the pro16 tection of human health and the environment.’’.

17 (b) CLEANUP STANDARDS.—Section 121(d)(2) of the

18 Comprehensive Environmental Response, Compensation,

19 and Liability Act of 1980 (42 U.S.C. 9621(d)(2)) shall

20 not apply to any remedial action described in the amend21 ment made by subsection (a).

22 (c) AUTHORIZATION OF APPROPRIATIONS.—(1) Sec23 tion 517(b) of the Superfund Amendments and Reauthor24 ization Act of 1986 is amended by striking ‘‘and’’ at the

25 end of paragraph (8), by striking paragraph (9) and by

26 inserting the following after paragraph (8):
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1 ‘‘(9) 1995, $1,065,536,000,

2 ‘‘(10) 1996, $1,100,198,000,

3 ‘‘(11) 1997, $1,254,824,000, and

4 ‘‘(12) 1998, $1,321,018,000,’’.

5 (2) Section 9507(c) of the Internal Revenue Code of

6 1986 is amended by adding the following new paragraph

7 at the end thereof:

8 ‘‘(3) LIMITATION ON APPROPRIATIONS

9 FROM FUND.—For fiscal years 1995, 1996,

10 1997, and 1998, the total of all amounts au11 thorized to be appropriated from the Superfund

12 shall not exceed the amounts specified in para13 graphs (9) through (12) of the Superfund

14 Amendments and Reauthorization Act of

15 1986.’’.

16 (d) REPORT REQUIREMENT.—(1) The President

17 shall submit to Congress a report, during each of the 5

18 years listed in paragraph (2), on the use of measures

19 under the last sentence of section 121(a) of the Com20 prehensive Environmental Response, Compensation, and

21 Liability Act of 1980 (42 U.S.C. 9621), as required by

22 the amendment made by subsection (a). The report shall

23 cover the preceding fiscal year and shall include the esti24 mated savings resulting from the use of such measures

25 in comparison to using permanent treatment technologies.
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1 (2) The President shall submit the report required

2 by paragraph (1) by December 1 of 1995, 1996, 1997,

3 1998, and 1999.

4 SEC. 535. RESERVATION OF FUNDS FOR DISASTER RELIEF.

5 (a) ESTABLISHMENT OF DISASTER RELIEF AC6 COUNT.—On the date of the enactment of this Act the

7 Secretary of the Treasury shall establish a Disaster Relief

8 Account within the Office of the Secretary of the Treas9 ury.

10 (b) RESERVATION OF FUNDS.—For each domestic

11 discretionary spending account, the head of each Federal

12 agency shall transfer 1 percent of all funds appropriated

13 for each fiscal year beginning after September 30, 1993,

14 to the account established under subsection (a) upon en15 actment of the appropriations Act for the agency for the

16 fiscal year.

17 (c) TRANSFER OF FUNDS.—Upon enactment of an

18 emergency disaster supplemental appropriations Act, the

19 Secretary of the Treasury shall transfer such sums as are

20 specified in such Act with respect to a disaster declared

21 by the President from the Disaster Relief Account to the

22 accounts specified by such Act.

23 (d) USE OF DISASTER RELIEF ACCOUNT PRIOR TO

24 PROVISION OF EMERGENCY FUNDS IN EXCESS OF

25 CAPS.—All funds in the Disaster Relief Account estab-
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1 lished under subsection (a) shall be exhausted before any

2 funds shall be made available pursuant to section

3 251(b)(2)(D) of the Balanced Budget and Emergency

4 Deficit Control Act of 1985.

5 (e) RELEASE OF FUNDS.—Any funds reserved under

6 subsection (b) for a fiscal year which have not been trans7 ferred under subsection (c) by August 1 of such fiscal year

8 shall after that date be returned to the account from which

9 they were reserved in an amount proportionate to the

10 amount originally reserved under subsection (b) if no

11 emergency disaster supplemental appropriations bill has

12 been reported from a committee of, or passed by, the

13 House of Representatives or the Senate. If such a bill has

14 been so reported or passed by August 1, such funds as

15 may be required by such bill shall be retained in the Disas16 ter Relief Account established under subsection (a) until

17 transferred under subsection (c). Any funds in excess of

18 those required for such bill shall be returned to the ac19 counts from which they were reserved in an amount pro20 portionate to the amount originally reserved under sub21 section (b) upon enactment of such bill as law.

22 (f) DEFINITION.—For purposes of this section, the

23 term ‘‘domestic discretionary spending account’’ means

24 each budget account that was for purposes of section

25 601(a) of the Congressional Budget Act of 1974 consid-
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1 ered to be with respect to fiscal year 1993 within the do2 mestic discretionary category, and each new account not

3 classified as within function 050 or 150.

4 (g) RESCISSION OF FUNDS.—Of the funds made

5 available under the heading ‘‘Federal Emergency Manage6 ment Agency—Disaster Relief’’ in the Departments of

7 Veterans Affairs and Housing and Urban Development,

8 and Independent Agencies Appropriations Act, 1994 (Pub.

9 L. 103–124), $15,000,000 is rescinded.

10 SEC. 536. ELIMINATION OF WEATHER OFFICE CLOSURE

11 CERTIFICATION PROCEDURES.

12 (a) IN GENERAL.—Title VII of the National Oceanic

13 and Atmospheric Administration Authorization Act of

14 1992 is repealed.

15 (b) SENSE OF CONGRESS.—It is the sense of the

16 Congress that the repeal made by subsection (a) will not

17 result in a degradation of weather forecasting service.

18 (c) RESCISSION OF FUNDS.—Of the funds made

19 available under the heading ‘‘National Oceanic And At20 mospheric Administration—Operations, Research, and

21 Facilities’’ in the Departments of Commerce, Justice, and

22 State, the Judiciary, and Related Agencies Appropriations

23 Act, 1994 (Pub. L. 103–121), $20,000,000 is rescinded,

24 to be derived from the National Weather Service.
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1 SEC. 537. RESCISSION OF FUNDS FOR NOAA RESEARCH

2 FLEET.

3 Of the funds made available under the heading ‘‘Na4 tional Oceanic And Atmospheric Administration—Fleet

5 Modernization, Shipbuilding and Conversion’’ in the De6 partments of Commerce, Justice, and State, the Judiciary,

7 and Related Agencies Appropriations Act, 1994 (Pub. L.

8 103–121), $77,064,000 is rescinded.

9 SEC. 538. RESCISSION OF FUNDS FOR NOAA ADD-ONS.

10 Of the funds made available under the heading ‘‘Na11 tional Oceanic And Atmospheric Administration’’ in the

12 Departments of Commerce, Justice, and State, the Judici13 ary, and Related Agencies Appropriations Act, 1994 (Pub.

14 L. 103–121), there are rescinded the following amounts

15 from the following accounts:

16 (1) ‘‘Operations, Research, and Facilities’’,

17 $71,298,000.

18 (2) ‘‘Construction’’, $29,840,000.

19 (3) ‘‘Aircraft Procurement and Modernization’’,

20 $43,000,000.

21 SEC. 539. STUDY CONCERNING MERGER OF BUREAU OF

22 RECLAMATION AND UNITED STATES ARMY

23 CORPS OF ENGINEERS.

24 (a) FINDING.—The Congress finds—

25 (1) that similar functions should be adminis26 tered in the same agency;
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1 (2) that the Bureau of Reclamation is currently

2 reevaluating its mission; and

3 (3) now is the proper time for the Bureau of

4 Reclamation and the Corps of Engineers to evaluate

5 the feasibility of a merger.

6 (b) STUDY.—Not later than one year after the date

7 of enactment of this Act, the Secretary of the Interior,

8 acting through the Commissioner of Reclamation, and the

9 Secretary of the Army, acting through the Chief of Engi10 neers, shall jointly conduct a study and submit a report

11 to the Congress on merging the Bureau of Reclamation

12 with the Corps of Engineers. The study shall include an

13 examination of the administrative efficiencies that could

14 be achieved in addition to the change and reorganization

15 referred to in subsection (a), including—

16 (1) a the financial savings through administra17 tive efficiency that would be obtained through such

18 a merger; and

19 (2) the realignment of water projects such that

20 similar projects are treated in a similar manner.

21 SEC. 540. RESCISSION OF FUNDS FOR AGRICULTURE

22 BUILDING AND FACILITIES ACCOUNT.

23 Of the funds made available under the heading ‘‘Co24 operative State Research Service—Buildings and Facili25 ties’’ in the Agriculture, Rural Development, Food and
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1 Drug Administration, and Related Agencies Appropria2 tions Act, 1994 (Pub. L. 103–111), $56,874,000 is re3 scinded.

4 SEC. 541. REPEAL OF AUTHORIZATIONS FOR THE AIRWAY

5 SCIENCE PROGRAM, COLLEGIATE TRAINING

6 INITIATIVE, AND AIR CARRIER MAINTE7 NANCE TECHNICIAN TRAINING FACILITY

8 GRANT PROGRAM.

9 (a) AIRWAY SCIENCE PROGRAM.—All authority for—

10 (1) the Secretary of Transportation to enter

11 into grant agreements with universities or colleges

12 having an airway science curriculum recognized by

13 the Federal Aviation Administration for conducting

14 demonstration projects with respect to the develop15 ment, advancement, and expansion of airway science

16 programs, and

17 (2) the Federal Aviation Administration to

18 enter into competitive grant agreements with institu19 tions of higher education having airway science cur20 ricula,

21 and all authorizations to appropriate funds for such pur22 poses, including all authorizations for which funds were

23 appropriated for such purposes under the heading ‘‘Fed24 eral Aviation Administration, Facilities and Equipment’’
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1 in the Department of Transportation and Related Agen2 cies Appropriations Acts, 1994 are repealed.

3 (b) COLLEGIATE TRAINING INITIATIVE.—Section

4 362 of the Department of Transportation and Related

5 Agencies Appropriations Act, 1993 (106 Stat. 1560) is re6 pealed. Notwithstanding such repeal, the Administrator of

7 the Federal Aviation Administration may continue to con8 vert appointment of persons who have been appointed pur9 suant to such section prior to the effective date of this

10 Act from the excepted service to a career conditional or

11 career appointment in the competitive civil service, pursu12 ant to subsection (c) of such section.

13 (c) AIR CARRIER MAINTENANCE TECHNICIAN

14 TRAINING FACILITY GRANT PROGRAM.—Section 119 of

15 the Airport and Airway Safety, Capacity, Noise Improve16 ment, and Intermodal Transportation Act of 1992 (49

17 U.S.C. App. 1354 note; 106 Stat. 4883–4884) is repealed.

18 (d) RESCISSION OF FUNDS.—

19 (1) FAA OPERATIONS.—Of the funds made

20 available under the heading ‘‘Federal Aviation Ad21 ministration—Operations’’ in the Department of

22 Transportation and Related Agencies Appropriations

23 Act, 1994 (Pub. L. 103–122), $2,750,000 is re24 scinded, to be derived from grants to the Mid-Amer-
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1 ican Aviation Resource Consortium and vocational

2 technical institutions.

3 (2) FAA FACILITIES AND EQUIPMENT.—Of the

4 unobligated balance of funds made available under

5 the heading ‘‘Federal Aviation Administration—Fa6 cilities and Equipment’’ in appropriations Acts for

7 fiscal year 1994 and prior fiscal years, $40,257,111

8 is rescinded, to be derived from the airway science

9 program.

10 SEC. 542. REPEAL OF NATIONAL RECREATIONAL TRAILS

11 PROGRAM.

12 The Symms National Recreational Trails Act of 1991

13 (16 U.S.C. 1261–1262; 105 Stat. 2064–2069) is repealed.

14 SEC. 543. RESCISSION OF FUNDS FOR EDA.

15 Of the funds made available under the heading ‘‘Eco16 nomic Development Administration—Economic Develop17 ment Assistance Programs’’ in the Departments of Com18 merce, Justice, and State, the Judiciary, and Related

19 Agencies Appropriations Act, 1994 (Pub. L. 103–121),

20 $159,892,000 is rescinded.

21 SEC. 544. ELIMINATION OF FUNDING FOR PUBLIC TELE22 COMMUNICATIONS FACILITIES.

23 (a) REPEAL OF AUTHORIZATION OF APPROPRIA24 TIONS.—Subpart A of Part IV of title III of the Commu25 nications Act of 1934 (47 U.S.C. 390–393a) is repealed.
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1 (b) RESCISSION OF FUNDS.—Of the funds made

2 available under the heading ‘‘National Telecommuni3 cations and Information Administration—Public Tele4 communications Facilities, Planning and Construction’’ in

5 the Departments of Commerce, Justice, and State, the Ju6 diciary, and Related Agencies Appropriations Act, 1994

7 (Pub. L. 103–121), $24,000,000 is rescinded.

8 SEC. 545. MORATORIUM ON CONSTRUCTION AND ACQUISI9 TION OF NEW FEDERAL BUILDINGS.

10 (a) GENERAL RULE.—After the date of the enact11 ment of this Act and before October 1, 1998, the Adminis12 trator of General Services may not obligate any funds for

13 construction or acquisition of any public building under

14 the authority of the Public Buildings Act of 1959 or any

15 other provision of law (other than a public building under

16 construction or under contract for acquisition on such date

17 of enactment).

18 (b) PUBLIC BUILDING DEFINED.—In this section,

19 the term ‘‘public building’’ has the meaning such term has

20 under the Public Buildings Act of 1959.

21 Subtitle C—Government

22 Management

23 SEC. 551. GOVERNMENT INFORMATION DISSEMINATION

24 AND PRINTING IMPROVEMENT.

25 (a) TRANSFER OF FUNCTIONS.—
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1 (1) PUBLIC PRINTER.—The position of Public

2 Printer and all functions of the position of Public

3 Printer (other than functions of the Superintendent

4 of Documents) under title 44, United States Code,

5 or any other provision of law are transferred from

6 the legislative branch of the Government to the exec7 utive branch of the Government.

8 (2) SUPERINTENDENT OF DOCUMENTS.—The

9 position of Superintendent of Documents and all

10 functions of the position of Superintendent of Docu11 ments under title 44, United States Code, or any

12 other provision of law are transferred to the Library

13 of Congress and shall be carried out by the Super14 intendent of Documents under the direction of the

15 Librarian of Congress. The Superintendent of Docu16 ments shall be appointed by, and serve at the pleas17 ure of, the Librarian of Congress.

18 (3) REVOCATION OF CHARTERS.—All printing

19 plant charters authorized under section 501 of title

20 44, United States Code, are revoked.

21 (4) EFFECTIVE DATE.—The transfer under

22 paragraph (1) and the revocation under paragraph

23 (3) shall each take effect 2 years after the date of

24 the enactment of this Act. The transfer under para-
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1 graph (2) shall take effect one year after the date

2 of the enactment of this Act.

3 (b) GOVERNMENT PUBLICATIONS TO BE AVAILABLE

4 THROUGHOUT THE GOVERNMENT.—All Government pub5 lications shall be available throughout the Government to

6 any department, agency, or entity of the Government for

7 use or redissemination.

8 (c) INVENTORY AND FURNISHING OF GOVERNMENT

9 PUBLICATIONS.—Each department, agency, and other en10 tity of the Government shall—

11 (1) establish and maintain a comprehensive in12 ventory of its Government publications;

13 (2) make such inventory available through the

14 electronic directory under chapter 41 of title 44,

15 United States Code; and

16 (3) in the form and manner prescribed by the

17 Superintendent of Documents, furnish its Govern18 ment publications to the Superintendent of Docu19 ments.

20 (d) ADDITIONAL RESPONSIBILITIES OF THE PUBLIC

21 PRINTER.—

22 (1) IN GENERAL.—The Public Printer shall,

23 with respect to the executive branch of the Govern24 ment and the judicial branch of the Government—
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1 (A) use all necessary measures to remedy

2 neglect, delay, duplication, and waste in the

3 public printing and binding of Government pub4 lications, including the reduction and elimi5 nation of internal printing and high-speed du6 plicating capacities of departments, agencies,

7 and entities;

8 (B) prescribe Government publishing

9 standards, which, to the greatest extent prac10 ticable, shall be consistent with the United

11 States Government Printing Office Style Man12 ual;

13 (C) prescribe Government procurement

14 and manufacturing requirements for printing

15 paper and writing paper, which, to the greatest

16 extent practicable, shall be consistent with Gov17 ernment Paper Specification Standards;

18 (D) authorize the acquisition and transfer

19 of equipment requisitioned by publishing facili20 ties authorized under section 501 of title 44,

21 United States Code;

22 (E) authorize the disposal of such equip23 ment pursuant to section 312 of title 44,

24 United States Code; and
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1 (F) establish policy for the acquisition of

2 printing, which, to the greatest extent prac3 ticable, shall be consistent with (i) Printing

4 Procurement Regulation (GPO Publication

5 305.3), (ii) Government Printing and Binding

6 Regulations (JCP No. 26), and (ii) Printing

7 Procurement Department Instruction

8 (PP304.1B).

9 (2) POLICY STANDARDS.—The policy referred

10 to in paragraph (1)(F) shall be formulated to maxi11 mize competitive procurement from the private sec12 tor. Government in-house printing and duplicating

13 operations authorized under section 501 of title 44,

14 United States Code, or otherwise authorized by law,

15 may be used if they provide printing at the lowest

16 cost to the Government, taking into consideration

17 the total expense of production, materials, labor,

18 equipment, and general and administrative expense,

19 including all levels of overhead.

20 (e) ADDITIONAL RESPONSIBILITIES OF THE SUPER21 INTENDENT OF DOCUMENTS.—

22 (1) GOVERNMENT PUBLICATIONS TO BE FUR23 NISHED TO THE SUPERINTENDENT OF DOCU24 MENTS.—If a department, agency, or other entity of

25 the Government publishes a Government publication,
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1 the head of the department, agency, or entity shall

2 furnish the Government publication to the Super3 intendent of Documents not later than the date of

4 release of the material to the public.

5 (2) DISSEMINATION OR REPUBLICATION.—In

6 addition to any other dissemination provided for by

7 law, the Superintendent of Documents shall dissemi8 nate or republish Government publications, if, as de9 termined by the Superintendent, the dissemination

10 by the department, agency, or entity of the Govern11 ment is inadequate. The Superintendent shall have

12 authority to carry out the preceding sentence by ap13 propriate means, including the dissemination and re14 publication of Government publications furnished

15 under paragraph (1), with the cost of dissemination

16 and republication to be borne by the department,

17 agency, or entity involved.

18 (3) COST.—The cost charged to the public by

19 the superintendent of documents under paragraph

20 (2) for any government publication (whether such

21 government publication is made available to the pub22 lic by a department, agency, or entity of the govern23 ment, or by the superintendent of documents) may

24 include the incremental cost of dissemination, but

25 may not include any profit.
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1 (f) DEPOSITORY LIBRARIES..—In addition to any

2 other distribution provided for by law, the Superintendent

3 of Documents shall make Government publications avail4 able to designated depository libraries and State libraries.

5 The Superintendent shall have authority to carry out the

6 preceding sentence by appropriate means, including the

7 dissemination and republication of Government publica8 tions furnished under subsection (e)(1), with the cost of

9 dissemination and republication to be borne by the depart10 ment, agency, or entity involved.

11 (g) DEFINITIONS.—As used in this section—

12 (1) the term ‘‘Government publication’’ means

13 any informational matter that is published at Gov14 ernment expense, or as required by law; and

15 (2) the term ‘‘publish’’ means, with respect to

16 informational matter, make available for dissemina17 tion.

18 SEC. 552. SENSE OF CONGRESS REGARDING REORGANIZA19 TION OF BUREAU OF INDIAN AFFAIRS.

20 It is the sense of the Congress that—

21 (1) the Bureau of Indian Affairs should be re22 organized, with special attention given to reorganiz23 ing the Bureau’s 12 area offices into not more than

24 5 regional service centers and 2 special service of25 fices; and
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1 (2) such reorganization should be pursued in

2 coordination with the Task Force on Bureau of In3 dian Affairs reorganization, as provided in the De4 partment of the Interior and Related Agencies Ap5 propriations Act, 1994 (Pub. L. 103–138).

6 SEC. 553. RESCISSION OF FUNDS FOR PRINTING AND RE7 PRODUCTION AND FOR SUPPLIES AND MATE8 RIALS.

9 (a) IN GENERAL.—Of the funds made available in

10 appropriations Acts for fiscal year 1994 to the following

11 agencies for printing and reproduction and for supplies

12 and materials, the following amounts are rescinded:

13 (1) Department of Agriculture, $186,000,000.

14 (2) Department of Commerce, $6,000,000.

15 (3) Department of Health and Human Services,

16 $22,400,000.

17 (4) Department of the Interior, $14,400,000.

18 (5) Department of Justice, $15,600,000.

19 (6) Department of Labor, $2,000,000.

20 (7) Department of State, $4,400,000.

21 (8) Department of the Treasury, $13,200,000.

22 (9) Department of Education, $400,000.

23 (10) Department of Energy, $2,800,000.

24 (11) Environmental Protection Agency,

25 $11,200,000.
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1 (12) Department of Transportation,

2 $33,200,000.

3 (13) Department of Housing and Urban Devel4 opment, $240,000.

5 (14) Department of Veterans Affairs,

6 $97,200,000.

7 (b) ALLOCATION.—The Director of the Office of

8 Management and Budget shall allocate the rescissions

9 made by subsection (a) among the appropriate accounts,

10 and shall submit to the Congress a report setting forth

11 such allocation.

12 SEC. 554. STREAMLINING OF DEPARTMENT OF HOUSING

13 AND URBAN DEVELOPMENT.

14 (a) IN GENERAL.—During the 5-year period begin15 ning on the date of the enactment of this Act, the Sec16 retary of Housing and Urban Development shall stream17 line the headquarters, regional, and field office structure

18 of the Department of Housing and Urban Development

19 by consolidating various such offices and reducing the size

20 of the Department, without regard to the requirements of

21 section 7(p) of the Department of Housing and Urban De22 velopment Act.

23 (b) WORKFORCE REDUCTIONS.—In carrying out sub24 section (a), during the period referred to in such sub25 section, the Secretary of Housing and Urban Development
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1 shall eliminate not less than 1,500 full-time employment

2 positions in the Department of Housing and Urban Devel3 opment.

4 SEC. 555. TERMINATION OF INTERSTATE COMMERCE COM5 MISSION.

6 (a) IN GENERAL.—There are transferred to the Sec7 retary, effective January 1, 1994, all functions of the

8 Commission.

9 (b) AUTHORITY OF OFFICE OF MANAGEMENT AND

10 BUDGET.—The Director of the Office of Management and

11 Budget, in consultation with the Commission and the Sec12 retary, may make such determinations as may be nec13 essary with regard to the functions transferred by this sec14 tion, and make such additional incidental dispositions of

15 assets, liabilities, contracts, property, and records, as may

16 be necessary to carry out the provisions of this section.

17 The unobligated funds of the Commission shall not be

18 transferred to the Department of Transportation in order

19 to carry out the transfer of functions under this section,

20 and the number of full-time employee positions within the

21 Department of Transportation shall not be increased as

22 a result of such transfer of functions.

23 (c) JOINT PLANNING FOR TRANSFER.—The Chair24 man of the Commission and the Secretary shall, beginning

25 as soon as practicable after the date of enactment of this
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1 section, jointly plan for the orderly transfer of functions

2 under this section.

3 (d) INTERIM USE OF INTERSTATE COMMERCE COM4 MISSION PERSONNEL.—Prior to January 1, 1994, and

5 with the consent of the Commission, the Secretary may

6 use the services of officers, employees, and other personnel

7 of the Commission under such terms and conditions as

8 will reasonably facilitate the orderly transfer of functions

9 under this section.

10 (e) SAVINGS PROVISIONS.—

11 (1) IN GENERAL.—All orders, determinations,

12 rules, regulations, permits, contracts, certificates, li13 censes, and privileges—

14 (A) which have been issued, made, grant15 ed, or allowed to become effective by any agency

16 or official thereof, or by a court of competent

17 jurisdiction, in the performance of any function

18 which is transferred by this section to the Sec19 retary from the Commission; and

20 (B) which are in effect immediately before

21 the transfer of functions by this section,

22 shall continue in effect according to their terms until

23 modified, terminated, superseded, set aside, or re24 voked in accordance with law by the Secretary or
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1 any other duly authorized official, by any court of

2 competent jurisdiction, or by operation of law.

3 (2) CONTINUATION OF PROCEEDINGS.—The

4 transfer of functions by this section shall not affect

5 any proceedings, including rulemaking proceedings,

6 or any application for any license, permit, or certifi7 cate, pending before the Commission immediately

8 before the transfer takes effect. Such proceedings

9 and applications shall be continued at the Depart10 ment of Transportation. Orders shall be issued in

11 such proceedings, and appeals shall be taken there12 from, as if this section had not been enacted; and

13 orders issued in any such proceedings shall continue

14 in effect until modified, terminated, superseded, or

15 revoked by the Secretary of Transportation, by a

16 court of competent jurisdiction, or by operation of

17 law. Nothing in this subsection shall be deemed to

18 prohibit the discontinuance or modification of any

19 such proceeding under the same terms and condi20 tions and to the same extent that such proceeding

21 could have been discontinued or modified if this sec22 tion had not been enacted.

23 (3) EFFECT ON PENDING CIVIL ACTIONS.—Ex24 cept as provided in paragraph (5)—
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1 (A) the transfer of any function under this

2 section shall not affect any civil action relating

3 to such function which is commenced prior to

4 the date the transfer takes effect; and

5 (B) in all such actions, proceedings shall

6 be had, appeals taken, and judgments rendered,

7 in the same manner and effect as if this section

8 had not been enacted.

9 (4) NONABATEMENT OF ACTIONS.—No action

10 or other proceeding commenced by or against any

11 officer in that officer’s official capacity as an officer

12 of the Commission shall abate by reason of the

13 transfer of any function under this section. No cause

14 of action by or against the Commission, or by or

15 against any officer thereof in that officer’s official

16 capacity, shall abate by reason of the transfer of any

17 function under this section.

18 (5) JUDICIAL ADMINISTRATIVE PROVISION.—If

19 immediately before the transfer of functions by this

20 section the Commission or any officer thereof in that

21 officer’s official capacity is a party to an action re22 lating to a function transfer by this section, then

23 such action shall be continued with the Secretary or

24 other appropriate official of the Department of

25 Transportation substituted or added as a party.
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1 (6) REFERENCES.—With respect to any func2 tion transferred by this section and performed on or

3 after the effective date of the transfer, reference in

4 any Federal law to the Interstate Commerce Com5 mission or the Commission (insofar as such term re6 fers to the Interstate Commerce Commission), or to

7 any officer or office thereof, shall be deemed to refer

8 to the Department of Transportation, or other offi9 cial or component of the Department of Transpor10 tation in which such function vests.

11 (7) EXERCISE OF FUNCTIONS BY SEC12 RETARY.—In the exercise of any function trans13 ferred by this section, the Secretary shall have the

14 same authority as that vested in the Commission

15 with respect to such function immediately preceding

16 its transfer, and actions of the Secretary shall have

17 the same force and effect as when exercised by the

18 Commission. Orders and actions of the Secretary in

19 the exercise of the functions transferred under this

20 section shall be subject to judicial review to the same

21 extent and in the same manner as if such orders and

22 actions had been by the Commission in the exercise

23 of such functions immediately preceding their trans24 fer. Any statutory requirements relating to notice,

25 hearings, actions upon the record, or administrative
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1 review that apply to any functions transferred by

2 this section shall apply to the exercise of such func3 tions by the Secretary.

4 (f) REPORTS.—No later than July 1, 1994, the Sec5 retary shall submit to the appropriate committees of Con6 gress a report on the functions transferred from the Com7 mission to the Department of Transportation under this

8 section. The report shall include—

9 (1) an assessment of benefits compared to costs

10 associated with each of these functions, both with re11 spect to persons affected directly and to the public

12 generally;

13 (2) recommendations for the elimination of

14 functions identified as redundant, or substantially

15 the same as functions or services which are per16 formed by the Department of Transportation or

17 other public or private organizations prior to the

18 transfer of functions under this section; and

19 (3) recommendations to modify or eliminate

20 those functions that do not provide substantial eco21 nomic or safety benefits to the general public.

22 (g) CONFORMING AMENDMENTS.—

23 (1) EXECUTIVE LEVEL PAY RATES.—
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1 (A) Section 5314 of title 5, United States

2 Code, is amended by striking ‘‘Chairman, Inter3 state Commerce Commission.’’.

4 (B) Section 5315 of title 5, United States

5 Code, is amended by striking ‘‘Members, Inter6 state Commerce Commission.’’.

7 (2) TERMINATION OF COMMISSION.—Sections

8 10301 through 10308 of title 49, United States

9 Code, are repealed.

10 (3) EFFECTIVE DATE.—The amendments made

11 by this section shall become effective on January 1,

12 1994.

13 (h) DEFINITIONS.—In this section—

14 (1) the term ‘‘Commission’’ means the Inter15 state Commerce Commission;

16 (2) the term ‘‘function’’ means a function,

17 power, or duty; and

18 (3) the term ‘‘Secretary’’ means the Secretary

19 of Transportation.

20 (i) RESCISSION AND TRANSFER OF FUNDS.—Of the

21 funds made available under the heading ‘‘Interstate Com22 merce Commission—Salaries and Expenses’’ in the De23 partment of Transportation and Related Agencies Appro24 priations Act, 1994 (Pub. L. 103–122)—

25 (1) $18,000,000 is rescinded; and
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1 (2) $15,000,000 shall be transferred to and

2 merged with the appropriation in such Act for ‘‘DE3 PARTMENT OF TRANSPORTATION—OFFICE

4 OF THE SECRETARY—Immediate Office of the

5 Secretary’’.

6 SEC. 556. RESCISSION OF FUNDS FROM TENNESSEE VAL7 LEY AUTHORITY FUND.

8 Of the funds in the Area and Regional Account of

9 the Tennessee Valley Authority Fund, $23,000,000 is re10 scinded.

11 SEC. 557. RESCISSION OF FUNDS FOR APPALACHIAN RE12 GIONAL COMMISSION.

13 Of the funds made available under the heading ‘‘Ap14 palachian Regional Commission’’ in the Energy and Water

15 Development Appropriations Act, 1994 (Pub. L. 103–

16 126), $59,000,000 is rescinded.

17 SEC. 558. IMPROVEMENTS TO MANAGMENT OF VETERANS’

18 HOSPITALS.

19 The Secretary of Veterans Affairs, in consultation

20 with the Secretary of Health and Human Services, shall

21 implement for the Veterans Health Administration a fi22 nancing system known as a ‘‘Prospective Payment Sys23 tem’’. In implementing such a system, the Secretary shall

24 classify each individual receiving health care and services

25 under chapter 17 of title 38, United States Code, in a
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1 Diagnosis-Related Group (DRG). The Prospective Pay2 ment System implemented by the Secretary shall be mod3 eled as closely as is practicable on the Prospective Pay4 ment System in use for the Medicare program under title

5 XVIII of the Social Security Act. The Secretary may, to

6 the extent necessary to implement this section, waive any

7 provisions of law inconsistent with this section. In imple8 menting this section, it shall be a goal of the Secretary

9 to achieve savings in outlays for the Department of Veter10 ans Affairs medical system of not less than

11 $1,000,000,000 over the five-year period of fiscal years

12 1994 through 1998.

13 SEC. 559. RESCISSION OF FUNDS FOR LEGAL SERVICES

14 CORPORATION.

15 Of the funds made available under the heading

16 ‘‘Legal Services Corporation—Payment to the Legal Serv17 ices Corporation’’ in the Departments of Commerce, Jus18 tice, and State, the Judiciary, and Related Agencies Ap19 propriations Act, 1994 (Pub. L. 103–121), $20,000,000

20 is rescinded.

21 SEC. 560. TERMINATION OF STATE JUSTICE INSTITUTE.

22 (a) IN GENERAL.—The State Justice Institute Act

23 of 1984 (42 U.S.C. 10701 et seq.) is repealed.

24 (b) RESCISSION OF FUNDS.—Of the funds made

25 available under the heading ‘‘State Justice Institute—Sal-
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1 aries and Expenses’’ in the Departments of Commerce,

2 Justice, and State, the Judiciary, and Related Agencies

3 Appropriations Act, 1994 (Pub. L. 103–121), $6,775,000

4 is rescinded.

5 SEC. 561. IMPROVEMENT OF U.S. MARSHALS SERVICE.

6 (a) PHASING OUT OF POLITICAL APPOINTEES.—

7 (1) UNCONFIRMED APPOINTEES.—Any individ8 ual serving as a United States marshal to whose ap9 pointment to such office the Senate has not given its

10 advice and consent as of the date of the enactment

11 of this Act, may no longer serve in such position on

12 or after such date of enactment, except pursuant to

13 appointment by the Attorney General under the

14 amendments made by this section. The Attorney

15 General shall, before appointing any other individual

16 to such vacated position, offer such vacated position

17 to the individual then serving as deputy marshal in

18 that office of United States marshal. The individual

19 appointed to fill such vacated position shall be ap20 pointed for the remainder of the unexpired term of

21 his or her predecessor.

22 (2) CONFIRMED APPOINTEES.—Any individual

23 who, on the date of the enactment of this Act, is a

24 United States marshal to whose appointment the

25 Senate has given its advice and consent, may not
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1 serve in such position on or after December 31,

2 1994, except pursuant to appointment by the Attor3 ney General under the amendments made by this

4 section. The Attorney General shall, before appoint5 ing any other individual to such vacated position,

6 offer such vacated position to the individual then

7 serving as deputy marshal in that office of United

8 States marshal. The individual appointed to fill such

9 vacated position shall be appointed for the remain10 der of the unexpired term of his or her predecessor.

11 (b) APPOINTMENT OF UNITED STATES MAR12 SHALS.—Section 561 of title 28, United States Code, is

13 amended—

14 (1) in subsection (c) by striking ‘‘The President

15 shall appoint, by and with the advice and consent of

16 the Senate,’’ and inserting ‘‘The Attorney General

17 shall appoint’’; and

18 (2) in subsection (d) by striking ‘‘President’’

19 and inserting ‘‘Attorney General’’.

20 (c) OVERALL REDUCTION IN NUMBER OF POSI21 TIONS.—

22 (1) ELIMINATION OF POSITIONS OF DEPUTY

23 MARSHAL.—The position of deputy marshal in the

24 70 judicial districts having the least population of all

25 judicial districts shall be abolished, as of—
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1 (A) the date of the enactment of this Act,

2 in a case in which subsection (a)(1) applies; or

3 (B) the date on which the United States

4 marshal leaves office under the first sentence of

5 subsection (a)(2), in a case in which such sub6 section applies;

7 and no equivalent position in such districts shall

8 thereafter be created.

9 (2) OVERALL REDUCTION.—The number of

10 full-time equivalent positions in the United States

11 Marshals Service as of January 1, 1995, may not

12 exceed the number of full-time equivalent positions

13 in the United States Marshals Service on the date

14 of the enactment of this Act, minus 70.

15 (d) CONFORMING AMENDMENTS.—(1) Section 562 of

16 title 28, United States Code, and the item relating to such

17 section in the table of sections at the beginning of chapter

18 37 of such title, are repealed.

19 (2) Section 569 of such title is amended—

20 (A) by striking ‘‘(a)’’; and

21 (B) by striking subsection (b).

22 SEC. 562. RESCISSION OF FUNDS FOR BATF.

23 Of the funds made available under the heading ‘‘Bu24 reau of Alcohol, Tobacco and Firearms—Salaries and Ex25 penses’’ in the Treasury, Postal Service, and General Gov-
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1 ernment Appropriations Act, 1994 (Pub. L. 103–123),

2 $2,000,000 is rescinded.

3 SEC. 563. RESCISSION OF FUNDS FOR CONSTRUCTION OF

4 NEW FEDERAL OFFICES AND COURTHOUSES.

5 Of the funds made available under the heading ‘‘Gen6 eral Services Administration—Federal Buildings Fund’’

7 in the Treasury, Postal Service, and General Government

8 Appropriations Act, 1994 (Pub. L. 103–123),

9 $288,000,000 is rescinded.

10 SEC. 564. LIMITATION ON OFFICE EQUIPMENT AND FUR11 NISHINGS PURCHASES BY DEPARTING MEM12 BERS OF HOUSE OF REPRESENTATIVES.

13 The first section of the Act entitled ‘‘An Act to au14 thorize the disposition of certain office equipment and fur15 nishings, and for other purposes’’, enacted October 20,

16 1974 (2 U.S.C. 59a) is repealed.

17 SEC. 565. RESCISSION OF FUNDS FOR EXECUTIVE OFFICE

18 OF THE PRESIDENT.

19 (a) IN GENERAL.—Of the funds made available for

20 each account under the heading ‘‘Executive Office of the

21 President and Funds Appropriated to the President’’ in

22 the Treasury, Postal Service, and General Government

23 Appropriations Act, 1994 (Pub. L. 103–123), there is re24 scinded an amount equal to 5 percent of such funds.
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1 (b) ADDITIONAL OFFICES.—Of the funds made avail2 able for each account under the heading ‘‘Executive Office

3 of the President’’ in the Departments of Veterans Affairs

4 and Housing and Urban Development, and Independent

5 Agencies Appropriations Act, 1994 (Pub. L. 103–124),

6 there is rescinded an amount equal to 5 percent of such

7 funds.

8 SEC. 566. RESCISSION OF FUNDS FOR LEGISLATIVE

9 BRANCH.

10 (a) IN GENERAL.—Of the funds made available for

11 each account in the Legislative Branch Appropriations

12 Act, 1994 (Pub. L. 103–69), there is rescinded an amount

13 equal to 7.5 percent of such funds.

14 (b) EXCEPTIONS.—Subsection (a) shall not apply

15 to—

16 (1) funds made available under the heading

17 ‘‘Congressional Operations—Senate’’; or

18 (2) funds for which amounts are rescinded by

19 section 317.

20 SEC. 567. RESCISSION OF FUNDS FOR HOUSE FRANKING.

21 Of the funds made available under the heading

22 ‘‘House of Representatives—Salaries and Expenses’’ in

23 the Legislative Branch Appropriations Act, 1994 (Pub. L.

24 103–69), $12,000,000 is rescinded, to be derived from

25 ‘‘Official Mail Costs’’.
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1 SEC. 568. PROVISIONS RELATING TO ANNUAL PAY ADJUST2 MENTS FOR MEMBERS OF CONGRESS.

3 (a) CALENDAR YEAR 1994.—Notwithstanding sec4 tion 601(a)(2) of the Legislative Reorganization Act of

5 1946 (2 U.S.C. 31(2)), the cost of living adjustment (re6 lating to pay for Members of Congress) which would be7 come effective under such provision of law during calendar

8 year 1994 shall not take effect.

9 (b) LIMITATION ON FUTURE ADJUSTMENTS.—Effec10 tive as of December 31, 1994, paragraph (2) of section

11 601(a) of the Legislative Reorganization Act of 1946 is

12 amended—

13 (1) by striking ‘‘(2) Effective’’ and inserting

14 ‘‘(2)(A) Subject to subparagraph (B), effective’’; and

15 (2) by adding at the end the following:

16 ‘‘(B) In no event shall the percentage adjustment tak17 ing effect under subparagraph (A) in any calendar year

18 exceed the percentage adjustment taking effect in such

19 calendar year under section 5303 of title 5, United States

20 Code, in the rates of pay under the General Schedule.’’.

21 SEC. 569. SES ANNUAL LEAVE ACCUMULATION.

22 (a) IN GENERAL.—Effective on the last day of the

23 last applicable pay period beginning in calendar year

24 1993, subsection (f) of section 6304 of title 5, United

25 States Code, is repealed.
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1 (b) SAVINGS PROVISION.—Notwithstanding the

2 amendment made by subsection (a), in the case of an em3 ployee who, on the effective date of subsection (a), is sub4 ject to subsection (f) of section 6304 of title 5, United

5 States Code, and who has to such employee’s credit annual

6 leave in excess of the maximum accumulation otherwise

7 permitted by subsection (a) or (b) of section 6304, such

8 excess annual leave shall remain to the credit of the em9 ployee and be subject to reduction, in the same manner

10 as provided in subsection (c) of section 6304.

11 (c) CONFORMING AMENDMENT.—Section 6304(a) of

12 title 5, United States Code, is amended by striking ‘‘(e),

13 (f), and (g)’’ and inserting ‘‘(e) and (g)’’, effective as of

14 the effective date of subsection (a).

15 (d) RESCISSION OF FUNDS.—Of the aggregate funds

16 made available to executive departments and agencies in

17 appropriations Act for fiscal year 1994 for purposes of

18 payments for accrued leave upon termination of employ19 ment, $2,000,000 is rescinded. The Director of the Office

20 of Management and Budget shall allocate such rescission

21 among the appropriate accounts, and shall submit to the

22 Congress a report setting forth such allocation.
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1 SEC. 570. REDUCTION OF FEDERAL FULL-TIME EQUIVA2 LENT POSITIONS.

3 (a) DEFINITION.—For purposes of this section, the

4 term ‘‘agency’’ means an Executive agency as defined

5 under section 105 of title 5, United States Code, but does

6 not include the General Accounting Office.

7 (b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI8 TIONS.—The President, through the Office of Manage9 ment and Budget (in consultation with the Office of Per10 sonnel Management), shall ensure that the total number

11 of full-time equivalent positions in all agencies shall not

12 exceed—

13 (1) 2,053,600 during fiscal year 1994;

14 (2) 1,999,600 during fiscal year 1995;

15 (3) 1,945,600 during fiscal year 1996;

16 (4) 1,895,600 during fiscal year 1997; and

17 (5) 1,851,600 during fiscal year 1998.

18 (c) MONITORING AND NOTIFICATION.—The Office of

19 Management and Budget, after consultation with the Of20 fice of Personnel Management, shall—

21 (1) continuously monitor all agencies and make

22 a determination on the first date of each quarter of

23 each applicable fiscal year of whether the require24 ments under subsection (b) are met; and

25 (2) notify the President and the Congress on

26 the first date of each quarter of each applicable fis-
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•HR 3721 IH

1 cal year of any determination that any requirement

2 of subsection (b) is not met.

3 (d) COMPLIANCE.—If at any time during a fiscal

4 year, the Office of Management and Budget notifies the

5 President and the Congress that any requirement under

6 subsection (b) is not met, no agency may hire any em7 ployee for any position in such agency until the Office of

8 Management and Budget notifies the President and the

9 Congress that the total number of full-time equivalent po10 sitions for all agencies equals or is less than the applicable

11 number required under subsection (b).

12 (e) WAIVER.—Any provision of this section may be

13 waived upon—

14 (1) a determination by the President of the ex15 istence of war or a national security requirement; or

16 (2) the enactment of a joint resolution upon an

17 affirmative vote of three-fifths of the Members of

18 each House of the Congress duly chosen and sworn.

19 (f) RESCISSION OF FUNDS.—Of the aggregate funds

20 made available to executive departments and agencies in

21 appropriations Act for fiscal year 1994 for purposes of

22 employee compensation, $2,122,000,000 is rescinded. The

23 Director of the Office of Management and Budget shall

24 allocate such rescission among the appropriate accounts,
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1 and shall submit to the Congress a report setting forth

2 such allocation.

3 SEC. 571. RESCISSION OF FUNDS FOR TRAVEL ACCOUNTS.

4 (a) IN GENERAL.—Of the funds made available in

5 any appropriations Act for fiscal year 1994 to any execu6 tive department or agency, or any entity in the legislative

7 branch, for purposes of official travel, 15 percent is re8 scinded. The Director of the Office of Management and

9 Budget shall allocate such rescission among the appro10 priate accounts, and shall submit to the Congress a report

11 setting forth such allocation.

12 (b) EXCEPTIONS.—Subsection (a) shall not apply

13 to—

14 (1) the Department of Defense, the Department

15 of Justice, the Department of State, the Department

16 of the Treasury, the Department of Veterans Af17 fairs, or any agency or office within any such de18 partment; or

19 (2) the Office of Personnel Management in car20 rying out its responsibilities under the Voting Rights

21 Act of 1965.

22 SEC. 572. TERMINATION OF FEDERAL ADVISORY COMMIT23 TEES.

24 (a) TERMINATION.—The entities described in sub25 section (b) are terminated.
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1 (b) ENTITIES DESCRIBED.—The entities referred to

2 in subsection (a) are the following:

3 (1) Preservation of Jazz Advisory Commission.

4 (2) Mt. Saint Helen’s Scientific Advisory

5 Board.

6 (3) Advisory Panel for the Dictionary of Occu7 pational Titles.

8 (4) U.S. Army Medical Research and Develop9 ment Advisory Board.

10 (5) Secretary of the Navy’s Advisory Committee

11 on Naval History.

12 (6) Scientific Advisory Committee on Effects.

13 (7) Advisory Committee on Publications Sub14 vention.

15 (8) National Advisory Council on Educational

16 Research and Improvement.

17 (9) Advisory Panel for the Decontamination of

18 TMI–2.

19 (10) Technical Advisory Group on Cigarette

20 Fire Safety.

21 (11) Advisory Commission of Swine Health

22 Protection.

23 (c) SAVINGS PROVISIONS.—

24 (1) CONTINUATION OF AGREEMENTS, GRANTS,

25 CONTRACTS, PRIVILEGES, AND OTHER ADMINISTRA-
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1 TIVE ACTIONS.—All agreements, grants, contracts,

2 privileges, and other administrative actions—

3 (A) which have been issued, made, grant4 ed, or allowed to become effective by an entity

5 described in subsection (b) in the performance

6 of its functions or by a court of competent ju7 risdiction with respect to those functions, and

8 (B) which are in effect on the date of the

9 enactment of this Act, or were final before that

10 date of enactment and are to become effective

11 on or after that date of enactment,

12 shall continue in effect according to their terms until

13 modified, terminated, superseded, set aside, or re14 voked in accordance with law by the President, any

15 other authorized official, a court of competent juris16 diction, or operation of law.

17 (2) SUITS NOT AFFECTED.—The provisions of

18 this section shall not affect suits commenced before

19 the date of the enactment of this Act, and in all

20 such suits, proceedings shall be had, appeals taken,

21 and judgments rendered in the same manner and

22 with the same effect as if this section had not been

23 enacted.

24 (3) SUITS INVOLVING COUNCIL OR OFFICE.—

25 No suit, action, or other proceeding commenced by
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1 or against an entity described in subsection (b), or

2 by or against any individual in the official capacity

3 of such individual as an officer or employee of such

4 an entity, shall abate by reason of the enactment of

5 this section.

6 SEC. 573. INCREASE IN THRESHOLD FOR APPLICATION OF

7 DAVIS-BACON ACT.

8 (a) IN GENERAL.—Subsection (a) of the first section

9 of the Act of March 3, 1931 (40 U.S.C. 276a et seq.)

10 (known as the ‘‘Davis-Bacon Act’’) is amended by striking

11 ‘‘$2,000’’ and inserting ‘‘$100,000’’.

12 (b) RESCISSION OF FUNDS.—Of the aggregate funds

13 made available to executive departments and agencies in

14 appropriations Act for fiscal year 1994 for purposes of

15 construction activities under the Act of March 3, 1931 (40

16 U.S.C. 276a et seq.) (known as the ‘‘Davis-Bacon Act’’)

17 or similar prevailing wage requirements applicable to

18 projects assisted by Federal funds, $62,000,000 is re19 scinded. The Director of the Office of Management and

20 Budget shall allocate such rescission among the appro21 priate accounts, and shall submit to the Congress a report

22 setting forth such allocation.
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1 SEC. 574. ELIMINATION OF CERTAIN REPORTS REQUIRED

2 ON CONTRACTS COVERED BY DAVIS-BACON

3 ACT.

4 (a) IN GENERAL.—The first sentence of section 2 of

5 the Act of June 13, 1934, entitled ‘‘An Act to effectuate

6 the purpose of certain statutes concerning rates of pay for

7 labor, by making it unlawful to prevent anyone from re8 ceiving the compensation contracted for thereunder, and

9 for other purposes’’ (40 U.S.C. 276c) (known as the

10 ‘‘Copeland Act’’) is amended by striking ‘‘shall furnish

11 weekly a statement with respect to the wages paid each

12 employee during the preceding week’’ and inserting ‘‘shall

13 furnish, at least once per month, a statement of compli14 ance with the labor standards provisions of applicable law,

15 certifying the payroll with respect to the wages paid em16 ployees during the preceding period for which the state17 ment is furnished, covering each week any contract work

18 is performed’’.

19 (b) RESCISSION OF FUNDS.—Of the aggregate funds

20 made available to executive departments and agencies in

21 appropriations Act for fiscal year 1994 for purposes of

22 construction activities submitted under section 2 of the

23 Act of June 13, 1934 (40 U.S.C. 276c) (known as the

24 ‘‘Copeland Act’’), $55,000,000 is rescinded. The Director

25 of the Office of Management and Budget shall allocate

26 such rescission among the appropriate accounts, and shall
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1 submit to the Congress a report setting forth such alloca2 tion.

3 SEC. 575. FEES FOR APPLICATIONS FOR ALCOHOL LABEL4 ING AND FORMULA REVIEWS.

5 (a) IN GENERAL.—The Secretary of the Treasury or

6 his delegate (in this section referred to as the ‘‘Secretary’’)

7 shall establish a program requiring the payment of user

8 fees for—

9 (1) requests for each certificate of alcohol label

10 approval required under the Federal Alcohol Admin11 istration Act (27 U.S.C. 201 et seq.) and for each

12 request for exemption from such requirement, and

13 (2) requests for each formula review, and re14 quests for each statement of process (including lab15 oratory tests and analyses), under such Act or under

16 chapter 51 of the Internal Revenue Code of 1986.

17 (b) PROGRAM CRITERIA.—

18 (1) IN GENERAL.—The fees charged under the

19 program required by subsection (a) shall be deter20 mined such that the Secretary estimates that the ag21 gregate of such fees received during any fiscal year

22 will be $5,000,000.

23 (2) MINIMUM FEES.—The fee charged under

24 the program required by subsection (a) shall not be

25 less than—
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1 (A) $50 for each request referred to in

2 subsection (a)(1), and

3 (B) $250 for each request referred to in

4 subsection (a)(2).

5 (c) APPLICATION OF SECTION.—Subsection (a) shall

6 apply to requests made on or after the 90th day after the

7 date of the enactment of this Act.

8 (d) DEPOSIT AND CREDIT AS OFFSETTING RE9 CEIPTS.—The amounts collected by the Secretary under

10 the program required by subsection (a) (to the extent such

11 amounts do not exceed $5,000,000) shall be deposited into

12 the Treasury as offsetting receipts and ascribed to the al13 cohol compliance program of the Bureau of Alcohol, To14 bacco, and Firearms.

15 SEC. 576. INCREASE IN SEC REGISTRATION FEES.

16 (a) SECURITIES ACT OF 1933.—Section 6(b) of the

17 Securities Act of 1933 (15 U.S.C. 77f(b)) is amended by

striking ‘‘one-fiftieth of 1 per centum’’ and inserting ‘‘1 18 ⁄29

19 of 1 percent’’.

20 (b) SECURITIES EXCHANGE ACT OF 1934.—Sections

21 13(e)(3) and 14(g)(1)(A)(i) of the Securities Exchange

22 Act of 1934 (47 U.S.C. 78m(e)(3), 78n(g)(1)(A)(i)) are

each amended by striking ‘‘1 23 ⁄50 of 1 per centum’’ and inserting ‘‘1 24 ⁄29 of 1 percent’’.
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1 (c) DEPOSIT AND CREDIT AS OFFSETTING RE2 CEIPTS.—The amounts collected under the provisions

3 amended by this section shall be deposited into the Treas4 ury as offsetting receipts and ascribed to the salaries and

5 expenses account of the Securities and Exchange Commis6 sion.

7 (d) APPLICABILITY.—The amendments made by sub8 sections (a) and (b) shall not apply after September 30,

9 1998.

10 SEC. 577. TRAVEL, TOURISM, AND EXPORT PROMOTION

11 FEES.

12 (a) TRAVEL AND TOURISM FEES.—

13 (1) IN GENERAL.—Each State that participates

14 in marketing activities or tourism promotion abroad

15 through the United States Travel and Tourism Ad16 ministration shall pay a fee in an amount deter17 mined by such Administration so that the total re18 ceipts from such fees shall equal the budget of such

19 Administration.

20 (2) DEPOSIT AND CREDIT AS OFFSETTING RE21 CEIPTS.—The amounts collected under this sub22 section shall be deposited into the Treasury as off23 setting receipts and ascribed to the salaries and ex24 penses account of the United States Travel and

25 Tourism Administration.
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1 (b) EXPORT PROMOTION FEES.—

2 (1) IN GENERAL.—The Secretary of Commerce

3 or his delegate (in this subsection referred to as the

4 ‘‘Secretary’’) shall establish a program requiring the

5 payment of user fees for all services provided to all

6 entities outside the Federal Government by the

7 International Trade Administration in carrying out

8 its export promotion programs.

9 (2) SETTING OF FEES.—The fees charged

10 under the program required by paragraph (1) shall

11 be determined such that the Secretary estimates

12 that the aggregate of such fees received during the

13 following fiscal years will equal the following

14 amounts:

15 (A) $100,000,000 during fiscal year 1994.

16 (B) $212,154,000 during fiscal year 1995.

17 (C) $224,821,000 during fiscal year 1996.

18 (D) $237,830,000 during fiscal year 1997.

19 (E) $251,648,000 during fiscal year 1998.

20 (3) APPLICATION OF SECTION.—Paragraph (1)

21 shall apply to services provided on or after the 90th

22 day after the date of the enactment of this Act.

23 (4) DEFINITION.—As used in this subsection,

24 the term ‘‘export promotion program’’ has the mean25 ing given that term in section 201(d) of the export
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1 administration amendments act of 1985 (15 U.S.C.

2 4051(d)) and includes—

3 (A) the provision of information and tech4 nical assistance; and

5 (B) any form of assistance in the market6 ing of goods and services.

7 (5) DEPOSIT AND CREDIT AS OFFSETTING RE8 CEIPTS.—The amounts collected by the Secretary

9 under the program required by paragraph (1) (to

10 the extent such amounts do not exceed the amounts

11 specified in paragraph (2)) shall be deposited into

12 the Treasury as offsetting receipts and ascribed to

13 the operations and administrations account of the

14 International Trade Administration.

15 Subtitle D—Human Resources

16 SEC. 581. SUBSTITUTION OF VOUCHER ASSISTANCE FOR

17 PUBLIC HOUSING NEW CONSTRUCTION.

18 (a) TERMINATION OF ASSISTANCE FOR CONSTRUC19 TION OF PUBLIC HOUSING.—

20 (1) LOAN AUTHORITY.—After the date of the

21 enactment of this Act, the Secretary of Housing and

22 Urban Development may not enter into any new

23 commitment to make loans under section 4 of the

24 United States Housing Act of 1937 to public hous-
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1 ing agencies for the development or acquisition of

2 public housing projects by such agencies.

3 (2) CONTRIBUTION AUTHORITY.—After the

4 date of the enactment of this Act, the Secretary of

5 Housing and Urban Development may not enter into

6 any new contract to make contributions under sec7 tion 5 of the United States Housing Act of 1937 to

8 public housing agencies for the development or ac9 quisition of public housing projects by such agencies.

10 (3) EXISTING COMMITMENTS.—After the date

11 of the enactment of this Act, the Secretary of Hous12 ing and Urban Development may make contributions

13 and loans for the development or acquisition of pub14 lic housing projects only pursuant to legally binding

15 commitments to make such loans or contracts for

16 such contributions entered into on or before the date

17 of the enactment of this Act.

18 (4) INAPPLICABILITY TO INDIAN HOUSING.—

19 The provisions of this section shall not apply to pub20 lic housing developed pursuant to a contract between

21 the Secretary of Housing and Urban Development

22 and an Indian housing authority.

23 (5) DEFINITIONS.—For purposes of this sec24 tion, the terms ‘‘Indian housing authority’’,

25 ‘‘project’’, ‘‘public housing’’, and ‘‘public housing
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1 agency’’ have the meanings given the terms in sec2 tion 3(b) of the United States Housing Act of 1937.

3 (b) PERMISSIBLE USES.—Vouchers for rental assist4 ance provided with the amounts made available under this

5 section may be used for the rental of dwelling units or

6 costs of residency, as determined by qualified voucher re7 cipients.

8 (c) RESCISSION AND TRANSFER OF FUNDS.—Of the

9 funds made available under the heading ‘‘Department of

10 Housing and Urban Development—Housing Programs—

11 Annual Contributions for Assisted Housing’’ in the De12 partments of Veterans Affairs and Housing and Urban

13 Development, and Independent Agencies Appropriations

14 Act, 1994 (Pub. L. 103–124)—

15 (1) $367,000,000 is rescinded from the total

16 amount under such heading and from the amount

17 specified under such heading for the development or

18 acquisition cost of public housing; and

19 (2) $230,701,000 of the amount specified under

20 such heading for the development or acquisition cost

21 of public housing shall be reallocated to and merged

22 with the amount specified under such heading for

23 the housing voucher program under section 8(o) of

24 the United States Housing Act of 1937.
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1 SEC. 582. REFORM OF HUD MULTIFAMILY PROPERTY DIS2 POSITION.

3 (a) FINDINGS.—The Congress finds that—

4 (1) the portfolio of multifamily housing project

5 mortgages insured by the FHA is severely troubled

6 and at risk of default, requiring the Secretary to in7 crease loss reserves from $5,500,000,000 in 1991 to

8 $11,900,000,000 in 1992 to cover estimated future

9 losses;

10 (2) the inventory of multifamily housing

11 projects owned by the Secretary has more than tri12 pled since 1989, and, by the end of 1993, may ex13 ceed 75,000 units;

14 (3) the cost to the Federal Government of own15 ing and maintaining multifamily housing projects es16 calated to approximately $250,000,000 in fiscal year

17 1992;

18 (4) the inventory of multifamily housing

19 projects subject to mortgages held by the Secretary

20 has increased dramatically, to more than 2,400

21 mortgages, and approximately half of these mort22 gages, with over 230,000 units, are delinquent;

23 (5) the inventory of insured and formerly in24 sured multifamily housing projects is rapidly deterio25 rating, endangering tenants and neighborhoods;
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1 (6) over 5 million families today have a critical

2 need for housing that is affordable and habitable;

3 and

4 (7) the current statutory framework governing

5 the disposition of multifamily housing projects effec6 tively impedes the Government’s ability to dispose of

7 properties, protect tenants, and ensure that projects

8 are maintained over time.

9 (b) MANAGEMENT AND DISPOSITION OF MULTIFAM10 ILY HOUSING PROJECTS.—Section 203 of the Housing

11 and Community Development Amendments of 1978 (12

12 U.S.C. 1701z–11) is amended to read as follows:

13 ‘‘SEC. 203. MANAGEMENT AND DISPOSITION OF MULTIFAM14 ILY HOUSING PROJECTS.

15 ‘‘(a) GOALS.—The Secretary of Housing and Urban

16 Development (in this section referred to as the ‘Secretary’)

17 shall manage or dispose of multifamily housing projects

18 that are owned by the Secretary or that are subject to

19 a mortgage held by the Secretary in a manner that—

20 ‘‘(1) is consistent with the National Housing

21 Act and this section;

22 ‘‘(2) will protect the financial interests of the

23 Federal Government; and

24 ‘‘(3) will, in the least costly fashion among rea25 sonable available alternatives, further the goals of—
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•HR 3721 IH

1 ‘‘(A) preserving housing so that it can re2 main available to and affordable by low-income

3 persons;

4 ‘‘(B) preserving and revitalizing residential

5 neighborhoods;

6 ‘‘(C) maintaining existing housing stock in

7 a decent, safe, and sanitary condition;

8 ‘‘(D) minimizing the involuntary displace9 ment of tenants;

10 ‘‘(E) maintaining housing for the purpose

11 of providing rental housing, cooperative hous12 ing, and homeownership opportunities for low13 income persons; and

14 ‘‘(F) minimizing the need to demolish mul15 tifamily housing projects.

16 The Secretary, in determining the manner in which a

17 project is to be managed or disposed of, may balance com18 peting goals relating to individual projects in a manner

19 that will further the purposes of this section.

20 ‘‘(b) DEFINITIONS.—For purposes of this section, the

21 following definitions shall apply:

22 ‘‘(1) MULTIFAMILY HOUSING PROJECT.—The

23 term ‘multifamily housing project’ means any multi24 family rental housing project which is, or prior to

25 acquisition by the Secretary was, assisted or insured
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1 under the National Housing Act, or was subject to

2 a loan under section 202 of the Housing Act of

3 1959.

4 ‘‘(2) SUBSIDIZED PROJECT.—The term ‘sub5 sidized project’ means a multifamily housing project

6 receiving any of the following types of assistance im7 mediately prior to the assignment of the mortgage

8 on such project to, or the acquisition of such mort9 gage by, the Secretary:

10 ‘‘(A) Below market interest rate mortgage

11 insurance under the proviso of section

12 221(d)(5) of the National Housing Act.

13 ‘‘(B) Interest reduction payments made in

14 connection with mortgages insured under sec15 tion 236 of the National Housing Act.

16 ‘‘(C) Direct loans made under section 202

17 of the Housing Act of 1959.

18 ‘‘(D) Assistance in the form of—

19 ‘‘(i) rent supplement payments under

20 section 101 of the Housing and Urban De21 velopment Act of 1965;

22 ‘‘(ii) housing assistance payments

23 made under section 23 of the United

24 States Housing Act of 1937 (as in effect

25 before January 1, 1975); or
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1 ‘‘(iii) housing assistance payments

2 made under section 8 of the United States

3 Housing Act of 1937 (excluding payments

4 made for tenant-based assistance under

5 section 8),

6 if (except for purposes of section 183(c) of the

7 Housing and Community Development Act of

8 1987) such assistance payments are made to

9 more than 50 percent of the units in the

10 project.

11 ‘‘(3) FORMERLY SUBSIDIZED PROJECT.—The

12 term ‘formerly subsidized project’ means a multi13 family housing project owned by the Secretary that

14 was a subsidized project immediately prior to its ac15 quisition by the Secretary.

16 ‘‘(4) UNSUBSIDIZED PROJECT.—The term

17 ‘unsubsidized project’ means a multifamily housing

18 project owned by the Secretary that is not a sub19 sidized project or a formerly subsidized project.

20 ‘‘(c) MANAGEMENT OR DISPOSITION OF PROP21 ERTY.—

22 ‘‘(1) DISPOSITION TO PURCHASERS.—The Sec23 retary is authorized, in carrying out this section, to

24 dispose of a multifamily housing project owned by

25 the Secretary on a negotiated, competitive bid, or
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1 other basis, on such terms as the Secretary deems

2 appropriate considering the low-income character of

3 the project and the requirements of subsection (a),

4 to a purchaser determined by the Secretary to be ca5 pable of—

6 ‘‘(A) satisfying the conditions of the dis7 position;

8 ‘‘(B) implementing a sound financial and

9 physical management program that is designed

10 to enable the project to meet anticipated oper11 ating and repair expenses to ensure that the

12 project will remain in decent, safe, and sanitary

13 condition;

14 ‘‘(C) responding to the needs of the ten15 ants and working cooperatively with tenant or16 ganizations;

17 ‘‘(D) providing adequate organizational

18 staff and financial resources to the project; and

19 ‘‘(E) meeting such other requirements as

20 the Secretary may determine.

21 ‘‘(2) CONTRACTING FOR MANAGEMENT SERV22 ICES.—The Secretary is authorized, in carrying out

23 this section—

24 ‘‘(A) to contract for management services

25 for a multifamily housing project that is owned
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1 by the Secretary (or for which the Secretary is

2 mortgagee in possession), on a negotiated, com3 petitive bid, or other basis at a price deter4 mined by the Secretary to be reasonable, with

5 a manager the Secretary has determined is ca6 pable of—

7 ‘‘(i) implementing a sound financial

8 and physical management program that is

9 designed to enable the project to meet an10 ticipated operating and maintenance ex11 penses to ensure that the project will re12 main in decent, safe, and sanitary condi13 tion;

14 ‘‘(ii) responding to the needs of the

15 tenants and working cooperatively with

16 tenant organizations;

17 ‘‘(iii) providing adequate organiza18 tional, staff, and other resources to imple19 ment a management program determined

20 by the Secretary; and

21 ‘‘(iv) meeting such other requirements

22 as the Secretary may determine;

23 ‘‘(B) to require the owner of a multifamily

24 housing project that is subject to a mortgage

25 held by the Secretary to contract for manage-
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•HR 3721 IH

1 ment services for the project in the manner de2 scribed in subparagraph (A).

3 ‘‘(d) MAINTENANCE OF HOUSING PROJECTS.—

4 ‘‘(1) HOUSING PROJECTS OWNED BY THE SEC5 RETARY.—In the case of multifamily housing

6 projects that are owned by the Secretary (or for

7 which the Secretary is mortgagee in possession), the

8 Secretary shall—

9 ‘‘(A) to the greatest extent possible, main10 tain all such occupied projects in a decent, safe,

11 and sanitary condition;

12 ‘‘(B) to the greatest extent possible, main13 tain full occupancy in all such projects; and

14 ‘‘(C) maintain all such projects for pur15 poses of providing rental or cooperative hous16 ing.

17 ‘‘(2) HOUSING PROJECTS SUBJECT TO A MORT18 GAGE HELD BY THE SECRETARY.—In the case of

19 any multifamily housing project that is subject to a

20 mortgage held by the Secretary, the Secretary shall

21 require the owner of the project to carry out the re22 quirements of paragraph (1).

23 ‘‘(e) REQUIRED ASSISTANCE.—In carrying out the

24 goal specified in subsection (a)(3)(A), the Secretary shall

25 take not less than one of the following actions:
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1 ‘‘(1) CONTRACT WITH OWNER.—Enter into con2 tracts under section 8 of the United States Housing

3 Act of 1937, to the extent budget authority is avail4 able, with owners of multifamily housing projects

5 that are acquired by a purchaser other than the Sec6 retary at foreclosure or after sale by the Secretary:

7 ‘‘(A) SUBSIDIZED OR FORMERLY SUB8 SIDIZED PROJECTS RECEIVING CERTAIN ASSIST9 ANCE.—In the case of a subsidized or formerly

10 subsidized project referred to in subparagraphs

11 (A) through (C) of subsection (b)(2)—

12 ‘‘(i) the contract shall be sufficient to

13 assist at least all units covered by an as14 sistance contract under any of the authori15 ties referred to in subsection (b)(2)(D) be16 fore acquisition, unless the Secretary acts

17 pursuant to the provisions of subparagraph

18 (C);

19 ‘‘(ii) in the case of units requiring

20 project-based rental assistance pursuant to

21 this paragraph that are occupied by fami22 lies who are not eligible for assistance

23 under section 8, a contract under this sub24 paragraph shall also provide that when a

25 vacancy occurs, the owner shall lease the
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1 available unit to a family eligible for assist2 ance under section 8; and

3 ‘‘(iii) the Secretary shall take actions

4 to ensure the availability and affordability,

5 as defined in paragraph (3)(B), for the re6 maining useful life of the project, as de7 fined by the Secretary, of any unit located

8 in any project referred to in subparagraphs

9 (A) through (C) of subsection (b)(2) that

10 does not otherwise receive project-based as11 sistance under this subparagraph. To carry

12 out this clause, the Secretary may require

13 purchasers to establish use or rent restric14 tions maintaining affordability, as defined

15 in paragraph (3)(B).

16 ‘‘(B) SUBSIDIZED OR FORMERLY SUB17 SIDIZED PROJECTS RECEIVING OTHER ASSIST18 ANCE.—In the case of a subsidized or formerly

19 subsidized project referred to in subsection

20 (b)(2)(D)—

21 ‘‘(i) the contract shall be sufficient to

22 assist at least all units in the project that

23 are covered, or were covered immediately

24 before foreclosure on or acquisition of the

25 project by the Secretary, by an assistance
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1 contract under any of the authorities re2 ferred to in such subsection, unless the

3 Secretary acts pursuant to provisions of

4 subparagraph (C); and

5 ‘‘(ii) in the case of units requiring

6 project-based rental assistance pursuant to

7 this paragraph that are occupied by fami8 lies who are not eligible for assistance

9 under section 8, a contract under this

10 paragraph shall also provide that when a

11 vacancy occurs, the owner shall lease the

12 available unit to a family eligible for assist13 ance under section 8.

14 ‘‘(C) EXCEPTIONS TO SUBPARAGRAPHS (A)

15 AND (B).—In lieu of providing project-based as16 sistance under subparagraph (A) or (B), the

17 Secretary may require certain units in

18 unsubsidized projects to contain use restrictions

19 providing that such units will be available to

20 and affordable by very low-income families for

21 the remaining useful life of the project, as de22 fined by the Secretary, if—

23 ‘‘(i) the Secretary matches any reduc24 tion in units otherwise required to be as25 sisted with project-based assistance under
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1 subparagraph (A) or (B) with at least an

2 equivalent increase in units made afford3 able to very low-income persons within

4 unsubsidized projects;

5 ‘‘(ii) low-income tenants residing in

6 units otherwise requiring project-based as7 sistance under subparagraph (A) or (B)

8 upon disposition receive section 8 tenant9 based assistance; and

10 ‘‘(iii) the units described in clause (i)

11 are located within the same market area.

12 ‘‘(D) CONTRACT REQUIREMENTS FOR

13 UNSUBSIDIZED PROJECTS.—Notwithstanding

14 actions taken pursuant to subparagraph (C), in

15 unsubsidized projects, the contract shall at least

16 be sufficient to provide—

17 ‘‘(i) project-based rental assistance for

18 all units that are covered or were covered

19 immediately before foreclosure or acquisi20 tion by an assistance contract under—

21 ‘‘(I) section 8(b)(2) of the United

22 States Housing Act of 1937 (as such

23 section existed before October 1,

24 1983) (new construction and substan25 tial rehabilitation); section 8(b) of
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1 such Act (property disposition); sec2 tion 8(d)(2) of such Act (project3 based certificates); section 8(e)(2) of

4 such Act (moderate rehabilitation);

5 section 23 of such Act (as in effect

6 before January 1, 1975); or section

7 101 of the Housing and Urban Devel8 opment Act of 1965 (rent supple9 ments); or

10 ‘‘(II) section 8 of the United

11 States Housing Act of 1937, following

12 conversion from section 101 of the

13 Housing and Urban Development Act

14 of 1965; and

15 ‘‘(ii) tenant-based assistance under

16 section 8 of the United States Housing Act

17 of 1937 for tenants currently residing in

18 units that were covered by an assistance

19 contract under the Loan Management Set20 Aside program under section 8(b) of the

21 United States Housing Act of 1937 imme22 diately before foreclosure or acquisition of

23 the project by the Secretary.

24 ‘‘(2) ANNUAL CONTRIBUTION CONTRACTS.—In

25 the case of multifamily housing projects that are ac-
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1 quired by a purchaser other than the Secretary at

2 foreclosure or after sale by the Secretary, enter into

3 annual contribution contracts with public housing

4 agencies to provide tenant-based assistance under

5 section 8 of the United States Housing Act of 1937

6 to all low-income families who are eligible for such

7 assistance on the date that the project is acquired

8 by the purchaser. The Secretary shall take action

9 under this paragraph only after making a deter10 mination that there is available in the area an ade11 quate supply of habitable affordable housing for low12 income families. Actions taken pursuant to this

13 paragraph may be taken in connection with not

14 more than 10 percent of the aggregate number of

15 units in subsidized or formerly subsidized projects

16 disposed of by the Secretary annually.

17 ‘‘(3) OTHER ASSISTANCE.—

18 ‘‘(A) IN GENERAL.—In accordance with

19 the authority provided under the National

20 Housing Act, reduce the selling price, apply use

21 or rent restrictions on certain units, or provide

22 other financial assistance to the owners of mul23 tifamily housing projects that are acquired by a

24 purchaser other than the Secretary at fore-
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1 closure, or after sale by the Secretary, on terms

2 which will ensure that—

3 ‘‘(i) at least those units otherwise re4 quired to receive project-based section 8

5 assistance pursuant to subparagraphs (A),

6 (B), or (D) of paragraph (1) are available

7 to and affordable by low-income persons;

8 and

9 ‘‘(ii) for the remaining useful life of

10 the project, as defined by the Secretary,

11 there shall be in force such use or rent re12 strictions as the Secretary may prescribe.

13 ‘‘(B) DEFINITION.—A unit shall be consid14 ered affordable under this paragraph if—

15 ‘‘(i) for very low-income tenants, the

16 rent for such unit does not exceed 30 per17 cent of 50 percent of the area median in18 come, as determined by the Secretary, with

19 adjustments for family size; and

20 ‘‘(ii) for low-income tenants other

21 than very low-income tenants, the rent for

22 such unit does not exceed 30 percent of 80

23 percent of the area median income, as de24 termined by the Secretary, with adjust25 ments for family size.
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1 ‘‘(C) VERY LOW-INCOME TENANTS.—The

2 Secretary shall provide assistance under section

3 8 of the United States Housing Act of 1937 to

4 any very low-income tenant currently residing

5 in a unit otherwise required to receive project6 based assistance under section 8, pursuant to

7 subparagraph (A), (B), or (D) of paragraph

8 (1), if the rents charged such tenants as a re9 sult of actions taken pursuant to this para10 graph exceed the amount payable as rent under

11 section 3(a) of the United States Housing Act

12 of 1937.

13 ‘‘(4) TRANSFER FOR USE UNDER OTHER PRO14 GRAMS OF THE SECRETARY.—

15 ‘‘(A) IN GENERAL.—Enter into an agree16 ment providing for the transfer of a multifamily

17 housing project—

18 ‘‘(i) to a public housing agency for use

19 of the project as public housing; or

20 ‘‘(ii) to an owner or another appro21 priate entity for use of the project under

22 section 202 of the Housing Act of 1959 or

23 under section 811 of the Cranston-Gon24 zalez National Affordable Housing Act.
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1 ‘‘(B) REQUIREMENTS FOR AGREEMENT.—

2 The agreement described in subparagraph (A)

3 shall—

4 ‘‘(i) contain such terms, conditions,

5 and limitations as the Secretary deter6 mines appropriate, including requirements

7 to assure use of the project under the pub8 lic housing, section 202, and section 811

9 programs; and

10 ‘‘(ii) ensure that no current tenant

11 will be displaced as a result of actions

12 taken under this paragraph.

13 ‘‘(f) OTHER ASSISTANCE.—In addition to the actions

14 authorized by subsection (e), the Secretary may take any

15 of the following actions:

16 ‘‘(1) SHORT-TERM LOANS.—Provide short-term

17 loans to facilitate the sale of multifamily housing

18 projects to nonprofit organizations or to public agen19 cies if—

20 ‘‘(A) authority for such loans is provided

21 in advance in an appropriations Act;

22 ‘‘(B) such loans are for a term of not more

23 than 5 years;

24 ‘‘(C) the Secretary is presented with satis25 factory documentation, evidencing a commit-
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1 ment of permanent financing to replace such

2 short-term loan, from a lender who meets

3 standards set forth by the Secretary; and

4 ‘‘(D) the terms of such loans are consist5 ent with prevailing practices in the marketplace

6 or the provision of such loans results in no cost

7 to the Government, as defined in section 502 of

8 the Congressional Budget Act.

9 ‘‘(2) TENANT-BASED ASSISTANCE.—In connec10 tion with projects referred to in subsection (e), make

11 available tenant-based assistance under section 8 of

12 the United States Housing Act of 1937 to very low13 income families (as defined in section 3(b)(2) of the

14 United States Housing Act of 1937) that do not

15 otherwise qualify for project-based assistance.

16 ‘‘(3) ALTERNATIVE USES.—

17 ‘‘(A) IN GENERAL.—Notwithstanding any

18 other provision of law, and subject to notice to

19 and comment from existing tenants, allow not

20 more than—

21 ‘‘(i) 5 percent of the total number of

22 units in multifamily housing projects that

23 are disposed of by the Secretary during

24 any 1-year period to be made available for

25 uses other than rental or cooperative uses,
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1 including low-income homeownership op2 portunities, or in any particular project,

3 community space, office space for tenant

4 or housing-related service providers or se5 curity programs, or small business uses, if

6 such uses benefit the tenants of the

7 project; and

8 ‘‘(ii) 5 percent of the total number of

9 units in multifamily housing projects that

10 are disposed of by the Secretary during

11 any 1-year period to be used in any man12 ner, if the Secretary and the unit of gen13 eral local government or area-wide govern14 ing body determine that such use will fur15 ther fair housing, community development,

16 or neighborhood revitalization goals.

17 ‘‘(B) DISPLACEMENT PROTECTION.—The

18 Secretary shall make available tenant-based

19 rental assistance under section 8 of the United

20 States Housing Act of 1937 to any tenant dis21 placed as a result of actions taken by the Sec22 retary pursuant to subparagraph (A), and the

23 Secretary shall take such actions as the Sec24 retary determines necessary to ensure the suc25 cessful use of any tenant-based assistance.
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1 ‘‘(g) AUTHORIZATION OF USE OR RENT RESTRIC2 TIONS IN UNSUBSIDIZED PROJECTS.—In carrying out the

3 goals specified in subsection (a), the Secretary may re4 quire certain units in unsubsidized projects to contain use

5 or rent restrictions providing that such units will be avail6 able to and affordable by very low-income persons for the

7 remaining useful life of the property, as defined by the

8 Secretary.

9 ‘‘(h) CONTRACT REQUIREMENTS.—

10 ‘‘(1) CONTRACT TERM.—

11 ‘‘(A) IN GENERAL.—Contracts for project12 based rental assistance under section 8 of the

13 United States Housing Act of 1937 provided

14 pursuant to this section shall be for a term of

15 not more than 15 years; and

16 ‘‘(B) CONTRACT TERM OF LESS THAN 15

17 YEARS.—Notwithstanding subparagraph (A), to

18 the extent that units receive project-based as19 sistance for a contract term of less than 15

20 years, the Secretary shall require that rents

21 charged to tenants for such units not exceed

22 the amount payable for rent under section 3(a)

23 of the United States Housing Act of 1937 for

24 a period of at least 15 years.

25 ‘‘(2) CONTRACT RENT.—
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1 ‘‘(A) IN GENERAL.—The Secretary shall

2 set contract rents for section 8 project-based

3 rental contracts issued under this section at lev4 els that, in conjunction with other resources

5 available to the purchaser, provide for the nec6 essary costs of rehabilitation of such project

7 and do not exceed the percentage of the existing

8 housing fair market rents for the area (as de9 termined by the Secretary under section 8(c) of

10 the United States Housing Act of 1937) as the

11 Secretary may prescribe.

12 ‘‘(B) UP-FRONT GRANTS AND LOANS.—If

13 such an approach is determined to be more

14 cost-effective, the Secretary may utilize the

15 budget authority provided for project-based sec16 tion 8 contracts issued under this section to—

17 ‘‘(i) provide project-based section 8

18 rental assistance; and

19 ‘‘(ii)(I) provide up-front grants for the

20 necessary cost of rehabilitation; or

21 ‘‘(II) pay for any cost to the Govern22 ment, as defined in section 502 of the Con23 gressional Budget Act, for loans made pur24 suant to subsection (f)(1).

25 ‘‘(i) DISPOSITION PLAN.—
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1 ‘‘(1) IN GENERAL.—Prior to the sale of a mul2 tifamily housing project that is owned by the Sec3 retary, the Secretary shall develop a disposition plan

4 for the project that specifies the minimum terms

5 and conditions of the Secretary for disposition of the

6 project, the initial sales price that is acceptable to

7 the Secretary, and the assistance that the Secretary

8 plans to make available to a prospective purchaser

9 in accordance with this section. The initial sales

10 price shall reflect the intended use of the property

11 after sale.

12 ‘‘(2) COMMUNITY AND TENANT INPUT INTO

13 DISPOSITION PLANS AND SALES.—

14 ‘‘(A) IN GENERAL.—In carrying out this

15 section, the Secretary shall develop procedures

16 to obtain appropriate and timely input into dis17 position plans from officials of the unit of gen18 eral local government affected, the community

19 in which the project is situated, and the tenants

20 of the project.

21 ‘‘(B) TENANT ORGANIZATIONS.—The Sec22 retary shall develop procedures to facilitate,

23 where feasible and appropriate, the sale of mul24 tifamily housing projects to existing tenant or25 ganizations with demonstrated capacity or to
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1 public or nonprofit entities which represent or

2 are affiliated with existing tenant organizations.

3 ‘‘(C) TECHNICAL ASSISTANCE.—

4 ‘‘(i) USE OF FUNDS.—To carry out

5 the procedures developed under subpara6 graphs (A) and (B), the Secretary is au7 thorized to provide technical assistance, di8 rectly or indirectly, and to use amounts ap9 propriated for technical assistance under

10 the Emergency Low Income Housing Pres11 ervation Act of 1987, the Low-Income

12 Housing Preservation and Resident Home13 ownership Act of 1990, subtitle B of title

14 IV of the Cranston-Gonzalez National Af15 fordable Housing Act, or under this section

16 for the provision of technical assistance

17 under this section.

18 ‘‘(ii) SOURCE OF FUNDS.—Recipients

19 of technical assistance funding under the

20 Emergency Low Income Housing Preserva21 tion Act of 1987, the Low-Income Housing

22 Preservation and Resident Homeownership

23 Act of 1990, subtitle B of title IV of the

24 Cranston-Gonzalez National Affordable

25 Housing Act, or under this section shall be
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1 permitted to provide technical assistance to

2 the extent of such funding under any of

3 such programs or under this section, not4 withstanding the source of funding.

5 ‘‘(j) RIGHT OF FIRST REFUSAL.—

6 ‘‘(1) PROCEDURE.—

7 ‘‘(A) NOTIFICATION BY SECRETARY OF

8 THE ACQUISITION OF TITLE.—Not later than

9 30 days after acquiring title to a project, the

10 Secretary shall notify the unit of general local

11 government and the State agency or agencies

12 designated by the Governor of the acquisition of

13 such title.

14 ‘‘(B) EXPRESSION OF INTEREST.—Not

15 later than 45 days after receiving notification

16 from the Secretary under subparagraph (A),

17 the unit of general local government or des18 ignated State agency may submit to the Sec19 retary a preliminary expression of interest in

20 the project. The Secretary may take such ac21 tions as may be necessary to require the unit of

22 general local government or designated State

23 agency to substantiate such interest.

24 ‘‘(C) TIMELY EXPRESSION OF INTER25 EST.—If the unit of general local government or
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1 designated State agency has expressed interest

2 in the project before the expiration of the 45-

3 day period referred to in subparagraph (B), and

4 has substantiated such interest if requested, the

5 Secretary, upon approval of a disposition plan

6 for a project, shall notify the unit of general

7 local government and designated State agency

8 of the terms and conditions of the disposition

9 plan and give the unit of general local govern10 ment or designated State agency not more than

11 90 days after the date of such notification to

12 make an offer to purchase the project.

13 ‘‘(D) NO TIMELY EXPRESSION OF INTER14 EST.—If the unit of general local government or

15 designated State agency does not express inter16 est before the expiration of the 45-day period

17 referred to in subparagraph (B), or does not

18 substantiate an expressed interest if requested,

19 the Secretary, upon approval of a disposition

20 plan, may offer the project for sale to any inter21 ested person or entity.

22 ‘‘(2) ACCEPTANCE OF OFFERS.—Where the

23 Secretary has given the unit of general local govern24 ment or designated State agency 90 days to make

25 an offer to purchase the project, the Secretary shall
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1 accept an offer that complies with the terms and

2 conditions of the disposition plan. The Secretary

3 may accept an offer that does not comply with the

4 terms and conditions of the disposition plan if the

5 Secretary determines that the offer will further the

6 goals specified in subsection (a) by actions that in7 clude extension of the duration of low-income afford8 ability restrictions or otherwise restructuring the

9 transaction in a manner that enhances the long-term

10 affordability for low-income persons. The Secretary

11 shall, in particular, have discretion to reduce the ini12 tial sales price in exchange for the extension of low13 income affordability restrictions beyond the period of

14 assistance contemplated by the attachment of assist15 ance pursuant to subsection (e). If the Secretary and

16 the unit of general local government or designated

17 State agency cannot reach agreement within 90

18 days, the Secretary may offer the project for sale to

19 the general public.

20 ‘‘(3) PURCHASE BY UNIT OF GENERAL LOCAL

21 GOVERNMENT OR DESIGNATED STATE AGENCY.—

22 Notwithstanding any other provision of law, a unit

23 of general local government (including a public hous24 ing agency) or designated State agency may pur-
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1 chase a subsidized or formerly subsidized project in

2 accordance with this subsection.

3 ‘‘(4) APPLICABILITY.—This subsection shall

4 apply to projects that are acquired on or after the

5 effective date of this subsection. With respect to

6 projects acquired before such effective date, the Sec7 retary may apply—

8 ‘‘(A) the requirements of paragraphs (2)

9 and (3) of section 203(e) as such paragraphs

10 existed immediately before the effective date of

11 this subsection; or

12 ‘‘(B) the requirements of paragraphs (1)

13 and (2) of this subsection, if the Secretary gives

14 the unit of general local government or des15 ignated State agency—

16 ‘‘(i) 45 days to express interest in the

17 project; and

18 ‘‘(ii) if the unit of general local gov19 ernment or designated State agency ex20 presses interest in the project before the

21 expiration of the 45-day period, and sub22 stantiates such interest if requested, 90

23 days from the date of notification of the

24 terms and conditions of the disposition
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1 plan to make an offer to purchase the

2 project.

3 ‘‘(k) DISPLACEMENT OF TENANTS AND RELOCATION

4 ASSISTANCE.—

5 ‘‘(1) IN GENERAL.—Whenever tenants will be

6 displaced as a result of the disposition of, or repairs

7 to, a multifamily housing project that is owned by

8 the Secretary (or for which the Secretary is mortga9 gee in possession), the Secretary shall identify ten10 ants who will be displaced, and shall notify all such

11 tenants of their pending displacement and of any re12 location assistance which may be available. In the

13 case of a multifamily housing project that is not

14 owned by the Secretary (and for which the Secretary

15 is not mortgagee in possession), the Secretary shall

16 require the owner of the project to carry out the re17 quirements of this paragraph.

18 ‘‘(2) RIGHTS OF DISPLACED TENANTS.—The

19 Secretary shall assure for any such tenant (who con20 tinues to meet applicable qualification standards)

21 the right—

22 ‘‘(A) to return, whenever possible, to a re23 paired unit;

24 ‘‘(B) to occupy a unit in another multifam25 ily housing project owned by the Secretary;
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1 ‘‘(C) to obtain housing assistance under

2 the United States Housing Act of 1937; or

3 ‘‘(D) to receive any other available reloca4 tion assistance as the Secretary determines to

5 be appropriate.

6 ‘‘(l) MORTGAGE AND PROJECT SALES.—

7 ‘‘(1) IN GENERAL.—The Secretary may not ap8 prove the sale of any loan or mortgage held by the

9 Secretary (including any loan or mortgage owned by

10 the Government National Mortgage Association) on

11 any subsidized project or formerly subsidized

12 project, unless such sale is made as part of a trans13 action that will ensure that such project will con14 tinue to operate at least until the maturity date of

15 such loan or mortgage, in a manner that will provide

16 rental housing on terms at least as advantageous to

17 existing and future tenants as the terms required by

18 the program under which the loan or mortgage was

19 made or insured prior to the assignment of the loan

20 or mortgage on such project to the Secretary.

21 ‘‘(2) SALE OF CERTAIN PROJECTS.—The Sec22 retary may not approve the sale of any subsidized

23 project—

24 ‘‘(A) that is subject to a mortgage held by

25 the Secretary; or
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1 ‘‘(B) if the sale transaction involves the

2 provision of any additional subsidy funds by the

3 Secretary or a recasting of the mortgage, unless

4 such sale is made as part of a transaction that

5 will ensure that such project will continue to

6 operate at least until the maturity date of the

7 loan or mortgage, in a manner that will provide

8 rental housing on terms at least as advan9 tageous to existing and future tenants as the

10 terms required by the program under which the

11 loan or mortgage was made or insured prior to

12 the proposed sale of the project.

13 ‘‘(3) MORTGAGE SALES TO STATE AND LOCAL

14 GOVERNMENTS.—Notwithstanding any provision of

15 law that may require competitive sales or bidding,

16 the Secretary may carry out negotiated sales of sub17 sidized or formerly subsidized mortgages held by the

18 Secretary, without the competitive selection of pur19 chasers or intermediaries, to units of general local

20 government or State agencies, or groups of investors

21 that include at least one such unit of general local

22 government or State agency, if the negotiations are

23 conducted with such agencies, except that—

24 ‘‘(A) the terms of any such sale shall in25 clude the agreement of the purchasing agency
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1 or unit of local government or State agency to

2 act as mortgagee or owner of a beneficial inter3 est in such mortgages, in a manner consistent

4 with maintaining the projects that are subject

5 to such mortgages for occupancy by the general

6 tenant group intended to be served by the appli7 cable mortgage insurance program, including,

8 to the extent the Secretary determines appro9 priate, authorizing such unit of local govern10 ment or State agency to enforce the provisions

11 of any regulatory agreement or other program

12 requirements applicable to the related projects;

13 and

14 ‘‘(B) the sale prices for such mortgages

15 shall be, in the determination of the Secretary,

16 the best prices that may be obtained for such

17 mortgages from a unit of general local govern18 ment or State agency, consistent with the ex19 pectation and intention that the projects fi20 nanced will be retained for use under the appli21 cable mortgage insurance program for the life

22 of the initial mortgage insurance contract.

23 ‘‘(4) SALE OF MORTGAGES COVERING

24 UNSUBSIDIZED PROJECTS.—Notwithstanding any

25 other provision of law, the Secretary may sell mort-
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1 gages held on unsubsidized projects on such terms

2 and conditions as the Secretary may prescribe.

3 ‘‘(m) REPORT TO CONGRESS.—Not later than June

4 1 of each year, the Secretary shall submit to the Commit5 tee on Banking, Housing, and Urban Affairs of the Senate

6 and the Committee on Banking, Finance and Urban Af7 fairs of the House of Representatives, a report describing

8 the status of multifamily housing projects owned by or

9 subject to mortgages held by the Secretary, which report

10 shall include—

11 ‘‘(1) the name, address, and size of each

12 project;

13 ‘‘(2) the nature and date of assignment;

14 ‘‘(3) the status of the mortgage;

15 ‘‘(4) the physical condition of the project;

16 ‘‘(5) an occupancy profile of the project, includ17 ing the income, family size, and race of current resi18 dents as well as the rents paid by such residents;

19 ‘‘(6) the proportion of units in a project that

20 are vacant;

21 ‘‘(7) the date on which the Secretary became

22 mortgagee in possession;

23 ‘‘(8) the date and conditions of any foreclosure

24 sale;

25 ‘‘(9) the date of acquisition by the Secretary;
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1 ‘‘(10) the date and conditions of any property

2 disposition sale;

3 ‘‘(11) a description of actions undertaken pur4 suant to this section, including—

5 ‘‘(A) a comparison of results between ac6 tions taken after enactment of the Housing and

7 Community Development Act of 1993 and ac8 tions taken in years prior to such enactment;

9 ‘‘(B) a description of any impediments to

10 the disposition or management of multifamily

11 housing projects, together with a recommenda12 tion of proposed legislative or regulatory

13 changes designed to ameliorate such impedi14 ments;

15 ‘‘(C) a description of actions taken to re16 structure or commence foreclosure on delin17 quent multifamily mortgages held by the De18 partment; and

19 ‘‘(D) a description of actions taken to

20 monitor and prevent the default of multifamily

21 housing mortgages held by the Federal Housing

22 Administration;

23 ‘‘(12) a description of any of the functions per24 formed in connection with this section that are con-
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1 tracted out to public or private entities or to States,

2 including—

3 ‘‘(A) the costs associated with such delega4 tion;

5 ‘‘(B) the implications of contracting out or

6 delegating such functions for current Depart7 ment field or regional personnel, including an8 ticipated personnel or work load reductions;

9 ‘‘(C) necessary oversight required by De10 partment personnel, including anticipated per11 sonnel hours devoted to such oversight;

12 ‘‘(D) a description of any authority grant13 ed to such public or private entities or States

14 in conjunction with the functions that have

15 been delegated or contracted out or that are not

16 otherwise available for use by Department per17 sonnel; and

18 ‘‘(E) the extent to which such public or

19 private entities or States include tenants of

20 multifamily housing projects in the disposition

21 planning for such projects;

22 ‘‘(13) a description of the activities carried out

23 under subsection (j) during the preceding year; and

24 ‘‘(14) a description and assessment of the rules,

25 guidelines, and practices governing the Department’s
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1 management of multifamily housing projects that

2 are owned by the Secretary (or for which the Sec3 retary is mortgagee in possession) as well as the

4 steps that the Secretary has taken or plans to take

5 to improve the management performance of the De6 partment.’’.

7 (c) EFFECTIVE DATE.—The Secretary shall, by no8 tice published in the Federal Register, which shall take

9 effect upon publication, establish such requirements as

10 may be necessary to implement the amendments made by

11 this section. The notice shall invite public comments, and

12 the Secretary shall issue final regulations based on the ini13 tial notice, taking into account any public comments re14 ceived.

15 SEC. 583. TERMINATION OF ANNUAL DIRECT GRANT AS16 SISTANCE

17 (a) TERMINATION.—Pursuant to section 704(d) of

18 the Covenant to Establish a Commonwealth of the North19 ern Mariana Islands in Political Union with the United

20 States of America (48 U.S.C. 1681 note), the annual pay21 ments under section 702 of the Covenant shall terminate

22 as of September 30, 1993.

23 (b) REPEAL.—Sections 3 and 4 of the Act of March

24 24, 1976 (Public Law 94–241; 48 U.S.C. 1681 note), as

25 amended, are repealed, effective October 1, 1993.
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1 Subtitle E—Social Services and

2 Retirement

3 SEC. 591. INCREASE IN RETIREMENT AGE UNDER FERS TO

4 65.

5 (a) IN GENERAL.—Chapter 84 of title 5, United

6 States Code, is amended by adding at the end the follow7 ing:

8 ‘‘SUBCHAPTER VIII—SPECIAL RULES FOR CER9 TAIN POST-1993 NEW EMPLOYEES AND

10 MEMBERS

11 ‘‘§ 8481. Applicability

12 ‘‘(a) This subchapter sets forth special rules in con13 formance with which this chapter shall be applied with re14 spect to any employee who first becomes an employee sub15 ject to this chapter, or who is first elected as a Member,

16 after December 31, 1993.

17 ‘‘(b) Nothing in this subchapter shall be considered

18 to apply with respect to any employee or Member not de19 scribed in subsection (a) or to have any effect except for

20 the purpose referred to in such subsection.

21 ‘‘§ 8482. Immediate retirement

22 ‘‘Deem section 8412 to be amended as follows:

23 ‘‘(1) Subsection (c) is amended by striking ‘62’

24 and inserting ‘65’.
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1 ‘‘(2) Subsections (a), (b), (f), and (g) are re2 pealed.

3 ‘‘§ 8483. Deferred retirement

4 ‘‘Deem section 8413 to be amended as follows:

5 ‘‘(1) Subsection (a) is amended by striking ‘62’

6 and inserting ‘65’.

7 ‘‘(2) Subsection (b) is repealed.

8 ‘‘§ 8484. References to age 62

9 ‘‘(a) Deem section 8415 to be amended as follows:

10 ‘‘(1) Subsection (f) is repealed.

11 ‘‘(2) Subsection (g)(2)(B) is amended by strik12 ing ‘is at least 62 years of age and’.

13 ‘‘(b) Deem section 8442 to be amended in subsections

14 (c)(2)(B) and (g)(2)(B) by striking ‘62’ each place it ap15 pears and inserting ‘65’.

16 ‘‘(c) Deem section 8452(b)(1) to be amended by

17 striking ‘sixty-second’ and inserting ‘sixty-fifth’.’’.

18 (b) CHAPTER ANALYSIS.—The analysis for chapter

19 84 of title 5, United States Code, is amended by adding

20 at the end the following:

‘‘SPECIAL RULES FOR CERTAIN POST-1993 NEW EMPLOYEES AND MEMBERS

‘‘8481. Applicability.

‘‘8482. Immediate retirement.

‘‘8483. Deferred retirement.

‘‘8484. References to age 62.’’.
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1 SEC. 592. PROVISION RELATING TO GOVERNMENT CON2 TRIBUTIONS TO THE THRIFT SAVINGS PLAN.

3 Section 8432(c)(2)(B) of title 5, United States Code,

4 is amended by adding at the end the following:

5 ‘‘Clause (ii) shall not apply with respect to any employee

6 or Member described in section 8481(a).’’.

7 SEC. 593. DEFERRAL UNTIL AGE 62 OF COST-OF-LIVING AD8 JUSTMENTS FOR MILITARY RETIREES WHO

9 FIRST ENTERED MILITARY SERVICE ON OR

10 AFTER JANUARY 1, 1994.

11 Section 1401a(b)(1) of title 10, United States Code,

12 is amended by adding at the end the following new sen13 tence: ‘‘In the case of a member or former member under

14 age 62 (other than a member retired under chapter 61

15 of this title) who first became a member on or after Janu16 ary 1, 1994, such increase shall not become payable as

17 part of the retired pay of the member or former member

18 until the month in which the member or former member

19 becomes 62 years of age.’’.

20 SEC. 594. CONSOLIDATION OF CERTAIN SOCIAL SERVICES

21 PROGRAMS INTO A SINGLE BLOCK GRANT

22 PROGRAM.

23 (a) AT-RISK CHILD CARE PROGRAM MERGED INTO

24 PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL

25 SERVICES.—
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1 (1) CONSOLIDATION OF SERVICES.—Section

2 2002(a)(2)(A) of the Social Security Act (42 U.S.C.

3 1397a(a)(2)(A)) is amended by inserting ‘‘(including

4 services that could have been provided under section

5 402(i), as in effect immediately before the effective

6 date of section 504 of the Common Cents Deficit

7 Reduction Act of 1993)’’ after ‘‘child care services’’.

8 (2) CONSOLIDATION OF FUNDING.—Section

9 2003(c) of such Act (42 U.S.C. 1397b(c)) is amend10 ed—

11 (A) in paragraph (4), by striking ‘‘and’’;

12 (B) in paragraph (5), by striking ‘‘each

13 fiscal year after fiscal year 1989.’’ and inserting

14 ‘‘the fiscal years 1990, 1991, 1992, 1993, and

15 1994; and’’; and

16 (C) by adding at the end the following:

17 ‘‘(6) $2,976,000,000 for each of the fiscal years

18 1995, 1996, 1997, and 1998.’’.

19 (b) CERTAIN DISCRETIONARY SOCIAL SERVICES

20 PROGRAMS MERGED INTO PROGRAM OF BLOCK GRANTS

21 TO STATES FOR SOCIAL SERVICES BUT LEFT DISCRE22 TIONARY.—

23 (1) CONSOLIDATION OF SERVICES.—Section

24 2002 of such Act (42 U.S.C. 1397a) is amended—
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1 (A) in subsection (a), by adding at the end

2 the following:

3 ‘‘(3) In addition to payments pursuant to paragraph

4 (1), the Secretary may make payments to a State under

5 this title for a fiscal year in an amount equal to its addi6 tional allotment for such fiscal year, to be used by such

7 State for services directed at the goals set forth in section

8 2001, subject to the requirements of this title.

9 ‘‘(4) For purposes of paragraph (3)—

10 ‘‘(A) services which are directed at the goals set

11 forth in section 2001 include services that could

12 have been provided under—

13 ‘‘(i) the Community Services Block Grant

14 Act;

15 ‘‘(ii) the Child Care and Development

16 Block Grant Act of 1990;

17 ‘‘(iii) title III or VII of the Older Ameri18 cans Act of 1965; or

19 ‘‘(iv) the State Dependent Care Develop20 ment Grants Act,

21 as in effect immediately before the effective date of

22 section 504 of the Common Cents Deficit Reduction

23 Act of 1993; and

24 ‘‘(B) expenditures for such services may include

25 expenditures described in paragraph (2)(B).’’; and
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1 (B) in each of subsections (b), (c), and (d),

2 by inserting ‘‘or additional allotment’’ after ‘‘al3 lotment’’ each place such term appears.

4 (2) CONSOLIDATION OF FUNDING.—Section

5 2003 of such Act (42 U.S.C. 1397b) is amended by

6 adding at the end the following:

7 ‘‘(d) The additional allotment for any fiscal year to

8 each State shall be determined in the same manner in

9 which the allotment for the fiscal year is determined for

10 the State under the preceding subsections of this section,

11 except that, in making such determination the following

12 amounts shall be used in lieu of the amount specified in

13 subsection (c):

14 ‘‘(1) $2,301,000,000 for the fiscal year 1995.

15 ‘‘(2) $2,359,000,000 for the fiscal year 1996.

16 ‘‘(3) $2,419,000,000 for the fiscal year 1997.

17 ‘‘(4) $2,478,000,000 for the fiscal year 1998.’’.

18 (c) CONFORMING AMENDMENTS AND REPEALS.—

19 (1) COMMUNITY SERVICES BLOCK GRANT

20 ACT.—The Community Services Block Grant Act

21 (42 U.S.C. 9901 et seq.) is hereby repealed.

22 (2) CHILD CARE AND DEVELOPMENT BLOCK

23 GRANT ACT OF 1990.—The Child Care and Develop24 ment Block Grant Act of 1990 (42 U.S.C. 9858 et

25 seq.) is hereby repealed.
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1 (3) OLDER AMERICANS ACT OF 1965.—The

2 Older Americans Act of 1965 (42 U.S.C. 3001 et

3 seq.) is amended by striking titles III and VII.

4 (4) STATE DEPENDENT CARE DEVELOPMENT

5 GRANTS ACT.—The State Dependent Care Develop6 ment Grants Act (42 U.S.C. 9871 et seq.) is hereby

7 repealed.

8 (5) AT-RISK CHILD CARE PROGRAM.—

9 (A) PROGRAM AUTHORITY.—Section 402

10 of the Social Security Act (42 U.S.C. 602) is

11 amended—

12 (i) in subsection (g)(7), by striking

13 ‘‘and subsection (i)’’; and

14 (ii) by striking subsection (i).

15 (B) FUNDING PROVISIONS.—Section 403

16 of the Social Security Act (42 U.S.C. 603) is

17 amended by striking subsection (n).

18 (d) EFFECTIVE DATE.—The amendments and re19 peals made by this section shall take effect on October

20 1, 1994.

21 SEC. 595. AWARDS OF PELL GRANTS TO PRISONERS PRO22 HIBITED.

23 (a) IN GENERAL.—Section 401(b)(8) the Higher

24 Education Act of 1965 (20 U.S.C. 1070a(b)(8)) is amend25 ed to read as follows:
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1 ‘‘(8) No basic grant shall be awarded under this sub2 part to any individual who is incarcerated in any Federal

3 or State penal institution.’’.

4 (b) EFFECTIVE DATE.—The amendment made by

5 this section shall apply with respect to periods of enroll6 ment beginning on or after the date of enactment of this

7 Act.

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