103D CONGRESS

1ST SESSION H. R. 3400

AN ACT

To provide a more effective, efficient, and

responsive government.
103D CONGRESS

1ST SESSION H. R. 3400

AN ACT

To provide a more effective, efficient, and responsive

government.

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 AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Government Reform and Savings Act of 1993’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title and table of contents.

TITLE I—DEPARTMENT OF AGRICULTURE

Subtitle A—Department of Agriculture Reorganization

Sec. 1001. Department of Agriculture reorganization.

Subtitle B—Eliminating Federal Support for Honey

Sec. 1101. Amendments to section 207 of the Agricultural Act of 1949.

Sec. 1102. Amendment to section 405 of the Agricultural Act of 1949.

Sec. 1103. Amendments to section 405A of the Agricultural Act of 1949.

Sec. 1104. Savings provision.
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TITLE II—DEPARTMENT OF COMMERCE

Sec. 2001. Polar satellite convergence.

TITLE III—DEPARTMENT OF DEFENSE

Sec. 3001. Use of proceeds from the sale of recyclable materials at military installations.

Sec. 3002. Closure of the Uniformed Services University of the Health

Sciences.

Sec. 3003. Streamlining and reorganization of the Corps of Engineers.

TITLE IV—DEPARTMENT OF ENERGY

Subtitle A—Alaska Power Administration Sale Authorization

Sec. 4001. Short title.

Sec. 4002. Sale of Snettisham and Eklutna hydroelectric projects.

Sec. 4003. Assessment of alternative options.

Subtitle B—Federal-Private Cogeneration of Electricity

Sec. 4101. Federal-private cogeneration of electricity.

Subtitle C—Power Marketing Administrations

Sec. 4201. Power Marketing Administrations refinancing study.

Sec. 4202. Bonneville Power Administration refinancing study.

Subtitle D—Termination of Advanced Liquid Metal Reactor Program

Sec. 4301. Termination of advanced liquid metal reactor program.

TITLE V—DEPARTMENT OF HEALTH AND HUMAN SERVICES

Sec. 5001. Study of methods to increase flexibility in contracting for Medicare

claims processing.

Sec. 5002. Workers’ compensation data exchange pilot projects.

Sec. 5003. Federal clearinghouse on death information.

Sec. 5004. Continuing disability reviews.

TITLE VI—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

Sec. 6001. Multifamily property disposition.

Sec. 6002. Section 235 mortgage refinancing.

Sec. 6003. Use of emergency assistance funds for residency in multifamily

housing disposition projects.

Sec. 6004. Additional employees to facilitate disposition of FHA inventory

properties.

Sec. 6005. HUD streamlining.

TITLE VII—DEPARTMENT OF THE INTERIOR

Sec. 7001. Improvement of Minerals Management Service royalty collection.

Sec. 7002. Phase out of Mineral Institute program.

Sec. 7003. Reorganization study of Bureau of Indian Affairs.

Sec. 7004. Termination of annual direct grant assistance.

TITLE VIII—MISCELLANEOUS PROVISIONS
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Sec. 8001. Limitation on certain annual pay adjustments.

Sec. 8002. Reduction of Federal full-time equivalent positions.

TITLE IX—DEPARTMENT OF LABOR

Sec. 9001. Deterrence of fraud and abuse in FECA program.

Sec. 9002. Enhancement of reemployment programs for Federal employees disabled in the performance of duty.

Sec. 9003. Wage determinations.

Sec. 9004. Elimination of filing requirements.

TITLE X—DEPARTMENT OF STATE AND UNITED STATES

INFORMATION AGENCY

Sec. 10001. Improvement of efficiency of State Department activities.

Sec. 10002. Improvement of efficiency of USIA public diplomacy activities.

TITLE XI—DEPARTMENT OF TRANSPORTATION

Sec. 11001. Reemployment rights for certain merchant seamen.

Sec. 11002. Reform of essential air service program.

Sec. 11003. Airway science program.

Sec. 11004. Collegiate training initiative.

TITLE XII—DEPARTMENT OF VETERANS AFFAIRS

Subtitle A—Administrative Improvements

Sec. 12001. Elimination of hospital and nursing home bed capacity requirements.

Sec. 12002. Elimination of requirement for minimum number of personnel in

the Office of Inspector General.

Sec. 12003. Modification of administrative reorganization authority.

Sec. 12004. Elimination of requirement for certain services in the Veterans

Health Administration.

Sec. 12005. Modification of physician requirement for certain senior Veterans

Health Administration officials.

Sec. 12006. Use of funds recovered from third parties.

Subtitle B—Closure of Certain Facilities

Sec. 12101. Closure of supply depots.

Sec. 12102. Waiver of other provisions.

Subtitle C—Provision of Information From the Medicare and Medicaid

Coverage Data Bank to the Department of Veterans Affairs

Sec. 12201. Provision of data bank information to Department of Veterans Affairs.

Subtitle D—Veterans’ Appeals Improvements

Sec. 12301. Board of Veterans’ Appeals.

Sec. 12302. Decisions by the Board.

Sec. 12303. Technical correction.

Sec. 12304. Hearings.

Sec. 12305. Elimination of requirement for annual income questionnaires.
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TITLE XIII—HUMAN RESOURCE MANAGEMENT

Sec. 13001. Federal workforce training.

Sec. 13002. SES annual leave accumulation.

TITLE XIV—REINVENTING SUPPORT SERVICES

Sec. 14001. Short title.

Sec. 14002. Transfer of functions.

Sec. 14003. Government publications to be available throughout the Government.

Sec. 14004. Inventory and furnishing of Government publications.

Sec. 14005. Additional responsibilities of the Public Printer.

Sec. 14006. Additional responsibilities of the Superintendent of Documents.

Sec. 14007. Depository libraries.

Sec. 14008. Definitions.

TITLE XV—STREAMLINING MANAGEMENT CONTROL

Sec. 15001. Authority to increase efficiency in reporting to Congress.

TITLE XVI—FINANCIAL MANAGEMENT

Sec. 16001. Short title.

Sec. 16002. Electronic payments.

Sec. 16003. Franchise funds and innovation funds.

Sec. 16004. Simplification of management reporting process.

Sec. 16005. Annual financial reports.

Sec. 16006. Authorization of appropriations for enhancing debt collection.

Sec. 16007. Contracts for collection services.

Sec. 16008. Notification to agencies of debtors’ mailing addresses.

Sec. 16009. Contracts for collection services.

Sec. 16010. Adjusting civil monetary penalties for inflation.

TITLE XVII—RESCISSIONS OF BUDGET AUTHORITY

Sec. 17001. Short title.

Subtitle A—Department of Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies

Subtitle B—Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies

Subtitle C—Energy and Water Development

Subtitle D—Foreign Operations, Export Financing, and Related Agencies

Subtitle E—Department of the Interior and Related Agencies

Subtitle F—Departments of Labor, Health and Human Services, Education,

and Related Agencies

Subtitle G—Legislative Branch

Subtitle H—Department of Defense-Military

Subtitle I—Department of Transportation and Related Agencies
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Subtitle J—Treasury, Postal Service, and General Government

Subtitle K—Departments of Veterans Affairs and Housing and Urban

Development, and Independent Agencies

1 TITLE I—DEPARTMENT OF

2 AGRICULTURE

3 Subtitle A—Department of

4 Agriculture Reorganization

5 SEC. 1001. DEPARTMENT OF AGRICULTURE REORGANIZA6 TION.

7 (a) IN GENERAL.—The Secretary of Agriculture shall

8 (1) consolidate field, regional, and national offices within

9 the Department of Agriculture and (2) reduce personnel

10 by not less than 7,500 staff years, so as to achieve a re11 duction in expenditures by the Department of not less

12 than $1,640,000,000 during the period fiscal years 1995

13 through 1999.

14 (b) AUTHORITIES.—In consolidating offices and re15 ducing personnel as required by subsection (a), the Sec16 retary shall take such action on the basis of the powers

17 vested in the Secretary under other laws.

18 Subtitle B—Eliminating Federal

19 Support for Honey

20 SEC. 1101. AMENDMENTS TO SECTION 207 OF THE AGRICUL21 TURAL ACT OF 1949.

22 (a) Section 207(a) of the Agricultural Act of 1949

23 is amended to read as follows:
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1 ‘‘(a) IN GENERAL.—For each of the 1991 through

2 1995 crops of honey, the price of honey shall be supported

3 through loans, purchases, or other operations, except that

4 for the 1994 and 1995 crops, the price of honey shall be

5 supported through recourse loans.

6 ‘‘(1) For the 1991 through 1993 crop years,

7 the rate of support shall be not less than 53.8 cents

8 per pound.

9 ‘‘(2) For the 1994 and 1995 crop years, the

10 Secretary shall provide recourse loans to producers

11 at such a rate that minimizes costs and forfeitures,

12 except that such rate shall not be less than 44 cents

13 a pound. Section 407 shall not be applicable to

14 honey forfeited to the Commodity Credit Corpora15 tion under loans made under this paragraph.

16 ‘‘(3) A producer who fails to repay a loan made

17 under paragraph (2) by the end of the crop year fol18 lowing the crop year for which such loan was made

19 shall be ineligible for a loan under this section for

20 subsequent crop years, except that the Secretary

21 may waive this provision in any case where in which

22 the Secretary determines that the failure to repay

23 the loan was due to hardship conditions or cir24 cumstances beyond the control of the producer.’’.
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1 (b) Section 207(b) of the Agricultural Act of 1949

2 is amended by striking ‘‘for a crop’’ and inserting ‘‘for

3 the 1991 through 1993 crops’’.

4 (c) Section 207(c) of the Agricultural Act of 1949

5 is amended by striking ‘‘1998’’ and inserting ‘‘1993’’.

6 (d) Section 207(e) of the Agricultural Act of 1949

7 is amended by—

8 (1) striking subparagraphs (D) through (G);

9 (2) inserting ‘‘and’’ after the semicolon follow10 ing subparagraph (B); and

11 (3) changing the semicolon following subpara12 graph (C) to a period.

13 (e) Section 207(j) of the Agricultural Act of 1949 is

14 amended by striking ‘‘1998’’ and inserting ‘‘1995’’.

15 SEC. 1102. AMENDMENT TO SECTION 405 OF THE AGRICUL16 TURAL ACT OF 1949.

17 Section 405(a) of the Agricultural Act of 1949 is

18 amended by striking in the first sentence ‘‘section 405A’’

19 and inserting ‘‘sections 207 and 405A’’.

20 SEC. 1103. AMENDMENTS TO SECTION 405A OF THE AGRI21 CULTURAL ACT OF 1949.

22 Section 405A(a) of the Agricultural Act of 1949 is

23 amended by striking all that follows ‘‘1992 crop year,’’

24 and inserting ‘‘and $150,000 in the 1993 crop year.’’.
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1 SEC. 1104. SAVINGS PROVISION.

2 A provision of this subtitle may not affect the liability

3 of any person under any provision of law as in effect be4 fore the effective date of the provision.

5 TITLE II—DEPARTMENT OF

6 COMMERCE

7 SEC. 2001. POLAR SATELLITE CONVERGENCE.

8 The Departments of Commerce and Defense and the

9 National Aeronautics and Space Administration shall pro10 pose a single operational polar environmental and weather

11 satellite system, which meets national needs. It is the

12 sense of Congress that such a proposed system, contingent

13 on the provision of adequate resources to fully meet the

14 national security interests of the United States, shall be

15 operated as a civil system by the Department of Com16 merce. A detailed implementation plan shall be submitted

17 to Congress by the Director of the Office of Science and

18 Technology Policy, in consultation with the Departments

19 of Commerce and Defense and the National Aeronautics

20 and Space Administration, by April 30, 1994. The plan

21 shall be designed to result in savings of up to $300 million

22 in budget authority and up to $251 million in outlays be23 tween fiscal years 1994 and 1999. The National Aero24 nautics and Space Administration and the National Oce25 anic and Atmospheric Administration shall jointly develop

26 a plan to implement a program modelled after the Oper-
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1 ational Satellite Improvement Program for the purpose of

2 making incremental enhancements in operational weather

3 satellite systems. The goal of the plan shall be to achieve

4 these enhancements in a cost effective manner by imple5 menting procedures aimed at avoiding duplication of

6 effort, cost overruns, and schedule delays. The Adminis7 trators of the National Aeronautics and Space Adminis8 tration and the National Oceanic and Atmospheric Admin9 istration shall submit to Congress no later than April 30,

10 1994, a report detailing the elements of the plan and out11 lining savings in budget authority and budget outlays pro12 jected through fiscal year 1999.

13 TITLE III—DEPARTMENT OF

14 DEFENSE

15 SEC. 3001. USE OF PROCEEDS FROM THE SALE OF RECY16 CLABLE MATERIALS AT MILITARY INSTALLA17 TIONS.

18 Section 2577 of title 10, United States Code, is

19 amended by striking out subsections (b) and (c) and in20 serting in lieu thereof the following:

21 ‘‘(b) Proceeds from the sale of recyclable materials

22 at an installation shall be credited—

23 ‘‘(1) to funds available for operations and main24 tenance at that installation; and
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1 ‘‘(2) at the discretion of the commander of the

2 installation and if a balance remains available after

3 such funds are credited, to the nonappropriated mo4 rale and welfare account of the installation to be

5 used for any morale or welfare activity.’’.

6 SEC. 3002. CLOSURE OF THE UNIFORMED SERVICES UNI7 VERSITY OF THE HEALTH SCIENCES.

8 (a) CLOSURE REQUIRED.—Section 2112 of title 10,

9 United States Code, is amended—

10 (1) in subsection (c)—

11 (A) by inserting ‘‘and the closure’’ after

12 ‘‘The development’’; and

13 (B) by striking out ‘‘subsection (a)’’ and

14 inserting in lieu thereof ‘‘subsections (a) and

15 (b)’’; and

16 (2) by striking out subsection (b) and inserting

17 in lieu thereof the following new subsection:

18 ‘‘(b)(1) Not later than September 30, 1998, the Sec19 retary of Defense shall close the University. To achieve

20 the closure of the University by that date, the Secretary

21 shall begin to terminate the operations of the University

22 beginning in fiscal year 1995. On account of the required

23 closure of the University under this subsection, no stu24 dents may be admitted to begin studies in the University

25 after September 30, 1994.
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1 ‘‘(2) Section 2687 of this title and any other provi2 sion of law establishing preconditions to the closure of any

3 activity of the Department of Defense shall not apply with

4 regard to the termination of the operations of the Univer5 sity or to the closure of the University pursuant to this

6 subsection.’’.

7 (b) FINAL GRADUATION OF STUDENTS.—Section

8 2112(a) of such title is amended—

9 (1) in the second sentence, by striking out ‘‘,

10 with the first class graduating not later than Sep11 tember 21, 1982.’’ and inserting in lieu thereof ‘‘,

12 except that no students may be awarded degrees by

13 the University after September 30, 1998.’’; and

14 (2) by adding at the end the following new sen15 tence: ‘‘On a case-by-case basis, the Secretary of De16 fense may provide for the continued education of a

17 person who, immediately before the closure of the

18 University under subsection (b), was a student in

19 the University and completed substantially all re20 quirements necessary to graduate from the Univer21 sity.’’.

22 (c) TERMINATION OF UNIVERSITY BOARD OF RE23 GENTS.—Section 2113 of such title is amended by adding

24 at the end the following new subsection:
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1 ‘‘(k) The Board shall terminate on September 30,

2 1998, except that the Secretary of Defense may terminate

3 the Board before that date as part of the termination of

4 the operations of the University under section 2112(b) of

5 this title.’’.

6 (d) PROHIBITION ON RECIPROCAL AGREEMENTS.—

7 Section 2114(e)(1) of such title is amended by adding at

8 the end the following new sentence: ‘‘No agreement may

9 be entered into under this subsection after September 30,

10 1994, and all such agreements shall terminate not later

11 than September 30, 1998.’’.

12 (e) CONFORMING AMENDMENTS.—(1) Section 178 of

13 such title, relating to the Henry M. Jackson Foundation

14 for the Advancement of Military Medicine, is amended—

15 (A) in subsection (b), by inserting after ‘‘Uni16 formed Services University of the Health Sciences,’’

17 the following: ‘‘or after the closure of the University,

18 with the Department of Defense,’’;

19 (B) in subsection (c)(1)(B), by striking out

20 ‘‘the Dean of the Uniformed Services University of

21 the Health Sciences’’ and inserting in lieu thereof ‘‘a

22 person designated by the Secretary of Defense’’; and

23 (C) in subsection (g)(1), by inserting after

24 ‘‘Uniformed Services University of the Health
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1 Sciences,’’ the following: ‘‘or after the closure of the

2 University, the Secretary of Defense’’.

3 (2) Section 466(a)(1)(B) of the Public Health Service

4 Act (42 U.S.C. 286a(a)(1)(B)), relating to the Board of

5 Regents of the National Library of Medicine, is amended

6 by striking out ‘‘the Dean of the Uniformed Services Uni7 versity of the Health Sciences,’’.

8 (f) CLERICAL AMENDMENTS.—(1) The heading of

9 section 2112 of title 10, United States Code, is amended

10 to read to read as follows:

11 ‘‘§ 2112. Establishment and closure of University’’.

12 (2) The item relating to such section in the table of

13 sections at the beginning of chapter 104 of such title is

14 amended to read as follows:

‘‘2112. Establishment and closure of University.’’.

15 SEC. 3003. STREAMLINING AND REORGANIZATION OF

16 CORPS OF ENGINEERS.

17 (a) DEVELOPMENT OF PLAN.—The Secretary of the

18 Army shall develop a plan to reorganize the United States

19 Army Corps of Engineers by reorganizing the head20 quarters offices, reducing the number of division offices,

21 and restructuring the district functions so as to increase

22 the efficiency of the United States Army Corps of Engi23 neers and reduce staff and costs, with the goal of achiev24 ing approximately $50 million in net annual savings by

25 fiscal year 1998.
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1 (b) TRANSMITTAL AND APPROVAL OF PLAN.—The

2 Secretary of the Army shall transmit to Congress the plan

3 developed under subsection (a) for approval. The Sec4 retary shall not implement such plan until it is approved

5 by Congress.

6 TITLE IV—DEPARTMENT OF

7 ENERGY

8 Subtitle A—Alaska Power

9 Administration Sale Authorization

10 SEC. 4001. SHORT TITLE.

11 This subtitle may be cited as the ‘‘Alaska Power Ad12 ministration Sale Authorization Act’’.

13 SEC. 4002. SALE OF SNETTISHAM AND EKLUTNA HYDRO14 ELECTRIC PROJECTS.

15 (a) The Secretary of Energy may sell the Snettisham

16 Hydroelectric Project (referred to in this subtitle as

17 ‘‘Snettisham’’) to the State of Alaska Power Authority

18 (now known as the Alaska Industrial Development and

19 Export Authority, and referred to in this subtitle as the

20 ‘‘Authority’’), or its successor, in accordance with the Feb21 ruary 10, 1989, Snettisham Purchase Agreement between

22 the Alaska Power Administration of the United States De23 partment of Energy and the Authority.

24 (b) The Secretary of Energy may sell the Eklutna

25 Hydroelectric Project (referred to in this subtitle as
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1 ‘‘Eklutna’’) to the Municipality of Anchorage doing busi2 ness as Municipal Light and Power, the Chugach Electric

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

4 Inc. (referred to in this subtitle as ‘‘Eklutna Purchasers’’)

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

6 Agreement between the United States Department of En7 ergy and the Eklutna Purchasers.

8 (c) The heads of other affected Federal departments

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

10 assist the Secretary of Energy in implementing the sales

11 authorized by this Act.

12 (d) The Secretary of Energy shall deposit sale pro13 ceeds in the Treasury of the United States to the credit

14 of miscellaneous receipts.

15 (e) There are authorized to be appropriated such

16 sums as are necessary to prepare or acquire Eklutna and

17 Snettisham assets for sale and conveyance, such prepara18 tions to provide sufficient title to ensure the beneficial use,

19 enjoyment, and occupancy to the purchasers of the assets

20 to be sold.

21 (f) No later than one year after both of the sales au22 thorized in section 4002 have occurred, as measured by

23 the Transaction Dates stipulated in the Purchase Agree24 ments, the Secretary of Energy shall—
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1 (1) complete the business of, and close out, the

2 Alaska Power Administration; and

3 (2) prepare and submit to Congress a report

4 documenting the sales.

5 SEC. 4003. ASSESSMENT OF ALTERNATIVE OPTIONS.

6 Before taking any action authorized in section 4002,

7 the Secretary shall assess the feasibility of alternative op8 tions for maximizing the return to the Treasury from the

9 sale of the Alaska Power Marketing Administration.

10 Subtitle B—Federal-Private

11 Cogeneration of Electricity

12 SEC. 4101. FEDERAL-PRIVATE COGENERATION OF ELEC13 TRICITY.

14 Section 804(2)(B) of the National Energy Conserva15 tion Policy Act (42 U.S.C. 8287c(2)(B)) is amended by

16 striking ‘‘, excluding any cogeneration process for other

17 than a federally owned building or buildings or other fed18 erally owned facilities.’’.

19 Subtitle C—Power Marketing

20 Administrations

21 SEC. 4201. POWER MARKETING ADMINISTRATIONS REFI22 NANCING STUDY.

23 The Administrators of the Southeastern, Southwest24 ern and Western Area Power Administrations, in consulta25 tion with their respective firm power contractors and other
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1 interested parties (including, where applicable, the Bureau

2 of Reclamation), shall study refinancing options, including

3 modifications to existing financial and accounting prac4 tices that may be required to effectively and efficiently

5 issue and manage revenue bonds. Such refinancing options

6 shall, for each of the power systems they administer, sat7 isfy their respective repayment obligations to the United

8 States Treasury without causing any increase in their re9 spective firm power rates beyond the rates that would oth10 erwise result under rate-setting policies and practices in

11 effect on October 1, 1993. The results of such studies shall

12 be submitted no later than May 1, 1994, to the Speaker

13 of the House of Representatives and the President of the

14 Senate. Such studies shall be made within the limits of

15 existing funding, or, if necessary, with funds contributed

16 by firm power contractors.

17 SEC. 4202. BONNEVILLE POWER ADMINISTRATION REFI18 NANCING STUDY.

19 The Administrator of the Bonneville Power Adminis20 tration, in consultation with his customers and constitu21 ents, shall study options, including an open market

22 buyout, a Treasury buyout, or any other reasonable alter23 native that would lead to a permanent resolution of the

24 repayment reform initiative directed at Bonneville’s appro25 priation investment repayment obligation. Such refinanc-
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1 ing options shall satisfy the outstanding appropriated in2 vestment repayment obligation, without increasing rates

3 beyond the rates that would otherwise result under rate4 setting policies and practices in effect on October 1, 1993.

5 The result of this study shall be submitted to the Speaker

6 of the House of Representatives and the President of the

7 Senate no later than March 1, 1994.

8 Subtitle D—Termination of Ad9 vanced Liquid Metal Reactor

10 Program

11 SEC. 4301. TERMINATION OF ADVANCED LIQUID METAL RE12 ACTOR PROGRAM.

13 (a) IN GENERAL.—No amount of funds provided for

14 any fiscal year may be obligated by the Secretary of En15 ergy after the date of the enactment of this Act for the

16 civilian portion of the advanced liquid metal reactor pro17 gram, including—

18 (1) the program’s promotion of the use of such

19 reactors for the disposal of high-level radioactive

20 waste; and

21 (2) Department of Energy support for regu22 latory applications to the Nuclear Regulatory Com23 mission for design certification for advanced liquid

24 metal reactors or related licensed facilities.
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1 (b) PROHIBITION OF OTHER USES.—The amount of

2 funds available on the date of the enactment of this Act

3 for obligation for the program described in subsection (a)

4 shall not be available for obligation by the Secretary of

5 Energy after such date for any other purpose.

6 (c) EXCEPTION.—Subsections (a) and (b) shall not

7 apply to obligations required to be incurred in terminating

8 the program described in subsection (a).

9 TITLE V—DEPARTMENT OF

10 HEALTH AND HUMAN SERVICES

11 SEC. 5001. STUDY OF METHODS TO INCREASE FLEXIBILITY

12 IN CONTRACTING FOR MEDICARE CLAIMS

13 PROCESSING.

14 (a) STUDY.—The Secretary of Health and Human

15 Services shall conduct a study of methods to increase flexi16 bility in contracting for claims processing under the medi17 care program and to otherwise simplify the administration

18 of the program, and shall include in the study an analysis

19 of the feasibility and desirability of carrying out the follow20 ing changes to the program:

21 (1) Permitting entities other than insurance

22 companies to serve as carriers under part B of the

23 program.

24 (2) Eliminating the requirement that fiscal

25 intermediaries under part A of the program be nom-
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1 inated by a group or association of providers of serv2 ices under such part.

3 (3) Increasing the Secretary’s flexibility in as4 signing particular functions to fiscal intermediaries

5 and carriers.

6 (4) Expanding the circumstances and standards

7 under which the Secretary may terminate a contract

8 with a fiscal intermediary or a carrier.

9 (5) Permitting the Secretary to require that a

10 fiscal intermediary or a carrier meet data matching

11 requirements for purposes of identifying situations

12 in which medicare is a secondary payer.

13 (6) Eliminating the requirements that the Sec14 retary make an additional payment to fiscal

15 intermediaries and carriers for administrative costs.

16 (7) Eliminating the requirement that the Sec17 retary enter into an agreement with a separate car18 rier for purposes of administering part B with re19 spect to individuals entitled to benefits as qualified

20 railroad retirement beneficiaries.

21 (b) REPORT.—Not later than April 30, 1994, the

22 Secretary shall submit a report to the Committees on En23 ergy and Commerce and Ways and Means of the House

24 of Representatives and the Committee on Finance of the

25 Senate on the study conducted under subsection (a), to-
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1 gether with any recommendations of the Secretary for

2 statutory revisions to increase flexibility and reduce costs

3 in the administration of the medicare program.

4 SEC. 5002. WORKERS’ COMPENSATION DATA EXCHANGE

5 PILOT PROJECTS.

6 (a) IN GENERAL.—The Secretary is authorized to

7 conduct pilot projects with not more than three States for

8 the purpose of studying various means of obtaining on a

9 timely and accurate basis such information relating to

10 benefits paid on account of total or partial disability under

11 the States’ workers’ compensation plan as the Secretary

12 may require for the purpose of carrying out section 224

13 of the Social Security Act.

14 (b) REIMBURSEMENT OF STATE COSTS.—A State

15 that participates in a project conducted pursuant to sub16 section (a) may be paid by the Secretary, from amounts

17 available pursuant to subsection (e), the reasonable costs

18 of such participation.

19 (c) EVALUATION.—The Secretary shall evaluate each

20 project conducted pursuant to subsection (a) and shall

21 apply the findings, as appropriate, to agreements nego22 tiated pursuant to subsection (h)(2) of such section 224.

23 (d) DEADLINE FOR COMMENCEMENT OF

24 PROJECTS.—No pilot project authorized by subsection (a)
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1 may be commenced after the expiration of the 5-year pe2 riod beginning on the date of enactment of this section.

3 (e) FUNDING.—Expenditures for pilot projects con4 ducted pursuant to subsection (a) may be made from the

5 Federal Disability Insurance Trust Fund and the Old-Age

6 and Survivors Insurance Trust Fund, as determined ap7 propriate by the Secretary.

8 (f) EFFECTIVE DATE.—This section shall be effective

9 upon enactment.

10 SEC. 5003. FEDERAL CLEARINGHOUSE ON DEATH INFOR11 MATION.

12 (a) CLEARINGHOUSE DESIGNATION.—The heading

13 for section 205(r) of the Social Security Act is amended

14 to read as follows: ‘‘Clearinghouse on Death Information’’.

15 (b) ACQUISITION OF DISCLOSABLE DEATH INFORMA16 TION FROM STATES.—

17 (1) Section 205(r)(1)(A) of the Social Security

18 Act is amended by striking ‘‘to furnish the Secretary

19 periodically with’’ and inserting ‘‘to furnish periodi20 cally to the Secretary, for use in carrying out sub21 paragraph (B) and paragraphs (3) and (4),’’.

22 (2)(A) Notwithstanding clause (ii) of section

23 6103(d)(4)(B) of the Internal Revenue Code of 1986

24 (as added by section 13444(a) of the Omnibus

25 Budget Reconciliation Act of 1993 (Public Law
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1 103–66)), in order for a contract requiring a State

2 to furnish the Secretary of Health and Human Serv3 ices information concerning individuals with respect

4 to whom death certificates (or equivalent documents

5 maintained by the State or any subdivision thereof)

6 have been officially filed with it to meet the require7 ments of such section 6103(d)(4)(B), such contract

8 shall authorize the Secretary to use such information

9 and to redisclose such information to any Federal

10 agency or any agency of a State or political subdivi11 sion in accordance with section 205(r) of the Social

12 Security Act.

13 (B) The provisions of subparagraph (A) of this

14 paragraph and, notwithstanding subparagraph (C)

15 of section 6103(d)(4) of the Internal Revenue Code

16 of 1986 (as added by section 13444(a) of the Omni17 bus Budget Reconciliation Act of 1993 (Public Law

18 103–66)), the provisions of subparagraphs (A) and

19 (B) of such section 6103(d)(4) shall apply to all

20 States, regardless of whether they were, on July 1,

21 1993, pursuant to a contract, furnishing the Sec22 retary of Health and Human Services information

23 concerning individuals with respect to whom death

24 certificates (or equivalent documents maintained by
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•HR 3400 EH

1 the State or any subdivision thereof) have been offi2 cially filed with it.

3 (C) Subparagraphs (A) and (B) of this para4 graph shall take effect at the same time as the

5 amendment made by section 13444(a) of the Omni6 bus Budget Reconciliation Act of 1993 takes effect.

7 (D) For the purpose of applying the special rule

8 contained in section 13444(b)(2) of the Omnibus

9 Budget Reconciliation Act of 1993, the reference in

10 such section to section 6103(d)(4)(B) of the Internal

11 Revenue Code of 1986 shall be deemed to include a

12 reference to subparagraph (A) of this paragraph.

13 (c) PAYMENT TO STATES FOR DEATH INFORMA14 TION.—Section 205(r)(2) of the Social Security Act is

15 amended—

16 (1) by striking ‘‘the reasonable costs’’ and in17 serting ‘‘a reasonable amount’’; and

18 (2) by striking ‘‘transcribing and transmitting’’

19 and inserting ‘‘furnishing’’.

20 (d) FEE FOR CLEARINGHOUSE INFORMATION.—

21 (1) Section 205(r)(3) of the Social Security Act

22 is amended by striking out ‘‘if’’ and all that follows,

23 and inserting ‘‘, provided that such agency agrees to

24 pay the fees set by the Secretary pursuant to para25 graph (8).’’.
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1 (2) Section 205(r)(4) of the Social Security Act

2 is amended—

3 (A) by inserting ‘‘and political subdivi4 sions’’ after ‘‘States’’ the first place such term

5 appears;

6 (B) by striking ‘‘the States’’ and inserting

7 ‘‘any State, political subdivision, or combination

8 thereof’’; and

9 (C) by striking ‘‘if’’ and all that follows

10 and inserting ‘‘provided such States and politi11 cal subdivisions agree to pay the fees set by the

12 Secretary pursuant to paragraph (8).’’.

13 (3) Section 205(r) of the Social Security Act is

14 amended by adding at the end a new paragraph as

15 follows: ‘‘(8) The Secretary shall establish fees for

16 the disclosure of information pursuant to this sub17 section. Such fees shall be in amounts sufficient to

18 cover all costs (including indirect costs) associated

19 with the Secretary’s responsibilities under this sub20 section. Fees collected pursuant to this paragraph

21 shall remain available, without fiscal year limitation,

22 to the Secretary to cover the administrative costs of

23 carrying out this subsection.’’.

24 (e) TECHNICAL ASSISTANCE.—Section 205(r) of the

25 Social Security Act is amended by adding at the end (after
26

•HR 3400 EH

1 the paragraph added by subsection (d)(3)) the following

2 new paragraph:

3 ‘‘(9) The Secretary may provide to any Federal or

4 State agency that provides Federally funded benefits,

5 upon the request of such agency, technical assistance on

6 the effective collection, dissemination, and use of death in7 formation available under this subsection for the purpose

8 of ensuring that such benefits are not erroneously paid

9 to deceased individuals.’’.

10 (f) TECHNICAL AMENDMENT.—Section 205(r) of the

11 Social Security Act is amended by adding at the end (after

12 the paragraph added by subsection (e)) the following new

13 paragraph:

14 ‘‘(10) For purposes of this subsection, the term ‘Fed15 erally funded benefit’ means any payment funded in whole

16 or in part by the Federal Government.’’.

17 (g) EFFECTIVE DATE.—Except as otherwise pro18 vided, the amendments made by this section shall take ef19 fect upon their enactment.

20 SEC. 5004. CONTINUING DISABILITY REVIEWS.

21 Section 201(g)(1)(A) of the Social Security Act is

22 amended by adding at the end of the paragraph the follow23 ing sentence: ‘‘From funds provided pursuant to this sub24 paragraph for the following fiscal years, not less than the

25 following amounts shall be available only for conducting
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1 continuing disability reviews and related workloads: for

2 fiscal year 1994, $46 million; for fiscal year 1995,

3 $47,200,000; for fiscal year 1996, $48,500,000; for fiscal

4 year 1997, $49,800,000; for fiscal year 1998,

5 $51,100,000; and for fiscal year 1999, $52,500,000.’’.

6 TITLE VI—DEPARTMENT OF

7 HOUSING AND URBAN DEVEL8 OPMENT

9 SEC. 6001. MULTIFAMILY PROPERTY DISPOSITION.

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

11 (1) the portfolio of multifamily housing project

12 mortgages insured by the FHA is severely troubled

13 and at risk of default, requiring the Secretary to in14 crease loss reserves from $5,500,000,000 in 1991 to

15 $11,900,000,000 in 1992 to cover estimated future

16 losses;

17 (2) the inventory of multifamily housing

18 projects owned by the Secretary has more than tri19 pled since 1989, and, by the end of 1993, may ex20 ceed 75,000 units;

21 (3) the cost to the Federal Government of own22 ing and maintaining multifamily housing projects es23 calated to approximately $250,000,000 in fiscal year

24 1992;
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1 (4) the inventory of multifamily housing

2 projects subject to mortgages held by the Secretary

3 has increased dramatically, to more than 2,400

4 mortgages, and approximately half of these mort5 gages, with over 230,000 units, are delinquent;

6 (5) the inventory of insured and formerly in7 sured multifamily housing projects is rapidly deterio8 rating, endangering tenants and neighborhoods;

9 (6) over 5 million families today have a critical

10 need for housing that is affordable and habitable;

11 and

12 (7) the current statutory framework governing

13 the disposition of multifamily housing projects effec14 tively impedes the Government’s ability to dispose of

15 properties, protect tenants, and ensure that projects

16 are maintained over time.

17 (b) MANAGEMENT AND DISPOSITION OF MULTIFAM18 ILY HOUSING PROJECTS.—Section 203 of the Housing

19 and Community Development Amendments of 1978 (12

20 U.S.C. 1701z–11) is amended to read as follows:

21 ‘‘SEC. 203. MANAGEMENT AND DISPOSITION OF MULTIFAM22 ILY HOUSING PROJECTS.

23 ‘‘(a) GOALS.—The Secretary of Housing and Urban

24 Development shall manage or dispose of multifamily hous25 ing projects that are owned by the Secretary or that are
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1 subject to a mortgage held by the Secretary in a manner

2 that—

3 ‘‘(1) is consistent with the National Housing

4 Act and this section;

5 ‘‘(2) will protect the financial interests of the

6 Federal Government; and

7 ‘‘(3) will, in the least costly fashion among rea8 sonable available alternatives, further the goals of—

9 ‘‘(A) preserving housing so that it can re10 main available to and affordable by low-income

11 persons;

12 ‘‘(B) preserving and revitalizing residential

13 neighborhoods;

14 ‘‘(C) maintaining existing housing stock in

15 a decent, safe, and sanitary condition;

16 ‘‘(D) minimizing the involuntary displace17 ment of tenants;

18 ‘‘(E) maintaining housing for the purpose

19 of providing rental housing, cooperative hous20 ing, and homeownership opportunities for low21 income persons; and

22 ‘‘(F) minimizing the need to demolish mul23 tifamily housing projects.

24 The Secretary, in determining the manner in which a

25 project is to be managed or disposed of, may balance com-
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1 peting goals relating to individual projects in a manner

2 that will further the purposes of this section.

3 ‘‘(b) DEFINITIONS.—For purposes of this section:

4 ‘‘(1) MULTIFAMILY HOUSING PROJECT.—The

5 term ‘multifamily housing project’ means any multi6 family rental housing project which is, or prior to

7 acquisition by the Secretary was, assisted or insured

8 under the National Housing Act, or was subject to

9 a loan under section 202 of the Housing Act of

10 1959.

11 ‘‘(2) SUBSIDIZED PROJECT.—The term ‘sub12 sidized project’ means a multifamily housing project

13 that, immediately prior to the assignment of the

14 mortgage on such project to, or the acquisition of

15 such mortgage by, the Secretary, was receiving any

16 of the following types of assistance:

17 ‘‘(A) Below market interest rate mortgage

18 insurance under the proviso of section

19 221(d)(5) of the National Housing Act.

20 ‘‘(B) Interest reduction payments made in

21 connection with mortgages insured under sec22 tion 236 of the National Housing Act.

23 ‘‘(C) Direct loans made under section 202

24 of the Housing Act of 1959.

25 ‘‘(D) Assistance in the form of—
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1 ‘‘(i) rent supplement payments under

2 section 101 of the Housing and Urban De3 velopment Act of 1965,

4 ‘‘(ii) additional assistance payments

5 under section 236(f)(2) of the National

6 Housing Act,

7 ‘‘(iii) housing assistance payments

8 made under section 23 of the United

9 States Housing Act of 1937 (as in effect

10 before January 1, 1975), or

11 ‘‘(iv) housing assistance payments

12 made under section 8 of the United States

13 Housing Act of 1937 (excluding payments

14 made for tenant-based assistance under

15 section 8),

16 if (except for purposes of section 183(c) of the

17 Housing and Community Development Act of

18 1987) such assistance payments are made to

19 more than 50 percent of the units in the

20 project.

21 ‘‘(3) FORMERLY SUBSIDIZED PROJECT.—The

22 term ‘formerly subsidized project’ means a multi23 family housing project owned by the Secretary that

24 was a subsidized project immediately prior to its ac25 quisition by the Secretary.
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1 ‘‘(4) UNSUBSIDIZED PROJECT.—The term

2 ‘unsubsidized project’ means a multifamily housing

3 project owned by the Secretary that is not a sub4 sidized project or a formerly subsidized project.

5 ‘‘(5) AFFORDABLE.—A unit shall be considered

6 affordable if—

7 ‘‘(A) for units occupied—

8 ‘‘(i) by very low-income families, the

9 rent does not exceed 30 percent of 50 per10 cent of the area median income, as deter11 mined by the Secretary, with adjustments

12 for smaller and larger families, except that

13 the Secretary may establish the rent based

14 on an amount higher or lower than 50 per15 cent of the median for the area on the

16 basis of the Secretary’s findings that such

17 variation is necessary because of prevailing

18 levels of construction costs or fair market

19 rents, or unusually high or low family in20 comes; and

21 ‘‘(ii) by low-income families other

22 than very low-income families, the rent

23 does not exceed 30 percent of 80 percent

24 of the area median income, as determined

25 by the Secretary, except that the Secretary
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1 may establish the rent based on an amount

2 higher or lower than 80 percent of the me3 dian for the area on the basis of the Sec4 retary’s findings that such variation is nec5 essary because of prevailing levels of con6 struction costs or fair market rents, or un7 usually high or low family incomes; or

8 ‘‘(B) the unit, or the family residing in the

9 unit, is receiving assistance under section 8 of

10 the United States Housing Act of 1937.

11 ‘‘(6) LOW-INCOME FAMILIES AND VERY LOW-IN12 COME FAMILIES.—The terms ‘low-income families’

13 and ‘very low-income families’ shall have the mean14 ings given the terms in section 3(b) of the United

15 States Housing Act of 1937.

16 ‘‘(7) PREEXISTING TENANT.—The term ‘pre17 existing tenant’ means, with respect to a multifamily

18 housing project, a family that—

19 ‘‘(A) resides in a unit in the project; and

20 ‘‘(B) immediately before foreclosure or ac21 quisition of the project by the Secretary, was

22 residing in a unit in the project.

23 ‘‘(8) MARKET AREA.—The term ‘market area’

24 means a market area determined by the Secretary

25 for purposes of establishing fair market rentals
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1 under section 8(c) of the United States Housing Act

2 of 1937.

3 ‘‘(9) SECRETARY.—The term ‘Secretary’ means

4 the Secretary of Housing and Urban Development.

5 ‘‘(c) MANAGEMENT OR DISPOSITION OF PROP6 ERTY.—

7 ‘‘(1) DISPOSITION TO PURCHASERS.—The Sec8 retary may, in carrying out this section, dispose of

9 a multifamily housing project owned by the Sec10 retary on a negotiated, competitive bid, or other

11 basis, on such terms as the Secretary deems appro12 priate considering the low-income character of the

13 project and the market area in which the project is

14 located and the requirements of subsection (a), to a

15 purchaser determined by the Secretary to be capable

16 of—

17 ‘‘(A) satisfying the conditions of the dis18 position;

19 ‘‘(B) implementing a sound financial and

20 physical management program that is designed

21 to enable the project to meet anticipated oper22 ating and repair expenses to ensure that the

23 project will remain in decent, safe, and sanitary

24 condition;
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1 ‘‘(C) responding to the needs of the ten2 ants and working cooperatively with tenant or3 ganizations;

4 ‘‘(D) providing adequate organizational,

5 staff, and financial resources to the project; and

6 ‘‘(E) meeting such other requirements as

7 the Secretary may determine.

8 ‘‘(2) CONTRACTING FOR MANAGEMENT SERV9 ICES.—The Secretary may, in carrying out this sec10 tion—

11 ‘‘(A) contract for management services for

12 a multifamily housing project that is owned by

13 the Secretary (or for which the Secretary is

14 mortgagee in possession), on a negotiated, com15 petitive bid, or other basis at a price deter16 mined by the Secretary to be reasonable, with

17 a manager the Secretary has determined is ca18 pable of—

19 ‘‘(i) implementing a sound financial

20 and physical management program that is

21 designed to enable the project to meet an22 ticipated operating and maintenance ex23 penses to ensure that the project will re24 main in decent, safe, and sanitary condi25 tion;
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•HR 3400 EH

1 ‘‘(ii) responding to the needs of the

2 tenants and working cooperatively with

3 tenant organizations;

4 ‘‘(iii) providing adequate organiza5 tional, staff, and other resources to imple6 ment a management program determined

7 by the Secretary; and

8 ‘‘(iv) meeting such other requirements

9 as the Secretary may determine;

10 ‘‘(B) require the owner of a multifamily

11 housing project that is subject to a mortgage

12 held by the Secretary to contract for manage13 ment services for the project in the manner de14 scribed in subparagraph (A); and

15 ‘‘(C) contract for management of such

16 properties with nonprofit organizations and

17 public agencies, including public housing au18 thorities.

19 ‘‘(d) MAINTENANCE OF HOUSING PROJECTS.—

20 ‘‘(1) HOUSING PROJECTS OWNED BY THE SEC21 RETARY.—In the case of multifamily housing

22 projects that are owned by the Secretary (or for

23 which the Secretary is mortgagee in possession), the

24 Secretary shall—
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1 ‘‘(A) to the greatest extent possible, main2 tain all such occupied projects in a decent, safe,

3 and sanitary condition;

4 ‘‘(B) to the greatest extent possible, main5 tain full occupancy in all such projects; and

6 ‘‘(C) maintain all such projects for pur7 poses of providing rental or cooperative hous8 ing.

9 ‘‘(2) HOUSING PROJECTS SUBJECT TO A MORT10 GAGE HELD BY SECRETARY.—In the case of any

11 multifamily housing project that is subject to a

12 mortgage held by the Secretary, the Secretary shall

13 require the owner of the project to carry out the re14 quirements of paragraph (1).

15 ‘‘(3) HOUSING STANDARDS.—In disposing of

16 any multifamily housing project under this section,

17 the Secretary shall enter into an agreement with the

18 purchaser under which the purchaser agrees that the

19 project will be rehabilitated so that it is in compli20 ance with, and will be maintained in compliance

21 with, any standards under applicable State or local

22 laws, rules, ordinances, or regulations relating to the

23 physical condition of the housing and any such

24 standards established by the Secretary.
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1 ‘‘(e) REQUIRED ASSISTANCE.—In disposing of any

2 multifamily housing property under this section, the Sec3 retary shall take, separately or in combination, one or

4 more of the following actions:

5 ‘‘(1) CONTRACT WITH OWNER FOR PROJECT6 BASED ASSISTANCE.—In the case of multifamily

7 housing projects that are acquired by a purchaser

8 other than the Secretary at foreclosure or after sale

9 by the Secretary, the Secretary may enter into con10 tracts under section 8 of the United States Housing

11 Act of 1937 (to the extent budget authority is avail12 able) with owners of the projects, subject to the fol13 lowing requirements:

14 ‘‘(A) SUBSIDIZED OR FORMERLY SUB15 SIDIZED PROJECTS RECEIVING MORTGAGE-RE16 LATED ASSISTANCE.—In the case of a sub17 sidized or formerly subsidized project referred

18 to in subparagraphs (A) through (C) of sub19 section (b)(2)—

20 ‘‘(i) the contract shall be sufficient to

21 assist at least all units covered by an as22 sistance contract under any of the authori23 ties referred to in subsection (b)(2)(D) be24 fore acquisition, unless the Secretary acts
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1 pursuant to the provisions of subparagraph

2 (C);

3 ‘‘(ii) the contract shall provide that,

4 when a vacancy occurs in any unit in the

5 project requiring project-based rental as6 sistance pursuant to this subparagraph

7 that is occupied by a family who is not eli8 gible for assistance under such section 8,

9 the owner shall lease the available unit to

10 a family eligible for assistance under such

11 section 8; and

12 ‘‘(iii) the Secretary shall take actions

13 to ensure that any unit in any such project

14 that does not otherwise receive project15 based assistance under this subparagraph

16 remains available and affordable for the re17 maining useful life of the project, as de18 fined by the Secretary; to carry out this

19 clause, the Secretary may require pur20 chasers to establish use or rent restrictions

21 maintaining the affordability of such units.

22 ‘‘(B) SUBSIDIZED OR FORMERLY SUB23 SIDIZED PROJECTS RECEIVING RENTAL ASSIST24 ANCE.—In the case of a subsidized or formerly

25 subsidized project referred to in subsection
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1 (b)(2)(D) that is not subject to subparagraph

2 (A)—

3 ‘‘(i) the contract shall be sufficient to

4 assist at least all units in the project that

5 are covered, or were covered immediately

6 before foreclosure on or acquisition of the

7 project by the Secretary, by an assistance

8 contract under any of the provisions re9 ferred to in such subsection, unless the

10 Secretary acts pursuant to provisions of

11 subparagraph (C); and

12 ‘‘(ii) the contract shall provide that,

13 when a vacancy occurs in any unit in the

14 project requiring project-based rental as15 sistance pursuant to this subparagraph

16 that is occupied by a family who is not eli17 gible for assistance under such section 8,

18 the owner shall lease the available unit to

19 a family eligible for assistance under such

20 section 8.

21 ‘‘(C) EXCEPTIONS.—In lieu of providing

22 project-based assistance under subparagraph

23 (A)(i) or (B)(i) for a project, the Secretary may

24 require certain units in unsubsidized projects to

25 contain use restrictions providing that such
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1 units will be available to and affordable by very

2 low-income families for the remaining useful life

3 of the project, as defined by the Secretary, if—

4 ‘‘(i) the Secretary provides an in5 crease in project-based assistance for very

6 low-income persons for units within

7 unsubsidized projects located within the

8 same market area as the project otherwise

9 required to be assisted with project-based

10 assistance under subparagraph (A) or (B)

11 that is at least equivalent to the units oth12 erwise required to be so assisted; and

13 ‘‘(ii) upon disposition of the project,

14 low-income families residing in units other15 wise required to be assisted with project16 based assistance under subparagraph (A)

17 or (B) receive tenant-based assistance

18 under such section 8.

19 ‘‘(D) UNSUBSIDIZED PROJECTS.—Notwith20 standing actions taken pursuant to subpara21 graph (C), in the case of unsubsidized projects,

22 the contract shall be sufficient to provide—

23 ‘‘(i) project-based rental assistance for

24 all units that are covered, or were covered
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1 immediately before foreclosure or acquisi2 tion, by an assistance contract under—

3 ‘‘(I) the new construction and

4 substantial rehabilitation program

5 under section 8(b)(2) of the United

6 States Housing Act of 1937 (as in ef7 fect before October 1, 1983);

8 ‘‘(II) the property disposition

9 program under section 8(b) of such

10 Act;

11 ‘‘(III) the project-based certifi12 cate program under section 8 of such

13 Act;

14 ‘‘(IV) the moderate rehabilitation

15 program under section 8(e)(2) of such

16 Act;

17 ‘‘(V) section 23 of such Act (as

18 in effect before January 1, 1975);

19 ‘‘(VI) the rent supplement pro20 gram under section 101 of the Hous21 ing and Urban Development Act of

22 1965; or

23 ‘‘(VII) section 8 of the United

24 States Housing Act of 1937, following

25 conversion from assistance under sec-
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1 tion 101 of the Housing and Urban

2 Development Act of 1965; and

3 ‘‘(ii) tenant-based assistance under

4 section 8 of the United States Housing Act

5 of 1937 for families that are preexisting

6 tenants of the project in units that, imme7 diately before foreclosure or acquisition of

8 the project by the Secretary, were covered

9 by an assistance contract under the loan

10 management set-aside program under sec11 tion 8(b) of the United States Housing Act

12 of 1937 at such time.

13 ‘‘(2) ANNUAL CONTRIBUTION CONTRACTS FOR

14 TENANT-BASED ASSISTANCE.—In the case of multi15 family housing projects that are acquired by a pur16 chaser other than the Secretary at foreclosure or

17 after sale by the Secretary, the Secretary may enter

18 into annual contribution contracts with public hous19 ing agencies to provide tenant-based assistance

20 under section 8 of the United States Housing Act of

21 1937 on behalf of all low-income families who, on

22 the date that the project is acquired by the pur23 chaser, reside in the project and are eligible for such

24 assistance, subject to the following requirements:
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1 ‘‘(A) REQUIREMENT OF SUFFICIENT AF2 FORDABLE HOUSING IN AREA.—The Secretary

3 may not take action under this paragraph un4 less the Secretary determines that there is

5 available in the area an adequate supply of hab6 itable, affordable housing for very low-income

7 families and other low-income families.

8 ‘‘(B) LIMITATION FOR SUBSIDIZED AND

9 FORMERLY SUBSIDIZED PROJECTS.—The Sec10 retary may not take actions under this para11 graph in connection with units in subsidized or

12 formerly subsidized projects for more than 10

13 percent of the aggregate number of units in

14 such projects disposed of by the Secretary an15 nually.

16 ‘‘(C) PROVISION OF PROJECT-BASED AS17 SISTANCE UNDER CHANGED CIRCUMSTANCES.—

18 The Secretary shall, to the extent such amounts

19 are available, provide project-based assistance

20 under section 8 of the United States Housing

21 Act of 1937 for any units in a project for which

22 the Secretary has provided tenant-based assist23 ance under this paragraph if, and only to the

24 extent that, the owner demonstrates to the sat25 isfaction of the Secretary within 24 months
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1 after the date of acquisition by the owner

2 that—

3 ‘‘(i) the provision of such project4 based assistance (I) is necessary to main5 tain the financial viability of the project

6 because of changes occurring after such

7 acquisition that are beyond the control of

8 the owner, and (II) may reasonably be ex9 pected to maintain such financial viability;

10 or

11 ‘‘(ii) sufficient habitable, affordable

12 housing for very low-income families and

13 other low-income families is not available

14 in the market area in which the project is

15 located.

16 Assistance provided pursuant to this subpara17 graph shall have a term of not more than 5

18 years.

19 ‘‘(3) OTHER ASSISTANCE.—

20 ‘‘(A) IN GENERAL.—In accordance with

21 the authority provided under the National

22 Housing Act, the Secretary may reduce the sell23 ing price, apply use or rent restrictions on cer24 tain units, or provide other financial assistance

25 to the owners of multifamily housing projects
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1 that are acquired by a purchaser other than the

2 Secretary at foreclosure, or after sale by the

3 Secretary, on terms that ensure that—

4 ‘‘(i) at least the units in the project

5 otherwise required to receive project-based

6 assistance pursuant to subparagraphs (A),

7 (B), or (D) of paragraph (1) are available

8 to and affordable by low-income persons;

9 and

10 ‘‘(ii) for the remaining useful life of

11 the project, as defined by the Secretary,

12 there shall be in force such use or rent re13 strictions as the Secretary may prescribe.

14 ‘‘(B) VERY LOW-INCOME TENANTS.—If, as

15 a result of actions taken pursuant to this para16 graph, the rents charged to any very low-income

17 families residing in the project who are other18 wise required (pursuant to subparagraph (A),

19 (B), or (D) of paragraph (1)) to receive project20 based assistance under section 8 of the United

21 States Housing Act of 1937 exceed the amount

22 payable as rent under section 3(a) of the Unit23 ed States Housing Act of 1937, the Secretary

24 shall provide assistance under section 8 of such

25 Act to such families.
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1 ‘‘(4) TRANSFER FOR USE UNDER OTHER PRO2 GRAMS OF SECRETARY.—

3 ‘‘(A) IN GENERAL.—The Secretary may

4 transfer a multifamily housing project—

5 ‘‘(i) to a public housing agency for use

6 of the project as public housing; or

7 ‘‘(ii) to an entity eligible to own or op8 erate housing under assisted section 202 of

9 the Housing Act of 1959 or under section

10 811 of the Cranston-Gonzalez National Af11 fordable Housing Act for use as supportive

12 housing under either of such sections.

13 ‘‘(B) REQUIREMENTS FOR AGREEMENT.—

14 An agreement providing for the transfer of a

15 project described in subparagraph (A) shall—

16 ‘‘(i) contain such terms, conditions,

17 and limitations as the Secretary deter18 mines appropriate, including requirements

19 to ensure use of the project as public hous20 ing, supportive housing under section 202

21 of the Housing Act of 1959, or supportive

22 housing under section 811 of the Cran23 ston-Gonzalez National Affordable Housing

24 Act, as applicable; and
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1 ‘‘(ii) ensure that no tenant of the

2 project will be displaced as a result of ac3 tions taken under this paragraph.

4 ‘‘(f) DISCRETIONARY ASSISTANCE.—In addition to

5 the actions taken under subsection (e) for a multifamily

6 housing project, the Secretary may take any of the follow7 ing actions:

8 ‘‘(1) SHORT-TERM LOANS.—The Secretary may

9 provide a short-term loan to facilitate the sale of a

10 multifamily housing project to a nonprofit organiza11 tion or a public agency if—

12 ‘‘(A) authority for such loans is provided

13 in advance in an appropriation Act;

14 ‘‘(B) such loan has a term of not more

15 than 5 years;

16 ‘‘(C) the Secretary determines, based upon

17 documentation provided to the Secretary, that

18 the borrower has obtained a commitment of

19 permanent financing to replace the short-term

20 loan from a lender who meets standards estab21 lished by the Secretary; and

22 ‘‘(D) the terms of such loan is consistent

23 with prevailing practices in the marketplace or

24 the provision of such loan results in no cost to
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1 the Government, as defined in section 502 of

2 the Congressional Budget Act of 1974.

3 ‘‘(2) TENANT-BASED ASSISTANCE.—The Sec4 retary may make available tenant-based assistance

5 under section 8 of the United States Housing Act of

6 1937 to very low-income families residing in a multi7 family housing project that do not otherwise qualify

8 for project-based assistance.

9 ‘‘(3) ALTERNATIVE USES.—

10 ‘‘(A) IN GENERAL.—Notwithstanding any

11 other provision of law, after providing notice to

12 and an opportunity to comment by existing ten13 ants, the Secretary may allow not more than—

14 ‘‘(i) 10 percent of the total number of

15 units in multifamily housing projects that

16 are disposed of by the Secretary during

17 any 1-year period to be made available for

18 uses other than rental or cooperative uses,

19 including low-income homeownership op20 portunities, or in any particular project,

21 community space, office space for tenant

22 or housing-related service providers or se23 curity programs, or small business uses, if

24 such uses benefit the tenants of the

25 project; and
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1 ‘‘(ii) 5 percent of the total number of

2 units in multifamily housing projects that

3 are disposed of by the Secretary during

4 any 1-year period to be used in any man5 ner, if the Secretary and the unit of gen6 eral local government or area-wide govern7 ing body determine that such use will fur8 ther fair housing, community development,

9 or neighborhood revitalization goals.

10 ‘‘(B) DISPLACEMENT PROTECTION.—The

11 Secretary may take actions under subparagraph

12 (A) only if—

13 ‘‘(i) tenant-based rental assistance

14 under section 8 of the United States Hous15 ing Act of 1937 is made available to each

16 eligible family residing in the project that

17 is displaced as a result of such actions; and

18 ‘‘(ii) the Secretary determines that

19 sufficient habitable, affordable rental hous20 ing is available in the market area in which

21 the project is located to allow use of such

22 assistance.

23 ‘‘(g) REQUIRED ASSISTANCE FOR CERTAIN

24 PROJECTS.—In disposing under this section of multifam-
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1 ily housing projects, the Secretary shall, to the extent that

2 such assistance is available—

3 ‘‘(1) in the case of any project located in a mar4 ket area in which habitable, affordable rental hous5 ing for very low-income families is not sufficiently

6 available, provide tenant-based or project-based rent7 al assistance under section 8 of the United States

8 Housing Act of 1937 (depending on the cir9 cumstances of the family) to very low-income fami10 lies who are preexisting tenants of the project and

11 do not otherwise qualify for project-based assistance;

12 and

13 ‘‘(2) provide project-based assistance for very

14 low-income families who are preexisting tenants of

15 the project to the extent that such assistance is nec16 essary to maintain the financial viability of the

17 project and is reasonably expected to maintain such

18 financial viability.

19 ‘‘(h) RENT RESTRICTIONS.—

20 ‘‘(1) AUTHORITY FOR USE IN UNSUBSIDIZED

21 PROJECTS.—In carrying out the goals specified in

22 subsection (a), the Secretary may require certain

23 units in unsubsidized projects to be subject to use or

24 rent restrictions providing that such units will be

25 available to and affordable by very low-income per-
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1 sons for the remaining useful life of the property, as

2 defined by the Secretary.

3 ‘‘(2) REQUIREMENT REGARDING SUBSIDIZED

4 AND FORMERLY SUBSIDIZED PROJECTS.—In dispos5 ing under this section of any subsidized or formerly

6 subsidized multifamily housing project, the Secretary

7 shall require rent restrictions providing that any un8 assisted very low-income family who resides in a unit

9 in the project on the date of disposition may not pay

10 as rent for the unit an amount in excess of 30 per11 cent of the adjusted income of the family at any

12 time during the period beginning upon such disposi13 tion and ending upon the earlier of—

14 ‘‘(A) 15 years after such disposition; or

15 ‘‘(B) the time at which the family first

16 fails to qualify as a very low-income family.

17 ‘‘(3) REQUIREMENT REGARDING UNSUBSIDIZED

18 PROJECTS.— Unless the Secretary determines that

19 the applicability of rent restrictions under this para20 graph to a project would unreasonably impede the

21 disposition of the project, in disposing under this

22 section of any unsubsidized multifamily housing

23 project the Secretary shall require rent restrictions

24 providing that any unassisted very low-income family

25 who resides in a unit in the project on the date of
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1 disposition may not pay as rent for the unit an

2 amount in excess of 30 percent of the adjusted in3 come of the family at any time during the period be4 ginning upon such disposition and ending upon the

5 earlier of—

6 ‘‘(A) 15 years after such disposition; or

7 ‘‘(B) the time at which the family first

8 fails to qualify as a very low-income family.

9 ‘‘(4) PHASE-IN OF RENT INCREASES.—If the

10 disposition under this section of any multifamily

11 housing project results in any rent increases for any

12 very low-income families who are preexisting tenants

13 of the project and are paying less than 30 percent

14 of the adjusted income of the family for rent, the

15 Secretary shall provide that such rent increases shall

16 be phased in equally over a period of not less than

17 3 years.

18 ‘‘(5) DEFINITION OF ‘UNASSISTED VERY LOW19 INCOME FAMILY’.—For purposes of this subsection,

20 the term ‘unassisted very low-income family’ means

21 a very low-income family who resides in a unit that

22 is not assisted with project-based assistance under

23 section 8 of the United States Housing Act of 1937

24 and on whose behalf tenant-based assistance under

25 such section is not provided.
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1 ‘‘(i) CONTRACT REQUIREMENTS.—Contracts for

2 project-based rental assistance under section 8 of the

3 United States Housing Act of 1937 provided pursuant to

4 this section shall be subject to the following requirements:

5 ‘‘(1) CONTRACT TERM.—The contract shall

6 have a term of 15 years, except that—

7 ‘‘(A) the term may be less than 15 years

8 to the extent that the Secretary finds that,

9 based on the rental charges and financing for

10 the multifamily housing project to which the

11 contract relates, the financial viability of the

12 project can be maintained under a contract hav13 ing such a term;

14 ‘‘(B) to the extent that units receive

15 project-based assistance for a contract term of

16 less than 15 years, the Secretary shall require

17 that the amount of rent payable by tenants of

18 the project for such units shall not exceed the

19 amount payable for rent under section 3(a) of

20 the United States Housing Act of 1937 for a

21 period of at least 15 years; and

22 ‘‘(C) the term may be less than 15 years

23 if such assistance is provided—
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1 ‘‘(i) under a contract authorized

2 under section 6 of the HUD Demonstra3 tion Act of 1993; and

4 ‘‘(ii) pursuant to a disposition plan

5 under this section for a project that is de6 termined by the Secretary to be otherwise

7 in compliance with this section.

8 ‘‘(2) CONTRACT RENT.—

9 ‘‘(A) IN GENERAL.—The Secretary shall

10 establish contract rents for section 8 project11 based rental contracts issued under this section

12 at levels that provide sufficient amounts for the

13 necessary costs of rehabilitating and operating

14 the multifamily housing project and do not ex15 ceed 144 percent of the existing housing fair

16 market rentals for the market area in which the

17 project assisted under the contract is located.

18 ‘‘(B) UP-FRONT GRANTS AND LOANS.—If

19 the Secretary determines that action under this

20 subparagraph is more cost-effective, the Sec21 retary may utilize the budget authority provided

22 for contracts issued under this section for

23 project-based assistance under section 8 of the

24 United States Housing Act of 1937 to (in addi-
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1 tion to providing project-based section 8 rental

2 assistance)—

3 ‘‘(i) provide up-front grants to non4 profit organizations or public housing

5 agencies for the necessary cost of rehabili6 tation; or

7 ‘‘(ii) pay any cost to the Government,

8 as defined in section 502 of the Congres9 sional Budget Act of 1974, for loans made

10 pursuant to subsection (f)(1).

11 ‘‘(j) DISPOSITION PLAN.—

12 ‘‘(1) IN GENERAL.—Prior to the sale of a mul13 tifamily housing project that is owned by the Sec14 retary, the Secretary shall develop an initial disposi15 tion plan for the project that specifies the minimum

16 terms and conditions of the Secretary for disposition

17 of the project, the initial sales price that is accept18 able to the Secretary, and the assistance that the

19 Secretary plans to make available to a prospective

20 purchaser in accordance with this section. The initial

21 sales price shall be reasonably related to the in22 tended use of the property after sale, any rehabilita23 tion requirements for the project, the rents for units

24 in the project that can be supported by the market,

25 the amount of rental assistance available for the
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1 project under section 8 of the United States Hous2 ing Act of 1937, and the occupancy profile of the

3 project.

4 ‘‘(2) COMMUNITY AND TENANT INPUT.—In car5 rying out this section, the Secretary shall develop

6 procedures—

7 ‘‘(A) to obtain appropriate and timely

8 input into disposition plans from officials of the

9 unit of general local government affected, the

10 community in which the project is situated, and

11 the tenants of the project; and

12 ‘‘(B) to facilitate, where feasible and ap13 propriate, the sale of multifamily housing

14 projects to existing tenant organizations with

15 demonstrated capacity, to public or nonprofit

16 entities that represent or are affiliated with ex17 isting tenant organizations, or to other public

18 or nonprofit entities.

19 ‘‘(3) TECHNICAL ASSISTANCE.—To carry out

20 the procedures developed under paragraph (2), the

21 Secretary may provide technical assistance, directly

22 or indirectly, and may use amounts available for

23 technical assistance under the Emergency Low In24 come Housing Preservation Act of 1987, subtitle C

25 of the Low-Income Housing Preservation and Resi-
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1 dent Homeownership Act of 1990, subtitle B of title

2 IV of the Cranston-Gonzalez National Affordable

3 Housing Act, or this section, for the provision of

4 technical assistance under this paragraph. Recipients

5 of technical assistance funding under the provisions

6 referred to in this paragraph shall be permitted to

7 provide technical assistance to the extent of such

8 funding under any of such provisions or under this

9 paragraph, notwithstanding the source of the fund10 ing.

11 ‘‘(k) RIGHT OF FIRST REFUSAL FOR LOCAL AND

12 STATE GOVERNMENT AGENCIES.—

13 ‘‘(1) NOTIFICATION OF ACQUISITION OF

14 TITLE.—Not later than 30 days after acquiring title

15 to a multifamily housing project, the Secretary shall

16 notify the unit of general local government (which,

17 for purposes of this subsection, shall include any

18 public housing agency) for the area in which the

19 project is located and the State agency or agencies

20 designated by the Governor of the State in which the

21 project is located of such acquisition.

22 ‘‘(2) RIGHT OF FIRST REFUSAL.—During the

23 period beginning upon acquisition of title to a multi24 family housing project and ending 45 days after

25 completion of notification under paragraph (1), the
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1 Secretary may offer to sell and may sell the project

2 only to the unit of general local government or the

3 designated State agency.

4 ‘‘(3) EXPRESSION OF INTEREST.—The unit of

5 general local government or designated State agency

6 may submit to the Secretary a preliminary expres7 sion of interest in a project not later than 45 days

8 after receiving notification from the Secretary under

9 paragraph (1) regarding the project. The Secretary

10 may take such actions as may be necessary to re11 quire the unit of general local government or des12 ignated State agency to substantiate such interest.

13 ‘‘(4) TIMELY EXPRESSION OF INTEREST.—If

14 the unit of general local government or designated

15 State agency has submitted an expression of interest

16 in a project before the expiration of the 45-day pe17 riod referred to in paragraph (3) and has substan18 tiated such interest if requested, the Secretary, upon

19 approval of a disposition plan for the project, shall—

20 ‘‘(A) notify the unit of general local gov21 ernment and designated State agency of the

22 terms and conditions of the disposition plan;

23 and

24 ‘‘(B) provide that, for 90 days after the

25 date of such notification, only the unit of gen-
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1 eral local government or designated State agen2 cy may make an offer to purchase the project.

3 ‘‘(5) FAILURE TO TIMELY EXPRESS INTER4 EST.—If the unit of general local government or des5 ignated State agency does not timely express and, if

6 requested, substantiate interest in a project as pro7 vided in paragraph (4), the Secretary may offer the

8 project for sale to any interested person or entity

9 upon approval of the disposition plan for the project.

10 ‘‘(6) ACCEPTANCE OF OFFERS.—If the unit of

11 general local government or designated State agency

12 timely expresses and, if requested, substantiates in13 terest in a project as provided in paragraph (4), the

14 Secretary shall accept an offer made by the unit of

15 general local government or designated State agency

16 during the 90-day period for the project under para17 graph (4)(B) that complies with the terms and con18 ditions of the disposition plan for the project. The

19 Secretary may accept an offer that does not comply

20 with the terms and conditions of the disposition plan

21 if the Secretary determines that the offer will fur22 ther the goals specified in subsection (a) by actions

23 that include extension of the duration of low-income

24 affordability restrictions or otherwise restructuring

25 the transaction in a manner that enhances the long-
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1 term affordability for low-income persons. The Sec2 retary may reduce the initial sales price in exchange

3 for the extension of low-income affordability restric4 tions beyond the period of assistance contemplated

5 by the attachment of assistance pursuant to sub6 section (i)(1) and in order to facilitate affordable

7 rents.

8 ‘‘(7) FAILURE TO SELL TO LOCAL OR STATE

9 GOVERNMENT AGENCY.—If the Secretary and the

10 unit of general local government or designated State

11 agency cannot reach agreement on an offer for pur12 chase of a project within the 90-day period for the

13 project under paragraph (4)(B), the Secretary may

14 offer the project for sale to the general public.

15 ‘‘(8) PURCHASE BY UNIT OF GENERAL LOCAL

16 GOVERNMENT OR DESIGNATED STATE AGENCY.—

17 Notwithstanding any other provision of law, a unit

18 of general local government (including a public hous19 ing agency) or designated State agency may pur20 chase a subsidized or formerly subsidized project in

21 accordance with this subsection.

22 ‘‘(9) APPLICABILITY.—This subsection shall

23 apply to projects that are acquired on or after the

24 effective date of this subsection. With respect to
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1 projects acquired before such effective date, the Sec2 retary may apply—

3 ‘‘(A) the requirements of paragraphs (2)

4 and (3) of section 203(e) (as in effect imme5 diately before the effective date of this sub6 section); or

7 ‘‘(B) the requirements of paragraphs (1)

8 through (7) of this subsection, if—

9 ‘‘(i) the Secretary gives the unit of

10 general local government or designated

11 State agency 45 days to express interest in

12 the project; and

13 ‘‘(ii) the unit of general local govern14 ment or designated State agency expresses

15 interest in the project before the expiration

16 of the 45-day period, and substantiates

17 such interest if requested, within 90 days

18 from the date of notification of the terms

19 and conditions of the disposition plan to

20 make an offer to purchase the project.

21 ‘‘(10) TRANSFER BY LOCAL OR STATE GOVERN22 MENT AGENCY PURCHASERS.—The Secretary shall

23 permit units of general local government and des24 ignated State agencies to transfer multifamily hous25 ing projects acquired under the right of first refusal
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1 under this subsection to a private entity, but only if

2 the local government or State agency clearly identi3 fies its intention to transfer the project in the offer

4 to purchase the property accepted by the Secretary

5 under this subsection.

6 ‘‘(l) DISPLACEMENT OF TENANTS AND RELOCATION

7 ASSISTANCE.—

8 ‘‘(1) IN GENERAL.—Whenever tenants will be

9 displaced as a result of the disposition of, or repairs

10 to, a multifamily housing project that is owned by

11 the Secretary (or for which the Secretary is mortga12 gee in possession), the Secretary shall identify ten13 ants who will be displaced and shall notify all such

14 tenants of their pending displacement and of any re15 location assistance that may be available. In the case

16 of the disposition of tenants of a multifamily hous17 ing project that is not owned by the Secretary (and

18 for which the Secretary is not mortgagee in posses19 sion), the Secretary shall require the owner of the

20 project to carry out the requirements of this para21 graph.

22 ‘‘(2) RIGHTS OF DISPLACED TENANTS.—The

23 Secretary shall ensure for any such tenant (who con24 tinues to meet applicable qualification standards)

25 the right—
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1 ‘‘(A) to return, whenever possible, to a re2 paired unit;

3 ‘‘(B) to occupy a unit in another multifam4 ily housing project owned by the Secretary;

5 ‘‘(C) to obtain housing assistance under

6 the United States Housing Act of 1937; or

7 ‘‘(D) to receive any other available reloca8 tion assistance as the Secretary determines to

9 be appropriate.

10 ‘‘(m) MORTGAGE AND PROJECT SALES.—

11 ‘‘(1) IN GENERAL.—The Secretary may not ap12 prove the sale of any loan or mortgage held by the

13 Secretary (including any loan or mortgage owned by

14 the Government National Mortgage Association) on

15 any subsidized project or formerly subsidized

16 project, unless such sale is made as part of a trans17 action that will ensure that such project will con18 tinue to operate at least until the maturity date of

19 such loan or mortgage, in a manner that will provide

20 rental housing on terms at least as advantageous to

21 existing and future tenants as the terms required by

22 the program under which the loan or mortgage was

23 made or insured prior to the assignment of the loan

24 or mortgage on such project to the Secretary.
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1 ‘‘(2) SALE OF CERTAIN PROJECTS.—The Sec2 retary may not approve the sale of any subsidized

3 project—

4 ‘‘(A) that is subject to a mortgage held by

5 the Secretary, or

6 ‘‘(B) if the sale transaction involves the

7 provision of any additional subsidy funds by the

8 Secretary or a recasting of the mortgage,

9 unless such sale is made as part of a transaction

10 that will ensure that the project will continue to op11 erate, at least until the maturity date of the loan or

12 mortgage, in a manner that will provide rental hous13 ing on terms at least as advantageous to existing

14 and future tenants as the terms required by the pro15 gram under which the loan or mortgage was made

16 or insured prior to the proposed sale of the project.

17 ‘‘(3) MORTGAGE SALES TO STATE AND LOCAL

18 GOVERNMENTS.—Notwithstanding any provision of

19 law that requires competitive sales or bidding, the

20 Secretary may carry out negotiated sales of sub21 sidized or formerly subsidized mortgages held by the

22 Secretary, without the competitive selection of pur23 chasers or intermediaries, to units of general local

24 government or State agencies, or groups of investors

25 that include at least one such unit of general local
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1 government or State agency, if the negotiations are

2 conducted with such agencies, except that—

3 ‘‘(A) the terms of any such sale shall in4 clude the agreement of the purchasing agency

5 or unit of local government or State agency to

6 act as mortgagee or owner of a beneficial inter7 est in such mortgages, in a manner consistent

8 with maintaining the projects that are subject

9 to such mortgages for occupancy by the general

10 tenant group intended to be served by the appli11 cable mortgage insurance program, including,

12 to the extent the Secretary determines appro13 priate, authorizing such unit of local govern14 ment or State agency to enforce the provisions

15 of any regulatory agreement or other program

16 requirements applicable to the related projects;

17 and

18 ‘‘(B) the sales prices for such mortgages

19 shall be, in the determination of the Secretary,

20 the best prices that may be obtained for such

21 mortgages from a unit of general local govern22 ment or State agency, consistent with the ex23 pectation and intention that the projects fi24 nanced will be retained for use under the appli-
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1 cable mortgage insurance program for the life

2 of the initial mortgage insurance contract.

3 ‘‘(4) SALE OF MORTGAGES COVERING

4 UNSUBSIDIZED PROJECTS.—Notwithstanding any

5 other provision of law, the Secretary may sell mort6 gages held on unsubsidized projects on such terms

7 and conditions as the Secretary may prescribe.

8 ‘‘(n) REPORT TO CONGRESS.—Not later than June

9 1 of each year, the Secretary shall submit to the Congress

10 a report describing the status of multifamily housing

11 projects owned by or subject to mortgages held by the Sec12 retary. The report shall include—

13 ‘‘(1) the name, address, and size of each

14 project;

15 ‘‘(2) the nature and date of assignment of each

16 project;

17 ‘‘(3) the status of the mortgage for each

18 project;

19 ‘‘(4) the physical condition of each project;

20 ‘‘(5) for each subsidized or formerly subsidized

21 project, an occupancy profile of the project, stating

22 the income, family size, race, and ethnic origin of

23 current residents and the rents paid by such resi24 dents;
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1 ‘‘(6) the proportion of units in each project that

2 are vacant;

3 ‘‘(7) the date on which the Secretary became

4 mortgagee in possession of each project, if applica5 ble;

6 ‘‘(8) the date and conditions of any foreclosure

7 sale for a project;

8 ‘‘(9) the date of acquisition of each project by

9 the Secretary, if applicable;

10 ‘‘(10) the date and conditions of any property

11 disposition sale for a project;

12 ‘‘(11) a description of actions undertaken pur13 suant to this section, including a description of the

14 effectiveness of such actions and any impediments to

15 the disposition or management of multifamily hous16 ing projects;

17 ‘‘(12) a description of any of the functions per18 formed in connection with this section that are con19 tracted out to public or private entities or to States;

20 and

21 ‘‘(13) a description of the activities carried out

22 under subsection (k) during the preceding year.’’.

23 (c) CLARIFICATION OF FEDERAL PREFERENCES.—

24 (1) PUBLIC HOUSING TENANCY.—Section

25 6(c)(4)(A)(i) of the United States Housing Act of
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1 1937 (42 U.S.C. 1437d(c)(4)(A)(i)) is amended by

2 inserting after ‘‘displaced’’ the following: ‘‘(including

3 displacement because of disposition of a multifamily

4 housing project under section 203 of the Housing

5 and Community Development Amendments of

6 1978)’’.

7 (2) SECTION 8 ASSISTANCE.—Section

8 8(d)(1)(A)(i) of the United States Housing Act of

9 1937 (42 U.S.C. 1437f(d)(1)(A)(i)) is amended by

10 inserting after ‘‘displaced’’ the following: ‘‘(including

11 displacement because of disposition of a multifamily

12 housing project under section 203 of the Housing

13 and Community Development Amendments of

14 1978)’’.

15 (d) DEFINITION OF OWNER.—Section 8(f)(1) of the

16 United States Housing Act of 1937 (42 U.S.C.

17 1437f(f)(1)) is amended by inserting ‘‘an agency of the

18 Federal Government,’’ after ‘‘cooperative,’’.

19 (e) AMENDMENT TO NATIONAL HOUSING ACT.—

20 Title V of the National Housing Act (12 U.S.C. 1731a

21 et seq.) is amended by adding at the end the following

22 new section:

23 ‘‘PARTIAL PAYMENT OF CLAIMS ON MULTIFAMILY

24 HOUSING PROJECTS

25 ‘‘SEC. 541. (a) AUTHORITY.—Notwithstanding any

26 other provision of law, if the Secretary is requested to ac-
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1 cept assignment of a mortgage insured by the Secretary

2 that covers a multifamily housing project (as such term

3 is defined in section 203(b) of the Housing and Commu4 nity Development Amendments of 1978) and the Sec5 retary determines that partial payment would be less cost6 ly to the Federal Government than other reasonable alter7 natives for maintaining the low-income character of the

8 project, the Secretary may request the mortgagee, in lieu

9 of assignment, to—

10 ‘‘(1) accept partial payment of the claim under

11 the mortgage insurance contract; and

12 ‘‘(2) recast the mortgage, under such terms and

13 conditions as the Secretary may determine.

14 ‘‘(b) REPAYMENT.—As a condition to a partial claim

15 payment under this section, the mortgagor shall agree to

16 repay to the Secretary the amount of such payment and

17 such obligation shall be secured by a second mortgage on

18 the property on such terms and conditions as the Sec19 retary may determine.’’.

20 (f) EFFECTIVE DATE.—The Secretary shall issue in21 terim regulations necessary to implement the amendments

22 made by subsections (b) through (d) not later than 90

23 days after the date of the enactment of this Act. Such

24 interim regulations shall take effect upon issuance and in25 vite public comment on the interim regulations. The Sec-
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1 retary shall issue final regulations to implement such

2 amendments after opportunity for such public comment,

3 but not later than 12 months after the date of issuance

4 of such interim regulations.

5 SEC. 6002. SECTION 235 MORTGAGE REFINANCING.

6 Section 235(r) of the National Housing Act is

7 amended—

8 (1) in paragraph (2)(C), by inserting after ‘‘re9 financed’’ the following: ‘‘, plus the costs incurred in

10 connection with the refinancing as described in para11 graph (4)(B) to the extent that the amount for those

12 costs is not otherwise included in the interest rate

13 as permitted by subparagraph (E) or paid by the

14 Secretary as authorized by paragraph (4)(B)’’;

15 (2) in paragraph (4)—

16 (A) in the matter preceding subparagraph

17 (A), by inserting after ‘‘otherwise)’’ the follow18 ing: ‘‘and the mortgagee (with respect to the

19 amount described in subparagraph (A))’’; and

20 (B) in subparagraph (A), by inserting after

21 ‘‘mortgagor’’ the following: ‘‘and the mortga22 gee’’; and

23 (3) by amending paragraph (5) to read as fol24 lows:
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1 ‘‘(5) The Secretary shall use amounts of budget au2 thority recaptured from assistance payments contracts re3 lating to mortgages that are being refinanced for assist4 ance payments contracts with respect to mortgages in5 sured under this subsection. The Secretary may also make

6 such recaptured amounts available for incentives under

7 paragraph (4)(A) and the costs incurred in connection

8 with the refinancing under paragraph (4)(B). For pur9 poses of subsection (c)(3)(A), the amount of recaptured

10 budget authority that the Secretary commits for assist11 ance payments contracts relating to mortgages insured

12 under this subsection and for amounts paid under para13 graph (4) shall not be construed as unused.’’.

14 SEC. 6003. USE OF EMERGENCY ASSISTANCE FUNDS FOR

15 RESIDENCY IN MULTIFAMILY HOUSING DIS16 POSITION PROJECTS.

17 Section 203(f) of the Housing and Community Devel18 opment Amendments of 1978 (12 U.S.C. 1701z–11), as

19 amended by section 6001 of this Act, is further amended

20 by adding at the end the following new paragraph:

21 ‘‘(4) EMERGENCY ASSISTANCE FUNDS.—The

22 Secretary may make arrangements with State agen23 cies and units of general local government of States

24 receiving emergency assistance under part A of title

25 IV of the Social Security Act for the provision of as-
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1 sistance under such Act on behalf of eligible families

2 who would reside in any multifamily housing

3 projects.’’.

4 SEC. 6004. ADDITIONAL EMPLOYEES TO FACILITATE DIS5 POSITION OF FHA INVENTORY PROPERTIES.

6 Notwithstanding any other provision of law, during

7 fiscal years 1993, 1994, and 1995 amounts in the various

8 funds of the Federal Housing Administration otherwise

9 available to the Secretary of Housing and Urban Develop10 ment for non-overhead expenses associated with process11 ing, accounting, loan servicing, asset management, and

12 disposition services may be used by the Secretary for per13 sonnel compensation and benefits for temporary employees

14 of the Department of Housing and Urban Development

15 employed to manage, service, and dispose of single family

16 and multifamily properties insured by, assigned to, or

17 owned by the Secretary. The Secretary may employ not

18 more than 400 temporary employees at any one time using

19 amounts made available pursuant to this section, no such

20 employee may be employed in a temporary position pursu21 ant to this section for a period in excess of 2 years, and

22 such employees shall not be considered for purposes of any

23 personnel ceiling applicable to the Department of Housing

24 and Urban Development or any unit therein or any per-
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1 sonnel ceiling applicable to temporary employees of the

2 Federal Government.

3 SEC. 6005. HUD STREAMLINING.

4 The Secretary of Housing and Urban Development

5 shall carry out the recommendation of the Report of the

6 National Performance Review, issued on September 7,

7 1993, that the Department streamline its headquarters,

8 regional, and field office structure and consolidate and re9 duce its size, without regard to the requirements of section

10 7(p) of the Department of Housing and Urban Develop11 ment Act.

12 TITLE VII—DEPARTMENT OF

13 THE INTERIOR

14 SEC. 7001. IMPROVEMENT OF MINERALS MANAGEMENT

15 SERVICE ROYALTY COLLECTION.

16 (a) The Secretary of the Interior shall, by fiscal year

17 1995, direct the Minerals Management Service, Royalty

18 Management Program, to develop and implement (1) an

19 automated business information system to provide to its

20 auditors a lease history that includes reference, royalty,

21 production, financial, compliance history, pricing and valu22 ation, and other information; (2) the optimum methods

23 to identify and resolve anomalies and to verify that royal24 ties are paid correctly; (3) a more efficient and cost-effec25 tive royalty collection process by instituting new compli-
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1 ance and enforcement measures, including assessments

2 and penalties for erroneous reporting and underreporting;

3 (4) pilot projects under which a State may assume mineral

4 receipt collections on Federal lands within the State and

5 where the State assumes 50 percent of the cost of such

6 pilot project; and (5) such other actions as may be nec7 essary to reduce royalty underpayment and increase reve8 nue to the U.S. Treasury by an estimated total of $28

9 million by fiscal year 1999.

10 (b) The Federal Oil and Gas Royalty Management

11 Act of 1982 (Public Law No. 97–451), 30 U.S.C. 1701

12 et seq.) is amended by adding a new subsection 111(h)

13 as follows:

14 ‘‘PENALTY ASSESSMENT FOR SUBSTANTIAL

15 UNDERREPORTING OF ROYALTY’’

16 ‘‘SEC. 111. (h)(1) If there is any underreporting of

17 royalty owed on production from any lease issued or ad18 ministered by the Secretary for the production of oil, gas,

19 coal, any other mineral, or geothermal steam, from any

20 Federal or Indian lands or the Outer Continental Shelf,

21 for any production month, by any person who is respon22 sible for paying royalty, the Secretary may assess a pen23 alty of 10 percent of the amount of that underreporting.

24 ‘‘(2) If there is a substantial underreporting of roy25 alty owed on production from any lease issued or adminis26 tered by the Secretary for the production of oil, gas, coal,
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1 any other mineral, or geothermal steam, from any Federal

2 or Indian lands or the Outer Continental Shelf, for any

3 production month, by any person who is responsible for

4 paying royalty, the Secretary may assess a penalty of 20

5 percent of the amount of that substantial underreporting.

6 ‘‘(3) For purposes of this section, the term

7 ‘underreporting’ means the difference between the royalty

8 on the value of the production which should have been re9 ported and the royalty on the value of the production

10 which was reported, if the value of the production which

11 should have been reported is greater than the value of the

12 production which was reported. An underreporting con13 stitutes a ‘substantial underreporting’ if such difference

14 exceeds 10 percent of the royalty on the value of the pro15 duction which should have been reported.

16 ‘‘(4) The Secretary shall not impose the assessment

17 provided in paragraphs (1) or (2) if the person corrects

18 the underreporting before the date the person receives no19 tice from the Secretary that an underreporting may have

20 occurred, or before 90 days after the date of enactment

21 of this section, whichever is later.

22 ‘‘(5) The Secretary shall waive any portion of an as23 sessment provided in paragraphs (1) or (2) attributable

24 to that portion of the underreporting for which the person

25 demonstrates that—
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1 ‘‘(i) the person had written authorization from

2 the Secretary to report royalty on the value of the

3 production on the basis on which it was reported, or

4 ‘‘(ii) the person had substantial authority for

5 reporting royalty on the value of the production on

6 the basis on which it was reported, or

7 ‘‘(iii) the person previously had notified the

8 Secretary, in such manner as the Secretary may by

9 rule prescribe, of relevant reasons or facts affecting

10 the royalty treatment of specific production which

11 led to the underreporting, or

12 ‘‘(iv) the person meets any other exception

13 which the Secretary may, by rule, establish.

14 ‘‘(6) All penalties collected under this subsection shall

15 be deposited to the same accounts in the Treasury or paid

16 to the same recipients in the same manner as the royalty

17 with respect to which such penalty is paid.’’.

18 SEC. 7002. PHASE OUT OF MINERAL INSTITUTE PROGRAM.

19 The Secretary of the Interior, beginning in fiscal year

20 1995, shall take action to phase out the Mining and Min21 eral Resources Research Institute Act of 1984, Public Law

22 98–409, as amended (98 Stat. 1536 through 1541 and

23 102 Stat. 2339 through 2341, 30 U.S.C. 1221 through

24 1230). There are hereby authorized to be appropriated

25 under the Act the following amounts: fiscal year 1995—
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1 $6.5 million; fiscal year 1996—$5 million; fiscal year

2 1997—$3 million; and fiscal year 1998—$1.5 million. No

3 further appropriations for this Act are authorized after

4 September 30, 1998.

5 SEC. 7003. REORGANIZATION STUDY OF BUREAU OF INDIAN

6 AFFAIRS.

7 (a) GENERAL AUTHORITY.—The Secretary of the In8 terior, with the active participation of Indian tribes, shall

9 conduct a study of the reorganization of the Bureau of

10 Indian Affairs.

11 (b) CONTENT.—The study conducted under sub12 section (a) shall include (but shall not be limited to)—

13 (1) an examination of the current structure of

14 the Bureau of Indian Affairs and recommendations

15 for structural changes to improve the implementa16 tion of Federal trust responsibilities toward Indian

17 tribes;

18 (2) an examination of the current roles of the

19 Central, Area, and Agency offices of the Bureau of

20 Indian Affairs and recommendations to improve effi21 ciency of the Bureau through reorganization;

22 (3) an examination of the efficiency of the Bu23 reau of Indian Affairs in comparison with other Bu24 reaus of the Department of the Interior;
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1 (4) an examination of the barriers to the imple2 mentation of the 1988 amendments to the Indian

3 Self-Determination and Education Assistance Act

4 throughout the Department of the Interior and a

5 proposed plan for effective implementation; and

6 (5) recommendations for the transfer of person7 nel and resources from the Central, Area, and Agen8 cy offices of the Bureau of Indian Affairs to Indian

9 tribes.

10 (c) REPORT.—The Secretary shall complete the study

11 conducted pursuant to this section and shall submit such

12 study, together with recommendations and draft legisla13 tion to implement such recommendations, to the Congress

14 within one year after the date of enactment of this Act.

15 SEC. 7004. 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 TITLE VIII—MISCELLANEOUS

2 PROVISIONS

3 SEC. 8001. LIMITATION ON CERTAIN ANNUAL PAY ADJUST4 MENTS.

5 Effective as of December 31, 1994—

6 (1) section 601(a)(2) of the Legislative Reorga7 nization Act of 1946 (2 U.S.C. 31(2)) is amended—

8 (A) by striking ‘‘(2) Effective’’ and insert9 ing ‘‘(2)(A) Subject to subparagraph (B), effec10 tive’’; and

11 (B) by adding at the end the following:

12 ‘‘(B) In no event shall the percentage adjustment tak13 ing effect under subparagraph (A) in any calendar year

14 (before rounding), in any rate of pay, exceed the percent15 age adjustment taking effect in such calendar year under

16 section 5303 of title 5, United States Code, in the rates

17 of pay under the General Schedule.’’;

18 (2) section 104 of title 3, United States Code,

19 is amended—

20 (A) in the first sentence by inserting ‘‘(a)’’

21 before ‘‘The’’;

22 (B) in the second sentence by striking ‘‘Ef23 fective’’ and inserting ‘‘Subject to subsection

24 (b), effective’’; and

25 (C) by adding at the end the following:
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1 ‘‘(b) In no event shall the percentage adjustment tak2 ing effect under the second and third sentences of sub3 section (a) in any calendar year (before rounding) exceed

4 the percentage adjustment taking effect in such calendar

5 year under section 5303 of title 5 in the rates of pay under

6 the General Schedule.’’;

7 (3) section 5318 of title 5, United States Code,

8 is amended—

9 (A) in the first sentence by striking ‘‘Ef10 fective’’ and inserting ‘‘(a) Subject to sub11 section (b), effective’’; and

12 (B) by adding at the end the following:

13 ‘‘(b) In no event shall the percentage adjustment tak14 ing effect under subsection (a) in any calendar year (be15 fore rounding), in any rate of pay, exceed the percentage

16 adjustment taking effect in such calendar year under sec17 tion 5303 in the rates of pay under the General Sched18 ule.’’; and

19 (4) section 461(a) of title 28, United States

20 Code, is amended—

21 (A) by striking ‘‘(a) Effective’’ and insert22 ing ‘‘(a)(1) Subject to paragraph (2), effective’’;

23 and

24 (B) by adding at the end the following:
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1 ‘‘(2) In no event shall the percentage adjustment tak2 ing effect under paragraph (1) in any calendar year (be3 fore rounding), in any salary rate, exceed the percentage

4 adjustment taking effect in such calendar year under sec5 tion 5303 of title 5 in the rates of pay under the General

6 Schedule.’’.

7 SEC. 8002. REDUCTION OF FEDERAL FULL-TIME EQUIVA8 LENT POSITIONS.

9 (a) DEFINITION.—For purposes of this section, the

10 term ‘‘agency’’ means an Executive agency as defined

11 under section 105 of title 5, United States Code, but does

12 not include the General Accounting Office.

13 (b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI14 TIONS.—The President, through the Office of Manage15 ment and Budget (in consultation with the Office of Per16 sonnel Management), shall ensure that the total number

17 of full-time equivalent positions in all agencies shall not

18 exceed—

19 (1) 2,053,600 during fiscal year 1994;

20 (2) 1,999,600 during fiscal year 1995;

21 (3) 1,945,600 during fiscal year 1996;

22 (4) 1,895,600 during fiscal year 1997; and

23 (5) 1,851,600 during fiscal year 1998.
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1 (c) MONITORING AND NOTIFICATION.—The Office of

2 Management and Budget, after consultation with the Of3 fice of Personnel Management, shall—

4 (1) continuously monitor all agencies and make

5 a determination on the first date of each quarter of

6 each applicable fiscal year of whether the require7 ments under subsection (b) are met; and

8 (2) notify the President and the Congress on

9 the first date of each quarter of each applicable fis10 cal year of any determination that any requirement

11 of subsection (b) is not met.

12 (d) COMPLIANCE.—If at any time during a fiscal

13 year, the Office of Management and Budget notifies the

14 President and the Congress that any requirement under

15 subsection (b) is not met, no agency may hire any em16 ployee for any position in such agency until the Office of

17 Management and Budget notifies the President and the

18 Congress that the total number of full-time equivalent po19 sitions for all agencies equals or is less than the applicable

20 number required under subsection (b).

21 (e) WAIVER.—

22 (1) EMERGENCIES.—Any provision of this sec23 tion may be waived upon a determination by the

24 President that—
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1 (A) the existence of a state of war or other

2 national security concern so requires; or

3 (B) the existence of an extraordinary

4 emergency threatening life, health, safety, prop5 erty, or the environment so requires.

6 (2) AGENCY EFFICIENCY OR CRITICAL MIS7 SION.—

8 (A) Subsection (d) may be waived, in the

9 case of a particular position or category of posi10 tions in an agency, upon a determination of the

11 President that the efficiency of the agency or

12 the performance of a critical agency mission so

13 requires.

14 (B) Whenever the President grants a waiv15 er pursuant to subparagraph (A), the President

16 shall take all necessary actions to ensure that

17 the overall limitations set forth in subsection

18 (b) are not exceeded.

19 TITLE IX—DEPARTMENT OF

20 LABOR

21 SEC. 9001. DETERRENCE OF FRAUD AND ABUSE IN FECA

22 PROGRAM.

23 (a) Section 8102 of title 5, United States Code, is

24 amended to redesignate subsection (b) as subsection (c),

25 and to add the following new subsection (b):
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1 ‘‘(b) An individual convicted of a violation of 18

2 U.S.C. 1920, as amended, or of any other fraud related

3 to the application for or receipt of benefits under sub4 chapter I or III of chapter 81 of title 5, shall forfeit, as

5 of the date of the conviction, all entitlement to any pro6 spective benefits provided by subchapter I or III for any

7 injury occurring on or before the date of the conviction.

8 Such a forfeiture of benefits shall be in addition to any

9 action the Secretary may take under section 8106 or 8129

10 of title 5, United States Code.’’.

11 (b) Section 8116 of title 5, United States Code, is

12 amended by adding the following new subsection (e):

13 ‘‘(e) Notwithstanding any other provision of this title,

14 no benefits under sections 8105 or 8106 of this subchapter

15 shall be paid or provided to any individual during any pe16 riod during which such individual is confined in a jail,

17 prison, or other penal institution or correctional facility,

18 pursuant to that individual’s conviction of an offense that

19 constituted a felony under applicable law, except where

20 such individual has one or more dependents within the

21 meaning of section 8110 of this subchapter, in which case

22 the Secretary may, during the period of incarceration, pay

23 to such dependents a percentage of the benefits that would

24 have been payable to such individual computed according
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1 to the percentages set forth in section 8133(a) (1)–(5) of

2 this subchapter.’’.

3 (c) Section 8116 of title 5, United States Code, is

4 further amended by adding the following new subsection

5 (f):

6 ‘‘(f) Notwithstanding the provisions of section 552a

7 of this title, or any other provision of Federal or State

8 law, any agency of the United States Government or of

9 any State (or political subdivision thereof) shall make

10 available to the Secretary, upon written request, the

11 names and Social Security account numbers of individuals

12 who are confined in a jail, prison or other penal institution

13 or correctional facility under the jurisdiction of such agen14 cy, pursuant to such individuals’ conviction of an offense

15 that constituted a felony under applicable law, which the

16 Secretary may require to carry out the provisions of this

17 subsection.’’.

18 (d) Section 1920 of title 18, United States Code, is

19 amended to read as follows: ‘‘Whoever knowingly and will20 fully falsifies, conceals, or covers up a material fact, or

21 makes a false, fictitious, or fraudulent statement or rep22 resentation, or makes or uses a false statement or report

23 knowing the same to contain any false, fictitious or fraud24 ulent statement or entry in connection with the application

25 for or receipt of compensation or other benefit or payment
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1 under subchapter I or III of chapter 81 of title 5, United

2 States Code, shall be punished by a fine of not more than

3 $250,000, or by imprisonment for not more than five

4 years, or both.’’.

5 (e) Except as otherwise provided in this section, the

6 amendments made by this section shall be effective on the

7 date of enactment and shall apply to actions taken on or

8 after the date of enactment both with respect to claims

9 filed before the day of enactment and with respect to

10 claims filed after such date.

11 (f) The amendments made by subsections (a), (b),

12 and (c) of this section shall be effective on the date of

13 enactment and shall apply to any person convicted or im14 prisoned on or after the date of enactment.

15 (g) The amendment made by subsection (d) of this

16 section shall be effective on the date of enactment and

17 shall apply to any claim, statement, representation, report,

18 or other written document made or submitted in connec19 tion with a claim filed under subchapter I or III of chapter

20 81 of title 5, United States Code.

21 SEC. 9002. ENHANCEMENT OF REEMPLOYMENT PROGRAMS

22 FOR FEDERAL EMPLOYEES DISABLED IN THE

23 PERFORMANCE OF DUTY.

24 (a) Section 8104 of title 5, United States Code, is

25 amended—
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1 (1) by striking the comma after ‘‘employment’’

2 and by striking ‘‘other than employment undertaken

3 pursuant to such rehabilitation’’ from subsection (b);

4 and

5 (2) by adding the following new subsection (c):

6 ‘‘(c) The Secretary of Labor, as part of the vocational

7 rehabilitation effort, may assist permanently disabled indi8 viduals in seeking and/or obtaining employment. The Sec9 retary may reimburse an employer (including a Federal

10 employer), who was not the employer at the time of injury

11 and who agrees to employ a disabled beneficiary, for por12 tions of the salary paid by such employer to the reem13 ployed, disabled beneficiary. Any such sums shall be paid

14 from the Employees’ Compensation Fund.’’.

15 (b) The Secretary of Labor is authorized to expand

16 the Federal Employees’ Compensation Act Periodic Roll

17 Management Project to all offices of the Office of Work18 ers’ Compensation Program of the Department of Labor.

19 (c) The provisions of, and amendments made by, sub20 sections (a) and (b) of this section shall be effective on

21 the date of enactment.

22 SEC. 9003. WAGE DETERMINATIONS.

23 (a) The McNamara-O’Hara Service Contract Act, as

24 amended (41 U.S.C. 351 et seq.) is amended by adding

25 at the end the following new section:
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1 ‘‘SEC. 11. To more effectively implement wage deter2 mination procedures, the Secretary of Labor is authorized

3 to develop and implement an electronic data interchange

4 system to request and obtain wage determinations re5 quired under the Act.’’.

6 (b) The Davis-Bacon Act, as amended (41 U.S.C.

7 276a et seq.) is amended by adding at the end the follow8 ing new section:

9 ‘‘SEC. 8. To more effectively implement wage deter10 mination procedures, the Secretary of Labor is authorized

11 to develop and implement an electronic data interchange

12 system to request and obtain wage determinations re13 quired under the Act.’’.

14 (c) The amendments made by subsections (a) and (b)

15 of this section shall be effective on the date of enactment.

16 SEC. 9004. ELIMINATION OF FILING REQUIREMENTS.

17 (a) Section 101(b) of the Employee Retirement In18 come Security Act of 1974 (ERISA) (29 U.S.C. 1021(b))

19 is amended by striking paragraphs (1), (2) and (3) and

20 by redesignating paragraphs (4) and (5) as paragraphs

21 (1) and (2), respectively.

22 (b) Section 102 of ERISA (29 U.S.C. 1022) is

23 amended by striking paragraph (a)(2) and redesignating

24 paragraph (a)(1) as subsection (a).
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1 (c) Section 104(a)(1) of ERISA (29 U.S.C.

2 1024(a)(1)) is amended to read as follows:

3 ‘‘SEC. 104. (a)(1) The administrator of any employee

4 benefit plan subject to this part shall file with the Sec5 retary the annual report for a plan year within 210 days

6 after the close of such year (or within such time as may

7 be required by regulations promulgated by the Secretary

8 in order to reduce duplicative filing). The Secretary shall

9 make copies of such annual reports available for inspection

10 in the public document room of the Department of Labor.

11 The administrator shall also furnish to the Secretary,

12 upon request, any documents relating to the employee ben13 efit plan including but not limited to the summary plan

14 description, description of material modifications to the

15 plan, bargaining agreement, trust agreement, contract, or

16 other instrument under which the plan is established or

17 operated.’’.

18 (d) Section 104(b) of ERISA (29 U.S.C. 1024(b))

19 is amended by adding at the end the following new para20 graph:

21 ‘‘(5) The Secretary shall, upon written request

22 of any participant or beneficiary of a plan for a copy

23 of any documents described in paragraph (4), make

24 a written request to the plan administrator for cop25 ies of such documents. The plan administrator shall
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1 comply with such request from the Secretary. Upon

2 obtaining such copies from the plan administrator,

3 the Secretary shall provide them to the requesting

4 participant or beneficiary. In making a request

5 under this paragraph to the plan administrator, the

6 Secretary shall not disclose to the plan administrator

7 the identity of the participant or beneficiary. The

8 administrator may make a reasonable charge to

9 cover the cost of furnishing such complete copies

10 consistent with any regulations issued by the Sec11 retary pursuant to paragraph (4). The Secretary

12 may require the participant or beneficiary to reim13 burse the Secretary for such charges before the par14 ticipant receives the requested copies.’’.

15 (e) Section 106(a) of ERISA (29 U.S.C. 1026(a)) is

16 amended by striking ‘‘descriptions,’’.

17 (f) Section 107 of ERISA (29 U.S.C. 1027) is

18 amended by striking ‘‘description or’’.

19 (g) Section 108 of ERISA (29 U.S.C. 1028) is

20 amended by striking ‘‘(B) after publishing or filing the

21 plan description, annual reports,’’ and inserting ‘‘(B) after

22 publishing the plan description, or after publishing or fil23 ing the annual reports,’’.

24 (h) Section 109(b) of ERISA (29 U.S.C. 1029(b))

25 is amended to read as follows:
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1 ‘‘(b) The financial statement and opinion required to

2 be prepared by an independent qualified public accountant

3 pursuant to section 103(a)(3)(A) and the actuarial state4 ment required to be prepared by an enrolled actuary pur5 suant to section 103(a)(4)(A) shall not be required to be

6 submitted on forms.’’.

7 (i) Section 502(c) of ERISA is amended by adding

8 at the end the following new paragraph:

9 ‘‘(4) The Secretary may assess a civil penalty

10 against any plan administrator of up to $100 per

11 day from the date of such plan administrator’s fail12 ure or refusal to comply with a request for docu13 ments which such administrator is required to fur14 nish to the Secretary (unless such failure or refusal

15 results from matters reasonably beyond the control

16 of the administrator) pursuant to section 104(b)(5)

17 by mailing the material requested to the address

18 provided by the Secretary within 30 days after such

19 request.’’.

20 (j) EFFECTIVE DATE.—The provisions of this section

21 shall take effect on the date of enactment of this Act.
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1 TITLE X—DEPARTMENT OF

2 STATE AND UNITED STATES

3 INFORMATION AGENCY

4 SEC. 10001. IMPROVEMENT OF EFFICIENCY OF STATE DE5 PARTMENT ACTIVITIES.

6 The Secretary of State shall take action to improve

7 the efficiency of the activities of the Department of State

8 and save a total of $5,700,000 by the end of fiscal year

9 1999.

10 SEC. 10002. IMPROVEMENT OF EFFICIENCY OF USIA PUB11 LIC DIPLOMACY ACTIVITIES.

12 The Director of the United States Information Agen13 cy (USIA) shall take action to improve the efficiency of

14 USIA’s public diplomacy activities and save a total of

15 $15,000,000 by the end of fiscal year 1999.

16 TITLE XI—DEPARTMENT OF

17 TRANSPORTATION

18 SEC. 11001. REEMPLOYMENT RIGHTS FOR CERTAIN MER19 CHANT SEAMEN.

20 (a) IN GENERAL.—Title III of the Merchant Marine

21 Act, 1936 (46 App. U.S.C. 1131) is amended by inserting

22 after section 301 the following new section:

23 ‘‘SEC. 302. (a) An individual who is certified by the

24 Secretary of Transportation under subsection (c) shall be

25 entitled to reemployment rights and other benefits sub-
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1 stantially equivalent to the rights and benefits provided

2 for by chapter 43 of title 38, United States Code, for any

3 member of a Reserve component of the Armed Forces of

4 the United States who is ordered to active duty.

5 ‘‘(b) An individual may submit an application for cer6 tification under subsection (c) to the Secretary of Trans7 portation not later than 45 days after the date the individ8 ual completes a period of employment described in sub9 section (c)(1)(A) with respect to which the application is

10 submitted.

11 ‘‘(c) Not later than 20 days after the date the Sec12 retary of Transportation receives from an individual an

13 application for certification under this subsection, the Sec14 retary shall—

15 ‘‘(1) determine whether or not the individual—

16 ‘‘(A) was employed in the activation or op17 eration of a vessel—

18 ‘‘(i) in the National Defense Reserve

19 Fleet maintained under section 11 of the

20 Merchant Ship Sales Act of 1946, in a pe21 riod in which that vessel was in use or

22 being activated for use under subsection

23 (b) of that section;

24 ‘‘(ii) that is requisitioned or pur25 chased under section 902 of this Act; or
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1 ‘‘(iii) that is owned, chartered, or con2 trolled by the United States and used by

3 the United States for a war, armed con4 flict, national emergency, or maritime mo5 bilization need (including for training pur6 poses or testing for readiness and suit7 ability for mission performance); and

8 ‘‘(B) during the period of that employ9 ment, possessed a valid license, certificate of

10 registry, or merchant mariner’s document is11 sued under chapter 71 or chapter 73 (as appli12 cable) of title 46, United States Code; and

13 ‘‘(2) if the Secretary makes affirmative deter14 minations under paragraph (1) (A) and (B), certify

15 that individual under this subsection.

16 ‘‘(d) For purposes of reemployment rights and bene17 fits provided by this section, a certification under sub18 section (c) shall be considered to be the equivalent of a

19 certificate referred to in clause (1) of section 4301(a) of

20 title 38, United States Code.’’.

21 (b) APPLICATION.—The amendment made by sub22 section (a) shall apply to employment described in section

23 302(c)(1)(A) of the Merchant Marine Act, 1936, as

24 amended by subsection (a), occurring after August 2,

25 1990.
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1 (c) EMPLOYMENT ENDING BEFORE ENACTMENT.—

2 Notwithstanding subsection (b) of section 302 of the Mer3 chant Marine Act, 1936, as amended by this Act, an indi4 vidual who, in the period beginning August 2, 1990, and

5 ending on the date of the enactment of this Act, completed

6 a period of employment described in subsection (c)(1)(A)

7 of that section may submit an application for certification

8 under subsection (c) of that section with respect to that

9 employment not later than 45 days after the date of the

10 enactment of this Act.

11 (d) REGULATIONS.—Not later than 120 days after

12 the date of the enactment of this Act, the Secretary of

13 Transportation shall issue regulations implementing this

14 section.

15 SEC. 11102. REFORM OF ESSENTIAL AIR SERVICE PRO16 GRAM.

17 Section 419 of the Federal Aviation Act of 1958 (49

18 App. U.S.C. 1389) is amended—

19 (1) in subsection (a) by striking paragraph (2)

20 and inserting the following:

21 ‘‘(2) RESTRICTIONS ON QUALIFICATIONS AS AN

22 ELIGIBLE POINT.—To qualify as an eligible point in

23 the 48 contiguous states, Hawaii, and Puerto Rico

24 for purposes of fiscal year 1995 and thereafter, a

25 point described in paragraph (1) must not require a
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1 rate of subsidy per passenger in excess of $200 un2 less such point is more than 210 miles from the

3 nearest large or medium hub airport and may not be

4 located fewer than 70 highway miles from the near5 est large or medium hub airport;’’ and

6 (2) in subsection (l) by striking paragraph (2)

7 and inserting the following:

8 ‘‘(2) AMOUNTS AVAILABLE.—There shall be

9 available to the Secretary from the Airport and Air10 way Trust Fund to incur obligations under this sec11 tion $33,423,077 per fiscal year for each of fiscal

12 years 1994 through 1999. Such amounts shall re13 main available until expended. Unobligated balances

14 that remain available as of September 30, 1994, are

15 rescinded.’’.

16 SEC. 11003. AIRWAY SCIENCE PROGRAM.

17 (a) REPEAL.—All authority for—

18 (1) the Secretary of Transportation to enter

19 into grant agreements with universities or colleges

20 having an airway science curriculum recognized by

21 the Federal Aviation Administration, to conduct

22 demonstration projects in the development, advance23 ment, or expansion of airway science programs; and

24 (2) the Federal Aviation Administration to

25 enter into competitive grant agreements with institu-
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1 tions of higher education having airway science cur2 ricula, and all authorizations to appropriate for such

3 purposes, as enacted under the head, ‘‘Federal Avia4 tion Administration, Facilities and Equipment’’, in

5 the Department of Transportation and Related

6 Agencies Appropriations Acts for fiscal years ending

7 before October 1, 1993;

8 is repealed.

9 (b) LIMITATION.—Subsection (a) shall not affect the

10 authority of the Secretary to enter into grant agreements

11 with universities, colleges, or institutions of higher edu12 cation to obligate funds appropriated for fiscal years end13 ing before October 1, 1993, which have not been re14 scinded.

15 SEC. 11004. COLLEGIATE TRAINING INITIATIVE.

16 (a) IN GENERAL.—Section 313(d) of the Federal

17 Aviation Act of 1958 (49 U.S.C. App. 1354(d)) is amend18 ed—

19 (1) by striking the subsection heading and all

20 that follows through ‘‘The Administrator’’ and in21 serting the following:

22 ‘‘(d) TRAINING SCHOOLS.—

23 ‘‘(1) IN GENERAL.—The Administrator’’;

24 (2) by moving the text of paragraph (1), as so

25 designated, 2 ems to the right; and
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1 (3) by adding at the end the following:

2 ‘‘(2) COLLEGIATE TRAINING INITIATIVE.—

3 ‘‘(A) CONTINUATION.—The Administrator

4 of the Federal Aviation Administration may

5 continue the Collegiate Training Initiative pro6 gram, by entering into new agreements, with

7 post-secondary institutions, as defined by the

8 Administrator, whereby such institutions, with9 out cost to the Federal Aviation Administration,

10 prepare students for the position of air traffic

11 controller with the Department of Transpor12 tation, as defined in section 2109 of title 5,

13 United States Code.

14 ‘‘(B) STANDARDS.—The Administrator

15 may establish standards for the entry of institu16 tions into such program and for their continued

17 participation in it.

18 ‘‘(C) APPOINTMENT IN EXCEPTED SERV19 ICE.—The Administrator may appoint persons

20 who have successfully completed a course of

21 training in such program to the position of air

22 traffic controller noncompetitively in the ex23 cepted service, as defined in section 2103 of

24 title 5, United States Code. Persons so ap25 pointed shall serve at the pleasure of the Ad-
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1 ministrator, subject to section 7511 of such

2 title (pertaining to adverse actions). However,

3 an appointment under this subparagraph may

4 be converted from one in the excepted service to

5 a career conditional or career appointment in

6 the competitive civil service, as defined in sec7 tion 2102 of such title when the incumbent

8 achieves full performance level air traffic con9 troller status, as determined by the Adminis10 trator. The authority conferred by this subpara11 graph to make new appointments in the ex12 cepted service shall expire at the end of 5 years

13 from the date of the enactment of this subpara14 graph; except that the Administrator may de15 termine to extend such authority for 1 or more

16 successive 1-year periods thereafter.’’.

17 (b) CONFORMING AMENDMENT.—Section 362 of the

18 Department of Transportation and Related Agencies Ap19 propriations Act, 1993 (106 Stat. 1560) is repealed.

20 (c) LIMITATION.—The repeal and the amendments

21 made by this section shall not prohibit the expenditure of

22 funds appropriated for fiscal years ending before October

23 1, 1994.
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1 TITLE XII—DEPARTMENT OF

2 VETERANS AFFAIRS

3 Subtitle A—Administrative

4 Improvements

5 SEC. 12001. ELIMINATION OF HOSPITAL AND NURSING

6 HOME BED CAPACITY REQUIREMENTS.

7 (a) Section 8110(a)(1) of title 38, United States

8 Code, is amended—

9 (1) by striking ‘‘at not more than 125,000 and

10 not less than 100,000’’; and

11 (2) by striking the third and fourth sentences.

12 (b) Section 8111(a) of such title is amended by strik13 ing out ‘‘result (1)’’ and all that follows through ‘‘main14 tained or’’.

15 SEC. 12002. ELIMINATION OF REQUIREMENT FOR MINIMUM

16 NUMBER OF PERSONNEL IN THE OFFICE OF

17 INSPECTOR GENERAL.

18 Subsection (b) of section 312 of title 38, United

19 States Code, is amended to read as follows:

20 ‘‘(b) Whenever the Secretary proposes to reduce the

21 authorized number of full-time equivalent employees as22 signed to the Office of Inspector General, the Secretary

23 shall submit to the Committees on Veterans’ Affairs of

24 the Senate and House of Representatives a report provid25 ing notice of the proposed reduction and a detailed expla-
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1 nation for the proposed reduction. No action to carry out

2 the proposed reduction may be taken after the submission

3 of such report until the end of a 45-day period of continu4 ous session of Congress (determined in the same manner

5 as specified in the last sentence of section 510(b) of this

6 title) following the date of the submission of the report.’’.

7 SEC. 12003. MODIFICATION OF ADMINISTRATIVE REORGA8 NIZATION AUTHORITY.

9 (a) MODIFICATION OF REQUIREMENT TO REPORT TO

10 CONGRESS.—Section 510 of title 38, United States Code,

11 is amended by striking out ‘‘90-day’’ both places it ap12 pears in subsection (b) and inserting in lieu thereof ‘‘45-

13 day’’.

14 (b) AUTHORITY TO REORGANIZE OFFICES IN EVENT

15 OF EMERGENCY.—Such section is further amended by

16 striking out subsection (d) and inserting the following:

17 ‘‘(d)(1) The limitation in subsection (b) does not

18 apply with respect to an administrative reorganization at

19 a medical facility if the Secretary determines that the reor20 ganization is necessary to respond to an emergency situa21 tion at that facility. The Secretary may determine that

22 there is an emergency situation at a medical facility for

23 purposes of this subsection only in a case in which there

24 would be an immediate danger to patients and employees

25 at that facility without the reorganization. In the case of
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1 a facility at which officials of the Department are consid2 ering whether to implement an administrative reorganiza3 tion before the event or occurrence which leads to an ini4 tial finding that such an emergency exists, the Secretary

5 may not make such a determination.

6 ‘‘(2) Whenever the Secretary determines under para7 graph (1) that it is necessary to carry out an administra8 tive reorganization at a medical facility without regard to

9 the limitation in subsection (b), the Secretary shall submit

10 a report on that determination to the Committees on Vet11 erans’ Affairs of the Senate and House of Representatives.

12 The report shall provide the same information as is pro13 vided in a detailed plan and justification in the case of

14 an administrative reorganization subject to subsection (b).

15 The Secretary shall include in the report an explanation

16 of the alternatives to the proposed administrative reorga17 nization that were considered and each factor that was

18 considered in the decision to reject each such alternative.’’.

19 SEC. 12004. ELIMINATION OF REQUIREMENT FOR CERTAIN

20 SERVICES IN THE VETERANS HEALTH ADMIN21 ISTRATION.

22 (a) Section 7305 of title 38, United States Code, is

23 repealed.
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1 (b) The table of sections at the beginning of chapter

2 73 of such title is amended by striking the item relating

3 to section 7305.

4 SEC. 12005. MODIFICATION OF PHYSICIAN REQUIREMENT

5 FOR CERTAIN SENIOR VETERANS HEALTH

6 ADMINISTRATION OFFICIALS.

7 (a) UNDER SECRETARY.—Section 305 of title 38,

8 United States Code, is amended—

9 (1) in subsection (a)(2), by striking out ‘‘shall

10 be a doctor of medicine and shall be’’ and inserting

11 in lieu thereof ‘‘shall (except as provided in sub12 section (d)(1)) be a doctor of medicine. The Under

13 Secretary shall be’’;

14 (2) in subsection (d)—

15 (A) by adding at the end of paragraph (1)

16 the following: ‘‘If at the time such a commission

17 is established both the position of Deputy

18 Under Secretary for Health and the position of

19 Associate Deputy Under Secretary for Health

20 are held by individuals who are doctors of medi21 cine, the individual appointed by the President

22 as Under Secretary for Health may be someone

23 who is not a doctor of medicine. In any case,

24 the Secretary shall develop, and shall furnish to

25 the commission, specific criteria which the com-
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1 mission shall use in evaluating individuals for

2 recommendations under paragraph (3).’’;

3 (B) by redesignating paragraph (4) as

4 paragraph (5);

5 (C) by inserting after the first sentence of

6 paragraph (3) the following: ‘‘In a case in

7 which, pursuant to paragraph (1), the individ8 ual to be appointed as Under Secretary does

9 not have to be a doctor of medicine, the com10 mission may make recommendations without re11 gard to the requirement in subsection (a)(2)(A)

12 that the Under Secretary be appointed on the

13 basis of demonstrated ability in the medical

14 profession, but in such a case the commission

15 shall accord a priority to the selection of a doc16 tor of medicine over an individual who is not a

17 doctor of medicine.’’; and

18 (D) by designating the last two sentences

19 of paragraph (3) as paragraph (4).

20 (b) DEPUTY AND ASSOCIATE DEPUTY UNDER SEC21 RETARY.—Section 7306 of such title is amended—

22 (1) in subsection (a)—

23 (A) by striking out ‘‘of the following:’’ in

24 the matter preceding paragraph (1) and insert25 ing in lieu thereof ‘‘such personnel as may be
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1 considered necessary for the purposes of this

2 chapter. In appointing persons to positions in

3 the Office, the Under Secretary shall consider

4 the different types of health care services pro5 vided to veterans by the Veterans Health Ad6 ministration and shall seek to ensure that ap7 pointments in the Office are made in such a

8 manner that the Office is staffed so as to pro9 vide the Under Secretary with appropriate ex10 pertise in those services. The Office shall in11 clude the following:’’;

12 (B) by inserting ‘‘(except as provided in

13 subsection (c))’’ in paragraphs (1) and (2) after

14 ‘‘and who shall’’;

15 (C) by striking out each paragraph after

16 paragraph (2);

17 (2) by striking out subsection (b);

18 (3) by redesignating subsection (c) as sub19 section (b) and striking out ‘‘In the case of’’ in the

20 second sentence and all that follows through ‘‘such

21 appointments’’ and inserting in lieu thereof ‘‘Such

22 appointments’’; and

23 (4) by inserting after subsection (b), as so re24 designated, the following new subsection (c):
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1 ‘‘(c)(1) If at the time of the appointment of the Dep2 uty Under Secretary for Health under subsection (a)(1),

3 both the position of Under Secretary for Health and the

4 position of Associate Deputy Under Secretary for Health

5 are held by individuals who are doctors of medicine, the

6 individual appointed as Deputy Under Secretary for

7 Health may be someone who is not a doctor of medicine.

8 ‘‘(2) If at the time of the appointment of the Associ9 ate Deputy Under Secretary for Health under subsection

10 (a)(2), both the position of Under Secretary for Health

11 and the position of Deputy Under Secretary for Health

12 are held by individuals who are doctors of medicine, the

13 individual appointed as Associate Deputy Under Secretary

14 for Health may be someone who is not a doctor of medi15 cine.’’.

16 SEC. 12006. USE OF FUNDS RECOVERED FROM THIRD PAR17 TIES.

18 (a) AUTHORIZED USES.—Section 1729(g) of title 38,

19 United States Code, is amended by adding at the end of

20 paragraph (3) the following new subparagraph:

21 ‘‘(C) Payments for (i) the purchase of needed

22 medical equipment, and (ii) such other purposes as

23 may be specifically authorized by law.’’.
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1 (b) AVAILABILITY OF FUNDS.—Such section is fur2 ther amended by striking out paragraph (4) and inserting

3 the following:

4 ‘‘(4)(A) Not later than December 1 of each year,

5 there shall be set aside within the Fund a reserve to be

6 used for the purposes described in paragraph (3)(C). The

7 amount placed into the reserve each year shall be deter8 mined under subparagraph (B). No funds may be obli9 gated under paragraph (3)(C) in excess of the funds in

10 the reserve. The reserve shall remain available for obliga11 tion until expended.

12 ‘‘(B)(i) On December 1, 1993, the amount set aside

13 for the reserve under subparagraph (A) shall be the

14 amount by which—

15 ‘‘(I) the unobligated balance remaining in the

16 Fund at the close of business on September 30,

17 1993, minus any part of such balance that the Sec18 retary determines is necessary to defray, the ex19 penses, payments, and costs described in paragraph

20 (3), exceeds

21 ‘‘(II) $538,600,000.

22 ‘‘(ii) On December 1, 1994, the amount set aside for

23 the reserve under subparagraph (A) shall be the amount

24 by which—
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1 ‘‘(I) the unobligated balance remaining in the

2 Fund at the close of business on September 30,

3 1994, minus any part of such balance that the Sec4 retary determines is necessary to defray, the ex5 penses, payments, and costs described in paragraph

6 (3), exceeds

7 ‘‘(II) $590,500,000.

8 ‘‘(iii) On December 1, 1995, the amount set aside for

9 the reserve under subparagraph (A) shall be the amount

10 by which—

11 ‘‘(I) the unobligated balance remaining in the

12 Fund at the close of business on September 30,

13 1995, minus any part of such balance that the Sec14 retary determines is necessary to defray, the ex15 penses, payments, and costs described in paragraph

16 (3), exceeds

17 ‘‘(II) $646,000,000.

18 ‘‘(iv) On December 1, 1996, the amount set aside for

19 the reserve under subparagraph (A) shall be the amount

20 by which—

21 ‘‘(I) the unobligated balance remaining in the

22 Fund at the close of business on September 30,

23 1996, minus any part of such balance that the Sec24 retary determines is necessary to defray, the ex-
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1 penses, payments, and costs described in paragraph

2 (3), exceeds

3 ‘‘(II) $698,100,000.

4 ‘‘(v) On December 1, 1997, the amount set aside for

5 the reserve under subparagraph (A) shall be the amount

6 by which—

7 ‘‘(I) the unobligated balance remaining in the

8 Fund at the close of business on September 30,

9 1997, minus any part of such balance that the Sec10 retary determines is necessary to defray, the ex11 penses, payments, and costs described in paragraph

12 (3), exceeds

13 ‘‘(II) $753,500,000.

14 ‘‘(C) If the amount to be set aside for the reserve

15 for any year, as calculated under subparagraph (B), is less

16 than zero, the amount added to the reserve for that year

17 shall be zero.

18 ‘‘(5) Not later than January 1 of each year, there

19 shall be deposited into the Treasury as miscellaneous re20 ceipts an amount equal to the amount of the unobligated

21 balance remaining in the Fund at the close of business

22 on September 30 of the preceding year minus any part

23 of such balance that the Secretary determines is necessary

24 in order to enable the Secretary to defray, during the fiscal

25 year in which the deposit is made, the expenses, payments,
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1 and costs described in paragraph (3), and the amount in

2 the reserve described in paragraph (4).

3 ‘‘(6) The Secretary shall prescribe regulations for the

4 allocation of amounts in the reserve under paragraph (4)

5 to the medical centers of the Department for the purposes

6 stated in paragraph (3)(C). Those regulations shall be de7 signed to provide incentives to directors of medical centers

8 to increase the recoveries and collections under this section

9 by requiring that 20 percent of those amounts be made

10 available each year directly to the medical centers at which

11 such recoveries and collections have been at above average

12 levels. The remaining 80 percent of those funds shall be

13 allocated as the Secretary considers appropriate.’’.

14 Subtitle B—Closure of Certain

15 Facilities

16 SEC. 12101. CLOSURE OF SUPPLY DEPOTS.

17 (a) IN GENERAL.—The Secretary of Veterans Affairs

18 shall close the Department of Veterans Affairs’ supply de19 pots specified in subsection (b).

20 (b) COVERED DEPOTS.—Subsection (a) applies to the

21 supply depots of the Department of Veterans Affairs at

22 the following locations:

23 (1) Somerville, New Jersey.

24 (2) Hines, Illinois.

25 (3) Bell, California.
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1 (c) DEADLINE.—The Secretary shall complete the ac2 tions required by subsection (a) not later than September

3 30, 1995.

4 SEC. 12102. WAIVER OF OTHER PROVISIONS.

5 Sections 510(b) and 8121 of title 38, United States

6 Code, do not apply to the actions required under this sub7 title.

8 Subtitle C—Provision of Informa9 tion From the Medicare and

10 Medicaid Coverage Data Bank

11 to the Department of Veterans

12 Affairs

13 SEC. 12201. PROVISION OF DATA BANK INFORMATION TO

14 DEPARTMENT OF VETERANS AFFAIRS.

15 (a) ADDITIONAL PURPOSE OF DATA BANK.—

16 (1) The heading to section 1144 of the Social

17 Security Act is amended by striking ‘‘MEDICARE

18 AND MEDICAID’’ and inserting ‘‘HEALTH CARE’’.

19 (2) Subsection (a) of that section is amended—

20 (A) in the matter preceding paragraph (1),

21 by striking ‘‘Medicare and Medicaid’’ and in22 serting ‘‘Health Care’’;

23 (B) by striking ‘‘and’’ at the end of para24 graph (1);
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1 (C) by substituting ‘‘, and’’ for the period

2 at the end of paragraph (2); and

3 (D) by adding at the end the following:

4 ‘‘(3) assist in the identification of, and the col5 lection from, third parties responsible for payment

6 for health care items and services furnished to veter7 ans under chapter 17 of title 38, United States

8 Code.’’.

9 (b) DISCLOSURE OF DATA BANK INFORMATION TO

10 SECRETARY OF VETERANS AFFAIRS.—Subsection

11 (b)(2)(B) of that section is amended by inserting ‘‘to the

12 Secretary of Veterans Affairs and’’ after ‘‘Data Bank’’.

13 Subtitle D—Veterans’ Appeals

14 Improvements

15 SEC. 12301. BOARD OF VETERANS’ APPEALS.

16 (a) BOARD MEMBERS AND PERSONNEL.—Section

17 7101(a) of title 38, United States Code, is amended to

18 read as follows:

19 ‘‘(a)(1) There is in the Department a Board of Veter20 ans’ Appeals (hereinafter in this chapter referred to as

21 the ‘Board’). The Board is under the administrative con22 trol and supervision of a Chairman directly responsible to

23 the Secretary.

24 ‘‘(2) The members of the Board shall be the Chair25 man, a Vice Chairman, such number of Deputy Vice
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1 Chairmen as the Chairman may designate under sub2 section (b)(4), and such number of other members as may

3 be found necessary to conduct hearings and consider and

4 dispose of matters properly before the Board in a timely

5 manner. The Board shall have such other professional, ad6 ministrative, clerical, and stenographic personnel as are

7 necessary to conduct hearings and consider and dispose

8 of matters properly before the Board in a timely man9 ner.’’.

10 (b) ETHICAL AND LEGAL LIMITATIONS ON CHAIR11 MAN.—Section 7101(b)(1) of such title is amended by in12 serting after the first sentence the following: ‘‘The Chair13 man shall be subject to the same ethical and legal limita14 tions and restrictions concerning involvement in partisan

15 political activities as apply to judges of the United States

16 Court of Veterans Appeals.’’.

17 (c) APPOINTMENT AND REMOVAL OF BOARD MEM18 BERS.—Section 7101(b) of such title is further amend19 ed—

20 (1) in paragraph (2)(A) by striking ‘‘other

21 members of the Board (including the Vice Chair22 man)’’ and inserting ‘‘Board members other than

23 the Chairman’’;

24 (2) in paragraph (2)(B) by striking ‘‘para25 graph’’ and inserting ‘‘subparagraph’’; and
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1 (3) by striking paragraph (4) and inserting the

2 following:

3 ‘‘(4) The Secretary shall designate one Board

4 member as Vice Chairman based upon recommenda5 tions of the Chairman. The Chairman may designate

6 one or more Board members as Deputy Vice Chair7 men. The Vice Chairman and any Deputy Vice

8 Chairman shall perform such functions as the Chair9 man may specify. The Vice Chairman shall serve as

10 Vice Chairman at the pleasure of the Secretary. Any

11 Deputy Vice Chairman shall serve as Deputy Vice

12 Chairman at the pleasure of the Chairman.’’.

13 (d) ACTING BOARD MEMBERS.—Section 7101(c) of

14 such title is amended—

15 (1) by striking paragraph (1) and inserting the

16 following:

17 ‘‘(1) The Chairman may from time to time des18 ignate one or more employees of the Department to

19 serve as acting Board members.’’;

20 (2) by striking paragraph (2); and

21 (3) by redesignating paragraph (3) as para22 graph (2) and in that paragraph by—

23 (A) striking ‘‘temporary Board members

24 designated under this subsection and the num25 ber of’’; and
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1 (B) striking ‘‘section 7102(a)(2)(A)(ii) of

2 this title’’ and inserting ‘‘paragraph (1)’’.

3 (e) CHAIRMAN’S ANNUAL REPORT.—Section

4 7101(d)(2) of such title is amended—

5 (1) by striking out ‘‘and’’ at the end of sub6 paragraph (D);

7 (2) by striking out the period at the end of sub8 paragraph (E) and inserting in lieu thereof ‘‘; and’’;

9 and

10 (3) by adding at the end the following new sub11 paragraph:

12 ‘‘(F) the names of those employees of the De13 partment designated under subsection (c)(1) to serve

14 as acting Board members during that year and the

15 number of cases each such acting Board member

16 participated in during that year.’’.

17 (e) CONFORMING AMENDMENTS.—Section 7101 of

18 such title is further amended—

19 (1) in subsection (d)(3)(B), by striking ‘‘section

20 7103(d)’’ and inserting ‘‘section 7101(a)(2)’’; and

21 (2) in subsection (e), by striking ‘‘a temporary

22 or’’ and inserting ‘‘an’’.
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1 SEC. 12302. DECISIONS BY THE BOARD.

2 (a) ACTION BY BVA THROUGH SECTIONS.—Sections

3 7102 and 7103 of title 38, United States Code, are

4 amended to read as follows:

5 ‘‘§ 7102. Decisions by the Board

6 ‘‘A proceeding instituted before the Board shall be

7 assigned to an individual member or a panel of members

8 of the Board (other than the Chairman). A member or

9 panel of members who are assigned a proceeding shall

10 render a decision thereon, including any motion filed in

11 connection therewith. The member or panel of members

12 shall make a report under section 7104(d) of this title on

13 any such determination, which report shall constitute the

14 Board’s final disposition of the proceeding. Decisions by

15 a panel shall be made by a majority of the members of

16 the panel.

17 ‘‘§ 7103. Reconsideration; correction of obvious errors

18 ‘‘(a) The decision of a member or panel of the Board

19 under section 7102 of this title is final unless the Chair20 man orders reconsideration of the case. Such an order may

21 be made on the Chairman’s initiative or upon motion of

22 the claimant.

23 ‘‘(b)(1) If the Chairman orders reconsideration in a

24 case decided by a single member, the matter shall be re25 ferred to a panel of not less than three Board members,

26 not including the member who rendered the initial deci-
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1 sion, which shall render its decision after reviewing the

2 entire record before the Board. Such decisions shall be

3 made by a majority vote of the members of the panel and

4 shall constitute the final decision of the Board.

5 ‘‘(2) If the Chairman orders reconsideration in a case

6 decided by a panel of members, the matter shall be re7 ferred to an enlarged panel, not including the members

8 of the panel which rendered the initial decision, which

9 shall render its decision after reviewing the entire record

10 before the Board. Such decisions shall be made by a ma11 jority vote of the members of the expanded panel and shall

12 constitute the final decision of the Board.

13 ‘‘(c) The Board on its own motion may correct an

14 obvious error in the record, without regard to whether

15 there has been a motion or order for reconsideration.’’.

16 (b) CLERICAL AMENDMENT.—The items relating to

17 sections 7102 and 7103 in the table of sections at the be18 ginning of chapter 71 are amended to read as follows:

‘‘7102. Decisions by the Board.

‘‘7103. Reconsideration; correction of obvious errors.’’.

19 SEC. 12303. TECHNICAL CORRECTION.

20 Section 7104(a) of title 38, United States Code, is

21 amended by striking out ‘‘211(a)’’ and inserting in lieu

22 thereof ‘‘511(a)’’.
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1 SEC. 12304. HEARINGS.

2 (a) IN GENERAL.—Section 7110 of title 38, United

3 States Code, is amended to read as follows:

4 ‘‘§ 7110. Hearings

5 ‘‘(a) The Board shall decide any appeal only after af6 fording the appellant an opportunity for a hearing.

7 ‘‘(b) A hearing docket shall be maintained and formal

8 recorded hearings shall be held by such member or mem9 bers of the Board as the Chairman may designate. Such

10 member or members designated by the Chairman to con11 duct the hearing will participate in making the final deter12 mination in the claim.

13 ‘‘(c)(1) An appellant may request a hearing before

14 the Board at either its principal location or at a regional

15 office of the Department. A hearing held at a regional of16 fice shall (except as provided in paragraph (2)) be sched17 uled for hearing in the order in which the requests for

18 hearing in that area are received by the Department at

19 the place specified by the Department for the filing of re20 quests for those hearings.

21 ‘‘(2) In a case in which the Secretary is aware that

22 the appellant is seriously ill or is under severe financial

23 hardship, a hearing may be scheduled at a time earlier

24 than would be provided under paragraph (1).

25 ‘‘(d) At the request of the Chairman, the Secretary

26 may provide suitable facilities and equipment to the Board
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1 or other components of the Department to enable an ap2 pellant located at a facility within the area served by a

3 regional office to participate, through voice transmission,

4 or picture and voice transmission, by electronic or other

5 means, in a hearing with a Board member or members

6 sitting at the Board’s principal location. When such facili7 ties and equipment are available, the Chairman may af8 ford the appellant an opportunity to participate in a hear9 ing before the Board through the use of such facilities and

10 equipment in lieu of a hearing held by personally appear11 ing before a Board member or members as provided in

12 subsection (c). Any such hearing shall be conducted in the

13 same manner as, and shall be considered the equivalent

14 of, a personal hearing. If the appellant declines to partici15 pate in a hearing through the use of such facilities and

16 equipment, the opportunity of the appellant to a hearing

17 as provided in subsection (c) shall not be affected.’’.

18 (b) CLERICAL AMENDMENT.—The item relating to

19 section 7110 in the table of sections at the beginning of

20 chapter 71 of such title is amended to read as follows:

‘‘7110. Hearings.’’.

21 SEC. 12305. ELIMINATION OF REQUIREMENT FOR ANNUAL

22 INCOME QUESTIONNAIRES.

23 Section 1506 of title 38, United States Code, is

24 amended—
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1 (1) in paragraph (2), by striking out ‘‘shall’’

2 and inserting in lieu thereof ‘‘may’’; and

3 (2) in paragraph (3), by striking out ‘‘file a re4 vised report’’ and inserting in lieu thereof ‘‘notify

5 the Secretary’’.

6 TITLE XIII—HUMAN RESOURCE

7 MANAGEMENT

8 SEC. 13001. FEDERAL WORKFORCE TRAINING.

9 (a) IN GENERAL.—Chapter 41 of title 5, United

10 States Code, is amended—

11 (1) in section 4101(4) by striking ‘‘fields’’ and

12 all that follows through the semicolon and inserting

13 ‘‘fields which will improve individual and organiza14 tional performance and assist in achieving the agen15 cy’s mission and performance goals;’’;

16 (2) in section 4103—

17 (A) in subsection (a)—

18 (i) by striking ‘‘In’’ and all that fol19 lows through ‘‘maintain’’ and inserting ‘‘In

20 order to assist in achieving an agency’s

21 mission and performance goals by improv22 ing employee and organizational perform23 ance, the head of each agency, in conform24 ity with this chapter, shall establish, oper25 ate, maintain, and evaluate’’;
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1 (ii) by striking ‘‘and’’ at the end of

2 paragraph (2);

3 (iii) by redesignating paragraph (3) as

4 paragraph (4); and

5 (iv) by inserting after paragraph (2)

6 the following:

7 ‘‘(3) provide that information concerning the

8 selection and assignment of employees for training

9 and the applicable training limitations and restric10 tions be made available to employees of the agency;

11 and’’; and

12 (B) in subsection (b)—

13 (i) in paragraph (1) by striking ‘‘de14 termines’’ and all that follows through the

15 period and inserting ‘‘determines that such

16 training would be in the interests of the

17 Government.’’; and

18 (ii) by striking paragraph (2) and re19 designating paragraph (3) as paragraph

20 (2);

21 (3) in section 4105—

22 (A) in subsection (a) by striking ‘‘(a)’’;

23 and

24 (B) by striking subsections (b) and (c);

25 (4) by repealing section 4106;
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1 (5) in section 4107—

2 (A) by amending the catchline to read as

3 follows:

4 ‘‘§ 4107. Restriction on degree training’’;

5 (B) by striking subsections (a) and (b) and

6 redesignating subsections (c) and (d) as sub7 sections (a) and (b), respectively;

8 (C) by amending subsection (a) (as so re9 designated)—

10 (i) by striking ‘‘subsection (d)’’ and

11 inserting ‘‘subsection (b)’’; and

12 (ii) by striking ‘‘by, in, or through a

13 non-Government facility’’; and

14 (D) by amending paragraph (1) of sub15 section (b) (as so redesignated) by striking

16 ‘‘subsection (c)’’ and inserting ‘‘subsection (a)’’;

17 (6) in section 4108(a) by striking ‘‘by, in, or

18 through a non-Government facility under this chap19 ter’’ and inserting ‘‘for more than a minimum period

20 prescribed by the head of the agency’’;

21 (7) in section 4113(b)—

22 (A) in the first sentence by striking ‘‘annu23 ally to the Office,’’ and inserting ‘‘to the Office,

24 at least once every 3 years, and’’; and
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1 (B) by striking the matter following the

2 first sentence and inserting the following: ‘‘The

3 report shall set forth—

4 ‘‘(1) information needed to determine that

5 training is being provided in a manner which is in

6 compliance with applicable laws intended to protect

7 or promote equal employment opportunity; and

8 ‘‘(2) information concerning the expenditures of

9 the agency in connection with training and such

10 other information as the Office considers appro11 priate.’’;

12 (8) by repealing section 4114; and

13 (9) in section 4118—

14 (A) in subsection (a)(7) by striking ‘‘by,

15 in, and through non-Government facilities’’;

16 (B) by striking subsection (b); and

17 (C) by redesignating subsections (c) and

18 (d) as subsections (b) and (c), respectively.

19 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

20 Title 5, United States Code, is amended—

21 (1) in section 3381(e) by striking ‘‘4105(a),’’

22 and inserting ‘‘4105,’’; and

23 (2) in the analysis for chapter 41—

24 (A) by repealing the items relating to sec25 tions 4106 and 4114; and
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1 (B) by amending the item relating to sec2 tion 4107 to read as follows:

‘‘4107. Restriction on degree training.’’.

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

4 this section shall become effective on the date of enact5 ment of this Act.

6 SEC. 13002. SES ANNUAL LEAVE ACCUMULATION.

7 (a) Effective on the last day of the last applicable

8 pay period beginning in calendar year 1993, subsection (f)

9 of section 6304 of title 5, United States Code, is amended

10 to read as follows:

11 ‘‘(f)(1) This subsection applies with respect to annual

12 leave accrued by an individual while serving in a position

13 in—

14 ‘‘(A) the Senior Executive Service;

15 ‘‘(B) the Senior Foreign Service;

16 ‘‘(C) the Defense Intelligence Senior Executive

17 Service;

18 ‘‘(D) the Senior Cryptologic Executive Service;

19 or

20 ‘‘(E) the Federal Bureau of Investigation and

21 Drug Enforcement Administration Senior Executive

22 Service.

23 ‘‘(2) For purposes of applying any limitation on accu24 mulation under this section with respect to any annual

25 leave described in paragraph (1)—
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1 ‘‘(A) ‘30 days’ in subsection (a) shall be deemed

2 to read ‘90 days’; and

3 ‘‘(B) ‘45 days’ in subsection (b) shall be

4 deemed to read ‘90 days’.’’.

5 (b) Notwithstanding the amendment made by sub6 section (a), in the case of an employee who, on the effec7 tive date of subsection (a), is subject to subsection (f) of

8 section 6304 of title 5, United States Code, and who has

9 to such employee’s credit annual leave in excess of the

10 maximum accumulation otherwise permitted by subsection

11 (a) or (b) of section 6304 (determined applying the

12 amendment made by subsection (a)), such excess annual

13 leave shall remain to the credit of the employee and be

14 subject to reduction, in the same manner as provided in

15 subsection (c) of section 6304.

16 TITLE XIV—REINVENTING

17 SUPPORT SERVICES

18 SEC. 14001. SHORT TITLE.

19 This title may be cited as the ‘‘Government Informa20 tion Dissemination and Printing Improvement Act of

21 1993’’.

22 SEC. 14002. TRANSFER OF FUNCTIONS.

23 (a) SUPERINTENDENT OF DOCUMENTS.—The posi24 tion of Superintendent of Documents and all functions of

25 the position of Superintendent of Documents under title
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1 44, United States Code, or any other provision of law are

2 transferred to the Library of Congress and shall be carried

3 out by the Superintendent of Documents under the direc4 tion of the Librarian of Congress. The Superintendent of

5 Documents shall be appointed by, and serve at the pleas6 ure of, the Librarian of Congress. Until otherwise provided

7 by law, on and after the effective date of the transfer

8 under this subsection, the employees under the Super9 intendent of Documents who are transferred shall be

10 treated, for purposes of the laws governing labor-manage11 ment relations, in the same manner as such employees

12 were treated before the effective date of such transfer.

13 (b) REVOCATION OF CHARTERS.—All printing plant

14 charters authorized under section 501 of title 44, United

15 States Code, are revoked.

16 (c) EFFECTIVE DATE.—The transfer under sub17 section (a) shall take effect one year after the date of the

18 enactment of this title. The revocation under subsection

19 (b) shall take effect 2 years after the date of the enact20 ment of this title.

21 SEC. 14003. GOVERNMENT PUBLICATIONS TO BE AVAIL22 ABLE THROUGHOUT THE GOVERNMENT.

23 All Government publications shall be available

24 throughout the Government to any department, agency,

25 or entity of the Government for use or redissemination.
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1 SEC. 14004. INVENTORY AND FURNISHING OF GOVERN2 MENT PUBLICATIONS.

3 Each department, agency, and other entity of the

4 Government shall—

5 (1) establish and maintain a comprehensive in6 ventory of its Government publications;

7 (2) make such inventory available through the

8 electronic directory under chapter 41 of title 44,

9 United States Code; and

10 (3) in the form and manner prescribed by the

11 Superintendent of Documents, furnish its Govern12 ment publications to the Superintendent of Docu13 ments.

14 SEC. 14005. ADDITIONAL RESPONSIBILITIES OF THE PUB15 LIC PRINTER.

16 (a) IN GENERAL.—The Public Printer shall, with re17 spect to the executive branch of the Government and the

18 judicial branch of the Government—

19 (1) use all necessary measures to remedy ne20 glect, delay, duplication, and waste in the public

21 printing and binding of Government publications, in22 cluding the reduction and elimination of internal

23 printing and high-speed duplicating capacities of de24 partments, agencies, and entities;

25 (2) prescribe Government publishing standards,

26 which, to the greatest extent practicable, shall be
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1 consistent with the United States Government Print2 ing Office Style Manual;

3 (3) prescribe Government procurement and

4 manufacturing requirements for printing paper and

5 writing paper, which, to the greatest extent prac6 ticable, shall be consistent with Government Paper

7 Specification Standards;

8 (4) authorize the acquisition and transfer of

9 equipment requisitioned by publishing facilities au10 thorized under section 501 of title 44, United States

11 Code;

12 (5) authorize the disposal of such equipment

13 pursuant to section 312 of title 44, United States

14 Code; and

15 (6) establish policy for the acquisition of print16 ing, which, to the greatest extent practicable, shall

17 be consistent with (A) Printing Procurement Regu18 lation (GPO Publication 305.3), (B) Government

19 Printing and Binding Regulations (JCP No. 26),

20 and (C) Printing Procurement Department Instruc21 tion (PP304.1B).

22 (b) POLICY STANDARDS.—The policy referred to in

23 subsection (a)(6) shall be formulated to maximize competi24 tive procurement from the private sector. Government in25 house printing and duplicating operations authorized
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1 under section 501 of title 44, United States Code, or oth2 erwise authorized by law, may be used if they provide

3 printing at the lowest cost to the Government, taking into

4 consideration the total expense of production, materials,

5 labor, equipment, and general and administrative expense,

6 including all levels of overhead.

7 SEC. 14006. ADDITIONAL RESPONSIBILITIES OF THE SU8 PERINTENDENT OF DOCUMENTS.

9 (a) GOVERNMENT PUBLICATIONS TO BE FURNISHED

10 TO THE SUPERINTENDENT OF DOCUMENTS.—If a depart11 ment, agency, or other entity of the Government publishes

12 a Government publication, the head of the department,

13 agency, or entity shall furnish the Government publication

14 to the Superintendent of Documents not later than the

15 date of release of the material to the public.

16 (b) DISSEMINATION OR REPUBLICATION.—In addi17 tion to any other dissemination provided for by law, the

18 Superintendent of Documents shall disseminate or repub19 lish Government publications, if, as determined by the Su20 perintendent, the dissemination by the department, agen21 cy, or entity of the Government is inadequate. The Super22 intendent shall have authority to carry out the preceding

23 sentence by appropriate means, including the dissemina24 tion and republication of Government publications fur25 nished under subsection (a), with the cost of dissemination
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1 and republication to be borne by the department, agency,

2 or entity involved.

3 (c) COST.—The cost charged to the public by the Su4 perintendent of Documents under subsection (b) for any

5 Government publication (whether such Government publi6 cation is made available to the public by a department,

7 agency, or entity of the Government, or by the Super8 intendent of Documents) may include the incremental cost

9 of dissemination, but may not include any profit.

10 SEC. 14007. DEPOSITORY LIBRARIES.

11 In addition to any other distribution provided for by

12 law, the Superintendent of Documents shall make Govern13 ment publications available to designated depository li14 braries and State libraries. The Superintendent shall have

15 authority to carry out the preceding sentence by appro16 priate means, including the dissemination and republica17 tion of Government publications furnished under section

18 14006(a), with the cost of dissemination and republication

19 to be borne by the department, agency, or entity involved.

20 SEC. 14008. DEFINITIONS.

21 As used in this title—

22 (1) the term ‘‘Government publication’’ means

23 any informational matter that is published at Gov24 ernment expense, or as required by law; and
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1 (2) the term ‘‘publish’’ means, with respect to

2 informational matter, make available for dissemina3 tion.

4 TITLE XV—STREAMLINING

5 MANAGEMENT CONTROL

6 SEC. 15001. AUTHORITY TO INCREASE EFFICIENCY IN RE7 PORTING TO CONGRESS.

8 (a) PURPOSE.—The purpose of this title is to improve

9 the efficiency of Executive branch performance in imple10 menting statutory requirements for reports to Congress

11 and its committees. Examples of improvements in effi12 ciency intended by this title are the elimination or consoli13 dation of duplicative or obsolete reporting requirements

14 and adjustments to deadlines that will provide for more

15 efficient workload distribution or improve the quality of

16 reports.

17 (b) AUTHORITY OF THE DIRECTOR.—The Director of

18 the Office of Management and Budget may publish annu19 ally in the President’s Budget his recommendations for

20 consolidation, elimination, or adjustments in frequency

21 and due dates of statutorily required periodic reports to

22 the Congress or its committees. For each recommendation,

23 the Director shall provide an individualized statement of

24 the reasons that support the recommendation. In addition,

25 for each report for which a recommendation is made, the
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1 Director shall state with specificity the exact consolida2 tion, elimination, or adjustment in frequency or due date

3 that is recommended. If the Director’s recommendations

4 are approved by law, they shall take effect.

5 (c) The Director’s recommendations shall be consist6 ent with the purpose stated in subsection (a).

7 (d) Prior to the publication of the recommendations

8 authorized in subsection (b), the Director or his designee

9 shall consult with the appropriate congressional commit10 tees concerning the recommendations.

11 TITLE XVI—FINANCIAL

12 MANAGEMENT

13 SEC. 16001. SHORT TITLE.

14 This title may be cited as the ‘‘Federal Financial

15 Management Act of 1993’’.

16 SEC. 16002. ELECTRONIC PAYMENTS.

17 (a) Section 3332 of title 31, United States Code, is

18 amended to read as follows:

19 ‘‘§ 3332. Required direct deposit

20 ‘‘(a)(1) Notwithstanding any other provision of law,

21 all Federal wage, salary, and retirement payments shall

22 be paid to recipients of such payments by electronic funds

23 transfer, unless another method has been determined by

24 the Secretary of the Treasury to be appropriate.
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1 ‘‘(2) Each recipient of Federal wage, salary, or retire2 ment payments shall designate one or more financial insti3 tutions or other authorized payment agents and provide

4 the payment certifying or authorizing agency information

5 necessary for the recipient to receive electronic funds

6 transfer payments through each institution so designated.

7 ‘‘(b)(1) The head of each agency shall waive the re8 quirements of subsection (a) of this section for a recipient

9 of Federal wage, salary, or retirement payments author10 ized or certified by the agency upon written request by

11 such recipient.

12 ‘‘(2) Federal wage, salary, or retirement payments

13 shall be paid to any recipient granted a waiver under para14 graph (1) of this subsection by any method determined

15 appropriate by the Secretary of the Treasury.

16 ‘‘(c)(1) The Secretary of the Treasury may waive the

17 requirements of subsection (a) of this section for any

18 group of recipients upon request by the head of an agency

19 under standards prescribed by the Secretary of the Treas20 ury.

21 ‘‘(2) Federal wage, salary, or retirement payments

22 shall be paid to any member of a group granted a waiver

23 under paragraph (1) of this subsection by any method de24 termined appropriate by the Secretary of the Treasury.
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1 ‘‘(d) This section shall apply only to recipients of

2 Federal wage or salary payments who begin to receive

3 such payments on or after January 1, 1995, and recipients

4 of Federal retirement payments who begin to receive such

5 payments on or after January 1, 1995.

6 ‘‘(e) The crediting of the amount of a payment to

7 the appropriate account on the books of a financial institu8 tion or other authorized payment agent designated by a

9 payment recipient under this section shall constitute a full

10 acquittance to the United States for the amount of the

11 payment.’’.

12 (b) The table of sections for chapter 33 of title 31,

13 United States Code, is amended by amending the item for

14 section 3332 to read:

‘‘3332. Required direct deposit.’’.

15 SEC. 16003. FRANCHISE FUNDS AND INNOVATION FUNDS.

16 (a) Title 31, United States Code, is amended by add17 ing, after section 1537, a section 1538, as follows:

18 ‘‘§ 1538. Franchise funds

19 ‘‘(a) There is hereby authorized to be established a

20 franchise fund in any executive agency which does not

21 have such a fund which shall be available, without further

22 appropriation action by the Congress, for expenses and

23 equipment necessary for the maintenance and operations

24 of such administrative services as the head of the agency,

25 with the approval of the Office of Management and Budg-
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1 et, determines may be performed more advantageously on

2 a centralized basis.

3 ‘‘(b)(1) The fund shall consist of the fair and reason4 able value of inventories, equipment, and other assets and

5 inventories on order pertaining to the services to be pro6 vided by the fund as are transferred by the head of the

7 agency to the fund less related liabilities and unpaid obli8 gations together with any appropriations made for the

9 purpose of providing capital.

10 ‘‘(2) For the first fiscal year a fund is in operation

11 and each fiscal year thereafter, an amount not to exceed

12 4 percent of the total income of the fund may be retained

13 in the fund, to remain available until expended, to be used

14 only for the acquisition of capital equipment and for the

15 improvement and implementation of agency financial man16 agement and related support systems.

17 ‘‘(3) For the first three fiscal years a fund is in oper18 ation, up to 50 percent of the unobligated balances of

19 funds provided in annual appropriations available at the

20 end of the fiscal year to the agency for salaries and ex21 penses may be transferred into the fund no later than the

22 end of the succeeding fiscal year.

23 ‘‘(c) The fund shall be reimbursed or credited with

24 payments, including advance payments, from applicable

25 appropriations and funds of the agency, other Federal
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1 agencies, and other sources authorized by law for supplies,

2 materials, and services at rates which will recover the ex3 penses of operations including accrued leave, depreciation

4 of fund plant and equipment, and an amount necessary

5 to maintain a reasonable operating reserve, as determined

6 by the head of the agency.

7 ‘‘(d)(1) In the third fiscal year after the fund is es8 tablished, and each year thereafter, any Federal entity

9 seeking to obtain any service financed through the fund

10 that is not inherently governmental in nature must not

11 be precluded from obtaining such service from one or more

12 other sources, either governmental or non-governmental,

13 in addition to the source finance through the funds.

14 ‘‘(2) If, after the end of the third fiscal year after

15 a fund is established, any Federal entity seeking to obtain

16 any service financed through the fund that is not inher17 ently governmental in nature is precluded from obtaining

18 such service from one or more other sources, either gov19 ernmental or non-governmental, in addition to the source

20 financed through the fund, the fund shall be canceled.’’.

21 (b) The table of sections for subchapter III of chapter

22 15 of title 31, United States Code, is amended by adding,

23 after the item for section 1537, the following new item:

‘‘1538. Franchise funds.’’.

24 (c) Title 31, United States Code, is amended by add25 ing, after section 1538, a section 1539, as follows:
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1 ‘‘§ 1539. Innovation funds

2 ‘‘(a) There is hereby authorized to be established an

3 innovation fund in any executive agency which does not

4 have such a fund, which shall be available without further

5 appropriation action by the Congress.

6 ‘‘(b) The purpose of the fund is to provide a self7 sustaining source of financing for agencies to invest in

8 projects designed to produce measurable improvements in

9 agency efficiency and significant taxpayer savings.

10 Amounts available in the fund may be borrowed by the

11 agency for such projects, subject to subsection (e).

12 ‘‘(c) Each agency that establishes an innovation fund

13 will develop an investment project selection process, in14 cluding specific investment criteria such as return on in15 vestment, payback period, extent of matching or in-kind

16 support (including such support from other Federal agen17 cies), technical merit, and budget justification.

18 ‘‘(d) For the first three fiscal years a fund is in oper19 ation, up to 50 percent of the unobligated balances of

20 funds provided in annual appropriations available at the

21 end of the fiscal year to the agency (other than appropria22 tions for salaries and expenses) may be transferred to and

23 merged with the innovation fund to be available to make

24 loans to agency components for projects designed to en25 hance productivity and generate cost savings, provided
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1 that such transfers occur no later than the end of the suc2 ceeding fiscal year.

3 ‘‘(e)(1) Any amounts borrowed from the fund by an

4 agency component to finance a project selected under the

5 process described in subsection (c) shall be repaid to the

6 fund at the times specified in the repayment schedule

7 agreed upon at the time the loan is made.

8 ‘‘(2) Interest on loans made by the fund shall be paid

9 to the fund at the rate on marketable Treasury securities

10 of similar maturity at the time the loan is made.

11 ‘‘(3) Repayments shall be made from the accounts

12 anticipated to receive the greatest long-term benefit from

13 the project at the time the loan is made.

14 ‘‘(4) Repayments to the fund shall take priority over

15 any other obligation of payments of an account designated

16 to make repayments under paragraph (3) of this sub17 section.’’.

18 (d) The table of sections for subchapter III of chapter

19 15 of title 31, United States Code, is amended by adding,

20 after the item for section 1538, the following new item:

‘‘1539. Innovation funds.’’.

21 SEC. 16004. SIMPLIFICATION OF MANAGEMENT REPORTING

22 PROCESS.

23 (a) To improve the efficiency of Executive branch

24 performance in implementing statutory requirements for

25 general management and financial management reports to
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1 the Congress and its committees, the Director of the Of2 fice of Management and Budget may publish annually in

3 the President’s Budget his recommendations for consoli4 dation, elimination, or adjustments in frequency and due

5 dates of statutorily required periodic reports of agencies

6 to the Office of Management and Budget or the President

7 and of agencies or the Office of Management and Budget

8 to the Congress under any laws for which the Office of

9 Management and Budget has general management or fi10 nancial management responsibility. For each rec11 ommendation, the Director shall provide an individualized

12 statement of the reasons that support the recommenda13 tion. In addition, for each report for which a recommenda14 tion is made, the Director shall state with specificity the

15 exact consolidation, elimination, or adjustment in fre16 quency or due date that is recommended. If the Director’s

17 recommendations are approved by law, they shall take ef18 fect.

19 (b) The Director’s recommendations shall be consist20 ent with the purpose stated in subsection (a).

21 (c) Prior to the publication of the recommendations

22 authorized in subsection (a), the Director or his designee

23 shall consult with the appropriate congressional commit24 tees, including the House Committee on Government Op-
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1 erations and the Senate Committee on Governmental Af2 fairs, concerning the recommendations.

3 SEC. 16005. ANNUAL FINANCIAL REPORTS.

4 (a) Section 3515 of title 31, United States Code, is

5 amended to read as follows:

6 ‘‘§ 3515. Financial statements of agencies

7 ‘‘(a) Not later than March 1 of 1997 and each year

8 thereafter, the head of each executive agency identified in

9 section 901(b) of this title shall prepare and submit to

10 the Director of the Office of Management and Budget an

11 audited financial statement for the preceding fiscal year,

12 covering all accounts and associated activities of each of13 fice, bureau, and activity of the agency.

14 ‘‘(b) Each audited financial statement of an executive

15 agency under this section shall reflect—

16 ‘‘(1) the overall financial position of the offices,

17 bureaus, and activities covered by the statement, in18 cluding assets and liabilities thereof; and

19 ‘‘(2) results of operations of those offices, bu20 reaus, and activities.

21 ‘‘(c) The Director of the Office of Management and

22 Budget shall prescribe the form and content of the finan23 cial statements of executive agencies under this section,

24 consistent with applicable accounting principles, stand25 ards, and requirements.
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1 ‘‘(d) The Director of the Office of Management and

2 Budget may waive the application of all or part of sub3 section (a).

4 ‘‘(e) Not later than March 1 of 1996, the head of

5 each Executive agency identified in section 901(b) of this

6 title and designated by the Director of the Office of Man7 agement and Budget shall prepare and submit to the Di8 rector of the Office of Management and Budget an audited

9 financial statement for the preceding fiscal year, covering

10 all accounts and associated activities of each office, bu11 reau, and activity of the agency.

12 ‘‘(f) Not later than March 31 of 1994, 1995, and,

13 for Executive agencies not designated by the Director of

14 the Office of Management and Budget under subsection

15 (e), 1996, the head of each Executive agency identified

16 in section 901(b) of this title shall prepare and submit

17 to the Director of the Office of Management and Budget

18 a financial statement for the preceding fiscal year, cover19 ing—

20 ‘‘(1) each revolving fund and trust fund of the

21 agency; and

22 ‘‘(2) to the extent practicable, the accounts of

23 each office, bureau, and activity of the agency which

24 performed substantial commercial functions during

25 the preceding fiscal year.
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1 ‘‘(g) for purposes of subsection (f), the term ‘commer2 cial functions’ includes buying and leasing of real estate,

3 providing insurance, making loans and loan guarantees,

4 and other credit programs and any activity involving the

5 provision of a service or thing for which a fee, royalty,

6 rent, or other charge is imposed by an agency for services

7 and things of value it provides.’’.

8 (b) Subsection 3521(f) of title 31, United States

9 Code, is amended to read as follows:

10 ‘‘(f)(1) For each audited financial statement required

11 under subsections (a) and (e) of section 3515 of this title,

12 the person who audits the statement for purpose of sub13 section (e) of this section shall submit a report on the

14 audit to the head of the agency. A report under this sub15 section shall be prepared in accordance with generally ac16 cepted government auditing standards.

17 ‘‘(2) Not later than June 30 following the fiscal year

18 for which a financial statement is submitted under sub19 section (f) of section 3515 of this title, the person who

20 audits the statement for purpose of subsection (e) of this

21 section shall submit a report on the audit to the head of

22 the agency. A report under this subsection shall be pre23 pared in accordance with generally accepted government

24 auditing standards.’’.
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1 SEC. 16006. AUTHORIZATION OF APPROPRIATIONS FOR EN2 HANCING DEBT COLLECTION.

3 (a) Title 31, United States Code, is amended by add4 ing, after section 3720A, a section 3720B, as follows:

5 ‘‘§ 3720B. Authorization of appropriations for enhanc6 ing debt collection

7 ‘‘(a) To the extent and in the amounts provided in

8 advance in appropriations acts—

9 ‘‘(1) an amount not to exceed 1 percent of the

10 delinquent debts collected for a program in one fiscal

11 year is authorized to be credited in the following fis12 cal year to a special fund for such program;

13 ‘‘(2) an amount not to exceed 10 percent of any

14 sustained annual increase in delinquent debt collec15 tions, as defined by the Director of the Office of

16 Management and Budget, is authorized to be cred17 ited to a special fund for such program; and

18 ‘‘(3) from amounts credited under paragraphs

19 (1) and (2), such sums as may be necessary are au20 thorized to be appropriated for the improvement of

21 that program’s debt collection activities, including,

22 but not limited to, account and loan servicing, delin23 quent debt collection and asset disposition.

24 ‘‘(b) Debt is defined as delinquent under standards

25 prescribed or to be prescribed by the Secretary of the

26 Treasury.
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1 ‘‘(c) For direct loan and loan guarantee programs

2 subject to Title V of the Congressional Budget Act of

3 1974, amounts credited in accordance with section (a)

4 shall be considered administrative costs and shall not be

5 included in the estimated payments to the Government for

6 the purpose of calculating the cost of such programs.

7 ‘‘(d) This section shall apply only to collection of

8 debts—

9 ‘‘(1) for a program not within the Department

10 of Justice; and

11 ‘‘(2) not involving the assistance of the Depart12 ment of Justice.’’.

13 (b) The table of sections for subchapter II of chapter

14 37 of title 31, United States Code, is amended by adding,

15 after the item for section 3720A, the following new item:

‘‘3720B. Authorization of appropriations for enhancing debt collection.’’.

16 SEC. 16007. CONTRACTS FOR COLLECTION SERVICES.

17 (a) Subsection 3701(d) of Title 31, United States

18 Code, is amended—

19 (1) by striking ‘‘and 3716–3719’’ and inserting

20 in lieu thereof ‘‘, 3716, and 3717’’; and

21 (2) by striking ‘‘, the Social Security Act (42

22 U.S.C. 301 et seq.),’’.

23 (b) Section 3701 of title 31, United States Code, is

24 amended by adding at the end the following:
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1 ‘‘(e) Section 3718 of this title does not apply to a

2 claim or debt under, or to an amount payable under, the

3 Social Security Act (42 U.S.C. 301 et seq.) owed by a

4 person receiving benefits under that Act or to a claim or

5 debt under, or to an amount payable under, title 26 of

6 the United States Code.’’.

7 SEC. 16008. NOTIFICATION TO AGENCIES OF DEBTORS’

8 MAILING ADDRESSES.

9 Section 3720A of title 31, United States Code is

10 amended by striking ‘‘the individual’s home address.’’ at

11 the end of subsection (c) and inserting the following: ‘‘the

12 person’s mailing address. Provision of this information is

13 authorized by section 6103(m)(2) of the Internal Revenue

14 Code (26 U.S.C. 6103(m)(2)).’’.

15 SEC. 16009. CONTRACTS FOR COLLECTION SERVICES.

16 Subparagraph 3718(B)(1)(A) of title 31, United

17 States Code, is amended by striking the following: ‘‘If the

18 Attorney General makes a contract for legal services to

19 be furnished in any judicial district of the United States

20 under the first sentence of this paragraph, the Attorney

21 General shall use his best efforts to obtain, from among

22 attorneys regularly engaged in the private practice of law

23 in such district, at least four such contracts with private

24 individuals or firms in such district.’’.
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1 SEC. 16010. ADJUSTING CIVIL MONETARY PENALTIES FOR

2 INFLATION.

3 The Federal Civil Penalties Inflation Adjustment Act

4 of 1990 is amended by—

5 (1) amending section 4 to read as follows: ‘‘The

6 head of each agency shall—

7 ‘‘(1) by regulation, no later than September 30,

8 1994, and at least once every 4 years thereafter, ad9 just each civil monetary penalty provided by law

10 within the jurisdiction of the Federal agency, except

11 for any penalty under title 26, United States Code,

12 by the inflation adjustment described under section

13 5 and publish each such adjustment in the Federal

14 Register; and

15 ‘‘(2) provide a report to the Secretary of the

16 Treasury by November 15 of each year on all pen17 alties adjusted during the preceding fiscal year.’’;

18 (2) amending subsection 5(a) by striking ‘‘The

19 adjustment described under paragraphs (4) and

20 (5)(A) of section 4’’ and inserting ‘‘The inflation ad21 justment’’; and

22 (3) adding, after section 6, a section 7, as fol23 lows: ‘‘Section 7. Any increase to a civil monetary

24 penalty resulting from this Act shall apply only to

25 violations which occur after the date any such in26 crease takes effect.’’.
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1 TITLE XVII—RESCISSIONS OF

2 BUDGET AUTHORITY

3 SEC. 17001. SHORT TITLE.

4 This title may be cited as the ‘‘Fiscal Year 1994 Re5 scission Act’’.

6 Subtitle A—Department of Agri7 culture, Rural Development,

8 Food and Drug Administration,

9 and Related Agencies

10 DEPARTMENT OF AGRICULTURE

11 AGRICULTURAL RESEARCH SERVICE

12 (RESCISSION AND TRANSFER OF FUNDS)

13 Of the funds made available under this heading in

14 Public Law 103–111 and subsequently transferred to the

15 Human Nutrition Information Service pursuant to Sec16 retary’s Memorandum No. 1020–39, dated September 30,

17 1993, $1,000,000 are rescinded and the remaining funds

18 are transferred to the Agricultural Research Service: Pro19 vided, That funds appropriated by Public Law 103–111

20 for the functions of the former Human Nutrition Informa21 tion Service shall be made available only to the Agricul22 tural Research Service.
149

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1 COOPERATIVE STATE RESEARCH SERVICE

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–111, $14,279,000 are rescinded, includ5 ing $4,375,000 for contracts and grants for agricultural

6 research under the Act of August 4, 1965, as amended;

7 $7,000,000 for competitive research grants; and

8 $2,904,000 for necessary expenses of the Cooperative

9 State Research Service.

10 BUILDINGS AND FACILITIES

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–111, $2,897,000 are rescinded.

14 AGRICULTURAL MARKETING SERVICE

15 MARKETING SERVICES

16 (RESCISSION AND TRANSFER OF FUNDS)

17 Of the funds made available under this heading in

18 Public Law 103–111 and subsequently transferred to the

19 Agricultural Cooperative Service pursuant to Secretary’s

20 Memorandum No. 1020–39, dated September 30, 1993,

21 $100,000 are rescinded and the remaining funds are

22 transferred to the Rural Development Administration.

23 PAYMENTS TO STATES AND POSSESSIONS

24 (TRANSFER OF FUNDS)

25 Of the funds made available under this heading in

26 Public Law 103–111 and subsequently transferred to the
150

•HR 3400 EH

1 Agricultural Cooperative Service pursuant to Secretary’s

2 Memorandum No. 1020–39, dated September 30, 1993,

3 $435,000 are transferred to the Rural Development

4 Administration.

5 FARMERS HOME ADMINISTRATION

6 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

7 (RESCISSION)

8 Of the funds made available under this heading in

9 Public Law 103–111 for the cost of direct section 502

10 loans, $35,000,000 are rescinded.

11 RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

12 (RESCISSION)

13 Of the funds made available under this heading in

14 Public Law 103–111 for the cost of direct loans,

15 $20,000,000 are rescinded.

16 RURAL WATER AND WASTE DISPOSAL GRANTS

17 (RESCISSION)

18 Of the funds made available under this heading in

19 Public Law 103–111, $25,000,000 are rescinded.

20 SALARIES AND EXPENSES

21 (RESCISSION)

22 Of the funds made available under this heading in

23 Public Law 103–111, $12,167,000 are rescinded.
151

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1 FOOD AND NUTRITION SERVICE

2 COMMODITY SUPPLEMENTAL FOOD PROGRAM

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 102–341, $12,600,000 are rescinded.

6 FOOD DONATIONS PROGRAMS FOR SELECTED GROUPS

7 (RESCISSION)

8 Of the funds made available under this heading in

9 Public Law 102–341, $6,000,000 are rescinded.

10 PUBLIC LAW 480 PROGRAM ACCOUNT

11 (RESCISSION)

12 Of the funds made available under this heading in

13 Public Law 103–111 for commodities supplied in connec14 tion with title III, $20,000,000 are rescinded.

15 Subtitle B—Departments of Com16 merce, Justice, and State, the

17 Judiciary, and Related Agencies

18 DEPARTMENT OF COMMERCE

19 ECONOMIC DEVELOPMENT ADMINISTRATION

20 ECONOMIC DEVELOPMENT REVOLVING FUND

21 (RESCISSION)

22 Of the unobligated balances in the Economic Devel23 opment Revolving Fund, $29,000,000 are rescinded.
152

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1 NATIONAL OCEANIC AND ATMOSPHERIC

2 ADMINISTRATION

3 CONSTRUCTION

4 (RESCISSION)

5 Of the amounts made available under this heading

6 in Public Law 103–121, $3,000,000 are rescinded.

7 DEPARTMENT OF JUSTICE

8 ADMINISTRATIVE PROVISION

9 For fiscal year 1994 only, the Director of the Bureau

10 of Justice Assistance, upon good cause shown, may waive

11 the provisions of section 504(f) of the Omnibus Crime

12 Control and Safe Streets Act of 1968 for projects located

13 in communities covered under a Presidentially declared

14 disaster pursuant to the Robert T. Stafford Disaster Re15 lief and Emergency Assistance Act.

16 DEPARTMENT OF STATE

17 ADMINISTRATION OF FOREIGN AFFAIRS

18 BUYING POWER MAINTENANCE

19 (RESCISSION)

20 Of the balances in the Buying Power Maintenance

21 account, $8,800,000 are rescinded.

22 NEW DIPLOMATIC POSTS

23 (RESCISSION)

24 Of the funds made available for the United States

25 Information Agency under this heading in Public Law

26 102–395, $1,000,000 are rescinded.
153

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1 ADMINISTRATIVE PROVISION

2 Subject to enactment of legislation authorizing the

3 Secretary of State to charge a fee or surcharge for proc4 essing machine readable non-immigrant visas and machine

5 readable combined border crossing identification cards and

6 non-immigrant visas, the Secretary of State may collect

7 not to exceed $20,000,000 in additional fees or surcharges

8 during fiscal year 1994 pursuant to such authority: Pro9 vided, That such additional fees shall be deposited as an

10 offsetting collection to the Department of State, Adminis11 tration of Foreign Affairs, ‘‘Diplomatic and Consular Pro12 grams’’ appropriation account and such fees shall remain

13 available until expended: Provided further, That such col14 lections shall be available only to modernize, automate,

15 and enhance consular services and counterterrorism activi16 ties of the Department of State, to include the develop17 ment and installation of automated visa and namecheck

18 information systems, secure travel documents, worldwide

19 telecommunications systems, and management systems to

20 permit sharing of critical information regarding visa appli21 cants and help secure America’s borders.
154

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1 THE JUDICIARY

2 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

3 JUDICIAL SERVICES

4 DEFENDER SERVICES

5 (RESCISSION)

6 Of the funds made available under this heading in

7 Public Law 103–121, $3,000,000 are rescinded.

8 RELATED AGENCIES

9 BOARD FOR INTERNATIONAL BROADCASTING

10 ISRAEL RELAY STATION

11 (RESCISSION)

12 Of the funds made available under this heading,

13 $1,700,000 are rescinded.

14 UNITED STATES INFORMATION AGENCY

15 SALARIES AND EXPENSES

16 (INCLUDING RESCISSION)

17 Of the funds made available under this heading in

18 Public Law 103–121, $1,177,000 are rescinded.

19 Notwithstanding the provisions of this or any other

20 Act, not to exceed $2,000,000 of the funds made available

21 under this heading in Public Law 103–121 may be used

22 to carry out projects involving security construction and

23 related improvements for Agency facilities not physically

24 located together with Department of State facilities

25 abroad: Provided, That such funds may remain available

26 until expended.
155

•HR 3400 EH

1 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 103–121, $850,000 are rescinded.

5 RADIO CONSTRUCTION

6 (RESCISSION)

7 Of the funds made available under this heading in

8 Public Law 103–121, $2,000,000 are rescinded.

9 Subtitle C—Energy and Water

10 Development

11 DEPARTMENT OF DEFENSE—CIVIL

12 DEPARTMENT OF THE ARMY

13 CORPS OF ENGINEERS—CIVIL

14 GENERAL INVESTIGATIONS

15 (RESCISSION)

16 Of the amounts made available under this heading

17 in Public Law 102–377 and prior years’ Energy and

18 Water Development Appropriations Acts, $24,970,000 are

19 rescinded.

20 CONSTRUCTION, GENERAL

21 (RESCISSION)

22 Of the amounts made available under this heading

23 in Public Law 102–377 and prior years’ Energy and

24 Water Development Appropriations Acts, $97,319,000 are

25 rescinded.
156

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1 DEPARTMENT OF THE INTERIOR

2 BUREAU OF RECLAMATION

3 CONSTRUCTION PROGRAM

4 (RESCISSION)

5 Of the amounts made available under this heading

6 in Public Law 102–377 and prior years’ Energy and

7 Water Development Appropriations Acts, $16,000,000 are

8 rescinded.

9 DEPARTMENT OF ENERGY

10 ENERGY SUPPLY, RESEARCH AND DEVELOPMENT

11 ACTIVITIES

12 (RESCISSION)

13 Of the funds made available under this heading in

14 Public Law 103–126, $97,300,000 are rescinded: Pro15 vided, That the reduction shall be taken as a general re16 duction, applied to each program equally, so as not to

17 eliminate or disproportionately reduce any program,

18 project, or activity in the Energy Supply, Research and

19 Development Activities account as included in the reports

20 accompanying Public Law 103–126.

21 URANIUM SUPPLY AND ENRICHMENT ACTIVITIES

22 (RESCISSION)

23 Of the amounts made available under this heading

24 in Public Law 102–377 and prior years’ Energy and

25 Water Development Appropriations Acts, $42,000,000 are

26 rescinded.
157

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1 Subtitle D—Foreign Operations,

2 Export Financing, and Related

3 Agencies

4 MULTILATERAL ECONOMIC ASSISTANCE

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 INTERNATIONAL FINANCIAL INSTITUTIONS

7 INTERNATIONAL BANK FOR RECONSTRUCTION AND

8 DEVELOPMENT

9 (RESCISSION)

10 Of the unexpended or unobligated balances made

11 available for payment to the International Bank for Re12 construction and Development for the United States share

13 of the paid-in share portion of the increases in capital

14 stock for the General Capital Increase, $27,910,500 is

15 rescinded.

16 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

17 Notwithstanding Public Law 103–87, the United

18 States Governor of the International Bank for Reconstruc19 tion and Development may subscribe without fiscal year

20 limitation to the callable capital portion of the United

21 States share of the increases in capital stock in an amount

22 not to exceed $902,439,500.
158

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1 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

2 BANK

3 (RESCISSION)

4 Of the unexpended or unobligated balances made

5 available for payment to the Inter-American Development

6 Bank by the Secretary of the Treasury, for the paid-in

7 share portion of the United States share of the increase

8 in capital stock $16,063,134 is rescinded.

9 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

10 Notwithstanding Public Law 103–87, the United

11 States Governor of the Inter-American Development Bank

12 may subscribe without fiscal year limitation to the callable

13 capital portion of the United States share of the increases

14 in capital stock in an amount not to exceed

15 $1,563,875,725.

16 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

17 (RESCISSION)

18 Of the unexpended or unobligated balances made

19 available for payment to the Asian Development Bank by

20 the Secretary of the Treasury, for the paid-in share por21 tion of the United States share of the increase in capital

22 stock $13,026,366 is rescinded.

23 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

24 Notwithstanding Public Law 103–87, the United

25 States Governor of the Asian Development Bank may not

26 subscribe in fiscal year 1994 to the callable capital portion
159

•HR 3400 EH

1 of the United States share of any increases in capital

2 stock.

3 BILATERAL ECONOMIC ASSISTANCE

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 AGENCY FOR INTERNATIONAL DEVELOPMENT

6 DEVELOPMENT ASSISTANCE

7 (RESCISSION)

8 Of the unexpended or unobligated balances (including

9 earmarked funds) made available for fiscal years 1987

10 through 1993 to carry out the provisions of sections 103

11 through 106 of the Foreign Assistance Act of 1961, as

12 amended, $160,000,000 is rescinded: Provided, That

13 funds rescinded under this paragraph are to be derived

14 from the following countries in the following amounts:

15 Guatemala, $8,000,000; Honduras, $5,000,000; India,

16 $10,000,000; Indonesia, $15,000,000; Morocco,

17 $10,000,000; Pakistan, $15,000,000; Peru, $5,000,000;

18 Philippines, $10,000,000; Thailand, $10,000,000; and

19 Yemen, $5,000,000: Provided further, That $10,000,000

20 of the funds rescinded under this paragraph are to be de21 rived from non-country specific, centrally funded activities:

22 Provided further, That $57,000,000 of the funds rescinded

23 under this paragraph are to be derived from prior year

24 deobligated funds.
160

•HR 3400 EH

1 ECONOMIC SUPPORT FUND

2 (RESCISSION)

3 Of the unexpended or unobligated balances of funds

4 (including earmarked funds) made available for fiscal

5 years 1987 through 1993 to carry out the provisions of

6 chapter 4 of part II of the Foreign Assistance Act of 1961,

7 as amended, $90,000,000 is rescinded: Provided, That

8 funds rescinded under this paragraph are to be derived

9 from the following countries in the following amounts:

10 Kenya, $2,000,000; Liberia, $797,000; Oman,

11 $18,000,000; Peru, $11,000,000; Philippines,

12 $10,200,000; and Somalia, $3,003,000: Provided further,

13 That $45,000,000 of the funds rescinded under this para14 graph are to be derived from the Private Sector Power

15 Project (No. 391–0494) for Pakistan.

16 MILITARY ASSISTANCE

17 FUNDS APPROPRIATED TO THE PRESIDENT

18 FOREIGN MILITARY FINANCING PROGRAM

19 (RESCISSION)

20 Of the grant funds made available (including ear21 marked funds) under this heading in Public Law 102–391

22 and prior appropriations Acts, $66,000,000 is rescinded:

23 Provided, That funds rescinded under this paragraph are

24 to be derived from the following countries in the following

25 amounts: Benin, $3,000; Cameroon, $161,000; Central

26 African Republic, $59,000; Congo, $7,000; Cote D’ Ivoire,
161

•HR 3400 EH

1 $128,000; Equatorial Guinea, $86,000; Gabon, $3,000;

2 Ghana, $600,000; Guatemala, $1,563,000; Guinea,

3 $499,000; Kenya, $9,000,000; Liberia, $15,000; Mada4 gascar, $505,000; Mali, $3,000; Malawi, $326,000; Mau5 ritania, $300,000; Morocco, $8,000,000; Organization of

6 American States, $6,000; Oman, $3,100,000; Pakistan,

7 $8,108,000; Peru, $6,533,000; Philippines, $5,000,000;

8 Rwanda, $250,000; Sao Tome & Principe, $228,000; So9 malia, $4,349,000; Sudan, $8,609,000; Thailand,

10 $1,384,000; Togo, $19,000; Tunisia, $4,100,000; Ugan11 da, $100,000; Yemen, $2,241,000; Zambia, $100,000;

12 Zaire, $455,000; and Zimbabwe, $160,000.

13 Subtitle E—Department of the

14 Interior and Related Agencies

15 DEPARTMENT OF THE INTERIOR

16 U.S. FISH AND WILDLIFE SERVICE

17 CONSTRUCTION AND ANADROMOUS FISH

18 (RESCISSION)

19 Of the funds appropriated under this head in Public

20 Law 100–446 and Public Law 102–154, $3,874,000 are

21 rescinded.
162

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1 DEPARTMENT OF THE TREASURY

2 BIOMASS ENERGY DEVELOPMENT

3 (RESCISSION)

4 Of the funds available under this head, $16,275,000

5 are rescinded.

6 DEPARTMENT OF ENERGY

7 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

8 Section 303 of Public Law 97–257, as amended, is

9 repealed.

10 The seventh proviso under the head ‘‘Clean Coal

11 Technology’’ in Public Law 101–512, and the seventh pro12 viso under the head ‘‘Clean Coal Technology’’ in Public

13 Law 102–154, both concerning Federal employment, are

14 repealed.

15 Subtitle F—Departments of Labor,

16 Health and Human Services,

17 Education, and Related Agen18 cies

19 DEPARTMENT OF LABOR

20 (RESCISSION)

21 Of the amounts appropriated in Public Law 103–112

22 for salaries and expenses and administrative costs of the

23 Department of Labor, $4,000,000 are rescinded.
163

•HR 3400 EH

1 DEPARTMENT OF HEALTH AND HUMAN

2 SERVICES

3 (RESCISSION)

4 Of the amounts appropriated in Public Law 103–112

5 for salaries and expenses and administrative costs of the

6 Department of Health and Human Services (except the

7 Social Security Administration), $37,500,000 are

8 rescinded.

9 SOCIAL SECURITY ADMINISTRATION

10 SUPPLEMENTAL SECURITY INCOME PROGRAM

11 (RESCISSION)

12 Of the amounts appropriated in the first paragraph

13 under this heading in Public Law 103–112, $10,909,000

14 are rescinded.

15 LIMITATION ON ADMINISTRATIVE EXPENSES

16 (RESCISSION)

17 Of the funds made available under this heading in

18 Public Law 103–112 to invest in a state-of-the-art com19 puting network, $80,000,000 are rescinded.

20 DEPARTMENT OF EDUCATION

21 DEPARTMENTAL MANAGEMENT

22 PROGRAM ADMINISTRATION

23 (RESCISSION)

24 Of the amounts appropriated under this heading in

25 Public Law 103–112 for salaries and expenses and admin-
164

•HR 3400 EH

1 istrative costs of the Department of Education,

2 $8,500,000 are rescinded.

3 Subtitle G—Legislative Branch

4 HOUSE OF REPRESENTATIVES

5 SALARIES AND EXPENSES

6 (RESCISSION)

7 Of the amounts made available under this heading

8 in Public Law 101–520, $633,000 are rescinded in the

9 amounts specified for the following headings and accounts:

10 ‘‘ALLOWANCES AND EXPENSES’’, $633,000, as follows:

11 ‘‘Official Expenses of Members’’, $128,000; ‘‘sup12 plies, materials, administrative costs and Federal tort

13 claims’’, $125,000; ‘‘net expenses of purchase, lease and

14 maintenance of office equipment’’, $364,000; and ‘‘Gov15 ernment contributions to employees’ life insurance fund,

16 retirement funds, Social Security fund, Medicare fund,

17 health benefits fund, and worker’s and unemployment

18 compensation’’, $16,000.

19 Of the amounts made available under this heading

20 in Public Law 102–90, $2,352,000 are rescinded in the

21 amounts specified for the following headings and accounts:
165

•HR 3400 EH

1 ‘‘HOUSE LEADERSHIP OFFICES’’, $253,000;

2 ‘‘COMMITTEE ON THE BUDGET (STUDIES)’’, $4,000;

3 ‘‘STANDING COMMITTEES, SPECIAL AND SELECT’’,

4 $378,000;

5 ‘‘ALLOWANCES AND EXPENSES’’, $943,000, as follows:

6 ‘‘Official Expenses of Members’’, $876,000; and

7 ‘‘stenographic reporting of committee hearings’’, $67,000;

8 ‘‘COMMITTEE ON APPROPRIATIONS (STUDIES AND

9 INVESTIGATIONS)’’, $595,000;

10 ‘‘SALARIES, OFFICERS AND EMPLOYEES’’, $179,000, as

11 follows:

12 ‘‘Office of the Postmaster’’, $19,000; ‘‘for salaries

13 and expenses of the Office of the Historian’’, $26,000;

14 ‘‘the House Democratic Steering and Policy Committee

15 and the Democratic Caucus’’, $73,000; and ‘‘the House

16 Republican Conference’’, $61,000.

17 ARCHITECT OF THE CAPITOL

18 CAPITOL BUILDINGS AND GROUNDS

19 CAPITOL BUILDINGS

20 (RESCISSION)

21 Of the amounts made available under this heading

22 in Public Law 102–392 and Public Law 103–69,

23 $1,000,000 and $2,000,000, respectively, both made avail24 able until expended, are rescinded: Provided, That the Ar25 chitect of the Capitol shall be considered the agency for

26 purposes of the election in section 801(b)(2)(B) of the
166

•HR 3400 EH

1 National Energy Conservation Policy Act and the head of

2 the agency for purposes of subsection (b)(2)(C) of such

3 section.

4 LIBRARY OF CONGRESS

5 (RESCISSION)

6 Of the amounts made available under this heading

7 in Public Law 103–69 and Public Law 98–396, $900,000

8 are rescinded.

9 GENERAL ACCOUNTING OFFICE

10 SALARIES AND EXPENSES

11 (RESCISSION)

12 Of the amounts made available under this heading

13 in Public Law 103–69, $1,300,000 are rescinded.

14 SUPPLEMENTAL APPROPRIATION

15 That the following sum is appropriated, out of any

16 money in the Treasury not otherwise appropriated, for the

17 Legislative Branch for the fiscal year ending September

18 30, 1994, and for other purposes, namely:

19 HOUSE OF REPRESENTATIVES

20 PAYMENTS TO WIDOWS AND HEIRS OF DECEASED

21 MEMBERS OF CONGRESS

22 For payment to Karen A. Henry, widow of Paul B.

23 Henry, late a Representative from the State of Michigan,

24 $133,600.
167

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1 Subtitle H—Department of

2 Defense—Military

3 MILITARY CONSTRUCTION

4 (RESCISSIONS)

5 Of the funds appropriated under Public Law 103–

6 110, the following funds are hereby rescinded from the

7 following accounts in the specified amounts:

8 Military Construction, Army, $22,319,000;

9 Military Construction, Navy, $13,969,000;

10 Military Construction, Air Force, $24,787,000;

11 Military Construction, Defense-Wide,

12 $13,663,000;

13 Military Construction, Army National Guard,

14 $7,568,000;

15 Military Construction, Air National Guard,

16 $6,187,000;

17 Military Construction, Army Reserve,

18 $2,551,000;

19 Military Construction, Naval Reserve,

20 $626,000;

21 Military Construction, Air Force Reserve,

22 $1,862,000;

23 North Atlantic Treaty Organization Infrastruc24 ture, $70,000,000; and
168

•HR 3400 EH

1 Base Realignment and Closure Account, Part

2 III, $437,692,000:

3 Provided, That, within funds available for ‘‘Base Realign4 ment and Closure Account, Part III’’ for fiscal year 1994,

5 not less than $200,000,000 shall be available solely for

6 environmental restoration.

7 Subtitle I—Department of Trans8 portation and Related Agencies

9 DEPARTMENT OF TRANSPORTATION

10 OFFICE OF THE SECRETARY

11 PAYMENTS TO AIR CARRIERS

12 (AIRPORT AND AIRWAY TRUST FUND)

13 (RESCISSION)

14 The funds provided for ‘‘Small community air serv15 ice’’ under section 419 of the Federal Aviation Act of

16 1958, as amended, in excess of the funds made available

17 for obligation in Public Law 103–122 are rescinded.

18 COAST GUARD

19 OPERATING EXPENSES

20 (RESCISSION)

21 Of the funds provided under this heading in Public

22 Law 102–368, $5,000,000 are rescinded.

23 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

24 (RESCISSION)

25 Of the funds provided under this heading in Public

26 Law 102–368, $2,000,000 are rescinded.
169

•HR 3400 EH

1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 103–122, $750,000 are rescinded.

6 FACILITIES AND EQUIPMENT

7 (AIRPORT AND AIRWAY TRUST FUND)

8 (RESCISSION)

9 Of the available balances (including earmarked

10 funds) under this heading, $29,451,111 are rescinded.

11 GRANTS-IN-AID FOR AIRPORTS

12 (AIRPORT AND AIRWAY TRUST FUND)

13 (RESCISSION)

14 Of the funds provided under the Airport and Airway

15 Improvement Act of 1982, as amended, for grants-in-aid

16 for airport planning and development and noise compat17 ibility planning and programs, $488,200,000 of the

18 amount in excess of the funds made available for obliga19 tion in Public Law 103–122 are rescinded.

20 FEDERAL HIGHWAY ADMINISTRATION

21 (RESCISSION)

22 Of the funds made available for specific highway

23 projects that are not yet under construction, $85,774,222

24 are rescinded: Provided, That no funds shall be rescinded

25 from any emergency relief project funded under section

26 125 of title 23, United States Code: Provided further, That
170

•HR 3400 EH

1 for the purposes of this paragraph, a project shall be

2 deemed to be not under construction unless a construction

3 contract for physical construction has been awarded by the

4 State, municipality, or other contracting authority.

5 NATIONAL HIGHWAY TRAFFIC SAFETY

6 ADMINISTRATION

7 OPERATIONS AND RESEARCH

8 (RESCISSION)

9 Of the amounts provided under this heading in Public

10 Law 102–388, $3,476,000 are rescinded.

11 Of the amounts provided under this heading in Public

12 Law 101–516, $1,075,000 are rescinded.

13 Of the amounts provided under this heading in Public

14 Law 101–164, $2,505,000 are rescinded.

15 FEDERAL TRANSIT ADMINISTRATION

16 DISCRETIONARY GRANTS

17 (HIGHWAY TRUST FUND)

18 (RESCISSION)

19 Any unobligated balances of funds made available for

20 fiscal year 1991 and prior fiscal years under section 3 of

21 the Federal Transit Act, as amended, and allocated to spe22 cific projects for the replacement, rehabilitation, and pur23 chase of buses and related equipment, for construction of

24 bus-related facilities, and for new fixed guideway systems

25 are rescinded: Provided, That no funds provided for the

26 Miami Metromover project shall be rescinded: Provided
171

•HR 3400 EH

1 further, That of the funds provided under this heading in

2 Public Law 103–122, $2,500,000 are rescinded.

3 Subtitle J—Treasury, Postal

4 Service, and General Government

5 GENERAL SERVICES ADMINISTRATION

6 FEDERAL BUILDINGS FUND

7 (RESCISSION)

8 Of the funds made available under this heading in

9 Public Law 103–123, $126,022,000, are rescinded and

10 are not available in fiscal year 1994: Provided, That no

11 individual prospectus-level new construction project may

12 be reduced by more than 5 percent.

13 ADMINISTRATIVE PROVISION

14 SEC. 17101. Section 630 of the Treasury, Postal

15 Service, and General Government Appropriations Act,

16 1993 (Public Law 102–393), and the amendment made

17 by that section, are repealed.
172

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1 Subtitle K—Departments of Veter2 ans Affairs and Housing and

3 Urban Development, and Inde4 pendent Agencies

5 DEPARTMENT OF VETERANS AFFAIRS

6 DEPARTMENTAL ADMINISTRATION

7 CONSTRUCTION, MAJOR PROJECTS

8 (RESCISSION)

9 Of the funds made available under this heading in

10 Public Law 103–124, $26,000,000 are rescinded.

11 DEPARTMENT OF HOUSING AND URBAN

12 DEVELOPMENT

13 HOUSING PROGRAMS

14 HOMEOWNERSHIP AND OPPORTUNITY FOR PEOPLE

15 EVERYWHERE GRANTS (HOPE GRANTS)

16 (RESCISSION)

17 Of the funds made available under this heading in

18 Public Law 102–389 and Public Law 102–139,

19 $66,000,000 are rescinded: Provided, That of the fore20 going amount, $34,000,000 shall be deducted from the

21 amounts earmarked for the HOPE for Public and Indian

22 Housing Homeownership Program and $32,000,000 shall

23 be deducted from the amounts earmarked for the HOPE

24 for Homeownership of Multifamily Units Program.
173

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1 ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

2 (RESCISSION)

3 Of the funds made available under this heading in

4 Public Law 102–389 and prior years, and earmarked for

5 amendments to section 8 contracts other than contracts

6 for projects developed under section 202 of the Housing

7 Act of 1959, $25,000,000 are rescinded.

8 ASSISTANCE FOR THE RENEWAL OF EXPIRING SECTION 8

9 SUBSIDY CONTRACTS

10 (RESCISSION)

11 Of the funds made available under this heading in

12 Public Law 102–389 and prior years, $20,000,000 are

13 rescinded.

14 ADMINISTRATIVE PROVISION

15 Notwithstanding any other provision of law, the City

16 of Slidell, Louisiana, is authorized to submit not later than

17 10 days following the enactment of this Act, and the Sec18 retary of Housing and Urban Development shall consider,

19 the final statement of community development objectives

20 and projected use of funds required by section 104(a)(1)

21 of the Housing and Community Development Act of 1974

22 (42 U.S.C. 5304(a)(1)) in connection with a grant to the

23 City of Slidell under title I of such Act for fiscal year

24 1994.
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1 INDEPENDENT AGENCIES

2 ENVIRONMENTAL PROTECTION AGENCY

3 WATER INFRASTRUCTURE/STATE REVOLVING FUNDS

4 (INCLUDING RESCISSION OF FUNDS)

5 Of the funds made available under this heading in

6 Public Law 103–124, $22,000,000 are rescinded: Pro7 vided, That the $500,000,000 earmarked under this head8 ing in Public Law 103–124 to not become available until

9 May 31, 1994, shall instead not become available until

10 September 30, 1994.

11 FEDERAL EMERGENCY MANAGEMENT AGENCY

12 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

13 (RESCISSION)

14 Of the funds made available under this heading in

15 Public Law 103–124, $2,000,000 are rescinded.

16 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

17 RESEARCH AND DEVELOPMENT

18 (RESCISSION)

19 Of the funds made available under this heading in

20 Public Law 103–124, $25,000,000 are rescinded.

21 CONSTRUCTION OF FACILITIES

22 (RESCISSION)

23 Of the funds made available under this heading in

24 Public Law 103–124, $25,000,000 are rescinded.
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1 NATIONAL SCIENCE FOUNDATION

2 ACADEMIC RESEARCH INFRASTRUCTURE

3 (RESCISSION)

4 Of the funds made available under this heading in

5 Public Law 103–124, $10,000,000 are rescinded.

6 NATIONAL SERVICE INITIATIVE

7 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

8 (RESCISSION)

9 Of the funds made available under this heading in

10 Public Law 103–124, $5,000,000 are rescinded.

11 EXECUTIVE OFFICE OF THE PRESIDENT

12 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

13 The proviso under this heading in Public Law 103–

14 124 is repealed.

Passed the House of Representatives November 22,

1993.

Attest:

Clerk.

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