II

103D CONGRESS

2D SESSION S. 1843

To downsize and improve the performance and accountability of the Federal

Government.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 10 (legislative day, JANUARY 25), 1994

Mr. DOLE (for himself, Mrs. HUTCHISON, Mr. ROTH, Mr. MACK, Mr. SIMPSON, Mr. MURKOWSKI, Mr. PRESSLER, Mr. COATS, Mr. BENNETT, Mr.

CRAIG, Mr. MCCAIN, Mr. NICKLES, Mr. DANFORTH, Mr. FAIRCLOTH,

Mr. BROWN, Mr. SMITH, Mr. HELMS, and Mr. COVERDELL) introduced

the following bill; which was read twice and referred to the Committee

on Governmental Affairs

A BILL

To downsize and improve the performance and accountability

of the Federal 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.

4 This Act may be cited as the ‘‘Government

5 Downsizing, Performance, and Accountability Act of

6 1994’’.

7 SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.

Sec. 2. Table of contents.
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TITLE I—SAVING THE TAXPAYERS MONEY

Subtitle A—Specific Spending Cuts

Sec. 1001. Rescission of funds for legislative branch.

Sec. 1002. Rescission of funds for Executive Office of the President.

Sec. 1003. Provisions relating to annual pay adjustments for Members of Congress.

Sec. 1004. Reduction in administrative expenses.

Sec. 1005. Rescission of funds for Agency for International Development, Department of State, and United States Information Agency.

Sec. 1006. Increase in the Federal construction contract amount requirement

under the Davis-Bacon Act; technical and conforming amendments.

Sec. 1007. Repeal of prohibition on use of Davis-Bacon helpers.

Sec. 1008. Reduction in funding for arts and humanities programs.

Sec. 1009. Federal building moratorium.

Sec. 1010. Rescission of funds for Appalachian Regional Commission.

Sec. 1011. Rescission of funds for Legal Services Corporation.

Sec. 1012. Community development block grant.

Sec. 1013. Rescission of funds from Tennessee Valley Authority Fund.

Sec. 1014. Substitution of voucher assistance for public housing new construction.

Sec. 1015. Rescission of funds for EDA.

Sec. 1016. Enhancement of reemployment programs for Federal employees disabled in the performance of duty.

Sec. 1017. Reduction in funding for International Development Association.

Sec. 1018. Federal-private cogeneration of electricity.

Sec. 1019. Section 235 mortgage refinancing.

Sec. 1020. Reduction in World Bank funding.

Sec. 1021. Reduction in funding for UN peace keeping.

Subtitle B—Reducing the Size of Government

Sec. 1101. Sale of the Alaska Power Administration.

Sec. 1102. Rescission of funds for NOAA research fleet.

Sec. 1103. Closure of VA supply depots.

Sec. 1104. Termination State Justice Institute.

Sec. 1105. Repeal of the National Small Business Tree Planting Program.

Sec. 1106. Contracting for performance of certain non-core functions of the Department of Defense.

Sec. 1107. Improved Federal debt collection.

Subtitle C—Eliminating Government Printing Monopoly

Sec. 1201. Short title.

Sec. 1202. Transfer of functions.

Sec. 1203. Government publications to be available throughout the Government.

Sec. 1204. Inventory and furnishing of Government publications.

Sec. 1205. Additional responsibilities of the Public Printer.

Sec. 1206. Additional responsibilities of the Superintendent of Documents.

Sec. 1207. Depository libraries.

Sec. 1208. Definitions.

TITLE II—STREAMLINING THE FEDERAL BUREAUCRACY

Subtitle A—Department of Agriculture Reorganization
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Sec. 2001. Department of Agriculture reorganization.

Subtitle B—Procurement Streamlining

CHAPTER 1—ACQUISITION OF COMMERCIAL ITEMS

Sec. 2051. Armed services acquisitions.

Sec. 2052. Civilian agency acquisitions.

CHAPTER 2—SIMPLIFIED ACQUISITION THRESHOLD

SUBCHAPTER A—ESTABLISHMENT OF THRESHOLD

Sec. 2061. Simplified acquisition threshold.

SUBCHAPTER B—SIMPLIFICATION OF PROCEDURES

Sec. 2066. Simplified acquisition procedures.

Sec. 2067. Small business reservation.

Sec. 2068. Procurement notice.

SUBCHAPTER C—INAPPLICABILITY OF LAWS TO ACQUISITIONS NOT IN EXCESS

OF SIMPLIFIED ACQUISITION THRESHOLD

Sec. 2071. Armed services acquisitions.

Sec. 2072. Civilian agency acquisitions.

Sec. 2073. Acquisitions generally.

SUBCHAPTER D—CONFORMING AMENDMENTS

Sec. 2076. Armed services acquisitions.

Sec. 2077. Civilian agency acquisitions.

Sec. 2078. Office of Federal Procurement Policy Act amendment.

Sec. 2079. Small Business Act amendments.

SUBCHAPTER E—REVISION OF REGULATIONS

Sec. 2081. Revision required.

Subtitle C—Other Streamlining Reforms

Sec. 2101. Amendment to the Copeland Act to eliminate unnecessary and burdensome reports and to provide for more effective and efficient

verification of compliance with the Davis-Bacon Act.

Sec. 2102. Consolidation of social service programs.

Sec. 2103. Increased flexibility in contracting for medicare claims processing.

Sec. 2104. Federal clearinghouse on death information.

Sec. 2105. Continuing disability reviews.

Sec. 2106. Provision of data bank information to Department of Veterans Affairs.

Sec. 2107. HUD multifamily housing disposition process.

TITLE III—IMPROVING GOVERNMENT PERFORMANCE AND

ACCOUNTABILITY

Sec. 3001. Congressional establishment of program goals.

Sec. 3002. Periodic step increases for employees only for periods of acceptable

level of competence.

Sec. 3003. Use of individual performance ratings in order of retention during

a reduction in force.
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Sec. 3004. Comprehensive Federal accounting standards.

Sec. 3005. Annual financial reports.

Sec. 3006. Deterrence of fraud and abuse in FECA program.

Sec. 3007. Elimination of certain restrictions to reduce Federal personnel.

TITLE IV—IMPROVING THE LEGISLATIVE PROCESS

Sec. 4001. Line-item veto.

Sec. 4002. Sunset of new program authorizations.

Sec. 4003. Scoring of emergencies.

TITLE V—ENFORCEMENT

Sec. 5001. Dedication of savings to deficit reduction.

Sec. 5002. Establishment of a defense firewall.

1 TITLE I—SAVING THE

2 TAXPAYERS MONEY

3 Subtitle A—Specific Spending Cuts

4 SEC. 1001. RESCISSION OF FUNDS FOR LEGISLATIVE

5 BRANCH.

6 (a) IN GENERAL.—Of the funds made available for

7 each account in the Legislative Branch Appropriations

8 Act, 1994 (Pub. L. 103–69), there is rescinded an amount

9 equal to 7.5 percent of those funds provided and remain10 ing available for obligation on the date of enactment of

11 this Act.

12 (b) EXCEPTIONS.—Subsection (a) shall not apply to

13 funds made available under the heading ‘‘Congressional

14 Operations—House’’.

15 SEC. 1002. RESCISSION OF FUNDS FOR EXECUTIVE OFFICE

16 OF THE PRESIDENT.

17 (a) IN GENERAL.—Of the funds made available for

18 each account under the heading ‘‘Executive Office of the

19 President and Funds Appropriated to the President’’ in
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1 the Treasury, Postal Service, and General Government

2 Appropriations Act, 1994 (Pub. L. 103–123), there is re3 scinded an amount equal to 7.5 percent of those funds

4 provided and remaining available for obligation on the

5 date of enactment of this Act.

6 (b) ADDITIONAL OFFICES.—Of the funds made avail7 able for each account under the heading ‘‘Executive Office

8 of the President’’ in the Departments of Veterans Affairs

9 and Housing and Urban Development, and Independent

10 Agencies Appropriations Act, 1994 (Pub. L. 103–124),

11 there is rescinded an amount equal to 7.5 percent of those

12 funds provided and remaining available for obligation on

13 the date of enactment of this Act.

14 SEC. 1003. PROVISIONS RELATING TO ANNUAL PAY AD15 JUSTMENTS FOR MEMBERS OF CONGRESS.

16 Effective as of December 31, 1994, paragraph (2) of

17 section 601(a) of the Legislative Reorganization Act of

18 1946 is amended—

19 (1) by striking ‘‘(2) Effective’’ and inserting

20 ‘‘(2)(A) Subject to subparagraph (B), effective’’; and

21 (2) by adding at the end the following:

22 ‘‘(B) In no event shall the percentage adjustment tak23 ing effect under subparagraph (A) in any calendar year

24 exceed the percentage adjustment taking effect in such
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1 calendar year under section 5303 of title 5, United States

2 Code, in the rates of pay under the General Schedule.’’.

3 SEC. 1004. REDUCTION IN ADMINISTRATIVE EXPENSES.

4 (a) RESCISSION.—

5 (1) IN GENERAL.—Of the amounts appro6 priated in Public Laws 103–110, 103–111, 103–

7 121, 103–127, 103–126, 103–187, 103–138, 103–

8 112, 103–69, 103–122, 103–123, 103–124, and

9 103–139 for expenses, the amount referred to in

10 paragraph (2) is rescinded. The Director of the Of11 fice of Management and Budget shall establish

12 obligational limits for each agency and department

13 to carry out this subsection.

14 (2) AMOUNT OF RESCISSION.—The amount re15 ferred to in paragraph (1) is the amount of budget

16 authority necessary to achieve a reduction in budget

17 outlays of $3,000,000,000 for fiscal year 1994 dur18 ing the period beginning on the date of enactment

19 of this Act and ending September 30, 1994. The Di20 rector of the Office of Management and Budget

21 shall determine the amount.

22 (b) BUDGET OBLIGATIONS.—

23 (1) FISCAL YEAR 1995.—The amount obligated

24 by all departments and agencies for expenses during

25 fiscal year 1995 shall not exceed an amount that re-
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1 sults in budget outlays that the Director of the Of2 fice of Management and Budget estimates equals the

3 amount of budget outlays for all departments and

4 agencies for expenses during fiscal year 1994 (with5 out regard to this section), less $6,000,000,000. The

6 Director of the Office of Management and Budget

7 shall establish obligational limits for each agency

8 and department to carry out this paragraph.

9 (2) FISCAL YEAR 1996.—The amount obligated

10 by all departments and agencies for expenses during

11 fiscal year 1996 shall not exceed an amount that re12 sults in budget outlays that the Director of the Of13 fice of Management and Budget estimates equals the

14 amount of budget outlays for all departments and

15 agencies for expenses during fiscal year 1994 (with16 out regard to this section), less $6,000,000,000. The

17 Director of the Office of Management and Budget

18 shall establish obligational limits for each agency

19 and department to carry out this paragraph.

20 (c) DEFINITION.—

21 (1) IN GENERAL.—For purposes of this section,

22 the term ‘‘expenses’’ means the object classes identi23 fied by the Office of Management and Budget in Ob24 ject Classes 21–26 as follows:
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1 (A) 21.0: Travel and Transportation of

2 Persons.

3 (B) 22.0: Transportation of Things.

4 (C) 23.2: Rental Payments to Others.

5 (D) 23.3: Communications, Utilities, and

6 Misc.

7 (E) 24.0: Printing and Reproduction.

8 (F) 25.1: Consulting Services.

9 (G) 25.2: Other Services.

10 (H) 26.0: Supplies and Materials.

11 (2) EXCEPTIONS.—The term ‘‘expenses’’ shall

12 not include the following:

13 (A) The expenses of the Department of

14 Defense.

15 (B) Object Class 25.2 ‘‘Other Services’’ ex16 penses of the Atomic Energy Defense Environ17 mental Restoration program that are appro18 priated under the heading Department of En19 ergy, Defense Environmental Restoration and

20 Waste Management, Public Law 103–126.

21 (C) Object Class 25.2 ‘‘Other Services’’ ex22 penses of the Superfund that are appropriated

23 under the heading Environmental Protection

24 Agency, Hazardous Substance Superfund, Pub25 lic Law 103–124.
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1 (D) Object Class 25.2 ‘‘Other Services’’ ex2 penses of the Atomic Energy Defense Weapons

3 Activities program that are appropriated under

4 the heading Department of Energy, Atomic En5 ergy Defense Activities, Weapons Activities,

6 Public Law 103–126.

7 (E) Object Class 25.2 ‘‘Other Services’’ ex8 penses of the National Aeronautic and Space

9 Administration that are appropriated under the

10 heading Independent Agencies, National Aero11 nautics and Space Administration, Public Law

12 103–124.

13 (F) Object Class 21.0 ‘‘Travel and Trans14 portation of Persons’’ expenses of the Drug En15 forcement Agency that are appropriated under

16 the heading Department of Justice and Related

17 Agencies, Drug Enforcement Administration,

18 Salaries and Expenses, Public law 103–121.

19 (G) Object Class 21.0 ‘‘Travel and Trans20 portation of Persons’’ and Object Class 26.0

21 ‘‘Supplies and Materials’’ expenses of the Veter22 ans Health Administration that are appro23 priated under the heading Department of Vet24 erans Affairs, Veterans Health Administration,

25 Medical Care, Public Law 103–124.
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1 SEC. 1005. RESCISSION OF FUNDS FOR AGENCY FOR INTER2 NATIONAL DEVELOPMENT, DEPARTMENT OF

3 STATE, AND UNITED STATES INFORMATION

4 AGENCY.

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

6 heading ‘‘Agency for International Development—Devel7 opment Assistance Fund’’ in appropriations Acts for fiscal

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

9 of sections 103 through 106 of the Foreign Assistance Act

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

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

12 available under the heading ‘‘Department of State—Ad13 ministration of Foreign Affairs—Diplomatic and Consular

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

15 State, the Judiciary, and Related Agencies Appropriations

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

17 (c) USIA.—

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

19 made available under the heading ‘‘United States In20 formation Agency—Salaries and Expenses’’ in the

21 Departments of Commerce, Justice, and State, the

22 Judiciary, and Related Agencies Appropriations Act,

23 1994 (Pub. L. 103–121), $3,000,000 is rescinded.

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

25 made available under the heading ‘‘United States In26 formation Agency—North/South Center’’ in the De-
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1 partments of Commerce, Justice, and State, the Ju2 diciary, and Related Agencies Appropriations Act,

3 1994 (Pub. L. 103–121), $8,700,000 is rescinded.

4 SEC. 1006. INCREASE IN THE FEDERAL CONSTRUCTION

5 CONTRACT AMOUNT REQUIREMENT UNDER

6 THE DAVIS-BACON ACT; TECHNICAL AND

7 CONFORMING AMENDMENTS.

8 (a) INCREASE IN THRESHOLD AMOUNT.—Section

9 1(a) of the Act of March 3, 1931 (commonly known as

10 the ‘‘Davis-Bacon Act’’) (40 U.S.C. 276a), is amended by

11 striking ‘‘for every contract’’ and all that follows through

12 ‘‘the geographical limits of the States of the Union or the

13 District of Columbia,’’ and inserting the following: ‘‘for

14 every contract—

15 ‘‘(1) in excess of $100,000, to which the United

16 States or the District of Columbia is a party, for

17 construction, alteration, or repair, including painting

18 and decorating, of public buildings or public works

19 of the United States or the District of Columbia

20 within the geographical limits of the 48 contiguous

21 States of the United States, or the District of Co22 lumbia; or

23 ‘‘(2) in excess of $2,000, to which the United

24 States or the District of Columbia is a party, for

25 construction, alteration, or repair, including painting
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1 and decorating, of public buildings or public works

2 of the United States or the District of Columbia

3 within the geographical limits of a State of the Unit4 ed States that is not contiguous to any other State

5 of the United States,’’.

6 (b) PROHIBITION OF CONTRACT-SPLITTING.—Sec7 tion 1 of the Act of March 3, 1931 (40 U.S.C. 276a),

8 is further amended by adding at the end the following new

9 subsections:

10 ‘‘(c) Except as provided in subsection (f), any person

11 entering into a contract under which wages are to be de12 termined in accordance with this Act shall not divide any

13 project to which such contract applies, into two or more

14 contracts of $100,000 or less if the project would not have

15 been so divided but for the purpose of avoiding application

16 of this Act.

17 ‘‘(d) If the Secretary of Labor determines that a divi18 sion of contracts in violation of subsection (c) has oc19 curred, the Secretary may—

20 ‘‘(1) require that the contracts, grants, or other

21 instruments providing Federal financing or assist22 ance be amended so as to incorporate retroactively

23 all the provisions that would have been required

24 under this Act or other applicable prevailing wage

25 statute; and
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1 ‘‘(2) require the contracting or assisting agency,

2 the recipient of Federal financing or assistance, or

3 any other entity that awarded the contract or instru4 ment providing Federal financing or assistance in

5 violation of this section, to compensate the contrac6 tor, the grantee, or other recipient of Federal assist7 ance, as appropriate, for payment to each affected

8 laborer and mechanic, of an amount equal to the dif9 ference between the rate received and the applicable

10 prevailing wage rate, with interest on wages due at

11 the rate specified in section 6621(c) of the Internal

12 Revenue Code of 1986, from the date the work was

13 performed by such laborers and mechanics.

14 ‘‘(e) The Secretary shall make a determination that

15 a violation of subsection (c) has occurred only where the

16 Secretary has notified the agency or entity in question not

17 later than 180 days after completion of construction on

18 the project that an investigation will be conducted con19 cerning an alleged violation of this subsection.

20 ‘‘(f) The provision of subsection (c) shall not apply

21 to a contract described in paragraph (2) of subsection

22 (a).’’.

23 (c) TECHNICAL AMENDMENT APPLYING REFORM TO

24 RELATED ACTS.—The Act of March 3, 1931 (40 U.S.C.
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1 276a–276a–5) is further amended by adding at the end

2 the following new section:

3 ‘‘SEC. 8. (a) Except as provided in subsection (b),

4 no provision of any law requiring the payment of prevail5 ing wage rates as determined by the Secretary in accord6 ance with this Act shall apply to contracts for construc7 tion, alteration, or repair valued at $100,000 or less, or

8 in the case of rent supplement assistance or other assist9 ance for which the instrument of Federal financing or as10 sistance does not have an aggregate dollar amount, where

11 the assisted project is in the amount of $100,000 or less.

12 ‘‘(b) The provision of subsection (a) shall not apply

13 to a contract described in section 1(a)(2).’’.

14 (d) CONFORMING AMENDMENT TO THE COPELAND

15 ACT.—The Act of June 13, 1934, (commonly known as

16 the Copeland Act) (40 U.S.C. 276c), is amended by add17 ing at the end thereof the following: ‘‘Except for a con18 tract described in section 1(a)(2) of the Act of March 3,

19 1931 (40 U.S.C. 276a(a)(2)), this section shall not apply

20 to any contract or project that is exempted by its size from

21 the application of such Act.’’.

22 SEC. 1007. REPEAL OF PROHIBITION ON USE OF DAVIS23 BACON HELPERS.

24 Section 103 of Public Law 103–112 shall not apply

25 to the implementation or administration of the final or
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1 proposed regulations referred to in the first sentence of

2 section 303 of Public Law 102–27 with respect to the uti3 lization of categories of helpers on Federal construction

4 projects subject to the Act of March 31, 1931 (commonly

5 known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.),

6 or any other regulation that would have the same or simi7 lar effect of such final or proposed regulations.

8 SEC. 1008. REDUCTION IN FUNDING FOR ARTS AND HUMAN9 ITIES PROGRAMS.

10 (a) NATIONAL ENDOWMENT FOR THE ARTS.—Sec11 tion 11(d)(1) of the National Foundation on the Arts and

12 the Humanities Act of 1965 (20 U.S.C. 960(d)(1)) is

13 amended by striking subparagraphs (A), (B), and (C), and

14 inserting the following:

15 ‘‘(A) for fiscal year 1994, $166,823,000,

16 ‘‘(B) for fiscal year 1995, $163,487,000 or an

17 amount equal to 98 percent of the total amount ap18 propriated for fiscal year 1994 to carry out the ac19 tivities of the Endowment, whichever is less,

20 ‘‘(C) for fiscal year 1996, $160,217,000 or an

21 amount equal to 98 percent of the total amount ap22 propriated for fiscal year 1995 to carry out the ac23 tivities of the Endowment, whichever is less,

24 ‘‘(D) for fiscal year 1997, $157,012,000 or an

25 amount equal to 98 percent of the total amount ap-
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1 propriated for fiscal year 1996 to carry out the ac2 tivities of the Endowment, whichever is less,

3 ‘‘(E) for fiscal year 1998, $153,872,000 or an

4 amount equal to 98 percent of the total amount ap5 propriated for fiscal year 1997 to carry out the ac6 tivities of the Endowment, whichever is less, and

7 ‘‘(F) for fiscal year 1999, not more than the

8 amount equal to the total amount appropriated for

9 fiscal year 1999 to carry out the activities of the En10 dowment.’’.

11 (b) NATIONAL ENDOWMENT FOR THE HUMAN12 ITIES.—Section 11(d)(2) of the National Foundation on

13 the Arts and the Humanities Act of 1965 (20 U.S.C.

14 960(d)(2)) is amended by striking subparagraphs (A),

15 (B), and (C), and inserting the following:

16 ‘‘(A) for fiscal year 1994, $173,941,000,

17 ‘‘(B) for fiscal year 1995, $170,462,000 or an

18 amount equal to 98 percent of the total amount ap19 propriated for fiscal year 1994 to carry out the ac20 tivities of the Endowment, whichever is less,

21 ‘‘(C) for fiscal year 1996, $167,053,000 or an

22 amount equal to 98 percent of the total amount ap23 propriated for fiscal year 1995 to carry out the ac24 tivities of the Endowment, whichever is less,
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1 ‘‘(D) for fiscal year 1997, $163,712,000 or an

2 amount equal to 98 percent of the total amount ap3 propriated for fiscal year 1996 to carry out the ac4 tivities of the Endowment, whichever is less,

5 ‘‘(E) for fiscal year 1998, $160,438,000 or an

6 amount equal to 98 percent of the total amount ap7 propriated for fiscal year 1997 to carry out the ac8 tivities of the Endowment, whichever is less, and

9 ‘‘(F) for fiscal year 1999, not more than the

10 amount equal to the total amount appropriated for

11 fiscal year 1998 to carry out the activities of the En12 dowment.’’.

13 (c) SMITHSONIAN INSTITUTION.—Notwithstanding

14 any other law, the funds appropriated for the Smithsonian

15 Institution for fiscal year 1995, 1996, 1997, or 1998 may

16 not be obligated in an amount that exceeds 98 percent

17 of the funds appropriated for such purpose for the preced18 ing fiscal year, and the funds appropriated for the Smith19 sonian Institution for fiscal year 1999 may not be obli20 gated in an amount that exceed the funds appropriated

21 for such purpose in fiscal year 1998.

22 (d) NATIONAL GALLERY OF ART.—Notwithstanding

23 any other law, the funds appropriated for the National

24 Gallery of Art for fiscal year 1995, 1996, 1997, or 1998

25 may not be obligated in an amount that exceeds 98 per-
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1 cent of the funds appropriated for such purpose for the

2 preceding fiscal year, and the funds appropriated for the

3 National Gallery of Art for fiscal year 1999 may not be

4 obligated in an amount that exceed the funds appropriated

5 for such purpose in fiscal year 1998.

6 (e) CORPORATION FOR PUBLIC BROADCASTING.—

7 Notwithstanding any other law, the funds appropriated for

8 the Corporation for Public Broadcasting for fiscal year

9 1995, 1996, 1997, or 1998 may not be obligated in an

10 amount that exceeds 98 percent of the funds appropriated

11 for such purpose for the preceding fiscal year, and the

12 funds appropriated for the Corporation for Public Broad13 casting for fiscal year 1999 may not be obligated in an

14 amount that exceed the funds appropriated for such pur15 pose in fiscal year 1998.

16 SEC. 1009. FEDERAL BUILDING MORATORIUM.

17 (a) DEFINITION OF FEDERAL AGENCY.—As used in

18 this section, the term ‘‘Federal agency’’ includes—

19 (1) any executive agency (as defined in section

20 105 of title 5, United States Code);

21 (2) any executive department (as described in

22 section 101 of such title);

23 (3) any Government corporation (as defined in

24 section 103 of such title);

25 (4) the Executive Office of the President;
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1 (5) any independent establishment (as defined

2 in section 104 of such title);

3 (6) any court of the United States;

4 (7) any military department of the United

5 States;

6 (8) the Senate and the House of Representa7 tives; and

8 (9) any other division of the Federal Govern9 ment.

10 (b) MORATORIUM.—

11 (1) IN GENERAL.—Subject to the other provi12 sions of this subsection, during the 1-year period be13 ginning on the date of enactment of this Act—

14 (A) no Federal agency shall enter into a

15 contract for the construction of a new building

16 or the lease of a building or part of a building;

17 and

18 (B) no funds shall be appropriated for a

19 contract for the construction of a new building

20 or the lease of a building or a part of a building

21 by a Federal agency.

22 (2) PENDING PROJECTS.—The limitation im23 posed in paragraph (1) shall not apply to—

24 (A) a contract for the construction or lease

25 of a building entered into before the date of en-
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1 actment of this Act without regard to whether

2 the construction or lease term has commenced;

3 (B) a lease that, by the terms of the

4 lease—

5 (i) is scheduled to expire not later

6 than 1 year after the date of enactment of

7 this Act; and

8 (ii) has an option for renewal on expi9 ration;

10 (C) a contract for the construction of an

11 addition to a Federal building in existence on

12 the date of enactment of this Act; or

13 (D) a contract for the rehabilitation of a

14 Federal building in existence on the date of en15 actment of this Act.

16 (3) WAIVER.—The President may waive the re17 quirements of this subsection if the President deter18 mines that the construction or lease of a building by

19 a Federal agency is necessary—

20 (A) to ensure national security;

21 (B) to promote an essential national prior22 ity; or

23 (C) to respond to a national emergency.

24 (4) EXCEPTION.—
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1 (A) IN GENERAL.—This subsection shall

2 not apply to the construction of a building pri3 marily used for education.

4 (B) LIMITATION.—This paragraph shall

5 not apply to a building used primarily for ad6 ministrative or other nonteaching-related as7 pects of education.

8 (c) RESCISSION.—Of the obligational authority for

9 new construction and acquisition in the ‘‘Federal Build10 ings Fund’’ made available in the Treasury, Postal Serv11 ice, General Government Appropriations Act, 1994 (Public

12 Law 103–123), $150,000,000 is rescinded.

13 SEC. 1010. RESCISSION OF FUNDS FOR APPALACHIAN RE14 GIONAL COMMISSION.

15 Of the funds made available under the heading ‘‘Ap16 palachian Regional Commission’’ in the Energy and Water

17 Development Appropriations Act, 1994 (Pub. L. 103–

18 126), $59,000,000 is rescinded.

19 SEC. 1011. RESCISSION OF FUNDS FOR LEGAL SERVICES

20 CORPORATION.

21 Of the funds made available under the heading

22 ‘‘Legal Services Corporation—Payment to the Legal Serv23 ices Corporation’’ in the Departments of Commerce, Jus24 tice, and State, the Judiciary, and Related Agencies Ap25 propriations Act, 1994 (Pub. L. 103–121), there is re-
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1 scinded an amount equal to 25 percent of those funds pro2 vided and remaining available for obligation on the date

3 of enactment of this Act.

4 SEC. 1012. COMMUNITY DEVELOPMENT BLOCK GRANT.

5 (a) RESCISSION.—Of the amounts appropriated in

6 title II of the Departments of Veterans Affairs and Hous7 ing and Urban Development, and Independent Agencies

8 Appropriations Act, 1994 under the heading ‘‘COMMUNITY

9 PLANNING AND DEVELOPMENT’’, $180,000,000 are here10 by rescinded.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

12 103 of the Housing and Community Development Act of

13 1974 (42 U.S.C. 5303) is amended in the second sentence

14 by striking ‘‘$4,000,000,000’’ and all that follows before

15 the period and inserting the following: ‘‘not to exceed

16 $4,220,000,000 for each of fiscal years 1995 through

17 1998’’.

18 SEC. 1013. RESCISSION OF FUNDS FROM TENNESSEE VAL19 LEY AUTHORITY FUND.

20 Of the funds in the Area and Regional Account of

21 the Tennessee Valley Authority Fund, $23,000,000 is re22 scinded.
23

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1 SEC. 1014. SUBSTITUTION OF VOUCHER ASSISTANCE FOR

2 PUBLIC HOUSING NEW CONSTRUCTION.

3 (a) TERMINATION OF ASSISTANCE FOR CONSTRUC4 TION OF PUBLIC HOUSING.—

5 (1) LOAN AUTHORITY.—After the date of the

6 enactment of this Act, the Secretary of Housing and

7 Urban Development may not enter into any new

8 commitment to make loans under section 4 of the

9 United States Housing Act of 1937 to public hous10 ing agencies for the development or acquisition of

11 public housing projects by such agencies.

12 (2) CONTRIBUTION AUTHORITY.—After the

13 date of the enactment of this Act, the Secretary of

14 Housing and Urban Development may not enter into

15 any new contract to make contributions under sec16 tion 5 of the United States Housing Act of 1937 to

17 public housing agencies for the development or ac18 quisition of public housing projects by such agencies.

19 (3) EXISTING COMMITMENTS.—After the date

20 of the enactment of this Act, the Secretary of Hous21 ing and Urban Development may make contributions

22 and loans for the development or acquisition of pub23 lic housing projects only pursuant to administrative

24 reservations to make such loans or contracts for

25 such contributions entered into on or before the date

26 of the enactment of this Act.
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1 (4) INAPPLICABILITY TO INDIAN HOUSING.—

2 The provisions of this section shall not apply to pub3 lic housing developed pursuant to a contract between

4 the Secretary of Housing and Urban Development

5 and an Indian housing authority.

6 (5) DEFINITIONS.—For purposes of this sec7 tion, the terms ‘‘Indian housing authority’’,

8 ‘‘project’’, ‘‘public housing’’, and ‘‘public housing

9 agency’’ have the meanings given the terms in sec10 tion 3(b) of the United States Housing Act of 1937.

11 (b) PERMISSIBLE USES.—Vouchers for rental assist12 ance provided with the amounts made available under this

13 section may be used for the rental of dwelling units or

14 costs of residency, as determined by qualified voucher re15 cipients.

16 (c) RESCISSION AND TRANSFER OF FUNDS.—Of the

17 funds made available under the heading ‘‘Department of

18 Housing and Urban Development—Housing Programs—

19 Annual Contributions for Assisted Housing’’ in the De20 partments of Veterans Affairs and Housing and Urban

21 Development, and Independent Agencies Appropriations

22 Act, 1994 (Pub. L. 103–124)—

23 (1) $367,000,000 is rescinded from the total

24 amount under such heading and from the amount
25

•S 1843 IS

1 specified under such heading for the development or

2 acquisition cost of public housing; and

3 (2) $230,701,000 of the amount specified under

4 such heading for the development or acquisition cost

5 of public housing shall be reallocated to and merged

6 with the amount specified under such heading for

7 the housing voucher program under section 8(o) of

8 the United States Housing Act of 1937.

9 SEC. 1015. RESCISSION OF FUNDS FOR EDA.

10 Of the funds made available under the heading ‘‘Eco11 nomic Development Administration—Economic Develop12 ment Assistance Programs’’ in the Departments of Com13 merce, Justice, and State, the Judiciary, and Related

14 Agencies Appropriations Act, 1994 (Pub. L. 103–121),

15 $40,000,000 is rescinded.

16 SEC. 1016. ENHANCEMENT OF REEMPLOYMENT PROGRAMS

17 FOR FEDERAL EMPLOYEES DISABLED IN THE

18 PERFORMANCE OF DUTY.

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

20 amended—

21 (1) by striking the comma after ‘‘employment’’

22 and by striking ‘‘other than employment undertaken

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

24 and

25 (2) by adding the following new subsection (c):
26

•S 1843 IS

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

2 rehabilitation effort, may assist permanently disabled indi3 viduals in seeking and/or obtaining employment. The Sec4 retary may reimburse an employer (including a Federal

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

6 and who agrees to employ a disabled beneficiary, for por7 tions of the salary paid by such employer to the reem8 ployed, disabled beneficiary. Any such sums shall be paid

9 from the Employees’ Compensation Fund.’’.

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

11 the Federal Employees’ Compensation Act Periodic Roll

12 Management Project to all offices of the Office of Work13 ers’ Compensation Program of the Department of Labor.

14 (c) The provisions of, and amendments made by, sub15 sections (a) and (b) of this section shall be effective on

16 the date of enactment.

17 SEC. 1017. REDUCTION IN FUNDING FOR INTERNATIONAL

18 DEVELOPMENT ASSOCIATION.

19 (a) IN GENERAL.—Section 526 of the Foreign Oper20 ations, Export Financing, and Related Programs Appro21 priations Act, 1994 (Pub. L. 103–87) is amended by in22 serting before the period at the end ‘‘, of which not more

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

24 and not more than $957,142,857 shall be available for fis25 cal year 1995’’.
27

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

2 available under the heading ‘‘Contribution to the Inter3 national Development Association’’ in the Foreign Oper4 ations, Export Financing, and Related Programs Appro5 priations Act, 1994 (Pub. L. 103–87), $67,189,143 is re6 scinded.

7 SEC. 1018. FEDERAL-PRIVATE COGENERATION OF ELEC8 TRICITY.

9 Section 804(2)(B) of the National Energy Conserva10 tion Policy Act (42 U.S.C. 8287c(2)(B)) is amended by

11 striking ‘‘, excluding any cogeneration process for other

12 than a federally owned building or buildings or other fed13 erally owned facilities.’’.

14 SEC. 1019. SECTION 235 MORTGAGE REFINANCING.

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

16 amended—

17 (1) in paragraph (2)(C), by inserting after ‘‘re18 financed’’ the following: ‘‘, plus the costs incurred in

19 connection with the refinancing as described in para20 graph (4)(B) to the extent that the amount for those

21 costs is not otherwise included in the interest rate

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

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

24 (2) in paragraph (4)—
28

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1 (A) in the matter preceding subparagraph

2 (A), by inserting after ‘‘otherwise)’’ the follow3 ing: ‘‘and the mortgagee (with respect to the

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

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

6 ‘‘mortgagor’’ the following: ‘‘and the mortga7 gee’’; and

8 (3) by amending paragraph (5) to read as fol9 lows:

10 ‘‘(5) The Secretary shall use amounts of budget au11 thority recaptured from assistance payments contracts re12 lating to mortgages that are being refinanced for assist13 ance payments contracts with respect to mortgages in14 sured under this subsection. The Secretary may also make

15 such recaptured amounts available for incentives under

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

17 with the refinancing under paragraph (4)(B). For pur18 poses of subsection (c)(3)(A), the amount of recaptured

19 budget authority that the Secretary commits for assist20 ance payments contracts relating to mortgages insured

21 under this subsection and for amounts paid under para22 graph (4) shall not be construed as unused.’’.

23 SEC. 1020. REDUCTION IN WORLD BANK FUNDING.

24 Of the funds made available under the heading ‘‘Con25 tribution to the International Bank for Reconstruction
29

•S 1843 IS

1 and Development’’ in the Foreign Operations, Export Fi2 nancing, and Related Programs Appropriations Act, 1994

3 (Pub. L. 103–87)—

4 (1) $27,910,500 provided for paid–in capital is

5 rescinded; and

6 (2) $902,439,500 provided for callable capital

7 is rescinded.

8 SEC. 1021. REDUCTION IN FUNDING FOR UN PEACE KEEP9 ING.

10 Of the funds made available for necessary expenses

11 to carry out the provisions of section 551 of the Foreign

12 Assistance Act of 1961 in the Foreign Operations, Export

13 Financing, and Related Programs Appropriations Act,

14 1994 (Pub. L. 103–87), $13,123,000 is rescinded.

15 Subtitle B—Reducing the Size of

16 Government

17 SEC. 1101. SALE OF THE ALASKA POWER ADMINISTRATION.

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

19 ‘‘Alaska Power Administration Sale Authorization Act’’.

20 (b) SNETTISHAM.—

21 (1) AUTHORITY TO SELL.—The Secretary of

22 Energy may sell the Snettisham Hydroelectric

23 Project (referred to in this section as ‘‘Snettisham’’)

24 to the State of Alaska (referred to in this section as

25 the ‘‘Authority’’), in accordance with the terms of
30

•S 1843 IS

1 this section and the February 10, 1989, Snettisham

2 Purchase Agreement between the Alaska Power Ad3 ministration of the United States Department of

4 Energy and the Alaska Power Authority.

5 (2) AUTHORITY TO SELL TO MUNICIPALITY OF

6 ANCHORAGE.—The Secretary of Energy may sell the

7 Eklutna Hydroelectric Project (referred to in this

8 section as ‘‘Eklutna’’) to the municipality of Anchor9 age doing business as Municipal Light and Power,

10 the Chugach Electric Association, Inc., and the

11 Matanuska Electric Association, Inc. (referred to in

12 this section as ‘‘Eklutna Purchasers’’) in accordance

13 with the August 2, 1989, Eklutna Purchase Agree14 ment between the United States Department of En15 ergy and the Eklutna Purchasers.

16 (3) ASSISTANCE.—The heads of other affected

17 Federal departments and agencies, including the

18 Secretary of the Interior, shall assist the Secretary

19 of Energy in implementing the sales authorized by

20 this section.

21 (4) DISPOSITION OF PROCEEDS.—The Sec22 retary of Energy shall deposit sale proceeds in the

23 Treasury of the United States to the credit of mis24 cellaneous receipts.
31

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1 (5) AUTHORITY TO MAKE EXPENDITURES.—

2 There are authorized to be expended such sums as

3 are necessary to prepare or acquire Eklutna and

4 Snettisham assets for sale and conveyance, such

5 preparations to provide sufficient section to ensure

6 the beneficial use, enjoyment, and occupancy to the

7 purchasers of the assets to be sold.

8 (c) EXEMPTION FROM FEDERAL POWER ACT RE9 QUIREMENTS.—

10 (1) EXEMPTIONS.—After the sales authorized

11 by this section take place, Eklutna and Snettisham,

12 including future modifications, shall continue to be

13 exempt from the requirements of the Federal Power

14 Act (16 U.S.C. 791a), including its requirements

15 with respect to applications, permits, licenses, and

16 fees, unless a future modification of Eklutna or

17 Snettisham affects Federal lands not used for the 2

18 projects when this section takes effect. The fore19 going exemptions are subject to the Memorandum of

20 Agreement entered into between the State of Alaska,

21 the Eklutna Purchasers, the Authority, and Federal

22 fish and wildlife agencies regarding the protection,

23 mitigation of, damages to, and enhancement of fish

24 and wildlife, dated August 7, 1991, remaining in full

25 force and effect. Nothing in this section or the Fed-
32

•S 1843 IS

1 eral Power Act preempts the State of Alaska from

2 carrying out the responsibilities and authorities of

3 the Memorandum of Agreement.

4 (2) JURISDICTION.—The District Court of the

5 United States for the District of Alaska has jurisdic6 tion to review decisions made under the Memoran7 dum of Agreement and enforce the provisions of the

8 Memorandum of Agreement, including the remedy of

9 specific performance. An action seeking review of a

10 fish and wildlife program of the Governor of Alaska

11 under the Memorandum of Agreement or challenging

12 actions of any of the parties to the Memorandum of

13 Agreement prior to the adoption of the program

14 shall be brought within 90 days of the time the pro15 gram is adopted by the Governor of Alaska, or be

16 barred. An action seeking review of implementation

17 of the program shall be brought within 90 days of

18 the challenged act implementing the program, or be

19 barred.

20 (3) RIGHTS-OF-WAY.—With respect to Eklutna

21 lands described in Exhibit A of the Eklutna Pur22 chase Agreement:

23 (A) The Secretary of the Interior shall

24 issue rights-of-way to the Alaska Power Admin-
33

•S 1843 IS

1 istration for subsequent reassignment to the

2 Eklutna Purchasers—

3 (i) at no cost to the Eklutna Pur4 chasers;

5 (ii) to remain effective for a period

6 equal to the life of Eklutna as extended by

7 improvements, repairs, renewals, or re8 placements; and

9 (iii) sufficient for operation, mainte10 nance, repair, and replacement of, and ac11 cess to, Eklutna facilities located on mili12 tary lands and lands managed by the Bu13 reau of Land Management, including land

14 selected by the State of Alaska.

15 (B) If the Eklutna Purchasers subse16 quently sell or transfer Eklutna to private own17 ership, the Bureau of Land Management may

18 assess reasonable and customary fees for con19 tinued use of the rights-of-way on lands man20 aged by the Bureau of Land Management and

21 military lands in accordance with current law.

22 (C) Fee section to lands at Anchorage

23 Substation shall be transferred to Eklutna Pur24 chasers at no additional cost if the Secretary of

25 the Interior determines that pending claims to
34

•S 1843 IS

1 and selections of those lands are invalid or re2 linquished.

3 (D) With respect only to approximately

4 853 acres of Eklutna lands identified in para5 graphs 1.a., b., and c. of Exhibit A of the

6 Eklutna Purchase Agreement, the State of

7 Alaska may select and the Secretary of the In8 terior shall convey to the State improved lands

9 under the selection entitlements in section 6(a)

10 of the Act of July 7, 1958 (Pub. L. 85–508)

11 and the North Anchorage Land Agreement of

12 January 31, 1983. This conveyance is subject

13 to the rights-of-way provided to the Eklutna

14 Purchasers under paragraph (1).

15 (4) AUTHORITY TO SELECT LANDS.—With re16 spect to the approximately 2,671 acres of

17 Snettisham lands identified in paragraphs 1.a., and

18 b. of Exhibit A of the Snettisham Purchase Agree19 ment, the State of Alaska may select and the Sec20 retary of the Interior shall convey to the State im21 proved lands under the selection entitlements in sec22 tion 6(a) of the Act of July 7, 1958 (Pub. L. 85–

23 508).

24 (5) PROHIBITIONS.—Federal lands conveyed to

25 the State of Alaska as part of, or in support of, the
35

•S 1843 IS

1 Snettisham transfer are specifically prohibited from

2 being included in the Alaska Mental Health Ena3 bling Act (70 Stat. 709) or any reconstitution there4 of, under the Alaska Mental Health Trust Lands

5 Settlement Act (Secs. 54–58, Ch. 66, Alaska Session

6 Laws 1991), or any other law.

7 (6) INTERNAL REVENUE CODE OF 1986.—For

8 purposes of section 147(d) of the Internal Revenue

9 Code of 1986, ‘‘1st use’’ of Snettisham shall be con10 sidered to occur pursuant to acquisition of the prop11 erty by or on behalf of the State of Alaska.

12 (7) CLOSING OF ALASKA POWER ADMINISTRA13 TION.—No later than 1 year after both of the sales

14 authorized in subsection (b) have occurred, as meas15 ured by the transaction dates, stipulated in the pur16 chase agreements, the Secretary of Energy shall—

17 (A) complete the business of, and close

18 out, the Alaska Power Administration;

19 (B) prepare and submit to Congress a re20 port documenting the sales; and

21 (C) return unused balances of funds appro22 priated for the Alaska Power Administration to

23 the Treasury of the United States.

24 (8) REPEAL OF ACT OF JULY 31, 1950.—The

25 Act of July 31, 1950 (64 Stat. 382) is repealed ef-
36

•S 1843 IS

1 fective on the date, as determined by the Secretary

2 of Energy, when all Eklutna assets have been con3 veyed to the Eklutna Purchasers.

4 (9) REPEAL OF SECTION 204 OF THE FLOOD

5 CONTROL ACT OF 1962.—Section 204 of the Flood

6 Control Act of 1962 (76 Stat. 1193) is repealed ef7 fective on the date, as determined by the Secretary

8 of Energy, when all Snettisham assets have been

9 conveyed to the Authority.

10 (10) EFFECTIVE DATE OF AMENDMENTS.—As

11 of the later of the 2 dates determined in subsections

12 (f) and (g), section 302(a) of the Department of En13 ergy Organization Act (42 U.S.C. 7152(a)) is

14 amended—

15 (A) in paragraph (1) by striking subpara16 graph (C) and redesignating subparagraphs

17 (D), (E), and (F) as subparagraphs (C), (D),

18 and (E), respectively; and

19 (B) in paragraph (2) by striking ‘‘and the

20 Alaska Power Administration’’ and inserting

21 ‘‘and’’ after ‘‘Southwestern Power Administra22 tion,’’.

23 (11) REPEAL OF ACT OF AUGUST 9, 1955.—The

24 Act of August 9, 1955, concerning water resources

25 investigations in Alaska (69 Stat. 618), is repealed.
37

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1 (12) DISCLAIMER.—The sales of Eklutna and

2 Snettisham under this section are not considered

3 disposal of Federal surplus property under the Fed4 eral Property and Administrative Services Act of

5 1949 (40 U.S.C. 484) or the Act of October 3,

6 1944, popularly referred to as the ‘‘Surplus Property

7 Act of 1944’’ (50 U.S.C. App. 1622).

8 SEC. 1102. RESCISSION OF FUNDS FOR NOAA RESEARCH

9 FLEET.

10 Of the funds made available under the heading ‘‘Na11 tional Oceanic And Atmospheric Administration—Fleet

12 Modernization, Shipbuilding and Conversion’’ in the De13 partments of Commerce, Justice, and State, the Judiciary,

14 and Related Agencies Appropriations Act, 1994 (Pub. L.

15 103–121), $77,064,000 is rescinded.

16 SEC. 1103. CLOSURE OF VA SUPPLY DEPOTS.

17 Notwithstanding the provisions of section 510(b) and

18 8121 of title 38, United States Code, the Secretary of Vet19 erans Affairs shall phase out and close the Department

20 of Veterans Affairs’ Supply Depots, located at Somerville,

21 New Jersey, Hines, Illinois, and Bell, California over 2

22 fiscal years, beginning in fiscal year 1994 and ending in

23 fiscal year 1995, and shall transfer from the Department

24 of Veterans Affairs Revolving Supply Fund to the General
38

•S 1843 IS

1 Fund of the Treasury, $45,000,000 by September 30,

2 1994, and $44,000,000 by September 30, 1995.

3 SEC. 1104. TERMINATION STATE JUSTICE INSTITUTE.

4 (a) IN GENERAL.—The State Justice Institute Act

5 of 1984 (42 U.S.C. 10701 et seq.) is repealed.

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

7 available under the heading ‘‘State Justice Institute—Sal8 aries and Expenses’’ in the Departments of Commerce,

9 Justice, and State, the Judiciary, and Related Agencies

10 Appropriations Act, 1994 (Pub. L. 103–121), $6,775,000

11 is rescinded.

12 SEC. 1105. REPEAL OF THE NATIONAL SMALL BUSINESS

13 TREE PLANTING PROGRAM.

14 Section 24 of the Small Business Act (15 U.S.C. 651)

15 is hereby repealed.

16 SEC. 1106. CONTRACTING FOR PERFORMANCE OF CERTAIN

17 NON-CORE FUNCTIONS OF THE DEPARTMENT

18 OF DEFENSE.

19 (a) EXCEPTION TO TEMPORARY PROHIBITION.—Sec20 tion 313(b) of Public Law 103–160 is amended—

21 (1) by striking out ‘‘or’’ at the end of para22 graph (1);

23 (2) by striking out the period at the end of

24 paragraph (2) and inserting in lieu thereof ‘‘; or’’;

25 and
39

•S 1843 IS

1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(3) a contract for data processing, billing, or

4 payroll services or for any similar services des5 ignated by the Secretary of Defense.’’.

6 (b) PERMANENT AUTHORITY.—(1) Chapter 146 of

7 title 10, United States Code, is amended by adding at the

8 end the following new section:

9 ‘‘§ 2470. Certain non-core functions of the Depart10 ment of Defense

11 ‘‘Data processing services, billing services, payroll

12 services, and any similar services designated by the Sec13 retary of Defense may be procured by contract without

14 regard to any prohibition or limitation set forth in this

15 chapter.’’.

16 (2) The table of sections at the beginning of such

17 chapter is amended by adding at the end the following

18 new item:

‘‘2470. Certain non-core functions of the Department of Defense.’’.

19 SEC. 1107. IMPROVED FEDERAL DEBT COLLECTION.

20 (a)(1) Title 31, United States Code, is amended by

21 adding, after section 3720A, a section 3720B, as follows:

22 ‘‘§ 3720B. Authorization of appropriations for enhanc23 ing debt collection

24 ‘‘(a) To the extent and in the amounts provided in

25 advance in appropriations Acts—
40

•S 1843 IS

1 ‘‘(1) an amount not to exceed 1 percent of the

2 delinquent debts collected for a program in one fiscal

3 year is authorized to be credited in the following fis4 cal year to a special fund for such program;

5 ‘‘(2) an amount not to exceed 10 percent of any

6 sustained annual increase in delinquent debt collec7 tions, as defined by the Director of the Office of

8 Management and Budget, is authorized to be cred9 ited to a special fund for such program; and

10 ‘‘(3) from amounts credited under paragraphs

11 (1) and (2), such sums as may be necessary are au12 thorized to be appropriated for the improvement of

13 that program’s debt collection activities, including,

14 but not limited to, account and loan servicing, delin15 quent debt collection and asset disposition.

16 ‘‘(b) Debt is defined as delinquent under standards

17 prescribed or to be prescribed by the Secretary of the

18 Treasury.

19 ‘‘(c) For direct loan and loan guarantee programs

20 subject to Title V of the Congressional Budget Act of

21 1974, amounts credited in accordance with section (a)

22 shall be considered administrative costs and shall not be

23 included in the estimated payments to the Government for

24 the purpose of calculating the cost of such programs.
41

•S 1843 IS

1 ‘‘(d) This section shall apply only to collection of

2 debts—

3 ‘‘(1) for a program not within the Department

4 of Justice; and

5 ‘‘(2) not involving the assistance of the Depart6 ment of Justice.’’.

7 (2) The table of sections for subchapter II of chapter

8 37 of title 31, United States Code, is amended by adding,

9 after the item for section 3720A, the following new item:

‘‘3720B. Authorization of appropriations for enhancing debt collection.’’.

10 (b) Subsection 3701(d) of Title 31, United States

11 Code, is amended—

12 (1) by striking ‘‘and 3716–3719’’ and inserting

13 in lieu thereof ‘‘, 3716, and 3717’’; and

14 (2) by striking ‘‘, the Social Security Act (42

15 U.S.C. 301 et seq.),’’.

16 (c) Section 3701 of title 31, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(e) Section 3718 of this title does not apply to a

19 claim or debt under, or to an amount payable under, the

20 Social Security Act (42 U.S.C. 301 et seq.) owed by a

21 person receiving benefits under that Act or to a claim or

22 debt under, or to an amount payable under, title 26 of

23 the United States Code.’’.

24 (d) Section 3720A of title 31, United States Code is

25 amended by striking ‘‘the individual’s home address.’’ at
42

•S 1843 IS

1 the end of subsection (c) and inserting the following: ‘‘the

2 person’s mailing address. Provision of this information is

3 authorized by section 6103(m)(2) of the Internal Revenue

4 Code (26 U.S.C. 6103(m)(2)).’’.

5 (e) Subparagraph 3718(B)(1)(A) of title 31, United

6 States Code, is amended by striking the following: ‘‘If the

7 Attorney General makes a contract for legal services to

8 be furnished in any judicial district of the United States

9 under the first sentence of this paragraph, the Attorney

10 General shall use his best efforts to obtain, from among

11 attorneys regularly engaged in the private practice of law

12 in such district, at least four such contracts with private

13 individuals or firms in such district.’’.

14 Subtitle C—Eliminating

15 Government Printing Monopoly

16 SEC. 1201. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Government Infor18 mation Dissemination and Printing Improvement Act of

19 1994’’.

20 SEC. 1202. TRANSFER OF FUNCTIONS.

21 (a) SUPERINTENDENT OF DOCUMENTS.—The posi22 tion of Superintendent of Documents and all functions of

23 the position of Superintendent of Documents under title

24 44, United States Code, or any other provision of law are

25 transferred to the Library of Congress and shall be carried
43

•S 1843 IS

1 out by the Superintendent of Documents under the direc2 tion of the Librarian of Congress. The Superintendent of

3 Documents shall be appointed by, and serve at the pleas4 ure of, the Librarian of Congress. Until otherwise provided

5 by law, on and after the effective date of the transfer

6 under this subsection, the employees under the Super7 intendent of Documents who are transferred shall be

8 treated, for purposes of the laws governing labor-manage9 ment relations, in the same manner as such employees

10 were treated before the effective date of such transfer.

11 (b) REVOCATION OF CHARTERS.—All printing plant

12 charters authorized under section 501 of title 44, United

13 States Code, are revoked.

14 (c) EFFECTIVE DATE.—The transfer under sub15 section (a) shall take effect one year after the date of the

16 enactment of this subtitle. The revocation under sub17 section (b) shall take effect 2 years after the date of the

18 enactment of this subtitle.

19 SEC. 1203. GOVERNMENT PUBLICATIONS TO BE AVAILABLE

20 THROUGHOUT THE GOVERNMENT.

21 All Government publications shall be available

22 throughout the Government to any department, agency,

23 or entity of the Government for use or redissemination.
44

•S 1843 IS

1 SEC. 1204. INVENTORY AND FURNISHING OF GOVERNMENT

2 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. 1205. ADDITIONAL RESPONSIBILITIES OF THE PUBLIC

15 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
45

•S 1843 IS

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
46

•S 1843 IS

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. 1206. ADDITIONAL RESPONSIBILITIES OF THE SUPER8 INTENDENT 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. 1207. 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. 1208. DEFINITIONS.

21 As used in this subtitle—

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 II—STREAMLINING THE

5 FEDERAL BUREAUCRACY

6 Subtitle A—Department of

7 Agriculture Reorganization

8 SEC. 2001. DEPARTMENT OF AGRICULTURE REORGANIZA9 TION.

10 (a) IN GENERAL.—The Secretary of Agriculture

11 shall—

12 (1) consolidate field, regional, and national of13 fices within the Department of Agriculture; and

14 (2) reduce personnel by not less than 7,500

15 staff years, so as to achieve a reduction in expendi16 tures by the Department of not less than

17 $1,640,000,000 during the fiscal year period 1995

18 through 1999.

19 (b) AUTHORITIES.—In consolidating offices and re20 ducing personnel as required by subsection (a), the Sec21 retary shall take such action on the basis of the powers

22 vested in the Secretary under other laws.
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1 Subtitle B—Procurement

2 Streamlining

3 CHAPTER 1—ACQUISITION OF

4 COMMERCIAL ITEMS

5 SEC. 2051. ARMED SERVICES ACQUISITIONS.

6 (a) PREFERENCE.—

7 (1) IN GENERAL.—Section 2325 of title 10,

8 United States Code, is amended to read as follows:

9 ‘‘§ 2325. Acquisition of commercial items

10 ‘‘(a) LIMITATION ON ACQUISITION OF UNIQUE

11 ITEMS.—The Secretary of Defense may develop and ac12 quire equipment or supplies other than commercial items

13 to meet requirements of the Department of Defense only

14 if no such items are available to meet such requirements.

15 ‘‘(b) FLEXIBLE ACQUISITION PROCEDURES.—The

16 Federal Acquisition Regulation issued and maintained

17 pursuant to section 25 of the Office of Federal Procure18 ment Policy Act (41 U.S.C. 421) shall include flexible pro19 cedures authorized for use in acquisitions referred to in

20 subsection (a). Such procedures shall include—

21 ‘‘(1) procedures identical to the simplified pro22 cedures prescribed pursuant to section 2304(g) of

23 this title and section 303(g) of the Federal Property

24 Act of 1949 (41 U.S.C. 253(g));
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1 ‘‘(2) procedures involving a request for

2 quotations and a brief evaluation period; and

3 ‘‘(3) any other procedures that the Federal Ac4 quisition Regulatory Council considers appropriate.

5 ‘‘(c) DEFINING DEPARTMENTAL NEEDS.—The Sec6 retary of Defense shall ensure that, to the maximum ex7 tent practicable, requirements of the Department of De8 fense with respect to a procurement of equipment or sup9 plies—

10 ‘‘(1) are stated in terms of—

11 ‘‘(A) functions to be performed;

12 ‘‘(B) performance required; or

13 ‘‘(C) essential physical characteristics;

14 ‘‘(2) are defined so that commercial items fulfill

15 such requirements; and

16 ‘‘(3) are fulfilled through the procurement of

17 commercial items.

18 ‘‘(d) IMPLEMENTATION.—The Secretary shall—

19 ‘‘(1) ensure that procurement officials in the

20 Department of Defense, to the maximum extent

21 practicable—

22 ‘‘(A) acquire commercial items to meet the

23 needs of the department;

24 ‘‘(B) require prime contractors and sub25 contractors at all levels under the department
51

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1 contracts to incorporate commercial items as

2 components of items supplied to the Depart3 ment of Defense;

4 ‘‘(C) modify requirements in appropriate

5 cases to ensure that the requirements can be

6 met by commercial items; and

7 ‘‘(D) state specifications in terms that en8 able and encourage bidders and offerors to sup9 ply commercial items in response to Depart10 ment of Defense solicitations;

11 ‘‘(2) revise the department’s procurement poli12 cies, practices, and procedures not required by law

13 to reduce any impediments in those policies, prac14 tices, and procedures to the acquisition of commer15 cial items; and

16 ‘‘(3) require training of appropriate personnel

17 in the acquisition of commercial items.

18 ‘‘(e) INAPPLICABILITY OF COST ACCOUNTING

19 STANDARDS.—Subsections (f) and (h) of section 26 of the

20 Office of Federal Procurement Policy Act (41 U.S.C. 422)

21 do not apply to acquisitions of commercial items.

22 ‘‘(f) DEFINITION.—In this section, the term ‘com23 mercial item’ means—

24 ‘‘(1) property, other than real property, that is

25 regularly used by the general public or by non-
52

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1 governmental entities in the course of normal busi2 ness operations for purposes other than govern3 mental purposes and—

4 ‘‘(A) has been sold or licensed to the gen5 eral public;

6 ‘‘(B) has not been sold or licensed to the

7 general public but has been offered for sale or

8 license to the general public; or

9 ‘‘(C) is not yet available in the commercial

10 marketplace but will be made available for com11 mercial delivery within a reasonable period;

12 ‘‘(2) any property that, before undergoing

13 minor modifications to meet Government require14 ments or modifications customary for that type of

15 property in the commercial marketplace, is a com16 mercial item within the meaning of paragraph (1);

17 ‘‘(3) any previously developed item of supply

18 that is in use by a department or agency of the

19 United States, a State or local government, or a for20 eign government with which the United States has

21 a mutual defense cooperation agreement;

22 ‘‘(4) any combination of items meeting the re23 quirements of paragraph (1), (2), or (3) that are of

24 a type customarily combined and sold in combination

25 to the general public; and
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1 ‘‘(5) installation services, maintenance services,

2 repair services, training services, and other services

3 if such services are procured for support of an item

4 referred to in paragraph (1), (2), (3), or (4) and if

5 the source of such services—

6 ‘‘(A) offers such services to the general

7 public and the Federal Government contem8 poraneously under similar terms and conditions;

9 and

10 ‘‘(B) offers to use the same work force for

11 providing the Federal Government with such

12 services as the source uses for providing such

13 services to the general public.’’.

14 (2) CLERICAL AMENDMENT.—The item relating

15 to such section in the table of sections at the begin16 ning of chapter 137 of such title is amended to read

17 as follows:

‘‘2325. Acquisition of commercial items.’’.

18 (b) SPECIFICATIONS AND STANDARDS.—Section

19 2305(a)(1)(C) of title 10, United States Code, is amended

20 in the second sentence by striking out ‘‘Subject to such

21 needs, specifications may’’ and inserting in lieu thereof the

22 following: ‘‘Normally, the specifications shall be the speci23 fications of commercial items in accordance with section

24 2325 of this title. When such items cannot meet bona fide

25 needs of the procuring agency, specifications shall’’.
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1 SEC. 2052. CIVILIAN AGENCY ACQUISITIONS.

2 (a) PREFERENCE.—

3 (1) IN GENERAL.—Title III of the Federal

4 Property and Administrative Services Act of 1949

5 (41 U.S.C. 251 et seq.) is amended by adding at the

6 end the following new section:

7 ‘‘ACQUISITION OF COMMERCIAL ITEMS

8 ‘‘SEC. 311. (a) LIMITATION ON ACQUISITION OF

9 UNIQUE ITEMS.—A Federal agency may develop and ac10 quire equipment or supplies other than commercial items

11 to meet requirements of that Federal agency only if no

12 such items are available to meet such requirements.

13 ‘‘(b) FLEXIBLE ACQUISITION PROCEDURES.—(1)

14 Notwithstanding any other provision of this title or of any

15 other law, a Federal agency may use flexible acquisition

16 procedures for the acquisition of commercial items.

17 ‘‘(2) The Federal Acquisition Regulation issued and

18 maintained pursuant to section 25 of the Office of Federal

19 Procurement Policy Act (41 U.S.C. 421) shall include

20 flexible procedures authorized for use in acquisitions re21 ferred to in paragraph (1). Such procedures shall in22 clude—

23 ‘‘(A) procedures identical to the simplified pro24 cedures prescribed pursuant to section 2304(g) of

25 title 10, United States Code, and section 303(g) of

26 this Act;
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1 ‘‘(B) procedures involving a request for

2 quotations and a brief evaluation period; and

3 ‘‘(C) any other procedures that the Federal Ac4 quisition Regulatory Council considers appropriate.

5 ‘‘(c) DEFINING AGENCY NEEDS.—The head of each

6 Federal agency shall ensure that, to the maximum extent

7 practicable, requirements of the Federal agency with re8 spect to a procurement of equipment or supplies—

9 ‘‘(1) are stated in terms of—

10 ‘‘(A) functions to be performed;

11 ‘‘(B) performance required; or

12 ‘‘(C) essential physical characteristics;

13 ‘‘(2) are defined so that commercial items fulfill

14 such requirements; and

15 ‘‘(3) are fulfilled through the procurement of

16 commercial items.

17 ‘‘(d) IMPLEMENTATION.—The head of a Federal

18 agency shall—

19 ‘‘(1) ensure that procurement officials in the

20 agency, to the maximum extent practicable—

21 ‘‘(A) acquire commercial items to meet the

22 needs of the agency;

23 ‘‘(B) require prime contractors and sub24 contractors at all levels under the agency con-
56

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1 tracts to incorporate commercial items as com2 ponents of items supplied to the agency;

3 ‘‘(C) modify requirements in appropriate

4 cases to ensure that the requirements can be

5 met by commercial items; and

6 ‘‘(D) state specifications in terms that en7 able and encourage bidders and offerors to sup8 ply commercial items in response to agency so9 licitations;

10 ‘‘(2) revise the agency’s procurement policies,

11 practices, and procedures not required by law to re12 duce any impediments in those policies, practices,

13 and procedures to the acquisition of commercial

14 items; and

15 ‘‘(3) require training of appropriate personnel

16 in the acquisition of commercial items.

17 ‘‘(e) INAPPLICABILITY OF COST ACCOUNTING

18 STANDARDS.—Subsections (f) and (h) of section 26 of the

19 Office of Federal Procurement Policy Act (41 U.S.C. 422)

20 do not apply to acquisitions of commercial items.

21 ‘‘(f) DEFINITION.—In this section, the term ‘com22 mercial item’ means—

23 ‘‘(1) property, other than real property, that is

24 regularly used by the general public or by non25 governmental entities in the course of normal busi-
57

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1 ness operations for purposes other than govern2 mental purposes and—

3 ‘‘(A) has been sold or licensed to the gen4 eral public;

5 ‘‘(B) has not been sold or licensed to the

6 general public but has been offered for sale or

7 license to the general public; or

8 ‘‘(C) is not yet available in the commercial

9 marketplace but will be made available for com10 mercial delivery within a reasonable period;

11 ‘‘(2) any property that, before undergoing

12 minor modifications to meet Government require13 ments or modifications customary for that type of

14 property in the commercial marketplace, is a com15 mercial item within the meaning of paragraph (1);

16 ‘‘(3) any previously developed item of supply

17 that is in use by a department or agency of the

18 United States, a State or local government, or a for19 eign government with which the United States has

20 a mutual defense cooperation agreement;

21 ‘‘(4) any combination of items meeting the re22 quirements of paragraph (1), (2), or (3) that are of

23 a type customarily combined and sold in combination

24 to the general public; and
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1 ‘‘(5) installation services, maintenance services,

2 repair services, training services, and other services

3 if such services are procured for support of an item

4 referred to in paragraph (1), (2), (3), or (4) and if

5 the source of such services—

6 ‘‘(A) offers such services to the general

7 public and the Federal Government contem8 poraneously under similar terms and conditions;

9 and

10 ‘‘(B) offers to use the same work force for

11 providing the Federal Government with such

12 services as the source uses for providing such

13 services to the general public.’’.

14 (2) CLERICAL AMENDMENT.—The table of con15 tents in the first section of such Act is amended by

16 inserting after the item relating to section 310 the

17 following new item:

‘‘Sec. 311. Acquisition of commercial items.’’.

18 (b) SPECIFICATIONS AND STANDARDS.—Section

19 303A(a)(3) of the Federal Property and Administrative

20 Services Act (41 U.S.C. 253a(a)(3)) is amended in the

21 second sentence by striking out ‘‘Subject to such needs,

22 specifications may’’ and inserting in lieu thereof the fol23 lowing: ‘‘Normally, the specifications shall be the specifica24 tions of commercial items in accordance with section 311.
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1 When such items cannot meet bona fide needs of the pro2 curing agency, specifications shall’’.

3 CHAPTER 2—SIMPLIFIED ACQUISITION

4 THRESHOLD

5 Subchapter A—Establishment of Threshold

6 SEC. 2061. SIMPLIFIED ACQUISITION THRESHOLD.

7 (a) TERM DEFINED.—Section 4(11) of the Office of

8 Federal Procurement Policy Act (41 U.S.C. 403(11)) is

9 amended to read as follows:

10 ‘‘(11) The term ‘simplified acquisition thresh11 old’ means $100,000.’’.

12 (b) CONFORMING AMENDMENTS.—

13 (1) ARMED SERVICES ACQUISITIONS.—Para14 graph (7) of section 2302 of title 10, United States

15 Code, is amended to read as follows:

16 ‘‘(7) The term ‘simplified acquisition threshold’

17 has the meaning given that term in section 4 of the

18 Office of Federal Procurement Policy Act (41 U.S.C.

19 403), except that, in the case of any contract to be

20 awarded and performed, or purchase to be made,

21 outside the United States in support of a contin22 gency operation, the term means an amount equal to

23 two times the amount specified for that term in sec24 tion 4 of such Act.’’.
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1 (2) CIVILIAN AGENCY ACQUISITIONS.—Section

2 309(c) of the Federal Property and Administrative

3 Services Act of 1949 (41 U.S.C. 259(c)) is amended

4 by striking out ‘‘and ‘supplies’ ’’ and inserting in lieu

5 thereof ‘‘ ‘supplies’, and ‘simplified acquisition

6 threshold’ ’’.

7 (c) INTERIM REPORTING RULE.—Until October 1,

8 1996, contracting activities shall continue to report pro9 curement awards with a dollar value of at least $25,000,

10 but less than $100,000, in conformity with the procedures

11 for the reporting of a contract award in excess of $25,000

12 that were in effect on October 1, 1992.

13 Subchapter B—Simplification of Procedures

14 SEC. 2066. SIMPLIFIED ACQUISITION PROCEDURES.

15 The Office of Federal Procurement Policy Act (41

16 U.S.C. 401 et seq.) is amended by adding at the end the

17 following new section:

18 ‘‘SIMPLIFIED ACQUISITION PROCEDURES

19 ‘‘SEC. 29. (a) In order to promote efficiency and

20 economy in contracting and to avoid unnecessary burdens

21 for agencies and contractors, the Federal Acquisition Reg22 ulation shall provide for special simplified procedures for

23 contracts for acquisition of property and services that are

24 not in excess of the simplified acquisition threshold.

25 ‘‘(b) A proposed purchase or contract for an amount

26 above the simplified acquisition threshold may not be di-
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1 vided into several purchases or contracts for lesser

2 amounts in order to use the simplified acquisition proce3 dures required by subsection (a).

4 ‘‘(c) In using simplified acquisition procedures, the

5 head of an executive agency shall promote competition to

6 the maximum extent practicable.’’.

7 SEC. 2067. SMALL BUSINESS RESERVATION.

8 Section 15(j) of the Small Business Act (15 U.S.C.

9 644(j)) is amended to read as follows:

10 ‘‘(j)(1) Each contract for the procurement of goods

11 and services that has an anticipated value not in excess

12 of the simplified acquisition threshold and that is subject

13 to simplified acquisition procedures prescribed pursuant to

14 section 29 of the Office of Federal Procurement Policy

15 Act shall be reserved exclusively for small business con16 cerns unless the contracting officer is unable to obtain of17 fers from two or more small business concerns that are

18 competitive with market prices and are competitive with

19 regard to the quality and delivery of the goods or services

20 being procured.

21 ‘‘(2) In carrying out paragraph (1), a contracting of22 ficer shall consider a responsive offer timely received from

23 an eligible small business offeror.

24 ‘‘(3) Nothing in paragraph (1) shall be construed as

25 precluding an award of a contract with a value not in ex-
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1 cess of the simplified acquisition threshold under the au2 thority of section 8(a) of this Act, section 2323 of title

3 10, United States Code, or section 712 of the Business

4 Opportunity Development Reform Act of 1988 (Public

5 Law 100–656; 15 U.S.C. 644 note).

6 ‘‘(4) In utilizing procedures referred to in paragraph

7 (1), contracting officers shall, wherever circumstances per8 mit, provide for the use of fast payment terms and dis9 bursement of payment through electronic fund transfer.’’.

10 SEC. 2068. PROCUREMENT NOTICE.

11 (a) CONTINUATION OF EXISTING NOTICE THRESH12 OLDS.—Subsection (a) of section 18 of the Office of Fed13 eral Procurement Policy Act (41 U.S.C. 416) is amend14 ed—

15 (1) in paragraph (1), by striking out ‘‘the small

16 purchase threshold’’ each place it appears and in17 serting in lieu thereof ‘‘$25,000’’; and

18 (2) in paragraph (3)(B), by inserting after

19 ‘‘(B)’’ the following: ‘‘in the case of a contract or

20 order expected to exceed the simplified acquisition

21 threshold,’’.

22 (b) CONTENT OF NOTICE.—Subsection (b) of such

23 section is amended—

24 (1) by striking out ‘‘and’’ at the end of para25 graph (4);
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1 (2) by striking out the period at the end of

2 paragraph (5) and inserting in lieu thereof a semi3 colon; and

4 (3) by adding at the end the following:

5 ‘‘(6) in the case of a contract in an amount es6 timated to exceed the $25,000 but not to exceed the

7 simplified acquisition threshold—

8 ‘‘(A) a description of the procedures to be

9 used in awarding the contract; and

10 ‘‘(B) a statement specifying the periods for

11 prospective offerors and the contracting officer

12 to take the necessary preaward and award ac13 tions.’’.

14 (c) NOTICE UNDER THE SMALL BUSINESS ACT.—

15 (1) CONTINUATION OF EXISTING NOTICE

16 THRESHOLDS.—Subsection (e) of section 8 of the

17 Small Business Act (15 U.S.C. 637) is amended—

18 (A) in paragraph (1), by striking out ‘‘the

19 small purchase threshold’’ each place it appears

20 and inserting in lieu thereof ‘‘$25,000’’; and

21 (B) in paragraph (3)(B), by inserting after

22 ‘‘(B)’’ the following: ‘‘in the case of a contract

23 or order estimated to exceed the simplified ac24 quisition threshold,’’.
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1 (2) CONTENT OF NOTICE.—Subsection (f) of

2 such section is amended—

3 (A) by striking out ‘‘and’’ at the end of

4 paragraph (4);

5 (B) by striking out the period at the end

6 of paragraph (5) and inserting in lieu thereof a

7 semicolon; and

8 (C) by adding at the end the following:

9 ‘‘(6) in the case of a contract in an amount es10 timated to exceed the $25,000 but not to exceed the

11 simplified acquisition threshold—

12 ‘‘(A) a description of the procedures to be

13 used in awarding the contract; and

14 ‘‘(B) a statement specifying the periods for

15 prospective offerors and the contracting officer

16 to take the necessary preaward and award ac17 tions.’’.

18 Subchapter C—Inapplicability of Laws to Ac19 quisitions Not in Excess of Simplified Ac20 quisition Threshold

21 SEC. 2071. ARMED SERVICES ACQUISITIONS.

22 (a) CONTRACT CLAUSE REGARDING CONTINGENT

23 FEES.—Section 2306(b) of title 10, United States Code,

24 is amended by adding at the end the following: ‘‘This sub-
65

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1 section does not apply to a contract that is not in excess

2 of the simplified acquisition threshold.’’.

3 (b) SUBCONTRACTOR DIRECT SALES TO THE

4 UNITED STATES.—Section 2402 of title 10, United States

5 Code, is amended by adding at the end the following new

6 subsection:

7 ‘‘(c) This section does not apply to a contract that

8 is not in excess of the simplified acquisition threshold (as

9 defined in section 4(11) of the Office of Federal Procure10 ment Policy Act (41 U.S.C. 403(11))).’’.

11 (c) EXAMINATION OF BOOKS AND RECORDS OF CON12 TRACTORS.—Section 2313 of title 10, United States Code,

13 is amended by adding at the end the following new sub14 section:

15 ‘‘(e) This section does not apply with respect to a con16 tract that is not in excess of the simplified acquisition

17 threshold.’’.

18 (d) IDENTIFICATION OF SUPPLIERS AND SOURCES

19 OF SUPPLIES.—Section 2384(b) of title 10, United States

20 Code, is amended by adding at the end the following new

21 paragraph:

22 ‘‘(3) The regulations prescribed pursuant to para23 graph (1) do not apply to a contract that does not exceed

24 the simplified acquisition threshold (as defined in section
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1 4(11) of the Office of Federal Procurement Policy Act (41

2 U.S.C. 403(11))).’’.

3 (e) DOING BUSINESS WITH CERTAIN OFFERORS OR

4 CONTRACTORS.—Section 2393(d) of title 10, United

5 States Code, is amended in the second sentence by striking

6 out ‘‘above’’ and all that follows and inserting in lieu

7 thereof ‘‘in excess of the simplified acquisition threshold

8 (as defined in section 4(11) of the Office of Federal Pro9 curement Policy Act (41 U.S.C. 403(11))).’’.

10 (f) USE OF UNITED STATES VESSELS FOR TRANS11 PORTING SUPPLIES OF THE ARMED FORCES.—Section

12 2631 of title 10, United States Code, is amended by add13 ing at the end the following: ‘‘The first sentence does not

14 apply to a contract for the transportation of supplies by

15 sea if the contract does not exceed the simplified acquisi16 tion threshold (as defined in section 4(11) of the Office

17 of Federal Procurement Policy Act (41 U.S.C.

18 403(11))).’’.

19 SEC. 2072. CIVILIAN AGENCY ACQUISITIONS.

20 (a) CONTRACT CLAUSE REGARDING CONTINGENT

21 FEES.—Section 304(a) of the Federal Property and Ad22 ministrative Services Act of 1949 (41 U.S.C. 254(a)) is

23 amended by adding at the end the following: ‘‘The preced24 ing sentence does not apply to a contract that is not in

25 excess of the simplified acquisition threshold.’’.
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1 (b) SUBCONTRACTOR DIRECT SALES TO THE

2 UNITED STATES.—Section 303G of the Federal Property

3 and Administrative Services Act of 1949 (41 U.S.C. 253g)

4 is amended by adding at the end the following new sub5 section:

6 ‘‘(c) This section does not apply to a contract that

7 is not in excess of the simplified acquisition threshold.’’.

8 SEC. 2073. ACQUISITIONS GENERALLY.

9 (a) USE OF FUNDS TO INFLUENCE CERTAIN FED10 ERAL ACTIONS.—Section 1352(e)(2)(B) of title 31,

11 United States Code, is amended by striking out

12 ‘‘$100,000’’ and inserting in lieu thereof ‘‘the simplified

13 acquisition threshold (as defined in section 4(11) of the

14 Office of Federal Procurement Policy Act (41 U.S.C.

15 403(11)))’’.

16 (b) CONTRACT CLAUSE RELATING TO KICKBACKS.—

17 Section 7 of the Anti-Kickback Act of 1986 (41 U.S.C.

18 57) is amended by adding at the end the following new

19 subsection:

20 ‘‘(d) Subsections (a) and (b) do not apply to a prime

21 contract that is not in excess of the simplified acquisition

22 threshold (as defined in section 4(11) of the Office of Fed23 eral Procurement Policy Act (41 U.S.C. 403(11))).’’.
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1 (c) REQUIREMENT UNDER THE REHABILITATION

2 ACT OF 1973.—Section 503(a) of the Rehabilitation Act

3 of 1973 (29 U.S.C. 793(a)) is amended—

4 (1) by striking out ‘‘in excess of $10,000’’ in

5 the first and second sentences; and

6 (2) by inserting after the second sentence the

7 following: ‘‘Notwithstanding the first and second

8 sentences, this subsection does not apply to a con9 tract or subcontract that is not in excess of the sim10 plified acquisition threshold (as defined in section

11 4(11) of the Office of Federal Procurement Policy

12 Act (41 U.S.C. 403(11))).’’.

13 (d) REQUIREMENT REGARDING CERTAIN DISABLED

14 VETERANS.—Section 4212(a) of title 38, United States

15 Code, is amended—

16 (1) in the first sentence by striking out ‘‘in the

17 amount of $10,000 or more’’ and inserting in lieu

18 thereof ‘‘in excess of the simplified acquisition

19 threshold (as defined in section 4(11) of the Office

20 of Federal Procurement Policy Act (41 U.S.C.

21 403(11)))’’; and

22 (2) in the second sentence by inserting after

23 ‘‘shall apply to any subcontract’’ the following: ‘‘in

24 excess of the simplified acquisition threshold that

25 is’’.
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1 (e) MILLER ACT.—

2 (1) IN GENERAL.—

3 (A) CONTRACTS NOT EXCEEDING SIM4 PLIFIED ACQUISITION THRESHOLD.—The Act

5 of August 24, 1935 (40 U.S.C. 270a et seq.),

6 commonly referred to as the ‘‘Miller Act’’, is

7 amended by adding at the end the following

8 new section:

9 ‘‘SEC. 5. This Act does not apply to a contract in

10 an amount that is not in excess of the simplified acquisi11 tion threshold (as defined in section 4(11) of the Office

12 of Federal Procurement Policy Act (41 U.S.C.

13 403(11))).’’.

14 (B) CONFORMING AMENDMENT.—Sub15 section (a) of the first section of such Act is

16 amended by striking out ‘‘, exceeding $25,000

17 in amount,’’.

18 (2) ALTERNATIVE PAYMENT PROTECTIONS.—

19 (A) REGULATIONS REQUIRED.—The Fed20 eral Acquisition Regulation shall provide var21 ious alternative payment protections, including

22 payment bonds, for suppliers of labor and mate23 rials on contracts referred to in subparagraph

24 (B).
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1 (B) COVERED CONTRACTS.—The protec2 tions required by paragraph (1) shall apply with

3 respect to contracts referred to in subsection

4 (a) of the first section of the Miller Act that are

5 in excess of $25,000 but not in excess of the

6 simplified acquisition threshold (as defined in

7 section 4(11) of the Office of Federal Procure8 ment Policy Act (41 U.S.C. 403(11))).

9 (C) MILLER ACT REFERENCE.—The Miller

10 Act referred to in paragraph (2) means the Act

11 of August 24, 1935 (40 U.S.C. 270a et seq.),

12 commonly referred to as the ‘‘Miller Act’’.

13 (f) BUY AMERICAN ACT.—Title III of the Act of

14 March 3, 1993 (40 U.S.C. 10a et seq.) is amended—

15 (1) by adding at the end the following new sec16 tion:

17 ‘‘SEC. 5. Sections 2 and 3 do not apply to a contract

18 that is not in excess of the simplified acquisition thresh19 old.’’; and

20 (2) in section 1—

21 (A) by adding at the end the following:

22 ‘‘(d) The term ‘simplified acquisition threshold’ has

23 the meaning given such term in section 4(11) of the Office

24 of Federal Procurement Policy Act (41 U.S.C. 403(11)).’’;
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1 (B) by striking out ‘‘title—’’ and inserting

2 in lieu thereof ‘‘title:’’; and

3 (C) by striking out the semicolon at the

4 end of subsections (a) and (b) and inserting in

5 lieu thereof a period.

6 (g) DAVIS-BACON ACT.—

7 (1) IN GENERAL.—The first section of the Act

8 of March 3, 1931 (40 U.S.C. 276a), commonly re9 ferred to as the ‘‘Davis-Bacon Act’’, is amended in

10 subsection (a) by striking out ‘‘$2,000’’ and insert11 ing in lieu thereof ‘‘the simplified acquisition thresh12 old (as defined in section 4(11) of the Office of Fed13 eral Procurement Policy Act (41 U.S.C. 403(11)))’’.

14 (2) RELATED REGULATIONS.—Section 2 of the

15 Act of June 13, 1934 (40 U.S.C. 276c) is amend16 ed—

17 (A) by inserting after ‘‘engaged’’ the fol18 lowing: ‘‘under contracts in excess of the sim19 plified acquisition threshold’’; and

20 (B) by adding at the end the following: ‘‘In

21 this section, the term ‘simplified acquisition

22 threshold’ has the meaning given such term in

23 section 4(11) of the Office of Federal Procure24 ment Policy Act (41 U.S.C. 403(11)).’’.
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1 (h) CONTRACT WORK HOURS AND SAFETY STAND2 ARDS ACT.—

3 (1) IN GENERAL.—Section 103 of the Contract

4 Work Hours and Safety Standards Act (40 U.S.C.

5 329) is amended by adding at the end the following

6 new subsection:

7 ‘‘(c) This title does not apply to a contract in an

8 amount that is not in excess of the simplified acquisition

9 threshold (as defined in section 4(11) of the Office of Fed10 eral Procurement Policy Act (41 U.S.C. 403(11))).’’.

11 (2) CONFORMING AMENDMENT.—Section

12 107(a) of such Act (40 U.S.C. 333(a)) is amended

13 by inserting after ‘‘It shall be a condition of each

14 contract’’ the following: ‘‘(other than a contract re15 ferred to in section 103(c))’’.

16 (i) SERVICE CONTRACT ACT OF 1965.—

17 (1) IN GENERAL.—Section 2(a) of the Service

18 Contract Act of 1965 (41 U.S.C. 351(a)) is amend19 ed by striking out ‘‘$2,500’’ and inserting in lieu

20 thereof ‘‘the simplified acquisition threshold’’.

21 (2) DEFINITION.—Section 8 of such Act (41

22 U.S.C. 357) is amended by adding at the end the

23 following:
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1 ‘‘(e) The term ‘simplified acquisition threshold’ has

2 the meaning given such term in section 4(11) of the Office

3 of Federal Procurement Policy Act (41 U.S.C. 403(11)).’’.

4 (j) DRUG-FREE WORKPLACE ACT OF 1988.—Section

5 5152(a)(1) of the Drug-Free Workplace Act of 1988 (sub6 title D of title V of the Anti-Drug Abuse Act of 1988;

7 Public Law 100–690; 41 U.S.C. 701(a)(1)) is amended

8 by striking out ‘‘of $25,000 or more from any Federal

9 agency’’ and inserting in lieu thereof ‘‘in excess of the sim10 plified acquisition threshold (as defined in section 4(11)

11 of such Act (41 U.S.C. 403(11))) by any Federal agency’’.

12 (k) SHIPMENT ON AMERICAN-FLAG COMMERCIAL

13 VESSELS.—Section 901(b) of the Merchant Marine Act,

14 1936 (46 U.S.C. 1241(b)) is amended by adding at the

15 end the following new paragraph:

16 ‘‘(3) Paragraph (1) does not apply to a contract for

17 transportation on ocean vessels in an amount that is not

18 in excess of the simplified acquisition threshold (as defined

19 in section 4(11) of the Office of Federal Procurement Pol20 icy Act (41 U.S.C. 403(11))). The gross tonnage trans21 ported under such a contract may not be counted for pur22 poses of determining the minimum gross tonnage required

23 to be transported on privately owned United States-flag

24 commercial vessels or for purposes of satisfying such re25 quirement.’’.
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1 (l) CERTAIN PROCUREMENT INTEGRITY REQUIRE2 MENTS.—

3 (1) CERTIFICATION REQUIREMENT.—Sub4 section (e)(7)(A) of section 27 of the Office of Fed5 eral Procurement Policy Act (41 U.S.C. 423) is

6 amended by striking out ‘‘$100,000’’ and inserting

7 in lieu thereof ‘‘the simplified acquisition threshold’’.

8 (2) CONTRACT CLAUSE REQUIREMENT.—Sub9 section (g)(1) of such section is amended by insert10 ing after ‘‘awarded by a Federal agency’’ the follow11 ing: ‘‘(other than a contract in an amount that is

12 not in excess of the simplified acquisition thresh13 old)’’.

14 Subchapter D—Conforming Amendments

15 SEC. 2076. ARMED SERVICES ACQUISITIONS.

16 (a) SIMPLIFIED ACQUISITION PROCEDURES.—Sec17 tion 2304(g) of title 10, United States Code, is amended—

18 (1) in paragraph (1), by striking out ‘‘small

19 purchases of property and services’’ and inserting in

20 lieu thereof ‘‘purchases of property and services not

21 in excess of the simplified acquisition threshold’’;

22 (2) by striking out paragraph (2);

23 (3) by redesignating paragraphs (3) and (4) as

24 paragraphs (2) and (3), respectively;

25 (4) in paragraph (2), as so redesignated—
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1 (A) by striking out ‘‘small purchase

2 threshold’’ and inserting in lieu thereof ‘‘sim3 plified acquisition threshold’’; and

4 (B) by striking out ‘‘small purchase proce5 dures’’ and inserting in lieu thereof ‘‘simplified

6 procedures’’; and

7 (5) in paragraph (3), as redesignated by para8 graph (3) of this subsection, by striking out ‘‘small

9 purchase procedures’’ and inserting in lieu thereof

10 ‘‘the simplified procedures’’.

11 (b) SOLICITATION CONTENT REQUIREMENT.—Sec12 tion 2305(a)(2) of title 10, United States Code, is amend13 ed by striking out ‘‘small purchases)’’ in the matter above

14 subparagraph (A) and inserting in lieu thereof ‘‘purchases

15 not in excess of the simplified acquisition threshold)’’.

16 (c) COST TYPE CONTRACTS.—Section 2306(e)(2)(A)

17 of title 10, United States Code, is amended by striking

18 out ‘‘small purchase threshold’’ and inserting in lieu there19 of ‘‘simplified acquisition threshold’’.

20 SEC. 2077. CIVILIAN AGENCY ACQUISITIONS.

21 (a) SIMPLIFIED ACQUISITION PROCEDURES.—Sec22 tion 303(g) of the Federal Property and Administrative

23 Services Act of 1949 (41 U.S.C. 253(g)) is amended—

24 (1) in paragraph (1), by striking out ‘‘small

25 purchases of property and services’’ and inserting in
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1 lieu thereof ‘‘purchases of property and services not

2 in excess of the simplified acquisition threshold’’;

3 (2) by striking out paragraphs (2) and (5);

4 (3) by redesignating paragraphs (3) and (4) as

5 paragraphs (2) and (3), respectively;

6 (4) in paragraph (2), as so redesignated—

7 (A) by striking out ‘‘small purchase

8 threshold’’ and inserting in lieu thereof ‘‘sim9 plified acquisition threshold’’; and

10 (B) by striking out ‘‘small purchase proce11 dures’’ and inserting in lieu thereof ‘‘simplified

12 procedures’’; and

13 (5) in paragraph (3), as redesignated by para14 graph (3) of this subsection, by striking out ‘‘small

15 purchase procedures’’ and inserting in lieu thereof

16 ‘‘the simplified procedures’’.

17 (b) SOLICITATION CONTENT REQUIREMENT.—Sec18 tion 303A(b) of the Federal Property and Administrative

19 Services Act of 1949 (41 U.S.C. 253a(b)) is amended by

20 striking out ‘‘small purchases)’’ in the matter above para21 graph (1) and inserting in lieu thereof ‘‘purchases not in

22 excess of the simplified acquisition threshold)’’.

23 (c) COST TYPE CONTRACTS.—Section 304(b) of the

24 Federal Property and Administrative Services Act of 1949

25 (41 U.S.C. 254(b)) is amended in the third sentence by
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1 striking out ‘‘either $25,000’’ and inserting in lieu thereof

2 ‘‘either the simplified acquisition threshold’’.

3 SEC. 2078. OFFICE OF FEDERAL PROCUREMENT POLICY

4 ACT AMENDMENT.

5 Section 19(a) of the Office of Federal Procurement

6 Policy Act (41 U.S.C. 417(a)) is amended by striking out

7 ‘‘procurements, other than small purchases,’’ and insert8 ing in lieu thereof ‘‘procurements in excess of the sim9 plified acquisition threshold’’.

10 SEC. 2079. SMALL BUSINESS ACT AMENDMENTS.

11 (a) DEFINITION.—Section 3(m) of the Small Busi12 ness Act (15 U.S.C. 632(m)) is amended by striking out

13 ‘‘ ‘small purchase threshold’ ’’ and inserting in lieu thereof

14 ‘‘ ‘simplified acquisition threshold’ ’’.

15 (b) USE OF SIMPLIFIED ACQUISITION THRESHOLD

16 TERM.—Section 8(d)(2)(A) of the Small Business Act (15

17 U.S.C. 637(d)(2)(A)) is amended by striking out ‘‘small

18 purchase threshold’’ and inserting in lieu thereof ‘‘sim19 plified acquisition threshold’’.

20 Subchapter E—Revision of Regulations

21 SEC. 2081. REVISION REQUIRED.

22 (a) FEDERAL ACQUISITION REGULATION.—The Fed23 eral Acquisition Regulatory Council established by section

24 25(a) of the Office of Federal Procurement Policy Act (41

25 U.S.C. 421(a)) shall review the Federal Acquisition Regu-
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1 lation to identify regulations that are applicable to acquisi2 tions in excess of a specified amount that is less than

3 $100,000. The Council shall amend the regulations so

4 identified as necessary to provide that such regulations do

5 not apply to acquisitions that are not in excess of the sim6 plified acquisition threshold. The preceding sentence does

7 not apply in the case of a regulation for which such an

8 amendment would not be in the national interest, as deter9 mined by the Council.

10 (b) SUPPLEMENTAL REGULATIONS.—The head of

11 each Federal agency that has issued regulations, policies,

12 or procedures referred to in section 25(c)(2) of the Office

13 of Federal Procurement Policy Act (41 U.S.C. 421(c)(2))

14 shall identify any such regulations, policies, or procedures

15 that are applicable to acquisitions in excess of a specified

16 amount that is less than $100,000. The agency head shall

17 amend the regulations so identified as necessary to provide

18 that such regulations, policies, and procedures do not

19 apply to acquisitions that are not in excess of the sim20 plified acquisition threshold. The preceding sentence does

21 not apply in the case of a regulation, policy, or procedure

22 for which such an amendment would not be in the national

23 interest, as determined by the agency head.
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1 (c) COMPLETION OF ACTIONS.—All actions under

2 this section shall be completed not later than 180 days

3 after the date of the enactment of this Act.

4 (d) DEFINITIONS.—In this section:

5 (1) The term ‘‘simplified acquisition threshold’’

6 has the meaning given such term in section 4(11) of

7 the Office of Federal Procurement Policy Act (41

8 U.S.C. 403(11)), as amended by section 2061.

9 (2) The term ‘‘Federal agency’’ has the mean10 ing given such term in section 3(b) of the Federal

11 Property and Administrative Services Act of 1949

12 (41 U.S.C. 472(b)).

13 Subtitle C—Other Streamlining

14 Reforms

15 SEC. 2101. AMENDMENT TO THE COPELAND ACT TO ELIMI16 NATE UNNECESSARY AND BURDENSOME RE17 PORTS AND TO PROVIDE FOR MORE EFFEC18 TIVE AND EFFICIENT VERIFICATION OF COM19 PLIANCE WITH THE DAVIS-BACON ACT.

20 Section 2 of the Act of June 13, 1934 (commonly

21 known as the Copeland Act) (40 U.S.C. 276c), is amended

22 by striking in the first sentence ‘‘weekly’’ and all that fol23 lows through ‘‘week’’ and inserting ‘‘at least once per

24 month a statement of compliance with the labor standards

25 provisions of applicable law that certifies the payroll with
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1 respect to wages paid employees during the preceding pe2 riod for which such statement is furnished and that covers

3 each week any contract work is performed’’.

4 SEC. 2102. CONSOLIDATION OF SOCIAL SERVICE PRO5 GRAMS.

6 (a) AT-RISK CHILD CARE PROGRAM MERGED INTO

7 PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL

8 SERVICES.—

9 (1) CONSOLIDATION OF SERVICES.—Section

10 2002(a)(2)(A) of the Social Security Act (42 U.S.C.

11 1397a(a)(2)(A)) is amended by inserting ‘‘(including

12 services that could have been provided under section

13 402(i), as in effect immediately before the date of

14 enactment of the Government Downsizing, Perform15 ance, and Accountability Act of 1994’’ after ‘‘child

16 care services’’.

17 (2) CONSOLIDATION OF FUNDING.—Section

18 2003(c) of such Act (42 U.S.C. 1397b(c)) is amend19 ed—

20 (A) in paragraph (4), by striking ‘‘and’’;

21 (B) in paragraph (5), by striking ‘‘each

22 fiscal year after fiscal year 1989.’’ and inserting

23 ‘‘the fiscal years 1990, 1991, 1992, 1993, and

24 1994; and’’; and

25 (C) by adding at the end the following:
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1 ‘‘(6) $2,976,000,000 for each of the fiscal years

2 1995, 1996, 1997, 1998, and 1999.’’.

3 (b) CERTAIN DISCRETIONARY SOCIAL SERVICES

4 PROGRAMS MERGED INTO PROGRAM OF BLOCK GRANTS

5 TO STATES FOR SOCIAL SERVICES BUT LEFT DISCRE6 TIONARY.—

7 (1) CONSOLIDATION OF SERVICES.—Section

8 2002 of such Act (42 U.S.C. 1397a) is amended—

9 (A) in subsection (a), by adding at the end

10 the following:

11 ‘‘(3) In addition to payments pursuant to paragraph

12 (1), the Secretary may make payments to a State under

13 this title for a fiscal year in an amount equal to its addi14 tional allotment for such fiscal year, to be used by such

15 State for services directed at the goals set forth in section

16 2001, subject to the requirements of this title.

17 ‘‘(4) For purposes of paragraph (3)—

18 ‘‘(A) services which are directed at the goals set

19 forth in section 2001 include services that could

20 have been provided under—

21 ‘‘(i) the Community Services Block Grant

22 Act;

23 ‘‘(ii) the Child Care and Development

24 Block Grant Act of 1990;
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1 ‘‘(iii) title III or VII of the Older Ameri2 cans Act of 1965; or

3 ‘‘(iv) the State Dependent Care Develop4 ment Grants Act,

5 as in effect immediately before the date of enact6 ment of the Government Downsizing, Performance,

7 and Accountability Act of 1994; and

8 ‘‘(B) expenditures for such services may include

9 expenditures described in paragraph (2)(B).’’; and

10 (B) in each of subsections (b), (c), and (d),

11 by inserting ‘‘or additional allotment’’ after ‘‘al12 lotment’’ each place such term appears.

13 (2) CONSOLIDATION OF FUNDING.—Section

14 2003 of such Act (42 U.S.C. 1397b) is amended by

15 adding at the end the following:

16 ‘‘(d) The additional allotment for any fiscal year to

17 each State shall be determined in the same manner in

18 which the allotment for the fiscal year is determined for

19 the State under the preceding subsections of this section,

20 except that, in making such determination the following

21 amounts shall be used in lieu of the amount specified in

22 subsection (c):

23 ‘‘(1) $2,298,000,000 for the fiscal year 1995.

24 ‘‘(2) $2,360,000,000 for the fiscal year 1996.

25 ‘‘(3) $2,424,000,000 for the fiscal year 1997.
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1 ‘‘(4) $2,490,000,000 for the fiscal year 1998.

2 ‘‘(5) $2,557,000,000 for the fiscal year 1999.’’.

3 (c) CONFORMING AMENDMENTS AND REPEALS.—

4 (1) COMMUNITY SERVICES BLOCK GRANT

5 ACT.—The Community Services Block Grant Act

6 (42 U.S.C. 9901 et seq.) is hereby repealed.

7 (2) CHILD CARE AND DEVELOPMENT BLOCK

8 GRANT ACT OF 1990.—The Child Care and Develop9 ment Block Grant Act of 1990 (42 U.S.C. 9858 et

10 seq.) is hereby repealed.

11 (3) OLDER AMERICANS ACT OF 1965.—The

12 Older Americans Act of 1965 (42 U.S.C. 3001 et

13 seq.) is amended by striking titles III and VII.

14 (4) STATE DEPENDENT CARE DEVELOPMENT

15 GRANTS ACT.—The State Dependent Care Develop16 ment Grants Act (42 U.S.C. 9871 et seq.) is hereby

17 repealed.

18 (5) AT-RISK CHILD CARE PROGRAM.—

19 (A) PROGRAM AUTHORITY.—Section 402

20 of the Social Security Act (42 U.S.C. 602) is

21 amended—

22 (i) in subsection (g)(7), by striking

23 ‘‘and subsection (i)’’; and

24 (ii) by striking subsection (i).
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1 (B) FUNDING PROVISIONS.—Section 403

2 of the Social Security Act (42 U.S.C. 603) is

3 amended by striking subsection (n).

4 (d) EFFECTIVE DATE.—The amendments and re5 peals made by this section shall take effect on October

6 1, 1994.

7 SEC. 2103. INCREASED FLEXIBILITY IN CONTRACTING FOR

8 MEDICARE CLAIMS PROCESSING.

9 (a) CARRIERS TO INCLUDE ENTITIES THAT ARE

10 NOT INSURANCE COMPANIES.—

11 (1) The matter in section 1842(a) of the Social

12 Security Act preceding paragraph (1) is amended by

13 striking ‘‘with carriers’’ and inserting ‘‘with agencies

14 and organizations (referred to as carriers’’).

15 (2) Section 1842(f) of the Act is repealed.

16 (b) ELIMINATION OF INTERMEDIARY NOMINATION

17 BY PROVIDERS OF SERVICES; SECRETARIAL FLEXIBILITY

18 IN ASSIGNING FUNCTIONS TO INTERMEDIARIES AND

19 CARRIERS.—

20 (1) Section 1816 of that Act is amended by

21 striking everything after the heading but before sub22 section (b) and inserting the following:

23 ‘‘SEC. 1816. (a)(1) The Secretary may enter into

24 agreements with agencies or organizations to perform
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1 some or all of the following functions (or parts of those

2 functions):

3 ‘‘(A) determine (subject to the provisions of sec4 tion 1878 and to such review by the Secretary as

5 may be provided for by the agreements) the amount

6 of the payments required pursuant to this part to be

7 made to providers of services,

8 ‘‘(B) make payments described in subparagraph

9 (A),

10 ‘‘(C) provide consultative services to institutions

11 or agencies to enable them to establish and maintain

12 fiscal records necessary for purposes of this part and

13 otherwise to qualify as hospitals, extended care fa14 cilities, and home health agencies,

15 ‘‘(D) serve as a center for, and communicate to

16 providers, any information or instructions furnished

17 to the agency or organization by the Secretary, and

18 serve as a channel of communication from providers

19 to the Secretary,

20 ‘‘(E) make such audits of the records of provid21 ers as may be necessary to ensure that proper pay22 ments are made under this part, and

23 ‘‘(F) perform such other functions as are nec24 essary to carry out the purposes of this part.
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1 ‘‘(2) As used in this title and part B of title XI, the

2 term ‘fiscal intermediary’ means an agency or organiza3 tion with a contract under this section.’’.

4 (2) Subsections (d) and (e) of section 1816 of

5 that Act are repealed.

6 (3) Section 1816(f)(1) of that Act is amended

7 by striking the second sentence.

8 (4) The matter in section 1842(a) of that Act

9 preceding paragraph (1) is amended by inserting ‘‘,

10 or parts of those functions’’ after ‘‘following func11 tions’’.

12 (5) Section 1842(b)(3)(G) of that Act is

13 amended by inserting ‘‘(unless provided by another

14 carrier)’’ after ‘‘will provide’’.

15 (6) The matter in section 1842(b)(3)(H) of that

16 Act preceding clause (i) is amended by striking ‘‘im17 plement—’’ and inserting ‘‘implement (as appro18 priate)—’’.

19 (7) Section 1842(b)(3)(L) of that Act is amend20 ed by inserting ‘‘(as appropriate)’’ after ‘‘will’’.

21 (8) The first sentence of section 1842(h)(2) of

22 that Act is amended by inserting ‘‘(unless main23 tained by another carrier)’’ after ‘‘shall maintain’’.

24 (c) ELIMINATION OF SPECIAL PROVISIONS FOR TER25 MINATION OF CONTRACTS.—
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1 (1) Section 1816(f)(1) of that Act is amended

2 by striking ‘‘, renew, or terminate’’ and ‘‘or reas3 sign’’.

4 (2) Section 1816(g) of that Act is repealed.

5 (3) Section 1842(b) of that Act is amended by

6 striking paragraph (5).

7 (d) REPEAL OF PROHIBITION AGAINST DATA

8 MATCHING.—Sections 1816(c)(1) and 1842(b)(2)(A) of

9 that Act are each amended by striking the last sentence.

10 (e) REPEAL OF COST REIMBURSEMENT REQUIRE11 MENTS.—

12 (1) The first sentence of section 1816(c)(1) of

13 that Act is amended—

14 (A) by striking the comma after ‘‘appro15 priate’’ and inserting ‘‘and’’; and

16 (B) by striking everything after ‘‘sub17 section (a)’’ up to the period.

18 (2) Section 1816(c)(1) of that Act is further

19 amended by striking the remaining sentences.

20 (3) The first sentence of section 1842(c)(1)(A)

21 of that Act is amended—

22 (A) by striking ‘‘shall provide’’ the first

23 place it occurs and inserting ‘‘may provide’’;

24 and
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1 (B) by striking everything after ‘‘this

2 part’’ up to the period.

3 (4) Section 1842(c)(1)(A) of that Act is further

4 amended by striking the remaining sentences.

5 (5) Section 2326(a) of the Deficit Reduction

6 Act of 1984 is repealed.

7 (f) ELIMINATION OF SEPARATE CARRIER FOR RAIL8 ROAD RETIREES.—Section 1842(g) of the Social Security

9 Act is repealed.

10 (g) EFFECTIVE DATE.—The amendments made by

11 the preceding subsections apply to contracts (including re12 newals) entered into after the third calendar month that

13 begins after the date of enactment of this Act.

14 SEC. 2104. FEDERAL CLEARINGHOUSE ON DEATH INFOR15 MATION.

16 (a) CLEARINGHOUSE DESIGNATION.—The heading

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

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

19 (b) ACQUISITION OF DISCLOSABLE DEATH INFORMA20 TION FROM STATES.—

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

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

23 periodically with’’ and inserting ‘‘to furnish periodi24 cally to the Secretary, for use in carrying out sub25 paragraph (B) and paragraphs (3) and (4),’’.
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1 (2)(A) Notwithstanding clause (ii) of section

2 6103(d)(4)(B) of the Internal Revenue Code of 1986

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

4 Budget Reconciliation Act of 1993 (Pub. L. 103–

5 66)), in order for a contract requiring a State to

6 furnish the Secretary of Health and Human Services

7 information concerning individuals with respect to

8 whom death certificates (or equivalent documents

9 maintained by the State or any subdivision thereof)

10 have been officially filed with it to meet the require11 ments of such section 6103(d)(4)(B), such contract

12 shall authorize the Secretary to use such information

13 and to redisclose such information to any Federal

14 agency or any agency of a State or political subdivi15 sion in accordance with section 205(r) of the Social

16 Security Act.

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

18 paragraph and, notwithstanding subparagraph (C)

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

20 of 1986 (as added by section 13444(a) of the Omni21 bus Budget Reconciliation Act of 1993 (Pub. L.

22 103–66)), the provisions of subparagraphs (A) and

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

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

25 1993, pursuant to a contract, furnishing the Sec-
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1 retary of Health and Human Services information

2 concerning individuals with respect to whom death

3 certificates (or equivalent documents maintained by

4 the State or any subdivision thereof) have been offi5 cially filed with it.

6 (C) Subparagraphs (A) and (B) of this para7 graph shall take effect at the same time as the

8 amendment made by section 13444(a) of the Omni9 bus Budget Reconciliation Act of 1993 takes effect.

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

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

12 Budget Reconciliation Act of 1993, the reference in

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

14 Revenue Code of 1986 shall be deemed to include a

15 reference to subparagraph (A) of this paragraph.

16 (c) PAYMENT TO STATES FOR DEATH INFORMA17 TION.—Section 205(r)(2) of the Social Security Act is

18 amended—

19 (1) by striking ‘‘the reasonable costs’’ and in20 serting ‘‘a reasonable amount’’; and

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

22 and inserting ‘‘furnishing’’.

23 (d) FEE FOR CLEARINGHOUSE INFORMATION.—

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

25 is amended by striking out ‘‘if’’ and all that follows,
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1 and inserting ‘‘, provided that such agency agrees to

2 pay the fees set by the Secretary pursuant to para3 graph (8).’’.

4 (2) Section 205(r)(4) of the Social Security Act

5 is amended—

6 (A) by inserting ‘‘and political subdivi7 sions’’ after ‘‘States’’ the first place such term

8 appears;

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

10 ‘‘any State, political subdivision, or combination

11 thereof’’; and

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

13 and inserting ‘‘provided such States and politi14 cal subdivisions agree to pay the fees set by the

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

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

17 amended by adding at the end a new paragraph as

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

19 the disclosure of information pursuant to this sub20 section. Such fees shall be in amounts sufficient to

21 cover all costs (including indirect costs) associated

22 with the Secretary’s responsibilities under this sub23 section. Fees collected pursuant to this paragraph

24 shall remain available, without fiscal year limitation,
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1 to the Secretary to cover the administrative costs of

2 carrying out this subsection.’’.

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

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

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

6 new paragraph:

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

8 State agency that provides Federally funded benefits,

9 upon the request of such agency, technical assistance on

10 the effective collection, dissemination, and use of death in11 formation available under this subsection for the purpose

12 of ensuring that such benefits are not erroneously paid

13 to deceased individuals.’’.

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

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

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

17 paragraph:

18 ‘‘(10) For purposes of this subsection, the term ‘Fed19 erally funded benefit’ means any payment funded in whole

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

21 (g) EFFECTIVE DATE.—Except as otherwise pro22 vided, the amendments made by this section shall take ef23 fect upon their enactment.
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1 SEC. 2105. CONTINUING DISABILITY REVIEWS.

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

3 amended by adding at the end of the paragraph the follow4 ing sentence: ‘‘From funds provided pursuant to this sub5 paragraph for the following fiscal years, not less than the

6 following amounts shall be available only for conducting

7 continuing disability reviews and related workloads: for

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

9 $47,200,000; for fiscal year 1996, $48,500,000; for fiscal

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

11 $51,100,000; and for fiscal year 1999, $52,500,000.’’.

12 SEC. 2106. PROVISION OF DATA BANK INFORMATION TO DE13 PARTMENT OF VETERANS AFFAIRS.

14 (a) ADDITIONAL PURPOSE OF DATA BANK.—

15 (1) The heading to section 1144 of the Social

16 Security Act is amended by striking ‘‘MEDICARE

17 AND MEDICAID’’ and inserting ‘‘HEALTH CARE’’.

18 (2) Subsection (a) of that section is amended—

19 (A) in the matter preceding paragraph (1),

20 by striking ‘‘Medicare and Medicaid’’ and in21 serting ‘‘Health Care’’;

22 (B) by striking ‘‘and’’ at the end of para23 graph (1);

24 (C) by substituting ‘‘, and’’ for the period

25 at the end of paragraph (2); and

26 (D) by adding at the end the following:
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1 ‘‘(3) assist in the identification of, and the col2 lection from, third parties responsible for payment

3 for health care items and services furnished to veter4 ans under chapter 17 of title 38, United States

5 Code.’’.

6 (b) DISCLOSURE OF DATA BANK INFORMATION TO

7 SECRETARY OF VETERANS AFFAIRS.—Subsection

8 (b)(2)(B) of that section is amended by inserting ‘‘to the

9 Secretary of Veterans Affairs and’’ after ‘‘Data Bank’’.

10 SEC. 2107. HUD MULTIFAMILY HOUSING DISPOSITION

11 PROCESS.

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

13 (1) the portfolio of multifamily housing project

14 mortgages insured by the FHA is severely troubled

15 and at risk of default, requiring the Secretary to in16 crease loss reserves from $5,500,000,000 in 1991 to

17 $11,900,000,000 in 1992 to cover estimated future

18 losses;

19 (2) the inventory of multifamily housing

20 projects owned by the Secretary has more than tri21 pled since 1989, and, by the end of 1993, may ex22 ceed 75,000 units;

23 (3) the cost to the Federal Government of own24 ing and maintaining multifamily housing projects es-
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1 calated to approximately $250,000,000 in fiscal year

2 1992;

3 (4) the inventory of multifamily housing

4 projects subject to mortgages held by the Secretary

5 has increased dramatically, to more than 2,400

6 mortgages, and approximately half of these mort7 gages, with over 230,000 units, are delinquent;

8 (5) the inventory of insured and formerly in9 sured multifamily housing projects is rapidly deterio10 rating, endangering tenants and neighborhoods;

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

12 need for housing that is affordable and habitable;

13 and

14 (7) the current statutory framework governing

15 the disposition of multifamily housing projects effec16 tively impedes the Government’s ability to dispose of

17 properties, protect tenants, and ensure that projects

18 are maintained over time.

19 (b) MANAGEMENT AND DISPOSITION OF MULTIFAM20 ILY HOUSING PROJECTS.—Section 203 of the Housing

21 and Community Development Amendments of 1978 (12

22 U.S.C. 1701z–11) is amended to read as follows:
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1 ‘‘SEC. 203. MANAGEMENT AND DISPOSITION OF MULTIFAM2 ILY HOUSING PROJECTS.

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

4 Development (in this section referred to as the ‘Secretary’)

5 shall manage or dispose of multifamily housing projects

6 that are owned by the Secretary or that are subject to

7 a mortgage held by the Secretary in a manner that—

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

9 Act and this section;

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

11 Federal Government; and

12 ‘‘(3) will, in the least costly fashion among rea13 sonable available alternatives, further the goals of—

14 ‘‘(A) preserving housing so that it can re15 main available to and affordable by low-income

16 persons;

17 ‘‘(B) preserving and revitalizing residential

18 neighborhoods;

19 ‘‘(C) maintaining existing housing stock in

20 a decent, safe, and sanitary condition;

21 ‘‘(D) minimizing the involuntary displace22 ment of tenants;

23 ‘‘(E) maintaining housing for the purpose

24 of providing rental housing, cooperative hous25 ing, and homeownership opportunities for low26 income persons; and
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1 ‘‘(F) minimizing the need to demolish mul2 tifamily housing projects.

3 The Secretary, in determining the manner in which a

4 project is to be managed or disposed of, may balance com5 peting goals relating to individual projects in a manner

6 that will further the purposes of this section.

7 ‘‘(b) DEFINITIONS.—For purposes of this section, the

8 following definitions shall apply:

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

10 term ‘multifamily housing project’ means any multi11 family rental housing project which is, or prior to

12 acquisition by the Secretary was, assisted or insured

13 under the National Housing Act, or was subject to

14 a loan under section 202 of the Housing Act of

15 1959.

16 ‘‘(2) SUBSIDIZED PROJECT.—The term ‘sub17 sidized project’ means a multifamily housing project

18 receiving any of the following types of assistance im19 mediately prior to the assignment of the mortgage

20 on such project to, or the acquisition of such mort21 gage by, the Secretary:

22 ‘‘(A) Below market interest rate mortgage

23 insurance under the proviso of section

24 221(d)(5) of the National Housing Act.
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1 ‘‘(B) Interest reduction payments made in

2 connection with mortgages insured under sec3 tion 236 of the National Housing Act.

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

5 of the Housing Act of 1959.

6 ‘‘(D) Assistance in the form of—

7 ‘‘(i) rent supplement payments under

8 section 101 of the Housing and Urban De9 velopment Act of 1965;

10 ‘‘(ii) housing assistance payments

11 made under section 23 of the United

12 States Housing Act of 1937 (as in effect

13 before January 1, 1975); or

14 ‘‘(iii) housing assistance payments

15 made under section 8 of the United States

16 Housing Act of 1937 (excluding payments

17 made for tenant-based assistance under

18 section 8),

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

20 Housing and Community Development Act of

21 1987) such assistance payments are made to

22 more than 50 percent of the units in the

23 project.

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

25 term ‘formerly subsidized project’ means a multi-
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1 family housing project owned by the Secretary that

2 was a subsidized project immediately prior to its ac3 quisition by the Secretary.

4 ‘‘(4) UNSUBSIDIZED PROJECT.—The term

5 ‘unsubsidized project’ means a multifamily housing

6 project owned by the Secretary that is not a sub7 sidized project or a formerly subsidized project.

8 ‘‘(c) MANAGEMENT OR DISPOSITION OF PROP9 ERTY.—

10 ‘‘(1) DISPOSITION TO PURCHASERS.—The Sec11 retary is authorized, in carrying out this section, to

12 dispose of a multifamily housing project owned by

13 the Secretary on a negotiated, competitive bid, or

14 other basis, on such terms as the Secretary deems

15 appropriate considering the low-income character of

16 the project and the requirements of subsection (a),

17 to a purchaser determined by the Secretary to be ca18 pable of—

19 ‘‘(A) satisfying the conditions of the dis20 position;

21 ‘‘(B) implementing a sound financial and

22 physical management program that is designed

23 to enable the project to meet anticipated oper24 ating and repair expenses to ensure that the
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1 project will remain in decent, safe, and sanitary

2 condition;

3 ‘‘(C) responding to the needs of the ten4 ants and working cooperatively with tenant or5 ganizations;

6 ‘‘(D) providing adequate organizational

7 staff and financial resources to the project; and

8 ‘‘(E) meeting such other requirements as

9 the Secretary may determine.

10 ‘‘(2) CONTRACTING FOR MANAGEMENT SERV11 ICES.—The Secretary is authorized, in carrying out

12 this section—

13 ‘‘(A) to contract for management services

14 for a multifamily housing project that is owned

15 by the Secretary (or for which the Secretary is

16 mortgagee in possession), on a negotiated, com17 petitive bid, or other basis at a price deter18 mined by the Secretary to be reasonable, with

19 a manager the Secretary has determined is ca20 pable of—

21 ‘‘(i) implementing a sound financial

22 and physical management program that is

23 designed to enable the project to meet an24 ticipated operating and maintenance ex25 penses to ensure that the project will re-
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1 main in decent, safe, and sanitary condi2 tion;

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

4 tenants and working cooperatively with

5 tenant organizations;

6 ‘‘(iii) providing adequate organiza7 tional, staff, and other resources to imple8 ment a management program determined

9 by the Secretary; and

10 ‘‘(iv) meeting such other requirements

11 as the Secretary may determine; and

12 ‘‘(B) to require the owner of a multifamily

13 housing project that is subject to a mortgage

14 held by the Secretary to contract for manage15 ment services for the project in the manner de16 scribed in subparagraph (A).

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

18 ‘‘(1) HOUSING PROJECTS OWNED BY THE SEC19 RETARY.—In the case of multifamily housing

20 projects that are owned by the Secretary (or for

21 which the Secretary is mortgagee in possession), the

22 Secretary shall—

23 ‘‘(A) to the greatest extent possible, main24 tain all such occupied projects in a decent, safe,

25 and sanitary condition;
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1 ‘‘(B) to the greatest extent possible, main2 tain full occupancy in all such projects; and

3 ‘‘(C) maintain all such projects for pur4 poses of providing rental or cooperative hous5 ing.

6 ‘‘(2) HOUSING PROJECTS SUBJECT TO A MORT7 GAGE HELD BY THE SECRETARY.—In the case of

8 any multifamily housing project that is subject to a

9 mortgage held by the Secretary, the Secretary shall

10 require the owner of the project to carry out the re11 quirements of paragraph (1).

12 ‘‘(e) REQUIRED ASSISTANCE.—In carrying out the

13 goal specified in subsection (a)(3)(A), the Secretary shall

14 take not less than one of the following actions:

15 ‘‘(1) CONTRACT WITH OWNER.—Enter into con16 tracts under section 8 of the United States Housing

17 Act of 1937, to the extent budget authority is avail18 able, with owners of multifamily housing projects

19 that are acquired by a purchaser other than the Sec20 retary at foreclosure or after sale by the Secretary.

21 ‘‘(A) SUBSIDIZED OR FORMERLY SUB22 SIDIZED PROJECTS RECEIVING CERTAIN ASSIST23 ANCE.—In the case of a subsidized or formerly

24 subsidized project referred to in subparagraphs

25 (A) through (C) of subsection (b)(2)—
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1 ‘‘(i) the contract shall be sufficient to

2 assist at least all units covered by an as3 sistance contract under any of the authori4 ties referred to in subsection (b)(2)(D) be5 fore acquisition, unless the Secretary acts

6 pursuant to the provisions of subparagraph

7 (C);

8 ‘‘(ii) in the case of units requiring

9 project-based rental assistance pursuant to

10 this paragraph that are occupied by fami11 lies who are not eligible for assistance

12 under section 8, a contract under this sub13 paragraph shall also provide that when a

14 vacancy occurs, the owner shall lease the

15 available unit to a family eligible for assist16 ance under section 8; and

17 ‘‘(iii) the Secretary shall take actions

18 to ensure the availability and affordability,

19 as defined in paragraph (3)(B), for the re20 maining useful life of the project, as de21 fined by the Secretary, of any unit located

22 in any project referred to in subparagraphs

23 (A) through (C) of subsection (b)(2) that

24 does not otherwise receive project-based as25 sistance under this subparagraph. To carry
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1 out this clause, the Secretary may require

2 purchasers to establish use or rent restric3 tions maintaining affordability, as defined

4 in paragraph (3)(B).

5 ‘‘(B) SUBSIDIZED OR FORMERLY SUB6 SIDIZED PROJECTS RECEIVING OTHER ASSIST7 ANCE.—In the case of a subsidized or formerly

8 subsidized project referred to in subsection

9 (b)(2)(D)—

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

11 assist at least all units in the project that

12 are covered, or were covered immediately

13 before foreclosure on or acquisition of the

14 project by the Secretary, by an assistance

15 contract under any of the authorities re16 ferred to in such subsection, unless the

17 Secretary acts pursuant to provisions of

18 subparagraph (C); and

19 ‘‘(ii) in the case of units requiring

20 project-based rental assistance pursuant to

21 this paragraph that are occupied by fami22 lies who are not eligible for assistance

23 under section 8, a contract under this

24 paragraph shall also provide that when a

25 vacancy occurs, the owner shall lease the
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1 available unit to a family eligible for assist2 ance under section 8.

3 ‘‘(C) EXCEPTIONS TO SUBPARAGRAPHS (A)

4 AND (B).—In lieu of providing project-based as5 sistance under subparagraph (A) or (B), the

6 Secretary may require certain units in

7 unsubsidized projects to contain use restrictions

8 providing that such units will be available to

9 and affordable by very low-income families for

10 the remaining useful life of the project, as de11 fined by the Secretary, if—

12 ‘‘(i) the Secretary matches any reduc13 tion in units otherwise required to be as14 sisted with project-based assistance under

15 subparagraph (A) or (B) with at least an

16 equivalent increase in units made afford17 able to very low-income persons within

18 unsubsidized projects;

19 ‘‘(ii) low-income tenants residing in

20 units otherwise requiring project-based as21 sistance under subparagraph (A) or (B)

22 upon disposition receive section 8 tenant23 based assistance; and

24 ‘‘(iii) the units described in clause (i)

25 are located within the same market area.
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1 ‘‘(D) CONTRACT REQUIREMENTS FOR

2 UNSUBSIDIZED PROJECTS.—Notwithstanding

3 actions taken pursuant to subparagraph (C), in

4 unsubsidized projects, the contract shall at least

5 be sufficient to provide—

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

7 all units that are covered or were covered

8 immediately before foreclosure or acquisi9 tion by an assistance contract under—

10 ‘‘(I) section 8(b)(2) of the United

11 States Housing Act of 1937 (as such

12 section existed before October 1,

13 1983) (new construction and substan14 tial rehabilitation); section 8(b) of

15 such Act (property disposition); sec16 tion 8(d)(2) of such Act (project17 based certificates); section 8(e)(2) of

18 such Act (moderate rehabilitation);

19 section 23 of such Act (as in effect

20 before January 1, 1975); or section

21 101 of the Housing and Urban Devel22 opment Act of 1965 (rent supple23 ments); or

24 ‘‘(II) section 8 of the United

25 States Housing Act of 1937, following
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1 conversion from section 101 of the

2 Housing and Urban Development Act

3 of 1965; and

4 ‘‘(ii) tenant-based assistance under

5 section 8 of the United States Housing Act

6 of 1937 for tenants currently residing in

7 units that were covered by an assistance

8 contract under the Loan Management Set9 Aside program under section 8(b) of the

10 United States Housing Act of 1937 imme11 diately before foreclosure or acquisition of

12 the project by the Secretary.

13 ‘‘(2) ANNUAL CONTRIBUTION CONTRACTS.—In

14 the case of multifamily housing projects that are ac15 quired by a purchaser other than the Secretary at

16 foreclosure or after sale by the Secretary, enter into

17 annual contribution contracts with public housing

18 agencies to provide tenant-based assistance under

19 section 8 of the United States Housing Act of 1937

20 to all low-income families who are eligible for such

21 assistance on the date that the project is acquired

22 by the purchaser. The Secretary shall take action

23 under this paragraph only after making a deter24 mination that there is available in the area an ade25 quate supply of habitable affordable housing for low-
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1 income families. Actions taken pursuant to this

2 paragraph may be taken in connection with not

3 more than 10 percent of the aggregate number of

4 units in subsidized or formerly subsidized projects

5 disposed of by the Secretary annually.

6 ‘‘(3) OTHER ASSISTANCE.—

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

8 the authority provided under the National

9 Housing Act, reduce the selling price, apply use

10 or rent restrictions on certain units, or provide

11 other financial assistance to the owners of mul12 tifamily housing projects that are acquired by a

13 purchaser other than the Secretary at fore14 closure, or after sale by the Secretary, on terms

15 which will ensure that—

16 ‘‘(i) at least those units otherwise re17 quired to receive project-based section 8

18 assistance pursuant to subparagraphs (A),

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

20 to and affordable by low-income persons;

21 and

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

23 the project, as defined by the Secretary,

24 there shall be in force such use or rent re25 strictions as the Secretary may prescribe.
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1 ‘‘(B) DEFINITION.—A unit shall be consid2 ered affordable under this paragraph if—

3 ‘‘(i) for very low-income tenants, the

4 rent for such unit does not exceed 30 per5 cent of 50 percent of the area median in6 come, as determined by the Secretary, with

7 adjustments for family size; and

8 ‘‘(ii) for low-income tenants other

9 than very low-income tenants, the rent for

10 such unit does not exceed 30 percent of 80

11 percent of the area median income, as de12 termined by the Secretary, with adjust13 ments for family size.

14 ‘‘(C) VERY LOW-INCOME TENANTS.—The

15 Secretary shall provide assistance under section

16 8 of the United States Housing Act of 1937 to

17 any very low-income tenant currently residing

18 in a unit otherwise required to receive project19 based assistance under section 8, pursuant to

20 subparagraph (A), (B), or (D) of paragraph

21 (1), if the rents charged such tenants as a re22 sult of actions taken pursuant to this para23 graph exceed the amount payable as rent under

24 section 3(a) of the United States Housing Act

25 of 1937.
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1 ‘‘(4) TRANSFER FOR USE UNDER OTHER PRO2 GRAMS OF THE SECRETARY.—

3 ‘‘(A) IN GENERAL.—Enter into an agree4 ment providing for the transfer of a multifamily

5 housing project—

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

7 of the project as public housing; or

8 ‘‘(ii) to an owner or another appro9 priate entity for use of the project under

10 section 202 of the Housing Act of 1959 or

11 under section 811 of the Cranston-Gon12 zalez National Affordable Housing Act.

13 ‘‘(B) REQUIREMENTS FOR AGREEMENT.—

14 The agreement described in subparagraph (A)

15 shall—

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

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

19 to assure use of the project under the pub20 lic housing, section 202, and section 811

21 programs; and

22 ‘‘(ii) ensure that no current tenant

23 will be displaced as a result of actions

24 taken under this paragraph.
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1 ‘‘(f) OTHER ASSISTANCE.—In addition to the actions

2 authorized by subsection (e), the Secretary may take any

3 of the following actions:

4 ‘‘(1) SHORT-TERM LOANS.—Provide short-term

5 loans to facilitate the sale of multifamily housing

6 projects to nonprofit organizations or to public agen7 cies if—

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

9 in advance in an appropriations Act;

10 ‘‘(B) such loans are for a term of not more

11 than 5 years;

12 ‘‘(C) the Secretary is presented with satis13 factory documentation, evidencing a commit14 ment of permanent financing to replace such

15 short-term loan, from a lender who meets

16 standards set forth by the Secretary; and

17 ‘‘(D) the terms of such loans are consist18 ent with prevailing practices in the marketplace

19 or the provision of such loans results in no cost

20 to the Government, as defined in section 502 of

21 the Congressional Budget Act.

22 ‘‘(2) TENANT-BASED ASSISTANCE.—In connec23 tion with projects referred to in subsection (e), make

24 available tenant-based assistance under section 8 of

25 the United States Housing Act of 1937 to very low-
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1 income families (as defined in section 3(b)(2) of the

2 United States Housing Act of 1937) that do not

3 otherwise qualify for project-based assistance.

4 ‘‘(3) ALTERNATIVE USES.—

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

6 other provision of law, and subject to notice to

7 and comment from existing tenants, allow not

8 more than—

9 ‘‘(i) 5 percent of the total number of

10 units in multifamily housing projects that

11 are disposed of by the Secretary during

12 any 1-year period to be made available for

13 uses other than rental or cooperative uses,

14 including low-income homeownership op15 portunities, or in any particular project,

16 community space, office space for tenant

17 or housing-related service providers or se18 curity programs, or small business uses, if

19 such uses benefit the tenants of the

20 project; and

21 ‘‘(ii) 5 percent of the total number of

22 units in multifamily housing projects that

23 are disposed of by the Secretary during

24 any 1-year period to be used in any man25 ner, if the Secretary and the unit of gen-
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1 eral local government or area-wide govern2 ing body determine that such use will fur3 ther fair housing, community development,

4 or neighborhood revitalization goals.

5 ‘‘(B) DISPLACEMENT PROTECTION.—The

6 Secretary shall make available tenant-based

7 rental assistance under section 8 of the United

8 States Housing Act of 1937 to any tenant dis9 placed as a result of actions taken by the Sec10 retary pursuant to subparagraph (A), and the

11 Secretary shall take such actions as the Sec12 retary determines necessary to ensure the suc13 cessful use of any tenant-based assistance.

14 ‘‘(g) AUTHORIZATION OF USE OR RENT RESTRIC15 TIONS IN UNSUBSIDIZED PROJECTS.—In carrying out the

16 goals specified in subsection (a), the Secretary may re17 quire certain units in unsubsidized projects to contain use

18 or rent restrictions providing that such units will be avail19 able to and affordable by very low-income persons for the

20 remaining useful life of the property, as defined by the

21 Secretary.

22 ‘‘(h) CONTRACT REQUIREMENTS.—

23 ‘‘(1) CONTRACT TERM.—

24 ‘‘(A) IN GENERAL.—Contracts for project25 based rental assistance under section 8 of the
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1 United States Housing Act of 1937 provided

2 pursuant to this section shall be for a term of

3 not more than 15 years; and

4 ‘‘(B) CONTRACT TERM OF LESS THAN 15

5 YEARS.—Notwithstanding subparagraph (A), to

6 the extent that units receive project-based as7 sistance for a contract term of less than 15

8 years, the Secretary shall require that rents

9 charged to tenants for such units not exceed

10 the amount payable for rent under section 3(a)

11 of the United States Housing Act of 1937 for

12 a period of at least 15 years.

13 ‘‘(2) CONTRACT RENT.—

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

15 set contract rents for section 8 project-based

16 rental contracts issued under this section at lev17 els that, in conjunction with other resources

18 available to the purchaser, provide for the nec19 essary costs of rehabilitation of such project

20 and do not exceed the percentage of the existing

21 housing fair market rents for the area (as de22 termined by the Secretary under section 8(c) of

23 the United States Housing Act of 1937) as the

24 Secretary may prescribe.
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1 ‘‘(B) UP-FRONT GRANTS AND LOANS.—If

2 such an approach is determined to be more

3 cost-effective, the Secretary may utilize the

4 budget authority provided for project-based sec5 tion 8 contracts issued under this section to—

6 ‘‘(i) provide project-based section 8

7 rental assistance; and

8 ‘‘(ii)(I) provide up-front grants for the

9 necessary cost of rehabilitation; or

10 ‘‘(II) pay for any cost to the Govern11 ment, as defined in section 502 of the Con12 gressional Budget Act, for loans made pur13 suant to subsection (f)(1).

14 ‘‘(i) DISPOSITION PLAN.—

15 ‘‘(1) IN GENERAL.—Prior to the sale of a mul16 tifamily housing project that is owned by the Sec17 retary, the Secretary shall develop a disposition plan

18 for the project that specifies the minimum terms

19 and conditions of the Secretary for disposition of the

20 project, the initial sales price that is acceptable to

21 the Secretary, and the assistance that the Secretary

22 plans to make available to a prospective purchaser

23 in accordance with this section. The initial sales

24 price shall reflect the intended use of the property

25 after sale.
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1 ‘‘(2) COMMUNITY AND TENANT INPUT INTO

2 DISPOSITION PLANS AND SALES.—

3 ‘‘(A) IN GENERAL.—In carrying out this

4 section, the Secretary shall develop procedures

5 to obtain appropriate and timely input into dis6 position plans from officials of the unit of gen7 eral local government affected, the community

8 in which the project is situated, and the tenants

9 of the project.

10 ‘‘(B) TENANT ORGANIZATIONS.—The Sec11 retary shall develop procedures to facilitate,

12 where feasible and appropriate, the sale of mul13 tifamily housing projects to existing tenant or14 ganizations with demonstrated capacity or to

15 public or nonprofit entities which represent or

16 are affiliated with existing tenant organizations.

17 ‘‘(C) TECHNICAL ASSISTANCE.—

18 ‘‘(i) USE OF FUNDS.—To carry out

19 the procedures developed under subpara20 graphs (A) and (B), the Secretary is au21 thorized to provide technical assistance, di22 rectly or indirectly, and to use amounts ap23 propriated for technical assistance under

24 the Emergency Low Income Housing Pres25 ervation Act of 1987, the Low-Income
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1 Housing Preservation and Resident Home2 ownership Act of 1990, subtitle B of title

3 IV of the Cranston-Gonzalez National Af4 fordable Housing Act, or under this section

5 for the provision of technical assistance

6 under this section.

7 ‘‘(ii) SOURCE OF FUNDS.—Recipients

8 of technical assistance funding under the

9 Emergency Low Income Housing Preserva10 tion Act of 1987, the Low-Income Housing

11 Preservation and Resident Homeownership

12 Act of 1990, subtitle B of title IV of the

13 Cranston-Gonzalez National Affordable

14 Housing Act, or under this section shall be

15 permitted to provide technical assistance to

16 the extent of such funding under any of

17 such programs or under this section, not18 withstanding the source of funding.

19 ‘‘(j) RIGHT OF FIRST REFUSAL.—

20 ‘‘(1) PROCEDURE.—

21 ‘‘(A) NOTIFICATION BY SECRETARY OF

22 THE ACQUISITION OF TITLE.—Not later than

23 30 days after acquiring title to a project, the

24 Secretary shall notify the unit of general local

25 government and the State agency or agencies
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1 designated by the Governor of the acquisition of

2 such title.

3 ‘‘(B) EXPRESSION OF INTEREST.—Not

4 later than 45 days after receiving notification

5 from the Secretary under subparagraph (A),

6 the unit of general local government or des7 ignated State agency may submit to the Sec8 retary a preliminary expression of interest in

9 the project. The Secretary may take such ac10 tions as may be necessary to require the unit of

11 general local government or designated State

12 agency to substantiate such interest.

13 ‘‘(C) TIMELY EXPRESSION OF INTER14 EST.—If the unit of general local government or

15 designated State agency has expressed interest

16 in the project before the expiration of the 45-

17 day period referred to in subparagraph (B), and

18 has substantiated such interest if requested, the

19 Secretary, upon approval of a disposition plan

20 for a project, shall notify the unit of general

21 local government and designated State agency

22 of the terms and conditions of the disposition

23 plan and give the unit of general local govern24 ment or designated State agency not more than
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1 90 days after the date of such notification to

2 make an offer to purchase the project.

3 ‘‘(D) NO TIMELY EXPRESSION OF INTER4 EST.—If the unit of general local government or

5 designated State agency does not express inter6 est before the expiration of the 45-day period

7 referred to in subparagraph (B), or does not

8 substantiate an expressed interest if requested,

9 the Secretary, upon approval of a disposition

10 plan, may offer the project for sale to any inter11 ested person or entity.

12 ‘‘(2) ACCEPTANCE OF OFFERS.—Where the

13 Secretary has given the unit of general local govern14 ment or designated State agency 90 days to make

15 an offer to purchase the project, the Secretary shall

16 accept an offer that complies with the terms and

17 conditions of the disposition plan. The Secretary

18 may accept an offer that does not comply with the

19 terms and conditions of the disposition plan if the

20 Secretary determines that the offer will further the

21 goals specified in subsection (a) by actions that in22 clude extension of the duration of low-income afford23 ability restrictions or otherwise restructuring the

24 transaction in a manner that enhances the long-term

25 affordability for low-income persons. The Secretary
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1 shall, in particular, have discretion to reduce the ini2 tial sales price in exchange for the extension of low3 income affordability restrictions beyond the period of

4 assistance contemplated by the attachment of assist5 ance pursuant to subsection (e). If the Secretary and

6 the unit of general local government or designated

7 State agency cannot reach agreement within 90

8 days, the Secretary may offer the project for sale to

9 the general public.

10 ‘‘(3) PURCHASE BY UNIT OF GENERAL LOCAL

11 GOVERNMENT OR DESIGNATED STATE AGENCY.—

12 Notwithstanding any other provision of law, a unit

13 of general local government (including a public hous14 ing agency) or designated State agency may pur15 chase a subsidized or formerly subsidized project in

16 accordance with this subsection.

17 ‘‘(4) APPLICABILITY.—This subsection shall

18 apply to projects that are acquired on or after the

19 effective date of this subsection. With respect to

20 projects acquired before such effective date, the Sec21 retary may apply—

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

23 and (3) of section 203(e) as such paragraphs

24 existed immediately before the effective date of

25 this subsection; or
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1 ‘‘(B) the requirements of paragraphs (1)

2 and (2) of this subsection, if the Secretary gives

3 the unit of general local government or des4 ignated State agency—

5 ‘‘(i) 45 days to express interest in the

6 project; and

7 ‘‘(ii) if the unit of general local gov8 ernment or designated State agency ex9 presses interest in the project before the

10 expiration of the 45-day period, and sub11 stantiates such interest if requested, 90

12 days from the date of notification of the

13 terms and conditions of the disposition

14 plan to make an offer to purchase the

15 project.

16 ‘‘(k) DISPLACEMENT OF TENANTS AND RELOCATION

17 ASSISTANCE.—

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

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

20 to, a multifamily housing project that is owned by

21 the Secretary (or for which the Secretary is mortga22 gee in possession), the Secretary shall identify ten23 ants who will be displaced, and shall notify all such

24 tenants of their pending displacement and of any re25 location assistance which may be available. In the
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1 case of a multifamily housing project that is not

2 owned by the Secretary (and for which the Secretary

3 is not mortgagee in possession), the Secretary shall

4 require the owner of the project to carry out the re5 quirements of this paragraph.

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

7 Secretary shall assure for any such tenant (who con8 tinues to meet applicable qualification standards)

9 the right—

10 ‘‘(A) to return, whenever possible, to a re11 paired unit;

12 ‘‘(B) to occupy a unit in another multifam13 ily housing project owned by the Secretary;

14 ‘‘(C) to obtain housing assistance under

15 the United States Housing Act of 1937; or

16 ‘‘(D) to receive any other available reloca17 tion assistance as the Secretary determines to

18 be appropriate.

19 ‘‘(l) MORTGAGE AND PROJECT SALES.—

20 ‘‘(1) IN GENERAL.—The Secretary may not ap21 prove the sale of any loan or mortgage held by the

22 Secretary (including any loan or mortgage owned by

23 the Government National Mortgage Association) on

24 any subsidized project or formerly subsidized

25 project, unless such sale is made as part of a trans-
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1 action that will ensure that such project will con2 tinue to operate at least until the maturity date of

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

4 rental housing on terms at least as advantageous to

5 existing and future tenants as the terms required by

6 the program under which the loan or mortgage was

7 made or insured prior to the assignment of the loan

8 or mortgage on such project to the Secretary.

9 ‘‘(2) SALE OF CERTAIN PROJECTS.—The Sec10 retary may not approve the sale of any subsidized

11 project—

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

13 the Secretary; or

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

15 provision of any additional subsidy funds by the

16 Secretary or a recasting of the mortgage, unless

17 such sale is made as part of a transaction that

18 will ensure that such project will continue to

19 operate at least until the maturity date of the

20 loan or mortgage, in a manner that will provide

21 rental housing on terms at least as advan22 tageous to existing and future tenants as the

23 terms required by the program under which the

24 loan or mortgage was made or insured prior to

25 the proposed sale of the project.
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1 ‘‘(3) MORTGAGE SALES TO STATE AND LOCAL

2 GOVERNMENTS.—Notwithstanding any provision of

3 law that may require competitive sales or bidding,

4 the Secretary may carry out negotiated sales of sub5 sidized or formerly subsidized mortgages held by the

6 Secretary, without the competitive selection of pur7 chasers or intermediaries, to units of general local

8 government or State agencies, or groups of investors

9 that include at least one such unit of general local

10 government or State agency, if the negotiations are

11 conducted with such agencies, except that—

12 ‘‘(A) the terms of any such sale shall in13 clude the agreement of the purchasing agency

14 or unit of local government or State agency to

15 act as mortgagee or owner of a beneficial inter16 est in such mortgages, in a manner consistent

17 with maintaining the projects that are subject

18 to such mortgages for occupancy by the general

19 tenant group intended to be served by the appli20 cable mortgage insurance program, including,

21 to the extent the Secretary determines appro22 priate, authorizing such unit of local govern23 ment or State agency to enforce the provisions

24 of any regulatory agreement or other program
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1 requirements applicable to the related projects;

2 and

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

4 shall be, in the determination of the Secretary,

5 the best prices that may be obtained for such

6 mortgages from a unit of general local govern7 ment or State agency, consistent with the ex8 pectation and intention that the projects fi9 nanced will be retained for use under the appli10 cable mortgage insurance program for the life

11 of the initial mortgage insurance contract.

12 ‘‘(4) SALE OF MORTGAGES COVERING

13 UNSUBSIDIZED PROJECTS.—Notwithstanding any

14 other provision of law, the Secretary may sell mort15 gages held on unsubsidized projects on such terms

16 and conditions as the Secretary may prescribe.

17 ‘‘(m) REPORT TO CONGRESS.—Not later than June

18 1 of each year, the Secretary shall submit to the Commit19 tee on Banking, Housing, and Urban Affairs of the Senate

20 and the Committee on Banking, Finance and Urban Af21 fairs of the House of Representatives, a report describing

22 the status of multifamily housing projects owned by or

23 subject to mortgages held by the Secretary, which report

24 shall include—
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1 ‘‘(1) the name, address, and size of each

2 project;

3 ‘‘(2) the nature and date of assignment;

4 ‘‘(3) the status of the mortgage;

5 ‘‘(4) the physical condition of the project;

6 ‘‘(5) an occupancy profile of the project, includ7 ing the income, family size, and race of current resi8 dents as well as the rents paid by such residents;

9 ‘‘(6) the proportion of units in a project that

10 are vacant;

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

12 mortgagee in possession;

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

14 sale;

15 ‘‘(9) the date of acquisition by the Secretary;

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

17 disposition sale;

18 ‘‘(11) a description of actions undertaken pur19 suant to this section, including—

20 ‘‘(A) a comparison of results between ac21 tions taken after enactment of the Housing and

22 Community Development Act of 1993 and ac23 tions taken in years prior to such enactment;

24 ‘‘(B) a description of any impediments to

25 the disposition or management of multifamily
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•S 1843 IS

1 housing projects, together with a recommenda2 tion of proposed legislative or regulatory

3 changes designed to ameliorate such impedi4 ments;

5 ‘‘(C) a description of actions taken to re6 structure or commence foreclosure on delin7 quent multifamily mortgages held by the De8 partment; and

9 ‘‘(D) a description of actions taken to

10 monitor and prevent the default of multifamily

11 housing mortgages held by the Federal Housing

12 Administration;

13 ‘‘(12) a description of any of the functions per14 formed in connection with this section that are con15 tracted out to public or private entities or to States,

16 including—

17 ‘‘(A) the costs associated with such delega18 tion;

19 ‘‘(B) the implications of contracting out or

20 delegating such functions for current Depart21 ment field or regional personnel, including an22 ticipated personnel or work load reductions;

23 ‘‘(C) necessary oversight required by De24 partment personnel, including anticipated per25 sonnel hours devoted to such oversight;
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1 ‘‘(D) a description of any authority grant2 ed to such public or private entities or States

3 in conjunction with the functions that have

4 been delegated or contracted out or that are not

5 otherwise available for use by Department per6 sonnel; and

7 ‘‘(E) the extent to which such public or

8 private entities or States include tenants of

9 multifamily housing projects in the disposition

10 planning for such projects;

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

12 under subsection (j) during the preceding year; and

13 ‘‘(14) a description and assessment of the rules,

14 guidelines, and practices governing the Department’s

15 management of multifamily housing projects that

16 are owned by the Secretary (or for which the Sec17 retary is mortgagee in possession) as well as the

18 steps that the Secretary has taken or plans to take

19 to improve the management performance of the De20 partment.’’.

21 (c) EFFECTIVE DATE.—The Secretary shall, by no22 tice published in the Federal Register, which shall take

23 effect upon publication, establish such requirements as

24 may be necessary to implement the amendments made by

25 this section. The notice shall invite public comments, and
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1 the Secretary shall issue final regulations based on the ini2 tial notice, taking into account any public comments re3 ceived.

4 TITLE III—IMPROVING GOVERN5 MENT PERFORMANCE AND

6 ACCOUNTABILITY

7 SEC. 3001. CONGRESSIONAL ESTABLISHMENT OF PROGRAM

8 GOALS.

9 (a) IN GENERAL.—Effective on and after January 3,

10 1997, it shall not be in order for either the Senate or the

11 House of Representatives to consider any bill or resolution

12 which provides for the authorization of appropriations or

13 for the appropriation of funds to an agency, unless such

14 bill or resolution specifies for each program activity, one

15 or more performance goals for each year covered by such

16 authorization or appropriation.

17 (b) DEFINITIONS.—For purposes of this section, the

18 term—

19 (1) ‘‘agency’’ has the same meaning as such

20 term is defined under section 306(f) of title 5,

21 United States Code; and

22 (2) ‘‘program activity’’ means a specific activity

23 or project as listed in the program and financing

24 schedules of the annual budget of the United States

25 Government.
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1 (c) APPROPRIATION ACTS.—An appropriation Act

2 may specify a lesser amount of a performance goal to be

3 achieved than is provided for by the authorizing legisla4 tion, but may not change the specific type of goal.

5 (d) WAIVER.—This section may be waived or sus6 pended in the Senate only by the affirmative vote of three7 fifths of the Members, duly chosen and sworn, and in the

8 House of Representatives only by the affirmative vote of

9 a majority of the Members voting.

10 (e) RULEMAKING POWER OF CONGRESS.—The provi11 sions of this section are enacted by the Congress—

12 (1) as an exercise of the rulemaking power of

13 the Senate and the House of Representatives and as

14 such shall be considered as part of the rules of each

15 House, and shall supersede other rules only to the

16 extent that they are inconsistent therewith; and

17 (2) with full recognition of the constitutional

18 right of either House to change the rules (so far as

19 they relate to the procedures of that House) at any

20 time, in the same manner, and to the same extent

21 as in the case of any other rule of that House.
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1 SEC. 3002. PERIODIC STEP INCREASES FOR EMPLOYEES

2 ONLY FOR PERIODS OF ACCEPTABLE LEVEL

3 OF COMPETENCE.

4 Section 5335(a) of title 5, United States Code, is

5 amended in the matter following paragraph (3)—

6 (1) in subparagraph (A) by striking out ‘‘and’’

7 after the semicolon;

8 (2) in subparagraph (B) by striking out the pe9 riod and inserting in lieu thereof a semicolon and

10 ‘‘and’’; and

11 (3) by adding at the end thereof the following

12 new subparagraph:

13 ‘‘(C) each period of calendar weeks de14 scribed under paragraphs (1), (2), and (3) shall

15 be increased by the total number of calendar

16 weeks within such period that the work of the

17 employee is not of an acceptable level of com18 petence as determined by the head of the

19 agency.’’.

20 SEC. 3003. USE OF INDIVIDUAL PERFORMANCE RATINGS IN

21 ORDER OF RETENTION DURING A REDUC22 TION IN FORCE.

23 Section 3502 of title 5, United States Code, is

24 amended—
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1 (1) in the first sentence of subsection (a) by in2 serting ‘‘, in accordance with subsection (f),’’ after

3 ‘‘give due effect’’; and

4 (2) by adding after subsection (e) the following

5 new subsection:

6 ‘‘(f) In prescribing regulations under the provisions

7 of subsection (a), the efficiency or performance ratings of

8 employees described under paragraph (4) of such sub9 section shall be a more significant factor in the retention

10 of employees than the following considered as a single fac11 tor:

12 ‘‘(1) Tenure of employment described under

13 paragraph (1) of such subsection.

14 ‘‘(2) Length of service described under para15 graph (3) of such subsection.’’.

16 SEC. 3004. COMPREHENSIVE FEDERAL ACCOUNTING

17 STANDARDS.

18 The Federal Accounting Standards Advisory Board

19 shall submit a recommendation for comprehensive and

20 uniform Federal accounting and financial standards to the

21 Congress and the President not later than December 31,

22 1994.

23 SEC. 3005. ANNUAL FINANCIAL REPORTS.

24 (a) Section 3515 of title 31, United States Code, is

25 amended to read as follows:
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1 ‘‘§ 3515. Financial statements of agencies

2 ‘‘(a) Not later than March 1 of 1997 and each year

3 thereafter, the head of each executive agency identified in

4 section 901(b) of this title shall prepare and submit to

5 the Director of the Office of Management and Budget an

6 audited financial statement for the preceding fiscal year,

7 covering all accounts and associated activities of each of8 fice, bureau, and activity of the agency.

9 ‘‘(b) Each audited financial statement of an executive

10 agency under this section shall reflect—

11 ‘‘(1) the overall financial position of the offices,

12 bureaus, and activities covered by the statement, in13 cluding assets and liabilities thereof; and

14 ‘‘(2) results of operations of those offices, bu15 reaus, and activities.

16 ‘‘(c) The Director of the Office of Management and

17 Budget shall prescribe the form and content of the finan18 cial statements of executive agencies under this section,

19 consistent with applicable accounting principles, stand20 ards, and requirements.

21 ‘‘(d) The Director of the Office of Management and

22 Budget may waive the application of all or part of sub23 section (a).

24 ‘‘(e) Not later than March 1 of 1996, the head of

25 each Executive agency identified in section 901(b) of this

26 title and designated by the Director of the Office of Man-
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1 agement and Budget shall prepare and submit to the Di2 rector of the Office of Management and Budget an audited

3 financial statement for the preceding fiscal year, covering

4 all accounts and associated activities of each office, bu5 reau, and activity of the agency.

6 ‘‘(f) Not later than March 31 of 1994, 1995, and,

7 for Executive agencies not designated by the Director of

8 the Office of Management and Budget under subsection

9 (e), 1996, the head of each Executive agency identified

10 in section 901(b) of this title shall prepare and submit

11 to the Director of the Office of Management and Budget

12 a financial statement for the preceding fiscal year, cover13 ing—

14 ‘‘(1) each revolving fund and trust fund of the

15 agency; and

16 ‘‘(2) to the extent practicable, the accounts of

17 each office, bureau, and activity of the agency which

18 performed substantial commercial functions during

19 the preceding fiscal year.

20 ‘‘(g) for purposes of subsection (f), the term ‘commer21 cial functions’ includes buying and leasing of real estate,

22 providing insurance, making loans and loan guarantees,

23 and other credit programs and any activity involving the

24 provision of a service or thing for which a fee, royalty,
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1 rent, or other charge is imposed by an agency for services

2 and things of value it provides.’’.

3 (b) Subsection 3521(f) of title 31, United States

4 Code, is amended to read as follows:

5 ‘‘(f)(1) For each audited financial statement required

6 under subsections (a) and (e) of section 3515 of this title,

7 the person who audits the statement for purpose of sub8 section (e) of this section shall submit a report on the

9 audit to the head of the agency. A report under this sub10 section shall be prepared in accordance with generally ac11 cepted government auditing standards.

12 ‘‘(2) Not later than June 30 following the fiscal year

13 for which a financial statement is submitted under sub14 section (f) of section 3515 of this title, the person who

15 audits the statement for purpose of subsection (e) of this

16 section shall submit a report on the audit to the head of

17 the agency. A report under this subsection shall be pre18 pared in accordance with generally accepted government

19 auditing standards.’’.

20 SEC. 3006. DETERRENCE OF FRAUD AND ABUSE IN FECA

21 PROGRAM.

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

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

24 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. 3007. ELIMINATION OF CERTAIN RESTRICTIONS TO

22 REDUCE FEDERAL PERSONNEL.

23 Notwithstanding any provision of law that limits the

24 authority of the head of a department or agency to reduce

25 the number of employees or positions in such department
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1 or agency to a number specified in statute or specifically

2 determined by a provision of a statute, the head of a de3 partment or agency may reduce the employees or positions

4 within such department or agency consistent with the pro5 visions of title 5, United States Code.

6 TITLE IV—IMPROVING THE

7 LEGISLATIVE PROCESS

8 SEC. 4001. LINE-ITEM VETO.

9 The Congressional Budget and Impoundment Control

10 Act of 1974 is amended by adding at the end thereof the

11 following new title:

12 ‘‘TITLE XI—TAX EXPENDITURE AND LEGISLA13 TIVE APPROPRIATIONS LINE ITEM VETO

14 ‘‘LEGISLATIVE APPROPRIATIONS AND TAX EXPENDITURE

15 LINE ITEM VETO SEPARATE ENROLLMENT AUTHORITY

16 ‘‘SEC. 1101. (a) SEPARATE ENROLLMENT.—

17 ‘‘(1) Notwithstanding any other provision of

18 law, when—

19 ‘‘(A) any general or special appropriation

20 bill or any bill or joint resolution making sup21 plemental, deficiency, or continuing appropria22 tions; or

23 ‘‘(B) any revenue bill containing a tax ex24 penditure provision,
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1 passes both Houses of the Congress in the same

2 form, the Secretary of the Senate (in the case of a

3 bill or joint resolution originating in the Senate) or

4 the Clerk of the House of Representatives (in the

5 case of a bill or joint resolution originating in the

6 House of Representatives) shall cause the enrolling

7 clerk of such House to enroll each item of appropria8 tion or tax expenditure provision of such bill or joint

9 resolution as a separate bill or joint resolution, as

10 the case may be.

11 ‘‘(2) A bill or joint resolution that is required

12 to be enrolled pursuant to paragraph (1)—

13 ‘‘(A) shall be enrolled without substantive

14 revision;

15 ‘‘(B) shall conform in style and form to

16 the applicable provisions of chapter 2 of title 1,

17 United States Code (as such provisions are in

18 effect on the date of the enactment of this

19 title); and

20 ‘‘(C) shall bear the designation of the

21 measure of which it was an item of appropria22 tion or tax expenditure provision prior to such

23 enrollment, together with such other designa24 tion as may be necessary to distinguish such

25 bill or joint resolution from other bills or joint
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1 resolutions enrolled pursuant to paragraph (1)

2 with respect to the same measure.

3 ‘‘(b) PREPARATION AND PRESENTMENT.—A bill or

4 joint resolution enrolled pursuant to subsection (a)(1) with

5 respect to an item of appropriation or tax expenditure pro6 vision shall be deemed to be a bill under clauses 2 and

7 3 of section 7 of article 1 of the Constitution of the United

8 States and shall be signed by the presiding officers of both

9 Houses of the Congress and presented to the President

10 for approval or disapproval (and otherwise treated for all

11 purposes) in the manner provided for bills and joint reso12 lutions generally.

13 ‘‘(c) DEFINITIONS.—For purposes of this title—

14 ‘‘(1) the term ‘item of appropriation’ means any

15 numbered section and any unnumbered paragraph

16 of—

17 ‘‘(A) any general or special appropriation

18 bill; and

19 ‘‘(B) any bill or joint resolution making

20 supplemental, deficiency, or continuing appro21 priations; and

22 ‘‘(2) the term ‘tax expenditure provision’ means

23 a division of a bill that amends current law or is free

24 standing and that is scored by the Joint Committee
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1 on Taxation as losing revenue over the 5-year period

2 after the provision takes effect.’’.

3 SEC. 4002. SUNSET OF NEW PROGRAM AUTHORIZATIONS.

4 (a) IN GENERAL.—Rule XVI of the Standing Rules

5 of the Senate is amended by adding at the end thereof

6 the following new paragraph:

7 ‘‘9. On a point of order made by any Senator, no ap8 propriations bill or amendment thereto shall be received

9 or considered if it contains a provision making an appro10 priation that has not been previously authorized by law

11 within the 5 years preceding the date of receipt or consid12 eration.’’.

13 (b) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall take effect on the first day of the sec15 ond regular session of the 104th Congress.

16 SEC. 4003. SCORING OF EMERGENCIES.

17 Section 606(d)(2) of the Congressional Budget Act

18 of 1974 is amended by striking ‘‘251(b)(2)(C),

19 251(b)(2)(D), and 252(e)’’ and inserting ‘‘and

20 251(b)(2)(C)’’.

21 TITLE V—ENFORCEMENT

22 SEC. 5001. DEDICATION OF SAVINGS TO DEFICIT REDUC23 TION.

24 (a) DIRECT SPENDING.—None of the changes in di25 rect spending and receipts resulting from this Act shall
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1 be reflected in estimates under section 252(d) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985.

3 (b) DISCRETIONARY SPENDING.—Upon the enact4 ment of this Act, the Director of the Office of Manage5 ment and Budget shall make downward adjustments in

6 the discretionary spending limits (new budget authority

7 and outlays), as adjusted, set forth in 601(a)(2) of the

8 Congressional Budget Act of 1974 for each of fiscal years

9 1994 through 1999 as follows:

10 (1) For fiscal year 1994, reduce new budget au11 thority by $7,337,000,000 and reduce outlays by

12 $3,183,000,000.

13 (2) For fiscal year 1995, reduce new budget au14 thority by $9,801,000,000 and reduce outlays by

15 $8,707,000,000.

16 (3) For fiscal year 1996, reduce new budget au17 thority by $12,479,000,000 and reduce outlays by

18 $11,204,000,000.

19 (4) For fiscal year 1997, reduce new budget au20 thority by $13,090,000,000 and reduce outlays by

21 $12,738,000,000.

22 (5) For fiscal year 1998, reduce new budget au23 thority by $13,698,000,000 and reduce outlays by

24 $13,121,000,000.

25 (c) SECTION 602 ALLOCATIONS.—
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1 (1) HOUSE APPROPRIATIONS COMMITTEE.—The

2 allocations in effect under section 602(a)(1) of the

3 Congressional Budget Act of 1974 for fiscal year

4 1994 for the Committee on Appropriations of the

5 House of Representatives are reduced by

6 $3,183,000,000 in outlays and by $7,337,000,000 in

7 budget authority.

8 (2) SENATE APPROPRIATIONS COMMITTEE.—

9 The allocations in effect under section 602(a)(2) of

10 the Congressional Budget Act of 1974 for fiscal year

11 1994 for the Committee on Appropriations of the

12 Senate are reduced by $3,183,000,000 in outlays

13 and by $7,337,000,000 in budget authority.

14 (3) SUBALLOCATIONS.—Each Committee on

15 Appropriations is authorized and directed to imme16 diately adjust its suballocations among its sub17 committees for fiscal year 1994 to reflect the lower

18 allocations provided by subsection (a) in a manner

19 that accurately reflects the changes in law made by

20 this Act and promptly report to its House of Con21 gress suballocations revised under this subsection.

22 (4) EFFECT.—The allocations and

23 suballocations as adjusted by this section shall be

24 deemed to be allocations made under section
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1 602(a)(1) and suballocations made under section

2 602(b)(1) of the Congressional Budget Act of 1974.

3 (5) SECTION 601.—Section 601(a)(2) of the

4 Congressional Budget Act of 1974 is amended by in5 serting ‘‘or as adjusted pursuant to subsection (b) of

6 the Government Downsizing Performance and Ac7 countability Act of 1994’’ before the period at the

8 end.

9 SEC. 5002. ESTABLISHMENT OF A DEFENSE FIREWALL.

10 (a) CATEGORY.—Section 250(c)(4)(B) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985

12 is amended to read as follows:

13 ‘‘(B) For fiscal years 1994 through 1998,

14 any of the following subsets of discretionary ap15 propriations: defense or nondefense. New ac16 counts or activities shall be categorized in con17 sultation with the Committees on Appropria18 tions and the Budget of the House of Rep19 resentatives and the Senate.’’.

20 (b) DISCRETIONARY SPENDING.—Section 601(a)(2)

21 of the Congressional Budget Act of 1974 is amended by

22 striking subparagraphs (D), (E), and (F) and inserting

23 the following:

24 ‘‘(D) with respect to fiscal year 1994—
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1 ‘‘(i) for the defense category:

2 $262,366,000,000 in new budget authority

3 and $277,843,000,000 in outlays; and

4 ‘‘(ii) for the nondefense category:

5 $250,811,000,000 in new budget authority

6 and $264,763,000,000 in outlays;

7 ‘‘(E) with respect to fiscal year 1995—

8 ‘‘(i) for the defense category:

9 $264,926,000,000 in new budget authority

10 and $274,953,000,000 in outlays; and

11 ‘‘(ii) for the nondefense category:

12 $252,472,000,000 in new budget authority

13 and $265,545,000,000 in outlays;

14 ‘‘(F) with respect to fiscal year 1996—

15 ‘‘(i) for the defense category:

16 $256,440,000,000 in new budget authority

17 and $268,043,000,000 in outlays; and

18 ‘‘(ii) for the nondefense category:

19 $262,702,000,000 in new budget authority

20 and $279,690,000,000 in outlays;

21 ‘‘(G) with respect to fiscal year 1997—

22 ‘‘(i) for the defense category:

23 $250,692,000,000 in new budget authority

24 and $251,910,000,000 in outlays; and
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1 ‘‘(ii) for the nondefense category:

2 $277,387,000,000 in new budget authority

3 and $295,592,000,000 in outlays; and

4 ‘‘(H) with respect to fiscal year 1998—

5 ‘‘(i) for the defense category:

6 $256,481,000,000 in new budget authority

7 and $255,393,000,000 in outlays; and

8 ‘‘(ii) for the nondefense category:

9 $274,158,000,000 in new budget authority

10 and $292,482,000,000 in outlays.’’.

Æ

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