to the percentages set forth in section 8133(a) (1)–(5) of
this subchapter.’’.
(c) Section 8116 of title 5, United States Code, is
further amended by adding the following new subsection
(f):
‘‘(f) Notwithstanding the provisions of section 552a
of this title, or any other provision of Federal or State
law, any agency of the United States Government or of
any State (or political subdivision thereof) shall make
available to the Secretary, upon written request, the
names and Social Security account numbers of individuals
who are confined in a jail, prison or other penal institution
or correctional facility under the jurisdiction of such agen-
cy, pursuant to such individuals’ conviction of an offense
that constituted a felony under applicable law, which the
Secretary may require to carry out the provisions of this
subsection.’’.
(d) Section 1920 of title 18, United States Code, is
amended to read as follows: ‘‘Whoever knowingly and will-
fully falsifies, conceals, or covers up a material fact, or
makes a false, fictitious, or fraudulent statement or rep-
resentation, or makes or uses a false statement or report
knowing the same to contain any false, fictitious or fraud-
ulent statement or entry in connection with the application
for or receipt of compensation or other benefit or payment
under subchapter I or III of chapter 81 of title 5, United
States Code, shall be punished by a fine of not more than
$250,000, or by imprisonment for not more than five
years, or both.’’.
(e) Except as otherwise provided in this section, the
amendments made by this section shall be effective on the
date of enactment and shall apply to actions taken on or
after the date of enactment both with respect to claims
filed before the day of enactment and with respect to
claims filed after such date.
(f) The amendments made by subsections (a), (b),
and (c) of this section shall be effective on the date of
enactment and shall apply to any person convicted or im-
prisoned on or after the date of enactment.
(g) The amendment made by subsection (d) of this
section shall be effective on the date of enactment and
shall apply to any claim, statement, representation, report,
or other written document made or submitted in connec-
tion with a claim filed under subchapter I or III of chapter
81 of title 5, United States Code.
SEC. 9002. ENHANCEMENT OF REEMPLOYMENT PROGRAMS
FOR FEDERAL EMPLOYEES DISABLED IN THE
PERFORMANCE OF DUTY.
(a) Section 8104 of title 5, United States Code, is
amended—
(1) by striking the comma after ‘‘employment’’
and by striking ‘‘other than employment undertaken
pursuant to such rehabilitation’’ from subsection (b);
and
(2) by adding the following new subsection (c):
‘‘(c) The Secretary of Labor, as part of the vocational
rehabilitation effort, may assist permanently disabled indi-
viduals in seeking and/or obtaining employment. The Sec-
retary may reimburse an employer (including a Federal
employer), who was not the employer at the time of injury
and who agrees to employ a disabled beneficiary, for por-
tions of the salary paid by such employer to the reem-
ployed, disabled beneficiary. Any such sums shall be paid
from the Employees’ Compensation Fund.’’.
(b) The Secretary of Labor is authorized to expand
the Federal Employees’ Compensation Act Periodic Roll
Management Project to all offices of the Office of Work-
ers’ Compensation Program of the Department of Labor.
(c) The provisions of, and amendments made by, sub-
sections (a) and (b) of this section shall be effective on
the date of enactment.
SEC. 9003. WAGE DETERMINATIONS.
(a) The McNamara-O’Hara Service Contract Act, as
amended (41 U.S.C. 351 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 11. To more effectively implement wage deter-
mination procedures, the Secretary of Labor is authorized
to develop and implement an electronic data interchange
system to request and obtain wage determinations re-
quired under the Act.’’.
(b) The Davis-Bacon Act, as amended (41 U.S.C.
276a et seq.) is amended by adding at the end the follow-
ing new section:
‘‘SEC. 8. To more effectively implement wage deter-
mination procedures, the Secretary of Labor is authorized
to develop and implement an electronic data interchange
system to request and obtain wage determinations re-
quired under the Act.’’.
(c) The amendments made by subsections (a) and (b)
of this section shall be effective on the date of enactment.
SEC. 9004. ELIMINATION OF FILING REQUIREMENTS.
(a) Section 101(b) of the Employee Retirement In-
come Security Act of 1974 (ERISA) (29 U.S.C. 1021(b))
is amended by striking paragraphs (1), (2) and (3) and
by redesignating paragraphs (4) and (5) as paragraphs
(1) and (2), respectively.
(b) Section 102 of ERISA (29 U.S.C. 1022) is
amended by striking paragraph (a)(2) and redesignating
paragraph (a)(1) as subsection (a).
(c) Section 104(a)(1) of ERISA (29 U.S.C.
1024(a)(1)) is amended to read as follows:
‘‘SEC. 104. (a)(1) The administrator of any employee
benefit plan subject to this part shall file with the Sec-
retary the annual report for a plan year within 210 days
after the close of such year (or within such time as may
be required by regulations promulgated by the Secretary
in order to reduce duplicative filing). The Secretary shall
make copies of such annual reports available for inspection
in the public document room of the Department of Labor.
The administrator shall also furnish to the Secretary,
upon request, any documents relating to the employee ben-
efit plan including but not limited to the summary plan
description, description of material modifications to the
plan, bargaining agreement, trust agreement, contract, or
other instrument under which the plan is established or
operated.’’.
(d) Section 104(b) of ERISA (29 U.S.C. 1024(b))
is amended by adding at the end the following new para-
graph:
‘‘(5) The Secretary shall, upon written request
of any participant or beneficiary of a plan for a copy
of any documents described in paragraph (4), make
a written request to the plan administrator for cop-
ies of such documents. The plan administrator shall
comply with such request from the Secretary. Upon
obtaining such copies from the plan administrator,
the Secretary shall provide them to the requesting
participant or beneficiary. In making a request
under this paragraph to the plan administrator, the
Secretary shall not disclose to the plan administrator
the identity of the participant or beneficiary. The
administrator may make a reasonable charge to
cover the cost of furnishing such complete copies
consistent with any regulations issued by the Sec-
retary pursuant to paragraph (4). The Secretary
may require the participant or beneficiary to reim-
burse the Secretary for such charges before the par-
ticipant receives the requested copies.’’.
(e) Section 106(a) of ERISA (29 U.S.C. 1026(a)) is
amended by striking ‘‘descriptions,’’.
(f) Section 107 of ERISA (29 U.S.C. 1027) is
amended by striking ‘‘description or’’.
(g) Section 108 of ERISA (29 U.S.C. 1028) is
amended by striking ‘‘(B) after publishing or filing the
plan description, annual reports,’’ and inserting ‘‘(B) after
publishing the plan description, or after publishing or fil-
ing the annual reports,’’.
(h) Section 109(b) of ERISA (29 U.S.C. 1029(b))
is amended to read as follows:
‘‘(b) The financial statement and opinion required to
be prepared by an independent qualified public accountant
pursuant to section 103(a)(3)(A) and the actuarial state-
ment required to be prepared by an enrolled actuary pur-
suant to section 103(a)(4)(A) shall not be required to be
submitted on forms.’’.
(i) Section 502(c) of ERISA is amended by adding
at the end the following new paragraph:
‘‘(4) The Secretary may assess a civil penalty
against any plan administrator of up to $100 per
day from the date of such plan administrator’s fail-
ure or refusal to comply with a request for docu-
ments which such administrator is required to fur-
nish to the Secretary (unless such failure or refusal
results from matters reasonably beyond the control
of the administrator) pursuant to section 104(b)(5)
by mailing the material requested to the address
provided by the Secretary within 30 days after such
request.’’.
(j) EFFECTIVE DATE.—The provisions of this section
shall take effect on the date of enactment of this Act.
TITLE 
X—DEPARTMENT 
OF
STATE AND UNITED STATES
INFORMATION AGENCY
SEC. 10001. IMPROVEMENT OF EFFICIENCY OF STATE DE-
PARTMENT ACTIVITIES.
The Secretary of State shall take action to improve
the efficiency of the activities of the Department of State
and save a total of $5,700,000 by the end of fiscal year
1999.
SEC. 10002. IMPROVEMENT OF EFFICIENCY OF USIA PUB-
LIC DIPLOMACY ACTIVITIES.
The Director of the United States Information Agen-
cy (USIA) shall take action to improve the efficiency of
USIA’s public diplomacy activities and save a total of
$15,000,000 by the end of fiscal year 1999.
TITLE XI—DEPARTMENT OF
TRANSPORTATION
SEC. 11001. REEMPLOYMENT RIGHTS FOR CERTAIN MER-
CHANT SEAMEN.
(a) IN GENERAL.—Title III of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1131) is amended by inserting
after section 301 the following new section:
‘‘SEC. 302. (a) An individual who is certified by the
Secretary of Transportation under subsection (c) shall be
entitled to reemployment rights and other benefits sub-
stantially equivalent to the rights and benefits provided
for by chapter 43 of title 38, United States Code, for any
member of a Reserve component of the Armed Forces of
the United States who is ordered to active duty.
‘‘(b) An individual may submit an application for cer-
tification under subsection (c) to the Secretary of Trans-
portation not later than 45 days after the date the individ-
ual completes a period of employment described in sub-
section (c)(1)(A) with respect to which the application is
submitted.
‘‘(c) Not later than 20 days after the date the Sec-
retary of Transportation receives from an individual an
application for certification under this subsection, the Sec-
retary shall—
‘‘(1) determine whether or not the individual—
‘‘(A) was employed in the activation or op-
eration of a vessel—
‘‘(i) in the National Defense Reserve
Fleet maintained under section 11 of the
Merchant Ship Sales Act of 1946, in a pe-
riod in which that vessel was in use or
being activated for use under subsection
(b) of that section;
‘‘(ii) that is requisitioned or pur-
chased under section 902 of this Act; or
‘‘(iii) that is owned, chartered, or con-
trolled by the United States and used by
the United States for a war, armed con-
flict, national emergency, or maritime mo-
bilization need (including for training pur-
poses or testing for readiness and suit-
ability for mission performance); and
‘‘(B) during the period of that employ-
ment, possessed a valid license, certificate of
registry, or merchant mariner’s document is-
sued under chapter 71 or chapter 73 (as appli-
cable) of title 46, United States Code; and
‘‘(2) if the Secretary makes affirmative deter-
minations under paragraph (1) (A) and (B), certify
that individual under this subsection.
‘‘(d) For purposes of reemployment rights and bene-
fits provided by this section, a certification under sub-
section (c) shall be considered to be the equivalent of a
certificate referred to in clause (1) of section 4301(a) of
title 38, United States Code.’’.
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to employment described in section
302(c)(1)(A) of the Merchant Marine Act, 1936, as
amended by subsection (a), occurring after August 2,
1990.
(c) EMPLOYMENT ENDING BEFORE ENACTMENT.—
Notwithstanding subsection (b) of section 302 of the Mer-
chant Marine Act, 1936, as amended by this Act, an indi-
vidual who, in the period beginning August 2, 1990, and
ending on the date of the enactment of this Act, completed
a period of employment described in subsection (c)(1)(A)
of that section may submit an application for certification
under subsection (c) of that section with respect to that
employment not later than 45 days after the date of the
enactment of this Act.
(d) REGULATIONS.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Transportation shall issue regulations implementing this
section.
SEC. 11102. REFORM OF ESSENTIAL AIR SERVICE PRO-
GRAM.
Section 419 of the Federal Aviation Act of 1958 (49
App. U.S.C. 1389) is amended—
(1) in subsection (a) by striking paragraph (2)
and inserting the following:
‘‘(2) RESTRICTIONS ON QUALIFICATIONS AS AN
ELIGIBLE POINT.—To qualify as an eligible point in
the 48 contiguous states, Hawaii, and Puerto Rico
for purposes of fiscal year 1995 and thereafter, a
point described in paragraph (1) must not require a
rate of subsidy per passenger in excess of $200 un-
less such point is more than 210 miles from the
nearest large or medium hub airport and may not be
located fewer than 70 highway miles from the near-
est large or medium hub airport;’’ and
(2) in subsection (l) by striking paragraph (2)
and inserting the following:
‘‘(2) AMOUNTS
AVAILABLE.—There shall be
available to the Secretary from the Airport and Air-
way Trust Fund to incur obligations under this sec-
tion $33,423,077 per fiscal year for each of fiscal
years 1994 through 1999. Such amounts shall re-
main available until expended. Unobligated balances
that remain available as of September 30, 1994, are
rescinded.’’.
SEC. 11003. AIRWAY SCIENCE PROGRAM.
(a) REPEAL.—All authority for—
(1) the Secretary of Transportation to enter
into grant agreements with universities or colleges
having an airway science curriculum recognized by
the Federal Aviation Administration, to conduct
demonstration projects in the development, advance-
ment, or expansion of airway science programs; and
(2) the Federal Aviation Administration to
enter into competitive grant agreements with institu-
tions of higher education having airway science cur-
ricula, and all authorizations to appropriate for such
purposes, as enacted under the head, ‘‘Federal Avia-
tion Administration, Facilities and Equipment’’, in
the Department of Transportation and Related
Agencies Appropriations Acts for fiscal years ending
before October 1, 1993;
is repealed.
(b) LIMITATION.—Subsection (a) shall not affect the
authority of the Secretary to enter into grant agreements
with universities, colleges, or institutions of higher edu-
cation to obligate funds appropriated for fiscal years end-
ing before October 1, 1993, which have not been re-
scinded.
SEC. 11004. COLLEGIATE TRAINING INITIATIVE.
(a) IN GENERAL.—Section 313(d) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1354(d)) is amend-
ed—
(1) by striking the subsection heading and all
that follows through ‘‘The Administrator’’ and in-
serting the following:
‘‘(d) TRAINING SCHOOLS.—
‘‘(1) IN GENERAL.—The Administrator’’;
(2) by moving the text of paragraph (1), as so
designated, 2 ems to the right; and
(3) by adding at the end the following:
‘‘(2) COLLEGIATE TRAINING INITIATIVE.—
‘‘(A) CONTINUATION.—The Administrator
of the Federal Aviation Administration may
continue the Collegiate Training Initiative pro-
gram, by entering into new agreements, with
post-secondary institutions, as defined by the
Administrator, whereby such institutions, with-
out cost to the Federal Aviation Administration,
prepare students for the position of air traffic
controller with the Department of Transpor-
tation, as defined in section 2109 of title 5,
United States Code.
‘‘(B) 
STANDARDS.—The 
Administrator
may establish standards for the entry of institu-
tions into such program and for their continued
participation in it.
‘‘(C) APPOINTMENT IN EXCEPTED SERV-
ICE.—The Administrator may appoint persons
who have successfully completed a course of
training in such program to the position of air
traffic controller noncompetitively in the ex-
cepted service, as defined in section 2103 of
title 5, United States Code. Persons so ap-
pointed shall serve at the pleasure of the Ad-
100
ministrator, subject to section 7511 of such
title (pertaining to adverse actions). However,
an appointment under this subparagraph may
be converted from one in the excepted service to
a career conditional or career appointment in
the competitive civil service, as defined in sec-
tion 2102 of such title when the incumbent
achieves full performance level air traffic con-
troller status, as determined by the Adminis-
trator. The authority conferred by this subpara-
graph to make new appointments in the ex-
cepted service shall expire at the end of 5 years
from the date of the enactment of this subpara-
graph; except that the Administrator may de-
termine to extend such authority for 1 or more
successive 1-year periods thereafter.’’.
(b) CONFORMING AMENDMENT.—Section 362 of the
Department of Transportation and Related Agencies Ap-
propriations Act, 1993 (106 Stat. 1560) is repealed.
(c) LIMITATION.—The repeal and the amendments
made by this section shall not prohibit the expenditure of
funds appropriated for fiscal years ending before October
1, 1994.
101
TITLE XII—DEPARTMENT OF
VETERANS AFFAIRS
Subtitle A—Administrative
Improvements
SEC. 12001. ELIMINATION OF HOSPITAL AND NURSING
HOME BED CAPACITY REQUIREMENTS.
(a) Section 8110(a)(1) of title 38, United States
Code, is amended—
(1) by striking ‘‘at not more than 125,000 and
not less than 100,000’’; and
(2) by striking the third and fourth sentences.
(b) Section 8111(a) of such title is amended by strik-
ing out ‘‘result (1)’’ and all that follows through ‘‘main-
tained or’’.
SEC. 12002. ELIMINATION OF REQUIREMENT FOR MINIMUM
NUMBER OF PERSONNEL IN THE OFFICE OF
INSPECTOR GENERAL.
Subsection (b) of section 312 of title 38, United
States Code, is amended to read as follows:
‘‘(b) Whenever the Secretary proposes to reduce the
authorized number of full-time equivalent employees as-
signed to the Office of Inspector General, the Secretary
shall submit to the Committees on Veterans’ Affairs of
the Senate and House of Representatives a report provid-
ing notice of the proposed reduction and a detailed expla-
102
nation for the proposed reduction. No action to carry out
the proposed reduction may be taken after the submission
of such report until the end of a 45-day period of continu-
ous session of Congress (determined in the same manner
as specified in the last sentence of section 510(b) of this
title) following the date of the submission of the report.’’.
SEC. 12003. MODIFICATION OF ADMINISTRATIVE REORGA-
NIZATION AUTHORITY.
(a) MODIFICATION OF REQUIREMENT TO REPORT TO
CONGRESS.—Section 510 of title 38, United States Code,
is amended by striking out ‘‘90-day’’ both places it ap-
pears in subsection (b) and inserting in lieu thereof ‘‘45-
day’’.
(b) AUTHORITY TO REORGANIZE OFFICES IN EVENT
OF EMERGENCY.—Such section is further amended by
striking out subsection (d) and inserting the following:
‘‘(d)(1) The limitation in subsection (b) does not
apply with respect to an administrative reorganization at
a medical facility if the Secretary determines that the reor-
ganization is necessary to respond to an emergency situa-
tion at that facility. The Secretary may determine that
there is an emergency situation at a medical facility for
purposes of this subsection only in a case in which there
would be an immediate danger to patients and employees
at that facility without the reorganization. In the case of
103
a facility at which officials of the Department are consid-
ering whether to implement an administrative reorganiza-
tion before the event or occurrence which leads to an ini-
tial finding that such an emergency exists, the Secretary
may not make such a determination.
‘‘(2) Whenever the Secretary determines under para-
graph (1) that it is necessary to carry out an administra-
tive reorganization at a medical facility without regard to
the limitation in subsection (b), the Secretary shall submit
a report on that determination to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives.
The report shall provide the same information as is pro-
vided in a detailed plan and justification in the case of
an administrative reorganization subject to subsection (b).
The Secretary shall include in the report an explanation
of the alternatives to the proposed administrative reorga-
nization that were considered and each factor that was
considered in the decision to reject each such alternative.’’.
SEC. 12004. ELIMINATION OF REQUIREMENT FOR CERTAIN
SERVICES IN THE VETERANS HEALTH ADMIN-
ISTRATION.
(a) Section 7305 of title 38, United States Code, is
repealed.
104
(b) The table of sections at the beginning of chapter
73 of such title is amended by striking the item relating
to section 7305.
SEC. 12005. MODIFICATION OF PHYSICIAN REQUIREMENT
FOR CERTAIN SENIOR VETERANS HEALTH
ADMINISTRATION OFFICIALS.
(a) UNDER SECRETARY.—Section 305 of title 38,
United States Code, is amended—
(1) in subsection (a)(2), by striking out ‘‘shall
be a doctor of medicine and shall be’’ and inserting
in lieu thereof ‘‘shall (except as provided in sub-
section (d)(1)) be a doctor of medicine. The Under
Secretary shall be’’;
(2) in subsection (d)—
(A) by adding at the end of paragraph (1)
the following: ‘‘If at the time such a commission
is established both the position of Deputy
Under Secretary for Health and the position of
Associate Deputy Under Secretary for Health
are held by individuals who are doctors of medi-
cine, the individual appointed by the President
as Under Secretary for Health may be someone
who is not a doctor of medicine. In any case,
the Secretary shall develop, and shall furnish to
the commission, specific criteria which the com-
106
considered necessary for the purposes of this
chapter. In appointing persons to positions in
the Office, the Under Secretary shall consider
the different types of health care services pro-
vided to veterans by the Veterans Health Ad-
ministration and shall seek to ensure that ap-
pointments in the Office are made in such a
manner that the Office is staffed so as to pro-
vide the Under Secretary with appropriate ex-
pertise in those services. The Office shall in-
clude the following:’’;
(B) by inserting ‘‘(except as provided in
subsection (c))’’ in paragraphs (1) and (2) after
‘‘and who shall’’;
(C) by striking out each paragraph after
paragraph (2);
(2) by striking out subsection (b);
(3) by redesignating subsection (c) as sub-
section (b) and striking out ‘‘In the case of’’ in the
second sentence and all that follows through ‘‘such
appointments’’ and inserting in lieu thereof ‘‘Such
appointments’’; and
(4) by inserting after subsection (b), as so re-
designated, the following new subsection (c):
107
‘‘(c)(1) If at the time of the appointment of the Dep-
uty Under Secretary for Health under subsection (a)(1),
both the position of Under Secretary for Health and the
position of Associate Deputy Under Secretary for Health
are held by individuals who are doctors of medicine, the
individual appointed as Deputy Under Secretary for
Health may be someone who is not a doctor of medicine.
‘‘(2) If at the time of the appointment of the Associ-
ate Deputy Under Secretary for Health under subsection
(a)(2), both the position of Under Secretary for Health
and the position of Deputy Under Secretary for Health
are held by individuals who are doctors of medicine, the
individual appointed as Associate Deputy Under Secretary
for Health may be someone who is not a doctor of medi-
cine.’’.
SEC. 12006. USE OF FUNDS RECOVERED FROM THIRD PAR-
TIES.
(a) AUTHORIZED USES.—Section 1729(g) of title 38,
United States Code, is amended by adding at the end of
paragraph (3) the following new subparagraph:
‘‘(C) Payments for (i) the purchase of needed
medical equipment, and (ii) such other purposes as
may be specifically authorized by law.’’.
108
(b) AVAILABILITY OF FUNDS.—Such section is fur-
ther amended by striking out paragraph (4) and inserting
the following:
‘‘(4)(A) Not later than December 1 of each year,
there shall be set aside within the Fund a reserve to be
used for the purposes described in paragraph (3)(C). The
amount placed into the reserve each year shall be deter-
mined under subparagraph (B). No funds may be obli-
gated under paragraph (3)(C) in excess of the funds in
the reserve. The reserve shall remain available for obliga-
tion until expended.
‘‘(B)(i) On December 1, 1993, the amount set aside
for the reserve under subparagraph (A) shall be the
amount by which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1993, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $538,600,000.
‘‘(ii) On December 1, 1994, the amount set aside for
the reserve under subparagraph (A) shall be the amount
by which—
109
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1994, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $590,500,000.
‘‘(iii) On December 1, 1995, the amount set aside for
the reserve under subparagraph (A) shall be the amount
by which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1995, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $646,000,000.
‘‘(iv) On December 1, 1996, the amount set aside for
the reserve under subparagraph (A) shall be the amount
by which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1996, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
110
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $698,100,000.
‘‘(v) On December 1, 1997, the amount set aside for
the reserve under subparagraph (A) shall be the amount
by which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1997, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $753,500,000.
‘‘(C) If the amount to be set aside for the reserve
for any year, as calculated under subparagraph (B), is less
than zero, the amount added to the reserve for that year
shall be zero.
‘‘(5) Not later than January 1 of each year, there
shall be deposited into the Treasury as miscellaneous re-
ceipts an amount equal to the amount of the unobligated
balance remaining in the Fund at the close of business
on September 30 of the preceding year minus any part
of such balance that the Secretary determines is necessary
in order to enable the Secretary to defray, during the fiscal
year in which the deposit is made, the expenses, payments,