505
‘‘(1) IN GENERAL.—The list established under
subsection (a) and the schedules established under
subsection (b) do not constitute guidelines, stand-
ards, performance measures, or review criteria for
purposes of the program carried out by the Adminis-
trator for Health Care Policy and Research under
part B of title IX or under section 1142 of the
Social Security Act.
‘‘(2) STATE LAWS.—This section does not su-
persede any State law on requirements with respect
to receiving immunizations (including any such law
relating to religious exemptions or medical exemp-
tions).
‘‘(d) ISSUANCE OF LIST AND SCHEDULES.—Not later
than 180 days after the date of the enactment of the Om-
nibus Budget Reconciliation Act of 1993, the Secretary
shall establish the initial list required in subsection (a) and
the schedule required in subsection (b).
‘‘SEC. 2161. CHILDHOOD IMMUNIZATION TRUST FUND.
‘‘(a) ESTABLISHMENT OF FUND.—There is estab-
lished in the Treasury of the United States a fund to be
known as the National Childhood Immunization Trust
Fund (in this section referred to as the ‘Fund’). The Fund
shall consist of such amounts as may be appropriated to
the Fund in appropriations Acts, in the Internal Revenue
506
Code of 1986, or in subsection (c)(3). Amounts appro-
priated to the Fund shall remain available until expended.
‘‘(b) EXPENDITURES FROM FUND.—Amounts in the
Fund are available to the Secretary for the purpose of car-
rying out this part. Payments under the program under
this part, and the costs of carrying out such program,
shall be exempt from reduction under any order issued
under part C of the Balanced Budget and Emergency
Deficit Control Act of 1985.
‘‘(c) INVESTMENT.—
‘‘(1) IN
GENERAL.—The Secretary of the
Treasury shall invest such amounts of the Fund as
such Secretary determines are not required to meet
current withdrawals from the Fund. Such invest-
ments may be made only in interest-bearing obliga-
tions of the United States. For such purpose, such
obligations may be acquired on original issue at the
issue price, or by purchase of outstanding obliga-
tions at the market price.
‘‘(2) SALE
OF
OBLIGATIONS.—Any obligation
acquired by the Fund may be sold by the Secretary
of the Treasury at the market price.
‘‘(3) AVAILABILITY OF INCOME.—Any interest
derived from obligations acquired by the Fund, and
507
proceeds from any sale or redemption of such obliga-
tions, are hereby appropriated to the Fund.
‘‘SEC. 2162. DEFINITIONS.
‘‘For purposes of this subtitle:
‘‘(1) The term ‘eligible child’ has the meaning
given such term in section 2151(b).
‘‘(2) The term ‘federally-supplied’, with respect
to a pediatric vaccine, means that such vaccine is
purchased and delivered on behalf of a State under
section 2151(a).
‘‘(3) The term ‘health care provider’, with re-
spect to the administration of vaccines to children,
means an entity that is licensed or otherwise author-
ized for such administration under the law of the
State in which the entity administers the vaccine,
subject to section 333(e).
‘‘(4) The term ‘immunization’ means an immu-
nization against a vaccine-preventable disease.
‘‘(5) Each of the terms ‘Indian’, ‘Indian tribe’,
and ‘tribal organization’ has the meaning given such
term in section 4 of the Indian Health Care
Improvement Act.
‘‘(6) The term ‘Indian child’ means an Indian
who is 18 years of age or younger.
508
‘‘(7) The term ‘manufacturer’ means any cor-
poration, organization, or institution, whether public
or private (including Federal, State, and local de-
partments, agencies, and instrumentalities), which
manufactures, imports, processes, or distributes
under its label any pediatric vaccine. The term
‘manufacture’ means to manufacture, import, proc-
ess, or distribute a vaccine.
‘‘(8) The term ‘parent’, with respect to a child,
means a legal guardian of the child.
‘‘(9) The term ‘participating State under sec-
tion 2151’ means a State that has submitted to the
Secretary an application in accordance with section
2157.
‘‘(10) The term ‘pediatric vaccine’ means a vac-
cine included on the list established under section
2160(a).
‘‘(11) The term ‘program-registered provider’
has the meaning given such term in 2153(a)(2).
‘‘SEC. 2163. TERMINATION OF PROGRAM.
This part shall cease to be in effect beginning on such
date as may be prescribed in Federal law providing for
immunization services for all children as part of a broad-
based reform of the national health care system.
509
‘‘PART B—NATIONAL SYSTEM FOR MONITORING
IMMUNIZATION STATUS OF CHILDREN
‘‘SEC. 2171. FORMULA GRANTS FOR STATE REGISTRIES
WITH RESPECT TO MONITORING.
‘‘(a) IN GENERAL.—For the purpose described in
subsection (b), the Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
make an allotment each fiscal year for each State in an
amount determined in accordance with section 2175. The
Secretary shall make a grant to the State of the allotment
made for the State for the fiscal year if the State submits
to the Secretary an application in accordance with section
2174.
‘‘(b) AUTHORIZED ACTIVITIES.—The Secretary may
make a grant under subsection (a) only if the State agrees
to expend the grant for the purpose of—
‘‘(1) collecting the data described in section
2172;
‘‘(2) operating registries to maintain the data
(and establishing such registries, in the case of a
State that is not operating such a registry);
‘‘(3) utilizing the data to monitor the extent to
which children have received immunizations in ac-
cordance with the schedule established under section
2160(b);
510
‘‘(4) notifying parents if children have not re-
ceived immunizations in accordance with such sched-
ule; and
‘‘(5) such other activities as the Secretary may
authorize with respect to achieving the objectives es-
tablished by the Secretary for the year 2000 for the
immunization status of children in the United
States.
‘‘(c) REQUIREMENT REGARDING STATE LAWS.—
‘‘(1) IN GENERAL.—The Secretary may make a
grant under subsection (a) only if the State
involved—
‘‘(A) provides assurances satisfactory to
the Secretary that, not later than October 1,
1996, the State will be operating a registry in
accordance with this part, including having in
effect such laws and regulations as may be nec-
essary to so operate such a registry; and
‘‘(B) agrees that, prior to such date, the
State will make such efforts to operate a reg-
istry in accordance with this part as may be au-
thorized in the law and regulations of the State.
‘‘(2) RULES OF CONSTRUCTION.—
‘‘(A) With respect to the agreements made
by a State under this part, other than the
511
agreement under paragraph (1)(B), the Sec-
retary may require compliance with the agree-
ments only to the extent consistent with such
paragraph.
‘‘(B) This part does not authorize the Sec-
retary, as a condition of the receipt of a grant
under subsection (a) by a State, to prohibit the
State from providing any parent, upon the re-
quest of the parent, with an exemption from the
requirements established by the State pursuant
to this part for the collection of data regarding
any child of the parent.
‘‘SEC. 2172. REGISTRY DATA.
‘‘(a) 
IN
GENERAL.—For 
purposes 
of 
section
2171(b)(1), the data described in this section are the data
described in subsection (b) and the data described in sub-
section (c). This section applies to data regarding a child
without regard to whether the child is an eligible child as
defined in section 2162.
‘‘(b) DATA REGARDING BIRTH OF CHILD.—With re-
spect to the birth of a child, the data described in this
subsection is as follows:
‘‘(1) The name of each child born in the State
involved on or after October 1, 1993.
‘‘(2) Demographic data on the child.
512
‘‘(3) The name of one or both of the parents of
the child.
‘‘(4) The address, as of the date of the birth of
the child, of each parent whose name is received in
the registry pursuant to paragraph (3).
‘‘(c) DATA
REGARDING
INDIVIDUAL
IMMUNIZA-
TIONS.—With respect to a child to whom a pediatric vac-
cine is administered in the State involved, the data de-
scribed in this subsection is as follows:
‘‘(1) The name, age, and address of the child.
‘‘(2) The date on which the vaccine was admin-
istered to the child.
‘‘(3) The name and business address of the
health care provider that administered the vaccine.
‘‘(4) The address of the facility at which the
vaccine was administered.
‘‘(5) The name and address of one or both par-
ents of the child as of the date on which the vaccine
was administered, if such information is available to
the health care provider.
‘‘(6) The type of vaccine.
‘‘(7) The number or other information identify-
ing the particular manufacturing batch of the vac-
cine, if such information appears on the container or
513
packaging for the vaccine or is otherwise readily ac-
cessible to the health care provider.
‘‘(8) The dosage of vaccine that was adminis-
tered.
‘‘(9) A description of any adverse medical reac-
tions that the child experienced in relation to the
vaccine and of which the health care provider is
aware.
‘‘(10) Any other contraindications noted by the
health care provider with respect to administration
of the vaccine to the child.
‘‘(11) Such other data regarding immunizations
for the child, including identifying data, as the Sec-
retary may require consistent with applicable law
(including social security account numbers furnished
pursuant to section 205(c)(2)(E) of the Social
Security Act).
‘‘(d) DATE CERTAIN
FOR SUBMISSION
TO REG-
ISTRY.—The Secretary may make a grant under section
2171 only if the State involved agrees to ensure that, with
respect to a child—
‘‘(1) the data described in subsection (b) are
submitted to the registry under such section not
later than 6 weeks after the date on which the child
is born; and
514
‘‘(2) the data described in subsection (c) with
respect to a vaccine are submitted to such registry
not later than 6 weeks after the date on which the
vaccine is administered to the child.
‘‘SEC. 2173. GENERAL PROVISIONS.
‘‘(a) FEDERAL STANDARDS ON CONFIDENTIALITY.—
The Secretary shall by regulation establish standards pro-
viding for maintaining the confidentiality of the identity
of individuals with respect to whom data are maintained
in registries under section 2171. Such standards shall,
with respect to a State, provide that the State is to have
in effect laws regarding such confidentiality, including ap-
propriate penalties for violation of the laws. The Secretary
may make a grant under such section only if the State
involved agrees to comply with the standards.
‘‘(b) USE
OF SOCIAL SECURITY ACCOUNT NUM-
BERS.—Any usage or disclosure of data in registries under
section 2171 that consists of social security account num-
bers and related information which is otherwise permitted
under this part may be exercised only to the extent per-
mitted under section 205(c)(2)(E) of the Social Security
Act. For purposes of the preceding sentence, the term ‘re-
lated information’ has the meaning given such term in
clause (iv)(II) of such section.
515
‘‘(c) UNIFORMITY IN METHODOLOGIES.—The Sec-
retary shall establish standards regarding the methodolo-
gies used in establishing and operating registries under
section 2171, and may make a grant under such section
only if the State agrees to comply with the standards. The
Secretary shall provide for a reasonable degree of uniform-
ity among the States in such methodologies for the pur-
pose of ensuring the utility, comparability, and exchange
of the data maintained in such registries.
‘‘(d) COORDINATION AMONG STATES.—The Sec-
retary may make a grant under section 2171 to a State
only if, with respect to the operation of the registry of
the State under such section, the State agrees to cooperate
with the Secretary and with other States in carrying out
activities with respect to achieving the objectives estab-
lished by the Secretary for the year 2000 for the immuni-
zation status of children in the United States.
‘‘(e) REPORTS TO SECRETARY.—The Secretary may
make a grant under section 2171 only if the State involved
agrees to submit to the Secretary such reports as the Sec-
retary determines to be appropriate with respect to the
activities of the State under this part.
‘‘SEC. 2174. APPLICATION FOR GRANT.
‘‘An application by a State for a grant under section
2171 is in accordance with this section if the application—
516
‘‘(1) is submitted not later than the date speci-
fied by the Secretary;
‘‘(2) contains each agreement required in this
part;
‘‘(3) contains any information required in this
part to be submitted to the Secretary; and
‘‘(4) is in such form, is made in such manner,
and contains such agreements, assurances, and in-
formation as the Secretary determines to be nec-
essary to carry out this part.
‘‘SEC. 2175. DETERMINATION OF AMOUNT OF ALLOTMENT.
‘‘The Secretary shall determine the amount of the al-
lotments required in section 2171 for States for a fiscal
year in accordance with a formula established by the Sec-
retary that allots the amounts appropriated under section
2177 for the fiscal year on the basis of the costs of the
States in establishing and operating registries under sec-
tion 2171.
‘‘SEC. 2176. DEFINITIONS.
‘‘For purposes of this part, each of the terms ‘health
care provider, ‘pediatric vaccine’ and ‘parent’ has the
meaning given the term in section 2162.
‘‘SEC. 2177. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $50,000,000, for fiscal year
517
1994, $152,000,000 for fiscal year 1995, $125,000,000
for fiscal year 1996, and $35,000,000 for each of the fis-
cal years 1997 through 1999.
‘‘PART C—FUNDING FOR OTHER PURPOSES REGARDING
CHILDHOOD IMMUNIZATIONS
‘‘SEC. 2181. GRANTS REGARDING YEAR 2000 HEALTH OBJEC-
TIVES.
‘‘(a) IN GENERAL.—The Secretary, acting through
the Director of the Centers for Disease Control and Pre-
vention, may make grants to States for the purpose of car-
rying out activities with respect to achieving the objectives
established by the Secretary for the year 2000 for the im-
munization status of children in the United States, other
than providing for the purchase and delivery on behalf of
the State of any pediatric vaccine (as defined in section
2162).
‘‘(b) CERTAIN ACTIVITIES.—Subject to subsection
(a), the purposes for which a grant under such subsection
may be expended include the following:
‘‘(1) Research into the prevention and control
of diseases that may be prevented through vaccina-
tion.
‘‘(2) Demonstration projects for the prevention
and control of such diseases.
519
cipient and the amount of any other costs incurred
in connection with the detail of such officer or
employee.
When the furnishing of such supplies or equipment or the
detail of such an officer or employee is for the convenience
of and at the request of such grant recipient and for the
purpose of carrying out a program with respect to which
the grant under subsection (a) is made. The amount by
which any such grant is so reduced shall be available for
payment by the Secretary of the costs incurred in furnish-
ing the supplies or equipment, or in detailing the person-
nel, on which the reduction of such grant is based, and
such amount shall be deemed as part of the grant and
shall be deemed to have been paid to the grant recipient.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated $580,000,000 for fiscal year 1993,
$680,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through
1999.’’.
(b) AUTHORITY TO USE SOCIAL SECURITY ACCOUNT
NUMBERS.—Section 205(c)(2) of the Social Security Act
(42 U.S.C. 405(c)(2)) is amended—
(1) by redesignating subparagraphs (E) and
(F) as subparagraphs (F) and (G), respectively; and
520
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph:
‘‘(E)(i) The Secretary and each State receiving
grants under section 2171(a) of the Public Health Service
Act may utilize social security account numbers issued by
the Secretary under this subsection for purposes of—
‘‘(I) operating registries under such section to
maintain information including such numbers (and
establishing such registries, in the case of a State
that is not operating such a registry),
‘‘(II) utilizing such numbers to monitor the ex-
tent to which children have received immunizations
in accordance with the schedule established under
section 2160(b) of the Public Health Service Act,
and
‘‘(III) notifying parents if children have not re-
ceived immunizations in accordance with such sched-
ule.
‘‘(ii) Disclosure by individuals of social security ac-
count numbers may be required by a State for purposes
of identification of children in a registry operated pursu-
ant to a grant referred to in clause (i), except that such
disclosure may be required to be made only to persons spe-
cifically authorized in regulations of the Secretary pre-
scribed under part B of subtitle 3 of title XXI of the Pub-
521
lic Health Service Act. The Secretary shall take such ac-
tions as are necessary to restrict access to information
consisting of such numbers and related information only
to such authorized persons whose duties or responsibilities
require access for the purposes described in clause (i). The
Secretary shall issue regulations governing the use, main-
tenance, and disclosure by any holder of such information,
including appropriate administrative, technical, and phys-
ical safeguards, to ensure that only such authorized per-
sons have access to such information. Any use or disclo-
sure of such information in violation of such regulations
shall be deemed a disclosure in violation of subparagraph
(C)(vii).
‘‘(iii) The Secretary shall submit a report to the Com-
mittee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate not
later than January 1, 1996, and biennially thereafter, on
the operation of this subparagraph.
‘‘(iv) For purposes of this subparagraph—
‘‘(I) the term ‘State’ has the meaning provided
such term under section 2(f) of the Public Health
Service Act, and
‘‘(II) the term ‘related information’ means any
record, list, or compilation which indicates, directly
or indirectly, the identity of any individual with re-
522
spect to whom a social security account number is
maintained pursuant to this subparagraph and part
B of subtitle 3 of title XXI of the Public Health
Service Act.’’.
(c) RELATIONSHIP OF NEW PROGRAM OF IMMUNIZA-
TION GRANTS TO CURRENT PROGRAM.—
(1) STRIKING OF CURRENT PROGRAM.—Section
317 of the Public Health Service Act (42 U.S.C.
247b) is amended—
(A) in subsection (j)—
(i) by striking paragraph (1); and
(ii) by striking the remaining para-
graph designation; and
(B) in subsection (k)—
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2)
through (5) as paragraphs (1) through (4),
respectively.
(2) TRANSITIONAL
AUTHORITY
UNDER
NEW
PROGRAM.—With respect to activities that the Sec-
retary of Health and Human Services was author-
ized to carry out pursuant to section 317(j)(1) of
the Public Health Service Act (as in effect on the
day before the date of the enactment of this Act),
the Secretary may, for fiscal year 1994, carry out
523
any such activity under section 2181 of the Public
Health Service Act (as added by subsection (a) of
this section), notwithstanding the provisions of such
section 2181. The authority established in the pre-
ceding sentence includes the authority to purchase
vaccines.
(d) CONTINUED COVERAGE OF COSTS OF A PEDI-
ATRIC VACCINE UNDER GROUP HEALTH PLANS.—
(1) REQUIREMENT.—The requirement of this
paragraph, with respect to a group health plan for
plan years beginning after the date of the enactment
of this Act, is that the group health plan not reduce
its coverage of the costs of pediatric vaccines (as de-
fined under section 2162 of the Public Health Serv-
ice Act) below the coverage it provided as of May 1,
1993.
(2) ENFORCEMENT.—
(A) For purposes of section 2207 of the
Public Health Service Act, the requirement of
paragraph (1) is deemed a requirement of title
XXII of such Act.
(B) For purposes of subsections (a)
through (e) of section 4980B of the Internal
Revenue Code of 1986, paragraph (1) is
524
deemed a requirement of subsection (f) of such
section.
SEC. 5182. NATIONAL VACCINE INJURY COMPENSATION
PROGRAM AMENDMENTS.
(a) USE OF VACCINE INJURY COMPENSATION TRUST
FUND.—Section 6601(r) of the Omnibus Budget Rec-
onciliation Act of 1989 is amended by striking
‘‘$2,500,000 for each of fiscal years 1991 and 1992’’ each
place it appears and inserting ‘‘$3,000,000 for fiscal year
1994 and each fiscal year thereafter’’ (in three places).
(b) AMENDMENT OF VACCINE INJURY TABLE.—Sec-
tion 2116(b) of the Public Health Service Act (42 U.S.C.
300aa–16(b)) is amended by striking ‘‘such person may
file’’ and inserting ‘‘or to significantly increase the likeli-
hood of obtaining compensation, such person may, not-
withstanding section 2111(b)(2), file’’.
(c) EXTENSION OF TIME FOR DECISION.—Section
2112(d)(3)(D) 
of 
such 
Act 
(42 
U.S.C. 
300aa–
12(d)(3)(D)) is amended by striking ‘‘540 days’’ and in-
serting ‘‘30 months (but for no more than 6 months at
a time)’’.
(d) SIMPLIFICATION OF VACCINE INFORMATION MA-
TERIALS.—
(1) Section 2126(b) of such Act (42 U.S.C.
300aa–26(b)) is amended—
525
(A) by striking ‘‘by rule’’ in the matter
preceding paragraph (1);
(B) by striking, in paragraph (1), ‘‘, op-
portunity for a public hearing, and 90’’ and in-
serting ‘‘and 30’’; and
(C) by striking, in paragraph (2), ‘‘, appro-
priate health care providers and parent organi-
zations’’.
(2) Section 2126(c) of such Act (42 U.S.C.
300aa–26(c)) is amended—
(A) by inserting ‘‘shall be based on avail-
able data and information,’’ after ‘‘such mate-
rials’’ in the matter preceding paragraph (1),
and
(B) by striking paragraphs (1) through
(10) and inserting the following:
‘‘(1) a concise description of the benefits of the
vaccine,
‘‘(2) a concise description of the risks associ-
ated with the vaccine,
‘‘(3) a statement of the availability of the Na-
tional Vaccine Injury Compensation Program, and
‘‘(4) such other relevant information as may be
determined by the Secretary.’’.
526
(3) Subsections (a) and (d) of section 2126 of
such Act (42 U.S.C. 300aa–26) are each amended
by inserting ‘‘or to any other individual’’ after ‘‘to
the legal representatives of any child’’.
(4) Subsection (d) of section 2126 of such Act
(42 U.S.C. 300aa–26) is amended—
(A) by striking all after ‘‘subsection (a),’’
the second place it appears in the first sentence
and inserting ‘‘supplemented with visual presen-
tations or oral explanations, in appropriate
cases.’’, and
(B) by striking ‘‘or other information’’ in
the last sentence.
SEC. 5183. MEDICAID IMMUNIZATION PROVISIONS.
(a) OUTREACH AND EDUCATION.—
(1) IMMUNIZATION OUTREACH THROUGH EPSDT
PROGRAM.—Section 
1902(a)(43)(A) 
(42 
U.S.C.
1396a(a)(43)(A)) is amended by inserting before the
comma at the end the following: ‘‘and the need for
age-appropriate immunizations against vaccine-pre-
ventable diseases’’.
(2) COORDINATION
WITH
MATERNAL
AND
CHILD HEALTH BLOCK GRANT PROGRAMS AND WIC
PROGRAMS.—Section 
1902(a)(11) 
(42 
U.S.C.
1396a(a)(11)) is amended—
527
(A) in clause (B)—
(i) by striking ‘‘effective July 1,
1969,’’,
(ii) by striking ‘‘and’’ before ‘‘(ii)’’,
and
(iii) by striking ‘‘to him under section
1903’’ and inserting ‘‘to the individual
under section 1903, and (iii) providing for
coordination of information and education
on childhood vaccinations and delivery of
immunization services’’; and
(B) in clause (C), by inserting ‘‘(including
the provision of information and education on
childhood vaccinations and the delivery of im-
munization services)’’ after ‘‘operations under
this title’’.
(3) COVERAGE OF PUBLIC HOUSING HEALTH
CENTERS AS FEDERALLY-QUALIFIED HEALTH CEN-
TERS.—Section 
1905(l)(2)(B) 
(42 
U.S.C.
1396d(l)(2)(B)) is amended by striking ‘‘or 340’’
each place it appears and inserting ‘‘340, or 340A’’.
(4) EFFECTIVE DATE.—(A) Except as provided
in subparagraph (B), the amendments made by this
subsection shall apply to calendar quarters beginning
on or after October 1, 1993, without regard to
528
whether or not final regulations to carry out such
amendments have been promulgated by such date.
(B) In the case of a State plan for medical as-
sistance under title XIX of the Social Security Act
which the Secretary of Health and Human Services
determines requires State legislation (other than leg-
islation appropriating funds) in order for the plan to
meet the additional requirements imposed by the
amendments made by this subsection, the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its
failure to meet these additional requirements before
the first day of the first calendar quarter beginning
after the close of the first regular session of the
State legislature that begins after the date of the en-
actment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be
deemed to be a separate regular session of the State
legislature.
(b) 
SCHEDULE
OF
IMMUNIZATIONS
UNDER
EPSDT.—
(1) IN
GENERAL.—Section 1905(r)(1) (42
U.S.C. 1396d(r)(1)) is amended—
529
(A) in subparagraph (A)(i), by inserting
‘‘and, with respect to immunizations under sub-
paragraph (B)(iii), in accordance with the
schedule recommended by the Secretary under
section 2160 of the Public Health Service Act’’
after ‘‘child health care’’; and
(B) in subparagraph (B)(iii), by inserting
‘‘(according to the schedule recommended by
the Secretary under section 2160 of the Public
Health Service Act)’’ after ‘‘appropriate immu-
nizations’’.
(2) EFFECTIVE DATE.—The amendments made
by subparagraphs (A) and (B) of paragraph (1)
shall first apply 90 days after the date the Secretary
of Health and Human Services first issues the rec-
ommended schedule referred to in subparagraphs
(A)(i) 
and 
subparagraph 
(B)(iii) 
of 
section
1905(r)(1) of the Social Security Act (as amended
by such respective subparagraphs).
(c) ASSURING ADEQUATE PAYMENT RATES FOR AD-
MINISTRATION OF VACCINES TO CHILDREN.—
(1) PAYMENT
RATES.—Section 1926(a)(4)(B)
(42 U.S.C. 1396r–7(a)(4)(B)) is amended by insert-
ing ‘‘(including the administration of vaccines)’’
after ‘‘means services’’.
530
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to the plan amendment
required to be submitted under section 1926(a)(2) of
the Social Security Act by not later than April 1,
1994.
(d) DENIAL OF FEDERAL FINANCIAL PARTICIPATION
FOR INAPPROPRIATE ADMINISTRATION OF SINGLE–ANTI-
GEN VACCINE.—
(1) IN GENERAL.—Section 1903(i) (42 U.S.C.
1396b(i)), as amended by sections 5174(b) and
5131(a), is amended—
(A) in paragraph (13), by striking ‘‘or’’ at
the end,
(B) in paragraph (14), by striking the pe-
riod at the end and inserting ‘‘; or’’, and
(C) by inserting after paragraph (14) the
following new paragraph:
‘‘(15) with respect to any amount expended for
a single-antigen vaccine and its administration in
any case in which the administration of a combined-
antigen vaccine was medically appropriate (as deter-
mined by the Secretary).’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall apply to amounts expended
531
for vaccines administered on or after October 1,
1993.
(e) REQUIRING MEDICAID MANAGED CARE PLANS
TO COMPLY WITH IMMUNIZATION AND OTHER EPSDT
REQUIREMENTS.—
(1) IN GENERAL.—Section 1903(m) (42 U.S.C.
1396b(m)) is amended—
(A) in paragraph (2)(A), as amended by
subsections (a)(1) and (b)(1) of section 5135—
(i) by striking ‘‘and’’ at the end of
clause (xii),
(ii) by striking the period at the end
of clause (xiii) and inserting ‘‘; and’’, and
(iii) by adding at the end the follow-
ing new clause:
‘‘(xiv) the entity complies with the requirements
of paragraph (7) (relating to EPSDT compliance).’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(7) The contract between the State and an entity
referred to in paragraph (2)(A)(iii) shall—
‘‘(A) specify which early and periodic screening,
diagnostic, and treatment services are to be provided
532
under the contract to individuals under age 21 en-
rolled with the entity;
‘‘(B) in the case of such services which are not
to be so provided, specify the steps the entity will
take (through referrals or other arrangements) to
assure that such individuals will receive such serv-
ices; and
‘‘(C) require the entity to submit such periodic
reports as may be necessary to enable the State to
prepare and submit timely reports under section
1902(a)(43)(D) and section 506(a)(2).’’.
(2) APPLICATION
OF
INTERMEDIATE
SANC-
TIONS
FOR
FAILURE
TO
PROVIDE
IMMUNIZA-
TIONS
AND
OTHER
EPSDT
SERVICES.—Section
1903(m)(5)(A) (42 U.S.C. 1396b(m)(5)(A)) is
amended—
(A) by striking ‘‘, or’’ at the end of clause
(iv) and inserting a semicolon,
(B) by striking the comma at the end of
clause (v) and inserting ‘‘; or’’, and
(C) by inserting after clause (v) the follow-
ing new clause:
‘‘(vi) fails substantially to provide early and
periodic screening, diagnostic, and treatment serv-
533
ices to the extent specified in the contract under
paragraph (7)(A);’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to contract years be-
ginning on or after October 1, 1993, without regard
to whether or not final regulations to carry out such
amendments have been promulgated by such date.
(f) TRANSITION RULE.—
(1) MEDICAID USE OF CDC CONTRACT PRICE.—
The Secretary of Health and Human Services shall
not, on or after the date of the enactment of this
Act, enter into a contract for the purchase by the
Centers for Disease Control and Prevention of pedi-
atric vaccines for distribution (as provided for in
section 317 or section 2181 of the Public Health
Service Act) unless such contract provides that the
charge for such vaccines, for which medical assist-
ance is provided under a State plan under title XIX
of the Social Security Act, will not exceed the price
negotiated under the contract. The previous sentence
shall not apply, with respect to a vaccine for which
medical assistance is provided by a State, on and
after such date as the State becomes entitled to have
the Secretary provide for the purchase and delivery
534
on behalf of the State of that vaccine under section
2151 of the Public Health Service Act.
(2) OPTIONAL USE BY STATES OF CDC CON-
TRACT PRICE.—Nothing in paragraph (1) shall be
construed as limiting the Federal financial participa-
tion available to States, under title XIX of the So-
cial Security Act, for the cost of a pediatric vaccine
to the contract price described in such paragraph for
the vaccine.
SEC. 5184. AVAILABILITY OF MEDICAID PAYMENTS FOR
CHILDHOOD VACCINE REPLACEMENT PRO-
GRAMS.
(a) IN GENERAL.—Section 1902(a)(32) (42 U.S.C.
1396a(a)(32)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B),
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) in the case of payment for a child-
hood vaccine administered to individuals enti-
tled to medical assistance under the State plan,
the State plan may make payment directly to
the manufacturer of the vaccine under a vol-
535
untary replacement program agreed to by the
State pursuant to which the manufacturer (i)
supplies doses of the vaccine to providers ad-
ministering the vaccine, (ii) periodically replaces
the supply of the vaccine, and (iii) charges the
State the manufacturer’s bid price to the Cen-
ters for Disease Control and Prevention for the
vaccine so administered plus a reasonable pre-
mium to cover shipping and the handling of re-
turns;’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 5185. HEALTHY START FOR INFANTS.
(a) IN GENERAL.—Part D of title III of the Public
Health Service Act (42 U.S.C. 254b et seq.) is amended
by inserting after section 330 the following section:
‘‘HEALTHY START FOR INFANTS
‘‘SEC. 330A. (a) GRANTS
FOR COMPREHENSIVE
SERVICES.—
‘‘(1) IN GENERAL.—The Secretary may make
grants for the operation of not more than 21 dem-
onstration projects to provide the services described
in subsection (b) for the purpose of reducing, in the
geographic areas in which the projects are carried
out—
536
‘‘(A) the incidence of infant mortality and
morbidity;
‘‘(B) the incidence of fetal deaths;
‘‘(C) the incidence of maternal mortality;
‘‘(D) the incidence of fetal alcohol syn-
drome; and
‘‘(E) the incidence of low-birthweight
births.
‘‘(2) ACHIEVEMENT OF YEAR 2000 HEALTH STA-
TUS OBJECTIVES.—With respect to the objectives es-
tablished by the Secretary for the health status of
the population of the United States for the year
2000, the Secretary shall, in providing for a dem-
onstration project under paragraph (1) in a geo-
graphic area, seek to meet the objectives that are
applicable to the purpose described in such para-
graph and the populations served by the project.
‘‘(b) AUTHORIZED SERVICES.—
‘‘(1) IN GENERAL.—Subject to subsection (h),
the services referred to in this subsection are com-
prehensive services (including preventive and pri-
mary health services for pregnant women and in-
fants and childhood immunizations in accordance
with the schedule recommended by the Secretary
under section 2160) for carrying out the purpose de-
537
scribed in subsection (a), including services other
than health services.
‘‘(2) CERTAIN PROVIDERS.—The Secretary may
make a grant under subsection (a) only if the appli-
cant involved agrees that, in making any arrange-
ments under which other entities provide authorized
services in the demonstration project involved, the
applicant will include among the entities with which
the arrangements are made grantees under any of
sections 329, 330, 340, and 340A, if such grantees
are providing services in the service area of such
project and the grantees are willing to make such
arrangements with the applicant.
‘‘(c) ELIGIBLE GEOGRAPHIC AREAS.—The Secretary
may make a grant under subsection (a) only if—
‘‘(1) the applicant for the grant specifies the
geographic area in which the demonstration project
under such subsection is to be carried out and
agrees that the project will not be carried out in
other areas; and
‘‘(2) the rate of infant mortality in the geo-
graphic area equals or exceeds 150 percent of the
national average in the United States of such rates.
‘‘(d) MINIMUM QUALIFICATIONS OF GRANTEES.—
538
‘‘(1) PUBLIC
OR
NONPROFIT
PRIVATE
ENTI-
TIES.—The Secretary may make a grant under sub-
section (a) only if the applicant for the grant is a
State or local department of health, or other public
or nonprofit private entity, or a consortium of public
or nonprofit private entities.
‘‘(2) APPROVAL OF POLITICAL SUBDIVISIONS.—
With respect to a proposed demonstration project
under subsection (a), the Secretary may make a
grant under such subsection only if—
‘‘(A) the chief executive officer of each po-
litical subdivision in the service area of such
project approves the applicant for the grant as
being qualified to carry out the project; and
‘‘(B) the leadership of any Indian tribe or
tribal organization with jurisdiction over any
portion of such area so approves the applicant.
‘‘(3) STATUS AS MEDICAID PROVIDER.—
‘‘(A) In the case of any service described
in subsection (b) that is available pursuant to
the State plan approved under title XIX of the
Social Security Act for a State in which a dem-
onstration project under subsection (a) is car-
ried out, the Secretary may make a grant under
539
such subsection for the project only if, subject
to subparagraph (B)—
‘‘(i) the applicant for the grant will
provide the service directly, and the appli-
cant has entered into a participation agree-
ment under the State plan and is qualified
to receive payments under such plan; or
‘‘(ii) the applicant will enter into an
agreement with a public or private entity
under which the entity will provide the
service, and the entity has entered into
such a participation agreement under the
State plan and is qualified to receive such
payments.
‘‘(B)(i) In the case of an entity making an
agreement pursuant to subparagraph (A)(ii) re-
garding the provision of services, the require-
ment established in such subparagraph regard-
ing a participation agreement shall be waived
by the Secretary if the entity does not, in pro-
viding health care services, impose a charge or
accept reimbursement available from any third-
party payor, including reimbursement under
any insurance policy or under any Federal or
State health benefits plan.
540
‘‘(ii) A determination by the Secretary of
whether an entity referred to in clause (i) meets
the criteria for a waiver under such clause shall
be made without regard to whether the entity
accepts voluntary donations regarding the pro-
vision of services to the public.
‘‘(e) STATE APPROVAL OF PROJECT.—With respect
to a proposed demonstration project under subsection (a),
the Secretary may make a grant under such subsection
to the applicant involved only if—
‘‘(1) the chief executive officer of the State in
which the project is to be carried out approves the
proposal of the applicant for carrying out the
project; and
‘‘(2) the leadership of any Indian tribe or tribal
organization with jurisdiction over any portion of the
service area of the project so approves the proposal.
‘‘(f) ELIGIBILITY FOR SERVICES PROVIDED WITH
GRANT FUNDS.—
‘‘(1) IN GENERAL.—With respect to any au-
thorized service under subsection (b), if the service
is a service that States are required or authorized to
provide under title XIX of the Social Security Act,
the Secretary may make a grant under subsection
(a) only if the applicant involved agrees that the
541
grant will not be expended to provide the service to
any individual to whom States are required or au-
thorized under such title to provide the service. The
Secretary may not make a grant under subsection
(a) unless the State involved agrees that the grant
will not be expended to make payment for any item
or service to the extent that payment has been
made, or can reasonably be expected to be made,
with respect to such item or service—
‘‘(A) under a health insurance policy or
plan (including a group health plan or a pre-
paid health plan),
‘‘(B) under any Federal or State health
benefits program, including any program under
title V, XVIII, or XIX of the Social Security
Act, or
‘‘(C) under subpart 2 of part B of title
XIX of this Act.
‘‘(2) RULES OF CONSTRUCTION.—For purposes
of paragraph (1):
‘‘(A) Individuals to whom States are au-
thorized to provide services under title XIX of
the Social Security Act include, pursuant to
section 1902(l) of such title, pregnant women,
infants, and children with an income level not
542
less than 133 percent, and not more than 185
percent, of the official poverty line.
‘‘(B) Authorized services under subsection
(b) that are authorized to be provided under
title XIX of such Act include, pursuant to sec-
tion 1920 of such title, ambulatory prenatal
services during a period of presumptive eligi-
bility.
‘‘(C) Authorized services under subsection
(b) that are required to be provided under title
XIX of such Act include, pursuant to section
1905(a)(4)(B) of such title, early and periodic
screening, diagnostic, and treatment services for
children under the age of 21.
‘‘(D) Authorized services under subsection
(b) that are authorized to be provided under
title XIX of such Act include, pursuant to sec-
tion 1905(a)(19) of such title, case-manage-
ment services.
‘‘(g) MAINTENANCE OF EFFORT.—
‘‘(1) GRANTEE.—With respect to authorized
services under subsection (b), the Secretary may
make a grant under subsection (a) only if the appli-
cant involved agrees to maintain expenditures of
non-Federal amounts for such services at a level
543
that is not less than the level of such expenditures
maintained by the applicant for fiscal year 1991.
‘‘(2) RELEVANT
POLITICAL
SUBDIVISIONS.—
With respect to authorized services under subsection
(b), the Secretary may make a grant under sub-
section (a) only if each political subdivision in the
service area of the demonstration project involved
agrees to maintain expenditures of non-Federal
amounts for such services at a level that is not less
than the level of such expenditures maintained by
the political subdivision for fiscal year 1991.
‘‘(h) RESTRICTIONS ON EXPENDITURE OF GRANT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary may make a grant under
subsection (a) only if the applicant involved agrees
that the grant will not be expended—
‘‘(A) to provide inpatient services, except
with respect to residential treatment for sub-
stance abuse provided in settings other than
hospitals;
‘‘(B) to make cash payments to intended
recipients of health services or mental health
services; or
‘‘(C) to purchase or improve real property
(other than minor remodeling of existing im-
544
provements to real property) or to purchase
major medical equipment (other than mobile
medical units for providing ambulatory prenatal
services).
‘‘(2) ADMINISTRATIVE
EXPENSES; DATA
COL-
LECTION.—The Secretary may make a grant under
subsection (a) only if the applicant involved agrees
that not more than an aggregate 10 percent of the
grant will be expended for administering the grant
and the collection and analysis of data.
‘‘(3) WAIVER.—If the Secretary finds that the
purpose described in subsection (a) cannot otherwise
be carried out, the Secretary may, with respect to an
otherwise qualified applicant, waive the restriction
established in paragraph (1)(C).
‘‘(i) 
DETERMINATION
OF
CAUSE
OF
INFANT
DEATHS.—The Secretary may make a grant under sub-
section (a) only if the applicant involved—
‘‘(1) agrees to provide for a determination of
the cause of each infant death in the service area of
the demonstration project involved; and
‘‘(2) the applicant has made such arrangements
with public entities as may be necessary to carry out
paragraph (1).
545
‘‘(j) ANNUAL REPORTS TO SECRETARY.—The Sec-
retary may make a grant under subsection (a) only if the
applicant involved agrees that, for each fiscal year for
which the applicant operates a demonstration project
under such subsection the applicant will, not later than
April 1 of the subsequent fiscal year, submit to the Sec-
retary a report providing the following information with
respect to the project:
‘‘(1) The number of individuals that received
authorized services, and the demographic character-
istics of the population of such individuals.
‘‘(2) The types of authorized services provided,
including the types of ambulatory prenatal services
provided and the trimester of the pregnancy in
which the services were provided.
‘‘(3) The sources of payment for the authorized
services provided.
‘‘(4) The extent to which children under age 2
receiving authorized services have received the ap-
propriate number and variety of immunizations
against vaccine-preventable diseases.
‘‘(5) An analysis of the causes of death deter-
mined under subsection (i).
546
‘‘(6) The extent of progress being made toward
meeting the health status objectives specified in sub-
section (a)(2).
‘‘(7) The extent to which, in the service area in-
volved, progress is being made toward meeting the
participation goals established for the State by the
Secretary under section 1905(r) of the Social Secu-
rity Act (relating to early periodic screening, diag-
nostic, and treatment services for children under the
age of 21).
‘‘(k) COMMUNITY PARTICIPATION.—The Secretary
may make a grant under subsection (a) only if the appli-
cant involved agrees that, in preparing the proposal of the
applicant for the demonstration project involved, and in
the operation of the project, the applicant will consult with
the residents of the service area for the project and with
public and nonprofit private entities that provide author-
ized services to such residents.
‘‘(l) APPLICATION FOR GRANT.—The Secretary may
make a grant under subsection (a) only if an application
for the grant is submitted to the Secretary and the appli-
cation is in such form, is made in such manner, and con-
tains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this sub-
section.
547
‘‘(m) REPORT TO CONGRESS.—Not later than Feb-
ruary 1, 1998, the Secretary shall submit to the Commit-
tee on Energy and Commerce of the House of Representa-
tives, and the Committee on Labor and Human Resources
of the Senate, a report—
‘‘(1) summarizing the reports received by the
Secretary under subsection (j);
‘‘(2) describing the extent to which demonstra-
tion projects under subsection (a) have been cost ef-
fective; and
‘‘(3) describing the extent to which the Sec-
retary has, in the service areas of such projects,
been successful in meeting the health status objec-
tives specified in subsection (a)(2).
‘‘(n) LIMITATION ON CERTAIN EXPENSES OF SEC-
RETARY.—Of the amounts appropriated under subsection
(o) for a fiscal year, the Secretary may not obligate more
than an aggregate 5 percent for the administrative costs
of the Secretary in carrying out this section, for the provi-
sion of technical assistance regarding demonstration
projects under subsection (a), and for evaluations of such
projects.
‘‘(o) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘authorized services’ means the
services specified in subsection (b).
548
‘‘(2) The terms ‘Indian tribe’ and ‘tribal organi-
zation’ have the meaning given such terms in section
4(b) and section 4(c) of the Indian Self-Determina-
tion and Education Assistance Act.
‘‘(3) The term ‘service area’, with respect to a
demonstration project under subsection (a), means
the geographic area specified in subsection (c).
‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated for each of the fiscal years 1994
through 1997 such sums as may be necessary.
‘‘(q) SUNSET.—Effective October 1, 1997, this sec-
tion is repealed.’’.
(b) REPORT FOR FISCAL YEAR 1993.—With respect
to grants under section 330A of the Public Health Service
Act, as added by subsection (a) of this section, the Sec-
retary of Health and Human Services may make a grant
under such section for fiscal year 1994 only if the appli-
cant for the grant agrees to submit to the Secretary, not
later than April 1 of such year, a report on any federally-
supported project of the applicant that is substantially
similar to the demonstration projects authorized in such
section 330A, which report provides, to the extent prac-
ticable, the information described in subsection (j) of such
section.
549
(c) SAVINGS PROVISION.—With respect to grants
under section 330A of the Public Health Service Act, as
added by subsection (a) of this section and in effect for
the fiscal years 1994 through 1997, such grants remain
available for obligation and expenditure in accordance with
the terms upon which the grants were made, notwith-
standing the repeal of such section 330A pursuant to sub-
section (q) of such section.
(d) USE OF GENERAL AUTHORITY UNDER PUBLIC
HEALTH SERVICE ACT.—With respect to the program es-
tablished in section 330A of the Public Health Service Act,
as added by subsection (a) of this section, section 301 of
the Public Health Service Act may not be construed as
providing to the Secretary of Health and Human Services
any authority to carry out, during any fiscal year in which
such program is in operation, any demonstration project
to provide any of the services specified in subsection (b)
of such section 330A.
SEC. 5186. INCREASE IN AUTHORIZATION OF APPROPRIA-
TIONS FOR THE MATERNAL AND CHILD
HEALTH SERVICES BLOCK GRANT PROGRAM.
Section 501(a) (42 U.S.C. 701(a)) is amended by
striking ‘‘$686,000,000 for fiscal year 1990’’ and insert-
ing ‘‘$705,000,000 for fiscal year 1994’’.
550
SEC. 5187. MISCELLANEOUS TECHNICAL CORRECTIONS TO
PUBLIC HEALTH SERVICE ACT PROVISIONS.
(a) COMPENSATION FOR MEMBERS OF NATIONAL
ADVISORY COUNCIL
ON NATIONAL HEALTH SERVICE
CORPS.—
(1) IN GENERAL.—Section 337(b)(2) of the Public
Health Service Act (42 U.S.C. 254j(b)(2)) is amended—
(A) by inserting after ‘‘so serving’’ the fol-
lowing: ‘‘compensation at a rate fixed by the
Secretary (but not to exceed’’, and
(B) by striking ‘‘Schedule;’’ and inserting
‘‘Schedule);’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall take effect on the date of the
enactment of this Act.
(b) LIABILITY PROTECTIONS FOR INDIVIDUALS PRO-
VIDING SERVICES AT CERTAIN CLINICS.—
(1) CLARIFICATION OF VOLUNTARY PARTICIPA-
TION BY CERTAIN ENTITIES.—(A) Section 224(g) of
the 
Public 
Health 
Service 
Act 
(42 
U.S.C.
133(g)(1)), as added by section 2(a) of the Federally
Supported Health Centers Assistance Act of 1992, is
amended—
(i) in paragraph (4), by striking ‘‘An en-
tity’’ and inserting ‘‘Except as provided in
paragraph (6), an entity’’, and
551
(ii) by adding at the end the following new
paragraph:
‘‘(6) An entity may elect not to be treated as being
described in paragraph (4) if the entity establishes that
on a continuous basis since October 24, 1992, the entity
has been a participant in, and partial owner of, a nonprofit
risk retention group which offers malpractice and other
liability coverage to the entity.’’.
(B) Section 224(k)(2) of such Act (42 U.S.C.
233(k)(2)), as added by section 4 of the Federally
Supported Health Centers Assistance Act of 1992, is
amended by striking ‘‘entities receiving funds’’ and
all that follows through ‘‘subsection (g)’’ and insert-
ing the following: ‘‘entities described in subsection
(g)(4) and receiving funds under each of the grant
programs described in such subsection’’.
(2) CLARIFICATION OF COVERAGE OF OFFICERS
AND EMPLOYEES OF CLINICS.—The first sentence of
section 224(g)(1) of the Public Health Service Act
(42 U.S.C. 233(g)(1)) is amended by striking ‘‘offi-
cer, employee, or contractor’’ and inserting the fol-
lowing: ‘‘officer or employee of such an entity, and
any contractor’’.
(3) COVERAGE FOR SERVICES FURNISHED TO
INDIVIDUALS OTHER THAN PATIENTS OF CLINIC.—
552
Section 224(g) of such Act (42 U.S.C. 233(g)(1)),
as amended by paragraph (1), is amended—
(A) in the first sentence of paragraph (1),
by inserting after ‘‘Service’’ the following: ‘‘with
respect to services provided to patients of the
entity and (subject to paragraph (7)) to certain
other individuals’’; and
(B) by adding at the end the following new
paragraph:
‘‘(7) For purposes of paragraph (1), an officer, em-
ployee, or contractor described in such paragraph may be
deemed to be an employee of the Public Health Service
with respect to services provided to individuals who are
not patients of an entity described in paragraph (4) only
if the Secretary determines—
‘‘(A) that the provision of the services to such
individuals is necessary to assure the treatment of
patients of such an entity; or
‘‘(B) that such services are otherwise required
to be provided to such individuals under an employ-
ment contract (or other similar arrangement) be-
tween the individual and the entity.’’.
(4) DETERMINING
COMPLIANCE
OF
ENTITY
WITH
REQUIREMENTS
FOR
COVERAGE.—Section
224(h) of such Act (42 U.S.C. 233(h)), as added by
553
section 2(b) of the Federally Supported Health Cen-
ters Assistance Act of 1992, is amended by striking
‘‘the entity—’’ and inserting the following: ‘‘the Sec-
retary, after receiving such assurances and conduct-
ing such investigation as the Secretary considers
necessary, finds that the entity—’’.
(5) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect as if included in
the enactment of the Federally Supported Health
Centers Assistance Act of 1992.
(c) ELIMINATION OF DUPLICATE WAIVER AUTHOR-
ITY FOR PARTICIPANTS IN NATIONAL HEALTH SERVICE
CORPS.—Section 338E(c) of the Public Health Service
Act (42 U.S.C. 254o(c)) is amended by striking paragraph
(3) and redesignating paragraph (4) as paragraph (3).
(d) CLARIFICATION OF PROHIBITION AGAINST RE-
SALE OF DRUGS UNDER DRUG REBATE AGREEMENTS.—
Section 340B(a)(5)(B) of the Public Health Service Act
(42 U.S.C. 256b(a)(5)(B)), as added by section 602(a) of
the Veterans Health Care of 1992, is amended by striking
‘‘entity.’’ and inserting ‘‘covered entity.’’.
Subtitle C—Communications
Licensing Improvement
SEC. 5200. TABLE OF CONTENTS.
The table of contents is as follows:
554
Subtitle C—Communications Licensing Improvement
Sec. 5200. Table of contents.
CHAPTER 1—COMPETITIVE BIDDING AUTHORITY
Sec. 5201. Short title.
Sec. 5202. Findings.
Sec. 5203. Authority to use competitive bidding.
Sec. 5204. Conforming amendments.
Sec. 5205. Regulatory parity.
Sec. 5206. Effective dates; deadlines for Commission action.
CHAPTER 2—EMERGING TELECOMMUNICATIONS TECHNOLOGIES
Sec. 5221. Short title.
Sec. 5222. Amendment to the National Telecommunications and Information
Administration Organization Act.
CHAPTER 3—COMMUNICATIONS TECHNICAL AMENDMENTS
Sec. 5241. Clerical corrections.
Sec. 5242. Transfer of provisions of law concerning public telecommunications
facilities, children’s educational television, and telecommuni-
cations demonstration program.
Sec. 5243. Elimination of expired and outdated provisions.
Sec. 5244. Stylistic consistency.
CHAPTER 1—COMPETITIVE BIDDING
AUTHORITY
SEC. 5201. SHORT TITLE.
This chapter may be cited as the ‘‘Licensing Improve-
ment Act of 1993’’.
SEC. 5202. FINDINGS.
The Congress finds that—
(1) current licensing procedures often delay de-
livery of services to the public and can result in the
unjust enrichment of applicants on the basis of the
value of the public airwaves;
(2) if licensees are engaged in reselling the use
of the public airwaves to subscribers for a fee, the
555
licensee should pay reasonable compensation to the
public for those public resources;
(3) a carefully designed system to obtain com-
petitive bids from competing qualified applicants can
speed delivery of services, promote efficient and in-
tensive use of the electromagnetic spectrum, prevent
unjust enrichment, and produce revenues to com-
pensate the public for the use of the public airwaves;
and
(4) therefore, the Federal Communications
Commission should have the authority to differen-
tiate among multiple qualified applicants for a single
license using a system of competitive bids.
SEC. 5203. AUTHORITY TO USE COMPETITIVE BIDDING.
Section 309 of the Communications Act of 1934 (47
U.S.C. 309) is amended by adding at the end the following
new subsection:
‘‘(j) USE OF COMPETITIVE BIDDING.—
‘‘(1) GENERAL AUTHORITY.—If mutually exclu-
sive applications are filed for any initial license or
construction permit which will involve a use of the
electromagnetic spectrum described in paragraph
(2), then the Commission shall have the authority to
grant such license or permit to a qualified applicant
556
through the use of a system of competitive bidding
that meets the requirements of this subsection.
‘‘(2) USES TO WHICH BIDDING MAY APPLY.—A
use of the electromagnetic spectrum is described in
this paragraph if the Commission determines that—
‘‘(A) the principal use of such spectrum
will involve, or is reasonably likely to involve,
the licensee receiving compensation from sub-
scribers in return—
‘‘(i) for the licensee enabling those
subscribers to receive communications sig-
nals that are transmitted utilizing fre-
quencies on which the licensee is licensed
to operate; or
‘‘(ii) for the licensee enabling those
subscribers to transmit directly commu-
nications signals utilizing frequencies on
which the licensee is licensed to operate;
and
‘‘(B) a system of competitive bidding will
promote the objectives described in paragraph
(3).
‘‘(3) DESIGN
OF
SYSTEMS
OF
COMPETITIVE
BIDDING.—For each license or permit, or class of
licenses or permits, that the Commission grants
557
through the use of a competitive bidding system, the
Commission shall, by rule, establish a competitive
bidding methodology. The Commission shall seek to
design and test multiple alternative methodologies
under appropriate circumstances. In identifying li-
censes and permits to be issued by competitive bid-
ding, in specifying eligibility and other characteris-
tics of such licenses and permits, and in designing
the methodologies for use under this subsection, the
Commission shall seek to promote the purposes
specified in section 1 of this Act and the following
objectives:
‘‘(A) the development and rapid deploy-
ment of new technologies, products, and serv-
ices for the benefit of the public, including
those residing in rural areas, without adminis-
trative or judicial delays;
‘‘(B) promoting economic opportunity and
competition and ensuring that new and innova-
tive technologies are readily accessible to the
American people by avoiding excessive con-
centration of licenses and by disseminating li-
censes among a wide variety of applicants, in-
cluding small businesses and businesses owned
by members of minority groups and women;
558
‘‘(C) recovery for the public of a portion of
the value of the public spectrum resource made
available for commercial use and avoidance of
unjust enrichment through the methods em-
ployed to award uses of that resource; and
‘‘(D) efficient and intensive use of the elec-
tromagnetic spectrum.
‘‘(4) CONTENTS
OF
REGULATIONS.—In pre-
scribing rules pursuant to paragraph (3), the Com-
mission shall—
‘‘(A) consider alternative payment sched-
ules and methods of calculation, including ini-
tial lump sums, installment or royalty pay-
ments, guaranteed annual minimum payments,
or other schedules or methods that promote the
objectives described in paragraph (3)(B), and
combinations of such schedules and methods;
‘‘(B) include performance requirements,
such as appropriate deadlines and penalties for
performance failures, to ensure prompt delivery
of service to rural areas, to prevent stockpiling
or warehousing of spectrum by licensees or per-
mittees, and to promote investment in and
rapid deployment of new technologies and serv-
ices;
559
‘‘(C) consistent with the public interest,
convenience, and necessity, the purposes of this
Act, and the characteristics of the proposed
service, prescribe area designations and band-
width assignments that promote (i) an equitable
distribution of licenses and services among geo-
graphic areas, (ii) economic opportunity for a
wide variety of applicants, including small busi-
nesses and businesses owned by members of mi-
nority groups and women, and (iii) investment
in and rapid deployment of new technologies
and services; and
‘‘(D) require such transfer disclosures and
antitrafficking restrictions and payment sched-
ules as may be necessary to prevent unjust en-
richment as a result of the methods employed
to issue licenses and permits.
‘‘(5) BIDDER AND LICENSEE QUALIFICATION.—
No person shall be permitted to participate in a sys-
tem of competitive bidding pursuant to this sub-
section unless such bidder submits such information
and assurances as the Commission may require to
demonstrate that such bidder’s application is accept-
able for filing. No license shall be granted to an ap-
plicant selected pursuant to this subsection unless
560
the Commission determines that the applicant is
qualified pursuant to subsection (a) and sections
308(b) and 310. Consistent with the objectives de-
scribed in paragraph (3), the Commission shall, by
rule, prescribe expedited procedures consistent with
the procedures authorized by subsection (i)(2) for
the resolution of any substantial and material issues
of fact concerning qualifications.
‘‘(6) RULES
OF
CONSTRUCTION.—Nothing in
this subsection, or in the use of competitive bidding,
shall—
‘‘(A) limit or otherwise affect the require-
ments of subsection (h) of this section, section
301, 304, 307, 310, or 706, or any other provi-
sion of this Act (other than subsections (d)(2)
and (e) of this section);
‘‘(B) be construed to convey any rights, in-
cluding any expectation of renewal of a license,
that differ from the rights that apply to other
licenses within the same service that were not
issued pursuant to this subsection; or
‘‘(C) be construed to prohibit the Commis-
sion from issuing nationwide licenses or per-
mits.
561
‘‘(7) LIMITATION OF EFFECT ON ALLOCATION
DECISIONS.—In making a decision pursuant to sec-
tion 303(c) to assign a band of frequencies to a use
for which licenses or permits will be issued pursuant
to this subsection, and in prescribing regulations
pursuant to paragraph (4)(A) and (4)(C) of this
subsection, the Commission may not base a finding
of public interest, convenience, and necessity solely
or predominantly on the expectation of Federal reve-
nues from the use of a system of competitive bidding
under this subsection.
‘‘(8) TREATMENT OF REVENUES.—All proceeds
from the use of a competitive bidding system under
this subsection shall be deposited in the Treasury in
accordance with chapter 33 of title 31, United
States Code. A license or permit issued by the Com-
mission under this section shall not be treated as the
property of the licensee for tax purposes by any
State or local government entity.
‘‘(9) TERMINATION; EVALUATION.—The author-
ity of the Commission to grant a license or permit
under this subsection shall expire September 30,
1998. Not later than September 30, 1997, the Com-
mission shall conduct a public inquiry and submit to
the Congress a report—
562
‘‘(A) describing the methodologies estab-
lished by the Commission pursuant to para-
graphs (3) and (4);
‘‘(B) comparing the relative advantages
and disadvantages of such methodologies in
terms of attaining the objectives described in
such paragraphs;
‘‘(C) evaluating the extent to which such
methodologies have secured prompt delivery of
service to rural areas; and
‘‘(D) containing a statement of the reve-
nues obtained, and a projection of the future
revenues, from the use of competitive bidding
systems under this subsection.’’.
SEC. 5204. CONFORMING AMENDMENTS.
Section 309 of the Communications Act of 1934 is
further amended—
(1) by striking subsection (i)(1) and inserting
the following:
‘‘(i) RANDOM SELECTION.—
‘‘(1) GENERAL AUTHORITY.—If—
‘‘(A) there is more than one application for
any initial license or construction permit which
will involve a use of the electromagnetic spec-
trum; and
563
‘‘(B) the Commission has determined that
the use is not described in subsection (j)(2)(A);
then the Commission shall have the authority to
grant such license or permit to a qualified applicant
through the use of a system of random selection.’’;
(2) in paragraph (2)—
(A) by indenting paragraph (2), including
subparagraphs (A) through (C), by an addi-
tional 2 em spaces; and
(B) by inserting ‘‘DETERMINATIONS
OF
QUALIFICATIONS.—’’ after ‘‘(2)’’;
(3) in paragraph (3)—
(A) by indenting subparagraphs (A) and
(B), and so much of subparagraph (C) as pre-
cedes clause (i), by an additional 2 em spaces;
(B) by indenting clauses (i) and (ii) of sub-
paragraph (C) by an additional 4 em spaces;
and
(C) by inserting ‘‘PREFERENCES; DIVER-
SITY.—’’ after ‘‘(3)’’;
(4) in paragraph (4)—
(A) by indenting subparagraphs (A) and
(B) of such paragraph by an additional 2 em
spaces;
564
(B) by inserting ‘‘RULEMAKING SCHEDULE
AND AUTHORITY.—’’ after ‘‘(4)’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(C) Not later than 180 days after the date of
enactment of this subparagraph, the Commission
shall 
prescribe 
such 
transfer 
disclosures 
and
antitrafficking restrictions and payment schedules as
are necessary to prevent the unjust enrichment of
recipients of licenses or permits as a result of the
methods employed to issue licenses under this sub-
section.’’.
SEC. 5205. REGULATORY PARITY.
(a) AMENDMENT.—Section 332 of the Communica-
tions Act of 1934 (47 U.S.C. 332) is amended—
(1) by striking ‘‘PRIVATE LAND’’ from the head-
ing of the section; and
(2) by amending striking subsection (c) and in-
serting the following:
‘‘(c) REGULATORY TREATMENT OF MOBILE SERV-
ICES.—
‘‘(1) COMMON CARRIER TREATMENT OF COM-
MERCIAL MOBILE SERVICES.—(A) A person engaged
in the provision of commercial mobile services shall,
insofar as such person is so engaged, be treated as
565
a common carrier for purposes of this Act, except
for such provisions of title II as the Commission
may, consistent with the public interest, specify as
inapplicable by rule. In prescribing any such rule,
the Commission may not specify section 201, 202, or
208, or any other provision that the Commission de-
termines to be necessary in order to ensure that the
charges, practices, classifications, or regulations for
or in connection with commercial mobile services are
just and reasonable and are not unjustly or unrea-
sonably discriminatory or is otherwise in the public
interest.
‘‘(B) Upon reasonable request of any person
providing commercial mobile service, the Commission
shall order a common carrier to establish physical
connections with such service pursuant to the provi-
sions of section 201 of this Act. Except to the extent
that the Commission is required to respond to such
a request, this subparagraph shall not be construed
as a limitation or expansion of the Commission’s au-
thority to order interconnection pursuant to this
Act.
‘‘(2) NONCOMMON
CARRIER
TREATMENT
OF
PRIVATE
LAND
MOBILE
SERVICES.—A person en-
gaged in private land mobile service shall not, inso-
566
far as such person is so engaged, be treated as a
common carrier for any purpose under this Act. A
common carrier (other than a person that was treat-
ed as provider of private land mobile services prior
to the enactment of the Licensing Improvement Act
of 1993) shall not provide any dispatch service on
any frequency allocated for common carrier service,
except to the extent such dispatch service is provided
on stations licensed in the domestic public land mo-
bile radio service before January 1, 1982. The Com-
mission may by regulation terminate, in whole or in
part, the prohibition contained in the preceding sen-
tence if the Commission determines that such termi-
nation will serve the public interest.
‘‘(3) STATE
AUTHORITY
TO
REGULATE.—(A)
Notwithstanding sections 2(b) and 221(b), no State
or local government shall have any authority to im-
pose any rate or entry regulation upon any commer-
cial mobile service or any private land mobile service,
except that this paragraph shall not prohibit a State
from regulating the other terms and conditions of
commercial mobile services.
‘‘(B) Notwithstanding subparagraph (A), a
State may petition the Commission for authority to
regulate the rates for any commercial mobile service
567
and the Commission shall grant such petition if such
State demonstrates that (i) such service is a sub-
stitute for land line telephone exchange service for a
substantial portion of the public within such State,
or (ii) market conditions with respect to such serv-
ices fail to protect subscribers adequately from un-
just and unreasonable rates or rates that are un-
justly or unreasonably discriminatory. The Commis-
sion shall provide reasonable opportunity for public
comment in response to such petition, and shall,
within 9 months after the date of its submission,
grant or deny such petition. If the Commission
grants such petition, the Commission shall authorize
the State to exercise under State law such authority
over rates, for such periods of time, as the Commis-
sion deems necessary to ensure that such rates are
just and reasonable and not unjustly or unreason-
ably discriminatory.
‘‘(4) REGULATORY
TREATMENT
OF
COMMU-
NICATIONS
SATELLITE
CORPORATION.—Nothing in
this subsection shall be construed to alter or affect
the regulatory treatment required by title IV of the
Communications Satellite of 1962 of the corporation
authorized by title III of such Act.
‘‘(d) DEFINITIONS.—For purposes of this section—
568
‘‘(1) the term ‘commercial mobile service’
means all mobile services (as defined in section 3(n))
that—
‘‘(A) are provided for profit (i) to the pub-
lic, (ii) on an indiscriminate basis, or (iii) to
such broad classes of eligible users as to be ef-
fectively available to a substantial portion of the
public; and
‘‘(B) are interconnected (or have requested
interconnection pursuant to paragraph (1)(B))
with the public switched network (as such terms
are defined by regulation by the Commission);
and
‘‘(2) the term ‘private mobile service’ means
any mobile service (as defined in section 3(n)) that
is not a commercial mobile service.’’.
(b) CONFORMING AMENDMENTS.—
(1) AMENDMENTS TO DEFINITIONS.—Section 3
of the Communications Act of 1934 (47 U.S.C. 153)
is amended—
(A) in subsection (n)—
(i) by inserting ‘‘(1)’’ after ‘‘and in-
cludes’’; and
(ii) by inserting before the period at
the end the following: ‘‘, (2) a mobile serv-
569
ice which provides a regularly interacting
group of base, mobile, portable, and associ-
ated control and relay stations (whether li-
censed on an individual, cooperative, or
multiple basis) for private one-way or two-
way land mobile radio communications by
eligible users over designated areas of op-
eration, and (3) any service for which a li-
cense is required in a personal communica-
tions service established pursuant to the
proceeding entitled ‘Amendment of the
Commission’s Rules to Establish New Per-
sonal Communications Services’ (GEN
Docket No. 90–314; ET Docket No. 92–
100), or any successor proceeding’’; and
(B) by striking subsection (gg).
(2) CONFORMING
AMENDMENTS
TO
SECTION
332.—Section 332 of such Act is further amended—
(A) in subsection (a), by inserting after
‘‘(a)’’ the following: ‘‘MANAGEMENT
OF PRI-
VATE LAND MOBILE FREQUENCIES.—’’;
(B) in subsection (b)—
(i) by indenting the margin of para-
graphs (2) through (4) by 2 em spaces;
570
(ii) by striking ‘‘(b)(1)’’ and inserting
the following:
‘‘(b) USE OF ADVISORY COMMITTEE.—
‘‘(1) COORDINATION
OF
FREQUENCY
ASSIGN-
MENT.—’’;
(iii) by inserting ‘‘EXEMPTION.—’’
after ‘‘(2)’’;
(iv) by inserting ‘‘NONEMPLOYEE
STATUS.—’’ after ‘‘(3)’’; and
(v) by inserting ‘‘APPLICATION
OF
FEDERAL
ADVISORY
COMMITTEE
ACT.—’’
after ‘‘(4).
SEC. 5206. EFFECTIVE DATES; DEADLINES FOR COMMIS-
SION ACTION.
(a) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this chapter are
effective on the date of enactment of this Act.
(2) EFFECTIVE
DATE
OF
MOBILE
SERVICE
AMENDMENTS.—The amendments made by section
5205 shall be effective 1 year after such date of en-
actment, except that any person that provides pri-
vate land mobile services before such date of enact-
ment shall continue to be treated as a provider of
571
private land mobile service until 3 years after such
date of enactment.
(b) DEADLINES FOR COMMISSION ACTION.—
(1) 
GENERAL
RULEMAKING.—The 
Federal
Communications Commission shall prescribe rules to
implement section 309(j) of the Communications Act
of 1934 (as added by this chapter) within 210 days
after the date of enactment of this Act.
(2) PCS ORDERS AND LICENSING.—The Com-
mission shall—
(A) within 180 days after such date of en-
actment, issue a final report and order (i) in
the matter entitled ‘‘Redevelopment of Spec-
trum to Encourage Innovation in the Use of
New Telecommunications Technologies’’ (ET
Docket No. 92–9); and (ii) in the matter enti-
tled ‘‘Amendment of the Commission’s Rules to
Establish New Personal Communications Serv-
ices’’ (GEN Docket No. 90–314; ET Docket
No. 92–100); and
(B) within 270 days after such date of en-
actment, commence issuing licenses and permits
in the personal communications service.
(3) 
MOBILE
SERVICE
RULEMAKING
RE-
QUIRED.—Within 1 year after the date of enactment
572
of this Act, the Federal Communications Commis-
sion shall—
(A) issue such modifications or termi-
nations of its regulations concerning private
land mobile services as are necessary to imple-
ment the amendments made by section 5205;
(B) make such other modifications of such
regulations as may be necessary to equalize the
regulatory treatment of providers of all com-
mercial mobile services that offer services that
are substantially similar; and
(C) include in such modifications and ter-
minations such provisions as are necessary to
provide for an orderly transition to the regu-
latory treatment required by such amendments.
(c) SPECIAL RULE.—The Federal Communications
Commission shall not issue any license or permit pursuant
to section 309(i) of the Communications Act of 1934 after
the date of enactment of this Act unless the Commission
has made the determination required by paragraph (1)(B)
of such section (as added by this chapter).
573
CHAPTER 2—EMERGING
TELECOMMUNICATIONS TECHNOLOGIES
SEC. 5221. SHORT TITLE.
This chapter may be cited as the ‘‘Emerging Tele-
communications Technologies Act of 1993’’.
SEC. 5222. AMENDMENT TO THE NATIONAL TELECOMMUNI-
CATIONS AND INFORMATION ADMINISTRA-
TION ORGANIZATION ACT.
The National Telecommunications and Information
Administration Organization Act is amended—
(1) by striking the heading of part B and in-
serting the following:
‘‘PART D—SPECIAL AND TEMPORARY
PROVISIONS’’;
(2) by redesignating sections 131 through 135
as sections 151 through 155, respectively; and
(3) by inserting after part A the following new
part:
‘‘PART B—EMERGING TELECOMMUNICATIONS
TECHNOLOGIES
‘‘SEC. 111. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Federal Government currently reserves
for its own use, or has priority of access to, approxi-
mately 40 percent of the electromagnetic spectrum
574
that is assigned for use pursuant to the Communica-
tions Act of 1934;
‘‘(2) many of such frequencies are underutilized
by Federal Government licensees;
‘‘(3) the public interest requires that many of
such frequencies be utilized more efficiently by Fed-
eral Government and non-Federal licensees;
‘‘(4) additional frequencies are assigned for
services that could be obtained more efficiently from
commercial carriers or other vendors;
‘‘(5) scarcity of assignable frequencies for li-
censing by the Commission can and will—
‘‘(A) impede the development and commer-
cialization of new telecommunications products
and services;
‘‘(B) limit the capacity and efficiency of
the United States telecommunications systems;
‘‘(C) prevent some State and local police,
fire, and emergency services from obtaining
urgently needed radio channels; and
‘‘(D) adversely affect the productive capac-
ity and international competitiveness of the
United States economy;
‘‘(6) a reassignment of these frequencies can
produce significant economic returns; and
575
‘‘(7) the Secretary of Commerce, the President,
and the Federal Communications Commission should
be directed to take appropriate steps to correct these
deficiencies.
‘‘SEC. 112. NATIONAL SPECTRUM PLANNING.
‘‘(a) PLANNING ACTIVITIES.—The Assistant Sec-
retary and the Chairman of the Commission shall meet,
at least biannually, to conduct joint spectrum planning
with respect to the following issues—
‘‘(1) the future spectrum requirements for pub-
lic and private uses, including State and local gov-
ernment public safety agencies;
‘‘(2) the spectrum allocation actions necessary
to accommodate those uses; and
‘‘(3) actions necessary to promote the efficient
use of the spectrum, including spectrum manage-
ment techniques to promote increased shared use of
the spectrum that does not cause harmful inter-
ference as a means of increasing commercial access.
‘‘(b) REPORTS.—The Assistant Secretary and the
Chairman of the Commission shall submit a joint annual
report to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, the Secretary,
and the Commission on the joint spectrum planning activi-
576
ties conducted under subsection (a) and recommendations
for action developed pursuant to such activities.
‘‘(c) REPORTING REQUIREMENTS.—The first annual
report submitted after the date of the report by the advi-
sory committee under section 113(d)(4) shall—
‘‘(1) include an analysis of and response to that
committee report; and
‘‘(2) include an analysis of the effect on spec-
trum efficiency and the cost of equipment to Federal
spectrum users of maintaining separate allocations
for Federal Government and non-Federal Govern-
ment licensees for the same or similar services.
‘‘SEC. 
113. 
IDENTIFICATION 
OF 
REALLOCABLE 
FRE-
QUENCIES.
‘‘(a) IDENTIFICATION REQUIRED.—The Secretary
shall, within 24 months after the date of the enactment
of this part, prepare and submit to the President and the
Congress a report identifying bands of frequencies that—
‘‘(1) are allocated on a primary basis for Fed-
eral Government use and eligible for licensing pursu-
ant to section 305(a) of the Act (47 U.S.C. 305(a));
‘‘(2) are not required for the present or identifi-
able future needs of the Federal Government;
‘‘(3) can feasibly be made available, as of the
date of submission of the report or at any time dur-
577
ing the next 15 years, for use under the Act (other
than for Federal Government stations under such
section 305);
‘‘(4) will not result in costs to the Federal Gov-
ernment, or losses of services or benefits to the pub-
lic, that are excessive in relation to the benefits that
may be obtained by non-Federal licensees; and
‘‘(5) are most likely to have the greatest poten-
tial for productive uses and public benefits under the
Act.
‘‘(b) MINIMUM
AMOUNT
OF
SPECTRUM
REC-
OMMENDED.—
‘‘(1) IN
GENERAL.—Based on the report re-
quired by subsection (a), the Secretary shall rec-
ommend for reallocation, for use other than by Fed-
eral Government stations under section 305 of the
Act (47 U.S.C. 305), bands of frequencies that span
a total of not less than 200 megahertz, that are lo-
cated below 6 gigahertz, and that meet the criteria
specified in paragraphs (1) through (4) of subsection
(a). The Secretary may not include, in such 200
megahertz, bands of frequencies that span more
than 20 megahertz and that are located between 5
and 6 gigahertz. If the report identifies (as meeting
such criteria) bands of frequencies spanning more
578
than 200 megahertz, the report shall identify and
recommend for reallocation those bands (spanning
not less than 200 megahertz) that meet the criteria
specified in paragraph (5) of such subsection.
‘‘(2) MIXED USES PERMITTED TO BE COUNT-
ED.—Bands of frequencies which the Secretary’s re-
port recommends be partially retained for use by
Federal Government stations, but which are also
recommended to be reallocated to be made available
under the Act for use by non-Federal stations, may
be counted toward the minimum spectrum required
by paragraph (1) of this subsection, except that—
‘‘(A) the bands of frequencies counted
under this paragraph may not count toward
more than one-half of the minimum required by
paragraph (1) of this subsection;
‘‘(B) a band of frequencies may not be
counted under this paragraph unless the assign-
ments of the band to Federal Government sta-
tions under section 305 of the Act (47 U.S.C.
305) are limited by geographic area, by time, or
by other means so as to guarantee that the po-
tential use to be made by such Federal Govern-
ment stations is substantially less (as measured
by geographic area, time, or otherwise) than the
579
potential use to be made by non-Federal
stations; and
‘‘(C) the operational sharing permitted
under this paragraph shall be subject to coordi-
nation procedures which the Commission shall
establish and implement to ensure against
harmful interference.
‘‘(c) CRITERIA FOR IDENTIFICATION.—
‘‘(1) NEEDS OF THE FEDERAL GOVERNMENT.—
In determining whether a band of frequencies meets
the criteria specified in subsection (a)(2), the Sec-
retary shall—
‘‘(A) consider whether the band of fre-
quencies is used to provide a communications
service that is or could be available from a com-
mercial carrier or other vendor;
‘‘(B) seek to promote—
‘‘(i) the maximum practicable reliance
on commercially available substitutes;
‘‘(ii) the sharing of frequencies (as
permitted under subsection (b)(2));
‘‘(iii) the development and use of new
communications technologies; and
‘‘(iv) the use of nonradiating commu-
nications systems where practicable; and
580
‘‘(C) seek to avoid—
‘‘(i) serious degradation of Federal
Government services and operations; and
‘‘(ii) excessive costs to the Federal
Government and users of Federal Govern-
ment services.
‘‘(2) FEASIBILITY
OF
USE.—In determining
whether a frequency band meets the criteria speci-
fied in subsection (a)(3), the Secretary shall—
‘‘(A) assume such frequencies will be as-
signed by the Commission under section 303 of
the Act (47 U.S.C. 303) over the course of not
less than 15 years;
‘‘(B) assume reasonable rates of scientific
progress and growth of demand for tele-
communications services;
‘‘(C) determine the extent to which the
reallocation or reassignment will relieve actual
or potential scarcity of frequencies available for
licensing by the Commission for non-Federal
use;
‘‘(D) seek to include frequencies which can
be used to stimulate the development of new
technologies; and
581
‘‘(E) consider the immediate and recurring
costs to reestablish services displaced by the
reallocation of spectrum.
‘‘(3) ANALYSIS OF BENEFITS.—In determining
whether a band of frequencies meets the criteria
specified in subsection (a)(4), the Secretary shall
consider—
‘‘(A) the extent to which equipment is or
will be available that is capable of utilizing the
band;
‘‘(B) the proximity of frequencies that are
already assigned for commercial or other non-
Federal use; and
‘‘(C) the activities of foreign governments
in making frequencies available for experimen-
tation or commercial assignments in order to
support their domestic manufacturers of equip-
ment.
‘‘(4) POWER AGENCY FREQUENCIES.—
‘‘(A) ELIGIBLE FOR MIXED USE ONLY.—
The frequencies assigned to any Federal power
agency may only be eligible for mixed use under
subsection (b)(2) in geographically separate
areas and shall not be recommended for the
purposes of withdrawing that assignment. In
582
any case where a frequency is to be shared by
an affected Federal power agency and a non-
Federal user, such use by the non-Federal user
shall, consistent with the procedures established
under subsection (b)(2)(C), not cause harmful
interference to the affected Federal power agen-
cy or adversely affect the reliability of its power
system.
‘‘(B) DEFINITION.—As used in this para-
graph, the term ‘Federal power agency’ means
the Tennessee Valley Authority, the Bonneville
Power Administration, the Western Area Power
Administration,
or
the
Southwestern
Power
Administration.
‘‘(d) 
PROCEDURE
FOR
IDENTIFICATION
OF
REALLOCABLE BANDS OF FREQUENCIES.—
‘‘(1) SUBMISSION OF PRELIMINARY IDENTIFICA-
TION TO CONGRESS.—Within 12 months after the
date of the enactment of this part, the Secretary
shall prepare and submit to the Congress a report
which 
makes 
a 
preliminary 
identification 
of
reallocable bands of frequencies which meet the cri-
teria established by this section.
‘‘(2) CONVENING OF ADVISORY COMMITTEE.—
Not later than the date the Secretary submits the
583
report required by paragraph (1), the Secretary shall
convene an advisory committee to—
‘‘(A) review the bands of frequencies iden-
tified in such report;
‘‘(B) advise the Secretary with respect to
(i) the bands of frequencies which should be in-
cluded in the final report required by subsection
(a), and (ii) the effective dates which should be
established under subsection (e) with respect to
such frequencies;
‘‘(C) receive public comment on the Sec-
retary’s report and on the final report; and
‘‘(D) prepare and submit the report re-
quired by paragraph (4).
The advisory committee shall meet at least monthly
until each of the actions required by section 114(a)
have taken place.
‘‘(3) COMPOSITION
OF
COMMITTEE; CHAIR-
MAN.—The advisory committee shall include—
‘‘(A) the Chairman of the Commission and
the Assistant Secretary, and one other rep-
resentative of the Federal Government as des-
ignated by the Secretary; and
‘‘(B) representatives of—
584
‘‘(i) United States manufacturers of
spectrum-dependent 
telecommunications
equipment;
‘‘(ii) commercial carriers;
‘‘(iii) other users of the electro-
magnetic spectrum, including radio and
television broadcast licensees, State and
local public safety agencies, and the avia-
tion industry; and
‘‘(iv) other interested members of the
public who are knowledgeable about the
uses of the electromagnetic spectrum.
A majority of the members of the committee shall be
members described in subparagraph (B), and one of
such members shall be designated as chairman by
the Secretary.
‘‘(4) RECOMMENDATIONS ON SPECTRUM ALLO-
CATION
PROCEDURES.—The advisory committee
shall, not later than 36 months after the date of the
enactment of this part, submit to the Secretary, the
Commission, the Committee on Energy and Com-
merce of the House of Representatives, and the
Committee on Commerce, Science, and Transpor-
tation of the Senate, a report containing such rec-
ommendations as the advisory committee considers
585
appropriate for the reform of the process of allocat-
ing the electromagnetic spectrum between Federal
and non-Federal use, and any dissenting views
thereon.
‘‘(e) TIMETABLE FOR REALLOCATION AND LIMITA-
TION.—
‘‘(1) TIMETABLE
REQUIRED.—The Secretary
shall, as part of the report required by subsection
(a), include a timetable that recommends immediate
and delayed effective dates by which the President
shall withdraw or limit assignments on the fre-
quencies specified in the report.
‘‘(2) EXPEDITED REALLOCATION OF INITIAL 30
MHZ PERMITTED.—The Secretary may prepare and
submit to the President a report which specifically
identifies an initial 30 megahertz of spectrum that
meets the criteria described in subsection (a) and
that can be made available for reallocation imme-
diately upon issuance of the report required by this
section.
‘‘(3) DELAYED
EFFECTIVE
DATE.—The rec-
ommended delayed effective dates shall—
‘‘(A) 
permit 
the 
earliest 
possible
reallocation of the frequency bands, taking into
account the requirements of section 115(1);
586
‘‘(B) be based on the useful remaining life
of equipment that has been purchased or con-
tracted for to operate on identified frequencies;
‘‘(C) be based on the need to coordinate
frequency use with other nations; and
‘‘(D) take into account the relationship be-
tween the costs to the Federal Government of
changing to different frequencies and the bene-
fits that may be obtained from commercial and
other non-Federal uses of the reassigned fre-
quencies.
‘‘SEC. 114. WITHDRAWAL OF ASSIGNMENT TO FEDERAL
GOVERNMENT STATIONS.
‘‘(a) IN GENERAL.—The President shall—
‘‘(1) within 6 months after receipt of the Sec-
retary’s report under section 113(a), withdraw the
assignment to a Federal Government station of any
frequency which the report recommends for imme-
diate reallocation;
‘‘(2) within such 6-month period, limit the as-
signment to a Federal Government station of any
frequency which the report recommends be made im-
mediately available for mixed use under section
113(b)(2);
587
‘‘(3) by the delayed effective date recommended
by the Secretary under section 113(e) (except as
provided in subsection (b)(4) of this section), with-
draw or limit the assignment to a Federal Govern-
ment station of any frequency which the report rec-
ommends be reallocated or made available for mixed
use on such delayed effective date;
‘‘(4) assign or reassign other frequencies to
Federal Government stations as necessary to adjust
to such withdrawal or limitation of assignments; and
‘‘(5) transmit a notice and description to the
Commission and each House of Congress of the
actions taken under this subsection.
‘‘(b) EXCEPTIONS.—
‘‘(1) AUTHORITY
TO
SUBSTITUTE.—If the
President determines that a circumstance described
in paragraph (2) exists, the President—
‘‘(A) may substitute an alternative fre-
quency or band of frequencies for the frequency
or band that is subject to such determination
and withdraw (or limit) the assignment of that
alternative frequency or band in the manner re-
quired by subsection (a); and
‘‘(B) shall submit a statement of the rea-
sons for taking the action described in subpara-
588
graph (A) to the Committee on Energy and
Commerce of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate.
‘‘(2) GROUNDS FOR SUBSTITUTION.—For pur-
poses of paragraph (1), the following circumstances
are described in this paragraph:
‘‘(A) the reassignment would seriously
jeopardize the national defense interests of the
United States;
‘‘(B) the frequency proposed for reassign-
ment is uniquely suited to meeting important
governmental needs;
‘‘(C) the reassignment would seriously
jeopardize public health or safety; or
‘‘(D) the reassignment will result in costs
to the Federal Government that are excessive in
relation to the benefits that may be obtained
from commercial or other non-Federal uses of
the reassigned frequency.
‘‘(3) 
CRITERIA
FOR
SUBSTITUTED
FRE-
QUENCIES.—For purposes of paragraph (1), a fre-
quency may not be substituted for a frequency iden-
tified by the report of the Secretary under section
589
113(a) unless the substituted frequency also meets
each of the criteria specified by section 113(a).
‘‘(4) DELAYS
IN
IMPLEMENTATION.—If the
President determines that any action cannot be com-
pleted by the delayed effective date recommended by
the Secretary pursuant to section 113(e), or that
such an action by such date would result in a fre-
quency being unused as a consequence of the Com-
mission’s plan under section 115, the President
may—
‘‘(A) withdraw or limit the assignment to
Federal Government stations on a later date
that is consistent with such plan, except that
the President shall notify each committee speci-
fied in paragraph (1)(B) and the Commission
of the reason that withdrawal or limitation at
a later date is required; or
‘‘(B) substitute alternative frequencies pur-
suant to the provisions of this subsection.
‘‘(c) LIMITATION ON DELEGATION.—Notwithstand-
ing any other provision of law, the authorities and duties
established by this section may not be delegated.
590
‘‘SEC. 115. DISTRIBUTION OF FREQUENCIES BY THE COM-
MISSION.
‘‘Not later than 1 year after the President notifies
the Commission pursuant to section 114(a)(5), the Com-
mission shall prepare, in consultation with the Assistant
Secretary when necessary, and submit to the President
and the Congress, a plan for the distribution under the
Act of the frequency bands reallocated pursuant to the
requirements of this part. Such plan shall—
‘‘(1) not propose the immediate distribution of
all such frequencies, but, taking into account the
timetable recommended by the Secretary pursuant to
section 113(e), shall propose—
‘‘(A) gradually to distribute the frequencies
remaining, after making the reservation re-
quired by subparagraph (B), over the course of
a period of not less than 10 years beginning on
the date of submission of such plan; and
‘‘(B) to reserve a significant portion of
such frequencies for distribution beginning after
the end of such 10-year period;
‘‘(2) contain appropriate provisions to ensure—
‘‘(A) the availability of frequencies for new
technologies and services in accordance with the
policies of section 7 of the Act (47 U.S.C. 157);
and
591
‘‘(B) the availability of frequencies to stim-
ulate the development of such technologies;
‘‘(3) address (A) the feasibility of reallocating
spectrum from current commercial and other non-
Federal uses to provide for more efficient use of the
spectrum, and (B) innovation and marketplace de-
velopments that may affect the relative efficiencies
of different spectrum allocations; and
‘‘(4) not prevent the Commission from allocat-
ing bands of frequencies for specific uses in future
rulemaking proceedings.
‘‘SEC. 116. AUTHORITY TO RECOVER REASSIGNED FRE-
QUENCIES.
‘‘(a) AUTHORITY OF PRESIDENT.—Subsequent to the
withdrawal of assignment to Federal Government stations
pursuant to section 114, the President may reclaim reas-
signed frequencies for reassignment to Federal Govern-
ment stations in accordance with this section.
‘‘(b) 
PROCEDURE
FOR
RECLAIMING
FRE-
QUENCIES.—
‘‘(1) UNALLOCATED FREQUENCIES.—If the fre-
quencies to be reclaimed have not been allocated or
assigned by the Commission pursuant to the Act,
the President shall follow the procedures for substi-
592
tution of frequencies established by section 114(b) of
this part.
‘‘(2) ALLOCATED
FREQUENCIES.—If the fre-
quencies to be reclaimed have been allocated or as-
signed by the Commission, the President shall follow
the procedures for substitution of frequencies estab-
lished by section 114(b) of this part, except that the
notification required by section 114(b)(1)(A) shall
include—
‘‘(A) a timetable to accommodate an or-
derly transition for licensees to obtain new fre-
quencies and equipment necessary for its utili-
zation; and
‘‘(B) an estimate of the cost of displacing
spectrum users licensed by the Commission.
‘‘(c) COSTS OF RECLAIMING FREQUENCIES; APPRO-
PRIATIONS AUTHORIZED.—The Federal Government shall
bear all costs of reclaiming frequencies pursuant to this
section, including the cost of equipment which is rendered
unusable, the cost of relocating operations to a different
frequency band, and any other costs that are directly at-
tributable to the reclaiming of the frequency pursuant to
this section. There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of
this section.
593
‘‘(d) EFFECTIVE
DATE
OF
RECLAIMED
FRE-
QUENCIES.—The Commission shall not withdraw licenses
for any reclaimed frequencies until the end of the fiscal
year following the fiscal year in which the President’s noti-
fication is received.
‘‘(e) EFFECT ON OTHER LAW.—Nothing in this sec-
tion shall be construed to limit or otherwise affect the au-
thority of the President under sections 305 and 706 of
the Act (47 U.S.C. 305, 606).
‘‘SEC. 117. DEFINITIONS.
‘‘As used in this part:
‘‘(1) The term ‘allocation’ means an entry in
the National Table of Frequency Allocations of a
given frequency band for the purpose of its use by
one or more radiocommunication services.
‘‘(2) The term ‘assignment’ means an author-
ization given to a station licensee to use specific fre-
quencies or channels.
‘‘(3) The term ‘commercial carrier’ means any
entity that uses a facility licensed by the Federal
Communications Commission pursuant to the Com-
munications Act of 1934 for hire or for its own use,
but does not include Federal Government stations
licensed pursuant to section 305 of the Act (47
U.S.C. 305).
594
‘‘(4) The term ‘the Act’ means the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.).’’.
CHAPTER 3—COMMUNICATIONS
TECHNICAL AMENDMENTS
SEC. 5241. CLERICAL CORRECTIONS.
(a) AMENDMENTS TO THE COMMUNICATIONS ACT OF
1934.—The Communications Act of 1934 is amended—
(1) in section 4(f)(3), by striking ‘‘overtime ex-
ceeds beyond’’ and inserting ‘‘overtime extends be-
yond’’;
(2) in section 5, by redesignating subsection (f)
as subsection (e);
(3) in section 220(b), by striking ‘‘clasess’’ and
inserting ‘‘classes’’;
(4) in section 223(b)(3), by striking ‘‘defendant
restrict access’’ and inserting ‘‘defendant restricted
access’’;
(5) in section 226(d), by striking paragraph (2)
and redesignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively;
(6) in section 227(e)(2), by striking ‘‘national
datebase’’ and inserting ‘‘national database’’;
(7) in section 228(c)(6)(D), by striking ‘‘con-
servation’’ and inserting ‘‘conversation’’;
595
(8) in section 308(c), by striking ‘‘May 24,
1921’’ and inserting ‘‘May 27, 1921’’;
(9) in section 331, by amending the heading of
such section to read as follows:
‘‘VERY HIGH FREQUENCY STATIONS AND AM RADIO
STATIONS’’;
(10) in section 358, by striking ‘‘(a)’’;
(11) in part III of title III—
(A) by inserting before section 381 the fol-
lowing heading:
‘‘VESSELS TRANSPORTING MORE THAN SIX PASSENGERS
FOR HIRE REQUIRED TO BE EQUIPPED WITH RADIO
TELEPHONE’’;
(B) by inserting before section 382 the fol-
lowing heading:
‘‘VESSELS EXCEPTED FROM RADIO TELEPHONE
REQUIREMENT’’;
(C) by inserting before section 383 the fol-
lowing heading:
‘‘EXEMPTIONS BY COMMISSION’’;
(D) by inserting before section 384 the fol-
lowing heading:
‘‘AUTHORITY OF COMMISSION; OPERATIONS,
INSTALLATIONS, AND ADDITIONAL EQUIPMENT’’;
(E) by inserting before section 385 the fol-
lowing heading:
596
‘‘INSPECTIONS’’; and
(F) by inserting before section 386 the fol-
lowing heading:
‘‘FORFEITURES’’;
(12) in section 410(c), by striking ‘‘, as referred
to in sections 202(b) and 205(f) of the Interstate
Commerce Act,’’;
(13) in section 705(e)(3)(A), by striking ‘‘para-
graph (4) of subsection (d)’’ and inserting ‘‘para-
graph (4) of this subsection’’;
(14) in section 705, by redesignating sub-
sections (f) and (g) (as added by Public Law 100–
667) as subsections (g) and (h); and
(15) in section 705(h) (as so redesignated), by
striking ‘‘subsection (f)’’ and inserting ‘‘subsection
(g)’’.
(b) AMENDMENTS TO THE COMMUNICATIONS SAT-
ELLITE ACT OF 1962.—The Communications Satellite Act
of 1962 is amended—
(1) in section 303(a)—
(A) by striking ‘‘section 27(d)’’ and insert-
ing ‘‘section 327(d)’’;
(B) by striking ‘‘sec. 29–911(d)’’ and in-
serting ‘‘sec. 29–327(d)’’;
(C) by striking ‘‘section 36’’ and inserting
‘‘section 336’’; and
597
(D) by striking ‘‘sec. 29–916d’’ and insert-
ing ‘‘sec. 29–336(d)’’;
(2) in section 304(d), by striking ‘‘paragraphs
(1), (2), (3), (4), and (5) of section 310(a)’’ and in-
serting ‘‘subsection (a) and paragraphs (1) through
(4) of subsection (b) of section 310’’; and
(3) in section 304(e)—
(A) by striking ‘‘section 45(b)’’ and insert-
ing ‘‘section 345(b)’’; and
(B) by striking ‘‘sec. 29–920(b)’’ and in-
serting ‘‘sec. 29–345(b)’’; and
(4) in sections 502(b) and 503(a)(1), by strik-
ing ‘‘Communications Satellite Corporation’’ and in-
serting ‘‘communications satellite corporation estab-
lished pursuant to title III of this Act’’.
(c) CONFORMING AMENDMENT.—Section 1253 of the
Omnibus Budget Reconciliation Act of 1981 is repealed.
SEC. 5242. TRANSFER OF PROVISIONS OF LAW CONCERN-
ING PUBLIC TELECOMMUNICATIONS FACILI-
TIES, 
CHILDREN’S 
EDUCATIONAL 
TELE-
VISION, AND TELECOMMUNICATIONS DEM-
ONSTRATION PROGRAM.
(a) AMENDMENTS.—The Communications Act of
1934 (hereinafter in this section referred to as ‘‘the 1934
Act’’) and the National Telecommunications and Informa-
598
tion Administration Organization Act (hereinafter in this
section referred to as ‘‘the NTIAO Act’’) are amended as
follows:
(1) The NTIAO Act is amended by inserting
after part B (as added by chapter 2 of this subtitle)
a new part C, the heading of which shall be as fol-
lows:
‘‘PART 
C—ASSISTANCE 
FOR 
PUBLIC 
TELE-
COMMUNICATIONS FACILITIES; CHILDREN’S
EDUCATIONAL TELEVISION; TELECOMMUNI-
CATIONS DEMONSTRATIONS’’;
(2) Sections 390, 391, 392, 393, 393A, 394,
and 395 of the 1934 Act are transferred to such
new part C of the NTIAO Act and are redesignated
as sections 121, 122, 123, 124, 125, 131, and 135,
respectively, of the NTIAO Act.
(3) Such new part C of the NTIAO Act is
amended—
(A) by inserting before section 121 the fol-
lowing:
‘‘Subpart 1—Assistance for Public
Telecommunications Facilities’’ and;
(B) by inserting before section 131 the fol-
lowing:
600
SEC. 5243. ELIMINATION OF EXPIRED AND OUTDATED PRO-
VISIONS.
(a) AMENDMENTS TO THE COMMUNICATIONS ACT OF
1934.—The Communications Act of 1934 is amended—
(1) in section 7(b), by striking ‘‘or twelve
months after the date of the enactment of this sec-
tion, if later’’ both places it appears;
(2) in section 212, by striking ‘‘After sixty days
from the enactment of this Act it shall’’ and insert-
ing ‘‘It shall’’;
(3) in section 213, by striking subsection (g)
and redesignating subsection (h) as subsection (g);
(4) in section 214(a), by striking ‘‘section 221
or 222’’ and inserting ‘‘section 221’’;
(5) in section 220(b), by striking ‘‘, as soon as
practicable,’’;
(6) in section 222—
(A) by striking paragraph (1) of subsection
(a);
(B) by redesignating paragraphs (2) and
(3) of such subsection as paragraphs (1) and
(2), respectively;
(C) by striking paragraph (2) of subsection
(b);
(D) by redesignating subsection (b)(1) as
subsection (b); and
601
(E) by striking subsections (c), (d), and
(e);
(7) in section 224(b)(2), by striking ‘‘Within
180 days from the date of enactment of this section
the Commission’’ and inserting ‘‘The Commission’’;
(8) in 226(e)(1), by striking ‘‘, within 9 months
after the date of enactment of this section,’’;
(9) in section 309(i)(4)(A), by striking ‘‘The
commission, not later than 180 days after the date
of the enactment of the Communications Technical
Amendments Act of 1982, shall,’’ and inserting
‘‘The Commission shall,’’;
(10) by striking section 328;
(11) in section 331(b), by striking the last sen-
tence;
(12) in section 413, by striking ‘‘, within sixty
days after the taking effect of this Act,’’;
(13) in section 624(d)(2)—
(A) by striking out ‘‘(A)’’;
(B) by inserting ‘‘of’’ after ‘‘restrict the
viewing’’; and
(C) by striking subparagraph (B);
(14) by striking sections 702 and 703;
(15) in section 704—
602
(A) by striking subsections (b) and (d);
and
(B) by redesignating subsection (c) as sub-
section (b);
(16) in section 705(g) (as redesignated by sec-
tion 5211(15)), by striking ‘‘Within 6 months after
the date of enactment of the Satellite Home Viewer
Act of 1988, the Federal Communications Commis-
sion’’ and inserting ‘‘The Commission’’;
(16) in section 710(f)—
(A) by striking the first and second sen-
tences; and
(B) in the third sentence, by striking
‘‘Thereafter, the Commission’’ and inserting
‘‘The Commission’’;
(17) in section 712(a), by striking ‘‘, within
120 days after the effective date of the Satellite
Home Viewer Act of 1988,’’; and
(18) by striking section 713.
(b) AMENDMENTS TO THE COMMUNICATIONS SAT-
ELLITE ACT OF 1962.—The Communications Satellite Act
of 1962 is amended—
(1) in section 201(a)(1), by striking ‘‘as expedi-
tiously as possible,’’;
603
(2) by striking sections 301 and 302 and insert-
ing the following:
‘‘SEC. 301. CREATION OF CORPORATION.
‘‘There is authorized to be created a communications
satellite corporation for profit which will not be an agency
or establishment of the United States Government.
‘‘SEC. 302. APPLICABLE LAWS.
‘‘The corporation shall be subject to the provisions
of this Act and, to the extent consistent with this Act,
to the District of Columbia Business Corporation Act. The
right to repeal, alter, or amend this Act at any time is
expressly reserved.’’;
(3) in section 304(a), by striking ‘‘at a price
not in excess of $100 for each share and’’;
(4) in section 404—
(A) by striking subsections (a) and (c);
and
(B) by striking ‘‘(b)’’ at the beginning of
subsection (b);
(5) in section 503—
(A) by striking paragraph (2) of subsection
(a); and
(B) by redesignating paragraph (3) of sub-
section (a) as paragraph (2) of such subsection;
(C) by striking subsection (b);
604
(D) in subsection (g)—
(i) by striking ‘‘subsection (c)(3)’’ and
inserting ‘‘subsection (b)(3)’’; and
(ii) by striking the last sentence; and
(E) 
by 
redesignating 
subsections 
(c)
through (h) as subsections (b) through (g),
respectively;
(5) by striking sections 505, 506, and 507; and
(6) by redesignating section 508 as section 505.
SEC. 5244. STYLISTIC CONSISTENCY.
The Communications Act of 1934 and the Commu-
nications Satellite Act of 1962 are amended so that the
section designation and section heading of each section of
such Acts shall be in the form and typeface of the section
designation and heading of this section.
Subtitle D—Energy Programs
SEC. 5301. NUCLEAR REGULATORY COMMISSION ANNUAL
CHARGES.
Section 6101(a)(3) of the Omnibus Budget Reconcili-
ation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by
striking ‘‘September 30, 1995’’ and inserting ‘‘September
30, 1998’’.
605
TITLE VI—COMMITTEE ON
FOREIGN AFFAIRS
In order to implement its reconciliation instructions,
the Committee on Foreign Affairs recommends changes
in law that are also recommended by the Committee on
Post Office and Civil Service. These changes in law, which
are contained in title X of this Act, would reduce direct
spending under the Foreign Service Retirement and Dis-
ability Fund and the Foreign Service Pension System by
requiring a 3-month delay in cost-of-living adjustments in
each of the fiscal years 1994, 1995, and 1996.
TITLE VII—COMMITTEE ON THE
JUDICIARY
SEC. 7001. PATENT AND TRADEMARK FEES.
Section 10101 of the Omnibus Budget Reconciliation
Act of 1990 (35 U.S.C. 41 note) is amended—
(1) in subsection (a) by striking ‘‘1995’’ and in-
serting ‘‘1998’’;
(2) in subsection (b)(2) by striking ‘‘1995’’ and
inserting ‘‘1998’’; and
(3) in subsection (c)—
(A) by striking ‘‘through 1995’’ and insert-
ing ‘‘through 1998’’; and
(B) by adding at the end the following:
‘‘(6) $111,000,000 in fiscal year 1996.
606
‘‘(7) $115,000,000 in fiscal year 1997.
‘‘(8) $119,000,000 in fiscal year 1998.’’.
TITLE 
VIII—COMMITTEE 
ON
MERCHANT 
MARINE 
AND
FISHERIES
SEC. 8001. EXTENSION OF VESSEL TONNAGE DUTIES.
(a) EXTENSION OF DUTIES.—Section 36 of the Act
of August 5, 1909 (36 Stat. 111; 46 App. U.S.C. 121),
is amended by—
(1) striking ‘‘and 1995,’’ each place it appears
and inserting ‘‘1995, 1996, 1997, 1998,’’;
(2) striking ‘‘place,’’ and inserting ‘‘place;’’;
and
(3) striking ‘‘port, not, however, to include ves-
sels in distress or not engaged in trade’’ and insert-
ing ‘‘port. However, neither duty shall be imposed
on vessels in distress or not engaged in trade’’.
(b) CONFORMING AMENDMENT.—The Act of March
8, 1910 (36 Stat. 234; 46 App. U.S.C. 132), is amended
by striking ‘‘and 1995,’’ and inserting ‘‘1995, 1996, 1997,
and 1998,’’.
(c) TECHNICAL CORRECTION.—
(1) CORRECTION.—Section 10402(a) of the
Omnibus Budget Reconciliation Act of 1990 (104
607
Stat. 1388–398) is amended by striking ‘‘in the sec-
ond paragraph’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall be effective on and after No-
vember 5, 1990.
SEC. 8002. SENSE OF THE CONGRESS ON THE INLAND WA-
TERWAYS FUEL TAX.
(a) FINDINGS.—The Congress finds the following:
(1) The Administration has proposed to in-
crease the tax on inland barge fuels from $0.19 to
$1.19 per gallon by 1997, which represents an in-
crease of 525 percent.
(2) The General Accounting Office has recently
identified 117 forms of Federal fees, taxes, and as-
sessments, not including customs duties, which raise
some $2,000,000,000 in Federal revenues each year.
(3) Barge transportation is one of the most
competitive, efficient, safe, and environmentally
friendly modes of transportation.
(4) Barges transport 15 percent of our Nation’s
commerce and provide jobs to some 180,000 Ameri-
cans.
(5) The Administration’s proposed increase
would add $420,000,000 in new taxes for operators
608
on inland waterways, which is more than their
pretax profits.
(6) This increase would cause barge rates to
skyrocket, increasing costs to consumers and dev-
astating industries dependent upon the commercial
use of barges such as coal, agriculture, and petro-
chemicals, and would add to our unfavorable balance
of trade payments by hurting the competitiveness of
United States exports.
(7) Because the price of certain agricultural
commodities, such as grain, are set in the world
marketplace, increased inland barge fuel taxes could
not be passed on to consumers and would largely be
borne by our Nation’s farmers.
(8) The Senate on March 18, 1993, voted 88 to
12 to reject any further increase in inland barge fuel
taxes.
(9) This huge tax increase would cause many
barge companies to go out of business, would result
in thousands of lost American jobs, and would fur-
ther burden the already beleaguered United States
maritime industry.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the inland waterways fuel tax should not
609
be further increased beyond those increases already man-
dated by law.
TITLE IX—COMMITTEE ON
NATURAL RESOURCES
SEC. 9001. ANNUAL DIRECT GRANT ASSISTANCE.
(a) REPEAL.—Sections 3 and 4 of the Act of March
24, 1976 entitled ‘‘a Joint Resolution to approve the ‘Cov-
enant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States
of America’, and for other purposes’’ (90 Stat. 263 and
following; 48 U.S.C. 1681 note) are repealed, effective on
October 1, 1993.
(b) DEFINITIONS.—As used in this section:
(1) COMMITTEES.—The term ‘‘committees’’
means the Committee on Natural Resources of the
House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) 
RECOMMENDATIONS.—The 
term 
‘‘Rec-
ommendations’’ means the document executed De-
cember 17, 1992, between the special representative
of the President of the United States and the special
representatives of the Governor of the Common-
wealth of the Northern Mariana Islands relating to
future federal assistance for the Northern Mariana
Islands.
610
(3) REPORTING
DATE.—The term ‘‘reporting
date’’ means the date on which the budget of the
President for the fiscal year 1995 is required to be
submitted to the Congress under section 1105 of
title 31, United States Code.
(c) ASSISTANCE.—
(1) AMOUNTS.—Except as otherwise pro-
vided under this section, enactment of this sec-
tion shall constitute a commitment and pledge
of the full faith and credit of the United States
for the payment of the following amounts:
(A) In fulfillment of the United States
obligation under P.L. 94–241 and the au-
thorization in P.L. 95–348, $3,000,000 for
fiscal year 1994, which shall be available
only for the American Memorial Park, lo-
cated at Tanapag Harbor Reservation,
Saipan, to be expended in accordance with
section 5 of the Act entitled ‘‘An Act to
authorize appropriations for certain insular
areas of the United States, and for other
purposes’’, approved August 18, 1978 (92
Stat. 492), for the primary purpose of con-
structing an appropriate monument honor-
611
ing the dead in the World War II Mariana
Islands campaign.
(B) $19,000,000 for fiscal year 1994,
to be held in trust in a special account by
the Secretary of the Interior for American
Samoa, the Commonwealth of the North-
ern Mariana Islands, Guam, the Trust
Territory of the Pacific Islands, and the
Virgin Islands, and to be disbursed by the
Secretary during fiscal year 1994 for es-
sential capital improvement projects. Such
disbursements shall be made by the Sec-
retary for projects described in plans sub-
mitted to the Secretary by the govern-
ments of American Samoa, the Common-
wealth of the Northern Mariana Islands,
Guam, the Trust Territory of the Pacific
Islands, and the Virgin Islands. No such
disbursements shall be made pursuant to
any such plan until after the expiration of
a period of 60 days after such plan has
been submitted to the committees. No such
disbursements shall be made to the Com-
monwealth of the Northern Mariana Is-
lands during fiscal year 1994 pursuant to
612
any such plan until the committees have
received the reports required under sub-
section (d)(3) and a Joint Resolution has
been adopted expressing the sense of Con-
gress that disbursements are appropriate.
The Inspector General of the Department
of the Interior shall (i) monitor the ex-
penditure of such funds to determine
whether such funds are expended in ac-
cordance with applicable law, and (ii) sub-
mit a report of the findings to the commit-
tees not later than January 1, 1995.
(C) Subject to paragraphs (2), (3),
and (4) and subject to subsection (d), not
more than $98,000,000 for the 6-year pe-
riod beginning October 1, 1994, for the
government of the Commonwealth of the
Northern Mariana Islands, for capital im-
provement projects, at annual amounts
that shall not exceed those specified for the
Federal contribution within the general
funding schedule contained in the Rec-
ommendations.
613
(2) MATCHING
RATIO
AND
INTEREST
EARNINGS.—Nothing in this section shall be
construed to—
(A) modify the matching ratio re-
quirement specified in the funding schedule
contained in the Recommendations; or
(B) modify the terms of the Rec-
ommendations as to the availability of in-
terest earnings on funds contributed under
Public Law 99–396 upon meeting the
terms of the grant pledge agreements en-
tered into under Public Law 99–396.
(3) ROTA, TINIAN, AND SAIPAN.—No less
than 1⁄8 th share of the funds made available
under subsection (c)(1)(C) shall be expended in
the islands of Rota and Tinian and no less than
1⁄4 th share shall be expended in Saipan.
(4) APPLICABILITY
OF
GRANT
REGULA-
TIONS.—The Federal assistance provided under
this section shall be subject to the applicable
Federal grant regulations set forth in the Com-
mon Rule (43 C.F.R. 12a, OMB Circular A–
102, and OMB Circular A–128).
(d) CONDITION ON MULTI-YEAR ASSISTANCE.—
614
(1) JOINT RESOLUTION.—Amounts under sub-
section (c)(1)(C) for fiscal years 1995 through 2000
shall be as determined by the Congress by joint reso-
lution. It is the intent of the Congress that the com-
mittees report such a joint resolution after consider-
ing the plan referred to in paragraph (2) and re-
ports required by this subsection.
(2) CAPITAL IMPROVEMENT PROJECTS PLAN.—
The plan referred to in paragraph (1) is a plan de-
veloped and submitted by the Governor of the Com-
monwealth of the Northern Mariana Islands to the
Secretary of the Interior as approved by the legisla-
ture of the Commonwealth for new and recon-
structed capital infrastructure projects, indicating
the order of priority, together with cost estimates for
each project and identification of sources of financ-
ing for each project. The Secretary of the Interior
shall submit the plan, together with his rec-
ommendations, to the committees not later than the
reporting date.
(3) REPORTS.—Each of the following reports
shall be submitted to the committees not later than
the reporting date as follows:
(A) REVENUE BURDEN.—The Comptroller
General of the United States, after consultation
615
with the government of the Northern Mariana
Islands, shall submit a report describing the ef-
fective revenue burden (including all taxes and
fees) imposed by the government of the Com-
monwealth of the Northern Mariana Islands.
The report shall—
(i) address whether revenues raised
are sufficient to meet the infrastructure
needs of the Commonwealth; and
(ii) compare the revenue burden of the
Commonwealth with that of Guam.
(B) 
COMPLIANCE
WITH
AUDIT
REC-
OMMENDATIONS.—The Inspector General of the
Department of the Interior shall submit a re-
port on (i) compliance by the government of the
Commonwealth of the Northern Mariana Is-
lands with recommendations made by the In-
spector General pursuant to audits of the gov-
ernment of the Commonwealth, and (ii) on all
unfulfilled commitments made by the govern-
ment of the Commonwealth in response to those
recommendations.
(C) ASSESSMENT
OF
MINIMUM
WAGE.—
The Secretary of Labor, after consultation with
the government of the Commonwealth of the
616
Northern Mariana Islands, shall submit a re-
port which assesses whether—
(i) the minimum wage policies of the
Commonwealth are sufficient for the main-
tenance of the minimum standard of living
necessary for health, efficiency, and gen-
eral well-being of workers in the Common-
wealth;
(ii) the prevailing wages paid in the
Commonwealth are effectively reduced by
the immigration policy of the Common-
wealth; and
(iii) the wage rate in the Common-
wealth gives industries in the Common-
wealth a competitive advantage over indus-
tries in the United States outside of the
Commonwealth.
(D) IMMIGRATION
POLICY
AND
BURDEN
ON INFRASTRUCTURE.—(i) The Attorney Gen-
eral of the United States, after consultation
with the government of the Commonwealth of
the Northern Mariana Islands, shall submit a
report which assesses—
(I) whether the immigration laws of
the Commonwealth are appropriate in light
617
of the social and economic situation in the
Commonwealth;
(II) the extent to which the Common-
wealth is relying on temporary alien work-
ers to meet the Commonwealth’s perma-
nent labor needs;
(III) whether the Commonwealth has
taken steps to reduce its dependence on
temporary alien workers; and
(IV) the political and civil rights of
the alien population as compared to the
resident population.
(ii) The Comptroller General of the United
States shall submit a report to the Congress
which analyzes the socioeconomic impact of the
immigration policy of the Commonwealth of the
Northern Mariana Islands, including the finan-
cial burden imposed by the alien population on
the infrastructure.
(E) ENVIRONMENTAL
LAWS.—The Sec-
retary of the Interior and the Administrator of
the Environmental Protection Agency shall each
submit a report to the Congress on the compli-
ance by the Commonwealth of the Northern
Mariana Islands with United States environ-
618
mental laws, including (but not limited to) the
National Environmental Policy Act of 1969, the
Endangered Species Act of 1973, and the Fed-
eral Water Pollution Control Act.
SEC. 9002. NET RECEIPTS SHARING.
Section 35 of the Mineral Leasing Act is amended
as follows:
(1) Strike the last sentence.
(2) Insert ‘‘(a) IN GENERAL.—’’ after ‘‘SEC.
35.’’
(3) Insert ‘‘and, subject to subsection (b),’’ be-
tween ‘‘United States;’’ and ‘‘50 percentum’’.
(4) Add the following new subsection at the end
thereof:
‘‘(b) ADMINISTRATIVE COSTS.—(1) In calculating the
amount to be paid to each State during any fiscal year
under this section and under other provisions of law re-
quiring payment to a State of any revenues derived from
the leasing of any other onshore lands or interest in land
owned by the United States for the production of the same
types of minerals as are leasable under this Act or for
the production of geothermal steam, prior to the division
and distribution of such leasing receipts between the
States and the United States, the Secretary shall deduct
50 percent of the portion of the enacted appropriations
619
of the Department of the Interior and of other depart-
ments and agencies of the United States for the preceding
fiscal year allocable to the administration and enforcement
of this Act and such other provisions of law. Such deduc-
tion shall be in approximately equal amounts each month
(subject to paragraph (3)).
‘‘(2) The proportion of the deduction required under
paragraph (1) which is allocable to each State shall be
a percentage of the total deduction allocable to all States.
The percentage shall be determined by dividing—
‘‘(A) the monies disbursed to the State during
the preceding fiscal year under the provisions of this
section and the other provisions of law referred to in
paragraph (1), by
‘‘(B) the total money disbursed to all States
during that fiscal year under such provisions.
‘‘(3) If the amount otherwise deductible under this
subsection in any month from the portion of revenues to
be distributed to a State exceeds the amount payable to
the State during that month, any amount exceeding the
amount payable shall be carried forward and deducted
from amounts payable to the State in subsequent months.
‘‘(4) All amounts deducted under this subsection
from monies otherwise payable to a State shall be credited
to miscellaneous receipts in the Treasury.’’.
620
SEC. 9003. HARD ROCK MINING CLAIM MAINTENANCE AND
LOCATION FEES.
(a) CLAIM MAINTENANCE AND LOCATION FEES.—
(1) CLAIM MAINTENANCE FEES.—The holder
of each unpatented mining claim, mill or tunnel site
located pursuant to the Mining Laws of the United
States (whether located before or after enactment of
this Act) shall pay to the Secretary of the Interior
or his designee for each assessment year a flat claim
maintenance fee of not less than $100 per claim.
Such claim maintenance fee shall be in lieu of the
assessment work requirement contained in the Min-
ing Law of 1872 (30 U.S.C. 28–28e) and the related
filing requirements contained in section 314 (a) and
(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1744 (a) and (c)).
(2) LOCATION FEE.—For each mining claim,
mill or tunnel site located pursuant to the Mining
Laws of the United States after the date of enact-
ment of this Act, the claimant shall pay the Sec-
retary a location fee of $25.
(b) TIME OF PAYMENT.—The claim maintenance fee
payable under subsection (a)(1) for any assessment year
shall be paid before the commencement of the assessment
year, except that for the initial assessment year in which
the location is made, the locator shall pay the claim main-
621
tenance fee at the time the location notice is recorded with
the Bureau of Land Management. The location fee im-
posed under subsection (a)(2) shall be payable not later
than 90 days after the date of location
(c) DEPOSIT IN TREASURY.—The Secretary shall de-
posit monies received under this Act as miscellaneous re-
ceipts in the Treasury.
(d) CO-OWNERSHIP.—The co-ownership provisions of
section 2324 of the Mining Law of 1872 (30 U.S.C. 28)
shall remain in effect with respect to mining claims subject
to such provisions except that the annual claim mainte-
nance fee, where applicable, shall be paid in lieu of appli-
cable assessment requirements and expenditures.
(e) FORFEITURE.—Failure to make the annual pay-
ment of any claim maintenance or location fee required
with respect to any unpatented mining claim, mill, or tun-
nel site required by subsection (a) shall conclusively con-
stitute a forfeiture by the holder of the unpatented mining
claim, mill or tunnel site, effective at noon on the date
the payment is due.
(f) FLPMA FILING REQUIREMENTS.—Nothing in
this Act shall change or modify the requirements of section
314(b) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1744(b)) or the requirements of sec-
tion 314(c) of the Federal Land Policy and Management
622
Act of 1976 (43 U.S.C. 1744(c)) related to filings required
by such section 314(b). Such requirements shall remain
in effect with respect to claims, and mill or tunnel sites
for which fees are required to be paid under this section.
(g) RULES AND REGULATIONS.—The Secretary of
the Interior shall promulgate rules and regulations to
carry out the purposes of this section as soon as prac-
ticable after the date of enactment of this Act.
(h) PURCHASING POWER ADJUSTMENT.—Every 5
years following the date of enactment of this Act, or more
frequently if the Secretary determines a more frequent ad-
justment to be reasonable, the Secretary of the Interior
shall adjust the fees specified in subsection (a) to reflect
changes in the purchasing power of the dollar. The Sec-
retary shall use the Consumer Price Index for all urban
consumers published by the Department of Labor as the
basis for adjustment, rounding according to the adjust-
ment process of conditions of the Federal Civil Penalties
Inflation Adjustment Act of 1990 (104 Stat. 890). The
Secretary shall provide claimants notice of any adjustment
made under this subsection not later than July 1 of any
year in which the adjustment is made. A fee adjustment
under this paragraph shall begin to apply the first assess-
ment which begins after the adjustment is made.
623
(i) OIL SHALE CLAIMS SUBJECT TO CLAIM MAINTE-
NANCE FEES UNDER ENERGY POLICY ACT OF 1992.—
This section shall not apply to any oil shale claims for
which a fee is required to be paid under section 2511(e)(2)
of the Energy Policy Act of 1992 (Public Law 102–486;
106 Stat. 3111; 30 U.S.C. 242).
(j) EXCEPTION FOR HOLDERS OF FEWER THAN 50
CLAIMS.—
(1) ELIGIBILITY.—In accordance with para-
graph (3), a claimant may be eligible for a waiver
or reduction of the claim maintenance fees imposed
under this section if the claimant certifies in writing
to the Secretary that on the date the payment was
due, the claimant and all related parties—
(A) held not more than 50 mining claims,
mill sites, or tunnel sites, or any combination
thereof, on public lands; and
(B) have performed assessment work suffi-
cient to maintain the mining claims held by the
claimant and such related parties for the as-
sessment year ending on noon of September 1
of the calendar year in which payment of the
claim maintenance fee was due; except that
such performance of assessment work shall not
be required by reason of section 5 of Public
624
Law 94–429, commonly known as the Mining
in the Parks Act, or such other laws that before
the date of the enactment of this Act removed
the applicability of the assessment work re-
quirement of the general mining laws for any
claim subject to such laws.
(2) HOLDER.—For purposes of paragraph (1),
with respect to any claimant, the term ‘‘related par-
ties’’ means—
(A) the spouse and dependent children (as
defined in section 152 of the Internal Revenue
Code of 1986), of the claimant; and
(B) a person affiliated with the claimant,
including—
(i) a person controlled by, controlling,
or under common control with the claim-
ant; and
(ii) a subsidiary or parent company or
corporation of the claimant.
(3) 
WAIVED
OR
REDUCED
MAINTENANCE
FEES.—
(A) 10 OR FEWER CLAIMS.—The Secretary
of the Interior may waive the claim mainte-
nance fee imposed under this section in its en-
625
tirety for 10 or fewer claims held by a claimant
eligible under paragraph (1).
(B) 11 OR MORE CLAIMS.—
(i) IN
GENERAL.—Subject to clause
(ii), for a claimant eligible under para-
graph (1), the Secretary may reduce the
claim maintenance fee imposed under this
section to $25 per claim for each claim in
excess of 10.
(ii) LIMITATION.—The reduction pro-
vided for in this subparagraph shall be
available for no more than 50 claims held
by a claimant who is eligible under para-
graph (1).
(4) PAYMENT IN LIEU OF ANNUAL LABOR RE-
QUIREMENTS.—The third sentence of section 2324
of the Revised Statutes (30 U.S.C. 28) is amended
by inserting after ‘‘On each claim located after the
tenth day of May, eighteen hundred and seventy-
two,’’ the following: ‘‘for which a waiver of the main-
tenance fee, or a reduced maintenance fee, under
section 9003 of the Omnibus Budget Reconciliation
Act of 1993 has been granted under subsection (j)
of that section,’’.
626
(5) FILING REQUIREMENTS.—The holder of any
unpatented mining claim for which a waiver of the
maintenance fee, or a reduced maintenance fee, has
been granted pursuant to this subsection shall con-
tinue to be subject to the filing requirements con-
tained in sections 314(a) and (c) of the Federal
Land Policy Management Act of 1976 (43 U.S.C.
1744(a) and (c)).
(k) EFFECTIVE DATE.—This section shall take effect
with respect to assessment years beginning after August
31, 1994.
SEC. 9004. FEDERAL IRRIGATION WATER SURCHARGE.
(a) FINDINGS AND PURPOSES.—
(1) FINDINGS.—The Congress finds that—
(A) the construction and operation of Fed-
eral reclamation projects have contributed to
the depletion of streams, the alteration of ripar-
ian habitat, and the degradation of water qual-
ity;
(B) such impacts have had adverse impacts
on fish and wildlife resources; and
(C) the restoration of fish and wildlife and
related habitat affected by the construction or
operation of Federal reclamation projects is a
627
continuing responsibility of the beneficiaries of
such projects.
(2) PURPOSES.—The purposes of this section
are to—
(A) incorporate the restoration of fish and
wildlife resources and related habitat affected
by the construction or operation of Federal rec-
lamation projects into the annual operation and
maintenance requirements of such projects;
(B) establish a fair and equitable mecha-
nism for securing timely payments from the
beneficiaries of such projects for the implemen-
tation, operation, and maintenance of fish and
wildlife restoration measures;
(C) accelerate the rate of restoration and
recovery of depleted populations of indigenous
fish and wildlife; and
(D) encourage more efficient use of water
resources by the beneficiaries of Federal rec-
lamation projects.
(b) OPERATIONAL CHARGES.—
(1) IN GENERAL.—Individuals or non-Federal
entities that receive delivery of water (including by
exchange) which is stored in or transported through
Federal reclamation projects or project facilities or
628
projects or project facilities constructed by the Sec-
retary of the Army that meet the conditions speci-
fied in paragraph (1) or (2) of section 212(a) of the
Reclamation Reform Act of 1982 (Public Law 97–
293, 43 U.S.C. 390ll), except for facilities of the
Central Valley Project, California (as that project is
defined by title XXXIV of Public Law 102–575),
shall, pursuant to such terms, conditions, and proce-
dures as the Secretary of the Interior may prescribe,
pay to the United States an operation and mainte-
nance charge sufficient to yield at least $10,000,000
(January 1993 price levels) annually in the years
1994, 1995, and 1996 and at least $15,000,000
(January 1993 price levels) annually in 1997 and
each year thereafter.
(2) PAYMENTS.—Payments required by para-
graph (1) shall be made without reduction or defer-
ral by the Secretary under any provision of reclama-
tion law and without regard to whether an individual
or entity has discharged its repayment obligation
within the meaning of the first section of the Act of
July 2, 1956 (70 Stat. 483; 43 U.S.C. 485h–1), sec-
tion 213 of the Reclamation Reform Act of 1982
(Public Law 97–293, 43 U.S.C. 390mm), or any
other provision of Federal Reclamation law. The
629
payments shall be in addition to any other repay-
ments owed or made to the United States and shall
not be applied or credited to an individual’s or enti-
ty’s repayment of project construction costs, pay-
ment of other annual project operation and mainte-
nance costs, payment of interest, or reduction of any
contractual obligation the individual or entity may
have with the United States.
(c) NATURAL RESOURCES RESTORATION FUND.—
There is hereby established in the Treasury of the United
States a fund to be known as the ‘‘Natural Resources Res-
toration Fund’’ (hereafter in this section referred to as
the ‘‘Fund’’). All payments of the operation and mainte-
nance charges authorized in subsection (b) shall be depos-
ited in the Fund, and shall be available in the fiscal year
following deposit and thereafter, to such extent or in such
amounts as are provided in advance in appropriation Acts,
for expenditures by the Secretary of the Interior for the
benefit of fish and wildlife resources, including habitat, af-
fected by construction or operation of the projects referred
to in this section.
(d) INDIAN LAND OWNERS.—For the purposes of
this section, Indian tribes or individual Indian beneficial
owners of land held in trust by the United States or sub-
630
ject to a restriction against alienation by the United States
shall be considered to be Federal entities.
(e) FEDERAL RECLAMATION LAW.—This section
shall constitute an amendment of and a supplement to the
Federal Reclamation laws (the Reclamation Act of 1902,
32 Stat. 388, and Acts amendatory thereof and supple-
mentary thereto).
SEC. 9005. RECREATION USER FEES.
(a) LAND AND WATER CONSERVATION FUND ACT OF
1965.—
(1) IN GENERAL.—The first sentence of section
4(b) of the Land and Water Conservation Fund Act
of 1965 (relating to recreation use fees) is amended
by striking out ‘‘picnic tables, or boat ramps’’ and
all that follows down through the period at the end
thereof and inserting the following: ‘‘or picnic tables,
and in no event shall there be any charge for the use
of any campground not having a majority of the fol-
lowing: tent or trailer spaces, drinking water, access
road, refuse containers, toilet facilities, fee collection
by an employee or agent of the Federal agency oper-
ating the facility, reasonable visitor protection, and
simple devices for containing a campfire (where
campfires are permitted). For purposes of this sub-
section, the term ‘specialized outdoor recreation site’
631
includes but shall not be limited to campgrounds,
swimming sites, boat launch facilities, and managed
parking lots.’’. The second sentence of such section
4(b) is hereby repealed.
(2) CONFORMING
AMENDMENT.—Section 210
of Public Law 90–483 (82 Stat. 746; 16 U.S.C.
460d–3) is repealed.
(b) COSTS
OF COLLECTION.—Section 4(i) of the
Land and Water Conservation Fund Act of 1965 (relating
to special accounts for fees collected) is amended by insert-
ing ‘‘(A)’’ after ‘‘(1)’’ and by adding the following at the
end of paragraph (1):
‘‘(B) Notwithstanding subparagraph (A), in any fis-
cal year, the Secretary of Agriculture and the Secretary
of the Interior may withhold from the special account es-
tablished under subparagraph (A) such portion of all re-
ceipts the fees collected in that fiscal year under this sec-
tion as such Secretary determines to be equal to the addi-
tional fee collection costs for that fiscal year. The amounts
so withheld shall be retained by the Secretary of Agri-
culture or the Secretary of the Interior and shall be avail-
able, without further appropriation, for expenditure by the
Secretary concerned in the fiscal year in which collected
to cover such additional fee collection costs. The Secretary
concerned shall deposit in the special account established
632
pursuant to subparagraph (A) any amounts so retained
which remain unexpended and unobligated at the end of
such fiscal year. For the purposes of this subparagraph,
for any fiscal year, the term ‘additional fee collection costs’
means those costs for personnel and infrastructure di-
rectly associated with the collection of fees imposed under
this section which exceed the costs for personnel and infra-
structure directly associated with the collection of such
fees during fiscal year 1993.’’.
(c) GOLDEN AGE PASSPORT.—The second sentence
of section 4(a)(4) of the Land and Water Conservation
Fund Act of 1965 (relating to Golden Age Passports) is
amended to read as follows: ‘‘Such permit shall be
nontransferable, shall be issued for a charge of $10, and
shall entitle the permittee and the permittee’s spouse ac-
companying the permittee to general admission into any
area designated pursuant to this section.’’.
(d) USER FEES FOR RIGHTS-OF-WAY.—In each fis-
cal year after the enactment of this Act, the Secretary of
the Interior shall impose and collect an annual fee for the
use and occupancy of any right-of-way through any na-
tional park system unit for which a permit has been issued
by the Secretary pursuant to any general or specific statu-
tory right-of-way authority (whether issued before or after
the enactment of this Act) or for any other right-of-way
633
allowed as of the date of the enactment of this Act. The
amount of such annual fee shall be equal to the fair mar-
ket rental value, as determined by the Secretary, of such
use and occupancy for the fiscal year concerned. The fair
market value shall be reviewed (and revised if necessary)
not less frequently than every 3 years. The Secretary shall
deposit all fees collected under this subsection in the spe-
cial account established under section 4(i) of the Land and
Water Conservation Fund Act of 1965.
(e) COMMERCIAL TOUR USE FEES.—(1) In the case
of each unit of the National Park System for which an
admission fee is charged under section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
4), the Secretary of the Interior shall establish, by October
1, 1993, a commercial tour use fee to be imposed on each
vehicle or aircraft entering the unit (or the airspace of
the unit) for the purpose of providing commercial tour
services within (or within the air space of) the unit. Fee
revenue derived from such commercial tour use fees shall
be deposited into the special account established under
section 4(i) of the Land and Water Conservation Fund
Act of 1965.
(2) The Secretary shall establish the amount of fee
to be imposed under this subsection per entry. The fee
shall not be less than—
634
(A) $25 per vehicle or aircraft with a passenger
capacity of 25 persons or less,
(B) $50 per vehicle or aircraft with a passenger
capacity of 26 to 99 persons, and
(C) $100 per vehicle or aircraft with a pas-
senger capacity of 100 to 299 persons.
The Secretary may periodically increase the fee imposed
under this subsection as he deems necessary and justifi-
able.
(3) The commercial tour use fee imposed under this
subsection shall not apply to either of the following:
(A) Any vehicle or aircraft transporting orga-
nized school groups or outings conducted for edu-
cational purposes by schools or other bona fide edu-
cational institutions.
(B) Any vehicle or aircraft entering a park sys-
tem unit pursuant to a contract issued under the
Act of October 9, 1965 (16 U.S.C. 20–20g) entitled
‘‘An Act relating to the establishment of concession
policies in the areas administered by the National
Park Service and for other purposes’’.
(f) FAIR MARKET VALUE FOR COMMUNICATION SITE
FEES.—No permit or other authorization for the use of
any area of the public lands of the United States for pur-
poses of commercial telephone transmission facilities shall
635
remain in force and effect after January 1, 1994 unless,
before that date, and before January 1 of each year there-
after, the holder of such permit or other authorization
pays to Secretary of the Department having administra-
tive jurisdiction over such lands an amount equal to the
fair market value, as determined by such Secretary, of the
right to use and occupy such area for such purposes. For
purposes of this subsection, the term ‘‘public lands of the
United States’’ means lands owned by the United States
and administered by the Secretary of the Interior (other
than lands held for the benefit of Indians, Aleuts, and Es-
kimos) and lands within the National Forest System.
SEC. 9006. NUCLEAR REGULATORY COMMISSION ANNUAL
CHARGES.
Section 6101(a)(3) of the Omnibus Budget Reconcili-
ation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by
striking ‘‘September 30, 1995’’ and inserting ‘‘September
30, 1998’’.
SEC. 9007. RECOVERING THE COST FOR GOVERNMENT
SERVICES.
(a) REPORT.—Not later than January 1, 1994, the
Secretary of the Interior and the Secretary of Energy shall
each submit a report identifying fees, penalties, and other
charges to the Committee on Natural Resources of the
636
House of Representatives and the Committee on Energy
and Natural Resources of the Senate. Each report shall—
(1) identify all fees, penalties, and other
charges imposed by the respective Secretary for the
provision of services;
(2) include the procedures for adjusting such
fees to recover the cost of providing those services;
and
(3) identify those services for which no fee is
currently charged and make recommendations for a
fee appropriate to cover the cost of providing each
service.
(b) ADJUSTMENT OF FEES.—Except as provided in
subsection (d), for fiscal year 1995 and each fiscal year
thereafter, the Secretary of the Interior and the Secretary
of Energy shall adjust each fee, penalty, and other charge
for the provision of services identified pursuant to sub-
section (a)(1). Each such fee, penalty, and charge shall
be adjusted in accordance with the procedures identified
pursuant to subsection (a)(2).
(c) IMPLEMENTATION OF FEES FOR SERVICES NOT
COVERED.—Beginning with fiscal year 1995, the Sec-
retary of the Interior and the Secretary of Energy shall
charge fees for each of the services identified pursuant to
subsection (a)(3) in an amount sufficient to recover the
637
cost of providing the service. For each fiscal year there-
after, the fee shall be adjusted in the same manner as
adjustments are made pursuant to subsection (b), using
fiscal year 1995 as the base year.
(d) CERTAIN FEES, PENALTIES AND CHARGES NOT
COVERED.—Subsection (b) shall not apply to any fee, pen-
alty, or charge the amount of which is expressly specified
in any statute or contract.
SEC. 9008. UNFUNDED LIABILITIES OF THE FEDERAL GOV-
ERNMENT.
Section 1105 of title 31, United States Code, is
amended by adding the following subsection at the end
thereof:
‘‘(g) The President shall transmit with materials re-
lated to each budget an estimate of unfunded future liabil-
ities of the Federal Government that are not accounted
for in the budget itself. Such estimate shall include (but
not be limited to) liabilities for future remediation of envi-
ronmental and natural resources damage, and cleaning up
waste sites, on Federal lands. Sources of liabilities shall
include (but not be limited to) active, inactive, or aban-
doned mines or oil or gas wells, irrigation waste water im-
pacts, decommissioning of nuclear power plants, and ura-
nium mining and processing activities (without regard to
the location of such mining or processing activities) affect-
638
ing the health of Native Americans and carried out pursu-
ant to a program administered by the United States.’’.
TITLE X—COMMITTEE ON POST
OFFICE AND CIVIL SERVICE
Subtitle A—Civil Service
SEC. 10001. DELAY IN COST-OF-LIVING ADJUSTMENTS IN
FEDERAL EMPLOYEE RETIREMENT BENEFITS
DURING FISCAL YEARS 1994, 1995, AND 1996.
(a) APPLICABILITY.—This section shall apply with
respect to any cost-of-living increase scheduled to take
effect, during fiscal year 1994, 1995, or 1996, under—
(1) section 8340(b) or 8462(b) of title 5, Unit-
ed States Code;
(2) section 826 or 858 of the Foreign Service
Act of 1980; or
(3) section 291 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2131), as set
forth in section 802 of the CIARDS Technical Cor-
rections Act of 1992 (Public Law 102–496; 106
Stat. 3196).
(b) DELAY
IN
EFFECTIVE
DATE
OF
ADJUST-
MENTS.—A cost-of-living increase described in subsection
(a) shall not take effect until the first day of the third
calendar month after the date such increase would other-
wise take effect.
639
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be considered to affect any determination relat-
ing to eligibility for an annuity increase or the amount
of the first increase in an annuity under section 8340(b)
or (c) or section 8462(b) or (c) of title 5, United States
Code, or comparable provisions of law.
SEC. 10002. PERMANENT ELIMINATION OF THE ALTER-
NATIVE-FORM-OF-ANNUITY OPTION EXCEPT
FOR INDIVIDUALS WITH A CRITICAL MEDI-
CAL CONDITION.
(a) CIVIL SERVICE RETIREMENT SYSTEM; FEDERAL
EMPLOYEES’ RETIREMENT SYSTEM.—Sections 8343a and
8420a of title 5, United States Code, are each amended—
(1) in subsection (a) by striking ‘‘an employee
or Member may,’’ and inserting ‘‘any employee or
Member who has a life-threatening affliction or
other critical medical condition may,’’; and
(2) by striking subsection (f).
(b) FOREIGN SERVICE RETIREMENT AND DISABIL-
ITY SYSTEM.—Section 807(e)(1) of the Foreign Service
Act of 1980 (22 U.S.C. 4047(e)(1)) is amended by strik-
ing ‘‘a participant may,’’ and inserting ‘‘any participant
who has a life-threatening affliction or other critical medi-
cal condition may,’’.
640
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM.—Section 294(a) of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2143(a)),
as set forth in section 802 of the CIARDS Technical Cor-
rections Act of 1992 (Public Law 102–496; 106 Stat.
3196), is amended by striking ‘‘a participant may,’’ and
inserting ‘‘any participant who has a life-threatening
affliction or other critical medical condition may,’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall become effective on January 1, 1994,
and shall apply with respect to any annuity commencing
on or after that date.
SEC. 10003. PAY LIMITATIONS.
(a) ELIMINATION OF THE 1994 ANNUAL PAY AD-
JUSTMENT.—
(1) STATUTORY PAY SYSTEMS.—Notwithstand-
ing section 633 of the Treasury, Postal Service
and 
General 
Government 
Appropriations 
Act,
1991 (5 U.S.C. 5303 note) or any other provision
of law, the adjustment in rates of basic pay that is
scheduled to take effect in 1994 under section 5303
of title 5, United States Code, shall not take effect.
(2) OTHER PAY SYSTEMS.—
(A) IN
GENERAL.—Notwithstanding any
other provision of law, any general pay adjust-
641
ment, similar to the adjustment referred to in
paragraph (1), which is scheduled to take effect
in 1994 with respect to any civilian officers or
employees in the executive branch (other than
those affected by paragraph (1)) shall not take
effect.
(B) 
EXCEPTIONS.—Subparagraph 
(A)
shall not apply with respect to—
(i) any pay adjustment required under
the terms of a contract, as in effect before
the date of the enactment of this Act; or
(ii) any alien or noncitizen of the
United States who occupies a position out-
side the United States.
(C) REGULATIONS.—The Office of Person-
nel Management may prescribe any regulations
it considers necessary for the administration of
this paragraph.
(b) MODIFICATION IN FORMULA FOR COMPUTING
ANNUAL PAY ADJUSTMENTS
FOR 1995, 1996, AND
1997.—
(1) 
STATUTORY
PAY
SYSTEMS.—Section
5303(a) of title 5, United States Code, is
amended—
642
(A) by striking ‘‘(a)’’ and inserting
‘‘(a)(1)’’; and
(B) by adding at the end the following:
‘‘(2) Notwithstanding section 633 of the Treasury,
Postal Service and General Government Appropriations
Act, 1991 or any other provision of law, for purposes of
any adjustment scheduled to take effect under this section
in 1995, 1996, or 1997, paragraph (1) shall be deemed
to be amended by striking ‘equal to’ through ‘less than’
and inserting ‘equal to one and one-half percentage points
less than’.’’.
(2) OTHER PAY SYSTEMS.—Section 704(a)(1)
of the Ethics Reform Act of 1989 (5 U.S.C. 5318
note) is amended by adding at the end the following:
‘‘(C) SPECIAL RULE.—For purposes of any
pay adjustment scheduled to take effect in
1995, 1996, or 1997, subparagraph (B) shall
be deemed to be amended by striking ‘one-half
of 1 percent’ and inserting ‘one and one-half
percent’.’’.
SEC. 10004. PROVISIONS RELATING TO LOCALITY-BASED
COMPARABILITY PAYMENTS.
(a) LOCALITY-BASED COMPARABILITY PAYMENTS.—
(1) CHANGE
IN
EFFECTIVE
DATE
OF
PAY-
MENTS.—Section 5304(d)(2) of title 5, United
643
States Code, is amended by striking ‘‘January 1’’
and inserting ‘‘July 1’’.
(2) LIMITATION
RELATING
TO
AGGREGATE
AMOUNT PAYABLE DURING CERTAIN PERIODS.—Sec-
tion 5304 of title 5, United States Code, is
amended—
(A) by redesignating subsection (i) as sub-
section (j); and
(B) by inserting after subsection (h) the
following:
‘‘(i)(1) Notwithstanding any other provision of this
section, comparability payments may not be established or
adjusted under this section in a manner that would cause
the resulting estimated total amount payable under this
section during the period which—
‘‘(A) begins on July 1, 1994, and ends on June
30, 1995, to exceed $1,800,000,000;
‘‘(B) begins on July 1, 1995, and ends on June
30, 1996, to exceed $2,500,000,000;
‘‘(C) begins on July 1, 1996, and ends on June
30, 1997, to exceed $3,300,000,000;
‘‘(D) begins on July 1, 1997, and ends on June
30, 1998, to exceed $4,200,000,000; or
‘‘(E) begins on July 1, 1998, and ends on Sep-
tember 30, 1998, to exceed $1,747,000,000.
644
‘‘(2) If necessary in order to achieve compliance with
any of the respective limitations under paragraph (1), the
President may, in carrying out subsection (d)(2), specify
levels of comparability payments less than the minimum
which would otherwise be required under subsection
(a)(3).
‘‘(3) The pay agent shall develop and include in the
appropriate reports under subsection (d)(1) the methodol-
ogy for making any estimates under this subsection, and
any such estimate shall be made in accordance with the
methodology so included in the then most recent report.
‘‘(4) Whenever any authority under this subsection
is exercised, the President shall so indicate in his next re-
port under subsection (d)(3), including specific informa-
tion as to how such authority was exercised and the rea-
sons why it was so exercised.’’.
(b) TEMPORARY CHANGE IN EFFECTIVE DATE OF
ANNUAL PAY ADJUSTMENTS UNDER SECTION 5303 OF
TITLE 5, UNITED STATES CODE.—Section 5303(a) of
title 5, United States Code (as amended by section
10003(b)(1)), is further amended by adding after para-
graph (2) of such section 5303(a) (as so amended) the
following:
‘‘(3) Effective for the period beginning on January
1, 1995, and ending on December 31, 2003, paragraph
645
(1) shall be deemed to be amended by striking ‘January
1’ and inserting ‘July 1’.’’.
(c) REPEAL OF THE PROVISION EXCLUDING SENIOR
EXECUTIVES FROM THE LIMITATION GENERALLY APPLI-
CABLE ON THE ACCUMULATION OF ANNUAL LEAVE.—
(1) IN GENERAL.—Section 6304(f) of title 5,
United States Code, is repealed, effective as of Jan-
uary 1, 1994.
(2) SAVINGS PROVISION.—
(A) APPLICABILITY.—This paragraph shall
apply with respect to an individual—
(i) who, as of December 31, 1993, has
more than 30 days of annual leave to such
individual’s credit (or more than 45 days,
if the individual would be subject to section
6304(b) of such title) which were accrued
in any position described in section 6304(f)
of title 5, United States Code (as in effect
on the date of the enactment of this Act);
and
(ii) only for so long as such individual
remains continuously employed in any such
position (disregarding any break in service
of 3 days or less).
648
erage number in such fiscal year, as determined
under regulations prescribed under paragraph (5).
Any such average shall be determined on a ‘‘full-
time equivalent’’ basis.
(4) VOLUNTARY
MEASURES.—To the extent
practicable, any reductions necessary to achieve com-
pliance with any limitation under paragraph (2)
shall be effected through attrition or other voluntary
measures.
(5) REGULATIONS.—The President shall pre-
scribe regulations to carry out this subsection.
(f) PAY-LIMITATION PROVISIONS MADE APPLICABLE
TO CERTAIN EMPLOYEES IN THE JUDICIAL BRANCH.—
The Director of the Administrative Office of the United
States Courts shall take such measures as may be nec-
essary to ensure that the purposes of subsections (a) and
(b) of section 10003 and subsections (a)(1) (if applicable)
and (b) of this section are carried out with respect to em-
ployees who are subject to the personnel management sys-
tem established by the Director under section 3 of Public
Law 101–474 (28 U.S.C. 602 note).
649
SEC. 10005. APPLICATION OF MEDICARE PART B LIMITS TO
PHYSICIANS’ SERVICES FURNISHED TO FED-
ERAL 
EMPLOYEE 
HEALTH 
BENEFITS 
EN-
ROLLEES AGE 65 OR OLDER.
(a) IN GENERAL.—Section 8904(b) of title 5, United
States Code, is amended—
(1) in paragraph (1) by inserting ‘‘(A)’’ after
‘‘(b)(1)’’ and by adding at the end the following:
‘‘(B)(i) A plan, other than a prepayment plan de-
scribed in section 8903(4), may not provide benefits, in
the case of any retired enrolled individual who is age 65
or older and is not entitled to Medicare supplementary
medical insurance benefits under part B of title XVIII of
the Social Security Act (42 U.S.C. 1395j et seq.), to pay
a charge imposed for physicians’ services (as defined in
section 1848(j) of such Act, 42 U.S.C. 1395w–4(j)) which
are covered for purposes of benefit payments under this
chapter and under such part, to the extent that such
charge exceeds the fee schedule amount under section
1848(a) of such Act (42 U.S.C. 1395w–4(a)).
‘‘(ii) Physicians and suppliers who have in force par-
ticipation agreements with the Secretary of Health and
Human Services consistent with section 1842(h)(1) of
such Act (42 U.S.C. 1395u(h)(1)), whereby the participat-
ing provider accepts Medicare benefits (including allowable
deductible and coinsurance amounts) as full payment for
650
covered items and services shall accept equivalent benefit
and enrollee cost-sharing under this chapter as full pay-
ment for services described in clause (i). Physicians and
suppliers who are nonparticipating physicians and suppli-
ers for purposes of part B of title XVIII of such Act shall
not impose charges that exceed the limiting charge under
section 1848(g) of such Act (42 U.S.C. 1395w–4(g)) with
respect to services described in clause (i) provided to en-
rollees described in such clause. The Office of Personnel
Management shall notify a physician or supplier who is
found to have violated this clause and inform them of the
requirements of this clause and sanctions for such a viola-
tion. The Office of Personnel Management shall notify the
Secretary of Health and Human Services if a physician
or supplier is found to knowingly and willfully violate this
clause on a repeated basis and the Secretary of Health
and Human Services may invoke appropriate sanctions in
accordance with sections 1128A(a) and section 1848(g)(1)
of such Act (42 U.S.C. 1320a–7a(a), 1395w–4(g)(1)) and
applicable regulations.
‘‘(C) If the Secretary of Health and Human Services
determines that a violation of this subsection warrants ex-
cluding a provider from participation for a specified period
under title XVIII of the Social Security Act, the Office
651
shall enforce a corresponding exclusion of such provider
for purposes of this chapter.’’;
(2) in paragraph (3)(B)—
(A) by inserting ‘‘(i)’’ after ‘‘includes’’; and
(B) by inserting before the period at the
end the following: ‘‘, and (ii) the fee schedule
amounts and limiting charges for physicians’
services established under section 1848 of such
Act (42 U.S.C. 1395w–4) and the identity of
participating physicians and suppliers who have
in force agreements with such Secretary under
section 1842(h) of such Act (42 U.S.C.
1395u(h))’’; and
(3) by adding at the end the following:
‘‘(4) The Director of the Office of Personnel Manage-
ment shall certify, before the first day of the fifth month
that begins before each contract year, that there is in ef-
fect an arrangement with the Secretary of Health and
Human Services under which, before the beginning of the
contract year—
‘‘(A) physicians and suppliers (whether or not
participating) under the Medicare program will be
notified of the requirements of paragraph (1)(B);
‘‘(B) enforcement procedures will be in place to
carry out such paragraph (including enforcement of
652
protections against overcharging of beneficiaries);
and
‘‘(C) Medicare program information described
in paragraph (3)(B)(ii) will be supplied to carriers
under paragraph (3)(A).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to contract years
beginning on or after January 1, 1995.
SEC. 10006. TEMPORARY EXTENSION OF METHOD FOR DE-
TERMINING GOVERNMENT CONTRIBUTIONS
UNDER FEHBP IN THE ABSENCE OF A GOV-
ERNMENT-WIDE INDEMNITY BENEFIT PLAN.
(a) IN GENERAL.—Public Law 101–76 (5 U.S.C.
8906 note) is amended in subsection (a)(1) by striking
‘‘1993’’ and inserting ‘‘1998’’.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that nothing in this section should be considered
to reflect any view on the appropriateness, merits, or tim-
ing, or any other aspect of any comprehensive health care
reform legislation.
Subtitle B—Postal Service
SEC. 10101. PAYMENTS TO BE MADE BY THE UNITED
STATES POSTAL SERVICE.
(a) RELATING TO CORRECTED CALCULATIONS FOR
PAST RETIREMENT COLAS.—In addition to any other
653
payments required under section 8348(m) of title 5, Unit-
ed States Code, or any other provision of law, the United
States Postal Service shall pay into the Civil Service Re-
tirement and Disability Fund a total of $693,000,000, of
which—
(1) at least one-third shall be paid not later
than September 30, 1995;
(2) at least two-thirds shall be paid not later
than September 30, 1996; and
(3) any remaining balance shall be paid not
later than September 30, 1997.
(b) RELATING TO CORRECTED CALCULATIONS FOR
PAST HEALTH BENEFITS.—In addition to any other pay-
ments required under section 8906(g)(2) of title 5, United
States Code, or any other provision of law, the United
States Postal Service shall pay into the Employees Health
Benefits Fund a total of $348,000,000, of which—
(1) at least one-third shall be paid not later
than September 30, 1995;
(2) at least two-thirds shall be paid not later
than September 30, 1996; and
(3) any remaining balance shall be paid not
later than September 30, 1997.
654
Subtitle C—Revenue Forgone
Reform
SEC. 10201. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Revenue Forgone Reform Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this subtitle is as follows:
Sec. 10201. Short title; table of contents.
Sec. 10202. References.
Sec. 10203. Repeal of authorization of appropriations for mail sent at reduced
rates of postage.
Sec. 10204. Establishing reduced rates of postage.
Sec. 10205. Eligibility of certain mailings for reduced rates of postage.
Sec. 10206. Provisions relating to rates for books and certain other materials.
Sec. 10207. Sense of Congress.
Sec. 10208. Technical corrections.
SEC. 10202. REFERENCES.
Except as otherwise expressly provided, whenever in
this subtitle an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of title 39, United States
Code.
SEC. 10203. REPEAL OF AUTHORIZATION OF APPROPRIA-
TIONS FOR MAIL SENT AT REDUCED RATES
OF POSTAGE.
(a) IN GENERAL.—Section 2401(c) is amended—
(1) in the first sentence—
(A) by striking ‘‘if sections’’ through ‘‘had
not been enacted’’ and inserting ‘‘if sections
655
3217 and 3403–3406 had not been enacted’’;
and
(B) by striking ‘‘such sections and Acts.’’
and inserting ‘‘such sections.’’; and
(2) in the second sentence—
(A) by striking ‘‘(i)’’; and
(B) by striking ‘‘volume;’’ through ‘‘sched-
ules.’’ and inserting ‘‘volume.’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to appropriations for
fiscal years beginning after September 30, 1993.
SEC. 10204. ESTABLISHING REDUCED RATES OF POSTAGE.
(a) RATES.—
(1) IN GENERAL.—Section 3626(a) is amended
to read as follows:
‘‘(a)(1) For the purpose of this subsection—
‘‘(A) the term ‘costs attributable’, as used with
respect to a class of mail or kind of mailer, means
the direct and indirect postal costs attributable to
such class of mail or kind of mailer (excluding any
other costs of the Postal Service);
‘‘(B) the term ‘regular-rate category’ means
any class of mail or kind of mailer, other than a
class or kind referred to in paragraph (2)(A) or sec-
tion 2401(c); and
656
‘‘(C) the term ‘institutional-costs contribution’,
as used with respect to a class of mail or kind of
mailer, means that portion of the estimated revenues
to the Postal Service from such class of mail or kind
of mailer which remains after subtracting an amount
equal to the estimated costs attributable to such
class of mail or kind of mailer.
‘‘(2)(A) Except as provided in paragraph (3) or (4),
rates of postage for a class of mail or kind of mailer under
former section 4358, 4452(b), 4452(c), 4554(b), or
4554(c) of this title shall be established in a manner such
that the estimated revenues to be received by the Postal
Service from such class of mail or kind of mailer shall
be equal to the sum of—
‘‘(i) the estimated costs attributable to such
class of mail or kind of mailer; and
‘‘(ii) the product derived by multiplying the es-
timated costs referred to in clause (i) by the applica-
ble percentage under subparagraph (B).
‘‘(B) The applicable percentage for any class of mail
or kind of mailer referred to in subparagraph (A) shall
be the product derived by multiplying—
‘‘(i) the percentage which, for the most closely
corresponding regular-rate category, the institu-
tional-costs contribution for such category represents
657
relative to the estimated costs attributable to such
category of mail, times
‘‘(ii)(I) one-twelfth, for fiscal year 1994;
‘‘(II) one-sixth, for fiscal year 1995;
‘‘(III) one-fourth, for fiscal year 1996;
‘‘(IV) one-third, for fiscal year 1997;
‘‘(V) five-twelfths, for fiscal year 1998; and
‘‘(VI) one-half, for any fiscal year after fiscal
year 1998.
‘‘(C) For temporary special authority to permit the
timely implementation of the preceding provisions of this
paragraph, see section 3642.
‘‘(D) For purposes of establishing rates of postage
under this subchapter for any of the classes of mail or
kinds of mailers referred to in subparagraph (A),
subclauses (I) through (V) of subparagraph (B)(ii) shall
be deemed amended by striking the fraction specified in
each such subclause and inserting ‘one-half’.
‘‘(3) The rates for the advertising portion of any mail
matter under former section 4358(d) or 4358(e) of this
title shall be equal to the rates for the advertising portion
of the most closely corresponding regular-rate category of
mail, except that if the advertising portion does not exceed
10 percent of the issue of the publication involved, the ad-
658
vertising portion shall be subject to the same rates as
apply to the nonadvertising portion.
‘‘(4) The rates for any advertising under former sec-
tion 4358(f) of this title shall be equal to 75 percent of
the rates for advertising contained in the most closely cor-
responding regular-rate category of mail.’’.
(2) SPECIAL
AUTHORITY.—Subchapter III of
chapter 36 is amended by adding at the end the fol-
lowing:
‘‘§ 3642. Special authority relating to reduced-rate
categories of mail
‘‘(a) In order to permit the timely implementation of
section 3626(a)(2), the Postal Service may establish tem-
porary rates of postage for any class of mail or kind of
mailer referred to in section 3626(a)(2)(A).
‘‘(b) Any exercise of authority under this section shall
be in conformance with the requirements of section
3626(a), subject to the following:
‘‘(1) All ‘attributable costs’ and ‘institutional-
costs contributions’ assumed shall be the same as
those which were assumed for purposes of the then
most recent proceedings under subchapter II pursu-
ant to which rates of postage for the class of mail
or kind of mailer involved were last adjusted.
660
‘‘(B) authority under this paragraph has
not previously been exercised with respect to
such class of mail or kind of mailer based on
the new rates referred to in subparagraph (A).
‘‘(c) The Postal Service may prescribe any regula-
tions which may be necessary to carry out this section,
including provisions governing the coordination of adjust-
ments under this section with any other adjustments
under this title.’’.
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—
(A) SECTION 3626.—Section 3626(i) is re-
pealed.
(B) SECTION 3627.—
(i) IN
GENERAL.—Section 3627 is
amended—
(I) by striking ‘‘sent at a free or
reduced rate under section 3217,
3403–3406, or 3626 of this title,’’
and inserting ‘‘sent free of postage
under section 3217 or 3403–3406’’;
and
(II) in the section heading by
striking ‘‘and reduced’’.
661
(ii) TABLE OF CONTENTS.—The table
of contents for chapter 36 is amended—
(I) by striking the item relating
to section 3627 and inserting the
following:
‘‘3627. Adjusting free rates.’’;
and
(II) by inserting after the item
relating to section 3641 the following:
‘‘3642. Special authority relating to reduced-rate categories of mail.’’.
(b) AUTHORIZATION.—
(1) IN GENERAL.—Section 2401 is amended—
(A) by striking subsections (d) through (f);
(B) 
by 
redesignating 
subsections 
(g)
through (i) as subsections (e) through (g), re-
spectively;
(C) in subsection (f) (as so redesignated by
subparagraph (B)) by striking the second sen-
tence;
(D) in subsection (g) (as so redesignated
by subparagraph (B)) by striking ‘‘subsections
(b) and (d) of this section’’ and inserting ‘‘sub-
section (b)’’; and
(E) by inserting after subsection (c) the
following:
662
‘‘(d) As reimbursement to the Postal Service for
losses which it incurred as a result of insufficient amounts
appropriated under section 2401(c) for fiscal years 1991
through 1993, and to compensate for the additional reve-
nues it is estimated the Postal Service would have received
under the provisions of section 3626(a), for the period be-
ginning on October 1, 1993, and ending on September 30,
1998, if the fraction specified in subclause (VI) of section
3626(a)(2)(B)(ii) were applied with respect to such period
(instead of the respective fractions specified in subclauses
(I) through (V) thereof), there are authorized to be appro-
priated to the Postal Service $29,000,000 for each of
fiscal years 1994 through 2035.’’.
(2) RATEMAKING LIMITATIONS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), rates of postage may not be
established, under subchapter II of chapter 36
of title 39, United States Code, in a manner de-
signed to allow the United States Postal Service
to receive through revenues any portion of the
additional revenues (referred to in section
2401(d) of such title, as amended by paragraph
(1)(E)) for which amounts are authorized to be
appropriated under such section 2401(d).
663
(B) EXCEPTION.—If Congress fails to ap-
propriate an amount authorized under section
2401(d) of title 39, United States Code (as
amended by paragraph (1)(E)), rates for the
various classes of mail may be adjusted in ac-
cordance with the provisions of subchapter II of
chapter 36 of such title (excluding section 3627
thereof) such that the resulting increase in rev-
enues will equal the amount that Congress so
failed to appropriate.
(c) APPLICABILITY.—
(1) RATES.—The amendments made by sub-
section (a) shall apply with respect to rates for mail
sent after September 30, 1993.
(2) AUTHORIZATION.—The amendments made
by subsection (b) shall apply with respect to appro-
priations for fiscal years beginning after September
30, 1993.
SEC. 10205. ELIGIBILITY OF CERTAIN MAILINGS FOR RE-
DUCED RATES OF POSTAGE.
(a) ADVERTISING.—Section 3626(j)(1) is amended—
(1) in subparagraph (B) by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (C) by striking the period
and inserting ‘‘; or’’; and
664
(3) by adding at the end the following:
‘‘(D) any product or service (other than any to
which subparagraph (A), (B), or (C) relates), if—
‘‘(i) the sale of such product or the provid-
ing of such service is not substantially related
(aside from the need, on the part of the organi-
zation promoting such product or service, for
income or funds or the use it makes of the prof-
its derived) to the exercise or performance by
the organization of one or more of the purposes
constituting the basis for the organization’s au-
thorization to mail at such rates; or
‘‘(ii) the mail matter involved is part of a
cooperative mailing (as defined under regula-
tions of the Postal Service) with any person or
organization not authorized to mail at the rates
for mail under former section 4452(b) or
4452(c) of this title;
except that—
‘‘(I) any determination under clause (i)
that a product or service is not substantially re-
lated to a particular purpose shall be made
under regulations which shall be prescribed by
the Postal Service based on subsections (a) and
665
(c) of section 513 of the Internal Revenue Code
of 1986; and
‘‘(II) clause (i) shall not apply if the prod-
uct involved is a periodical publication described
in subsection (m)(2) (including a subscription
to receive any such publication).’’.
(b) PRODUCTS.—Section 3626 is amended by adding
at the end the following:
‘‘(m)(1) In the administration of this section, the
rates for mail under former section 4452(b) or 4452(c)
of this title shall not apply to mail consisting of products,
unless such products—
‘‘(A) were received by the organization as gifts
or contributions; or
‘‘(B) are low cost articles (as defined by section
513(h)(2) of the Internal Revenue Code of 1986).
‘‘(2) Paragraph (1) shall not apply with respect to
a periodical publication of a qualified nonprofit organiza-
tion.’’.
(c) 
CERTIFICATION; 
VERIFICATION.—Section
3626(j)(3) is amended—
(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;
and
(2) by adding at the end the following:
666
‘‘(B) The Postal Service shall establish procedures to
carry out this paragraph, including procedures for mailer
certification of compliance with the conditions specified in
paragraph (1)(D) or subsection (m), as applicable, and
verification of such compliance.’’.
(d) APPLICABILITY.—The amendments made by this
section shall apply with respect to mail sent, and the rates
for mail sent, after September 30, 1993.
SEC. 10206. PROVISIONS RELATING TO RATES FOR BOOKS
AND CERTAIN OTHER MATERIALS.
(a) IN GENERAL.—Section 3683(b) is amended to
read as follows:
‘‘(b) The rates of postage under former section
4554(b)(1) of this title shall not be effective except with
respect to mailings which—
‘‘(1) constitute materials specified in former
section 4554(b)(2) of this title; and
‘‘(2) are sent between—
‘‘(A) an institution, organization, or asso-
ciation listed in subparagraph (A) or (B) of
such former section 4554(b)(1) and any other
such institution, organization, or association;
‘‘(B) an institution, organization, or asso-
ciation referred to in subparagraph (A) and any
individual (other than an individual having a fi-
667
nancial interest in the sale, promotion, or dis-
tribution of the materials involved); or
‘‘(C) an institution, organization, or asso-
ciation referred to in subparagraph (A) and a
qualified nonprofit organization (as defined in
former section 4452(d) of this title) that is not
such an institution, organization, or associa-
tion.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to mail sent after Sep-
tember 30, 1993.
SEC. 10207. SENSE OF CONGRESS.
It is the sense of the Congress that any legislation,
enacted after September 30, 1994, which would have the
effect of expanding the classes of mail or kinds of mailers
eligible for reduced rates of postage should provide for suf-
ficient funding to ensure that neither any losses to the
United States Postal Service nor any increase in the rates
of postage for any of the other classes of mail or kinds
of mailers will result.
SEC. 10208. TECHNICAL CORRECTIONS.
(a) SECTION 410.—Section 410(b) is amended—
(1) in paragraph (8) by striking ‘‘and’’ after
the semicolon;
668
(2) in the first paragraph (9) by striking
‘‘Chapter’’ and inserting ‘‘chapter’’, and by striking
the period and inserting ‘‘; and’’; and
(3) by designating the second paragraph (9) as
paragraph (10).
(b) SECTION 3202.—Section 3202(a) is amended—
(1) in paragraph (3) by adding ‘‘and’’ after the
semicolon; and
(2) in paragraph (4) by striking ‘‘; and’’ and
inserting a period.
(c) SECTION 3210.—The provisions of section 318(3)
of Public Law 101–163 (103 Stat. 1068), which amended
section 3210 of title 39, United States Code, shall be
treated as if, as enacted, the reference in such provisions
to ‘‘subparagraph (c)’’ had instead read ‘‘subparagraph
(C)’’.
(d) SECTION 3601.—Section 3601(a) is amended by
striking ‘‘concent’’ and inserting ‘‘consent’’.
(e) SECTION 3625.—Section 3625(d) is amended by
striking ‘‘section 3268’’ and inserting ‘‘section 3628’’.
(f) SECTION 3626.—Section 3626 is amended by re-
designating the second subsection (k) as subsection (l).
669
TITLE XI—COMMITTEE ON PUB-
LIC WORKS AND TRANSPOR-
TATION
SEC. 11001. AVIATION FEES FOR SERVICES.
(a) IN GENERAL.—Section 313(f) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1354(f)) is amended
to read as follows:
‘‘(f) FEES FOR SERVICES.—
‘‘(1) IMPOSITION AND COLLECTION.—The fol-
lowing fees are imposed and shall be collected for
services rendered:
‘‘(A) AIRCRAFT REGISTRATION FEES.—
‘‘(i) GENERAL
RULE.—For registra-
tion of an aircraft, the fee to be collected
from the owner of the aircraft in each fis-
cal year beginning after September 30,
1993, shall be determined under the fol-
lowing table:
If the maximum certificated
gross weight of
Amount of
the aircraft is:
fee is:
Not over 3,500 pounds ............................................................
$40.00
Over 3,500 lbs. but not over 6,500 lbs. ...................................
$175.00
Over 6,500 lbs. but not over 10,000 lbs. .................................
$500.00
Over 10,000 lbs. but not over 100,000 lbs. .............................
$1,000.00
Over 100,000 lbs. .....................................................................
$2,000.00.
If the ownership of the aircraft is also trans-
ferred in such fiscal year, the fee to be collected
670
for registration of the aircraft in such fiscal
year under this subparagraph, as determined
from the table, shall be increased by such
amount as the Administrator shall determine so
that the average amount of the increase for all
aircraft collected under this sentence in such
fiscal year will be approximately $200.00.
‘‘(ii) EXEMPTIONS.—No fee shall be col-
lected under this subparagraph for registration
of an aircraft in a fiscal year if the aircraft—
‘‘(I) is owned or operated by an air
carrier exclusively to provide air transpor-
tation;
‘‘(II) is owned by, or operated exclu-
sively by or for, the United States Govern-
ment;
‘‘(III) is registered under a dealer’s
aircraft 
registration 
certificate 
issued
under section 505 of this Act;
‘‘(IV) is not originally certificated
with an engine driven electrical system or
has not subsequently been certified by the
Administrator with such a system in-
stalled; or
‘‘(V) is a balloon or glider.
671
‘‘(B) DESIGNATION AS AVIATION MEDICAL
EXAMINERS.—For designation of a person as
an aviation medical examiner, the fee to be col-
lected from such person in each fiscal year be-
ginning after September 30, 1993, shall be
$500.
‘‘(C) ISSUANCE OF CERTIFICATES TO PI-
LOTS.—After September 30, 1993, the fee to be
collected for issuance or renewal of an airman’s
certificate to a pilot shall be $12. The fee shall
be collected from each pilot at least once every
3 fiscal years.
‘‘(2) CONTINUATION OF FEE FOR PROCESSING
OF FORMS FOR MAJOR FUEL TANK ALTERATIONS.—
‘‘(A) 
ESTABLISHMENT
AND
COLLEC-
TION.—The Administrator may establish such
fees as may be necessary to cover the costs as-
sociated with processing of forms for major re-
pairs and alterations of fuel tanks and fuel
systems of aircraft.
‘‘(B) MAXIMUM AMOUNT.—The amount of
any fee under this subsection with respect to
processing of a form for a major repair or alter-
nation of a fuel tank or fuel system of an air-
craft may not exceed $7.50. Such maximum
768
(1), the Secretary shall consult with appropriate par-
ties, such as—
‘‘(A) State agencies administering pro-
grams under this part and part E;
‘‘(B) persons administering child and fam-
ily services programs (including family preser-
vation and family support programs) for pri-
vate, nonprofit organizations with an interest in
child welfare; and
‘‘(C) other persons with recognized exper-
tise in the evaluation of child and family serv-
ices programs (including family preservation
and family support programs) or other related
programs.
‘‘(b) REPORT TO THE CONGRESS.—Not later than
December 31, 1997, the Secretary shall submit to the
Congress a report containing findings with respect to the
evaluations required by subsection (a).
‘‘(c) COORDINATION
OF EVALUATIONS.—The Sec-
retary shall develop procedures to coordinate evaluations
under this section, to the extent feasible, with evaluations
by the States of the effectiveness of programs under this
subpart.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 422 (42 U.S.C. 622) is amended—