sonnel ceiling applicable to temporary employees of the
Federal Government.
SEC. 6005. HUD STREAMLINING.
The Secretary of Housing and Urban Development
shall carry out the recommendation of the Report of the
National Performance Review, issued on September 7,
1993, that the Department streamline its headquarters,
regional, and field office structure and consolidate and re-
duce its size, without regard to the requirements of section
7(p) of the Department of Housing and Urban Develop-
ment Act.
TITLE VII—DEPARTMENT OF
THE INTERIOR
SEC. 7001. IMPROVEMENT OF MINERALS MANAGEMENT
SERVICE ROYALTY COLLECTION.
(a) The Secretary of the Interior shall, by fiscal year
1995, direct the Minerals Management Service, Royalty
Management Program, to develop and implement (1) an
automated business information system to provide to its
auditors a lease history that includes reference, royalty,
production, financial, compliance history, pricing and valu-
ation, and other information; (2) the optimum methods
to identify and resolve anomalies and to verify that royal-
ties are paid correctly; (3) a more efficient and cost-effec-
tive royalty collection process by instituting new compli-
ance and enforcement measures, including assessments
and penalties for erroneous reporting and underreporting;
(4) pilot projects under which a State may assume mineral
receipt collections on Federal lands within the State and
where the State assumes 50 percent of the cost of such
pilot project; and (5) such other actions as may be nec-
essary to reduce royalty underpayment and increase reve-
nue to the U.S. Treasury by an estimated total of $28
million by fiscal year 1999.
(b) The Federal Oil and Gas Royalty Management
Act of 1982 (Public Law No. 97–451), 30 U.S.C. 1701
et seq.) is amended by adding a new subsection 111(h)
as follows:
‘‘PENALTY ASSESSMENT FOR SUBSTANTIAL
UNDERREPORTING OF ROYALTY’’
‘‘SEC. 111. (h)(1) If there is any underreporting of
royalty owed on production from any lease issued or ad-
ministered by the Secretary for the production of oil, gas,
coal, any other mineral, or geothermal steam, from any
Federal or Indian lands or the Outer Continental Shelf,
for any production month, by any person who is respon-
sible for paying royalty, the Secretary may assess a pen-
alty of 10 percent of the amount of that underreporting.
‘‘(2) If there is a substantial underreporting of roy-
alty owed on production from any lease issued or adminis-
tered by the Secretary for the production of oil, gas, coal,
any other mineral, or geothermal steam, from any Federal
or Indian lands or the Outer Continental Shelf, for any
production month, by any person who is responsible for
paying royalty, the Secretary may assess a penalty of 20
percent of the amount of that substantial underreporting.
‘‘(3) For purposes of this section, the term
‘underreporting’ means the difference between the royalty
on the value of the production which should have been re-
ported and the royalty on the value of the production
which was reported, if the value of the production which
should have been reported is greater than the value of the
production which was reported. An underreporting con-
stitutes a ‘substantial underreporting’ if such difference
exceeds 10 percent of the royalty on the value of the pro-
duction which should have been reported.
‘‘(4) The Secretary shall not impose the assessment
provided in paragraphs (1) or (2) if the person corrects
the underreporting before the date the person receives no-
tice from the Secretary that an underreporting may have
occurred, or before 90 days after the date of enactment
of this section, whichever is later.
‘‘(5) The Secretary shall waive any portion of an as-
sessment provided in paragraphs (1) or (2) attributable
to that portion of the underreporting for which the person
demonstrates that—
‘‘(i) the person had written authorization from
the Secretary to report royalty on the value of the
production on the basis on which it was reported, or
‘‘(ii) the person had substantial authority for
reporting royalty on the value of the production on
the basis on which it was reported, or
‘‘(iii) the person previously had notified the
Secretary, in such manner as the Secretary may by
rule prescribe, of relevant reasons or facts affecting
the royalty treatment of specific production which
led to the underreporting, or
‘‘(iv) the person meets any other exception
which the Secretary may, by rule, establish.
‘‘(6) All penalties collected under this subsection shall
be deposited to the same accounts in the Treasury or paid
to the same recipients in the same manner as the royalty
with respect to which such penalty is paid.’’.
SEC. 7002. PHASE OUT OF MINERAL INSTITUTE PROGRAM.
The Secretary of the Interior, beginning in fiscal year
1995, shall take action to phase out the Mining and Min-
eral Resources Research Institute Act of 1984, Public Law
98–409, as amended (98 Stat. 1536 through 1541 and
102 Stat. 2339 through 2341, 30 U.S.C. 1221 through
1230). There are hereby authorized to be appropriated
under the Act the following amounts: fiscal year 1995—
$6.5 million; fiscal year 1996—$5 million; fiscal year
1997—$3 million; and fiscal year 1998—$1.5 million. No
further appropriations for this Act are authorized after
September 30, 1998.
SEC. 7003. REORGANIZATION STUDY OF BUREAU OF INDIAN
AFFAIRS.
(a) GENERAL AUTHORITY.—The Secretary of the In-
terior, with the active participation of Indian tribes, shall
conduct a study of the reorganization of the Bureau of
Indian Affairs.
(b) CONTENT.—The study conducted under sub-
section (a) shall include (but shall not be limited to)—
(1) an examination of the current structure of
the Bureau of Indian Affairs and recommendations
for structural changes to improve the implementa-
tion of Federal trust responsibilities toward Indian
tribes;
(2) an examination of the current roles of the
Central, Area, and Agency offices of the Bureau of
Indian Affairs and recommendations to improve effi-
ciency of the Bureau through reorganization;
(3) an examination of the efficiency of the Bu-
reau of Indian Affairs in comparison with other Bu-
reaus of the Department of the Interior;
(4) an examination of the barriers to the imple-
mentation of the 1988 amendments to the Indian
Self-Determination and Education Assistance Act
throughout the Department of the Interior and a
proposed plan for effective implementation; and
(5) recommendations for the transfer of person-
nel and resources from the Central, Area, and Agen-
cy offices of the Bureau of Indian Affairs to Indian
tribes.
(c) REPORT.—The Secretary shall complete the study
conducted pursuant to this section and shall submit such
study, together with recommendations and draft legisla-
tion to implement such recommendations, to the Congress
within one year after the date of enactment of this Act.
SEC. 7004. TERMINATION OF ANNUAL DIRECT GRANT AS-
SISTANCE
(a) TERMINATION.—Pursuant to section 704(d) of
the Covenant to Establish a Commonwealth of the North-
ern Mariana Islands in Political Union with the United
States of America (48 U.S.C. 1681 note), the annual pay-
ments under section 702 of the Covenant shall terminate
as of September 30, 1993.
(b) REPEAL.—Sections 3 and 4 of the Act of March
24, 1976 (Public Law 94–241; 48 U.S.C. 1681 note), as
amended, are repealed, effective October 1, 1993.
‘‘(b) In no event shall the percentage adjustment tak-
ing effect under the second and third sentences of sub-
section (a) in any calendar year (before rounding) exceed
the percentage adjustment taking effect in such calendar
year under section 5303 of title 5 in the rates of pay under
the General Schedule.’’;
(3) section 5318 of title 5, United States Code,
is amended—
(A) in the first sentence by striking ‘‘Ef-
fective’’ and inserting ‘‘(a) Subject to sub-
section (b), effective’’; and
(B) by adding at the end the following:
‘‘(b) In no event shall the percentage adjustment tak-
ing effect under subsection (a) in any calendar year (be-
fore rounding), in any rate of pay, exceed the percentage
adjustment taking effect in such calendar year under sec-
tion 5303 in the rates of pay under the General Sched-
ule.’’; and
(4) section 461(a) of title 28, United States
Code, is amended—
(A) by striking ‘‘(a) Effective’’ and insert-
ing ‘‘(a)(1) Subject to paragraph (2), effective’’;
and
(B) by adding at the end the following:
‘‘(2) In no event shall the percentage adjustment tak-
ing effect under paragraph (1) in any calendar year (be-
fore rounding), in any salary rate, exceed the percentage
adjustment taking effect in such calendar year under sec-
tion 5303 of title 5 in the rates of pay under the General
Schedule.’’.
SEC. 8002. REDUCTION OF FEDERAL FULL-TIME EQUIVA-
LENT POSITIONS.
(a) DEFINITION.—For purposes of this section, the
term ‘‘agency’’ means an Executive agency as defined
under section 105 of title 5, United States Code, but does
not include the General Accounting Office.
(b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI-
TIONS.—The President, through the Office of Manage-
ment and Budget (in consultation with the Office of Per-
sonnel Management), shall ensure that the total number
of full-time equivalent positions in all agencies shall not
exceed—
(1) 2,053,600 during fiscal year 1994;
(2) 1,999,600 during fiscal year 1995;
(3) 1,945,600 during fiscal year 1996;
(4) 1,895,600 during fiscal year 1997; and
(5) 1,851,600 during fiscal year 1998.
(c) MONITORING AND NOTIFICATION.—The Office of
Management and Budget, after consultation with the Of-
fice of Personnel Management, shall—
(1) continuously monitor all agencies and make
a determination on the first date of each quarter of
each applicable fiscal year of whether the require-
ments under subsection (b) are met; and
(2) notify the President and the Congress on
the first date of each quarter of each applicable fis-
cal year of any determination that any requirement
of subsection (b) is not met.
(d) COMPLIANCE.—If at any time during a fiscal
year, the Office of Management and Budget notifies the
President and the Congress that any requirement under
subsection (b) is not met, no agency may hire any em-
ployee for any position in such agency until the Office of
Management and Budget notifies the President and the
Congress that the total number of full-time equivalent po-
sitions for all agencies equals or is less than the applicable
number required under subsection (b).
(e) WAIVER.—
(1) EMERGENCIES.—Any provision of this sec-
tion may be waived upon a determination by the
President that—
(A) the existence of a state of war or other
national security concern so requires; or
(B) the existence of an extraordinary
emergency threatening life, health, safety, prop-
erty, or the environment so requires.
(2) AGENCY
EFFICIENCY
OR
CRITICAL
MIS-
SION.—
(A) Subsection (d) may be waived, in the
case of a particular position or category of posi-
tions in an agency, upon a determination of the
President that the efficiency of the agency or
the performance of a critical agency mission so
requires.
(B) Whenever the President grants a waiv-
er pursuant to subparagraph (A), the President
shall take all necessary actions to ensure that
the overall limitations set forth in subsection
(b) are not exceeded.
TITLE IX—DEPARTMENT OF
LABOR
SEC. 9001. DETERRENCE OF FRAUD AND ABUSE IN FECA
PROGRAM.
(a) Section 8102 of title 5, United States Code, is
amended to redesignate subsection (b) as subsection (c),
and to add the following new subsection (b):
‘‘(b) An individual convicted of a violation of 18
U.S.C. 1920, as amended, or of any other fraud related
to the application for or receipt of benefits under sub-
chapter I or III of chapter 81 of title 5, shall forfeit, as
of the date of the conviction, all entitlement to any pro-
spective benefits provided by subchapter I or III for any
injury occurring on or before the date of the conviction.
Such a forfeiture of benefits shall be in addition to any
action the Secretary may take under section 8106 or 8129
of title 5, United States Code.’’.
(b) Section 8116 of title 5, United States Code, is
amended by adding the following new subsection (e):
‘‘(e) Notwithstanding any other provision of this title,
no benefits under sections 8105 or 8106 of this subchapter
shall be paid or provided to any individual during any pe-
riod during which such individual is confined in a jail,
prison, or other penal institution or correctional facility,
pursuant to that individual’s conviction of an offense that
constituted a felony under applicable law, except where
such individual has one or more dependents within the
meaning of section 8110 of this subchapter, in which case
the Secretary may, during the period of incarceration, pay
to such dependents a percentage of the benefits that would
have been payable to such individual computed according