(A) has as an element the use, attempted
use, or threatened use of physical force against
the person of another; or
(B) is burglary, arson, or extortion, in-
volves the use of explosives, or otherwise in-
volves conduct that presents a serious potential
risk of physical injury to another.
(4) The term ‘‘felony parole violator’’ means an
individual who violates parole.
SEC. 119. AUTHORIZATION OF APPROPRIATIONS.
There 
are 
authorized 
to 
be 
appropriated
$10,000,000,000 for each of the fiscal years 1994 through
1998 to carry out the projects under this title.
TITLE II—ENDING THE DOUBLE
VICTIMIZATION OF SOCIETY
SEC. 201. PURPOSE.
The purpose of this title is to address the ‘‘double
victimization’’ of society by restricting taxpayer funds that
support individuals who make a career of committing
criminal offenses against society and requiring all able-
bodied prisoners to repay society for the expense of incar-
ceration through prison work programs.
Subtitle A—Denial of Federal
Benefits
SEC. 211. DENIAL OF FEDERAL BENEFITS TO THIRD-TIME
FELONS.
Any individual who is convicted of 3 Federal or State
felony offenses shall be ineligible for any Federal benefits.
SEC. 212. CLEARINGHOUSE AND PUBLICATION.
(a) STATE AND FEDERAL COURTS.—State and Fed-
eral courts shall send information, as determined nec-
essary by the Director of the Office of Justice Assistance,
regarding the conviction of third-time felons to the Office
of Justice Assistance in a timely manner.
(b) JUSTICE ASSISTANCE.—The Office of Justice As-
sistance shall maintain a computer listing of individuals
convicted of a third Federal or State felony offense and
update such list in a timely manner.
(c) GENERAL SERVICES ADMINISTRATION.—The Of-
fice of Justice Assistance shall transfer the names of such
individuals to the General Services Administration for in-
clusion in the publication ‘‘Lists of Parties Excluded from
Federal Procurement or Nonprocurement Programs’’.
(d) GOVERNMENT AGENCIES.—Representatives of a
Government agency that is responsible for the distribution
of a Federal benefit shall consult such publication before
granting such benefit.
SEC. 213. DEFINITIONS.
For purposes of this title, the term ‘‘Federal bene-
fit’’—
(1) means the issuance of any grant, contract,
loan, professional license, commercial license, wel-
fare, or public housing provided by an agency of the
United States or by appropriated funds of the
United States; and
(2) does not include a benefit for which pay-
ment or services are required for eligibility.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
subtitle.
SEC. 215. EFFECTIVE DATE.
The denial of Federal benefits set forth in this sub-
title shall take effect for convictions occurring after the
date of the enactment of this Act.
Subtitle B—Prison Work Programs
SEC. 221. FORMULA GRANT REDUCTION.
Section 506 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding at
the end the following:
‘‘(g) In order not to reduce the funds available under
this subpart by 25 percent (for redistribution to other par-
ticipating States), a State shall, on the first day of each
fiscal year succeeding fiscal year 1993 implement or con-
tinue a prison work fare program that requires an inmate,
who is physically able (as determined by the State Director
of Corrections), to work a portion of each day.’’.
TITLE III—REPEAL OF SUPER-
VISED RELEASE PROGRAM
SEC. 301. ELIMINATION OF SUPERVISED RELEASE.
Section 3583 of title 18, United States Code, is
repealed.
TITLE IV—DRUG
PARAPHERNALIA TAX
SEC. 401. TAX ON SMOKING PARAPHERNALIA; DRUG USE
PREVENTION TRUST FUND.
(a) TAX ON SMOKING PARAPHERNALIA.—
(1) IN GENERAL.—Section 5701 of the Internal
Revenue Code of 1986 (relating to rate of tax on ci-
gars, cigarettes, smokeless tobacco, pipe tobacco,
and cigarette papers and tubes) is amended by re-
designating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new sub-
section:
‘‘(g) CERTAIN SMOKING PARAPHERNALIA.—On tax-
able smoking paraphernalia manufactured in or imported
into the United States, there shall be imposed a tax equal
to 100 percent of the price for which sold.’’.
(2) DETERMINATION
OF
PRICE.—Subsection
(m) of section 5702 of such Code is amended—
(A) by striking ‘‘ON CIGARS’’ in the head-
ing, and
(B) by striking ‘‘section 5701(a)(2)’’ and
inserting ‘‘subsections (a)(2) and (g) of section
5701’’.
(3) TAXABLE SMOKING PARAPHERNALIA.—Sec-
tion 5702 of such Code is amended by adding at the
end thereof the following new subsection:
‘‘(o) TAXABLE
SMOKING
PARAPHERNALIA.—The
term ‘taxable smoking paraphernalia’ means metal, plas-
tic, or glass smoking pipes; water pipes; smoking and
carburetion masks; chamber pipes; carburetor pipes; elec-
tric pipes; air-driven pipes; chillums; bongs; ice pipes or
chillers, and any other item that the Secretary determines
is primarily used for smoking any substance other than
tobacco.’’.
(b) INCREASE IN TAX ON CIGARETTE PAPERS.—Sub-
section (c) of section 5701 of such Code is amended by
striking ‘‘0.75 cent (0.625 cent on cigarette papers re-
moved during 1991 or 1992)’’ and inserting ‘‘2 cents’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply to articles removed
after the date of the enactment of this Act.
TITLE V—FINANCING
Subtitle A—National Security
SEC. 501. SENSE OF CONGRESS ON INCREASED BURDEN
SHARING BY ALLIES OF THE UNITED STATES.
(a) DEFENSE COST-SHARING AGREEMENTS.—It is
the sense of Congress that the President should enter into
negotiations with each foreign nation referred to in sub-
section (b)(1) that is not excluded by subsection (b)(2)
to seek to conclude an agreement that provides for such
nation to pay at least 50 percent of the overseas basing
costs that are incurred for the stationing of members of
the Armed Forces of the United States and related civilian
employees of the Department of Defense in that nation
as a result of the implementation of a bilateral or multilat-
eral defense agreement with that nation.
(b) COVERED FOREIGN NATIONS.—(1) Except as
provided in paragraph (2), subsection (a) applies with re-
spect to the following foreign nations:
(A) Each member nation of the North Atlantic
Treaty Organization (other than the United States).
(B) Every other foreign nation with which the
United States has a bilateral or multilateral defense
agreement that provides for the assignment of com-
bat units of the Armed Forces of the United States
to permanent duty ashore in that nation.
(2) Subsection (a) does not apply with respect to any
foreign nation—
(A) that receives assistance or financing
under—
(i) section 23 of the Arms Export Control
Act (22 U.S.C. 2763), relating to the foreign
military financing program; or
(ii) the provisions of chapter 4 of part II
of the Foreign Assistance Act of 1961 (22
U.S.C. 2346 et seq.);
(B) in which not more than 1,000 members of
the Armed Forces of the United States and related
civilian employees of the Department of Defense are
assigned to permanent duty ashore as a result of the
implementation of a bilateral or multilateral defense
agreement; or
(C) that has agreed to assume, not later than
January 1, 1995, at least 50 percent of the overseas
basing costs of the United States in that nation.
(c) USE OF FUNDS FOR PAYING OVERSEAS BASING
COSTS.—(1) It is the sense of Congress that funds should
not be expended to pay more than the allowable percent
of the overseas basing costs that are incurred during a
fiscal year referred to in paragraph (2) for the stationing
of members of the Armed Forces of the United States and
related civilian employees of the Department of Defense
in a nation referred to in subsection (a) as a result of
the implementation of a bilateral or multilateral defense
agreement with that nation.
(2) For purposes of paragraph (1), the allowable per-
cent for a fiscal year is as follows:
(A) For fiscal year 1995, 84 percent.
(B) For fiscal year 1996, 75 percent.
(C) For fiscal year 1997, 60 percent.
(D) For each fiscal year that begins after Sep-
tember 30, 1997, 50 percent.
(d) OVERSEAS BASING COSTS DEFINED.—In this
section, the term ‘‘overseas basing costs’’ means all costs
related to the operation of installations in foreign coun-
tries at which forces of the Armed Forces of the United
States are based, as determined by the Secretary of De-
fense using the methodology used in preparing the ‘‘Fiscal
Year 1994 Budget Estimate, Department of Defense’’,
dated April 1993, and the ‘‘Report on Allied Contributions
to the Common Defense’’, dated May 1993. The term—
(1) includes, among other costs—
(A) pay for foreign nationals;
(B) costs of utilities;
(C) costs of local services;
(D) costs of military construction projects;
(E) costs of real property maintenance;
(F) costs of environmental restoration;
(G) leasing costs;
(H) taxes;
(I) user fees;
(J) tolls; and
(K) import duties;
(2) does not include—
(A) the rent value of land or facilities pro-
vided to the United States by foreign nations
covered by this section in excess of amounts ac-
tually paid by such nations to private owners of
such land or facilities; and
(B) revenue foregone by foreign nations
covered by this section in providing rent-free
land or facilities to the United States; and
(3) does not include the pay and allowances of
members of the Armed Forces of the United States
and civilian employees of the Department of De-
fense.
SEC. 502. STREAMLINING AND REORGANIZATION OF CORPS
OF ENGINEERS.
The Secretary of the Army shall reorganize the
United States Army Corps of Engineers by reorganizing
the headquarters offices, reducing the number of division
offices from 11 to not more than 6, and restructuring the
district functions so as to increase the efficiency of the
United States Army Corps of Engineers and reduce staff
and costs, to achieve at least $50,000,000 in net annual
savings by fiscal year 1998.
SEC. 503. RESCISSION OF CERTAIN DEFENSE ADD-ONS.
(a) MILITARY CONSTRUCTION.—Of the funds made
available under the heading ‘‘Military Construction, Army
Reserve’’ in the Military Construction Appropriations Act,
1994 (Pub. L. 103–110), $15,000,000 is rescinded, to be
derived from the Georgia-Fort McPherson Command
Headquarters, Phase I, project.
(b) DEFENSE PROCUREMENT.—Of the funds made
available in the Department of Defense Appropriations
Act, 1994 (Pub. L. 103–139), the following amounts are
rescinded from the following accounts and programs:
(1) ‘‘Other Procurement, Army’’, $15,000,000,
to be derived from common hardware and software.
(2) ‘‘Other Procurement, Navy’’, $30,000,000,
to be derived from spare and repair parts.
(3) ‘‘Other Procurement, Navy’’, $12,000,000,
to be derived from weapons range support equip-
ment.
(4) ‘‘Other Procurement, Army’’, $10,000,000,
to be derived from tactical trailers/dolly sets.
(5) ‘‘Shipbuilding and Conversion, Navy’’,
$50,000,000, to be derived from advance procure-
ment of LHD–7.
SEC. 504. RESCISSION OF FUNDS FOR MK–19 GRENADE
LAUNCHER PROGRAM.
Of the funds made available under the heading ‘‘Pro-
curement of Weapons and Tracked Combat Vehicles,
Army’’ in the Department of Defense Appropriations Act,
1994 (Pub. L. 103–139), $15,000,000 is rescinded, to be
derived from the MK–19 automatic grenade launcher pro-
gram.
SEC. 505. TERMINATION OF C–26 AIRCRAFT PROGRAM.
The Secretary of Defense shall cancel the C–26 air-
craft program. Funds appropriated for the Department of
Defense may not be obligated after the date of the enact-
ment of this Act for procurement of new aircraft under
that program other than for contract termination or can-
cellation costs.
SEC. 506. TERMINATION OF MOBILE IN-SHORE UNDERSEA
WARFARE VANS PROGRAM.
The Secretary of Defense shall cancel the Mobile In-
Shore Undersea Warfare Vans program. Funds appro-
priated for the Department of Defense may not be obli-
gated after the date of the enactment of this Act for pro-
curement under that program other than for contract ter-
mination or cancellation costs.
SEC. 507. RESCISSION OF CERTAIN DEFENSE OPERATION
AND MAINTENANCE FUNDS.
Of the funds made available in the Department of
Defense Appropriations Act, 1994 (Pub. L. 103–139), the
following amounts are rescinded from the following ac-
counts:
(1) ‘‘Operation and Maintenance, Army’’,
$88,020,000 to be derived from general reduction
DBOF, and $15,180,000 to be derived from inven-
tories.
(2) 
‘‘Operation 
and 
Maintenance, 
Navy’’,
$109,270,000 to be derived from general reduction
DBOF, and $27,555,000 to be derived from inven-
tories.
(3) ‘‘Operation and Maintenance, Air Force’’,
$94,140,000 to be derived from general reduction
DBOF, and $12,265,000 to be derived from inven-
tories.
SEC. 508. REDUCTION IN PUBLIC LAW 480 FOOD FOR PEACE
PROGRAM.
(a) IN GENERAL.—Section 103 of title I of the Agri-
cultural Trade Development and Assistance Act of 1954
is amended by adding at the end the following:
‘‘(f) MODIFICATION
OF TERMS
AND CONDITIONS
DURING CERTAIN YEARS.—The Secretary shall set the
terms and conditions of agreements entered into under
this title after the date of the enactment of this subsection
so that—
‘‘(1) the length of the loan does not exceed 20
years;
‘‘(2) the length of the grace period does not ex-
ceed 5 years;
‘‘(3) the interest rate during the grace period is
not less than 3 percent; and
‘‘(4) the interest rate during the payback period
is not less than 5 percent.’’.
(b) RESCISSION
OF FUNDS.—Of the funds made
available under the heading ‘‘Public Law 480 Program
Account’’ in the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appro-
priations Act, 1994 (Pub. L. 103–111)—
(1) $69,378,000 is rescinded from the amounts
provided for programs under title I of the Agricul-
tural Trade Development and Assistance Act of
1954 and the Food for Progress Act of 1985; and
(2) $56,017,000 is rescinded from the amount
provided for commodities supplied in connection with
dispositions abroad pursuant to title III of the Agri-
priations Act, 1994 (Pub. L. 103–87), $67,189,143 is re-
scinded.
SEC. 511. RESCISSION OF FUNDS FOR FOREIGN MILITARY
FINANCING.
Of the funds made available under the heading ‘‘For-
eign Military Financing Program’’ in the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1994 (Pub. L. 103–87), $25,721,000 is re-
scinded, to be derived from grants.
SEC. 512. RESCISSION OF FUNDS FOR AGENCY FOR INTER-
NATIONAL DEVELOPMENT, DEPARTMENT OF
STATE, AND UNITED STATES INFORMATION
AGENCY.
(a) AID.—Of the funds made available under the
heading ‘‘Agency for International Development—Devel-
opment Assistance Fund’’ in appropriations Acts for fiscal
year 1994 and prior fiscal years to carry out the provisions
of sections 103 through 106 of the Foreign Assistance Act
of 1961, $160,000,000 is rescinded.
(b) DEPARTMENT OF STATE.—Of the funds made
available under the heading ‘‘Department of State—Ad-
ministration of Foreign Affairs—Diplomatic and Consular
Programs’’ in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103–121), $600,000 is rescinded.
(c) USIA.—
(1) SALARIES AND EXPENSES.—Of the funds
made available under the heading ‘‘United States In-
formation Agency—Salaries and Expenses’’ in the
Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act,
1994 (Pub. L. 103–121), $3,000,000 is rescinded.
(2) NORTH/SOUTH
CENTER.—Of the funds
made available under the heading ‘‘United States In-
formation Agency—North/South Center’’ in the De-
partments of Commerce, Justice, and State, the Ju-
diciary, and Related Agencies Appropriations Act,
1994 (Pub. L. 103–121), $8,700,000 is rescinded.
Subtitle B—Physical Capital,
Natural Resources, and Science
SEC. 521. TERMINATION OF SPACELIFTER PROGRAM.
(a) IN GENERAL.—The United States shall not obli-
gate any funds for the acquisition or operation of any
space launch system not in operation as of the date of
enactment of this Act.
(b) RESCISSION
OF FUNDS.—Of the funds made
available under the heading ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’ in the Department of De-
fense Appropriations Act, 1994 (Pub. L. 103–139),
$10,000,000 is rescinded, to be derived from the new me-
dium lift vehicle (Spacelifter) program.
SEC. 522. DEPARTMENT OF SCIENCE, SPACE, ENERGY AND
TECHNOLOGY.
(a) SHORT TITLE.—This section may be cited as the
‘‘Department of Science, Space, Energy, and Technology
Organization Act of 1993’’.
(b) GENERAL PROVISIONS.—
(1) FINDINGS.—The Congress finds that—
(A) the advancement of science and tech-
nology is a vital national goal which is essential
for the continued economic well being of the
United States;
(B) the creation of new scientific informa-
tion and technological development are genera-
tors of new wealth and jobs;
(C) consolidation of the Federal agencies
which conduct and support science and tech-
nology activities will focus the resources of the
Federal Government and will lead to better co-
ordination of the overall effort of those agencies
to carry out the research and development ob-
jectives of the United States;
(D) the elimination of duplication of func-
tions within the scientific and technical agencies
of the Federal Government will lead to cost sav-
ings for the Government; and
(E) the creation of the Department of
Science, Space, Energy, and Technology will in-
crease the dissemination of technology through
the improved coordination of technology trans-
fer from the Federal Government to the private
sector.
(2) DEFINITIONS.—As used in this section, un-
less otherwise provided or indicated by the context—
(A) the term ‘‘Department’’ means the De-
partment of Science, Space, Energy, and Tech-
nology;
(B) the term ‘‘Secretary’’ means the Sec-
retary of Science, Space, Energy, and Tech-
nology;
(C) the term ‘‘Deputy Secretary’’ means
the Deputy Secretary of Science, Space, En-
ergy, and Technology;
(D) the term ‘‘function’’ includes any duty,
obligation, 
power, 
authority, 
responsibility,
right, privilege, activity, or program; and
(E) the term ‘‘office’’ includes any office,
institute, council, unit, or organizational entity,
or any component thereof.
(c) ESTABLISHMENT OF THE DEPARTMENT.—
(1) ESTABLISHMENT.—There is authorized an
executive department to be known as the Depart-
ment of Science, Space, Energy, and Technology.
The Department shall be administered, in accord-
ance with the provisions of this section, under the
supervision and direction of a Secretary of Science,
Space, Energy, and Technology. The Secretary shall
be appointed by the President, by and with the ad-
vice and consent of the Senate. The Secretary shall
receive basic pay at the rate payable for level I of
the Executive Schedule under section 5312 of title
5, United States Code.
(2) PRINCIPAL OFFICERS.—
(A) DEPUTY SECRETARY.—(i) There shall
be in the Department a Deputy Secretary of
Science, Space, Energy, and Technology who
shall be appointed by the President, by and
with the advice and consent of the Senate. Dur-
ing the absence or disability of the Secretary, or
in the event of a vacancy in the office of the
Secretary, the Deputy Secretary shall act as
Secretary. The Secretary shall designate the
order in which other officials of the Department
shall act for and perform the functions of the
Secretary during the absence or disability of
both the Secretary and Deputy Secretary or in
the event of vacancies in both of those offices.
The Deputy Secretary shall receive basic pay at
the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United
States Code.
(ii) The Deputy Secretary shall perform
such other duties and exercise such powers as
the Secretary may from time to time prescribe.
(B) UNDER SECRETARIES.—(i) There shall
be in the Department—
(I) an Under Secretary of Research
who shall, on the transfer of functions and
offices under subsection (d), serve as the
Director of the National Science Founda-
tion;
(II) an Under Secretary of Tech-
nology who shall, on the transfer of func-
tions and offices under subsection (d),
serve as the Administrator of the National
Institute of Standards and Technology, the
National Technical Information Service,
the National Telecommunications and In-
formation Administration, and the Patent
and Trademark Office;
(III) an Under Secretary of Energy
who shall, on the transfer of functions and
offices under subsection (d), serve as the
Administrator of the National Energy Ad-
ministration;
(IV) an Under Secretary of Space who
shall, on the transfer of functions and of-
fices under subsection (d), serve as the Ad-
ministrator of the National Aeronautics
and Space Administration; and
(V) an Under Secretary of Oceanic
and Atmospheric Affairs who shall, on the
transfer of functions and offices under
subsection (d), serve as the Administrator
of the National Oceanic and Atmospheric
Administration.
(ii) Each of the Under Secretaries shall be
appointed by the President, by and with the ad-
vice and consent of the Senate. The Under Sec-
retaries shall receive basic pay at the rate pay-
able for level III of the Executive Schedule
under section 5314 of title 5, United States
Code.
(C) ASSISTANT
SECRETARIES.—(i) There
shall be as many as 20 Assistant Secretaries in
the Department. Among the Assistant Secretar-
ies shall be—
(I) an Assistant Secretary for Admin-
istration who shall serve as the Chief Fi-
nancial Officer of the Department;
(II) an Assistant Secretary for Policy
and Budget;
(III) an Assistant Secretary for Con-
gressional and Intergovernmental Affairs;
(IV) an Assistant Secretary for Tech-
nology Transfer and Commercial Pro-
grams; and
(V) an Assistant Secretary for Inter-
national Programs.
(ii) Each of the Assistant Secretaries shall
be appointed by the President, by and with the
advice and consent of the Senate. The Assistant
Secretaries shall receive basic pay at the rate
payable for level IV of the Executive Schedule
under section 5315 of title 5, United States
Code.
(D) GENERAL COUNSEL.—There shall be
in the Department a General Counsel who shall
administer the Office of General Counsel. The
General Counsel shall be appointed by the
President, by and with the advice and consent
of the Senate. The General Counsel shall re-
ceive basic pay at the rate payable for level IV
of the Executive Schedule under section 5315
of title 5, United States Code.
(E) INSPECTOR GENERAL.—There shall be
in the Department an Inspector General ap-
pointed in accordance with the Inspector Gen-
eral Act of 1978. The Inspector General shall
receive basic pay at the rate payable for level
IV of the Executive Schedule under section
5315 of title 5, United States Code.
(F) ADDITIONAL
OFFICERS.—In addition
to the officers specified in subparagraphs (A)
through (E) and the 24 members of the Board
of Directors of the National Science Founda-
tion, there shall be in the Department not more
than 10 additional officers who shall be ap-
pointed by the President, by and with the ad-
vice and consent of the Senate. The officers ap-
pointed under this subparagraph shall perform
such functions as the Secretary shall prescribe.
(G) 
SPECIFICATION
OF
FUNCTIONS.—
Whenever the President submits the name of an
individual to the Senate for confirmation as an
officer of the Department under this paragraph,
the President shall state the particular func-
tions of the Department such individual will ex-
ercise upon taking office, consistent with the re-
quirements of this section.
(H) LINE
OF
AUTHORITY; ADDITIONAL
FUNCTIONS.—Each officer of the Department
referred to in subparagraphs (A) through (F)
shall report directly to the Secretary and shall,
in addition to any functions vested in or re-
quired to be delegated to such officer, perform
such additional functions as the Secretary may
prescribe.
(d) TRANSFERS OF FUNCTIONS AND OFFICES.—
(1) TRANSFER
OF
THE
NATIONAL
AERO-
NAUTICS
AND
SPACE
ADMINISTRATION.—There is
transferred to the Department the National Aero-
nautics and Space Administration, along with all of
its functions and offices.
(2) TRANSFER OF THE NATIONAL INSTITUTE
OF STANDARDS AND TECHNOLOGY.—There is trans-
ferred to the Department the National Institute of
Standards and Technology, along with all of its
functions and offices.
(3) TRANSFER
OF
THE
NATIONAL
SCIENCE
FOUNDATION.—There is transferred to the Depart-
ment the National Science Foundation, along with
all of its functions and offices.
(4) TRANSFER OF THE NATIONAL OCEANIC AND
ATMOSPHERIC
ADMINISTRATION.—There is trans-
ferred to the Department the National Oceanic and
Atmospheric Administration, along with all of its
functions and offices.
(5) TRANSFER OF THE NATIONAL TECHNICAL
INFORMATION SERVICE.—There is transferred to the
Department the National Technical Information
Service, along with all of its functions and offices.
(6) TRANSFER OF THE PATENT AND TRADE-
MARK OFFICE.—There is transferred to the Depart-
ment the Patent and Trademark Office, along with
all of its functions and offices.
(7) TRANSFER OF THE DEPARTMENT OF EN-
ERGY.—There is transferred to the Department the
Department of Energy, which shall be renamed the
National Energy Administration, along with all of
its functions and offices, except for the following fa-
cilities, which shall be transferred to the Department
of Defense:
(A) The Feed Materials Production Center
at Fernald, Ohio.
(B) The Extrusion Plant at Ashtabula,
Ohio.
(C) The Savannah River Plant, including
the Savannah River Weapons Facility, at Aiken,
South Carolina.
(D) The Hanford Production Operations
at Richland, Washington.
(E) The Nevada Test Site.
(F) The Kansas City Plant at Kansas
City, Missouri.
(G) The Rocky Flats Plant located be-
tween Golden and Boulder, Colorado.
(H) The Pantex Plant located near Ama-
rillo, Texas.
(I) The Pinellas Plant at St. Petersburg,
Florida.
(J) The Mound Facility at Miamisburg,
Ohio.
(K) The Y–12 Plant at Oak Ridge, Ten-
nessee.
(8) TRANSFER
OF
THE
NATIONAL
TELE-
COMMUNICATIONS AND INFORMATION ADMINISTRA-
TION.—There is transferred to the Department the
National Telecommunications and Information Ad-
ministration, along with all of its functions and of-
fices.
(9) EFFECTIVE
DATE.—This subsection shall
take effect—
(A) 180 days after the first Secretary
takes office under subsection (c)(1); or
(B) on any date earlier than the date de-
scribed in subparagraph (A), but later than
September 30, 1994, that the President des-
ignates through publication in the Federal Reg-
ister.
(e) ADMINISTRATIVE PROVISIONS.—
(1) PERSONNEL PROVISIONS.—
(A) OFFICERS AND EMPLOYEES.—
(i) GENERAL AUTHORITY.—The Sec-
retary is authorized to appoint and fix the
compensation of such officers and employ-
ees as may be necessary to carry out the
functions of the Secretary and the Depart-
ment. Except as otherwise provided by law,
such officers and employees shall be ap-
pointed in accordance with the civil service
laws and their compensation fixed in ac-
cordance with title 5 of the United States
Code.
(ii) TEMPORARY
SUPER
GRADE
AND
TECHNICAL POSITIONS.—(I)(aa) At the re-
quest of the Secretary, the Director of the
Office of Personnel Management shall,
under section 5108 of title 5, United
States Code, provide for the establishment
in each of the grade levels GS–16, GS–17,
and GS–18 of a number of positions in the
Department equal to the number of posi-
tions in that grade level which were used
primarily for the performance of functions
and offices transferred under subsection
(d) and which were assigned and filled on
the day before such transfer.
(bb) Appointments to positions pro-
vided for under this subclause may be
made without regard to the provisions of
section 3324 of title 5, United States
Code, if the individual appointed in such
position is an individual who is transferred
in connection with the transfer of functions
and offices under subsection (d) and, on
the day before such transfer, holds a posi-
tion and has duties comparable to those of
the position to which appointed hereunder.
(II) At the request of the Secretary,
the Director of the Office of Personnel
Management shall, under section 3104 of
title 5, United States Code, provide for the
establishment in the Department of a
number of scientific and professional posi-
tions outside of the General Schedule equal
to the number of such positions which were
used primarily for the performance of
functions and offices transferred under
subsection (d) and which were assigned
and filled on the day before such transfer.
(III) The authority under this clause
with respect to any position shall terminate
when the person first appointed to fill such
position ceases to hold such position.
(IV) 
For 
purposes 
of 
section
414(a)(3)(A) of the Civil Service Reform
Act of 1978, an individual appointed under
this clause shall be deemed to occupy the
same position as the individual occupied on
the day before the transfer of functions
and offices under subsection (d).
(iii) TRANSITIONAL
SENIOR
EXECU-
TIVE SERVICE POSITIONS.—Notwithstand-
ing any other provision of law, the Director
of the Office of Personnel Management
shall establish positions within the Senior
Executive Service for 5 limited-term ap-
pointees. The Secretary shall appoint indi-
viduals to such positions as provided by
section 3394 of title 5, United States
Code. Such positions shall expire on the
later of 3 years after the date of the trans-
fer of functions and offices under sub-
section (d) or 3 years after the initial ap-
pointment to each position. Positions in ef-
fect under this clause shall be taken into
account in applying the limitation on posi-
tions prescribed under section 3134(e) and
section 5108 of such title.
(B) EXPERTS
AND
CONSULTANTS.—The
Secretary may as provided in appropriation
Acts obtain the services of experts and consult-
ants in accordance with the provisions of sec-
tion 3109 of title 5, United States Code, and
may compensate such experts and consultants
at rates not to exceed the daily rate prescribed
for GS–18 of the General Schedule under sub-
chapter III of chapter 53 of such title.
(C) PERSONNEL REDUCTION.—
(i) FULL-TIME
EMPLOYEE
LIMITA-
TIONS.—Not later than the end of the first
fiscal year beginning after the date of the
transfer of functions and offices under
subsection (d), the number of full-time
equivalent personnel positions available for
performing functions transferred to the
Secretary or the Department under such
subsection shall be reduced by not less
than 350.
(ii) 
COMPUTATIONS.—Computations
required to be made for purposes of this
subparagraph shall be made on the basis
of all personnel employed by the Depart-
ment, including experts and consultants
employed under section 3109 of title 5,
United States Code, and all other part-
time and full-time personnel employed to
perform functions of the Secretary or the
Department, except personnel employed
under special programs for students and
disadvantaged youth (including temporary
summer employment).
(iii) REPORT TO CONGRESS.—The Di-
rector of the Office of Personnel Manage-
ment shall, as soon as practicable, but not
later than one year after the date of the
transfer of functions and offices under
subsection (d), prepare and transmit to the
Congress a report on the effects on em-
ployees of the reorganization under this
section, which shall include—
(I) an identification of any posi-
tion within the Department or else-
where in the executive branch, which
it considers unnecessary due to con-
solidation of functions under this sec-
tion;
(II) a statement of the number of
employees entitled to grade or pay re-
tention under subchapter VI of chap-
ter 53 of title 5, United States Code,
by reason of the reorganization under
this section;
(III) a statement of the number
of employees who are voluntarily or
involuntarily separated by reason of
such reorganization;
(IV) an estimate of the personnel
costs associated with such reorganiza-
tion;
(V) the effects of such reorga-
nization on labor management rela-
tions; and
(VI) such legislative and adminis-
trative recommendations for improve-
ments in personnel management with-
in the Department as the Director
considers necessary.
(2) GENERAL ADMINISTRATIVE PROVISIONS.—
(A) GENERAL
AUTHORITY.—In carrying
out any function transferred by this section, the
Secretary, or any officer or employee of the De-
partment, may exercise any authority available
by law with respect to such function to the offi-
cial or agency from which such function is
transferred, and the actions of the Secretary in
exercising such authority shall have the same
force and effect as when exercised by such offi-
cial or agency.
(B) DELEGATION.—Except as otherwise
provided in this section, the Secretary may dele-
gate any function to such officers and employ-
ees of the Department as the Secretary may
designate, and may authorize such successive
redelegations of such functions within the De-
partment as may be necessary or appropriate.
No delegation of functions by the Secretary
under this subparagraph or under any other
provision of this section shall relieve the Sec-
retary of responsibility for the administration of
such functions.
(C) REORGANIZATION.—
(i) AUTHORITY OF SECRETARY.—Ex-
cept as provided in clause (ii), the Sec-
retary is authorized to allocate or reallo-
cate functions among the officers of the
Department, and to establish, consolidate,
alter, or abolish such offices or positions
within the Department as may be nec-
essary or appropriate.
(ii) AUTHORITY
WITH
RESPECT
TO
STATUTORY
ENTITIES.—The 
Secretary
may not—
(I) abolish any office or position
transferred to the Department and es-
tablished by statute, or any function
vested by statute in such an office or
an officer of such an office;
(II) abolish any office or position
established by this section; or
(III) alter the delegation of func-
tions to any specific office or position
required by this section,
unless a period of 90 days has passed after
the receipt by the Committee on Com-
merce, Science, and Transportation of the
Senate and the Committee on Science,
Space, and Technology of the House of
Representatives of notice given by the Sec-
retary containing a full and complete state-
ment of the action proposed to be taken
pursuant to this clause and the facts and
circumstances relied upon in support of
such proposed action.
(D) REGULATIONS.—The Secretary is au-
thorized to prescribe such rules and regulations
as the Secretary determines necessary or appro-
priate to administer and manage the functions
of the Secretary or the Department, in accord-
ance with chapter 5 of title 5, United States
Code.
(E) CONTRACTS.—
(i) IN GENERAL.—Subject to the Fed-
eral Property and Administrative Services
Act of 1949 and other applicable Federal
law, the Secretary is authorized to make,
enter into, and perform such contracts,
grants, leases, cooperative agreements, and
other similar transactions with Federal or
other public agencies (including State and
local governments) and private organiza-
tions and persons, and to make such pay-
ments, by way of advance or reimburse-
ment, as the Secretary may determine nec-
essary or appropriate to carry out func-
tions of the Secretary or the Department.
(ii) APPROPRIATION
AUTHORITY
RE-
QUIRED.—No authority to enter into con-
tracts or to make payments under this sec-
tion shall be effective except to such extent
or in such amounts as are provided in ad-
vance under appropriation Acts. This sub-
section shall not apply with respect to the
authority granted under subparagraph (J).
(F) REGIONAL AND FIELD OFFICES.—The
Secretary is authorized to establish, alter, dis-
continue, or maintain such regional or other
field offices as the Secretary may find necessary
or appropriate to perform functions of the Sec-
retary or the Department.
(G) ACQUISITION AND MAINTENANCE OF
PROPERTY.—
(i) AUTHORITY
OF
SECRETARY.—To
the extent necessary to carry out functions
under this and any other Act, the Sec-
retary is authorized to provide appropriate
facilities and services necessary for carry-
ing out such functions or necessary for the
health and welfare of the Department’s
employees, including—
(I) to acquire (by purchase, lease,
condemnation, contract, or otherwise),
construct, improve, repair, operate,
maintain, and provide transportation
to—
(aa) schools and related fa-
cilities;
(bb) laboratories;
(cc) research and testing
sites and facilities;
(dd) quarters and related
accommodations, including eating
facilities, for employees and de-
pendents of employees of the De-
partment; and
(ee) personal property (in-
cluding patents), or any interest
therein; and
(II) to provide reimbursement for
food, clothing, medicine, and other
supplies furnished by such employees
in emergencies for the temporary re-
lief of distressed persons.
(ii) 
LIMITATION.—The 
authority
granted by clause (i) shall be available only
with respect to facilities of a special pur-
pose nature or at a remote location that
cannot readily be reassigned from similar
Federal activities and are not otherwise
available for assignment to the Depart-
ment by the Administrator of General
Services.
(H) USE OF FACILITIES.—
(i) AUTHORITY TO USE.—With their
consent, the Secretary may, with or with-
out reimbursement, use the research,
equipment, services, and facilities of any
agency or instrumentality of the United
States, of any State or political subdivision
thereof, or of any foreign government, in
carrying out any function of the Secretary
or the Department.
(ii) AUTHORITY
TO
PERMIT
USE.—
The Secretary is authorized to permit pub-
lic and private agencies, corporations, asso-
ciations, organizations, or individuals to
use any real property, or any facilities,
structures, or other improvements thereon,
under the custody and control of the Sec-
retary for Department purposes. The Sec-
retary shall permit the use of such prop-
erty, facilities, structures, or improvements
under such terms and rates and for such
period as may be in the public interest, ex-
cept that the periods of such uses may not
exceed 5 years. The Secretary may require
permittees under this subparagraph to re-
condition and maintain, at their own ex-
pense, the real property, facilities, struc-
tures, and improvements used by such per-
mittees to a standard satisfactory to the
Secretary. This clause shall not apply to
excess property as defined in section 3(e)
of the Federal Property and Administra-
tive Services Act of 1949.
(iii) 
CREDITING
OF
REIMBURSE-
MENTS.—Proceeds from reimbursements
under this subparagraph shall be deposited
in a separate fund which shall be available
to the Secretary without appropriation or
fiscal year limitation, for carrying out the
functions of the Secretary under this or
any other Act.
(iv) INTERESTS IN REAL PROPERTY.—
Any interest in real property acquired pur-
suant to this section shall be acquired in
the name of the United States Govern-
ment.
(I) COPYRIGHTS AND PATENTS.—
(i) ACQUISITION
OF
RIGHTS.—The
Secretary is authorized to acquire any of
the following described rights if the rights
acquired thereby are for use by or for, or
useful to, the Department:
(I) Copyrights, patents, designs,
processes, and manufacturing data.
(II) Licenses in connection with
copyrights and patents.
(III) Releases for past infringe-
ment of patents or copyrights.
(ii) 
DISPOSITION.—Notwithstanding
clause (i), the disposition of all copyrights
and patents and other intellectual property
owned or developed for the Department
shall be governed by chapter 18 of title 35,
United States Code (commonly referred to
as the Bayh-Dole Act), section 12 of the
Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710(a)), the Na-
tional Aeronautics and Space Act of 1958
(42 U.S.C. 2451 et seq.), or the National
Competitiveness Technology Transfer Act
of 1989, as appropriate.
(J) GIFTS AND BEQUESTS.—The Secretary
is authorized to accept, hold, administer, and
utilize gifts, bequests, and devises of property,
both real and personal, for the purpose of aid-
ing or facilitating the work of the Department.
Gifts, bequests, and devises of money, and pro-
ceeds from sales of other property received as
gifts, bequests, or devises, shall be deposited in
the Treasury and shall be available for dis-
bursement upon the order of the Secretary.
(K) TECHNICAL ADVICE.—
(i) AUTHORITY
TO
PROVIDE.—The
Secretary is authorized, upon request, to
provide advice, counsel, and technical as-
sistance to applicants or potential appli-
cants for grants and contracts and other
interested persons with respect to any
functions of the Secretary or the Depart-
ment.
(ii) CONSOLIDATION
OF
APPLICA-
TIONS.—The Secretary may permit the
consolidation of applications for grants or
contracts with respect to two or more func-
tions of the Secretary or the Department,
but such consolidation shall not alter the
statutory criteria for approval of applica-
tions for funding with respect to such
functions.
(L) WORKING CAPITAL FUND.—
(i) ESTABLISHMENT AND USE.—The
Secretary, with the approval of the Direc-
tor of the Office of Management and
Budget, is authorized to establish for the
Department a working capital fund (in this
subparagraph referred to as the ‘‘fund’’),
to be available without fiscal year limita-
tion, for expenses necessary for the main-
tenance and operation of an administrative
services office to provide such common ad-
ministrative services as the Secretary shall
find to be desirable in the interests of
economy and efficiency, including such
services as—
(I) a central supply service for
stationery and other supplies and
equipment for which adequate stocks
may be maintained to meet in whole
or in part the requirements of the De-
partment and its offices;
(II) central messenger, mail, tele-
phone, and other communications
services;
(III) office space, and central
services for document reproduction,
for graphics, and for visual aids; and
(IV) a central library service.
(ii) OPERATION OF FUND.—The cap-
ital of the fund shall consist of any appro-
priations made for the purpose of provid-
ing working capital and the fair and rea-
sonable value of such stocks of supplies,
equipment, and other assets and inven-
tories on order as the Secretary may trans-
fer to the administrative services office,
less the related liabilities and unpaid obli-
gations. There shall be transferred to the
administrative services office the stocks of
supplies, equipment, other assets, liabil-
ities, and unpaid obligations relating to the
services which the Secretary determines,
with the approval of the Director of the
Office of Management and Budget, will be
performed. Administrative supplies and
services provided by such office shall be
paid for in advance from available funds of
agencies and offices in the Department, or
from other sources, at rates that will ap-
proximate the expense of operation. The
fund shall also be credited with receipts
from sale or exchange of property and re-
ceipts in payment for loss or damage to
property.
(M) FUNDS
TRANSFER.—The Secretary
may, when authorized in an appropriation Act
for any fiscal year, transfer funds from one ap-
propriation to another within the Department,
except that no appropriations for any fiscal
year shall be either increased or decreased pur-
suant to this subparagraph by more than 10
percent and no such transfer shall result in in-
creasing any such appropriation above the
amount authorized to be appropriated therefor.
(N) SEAL
OF
DEPARTMENT.—The Sec-
retary shall cause a seal of office to be made for
the Department of such design as the Secretary
shall approve. Judicial notice shall be taken of
such seal.
(O) ANNUAL REPORT.—
(i) 
IN
GENERAL.—The 
Secretary
shall, as soon as practicable after the close
of each fiscal year, make a single, com-
prehensive report to the President for
transmission to the Congress on the activi-
ties of the Department during such fiscal
year.
(ii) CONTRACTING-OUT REPORT.—The
report required by clause (i) shall also in-
clude an estimate of the extent of the non-
Federal personnel employed pursuant to
contracts entered into by the Department
under subparagraph (E) or under any
other authority (including any subcontract
thereunder), the number of such contracts
and subcontracts pursuant to which non-
Federal personnel are employed, and the
total cost of those contracts and sub-
contracts.
(f) TRANSITIONAL, SAVINGS, AND CONFORMING PRO-
VISIONS.—
(1) TRANSFER
AND
ALLOCATION
OF
APPRO-
PRIATIONS AND PERSONNEL.—
(A) TRANSFER TO SECRETARY.—Except as
otherwise provided in this section, the personnel
employed in connection with, and the assets, li-
abilities, contracts, property, records, and unex-
pended balance of appropriations, authoriza-
tions, allocations, and other funds employed,
held, used, arising from, available to, or to be
made available in connection with, the functions
and offices, or portions thereof, transferred by
this section, subject to section 1531 of title 31,
United States Code, shall be transferred to the
Secretary for appropriate allocation. Unex-
pended funds transferred pursuant to this sub-
paragraph shall be used only for the purposes
for which the funds were originally authorized
and appropriated.
(B) EFFECT
OF
TERMINATIONS.—Posi-
tions expressly specified by statute or reorga-
nization plan to carry out functions or offices
transferred by this section, personnel occupying
those positions on the date of such transfer,
and personnel authorized to receive compensa-
tion in such positions at the rate prescribed for
offices and positions at level IV or V of the Ex-
ecutive Schedule under section 5315 or 5316 of
title 5, United States Code, on the date of such
transfer, shall be subject to paragraph (3) of
this subsection.
(2) EFFECT ON PERSONNEL.—
(A) PRESERVATION OF GRADE AND COM-
PENSATION FOR 1 YEAR.—Except as otherwise
provided in this section, the transfer pursuant
to this section of full-time personnel (except
special Government employees) and part-time
personnel holding permanent positions shall not
cause any such employee to be separated or re-
duced in grade or compensation for 1 year after
the date of transfer to the Department.
(B) PRESERVATION
OF
COMPENSATION
FOR EXECUTIVE SCHEDULE APPOINTEES.—Any
person who, on the day preceding the date of
the transfer of functions and offices under sub-
section (d), held a position compensated in ac-
cordance with the Executive Schedule pre-
scribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is
appointed in the Department to a position hav-
ing duties comparable to the duties performed
immediately preceding such appointment shall
continue to be compensated in the new position
at not less than the rate provided for the pre-
vious position, for the duration of the service of
such person in the new position.
(3) AGENCY TERMINATIONS.—
(A) TERMINATIONS.—On the date of the
transfer of functions and offices under sub-
section (d), the following entities shall termi-
nate:
(i) The Office of the Secretary of
Commerce.
(ii) The Office of the Deputy Sec-
retary of Commerce.
(iii) The Office of the General Counsel
of the Department of Commerce.
(iv) The Office of the Secretary of
Energy.
(v) The Office of Deputy Secretary of
Energy.
(vi) The Office of the Under Secretary
of Commerce for Technology.
(vii) The Office of the Assistant Sec-
retary of Commerce for Technology Policy.
(viii) The Office of Science and Tech-
nology Policy in the Executive Office of the
President.
(B) TERMINATION OF EXECUTIVE SCHED-
ULE POSITIONS.—Each position which was ex-
pressly authorized by law, or the incumbent of
which was authorized to receive compensation
at the rate prescribed for levels I through V of
the Executive Schedule under sections 5312
through 5315 of title 5, United States Code, in
an office terminated pursuant to this section
shall also terminate.
(4) ADDITIONAL TRANSFERS.—
(A) IN GENERAL.—The Director of the Of-
fice of Management and Budget, in conjunction
with the Secretary, shall make such determina-
tions as may be necessary with regard to the
functions, offices, or portions thereof trans-
ferred by this section, and make such additional
incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records,
and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held,
used, arising from, available to, or to be made
available in connection with such functions, of-
fices, or portions thereof, as may be necessary
to carry out this section. The Director shall
provide for the termination of the affairs of all
entities terminated by this section and, in con-
junction with the Secretary, for such further
measures and dispositions as may be necessary
to effectuate the purposes of this section.
(B) ALLOCATION
OF
SES
POSITIONS.—
After consultation with the Director of the Of-
fice of Personnel Management, the Director of
the Office of Management and Budget is au-
thorized to make such determinations as may
be necessary with regard to the transfer of posi-
tions within the Senior Executive Service in
connection with functions and offices trans-
ferred by this section.
(C) MISCELLANEOUS FUNCTIONS.—(i) The
Economics and Statistics Administration, in-
cluding the Bureau of Census and the Bureau
of Economic Analysis, and the Bureau of Ex-
port Administration shall be transferred to the
Department of the Treasury.
(ii) The Economic Development Adminis-
tration shall be transferred to the Department
of Housing and Urban Development.
(iii) The International Trade Administra-
tion and the United States Travel and Tourism
Administration shall be transferred to the Of-
fice of the United States Trade Representative.
(iv) The Minority Business Development
Administration shall be transferred to the Small
Business Administration.
(5) SAVINGS PROVISIONS.—
(A) CONTINUITY
OF
LEGAL
FORCE
AND
EFFECT.—All orders, determinations, rules,
regulations, permits, grants, contracts, certifi-
cates, licenses, and privileges—
(i) which have been issued, made,
granted, or allowed to become effective by
the President, by any Federal department
or agency or official thereof, or by a court
of competent jurisdiction, in the perform-
ance of functions which are transferred
under this section to the Secretary or the
Department; and
(ii) which are in effect at the time of
such transfer,
shall continue in effect according to their terms
until modified, terminated, superseded, set
aside, or revoked by the President, the Sec-
retary, or the authorized official, a court of
competent jurisdiction, or by operation of law.
(B) PENDING PROCEEDINGS.—(i) This sec-
tion shall not affect any proceedings, including
notices of proposed rulemaking, or any applica-
tion for any license, permit, certificate, or fi-
nancial assistance pending on the date of the
transfer of functions and offices under sub-
section (d) before any department, agency, com-
mission, or component thereof, functions of
which are transferred by this section. Such pro-
ceedings and applications, to the extent that
they relate to functions so transferred, shall be
continued, except as provided in clause (iii).
(ii) Orders may be issued in such proceed-
ings, appeals may be taken therefrom, and pay-
ments may be made pursuant to such orders, as
if this section had not been enacted. Orders is-
sued in any such proceedings shall continue in
effect until modified, terminated, superseded, or
revoked by the Secretary, by a court of com-
petent jurisdiction, or by operation of law.
(iii) Nothing in this subparagraph shall be
considered to prohibit the discontinuance or
modification of any such proceeding under the
same terms and conditions and to the same ex-
tent that such proceeding could have been dis-
continued or modified if this section had not
been enacted.
(iv) The Secretary is authorized to promul-
gate regulations providing for the orderly trans-
fer of proceedings continued under this sub-
paragraph to the Department.
(C) NO EFFECT ON JUDICIAL PROCEED-
INGS.—Except as provided in subparagraph
(E)—
(i) the transfer of functions and of-
fices under subsection (d) shall not affect
suits commenced prior to the date of such
transfer; and
(ii) in all such suits, proceedings shall
be had, appeals taken, and judgments ren-
dered in the same manner and effect as if
this section had not been enacted.
(D) NONABATEMENT OF PROCEEDINGS.—
No suit, action, or other proceeding commenced
by or against any officer in the official capacity
of such individual as an officer of any depart-
ment or agency, functions of which are trans-
ferred by this section, shall abate by reason of
the enactment of this section. No cause of ac-
tion by or against any department or agency,
functions of which are transferred by this sec-
tion, or by or against any officer thereof in the
official capacity of such officer shall abate by
reason of the enactment of this section.
(E) CONTINUATION OF PROCEEDING WITH
SUBSTITUTION OF PARTIES.—If, before the date
of the transfer of functions and offices under
subsection (d), any department or agency, or
officer thereof in the official capacity of such
officer, is a party to a suit, and under this sec-
tion any function of such department, agency,
or officer is transferred to the Secretary or any
other official of the Department, then such suit
shall be continued with the Secretary or other
appropriate official of the Department sub-
stituted or added as a party.
(F) REVIEWABILITY OF ORDERS AND AC-
TIONS UNDER TRANSFERRED FUNCTIONS.—Or-
ders and actions of the Secretary in the exercise
of functions transferred under this section shall
be subject to judicial review to the same extent
and in the same manner as if such orders and
actions had been by the agency or office, or
part thereof, exercising such functions imme-
diately preceding their transfer. Any statutory
requirements relating to notice, hearings, action
upon the record, or administrative review that
apply to any function transferred by this sec-
tion shall apply to the exercise of such function
by the Secretary.
(6) REFERENCE.—With respect to any function
transferred by this section and exercised on or after
the date of such transfer, reference in any other
Federal law to any department, commission, or
agency or any officer or office the functions of which
so transferred shall be deemed to refer to the Sec-
retary, other official, or component of the Depart-
ment to which this section transfers such functions.
(7) AMENDMENTS.—
(A) DEPARTMENT OF ENERGY ORGANIZA-
TION ACT.—Sections 201 through 203 of the
Department of Energy Organization Act (42
U.S.C. 7131–7133) are repealed.
(B) INSPECTOR GENERAL ACT OF 1978.—
The Inspector General Act of 1978 is amend-
ed—
(i) in section 8E(a)(2), by striking
‘‘the National Science Foundation,’’;
(ii) in section 8E(a)(4), by striking ‘‘,
except that with respect to the National
Science Foundation, such term means the
National Science Board’’;
(iii) in section 11(1)—
(I) by striking ‘‘Commerce,’’;
(II) by striking ‘‘Energy,’’;
(III) 
by 
inserting 
‘‘Science,
Space, 
Energy, 
and 
Technology,’’
after ‘‘the Interior, Labor,’’; and
(IV) by striking ‘‘National Aero-
nautics and Space,’’; and
(iv) in section 11(2)—
(I) by striking ‘‘Commerce,’’;
(II) by striking ‘‘Energy,’’;
(III) 
by 
inserting 
‘‘Science,
Space, 
Energy, 
and 
Technology,’’
after ‘‘Justice, Labor,’’; and
(IV) by striking ‘‘the National
Aeronautics and Space Administra-
tion,’’.
(C) NATIONAL AERONAUTICS AND SPACE
ACT OF 1958.—Section 207 of the National Aer-
onautics and Space Act of 1958 (42 U.S.C.
2476a) is repealed.
(8) TRANSITION.—
(A) USE OF FUNDS.—Funds available to
any department or agency (or any official or
component thereof), the functions or offices of
which are transferred to the Secretary or the
Department by this section, may, with the ap-
proval of the Director of the Office of Manage-
ment and Budget, be used to pay the com-
pensation and expenses of any officer appointed
pursuant to this section and other transitional
and planning expenses associated with the es-
tablishment of the Department or transfer of
functions or offices thereto until such time as
funds for such purposes are otherwise available.
(B) USE OF PERSONNEL.—With the con-
sent of the appropriate department or agency
head concerned, the Secretary is authorized to
utilize the services of such officers, employees,
and other personnel of the departments and
agencies from which functions or offices have
been transferred to the Secretary or the De-
partment, for such period of time as may rea-
sonably be needed to facilitate the orderly im-
plementation of this section.
(9) INTERIM APPOINTMENTS.—
(A) AUTHORITY
TO
APPOINT.—Notwith-
standing any other provision of law, in the
event that one or more officers required by this
section to be appointed by and with the advice
and consent of the Senate shall not have en-
tered upon office on the date of the transfer of
functions and offices under subsection (d), the
President may designate an officer in the execu-
tive branch to act in such office for 120 days
or until the office is filled as provided in this
section, whichever occurs first.
(B) COMPENSATION.—Any officer acting
in an office in the Department pursuant to the
provisions of subparagraph (A) shall receive
compensation at the rate prescribed for such of-
fice under this section.
(g) RELATION TO OTHER PROVISIONS.—
(1) MODIFICATIONS
IN
AUTHORITY.—If any
other section of this Act increases, restricts, or oth-
erwise modifies any authority (including the author-
ity to assess or collect fees) with respect to any func-
tion or office, or portion thereof, transferred by this
section, the authority transferred by this section
shall be the authority as so modified.
(2) RESCISSIONS.—If any other section of this
Act rescinds funds that are to be transferred pursu-
ant to this section, such rescission shall be made
prior to such transfer.
SEC. 523. ELIMINATION OF FUNDING FOR MAGLEV PROTO-
TYPE DEVELOPMENT PROGRAM.
(a) IN GENERAL.—Section 1036(d) of the Intermodal
Surface Transportation Efficiency Act of 1991 (49 U.S.C.
309 note; 105 Stat. 1986) is amended—
(1) in paragraph (1) by striking ‘‘the following’’
and all that follows through ‘‘DEMONSTRATION PRO-
GRAM.—For’’ and inserting ‘‘for’’; and
(2) in paragraph (2) by striking subparagraph
(A) and by redesignating subparagraphs (B) and (C)
as subparagraphs (A) and (B), respectively.
(b) RESCISSION
OF FUNDS.—Of the funds made
available under the heading ‘‘Federal Railroad Adminis-
tration—Railroad Research and Development’’ in the De-
partment of Transportation and Related Agencies Appro-
priations Act, 1994 (Pub. L. 103–122), $20,000,000 is
rescinded, to be derived from magnetic levitation research
and analysis activities.
SEC. 524. RESCISSION OF FUNDS FOR FEDERALLY SPON-
SORED UNIVERSITY RESEARCH AND DEVEL-
OPMENT.
(a) IN GENERAL.—Of the aggregate funds made
available for the accounts specified in subsection (b),
$220,000,000 is rescinded, to be derived from university
research and development programs. The Director of the
Office of Management and Budget shall allocate such re-
scission among such accounts, and shall submit to the
Congress a report setting forth such allocation.
(b) AFFECTED ACCOUNTS.—The funds subject to the
rescission made by subsection (a) are the following:
(1) NATIONAL INSTITUTES OF HEALTH.—The
amounts made available under the heading ‘‘Depart-
ment of Health and Human Services—National In-
stitutes of Health’’ in the Departments of Labor,
Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1994 (Pub. L.
103–112), for the following accounts:
(A) ‘‘National Cancer Institute’’.
(B) ‘‘National Heart, Lung, and Blood In-
stitute’’.
(C) ‘‘National Institute of Dental Re-
search’’.
(D) ‘‘National Institute of Diabetes and
Digestive and Kidney Diseases’’.
(E) ‘‘National Institute of Neurological
Disorders and Stroke’’.
(F) ‘‘National Institute of Allergy and In-
fectious Diseases’’.
(G) ‘‘National Institute of General Medical
Sciences’’.
(H) ‘‘National Institute of Child Health
and Human Development’’.
(I) ‘‘National Eye Institute’’.
(J) ‘‘National Institute of Environmental
Health Sciences’’.
(K) ‘‘National Institute on Aging’’.
(L) ‘‘National Institute of Arthritis and
Musculoskeletal and Skin Diseases’’.
(M) ‘‘National Institute on Deafness and
Other Communication Disorders’’.
(N) ‘‘National Institute of Nursing Re-
search’’.
(O) ‘‘National Institute on Alcohol Abuse
and Alcoholism’’.
(P) ‘‘National Institute on Drug Abuse’’.
(Q) ‘‘National Institute of Mental Health’’.
(R) ‘‘National Center for Research Re-
sources’’.
(S) ‘‘National Center for Human Genome
Research’’.
(T) ‘‘John E. Fogarty International Cen-
ter’’.
(U) ‘‘National Library of Medicine’’.
(V) ‘‘Office of the Director’’.
(2) INDEPENDENT
AGENCIES.—The amounts
made available in the Departments of Veterans Af-
fairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1994
(Pub. L. 103–124), for the following accounts:
(A) ‘‘National Science Foundation—Re-
search and Related Activities’’.
(B) ‘‘National Aeronautics and Space Ad-
ministration—Research and Development’’.
(3) DEPARTMENT OF DEFENSE.—The amounts
made available in the Department of Defense Appro-
priations Act, 1994 (Pub. L. 103–139), for the fol-
lowing accounts:
(A) ‘‘Research, Development, Test and
Evaluation, Army’’.
(B) ‘‘Research, Development, Test and
Evaluation, Navy’’.
(C) ‘‘Research, Development, Test and
Evaluation, Air Force’’.
(D) ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’.
SEC. 525. RECOUPMENT OF CERTAIN GRANTS.
Not later than 180 days after the date of enactment
of this Act, the Secretary of Energy and the Secretary
of Commerce shall establish procedures and criteria for
the recoupment of the Federal share of all cost shared re-
search, development, demonstration, and commercial ap-
plication projects undertaken by such Departments. If re-
quired, such recoupment shall occur within a reasonable
period of time following the date of completion of a
project, but not later than 20 years following such date,
taking into account the effect of recoupment on—
(1) the commercial competitiveness of the entity
carrying out the project;
(2) the profitability of the project; and
(3) the commercial viability of the technology
utilized.
The Secretary of Energy and the Secretary of Commerce
may require recoupment under this section as appropriate.
SEC. 526. COVERAGE OF FEDERALLY FUNDED RESEARCH
AND DEVELOPMENT CENTERS BY COMPETI-
TION IN CONTRACTING ACT.
(a) CONTRACTS WITH EXECUTIVE AGENCIES.—Sec-
tion 303 of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253) is amended in subsection
(b)(1)(C) and in subsection (c)(3) by striking out ‘‘or a
federally funded research and development center’’ each
place it appears.
(b) CONTRACTS WITH DEPARTMENT OF DEFENSE.—
Section 2304 of title 10, United States Code, is amended
in subsection (b)(1)(C) and in subsection (c)(3) by strik-
ing out ‘‘or a federally funded research and development
center’’ each place it appears.
SEC. 527. TERMINATION OF MODULAR HIGH-TEMPERA-
TURE GAS-COOLED REACTOR PROJECT.
(a) IN GENERAL.—The United States shall not obli-
gate any funds for the Modular High-Temperature Gas-
Cooled Reactor program.
(b) AMENDMENTS.—Section 2122(b) of the Energy
Policy Act of 1992 (42 U.S.C. 13492(b)) is amended—
(1) in paragraph (1)(B), by striking ‘‘the modu-
lar high-temperature gas-cooled reactor technology
and’’; and
(2) in paragraph (2)(C)—
(A) by striking ‘‘high-temperature gas-
cooled reactor technology and’’; and
(B) by striking ‘‘one or both of those tech-
nologies’’ and inserting in lieu thereof ‘‘that
technology’’.
(c) RESCISSION
OF FUNDS.—Of the funds made
available under the heading ‘‘Department of Energy—En-
ergy Supply, Research and Development Activities’’ in the
Energy and Water Development Appropriations Act, 1994
(Pub. L. 103–126), $12,000,000 is rescinded, to be de-
rived from the gas turbine-modular helium reactor pro-
gram.
SEC. 528. DEPARTMENT OF ENERGY FACILITIES CLOSURE
AND RECONFIGURATION COMMISSION.
(a) DEPARTMENT OF ENERGY FACILITIES CLOSURE
AND RECONFIGURATION COMMISSION.—
(1) ESTABLISHMENT.—There is established an
independent commission to be known as the ‘‘De-
partment of Energy Facilities Closure and Reconfig-
uration Commission’’.
(2) DUTIES.—The Commission shall carry out
the duties specified for the Commission in this sec-
tion.
(3) APPOINTMENT.—
(A) IN GENERAL.—The Commission shall
be composed of 7 members appointed by the
President, by and with the advise and consent
of the Senate. The President shall transmit to
the Senate the nominations for appointment to
the Commission not later than 3 months after
the date of the enactment of this Act.
(B) CONSULTATION.—In selecting individ-
uals for nominations for appointments to the
Commission, the President should consult
with—
(i) the Speaker of the House of Rep-
resentatives concerning the appointment of
1 member;
(ii) the majority leader of the Senate
concerning the appointment of 1 member;
(iii) the minority leader of the House
of Representatives concerning the appoint-
ment of 1 member; and
(iv) the minority leader of the Senate
concerning the appointment of 1 member.
(C) CHAIRPERSON.—At the time the Presi-
dent nominates individuals for appointment to
the Commission, the President shall designate
one such individual who shall serve as Chair-
person of the Commission.
(4) TERMS.—Each member of the Commission
shall serve until the termination of the Commission
under paragraph (12).
(5) MEETINGS.—Each meeting of the Commis-
sion, other than meetings in which classified infor-
mation is to be discussed, shall be open to the pub-
lic.
(6) VACANCIES.—A vacancy in the Commission
shall be filled in the same manner as the original ap-
pointment, but the individual appointed to fill the
vacancy shall serve only for the unexpired portion of
the term for which the individual’s predecessor was
appointed.
(7) PAY AND TRAVEL EXPENSES.—
(A) IN GENERAL.—
(i) BASIC PAY.—Each member, other
than the Chairperson, shall be paid at a
rate equal to the daily equivalent of the
minimum annual rate of basic pay payable
for level IV of the Executive Schedule
under section 5315 of title 5, United
States Code, for each day (including travel
time) during which the member is engaged
in the actual performance of duties vested
in the Commission.
(ii) 
PAY
OF
CHAIRPERSON.—The
Chairperson shall be paid for each day re-
ferred to in clause (i) at a rate equal to the
daily equivalent of the minimum annual
rate of basic pay payable for level III of
the Executive Schedule under section 5314
of title 5, United States Code.
(B) TRAVEL
EXPENSES.—Members shall
receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(8) DIRECTOR.—
(A) IN GENERAL.—The Commission shall,
without regard to section 5311(b) of title 5,
United States Code, appoint a Director who has
not served as a civilian employee of the Depart-
ment of Energy during the one-year period pre-
ceding the date of such appointment.
(B) PAY.—The Director shall be paid at
the rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title
5, United States Code.
(9) STAFF.—
(A) APPOINTMENT BY DIRECTOR.—Subject
to subparagraphs (B) and (C), the Director,
with the approval of the Commission, may ap-
point and fix the pay of additional personnel.
(B) APPLICABILITY
OF
CERTAIN
CIVIL
SERVICE LAWS.—The Director may make such
appointments without regard to the provisions
of title 5, United States Code, governing ap-
pointments in the competitive service, and any
personnel so appointed may be paid without re-
gard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating
to classification and General Schedule pay
rates, except that an individual so appointed
may not receive pay in excess of the annual rate
of basic pay payable for level IV of the Execu-
tive Schedule under section 5315 of title 5,
United States Code.
(C) LIMITATION.—Not more than one-
third of the personnel employed by or detailed
to the Commission may be on detail from the
Department of Energy.
(D) SUPPORT FROM OTHER AGENCIES.—
Upon request of the Director, the head of a
Federal agency may detail any of the personnel
of that agency to the Commission to assist the
Commission in carrying out its duties under
this section.
(E) SUPPORT FROM COMPTROLLER GEN-
ERAL.—The Comptroller General of the United
States shall provide assistance, including the
detailing of employees, to the Commission in ac-
cordance with an agreement entered into with
the Commission.
(10) OTHER AUTHORITY.—
(A) 
TEMPORARY
AND
INTERMITTENT
SERVICES.—The Commission may procure by
contract, to the extent funds are available, the
temporary or intermittent services of experts or
consultants pursuant to section 3109 of title 5,
United States Code.
(B) AUTHORITY TO LEASE SPACE AND AC-
QUIRE CERTAIN PROPERTY.—The Commission
may lease space and acquire personal property
to the extent funds are available. To the extent
practicable, the Commission shall use suitable
real property available under the most recent
inventory of real property assets published by
the Resolution Trust Corporation under section
21A(b)(11)(F) of the Federal Home Loan
Bank Act (12 U.S.C. 1441a(b)(12)(F)).
(11) FUNDING.—There is appropriated for fis-
cal year 1994, out of any money in the Treasury not
otherwise appropriated, $1,000,000 to the Commis-
sion to carry out its duties under this section. Such
funds shall remain available until expended.
(12) TERMINATION.—The Commission shall
terminate not later than 20 months after the date
of the enactment of this Act.
(b) PROCEDURE FOR MAKING RECOMMENDATIONS
FOR CLOSURE AND RECONFIGURATION OF FACILITIES.—
(1) SELECTION CRITERIA.—
(A) IN
GENERAL.—Not later than 3
months after the date of the enactment of this
Act, the Secretary of Energy shall publish in
the Federal Register and transmit to the con-
gressional energy committees the criteria pro-
posed to be used by the Secretary in making
recommendations for the closure or reconfigura-
tion of Department of Energy facilities result-
ing in an overall budget for such facilities for
a fiscal year in an amount equal to the amount
appropriated for such facilities for the previous
fiscal year reduced by 25 percent. The Sec-
retary shall provide an opportunity for public
comment on the proposed criteria for a period
of at least 30 days and shall include notice of
that opportunity in the publication required
under this paragraph. In developing the cri-
teria, the Secretary shall consider—
(i) the program costs and program
distributions on a State and county basis,
including real and personal property costs
associated with each Department of En-
ergy facility considered;
(ii) the number of participants in pro-
grams conducted through a Department of
Energy facility and staff resources in-
volved;
(iii) duplication of effort by Depart-
ment of Energy facilities and overhead
costs as a proportion of program benefits
distributed through a Department of En-
ergy facility; and
(iv) cost savings and increases that
would accrue through the reconfiguration
of Department of Energy facilities.
(B) FINAL CRITERIA.—Not later than 5
months after the date of the enactment of this
Act, the Secretary shall publish in the Federal
Register and transmit to the congressional en-
ergy committees the final criteria to be used in
making recommendations for the closure or re-
configuration of Department of Energy facili-
ties under this section.
(2) SECRETARY’S RECOMMENDATIONS.—
(A) PUBLICATION
IN
FEDERAL
REG-
ISTER.—Not later than 9 months after the date
of the enactment of this Act, the Secretary shall
publish in the Federal Register and transmit to
the congressional energy committees and to the
Commission a list of the Department of Energy
facilities that the Secretary recommends for clo-
sure or reconfiguration on the basis of the final
criteria referred to in paragraph (1).
(B) SUMMARY OF SELECTION PROCESS.—
The Secretary shall include, with the list of rec-
ommendations published and transmitted pur-
suant to subparagraph (A), a summary of the
selection process that resulted in the rec-
ommendation for each Department of Energy
facility, including a justification for each rec-
ommendation.
(C) EQUAL
CONSIDERATION
OF
FACILI-
TIES.—In considering Department of Energy
facilities for closure or reconfiguration, the Sec-
retary shall consider all such facilities equally
without regard to whether a facility has been
previously considered or proposed for closure or
reconfiguration by the Secretary.
(D) AVAILABILITY OF INFORMATION.—The
Secretary shall make available to the Commis-
sion and the Comptroller General of the United
States all information used by the Secretary in
making recommendations to the Commission
for closures and reconfiguration.
(3) REVIEW AND RECOMMENDATIONS BY THE
COMMISSION.—
(A) PUBLIC
HEARINGS.—After receiving
the recommendations from the Secretary pursu-
ant to paragraph (2), the Commission shall
conduct public hearings on the recommenda-
tions.
(B) REPORT.—Not later than 15 months
after the date of the enactment of this Act, the
Commission shall transmit to the President and
the congressional energy committees a report
containing the Commission’s findings and con-
clusions based on a review and analysis of the
recommendations made by the Secretary, to-
gether with the Commission’s recommendations
for closures and reconfigurations of Department
of Energy facilities.
(C) DEVIATION FROM SECRETARY’S REC-
OMMENDATIONS.—In making its recommenda-
tions, the Commission may make changes in
any of the recommendations made by the Sec-
retary if the Commission determines that the
Secretary deviated substantially from the final
criteria referred to in paragraph (1) in making
recommendations. The Commission shall ex-
plain and justify in the report any recommenda-
tion made by the Commission that is different
from the recommendations made by the Sec-
retary.
(D) PROVISION
OF
CERTAIN
INFORMA-
TION.—After transmitting the report, the Com-
mission shall promptly provide, upon request, to
any Member of Congress information used by
the Commission in making its recommenda-
tions.
(4) ASSISTANCE
FROM
COMPTROLLER
GEN-
ERAL.—The Comptroller General of the United
States shall—
(A) assist the Commission, to the extent
requested, in the Commission’s review and anal-
ysis of the recommendations made by the Sec-
retary pursuant to paragraph (2); and
(B) not later than 12 months after the
date of the enactment of this Act, transmit to
the congressional energy committees and to the
Commission a report containing a detailed anal-
ysis of the Secretary’s recommendations and se-
lection process.
(5) REVIEW BY THE PRESIDENT.—
(A) IN
GENERAL.—Not later than 16
months after the date of the enactment of this
Act, the President shall transmit to the Com-
mission and to the congressional energy com-
mittees a report containing the President’s ap-
proval or disapproval of the Commission’s rec-
ommendations.
(B) PRESIDENTIAL
APPROVAL.—If the
President approves all of the recommendations
of the Commission, the President shall transmit
a copy of such recommendations to the congres-
sional energy committees together with a cer-
tification of such approval.
(C) PRESIDENTIAL DISAPPROVAL.—If the
President disapproves the recommendations of
the Commission, in whole or in part, the Presi-
dent shall transmit to the Commission and the
congressional energy committees the reasons for
that disapproval. The Commission shall then
transmit to the President, not later than 17
months after the date of the enactment of this
Act, a revised list of recommendations for the
closure and reconfiguration of Department of
Energy facilities resulting in an overall budget
for such facilities for a fiscal year in an amount
equal to the amount appropriated for such fa-
cilities for the previous fiscal year reduced by
25 percent.
(D) CERTIFICATION.—If the President ap-
proves all of the revised recommendations of the
Commission transmitted to the President under
subparagraph (C), the President shall transmit
a copy of such revised recommendations to the
congressional energy committees, together with
a certification of such approval.
(E) FAILURE TO CERTIFY.—If the Presi-
dent does not transmit to the congressional en-
ergy committees an approval and certification
described in subparagraph (B) or (D) by 18
months after the date of the enactment of this
Act, the process by which Department of En-
ergy facilities may be selected for closure or re-
configuration under this section shall be termi-
nated.
(c) CLOSURE AND RECONFIGURATION OF DEPART-
MENT OF ENERGY FACILITIES.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary shall—
(A) close all Department of Energy facili-
ties recommended for closure by the Commis-
sion in the report transmitted to the congres-
sional energy committees by the President pur-
suant to subsection (b)(5);
(B) reconfigure all such facilities rec-
ommended for reconfiguration by the Commis-
sion in the report; and
(C) 
complete 
the 
closures 
and
reconfigurations not later than the end of the 6-
year period beginning on the date on which the
President transmits the report pursuant to sub-
section (b)(5).
(2) CONGRESSIONAL DISAPPROVAL.—
(A) IN GENERAL.—The Secretary may not
carry out any closure or reconfiguration of a fa-
cility recommended by the Commission in the
report transmitted from the President pursuant
to subsection (b)(5) if a joint resolution is en-
acted, in accordance with the provisions of sub-
section (g), disapproving the recommendations
of the Commission before the earlier of—
(i) the end of the 45-day period begin-
ning on the date on which the President
transmits the report; or
(ii) the adjournment of Congress sine
die for the session during which the report
is transmitted.
(B) For purposes of subparagraph (A) of
this paragraph and paragraphs (1) and (3) of
subsection (g), the days on which either House
of Congress is not in session because of an ad-
journment of more than three days to a day
certain shall be excluded in the computation of
a period.
(d) IMPLEMENTATION OF CLOSURE AND RECONFIG-
URATION ACTIONS.—
(1) ACTIONS OF THE SECRETARY.—In closing
or reconfiguring a Department of Energy facility
under this section, the Secretary shall—
(A) take such actions as may be necessary
to close or reconfigure the facility;
(B) provide outplacement assistance to any
employees employed by the Department of En-
ergy at the office whose employment is being
terminated, and may use for such purpose
funds in the Account or funds appropriated to
the Department of Energy for outplacement as-
sistance to employees;
(C) take such steps as may be necessary to
ensure the safe keeping of all records stored at
the facility; and
(D) reimburse other Federal agencies for
actions performed at the request of the Sec-
retary with respect to any such closure or re-
configuration, and may use for such purpose
funds in the Account or funds appropriated to
the Department of Energy and available for
such purpose.
(2) MANAGEMENT
AND
DISPOSAL
OF
PROP-
ERTY.—
(A) IN GENERAL.—The Administrator of
General Services shall delegate to the Secretary
of Energy, with respect to excess and surplus
real property and facilities located at a Depart-
ment of Energy facility closed or reconfigured
under this section—
(i) the authority of the Administrator
to utilize excess property under section 202
of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 483);
(ii) the authority of the Administrator
to dispose of surplus property under sec-
tion 203 of that Act (40 U.S.C. 484);
(iii) the authority of the Adminis-
trator to grant approvals and make deter-
minations under section 13(g) of the Sur-
plus Property Act of 1944 (50 U.S.C. App.
1622(g)); and
(iv) the authority of the Administrator
to determine the availability of excess or
surplus real property for wildlife conserva-
tion purposes in accordance with the Act
of May 19, 1948 (16 U.S.C. 667b).
(B) EXERCISE OF AUTHORITY.—
(i) IN
GENERAL.—Subject to clause
(iii), the Secretary shall exercise the au-
thority delegated to the Secretary pursuant
to subparagraph (A) in accordance with—
(I) all regulations in effect on the
date of the enactment of this Act gov-
erning the utilization of excess prop-
erty and the disposal of surplus prop-
erty under the Federal Property and
Administrative Services Act of 1949;
and
(II) all regulations in effect on
the date of the enactment of this Act
governing the conveyance and disposal
of property under section 13(g) of the
Surplus Property Act of 1944 (50
U.S.C. App. 1622(g)).
(ii) REGULATIONS.—The Secretary,
after consulting with the Administrator of
General Services, may issue regulations
that are necessary to carry out the delega-
tion of authority required by subparagraph
(A).
(iii) LIMITATION.—The authority re-
quired to be delegated by subparagraph
(A) to the Secretary by the Administrator
of General Services shall not include the
authority to prescribe general policies and
methods for utilizing excess property and
disposing of surplus property.
(3) WAIVER.—The Secretary may close or
reconfigure Department of Energy facilities under
this section without regard to any provision of law
restricting the use of funds for closing or
reconfiguring such facilities included in any appro-
priations or authorization Act.
(e) ACCOUNT.—
(1) ESTABLISHMENT.—There is hereby estab-
lished on the books of the Treasury an account to
be known as the ‘‘Department of Energy Facility
Closure Account’’ which shall be administered by the
Secretary as a single account.
(2) CONTENT OF ACCOUNT.—There shall be de-
posited into the Account—
(A) funds authorized for and appropriated
to the Account;
(B) any funds that the Secretary may,
subject to approval in an appropriation Act,
transfer to the Account from funds appro-
priated to the Department of Energy for any
purpose, except that such funds may be trans-
ferred only after the date on which the Sec-
retary transmits written notice of, and justifica-
tion for, such transfer to the congressional en-
ergy committees; and
(C) proceeds received from the transfer or
disposal of any property at an office closed or
reconfigured under this section.
(3) USE OF FUNDS.—The Secretary may use
the funds in the Account only for the purposes de-
scribed in subsection (d)(1).
(4) REPORTS.—
(A) IN GENERAL.—Not later than 60 days
after the end of each fiscal year in which the
Secretary carries out activities under this sec-
tion, the Secretary shall transmit a report to
the congressional energy committees of the
amount and nature of the deposits into, and the
expenditures from, the Account during such fis-
cal year and of the amount and nature of other
expenditures made pursuant to subsection
(d)(1) during such fiscal year.
(B) UNOBLIGATED
FUNDS.—Unobligated
funds which remain in the Account after the
termination of the Commission shall be held in
the Account until transferred by law after the
congressional energy committees receive the re-
port transmitted under subparagraph (C).
(C) ACCOUNTING REPORT.—Not later than
60 days after the termination of the Commis-
sion, the Secretary shall transmit to the con-
gressional energy committees a report contain-
ing an accounting of—
(i) all the funds deposited into and ex-
pended from the Account or otherwise ex-
pended under this section; and
(ii) any amount remaining in the Ac-
count.
(f) REPORTS ON IMPLEMENTATION.—As part of the
budget request for each fiscal year in which the Secretary
will carry out activities under this section, the Secretary
shall transmit to the congressional energy committees—
(1) a schedule of the closure and reconfigura-
tion actions to be carried out under this section in
the fiscal year for which the request is made and an
estimate of the total expenditures required and cost
savings to be achieved by each such closure and re-
configuration and of the time period in which these
savings are to be achieved in each case; and
(2) a description of the Department of Energy
facilities, including those under construction and
those planned for construction, to which functions
are to be transferred as a result of such closures and
reconfigurations.
(g) CONGRESSIONAL CONSIDERATION OF COMMIS-
SION REPORT.—
(1) TERMS
OF
THE
RESOLUTION.—For pur-
poses of subsection (c)(2), the term ‘‘joint resolu-
100
tion’’ means only a joint resolution which is intro-
duced within the 10-day period beginning on the
date on which the President transmits the report to
the Congress under subsection (b)(5), and—
(A) which does not have a preamble;
(B) the matter after the resolving clause of
which is as follows: ‘‘That Congress disapproves
the recommendations of the Department of En-
ergy Facilities Closure and Reconfiguration
Commission as submitted by the President on
lll’’, the blank space being filled in with
the appropriate date; and
(C) the title of which is as follows: ‘‘Joint
resolution disapproving the recommendations of
the Department of Energy Facilities Closure
and Reconfiguration Commission.’’.
(2) REFERRAL.—A resolution described in
paragraph (1) that is introduced in the House of
Representatives shall be referred to the Committee
on Armed Services and the Committee on Science,
Space, and Technology of the House of Representa-
tives. A resolution described in paragraph (1) intro-
duced in the Senate shall be referred to the Commit-
tee on Armed Services and the Committee on En-
ergy and Natural Resources of the Senate.
101
(3) DISCHARGE.—If the committee to which a
resolution described in paragraph (1) is referred has
not reported such resolution (or an identical resolu-
tion) by the end of the 20-day period beginning on
the date on which the President transmits the report
to the Congress under subsection (b)(5), such com-
mittee shall be, at the end of such period, discharged
from further consideration of such resolution, and
such resolution shall be placed on the appropriate
calendar of the House involved.
(4) CONSIDERATION.—
(A) IN GENERAL.—On or after the third
day after the date on which the committee to
which such a resolution is referred has re-
ported, or has been discharged (under para-
graph (3)) from further consideration of, such
a resolution, it is in order (even though a pre-
vious motion to the same effect has been dis-
agreed to) for any Member of the respective
House to move to proceed to the consideration
of the resolution (but only on the day after the
calendar day on which such Member announces
to the House concerned the Member’s intention
to do so). All points of order against the resolu-
tion (and against consideration of the resolu-
102
tion) are waived. The motion is highly privi-
leged in the House of Representatives and is
privileged in the Senate and is not debatable.
The motion is not subject to amendment, or to
a motion to postpone, or to a motion to proceed
to the consideration of other business. A motion
to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order.
If a motion to proceed to the consideration of
the resolution is agreed to, the respective House
shall immediately proceed to consideration of
the joint resolution without intervening motion,
order, or other business, and the resolution
shall remain the unfinished business of the re-
spective House until disposed of.
(B) DEBATE.—Debate on the resolution,
and on all debatable motions and appeals in
connection therewith, shall be limited to not
more than 2 hours, which shall be divided
equally between those favoring and those oppos-
ing the resolution. An amendment to the resolu-
tion is not in order. A motion further to limit
debate is in order and not debatable. A motion
to postpone, or a motion to proceed to the con-
sideration of other business, or a motion to re-
103
commit the resolution is not in order. A motion
to reconsider the vote by which the resolution is
agreed to or disagreed to is not in order.
(C) QUORUM
CALL.—Immediately follow-
ing the conclusion of the debate on a resolution
described in paragraph (1) and a single quorum
call at the conclusion of the debate if requested
in accordance with the rules of the appropriate
House, the vote on final passage of the resolu-
tion shall occur.
(D) APPEALS FROM DECISION OF CHAIR.—
Appeals from the decisions of the Chair relating
to the application of the rules of the Senate or
the House of Representatives, as the case may
be, to the procedure relating to a resolution de-
scribed in paragraph (1) shall be decided with-
out debate.
(5) CONSIDERATION BY OTHER HOUSE.—
(A) If, before the passage by one House of
a resolution of that House described in para-
graph (1), that House receives from the other
House a resolution described in paragraph (1),
then the following procedures shall apply:
(i) The resolution of the other House
shall not be referred to a committee and
104
may not be considered in the House receiv-
ing it except in the case of final passage as
provided in clause (ii)(II).
(ii) With respect to a resolution de-
scribed in paragraph (1) of the House re-
ceiving the resolution—
(I) the procedure in that House
shall be the same as if no resolution
had been received from the other
House; but
(II) the vote on final passage
shall be on the resolution of the other
House.
(B) CONSIDERATION
AFTER
DISPOSITION
BY
OTHER
HOUSE.—Upon disposition of the
resolution received from the other House, it
shall no longer be in order to consider the reso-
lution that originated in the receiving House.
(6) RULES OF THE SENATE AND HOUSE.—This
subsection is enacted by Congress—
(A) as an exercise of the rulemaking power
of the Senate and House of Representatives, re-
spectively, and as such it is deemed a part of
the rules of each House, respectively, but appli-
cable only with respect to the procedure to be
105
followed in that House in the case of a resolu-
tion described in paragraph (1), and it super-
sedes other rules only to the extent that it is in-
consistent with such rules; and
(B) with full recognition of the constitu-
tional right of either House to change the rules
(so far as relating to the procedure of that
House) at any time, in the same manner, and
to the same extent as in the case of any other
rule of that House.
(h) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Account’’ means the Department
of Energy Facility Closure Account established in
subsection (e)(1).
(2) The term ‘‘Commission’’ means the Depart-
ment of Energy Facilities Closure and Reconfigura-
tion Commission.
(3) The term ‘‘congressional energy commit-
tees’’ means the Committees on Armed Services of
the Senate and House of Representatives, the Com-
mittee on Science, Space, and Technology of the
House of Representatives, and the Committee on
Energy and Natural Resources of the Senate.
(4) The term ‘‘Secretary’’ means the Secretary
of Energy.
106
SEC. 529. ALASKA POWER ADMINISTRATION SALE.
(a) SALE OF SNETTISHAM AND EKLUTNA HYDRO-
ELECTRIC PROJECTS.—(1) The Secretary of Energy may
sell the Snettisham Hydroelectric Project (referred to in
this section as ‘‘Snettisham’’) to the State of Alaska
Power Authority (now known as the Alaska Industrial De-
velopment and Export Authority, and referred to in this
section as the ‘‘Authority’’), or its successor, in accordance
with the February 10, 1989, Snettisham Purchase Agree-
ment between the Alaska Power Administration of the
United States Department of Energy and the Authority.
(2) The Secretary of Energy may sell the Eklutna
Hydroelectric Project (referred to in this section as
‘‘Eklutna’’) to the Municipality of Anchorage doing busi-
ness as Municipal Light and Power, the Chugach Electric
Association, Inc., and the Matanuska Electric Association,
Inc. (referred to in this section as ‘‘Eklutna Purchasers’’)
in accordance with the August 2, 1989, Eklutna Purchase
Agreement between the United States Department of En-
ergy and the Eklutna Purchasers.
(3) The heads of other affected Federal departments
and agencies, including the Secretary of the Interior, shall
assist the Secretary of Energy in implementing the sales
authorized by this Act.
107
(4) The Secretary of Energy shall deposit sale pro-
ceeds in the Treasury of the United States to the credit
of miscellaneous receipts.
(5) There are authorized to be appropriated such
sums as are necessary to prepare or acquire Eklutna and
Snettisham assets for sale and conveyance, such prepara-
tions to provide sufficient title to ensure the beneficial use,
enjoyment, and occupancy to the purchasers of the assets
to be sold.
(6) No later than one year after both of the sales
authorized in this subsection have occurred, as measured
by the Transaction Dates stipulated in the Purchase
Agreements, the Secretary of Energy shall—
(A) complete the business of, and close out, the
Alaska Power Administration; and
(B) prepare and submit to Congress a report
documenting the sales.
(b) ASSESSMENT OF ALTERNATIVE OPTIONS.—Be-
fore taking any action authorized in subsection (a), the
Secretary shall assess the feasibility of alternative options
for maximizing the return to the Treasury from the sale
of the Alaska Power Marketing Administration.
108
SEC. 530. FEDERAL-PRIVATE COGENERATION OF ELEC-
TRICITY.
Section 804(2)(B) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287c(2)(B)) is amended by
striking ‘‘, excluding any cogeneration process for other
than a federally owned building or buildings or other fed-
erally owned facilities’’.
SEC. 531. RESCISSION OF FUNDS FROM SPR PETROLEUM
ACCOUNT.
The unobligated balance of the funds in the SPR pe-
troleum account on the date of the enactment of this Act
is rescinded.
SEC. 532. STUDY OF TERMINATION OF HELIUM SUBSIDY.
(a) FINDINGS.—The Congress finds that—
(1) the United States Government’s helium re-
covery program was instituted in 1925, when helium
conservation was deemed to be a matter of national
security and no private sector helium recovery indus-
try existed;
(2) today, as compared to 1925, there is little
likelihood that the United States will have to field a
fleet of blimps on an emergency basis;
(3) private sources of helium are more than
adequate for serving existing and foreseeable future
national needs;
109
(4) since 1925, there has been a dramatic in-
crease in private industry’s involvement in helium
recovery, as a result of the free market discovery of
numerous commercial uses for helium;
(5) currently, private industry accounts for 90
percent of all helium extraction and consumption;
(6) the Government’s helium recovery program
currently owes the Department of the Treasury
$1,400,000,000 
and 
loses 
an 
additional
$120,000,000 yearly on interest alone, and there is
no prospect for repayment of this debt without sig-
nificant reform; and
(7) with combined public and private helium re-
serves considerably in excess of foreseeable national
helium needs, there is no longer any need for the
Federal Government to own and operate a helium
refining and marketing program.
(b) STUDY.—(1) The Secretary of the Interior, in
consultation with private industry, shall conduct a study
to determine how best to—
(A) sell or otherwise dispose of, at the best pos-
sible terms available to the United States, all facili-
ties, equipment, and other real or personal property,
or rights thereto, held by the United States in con-
nection with activities carried out under the Helium
110
Act, unless such facilities, equipment, or other real
or personal property, or rights thereto, are required
for other Federal purposes;
(B) sell or otherwise dispose of, at the best pos-
sible terms available to the United States, the he-
lium reserves held by the United States other than
amounts required for the specific immediate needs of
the Federal Government, in a manner consistent
with the orderly conduct of commercial helium mar-
kets; and
(C) ensure the full repayment of loans made
under section 12 of the Helium Act.
(2) The Secretary of the Interior shall transmit to
the Congress within one year after the date of enactment
of this Act a report containing the results of the study
conducted under paragraph (1).
SEC. 533. RESCISSION OF FUNDS FOR LOW-PRIORITY
WATER PROJECTS.
(a) CORPS
OF ENGINEERS GENERAL INVESTIGA-
TIONS.—Of the funds made available under the heading
‘‘Corps of Engineers-Civil—General Investigations’’ in the
Energy and Water Development Appropriations Act, 1994
(Pub. L. 103–126), $24,970,000 is rescinded, to be de-
rived from projects that—
111
(1) are not continuations of ongoing work
under contract;
(2) are not economically justified, or environ-
mentally beneficial in a manner commensurate with
costs;
(3) are not environmentally acceptable;
(4) are not in compliance with standard cost
sharing;
(5) do not have available the necessary non-
Federal sponsorship and funding;
(6) represent a Federal assumption of tradition-
ally non-Federal responsibility; or
(7) have not completed normal executive branch
project review requirements.
(b) CORPS OF ENGINEERS CONSTRUCTION.—Of the
funds made available under the heading ‘‘Corps of Engi-
neers-Civil—Construction, General’’ in the Energy and
Water Development Appropriations Act, 1994 (Pub. L.
103–126), $97,319,000 is rescinded, to be derived from
projects that—
(1) are not continuations of ongoing work
under contract;
(2) are not economically justified, or environ-
mentally beneficial in a manner commensurate with
costs;
112
(3) are not environmentally acceptable;
(4) are not in compliance with standard cost
sharing;
(5) do not have available the necessary non-
Federal sponsorship and funding;
(6) represent a Federal assumption of tradition-
ally non-Federal responsibility; or
(7) have not completed normal executive branch
project review requirements.
(c) BUREAU OF RECLAMATION.—Of the funds made
available under the heading ‘‘Department of the Inte-
rior—Bureau of Reclamation—Construction Program’’ in
the Energy and Water Development Appropriations Act,
1994 (Pub. L. 103–126), $16,000,000 is rescinded, to be
derived from projects that—
(1) are not continuations of ongoing work
under contract;
(2) in the case of new projects, are inconsistent
with the priorities of the Secretary of the Interior;
(3) are not environmentally beneficial in a man-
ner commensurate with costs; or
(4) do not have available the necessary non-
Federal cost sharing.
113
SEC. 534. PREFERENCE FOR INTERIM MEASURES IN
SUPERFUND RESPONSE ACTIONS.
(a) AMENDMENT OF CERCLA.—Section 121(a) of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9621(a)) is
amended by adding at the end the following: ‘‘Notwith-
standing any other provision of this Act, in selecting ap-
propriate remedial actions in any record of decision issued
on or after October 1, 1994, the President shall give a
preference to the use of institutional controls (such as
deed and access restrictions, monitoring, and provision of
alternate water supplies), containment methods (including
caps, slurry walls, and surface water diversion), and other
interim measures, rather than permanent treatment tech-
nologies, if such measures are sufficient to assure the pro-
tection of human health and the environment.’’.
(b) CLEANUP STANDARDS.—Section 121(d)(2) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9621(d)(2)) shall
not apply to any remedial action described in the amend-
ment made by subsection (a).
(c) AUTHORIZATION OF APPROPRIATIONS.—(1) Sec-
tion 517(b) of the Superfund Amendments and Reauthor-
ization Act of 1986 is amended by striking ‘‘and’’ at the
end of paragraph (8), by striking paragraph (9) and by
inserting the following after paragraph (8):
114
‘‘(9) 1995, $1,065,536,000,
‘‘(10) 1996, $1,100,198,000,
‘‘(11) 1997, $1,254,824,000, and
‘‘(12) 1998, $1,321,018,000,’’.
(2) Section 9507(c) of the Internal Revenue Code of
1986 is amended by adding the following new paragraph
at the end thereof:
‘‘(3) LIMITATION
ON
APPROPRIATIONS
FROM FUND.—For fiscal years 1995, 1996,
1997, and 1998, the total of all amounts au-
thorized to be appropriated from the Superfund
shall not exceed the amounts specified in para-
graphs (9) through (12) of the Superfund
Amendments 
and 
Reauthorization 
Act 
of
1986.’’.
(d) REPORT
REQUIREMENT.—(1) The President
shall submit to Congress a report, during each of the 5
years listed in paragraph (2), on the use of measures
under the last sentence of section 121(a) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621), as required by
the amendment made by subsection (a). The report shall
cover the preceding fiscal year and shall include the esti-
mated savings resulting from the use of such measures
in comparison to using permanent treatment technologies.
115
(2) The President shall submit the report required
by paragraph (1) by December 1 of 1995, 1996, 1997,
1998, and 1999.
SEC. 535. RESERVATION OF FUNDS FOR DISASTER RELIEF.
(a) ESTABLISHMENT
OF DISASTER RELIEF AC-
COUNT.—On the date of the enactment of this Act the
Secretary of the Treasury shall establish a Disaster Relief
Account within the Office of the Secretary of the Treas-
ury.
(b) RESERVATION OF FUNDS.—For each domestic
discretionary spending account, the head of each Federal
agency shall transfer 1 percent of all funds appropriated
for each fiscal year beginning after September 30, 1993,
to the account established under subsection (a) upon en-
actment of the appropriations Act for the agency for the
fiscal year.
(c) TRANSFER OF FUNDS.—Upon enactment of an
emergency disaster supplemental appropriations Act, the
Secretary of the Treasury shall transfer such sums as are
specified in such Act with respect to a disaster declared
by the President from the Disaster Relief Account to the
accounts specified by such Act.
(d) USE OF DISASTER RELIEF ACCOUNT PRIOR TO
PROVISION
OF
EMERGENCY
FUNDS
IN
EXCESS
OF
CAPS.—All funds in the Disaster Relief Account estab-
116
lished under subsection (a) shall be exhausted before any
funds shall be made available pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(e) RELEASE OF FUNDS.—Any funds reserved under
subsection (b) for a fiscal year which have not been trans-
ferred under subsection (c) by August 1 of such fiscal year
shall after that date be returned to the account from which
they were reserved in an amount proportionate to the
amount originally reserved under subsection (b) if no
emergency disaster supplemental appropriations bill has
been reported from a committee of, or passed by, the
House of Representatives or the Senate. If such a bill has
been so reported or passed by August 1, such funds as
may be required by such bill shall be retained in the Disas-
ter Relief Account established under subsection (a) until
transferred under subsection (c). Any funds in excess of
those required for such bill shall be returned to the ac-
counts from which they were reserved in an amount pro-
portionate to the amount originally reserved under sub-
section (b) upon enactment of such bill as law.
(f) DEFINITION.—For purposes of this section, the
term ‘‘domestic discretionary spending account’’ means
each budget account that was for purposes of section
601(a) of the Congressional Budget Act of 1974 consid-
117
ered to be with respect to fiscal year 1993 within the do-
mestic discretionary category, and each new account not
classified as within function 050 or 150.
(g) RESCISSION
OF FUNDS.—Of the funds made
available under the heading ‘‘Federal Emergency Manage-
ment Agency—Disaster Relief’’ in the Departments of
Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1994 (Pub.
L. 103–124), $15,000,000 is rescinded.
SEC. 536. ELIMINATION OF WEATHER OFFICE CLOSURE
CERTIFICATION PROCEDURES.
(a) IN GENERAL.—Title VII of the National Oceanic
and Atmospheric Administration Authorization Act of
1992 is repealed.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the repeal made by subsection (a) will not
result in a degradation of weather forecasting service.
(c) RESCISSION
OF FUNDS.—Of the funds made
available under the heading ‘‘National Oceanic And At-
mospheric Administration—Operations, Research, and
Facilities’’ in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103–121), $20,000,000 is rescinded,
to be derived from the National Weather Service.
118
SEC. 537. RESCISSION OF FUNDS FOR NOAA RESEARCH
FLEET.
Of the funds made available under the heading ‘‘Na-
tional Oceanic And Atmospheric Administration—Fleet
Modernization, Shipbuilding and Conversion’’ in the De-
partments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1994 (Pub. L.
103–121), $77,064,000 is rescinded.
SEC. 538. RESCISSION OF FUNDS FOR NOAA ADD-ONS.
Of the funds made available under the heading ‘‘Na-
tional Oceanic And Atmospheric Administration’’ in the
Departments of Commerce, Justice, and State, the Judici-
ary, and Related Agencies Appropriations Act, 1994 (Pub.
L. 103–121), there are rescinded the following amounts
from the following accounts:
(1) ‘‘Operations, Research, and Facilities’’,
$71,298,000.
(2) ‘‘Construction’’, $29,840,000.
(3) ‘‘Aircraft Procurement and Modernization’’,
$43,000,000.
SEC. 539. STUDY CONCERNING MERGER OF BUREAU OF
RECLAMATION AND UNITED STATES ARMY
CORPS OF ENGINEERS.
(a) FINDING.—The Congress finds—
(1) that similar functions should be adminis-
tered in the same agency;
119
(2) that the Bureau of Reclamation is currently
reevaluating its mission; and
(3) now is the proper time for the Bureau of
Reclamation and the Corps of Engineers to evaluate
the feasibility of a merger.
(b) STUDY.—Not later than one year after the date
of enactment of this Act, the Secretary of the Interior,
acting through the Commissioner of Reclamation, and the
Secretary of the Army, acting through the Chief of Engi-
neers, shall jointly conduct a study and submit a report
to the Congress on merging the Bureau of Reclamation
with the Corps of Engineers. The study shall include an
examination of the administrative efficiencies that could
be achieved in addition to the change and reorganization
referred to in subsection (a), including—
(1) a the financial savings through administra-
tive efficiency that would be obtained through such
a merger; and
(2) the realignment of water projects such that
similar projects are treated in a similar manner.
SEC. 540. RESCISSION OF FUNDS FOR AGRICULTURE
BUILDING AND FACILITIES ACCOUNT.
Of the funds made available under the heading ‘‘Co-
operative State Research Service—Buildings and Facili-
ties’’ in the Agriculture, Rural Development, Food and
120
Drug Administration, and Related Agencies Appropria-
tions Act, 1994 (Pub. L. 103–111), $56,874,000 is re-
scinded.
SEC. 541. REPEAL OF AUTHORIZATIONS FOR THE AIRWAY
SCIENCE PROGRAM, COLLEGIATE TRAINING
INITIATIVE, 
AND 
AIR 
CARRIER 
MAINTE-
NANCE 
TECHNICIAN 
TRAINING 
FACILITY
GRANT PROGRAM.
(a) AIRWAY SCIENCE PROGRAM.—All authority for—
(1) the Secretary of Transportation to enter
into grant agreements with universities or colleges
having an airway science curriculum recognized by
the Federal Aviation Administration for conducting
demonstration projects with respect to the develop-
ment, advancement, and expansion of airway science
programs, and
(2) the Federal Aviation Administration to
enter into competitive grant agreements with institu-
tions of higher education having airway science cur-
ricula,
and all authorizations to appropriate funds for such pur-
poses, including all authorizations for which funds were
appropriated for such purposes under the heading ‘‘Fed-
eral Aviation Administration, Facilities and Equipment’’
121
in the Department of Transportation and Related Agen-
cies Appropriations Acts, 1994 are repealed.
(b) COLLEGIATE
TRAINING
INITIATIVE.—Section
362 of the Department of Transportation and Related
Agencies Appropriations Act, 1993 (106 Stat. 1560) is re-
pealed. Notwithstanding such repeal, the Administrator of
the Federal Aviation Administration may continue to con-
vert appointment of persons who have been appointed pur-
suant to such section prior to the effective date of this
Act from the excepted service to a career conditional or
career appointment in the competitive civil service, pursu-
ant to subsection (c) of such section.
(c) 
AIR
CARRIER
MAINTENANCE
TECHNICIAN
TRAINING FACILITY GRANT PROGRAM.—Section 119 of
the Airport and Airway Safety, Capacity, Noise Improve-
ment, and Intermodal Transportation Act of 1992 (49
U.S.C. App. 1354 note; 106 Stat. 4883–4884) is repealed.
(d) RESCISSION OF FUNDS.—
(1) FAA OPERATIONS.—Of the funds made
available under the heading ‘‘Federal Aviation Ad-
ministration—Operations’’ in the Department of
Transportation and Related Agencies Appropriations
Act, 1994 (Pub. L. 103–122), $2,750,000 is re-
scinded, to be derived from grants to the Mid-Amer-
122
ican Aviation Resource Consortium and vocational
technical institutions.
(2) FAA FACILITIES AND EQUIPMENT.—Of the
unobligated balance of funds made available under
the heading ‘‘Federal Aviation Administration—Fa-
cilities and Equipment’’ in appropriations Acts for
fiscal year 1994 and prior fiscal years, $40,257,111
is rescinded, to be derived from the airway science
program.
SEC. 542. REPEAL OF NATIONAL RECREATIONAL TRAILS
PROGRAM.
The Symms National Recreational Trails Act of 1991
(16 U.S.C. 1261–1262; 105 Stat. 2064–2069) is repealed.
SEC. 543. RESCISSION OF FUNDS FOR EDA.
Of the funds made available under the heading ‘‘Eco-
nomic Development Administration—Economic Develop-
ment Assistance Programs’’ in the Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103–121),
$159,892,000 is rescinded.
SEC. 544. ELIMINATION OF FUNDING FOR PUBLIC TELE-
COMMUNICATIONS FACILITIES.
(a) REPEAL
OF AUTHORIZATION
OF APPROPRIA-
TIONS.—Subpart A of Part IV of title III of the Commu-
nications Act of 1934 (47 U.S.C. 390–393a) is repealed.
123
(b) RESCISSION
OF FUNDS.—Of the funds made
available under the heading ‘‘National Telecommuni-
cations and Information Administration—Public Tele-
communications Facilities, Planning and Construction’’ in
the Departments of Commerce, Justice, and State, the Ju-
diciary, and Related Agencies Appropriations Act, 1994
(Pub. L. 103–121), $24,000,000 is rescinded.
SEC. 545. MORATORIUM ON CONSTRUCTION AND ACQUISI-
TION OF NEW FEDERAL BUILDINGS.
(a) GENERAL RULE.—After the date of the enact-
ment of this Act and before October 1, 1998, the Adminis-
trator of General Services may not obligate any funds for
construction or acquisition of any public building under
the authority of the Public Buildings Act of 1959 or any
other provision of law (other than a public building under
construction or under contract for acquisition on such date
of enactment).
(b) PUBLIC BUILDING DEFINED.—In this section,
the term ‘‘public building’’ has the meaning such term has
under the Public Buildings Act of 1959.
Subtitle C—Government
Management
SEC. 551. GOVERNMENT INFORMATION DISSEMINATION
AND PRINTING IMPROVEMENT.
(a) TRANSFER OF FUNCTIONS.—
124
(1) PUBLIC PRINTER.—The position of Public
Printer and all functions of the position of Public
Printer (other than functions of the Superintendent
of Documents) under title 44, United States Code,
or any other provision of law are transferred from
the legislative branch of the Government to the exec-
utive branch of the Government.
(2) SUPERINTENDENT
OF
DOCUMENTS.—The
position of Superintendent of Documents and all
functions of the position of Superintendent of Docu-
ments under title 44, United States Code, or any
other provision of law are transferred to the Library
of Congress and shall be carried out by the Super-
intendent of Documents under the direction of the
Librarian of Congress. The Superintendent of Docu-
ments shall be appointed by, and serve at the pleas-
ure of, the Librarian of Congress.
(3) REVOCATION OF CHARTERS.—All printing
plant charters authorized under section 501 of title
44, United States Code, are revoked.
(4) EFFECTIVE
DATE.—The transfer under
paragraph (1) and the revocation under paragraph
(3) shall each take effect 2 years after the date of
the enactment of this Act. The transfer under para-
125
graph (2) shall take effect one year after the date
of the enactment of this Act.
(b) GOVERNMENT PUBLICATIONS TO BE AVAILABLE
THROUGHOUT THE GOVERNMENT.—All Government pub-
lications shall be available throughout the Government to
any department, agency, or entity of the Government for
use or redissemination.
(c) INVENTORY AND FURNISHING OF GOVERNMENT
PUBLICATIONS.—Each department, agency, and other en-
tity of the Government shall—
(1) establish and maintain a comprehensive in-
ventory of its Government publications;
(2) make such inventory available through the
electronic directory under chapter 41 of title 44,
United States Code; and
(3) in the form and manner prescribed by the
Superintendent of Documents, furnish its Govern-
ment publications to the Superintendent of Docu-
ments.
(d) ADDITIONAL RESPONSIBILITIES OF THE PUBLIC
PRINTER.—
(1) IN
GENERAL.—The Public Printer shall,
with respect to the executive branch of the Govern-
ment and the judicial branch of the Government—
126
(A) use all necessary measures to remedy
neglect, delay, duplication, and waste in the
public printing and binding of Government pub-
lications, including the reduction and elimi-
nation of internal printing and high-speed du-
plicating capacities of departments, agencies,
and entities;
(B) 
prescribe 
Government 
publishing
standards, which, to the greatest extent prac-
ticable, shall be consistent with the United
States Government Printing Office Style Man-
ual;
(C) prescribe Government procurement
and manufacturing requirements for printing
paper and writing paper, which, to the greatest
extent practicable, shall be consistent with Gov-
ernment Paper Specification Standards;
(D) authorize the acquisition and transfer
of equipment requisitioned by publishing facili-
ties authorized under section 501 of title 44,
United States Code;
(E) authorize the disposal of such equip-
ment pursuant to section 312 of title 44,
United States Code; and
127
(F) establish policy for the acquisition of
printing, which, to the greatest extent prac-
ticable, shall be consistent with (i) Printing
Procurement 
Regulation 
(GPO 
Publication
305.3), (ii) Government Printing and Binding
Regulations (JCP No. 26), and (ii) Printing
Procurement 
Department 
Instruction
(PP304.1B).
(2) POLICY STANDARDS.—The policy referred
to in paragraph (1)(F) shall be formulated to maxi-
mize competitive procurement from the private sec-
tor. Government in-house printing and duplicating
operations authorized under section 501 of title 44,
United States Code, or otherwise authorized by law,
may be used if they provide printing at the lowest
cost to the Government, taking into consideration
the total expense of production, materials, labor,
equipment, and general and administrative expense,
including all levels of overhead.
(e) ADDITIONAL RESPONSIBILITIES OF THE SUPER-
INTENDENT OF DOCUMENTS.—
(1) GOVERNMENT PUBLICATIONS TO BE FUR-
NISHED
TO
THE
SUPERINTENDENT
OF
DOCU-
MENTS.—If a department, agency, or other entity of
the Government publishes a Government publication,
128
the head of the department, agency, or entity shall
furnish the Government publication to the Super-
intendent of Documents not later than the date of
release of the material to the public.
(2) DISSEMINATION
OR
REPUBLICATION.—In
addition to any other dissemination provided for by
law, the Superintendent of Documents shall dissemi-
nate or republish Government publications, if, as de-
termined by the Superintendent, the dissemination
by the department, agency, or entity of the Govern-
ment is inadequate. The Superintendent shall have
authority to carry out the preceding sentence by ap-
propriate means, including the dissemination and re-
publication of Government publications furnished
under paragraph (1), with the cost of dissemination
and republication to be borne by the department,
agency, or entity involved.
(3) COST.—The cost charged to the public by
the superintendent of documents under paragraph
(2) for any government publication (whether such
government publication is made available to the pub-
lic by a department, agency, or entity of the govern-
ment, or by the superintendent of documents) may
include the incremental cost of dissemination, but
may not include any profit.
129
(f) DEPOSITORY LIBRARIES..—In addition to any
other distribution provided for by law, the Superintendent
of Documents shall make Government publications avail-
able to designated depository libraries and State libraries.
The Superintendent shall have authority to carry out the
preceding sentence by appropriate means, including the
dissemination and republication of Government publica-
tions furnished under subsection (e)(1), with the cost of
dissemination and republication to be borne by the depart-
ment, agency, or entity involved.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘Government publication’’ means
any informational matter that is published at Gov-
ernment expense, or as required by law; and
(2) the term ‘‘publish’’ means, with respect to
informational matter, make available for dissemina-
tion.
SEC. 552. SENSE OF CONGRESS REGARDING REORGANIZA-
TION OF BUREAU OF INDIAN AFFAIRS.
It is the sense of the Congress that—
(1) the Bureau of Indian Affairs should be re-
organized, with special attention given to reorganiz-
ing the Bureau’s 12 area offices into not more than
5 regional service centers and 2 special service of-
fices; and
130
(2) such reorganization should be pursued in
coordination with the Task Force on Bureau of In-
dian Affairs reorganization, as provided in the De-
partment of the Interior and Related Agencies Ap-
propriations Act, 1994 (Pub. L. 103–138).
SEC. 553. RESCISSION OF FUNDS FOR PRINTING AND RE-
PRODUCTION AND FOR SUPPLIES AND MATE-
RIALS.
(a) IN GENERAL.—Of the funds made available in
appropriations Acts for fiscal year 1994 to the following
agencies for printing and reproduction and for supplies
and materials, the following amounts are rescinded:
(1) Department of Agriculture, $186,000,000.
(2) Department of Commerce, $6,000,000.
(3) Department of Health and Human Services,
$22,400,000.
(4) Department of the Interior, $14,400,000.
(5) Department of Justice, $15,600,000.
(6) Department of Labor, $2,000,000.
(7) Department of State, $4,400,000.
(8) Department of the Treasury, $13,200,000.
(9) Department of Education, $400,000.
(10) Department of Energy, $2,800,000.
(11) 
Environmental 
Protection 
Agency,
$11,200,000.
131
(12) 
Department 
of 
Transportation,
$33,200,000.
(13) Department of Housing and Urban Devel-
opment, $240,000.
(14) 
Department 
of 
Veterans 
Affairs,
$97,200,000.
(b) ALLOCATION.—The Director of the Office of
Management and Budget shall allocate the rescissions
made by subsection (a) among the appropriate accounts,
and shall submit to the Congress a report setting forth
such allocation.
SEC. 554. STREAMLINING OF DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT.
(a) IN GENERAL.—During the 5-year period begin-
ning on the date of the enactment of this Act, the Sec-
retary of Housing and Urban Development shall stream-
line the headquarters, regional, and field office structure
of the Department of Housing and Urban Development
by consolidating various such offices and reducing the size
of the Department, without regard to the requirements of
section 7(p) of the Department of Housing and Urban De-
velopment Act.
(b) WORKFORCE REDUCTIONS.—In carrying out sub-
section (a), during the period referred to in such sub-
section, the Secretary of Housing and Urban Development
132
shall eliminate not less than 1,500 full-time employment
positions in the Department of Housing and Urban Devel-
opment.
SEC. 555. TERMINATION OF INTERSTATE COMMERCE COM-
MISSION.
(a) IN GENERAL.—There are transferred to the Sec-
retary, effective January 1, 1994, all functions of the
Commission.
(b) AUTHORITY OF OFFICE OF MANAGEMENT AND
BUDGET.—The Director of the Office of Management and
Budget, in consultation with the Commission and the Sec-
retary, may make such determinations as may be nec-
essary with regard to the functions transferred by this sec-
tion, and make such additional incidental dispositions of
assets, liabilities, contracts, property, and records, as may
be necessary to carry out the provisions of this section.
The unobligated funds of the Commission shall not be
transferred to the Department of Transportation in order
to carry out the transfer of functions under this section,
and the number of full-time employee positions within the
Department of Transportation shall not be increased as
a result of such transfer of functions.
(c) JOINT PLANNING FOR TRANSFER.—The Chair-
man of the Commission and the Secretary shall, beginning
as soon as practicable after the date of enactment of this
133
section, jointly plan for the orderly transfer of functions
under this section.
(d) INTERIM USE OF INTERSTATE COMMERCE COM-
MISSION PERSONNEL.—Prior to January 1, 1994, and
with the consent of the Commission, the Secretary may
use the services of officers, employees, and other personnel
of the Commission under such terms and conditions as
will reasonably facilitate the orderly transfer of functions
under this section.
(e) SAVINGS PROVISIONS.—
(1) IN GENERAL.—All orders, determinations,
rules, regulations, permits, contracts, certificates, li-
censes, and privileges—
(A) which have been issued, made, grant-
ed, or allowed to become effective by any agency
or official thereof, or by a court of competent
jurisdiction, in the performance of any function
which is transferred by this section to the Sec-
retary from the Commission; and
(B) which are in effect immediately before
the transfer of functions by this section,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the Secretary or
134
any other duly authorized official, by any court of
competent jurisdiction, or by operation of law.
(2) CONTINUATION
OF
PROCEEDINGS.—The
transfer of functions by this section shall not affect
any proceedings, including rulemaking proceedings,
or any application for any license, permit, or certifi-
cate, pending before the Commission immediately
before the transfer takes effect. Such proceedings
and applications shall be continued at the Depart-
ment of Transportation. Orders shall be issued in
such proceedings, and appeals shall be taken there-
from, as if this section had not been enacted; and
orders issued in any such proceedings shall continue
in effect until modified, terminated, superseded, or
revoked by the Secretary of Transportation, by a
court of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any
such proceeding under the same terms and condi-
tions and to the same extent that such proceeding
could have been discontinued or modified if this sec-
tion had not been enacted.
(3) EFFECT ON PENDING CIVIL ACTIONS.—Ex-
cept as provided in paragraph (5)—
135
(A) the transfer of any function under this
section shall not affect any civil action relating
to such function which is commenced prior to
the date the transfer takes effect; and
(B) in all such actions, proceedings shall
be had, appeals taken, and judgments rendered,
in the same manner and effect as if this section
had not been enacted.
(4) NONABATEMENT OF ACTIONS.—No action
or other proceeding commenced by or against any
officer in that officer’s official capacity as an officer
of the Commission shall abate by reason of the
transfer of any function under this section. No cause
of action by or against the Commission, or by or
against any officer thereof in that officer’s official
capacity, shall abate by reason of the transfer of any
function under this section.
(5) JUDICIAL ADMINISTRATIVE PROVISION.—If
immediately before the transfer of functions by this
section the Commission or any officer thereof in that
officer’s official capacity is a party to an action re-
lating to a function transfer by this section, then
such action shall be continued with the Secretary or
other appropriate official of the Department of
Transportation substituted or added as a party.
136
(6) REFERENCES.—With respect to any func-
tion transferred by this section and performed on or
after the effective date of the transfer, reference in
any Federal law to the Interstate Commerce Com-
mission or the Commission (insofar as such term re-
fers to the Interstate Commerce Commission), or to
any officer or office thereof, shall be deemed to refer
to the Department of Transportation, or other offi-
cial or component of the Department of Transpor-
tation in which such function vests.
(7) 
EXERCISE
OF
FUNCTIONS
BY
SEC-
RETARY.—In the exercise of any function trans-
ferred by this section, the Secretary shall have the
same authority as that vested in the Commission
with respect to such function immediately preceding
its transfer, and actions of the Secretary shall have
the same force and effect as when exercised by the
Commission. Orders and actions of the Secretary in
the exercise of the functions transferred under this
section shall be subject to judicial review to the same
extent and in the same manner as if such orders and
actions had been by the Commission in the exercise
of such functions immediately preceding their trans-
fer. Any statutory requirements relating to notice,
hearings, actions upon the record, or administrative
137
review that apply to any functions transferred by
this section shall apply to the exercise of such func-
tions by the Secretary.
(f) REPORTS.—No later than July 1, 1994, the Sec-
retary shall submit to the appropriate committees of Con-
gress a report on the functions transferred from the Com-
mission to the Department of Transportation under this
section. The report shall include—
(1) an assessment of benefits compared to costs
associated with each of these functions, both with re-
spect to persons affected directly and to the public
generally;
(2) recommendations for the elimination of
functions identified as redundant, or substantially
the same as functions or services which are per-
formed by the Department of Transportation or
other public or private organizations prior to the
transfer of functions under this section; and
(3) recommendations to modify or eliminate
those functions that do not provide substantial eco-
nomic or safety benefits to the general public.
(g) CONFORMING AMENDMENTS.—
(1) EXECUTIVE LEVEL PAY RATES.—
138
(A) Section 5314 of title 5, United States
Code, is amended by striking ‘‘Chairman, Inter-
state Commerce Commission.’’.
(B) Section 5315 of title 5, United States
Code, is amended by striking ‘‘Members, Inter-
state Commerce Commission.’’.
(2) TERMINATION
OF
COMMISSION.—Sections
10301 through 10308 of title 49, United States
Code, are repealed.
(3) EFFECTIVE DATE.—The amendments made
by this section shall become effective on January 1,
1994.
(h) DEFINITIONS.—In this section—
(1) the term ‘‘Commission’’ means the Inter-
state Commerce Commission;
(2) the term ‘‘function’’ means a function,
power, or duty; and
(3) the term ‘‘Secretary’’ means the Secretary
of Transportation.
(i) RESCISSION AND TRANSFER OF FUNDS.—Of the
funds made available under the heading ‘‘Interstate Com-
merce Commission—Salaries and Expenses’’ in the De-
partment of Transportation and Related Agencies Appro-
priations Act, 1994 (Pub. L. 103–122)—
(1) $18,000,000 is rescinded; and
139
(2) $15,000,000 shall be transferred to and
merged with the appropriation in such Act for ‘‘DE-
PARTMENT OF TRANSPORTATION—OFFICE
OF THE SECRETARY—Immediate Office of the
Secretary’’.
SEC. 556. RESCISSION OF FUNDS FROM TENNESSEE VAL-
LEY AUTHORITY FUND.
Of the funds in the Area and Regional Account of
the Tennessee Valley Authority Fund, $23,000,000 is re-
scinded.
SEC. 557. RESCISSION OF FUNDS FOR APPALACHIAN RE-
GIONAL COMMISSION.
Of the funds made available under the heading ‘‘Ap-
palachian Regional Commission’’ in the Energy and Water
Development Appropriations Act, 1994 (Pub. L. 103–
126), $59,000,000 is rescinded.
SEC. 558. IMPROVEMENTS TO MANAGMENT OF VETERANS’
HOSPITALS.
The Secretary of Veterans Affairs, in consultation
with the Secretary of Health and Human Services, shall
implement for the Veterans Health Administration a fi-
nancing system known as a ‘‘Prospective Payment Sys-
tem’’. In implementing such a system, the Secretary shall
classify each individual receiving health care and services
under chapter 17 of title 38, United States Code, in a
140
Diagnosis-Related Group (DRG). The Prospective Pay-
ment System implemented by the Secretary shall be mod-
eled as closely as is practicable on the Prospective Pay-
ment System in use for the Medicare program under title
XVIII of the Social Security Act. The Secretary may, to
the extent necessary to implement this section, waive any
provisions of law inconsistent with this section. In imple-
menting this section, it shall be a goal of the Secretary
to achieve savings in outlays for the Department of Veter-
ans 
Affairs 
medical 
system 
of 
not 
less 
than
$1,000,000,000 over the five-year period of fiscal years
1994 through 1998.
SEC. 559. RESCISSION OF FUNDS FOR LEGAL SERVICES
CORPORATION.
Of the funds made available under the heading
‘‘Legal Services Corporation—Payment to the Legal Serv-
ices Corporation’’ in the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies Ap-
propriations Act, 1994 (Pub. L. 103–121), $20,000,000
is rescinded.
SEC. 560. TERMINATION OF STATE JUSTICE INSTITUTE.
(a) IN GENERAL.—The State Justice Institute Act
of 1984 (42 U.S.C. 10701 et seq.) is repealed.
(b) RESCISSION
OF FUNDS.—Of the funds made
available under the heading ‘‘State Justice Institute—Sal-
141
aries and Expenses’’ in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1994 (Pub. L. 103–121), $6,775,000
is rescinded.
SEC. 561. IMPROVEMENT OF U.S. MARSHALS SERVICE.
(a) PHASING OUT OF POLITICAL APPOINTEES.—
(1) UNCONFIRMED APPOINTEES.—Any individ-
ual serving as a United States marshal to whose ap-
pointment to such office the Senate has not given its
advice and consent as of the date of the enactment
of this Act, may no longer serve in such position on
or after such date of enactment, except pursuant to
appointment by the Attorney General under the
amendments made by this section. The Attorney
General shall, before appointing any other individual
to such vacated position, offer such vacated position
to the individual then serving as deputy marshal in
that office of United States marshal. The individual
appointed to fill such vacated position shall be ap-
pointed for the remainder of the unexpired term of
his or her predecessor.
(2) CONFIRMED APPOINTEES.—Any individual
who, on the date of the enactment of this Act, is a
United States marshal to whose appointment the
Senate has given its advice and consent, may not
142
serve in such position on or after December 31,
1994, except pursuant to appointment by the Attor-
ney General under the amendments made by this
section. The Attorney General shall, before appoint-
ing any other individual to such vacated position,
offer such vacated position to the individual then
serving as deputy marshal in that office of United
States marshal. The individual appointed to fill such
vacated position shall be appointed for the remain-
der of the unexpired term of his or her predecessor.
(b) APPOINTMENT
OF
UNITED
STATES
MAR-
SHALS.—Section 561 of title 28, United States Code, is
amended—
(1) in subsection (c) by striking ‘‘The President
shall appoint, by and with the advice and consent of
the Senate,’’ and inserting ‘‘The Attorney General
shall appoint’’; and
(2) in subsection (d) by striking ‘‘President’’
and inserting ‘‘Attorney General’’.
(c) OVERALL REDUCTION
IN NUMBER
OF POSI-
TIONS.—
(1) ELIMINATION
OF
POSITIONS
OF
DEPUTY
MARSHAL.—The position of deputy marshal in the
70 judicial districts having the least population of all
judicial districts shall be abolished, as of—
143
(A) the date of the enactment of this Act,
in a case in which subsection (a)(1) applies; or
(B) the date on which the United States
marshal leaves office under the first sentence of
subsection (a)(2), in a case in which such sub-
section applies;
and no equivalent position in such districts shall
thereafter be created.
(2) OVERALL
REDUCTION.—The number of
full-time equivalent positions in the United States
Marshals Service as of January 1, 1995, may not
exceed the number of full-time equivalent positions
in the United States Marshals Service on the date
of the enactment of this Act, minus 70.
(d) CONFORMING AMENDMENTS.—(1) Section 562 of
title 28, United States Code, and the item relating to such
section in the table of sections at the beginning of chapter
37 of such title, are repealed.
(2) Section 569 of such title is amended—
(A) by striking ‘‘(a)’’; and
(B) by striking subsection (b).
SEC. 562. RESCISSION OF FUNDS FOR BATF.
Of the funds made available under the heading ‘‘Bu-
reau of Alcohol, Tobacco and Firearms—Salaries and Ex-
penses’’ in the Treasury, Postal Service, and General Gov-
144
ernment Appropriations Act, 1994 (Pub. L. 103–123),
$2,000,000 is rescinded.
SEC. 563. RESCISSION OF FUNDS FOR CONSTRUCTION OF
NEW FEDERAL OFFICES AND COURTHOUSES.
Of the funds made available under the heading ‘‘Gen-
eral Services Administration—Federal Buildings Fund’’
in the Treasury, Postal Service, and General Government
Appropriations 
Act, 
1994 
(Pub. 
L. 
103–123),
$288,000,000 is rescinded.
SEC. 564. LIMITATION ON OFFICE EQUIPMENT AND FUR-
NISHINGS PURCHASES BY DEPARTING MEM-
BERS OF HOUSE OF REPRESENTATIVES.
The first section of the Act entitled ‘‘An Act to au-
thorize the disposition of certain office equipment and fur-
nishings, and for other purposes’’, enacted October 20,
1974 (2 U.S.C. 59a) is repealed.
SEC. 565. RESCISSION OF FUNDS FOR EXECUTIVE OFFICE
OF THE PRESIDENT.
(a) IN GENERAL.—Of the funds made available for
each account under the heading ‘‘Executive Office of the
President and Funds Appropriated to the President’’ in
the Treasury, Postal Service, and General Government
Appropriations Act, 1994 (Pub. L. 103–123), there is re-
scinded an amount equal to 5 percent of such funds.
145
(b) ADDITIONAL OFFICES.—Of the funds made avail-
able for each account under the heading ‘‘Executive Office
of the President’’ in the Departments of Veterans Affairs
and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1994 (Pub. L. 103–124),
there is rescinded an amount equal to 5 percent of such
funds.
SEC. 
566. 
RESCISSION 
OF 
FUNDS 
FOR 
LEGISLATIVE
BRANCH.
(a) IN GENERAL.—Of the funds made available for
each account in the Legislative Branch Appropriations
Act, 1994 (Pub. L. 103–69), there is rescinded an amount
equal to 7.5 percent of such funds.
(b) EXCEPTIONS.—Subsection (a) shall not apply
to—
(1) funds made available under the heading
‘‘Congressional Operations—Senate’’; or
(2) funds for which amounts are rescinded by
section 317.
SEC. 567. RESCISSION OF FUNDS FOR HOUSE FRANKING.
Of the funds made available under the heading
‘‘House of Representatives—Salaries and Expenses’’ in
the Legislative Branch Appropriations Act, 1994 (Pub. L.
103–69), $12,000,000 is rescinded, to be derived from
‘‘Official Mail Costs’’.
146
SEC. 568. PROVISIONS RELATING TO ANNUAL PAY ADJUST-
MENTS FOR MEMBERS OF CONGRESS.
(a) CALENDAR YEAR 1994.—Notwithstanding sec-
tion 601(a)(2) of the Legislative Reorganization Act of
1946 (2 U.S.C. 31(2)), the cost of living adjustment (re-
lating to pay for Members of Congress) which would be-
come effective under such provision of law during calendar
year 1994 shall not take effect.
(b) LIMITATION ON FUTURE ADJUSTMENTS.—Effec-
tive as of December 31, 1994, paragraph (2) of section
601(a) of the Legislative Reorganization Act of 1946 is
amended—
(1) by striking ‘‘(2) Effective’’ and inserting
‘‘(2)(A) Subject to subparagraph (B), effective’’; and
(2) by adding at the end the following:
‘‘(B) In no event shall the percentage adjustment tak-
ing effect under subparagraph (A) in any calendar year
exceed the percentage adjustment taking effect in such
calendar year under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule.’’.
SEC. 569. SES ANNUAL LEAVE ACCUMULATION.
(a) IN GENERAL.—Effective on the last day of the
last applicable pay period beginning in calendar year
1993, subsection (f) of section 6304 of title 5, United
States Code, is repealed.
147
(b) 
SAVINGS
PROVISION.—Notwithstanding 
the
amendment made by subsection (a), in the case of an em-
ployee who, on the effective date of subsection (a), is sub-
ject to subsection (f) of section 6304 of title 5, United
States Code, and who has to such employee’s credit annual
leave in excess of the maximum accumulation otherwise
permitted by subsection (a) or (b) of section 6304, such
excess annual leave shall remain to the credit of the em-
ployee and be subject to reduction, in the same manner
as provided in subsection (c) of section 6304.
(c) CONFORMING AMENDMENT.—Section 6304(a) of
title 5, United States Code, is amended by striking ‘‘(e),
(f), and (g)’’ and inserting ‘‘(e) and (g)’’, effective as of
the effective date of subsection (a).
(d) RESCISSION OF FUNDS.—Of the aggregate funds
made available to executive departments and agencies in
appropriations Act for fiscal year 1994 for purposes of
payments for accrued leave upon termination of employ-
ment, $2,000,000 is rescinded. The Director of the Office
of Management and Budget shall allocate such rescission
among the appropriate accounts, and shall submit to the
Congress a report setting forth such allocation.
148
SEC. 570. 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-
149
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.—Any provision of this section may be
waived upon—
(1) a determination by the President of the ex-
istence of war or a national security requirement; or
(2) the enactment of a joint resolution upon an
affirmative vote of three-fifths of the Members of
each House of the Congress duly chosen and sworn.
(f) RESCISSION OF FUNDS.—Of the aggregate funds
made available to executive departments and agencies in
appropriations Act for fiscal year 1994 for purposes of
employee compensation, $2,122,000,000 is rescinded. The
Director of the Office of Management and Budget shall
allocate such rescission among the appropriate accounts,
150
and shall submit to the Congress a report setting forth
such allocation.
SEC. 571. RESCISSION OF FUNDS FOR TRAVEL ACCOUNTS.
(a) IN GENERAL.—Of the funds made available in
any appropriations Act for fiscal year 1994 to any execu-
tive department or agency, or any entity in the legislative
branch, for purposes of official travel, 15 percent is re-
scinded. The Director of the Office of Management and
Budget shall allocate such rescission among the appro-
priate accounts, and shall submit to the Congress a report
setting forth such allocation.
(b) EXCEPTIONS.—Subsection (a) shall not apply
to—
(1) the Department of Defense, the Department
of Justice, the Department of State, the Department
of the Treasury, the Department of Veterans Af-
fairs, or any agency or office within any such de-
partment; or
(2) the Office of Personnel Management in car-
rying out its responsibilities under the Voting Rights
Act of 1965.
SEC. 572. TERMINATION OF FEDERAL ADVISORY COMMIT-
TEES.
(a) TERMINATION.—The entities described in sub-
section (b) are terminated.
151
(b) ENTITIES DESCRIBED.—The entities referred to
in subsection (a) are the following:
(1) Preservation of Jazz Advisory Commission.
(2) Mt. Saint Helen’s Scientific Advisory
Board.
(3) Advisory Panel for the Dictionary of Occu-
pational Titles.
(4) U.S. Army Medical Research and Develop-
ment Advisory Board.
(5) Secretary of the Navy’s Advisory Committee
on Naval History.
(6) Scientific Advisory Committee on Effects.
(7) Advisory Committee on Publications Sub-
vention.
(8) National Advisory Council on Educational
Research and Improvement.
(9) Advisory Panel for the Decontamination of
TMI–2.
(10) Technical Advisory Group on Cigarette
Fire Safety.
(11) Advisory Commission of Swine Health
Protection.
(c) SAVINGS PROVISIONS.—
(1) CONTINUATION OF AGREEMENTS, GRANTS,
CONTRACTS, PRIVILEGES, AND OTHER ADMINISTRA-
152
TIVE ACTIONS.—All agreements, grants, contracts,
privileges, and other administrative actions—
(A) which have been issued, made, grant-
ed, or allowed to become effective by an entity
described in subsection (b) in the performance
of its functions or by a court of competent ju-
risdiction with respect to those functions, and
(B) which are in effect on the date of the
enactment of this Act, or were final before that
date of enactment and are to become effective
on or after that date of enactment,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the President, any
other authorized official, a court of competent juris-
diction, or operation of law.
(2) SUITS NOT AFFECTED.—The provisions of
this section shall not affect suits commenced before
the date of the enactment of this Act, and in all
such suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and
with the same effect as if this section had not been
enacted.
(3) SUITS INVOLVING COUNCIL OR OFFICE.—
No suit, action, or other proceeding commenced by
153
or against an entity described in subsection (b), or
by or against any individual in the official capacity
of such individual as an officer or employee of such
an entity, shall abate by reason of the enactment of
this section.
SEC. 573. INCREASE IN THRESHOLD FOR APPLICATION OF
DAVIS-BACON ACT.
(a) IN GENERAL.—Subsection (a) of the first section
of the Act of March 3, 1931 (40 U.S.C. 276a et seq.)
(known as the ‘‘Davis-Bacon Act’’) is amended by striking
‘‘$2,000’’ and inserting ‘‘$100,000’’.
(b) RESCISSION OF FUNDS.—Of the aggregate funds
made available to executive departments and agencies in
appropriations Act for fiscal year 1994 for purposes of
construction activities under the Act of March 3, 1931 (40
U.S.C. 276a et seq.) (known as the ‘‘Davis-Bacon Act’’)
or similar prevailing wage requirements applicable to
projects assisted by Federal funds, $62,000,000 is re-
scinded. The Director of the Office of Management and
Budget shall allocate such rescission among the appro-
priate accounts, and shall submit to the Congress a report
setting forth such allocation.
154
SEC. 574. ELIMINATION OF CERTAIN REPORTS REQUIRED
ON CONTRACTS COVERED BY DAVIS-BACON
ACT.
(a) IN GENERAL.—The first sentence of section 2 of
the Act of June 13, 1934, entitled ‘‘An Act to effectuate
the purpose of certain statutes concerning rates of pay for
labor, by making it unlawful to prevent anyone from re-
ceiving the compensation contracted for thereunder, and
for other purposes’’ (40 U.S.C. 276c) (known as the
‘‘Copeland Act’’) is amended by striking ‘‘shall furnish
weekly a statement with respect to the wages paid each
employee during the preceding week’’ and inserting ‘‘shall
furnish, at least once per month, a statement of compli-
ance with the labor standards provisions of applicable law,
certifying the payroll with respect to the wages paid em-
ployees during the preceding period for which the state-
ment is furnished, covering each week any contract work
is performed’’.
(b) RESCISSION OF FUNDS.—Of the aggregate funds
made available to executive departments and agencies in
appropriations Act for fiscal year 1994 for purposes of
construction activities submitted under section 2 of the
Act of June 13, 1934 (40 U.S.C. 276c) (known as the
‘‘Copeland Act’’), $55,000,000 is rescinded. The Director
of the Office of Management and Budget shall allocate
such rescission among the appropriate accounts, and shall
155
submit to the Congress a report setting forth such alloca-
tion.
SEC. 575. FEES FOR APPLICATIONS FOR ALCOHOL LABEL-
ING AND FORMULA REVIEWS.
(a) IN GENERAL.—The Secretary of the Treasury or
his delegate (in this section referred to as the ‘‘Secretary’’)
shall establish a program requiring the payment of user
fees for—
(1) requests for each certificate of alcohol label
approval required under the Federal Alcohol Admin-
istration Act (27 U.S.C. 201 et seq.) and for each
request for exemption from such requirement, and
(2) requests for each formula review, and re-
quests for each statement of process (including lab-
oratory tests and analyses), under such Act or under
chapter 51 of the Internal Revenue Code of 1986.
(b) PROGRAM CRITERIA.—
(1) IN GENERAL.—The fees charged under the
program required by subsection (a) shall be deter-
mined such that the Secretary estimates that the ag-
gregate of such fees received during any fiscal year
will be $5,000,000.
(2) MINIMUM FEES.—The fee charged under
the program required by subsection (a) shall not be
less than—
156
(A) $50 for each request referred to in
subsection (a)(1), and
(B) $250 for each request referred to in
subsection (a)(2).
(c) APPLICATION OF SECTION.—Subsection (a) shall
apply to requests made on or after the 90th day after the
date of the enactment of this Act.
(d) DEPOSIT
AND CREDIT
AS OFFSETTING RE-
CEIPTS.—The amounts collected by the Secretary under
the program required by subsection (a) (to the extent such
amounts do not exceed $5,000,000) shall be deposited into
the Treasury as offsetting receipts and ascribed to the al-
cohol compliance program of the Bureau of Alcohol, To-
bacco, and Firearms.
SEC. 576. INCREASE IN SEC REGISTRATION FEES.
(a) SECURITIES ACT OF 1933.—Section 6(b) of the
Securities Act of 1933 (15 U.S.C. 77f(b)) is amended by
striking ‘‘one-fiftieth of 1 per centum’’ and inserting ‘‘1⁄29
of 1 percent’’.
(b) SECURITIES EXCHANGE ACT OF 1934.—Sections
13(e)(3) and 14(g)(1)(A)(i) of the Securities Exchange
Act of 1934 (47 U.S.C. 78m(e)(3), 78n(g)(1)(A)(i)) are
each amended by striking ‘‘1⁄50 of 1 per centum’’ and in-
serting ‘‘1⁄29 of 1 percent’’.
157
(c) DEPOSIT
AND CREDIT
AS OFFSETTING RE-
CEIPTS.—The amounts collected under the provisions
amended by this section shall be deposited into the Treas-
ury as offsetting receipts and ascribed to the salaries and
expenses account of the Securities and Exchange Commis-
sion.
(d) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) shall not apply after September 30,
1998.
SEC. 577. TRAVEL, TOURISM, AND EXPORT PROMOTION
FEES.
(a) TRAVEL AND TOURISM FEES.—
(1) IN GENERAL.—Each State that participates
in marketing activities or tourism promotion abroad
through the United States Travel and Tourism Ad-
ministration shall pay a fee in an amount deter-
mined by such Administration so that the total re-
ceipts from such fees shall equal the budget of such
Administration.
(2) DEPOSIT AND CREDIT AS OFFSETTING RE-
CEIPTS.—The amounts collected under this sub-
section shall be deposited into the Treasury as off-
setting receipts and ascribed to the salaries and ex-
penses account of the United States Travel and
Tourism Administration.
158
(b) EXPORT PROMOTION FEES.—
(1) IN GENERAL.—The Secretary of Commerce
or his delegate (in this subsection referred to as the
‘‘Secretary’’) shall establish a program requiring the
payment of user fees for all services provided to all
entities outside the Federal Government by the
International Trade Administration in carrying out
its export promotion programs.
(2) SETTING
OF
FEES.—The fees charged
under the program required by paragraph (1) shall
be determined such that the Secretary estimates
that the aggregate of such fees received during the
following fiscal years will equal the following
amounts:
(A) $100,000,000 during fiscal year 1994.
(B) $212,154,000 during fiscal year 1995.
(C) $224,821,000 during fiscal year 1996.
(D) $237,830,000 during fiscal year 1997.
(E) $251,648,000 during fiscal year 1998.
(3) APPLICATION OF SECTION.—Paragraph (1)
shall apply to services provided on or after the 90th
day after the date of the enactment of this Act.
(4) DEFINITION.—As used in this subsection,
the term ‘‘export promotion program’’ has the mean-
ing given that term in section 201(d) of the export
159
administration amendments act of 1985 (15 U.S.C.
4051(d)) and includes—
(A) the provision of information and tech-
nical assistance; and
(B) any form of assistance in the market-
ing of goods and services.
(5) DEPOSIT AND CREDIT AS OFFSETTING RE-
CEIPTS.—The amounts collected by the Secretary
under the program required by paragraph (1) (to
the extent such amounts do not exceed the amounts
specified in paragraph (2)) shall be deposited into
the Treasury as offsetting receipts and ascribed to
the operations and administrations account of the
International Trade Administration.
Subtitle D—Human Resources
SEC. 581. SUBSTITUTION OF VOUCHER ASSISTANCE FOR
PUBLIC HOUSING NEW CONSTRUCTION.
(a) TERMINATION OF ASSISTANCE FOR CONSTRUC-
TION OF PUBLIC HOUSING.—
(1) LOAN AUTHORITY.—After the date of the
enactment of this Act, the Secretary of Housing and
Urban Development may not enter into any new
commitment to make loans under section 4 of the
United States Housing Act of 1937 to public hous-
160
ing agencies for the development or acquisition of
public housing projects by such agencies.
(2) CONTRIBUTION
AUTHORITY.—After the
date of the enactment of this Act, the Secretary of
Housing and Urban Development may not enter into
any new contract to make contributions under sec-
tion 5 of the United States Housing Act of 1937 to
public housing agencies for the development or ac-
quisition of public housing projects by such agencies.
(3) EXISTING COMMITMENTS.—After the date
of the enactment of this Act, the Secretary of Hous-
ing and Urban Development may make contributions
and loans for the development or acquisition of pub-
lic housing projects only pursuant to legally binding
commitments to make such loans or contracts for
such contributions entered into on or before the date
of the enactment of this Act.
(4) INAPPLICABILITY
TO
INDIAN
HOUSING.—
The provisions of this section shall not apply to pub-
lic housing developed pursuant to a contract between
the Secretary of Housing and Urban Development
and an Indian housing authority.
(5) DEFINITIONS.—For purposes of this sec-
tion, 
the 
terms 
‘‘Indian 
housing 
authority’’,
‘‘project’’, ‘‘public housing’’, and ‘‘public housing
161
agency’’ have the meanings given the terms in sec-
tion 3(b) of the United States Housing Act of 1937.
(b) PERMISSIBLE USES.—Vouchers for rental assist-
ance provided with the amounts made available under this
section may be used for the rental of dwelling units or
costs of residency, as determined by qualified voucher re-
cipients.
(c) RESCISSION AND TRANSFER OF FUNDS.—Of the
funds made available under the heading ‘‘Department of
Housing and Urban Development—Housing Programs—
Annual Contributions for Assisted Housing’’ in the De-
partments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations
Act, 1994 (Pub. L. 103–124)—
(1) $367,000,000 is rescinded from the total
amount under such heading and from the amount
specified under such heading for the development or
acquisition cost of public housing; and
(2) $230,701,000 of the amount specified under
such heading for the development or acquisition cost
of public housing shall be reallocated to and merged
with the amount specified under such heading for
the housing voucher program under section 8(o) of
the United States Housing Act of 1937.