158
standing debt upon a finding that such debt cancellation
is in the national interest.
Subtitle
B
Subtitle 
A—Improve
Minerals Management Service
Royalty Collection
SEC. 7101. IMPROVEMENT OF MINERALS MANAGEMENT
SERVICE ROYALTY COLLECTION.
(a) The Secretary of the Interior shall, by fiscal year
1995, direct the Minerals Management Service, Royalty
Management Program, to develop and implement (1) an
automated business information system to provide to its
auditors a lease history that includes reference, royalty,
production, financial, compliance history, pricing and valu-
ation, and other information; (2) the optimum methods
to identify and resolve anomalies and to verify that royal-
ties are paid correctly; (3) a more efficient and cost-effec-
tive royalty collection process by instituting new compli-
ance and enforcement measures, including assessments
and penalties for erroneous reporting and underreporting;
and (4) (4) pilot projects under which a State may assume
mineral receipt collections on Federal lands within the
State and where the State assumes 50 percent of the cost
of such pilot project; and (5) such other actions as may
be necessary to reduce royalty underpayment and increase
159
revenue to the U.S. Treasury by an estimated total of $28
million by fiscal year 1999.
(b) The Federal Oil and Gas Royalty Management
Act of 1982 (Public Law No. 97–451), 30 U.S.C. 1701
et seq.) is amended by adding a new subsection 111(h)
as follows:
‘‘PENALTY ASSESSMENT FOR SUBSTANTIAL
UNDERREPORTING OF ROYALTY’’
‘‘SEC. 111. (h)(1) If there is any underreporting of
royalty owed on production from any lease issued or ad-
ministered by the Secretary for the production of oil, gas,
coal, any other mineral, or geothermal steam, from any
Federal or Indian lands or the Outer Continental Shelf,
for any production month, by any person who is respon-
sible for paying royalty, the Secretary may assess a pen-
alty of 10 percent of the amount of that underreporting.
‘‘(2) If there is a substantial underreporting of roy-
alty owed on production from any lease issued or adminis-
tered by the Secretary for the production of oil, gas, coal,
any other mineral, or geothermal steam, from any Federal
or Indian lands or the Outer Continental Shelf, for any
production month, by any person who is responsible for
paying royalty, the Secretary may assess a penalty of 20
percent of the amount of that substantial underreporting.
‘‘(3) For purposes of this section, the term
‘underreporting’ means the difference between the royalty
160
on the value of the production which should have been re-
ported and the royalty on the value of the production
which was reported, if the value of the production which
should have been reported is greater than the value of the
production which was reported. An underreporting con-
stitutes a ‘substantial underreporting’ if such difference
exceeds 10 percent of the royalty on the value of the pro-
duction which should have been reported.
‘‘(4) The Secretary shall not impose the assessment
provided in paragraphs (1) or (2) if the person corrects
the underreporting before the date the person receives no-
tice from the Secretary that an underreporting may have
occurred, or before 90 days after the date of enactment
of this section, whichever is later.
‘‘(5) The Secretary shall waive any portion of an as-
sessment provided in paragraphs (1) or (2) attributable
to that portion of the underreporting for which the person
demonstrates that—
‘‘(i) the person had written authorization from
the Secretary to report royalty on the value of the
production on the basis on which it was reported, or
‘‘(ii) the person had substantial authority for
reporting royalty on the value of the production on
the basis on which it was reported, or
161
‘‘(iii) the person previously had notified the
Secretary, in such manner as the Secretary may by
rule prescribe, of relevant reasons or facts affecting
the royalty treatment of specific production which
led to the underreporting, or
‘‘(iv) the person meets any other exception
which the Secretary may, by rule, establish.
‘‘(6) All penalties collected under this subsection shall
be deposited to the same accounts in the Treasury or paid
to the same recipients in the same manner as the royalty
with respect to which such penalty is paid.’’.
Subtitle C Subtitle B—Phase Out
the Mineral Institute Program
SEC. 7201. PHASE OUT OF MINERAL INSTITUTE PROGRAM.
The Secretary of the Interior, beginning in fiscal year
1995, shall take action to phase out the Mining and Min-
eral Resources Research Institute Act of 1984, Public Law
98–409, as amended (98 Stat. 1536 through 1541 and
102 Stat. 2339 through 2341, 30 U.S.C. 1221 through
1230). There are hereby authorized to be appropriated
under the Act the following amounts: fiscal year 1995—
$6.5 million; fiscal year 1996—$5 million; fiscal year
1997—$3 million; and fiscal year 1998—$1.5 million. No
further appropriations for this Act are authorized after
September 30, 1998.
162
Subtitle C—Reorganization of
Bureau of Indian Affairs
SEC. 7301. REORGANIZATION STUDY.
(a) GENERAL AUTHORITY.—The Secretary of the Inte-
rior, with the active participation of Indian tribes, shall
conduct a study of the reorganization of the Bureau of In-
dian Affairs.
(b) CONTENT.—The study conducted under subsection
(a) shall include (but shall not be limited to)—
(1) an examination of the current structure of
the Bureau of Indian Affairs and recommendations
for structural changes to improve the implementation
of Federal trust responsibilities toward Indian tribes;
(2) an examination of the current roles of the
Central, Area, and Agency offices of the Bureau of In-
dian Affairs and recommendations to improve effi-
ciency of the Bureau through reorganization;
(3) an examination of the efficiency of the Bu-
reau of Indian Affairs in comparison with other Bu-
reaus of the Department of the Interior;
(4) an examination of the barriers to the imple-
mentation of the 1988 amendments to the Indian
Self-Determination and Education Assistance Act
throughout the Department of the Interior and a pro-
posed plan for effective implementation; and
163
(5) recommendations for the transfer of personnel
and resources from the Central, Area, and Agency of-
fices of the Bureau of Indian Affairs to Indian tribes.
(c) REPORT.—The Secretary shall complete the study
conducted pursuant to this section and shall submit such
study, together with recommendations and draft legislation
to implement such recommendations, to the Congress within
one year after the date of enactment of this Act.
Subtitle D—Termination of Annual
Direct Grant Assistance
SEC. 7401. TERMINATION OF ANNUAL DIRECT GRANT AS-
SISTANCE
(a) TERMINATION.—Pursuant to section 704(d) of the
Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States
of America (48 U.S.C. 1681 note), the annual payments
under section 702 of the Covenant shall terminate as of Sep-
tember 30, 1993.
(b) REPEAL.—Sections 3 and 4 of the Act of March
24, 1976 (Public Law 94–241; 48 U.S.C. 1681 note), as
amended, are repealed, effective October 1, 1993.
164
TITLE VIII—DEPARTMENT OF
JUSTICE
SEC. 8001. BUREAU OF PRISONS HEALTH SERVICES USER
FEE.
Chapter 303 of title 18, United States Code, is
amended by adding at the end the following new section:
‘‘SEC. 4047. USER FEE FOR HEALTH SERVICES.
‘‘The Attorney General may assess a nominal fee for
health services provided to an inmate. The Attorney Gen-
eral may withdraw, without the inmate’s consent, funds
from his or her trust fund account, designated as ‘Funds
of Federal Prisoners’ in section 1321(a)(21) of title 31,
necessary to pay fees incurred by the inmate for health
services. The Attorney General may waive or refund, for
good cause and at any time, all or part of the expenses
incurred by an inmate through the assessment of fees for
health services. An inmate shall not be denied health serv-
ices treatment because of his or her inability to pay a
health services fee. The Attorney General is authorized to
promulgate regulations to implement this section.’’.
165
TITLE IX—DEPARTMENT OF
LABOR
Subtitle A—Deterrence of Fraud
and Abuse in the FECA Program
SEC. 9001. DETERRENCE OF FRAUD AND ABUSE IN FECA
PROGRAM.
(a) Section 8102 of title 5, United States Code, is
amended to redesignate subsection (b) as subsection (c),
and to add the following new subsection (b):
‘‘(b) An individual convicted of a violation of 18
U.S.C. 1920, as amended, or of any other fraud related
to the application for or receipt of benefits under sub-
chapter I or III of chapter 81 of title 5, shall forfeit, as
of the date of the conviction, all entitlement to any pro-
spective benefits provided by subchapter I or III for any
injury occurring on or before the date of the conviction.
Such a forfeiture of benefits shall be in addition to any
action the Secretary may take under section 8106 or 8129
of title 5, United States Code.’’.
(b) Section 8116 of title 5, United States Code, is
amended by adding the following new subsection (e):
‘‘(e) Notwithstanding any other provision of this title,
no benefits under sections 8105 or 8106 of this subchapter
shall be paid or provided to any individual during any pe-
riod during which such individual is confined in a jail,
166
prison, or other penal institution or correctional facility,
pursuant to that individual’s conviction of an offense that
constituted a felony under applicable law, except where
such individual has one or more dependents within the
meaning of section 8110 of this subchapter, in which case
the Secretary may, during the period of incarceration, pay
to such dependents a percentage of the benefits that would
have been payable to such individual computed according
to the percentages set forth in section 8133(a) (1)–(5) of
this subchapter.’’.
(c) Section 8116 of title 5, United States Code, is
further amended by adding the following new subsection
(f):
‘‘(f) Notwithstanding the provisions of section 552a
of this title, or any other provision of Federal or State
law, any agency of the United States Government or of
any State (or political subdivision thereof) shall make
available to the Secretary, upon written request, the
names and Social Security account numbers of individuals
who are confined in a jail, prison or other penal institution
or correctional facility under the jurisdiction of such agen-
cy, pursuant to such individuals’ conviction of an offense
that constituted a felony under applicable law, which the
Secretary may require to carry out the provisions of this
subsection.’’.
167
(d) Section 1920 of title 18, United States Code, is
amended to read as follows: ‘‘Whoever knowingly and will-
fully falsifies, conceals, or covers up a material fact, or
makes a false, fictitious, or fraudulent statement or rep-
resentation, or makes or uses a false statement or report
knowing the same to contain any false, fictitious or fraud-
ulent statement or entry in connection with the application
for or receipt of compensation or other benefit or payment
under subchapter I or III of chapter 81 of title 5, United
States Code, shall be punished by a fine of not more than
$250,000, or by imprisonment for not more than five
years, or both.’’.
(e) Except as otherwise provided in this section, the
amendments made by this section shall be effective on the
date of enactment and shall apply to actions taken on or
after the date of enactment both with respect to claims
filed before the day of enactment and with respect to
claims filed after such date.
(f) The amendments made by subsections (a), (b),
and (c) of this section shall be effective on the date of
enactment and shall apply to any person convicted or im-
prisoned on or after the date of enactment.
(g) The amendment made by subsection (d) of this
section shall be effective on the date of enactment and
shall apply to any claim, statement, representation, report,
168
or other written document made or submitted in connec-
tion with a claim filed under subchapter I or III of chapter
81 of title 5, United States Code.
Subtitle B—Enhancement of Reem-
ployment Programs for Federal
Employees Disabled in the Per-
formance of Duty
SEC. 9101. ENHANCEMENT OF REEMPLOYMENT PROGRAMS
FOR FEDERAL EMPLOYEES DISABLED IN THE
PERFORMANCE OF DUTY.
(a) Section 8104 of title 5, United States Code, is
amended—
(1) by striking the comma after ‘‘employment’’
and by striking ‘‘other than employment undertaken
pursuant to such rehabilitation’’ from subsection (b);
and
(2) by adding the following new subsection (c):
‘‘(c) The Secretary of Labor, as part of the vocational
rehabilitation effort, may assist permanently disabled indi-
viduals in seeking and/or obtaining employment. The Sec-
retary may reimburse an employer (including a Federal
employer), who was not the employer at the time of injury
and who agrees to employ a disabled beneficiary, for por-
tions of the salary paid by such employer to the reem-
169
ployed, disabled beneficiary. Any such sums shall be paid
from the Employees’ Compensation Fund.’’.
(b) The Secretary of Labor is authorized to expand
the Federal Employees’ Compensation Act Periodic Roll
Management Project to all offices of the Office of Work-
ers’ Compensation Program of the Department of Labor.
(c) The provisions of, and amendments made by, sub-
sections (a) and (b) of this section shall be effective on
the date of enactment.
Subtitle C—Wage Determinations—
McNamara-O’Hara Service Con-
tract Act and Davis-Bacon Act
SEC. 9201. WAGE DETERMINATIONS.
(a) The McNamara-O’Hara Service Contract Act, as
amended (41 U.S.C. 351 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 11. To more effectively implement wage deter-
mination procedures, the Secretary of Labor is authorized
to develop and implement an electronic data interchange
system to request and obtain wage determinations re-
quired under the Act.’’.
(b) The Davis-Bacon Act, as amended (41 U.S.C.
276a et seq.) is amended by adding at the end the follow-
ing new section:
170
‘‘SEC. 8. To more effectively implement wage deter-
mination procedures, the Secretary of Labor is authorized
to develop and implement an electronic data interchange
system to request and obtain wage determinations re-
quired under the Act.’’.
(c) The amendments made by subsections (a) and (b)
of this section shall be effective on the date of enactment.
Subtitle D—Elimination of Filing
Requirement for Plan Descrip-
tions, Summary Plan Descrip-
tions, and Descriptions of Mate-
rial Modifications to a Plan
SEC. 9301. ELIMINATION OF FILING REQUIREMENTS.
(a) Section 101(b) of the Employee Retirement In-
come Security Act of 1974 (ERISA) (29 U.S.C. 1021(b))
is amended by striking paragraphs (1), (2) and (3) and
by redesignating paragraphs (4) and (5) as paragraphs
(1) and (2), respectively.
(b) Section 102 of ERISA (29 U.S.C. 1022) is
amended by striking paragraph (a)(2) and redesignating
paragraph (a)(1) as subsection (a).
(c) Section 104(a)(1) of ERISA (29 U.S.C.
1024(a)(1)) is amended to read as follows:
‘‘SEC. 104. (a)(1) The administrator of any employee
benefit plan subject to this part shall file with the Sec-
171
retary the annual report for a plan year within 210 days
after the close of such year (or within such time as may
be required by regulations promulgated by the Secretary
in order to reduce duplicative filing). The Secretary shall
make copies of such annual reports available for inspection
in the public document room of the Department of Labor.
The administrator shall also furnish to the Secretary,
upon request, any documents relating to the employee ben-
efit plan including but not limited to the summary plan
description, description of material modifications to the
plan, bargaining agreement, trust agreement, contract, or
other instrument under which the plan is established or
operated.’’.
(d) Section 104(b) of ERISA (29 U.S.C. 1024(b))
is amended by adding at the end the following new para-
graph:
‘‘(5) The Secretary shall, upon written request
of any participant or beneficiary of a plan for a copy
of any documents described in paragraph (4), make
a written request to the plan administrator for cop-
ies of such documents. The plan administrator shall
comply with such request from the Secretary. Upon
obtaining such copies from the plan administrator,
the Secretary shall provide them to the requesting
participant or beneficiary. In making a request
172
under this paragraph to the plan administrator, the
Secretary shall not disclose to the plan administrator
the identity of the participant or beneficiary. The
administrator may make a reasonable charge to
cover the cost of furnishing such complete copies
consistent with any regulations issued by the Sec-
retary pursuant to paragraph (4). The Secretary
may require the participant or beneficiary to reim-
burse the Secretary for such charges before the par-
ticipant receives the requested copies.’’.
(e) Section 106(a) of ERISA (29 U.S.C. 1026(a)) is
amended by striking ‘‘descriptions,’’.
(f) Section 107 of ERISA (29 U.S.C. 1027) is
amended by striking ‘‘description or’’.
(g) Section 108 of ERISA (29 U.S.C. 1028) is
amended by striking ‘‘(B) after publishing or filing the
plan description, annual reports,’’ and inserting ‘‘(B) after
publishing the plan description, or after publishing or fil-
ing the annual reports,’’.
(h) Section 109(b) of ERISA (29 U.S.C. 1029(b))
is amended to read as follows:
‘‘(b) The financial statement and opinion required to
be prepared by an independent qualified public accountant
pursuant to section 103(a)(3)(A) and the actuarial state-
ment required to be prepared by an enrolled actuary pur-
173
suant to section 103(a)(4)(A) shall not be required to be
submitted on forms.’’.
(i) Section 502(c) of ERISA is amended by adding
at the end the following new paragraph:
‘‘(4) The Secretary may assess a civil penalty
against any plan administrator of up to $100 per
day from the date of such plan administrator’s fail-
ure or refusal to comply with a request for docu-
ments which such administrator is required to fur-
nish to the Secretary (unless such failure or refusal
results from matters reasonably beyond the control
of the administrator) pursuant to section 104(b)(5)
by mailing the material requested to the address
provided by the Secretary within 30 days after such
request.’’.
(j) EFFECTIVE DATE.—The provisions of this section
shall take effect on the date of enactment of this Act.
TITLE 
X—DEPARTMENT 
OF
STATE/UNITED 
STATES 
IN-
FORMATION AGENCY
SEC. 10001. REDUCTION OF MISSION OPERATING COSTS.
The Secretary of State shall take action to reduce
costs of providing marine guard and other security at dip-
lomatic missions overseas by a total of $5,700,000 by the
end of fiscal year 1999.
174
SEC. 10002. IMPROVEMENT OF EFFICIENCY OF USIA PUB-
LIC DIPLOMACY ACTIVITIES.
The Director of the United States Information Agen-
cy (USIA) shall take action to improve the efficiency of
USIA’s public diplomacy activities and save a total of
$15,000,000 by the end of fiscal year 1999.
TITLE XI—DEPARTMENT OF
TRANSPORTATION
ΩSubtitle A—Authority to Charge
Tuition for Attendance at the
U.S. Merchant Marine Academy
ΩSEC. 11001. TUITION FOR U.S. MERCHANT MARINE ACAD-
EMY.
ΩSection 1303(d) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1295b(d)), is amended to read as follows:
Ω‘‘(d)(1) Beginning with the class of individuals first
entering the Academy in the 1995–1996 academic year,
the Secretary shall impose a system of tuition and fees
on individuals attending the Academy that shall, in total,
equal an amount that is up to one-half the total operating
costs of the Academy during the preceding fiscal year. The
tuition and fees paid by the Academy’s total cadet enroll-
ment shall be retained by the Secretary to assist in meet-
ing the Academy’s operating expenses.
Ω‘‘(2) Beginning with the class of individuals first en-
tering the Academy in the 1995–1996 academic year, the
175
Secretary is authorized to impose reasonable fees on any
cadet at the Academy for all required uniforms and text-
books. The Secretary shall provide to any individual first
entering the Academy before the 1995–1996 academic
year all required uniforms and textbooks.
Ω‘‘(3) The Secretary shall provide to any cadet at the
Academy allowances for transportation (including reim-
bursement of traveling expenses) while traveling under or-
ders as a cadet of the Academy.’’.æ
Subtitle A—Authority to establish
reemployment rights for certain
merchant seamen
SECTION 11001. SHORT TITLE.
This subtitle may be cited as the ‘‘Mer-
chant Seamen Reemployment Rights Act of
1993’’.
SEC. 11002. REEMPLOYMENT RIGHTS FOR CERTAIN MER-
CHANT SEAMEN.
(a) IN GENERAL.—Title III of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1131) is
amended by inserting after section 301 the fol-
lowing new section:
‘‘SEC. 302. (a) An individual who is cer-
tified by the Secretary of Transportation
under subsection (c) shall be entitled to reem-
176
ployment rights and other benefits substan-
tially equivalent to the rights and benefits
provided for by chapter 43 of title 38, United
States Code, for any member of a Reserve
component of the Armed Forces of the United
States who is ordered to active duty.
‘‘(b) An individual may submit an applica-
tion for certification under subsection (c) to
the Secretary of Transportation not later than
45 days after the date the individual com-
pletes a period of employment described in
subsection (c)(1)(A) with respect to which the
application is submitted.
‘‘(c) Not later than 20 days after the date
the Secretary of Transportation receives from
an individual an application for certification
under this subsection, the Secretary shall—
‘‘(1) determine whether or not the in-
dividual—
‘‘(A) was employed in the activa-
tion or operation of a vessel—
‘‘(i) in the National Defense
Reserve Fleet maintained under
section 11 of the Merchant Ship
Sales Act of 1946, in a period in
177
which that vessel was in use or
being activated for use under sub-
section (b) of that section;
‘‘(ii) that is requisitioned or
purchased under section 902 of
this Act; or
‘‘(iii) that is owned, chartered,
or controlled by the United States
and used by the United States for
a war, armed conflict, national
emergency, or maritime mobiliza-
tion need (including for training
purposes or testing for readiness
and suitability for mission per-
formance); and
‘‘(B) during the period of that em-
ployment, possessed a valid license,
certificate of registry, or merchant
mariner’s 
document 
issued 
under
chapter 71 or chapter 73 (as applica-
ble) of title 46, United States Code;
and
‘‘(2) if the Secretary makes affirma-
tive determinations under paragraph (1)
179
(d) REGULATIONS.—Not later than 120 days
after the date of the enactment of this Act, the
Secretary of Transportation shall issue regu-
lations implementing this section.
Subtitle B—Reform of the Essential
Air Service Program
SEC. 11101. REFORM OF ESSENTIAL AIR SERVICE PRO-
GRAM.
Section 419 of the Federal Aviation Act of 1958 (49
App. U.S.C. 1389) is amended by—
(1) revising paragraph (a)(2) to read as follows:
(1) in subsection (a) by striking paragraph (2)
and inserting the following:
‘‘(2) RESTRICTIONS ON QUALIFICATIONS AS AN
ELIGIBLE POINT.—To qualify as an eligible point in
the 48 contiguous states, Hawaii, and Puerto Rico
for purposes of fiscal year 1995 and thereafter, a
point described in paragraph (1) must not require a
rate of subsidy per passenger in excess of $200 un-
less such point is more than 210 miles from the near-
est large or medium hub airport and may not be lo-
cated fewer than 70 highway miles from the nearest
hub airport or small large or medium hub airport;’’
and
(2) revising paragraph (l)(2) to read as follows:
180
(2) in subsection (l) by striking paragraph (2)
and inserting the following:
‘‘(2) AMOUNTS
AVAILABLE.—There shall be
available to the Secretary from the Airport and Air-
way Trust Fund to incur obligations under this sec-
tion—
‘‘(A) $33,423,077 for fiscal year 1994; and
‘‘(B) $25,600,000 per fiscal year for each
of fiscal years 1995, 1996, 1997, 1998, and
1999.
section $33,423,077 per fiscal year for each of fiscal
years 1994 through 1999. Such amounts shall remain
available until expended. Unobligated balances that
remain available as of September 30, 1994, are re-
scinded.’’.
Subtitle C—Repeal of Authoriza-
tions for the Airway Science
Program, 
Collegiate 
Training
Initiative, and Air Carrier Main-
tenance 
Technician 
Training
Facility Grant Program
SEC. 11201. AIRWAY SCIENCE PROGRAM.
(a) REPEAL.—All authority for—
(1) the Secretary of Transportation to enter
into grant agreements with universities or colleges
181
having an airway science curriculum recognized by
the Federal Aviation Administration, to conduct
demonstration projects in the development, advance-
ment, or expansion of airway science programs; and
(2) the Federal Aviation Administration to
enter into competitive grant agreements with institu-
tions of higher education having airway science cur-
ricula, and all authorizations to appropriate for such
purposes, as enacted under the head, ‘‘Federal Avia-
tion Administration, Facilities and Equipment’’, in
the Department of Transportation and Related
Agencies Appropriations Acts for fiscal years ending
before October 1, 1993;
is repealed.
(b) LIMITATION.—Subsection (a) shall not affect the
authority of the Secretary to enter into grant agreements
with universities, colleges, or institutions of higher edu-
cation to obligate funds appropriated for fiscal years ending
before October 1, 1993, which have not been rescinded.
SEC. 11202. COLLEGIATE TRAINING INITIATIVE.
Section 362 of the Department of Transportation and
Related Agencies Appropriations Act, 1993 (Public Law
102–388), is repealed, except that the Administrator of
the Federal Aviation Administration may continue to con-
vert appointment of persons who have been appointed pur-
182
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.
SEC. 11202. COLLEGIATE TRAINING INITIATIVE.
(a) IN GENERAL.—Section 313(d) of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1354(d)) is amended—
(1) by striking the subsection heading and all
that follows through ‘‘The Administrator’’ and insert-
ing the following:
‘‘(d) TRAINING SCHOOLS.—
‘‘(1) IN GENERAL.—The Administrator’’;
(2) by moving the text of paragraph (1), as so
designated, 2 ems to the right; and
(3) by adding at the end the following:
‘‘(2) COLLEGIATE TRAINING INITIATIVE.—
‘‘(A) CONTINUATION.—The Administrator of
the Federal Aviation Administration may con-
tinue the Collegiate Training Initiative program,
by entering into new agreements, with post-sec-
ondary institutions, as defined by the Adminis-
trator, whereby such institutions, without cost to
the Federal Aviation Administration, prepare
students for the position of air traffic controller
with the Department of Transportation, as de-
183
fined in section 2109 of title 5, United States
Code.
‘‘(B) STANDARDS.—The Administrator may
establish standards for the entry of institutions
into such program and for their continued par-
ticipation in it.
‘‘(C) APPOINTMENT
IN EXCEPTED SERV-
ICE.—The Administrator may appoint persons
who have successfully completed a course of
training in such program to the position of air
traffic controller noncompetitively in the ex-
cepted service, as defined in section 2103 of title
5, United States Code. Persons so appointed
shall serve at the pleasure of the Administrator,
subject to section 7511 of such title (pertaining
to adverse actions). However, an appointment
under this subparagraph may be converted from
one in the excepted service to a career condi-
tional or career appointment in the competitive
civil service, as defined in section 2102 of such
title when the incumbent achieves full perform-
ance level air traffic controller status, as deter-
mined by the Administrator. The authority con-
ferred by this subparagraph to make new ap-
pointments in the excepted service shall expire at
184
the end of 5 years from the date of the enactment
of this subparagraph; except that the Adminis-
trator may determine to extend such authority
for 1 or more successive 1-year periods there-
after.’’.
(b) CONFORMING AMENDMENT.—Section 362 of the
Department of Transportation and Related Agencies Ap-
propriations Act, 1993 (106 Stat. 1560) is repealed.
(c) LIMITATION.—The repeal and the amendments
made by this section shall not prohibit the expenditure of
funds appropriated for fiscal years ending before October
1, 1994.
SEC.
11203.
AIR
CARRIER
MAINTENANCE
TECHNICIAN
TRAINING FACILITY GRANT PROGRAM.
Section 119 of Public Law 102–581 (49 U.S.C. app.
1354 note) is repealed.
Subtitle D—Capital Budgeting
SEC. 11301. STATEMENT OF FINDING AND PURPOSES.
(a) STATEMENT OF FINDING.—Congress finds that the
existing budget obscures the distinctions between capital ac-
tivities and operating activities and between general funds,
trust funds, and enterprise funds, so as to hinder identifica-
tion of the resources needed to meet the needs of the Govern-
ment and the investment needs of the economy that are nec-
essary for sustained economic growth.
185
(b) PURPOSES.—The purposes of this subtitle are as
follows:
(1) To provide that the unified budget present a
capital budget and an operating budget and distin-
guish between general funds, trust funds, and enter-
prise funds, in order to provide better and more rel-
evant information on the revenues, expenses, and fi-
nancing requirements of Government programs and
activities.
(2) To implement that part of the Report of the
National Performance Review that recommends that
the Government ensure that there is no budget bias
against long-term investments and contains the fol-
lowing statement: ‘‘The budget should recognize the
special nature and long-term benefits of investments
in fixed assets through a separate capital budget, op-
erating budget, and cash budget. The separate capital
budget will explicitly show expenditures on fixed as-
sets, and will help to steer our scarce resources toward
the most economical means of acquisition of the most
needed assets.’’.
SEC. 11302. CAPITAL AND OPERATING BUDGET FOR FISCAL
YEARS 1996 AND 1997.
(a) UNIFIED BUDGET.—
187
transfers, (iv) interfund transfers, and (v) cap-
ital financing requirements; and
(C) unified budget financing requirements.
(2) DISTINCTION BETWEEN CAPITAL AND OTHER
ITEMS.—The capital budget shall represent only the
major activities, projects, and programs which sup-
port the acquisition, construction, alteration, and re-
habilitation of capital assets. All other activities,
projects, and programs shall be represented in the op-
erating budget.
(c) PRESIDENTIAL RESPONSIBILITY.—In addition to
the unified budget submitted by the President as required
by subsections (a) and (b) of this section, the President shall
present information in the form required by subsection
(b)(1) for accounts, agencies, and functions, to the extent
applicable, the capital investments by State and local gov-
ernments not financed by the Federal Government.
(d) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) UNIFIED BUDGET.—The term ‘‘unified budg-
et’’ means a budget in which revenues and expenses
for general funds, trust funds, and enterprise funds
are consolidated to display totals for the Federal Gov-
ernment as a whole.
188
(2) TRUST
FUNDS.—The term ‘‘trust funds’’
means—
(A) the Federal Old-Age and Survivors In-
surance Trust Fund,
(B) the Federal Hospital Insurance Trust
Fund,
(C) the Civil Service Retirement and Dis-
ability Fund,
(D) the Military Retirement Fund,
(E) the Federal Supplementary Medical In-
surance Trust Fund,
(F) the Unemployment Trust Fund,
(G) the Federal Disability Insurance Trust
Fund,
(H) the Highway Trust Fund,
(I) the Airport and Airway Trust Fund,
and
(J) such other funds or accounts of the Gov-
ernment that the Director of the Office of Man-
agement and Budget, in consultation with the
Comptroller General, determines should be classi-
fied as trust funds in order to fulfill the purpose
of this section.
(3) ENTERPRISE FUNDS.—The term ‘‘enterprise
funds’’ means—
189
(A) the Postal Service,
(B) the Resolution Trust Corporation,
(C) the Federal Deposit Insurance Corpora-
tion Fund,
(D) the Federal Housing Administration,
(E) the Tennessee Valley Authority Fund,
(F) the Bonneville Power Administration
Fund,
(G) the Rural Electrification and Telephone
Revolving Loan Fund,
(H) the Export-Import Bank of the United
States,
(I) the Southeastern Power Administration,
(J) the Southwestern Power Administra-
tion,
(K) the Western Area Power Administra-
tion,
(L) the Alaska Power Administration,
(M) the Overseas Private Investment Cor-
poration,
(N) the St. Lawrence Seaway Development
Corporation,
(O) the Rural Telephone Bank,
(P) the Pension Benefit Guaranty Corpora-
tion, and
190
(Q) such other funds or accounts of the Gov-
ernment that the Director of the Office of Man-
agement and Budget, in consultation with the
Comptroller General, determines should be classi-
fied as enterprise funds in order to fulfill the
purpose of this section.
(4) GENERAL FUNDS.—The term ‘‘general funds’’
includes all accounts of the Government that are not
trust funds or enterprise funds.
(5) UNIFIED FUNDS.—The term ‘‘unified funds’’
means general funds, trust funds, and enterprise
funds and represents the unified budget.
(6) CAPITAL ASSETS.—The term ‘‘capital assets’’
means physical assets and financial assets but does
not include consumable inventories.
(7) PHYSICAL ASSETS.—The term ‘‘physical as-
sets’’ means tangible assets (other than assets used for
national defense or security)—
(A) the ownership of which is or will be in
the public domain;
(B) that produce services or benefits for
more than 5 years; and
(C) that have an initial cost equal to or
more than $100,000.
191
Such term includes, but is not limited to, roadways
and bridges; airports and airway facilities; mass
transportation systems; wastewater treatment, water
distribution delivery, and related facilities; water re-
source projects; medical facilities; resource recovery
facilities; public structures; space and communication
facilities; and strategic petroleum reserves and min-
eral stockpiles.
(8) FINANCIAL ASSETS.—The term ‘‘financial as-
sets’’ means interests of the Federal Government in,
and claims of the Federal Government against, for-
eign governments, States and their political subdivi-
sions, corporations, associations, and individuals and
their resources which are represented by a legal in-
strument (such as bonds, debentures, notes, and other
securities), less any credit subsidy costs attributable
to such financial assets.
(9) CREDIT SUBSIDY COSTS.—The term ‘‘credit
subsidy costs’’ means the losses incurred by the Fed-
eral Government as a result of its direct and guaran-
teed loans, including such costs as interest and de-
fault.
(10) CONSUMABLE
INVENTORIES.—The term
‘‘consumable inventories’’ means tangible assets of the
Federal Government, including stockpiles, supplies,
192
and inventories, which typically are consumed within
5 years or which have an initial price less than
$100,000.
(11) OPERATING REVENUES.—The term ‘‘operat-
ing revenues’’ means all receipts of the Federal Gov-
ernment, other than those identified in paragraph
(17), including profits and interest earned on finan-
cial assets.
(12) OPERATING EXPENSES.—The term ‘‘operat-
ing expenses’’ means all expenses of the Federal Gov-
ernment, other than those identified in paragraph
(18), including interest payments on debts, asset con-
sumption charge, and credit subsidy costs.
(13) 
OPERATING
SURPLUS/DEFICIT
BEFORE
INTERFUND TRANSFERS.—The term ‘‘operating sur-
plus/deficit before interfund transfers’’ means the dif-
ference between operating revenues and operating ex-
penses before interfund transfers.
(14) 
INTERFUND
TRANSFERS.—The 
term
‘‘interfund transfers’’ means the flow of revenues be-
tween general and enterprise funds and trust funds
accounts that are expenses from the account making
the payments and revenues to the account receiving
the payments.
193
(15) OPERATING
SURPLUS/DEFICIT.—The term
‘‘operating surplus/deficit’’ means the operating sur-
plus/deficit before interfund transfers plus or minus
interfund transfers.
(16) ASSET CONSUMPTION CHARGE.—The term
‘‘asset consumption charge’’ means the systematic and
rational allocation of the cost—historical, replace-
ment, or current value—of a physical asset (having
a useful life of more than 5 years) financed by the ap-
propriation accounts for which the capital budget re-
quired by this section applies.
(17) CAPITAL
REVENUES.—The term ‘‘capital
revenues’’ means receipts of the Federal Government
derived from taxes, collections, and receipts dedicated
by statute, for the rehabilitation of capital assets
which relate to the activities, functions, and programs
represented by the capital budget.
(18) CAPITAL INVESTMENTS.—The term ‘‘capital
investments’’ means (A) expenditures of the Federal
Government, including those under grants, contracts,
and leases, which are for the acquisition, construction,
and rehabilitation of capital assets, and (B) Federal
expenditures (including tax expenditures) which are
for the acquisition, construction, and rehabilitation of
the physical assets of State and local governments.
194
(19) CAPITAL
FINANCING
REQUIREMENTS
BE-
FORE INTERFUND TRANSFERS.—The term ‘‘capital fi-
nancing requirements before interfund transfers’’
means the difference between capital revenues and
capital investments before interfund transfers.
(20) CAPITAL FINANCING REQUIREMENTS.—The
term ‘‘capital financing requirements’’ means financ-
ing requirements before interfund transfers plus or
minus interfund transfers.
(21) UNIFIED
BUDGET
FINANCING
REQUIRE-
MENTS.—The term ‘‘unified budget financing require-
ments’’ means the total of the operating surplus/defi-
cit and the capital financing requirements.
SEC. 11303. UNITED STATES BUDGET FOR FISCAL YEAR 1998
AND THEREAFTER.
For fiscal year 1998, and each fiscal year thereafter,
the President shall submit only 1 budget of the United
States and such budget shall be a unified budget which
meets the requirements of section 11302.
SEC. 11304. REVIEW BY COMPTROLLER GENERAL.
The Comptroller General shall review and report to
Congress on the implementation of section 11302 as the
Comptroller General deems necessary. A review by the
Comptroller General may include—
195
(1) determining whether the actual, estimated,
and proposed appropriations, receipts, and invest-
ments presented in the capital budget represent ac-
tivities, functions, and programs which support the
acquisition, construction, alteration, and rehabilita-
tion of capital assets;
(2) determining whether the classifications made
by the Director of the Office of Management and
Budget under section 11302(d)(2)(H) further the pur-
poses of section 11302; and
(3) evaluating, on an annual basis, the value
and usefulness of capital investments in the capital
account as set forth in section 11302.
Subtitle E—Public Buildings
SEC. 11401. PUBLIC BUILDING TRANSACTIONS.
Section 3 of the Public Buildings Act of 1959 (40
U.S.C. 602) is amended—
(1) by striking ‘‘SEC. 3. The Administrator’’ and
inserting the following:
‘‘SEC. 3. ACQUISITION OF BUILDINGS.
‘‘(a) AUTHORITY.—The Administrator’’; and
(2) by adding at the end the following:
‘‘(b) LEASES.—The Administrator is authorized to
enter into contracts for the lease-purchase or lease of any
building and its site for periods of not to exceed 30 years.
196
‘‘(c) CALCULATION OF TRANSACTIONS.—For purposes
of section 1341(a)(1)(B) of title 31, United States Code, the
Balanced Budget and Emergency Deficit Control Act of
1985, the Congressional Budget Act of 1974, and the Budget
Enforcement Act of 1990 and scorekeeping guidelines, the
Office of Management and Budget and the Congressional
Budget Office shall score any contract entered into by the
Administrator under this Act for the purchase, lease-pur-
chase, or lease of any building and its site in the same man-
ner as if the contract was entered into on September 30,
1990.’’.
TITLE XII—DEPARTMENT OF
VETERANS AFFAIRS
Subtitle A—Remove Certain Limi-
tations
and
Restrictions
Con-
tained in Veterans Law
SEC. 12001. REMOVAL OF CERTAIN LIMITATIONS AND RE-
STRICTIONS.
(a) ELIMINATE HOSPITAL AND NURSING HOME BED
CAPACITY REQUIREMENTS.—
(1) Paragraph (1) of subsection (a) of section
8110 of title 38, United States Code, is amended—
(A) by striking ‘‘at not more than 125,000
and not less than 100,000’’; and
197
(B) by striking the third and fourth sen-
tences.
(2) Subsection (a) of section 8111 of such title
is amended to read as follows:
‘‘(a) The Secretary and the Secretary of the Army,
the Secretary of the Air Force, and the Secretary of the
Navy may enter into agreements and contracts for the mu-
tual use or exchange of use of hospital and domiciliary
facilities, and such supplies, equipment, material and
other resources as may be needed to operate such facilities
properly, except that the Secretary may not enter into an
agreement that would in any way subordinate or transfer
the operation of the Department to any other agency of
the Government.’’.
(b) ELIMINATE THE PERSONNEL LEVEL REQUIRE-
MENT FOR THE OFFICE OF INSPECTOR GENERAL.—Sec-
tion 312(b) of title 38, United States Code, is repealed.
(c) ELIMINATE REQUIREMENT TO REPORT TO CON-
GRESS
AGENCY
REORGANIZATIONS.—Sections
510(b)
through 510(f) of title 38, United States Code, are re-
pealed.
(d) ELIMINATE REQUIREMENT FOR CERTAIN SERV-
ICES IN THE VETERANS HEALTH ADMINISTRATION.—
Section 7305 of title 38, United States Code, is amended
to read ‘‘The Veterans Health Administration shall in-
198
clude such professional and auxiliary services as the Sec-
retary may find necessary to carry out the functions of
the Administration.’’.
(e) ELIMINATE CERTAIN REQUIREMENTS ON THE
UNDER SECRETARY FOR HEALTH—
(1) Section 7306(a) of title 38, United States
Code, is amended to read ‘‘(a) The Office of the
Chief Medical Director shall consist of such person-
nel as may be deemed necessary for the purposes of
this chapter.’’.
(2) Section 7306(b) of title 38, United States
Code, is repealed.
(3) Section 7306(c) of title 38, United States
Code, is amended by changing the second sentence
to read ‘‘Such appointments shall be made upon the
recommendation of the Chief Medical Director.’’.
(4) Sections 7306(c), (d), and (e) of title 38,
United States Code, are redesignated as sections
7306(b), (c), and (d), respectively.
199
Subtitle B—Closure of Supply De-
pots and Transfer of Revolving
Supply Fund Money
SEC. 12101. CLOSURE OF SUPPLY DEPOTS AND TRANSFER
OF FUNDS.
Notwithstanding the provisions of section 510(b) and
8121 of title 38, United States Code, the Secretary of Vet-
erans Affairs shall phase out and close the Department
of Veterans Affairs’ Supply Depots, located at Somerville,
New Jersey; Hines, Illinois; and Bell, California over two
fiscal years, beginning in fiscal year 1994 and ending in
fiscal year 1995, and shall transfer from the Department
of Veterans Affairs Revolving Supply Fund to the General
Fund of the Treasury, $45 million by September 30,
1994, and $44 million by September 30, 1995.
Subtitle A—Administrative
Improvements
SEC. 12001. ELIMINATION OF HOSPITAL AND NURSING
HOME BED CAPACITY REQUIREMENTS.
(a) Section 8110(a)(1) of title 38, United States Code,
is amended—
(1) by striking ‘‘at not more than 125,000 and
not less than 100,000’’; and
(2) by striking the third and fourth sentences.
200
(b) Section 8111(a) of such title is amended by striking
out ‘‘result (1)’’ and all that follows through ‘‘maintained
or’’.
SEC. 12002. ELIMINATION OF REQUIREMENT FOR MINIMUM
NUMBER OF PERSONNEL IN THE OFFICE OF
INSPECTOR GENERAL.
Subsection (b) of section 312 of title 38, United States
Code, is amended to read as follows:
‘‘(b) Whenever the Secretary proposes to reduce the au-
thorized number of full-time equivalent employees assigned
to the Office of Inspector General, the Secretary shall submit
to the Committees on Veterans’ Affairs of the Senate and
House of Representatives a report providing notice of the
proposed reduction and a detailed explanation for the pro-
posed reduction. No action to carry out the proposed reduc-
tion may be taken after the submission of such report until
the end of a 45-day period of continuous session of Congress
(determined in the same manner as specified in the last
sentence of section 510(b) of this title) following the date
of the submission of the report.’’.
SEC. 12003. MODIFICATION OF ADMINISTRATIVE REORGA-
NIZATION AUTHORITY.
(a) MODIFICATION OF REQUIREMENT TO REPORT TO
CONGRESS.—Section 510 of title 38, United States Code,
201
is amended by striking out ‘‘90-day’’ both places it appears
in subsection (b) and inserting in lieu thereof ‘‘45-day’’.
(b) AUTHORITY TO REORGANIZE OFFICES IN EVENT
OF EMERGENCY.—Such section is further amended by strik-
ing out subsection (d) and inserting the following:
‘‘(d)(1) The limitation in subsection (b) does not apply
with respect to an administrative reorganization at a medi-
cal facility if the Secretary determines that the reorganiza-
tion is necessary to respond to an emergency situation at
that facility. The Secretary may determine that there is an
emergency situation at a medical facility for purposes of
this subsection only in a case in which there would be an
immediate danger to patients and employees at that facility
without the reorganization. In the case of a facility at which
officials of the Department are considering whether to im-
plement an administrative reorganization before the event
or occurrence which leads to an initial finding that such
an emergency exists, the Secretary may not make such a
determination.
‘‘(2) Whenever the Secretary determines under para-
graph (1) that it is necessary to carry out an administra-
tive reorganization at a medical facility without regard to
the limitation in subsection (b), the Secretary shall submit
a report on that determination to the Committees on Veter-
ans’ Affairs of the Senate and House of Representatives.
202
The report shall provide the same information as is pro-
vided in a detailed plan and justification in the case of
an administrative reorganization subject to subsection (b).
The Secretary shall include in the report an explanation
of the alternatives to the proposed administrative reorga-
nization that were considered and each factor that was con-
sidered in the decision to reject each such alternative.’’.
SEC. 12004. ELIMINATION OF REQUIREMENT FOR CERTAIN
SERVICES IN THE VETERANS HEALTH ADMIN-
ISTRATION.
(a) Section 7305 of title 38, United States Code, is
repealed.
(b) The table of sections at the beginning of chapter
73 of such title is amended by striking the item relating
to section 7305.
SEC. 12005. MODIFICATION OF PHYSICIAN REQUIREMENT
FOR CERTAIN SENIOR VETERANS HEALTH AD-
MINISTRATION OFFICIALS.
(a) UNDER SECRETARY.—Section 305 of title 38,
United States Code, is amended—
(1) in subsection (a)(2), by striking out ‘‘shall be
a doctor of medicine and shall be’’ and inserting in
lieu thereof ‘‘shall (except as provided in subsection
(d)(1)) be a doctor of medicine. The Under Secretary
shall be’’;
203
(2) in subsection (d)—
(A) by adding at the end of paragraph (1)
the following: ‘‘If at the time such a commission
is established both the position of Deputy Under
Secretary for Health and the position of Associ-
ate Deputy Under Secretary for Health are held
by individuals who are doctors of medicine, the
individual appointed by the President as Under
Secretary for Health may be someone who is not
a doctor of medicine. In any case, the Secretary
shall develop, and shall furnish to the commis-
sion, specific criteria which the commission shall
use in evaluating individuals for recommenda-
tions under paragraph (3).’’;
(B) by redesignating paragraph (4) as
paragraph (5);
(C) by inserting after the first sentence of
paragraph (3) the following: ‘‘In a case in
which, pursuant to paragraph (1), the individ-
ual to be appointed as Under Secretary does not
have to be a doctor of medicine, the commission
may make recommendations without regard to
the requirement in subsection (a)(2)(A) that the
Under Secretary be appointed on the basis of
demonstrated ability in the medical profession,
204
but in such a case the commission shall accord
a priority to the selection of a doctor of medicine
over an individual who is not a doctor of medi-
cine.’’; and
(D) by designating the last two sentences of
paragraph (3) as paragraph (4).
(b) DEPUTY AND ASSOCIATE DEPUTY UNDER SEC-
RETARY.—Section 7306 of such title is amended—
(1) in subsection (a)—
(A) by striking out ‘‘of the following:’’ in
the matter preceding paragraph (1) and insert-
ing in lieu thereof ‘‘such personnel as may be
considered necessary for the purposes of this
chapter. In appointing persons to positions in
the Office, the Under Secretary shall consider the
different types of health care services provided to
veterans by the Veterans Health Administration
and shall seek to ensure that appointments in the
Office are made in such a manner that the Office
is staffed so as to provide the Under Secretary
with appropriate expertise in those services. The
Office shall include the following:’’;
(B) by inserting ‘‘(except as provided in
subsection (c))’’ in paragraphs (1) and (2) after
‘‘and who shall’’;
205
(C) by striking out each paragraph after
paragraph (2);
(2) by striking out subsection (b);
(3) by redesignating subsection (c) as subsection
(b) and striking out ‘‘In the case of’’ in the second
sentence and all that follows through ‘‘such appoint-
ments’’ and inserting in lieu thereof ‘‘Such appoint-
ments’’; and
(4) by inserting after subsection (b), as so redes-
ignated, the following new subsection (c):
‘‘(c)(1) If at the time of the appointment of the Deputy
Under Secretary for Health under subsection (a)(1), both
the position of Under Secretary for Health and the position
of Associate Deputy Under Secretary for Health are held
by individuals who are doctors of medicine, the individual
appointed as Deputy Under Secretary for Health may be
someone who is not a doctor of medicine.
‘‘(2) If at the time of the appointment of the Associate
Deputy Under Secretary for Health under subsection (a)(2),
both the position of Under Secretary for Health and the
position of Deputy Under Secretary for Health are held by
individuals who are doctors of medicine, the individual ap-
pointed as Associate Deputy Under Secretary for Health
may be someone who is not a doctor of medicine.’’.
206
SEC. 12006. USE OF FUNDS RECOVERED FROM THIRD PAR-
TIES.
(a) AUTHORIZED USES.—Section 1729(g) of title 38,
United States Code, is amended by adding at the end of
paragraph (3) the following new subparagraph:
‘‘(C) Payments for (i) the purchase of needed
medical equipment, and (ii) such other purposes as
may be specifically authorized by law.’’.
(b) AVAILABILITY OF FUNDS.—Such section is further
amended by striking out paragraph (4) and inserting the
following:
‘‘(4)(A) Not later than December 1 of each year, there
shall be set aside within the Fund a reserve to be used for
the purposes described in paragraph (3)(C). The amount
placed into the reserve each year shall be determined under
subparagraph (B). No funds may be obligated under para-
graph (3)(C) in excess of the funds in the reserve. The re-
serve shall remain available for obligation until expended.
‘‘(B)(i) On December 1, 1993, the amount set aside
for the reserve under subparagraph (A) shall be the amount
by which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30, 1993,
minus any part of such balance that the Secretary de-
termines is necessary to defray, the expenses, pay-
ments, and costs described in paragraph (3), exceeds
207
‘‘(II) $538,600,000.
‘‘(ii) On December 1, 1994, the amount set aside for
the reserve under subparagraph (A) shall be the amount by
which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30, 1994,
minus any part of such balance that the Secretary de-
termines is necessary to defray, the expenses, pay-
ments, and costs described in paragraph (3), exceeds
‘‘(II) $590,500,000.
‘‘(iii) On December 1, 1995, the amount set aside for
the reserve under subparagraph (A) shall be the amount by
which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30, 1995,
minus any part of such balance that the Secretary de-
termines is necessary to defray, the expenses, pay-
ments, and costs described in paragraph (3), exceeds
‘‘(II) $646,000,000.
‘‘(iv) On December 1, 1996, the amount set aside for
the reserve under subparagraph (A) shall be the amount by
which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30, 1996,
minus any part of such balance that the Secretary de-
208
termines is necessary to defray, the expenses, pay-
ments, and costs described in paragraph (3), exceeds
‘‘(II) $698,100,000.
‘‘(v) On December 1, 1997, the amount set aside for
the reserve under subparagraph (A) shall be the amount by
which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30, 1997,
minus any part of such balance that the Secretary de-
termines is necessary to defray, the expenses, pay-
ments, and costs described in paragraph (3), exceeds
‘‘(II) $753,500,000.
‘‘(C) If the amount to be set aside for the reserve for
any year, as calculated under subparagraph (B), is less
than zero, the amount added to the reserve for that year
shall be zero.
‘‘(5) Not later than January 1 of each year, there shall
be deposited into the Treasury as miscellaneous receipts an
amount equal to the amount of the unobligated balance re-
maining in the Fund at the close of business on September
30 of the preceding year minus any part of such balance
that the Secretary determines is necessary in order to enable
the Secretary to defray, during the fiscal year in which the
deposit is made, the expenses, payments, and costs described
209
in paragraph (3), and the amount in the reserve described
in paragraph (4).
‘‘(6) The Secretary shall prescribe regulations for the
allocation of amounts in the reserve under paragraph (4)
to the medical centers of the Department for the purposes
stated in paragraph (3)(C). Those regulations shall be de-
signed to provide incentives to directors of medical centers
to increase the recoveries and collections under this section
by requiring that 20 percent of those amounts be made
available each year directly to the medical centers at which
such recoveries and collections have been at above average
levels. The remaining 80 percent of those funds shall be allo-
cated as the Secretary considers appropriate.’’.
Subtitle B—Closure of Certain
Facilities
SEC. 12101. CLOSURE OF SUPPLY DEPOTS.
(a) IN GENERAL.—The Secretary of Veterans Affairs
shall close the Department of Veterans Affairs’ supply de-
pots specified in subsection (b).
(b) COVERED DEPOTS.—Subsection (a) applies to the
supply depots of the Department of Veterans Affairs at the
following locations:
(1) Somerville, New Jersey.
(2) Hines, Illinois.
(3) Bell, California.
210
(c) DEADLINE.—The Secretary shall complete the ac-
tions required by subsection (a) not later than September
30, 1995.
SEC. 12102. WAIVER OF OTHER PROVISIONS.
Sections 510(b) and 8121 of title 38, United States
Code, do not apply to the actions required under this sub-
title.
Subtitle C—Provision of Informa-
tion From the Medicare and
Medicaid Coverage Data Bank
to the Department of Veterans
Affairs
SEC. 12201. PROVISION OF DATA BANK INFORMATION TO
DEPARTMENT OF VETERANS AFFAIRS.
(a) ADDITIONAL PURPOSE OF DATA BANK.—
(1) The heading to section 1144 of the Social
Security Act is amended by striking ‘‘MEDICARE
AND MEDICAID’’ and inserting ‘‘HEALTH CARE’’.
(2) Subsection (a) of that section is amended—
(A) in the matter preceding paragraph (1),
by striking ‘‘Medicare and Medicaid’’ and in-
serting ‘‘Health Care’’;
(B) by striking ‘‘and’’ at the end of para-
graph (1);
211
(C) by substituting ‘‘, and’’ for the period
at the end of paragraph (2); and
(D) by adding at the end the following:
‘‘(3) assist in the identification of, and the col-
lection from, third parties responsible for payment
for health care items and services furnished to veter-
ans under chapter 17 of title 38, United States
Code.’’.
(b) DISCLOSURE OF DATA BANK INFORMATION TO
SECRETARY
OF
VETERANS
AFFAIRS.—Subsection
(b)(2)(B) of that section is amended by inserting ‘‘to the
Secretary of Veterans Affairs and’’ after ‘‘Data Bank’’.
Subtitle D—Veterans’ Appeals
Improvement Act of 1993
SEC. 12301. SHORT TITLE; REFERENCES TO TITLE 38, UNIT-
ED STATES CODE.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Veterans’ Appeals Improvement Act of 1993’’.
(b) REFERENCES.—Except as otherwise expressly
provided, whenever in this subtitle an amendment is ex-
pressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to
a section or other provision of title 38, United States
Code.
212
SEC. 12302. COMPOSITION OF THE BOARD OF VETERANS’
APPEALS.
(a) BOARD MEMBERS
AND PERSONNEL.—Section
7101(a) is amended to read as follows:
‘‘(a)(1) There is in the Department a Board of Veter-
ans’ Appeals (hereafter in this chapter referred to as the
‘Board’). The Board is under the administrative control
and supervision of a Chairman directly responsible to the
Secretary.
‘‘(2) The members of the Board shall be the Chair-
man, a Vice Chairman, such number of Deputy Vice
Chairmen as the Chairman may designate under sub-
section (b)(4), and such number of other members as may
be found necessary to conduct hearings and consider and
dispose of matters properly before the Board in a timely
manner. The Board shall have such other professional, ad-
ministrative, clerical, and stenographical personnel as are
necessary to conduct hearings and consider and dispose
of matters properly before the Board in a timely man-
ner.’’.
(b) APPOINTMENT AND REMOVAL OF BOARD MEM-
BERS.—Section 7101(b) is amended—
(1) in paragraph (2)(A) by striking ‘‘other
members of the Board (including the Vice Chair-
man)’’ and inserting ‘‘Board members other than
the Chairman’’;
213
(2) in paragraph (2)(B) by striking ‘‘para-
graph’’ and inserting ‘‘subparagraph’’; and
(3) by striking paragraph (4) and inserting the
following:
‘‘(4) The Secretary shall designate one Board
member as Vice Chairman based upon recommenda-
tions of the Chairman. The Chairman may designate
one or more Board members as Deputy Vice Chair-
men. The Vice Chairman and any Deputy Vice
Chairman shall perform such functions as the Chair-
man may specify. The Vice Chairman shall serve as
Vice Chairman at the pleasure of the Secretary. Any
Deputy Vice Chairman shall serve as Deputy Vice
Chairman at the pleasure of the Chairman.’’.
(c) ACTING BOARD MEMBERS.—SECTION 7101(C) IS
AMENDED BY—
(1) striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) The Chairman may from time to time des-
ignate one or more employees of the Department to
serve as acting Board members.’’;
(2) striking paragraph (2) in its entirety; and
(3) redesignating paragraph (3) as paragraph
(2) and in that paragraph by—
214
(A) striking ‘‘temporary Board members
designated under this subsection and the num-
ber of’’; and
(B) striking ‘‘section 7102(a)(2)(A)(ii) of
this title’’ and inserting in lieu thereof ‘‘para-
graph (1)’’.
(d)
CHAIRMAN’S
ANNUAL
REPORT.—Section
7101(d)(2) is amended—
(1) in subparagraph (D) by striking ‘‘year;
and’’ and inserting ‘‘year;’’;
(2) in subparagraph (E) by striking ‘‘year.’’
and inserting ‘‘year; and’’; and
(3) by adding at the end of paragraph (2) the
following new subparagraph:
‘‘(F) the names of those employees of the De-
partment designated under subsection (c)(1) to serve
as acting Board members during that year and the
number of cases each such acting Board member
participated in during that year.’’.
(e) CONFORMING AMENDMENTS.—
(1) Section 7101(d)(3)(B) is amended by strik-
ing
‘‘section
7103(d)’’
and
inserting
‘‘section
7101(b)’’.
(2) Section 7101(e) is amended by striking ‘‘a
temporary or’’ and inserting ‘‘an’’.
215
SEC.
12303.
ASSIGNMENT
OF
MATTERS
BEFORE
THE
BOARD.
Section 7102 is amended to read as follows:
‘‘§ 7102. Assignment of matters before the Board
‘‘The Chairman may determine any matter before the
Board, or rule on any motion in connection therewith, or
may assign any such matter or motion to any other Board
member or a panel of members for determination. Any
such assignment by the Chairman may not be reviewed
by any other official or by any court, whether by an action
in the nature of mandamus or otherwise.’’.
SEC. 12304. DETERMINATIONS BY THE BOARD.
(a) IN GENERAL.—Section 7103(a) is amended to
read as follows:
‘‘(a) When the Chairman retains a matter or submits
it to another Board member or a panel of members for
determination in accordance with section 7102 of this
title, or to an expanded panel of Board members in ac-
cordance with subsection (b) of this section, the Chairman,
other member, or panel of members may:
‘‘(1) Issue an order dismissing any appeal, in
whole or in part, which fails to allege specific error
of fact or law in the determination being appealed
or in which the determination being appealed has be-
come moot. Each order of dismissal shall include a
written statement of the Board’s findings and con-