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such loan or mortgage, in a manner that will provide
rental housing on terms at least as advantageous to
existing and future tenants as the terms required by
the program under which the loan or mortgage was
made or insured prior to the assignment of the loan
or mortgage on such project to the Secretary.
‘‘(2) SALE OF CERTAIN PROJECTS.—The Sec-
retary may not approve the sale of any subsidized
project—
‘‘(A) that is subject to a mortgage held by
the Secretary; or
‘‘(B) if the sale transaction involves the
provision of any additional subsidy funds by the
Secretary or a recasting of the mortgage, unless
such sale is made as part of a transaction that
will ensure that such project will continue to
operate at least until the maturity date of the
loan or mortgage, in a manner that will provide
rental housing on terms at least as advan-
tageous to existing and future tenants as the
terms required by the program under which the
loan or mortgage was made or insured prior to
the proposed sale of the project.
‘‘(3) MORTGAGE SALES TO STATE AND LOCAL
GOVERNMENTS.—Notwithstanding any provision of
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law that may require competitive sales or bidding,
the Secretary may carry out negotiated sales of sub-
sidized or formerly subsidized mortgages held by the
Secretary, without the competitive selection of pur-
chasers or intermediaries, to units of general local
government or State agencies, or groups of investors
that include at least one such unit of general local
government or State agency, if the negotiations are
conducted with such agencies, except that—
‘‘(A) the terms of any such sale shall in-
clude the agreement of the purchasing agency
or unit of local government or State agency to
act as mortgagee or owner of a beneficial inter-
est in such mortgages, in a manner consistent
with maintaining the projects that are subject
to such mortgages for occupancy by the general
tenant group intended to be served by the appli-
cable mortgage insurance program, including,
to the extent the Secretary determines appro-
priate, authorizing such unit of local govern-
ment or State agency to enforce the provisions
of any regulatory agreement or other program
requirements applicable to the related projects;
and
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‘‘(B) the sales prices for such mortgages
shall be, in the determination of the Secretary,
the best prices that may be obtained for such
mortgages from a unit of general local govern-
ment or State agency, consistent with the ex-
pectation and intention that the projects fi-
nanced will be retained for use under the appli-
cable mortgage insurance program for the life
of the initial mortgage insurance contract.
‘‘(4) 
SALE
OF
MORTGAGES
COVERING
UNSUBSIDIZED
PROJECTS.—Notwithstanding 
any
other provision of law, the Secretary may sell mort-
gages held on unsubsidized projects on such terms
and conditions as the Secretary may prescribe.
‘‘(m) REPORT TO CONGRESS.—Not later than June
1 of each year, the Secretary shall submit to the Commit-
tee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Banking, Finance and Urban Af-
fairs of the House of Representatives, a report describing
the status of multifamily housing projects owned by or
subject to mortgages held by the Secretary, which report
shall include—
‘‘(1) the name, address, and size of each
project;
‘‘(2) the nature and date of assignment;
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‘‘(3) the status of the mortgage;
‘‘(4) the physical condition of the project;
‘‘(5) an occupancy profile of the project, includ-
ing the income, family size, and race of current resi-
dents as well as the rents paid by such residents;
‘‘(6) the proportion of units in a project that
are vacant;
‘‘(7) the date on which the Secretary became
mortgagee in possession;
‘‘(8) the date and conditions of any foreclosure
sale;
‘‘(9) the date of acquisition by the Secretary;
‘‘(10) the date and conditions of any property
disposition sale;
‘‘(11) a description of actions undertaken pur-
suant to this section, including—
‘‘(A) a comparison of results between ac-
tions taken after enactment of the Housing and
Community Development Act of 1993 and ac-
tions taken in years prior to such enactment;
‘‘(B) a description of any impediments to
the disposition or management of multifamily
housing projects, together with a recommenda-
tion of proposed legislative or regulatory
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changes designed to ameliorate such impedi-
ments;
‘‘(C) a description of actions taken to re-
structure or commence foreclosure on delin-
quent multifamily mortgages held by the De-
partment; and
‘‘(D) a description of actions taken to
monitor and prevent the default of multifamily
housing mortgages held by the Federal Housing
Administration;
‘‘(12) a description of any of the functions per-
formed in connection with this section that are con-
tracted out to public or private entities or to States,
including—
‘‘(A) the costs associated with such delega-
tion;
‘‘(B) the implications of contracting out or
delegating such functions for current Depart-
ment field or regional personnel, including an-
ticipated personnel or work load reductions;
‘‘(C) necessary oversight required by De-
partment personnel, including anticipated per-
sonnel hours devoted to such oversight;
‘‘(D) a description of any authority grant-
ed to such public or private entities or States
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in conjunction with the functions that have
been delegated or contracted out or that are not
otherwise available for use by Department per-
sonnel; and
‘‘(E) the extent to which such public or
private entities or States include tenants of
multifamily housing projects in the disposition
planning for such projects;
‘‘(13) a description of the activities carried out
under subsection (j) during the preceding year; and
‘‘(14) a description and assessment of the rules,
guidelines, and practices governing the Department’s
management of multifamily housing projects that
are owned by the Secretary (or for which the Sec-
retary is mortgagee in possession) as well as the
steps that the Secretary has taken or plans to take
to improve the management performance of the De-
partment.’’.
(c) EFFECTIVE DATE.—The Secretary shall, by no-
tice published in the Federal Register, which shall take
effect upon publication, establish such requirements as
may be necessary to implement the amendments made by
this section. The notice shall invite public comments, and
the Secretary shall issue final regulations based on the ini-
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‘‘(2)(A) For a family receiving tenant-based assist-
ance, where the rent (including the amount allowed for
tenant-paid utilities) does not exceed the payment stand-
ard, the monthly assistance payment shall be the amount
by which the rent exceeds the highest of the following
amounts, rounded to the nearest dollar:
‘‘(i) 30 percent of the family’s monthly adjusted
income;
‘‘(ii) 10 percent of the family’s monthly income;
or
‘‘(iii) if the family is receiving payments for
welfare assistance from a public agency and a part
of such payments, adjusted in accordance with the
family’s actual housing costs, is specifically des-
ignated by such agency to meet the family’s housing
costs, the portion of such payments which is so des-
ignated.
‘‘(B) For a family receiving tenant-based assistance,
where the rent (including the amount allowed for tenant-
paid utilities) exceeds the payment standard, the monthly
assistance payment shall be the amount by which the ap-
plicable payment standard exceeds the highest of the fol-
lowing amounts, rounded to the nearest dollar:
‘‘(i) 30 percent of the family’s monthly adjusted
income;
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‘‘(ii) 10 percent of the family’s monthly income;
or
‘‘(iii) if the family is receiving payments for
welfare assistance from a public agency and a part
of such payments, adjusted in accordance with the
family’s actual housing costs, is specifically des-
ignated by such agency to meet the family’s housing
costs, the portion of such payments which is so des-
ignated.
‘‘(C) For a family receiving project-based assistance,
the rent the family is required to pay shall be determined
in accordance with section 3(a)(1) and the amount of the
housing assistance payment shall be determined in accord-
ance with subsection (c)(3).
‘‘(3) At the time a family initially receives tenant-
based assistance with respect to any unit, the total amount
a family may pay towards rent may not exceed 45 percent
of the family’s monthly adjusted income.
‘‘(4) At the time a family initially receives assistance
under the certificate program, a family shall qualify as—
‘‘(A) a very low-income family;
‘‘(B) a family previously assisted under this
Act; or
‘‘(C) a low-income family that meets eligibility
criteria specified by the Secretary.
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‘‘(5) Reviews of family income shall be made at least
annually.
‘‘(6)(A) In selecting families to be assisted, pref-
erence shall be given to families which, at the time they
are seeking assistance, (i) occupy substandard housing
(including families that are homeless or living in a shelter
for homeless families), (ii) are involuntarily displaced, or
(iii) are paying more than 50 percent of family income
for rent; except that any family otherwise eligible for as-
sistance under this section may not be denied preference
for tenant-based assistance (or delayed or otherwise ad-
versely affected in the provision of such assistance) solely
because the family resides in public housing.
‘‘(B) A public housing agency may provide for cir-
cumstances in which families who do not qualify for any
preference established in subparagraph (A) are provided
assistance under this subsection before families who do
qualify for such preference. However, not more than 10
percent in the case of tenant-based assistance and not
more than 30 percent in the case of project-based assist-
ance (or such higher percentage, in either case, deter-
mined by the Secretary to be necessary) of the families
who initially receive assistance in any 1-year period may
be families who do not qualify for such preference. The
public housing agency shall, in implementing the preced-
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ing sentence, establish a system of preferences in writing
and after public hearing to respond to local housing needs
and priorities which may include—
‘‘(i) assisting very low-income families who ei-
ther reside in transitional housing assisted under
title IV of the Stewart B. McKinney Homeless As-
sistance Act, or participate in a program designed to
provide public assistance recipients with greater ac-
cess to employment and educational opportunities;
‘‘(ii) assisting families identified by local public
agencies involved in providing for the welfare of chil-
dren as having a lack of adequate housing that is a
primary factor in the imminent placement of a child
in foster care, or in preventing the discharge of a
child from foster care and reunification with his or
her family;
‘‘(iii) assisting youth, upon discharge from fos-
ter care, in cases in which return to the family or
extended family or adoption is not available;
‘‘(iv) assisting veterans who will use the assist-
ance for a dwelling unit designed for the handi-
capped, and upon discharge or eligibility for dis-
charge from a hospital or nursing home, have a
physical disability which, because of the configura-
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tion of their homes, prevents them from access to or
use of their homes; and
‘‘(v) achieving other objectives of national hous-
ing policy as affirmed by Congress.
‘‘(C) Any individual or family evicted from housing
assisted under the Act by reason of drug-related criminal
activity (as defined in subsection (f)(5)) shall not be eligi-
ble for a preference under any provision of this subpara-
graph for 3 years unless the evicted tenant successfully
completes a rehabilitation program approved by the Sec-
retary (which shall include waiver for any member of a
family of an individual prohibited from tenancy under this
clause who the agency determines clearly did not partici-
pate in and had no knowledge of such criminal activity
or when circumstances leading to eviction no longer exist).
‘‘(7) The Secretary shall require, for any unit, that—
‘‘(A) the public housing agency inspect the unit
before any assistance payment may be made to de-
termine that the unit meets housing quality stand-
ards for decent, safe, and sanitary housing estab-
lished by the Secretary for the purpose of this sec-
tion; and
‘‘(B) the public housing agency make annual or
more frequent inspections during the contract term.
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No assistance payment may be made for a dwelling unit
which fails to meet such quality standards, unless any
such failure is promptly corrected by the owner and the
correction is verified by the public housing agency.
‘‘(8) If a family vacates a dwelling unit, no assistance
payment may be made for the unit after the month during
which the unit was vacated.
‘‘(9) A public housing agency may adjust its payment
standard under this subsection where necessary to assure
continued affordability for families receiving tenant-based
assistance.
‘‘(10) The Secretary may set aside up to 5 percent
of the budget authority available under this subsection as
an adjustment pool. The Secretary shall use amounts in
the adjustment pool for adjustments pursuant to para-
graph (9) to ensure continued affordability where the Sec-
retary determines additional assistance for this purpose is
necessary, based on documentation submitted by a public
housing agency.
‘‘(11)(A) The rent for units assisted under this sub-
section shall be reasonable in comparison with rents
charged for comparable units in the private unassisted
market.
‘‘(B) A public housing agency shall, at the request
of a family receiving tenant-based assistance under this
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for assistance payments for such period or periods as the
Secretary determines to be appropriate to achieve long-
term affordability of the housing. The contract shall obli-
gate the owner to have such extensions of the underlying
contract for assistance payments accepted by the owner
and the owner’s successors in interest. To the extent as-
sistance is used as provided in the second sentence of sub-
paragraph (B), the contract for assistance may, at the op-
tion of the public housing agency, have an initial term not
exceeding 15 years.
‘‘(E) The Secretary shall annually survey public
housing agencies to determine which public housing agen-
cies have, in providing assistance in such year, reached
the 15 percent limitations contained in subparagraphs (A)
and (B), and shall report to the Congress on the results
of the survey.
‘‘(F) For project-based assistance under this para-
graph, assistance contracts shall establish rents, and pro-
vide for rent adjustments, in accordance with subsection
(c).
‘‘(14) A family may lease a unit, other than a public
housing unit, from the public housing agency with assist-
ance under this subsection. The Secretary may establish
appropriate program requirements for units owned by the
public housing agency, including requirements for HUD
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approval of initial rents, rent adjustments, and adminis-
trative fees, taking into account that the agency admin-
istering the assistance is also the owner of the assisted
unit.
‘‘(15) Subsection (c) shall not apply to tenant-based
assistance under this subsection, except that subsections
(c)(9) and (c)(10) shall apply.’’.
(b) PORTABILITY.—Section 8(r) is amended—
(1) in each of paragraphs (1) and (3), by strik-
ing ‘‘subsection (b) or’’;
(2) in paragraph (3), by inserting at the end
the following new sentence: ‘‘The Secretary may re-
serve amounts available for assistance under sub-
section (o) to compensate public housing agencies
which issue certificates to families that move into
the jurisdiction of the agency under portability pro-
cedures.’’; and
(3) by adding the following new paragraph at
the end:
‘‘(5) A family may not receive a certificate from
an agency and move to another jurisdiction under
the tenant-based assistance program, if the family
has moved out of its assisted unit in violation of its
lease.’’.
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(c) HOMEOWNERSHIP
OPTION.—Section 8(y) is
amended—
(1) in paragraph (1)(A), by inserting before the
semicolon ‘‘or owns or is acquiring shares in a coop-
erative’’;
(2) in paragraph (1)(B)(i), by inserting before
the semicolon ‘‘and demonstrates to the public hous-
ing agency that it has sufficient resources for home-
ownership’’; and
(3) by amending paragraph (2)(A) to read as
follows:
‘‘(A) DETERMINATION OF AMOUNT OF AS-
SISTANCE.—
‘‘(i) Where the monthly homeowner-
ship expenses, as determined in accordance
with requirements established by the Sec-
retary, do not exceed the payment stand-
ard, the monthly assistance payment shall
be the amount by which the homeowner-
ship expenses exceed the highest of the fol-
lowing amounts, rounded to the nearest
dollar:
‘‘(I) 30 percent of the family’s
monthly adjusted income;
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‘‘(II) 10 percent of the family’s
monthly income; or
‘‘(III) if the family is receiving
payments for welfare assistance from
a public agency and a part of such
payments, adjusted in accordance with
the family’s actual housing costs, is
specifically designated by such agency
to meet the family’s housing costs, the
portion of such payments which is so
designated.
‘‘(ii) Where the monthly homeowner-
ship expenses, as determined in accordance
with requirements established by the Sec-
retary, exceed the payment standard, the
monthly assistance payment shall be the
amount by which the applicable payment
standard exceeds the highest of the follow-
ing amounts, rounded to the nearest dollar:
‘‘(I) 30 percent of the family’s
monthly adjusted income;
‘‘(II) 10 percent of the family’s
monthly income; or
‘‘(III) if the family is receiving
payments for welfare assistance from
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a public agency and a part of such
payments, adjusted in accordance with
the family’s actual housing costs, is
specifically designated by such agency
to meet the family’s housing costs, the
portion of such payments which is so
designated.’’.
(d) TECHNICAL AND CONFORMING AMENDMENTS TO
THE 1937 ACT; DELETION OF OBSOLETE PROVISIONS.—
(1) The second and third sentences of section
8(a) are hereby repealed.
(2) Section 8(b) is amended by—
(A) striking ‘‘RENTAL CERTIFICATES AND
OTHER EXISTING HOUSING PROGRAMS.—’’ and
inserting ‘‘CERTIFICATES AND OTHER EXIST-
ING HOUSING PROGRAMS.—(1)’’; and
(B) striking the second sentence.
(3) Section 8(c)(3) is amended by striking the
subparagraph designation ‘‘(A)’’ and striking all of
subparagraph (B).
(4) The first sentence of section 8(c)(4) is
amended by striking ‘‘or by a family that qualifies
to receive’’ and all that follows through ‘‘1990’’.
(5) Sections 8(c) (5) and (7) are hereby re-
pealed.
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(6) Section 8(c)(8) is amended by inserting
after ‘‘section’’ the following: ‘‘(other than a con-
tract under section 8(o)(13))’’.
(7) Section 8(d)(1)(A) is amended—
(A) by inserting after the subparagraph
designation ‘‘(A)’’ the following: ‘‘except for as-
sistance under subsection (o),’’;
(B) in clause (i) by striking ‘‘(I)’’;
(C) in clause (i), by striking ‘‘and (II) 90
percent of such families in the case of assist-
ance not attached to a structure’’; and
(D) in clause (i), by striking ‘‘except’’ and
all that follows through the semicolon at the
end.
(8) Section 8(d)(2) is amended by striking the
third sentence of subparagraph (A) and all that fol-
lows through the end of paragraph (2).
(9) Section 8(f) is amended by—
(A) in paragraph (6), striking ‘‘(d)(2)’’
and inserting ‘‘(o)(13)’’; and
(B) in paragraph (7), striking ‘‘(b) or’’
and inserting before the period the following:
‘‘and that provides for the eligible family to se-
lect suitable housing and to move to other suit-
able housing’’.
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(10) Section 8(j) is hereby repealed.
(11) Section 8(n) is hereby repealed.
(12) The first sentence of section 8(q)(1) and
sections 8(q)(2)(A)(i) and 8(q)(2)(B) are each
amended by striking ‘‘subsections (b) and (o)’’ and
inserting ‘‘this section’’.
(13) Section 18(b)(3) is amended—
(A) in subparagraph (A)(v), by striking
‘‘(excluding vouchers under section 8(o))’’ each
place it appears;
(B) in subparagraph (B), by striking
‘‘8(d)(2)(A)’’ and inserting ‘‘8(o)(13)’’;
(C) in subparagraph (B)(ii), by striking
‘‘(excluding vouchers under section 8(o))’’; and
(D) in subparagraph (C)(i), by striking
‘‘and vouchers’’.
(14) Section 21(b)(3) is amended—
(A) in the first sentence, by striking ‘‘cer-
tificate under section 8(b)(1) or a housing
voucher under section 8(o)’’ and inserting ‘‘ten-
ant-based assistance under section 8’’; and
(B) by striking the second sentence.
(15) Section 23(b)(3)(A) is amended by strik-
ing ‘‘Certificate and voucher assistance under sec-
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tion 8 (b) and (o)’’ and inserting ‘‘Tenant-based as-
sistance under section 8’’.
(e) OTHER TECHNICAL AND CONFORMING AMEND-
MENTS.—
(1) Section 931 of the Cranston-Gonzalez Na-
tional Affordable Housing Act is amended by strik-
ing ‘‘assistance under the certificate and voucher
programs under sections 8 (b) and (o)’’ and insert-
ing ‘‘tenant-based assistance under section 8’’.
(2) Section 861(b)(1)(D) of the Cranston-Gon-
zalez National Affordable Housing Act is amended
by striking ‘‘certificates or vouchers’’ and inserting
‘‘assistance’’.
(3) Section 183(c)(2) of the Housing and Com-
munity Development Act of 1987 is amended by
striking ‘‘section 8(o)’’ and inserting ‘‘section 8’’.
(4) Section 223(a) of the Housing and Commu-
nity Development Act of 1987 is amended by strik-
ing ‘‘sections 8(b) and 8(o)’’ and inserting ‘‘section
8’’.
(5) The second sentence of section 533(a) of
the Housing Act of 1949 is amended by striking
‘‘assistance payments as provided by section 8(o)’’
and inserting ‘‘tenant-based assistance as provided
under section 8’’.
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(f) IMPLEMENTATION.—The amendments made by
this section shall take effect upon the date specified in
a regulation or notice published by the Secretary in the
Federal Register. The Secretary may provide for the con-
version of assistance under the certificate and voucher
programs, as they existed before the effective date of the
amendments made by this section, to the certificate pro-
gram established under this section. However, the Sec-
retary may continue to apply the provisions of the United
States Housing Act of 1937 and other statutes amended
by this section, as they existed immediately before such
effective date, to assistance obligated by the Secretary be-
fore such effective date for the certificate or voucher pro-
gram, where necessary for simplification of program ad-
ministration, avoidance of hardship, or other good cause.
Subtitle C—Streamline HUD
SEC. 6201. HUD STREAMLINING.
The Secretary of Housing and Urban Development
shall carry out the recommendation of the Report of the
National Performance Review, issued on September 7,
1993, that the Department streamline its headquarters,
regional, and field office structure and consolidate and re-
duce its size, without regard to the requirements of section
7(p) of the Department of Housing and Urban Develop-
ment Act.
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Subtitle D—Refinance Section 235
Mortgages
SEC. 6301. SECTION 235 MORTGAGE REFINANCING.
Section 235(r) of the National Housing Act is
amended—
(1) in paragraph (2)(C), by inserting after ‘‘re-
financed’’ the following: ‘‘, plus the costs incurred in
connection with the refinancing as described in para-
graph (4)(B) to the extent that the amount for those
costs is not otherwise included in the interest rate
as permitted by subparagraph (E) or paid by the
Secretary as authorized by paragraph (4)(B)’’;
(2) in paragraph (4)—
(A) by inserting after ‘‘otherwise)’’ the fol-
lowing: ‘‘and the mortgagee with respect to the
amount described in paragraph (A)’’; and
(B) in subparagraph (A), by inserting after
‘‘mortgagor’’ the following: ‘‘and the mortga-
gee’’; and
(3) by revising paragraph (5) to read as follows:
‘‘(5) The Secretary shall use amounts of budget
authority recaptured from assistance payments con-
tracts relating to mortgages that are being refi-
nanced for assistance payments contracts with re-
spect to mortgages insured under this subsection.
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The Secretary may also make such recaptured
amounts available for incentives under paragraph
(4)(A) and the costs incurred in connection with the
refinancing under paragraph (4)(B). For purposes
of subsection (c)(3)(A), the amount of recaptured
budget authority that the Secretary commits for as-
sistance payments contracts relating to mortgages
insured under this subsection and for amounts paid
under paragraph (4) shall not be construed as ‘un-
used.’ ’’.
Subtitle E—Section 8 Rents for
New Construction and Rehabili-
tation Projects
SEC. 6401. SECTION 8 RENTS FOR NEW CONSTRUCTION AND
REHABILITATION PROJECTS.
Notwithstanding any other provision of law, the max-
imum monthly contract rents for new construction and
substantial rehabilitation projects under section 8 of the
United States Housing Act of 1937 shall not be adjusted
as provided under section 8(c)(2)(A) for 1 year after the
date of enactment of this Act.
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TITLE VII—DEPARTMENT OF
THE INTERIOR
Subtitle A—Improve the Federal
Helium Program
SEC. 7001. AMENDMENTS TO HELIUM ACT AMENDMENTS OF
1960.
(a) Section 4 of the Helium Act Amendments of 1960
(74 Stat. 920, 50 U.S.C. 167b) is amended to insert after
‘‘lands acquired, leased, or reserved;’’ the following: ‘‘re-
duce costs and increase operational efficiencies, especially
in operations that do not produce revenue; establish and
adjust fees charged private industry for storage, trans-
mission, and withdrawal of privately-owned helium from
Government storage facilities to compensate fully for all
costs incurred;’’.
(b) Section 6 of the Helium Act Amendments of 1960
(74 Stat. 921, 50 U.S.C. 167d) is amended—
(1) by amending subsection (b) to read:
‘‘(b) The Secretary is authorized to sell helium for
Federal, medical, scientific, and commercial uses in such
quantities and under such terms and conditions as the
Secretary determines. Sales shall be made in quantities
and a manner to avoid undue disruption of the usual mar-
kets of producers, processors, and consumers of helium
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and to protect the United States against avoidable loss.’’;
and
(2) by amending subsection (c) to read:
‘‘(c) Sales of helium by the Secretary shall be at
prices, as established by the Secretary, that are adequate
to cover all costs incurred in carrying out the provisions
of this Act. Helium shall be sold at prices comparable to
helium sold by private industry. An annual review of price
comparability shall be made and adjustments shall be
made accordingly.’’.
SEC. 7002. LONG-TERM COMPREHENSIVE PLAN.
The Secretary of the Interior shall prepare and de-
velop a long-term, comprehensive plan to (1) cancel the
outstanding debt owed to the Treasury by the Department
of the Interior related to the Federal helium program; and
(2) improve Federal helium program operations over a
multi-year period. The plan should analyze various options
to accomplish (1) and (2) above, with emphasis on ways
to minimize adverse impacts on Federal employment, Fed-
eral helium purchasers, and U.S. private sector helium
markets. The plan, with the Secretary’s preferred options,
shall be presented to the President within 4 months of
enactment of this Act. The President may adopt the plan,
in whole or in part, and is authorized to cancel the out-
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standing debt upon a finding that such debt cancellation
is in the national interest.
Subtitle B—Improve Minerals Man-
agement Service Royalty Collec-
tion
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) such other actions as may be necessary to reduce
royalty underpayment and increase 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
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et seq.) is amended by adding a new subsection 111(h)
as follows:
‘‘PENALTY ASSESSMENT FOR SUBSTANTIAL
UNDERREPORTING OF ROYALTY’’
‘‘SEC. 111. (h)(1) If there is any underreporting of
royalty owed on production from any lease issued or ad-
ministered by the Secretary for the production of oil, gas,
coal, any other mineral, or geothermal steam, from any
Federal or Indian lands or the Outer Continental Shelf,
for any production month, by any person who is respon-
sible for paying royalty, the Secretary may assess a pen-
alty of 10 percent of the amount of that underreporting.
‘‘(2) If there is a substantial underreporting of roy-
alty owed on production from any lease issued or adminis-
tered by the Secretary for the production of oil, gas, coal,
any other mineral, or geothermal steam, from any Federal
or Indian lands or the Outer Continental Shelf, for any
production month, by any person who is responsible for
paying royalty, the Secretary may assess a penalty of 20
percent of the amount of that substantial underreporting.
‘‘(3) For purposes of this section, the term
‘underreporting’ means the difference between the royalty
on the value of the production which should have been re-
ported and the royalty on the value of the production
which was reported, if the value of the production which
should have been reported is greater than the value of the
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production which was reported. An underreporting con-
stitutes a ‘substantial underreporting’ if such difference
exceeds 10 percent of the royalty on the value of the pro-
duction which should have been reported.
‘‘(4) The Secretary shall not impose the assessment
provided in paragraphs (1) or (2) if the person corrects
the underreporting before the date the person receives no-
tice from the Secretary that an underreporting may have
occurred, or before 90 days after the date of enactment
of this section, whichever is later.
‘‘(5) The Secretary shall waive any portion of an as-
sessment provided in paragraphs (1) or (2) attributable
to that portion of the underreporting for which the person
demonstrates that—
‘‘(i) the person had written authorization from
the Secretary to report royalty on the value of the
production on the basis on which it was reported, or
‘‘(ii) the person had substantial authority for
reporting royalty on the value of the production on
the basis on which it was reported, or
‘‘(iii) the person previously had notified the
Secretary, in such manner as the Secretary may by
rule prescribe, of relevant reasons or facts affecting
the royalty treatment of specific production which
led to the underreporting, or
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‘‘(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—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.
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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.’’.
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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,
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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.’’.
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(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,
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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-
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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:
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‘‘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-
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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
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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-
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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.
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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
Subtitle A—Authority to Charge
Tuition for Attendance at the
U.S. Merchant Marine Academy
SEC. 11001. TUITION FOR U.S. MERCHANT MARINE ACAD-
EMY.
Section 1303(d) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1295b(d)), is amended to read as follows:
‘‘(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.
‘‘(2) Beginning with the class of individuals first en-
tering the Academy in the 1995–1996 academic year, the
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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.
‘‘(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.’’.
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:
‘‘(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 and
may not be located fewer than 70 highway miles
from the nearest hub airport or small hub airport;’’
and
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(2) revising paragraph (l)(2) to read as follows:
‘‘(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.
Such amounts shall remain available until expended.
Unobligated balances that remain available as of
September 30, 1994, are rescinded.’’.
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.
All authority for—
(1) the Secretary of Transportation to enter
into grant agreements with universities or colleges
having an airway science curriculum recognized by
the Federal Aviation Administration, to conduct
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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.
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-
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.
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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.
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
(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
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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-
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-
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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.
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
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Fund of the Treasury, $45 million by September 30,
1994, and $44 million by September 30, 1995.
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);
(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-
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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.
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
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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’’;
(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-
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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—
(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)’’.
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(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’’.
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
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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-
clusions, and the reasons or bases for those findings
and conclusions, in support of the dismissal.
‘‘(2) Issue an order remanding the case, in
whole or in part, to the agency of original jurisdic-
tion for such additional development as the Chair-
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man, other member, or panel of members may con-
sider necessary for proper disposition of the case.
‘‘(3) Render a written decision with respect to
any issues not dismissed or remanded, which deci-
sion shall constitute the Board’s final disposition of
the issues so decided. Such decisions shall be based
on the entire record in the proceeding, upon consid-
eration of all evidence and material of record, and
upon applicable provisions of law and regulation.
The Board shall be bound in its decisions, including
allowances made under the provisions of subsection
(d) of this section, by the regulations of the Depart-
ment, the instructions of the Secretary, and the
precedent opinions of the chief legal officer of the
Department. Each decision of a Board member or a
panel of members shall include—
‘‘(A) a written statement of the Board’s
findings and conclusions, and the reasons or
bases for those findings and conclusions, on all
material issues of fact and law presented on the
record; and
‘‘(B) an order granting appropriate relief
or denying relief.
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Decisions by a panel of Board members, except as other-
wise provided in subsection (b), shall be made by a major-
ity of the members of the panel.’’.
(b) RECONSIDERATION.—Section 7103(b) is amend-
ed to read as follows:
‘‘(b) The decision of a Board member or a panel of
members is final, unless the Chairman orders reconsider-
ation of the case, and a claim disallowed by the Board
may not thereafter be reopened or allowed except as pro-
vided in section 5108 of this title and subsection (d) of
this section. If the Chairman orders reconsideration in a
case, the case shall be considered upon reconsideration by
a panel of members other than the Chairman if one mem-
ber originally decided the case or by an expanded panel
of members other than the Chairman if a panel originally
decided the case. When a panel considers a case after a
motion for reconsideration has been granted, the decision
of a majority of the panel members shall constitute the
final decision of the Board, except as provided in sub-
section (d). If the expanded panel cannot reach a majority
decision, the Chairman may either assign additional mem-
bers other than the Chairman to the panel or vote with
the members of the expanded panel so as to create a ma-
jority decision. Either the expanded panel majority or the
majority made with the vote of the Chairman shall con-
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stitute the final decision of the Board, except as provided
in subsection (d).’’.
(c) ADMINISTRATIVE ALLOWANCE; NOTICE OF DE-
TERMINATION.—Section 7103 is further amended by add-
ing at the end of the following:
‘‘(d) Whenever a Board member other than the
Chairman or Vice Chairman is of the opinion that a prior,
otherwise final denial of a claim should be revised or
amended to allow the claim in whole or in part, based on
a difference of opinion as to how the evidence should be
evaluated rather than on any error in the prior decision,
the Board member shall recommend such allowance to the
Chairman or Vice Chairman. The Chairman or Vice
Chairman, whether upon the recommendation of any other
Board member or upon the Chairman’s or Vice Chair-
man’s own motion, if of the opinion that a prior, otherwise
final denial of a claim should be revised or amended to
allow the claim in whole or in part, based on a difference
of opinion as to how the evidence should be evaluated rath-
er than on any error in the prior decision, shall approve
the award of any benefit, or any increase therein, on the
basis of such difference of opinion. The discretionary exer-
cise of the authority provided to the Chairman and Vice
Chairman under this subsection shall not be reviewed by
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any other official or by any court, whether by an action
in the nature of mandamus or otherwise.
‘‘(e) After reaching a determination under any of the
provisions of this section, the Board shall promptly mail
a copy of its written decision to the appellant and the ap-
pellant’s authorized representative (if any) at the last
known address of the appellant and at the last known ad-
dress of such representative (if any), respectively.’’.
SEC. 12305. JURISDICTION OF THE BOARD.
Section 7104 is amended by—
(a) striking the subsection designation ‘‘(a)’’;
(b) striking ‘‘211(a)’’ and inserting ‘‘511(a)’’;
and
(c) striking all after ‘‘made by the Board.’’.
SEC. 12306. APPELLATE PROCEDURE.
Section 7105(d) is amended by striking paragraph
(5).
SEC. 12307. MEDICAL OPINIONS.
Section 7109 is amended to read as follows:
‘‘§ 7109. Medical opinions
‘‘(a) A Board member or a panel of members before
whom a matter which involves a medical question is pend-
ing may, in the discretion of the member or panel, request
an opinion on that medical question from—
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‘‘(1) an employee of the Board who is licensed
to practice medicine in any State;
‘‘(2) an employee of the Veterans Health Ad-
ministration who is licensed to practice medicine in
any State and who has been designated by the
Under Secretary for Health to provide such an opin-
ion; or
‘‘(3) an employee of any Federal department or
agency who is licensed to practice medicine in any
State and who has been designated, in accordance
with arrangements made by the Secretary with the
head of any such Federal department or agency, to
provide such an opinion.
‘‘(b) When, in the judgment of a Board member or
a panel of members assigned a matter for determination
in accordance with section 7102 of this title, the medical
complexity or controversy involved in that matter warrants
expert medical opinion in addition to, or in lieu of, that
available within the Department or within another Federal
department or agency, the Board may secure an advisory
medical opinion from one or more independent medical ex-
perts who are not employees of the Department or of an-
other Federal department or agency. The Secretary shall
make necessary arrangements with recognized medical
schools, universities, or clinics to furnish such advisory
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medical opinions at the request of the Chairman. Any such
arrangement shall provide that the actual selection of the
expert or experts to give the advisory opinion in an individ-
ual case shall be made by an appropriate official of such
institution. For purposes of this section, an employee of
a medical school, university, or clinic shall not be consid-
ered an employee of the Department or another Federal
department or agency just because the medical school, uni-
versity, or clinic receives grants from, or provides contract
services to, the Department or another Federal depart-
ment or agency.
‘‘(c) Any opinion provided under this section shall be
in writing and made a part of the record. The Board shall
notify a claimant that an advisory medical opinion has
been requested under this section with respect to the
claimant’s case and shall mail to the claimant and the
claimant’s authorized representative (if any) at the last
known address of the claimant and at the last known ad-
dress of such representative (if any) a copy of such opinion
when the Board receives it. An opportunity for response
by or on behalf of the claimant shall be provided following
the mailing of the copy (or copies) of such advisory medi-
cal opinion.’’.
SEC. 12308. HEARINGS.
Section 7110 is amended to read as follows:
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‘‘§ 7110. Hearings
‘‘(a) The Board shall decide any appeal only after af-
fording the appellant an opportunity for a hearing.
‘‘(b) A hearing docket shall be maintained and formal
recorded hearings shall be held by such member or mem-
bers of the Board as the Chairman may designate. Such
member or members designated by the Chairman to con-
duct the hearing will participate in making the final deter-
mination in the claim.
‘‘(c) An appellant may request a hearing before the
Board at either its principal location or a regional office
of the Department. Any hearing held at a regional office
of the Department shall be scheduled for hearing in the
order in which the requests for hearing in that area are
received by the Department at the place specified by the
Department for the filing of requests for such hearings.
‘‘(d) At the request of the Chairman, the Secretary
may provide suitable facilities and equipment to the Board
or other components of the Department to enable an ap-
pellant located at a facility within the area served by a
regional office to participate, through voice transmission,
or picture and voice transmission, by electronic or other
means, in a hearing with a Board member or members
sitting at the Board’s principal location. When such facili-
ties and equipment are available, the Chairman may, at
his or her discretion, afford the appellant an opportunity
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to participate in a hearing before the Board through the
use of such facilities and equipment in lieu of a hearing
held by personally appearing before a Board member or
members as provided in subsection (c).’’.
SEC. 12309. TABLE OF CONTENTS.
The table of contents at the beginning of chapter 71
is amended by—
(1) striking ‘‘7102. Assignment of members of
Board.’’ and inserting ‘‘7102. Assignment of appel-
late matters.’’;
(2) striking ‘‘7109. Independent medical opin-
ions.’’ and inserting ‘‘7109. Medical opinions.’’; and
(3) striking ‘‘7110. Traveling sections.’’ and in-
serting ‘‘7110. Hearings.’’.
SEC. 12310. EFFECTIVE DATES OF AWARDS BASED ON DIF-
FERENCE OF OPINION.
Section 5110 is amended by adding at the end the
following new subsection:
‘‘(o) The effective date of the award of any benefit,
or any increase therein, pursuant to section 7103(d) of
this title on the basis of a difference of opinion shall be—
‘‘(1) if the award resulted from review initiated
by an application to reopen the claim for the benefit
in question under the provision of section 5108 of
this title, fixed in accordance with the facts found
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but shall not be earlier than the date the Depart-
ment of Veterans Affairs received such application;
or
‘‘(2) if the award resulted from review of the
final determination undertaken by the Department
of Veterans Affairs solely on its own initiative, the
date the Chairman or Vice Chairman of the Board
of Veterans’ Appeals approved the award.’’.
TITLE XIII—HUMAN RESOURCE
MANAGEMENT
Subtitle A—Federal Workforce
Restructuring Act of 1993
SEC. 13001. SHORT TITLE.
This subtitle may be cited as the ‘‘Federal Workforce
Restructuring Act of 1993’’.
SEC. 13002. AMENDMENTS TO CHAPTER 41 OF TITLE 5,
UNITED STATES CODE.
(a) Chapter 41 of title 5, United States Code, is
amended—
(1) in section 4101(4) by striking ‘‘fields’’ and
all that follows through the semicolon and inserting
‘‘fields which will improve individual and organiza-
tional performance and assist in achieving the agen-
cy’s mission and performance goals;’’;
(2) in section 4103—
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(A) in subsection (a) by striking ‘‘In’’ and
all that follows through ‘‘proficiency’’ and in-
serting ‘‘In order to assist in achieving an agen-
cy’s mission and performance goals by improv-
ing employee and organizational performance’’;
and
(B) in subsection (b)—
(i) in paragraph (1) by striking ‘‘de-
termines’’ and all that follows through the
period and inserting ‘‘determines that such
training would be in the interests of the
Government.’’;
(ii) by repealing paragraph (2) and
redesignating paragraph (3) as paragraph
(2); and
(iii) in subparagraph (C) of paragraph
(2) (as so redesignated) by striking ‘‘re-
taining’’ and all that follows through the
period and inserting ‘‘such training.’’;
(3) in section 4105—
(A) by striking ‘‘(a) at the beginning; and
(B) by repealing subsections (b) and (c);
(4) by repealing section 4106;
(5) in section 4107—
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(A) by amending the catchline to read as
follows:
‘‘§ 4107. Restriction on degree training’’;
(B) by repealing subsections (a) and (b)
and redesignating subsections (c) and (d) as
subsections (a) and (b), respectively;
(C) by amending subsection (a) (as so re-
designated)—
(i) by striking ‘‘subsection (d)’’ and
inserting ‘‘subsection (b)’’; and
(ii) by striking ‘‘by, in, or through a
non-Government facility’’; and
(D) by amending paragraph (1) of sub-
section (b) (as so redesignated) by striking
‘‘subsection (c)’’ and inserting ‘‘subsection (a)’’;
(6) in section 4108(a) by striking ‘‘by, in, or
through a non-Government facility under this chap-
ter’’ and inserting ‘‘for more than a minimum period
prescribed by the head of the agency’’;
(7) in section 4113(b) by striking everything
following the first sentence;
(8) by repealing section 4114; and
(9) in section 4118—
(A) in subsection (a)(7) by striking ‘‘by,
in, and through non-Government facilities’’;
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(B) by repealing subsection (b); and
(C) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively.
(b) The analysis of chapter 41 of title 5, United
States Code, is amended—
(1) by striking the items relating to sections
4106 and 4114; and
(2) by amending the item relating to section
4107 to read as follows:
‘‘4107. Restriction on degree training.’’.
(c) The amendments made by this section are effec-
tive on the date of enactment of this Act.
SEC. 13003. VOLUNTARY SEPARATION INCENTIVES.
(a) For the purpose of this section—
(1) ‘‘agency’’ means an Executive agency, as
defined in section 105 of title 5, United States Code,
but does not include the Department of Defense, the
Central Intelligence Agency, or the General Account-
ing Office; and
(2) ‘‘employee’’ means an employee, as defined
in section 2105 of title 5, United States Code, of an
agency, serving under an appointment without time
limitation, who has been currently employed for a
continuous period of at least 12 months, including
an individual employed by a county committee estab-
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lished under section 590h(b) of title 16, United
States Code, but does not include—
(A) a reemployed annuitant under sub-
chapter III of chapter 83 or chapter 84 of title
5, United States Code, or another retirement
system for employees of the Government; or
(B) an employee having a disability on the
basis of which such employee is or would be eli-
gible for disability retirement under the applica-
ble retirement system referred to in subpara-
graph (A).
(b)(1) In order to assist in the restructuring of the
Federal workforce while minimizing involuntary separa-
tions, the head of an agency may pay, or authorize the
payment of, a voluntary separation incentive to employees
in any component of the agency, employees in any occupa-
tion or geographic location, or any combination thereof,
who agree, during a continuous 90-day period designated
by the agency head for the agency or a component thereof,
beginning no earlier than the date of enactment of this
Act and ending no later than September 30, 1994, to sep-
arate from service with the agency, whether by retirement
or resignation.
(2) In order to receive a voluntary separation incen-
tive, an employee shall separate from service no later than
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the last day of the 90-day period designated by the agency
head under paragraph (1), unless the agency head deter-
mines that, in order to ensure the performance of the
agency’s mission, the employee must agree to continue in
service until a later date, but not later than 2 years after
such last day of the 90-day period.
(c) A voluntary separation incentive—
(1) shall be paid in a lump sum after the em-
ployee’s separation;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the
employee would be entitled to receive under sec-
tion 5595(c) of title 5, United States Code, if
the employee were entitled to payment under
such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall
not be included in the computation, of any other
type of Government benefit;
(4) shall not be taken into account in determin-
ing the amount of any severance pay to which an
employee may be entitled under section 5595 of title
5, United States Code, based on any other separa-
tion; and
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(5) shall be paid from appropriations or funds
available for the payment of the basic pay of the em-
ployee.
(d) An employee who has received a voluntary separa-
tion incentive under this section and accepts employment
with the Government of the United States within 2 years
of the date of the separation on which payment of the in-
centive is based shall be required to repay the entire
amount of the incentive to the agency that paid the incen-
tive. If the employment is with an Executive agency (as
defined in section 105 of title 5, United States Code), the
Director of the Office of Personnel Management may, at
the request of the head of the agency, waive the repayment
if the employment is in a position for which there is excep-
tional difficulty in recruiting a qualified employee. If the
employment is with an entity in the legislative branch, the
head of the entity or the appointing official may waive the
repayment if the employment is in a position for which
there is exceptional difficulty in recruiting a qualified em-
ployee. If the employment is with the judicial branch, the
Director of the Administrative Office of the United States
Courts may waive the repayment if the employment is in
a position for which there is exceptional difficulty in re-
cruiting a qualified employee.
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(e) The Director of the Office of Personnel Manage-
ment may prescribe any regulations necessary for the ad-
ministration of this Act.
(f) The Director of the Administrative Office of the
United States Courts may, by regulation, establish a pro-
gram consistent with the program established by sub-
sections (a) through (d) of this section for employees of
the judicial branch.
(g) It is the sense of Congress that—
(1) employment in the Executive Branch should
be reduced by not less than one full-time equivalent
position for each two employees who are paid vol-
untary separation incentives under this Act; and
(2) each agency should adjust its employment
levels to achieve this result.
SEC. 13004. REPAYMENT OF SEPARATION PAY.
(a) Section 5597 of title 5, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(g) An employee who receives separation pay under
this section on the basis of a separation occurring on or
after the date of enactment of the Federal Workforce Re-
structuring Act of 1993 and accepts employment with the
Government of the United States within 2 years of the
date of the separation on which payment of the separation
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pay is based shall be required to repay the entire amount
of the separation pay to the defense agency that paid the
separation pay. If the employment is with an Executive
agency (as defined in section 105 of title 5, United States
Code), the Director of the Office of Personnel Manage-
ment may, at the request of the head of the agency, waive
the repayment if the employment is in a position for which
there is exceptional difficulty in recruiting a qualified em-
ployee. If the employment is with an entity in the legisla-
tive branch, the head of the entity or the appointing offi-
cial may waive the repayment if the employment is in a
position for which there is exceptional difficulty in recruit-
ing a qualified employee. If the employment is with the
judicial branch, the Director of the Administrative Office
of the United States Courts may waive the repayment if
the employment is in a position for which there is excep-
tional difficulty in recruiting a qualified employee.’’.
(b) Section 2(b) of the Central Intelligence Agency
Voluntary Separation Pay Act (Public Law 103–36; 107
Stat. 104) is amended by adding at the end the following:
‘‘An employee who receives separation pay under this sec-
tion on the basis of a separation occurring on or after the
date of enactment of the Federal Workforce Restructuring
Act of 1993 and accepts employment with the Government
of the United States within 2 years of the date of the sepa-
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ration on which payment of the separation pay is based
shall be required to repay the entire amount of the separa-
tion pay to the Central Intelligence Agency. If the employ-
ment is with an Executive agency (as defined in section
105 of title 5, United States Code), the Director of the
office of Personnel Management may, at the request of
the head of the agency, waive the repayment if the employ-
ment is in a position for which there is exceptional dif-
ficulty in recruiting a qualified employee. If the employ-
ment is with an entity in the legislative branch, the head
of the entity or the appointing official may waive the re-
payment if the employment is in a position for which there
is exceptional difficulty in recruiting a qualified employee.
If the employment is with the judicial branch, the Director
of the Administrative Office of the United States Courts
may waive the repayment if the employment is in a posi-
tion for which there is exceptional difficulty in recruiting
a qualified employee.’’.
SEC. 13005. ADDITIONAL AGENCY PAYMENTS TO FUND.
(a) Section 8334 of title 5, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(1) In addition to any other payments re-
quired by this subchapter, an agency shall remit to
the Office for deposit in the Treasury of the United
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States to the credit of the Fund an amount equal to
9 percent of the final rate of basic pay of each em-
ployee of the agency who retires under section
8336(d).’’.
(b) The amendment made by this section shall apply
with respect to retirements occurring on or after the date
of enactment of this Act.
Subtitle B—SES Annual Leave
Accumulation
SEC. 1301. SES ANNUAL LEAVE ACCUMULATION.
(a) 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.
(b) Notwithstanding the amendment made by sub-
section (a), in the case of an employee who, on the effec-
tive date of subsection (a), is subject 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 employee and be subject to
reduction, in the same manner as provided in subsection
(c) of section 6304.
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TITLE XIV—REINVENTING
SUPPORT SERVICES
SEC. 14001. SHORT TITLE.
This title may be cited as the ‘‘Government Informa-
tion Dissemination and Printing Improvement Act of
1993’’.
SEC. 14002. PURPOSE.
The purpose of this title is to enhance public access
to public information, through a diversity of sources and
in a variety of forms and formats, by improving the print-
ing and dissemination practices of the Federal Govern-
ment.
SEC. 14003. DEFINITIONS.
As used herein—
(1) ‘‘information dissemination product’’ means
any book, paper, map, machine-readable material,
audiovisual production, or other documentary mate-
rial, regardless of physical form or characteristic,
disseminated by an agency to the public; and
(2) ‘‘public information’’ means any informa-
tion, regardless of form or format, that an agency
discloses, disseminates, or makes available to the
public pursuant to law, rule, regulation, policy, or
practice, and any part of that information.
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SEC. 14004. EXECUTIVE BRANCH PRINTING POLICY.
(a) The President shall establish policy for the acqui-
sition of printing by Executive branch agencies and pro-
mulgate government-wide regulations as appropriate.
(b) To the extent practicable and appropriate, the
policies promulgated for the acquisition of printing by Ex-
ecutive branch agencies shall be consistent with the prin-
ciples contained in the Federal Acquisition Regulation,
promulgated pursuant to 41 U.S.C. 405a.
(c) The policies promulgated pursuant to this section
shall ensure that the Government Printing Office has the
opportunity to compete on an equal basis for Executive
branch agency printing acquisitions.
SEC. 14005. TRANSITION TO EXECUTIVE BRANCH PRINTING.
(a) The Government Printing Office shall remain the
mandatory source for Executive branch agencies’ printing
for 2 years after the effective date of this Act.
(b) Notwithstanding subsection (a), Executive agen-
cies are authorized to obtain printing services costing
under $2500 from commercial sources, other printing
sources operated by Executive branch agencies, or the
Government Printing Office during this period.
(c) Subsection (a) does to apply to (1) printing for
the Central Intelligence Agency, the Defense Intelligence
Agency, and the National Security Agency, or (2) printing
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from other sources that are specifically authorized by law
at the time of enactment of this Act.
SEC. 14006. AUTHORITY AND FUNCTIONS OF THE DIREC-
TOR OF THE OFFICE OF MANAGEMENT AND
BUDGET.
The Director of the Office of Management and Budg-
et (the Director) shall develop policies and practices for
agency dissemination of public information to ensure that
agencies—
(1) make information dissemination products
available on timely, equitable and cost effective
terms;
(2) encourage a diversity of public and private
information dissemination products;
(3) avoid establishing, or permitting others to
establish, exclusive, restricted, or other distribution
arrangements that interfere with the availability of
information dissemination products on a timely and
equitable basis; and
(4) set user charges for information dissemina-
tion products no higher than sufficient to recover
the cost of dissemination, except where required by
statute or specifically authorized by the Director.
SEC. 14007. FEDERAL AGENCY RESPONSIBILITIES.
The head of each Executive branch agency shall—
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(1) ensure that the public has timely and equi-
table access to the agency’s public information;
(2) disseminate public information in an effi-
cient, cost effective, and economical manner;
(3) provide notice to the Superintendent of
Documents and otherwise comply with the require-
ments of section 1710, title 44, United States Code;
(4) establish fees and other dissemination ar-
rangements in a manner consistent with the policies
and practices developed by the Director under Sec-
tion 14006 of this Act;
(5) consider whether information dissemination
products available from other Federal or nonfederal
sources are equivalent to any agency information
dissemination product and reasonably fulfill the dis-
semination responsibilities of the agency; and
(6) regularly solicit and consider public input
on the agency’s information dissemination program.
SEC. 14008. DEPOSITORY LIBRARY PROGRAM.
(a) Within 1 year of the date of enactment of this
Act, the Director shall, in consultation with the Secretary
of Commerce, the Superintendent of Documents, the Li-
brarian of Congress the Archivist of the United States,
and the public, propose such amendments to Chapter 19
of title 44, United States Code, as may be necessary and
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appropriate to ensure the distribution of government in-
formation dissemination products to the depository librar-
ies.
(b) The policies promulgated pursuant to section
14005 of this Act shall reaffirm agency responsibilities to
cooperate with the Superintendent of Documents with re-
gard to the distribution of government publications to the
depository libraries.
(c) Agency information dissemination programs shall
include provisions to maximize the distribution of informa-
tion dissemination products to the depository libraries.
SEC. 14009. ESTABLISHMENT AND OPERATION OF GOVERN-
MENT INFORMATION LOCATOR SERVICE.
Section 3511 of title 44, United States Code, is
amended to read as follows:
‘‘(a) In order to assist agencies and the public in re-
ducing the burden of agency information collection re-
quests by minimizing duplication, the Director shall main-
tain a publicly accessible comprehensive inventory of all
approved Federal agency information collection requests.
‘‘(b) In order to assist agencies and the public in lo-
cating information and to promote information sharing
and equitable access by the public, the Director shall—
‘‘(1) cause to be established and maintained a
distributed agency-based electronic Government In-
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formation Locator Service supported by agency in-
ventory systems which identify significant public in-
formation holdings consistent with the requirements
of Section 4101 of title 44, United States Code;
‘‘(2) require each agency having significant in-
formation dissemination products to establish and
maintain a comprehensive inventory of such prod-
ucts, and shall prescribe the minimum contents of
such inventories, subject to any technical standards
developed pursuant to paragraph (3); and
‘‘(3) establish an interagency committee, in co-
operation with the Secretary of Commerce, the Ar-
chivist of the United States, the Administrator of
General Services, the Public Printer, and the Librar-
ian of Congress, to develop such technical standards
for agency inventory systems as may be necessary
and appropriate.’’.
SEC. 14010. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 103 of title 44, United States Code, is
amended by striking ‘‘Government,’’ and inserting ‘‘Con-
gressional and Judicial branch publications’’.
(b) Section 312 of title 44, United States Code, is
amended by striking ‘‘Government’’ and inserting ‘‘Con-
gress or the Judiciary (other than the Supreme Court)’’
in the first sentence of the section.
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(c) Section 313 of title 44, United States Code, is
amended by inserting ‘‘for the use of Congress or the Ju-
diciary (other than the Supreme Court)’’ after ‘‘other-
wise’’ in the first paragraph thereof.
(d) Section 501 of title 44, United States Code, is
amended to read as follows: ‘‘Government printing, bind-
ing, and blank-book work for Congress and the Judiciary
(other than the Supreme Court) shall be done at the Gov-
ernment Printing Office, except classes of work the Public
Printer considers appropriate to be done elsewhere.’’.
(e) Sections 503, 504, 508, 509, 510, 512, 513, and
514 of title 44, United States Code, are repealed.
(f) Chapter 11 of title 44, United States Code, is re-
pealed in its entirety.
(g) Section 1502 of title 44, United States Code, is
amended by striking ‘‘and, together with the Public Print-
er,’’ after ‘‘custody’’ in the first section.
(h) Section 1503 of title 44, United States Code, is
amended by striking the sixth sentence, which reads, ‘‘The
Office shall transmit immediately to the Government
Printing Office for printing, as provided by this chapter,
one duplicate original or certified copy of each document
required or authorized to be published by section 1505 of
this title.’’.
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(i) Section 1504 of title 44, United States Code, is
repealed.
(j) Section 1506 of title 44, United States Code, is
amended by striking ‘‘Public Printer or Acting Printer’’.
(k) Section 1701 of title 44, United States Code, is
repealed.
(l) Section 207 of Public Law 102–392, Legislative
Branch Appropriations Act, 1993, is repealed.
TITLE XV—STREAMLINING
MANAGEMENT CONTROL
SEC. 15001. AUTHORITY TO INCREASE EFFICIENCY IN RE-
PORTING TO CONGRESS.
(a) PURPOSE.—The purpose of this title is to improve
the efficiency of Executive branch performance in imple-
menting statutory requirements for reports to Congress
and its committees. Examples of improvements in effi-
ciency intended by this subtitle are the elimination or con-
solidation of duplicative or obsolete reporting requirements
and adjustments to deadlines that will provide for more
efficient workload distribution or improve the quality of
reports.
(b) AUTHORITY OF THE DIRECTOR.—The Director of
the Office of Management and Budget may publish annu-
ally in the President’s Budget his recommendations for
consolidation, elimination, or adjustments in frequency
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and due dates of statutorily required periodic reports to
the Congress or its committees. For each recommendation,
the Director shall provide an individualized statement of
the reasons that support the recommendation. In addition,
for each report for which a recommendation is made, the
Director shall state with specificity the exact consolida-
tion, elimination, or adjustment in frequency or due date
that is recommended. If the Director’s recommendations
are approved by law, they shall take effect.
(c) The Director’s recommendations shall be consist-
ent with the purpose stated in subsection (a).
(d) Prior to the publication of the recommendations
authorized in subsection (b), the Director or his designee
shall consult with the appropriate congressional commit-
tees concerning the recommendations.
TITLE XVI—FINANCIAL
MANAGEMENT
SEC. 16001. SHORT TITLE.
This title may be cited as the ‘‘Federal Financial
Management Act of 1993’’.
Subtitle A—Electronic Payments
SEC. 16101. ELECTRONIC PAYMENTS.
(a) Section 3332 of title 31, United States Code, is
amended to read as follows:
‘‘3332. Required direct deposit.
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‘‘(a)(1) Notwithstanding any other provision of law,
all Federal wage, salary, and retirement payments shall
be paid to recipients of such payments by electronic funds
transfer, unless another method has been determined by
the Secretary of the Treasury to be appropriate.
‘‘(2) Each recipient of Federal wage, salary, or retire-
ment payments shall designate one or more financial insti-
tutions or other authorized payment agents and provide
the payment certifying or authorizing agency information
necessary for the recipient to receive electronic funds
transfer payments through each institution so designated.
‘‘(b)(1) The head of each agency shall waive the re-
quirements of subsection (a) of this section for a recipient
of Federal wage, salary, or retirement payments author-
ized or certified by the agency upon written request by
such recipient.
‘‘(2) Federal wage, salary, or retirement payments
shall be paid to any recipient granted a waiver under para-
graph (1) of this subsection by any method determined
appropriate by the Secretary of the Treasury.
‘‘(c)(1) The Secretary of the Treasury may waive the
requirements of subsection (a) of this section for any
group of recipients upon request by the head of an agency
under standards prescribed by the Secretary of the Treas-
ury.
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‘‘(2) Federal wage, salary, or retirement payments
shall be paid to any member of a group granted a waiver
under paragraph (1) of this subsection by any method de-
termined appropriate by the Secretary of the Treasury.
‘‘(d) This section shall apply only to recipients of
Federal wage or salary payments who begin to receive
such payments on or after January 1, 1995, and recipients
of Federal retirement payments who begin to receive such
payments on or after January 1, 1995.
‘‘(e) The crediting of the amount of a payment to
the appropriate account on the books of a financial institu-
tion or other authorized payment agent designated by a
payment recipient under this section shall constitute a full
acquittance to the United States for the amount of the
payment.’’.
(b) The table of sections for chapter 33 of title 31,
United States Code, is amended by amending the item for
section 3332 to read:
‘‘3332. Required direct deposit.’’.
Subtitle B—Franchise Funds and
Innovation Funds
SEC. 16201. FRANCHISE FUNDS AND INNOVATION FUNDS.
(a) Title 31, United States Code, is amended by add-
ing, after section 1537, a section 1538, as follows:
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‘‘§ 1538. Franchise funds
‘‘(a) There is hereby authorized to be established a
franchise fund in any executive agency which does not
have such a fund which shall be available, without further
appropriation action by the Congress, for expenses and
equipment necessary for the maintenance and operations
of such administrative services as the head of the agency,
with the approval of the Office of Management and Budg-
et, determines may be performed more advantageously on
a centralized basis.
‘‘(b)(1) The fund shall consist of the fair and reason-
able value of inventories, equipment, and other assets and
inventories on order pertaining to the services to be pro-
vided by the fund as are transferred by the head of the
agency to the fund less related liabilities and unpaid obli-
gations together with any appropriations made for the
purpose of providing capital.
‘‘(2) For the first fiscal year a fund is in operation
and each fiscal year thereafter, an amount not to exceed
4 percent of the total income of the fund may be retained
in the fund, to remain available until expended, to be used
only for the acquisition of capital equipment and for the
improvement and implementation of agency financial man-
agement and related support systems.
‘‘(3) For the first three fiscal years a fund is in oper-
ation, up to 50 percent of the unobligated balances of
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funds provided in annual appropriations available at the
end of the fiscal year to the agency for salaries and ex-
penses may be transferred into the fund no later than the
end of the succeeding fiscal year.
‘‘(c) The fund shall be reimbursed or credited with
payments, including advance payments, from applicable
appropriations and funds of the agency, other Federal
agencies, and other sources authorized by law for supplies,
materials, and services at rates which will recover the ex-
penses of operations including accrued leave, depreciation
of fund plant and equipment, and an amount necessary
to maintain a reasonable operating reserve, as determined
by the head of the agency.
‘‘(d)(1) In the third fiscal year after the fund is es-
tablished, and each year thereafter, any Federal entity
seeking to obtain any service financed through the fund
that is not inherently governmental in nature must not
be precluded from obtaining such service from one or more
other sources, either governmental or non-governmental,
in addition to the source finance through the funds.
‘‘(2) If, after the end of the third fiscal year after
a fund is established, any Federal entity seeking to obtain
any service financed through the fund that is not inher-
ently governmental in nature is precluded from obtaining
such service from one or more other sources, either gov-
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ernmental or non-governmental, in addition to the source
financed through the fund, the fund shall be cancelled.’’.
(b) The table of sections for subchapter III of chapter
15 of title 31, United States Code, is amended by adding,
after the item for section 1537, the following new item:
‘‘Section 1538. Franchise Funds.’’.
(c) Title 31, United States Code, is amended by add-
ing, after section 1538, a section 1539, as follows:
‘‘§ 1539. Innovation funds
‘‘(a) There is hereby authorized to be established an
innovation fund in any executive agency which does not
have such a fund, which shall be available without further
appropriation action by the Congress.
‘‘(b) The purpose of the fund is to provide a self-
sustaining source of financing for agencies to invest in
projects designed to produce measurable improvements in
agency efficiency and significant taxpayer savings.
Amounts available in the fund may be borrowed by the
agency for such projects, subject to subsection (e).
‘‘(c) Each agency that establishes an innovation fund
will develop an investment project selection process, in-
cluding specific investment criteria such as return on in-
vestment, payback period, extent of matching or in-kind
support (including such support from other Federal agen-
cies), technical merit, and budget justification.
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‘‘(d) For the first three fiscal years a fund is in oper-
ation, up to 50 percent of the unobligated balances of
funds provided in annual appropriations available at the
end of the fiscal year to the agency (other than appropria-
tions for salaries and expenses) may be transferred to and
merged with the innovation fund to be available to make
loans to agency components for projects designed to en-
hance productivity and generate cost savings, provided
that such transfers occur no later than the end of the suc-
ceeding fiscal year.
‘‘(e)(1) Any amounts borrowed from the fund by an
agency component to finance a project selected under the
process described in subsection (c) shall be repaid to the
fund at the times specified in the repayment schedule
agreed upon at the time the loan is made.
‘‘(2) Interest on loans made by the fund shall be paid
to the fund at the rate on marketable Treasury securities
of similar maturity at the time the loan is made.
‘‘(3) Repayments shall be made from the accounts
anticipated to receive the greatest long-term benefit from
the project at the time the loan is made.
‘‘(4) Repayments to the fund shall take priority over
any other obligation of payments of an account designated
to make repayments under paragraph (3) of this sub-
section.’’.
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(d) The table of sections for subchapter III of chapter
15 of title 31, United States Code, is amended by adding,
after the item for section 1538, the following new item:
‘‘Section 1539. Innovation Funds.’’.
Subtitle C—Simplifying the
Management Reporting Process
SEC. 16301. SIMPLIFICATION OF MANAGEMENT REPORTING
PROCESS.
(a) To improve the efficiency of Executive branch
performance in implementing statutory requirements for
general management and financial management reports to
the Congress and its committees, the Director of the Of-
fice of Management and Budget may publish annually in
the President’s Budget his recommendations for consoli-
dation, elimination, or adjustments in frequency and due
dates of statutorily required periodic reports of agencies
to the Office of Management and Budget or the President
and of agencies or the Office of Management and Budget
to the Congress under any laws for which the Office of
Management and Budget has general management or fi-
nancial management responsibility. For each rec-
ommendation, the Director shall provide an individualized
statement of the reasons that support the recommenda-
tion. In addition, for each report for which a recommenda-
tion is made, the Director shall state with specificity the
exact consolidation, elimination, or adjustment in fre-
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quency or due date that is recommended. If the Director’s
recommendations are approved by law, they shall take ef-
fect.
(b) The Director’s recommendations shall be consist-
ent with the purpose stated in subsection (a).
(c) Prior to the publication of the recommendations
authorized in subsection (a), the Director or his designee
shall consult with the appropriate congressional commit-
tees, including the House Committee on Government Op-
erations and the Senate Committee on Governmental Af-
fairs, concerning the recommendations.
Subtitle D—Annual Financial
Reports
SEC. 16401. ANNUAL FINANCIAL REPORTS.
(a) Section 3515 of title 31, United States Code, is
amended to read as follows:
‘‘§ 3515. Financial statements of agencies
‘‘(a) Not later than March 1 of 1997 and each year
thereafter, the head of each executive agency identified in
section 901(b) of this title shall prepare and submit to
the Director of the Office of Management and Budget an
audited financial statement for the preceding fiscal year,
covering all accounts and associated activities of each of-
fice, bureau, and activity of the agency.
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‘‘(b) Each audited financial statement of an executive
agency under this section shall reflect—
‘‘(1) the overall financial position of the offices,
bureaus, and activities covered by the statement, in-
cluding assets and liabilities thereof; and
‘‘(2) results of operations of those offices, bu-
reaus, and activities.
‘‘(c) The Director of the Office of Management and
Budget shall prescribe the form and content of the finan-
cial statements of executive agencies under this section,
consistent with applicable accounting principles, stand-
ards, and requirements.
‘‘(d) The Director of the Office of Management and
Budget may waive the application of all or part of sub-
section (a).
‘‘(e) Not later than March 1 of 1996, the head of
each Executive agency identified in section 901(b) of this
title and designated by the Director of the Office of Man-
agement and Budget shall prepare and submit to the Di-
rector of the Office of Management and Budget an audited
financial statement for the preceding fiscal year, covering
all accounts and associated activities of each office, bu-
reau, and activity of the agency.
‘‘(f) Not later than March 31 of 1994, 1995, and,
for Executive agencies not designated by the Director of
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the Office of Management and Budget under subsection
(e), 1996, the head of each Executive agency identified
in section 901(b) of this title shall prepare and submit
to the Director of the Office of Management and Budget
a financial statement for the preceding fiscal year, cover-
ing—
‘‘(1) each revolving fund and trust fund of the
agency; and
‘‘(2) to the extent practicable, the accounts of
each office, bureau, and activity of the agency which
performed substantial commercial functions during
the preceding fiscal year.
‘‘(g) for purposes of subsection (f), the term ‘commer-
cial functions’ includes buying and leasing of real estate,
providing insurance, making loans and loan guarantees,
and other credit programs and any activity involving the
provision of a service or thing for which a fee, royalty,
rent, or other charge is imposed by an agency for services
and things of value it provides.’’.
(b) Subsection 3521(f) of title 31, United States
Code, is amended to read as follows:
‘‘(f)(1) For each audited financial statement required
under subsections (a) and (e) of section 3515 of this title,
the person who audits the statement for purpose of sub-
section (e) of this section shall submit a report on the
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audit to the head of the agency. A report under this sub-
section shall be prepared in accordance with generally ac-
cepted government auditing standards.
‘‘(2) Not later than June 30 following the fiscal year
for which a financial statement is submitted under sub-
section (f) of section 3515 of this title, the person who
audits the statement for purpose of subsection (e) of this
section shall submit a report on the audit to the head of
the agency. A report under this subsection shall be pre-
pared in accordance with generally accepted government
auditing standards.’’.
Subtitle E—Strengthening Debt
Collection Programs
SEC. 16501. AUTHORIZATION OF APPROPRIATIONS FOR EN-
HANCING DEBT COLLECTION.
(a) Title 31, United States Code, is amended by add-
ing, after section 3720A, a section 3720B, as follows:
‘‘§ 3720B. Authorization of appropriations for enhanc-
ing debt collection
‘‘(a) To the extent and in the amounts provided in
advance in appropriations acts—
‘‘(1) an amount not to exceed 1 percent of the
delinquent debts collected for a program in one fiscal
year is authorized to be credited in the following fis-
cal year to a special fund for such program;
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‘‘(2) an amount not to exceed 10 percent of any
sustained annual increase in delinquent debt collec-
tions, as defined by the Director of the Office of
Management and Budget, is authorized to be cred-
ited to a special fund for such program; and
‘‘(3) from amounts credited under paragraphs
(1) and (2), such sums as may be necessary are au-
thorized to be appropriated for the improvement of
that program’s debt collection activities, including,
but not limited to, account and loan servicing, delin-
quent debt collection and asset disposition.
‘‘(b) Debt is defined as delinquent under standards
prescribed or to be prescribed by the Secretary of the
Treasury.
‘‘(c) For direct loan and loan guarantee programs
subject to Title V of the Congressional Budget Act of
1974, amounts credited in accordance with section (a)
shall be considered administrative costs and shall not be
included in the estimated payments to the Government for
the purpose of calculating the cost of such programs.’’.
(b) The table of sections for subchapter II of chapter
37 of title 31, United States Code, is amended by adding,
after the item for section 3720A, the following new item:
‘‘Section 3720B. Authorization of appropriations for enhancing debt collection.’’.
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SEC. 16502. CONTRACTS FOR COLLECTION SERVICES.
(a) Subsection 3701(d) of Title 31, United States
Code, is amended—
(1) by striking ‘‘and 3716–3719’’ and inserting
in lieu thereof ‘‘, 3716, and 3717’’; and
(2) by striking ‘‘, the Social Security Act (42
U.S.C. 301 et seq.),’’.
(b) Section 3701 of title 31, United States Code, is
amended by adding at the end the following:
‘‘(e) Section 3718 of this title does not apply to a
claim or debt under, or to an amount payable under, the
Social Security Act (42 U.S.C. 301 et seq.) owed by a
person receiving benefits under that Act or to a claim or
debt under, or to an amount payable under, title 26 of
the United States Code.’’.
SEC. 16503. NOTIFICATION TO AGENCIES OF DEBTORS’
MAILING ADDRESSES.
Section 3720A of title 31, United States Code is
amended by striking ‘‘the individual’s home address.’’ at
the end of subsection (c) and inserting the following: ‘‘the
person’s mailing address. Provision of this information is
authorized by section 6103(m)(2) of the Internal Revenue
Code (26 U.S.C. 6103(m)(2)).’’.
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Subtitle F—Improving Department
of Justice Debt Collection
SEC. 16601. DEBT COLLECTION FUND.
(a) Section 3011 of title 28, United States Code, is
amended to read as follows:
‘‘§ 3011. Establishment of debt collection fund; assess-
ment of surcharge on debt
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) ESTABLISHMENT
OF
DEBT
COLLECTION
FUND.—
(A) There is hereby established in the
Treasury a Debt Collection Fund (hereafter re-
ferred to as ‘‘the Fund’’), which shall be avail-
able to the Attorney General to the extent and
in such amounts as are provided in advance in
appropriations Acts solely for the purposes
specified in paragraph (2).
‘‘(B) If at the end of any fiscal year, unap-
propriated 
balances 
in 
the 
Fund 
exceed
$15,000,000, the excess balances shall be trans-
ferred to the general fund of the Treasury.
‘‘(2) The Attorney General may use amounts
appropriated to the Fund to reimburse any appro-
priation or fund of the Department of Justice or any
other executive agency for expenses incurred in con-
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ducting or providing support to debt collection litiga-
tion, enforcing judgments, and related activities per-
taining to the collection of any debt or monies owed
to the United States Government.
‘‘(3) Reimbursement received pursuant to para-
graph (2) shall be used solely for the purposes speci-
fied in that paragraph under authorities available to
the receiving appropriation or fund.
‘‘(b) SURCHARGE.—
‘‘(1) ASSESSMENT OF SURCHARGE ON DEBT.—
‘‘(A) In any action in which the United
States prevails on its claim for a debt, and sub-
ject to paragraph (b)(1)(B) and (b)(2), the
court shall award the United States, and the
Department of Justice shall collect and deposit,
a surcharge of 10 percent of the total amount
of any judgment or settlement which is ap-
proved by the court.
‘‘(B) Paragraph (b)(1)(A) shall not apply
if—
‘‘(i) the United States receives an at-
torney’s fee in connection with the enforce-
ment of the claim;
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‘‘(ii) the law upon which the action or
claim is based provides any other amount
to cover such costs; or
‘‘(iii) the judgment or settlement is
for a claim under title 26, United States
Code.
‘‘(C) Notwithstanding 31 U.S.C. 3302 or
any other statute affecting the crediting of col-
lections, and pursuant to section (b)(2), for fis-
cal year 1994 and thereafter, surcharges col-
lected pursuant to this section shall be depos-
ited in, and collect to, the Fund.
‘‘(2) AUTHORITY TO AWARD AND CREDIT OF
SURCHARGES.—The authority of the court to award
surcharges and of the Department of Justice to col-
lect and deposit such surcharges pursuant to para-
graph (b)(1) shall be available only to the extent
provided in advance in appropriations Acts.’’.
(b) The table of sections for chapter 176 of Title 28,
United States Code, is amended by amending the item for
Section 3011 to read: ‘‘3011. Establishment of debt collec-
tion fund; assessment of surcharge on debt.’’.
SEC. 16602. CONTRACTS FOR COLLECTION SERVICES.
Subparagraph 3718(B)(1)(A) of title 31, United
States Code, is amended by striking the following: ‘‘If the