IIA
103D CONGRESS
1ST SESSION
H. R. 3400
IN THE SENATE OF THE UNITED STATES
NOVEMBER 23, 1993
Received; read twice and referred to the Committee on Governmental Affairs
AN ACT
To provide a more effective, efficient, and responsive
government.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Government Reform and Savings Act of 1993’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title and table of contents.
TITLE I—DEPARTMENT OF AGRICULTURE
Subtitle A—Department of Agriculture Reorganization
Sec. 1001. Department of Agriculture reorganization.
Subtitle B—Eliminating Federal Support for Honey
Sec. 1101. Amendments to section 207 of the Agricultural Act of 1949.
Sec. 1102. Amendment to section 405 of the Agricultural Act of 1949.
Sec. 1103. Amendments to section 405A of the Agricultural Act of 1949.
Sec. 1104. Savings provision.
TITLE II—DEPARTMENT OF COMMERCE
Sec. 2001. Polar satellite convergence.
TITLE III—DEPARTMENT OF DEFENSE
Sec. 3001. Use of proceeds from the sale of recyclable materials at military in-
stallations.
Sec. 3002. Closure of the Uniformed Services University of the Health
Sciences.
Sec. 3003. Streamlining and reorganization of the Corps of Engineers.
TITLE IV—DEPARTMENT OF ENERGY
Subtitle A—Alaska Power Administration Sale Authorization
Sec. 4001. Short title.
Sec. 4002. Sale of Snettisham and Eklutna hydroelectric projects.
Sec. 4003. Assessment of alternative options.
Subtitle B—Federal-Private Cogeneration of Electricity
Sec. 4101. Federal-private cogeneration of electricity.
Subtitle C—Power Marketing Administrations
Sec. 4201. Power Marketing Administrations refinancing study.
Sec. 4202. Bonneville Power Administration refinancing study.
Subtitle D—Termination of Advanced Liquid Metal Reactor Program
Sec. 4301. Termination of advanced liquid metal reactor program.
TITLE V—DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 5001. Study of methods to increase flexibility in contracting for Medicare
claims processing.
Sec. 5002. Workers’ compensation data exchange pilot projects.
Sec. 5003. Federal clearinghouse on death information.
Sec. 5004. Continuing disability reviews.
TITLE VI—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
Sec. 6001. Multifamily property disposition.
Sec. 6002. Section 235 mortgage refinancing.
Sec. 6003. Use of emergency assistance funds for residency in multifamily
housing disposition projects.
Sec. 6004. Additional employees to facilitate disposition of FHA inventory
properties.
Sec. 6005. HUD streamlining.
TITLE VII—DEPARTMENT OF THE INTERIOR
Sec. 7001. Improvement of Minerals Management Service royalty collection.
Sec. 7002. Phase out of Mineral Institute program.
Sec. 7003. Reorganization study of Bureau of Indian Affairs.
Sec. 7004. Termination of annual direct grant assistance
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 8001. Limitation on certain annual pay adjustments.
Sec. 8002. Reduction of Federal full-time equivalent positions.
TITLE IX—DEPARTMENT OF LABOR
Sec. 9001. Deterrence of fraud and abuse in FECA program.
Sec. 9002. Enhancement of reemployment programs for Federal employees dis-
abled in the performance of duty.
Sec. 9003. Wage determinations.
Sec. 9004. Elimination of filing requirements.
TITLE X—DEPARTMENT OF STATE AND UNITED STATES
INFORMATION AGENCY
Sec. 10001. Improvement of efficiency of State Department activities.
Sec. 10002. Improvement of efficiency of USIA public diplomacy activities.
TITLE XI—DEPARTMENT OF TRANSPORTATION
Sec. 11001. Reemployment rights for certain merchant seamen.
Sec. 11002. Reform of essential air service program.
Sec. 11003. Airway science program.
Sec. 11004. Collegiate training initiative.
TITLE XII—DEPARTMENT OF VETERANS AFFAIRS
Subtitle A—Administrative Improvements
Sec. 12001. Elimination of hospital and nursing home bed capacity require-
ments.
Sec. 12002. Elimination of requirement for minimum number of personnel in
the Office of Inspector General.
Sec. 12003. Modification of administrative reorganization authority.
Sec. 12004. Elimination of requirement for certain services in the Veterans
Health Administration.
Sec. 12005. Modification of physician requirement for certain senior Veterans
Health Administration officials.
Sec. 12006. Use of funds recovered from third parties.
Subtitle B—Closure of Certain Facilities
Sec. 12101. Closure of supply depots.
Sec. 12102. Waiver of other provisions.
Subtitle C—Provision of Information 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 Af-
fairs.
Subtitle D—Veterans’ Appeals Improvements
Sec. 12301. Board of Veterans’ Appeals.
Sec. 12302. Decisions by the Board.
Sec. 12303. Technical correction.
Sec. 12304. Hearings.
Sec. 12305. Elimination of requirement for annual income questionnaires.
TITLE XIII—HUMAN RESOURCE MANAGEMENT
Sec. 13001. Federal workforce training.
Sec. 13002. SES annual leave accumulation.
TITLE XIV—REINVENTING SUPPORT SERVICES
Sec. 14001. Short title.
Sec. 14002. Transfer of functions.
Sec. 14003. Government publications to be available throughout the Govern-
ment.
Sec. 14004. Inventory and furnishing of Government publications.
Sec. 14005. Additional responsibilities of the Public Printer.
Sec. 14006. Additional responsibilities of the Superintendent of Documents.
Sec. 14007. Depository libraries.
Sec. 14008. Definitions.
TITLE XV—STREAMLINING MANAGEMENT CONTROL
Sec. 15001. Authority to increase efficiency in reporting to Congress.
TITLE XVI—FINANCIAL MANAGEMENT
Sec. 16001. Short title.
Sec. 16002. Electronic payments.
Sec. 16003. Franchise funds and innovation funds.
Sec. 16004. Simplification of management reporting process.
Sec. 16005. Annual financial reports.
Sec. 16006. Authorization of appropriations for enhancing debt collection.
Sec. 16007. Contracts for collection services.
Sec. 16008. Notification to agencies of debtors’ mailing addresses.
Sec. 16009. Contracts for collection services.
Sec. 16010. Adjusting civil monetary penalties for inflation.
TITLE XVII—RESCISSIONS OF BUDGET AUTHORITY
Sec. 17001. Short title.
Subtitle A—Department of Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
Subtitle B—Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies
Subtitle C—Energy and Water Development
Subtitle D—Foreign Operations, Export Financing, and Related Agencies
Subtitle E—Department of the Interior and Related Agencies
Subtitle F—Departments of Labor, Health and Human Services, Education,
and Related Agencies
Subtitle G—Legislative Branch
Subtitle H—Department of Defense-Military
Subtitle I—Department of Transportation and Related Agencies
Subtitle J—Treasury, Postal Service, and General Government
Subtitle K—Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies
TITLE I—DEPARTMENT OF
AGRICULTURE
Subtitle A—Department of
Agriculture Reorganization
SEC. 1001. DEPARTMENT OF AGRICULTURE REORGANIZA-
TION.
(a) IN GENERAL.—The Secretary of Agriculture shall
(1) consolidate field, regional, and national offices within
the Department of Agriculture and (2) reduce personnel
by not less than 7,500 staff years, so as to achieve a re-
duction in expenditures by the Department of not less
than $1,640,000,000 during the period fiscal years 1995
through 1999.
(b) AUTHORITIES.—In consolidating offices and re-
ducing personnel as required by subsection (a), the Sec-
retary shall take such action on the basis of the powers
vested in the Secretary under other laws.
Subtitle B—Eliminating Federal
Support for Honey
SEC. 1101. AMENDMENTS TO SECTION 207 OF THE AGRICUL-
TURAL ACT OF 1949.
(a) Section 207(a) of the Agricultural Act of 1949
is amended to read as follows:
‘‘(a) IN GENERAL.—For each of the 1991 through
1995 crops of honey, the price of honey shall be supported
through loans, purchases, or other operations, except that
for the 1994 and 1995 crops, the price of honey shall be
supported through recourse loans.
‘‘(1) For the 1991 through 1993 crop years,
the rate of support shall be not less than 53.8 cents
per pound.
‘‘(2) For the 1994 and 1995 crop years, the
Secretary shall provide recourse loans to producers
at such a rate that minimizes costs and forfeitures,
except that such rate shall not be less than 44 cents
a pound. Section 407 shall not be applicable to
honey forfeited to the Commodity Credit Corpora-
tion under loans made under this paragraph.
‘‘(3) A producer who fails to repay a loan made
under paragraph (2) by the end of the crop year fol-
lowing the crop year for which such loan was made
shall be ineligible for a loan under this section for
subsequent crop years, except that the Secretary
may waive this provision in any case where in which
the Secretary determines that the failure to repay
the loan was due to hardship conditions or cir-
cumstances beyond the control of the producer.’’.
(b) Section 207(b) of the Agricultural Act of 1949
is amended by striking ‘‘for a crop’’ and inserting ‘‘for
the 1991 through 1993 crops’’.
(c) Section 207(c) of the Agricultural Act of 1949
is amended by striking ‘‘1998’’ and inserting ‘‘1993’’.
(d) Section 207(e) of the Agricultural Act of 1949
is amended by—
(1) striking subparagraphs (D) through (G);
(2) inserting ‘‘and’’ after the semicolon follow-
ing subparagraph (B); and
(3) changing the semicolon following subpara-
graph (C) to a period.
(e) Section 207(j) of the Agricultural Act of 1949 is
amended by striking ‘‘1998’’ and inserting ‘‘1995’’.
SEC. 1102. AMENDMENT TO SECTION 405 OF THE AGRICUL-
TURAL ACT OF 1949.
Section 405(a) of the Agricultural Act of 1949 is
amended by striking in the first sentence ‘‘section 405A’’
and inserting ‘‘sections 207 and 405A’’.
SEC. 1103. AMENDMENTS TO SECTION 405A OF THE AGRI-
CULTURAL ACT OF 1949.
Section 405A(a) of the Agricultural Act of 1949 is
amended by striking all that follows ‘‘1992 crop year,’’
and inserting ‘‘and $150,000 in the 1993 crop year.’’.
SEC. 1104. SAVINGS PROVISION.
A provision of this subtitle may not affect the liability
of any person under any provision of law as in effect be-
fore the effective date of the provision.
TITLE II—DEPARTMENT OF
COMMERCE
SEC. 2001. POLAR SATELLITE CONVERGENCE.
The Departments of Commerce and Defense and the
National Aeronautics and Space Administration shall pro-
pose a single operational polar environmental and weather
satellite system, which meets national needs. It is the
sense of Congress that such a proposed system, contingent
on the provision of adequate resources to fully meet the
national security interests of the United States, shall be
operated as a civil system by the Department of Com-
merce. A detailed implementation plan shall be submitted
to Congress by the Director of the Office of Science and
Technology Policy, in consultation with the Departments
of Commerce and Defense and the National Aeronautics
and Space Administration, by April 30, 1994. The plan
shall be designed to result in savings of up to $300 million
in budget authority and up to $251 million in outlays be-
tween fiscal years 1994 and 1999. The National Aero-
nautics and Space Administration and the National Oce-
anic and Atmospheric Administration shall jointly develop
a plan to implement a program modelled after the Oper-
ational Satellite Improvement Program for the purpose of
making incremental enhancements in operational weather
satellite systems. The goal of the plan shall be to achieve
these enhancements in a cost effective manner by imple-
menting procedures aimed at avoiding duplication of ef-
fort, cost overruns, and schedule delays. The Administra-
tors of the National Aeronautics and Space Administra-
tion and the National Oceanic and Atmospheric Adminis-
tration shall submit to Congress no later than April 30,
1994, a report detailing the elements of the plan and out-
lining savings in budget authority and budget outlays pro-
jected through fiscal year 1999.
TITLE III—DEPARTMENT OF
DEFENSE
SEC. 3001. USE OF PROCEEDS FROM THE SALE OF RECY-
CLABLE MATERIALS AT MILITARY INSTALLA-
TIONS.
Section 2577 of title 10, United States Code, is
amended by striking out subsections (b) and (c) and in-
serting in lieu thereof the following:
‘‘(b) Proceeds from the sale of recyclable materials
at an installation shall be credited—
‘‘(1) to funds available for operations and main-
tenance at that installation; and
‘‘(2) Section 2687 of this title and any other provi-
sion of law establishing preconditions to the closure of any
activity of the Department of Defense shall not apply with
regard to the termination of the operations of the Univer-
sity or to the closure of the University pursuant to this
subsection.’’.
(b) FINAL GRADUATION
OF STUDENTS.—Section
2112(a) of such title is amended—
(1) in the second sentence, by striking out ‘‘,
with the first class graduating not later than Sep-
tember 21, 1982.’’ and inserting in lieu thereof ‘‘,
except that no students may be awarded degrees by
the University after September 30, 1998.’’; and
(2) by adding at the end the following new sen-
tence: ‘‘On a case-by-case basis, the Secretary of De-
fense may provide for the continued education of a
person who, immediately before the closure of the
University under subsection (b), was a student in
the University and completed substantially all re-
quirements necessary to graduate from the Univer-
sity.’’.
(c) TERMINATION OF UNIVERSITY BOARD OF RE-
GENTS.—Section 2113 of such title is amended by adding
at the end the following new subsection:
‘‘(k) The Board shall terminate on September 30,
1998, except that the Secretary of Defense may terminate
the Board before that date as part of the termination of
the operations of the University under section 2112(b) of
this title.’’.
(d) PROHIBITION ON RECIPROCAL AGREEMENTS.—
Section 2114(e)(1) of such title is amended by adding at
the end the following new sentence: ‘‘No agreement may
be entered into under this subsection after September 30,
1994, and all such agreements shall terminate not later
than September 30, 1998.’’.
(e) CONFORMING AMENDMENTS.—(1) Section 178 of
such title, relating to the Henry M. Jackson Foundation
for the Advancement of Military Medicine, is amended—
(A) in subsection (b), by inserting after ‘‘Uni-
formed Services University of the Health Sciences,’’
the following: ‘‘or after the closure of the University,
with the Department of Defense,’’;
(B) in subsection (c)(1)(B), by striking out
‘‘the Dean of the Uniformed Services University of
the Health Sciences’’ and inserting in lieu thereof ‘‘a
person designated by the Secretary of Defense’’; and
(C) in subsection (g)(1), by inserting after
‘‘Uniformed Services University of the Health
Sciences,’’ the following: ‘‘or after the closure of the
University, the Secretary of Defense’’.
(2) Section 466(a)(1)(B) of the Public Health Service
Act (42 U.S.C. 286a(a)(1)(B)), relating to the Board of
Regents of the National Library of Medicine, is amended
by striking out ‘‘the Dean of the Uniformed Services Uni-
versity of the Health Sciences,’’.
(f) CLERICAL AMENDMENTS.—(1) The heading of
section 2112 of title 10, United States Code, is amended
to read to read as follows:
‘‘§ 2112. Establishment and closure of University’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 104 of such title is
amended to read as follows:
‘‘2112. Establishment and closure of University.’’.
SEC. 3003. STREAMLINING AND REORGANIZATION OF
CORPS OF ENGINEERS.
(a) DEVELOPMENT OF PLAN.—The Secretary of the
Army shall develop a plan to reorganize the United States
Army Corps of Engineers by reorganizing the head-
quarters offices, reducing the number of division offices,
and restructuring the district functions so as to increase
the efficiency of the United States Army Corps of Engi-
neers and reduce staff and costs, with the goal of achiev-
ing approximately $50 million in net annual savings by
fiscal year 1998.
(b) TRANSMITTAL AND APPROVAL OF PLAN.—The
Secretary of the Army shall transmit to Congress the plan
developed under subsection (a) for approval. The Sec-
retary shall not implement such plan until it is approved
by Congress.
TITLE IV—DEPARTMENT OF
ENERGY
Subtitle A—Alaska Power
Administration Sale Authorization
SEC. 4001. SHORT TITLE.
This subtitle may be cited as the ‘‘Alaska Power Ad-
ministration Sale Authorization Act’’.
SEC. 4002. SALE OF SNETTISHAM AND EKLUTNA HYDRO-
ELECTRIC PROJECTS.
(a) The Secretary of Energy may sell the Snettisham
Hydroelectric Project (referred to in this subtitle as
‘‘Snettisham’’) to the State of Alaska Power Authority
(now known as the Alaska Industrial Development and
Export Authority, and referred to in this subtitle as the
‘‘Authority’’), or its successor, in accordance with the Feb-
ruary 10, 1989, Snettisham Purchase Agreement between
the Alaska Power Administration of the United States De-
partment of Energy and the Authority.
(b) The Secretary of Energy may sell the Eklutna
Hydroelectric Project (referred to in this subtitle as
‘‘Eklutna’’) to the Municipality of Anchorage doing busi-
ness as Municipal Light and Power, the Chugach Electric
Association, Inc., and the Matanuska Electric Association,
Inc. (referred to in this subtitle as ‘‘Eklutna Purchasers’’)
in accordance with the August 2, 1989, Eklutna Purchase
Agreement between the United States Department of En-
ergy and the Eklutna Purchasers.
(c) The heads of other affected Federal departments
and agencies, including the Secretary of the Interior, shall
assist the Secretary of Energy in implementing the sales
authorized by this Act.
(d) The Secretary of Energy shall deposit sale pro-
ceeds in the Treasury of the United States to the credit
of miscellaneous receipts.
(e) There are authorized to be appropriated such
sums as are necessary to prepare or acquire Eklutna and
Snettisham assets for sale and conveyance, such prepara-
tions to provide sufficient title to ensure the beneficial use,
enjoyment, and occupancy to the purchasers of the assets
to be sold.
(f) No later than one year after both of the sales au-
thorized in section 4002 have occurred, as measured by
the Transaction Dates stipulated in the Purchase Agree-
ments, the Secretary of Energy shall—
(1) complete the business of, and close out, the
Alaska Power Administration; and
(2) prepare and submit to Congress a report
documenting the sales.
SEC. 4003. ASSESSMENT OF ALTERNATIVE OPTIONS.
Before taking any action authorized in section 4002,
the Secretary shall assess the feasibility of alternative op-
tions for maximizing the return to the Treasury from the
sale of the Alaska Power Marketing Administration.
Subtitle B—Federal-Private
Cogeneration of Electricity
SEC. 4101. FEDERAL-PRIVATE COGENERATION OF ELEC-
TRICITY.
Section 804(2)(B) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8287c(2)(B)) is amended by
striking ‘‘, excluding any cogeneration process for other
than a federally owned building or buildings or other fed-
erally owned facilities.’’.
Subtitle C—Power Marketing
Administrations
SEC. 4201. POWER MARKETING ADMINISTRATIONS REFI-
NANCING STUDY.
The Administrators of the Southeastern, Southwest-
ern and Western Area Power Administrations, in consulta-
tion with their respective firm power contractors and other
interested parties (including, where applicable, the Bureau
of Reclamation), shall study refinancing options, including
modifications to existing financial and accounting prac-
tices that may be required to effectively and efficiently
issue and manage revenue bonds. Such refinancing options
shall, for each of the power systems they administer, sat-
isfy their respective repayment obligations to the United
States Treasury without causing any increase in their re-
spective firm power rates beyond the rates that would oth-
erwise result under rate-setting policies and practices in
effect on October 1, 1993. The results of such studies shall
be submitted no later than May 1, 1994, to the Speaker
of the House of Representatives and the President of the
Senate. Such studies shall be made within the limits of
existing funding, or, if necessary, with funds contributed
by firm power contractors.
SEC. 4202. BONNEVILLE POWER ADMINISTRATION REFI-
NANCING STUDY.
The Administrator of the Bonneville Power Adminis-
tration, in consultation with his customers and constitu-
ents, shall study options, including an open market
buyout, a Treasury buyout, or any other reasonable alter-
native that would lead to a permanent resolution of the
repayment reform initiative directed at Bonneville’s appro-
priation investment repayment obligation. Such refinanc-
ing options shall satisfy the outstanding appropriated in-
vestment repayment obligation, without increasing rates
beyond the rates that would otherwise result under rate-
setting policies and practices in effect on October 1, 1993.
The result of this study shall be submitted to the Speaker
of the House of Representatives and the President of the
Senate no later than March 1, 1994.
Subtitle 
D—Termination 
of 
Ad-
vanced Liquid Metal Reactor
Program
SEC. 4301. TERMINATION OF ADVANCED LIQUID METAL RE-
ACTOR PROGRAM.
(a) IN GENERAL.—No amount of funds provided for
any fiscal year may be obligated by the Secretary of En-
ergy after the date of the enactment of this Act for the
civilian portion of the advanced liquid metal reactor pro-
gram, including—
(1) the program’s promotion of the use of such
reactors for the disposal of high-level radioactive
waste; and
(2) Department of Energy support for regu-
latory applications to the Nuclear Regulatory Com-
mission for design certification for advanced liquid
metal reactors or related licensed facilities.
(b) PROHIBITION OF OTHER USES.—The amount of
funds available on the date of the enactment of this Act
for obligation for the program described in subsection (a)
shall not be available for obligation by the Secretary of
Energy after such date for any other purpose.
(c) EXCEPTION.—Subsections (a) and (b) shall not
apply to obligations required to be incurred in terminating
the program described in subsection (a).
TITLE V—DEPARTMENT OF
HEALTH AND HUMAN SERVICES
SEC. 5001. STUDY OF METHODS TO INCREASE FLEXIBILITY
IN CONTRACTING FOR MEDICARE CLAIMS
PROCESSING.
(a) STUDY.—The Secretary of Health and Human
Services shall conduct a study of methods to increase flexi-
bility in contracting for claims processing under the medi-
care program and to otherwise simplify the administration
of program, and shall include in the study an analysis of
the feasibility and desirability of carrying out the following
changes to the program:
(1) Permitting entities other than insurance
companies to serve as carriers under part B of the
program.
(2) Eliminating the requirement that fiscal
intermediaries under part A of the program be nom-
inated by a group or association of providers of serv-
ices under such part.
(3) Increasing the Secretary’s flexibility in as-
signing particular functions to fiscal intermediaries
and carriers.
(4) Expanding the circumstances and standards
under which the Secretary may terminate a contract
with a fiscal intermediary or a carrier.
(5) Permitting the Secretary to require that a
fiscal intermediary or a carrier meet data matching
requirements for purposes of identifying situations
in which medicare is a secondary payer.
(6) Eliminating the requirements that the Sec-
retary make an additional payment to fiscal
intermediaries and carriers for administrative costs.
(7) Eliminating the requirement that the Sec-
retary enter into an agreement with a separate car-
rier for purposes of administering part B with re-
spect to individuals entitled to benefits as qualified
railroad retirement beneficiaries.
(b) REPORT.—Not later than April 30, 1994, the
Secretary shall submit a report to the Committees on En-
ergy and Commerce and Ways and Means of the House
of Representatives and the Committee on Finance of the
Senate on the study conducted under subsection (a), to-
gether with any recommendations of the Secretary for
statutory revisions to increase flexibility and reduce costs
in the administration of the medicare program.
SEC. 5002. WORKERS’ COMPENSATION DATA EXCHANGE
PILOT PROJECTS.
(a) IN GENERAL.—The Secretary is authorized to
conduct pilot projects with not more than three States for
the purpose of studying various means of obtaining on a
timely and accurate basis such information relating to
benefits paid on account of total or partial disability under
the States’ workers’ compensation plan as the Secretary
may require for the purpose of carrying out section 224
of the Social Security Act.
(b) REIMBURSEMENT OF STATE COSTS.—A State
that participates in a project conducted pursuant to sub-
section (a) may be paid by the Secretary, from amounts
available pursuant to subsection (e), the reasonable costs
of such participation.
(c) EVALUATION.—The Secretary shall evaluate each
project conducted pursuant to subsection (a) and shall
apply the findings, as appropriate, to agreements nego-
tiated pursuant to subsection (h)(2) of such section 224.
(d) 
DEADLINE
FOR
COMMENCEMENT
OF
PROJECTS.—No pilot project authorized by subsection (a)
may be commenced after the expiration of the 5-year pe-
riod beginning on the date of enactment of this section.
(e) FUNDING.—Expenditures for pilot projects con-
ducted pursuant to subsection (a) may be made from the
Federal Disability Insurance Trust Fund and the Old-Age
and Survivors Insurance Trust Fund, as determined ap-
propriate by the Secretary.
(f) EFFECTIVE DATE.—This section shall be effective
upon enactment.
SEC. 5003. FEDERAL CLEARINGHOUSE ON DEATH INFOR-
MATION.
(a) CLEARINGHOUSE DESIGNATION.—The heading
for section 205(r) of the Social Security Act is amended
to read as follows: ‘‘Clearinghouse on Death Information’’.
(b) ACQUISITION OF DISCLOSABLE DEATH INFORMA-
TION FROM STATES.—
(1) Section 205(r)(1)(A) of the Social Security
Act is amended by striking ‘‘to furnish the Secretary
periodically with’’ and inserting ‘‘to furnish periodi-
cally to the Secretary, for use in carrying out sub-
paragraph (B) and paragraphs (3) and (4),’’.
(2)(A) Notwithstanding clause (ii) of section
6103(d)(4)(B) of the Internal Revenue Code of 1986
(as added by section 13444(a) of the Omnibus
Budget Reconciliation Act of 1993 (Public Law
103–66)), in order for a contract requiring a State
to furnish the Secretary of Health and Human Serv-
ices information concerning individuals with respect
to whom death certificates (or equivalent documents
maintained by the State or any subdivision thereof)
have been officially filed with it to meet the require-
ments of such section 6103(d)(4)(B), such contract
shall authorize the Secretary to use such information
and to redisclose such information to any Federal
agency or any agency of a State or political subdivi-
sion in accordance with section 205(r) of the Social
Security Act.
(B) The provisions of subparagraph (A) of this
paragraph and, notwithstanding subparagraph (C)
of section 6103(d)(4) of the Internal Revenue Code
of 1986 (as added by section 13444(a) of the Omni-
bus Budget Reconciliation Act of 1993 (Public Law
103–66)), the provisions of subparagraphs (A) and
(B) of such section 6103(d)(4) shall apply to all
States, regardless of whether they were, on July 1,
1993, pursuant to a contract, furnishing the Sec-
retary of Health and Human Services information
concerning individuals with respect to whom death
certificates (or equivalent documents maintained by
the State or any subdivision thereof) have been offi-
cially filed with it.
(C) Subparagraphs (A) and (B) of this para-
graph shall take effect at the same time as the
amendment made by section 13444(a) of the Omni-
bus Budget Reconciliation Act of 1993 takes effect.
(D) For the purpose of applying the special rule
contained in section 13444(b)(2) of the Omnibus
Budget Reconciliation Act of 1993, the reference in
such section to section 6103(d)(4)(B) of the Internal
Revenue Code of 1986 shall be deemed to include a
reference to subparagraph (A) of this paragraph.
(c) PAYMENT
TO STATES
FOR DEATH INFORMA-
TION.—Section 205(r)(2) of the Social Security Act is
amended—
(1) by striking ‘‘the reasonable costs’’ and in-
serting ‘‘a reasonable amount’’; and
(2) by striking ‘‘transcribing and transmitting’’
and inserting ‘‘furnishing’’.
(d) FEE FOR CLEARINGHOUSE INFORMATION.—
(1) Section 205(r)(3) of the Social Security Act
is amended by striking out ‘‘if’’ and all that follows,
and inserting ‘‘, provided that such agency agrees to
pay the fees set by the Secretary pursuant to para-
graph (8).’’.
(2) Section 205(r)(4) of the Social Security Act
is amended—
(A) by inserting ‘‘and political subdivi-
sions’’ after ‘‘States’’ the first place such term
appears;
(B) by striking ‘‘the States’’ and inserting
‘‘any State, political subdivision, or combination
thereof’’; and
(C) by striking ‘‘if’’ and all that follows
and inserting ‘‘provided such States and politi-
cal subdivisions agree to pay the fees set by the
Secretary pursuant to paragraph (8).’’.
(3) Section 205(r) of the Social Security Act is
amended by adding at the end a new paragraph as
follows: ‘‘(8) The Secretary shall establish fees for
the disclosure of information pursuant to this sub-
section. Such fees shall be in amounts sufficient to
cover all costs (including indirect costs) associated
with the Secretary’s responsibilities under this sub-
section. Fees collected pursuant to this paragraph
shall remain available, without fiscal year limitation,
to the Secretary to cover the administrative costs of
carrying out this subsection.’’.
(e) TECHNICAL ASSISTANCE.—Section 205(r) of the
Social Security Act is amended by adding at the end (after
the paragraph added by subsection (d)(3)) the following
new paragraph:
‘‘(9) The Secretary may provide to any Federal or
State agency that provides Federally funded benefits,
upon the request of such agency, technical assistance on
the effective collection, dissemination, and use of death in-
formation available under this subsection for the purpose
of ensuring that such benefits are not erroneously paid
to deceased individuals.’’.
(f) TECHNICAL AMENDMENT.—Section 205(r) of the
Social Security Act is amended by adding at the end (after
the paragraph added by subsection (e)) the following new
paragraph:
‘‘(10) For purposes of this subsection, the term ‘Fed-
erally funded benefit’ means any payment funded in whole
or in part by the Federal Government.’’.
(g) EFFECTIVE DATE.—Except as otherwise pro-
vided, the amendments made by this section shall take ef-
fect upon their enactment.
SEC. 5004. CONTINUING DISABILITY REVIEWS.
Section 201(g)(1)(A) of the Social Security Act is
amended by adding at the end of the paragraph the follow-
ing sentence: ‘‘From funds provided pursuant to this sub-
paragraph for the following fiscal years, not less than the
following amounts shall be available only for conducting
continuing disability reviews and related workloads: for
fiscal year 1994, $46 million; for fiscal year 1995,
$47,200,000; for fiscal year 1996, $48,500,000; for fiscal
year 
1997, 
$49,800,000; 
for 
fiscal 
year 
1998,
$51,100,000; and for fiscal year 1999, $52,500,000.’’.
TITLE 
VI—DEPARTMENT 
OF
HOUSING AND URBAN DEVEL-
OPMENT
SEC. 6001. MULTIFAMILY PROPERTY DISPOSITION.
(a) FINDINGS.—The Congress finds that—
(1) the portfolio of multifamily housing project
mortgages insured by the FHA is severely troubled
and at risk of default, requiring the Secretary to in-
crease loss reserves from $5,500,000,000 in 1991 to
$11,900,000,000 in 1992 to cover estimated future
losses;
(2) the inventory of multifamily housing
projects owned by the Secretary has more than tri-
pled since 1989, and, by the end of 1993, may ex-
ceed 75,000 units;
(3) the cost to the Federal Government of own-
ing and maintaining multifamily housing projects es-
calated to approximately $250,000,000 in fiscal year
1992;
(4) the inventory of multifamily housing
projects subject to mortgages held by the Secretary
has increased dramatically, to more than 2,400
mortgages, and approximately half of these mort-
gages, with over 230,000 units, are delinquent;
(5) the inventory of insured and formerly in-
sured multifamily housing projects is rapidly deterio-
rating, endangering tenants and neighborhoods;
(6) over 5 million families today have a critical
need for housing that is affordable and habitable;
and
(7) the current statutory framework governing
the disposition of multifamily housing projects effec-
tively impedes the Government’s ability to dispose of
properties, protect tenants, and ensure that projects
are maintained over time.
(b) MANAGEMENT AND DISPOSITION OF MULTIFAM-
ILY HOUSING PROJECTS.—Section 203 of the Housing
and Community Development Amendments of 1978 (12
U.S.C. 1701z–11) is amended to read as follows:
‘‘SEC. 203. MANAGEMENT AND DISPOSITION OF MULTIFAM-
ILY HOUSING PROJECTS.
‘‘(a) GOALS.—The Secretary of Housing and Urban
Development shall manage or dispose of multifamily hous-
ing projects that are owned by the Secretary or that are
subject to a mortgage held by the Secretary in a manner
that—
‘‘(1) is consistent with the National Housing
Act and this section;
‘‘(2) will protect the financial interests of the
Federal Government; and
‘‘(3) will, in the least costly fashion among rea-
sonable available alternatives, further the goals of—
‘‘(A) preserving housing so that it can re-
main available to and affordable by low-income
persons;
‘‘(B) preserving and revitalizing residential
neighborhoods;
‘‘(C) maintaining existing housing stock in
a decent, safe, and sanitary condition;
‘‘(D) minimizing the involuntary displace-
ment of tenants;
‘‘(E) maintaining housing for the purpose
of providing rental housing, cooperative hous-
ing, and homeownership opportunities for low-
income persons; and
‘‘(F) minimizing the need to demolish mul-
tifamily housing projects.
The Secretary, in determining the manner in which a
project is to be managed or disposed of, may balance com-
peting goals relating to individual projects in a manner
that will further the purposes of this section.
‘‘(b) DEFINITIONS.—For purposes of this section:
‘‘(1) MULTIFAMILY
HOUSING
PROJECT.—The
term ‘multifamily housing project’ means any multi-
family rental housing project which is, or prior to
acquisition by the Secretary was, assisted or insured
under the National Housing Act, or was subject to
a loan under section 202 of the Housing Act of
1959.
‘‘(2) SUBSIDIZED
PROJECT.—The term ‘sub-
sidized project’ means a multifamily housing project
that, immediately prior to the assignment of the
mortgage on such project to, or the acquisition of
such mortgage by, the Secretary, was receiving any
of the following types of assistance:
‘‘(A) Below market interest rate mortgage
insurance 
under 
the 
proviso 
of 
section
221(d)(5) of the National Housing Act.
‘‘(B) Interest reduction payments made in
connection with mortgages insured under sec-
tion 236 of the National Housing Act.
‘‘(C) Direct loans made under section 202
of the Housing Act of 1959.
‘‘(D) Assistance in the form of—
‘‘(i) rent supplement payments under
section 101 of the Housing and Urban De-
velopment Act of 1965,
‘‘(ii) additional assistance payments
under section 236(f)(2) of the National
Housing Act,
‘‘(iii) housing assistance payments
made under section 23 of the United
States Housing Act of 1937 (as in effect
before January 1, 1975), or
‘‘(iv) housing assistance payments
made under section 8 of the United States
Housing Act of 1937 (excluding payments
made for tenant-based assistance under
section 8),
if (except for purposes of section 183(c) of the
Housing and Community Development Act of
1987) such assistance payments are made to
more than 50 percent of the units in the
project.
‘‘(3) FORMERLY
SUBSIDIZED
PROJECT.—The
term ‘formerly subsidized project’ means a multi-
family housing project owned by the Secretary that
was a subsidized project immediately prior to its ac-
quisition by the Secretary.
‘‘(4) 
UNSUBSIDIZED
PROJECT.—The 
term
‘unsubsidized project’ means a multifamily housing
project owned by the Secretary that is not a sub-
sidized project or a formerly subsidized project.
‘‘(5) AFFORDABLE.—A unit shall be considered
affordable if—
‘‘(A) for units occupied—
‘‘(i) by very low-income families, the
rent does not exceed 30 percent of 50 per-
cent of the area median income, as deter-
mined by the Secretary, with adjustments
for smaller and larger families, except that
the Secretary may establish the rent based
on an amount higher or lower than 50 per-
cent of the median for the area on the
basis of the Secretary’s findings that such
variation is necessary because of prevailing
levels of construction costs or fair market
rents, or unusually high or low family in-
comes; and
‘‘(ii) by low-income families other
than very low-income families, the rent
does not exceed 30 percent of 80 percent
of the area median income, as determined
by the Secretary, except that the Secretary
may establish the rent based on an amount
higher or lower than 80 percent of the me-
dian for the area on the basis of the Sec-
retary’s findings that such variation is nec-
essary because of prevailing levels of con-
struction costs or fair market rents, or un-
usually high or low family incomes; or
‘‘(B) the unit, or the family residing in the
unit, is receiving assistance under section 8 of
the United States Housing Act of 1937.
‘‘(6) LOW-INCOME FAMILIES AND VERY LOW-IN-
COME FAMILIES.—The terms ‘low-income families’
and ‘very low-income families’ shall have the mean-
ings given the terms in section 3(b) of the United
States Housing Act of 1937.
‘‘(7) PREEXISTING
TENANT.—The term ‘pre-
existing tenant’ means, with respect to a multifamily
housing project, a family that—
‘‘(A) resides in a unit in the project; and
‘‘(B) immediately before foreclosure or ac-
quisition of the project by the Secretary, was
residing in a unit in the project.
‘‘(8) MARKET AREA.—The term ‘market area’
means a market area determined by the Secretary
for purposes of establishing fair market rentals
under section 8(c) of the United States Housing Act
of 1937.
‘‘(9) SECRETARY.—The term ‘Secretary’ means
the Secretary of Housing and Urban Development.
‘‘(c) MANAGEMENT
OR
DISPOSITION
OF
PROP-
ERTY.—
‘‘(1) DISPOSITION TO PURCHASERS.—The Sec-
retary may, in carrying out this section, dispose of
a multifamily housing project owned by the Sec-
retary on a negotiated, competitive bid, or other
basis, on such terms as the Secretary deems appro-
priate considering the low-income character of the
project and the market area in which the project is
located and the requirements of subsection (a), to a
purchaser determined by the Secretary to be capable
of—
‘‘(A) satisfying the conditions of the dis-
position;
‘‘(B) implementing a sound financial and
physical management program that is designed
to enable the project to meet anticipated oper-
ating and repair expenses to ensure that the
project will remain in decent, safe, and sanitary
condition;
‘‘(C) responding to the needs of the ten-
ants and working cooperatively with tenant or-
ganizations;
‘‘(D) providing adequate organizational,
staff, and financial resources to the project; and
‘‘(E) meeting such other requirements as
the Secretary may determine.
‘‘(2) CONTRACTING
FOR
MANAGEMENT
SERV-
ICES.—The Secretary may, in carrying out this sec-
tion—
‘‘(A) contract for management services for
a multifamily housing project that is owned by
the Secretary (or for which the Secretary is
mortgagee in possession), on a negotiated, com-
petitive bid, or other basis at a price deter-
mined by the Secretary to be reasonable, with
a manager the Secretary has determined is ca-
pable of—
‘‘(i) implementing a sound financial
and physical management program that is
designed to enable the project to meet an-
ticipated operating and maintenance ex-
penses to ensure that the project will re-
main in decent, safe, and sanitary condi-
tion;
‘‘(ii) responding to the needs of the
tenants and working cooperatively with
tenant organizations;
‘‘(iii) providing adequate organiza-
tional, staff, and other resources to imple-
ment a management program determined
by the Secretary; and
‘‘(iv) meeting such other requirements
as the Secretary may determine;
‘‘(B) require the owner of a multifamily
housing project that is subject to a mortgage
held by the Secretary to contract for manage-
ment services for the project in the manner de-
scribed in subparagraph (A); and
‘‘(C) contract for management of such
properties with nonprofit organizations and
public agencies, including public housing au-
thorities.
‘‘(d) MAINTENANCE OF HOUSING PROJECTS.—
‘‘(1) HOUSING PROJECTS OWNED BY THE SEC-
RETARY.—In the case of multifamily housing
projects that are owned by the Secretary (or for
which the Secretary is mortgagee in possession), the
Secretary shall—
‘‘(e) REQUIRED ASSISTANCE.—In disposing of any
multifamily housing property under this section, the Sec-
retary shall take, separately or in combination, one or
more of the following actions:
‘‘(1) CONTRACT WITH OWNER FOR PROJECT-
BASED
ASSISTANCE.—In the case of multifamily
housing projects that are acquired by a purchaser
other than the Secretary at foreclosure or after sale
by the Secretary, the Secretary may enter into con-
tracts under section 8 of the United States Housing
Act of 1937 (to the extent budget authority is avail-
able) with owners of the projects, subject to the fol-
lowing requirements:
‘‘(A) SUBSIDIZED
OR
FORMERLY
SUB-
SIDIZED
PROJECTS
RECEIVING
MORTGAGE-RE-
LATED
ASSISTANCE.—In the case of a sub-
sidized or formerly subsidized project referred
to in subparagraphs (A) through (C) of sub-
section (b)(2)—
‘‘(i) the contract shall be sufficient to
assist at least all units covered by an as-
sistance contract under any of the authori-
ties referred to in subsection (b)(2)(D) be-
fore acquisition, unless the Secretary acts
pursuant to the provisions of subparagraph
(C);
‘‘(ii) the contract shall provide that,
when a vacancy occurs in any unit in the
project requiring project-based rental as-
sistance pursuant to this subparagraph
that is occupied by a family who is not eli-
gible for assistance under such section 8,
the owner shall lease the available unit to
a family eligible for assistance under such
section 8; and
‘‘(iii) the Secretary shall take actions
to ensure that any unit in any such project
that does not otherwise receive project-
based assistance under this subparagraph
remains available and affordable for the re-
maining useful life of the project, as de-
fined by the Secretary; to carry out this
clause, the Secretary may require pur-
chasers to establish use or rent restrictions
maintaining the affordability of such units.
‘‘(B) SUBSIDIZED
OR
FORMERLY
SUB-
SIDIZED PROJECTS RECEIVING RENTAL ASSIST-
ANCE.—In the case of a subsidized or formerly
subsidized project referred to in subsection
(b)(2)(D) that is not subject to subparagraph
(A)—
‘‘(i) the contract shall be sufficient to
assist at least all units in the project that
are covered, or were covered immediately
before foreclosure on or acquisition of the
project by the Secretary, by an assistance
contract under any of the provisions re-
ferred to in such subsection, unless the
Secretary acts pursuant to provisions of
subparagraph (C); and
‘‘(ii) the contract shall provide that,
when a vacancy occurs in any unit in the
project requiring project-based rental as-
sistance pursuant to this subparagraph
that is occupied by a family who is not eli-
gible for assistance under such section 8,
the owner shall lease the available unit to
a family eligible for assistance under such
section 8.
‘‘(C) EXCEPTIONS.—In lieu of providing
project-based assistance under subparagraph
(A)(i) or (B)(i) for a project, the Secretary may
require certain units in unsubsidized projects to
contain use restrictions providing that such
units will be available to and affordable by very
low-income families for the remaining useful life
of the project, as defined by the Secretary, if—
‘‘(i) the Secretary provides an in-
crease in project-based assistance for very
low-income 
persons 
for 
units 
within
unsubsidized projects located within the
same market area as the project otherwise
required to be assisted with project-based
assistance under subparagraph (A) or (B)
that is at least equivalent to the units oth-
erwise required to be so assisted; and
‘‘(ii) upon disposition of the project,
low-income families residing in units other-
wise required to be assisted with project-
based assistance under subparagraph (A)
or (B) receive tenant-based assistance
under such section 8.
‘‘(D) UNSUBSIDIZED PROJECTS.—Notwith-
standing actions taken pursuant to subpara-
graph (C), in the case of unsubsidized projects,
the contract shall be sufficient to provide—
‘‘(i) project-based rental assistance for
all units that are covered, or were covered
immediately before foreclosure or acquisi-
tion, by an assistance contract under—
‘‘(I) the new construction and
substantial 
rehabilitation 
program
under section 8(b)(2) of the United
States Housing Act of 1937 (as in ef-
fect before October 1, 1983);
‘‘(II) the property disposition
program under section 8(b) of such
Act;
‘‘(III) the project-based certifi-
cate program under section 8 of such
Act;
‘‘(IV) the moderate rehabilitation
program under section 8(e)(2) of such
Act;
‘‘(V) section 23 of such Act (as
in effect before January 1, 1975);
‘‘(VI) the rent supplement pro-
gram under section 101 of the Hous-
ing and Urban Development Act of
1965; or
‘‘(VII) section 8 of the United
States Housing Act of 1937, following
conversion from assistance under sec-
‘‘(A) REQUIREMENT
OF
SUFFICIENT
AF-
FORDABLE HOUSING IN AREA.—The Secretary
may not take action under this paragraph un-
less the Secretary determines that there is
available in the area an adequate supply of hab-
itable, affordable housing for very low-income
families and other low-income families.
‘‘(B) LIMITATION
FOR
SUBSIDIZED
AND
FORMERLY
SUBSIDIZED
PROJECTS.—The Sec-
retary may not take actions under this para-
graph in connection with units in subsidized or
formerly subsidized projects for more than 10
percent of the aggregate number of units in
such projects disposed of by the Secretary an-
nually.
‘‘(C) PROVISION
OF
PROJECT-BASED
AS-
SISTANCE UNDER CHANGED CIRCUMSTANCES.—
The Secretary shall, to the extent such amounts
are available, provide project-based assistance
under section 8 of the United States Housing
Act of 1937 for any units in a project for which
the Secretary has provided tenant-based assist-
ance under this paragraph if, and only to the
extent that, the owner demonstrates to the sat-
isfaction of the Secretary within 24 months
after the date of acquisition by the owner
that—
‘‘(i) the provision of such project-
based assistance (I) is necessary to main-
tain the financial viability of the project
because of changes occurring after such
acquisition that are beyond the control of
the owner, and (II) may reasonably be ex-
pected to maintain such financial viability;
or
‘‘(ii) sufficient habitable, affordable
housing for very low-income families and
other low-income families is not available
in the market area in which the project is
located.
Assistance provided pursuant to this subpara-
graph shall have a term of not more than 5
years.
‘‘(3) OTHER ASSISTANCE.—
‘‘(A) IN
GENERAL.—In accordance with
the authority provided under the National
Housing Act, the Secretary may reduce the sell-
ing price, apply use or rent restrictions on cer-
tain units, or provide other financial assistance
to the owners of multifamily housing projects
that are acquired by a purchaser other than the
Secretary at foreclosure, or after sale by the
Secretary, on terms that ensure that—
‘‘(i) at least the units in the project
otherwise required to receive project-based
assistance pursuant to subparagraphs (A),
(B), or (D) of paragraph (1) are available
to and affordable by low-income persons;
and
‘‘(ii) for the remaining useful life of
the project, as defined by the Secretary,
there shall be in force such use or rent re-
strictions as the Secretary may prescribe.
‘‘(B) VERY LOW-INCOME TENANTS.—If, as
a result of actions taken pursuant to this para-
graph, the rents charged to any very low-income
families residing in the project who are other-
wise required (pursuant to subparagraph (A),
(B), or (D) of paragraph (1)) to receive project-
based assistance under section 8 of the United
States Housing Act of 1937 exceed the amount
payable as rent under section 3(a) of the Unit-
ed States Housing Act of 1937, the Secretary
shall provide assistance under section 8 of such
Act to such families.
‘‘(4) TRANSFER FOR USE UNDER OTHER PRO-
GRAMS OF SECRETARY.—
‘‘(A) IN
GENERAL.—The Secretary may
transfer a multifamily housing project—
‘‘(i) to a public housing agency for use
of the project as public housing; or
‘‘(ii) to an entity eligible to own or op-
erate housing under assisted section 202 of
the Housing Act of 1959 or under section
811 of the Cranston-Gonzalez National Af-
fordable Housing Act for use as supportive
housing under either of such sections.
‘‘(B) REQUIREMENTS FOR AGREEMENT.—
An agreement providing for the transfer of a
project described in subparagraph (A) shall—
‘‘(i) contain such terms, conditions,
and limitations as the Secretary deter-
mines appropriate, including requirements
to ensure use of the project as public hous-
ing, supportive housing under section 202
of the Housing Act of 1959, or supportive
housing under section 811 of the Cran-
ston-Gonzalez National Affordable Housing
Act, as applicable; and
‘‘(ii) ensure that no tenant of the
project will be displaced as a result of ac-
tions taken under this paragraph.
‘‘(f) DISCRETIONARY ASSISTANCE.—In addition to
the actions taken under subsection (e) for a multifamily
housing project, the Secretary may take any of the follow-
ing actions:
‘‘(1) SHORT-TERM LOANS.—The Secretary may
provide a short-term loan to facilitate the sale of a
multifamily housing project to a nonprofit organiza-
tion or a public agency if—
‘‘(A) authority for such loans is provided
in advance in an appropriation Act;
‘‘(B) such loan has a term of not more
than 5 years;
‘‘(C) the Secretary determines, based upon
documentation provided to the Secretary, that
the borrower has obtained a commitment of
permanent financing to replace the short-term
loan from a lender who meets standards estab-
lished by the Secretary; and
‘‘(D) the terms of such loan is consistent
with prevailing practices in the marketplace or
the provision of such loan results in no cost to
the Government, as defined in section 502 of
the Congressional Budget Act of 1974.
‘‘(2) TENANT-BASED
ASSISTANCE.—The Sec-
retary may make available tenant-based assistance
under section 8 of the United States Housing Act of
1937 to very low-income families residing in a multi-
family housing project that do not otherwise qualify
for project-based assistance.
‘‘(3) ALTERNATIVE USES.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of law, after providing notice to
and an opportunity to comment by existing ten-
ants, the Secretary may allow not more than—
‘‘(i) 10 percent of the total number of
units in multifamily housing projects that
are disposed of by the Secretary during
any 1-year period to be made available for
uses other than rental or cooperative uses,
including low-income homeownership op-
portunities, or in any particular project,
community space, office space for tenant
or housing-related service providers or se-
curity programs, or small business uses, if
such uses benefit the tenants of the
project; and
‘‘(ii) 5 percent of the total number of
units in multifamily housing projects that
are disposed of by the Secretary during
any 1-year period to be used in any man-
ner, if the Secretary and the unit of gen-
eral local government or area-wide govern-
ing body determine that such use will fur-
ther fair housing, community development,
or neighborhood revitalization goals.
‘‘(B) DISPLACEMENT
PROTECTION.—The
Secretary may take actions under subparagraph
(A) only if—
‘‘(i) tenant-based rental assistance
under section 8 of the United States Hous-
ing Act of 1937 is made available to each
eligible family residing in the project that
is displaced as a result of such actions; and
‘‘(ii) the Secretary determines that
sufficient habitable, affordable rental hous-
ing is available in the market area in which
the project is located to allow use of such
assistance.
‘‘(g) 
REQUIRED
ASSISTANCE
FOR
CERTAIN
PROJECTS.—In disposing under this section of multifam-
ily housing projects, the Secretary shall, to the extent that
such assistance is available—
‘‘(1) in the case of any project located in a mar-
ket area in which habitable, affordable rental hous-
ing for very low-income families is not sufficiently
available, provide tenant-based or project-based rent-
al assistance under section 8 of the United States
Housing Act of 1937 (depending on the cir-
cumstances of the family) to very low-income fami-
lies who are preexisting tenants of the project and
do not otherwise qualify for project-based assistance;
and
‘‘(2) provide project-based assistance for very
low-income families who are preexisting tenants of
the project to the extent that such assistance is nec-
essary to maintain the financial viability of the
project and is reasonably expected to maintain such
financial viability.
‘‘(h) RENT RESTRICTIONS.—
‘‘(1) AUTHORITY FOR USE IN UNSUBSIDIZED
PROJECTS.—In carrying out the goals specified in
subsection (a), the Secretary may require certain
units in unsubsidized projects to be subject to use or
rent restrictions providing that such units will be
available to and affordable by very low-income per-
sons for the remaining useful life of the property, as
defined by the Secretary.
‘‘(2) REQUIREMENT
REGARDING
SUBSIDIZED
AND FORMERLY SUBSIDIZED PROJECTS.—In dispos-
ing under this section of any subsidized or formerly
subsidized multifamily housing project, the Secretary
shall require rent restrictions providing that any un-
assisted very low-income family who resides in a unit
in the project on the date of disposition may not pay
as rent for the unit an amount in excess of 30 per-
cent of the adjusted income of the family at any
time during the period beginning upon such disposi-
tion and ending upon the earlier of—
‘‘(A) 15 years after such disposition; or
‘‘(B) the time at which the family first
fails to qualify as a very low-income family.
‘‘(3) REQUIREMENT REGARDING UNSUBSIDIZED
PROJECTS.—Unless the Secretary determines that
the applicability of rent restrictions under this para-
graph to a project would unreasonably impede the
disposition of the project, in disposing under this
section of any unsubsidized multifamily housing
project the Secretary shall require rent restrictions
providing that any unassisted very low-income family
who resides in a unit in the project on the date of
disposition may not pay as rent for the unit an
amount in excess of 30 percent of the adjusted in-
come of the family at any time during the period be-
ginning upon such disposition and ending upon the
earlier of—
‘‘(A) 15 years after such disposition; or
‘‘(B) the time at which the family first
fails to qualify as a very low-income family.
‘‘(4) PHASE-IN OF RENT INCREASES.—If the
disposition under this section of any multifamily
housing project results in any rent increases for any
very low-income families who are preexisting tenants
of the project and are paying less than 30 percent
of the adjusted income of the family for rent, the
Secretary shall provide that such rent increases shall
be phased in equally over a period of not less than
3 years.
‘‘(5) DEFINITION OF ‘UNASSISTED VERY LOW-
INCOME FAMILY’.—For purposes of this subsection,
the term ‘unassisted very low-income family’ means
a very low-income family who resides in a unit that
is not assisted with project-based assistance under
section 8 of the United States Housing Act of 1937
and on whose behalf tenant-based assistance under
such section is not provided.
‘‘(i) CONTRACT
REQUIREMENTS.—Contracts for
project-based rental assistance under section 8 of the
United States Housing Act of 1937 provided pursuant to
this section shall be subject to the following requirements:
‘‘(1) CONTRACT
TERM.—The contract shall
have a term of 15 years, except that—
‘‘(A) the term may be less than 15 years
to the extent that the Secretary finds that,
based on the rental charges and financing for
the multifamily housing project to which the
contract relates, the financial viability of the
project can be maintained under a contract hav-
ing such a term;
‘‘(B) to the extent that units receive
project-based assistance for a contract term of
less than 15 years, the Secretary shall require
that the mount of rent payable by tenants of
the project for such units shall not exceed the
amount payable for rent under section 3(a) of
the United States Housing Act of 1937 for a
period of at least 15 years; and
‘‘(C) the term may be less than 15 years
if such assistance is provided—
‘‘(i) under a contract authorized
under section 6 of the HUD Demonstra-
tion Act of 1993; and
‘‘(ii) pursuant to a disposition plan
under this section for a project that is de-
termined by the Secretary to be otherwise
in compliance with this section.
‘‘(2) CONTRACT RENT.—
‘‘(A) IN
GENERAL.—The Secretary shall
establish contract rents for section 8 project-
based rental contracts issued under this section
at levels that provide sufficient amounts for the
necessary costs of rehabilitating and operating
the multifamily housing project and do not ex-
ceed 144 percent of the existing housing fair
market rentals for the market area in which the
project assisted under the contract is located.
‘‘(B) UP-FRONT GRANTS AND LOANS.—If
the Secretary determines that action under this
subparagraph is more cost-effective, the Sec-
retary may utilize the budget authority provided
for contracts issued under this section for
project-based assistance under section 8 of the
United States Housing Act of 1937 to (in addi-
tion to providing project-based section 8 rental
assistance)—
‘‘(i) provide up-front grants to non-
profit organizations or public housing
agencies for the necessary cost of rehabili-
tation; or
‘‘(ii) pay any cost to the Government,
as defined in section 502 of the Congres-
sional Budget Act of 1974, for loans made
pursuant to subsection (f)(1).
‘‘(j) DISPOSITION PLAN.—
‘‘(1) IN GENERAL.—Prior to the sale of a mul-
tifamily housing project that is owned by the Sec-
retary, the Secretary shall develop an initial disposi-
tion plan for the project that specifies the minimum
terms and conditions of the Secretary for disposition
of the project, the initial sales price that is accept-
able to the Secretary, and the assistance that the
Secretary plans to make available to a prospective
purchaser in accordance with this section. The initial
sales price shall be reasonably related to the in-
tended use of the property after sale, any rehabilita-
tion requirements for the project, the rents for units
in the project that can be supported by the market,
the amount of rental assistance available for the
project under section 8 of the United States Hous-
ing Act of 1937, and the occupancy profile of the
project.
‘‘(2) COMMUNITY AND TENANT INPUT.—In car-
rying out this section, the Secretary shall develop
procedures—
‘‘(A) to obtain appropriate and timely
input into disposition plans from officials of the
unit of general local government affected, the
community in which the project is situated, and
the tenants of the project; and
‘‘(B) to facilitate, where feasible and ap-
propriate, the sale of multifamily housing
projects to existing tenant organizations with
demonstrated capacity, to public or nonprofit
entities that represent or are affiliated with ex-
isting tenant organizations, or to other public
or nonprofit entities.
‘‘(3) TECHNICAL
ASSISTANCE.—To carry out
the procedures developed under paragraph (2), the
Secretary may provide technical assistance, directly
or indirectly, and may use amounts available for
technical assistance under the Emergency Low In-
come Housing Preservation Act of 1987, subtitle C
of the Low-Income Housing Preservation and Resi-
dent Homeownership Act of 1990, subtitle B of title
IV of the Cranston-Gonzalez National Affordable
Housing Act, or this section, for the provision of
technical assistance under this paragraph. Recipients
of technical assistance funding under the provisions
referred to in this paragraph shall be permitted to
provide technical assistance to the extent of such
funding under any of such provisions or under this
paragraph, notwithstanding the source of the fund-
ing.
‘‘(k) RIGHT OF FIRST REFUSAL FOR LOCAL AND
STATE GOVERNMENT AGENCIES.—
‘‘(1) 
NOTIFICATION
OF
ACQUISITION
OF
TITLE.—Not later than 30 days after acquiring title
to a multifamily housing project, the Secretary shall
notify the unit of general local government (which,
for purposes of this subsection, shall include any
public housing agency) for the area in which the
project is located and the State agency or agencies
designated by the Governor of the State in which the
project is located of such acquisition.
‘‘(2) RIGHT OF FIRST REFUSAL.—During the
period beginning upon acquisition of title to a multi-
family housing project and ending 45 days after
completion of notification under paragraph (1), the
Secretary may offer to sell and may sell the project
only to the unit of general local government or the
designated State agency.
‘‘(3) EXPRESSION OF INTEREST.—The unit of
general local government or designated State agency
may submit to the Secretary a preliminary expres-
sion of interest in a project not later than 45 days
after receiving notification from the Secretary under
paragraph (1) regarding the project. The Secretary
may take such actions as may be necessary to re-
quire the unit of general local government or des-
ignated State agency to substantiate such interest.
‘‘(4) TIMELY
EXPRESSION
OF
INTEREST.—If
the unit of general local government or designated
State agency has submitted an expression of interest
in a project before the expiration of the 45-day pe-
riod referred to in paragraph (3) and has substan-
tiated such interest if requested, the Secretary, upon
approval of a disposition plan for the project, shall—
‘‘(A) notify the unit of general local gov-
ernment and designated State agency of the
terms and conditions of the disposition plan;
and
‘‘(B) provide that, for 90 days after the
date of such notification, only the unit of gen-
eral local government or designated State agen-
cy may make an offer to purchase the project.
‘‘(5) FAILURE
TO
TIMELY
EXPRESS
INTER-
EST.—If the unit of general local government or des-
ignated State agency does not timely express and, if
requested, substantiate interest in a project as pro-
vided in paragraph (4), the Secretary may offer the
project for sale to any interested person or entity
upon approval of the disposition plan for the project.
‘‘(6) ACCEPTANCE OF OFFERS.—If the unit of
general local government or designated State agency
timely expresses and, if requested, substantiates in-
terest in a project as provided in paragraph (4), the
Secretary shall accept an offer made by the unit of
general local government or designated State agency
during the 90-day period for the project under para-
graph (4)(B) that complies with the terms and con-
ditions of the disposition plan for the project. The
Secretary may accept an offer that does not comply
with the terms and conditions of the disposition plan
if the Secretary determines that the offer will fur-
ther the goals specified in subsection (a) by actions
that include extension of the duration of low-income
affordability restrictions or otherwise restructuring
the transaction in a manner that enhances the long-
term affordability for low-income persons. The Sec-
retary may reduce the initial sales price in exchange
for the extension of low-income affordability restric-
tions beyond the period of assistance contemplated
by the attachment of assistance pursuant to sub-
section (i)(1) and in order to facilitate affordable
rents.
‘‘(7) FAILURE TO SELL TO LOCAL OR STATE
GOVERNMENT
AGENCY.—If the Secretary and the
unit of general local government or designated State
agency cannot reach agreement on an offer for pur-
chase of a project within the 90-day period for the
project under paragraph (4)(B), the Secretary may
offer the project for sale to the general public.
‘‘(8) PURCHASE BY UNIT OF GENERAL LOCAL
GOVERNMENT
OR
DESIGNATED
STATE
AGENCY.—
Notwithstanding any other provision of law, a unit
of general local government (including a public hous-
ing agency) or designated State agency may pur-
chase a subsidized or formerly subsidized project in
accordance with this subsection.
‘‘(9) APPLICABILITY.—This subsection shall
apply to projects that are acquired on or after the
effective date of this subsection. With respect to
projects acquired before such effective date, the Sec-
retary may apply—
‘‘(A) the requirements of paragraphs (2)
and (3) of section 203(e) (as in effect imme-
diately before the effective date of this sub-
section); or
‘‘(B) the requirements of paragraphs (1)
through (7) of this subsection, if—
‘‘(i) the Secretary gives the unit of
general local government or designated
State agency 45 days to express interest in
the project; and
‘‘(ii) the unit of general local govern-
ment or designated State agency expresses
interest in the project before the expiration
of the 45-day period, and substantiates
such interest if requested, within 90 days
from the date of notification of the terms
and conditions of the disposition plan to
make an offer to purchase the project.
‘‘(10) TRANSFER BY LOCAL OR STATE GOVERN-
MENT AGENCY PURCHASERS.—The Secretary shall
permit units of general local government and des-
ignated State agencies to transfer multifamily hous-
ing projects acquired under the right of first refusal
under this subsection to a private entity, but only if
the local government or State agency clearly identi-
fies its intention to transfer the project in the offer
to purchase the property accepted by the Secretary
under this subsection.
‘‘(l) DISPLACEMENT OF TENANTS AND RELOCATION
ASSISTANCE.—
‘‘(1) IN GENERAL.—Whenever tenants will be
displaced as a result of the disposition of, or repairs
to, a multifamily housing project that is owned by
the Secretary (or for which the Secretary is mortga-
gee in possession), the Secretary shall identify ten-
ants who will be displaced and shall notify all such
tenants of their pending displacement and of any re-
location assistance that may be available. In the case
of the disposition of tenants of a multifamily hous-
ing project that is not owned by the Secretary (and
for which the Secretary is not mortgagee in posses-
sion), the Secretary shall require the owner of the
project to carry out the requirements of this para-
graph.
‘‘(2) RIGHTS
OF
DISPLACED
TENANTS.—The
Secretary shall ensure for any such tenant (who con-
tinues to meet applicable qualification standards)
the right—
‘‘(A) to return, whenever possible, to a re-
paired unit;
‘‘(B) to occupy a unit in another multifam-
ily housing project owned by the Secretary;
‘‘(C) to obtain housing assistance under
the United States Housing Act of 1937; or
‘‘(D) to receive any other available reloca-
tion assistance as the Secretary determines to
be appropriate.
‘‘(m) MORTGAGE AND PROJECT SALES.—
‘‘(1) IN GENERAL.—The Secretary may not ap-
prove the sale of any loan or mortgage held by the
Secretary (including any loan or mortgage owned by
the Government National Mortgage Association) on
any subsidized project or formerly subsidized
project, unless such sale is made as part of a trans-
action that will ensure that such project will con-
tinue to operate at least until the maturity date of
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 the project will continue to op-
erate, at least until the maturity date of the loan or
mortgage, in a manner that will provide rental hous-
ing on terms at least as advantageous to existing
and future tenants as the terms required by the pro-
gram 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
law that requires 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
‘‘(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.
‘‘(n) REPORT TO CONGRESS.—Not later than June
1 of each year, the Secretary shall submit to the Congress
a report describing the status of multifamily housing
projects owned by or subject to mortgages held by the Sec-
retary. The report shall include—
‘‘(1) the name, address, and size of each
project;
‘‘(2) the nature and date of assignment of each
project;
‘‘(3) the status of the mortgage for each
project;
‘‘(4) the physical condition of each project;
‘‘(5) for each subsidized or formerly subsidized
project, an occupancy profile of the project, stating
the income, family size, race, and ethnic origin of
current residents and the rents paid by such resi-
dents;
‘‘(6) the proportion of units in each project that
are vacant;
‘‘(7) the date on which the Secretary became
mortgagee in possession of each project, if applica-
ble;
‘‘(8) the date and conditions of any foreclosure
sale for a project;
‘‘(9) the date of acquisition of each project by
the Secretary, if applicable;
‘‘(10) the date and conditions of any property
disposition sale for a project;
‘‘(11) a description of actions undertaken pur-
suant to this section, including a description of the
effectiveness of such actions and any impediments to
the disposition or management of multifamily hous-
ing projects;
‘‘(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;
and
‘‘(13) a description of the activities carried out
under subsection (k) during the preceding year.’’.
(c) CLARIFICATION OF FEDERAL PREFERENCES.—
(1) 
PUBLIC
HOUSING
TENANCY.—Section
6(c)(4)(A)(i) of the United States Housing Act of
1937 (42 U.S.C. 1437d(c)(4)(A)(i)) is amended by
inserting after ‘‘displaced’’ the following: ‘‘(including
displacement because of disposition of a multifamily
housing project under section 203 of the Housing
and 
Community 
Development 
Amendments 
of
1978)’’.
(2) 
SECTION
ASSISTANCE.—Section
8(d)(1)(A)(i) of the United States Housing Act of
1937 (42 U.S.C. 1437f(d)(1)(A)(i)) is amended by
inserting after ‘‘displaced’’ the following: ‘‘(including
displacement because of disposition of a multifamily
housing project under section 203 of the Housing
and 
Community 
Development 
Amendments 
of
1978)’’.
(d) DEFINITION OF OWNER.—Section 8(f)(1) of the
United States Housing Act of 1937 (42 U.S.C.
1437f(f)(1)) is amended by inserting ‘‘an agency of the
Federal Government,’’ after ‘‘cooperative,’’.
(e) AMENDMENT
TO NATIONAL HOUSING ACT.—
Title V of the National Housing Act (12 U.S.C. 1731a
et seq.) is amended by adding at the end the following
new section:
‘‘PARTIAL PAYMENT OF CLAIMS ON MULTIFAMILY
HOUSING PROJECTS
‘‘SEC. 541. (a) AUTHORITY.—Notwithstanding any
other provision of law, if the Secretary is requested to ac-
cept assignment of a mortgage insured by the Secretary
that covers a multifamily housing project (as such term
is defined in section 203(b) of the Housing and Commu-
nity Development Amendments of 1978) and the Sec-
retary determines that partial payment would be less cost-
ly to the Federal Government than other reasonable alter-
natives for maintaining the low-income character of the
project, the Secretary may request the mortgagee, in lieu
of assignment, to—
‘‘(1) accept partial payment of the claim under
the mortgage insurance contract; and
‘‘(2) recast the mortgage, under such terms and
conditions as the Secretary may determine.
‘‘(b) REPAYMENT.—As a condition to a partial claim
payment under this section, the mortgagor shall agree to
repay to the Secretary the amount of such payment and
such obligation shall be secured by a second mortgage on
the property on such terms and conditions as the Sec-
retary may determine.’’.
(f) EFFECTIVE DATE.—The Secretary shall issue in-
terim regulations necessary to implement the amendments
made by subsections (b) through (d) not later than 90
days after the date of the enactment of this Act. Such
interim regulations shall take effect upon issuance and in-
vite public comment on the interim regulations. The Sec-
retary shall issue final regulations to implement such
amendments after opportunity for such public comment,
but not later than 12 months after the date of issuance
of such interim regulations.
SEC. 6002. 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) in the matter preceding subparagraph
(A), by inserting after ‘‘otherwise)’’ the follow-
ing: ‘‘and the mortgagee (with respect to the
amount described in subparagraph (A))’’; and
(B) in subparagraph (A), by inserting after
‘‘mortgagor’’ the following: ‘‘and the mortga-
gee’’; and
(3) by amending paragraph (5) to read as fol-
lows:
‘‘(5) The Secretary shall use amounts of budget au-
thority recaptured from assistance payments contracts re-
lating to mortgages that are being refinanced for assist-
ance payments contracts with respect to mortgages in-
sured under this subsection. 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 pur-
poses of subsection (c)(3)(A), the amount of recaptured
budget authority that the Secretary commits for assist-
ance payments contracts relating to mortgages insured
under this subsection and for amounts paid under para-
graph (4) shall not be construed as unused.’’.
SEC. 6003. USE OF EMERGENCY ASSISTANCE FUNDS FOR
RESIDENCY IN MULTIFAMILY HOUSING DIS-
POSITION PROJECTS.
Section 203(f) of the Housing and Community Devel-
opment Amendments of 1978 (12 U.S.C. 1701z–11), as
amended by section 6001 of this Act, is further amended
by adding at the end the following new paragraph:
‘‘(4) EMERGENCY
ASSISTANCE
FUNDS.—The
Secretary may make arrangements with State agen-
cies and units of general local government of States
receiving emergency assistance under part A of title
IV of the Social Security Act for the provision of as-
sistance under such Act on behalf of eligible families
who would reside in any multifamily housing
projects.’’.
SEC. 6004. ADDITIONAL EMPLOYEES TO FACILITATE DIS-
POSITION OF FHA INVENTORY PROPERTIES.
Notwithstanding any other provision of law, during
fiscal years 1993, 1994, and 1995 amounts in the various
funds of the Federal Housing Administration otherwise
available to the Secretary of Housing and Urban Develop-
ment for non-overhead expenses associated with process-
ing, accounting, loan servicing, asset management, and
disposition services may be used by the Secretary for per-
sonnel compensation and benefits for temporary employees
of the Department of Housing and Urban Development
employed to manage, service, and dispose of single family
and multifamily properties insured by, assigned to, or
owned by the Secretary. The Secretary may employ not
more than 400 temporary employees at any one time using
amounts made available pursuant to this section, no such
employee may be employed in a temporary position pursu-
ant to this section for a period in excess of 2 years, and
such employees shall not be considered for purposes of any
personnel ceiling applicable to the Department of Housing
and Urban Development or any unit therein or any per-
sonnel ceiling applicable to temporary employees of the
Federal Government.
SEC. 6005. HUD STREAMLINING.
The Secretary of Housing and Urban Development
shall carry out the recommendation of the Report of the
National Performance Review, issued on September 7,
1993, that the Department streamline its headquarters,
regional, and field office structure and consolidate and re-
duce its size, without regard to the requirements of section
7(p) of the Department of Housing and Urban Develop-
ment Act.
TITLE VII—DEPARTMENT OF
THE INTERIOR
SEC. 7001. IMPROVEMENT OF MINERALS MANAGEMENT
SERVICE ROYALTY COLLECTION.
(a) The Secretary of the Interior shall, by fiscal year
1995, direct the Minerals Management Service, Royalty
Management Program, to develop and implement (1) an
automated business information system to provide to its
auditors a lease history that includes reference, royalty,
production, financial, compliance history, pricing and valu-
ation, and other information; (2) the optimum methods
to identify and resolve anomalies and to verify that royal-
ties are paid correctly; (3) a more efficient and cost-effec-
tive royalty collection process by instituting new compli-
ance and enforcement measures, including assessments
and penalties for erroneous reporting and underreporting;
(4) pilot projects under which a State may assume mineral
receipt collections on Federal lands within the State and
where the State assumes 50 percent of the cost of such
pilot project; and (5) such other actions as may be nec-
essary to reduce royalty underpayment and increase reve-
nue to the U.S. Treasury by an estimated total of $28
million by fiscal year 1999.
(b) The Federal Oil and Gas Royalty Management
Act of 1982 (Public Law No. 97–451), 30 U.S.C. 1701
et seq.) is amended by adding a new subsection 111(h)
as follows:
‘‘PENALTY ASSESSMENT FOR SUBSTANTIAL
UNDERREPORTING OF ROYALTY’’
‘‘SEC. 111. (h)(1) If there is any underreporting of
royalty owed on production from any lease issued or ad-
ministered by the Secretary for the production of oil, gas,
coal, any other mineral, or geothermal steam, from any
Federal or Indian lands or the Outer Continental Shelf,
for any production month, by any person who is respon-
sible for paying royalty, the Secretary may assess a pen-
alty of 10 percent of the amount of that underreporting.
‘‘(2) If there is a substantial underreporting of roy-
alty owed on production from any lease issued or adminis-
tered by the Secretary for the production of oil, gas, coal,
any other mineral, or geothermal steam, from any Federal
or Indian lands or the Outer Continental Shelf, for any
production month, by any person who is responsible for
paying royalty, the Secretary may assess a penalty of 20
percent of the amount of that substantial underreporting.
‘‘(3) For purposes of this section, the term
‘underreporting’ means the difference between the royalty
on the value of the production which should have been re-
ported and the royalty on the value of the production
which was reported, if the value of the production which
should have been reported is greater than the value of the
production which was reported. An underreporting con-
stitutes a ‘substantial underreporting’ if such difference
exceeds 10 percent of the royalty on the value of the pro-
duction which should have been reported.
‘‘(4) The Secretary shall not impose the assessment
provided in paragraphs (1) or (2) if the person corrects
the underreporting before the date the person receives no-
tice from the Secretary that an underreporting may have
occurred, or before 90 days after the date of enactment
of this section, whichever is later.
‘‘(5) The Secretary shall waive any portion of an as-
sessment provided in paragraphs (1) or (2) attributable
to that portion of the underreporting for which the person
demonstrates that—
‘‘(i) the person had written authorization from
the Secretary to report royalty on the value of the
production on the basis on which it was reported, or
‘‘(ii) the person had substantial authority for
reporting royalty on the value of the production on
the basis on which it was reported, or
‘‘(iii) the person previously had notified the
Secretary, in such manner as the Secretary may by
rule prescribe, of relevant reasons or facts affecting
the royalty treatment of specific production which
led to the underreporting, or
‘‘(iv) the person meets any other exception
which the Secretary may, by rule, establish.
‘‘(6) All penalties collected under this subsection shall
be deposited to the same accounts in the Treasury or paid
to the same recipients in the same manner as the royalty
with respect to which such penalty is paid.’’.
SEC. 7002. PHASE OUT OF MINERAL INSTITUTE PROGRAM.
The Secretary of the Interior, beginning in fiscal year
1995, shall take action to phase out the Mining and Min-
eral Resources Research Institute Act of 1984, Public Law
98–409, as amended (98 Stat. 1536 through 1541 and
102 Stat. 2339 through 2341, 30 U.S.C. 1221 through
1230). There are hereby authorized to be appropriated
under the Act the following amounts: fiscal year 1995—
$6.5 million; fiscal year 1996—$5 million; fiscal year
1997—$3 million; and fiscal year 1998—$1.5 million. No
further appropriations for this Act are authorized after
September 30, 1998.
SEC. 7003. REORGANIZATION STUDY OF BUREAU OF INDIAN
AFFAIRS.
(a) GENERAL AUTHORITY.—The Secretary of the In-
terior, with the active participation of Indian tribes, shall
conduct a study of the reorganization of the Bureau of
Indian Affairs.
(b) CONTENT.—The study conducted under sub-
section (a) shall include (but shall not be limited to)—
(1) an examination of the current structure of
the Bureau of Indian Affairs and recommendations
for structural changes to improve the implementa-
tion of Federal trust responsibilities toward Indian
tribes;
(2) an examination of the current roles of the
Central, Area, and Agency offices of the Bureau of
Indian Affairs and recommendations to improve effi-
ciency of the Bureau through reorganization;
(3) an examination of the efficiency of the Bu-
reau of Indian Affairs in comparison with other Bu-
reaus of the Department of the Interior;
(4) an examination of the barriers to the imple-
mentation of the 1988 amendments to the Indian
Self-Determination and Education Assistance Act
throughout the Department of the Interior and a
proposed plan for effective implementation; and
(5) recommendations for the transfer of person-
nel and resources from the Central, Area, and Agen-
cy offices of the Bureau of Indian Affairs to Indian
tribes.
(c) REPORT.—The Secretary shall complete the study
conducted pursuant to this section and shall submit such
study, together with recommendations and draft legisla-
tion to implement such recommendations, to the Congress
within one year after the date of enactment of this Act.
SEC. 7004. TERMINATION OF ANNUAL DIRECT GRANT AS-
SISTANCE
(a) TERMINATION.—Pursuant to section 704(d) of
the Covenant to Establish a Commonwealth of the North-
ern Mariana Islands in Political Union with the United
States of America (48 U.S.C. 1681 note), the annual pay-
ments under section 702 of the Covenant shall terminate
as of September 30, 1993.
(b) REPEAL.—Sections 3 and 4 of the Act of March
24, 1976 (Public Law 94–241; 48 U.S.C. 1681 note), as
amended, are repealed, effective October 1, 1993.
TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 8001. LIMITATION ON CERTAIN ANNUAL PAY ADJUST-
MENTS.
Effective as of December 31, 1994—
(1) section 601(a)(2) of the Legislative Reorga-
nization Act of 1946 (2 U.S.C. 31(2)) is amended—
(A) by striking ‘‘(2) Effective’’ and insert-
ing ‘‘(2)(A) Subject to subparagraph (B), effec-
tive’’; and
(B) by adding at the end the following:
‘‘(B) In no event shall the percentage adjustment tak-
ing effect under subparagraph (A) in any calendar year
(before rounding), in any rate of pay, exceed the percent-
age adjustment taking effect in such calendar year under
section 5303 of title 5, United States Code, in the rates
of pay under the General Schedule.’’;
(2) section 104 of title 3, United States Code,
is amended—
(A) in the first sentence by inserting ‘‘(a)’’
before ‘‘The’’;
(B) in the second sentence by striking ‘‘Ef-
fective’’ and inserting ‘‘Subject to subsection
(b), effective’’; and
(C) by adding at the end the following:
‘‘(b) In no event shall the percentage adjustment tak-
ing effect under the second and third sentences of sub-
section (a) in any calendar year (before rounding) exceed
the percentage adjustment taking effect in such calendar
year under section 5303 of title 5 in the rates of pay under
the General Schedule.’’;
(3) section 5318 of title 5, United States Code,
is amended—
(A) in the first sentence by striking ‘‘Ef-
fective’’ and inserting ‘‘(a) Subject to sub-
section (b), effective’’; and
(B) by adding at the end the following:
‘‘(b) In no event shall the percentage adjustment tak-
ing effect under subsection (a) in any calendar year (be-
fore rounding), in any rate of pay, exceed the percentage
adjustment taking effect in such calendar year under sec-
tion 5303 in the rates of pay under the General Sched-
ule.’’; and
(4) section 461(a) of title 28, United States
Code, is amended—
(A) by striking ‘‘(a) Effective’’ and insert-
ing ‘‘(a)(1) Subject to paragraph (2), effective’’;
and
(B) by adding at the end the following:
‘‘(2) In no event shall the percentage adjustment tak-
ing effect under paragraph (1) in any calendar year (be-
fore rounding), in any salary rate, exceed the percentage
adjustment taking effect in such calendar year under sec-
tion 5303 of title 5 in the rates of pay under the General
Schedule.’’.
SEC. 8002. REDUCTION OF FEDERAL FULL-TIME EQUIVA-
LENT POSITIONS.
(a) DEFINITION.—For purposes of this section, the
term ‘‘agency’’ means an Executive agency as defined
under section 105 of title 5, United States Code, but does
not include the General Accounting Office.
(b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI-
TIONS.—The President, through the Office of Manage-
ment and Budget (in consultation with the Office of Per-
sonnel Management), shall ensure that the total number
of full-time equivalent positions in all agencies shall not
exceed—
(1) 2,053,600 during fiscal year 1994;
(2) 1,999,600 during fiscal year 1995;
(3) 1,945,600 during fiscal year 1996;
(4) 1,895,600 during fiscal year 1997; and
(5) 1,851,600 during fiscal year 1998.
(c) MONITORING AND NOTIFICATION.—The Office of
Management and Budget, after consultation with the Of-
fice of Personnel Management, shall—
(1) continuously monitor all agencies and make
a determination on the first date of each quarter of
each applicable fiscal year of whether the require-
ments under subsection (b) are met; and
(2) notify the President and the Congress on
the first date of each quarter of each applicable fis-
cal year of any determination that any requirement
of subsection (b) is not met.
(d) COMPLIANCE.—If at any time during a fiscal
year, the Office of Management and Budget notifies the
President and the Congress that any requirement under
subsection (b) is not met, no agency may hire any em-
ployee for any position in such agency until the Office of
Management and Budget notifies the President and the
Congress that the total number of full-time equivalent po-
sitions for all agencies equals or is less than the applicable
number required under subsection (b).
(e) WAIVER.—
(1) EMERGENCIES.—Any provision of this sec-
tion may be waived upon a determination by the
President that—
(A) the existence of a state of war or other
national security concern so requires; or
(B) the existence of an extraordinary
emergency threatening life, health, safety, prop-
erty, or the environment so requires.
(2) AGENCY
EFFICIENCY
OR
CRITICAL
MIS-
SION.—
(A) Subsection (d) may be waived, in the
case of a particular position or category of posi-
tions in an agency, upon a determination of the
President that the efficiency of the agency or
the performance of a critical agency mission so
requires.
(B) Whenever the President grants a waiv-
er pursuant to subparagraph (A), the President
shall take all necessary actions to ensure that
the overall limitations set forth in subsection
(b) are not exceeded.
TITLE IX—DEPARTMENT OF
LABOR
SEC. 9001. DETERRENCE OF FRAUD AND ABUSE IN FECA
PROGRAM.
(a) Section 8102 of title 5, United States Code, is
amended to redesignate subsection (b) as subsection (c),
and to add the following new subsection (b):
‘‘(b) An individual convicted of a violation of 18
U.S.C. 1920, as amended, or of any other fraud related
to the application for or receipt of benefits under sub-
chapter I or III of chapter 81 of title 5, shall forfeit, as
of the date of the conviction, all entitlement to any pro-
spective benefits provided by subchapter I or III for any
injury occurring on or before the date of the conviction.
Such a forfeiture of benefits shall be in addition to any
action the Secretary may take under section 8106 or 8129
of title 5, United States Code.’’.
(b) Section 8116 of title 5, United States Code, is
amended by adding the following new subsection (e):
‘‘(e) Notwithstanding any other provision of this title,
no benefits under sections 8105 or 8106 of this subchapter
shall be paid or provided to any individual during any pe-
riod during which such individual is confined in a jail,
prison, or other penal institution or correctional facility,
pursuant to that individual’s conviction of an offense that
constituted a felony under applicable law, except where
such individual has one or more dependents within the
meaning of section 8110 of this subchapter, in which case
the Secretary may, during the period of incarceration, pay
to such dependents a percentage of the benefits that would
have been payable to such individual computed according
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.’’.
(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,
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.
SEC. 9002. 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-
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.
SEC. 9003. 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:
(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-
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
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-
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 AND UNITED STATES
INFORMATION AGENCY
SEC. 10001. IMPROVEMENT OF EFFICIENCY OF STATE DE-
PARTMENT ACTIVITIES.
The Secretary of State shall take action to improve
the efficiency of the activities of the Department of State
and save a total of $5,700,000 by the end of fiscal year
1999.
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
SEC. 11001. REEMPLOYMENT RIGHTS FOR CERTAIN MER-
CHANT SEAMEN.
(a) IN GENERAL.—Title III of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1131) is amended by inserting
after section 301 the following new section:
‘‘SEC. 302. (a) An individual who is certified by the
Secretary of Transportation under subsection (c) shall be
entitled to reemployment rights and other benefits sub-
stantially equivalent to the rights and benefits provided
for by chapter 43 of title 38, United States Code, for any
member of a Reserve component of the Armed Forces of
the United States who is ordered to active duty.
‘‘(b) An individual may submit an application for cer-
tification under subsection (c) to the Secretary of Trans-
portation not later than 45 days after the date the individ-
ual completes a period of employment described in sub-
section (c)(1)(A) with respect to which the application is
submitted.
‘‘(c) Not later than 20 days after the date the Sec-
retary of Transportation receives from an individual an
application for certification under this subsection, the Sec-
retary shall—
‘‘(1) determine whether or not the individual—
‘‘(A) was employed in the activation or op-
eration of a vessel—
‘‘(i) in the National Defense Reserve
Fleet maintained under section 11 of the
Merchant Ship Sales Act of 1946, in a pe-
riod in which that vessel was in use or
being activated for use under subsection
(b) of that section;
‘‘(ii) that is requisitioned or pur-
chased under section 902 of this Act; or
‘‘(iii) that is owned, chartered, or con-
trolled by the United States and used by
the United States for a war, armed con-
flict, national emergency, or maritime mo-
bilization need (including for training pur-
poses or testing for readiness and suit-
ability for mission performance); and
‘‘(B) during the period of that employ-
ment, possessed a valid license, certificate of
registry, or merchant mariner’s document is-
sued under chapter 71 or chapter 73 (as appli-
cable) of title 46, United States Code; and
‘‘(2) if the Secretary makes affirmative deter-
minations under paragraph (1) (A) and (B), certify
that individual under this subsection.
‘‘(d) For purposes of reemployment rights and bene-
fits provided by this section, a certification under sub-
section (c) shall be considered to be the equivalent of a
certificate referred to in clause (1) of section 4301(a) of
title 38, United States Code.’’.
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply to employment described in section
302(c)(1)(A) of the Merchant Marine Act, 1936, as
amended by subsection (a), occurring after August 2,
1990.
(c) EMPLOYMENT ENDING BEFORE ENACTMENT.—
Notwithstanding subsection (b) of section 302 of the Mer-
chant Marine Act, 1936, as amended by this Act, an indi-
vidual who, in the period beginning August 2, 1990, and
ending on the date of the enactment of this Act, completed
a period of employment described in subsection (c)(1)(A)
of that section may submit an application for certification
under subsection (c) of that section with respect to that
employment not later than 45 days after the date of the
enactment of this Act.
(d) REGULATIONS.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Transportation shall issue regulations implementing this
section.
SEC. 11102. REFORM OF ESSENTIAL AIR SERVICE PRO-
GRAM.
Section 419 of the Federal Aviation Act of 1958 (49
App. U.S.C. 1389) is amended—
(1) in subsection (a) by striking paragraph (2)
and inserting the following:
‘‘(2) RESTRICTIONS ON QUALIFICATIONS AS AN
ELIGIBLE POINT.—To qualify as an eligible point in
the 48 contiguous states, Hawaii, and Puerto Rico
for purposes of fiscal year 1995 and thereafter, a
point described in paragraph (1) must not require a
rate of subsidy per passenger in excess of $200 un-
less such point is more than 210 miles from the
nearest large or medium hub airport and may not be
located fewer than 70 highway miles from the near-
est large or medium hub airport;’’ and
(2) in subsection (l) by striking paragraph (2)
and inserting the following:
‘‘(2) AMOUNTS
AVAILABLE.—There shall be
available to the Secretary from the Airport and Air-
way Trust Fund to incur obligations under this sec-
tion $33,423,077 per fiscal year for each of fiscal
years 1994 through 1999. Such amounts shall re-
main available until expended. Unobligated balances
that remain available as of September 30, 1994, are
rescinded.’’.
SEC. 11003. AIRWAY SCIENCE PROGRAM.
(a) REPEAL.—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
demonstration projects in the development, advance-
ment, or expansion of airway science programs; and
(2) the Federal Aviation Administration to
enter into competitive grant agreements with institu-
tions of higher education having airway science cur-
ricula, and all authorizations to appropriate for such
purposes, as enacted under the head, ‘‘Federal Avia-
tion Administration, Facilities and Equipment’’, in
the Department of Transportation and Related
Agencies Appropriations Acts for fiscal years ending
before October 1, 1993;
is repealed.
(b) LIMITATION.—Subsection (a) shall not affect the
authority of the Secretary to enter into grant agreements
with universities, colleges, or institutions of higher edu-
cation to obligate funds appropriated for fiscal years end-
ing before October 1, 1993, which have not been re-
scinded.
SEC. 11004. COLLEGIATE TRAINING INITIATIVE.
(a) IN GENERAL.—Section 313(d) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1354(d)) is amend-
ed—
(1) by striking the subsection heading and all
that follows through ‘‘The Administrator’’ and in-
serting the following:
‘‘(d) TRAINING SCHOOLS.—
‘‘(1) IN GENERAL.—The Administrator’’;
(2) by moving the text of paragraph (1), as so
designated, 2 ems to the right; and
(3) by adding at the end the following:
‘‘(2) COLLEGIATE TRAINING INITIATIVE.—
‘‘(A) CONTINUATION.—The Administrator
of the Federal Aviation Administration may
continue the Collegiate Training Initiative pro-
gram, by entering into new agreements, with
post-secondary institutions, as defined by the
Administrator, whereby such institutions, with-
out cost to the Federal Aviation Administration,
prepare students for the position of air traffic
controller with the Department of Transpor-
tation, as defined in section 2109 of title 5,
United States Code.
‘‘(B) 
STANDARDS.—The 
Administrator
may establish standards for the entry of institu-
tions into such program and for their continued
participation in it.
‘‘(C) APPOINTMENT IN EXCEPTED SERV-
ICE.—The Administrator may appoint persons
who have successfully completed a course of
training in such program to the position of air
traffic controller noncompetitively in the ex-
cepted service, as defined in section 2103 of
title 5, United States Code. Persons so ap-
pointed shall serve at the pleasure of the Ad-
100
ministrator, subject to section 7511 of such
title (pertaining to adverse actions). However,
an appointment under this subparagraph may
be converted from one in the excepted service to
a career conditional or career appointment in
the competitive civil service, as defined in sec-
tion 2102 of such title when the incumbent
achieves full performance level air traffic con-
troller status, as determined by the Adminis-
trator. The authority conferred by this subpara-
graph to make new appointments in the ex-
cepted service shall expire at the end of 5 years
from the date of the enactment of this subpara-
graph; except that the Administrator may de-
termine to extend such authority for 1 or more
successive 1-year periods thereafter.’’.
(b) CONFORMING AMENDMENT.—Section 362 of the
Department of Transportation and Related Agencies Ap-
propriations Act, 1993 (106 Stat. 1560) is repealed.
(c) LIMITATION.—The repeal and the amendments
made by this section shall not prohibit the expenditure of
funds appropriated for fiscal years ending before October
1, 1994.
101
TITLE XII—DEPARTMENT OF
VETERANS AFFAIRS
Subtitle A—Administrative
Improvements
SEC. 12001. ELIMINATION OF HOSPITAL AND NURSING
HOME BED CAPACITY REQUIREMENTS.
(a) Section 8110(a)(1) of title 38, United States
Code, is amended—
(1) by striking ‘‘at not more than 125,000 and
not less than 100,000’’; and
(2) by striking the third and fourth sentences.
(b) Section 8111(a) of such title is amended by strik-
ing out ‘‘result (1)’’ and all that follows through ‘‘main-
tained or’’.
SEC. 12002. ELIMINATION OF REQUIREMENT FOR MINIMUM
NUMBER OF PERSONNEL IN THE OFFICE OF
INSPECTOR GENERAL.
Subsection (b) of section 312 of title 38, United
States Code, is amended to read as follows:
‘‘(b) Whenever the Secretary proposes to reduce the
authorized number of full-time equivalent employees as-
signed to the Office of Inspector General, the Secretary
shall submit to the Committees on Veterans’ Affairs of
the Senate and House of Representatives a report provid-
ing notice of the proposed reduction and a detailed expla-
102
nation for the proposed reduction. No action to carry out
the proposed reduction may be taken after the submission
of such report until the end of a 45-day period of continu-
ous session of Congress (determined in the same manner
as specified in the last sentence of section 510(b) of this
title) following the date of the submission of the report.’’.
SEC. 12003. MODIFICATION OF ADMINISTRATIVE REORGA-
NIZATION AUTHORITY.
(a) MODIFICATION OF REQUIREMENT TO REPORT TO
CONGRESS.—Section 510 of title 38, United States Code,
is amended by striking out ‘‘90-day’’ both places it ap-
pears in subsection (b) and inserting in lieu thereof ‘‘45-
day’’.
(b) AUTHORITY TO REORGANIZE OFFICES IN EVENT
OF EMERGENCY.—Such section is further amended by
striking out subsection (d) and inserting the following:
‘‘(d)(1) The limitation in subsection (b) does not
apply with respect to an administrative reorganization at
a medical facility if the Secretary determines that the reor-
ganization is necessary to respond to an emergency situa-
tion at that facility. The Secretary may determine that
there is an emergency situation at a medical facility for
purposes of this subsection only in a case in which there
would be an immediate danger to patients and employees
at that facility without the reorganization. In the case of
103
a facility at which officials of the Department are consid-
ering whether to implement an administrative reorganiza-
tion before the event or occurrence which leads to an ini-
tial finding that such an emergency exists, the Secretary
may not make such a determination.
‘‘(2) Whenever the Secretary determines under para-
graph (1) that it is necessary to carry out an administra-
tive reorganization at a medical facility without regard to
the limitation in subsection (b), the Secretary shall submit
a report on that determination to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives.
The report shall provide the same information as is pro-
vided in a detailed plan and justification in the case of
an administrative reorganization subject to subsection (b).
The Secretary shall include in the report an explanation
of the alternatives to the proposed administrative reorga-
nization that were considered and each factor that was
considered in the decision to reject each such alternative.’’.
SEC. 12004. ELIMINATION OF REQUIREMENT FOR CERTAIN
SERVICES IN THE VETERANS HEALTH ADMIN-
ISTRATION.
(a) Section 7305 of title 38, United States Code, is
repealed.
104
(b) The table of sections at the beginning of chapter
73 of such title is amended by striking the item relating
to section 7305.
SEC. 12005. MODIFICATION OF PHYSICIAN REQUIREMENT
FOR CERTAIN SENIOR VETERANS HEALTH
ADMINISTRATION OFFICIALS.
(a) UNDER SECRETARY.—Section 305 of title 38,
United States Code, is amended—
(1) in subsection (a)(2), by striking out ‘‘shall
be a doctor of medicine and shall be’’ and inserting
in lieu thereof ‘‘shall (except as provided in sub-
section (d)(1)) be a doctor of medicine. The Under
Secretary shall be’’;
(2) in subsection (d)—
(A) by adding at the end of paragraph (1)
the following: ‘‘If at the time such a commission
is established both the position of Deputy
Under Secretary for Health and the position of
Associate Deputy Under Secretary for Health
are held by individuals who are doctors of medi-
cine, the individual appointed by the President
as Under Secretary for Health may be someone
who is not a doctor of medicine. In any case,
the Secretary shall develop, and shall furnish to
the commission, specific criteria which the com-
105
mission shall use in evaluating individuals for
recommendations under paragraph (3).’’;
(B) by redesignating paragraph (4) as
paragraph (5);
(C) by inserting after the first sentence of
paragraph (3) the following: ‘‘In a case in
which, pursuant to paragraph (1), the individ-
ual to be appointed as Under Secretary does
not have to be a doctor of medicine, the com-
mission may make recommendations without re-
gard to the requirement in subsection (a)(2)(A)
that the Under Secretary be appointed on the
basis of demonstrated ability in the medical
profession, but in such a case the commission
shall accord a priority to the selection of a doc-
tor of medicine over an individual who is not a
doctor of medicine.’’; and
(D) by designating the last two sentences
of paragraph (3) as paragraph (4).
(b) DEPUTY AND ASSOCIATE DEPUTY UNDER SEC-
RETARY.—Section 7306 of such title is amended—
(1) in subsection (a)—
(A) by striking out ‘‘of the following:’’ in
the matter preceding paragraph (1) and insert-
ing in lieu thereof ‘‘such personnel as may be
106
considered necessary for the purposes of this
chapter. In appointing persons to positions in
the Office, the Under Secretary shall consider
the different types of health care services pro-
vided to veterans by the Veterans Health Ad-
ministration and shall seek to ensure that ap-
pointments in the Office are made in such a
manner that the Office is staffed so as to pro-
vide the Under Secretary with appropriate ex-
pertise in those services. The Office shall in-
clude the following:’’;
(B) by inserting ‘‘(except as provided in
subsection (c))’’ in paragraphs (1) and (2) after
‘‘and who shall’’;
(C) by striking out each paragraph after
paragraph (2);
(2) by striking out subsection (b);
(3) by redesignating subsection (c) as sub-
section (b) and striking out ‘‘In the case of’’ in the
second sentence and all that follows through ‘‘such
appointments’’ and inserting in lieu thereof ‘‘Such
appointments’’; and
(4) by inserting after subsection (b), as so re-
designated, the following new subsection (c):
107
‘‘(c)(1) If at the time of the appointment of the Dep-
uty Under Secretary for Health under subsection (a)(1),
both the position of Under Secretary for Health and the
position of Associate Deputy Under Secretary for Health
are held by individuals who are doctors of medicine, the
individual appointed as Deputy Under Secretary for
Health may be someone who is not a doctor of medicine.
‘‘(2) If at the time of the appointment of the Associ-
ate Deputy Under Secretary for Health under subsection
(a)(2), both the position of Under Secretary for Health
and the position of Deputy Under Secretary for Health
are held by individuals who are doctors of medicine, the
individual appointed as Associate Deputy Under Secretary
for Health may be someone who is not a doctor of medi-
cine.’’.
SEC. 12006. USE OF FUNDS RECOVERED FROM THIRD PAR-
TIES.
(a) AUTHORIZED USES.—Section 1729(g) of title 38,
United States Code, is amended by adding at the end of
paragraph (3) the following new subparagraph:
‘‘(C) Payments for (i) the purchase of needed
medical equipment, and (ii) such other purposes as
may be specifically authorized by law.’’.
109
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1994, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $590,500,000.
‘‘(iii) On December 1, 1995, the amount set aside for
the reserve under subparagraph (A) shall be the amount
by which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1995, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $646,000,000.
‘‘(iv) On December 1, 1996, the amount set aside for
the reserve under subparagraph (A) shall be the amount
by which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1996, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
110
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $698,100,000.
‘‘(v) On December 1, 1997, the amount set aside for
the reserve under subparagraph (A) shall be the amount
by which—
‘‘(I) the unobligated balance remaining in the
Fund at the close of business on September 30,
1997, minus any part of such balance that the Sec-
retary determines is necessary to defray, the ex-
penses, payments, and costs described in paragraph
(3), exceeds
‘‘(II) $753,500,000.
‘‘(C) If the amount to be set aside for the reserve
for any year, as calculated under subparagraph (B), is less
than zero, the amount added to the reserve for that year
shall be zero.
‘‘(5) Not later than January 1 of each year, there
shall be deposited into the Treasury as miscellaneous re-
ceipts an amount equal to the amount of the unobligated
balance remaining in the Fund at the close of business
on September 30 of the preceding year minus any part
of such balance that the Secretary determines is necessary
in order to enable the Secretary to defray, during the fiscal
year in which the deposit is made, the expenses, payments,
111
and costs described in paragraph (3), and the amount in
the reserve described in paragraph (4).
‘‘(6) The Secretary shall prescribe regulations for the
allocation of amounts in the reserve under paragraph (4)
to the medical centers of the Department for the purposes
stated in paragraph (3)(C). Those regulations shall be de-
signed to provide incentives to directors of medical centers
to increase the recoveries and collections under this section
by requiring that 20 percent of those amounts be made
available each year directly to the medical centers at which
such recoveries and collections have been at above average
levels. The remaining 80 percent of those funds shall be
allocated as the Secretary considers appropriate.’’.
Subtitle B—Closure of Certain
Facilities
SEC. 12101. CLOSURE OF SUPPLY DEPOTS.
(a) IN GENERAL.—The Secretary of Veterans Affairs
shall close the Department of Veterans Affairs’ supply de-
pots specified in subsection (b).
(b) COVERED DEPOTS.—Subsection (a) applies to the
supply depots of the Department of Veterans Affairs at
the following locations:
(1) Somerville, New Jersey.
(2) Hines, Illinois.
(3) Bell, California.
112
(c) DEADLINE.—The Secretary shall complete the ac-
tions required by subsection (a) not later than September
30, 1995.
SEC. 12102. WAIVER OF OTHER PROVISIONS.
Sections 510(b) and 8121 of title 38, United States
Code, do not apply to the actions required under this sub-
title.
Subtitle C—Provision of Informa-
tion From the Medicare and
Medicaid Coverage Data Bank
to the Department of Veterans
Affairs
SEC. 12201. PROVISION OF DATA BANK INFORMATION TO
DEPARTMENT OF VETERANS AFFAIRS.
(a) ADDITIONAL PURPOSE OF DATA BANK.—
(1) The heading to section 1144 of the Social
Security Act is amended by striking ‘‘MEDICARE
AND MEDICAID’’ and inserting ‘‘HEALTH CARE’’.
(2) Subsection (a) of that section is amended—
(A) in the matter preceding paragraph (1),
by striking ‘‘Medicare and Medicaid’’ and in-
serting ‘‘Health Care’’;
(B) by striking ‘‘and’’ at the end of para-
graph (1);
113
(C) by substituting ‘‘, and’’ for the period
at the end of paragraph (2); and
(D) by adding at the end the following:
‘‘(3) assist in the identification of, and the col-
lection from, third parties responsible for payment
for health care items and services furnished to veter-
ans under chapter 17 of title 38, United States
Code.’’.
(b) DISCLOSURE OF DATA BANK INFORMATION TO
SECRETARY
OF
VETERANS
AFFAIRS.—Subsection
(b)(2)(B) of that section is amended by inserting ‘‘to the
Secretary of Veterans Affairs and’’ after ‘‘Data Bank’’.
Subtitle D—Veterans’ Appeals
Improvements
SEC. 12301. BOARD OF VETERANS’ APPEALS.
(a) BOARD MEMBERS
AND PERSONNEL.—Section
7101(a) of title 38, United States Code, is amended to
read as follows:
‘‘(a)(1) There is in the Department a Board of Veter-
ans’ Appeals (hereinafter in this chapter referred to as
the ‘Board’). The Board is under the administrative con-
trol 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
114
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 stenographic personnel as are
necessary to conduct hearings and consider and dispose
of matters properly before the Board in a timely man-
ner.’’.
(b) ETHICAL AND LEGAL LIMITATIONS ON CHAIR-
MAN.—Section 7101(b)(1) of such title is amended by in-
serting after the first sentence the following: ‘‘The Chair-
man shall be subject to the same ethical and legal limita-
tions and restrictions concerning involvement in partisan
political activities as apply to judges of the United States
Court of Veterans Appeals.’’.
(c) APPOINTMENT AND REMOVAL OF BOARD MEM-
BERS.—Section 7101(b) of such title is further amend-
ed—
(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
115
(3) by striking paragraph (4) and inserting the
following:
‘‘(4) The Secretary shall designate one Board
member as Vice Chairman based upon recommenda-
tions of the Chairman. The Chairman may designate
one or more Board members as Deputy Vice Chair-
men. The Vice Chairman and any Deputy Vice
Chairman shall perform such functions as the Chair-
man may specify. The Vice Chairman shall serve as
Vice Chairman at the pleasure of the Secretary. Any
Deputy Vice Chairman shall serve as Deputy Vice
Chairman at the pleasure of the Chairman.’’.
(d) ACTING BOARD MEMBERS.—Section 7101(c) of
such title is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) The Chairman may from time to time des-
ignate one or more employees of the Department to
serve as acting Board members.’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2) and in that paragraph by—
(A) striking ‘‘temporary Board members
designated under this subsection and the num-
ber of’’; and
116
(B) striking ‘‘section 7102(a)(2)(A)(ii) of
this title’’ and inserting ‘‘paragraph (1)’’.
(e) 
CHAIRMAN’S
ANNUAL
REPORT.—Section
7101(d)(2) of such title is amended—
(1) by striking out ‘‘and’’ at the end of sub-
paragraph (D);
(2) by striking out the period at the end of sub-
paragraph (E) and inserting in lieu thereof ‘‘; and’’;
and
(3) by adding at the end the following new sub-
paragraph:
‘‘(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.—Section 7101 of
such title is further amended—
(1) in subsection (d)(3)(B), by striking ‘‘section
7103(d)’’ and inserting ‘‘section 7101(a)(2)’’; and
(2) in subsection (e), by striking ‘‘a temporary
or’’ and inserting ‘‘an’’.
117
SEC. 12302. DECISIONS BY THE BOARD.
(a) ACTION BY BVA THROUGH SECTIONS.—Sections
7102 and 7103 of title 38, United States Code, are
amended to read as follows:
‘‘§ 7102. Decisions by the Board
‘‘A proceeding instituted before the Board shall be
assigned to an individual member or a panel of members
of the Board (other than the Chairman). A member or
panel of members who are assigned a proceeding shall
render a decision thereon, including any motion filed in
connection therewith. The member or panel of members
shall make a report under section 7104(d) of this title on
any such determination, which report shall constitute the
Board’s final disposition of the proceeding. Decisions by
a panel shall be made by a majority of the members of
the panel.
‘‘§ 7103. Reconsideration; correction of obvious errors
‘‘(a) The decision of a member or panel of the Board
under section 7102 of this title is final unless the Chair-
man orders reconsideration of the case. Such an order may
be made on the Chairman’s initiative or upon motion of
the claimant.
‘‘(b)(1) If the Chairman orders reconsideration in a
case decided by a single member, the matter shall be re-
ferred to a panel of not less than three Board members,
not including the member who rendered the initial deci-
118
sion, which shall render its decision after reviewing the
entire record before the Board. Such decisions shall be
made by a majority vote of the members of the panel and
shall constitute the final decision of the Board.
‘‘(2) If the Chairman orders reconsideration in a case
decided by a panel of members, the matter shall be re-
ferred to an enlarged panel, not including the members
of the panel which rendered the initial decision, which
shall render its decision after reviewing the entire record
before the Board. Such decisions shall be made by a ma-
jority vote of the members of the expanded panel and shall
constitute the final decision of the Board.
‘‘(c) The Board on its own motion may correct an
obvious error in the record, without regard to whether
there has been a motion or order for reconsideration.’’.
(b) CLERICAL AMENDMENT.—The items relating to
sections 7102 and 7103 in the table of sections at the be-
ginning of chapter 71 are amended to read as follows:
‘‘7102. Decisions by the Board.
‘‘7103. Reconsideration; correction of obvious errors.’’.
SEC. 12303. TECHNICAL CORRECTION.
Section 7104(a) of title 38, United States Code, is
amended by striking out ‘‘211(a)’’ and inserting in lieu
thereof ‘‘511(a)’’.
119
SEC. 12304. HEARINGS.
(a) IN GENERAL.—Section 7110 of title 38, United
States Code, is amended to read as follows:
‘‘§ 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)(1) An appellant may request a hearing before
the Board at either its principal location or at a regional
office of the Department. A hearing held at a regional of-
fice shall (except as provided in paragraph (2)) be sched-
uled 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 re-
quests for those hearings.
‘‘(2) In a case in which the Secretary is aware that
the appellant is seriously ill or is under severe financial
hardship, a hearing may be scheduled at a time earlier
than would be provided under paragraph (1).
‘‘(d) At the request of the Chairman, the Secretary
may provide suitable facilities and equipment to the Board
120
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 af-
ford the appellant an opportunity to participate in a hear-
ing before the Board through the use of such facilities and
equipment in lieu of a hearing held by personally appear-
ing before a Board member or members as provided in
subsection (c). Any such hearing shall be conducted in the
same manner as, and shall be considered the equivalent
of, a personal hearing. If the appellant declines to partici-
pate in a hearing through the use of such facilities and
equipment, the opportunity of the appellant to a hearing
as provided in subsection (c) shall not be affected.’’.
(b) CLERICAL AMENDMENT.—The item relating to
section 7110 in the table of sections at the beginning of
chapter 71 of such title is amended to read as follows:
‘‘7110. Hearings.’’.
SEC. 12305. ELIMINATION OF REQUIREMENT FOR ANNUAL
INCOME QUESTIONNAIRES.
Section 1506 of title 38, United States Code, is
amended—
121
(1) in paragraph (2), by striking out ‘‘shall’’
and inserting in lieu thereof ‘‘may’’; and
(2) in paragraph (3), by striking out ‘‘file a re-
vised report’’ and inserting in lieu thereof ‘‘notify
the Secretary’’.
TITLE XIII—HUMAN RESOURCE
MANAGEMENT
SEC. 13001. FEDERAL WORKFORCE TRAINING.
(a) IN GENERAL.—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—
(A) in subsection (a)—
(i) by striking ‘‘In’’ and all that fol-
lows through ‘‘maintain’’ and inserting ‘‘In
order to assist in achieving an agency’s
mission and performance goals by improv-
ing employee and organizational perform-
ance, the head of each agency, in conform-
ity with this chapter, shall establish, oper-
ate, maintain, and evaluate’’;
122
(ii) by striking ‘‘and’’ at the end of
paragraph (2);
(iii) by redesignating paragraph (3) as
paragraph (4); and
(iv) by inserting after paragraph (2)
the following:
‘‘(3) provide that information concerning the
selection and assignment of employees for training
and the applicable training limitations and restric-
tions be made available to employees of the agency;
and’’; 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.’’; and
(ii) by striking paragraph (2) and re-
designating paragraph (3) as paragraph
(2);
(3) in section 4105—
(A) in subsection (a) by striking ‘‘(a)’’;
and
(B) by striking subsections (b) and (c);
(4) by repealing section 4106;
123
(5) in section 4107—
(A) by amending the catchline to read as
follows:
‘‘§ 4107. Restriction on degree training’’;
(B) by striking subsections (a) and (b) and
redesignating subsections (c) and (d) as sub-
sections (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)—
(A) in the first sentence by striking ‘‘annu-
ally to the Office,’’ and inserting ‘‘to the Office,
at least once every 3 years, and’’; and
124
(B) by striking the matter following the
first sentence and inserting the following: ‘‘The
report shall set forth—
‘‘(1) information needed to determine that
training is being provided in a manner which is in
compliance with applicable laws intended to protect
or promote equal employment opportunity; and
‘‘(2) information concerning the expenditures of
the agency in connection with training and such
other information as the Office considers appro-
priate.’’;
(8) by repealing section 4114; and
(9) in section 4118—
(A) in subsection (a)(7) by striking ‘‘by,
in, and through non-Government facilities’’;
(B) by striking subsection (b); and
(C) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Title 5, United States Code, is amended—
(1) in section 3381(e) by striking ‘‘4105(a),’’
and inserting ‘‘4105,’’; and
(2) in the analysis for chapter 41—
(A) by repealing the items relating to sec-
tions 4106 and 4114; and
125
(B) by amending the item relating to sec-
tion 4107 to read as follows:
‘‘4107. Restriction on degree training.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall become effective on the date of enact-
ment of this Act.
SEC. 13002. 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 amended
to read as follows:
‘‘(f)(1) This subsection applies with respect to annual
leave accrued by an individual while serving in a position
in—
‘‘(A) the Senior Executive Service;
‘‘(B) the Senior Foreign Service;
‘‘(C) the Defense Intelligence Senior Executive
Service;
‘‘(D) the Senior Cryptologic Executive Service;
or
‘‘(E) the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive
Service.
‘‘(2) For purposes of applying any limitation on accu-
mulation under this section with respect to any annual
leave described in paragraph (1)—
126
‘‘(A) ‘30 days’ in subsection (a) shall be deemed
to read ‘90 days’; and
‘‘(B) ‘45 days’ in subsection (b) shall be
deemed to read ‘90 days’.’’.
(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 (determined applying the
amendment made by subsection (a)), 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.
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. TRANSFER OF FUNCTIONS.
(a) SUPERINTENDENT OF DOCUMENTS.—The posi-
tion of Superintendent of Documents and all functions of
the position of Superintendent of Documents under title
127
44, United States Code, or any other provision of law are
transferred to the Library of Congress and shall be carried
out by the Superintendent of Documents under the direc-
tion of the Librarian of Congress. The Superintendent of
Documents shall be appointed by, and serve at the pleas-
ure of, the Librarian of Congress. Until otherwise provided
by law, on and after the effective date of the transfer
under this subsection, the employees under the Super-
intendent of Documents who are transferred shall be
treated, for purposes of the laws governing labor-manage-
ment relations, in the same manner as such employees
were treated before the effective date of such transfer.
(b) REVOCATION OF CHARTERS.—All printing plant
charters authorized under section 501 of title 44, United
States Code, are revoked.
(c) EFFECTIVE DATE.—The transfer under sub-
section (a) shall take effect one year after the date of the
enactment of this title. The revocation under subsection
(b) shall take effect 2 years after the date of the enact-
ment of this title.
SEC. 14003. GOVERNMENT PUBLICATIONS TO BE AVAIL-
ABLE THROUGHOUT THE GOVERNMENT.
All Government publications shall be available
throughout the Government to any department, agency,
or entity of the Government for use or redissemination.
128
SEC. 14004. INVENTORY AND FURNISHING OF GOVERN-
MENT PUBLICATIONS.
Each department, agency, and other entity of the
Government shall—
(1) establish and maintain a comprehensive in-
ventory of its Government publications;
(2) make such inventory available through the
electronic directory under chapter 41 of title 44,
United States Code; and
(3) in the form and manner prescribed by the
Superintendent of Documents, furnish its Govern-
ment publications to the Superintendent of Docu-
ments.
SEC. 14005. ADDITIONAL RESPONSIBILITIES OF THE PUB-
LIC PRINTER.
(a) IN GENERAL.—The Public Printer shall, with re-
spect to the executive branch of the Government and the
judicial branch of the Government—
(1) use all necessary measures to remedy ne-
glect, delay, duplication, and waste in the public
printing and binding of Government publications, in-
cluding the reduction and elimination of internal
printing and high-speed duplicating capacities of de-
partments, agencies, and entities;
(2) prescribe Government publishing standards,
which, to the greatest extent practicable, shall be
129
consistent with the United States Government Print-
ing Office Style Manual;
(3) prescribe Government procurement and
manufacturing requirements for printing paper and
writing paper, which, to the greatest extent prac-
ticable, shall be consistent with Government Paper
Specification Standards;
(4) authorize the acquisition and transfer of
equipment requisitioned by publishing facilities au-
thorized under section 501 of title 44, United States
Code;
(5) authorize the disposal of such equipment
pursuant to section 312 of title 44, United States
Code; and
(6) establish policy for the acquisition of print-
ing, which, to the greatest extent practicable, shall
be consistent with (A) Printing Procurement Regu-
lation (GPO Publication 305.3), (B) Government
Printing and Binding Regulations (JCP No. 26),
and (C) Printing Procurement Department Instruc-
tion (PP304.1B).
(b) POLICY STANDARDS.—The policy referred to in
subsection (a)(6) shall be formulated to maximize competi-
tive procurement from the private sector. Government in-
house printing and duplicating operations authorized
130
under section 501 of title 44, United States Code, or oth-
erwise authorized by law, may be used if they provide
printing at the lowest cost to the Government, taking into
consideration the total expense of production, materials,
labor, equipment, and general and administrative expense,
including all levels of overhead.
SEC. 14006. ADDITIONAL RESPONSIBILITIES OF THE SU-
PERINTENDENT OF DOCUMENTS.
(a) GOVERNMENT PUBLICATIONS TO BE FURNISHED
TO THE SUPERINTENDENT OF DOCUMENTS.—If a depart-
ment, agency, or other entity of the Government publishes
a Government publication, the head of the department,
agency, or entity shall furnish the Government publication
to the Superintendent of Documents not later than the
date of release of the material to the public.
(b) DISSEMINATION OR REPUBLICATION.—In addi-
tion to any other dissemination provided for by law, the
Superintendent of Documents shall disseminate or repub-
lish Government publications, if, as determined by the Su-
perintendent, the dissemination by the department, agen-
cy, or entity of the Government is inadequate. The Super-
intendent shall have authority to carry out the preceding
sentence by appropriate means, including the dissemina-
tion and republication of Government publications fur-
nished under subsection (a), with the cost of dissemination
131
and republication to be borne by the department, agency,
or entity involved.
(c) COST.—The cost charged to the public by the Su-
perintendent of Documents under subsection (b) for any
Government publication (whether such Government publi-
cation is made available to the public by a department,
agency, or entity of the Government, or by the Super-
intendent of Documents) may include the incremental cost
of dissemination, but may not include any profit.
SEC. 14007. DEPOSITORY LIBRARIES.
In addition to any other distribution provided for by
law, the Superintendent of Documents shall make Govern-
ment publications available to designated depository li-
braries and State libraries. The Superintendent shall have
authority to carry out the preceding sentence by appro-
priate means, including the dissemination and republica-
tion of Government publications furnished under section
14006(a), with the cost of dissemination and republication
to be borne by the department, agency, or entity involved.
SEC. 14008. DEFINITIONS.
As used in this title—
(1) the term ‘‘Government publication’’ means
any informational matter that is published at Gov-
ernment expense, or as required by law; and
132
(2) the term ‘‘publish’’ means, with respect to
informational matter, make available for dissemina-
tion.
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 title are the elimination or consoli-
dation 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
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
133
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’’.
SEC. 16002. ELECTRONIC PAYMENTS.
(a) Section 3332 of title 31, United States Code, is
amended to read as follows:
‘‘§ 3332. Required direct deposit
‘‘(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.
134
‘‘(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.
‘‘(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.
135
‘‘(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.’’.
SEC. 16003. FRANCHISE FUNDS AND INNOVATION FUNDS.
(a) Title 31, United States Code, is amended by add-
ing, after section 1537, a section 1538, as follows:
‘‘§ 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-
136
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
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
137
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-
ernmental or non-governmental, in addition to the source
financed through the fund, the fund shall be canceled.’’.
(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:
‘‘1538. Franchise funds.’’.
(c) Title 31, United States Code, is amended by add-
ing, after section 1538, a section 1539, as follows:
138
‘‘§ 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.
‘‘(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
139
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.’’.
(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:
‘‘1539. Innovation funds.’’.
SEC. 16004. 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
140
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-
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-
141
erations and the Senate Committee on Governmental Af-
fairs, concerning the recommendations.
SEC. 16005. 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.
‘‘(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.
142
‘‘(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
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.
143
‘‘(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
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.’’.
144
SEC. 16006. 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;
‘‘(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.
145
‘‘(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.
‘‘(d) This section shall apply only to collection of
debts—
‘‘(1) for a program not within the Department
of Justice; and
‘‘(2) not involving the assistance of the Depart-
ment of Justice.’’.
(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:
‘‘3720B. Authorization of appropriations for enhancing debt collection.’’.
SEC. 16007. 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:
146
‘‘(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. 16008. 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)).’’.
SEC. 16009. CONTRACTS FOR COLLECTION SERVICES.
Subparagraph 3718(B)(1)(A) of title 31, United
States Code, is amended by striking the following: ‘‘If the
Attorney General makes a contract for legal services to
be furnished in any judicial district of the United States
under the first sentence of this paragraph, the Attorney
General shall use his best efforts to obtain, from among
attorneys regularly engaged in the private practice of law
in such district, at least four such contracts with private
individuals or firms in such district.’’.
147
SEC. 16010. ADJUSTING CIVIL MONETARY PENALTIES FOR
INFLATION.
The Federal Civil Penalties Inflation Adjustment Act
of 1990 is amended by—
(1) amending section 4 to read as follows: ‘‘The
head of each agency shall—
‘‘(1) by regulation, no later than September 30,
1994, and at least once every 4 years thereafter, ad-
just each civil monetary penalty provided by law
within the jurisdiction of the Federal agency, except
for any penalty under title 26, United States Code,
by the inflation adjustment described under section
5 and publish each such adjustment in the Federal
Register; and
‘‘(2) provide a report to the Secretary of the
Treasury by November 15 of each year on all pen-
alties adjusted during the preceding fiscal year.’’;
(2) amending subsection 5(a) by striking ‘‘The
adjustment described under paragraphs (4) and
(5)(A) of section 4’’ and inserting ‘‘The inflation ad-
justment’’; and
(3) adding, after section 6, a section 7, as fol-
lows: ‘‘Section 7. Any increase to a civil monetary
penalty resulting from this Act shall apply only to
violations which occur after the date any such in-
crease takes effect.’’.
148
TITLE XVII—RESCISSIONS OF
BUDGET AUTHORITY
SEC. 17001. SHORT TITLE.
This title may be cited as the ‘‘Fiscal Year 1994 Re-
scission Act’’.
Subtitle A—Department of Agri-
culture, 
Rural 
Development,
Food and Drug Administration,
and Related Agencies
DEPARTMENT OF AGRICULTURE
AGRICULTURAL RESEARCH SERVICE
(RESCISSION AND TRANSFER OF FUNDS)
Of the funds made available under this heading in
Public Law 103–111 and subsequently transferred to the
Human Nutrition Information Service pursuant to Sec-
retary’s Memorandum No. 1020–39, dated September 30,
1993, $1,000,000 are rescinded and the remaining funds
are transferred to the Agricultural Research Service: Pro-
vided, That funds appropriated by Public Law 103–111
for the functions of the former Human Nutrition Informa-
tion Service shall be made available only to the Agricul-
tural Research Service.
149
COOPERATIVE STATE RESEARCH SERVICE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–111, $14,279,000 are rescinded, includ-
ing $4,375,000 for contracts and grants for agricultural
research under the Act of August 4, 1965, as amended;
$7,000,000 
for 
competitive 
research 
grants; 
and
$2,904,000 for necessary expenses of the Cooperative
State Research Service.
BUILDINGS AND FACILITIES
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–111, $2,897,000 are rescinded.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
(RESCISSION AND TRANSFER OF FUNDS)
Of the funds made available under this heading in
Public Law 103–111 and subsequently transferred to the
Agricultural Cooperative Service pursuant to Secretary’s
Memorandum No. 1020–39, dated September 30, 1993,
$100,000 are rescinded and the remaining funds are
transferred to the Rural Development Administration.
PAYMENTS TO STATES AND POSSESSIONS
(TRANSFER OF FUNDS)
Of the funds made available under this heading in
Public Law 103–111 and subsequently transferred to the
150
Agricultural Cooperative Service pursuant to Secretary’s
Memorandum No. 1020–39, dated September 30, 1993,
$435,000 are transferred to the Rural Development
Administration.
FARMERS HOME ADMINISTRATION
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–111 for the cost of direct section 502
loans, $35,000,000 are rescinded.
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–111 for the cost of direct loans,
$20,000,000 are rescinded.
RURAL WATER AND WASTE DISPOSAL GRANTS
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–111, $25,000,000 are rescinded.
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–111, $12,167,000 are rescinded.
151
FOOD AND NUTRITION SERVICE
COMMODITY SUPPLEMENTAL FOOD PROGRAM
(RESCISSION)
Of the funds made available under this heading in
Public Law 102–341, $12,600,000 are rescinded.
FOOD DONATIONS PROGRAMS FOR SELECTED GROUPS
(RESCISSION)
Of the funds made available under this heading in
Public Law 102–341, $6,000,000 are rescinded.
PUBLIC LAW 480 PROGRAM ACCOUNT
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–111 for commodities supplied in connec-
tion with title III, $20,000,000 are rescinded.
Subtitle B—Departments of Com-
merce, Justice, and State, the
Judiciary, and Related Agencies
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT REVOLVING FUND
(RESCISSION)
Of the unobligated balances in the Economic Devel-
opment Revolving Fund, $29,000,000 are rescinded.
152
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
CONSTRUCTION
(RESCISSION)
Of the amounts made available under this heading
in Public Law 103–121, $3,000,000 are rescinded.
DEPARTMENT OF JUSTICE
ADMINISTRATIVE PROVISION
For fiscal year 1994 only, the Director of the Bureau
of Justice Assistance, upon good cause shown, may waive
the provisions of section 504(f) of the Omnibus Crime
Control and Safe Streets Act of 1968 for projects located
in communities covered under a Presidentially declared
disaster pursuant to the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
BUYING POWER MAINTENANCE
(RESCISSION)
Of the balances in the Buying Power Maintenance
account, $8,800,000 are rescinded.
NEW DIPLOMATIC POSTS
(RESCISSION)
Of the funds made available for the United States
Information Agency under this heading in Public Law
102–395, $1,000,000 are rescinded.
153
ADMINISTRATIVE PROVISION
Subject to enactment of legislation authorizing the
Secretary of State to charge a fee or surcharge for proc-
essing machine readable non-immigrant visas and machine
readable combined border crossing identification cards and
non-immigrant visas, the Secretary of State may collect
not to exceed $20,000,000 in additional fees or surcharges
during fiscal year 1994 pursuant to such authority: Pro-
vided, That such additional fees shall be deposited as an
offsetting collection to the Department of State, Adminis-
tration of Foreign Affairs, ‘‘Diplomatic and Consular Pro-
grams’’ appropriation account and such fees shall remain
available until expended: Provided further, That such col-
lections shall be available only to modernize, automate,
and enhance consular services and counterterrorism activi-
ties of the Department of State, to include the develop-
ment and installation of automated visa and namecheck
information systems, secure travel documents, worldwide
telecommunications systems, and management systems to
permit sharing of critical information regarding visa appli-
cants and help secure America’s borders.
154
THE JUDICIARY
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
DEFENDER SERVICES
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–121, $3,000,000 are rescinded.
RELATED AGENCIES
BOARD FOR INTERNATIONAL BROADCASTING
ISRAEL RELAY STATION
(RESCISSION)
Of the funds made available under this heading,
$1,700,000 are rescinded.
UNITED STATES INFORMATION AGENCY
SALARIES AND EXPENSES
(INCLUDING RESCISSION)
Of the funds made available under this heading in
Public Law 103–121, $1,177,000 are rescinded.
Notwithstanding the provisions of this or any other
Act, not to exceed $2,000,000 of the funds made available
under this heading in Public Law 103–121 may be used
to carry out projects involving security construction and
related improvements for Agency facilities not physically
located together with Department of State facilities
abroad: Provided, That such funds may remain available
until expended.
155
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–121, $850,000 are rescinded.
RADIO CONSTRUCTION
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–121, $2,000,000 are rescinded.
Subtitle C—Energy and Water
Development
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
GENERAL INVESTIGATIONS
(RESCISSION)
Of the amounts made available under this heading
in Public Law 102–377 and prior years’ Energy and
Water Development Appropriations Acts, $24,970,000 are
rescinded.
CONSTRUCTION, GENERAL
(RESCISSION)
Of the amounts made available under this heading
in Public Law 102–377 and prior years’ Energy and
Water Development Appropriations Acts, $97,319,000 are
rescinded.
156
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
CONSTRUCTION PROGRAM
(RESCISSION)
Of the amounts made available under this heading
in Public Law 102–377 and prior years’ Energy and
Water Development Appropriations Acts, $16,000,000 are
rescinded.
DEPARTMENT OF ENERGY
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT
ACTIVITIES
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–126, $97,300,000 are rescinded: Pro-
vided, That the reduction shall be taken as a general re-
duction, applied to each program equally, so as not to
eliminate or disproportionately reduce any program,
project, or activity in the Energy Supply, Research and
Development Activities account as included in the reports
accompanying Public Law 103–126.
URANIUM SUPPLY AND ENRICHMENT ACTIVITIES
(RESCISSION)
Of the amounts made available under this heading
in Public Law 102–377 and prior years’ Energy and
Water Development Appropriations Acts, $42,000,000 are
rescinded.
157
Subtitle 
D—Foreign 
Operations,
Export Financing, and Related
Agencies
MULTILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
INTERNATIONAL FINANCIAL INSTITUTIONS
INTERNATIONAL BANK FOR RECONSTRUCTION AND
DEVELOPMENT
(RESCISSION)
Of the unexpended or unobligated balances made
available for payment to the International Bank for Re-
construction and Development for the United States share
of the paid-in share portion of the increases in capital
stock for the General Capital Increase, $27,910,500 is
rescinded.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
Notwithstanding Public Law 103–87, the United
States Governor of the International Bank for Reconstruc-
tion and Development may subscribe without fiscal year
limitation to the callable capital portion of the United
States share of the increases in capital stock in an amount
not to exceed $902,439,500.
158
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT
BANK
(RESCISSION)
Of the unexpended or unobligated balances made
available for payment to the Inter-American Development
Bank by the Secretary of the Treasury, for the paid-in
share portion of the United States share of the increase
in capital stock $16,063,134 is rescinded.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
Notwithstanding Public Law 103–87, the United
States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of the increases
in 
capital 
stock 
in 
an 
amount 
not 
to 
exceed
$1,563,875,725.
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK
(RESCISSION)
Of the unexpended or unobligated balances made
available for payment to the Asian Development Bank by
the Secretary of the Treasury, for the paid-in share por-
tion of the United States share of the increase in capital
stock $13,026,366 is rescinded.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
Notwithstanding Public Law 103–87, the United
States Governor of the Asian Development Bank may not
subscribe in fiscal year 1994 to the callable capital portion
159
of the United States share of any increases in capital
stock.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
AGENCY FOR INTERNATIONAL DEVELOPMENT
DEVELOPMENT ASSISTANCE
(RESCISSION)
Of the unexpended or unobligated balances (including
earmarked funds) made available for fiscal years 1987
through 1993 to carry out the provisions of sections 103
through 106 of the Foreign Assistance Act of 1961, as
amended, $160,000,000 is rescinded: Provided, That
funds rescinded under this paragraph are to be derived
from the following countries in the following amounts:
Guatemala, $8,000,000; Honduras, $5,000,000; India,
$10,000,000; 
Indonesia, 
$15,000,000; 
Morocco,
$10,000,000; Pakistan, $15,000,000; Peru, $5,000,000;
Philippines, $10,000,000; Thailand, $10,000,000; and
Yemen, $5,000,000: Provided further, That $10,000,000
of the funds rescinded under this paragraph are to be de-
rived from non-country specific, centrally funded activities:
Provided further, That $57,000,000 of the funds rescinded
under this paragraph are to be derived from prior year
deobligated funds.
160
ECONOMIC SUPPORT FUND
(RESCISSION)
Of the unexpended or unobligated balances of funds
(including earmarked funds) made available for fiscal
years 1987 through 1993 to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
as amended, $90,000,000 is rescinded: Provided, That
funds rescinded under this paragraph are to be derived
from the following countries in the following amounts:
Kenya, 
$2,000,000; 
Liberia, 
$797,000; 
Oman,
$18,000,000; 
Peru, 
$11,000,000; 
Philippines,
$10,200,000; and Somalia, $3,003,000: Provided further,
That $45,000,000 of the funds rescinded under this para-
graph are to be derived from the Private Sector Power
Project (No. 391–0494) for Pakistan.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
(RESCISSION)
Of the grant funds made available (including ear-
marked funds) under this heading in Public Law 102–391
and prior appropriations Acts, $66,000,000 is rescinded:
Provided, That funds rescinded under this paragraph are
to be derived from the following countries in the following
amounts: Benin, $3,000; Cameroon, $161,000; Central
African Republic, $59,000; Congo, $7,000; Cote D’ Ivoire,
161
$128,000; Equatorial Guinea, $86,000; Gabon, $3,000;
Ghana, $600,000; Guatemala, $1,563,000; Guinea,
$499,000; Kenya, $9,000,000; Liberia, $15,000; Mada-
gascar, $505,000; Mali, $3,000; Malawi, $326,000; Mau-
ritania, $300,000; Morocco, $8,000,000; Organization of
American States, $6,000; Oman, $3,100,000; Pakistan,
$8,108,000; Peru, $6,533,000; Philippines, $5,000,000;
Rwanda, $250,000; Sao Tome & Principe, $228,000; So-
malia, 
$4,349,000; 
Sudan, 
$8,609,000; 
Thailand,
$1,384,000; Togo, $19,000; Tunisia, $4,100,000; Ugan-
da, $100,000; Yemen, $2,241,000; Zambia, $100,000;
Zaire, $455,000; and Zimbabwe, $160,000.
Subtitle E—Department of the
Interior and Related Agencies
DEPARTMENT OF THE INTERIOR
U.S. FISH AND WILDLIFE SERVICE
CONSTRUCTION AND ANADROMOUS FISH
(RESCISSION)
Of the funds appropriated under this head in Public
Law 100–446 and Public Law 102–154, $3,874,000 are
rescinded.
162
DEPARTMENT OF THE TREASURY
BIOMASS ENERGY DEVELOPMENT
(RESCISSION)
Of the funds available under this head, $16,275,000
are rescinded.
DEPARTMENT OF ENERGY
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Section 303 of Public Law 97–257, as amended, is
repealed.
The seventh proviso under the head ‘‘Clean Coal
Technology’’ in Public Law 101–512, and the seventh pro-
viso under the head ‘‘Clean Coal Technology’’ in Public
Law 102–154, both concerning Federal employment, are
repealed.
Subtitle F—Departments of Labor,
Health and Human Services,
Education, and Related Agen-
cies
DEPARTMENT OF LABOR
(RESCISSION)
Of the amounts appropriated in Public Law 103–112
for salaries and expenses and administrative costs of the
Department of Labor, $4,000,000 are rescinded.
163
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
(RESCISSION)
Of the amounts appropriated in Public Law 103–112
for salaries and expenses and administrative costs of the
Department of Health and Human Services (except the
Social 
Security 
Administration), 
$37,500,000 
are
rescinded.
SOCIAL SECURITY ADMINISTRATION
SUPPLEMENTAL SECURITY INCOME PROGRAM
(RESCISSION)
Of the amounts appropriated in the first paragraph
under this heading in Public Law 103–112, $10,909,000
are rescinded.
LIMITATION ON ADMINISTRATIVE EXPENSES
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–112 to invest in a state-of-the-art com-
puting network, $80,000,000 are rescinded.
DEPARTMENT OF EDUCATION
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
(RESCISSION)
Of the amounts appropriated under this heading in
Public Law 103–112 for salaries and expenses and admin-
164
istrative 
costs 
of 
the 
Department 
of 
Education,
$8,500,000 are rescinded.
Subtitle G—Legislative Branch
HOUSE OF REPRESENTATIVES
SALARIES AND EXPENSES
(RESCISSION)
Of the amounts made available under this heading
in Public Law 101–520, $633,000 are rescinded in the
amounts specified for the following headings and accounts:
‘‘ALLOWANCES AND EXPENSES’’, $633,000, as follows:
‘‘Official Expenses of Members’’, $128,000; ‘‘sup-
plies, materials, administrative costs and Federal tort
claims’’, $125,000; ‘‘net expenses of purchase, lease and
maintenance of office equipment’’, $364,000; and ‘‘Gov-
ernment contributions to employees’ life insurance fund,
retirement funds, Social Security fund, Medicare fund,
health benefits fund, and worker’s and unemployment
compensation’’, $16,000.
Of the amounts made available under this heading
in Public Law 102–90, $2,352,000 are rescinded in the
amounts specified for the following headings and accounts:
165
‘‘HOUSE LEADERSHIP OFFICES’’, $253,000;
‘‘COMMITTEE ON THE BUDGET (STUDIES)’’, $4,000;
‘‘STANDING COMMITTEES, SPECIAL AND SELECT’’,
$378,000;
‘‘ALLOWANCES AND EXPENSES’’, $943,000, as follows:
‘‘Official Expenses of Members’’, $876,000; and
‘‘stenographic reporting of committee hearings’’, $67,000;
‘‘COMMITTEE ON APPROPRIATIONS (STUDIES AND
INVESTIGATIONS)’’, $595,000;
‘‘SALARIES, OFFICERS AND EMPLOYEES’’, $179,000, as
follows:
‘‘Office of the Postmaster’’, $19,000; ‘‘for salaries
and expenses of the Office of the Historian’’, $26,000;
‘‘the House Democratic Steering and Policy Committee
and the Democratic Caucus’’, $73,000; and ‘‘the House
Republican Conference’’, $61,000.
ARCHITECT OF THE CAPITOL
CAPITOL BUILDINGS AND GROUNDS
CAPITOL BUILDINGS
(RESCISSION)
Of the amounts made available under this heading
in Public Law 102–392 and Public Law 103–69,
$1,000,000 and $2,000,000, respectively, both made avail-
able until expended, are rescinded: Provided, That the Ar-
chitect of the Capitol shall be considered the agency for
purposes of the election in section 801(b)(2)(B) of the
166
National Energy Conservation Policy Act and the head of
the agency for purposes of subsection (b)(2)(C) of such
section.
LIBRARY OF CONGRESS
(RESCISSION)
Of the amounts made available under this heading
in Public Law 103–69 and Public Law 98–396, $900,000
are rescinded.
GENERAL ACCOUNTING OFFICE
SALARIES AND EXPENSES
(RESCISSION)
Of the amounts made available under this heading
in Public Law 103–69, $1,300,000 are rescinded.
SUPPLEMENTAL APPROPRIATION
That the following sum is appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Legislative Branch for the fiscal year ending September
30, 1994, and for other purposes, namely:
HOUSE OF REPRESENTATIVES
PAYMENTS TO WIDOWS AND HEIRS OF DECEASED
MEMBERS OF CONGRESS
For payment to Karen A. Henry, widow of Paul B.
Henry, late a Representative from the State of Michigan,
$133,600.
167
Subtitle H—Department of
Defense-Military
MILITARY CONSTRUCTION
(RESCISSIONS)
Of the funds appropriated under Public Law 103–
110, the following funds are hereby rescinded from the
following accounts in the specified amounts:
Military Construction, Army, $22,319,000;
Military Construction, Navy, $13,969,000;
Military Construction, Air Force, $24,787,000;
Military 
Construction, 
Defense-Wide,
$13,663,000;
Military Construction, Army National Guard,
$7,568,000;
Military Construction, Air National Guard,
$6,187,000;
Military 
Construction, 
Army 
Reserve,
$2,551,000;
Military 
Construction, 
Naval 
Reserve,
$626,000;
Military Construction, Air Force Reserve,
$1,862,000;
North Atlantic Treaty Organization Infrastruc-
ture, $70,000,000; and
168
Base Realignment and Closure Account, Part
III, $437,692,000:
Provided, That, within funds available for ‘‘Base Realign-
ment and Closure Account, Part III’’ for fiscal year 1994,
not less than $200,000,000 shall be available solely for
environmental restoration.
Subtitle I—Department of Trans-
portation and Related Agencies
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
The funds provided for ‘‘Small community air serv-
ice’’ under section 419 of the Federal Aviation Act of
1958, as amended, in excess of the funds made available
for obligation in Public Law 103–122 are rescinded.
COAST GUARD
OPERATING EXPENSES
(RESCISSION)
Of the funds provided under this heading in Public
Law 102–368, $5,000,000 are rescinded.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
(RESCISSION)
Of the funds provided under this heading in Public
Law 102–368, $2,000,000 are rescinded.
169
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–122, $750,000 are rescinded.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
Of the available balances (including earmarked
funds) under this heading, $29,451,111 are rescinded.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
Of the funds provided under the Airport and Airway
Improvement Act of 1982, as amended, for grants-in-aid
for airport planning and development and noise compat-
ibility planning and programs, $488,200,000 of the
amount in excess of the funds made available for obliga-
tion in Public Law 103–122 are rescinded.
FEDERAL HIGHWAY ADMINISTRATION
(RESCISSION)
Of the funds made available for specific highway
projects that are not yet under construction, $85,774,222
are rescinded: Provided, That no funds shall be rescinded
from any emergency relief project funded under section
125 of title 23, United States Code: Provided further, That
170
for the purposes of this paragraph, a project shall be
deemed to be not under construction unless a construction
contract for physical construction has been awarded by the
State, municipality, or other contracting authority.
NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
OPERATIONS AND RESEARCH
(RESCISSION)
Of the amounts provided under this heading in Public
Law 102–388, $3,476,000 are rescinded.
Of the amounts provided under this heading in Public
Law 101–516, $1,075,000 are rescinded.
Of the amounts provided under this heading in Public
Law 101–164, $2,505,000 are rescinded.
FEDERAL TRANSIT ADMINISTRATION
DISCRETIONARY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION)
Any unobligated balances of funds made available for
fiscal year 1991 and prior fiscal years under section 3 of
the Federal Transit Act, as amended, and allocated to spe-
cific projects for the replacement, rehabilitation, and pur-
chase of buses and related equipment, for construction of
bus-related facilities, and for new fixed guideway systems
are rescinded: Provided, That no funds provided for the
Miami Metromover project shall be rescinded: Provided