206
HR 820 PP
period as may be appropriate, based on the report of a local
government under paragraph (1).
SEC. 1110. COMMUNITY ADVISORY COMMITTEES.
(a) ESTABLISHMENT.—A local government that ap-
plies for approval of a local flexibility plan under this title
shall establish a community advisory committee in accord-
ance with this section.
(b) FUNCTIONS.—A community advisory committee
shall advise a local government in the development and im-
plementation of its local flexibility plan, including advice
with respect to—
(1) conducting public hearings;
(2) representing the interest of low income indi-
viduals and families; and
(3) reviewing and commenting on all community
policies, programs, and actions under the plan which
affect low income individuals and families, with the
purpose of ensuring maximum coordination and re-
sponsiveness of the plan in providing benefits under
the plan to those individuals and families.
(c) MEMBERSHIP.—The membership of a community
advisory committee shall—
(1) consist of—
(A) low income individuals, who shall—
207
HR 820 PP
(i) comprise at least one-third of the
membership; and
(ii) include minority individuals who
are participants or who qualify to partici-
pate in eligible Federal assistance pro-
grams;
(B) representatives of low income individ-
uals and families;
(C) persons with leadership experience in
the private and voluntary sectors;
(D) local elected officials;
(E) representatives of participating quali-
fied organizations; and
(F) the general public; and
(2) include individuals and representatives of
community organizations who shall help to enhance
the leadership role of the local government in develop-
ing a local flexibility plan.
(d) OPPORTUNITY
FOR REVIEW
AND COMMENT
BY
COMMITTEE.—Before submitting an application for ap-
proval of a final proposed local flexibility plan, a local gov-
ernment shall submit the final proposed plan for review and
comment by a community advisory committee established
by the local government.
208
HR 820 PP
(e) COMMITTEE REVIEW OF REPORTS.—Before sub-
mitting annual or final reports on an approved assistance
plan, a local government or private nonprofit organization
shall submit the report for review and comment to the com-
munity advisory committee.
SEC. 1111. TECHNICAL AND OTHER ASSISTANCE.
(a) TECHNICAL ASSISTANCE.—(1) The Community
Enterprise Board may provide, or direct that the head of
a Federal agency provide, technical assistance to a local
government or qualified organization in developing infor-
mation necessary for the design or implementation of a
local flexibility plan.
(2) Assistance may be provided under this subsection
if a local government makes a request that includes, in ac-
cordance with requirements established by the Community
Enterprise Board—
(A) a description of the local flexibility plan the
local government proposes to develop;
(B) a description of the groups of individuals to
whom benefits shall be provided under covered Federal
assistance programs included in the plan; and
(C) such assurances as the Community Enter-
prise Board may require that—
(i) in the development of the application to
be submitted under this title for approval of the
209
HR 820 PP
plan, the local government shall provide ade-
quate opportunities to participate to—
(I) low income individuals and fami-
lies that shall receive benefits under covered
Federal assistance programs included in the
plan; and
(II) governmental agencies that admin-
ister those programs; and
(ii) the plan shall be developed after consid-
ering fully—
(I) needs expressed by those individuals
and families;
(II) community priorities; and
(III) available governmental resources
in the geographic area to which the plan
shall apply.
(b) DETAILS TO BOARD.—At the request of the Chair-
man of the Community Enterprise Board and with the ap-
proval of an agency head who is a member of the Board,
agency staff may be detailed to the Community Enterprise
Board on a nonreimbursable basis.
SEC. 1112. COMMUNITY ENTERPRISE BOARD.
(a) FUNCTIONS.—The Community Enterprise Board
shall—
210
HR 820 PP
(1) receive, review, and approve or disapprove
local flexibility plans for which approval is sought
under this title;
(2) upon request from an applicant for such ap-
proval, direct the head of an agency that administers
a covered Federal assistance program under which
substantial Federal assistance would be provided
under the plan to provide technical assistance to the
applicant;
(3) monitor the progress of development and im-
plementation of local flexibility plans;
(4) perform such other functions as are assigned
to the Community Enterprise Board by this title; and
(5) issue regulations to implement this title
within 180 days after the date of its enactment.
(b) REPORTS.—No less than 18 months after the date
of the enactment of this Act, and annually thereafter, the
Community Enterprise Board shall submit a report on the
5 Federal regulations that are most frequently waived by
the Community Enterprise Board for local governments
with approved local flexibility plans to the President and
the Congress. The President shall review the report and de-
termine whether to amend or terminate such Federal regu-
lations.
211
HR 820 PP
SEC. 1113. TERMINATION AND REPEAL; REPORT.
(a) TERMINATION AND REPEAL.—This title is repealed
on the date that is 5 years after the date of the enactment
of this Act.
(b) REPORT.—No later than 4 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Congress, a report that—
(1) describes the extent to which local govern-
ments have established and implemented approved
local flexibility plans;
(2) evaluates the effectiveness of covered Federal
assistance programs included in approved local flexi-
bility plans; and
(3) includes recommendations with respect to
continuing local flexibility.
TITLE XII—HERO ACT
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Heroic Efforts to Rescue
Others Act’’ (HERO Act).
SEC. 1202. FINDINGS.
Congress finds that—
(1) existing Occupational Safety and Health Ad-
ministration regulations require the issuance of a ci-
tation to an employer in a circumstance in which an
employee of such employer has voluntarily acted in a
212
HR 820 PP
heroic manner to rescue individuals from imminent
harm during work hours;
(2) application of such regulations to employers
in such circumstance causes hardships to those em-
ployers who are responsible for employees who per-
form heroic acts to save individuals from imminent
harm;
(3) strict application of such regulations in such
circumstance penalizes employers as a result of the
time lost and legal fees incurred to defend against
such citations; and
(4) in order to save employers the cost of unnec-
essary enforcement an exemption from the issuance of
a citation to an employer under certain situations re-
lated to such circumstance is appropriate.
SEC. 1203. CITATIONS.
Section 9 of the Occupational Safety and Health Act
(29 U.S.C. 658) is amended by adding at the end the follow-
ing new subsection:
‘‘(d)(1) No citation may be issued under this section
for a rescue activity by an employer’s employee of an indi-
vidual in imminent harm unless—
‘‘(A)(i) such employee is designated or assigned
by the employee’s employer with responsibility to per-
form or assist in rescue operations; and
214
HR 820 PP
‘‘(ii) the employer has failed to instruct employ-
ees not designated or assigned to perform or assist in
rescue operations—
‘‘(I) of the arrangements for rescue;
‘‘(II) not to attempt rescue; and
‘‘(III) of the hazards of attempting rescue
without adequate training or equipment.
‘‘(2) For purposes of this subsection, the term ‘immi-
nent harm’ means the existence of any condition or practice
that could reasonably be expected to cause death or serious
physical harm before such condition or practice can be
abated.’’.
TITLE XIII—MISCELLANEOUS
PROVISIONS
SEC. 1301. ECONOMIC AND EMPLOYMENT IMPACT ACT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Economic and Employment Impact Act’’.
(b) FINDINGS AND PURPOSES.—
(1) FINDINGS.—The Congress finds that—
(A) compliance with Federal regulations is
estimated to cost the private sector and State
and 
local 
governments 
as 
much 
as
$850,000,000,000 a year;
(B) excessive Federal regulation and man-
dates increase the cost of doing business and thus
215
HR 820 PP
hinder economic growth and employment oppor-
tunities;
(C) State and local governments are forced
to absorb the cost of unfunded Federal mandates;
and
(D) in addition to budget and deficit esti-
mates, Congress and the executive branch deci-
sion makers need to be aware of regulatory cost
impacts of proposed Federal actions on the pri-
vate sector and State, local, and tribal govern-
ments.
(2) PURPOSES.—The purposes of this section
are—
(A) to ensure that the people of United
States are fully apprised of the impact of Fed-
eral legislative and regulatory activity on eco-
nomic growth and employment;
(B) to require both the Congress and the ex-
ecutive branch to acknowledge and to take re-
sponsibility for the fiscal and economic effects of
legislative and regulatory actions and activities;
(C) to provide a means to ensure that con-
gressional and executive branch action are fo-
cused on enhancing economic growth and provid-
216
HR 820 PP
ing increased job opportunities for the people of
United States; and
(D) to protect against congressional or exec-
utive branch actions which hinder economic
growth or eliminate jobs for the people of United
States.
(c) ECONOMIC
AND EMPLOYMENT IMPACT STATE-
MENTS FOR LEGISLATION.—
(1) PREPARATION.—The Director of the Congres-
sional Budget Office (referred to as the ‘‘Director’’)
shall prepare an economic and employment impact
statement, as described in paragraph (2), to accom-
pany each bill or joint resolution reported by any
committee (except the Committee on Appropriations)
of the House of Representatives or the Senate or con-
sidered on the floor of either House.
(2) CONTENTS.—The economic and employment
impact statement required by paragraph (1) shall in-
clude the following:
(A) An estimate of the numbers of individ-
uals and businesses who would be regulated by
the bill or joint resolution and a determination
of the groups and classes of such individuals and
businesses;
217
HR 820 PP
(B) A determination of the economic impact
of such regulation on individuals, consumers,
and businesses affected.
(C)(i) An estimate of the costs which would
be incurred by the private sector in carrying out
or complying with such bill or joint resolution in
the fiscal year in which it is to become effective,
and in each of the 4 fiscal years following such
fiscal year, together with the basis for each such
estimate.
(ii) Estimates required by this subpara-
graph shall include specific data on costs im-
posed on groups and classes of individuals and
businesses, including small business and consum-
ers, and employment impacts on those individ-
uals and businesses.
(D) An estimate of the costs that would be
incurred by State and local governments, which
shall include—
(i) the estimates required by section
403 of the Congressional Budget Act of
1974; and
(ii) an evaluation of the extent of the
costs of the Federal mandates arising from
such bill or joint resolution in comparison
218
HR 820 PP
with funding assistance provided by the
Federal Government to address the costs of
complying with such mandates.
(3) REPORT
NOT
AVAILABLE.—If compliance
with the requirements of paragraph (1) is impractica-
ble, the Director shall submit a statement setting forth
the reasons for noncompliance.
(4) STATEMENT TO ACCOMPANY COMMITTEE RE-
PORTS.—The economic and employment impact state-
ment required by this subsection shall accompany
each bill or joint resolution reported or otherwise con-
sidered on the floor of either House. Such statement
shall be printed in the committee report upon timely
submission to the committee. If not timely filed or
otherwise unavailable for publication in the commit-
tee report, the economic and regulatory statement
shall be published in the Congressional Record not
less than 2 calendar days prior to any floor consider-
ation of a bill or joint resolution subject to the provi-
sions of this subsection by either House.
(5) COMMITTEE STATEMENTS OPTIONAL.—Noth-
ing in this subsection shall be construed to modify or
otherwise affect the requirements of paragraph 11(b)
of rule XXVI of the Standing Rules of the Senate, re-
219
HR 820 PP
garding preparation of an evaluation of regulatory
impact.
(d) ECONOMIC AND EMPLOYMENT IMPACT STATEMENT
FOR EXECUTIVE BRANCH REGULATIONS.—
(1) PREPARATION.—Each Federal department or
executive branch agency shall prepare an economic
and employment impact statement, as described in
paragraph (2), to accompany regulatory actions.
(2) CONTENTS.—The economic and employment
impact statement required by paragraph (1) shall in-
clude the following:
(A) An estimate of the numbers of individ-
uals and businesses who would be regulated by
the regulatory action and a determination of the
groups and classes of such individuals and busi-
nesses.
(B) A determination of the economic impact
of such regulation on individuals, consumers,
and businesses affected.
(C)(i) An estimate of the costs which would
be incurred by the private sector in carrying out
or complying with such regulatory action in the
fiscal year in which it is to become effective and
in each of the 4 fiscal years following such fiscal
220
HR 820 PP
year, together with the basis for each such esti-
mate;
(ii) The estimate required by this subpara-
graph shall include specific data on costs on
groups and classes of individuals and businesses,
including small business and consumers, and
employment impacts on those individuals and
businesses.
(D) An estimate of the costs that would be
incurred by State and local governments, which
shall include—
(i) an estimate of cost which would be
incurred by State and local governments in
carrying out or complying with the regu-
latory action in the fiscal year in which it
is to become effective and in each of the 4
fiscal years following such fiscal year, to-
gether with the basis for such estimate;
(ii) a comparison of the estimates of
costs described in clause (i), with any avail-
able estimates of costs made by any Federal
or State agency;
(iii) if the agency determines that the
regulatory action is likely to result in an-
nual cost to State and local governments of
221
HR 820 PP
$200,000,000 or more, or is likely to have
exceptional fiscal consequences for a geo-
graphic region or a particular level of gov-
ernment, a statement by the agency detail-
ing such results or consequences; and
(iv) an evaluation of the extent of the
costs of the Federal mandates arising from
the regulatory action in comparison with
funding assistance provided by the Federal
Government to address the costs of comply-
ing with such mandates.
(4) REPORT
NOT
AVAILABLE.—If compliance
with the requirements of paragraph (1) is impractica-
ble, the agency or department shall submit a state-
ment setting forth the reasons for noncompliance.
(5) STATEMENT TO ACCOMPANY FEDERAL REGU-
LATORY
ACTIONS.—The economic and employment
impact statement with respect to a regulatory action
required by this subsection shall be published in the
Federal Register together with the publication of such
regulatory action. If the regulatory action is not pub-
lished in the Federal Register, the economic and em-
ployment impact statement shall be made available to
the public in a timely manner.
222
HR 820 PP
(6) DEFINITION
OF ‘‘REGULATORY
ACTION’’.—
For purposes of this subsection, the term ‘‘regulatory
action’’ means any substantive action by a Federal
agency (required to be or customarily published in the
Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation,
including notices of inquiry, advance notices of pro-
posed rulemaking, notices of proposed rulemaking, in-
terim final rules, and final rules and regulations.
(e) PROVISION FOR NATIONAL SECURITY EMERGENCY
WAIVER.—
(1) CONGRESSIONAL ECONOMIC IMPACT STATE-
MENTS.—The Congress may waive the requirements of
subsection (c) at any time in which a declaration of
war is in effect, or in response to a national security
emergency at the request of the President.
(2) EXECUTIVE REGULATIONS ECONOMIC IMPACT
STATEMENTS.—The President may waive the require-
ments of subsection (d) at any time in which a dec-
laration of war is in effect, or in response to a na-
tional security emergency as determined by the Presi-
dent in consultation with Congress.
(f) EFFECTIVE DATE.—This section shall take effect 30
days after the date enactment of this Act.
223
HR 820 PP
SEC. 
1302. 
URBAN 
UNIVERSITY 
BUSINESS 
INITIATIVE
GRANTS.
(a) 
URBAN
UNIVERSITY
BUSINESS
INITIATIVE
GRANTS.—
(1) AUTHORIZATION.—The Secretary of Com-
merce (hereafter in this section referred to as the
‘‘Secretary’’) is authorized to make grants to eligible
institutions in accordance with this section.
(2) APPLICATION.—
(A) IN
GENERAL.—An eligible institution
seeking assistance under this section shall submit
to the Secretary an application at such time, in
such form, and containing or accompanied by
such information and assurances as the Sec-
retary may require by regulation.
(B) CONTENTS.—Except as provided in sub-
paragraph (C), each application submitted pur-
suant to subparagraph (A) shall include—
(i) a description of the activities and
services for which assistance is sought;
(ii) evidence of coordination with any
small business development centers in exist-
ence in the community; and
(iii) documentation of the formation of
a consortium that includes, in addition to
224
HR 820 PP
eligible institutions, one or more of the fol-
lowing entities:
(I) A nonprofit organization.
(II) A business or other employer.
(C) WAIVER.—The Secretary may waive the
requirements of subparagraph (B)(iii) for any
applicant who can demonstrate to the satisfac-
tion of the Secretary that the applicant has de-
vised an integrated and coordinated plan that
otherwise meets the requirements of this section.
(3) SELECTION PROCEDURES.—Not later than
120 days after the date of enactment of this section,
the Secretary shall, by regulation, develop a formal
procedure for the submission of applications under
this section and shall publish in the Federal Register
an announcement of that procedure and the availabil-
ity of funds under this section.
(b) AUTHORIZED ACTIVITIES.—
(1) IN
GENERAL.—Funds provided under this
section shall be used to design and implement pro-
grams to assist businesses, especially those in lower
income urban communities, to become more produc-
tive and able to compete in the global marketplace.
(2) SPECIFIC AUTHORIZED ACTIVITIES.—Activi-
ties conducted with funds made available under this
225
HR 820 PP
section may include research on, or planning and im-
plementation of technology transfer, technical train-
ing, the delivery of services, or technical assistance
in—
(A) business development;
(B) business creation;
(C) business expansion; and
(D) human resource management.
(c) PEER REVIEW PANEL.—
(1) ESTABLISHMENT.—Not later than 90 days
after the date on which the Secretary publishes the
announcement in the Federal Register in accordance
with subsection (a)(3), the Secretary shall appoint a
peer review panel (hereafter in this section referred to
as the ‘‘panel’’).
(2) MEMBERSHIP.—In appointing the panel
under paragraph (1), the Secretary shall consult with
officials of other Federal agencies and with non-Fed-
eral organizations in order to ensure that—
(A) the panel membership is geographically
balanced; and
(B) the panel is composed of representatives
from public and private institutions of higher
education, labor, business, and nonprofit organi-
226
HR 820 PP
zations having expertise in business development
in lower income urban communities.
(3) DUTIES.—The panel shall—
(A) review applications submitted under
this section; and
(B) make recommendations to the Secretary
concerning the selection of grant recipients.
(d) DISBURSEMENT OF FUNDS.—
(1) LIMITATION
ON
AMOUNT.—The Secretary
shall not provide assistance under this section to any
recipient which exceeds $400,000 during any 1-year
period.
(2) EQUITABLE
GEOGRAPHIC
DISTRIBUTION.—
The Secretary shall award grants under this section
in a manner that achieves equitable geographic dis-
tribution of such grants.
(e) DEFINITIONS.—For purposes of this section, the fol-
lowing definitions shall apply:
(1) LOWER
INCOME
URBAN
COMMUNITY.—The
term ‘‘lower income urban community’’ means an
urban area in which the percent of residents living
below the Federal poverty level is not less than 115
percent of the statewide average.
(2) URBAN AREA.—
227
HR 820 PP
(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘‘urban area’’ means
a primary metropolitan statistical area of the
United States Department of Commerce, Bureau
of the Census.
(B) EXCEPTION.—With respect to a State
that does not contain an urban area, as defined
in subparagraph (A), the Secretary shall des-
ignate 1 area in the State as an urban area for
purposes of this section.
(3) ELIGIBLE INSTITUTION.—
(A) INSTITUTION
OR
CONSORTIUM.—The
term ‘‘eligible institution’’ means a nonprofit in-
stitution of higher education that meets the re-
quirements of subparagraph (B), or a consor-
tium of such institutions, any 1 of which meets
the requirements of subparagraph (B).
(B) REQUIREMENTS.—An institution meets
the requirements of this subparagraph if the in-
stitution—
(i) is located in an urban area;
(ii) draws a substantial portion of its
undergraduate students from the urban area
in which such institution is located, or from
contiguous areas;
228
HR 820 PP
(iii) carries out programs to make
postsecondary 
educational 
opportunities
more accessible to residents of such urban
area, or contiguous areas;
(iv) has the present capacity to provide
resources responsive to the needs and prior-
ities of such urban area and contiguous
areas;
(v) offers a range of professional, tech-
nical, or graduate programs sufficient to
sustain the capacity of such institution to
provide such resources;
(vi) has demonstrated and sustained a
sense of responsibility to such urban area
and contiguous areas and the people of such
areas; and
(vii) has a school of business accredited
by the American Assembly of Collegiate
Schools of Business (or similar organiza-
tion) with faculty experienced in conducting
research on issues of immediate concern to
small and emerging businesses.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
(1) $10,000,000, for fiscal year 1995; and
229
HR 820 PP
(2) such sums as may be necessary, for fiscal
years 1996, 1997, 1998, and 1999.
SEC. 1303. PROHIBITION ON SOLICITATION OF CAMPAIGN
CONTRIBUTIONS 
BY 
PERSONS 
AWARDING
CONTRACTS.
(a) IN GENERAL.—Chapter 29 of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 610. Solicitation of political contributions by per-
sons awarding contracts
‘‘Any person who awards any contract or grant under
any provision of, or any amendment made by, the National
Competitiveness Act of 1994 who, during the 5-year period
beginning on the date the contract or grant is awarded,
knowingly solicits a political contribution (within the
meaning of section 7322(3) of title 5, United States Code)
from any person who was awarded such contract or grant
(or any owner, officer, employee, or agent thereof) shall be
imprisoned for 1 year or fined not more than $10,000, or
both.’’.
230
HR 820 PP
(b) CONFORMING AMENDMENT.—The table of sections
for chapter 29 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘610. Solicitation of political contributions by persons awarding contracts.’’.
Attest:
Secretary.
231
HR 820 PP
HR 820 PP——2
HR 820 PP——3
HR 820 PP——4
HR 820 PP——5
HR 820 PP——6
HR 820 PP——7
HR 820 PP——8
HR 820 PP——9
HR 820 PP——10
HR 820 PP——11
HR 820 PP——12
HR 820 PP——13
HR 820 PP——14
HR 820 PP——15
HR 820 PP——16
HR 820 PP——17
HR 820 PP——18
HR 820 PP——19
HR 820 PP——20
HR 820 PP——21
HR 820 PP——22