TABLE OF CONTENTS:
Title I: Targeting Habitual Repeat and Violent
Criminal Offenders
Subtitle A: Expanding the Capacity of State
Correctional Facilities
Subtitle B: Major Offenders Programs and Felony
Parole Violators
Title II: Ending the Double Victimization of Society
Subtitle A: Denial of Federal Benefits
Subtitle B: Prison Work Programs
Title III: Repeal of Supervised Release Program
Title IV: Drug Paraphernalia Tax
Title V: Financing
Subtitle A: National Security
Subtitle B: Physical Capital, Natural Resources, and
Science
Subtitle C: Government Management
Subtite D: Human Resources
Subtitle E: Social Services and Retirement
Violent and Repeat Offenders Act of 1994 - Title I: Targeting Habitual Repeat and Violent Criminal Offenders - Subtitle A: Expanding the Capacity of State Correctional Facilities - Authorizes the Director of the Bureau of Justice Assistance to make grants to States to construct additional correctional facilities for the purpose of increasing prison capacity to make habitual and violent criminal offenders serve the full term of their sentences. Specifies that such construction should aim to provide sufficient capacity to incarcerate such offenders who exhibit a high risk for continued or violent criminal activity for such terms, including individuals: (1) with three or more arrests by age 18; (2) with a history of violent criminal offenses; and (3) exhibiting a pattern of crimes of premeditation and deliberation for whom a prison stay may have a significant deterrent value. Authorizes the Director to make such grants to States to operate prison facilities including costs for administration and staff.
(Sec. 102) Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description of the correctional facility needs in the State, including relevant supporting data; (2) a description of the resources available to build additional correctional facility capacity, together with an account of the expenses involved that cannot be met with existing resources at the State and local levels; (3) an explanation of how the State will be able to sustain the increased operation and maintenance costs of expanded correctional facility capacity; and (4) an evaluation component, including quantifiable data, that measures progress toward meeting the prison capacity goals under this subtitle.
(Sec. 103) Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures.
Subtitle B: Major Offenders Programs and Felony Parole Violators - Authorizes the Director to make grants to States, for use by the States and units of local government, for purposes of developing and increasing the capacity and the effectiveness of major offenders programs that prioritize the arrest and prosecution of habitual and violent criminal offenders. Specifies that such programs shall include: (1) establishment or expansion of specialized major offender units in law enforcement and criminal prosecutor offices to identify, monitor, arrest, and prosecute major offenders; and (2) establishment or expansion of a State crime information center computer database to include the complete arrest histories of major offenders and parole violator units and other relevant information for use by law enforcement officers and criminal prosecutors.
(Sec. 113) Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description, with supporting data, of the crime problems attributable to major offenders and parole violators that improved law enforcement and prosecution programs may be able to decrease; (2) a description of the resources available to implement or expand major offenders and parole violators programs; and (3) an evaluation component.
(Sec. 114) Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations.
Title II: Ending the Double Victimization of Society - Subtitle A: Denial of Federal Benefits- Makes any individual who is convicted of three Federal or State felony offenses ineligible for any Federal benefits.
(Sec. 212) Requires: (1) State and Federal courts to send information, as determined necessary by the Director of the Office of Justice Assistance, regarding the conviction of third-time felons to such Office in a timely manner; (2) such Office to maintain a computer listing of individuals convicted of a third Federal or State felony offense and update such list in a timely manner; (3) such Office to transfer the names of such individuals to the General Services Administration for inclusion in the publication "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs"; and (4) representatives of a Government agency that is responsible for the distribution of a Federal benefit to consult such publication before granting such benefit.
(Sec. 214) Authorizes appropriations.
Subtitle B: Prison Work Programs - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a State, in order to avoid a reduction of available funds by 25 percent (for redistribution to other participating States), to implement or continue a prison workfare program that requires an inmate who is physically able (as determined by the State Director of Corrections) to work a portion of each day.
Title III: Repeal of Supervised Release Program - Repeals provisions authorizing the court to include a term of supervised release after imprisonment.
Title IV: Drug Paraphernalia Tax - Amends the Internal Revenue Code to impose a tax, equal to 100 percent of the price for which sold, on taxable smoking paraphernalia manufactured in or imported into the United States. Increases the tax on cigarette papers.
Title V: Financing - Subtitle A: National Security - Expresses the sense of the Congress that the President should negotiate with member nations of the North Atlantic Treaty Organization (NATO) and any other foreign nation with which the United States has a bilateral or multilateral defense agreement, with certain exceptions, to seek an agreement that provides for such nation to pay at least 50 percent of the overseas basing costs incurred by the United States for stationing its members and civilian personnel in that nation. Limits the U.S. share of overseas basing coats for FY 1995 and thereafter, lowering such percentage from 84 percent of such costs for FY 1995 to 50 percent of such costs for FY 1998 and thereafter.
(Sec. 502) Directs the Secretary of the Army to reorganize and reduce offices of the U.S. Army Corps of Engineers in order to achieve at least $50 million in net annual savings by FY 1998.
(Sec. 503) Rescinds specified military construction and defense procurement funds during FY 1994, as well as specified funds for the MK-19 grenade launcher program.
(Sec. 505) Directs the Secretary of Defense to cancel the C-26 aircraft program and the Mobile In-Shore Undersea Warfare Vans program.
(Sec. 507) Rescinds or reduces: (1) FY 1994 defense operation and maintenance funds; (2) funding for the Food for Peace program under the Agricultural Trade Development and Assistance Act of 1954 (with a modification of loan terms); (3) funds for the International Bank for Reconstruction and Development; (4) funding for the International Development Association under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994; (5) funds for foreign military financing under the same Act; and (6) funds for the Agency for International Development, Department of State, and the United States Information Agency.
Subtitle B: Physical Capital, Natural Resources, and Science - Terminates the spacelifter program.
(Sec. 522) Department of Science, Space, Energy, and Technology Organization Act of 1993 - Establishes the Department of Science, Space, Energy, and Technology (Department).
Transfers the following entities to the Department: (1) the National Aeronautics and Space Administration; (2) the National Institute of Standards and Technology; (3) the National Science Foundation; (4) the National Oceanic and Atmospheric Administration; (5) the Patent and Trademark Office; (6) the Department of Energy, renamed the National Energy Administration, except for specified facilities to be transferred to the Department of Defense; and (7) the National Telecommunications and Information Administration.
(Sec. 523) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to eliminate and rescind funding for the magnetic levitation prototype development program.
(Sec. 524) Rescinds funding from specified National Institutes of Health, independent agencies, and Department of Defense accounts for federally sponsored university research and development programs.
(Sec. 525) Directs the Secretaries of Energy and Commerce to establish procedures for recoupment of certain grants undertaken by their respective Departments. Authorizes the Secretaries to require recoupment as necessary.
(Sec. 526) Eliminates the competitive contracting exclusion for contracts involving federally funded research and development centers and Federal executive agencies or the Department of Defense.
(Sec. 527) Terminates (and rescinds funding for) the Modular High-Temperature Gas-Cooled Reactor program.
(Sec. 528) Establishes the Department of Energy Facilities Closure and Reconfiguration Commission which shall review and recommend (based upon the Secretary of Energy's recommendations) closures and reconfigurations for Department of Energy facilities. Appropriates Commission funds. Terminates the Commission not later than 20 months after enactment of this Act. Sets forth the procedures for facilities closure and reconfiguration, including presidential and congressional review. Establishes in the Treasury a Department of Energy Facility Closure Account.
(Sec. 529) Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the Alaska Power Authority (now known as the Alaska Industrial Development and Export Authority) or its successor; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage, doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association. Authorizes appropriations. Directs the Secretary of Energy to assess alternative options before making such sales.
(Sec. 531) Rescinds funding for the SPR petroleum account.
(Sec. 532) Directs the Secretary of the Interior to study the termination of the helium subsidy.
(Sec. 533) Rescinds funding for certain water projects.
(Sec. 534) Amends the Comprehensive Environmental Response, Compensation and Liability Act to establish a preference for interim measures rather than permanent treatment technologies in Superfund response actions.
Amends the Superfund Amendments and Reauthorization Act of 1986 to authorize appropriations for the Superfund. Amends the Internal Revenue Code to limit funds from the Superfund to such authorization amounts.
(Sec. 535) Establishes in the Office of the Secretary of the Treasury a Disaster Relief Account. Rescinds specified disaster relief funding under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1994.
(Sec. 536) Repeals title VII (weather office closure procedures) of the National Oceanic and Atmospheric Administration Authorization Act of 1992. Rescinds specified National Weather Service funding under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994.
(Sec. 537) Rescinds specified funding for the National Oceanic and Atmospheric Administration (NOAA) research fleet and certain other activities under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994.
(Sec. 539) Directs the Secretary of the Interior and the Secretary of the Army to jointly study the feasibility of merging the Bureau of Reclamation and the United States Army Corps of Engineers.
(Sec. 540) Rescinds specified Cooperative State Research Service facilities funding under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1994.
(Sec. 541) Repeals authority for the: (1) airway science program; (2) collegiate training initiative; and (3) air carrier maintenance technician training facility grant program. Rescinds specified funding for Federal Aviation Administration operations and facilities and equipment.
(Sec. 542) Repeals the Symms National Recreational Trails Act of 1991.
(Sec. 543) Repeals specified Economic Development Administration funding under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994.
(Sec. 544) Amends the Communications Act of 1934 to eliminate funding for public telecommunications facilities. Rescinds specified telecommunications funding under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994.
(Sec. 545) Establishes a moratorium on construction or acquisition of new Federal buildings.
Subtitle C: Government Management - Transfers the position of Public Printer (PP) and all associated functions (except those of the Superintendent of Documents (SD)) to the executive branch.
(Sec. 551) Transfers the SD position and all associated functions to the Library of Congress where they will be carried out by the SD under the direction of the Librarian of Congress (LC). Requires the SD to be appointed by, and serve at the pleasure of, the LC.
Revokes all existing authorized printing plant charters.
Requires all Government publications to be available throughout the Government to any department, agency, or entity of the Government for use or redissemination.
Requires Government entities to: (1) establish and maintain a comprehensive inventory of their publications; (2) make such inventory available through the electronic directory; and (3) furnish their publications to the SD in the prescribed form and manner.
Imposes additional specified responsibilities on: (1) the PP with respect to the executive and judicial branches, including using all necessary measures to remedy duplication and waste in public printing and prescribing publishing standards and procurement requirements; and (2) the SD with respect to dissemination of Government publications, including making publications available to designated depository and State libraries.
(Sec. 552) Expresses the sense of the Congress that: (1) the Bureau of Indian Affairs should be reorganized as specified; and (2) such reorganization should be pursued in coordination with the Task Force on Bureau of Indian Affairs reorganization.
(Sec. 553) Makes specified rescissions of various executive agencies' FY 1994 funding for printing and reproduction and for supplies and materials.
(Sec. 554) Directs the Secretary of Housing and Urban Development (HUD) to streamline HUD, including eliminating a specified number of employee positions and consolidating various offices.
(Sec. 555) Terminates the Interstate Commerce Commission (ICC), transfers all associated functions to the Secretary of Transportation, and rescinds specified FY 1994 ICC funding, and transfers other ICC funding to the Department of Transportation.
(Sec. 556) Makes specified rescissions of Tennessee Valley Authority and Appalachian Regional Commission funds.
(Sec. 558) Directs the Secretary of Veterans Affairs to implement a prospective payment system for the Veterans Health Administration.
(Sec. 559) Makes a specified rescission of FY 1994 funding for the Legal Services Corporation.
(Sec. 560) Repeals the State Justice Institute Act of 1984, thereby abolishing the State Justice Institute (SJI), and rescinds a specified amount of FY 1994 SJI funding.
(Sec. 561) Reorganizes the U.S. Marshals Service.
(Sec. 562) Makes specified rescissions of FY 1994 funds for: (1) the Bureau of Alcohol, Tobacco and Firearms; (2) construction of Federal offices and courthouses; (3) the Executive Office of the President and the legislative branch (except the Senate); (4) House of Representative franking; and (5) certain official Government travel.
(Sec. 568) Eliminates the 1994 calendar year cost-of-living adjustment (COLA) for Members of Congress, and limits future adjustments for Members to the same percentages as those for Federal employees.
(Sec. 569) Ends unlimited accumulation of annual leave for members of the Senior Executive Service and rescinds a specified amount of FY 1994 funds for executive agency accrued leave payments.
(Sec. 570) Sets specified limits on the total number of full-time equivalent executive agency positions each fiscal year through FY 1998. Gives the Office of Management and Budget enforcement authority over such limits, and, provides for waivers from such limits under certain conditions. Rescinds a specified amount of FY 1994 funds for executive agency employee compensation.
(Sec. 572) Terminates specified Federal advisory committees.
(Sec. 573) Increases the threshold for application of the Davis-Bacon Act. Rescinds a specified amount of FY 1994 executive agency funds for construction activities under Davis-Bacon.
(Sec. 574) Amends Federal law commonly known as the Copeland Act to require employers on contracts covered by Davis-Bacon to certify compliance with applicable labor law standards at least once a month to the Department of Labor, instead of submitting weekly payroll records.
Rescinds a specified amount of FY 1994 funds for executive agency construction activities under Copeland.
(Sec. 575) Requires the Secretary of the Treasury to establish a program requiring user fees for applications for alcohol labeling and formula reviews.
(Sec. 576) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to increase registration fees. Requires the amounts collected as registration fees to be deposited into the Treasury for use towards the salaries and expenses of Securities and Exchange Commission employees.
(Sec. 577) Requires States participating in marketing activities or tourism promotion abroad through the U.S. Travel and Tourism Administration to pay user fees to fund the Administration.
Requires the Secretary of Commerce to establish a program requiring the payment of user fees for all services provided to all non-Federal entities by the International Trade Administration in carrying out its export promotion programs.
Subtitle D: Human Resources - Terminates Department of Housing and Urban Development (HUD) assistance for public housing construction, other than Indian public housing. Reallocates specified rescinded funding to the Section 8 housing voucher program.
(Sec. 582) Amends the Housing and Community Development Amendments of 1978 to revise provisions regarding the management and disposition of HUD-held multifamily properties and mortgages.
(Sec. 583) Terminates specified annual grant assistance to the Commonwealth of the Northern Mariana Islands as of September 30, 1993.
Subtitle E: Social Services and Retirement - Amends Federal civil service law to add special rules for certain post-1993 new employees and Members of Congress.
(Sec. 592) Makes changes with regard to Government contributions to the Thrift Savings Plan.
(Sec. 593) Defers until age 62 COLAs for military retirees who first entered military service on or after January 1, 1994.
(Sec. 594) Amends title XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to consolidate into a single block grant program various specified social services programs, including the at-risk child care program under SSA title VI part A (Aid to Families with Dependent Children).
(Sec. 595) Amends the Higher Education Act of 1965 to prohibit the award of Pell grants to prisoners.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3721 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 3721
To provide grants to the Bureau of Justice Assistance to expand the
capacity of correctional facilities in the States, increase programs
for major offenders and parolees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 1994
Mr. Andrews of Texas introduced the following bill; which was referred
jointly to the Committees on the Judiciary, Ways and Means, Foreign
Affairs, Public Works and Transportation, Armed Services, Agriculture,
Science, Space, and Technology, Government Operations, Energy and
Commerce, Natural Resources, House Administration, Rules, Banking,
Finance and Urban Affairs, Veterans' Affairs, Education and Labor, and
Post Office and Civil Service
_______________________________________________________________________
A BILL
To provide grants to the Bureau of Justice Assistance to expand the
capacity of correctional facilities in the States, increase programs
for major offenders and parolees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent and Repeat Offenders Act of
1994''.
TITLE I--TARGETING HABITUAL REPEAT AND VIOLENT CRIMINAL OFFENDERS
Subtitle A--Expanding the Capacity of State Correctional Facilities
SEC. 101. GRANT AUTHORIZATION.
(a) In General.--The Director of the Bureau of Justice Assistance
may make grants under this subtitle to States to construct additional
correctional facilities for the purpose of increasing prison capacity
to make habitual repeat and violent criminal offenders serve the full
term of their sentences.
(b) Construction of Additional Prisons.--The construction referred
to in subsection (a) should aim to provide sufficient capacity to
incarcerate habitual repeat and violent criminal offenders who exhibit
a high risk for continued or violent criminal activity, for the full
length of their sentences, including--
(1) individuals with 3 or more arrests by the age of 18,
representing less than 2 percent of all juveniles arrested, but
who commit a disproportionate share of crimes;
(2) individuals with a history of violent criminal
offenses, including murder, aggravated assault, rape, and armed
robbery; and
(3) individuals exhibiting a pattern of crimes of
premeditation and deliberation for whom a prison stay may have
a significant deterrent value.
(c) Operational Assistance.--The Director of the Bureau of Justice
Assistance may make grants under this subtitle to States to operate
prison facilities, including costs for administration and staff.
SEC. 102. STATE APPLICATIONS.
(a) In General.--(1) To be eligible to receive a grant under this
subtitle, the chief executive of the State, in consultation with the
State Department of Corrections, shall submit an application to the
Director in such a form and containing such information as the Director
may reasonably require.
(2) In such application, a State office or agency shall be
designated by the chief executive as the lead agency responsible for
the coordination, implementation, administration, and evaluation of the
services described in the application in accordance with this subtitle.
(3) Each State application will contain assurances that the lead
agency will work in cooperation with the State Department of
Corrections, and other appropriate State and local agencies to
implement inter agency agreements to carry out the provisions of this
subtitle.
(b) General Contents.--Each State application under subsection (a)
shall include--
(1) a description of the prison overcrowding problems
encountered in the areas and populations to be served under
this grant;
(2) assurances that Federal funds received under this
subtitle shall supplement, not supplant, non-Federal funds that
would otherwise be available for activities funded under this
subtitle; and
(3) assurances that the State has eliminated parole for
criminal offenders described in section 101(b).
(c) Comprehensive Plan.--Each State application shall include a
comprehensive plan that contains--
(1) a description of the correctional facility needs in the
State, including relevant supporting data;
(2) a description of the resources available to build
additional correctional facility capacity, together with an
account of the expenses involved that cannot be met with
existing resources at the State and local levels;
(3) an explanation of how the State will be able to sustain
the increased operation and maintenance costs of expanded
correctional facility capacity; and
(4) an evaluation component, including quantifiable data,
that measures progress toward meeting the prison capacity goals
under this subtitle.
SEC. 103. ALLOCATION OF FUNDS.
Funds appropriated for this subtitle shall be allocated as follows:
(1) 0.4 percent shall be allocated to each of the States;
and
(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each State an amount
which bears the same ratio to the amount of remaining funds
described in this paragraph as the population of such State
bears to the population of all States.
SEC. 104. RENEWAL AND LIMITATIONS OF GRANTS.
(a) Renewal of Grants.--A grant may be renewed to each State up to
4 additional years after the initial grant is awarded, subject to
availability of funds, if the Director determines that the funds were
used in a manner required under the approved application and if the
applicant can demonstrate significant progress in attaining the stated
goals of this subtitle.
(b) Construction Funds.--Funds allocated under this subtitle shall
be used only for the construction of correctional facilities. Funds
provided under this subtitle shall not be used for purposes of land
acquisition or for additional correctional facility operations and
maintenance costs.
(c) Administrative Cost Limitation.--The State shall use not more
than 5 percent of the funds available under this subtitle for purposes
of administration, technical assistance, and evaluation.
SEC. 105. GRANT AWARDS.
(a) Approval.--The application submitted under this subtitle shall
be considered approved, in whole or in part, by the Bureau not later
than 45 days after first received unless the Bureau informs the
applicant of specific reasons for disapproval.
(b) Disapproval Notice and Reconsideration.--The Bureau shall not
disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
SEC. 106. DEFINITIONS.
For purposes of this subtitle, the term ``correctional facilities''
means high security prison facilities.
Subtitle B--Major Offenders Programs and Felony Parole Violators
SEC. 111. PURPOSES.
The purpose of this subtitle is to establish or increase the
capacity of programs in prosecutorial offices and law enforcement
agencies that prioritize the arrest and prosecution of major offenders
and felony parole violators.
SEC. 112. GRANT AUTHORIZATION.
(a) In General.--The Director of the Bureau of Justice Assistance
may make grants under this subtitle to States, for use by the States
and units of local governments in the States, for purposes of
developing and increasing the capacity and the effectiveness of major
offenders programs that prioritize the arrest and prosecution of
habitual repeat and violent criminal offenders.
(b) Major Offenders Programs.--The programs referred to in
subsection (a) shall include the following:
(1) Establishment or expansion of specialized major
offender units in law enforcement and criminal prosecutor
offices to identify, monitor, arrest, and prosecute major
offenders.
(2) Establishment or expansion of a State crime information
center computer data base to include the complete arrest
histories of major offenders and parole violator units and
other relevant information for use by law enforcement officers
and criminal prosecutors.
SEC. 113. STATE APPLICATIONS.
(a) In General.--(1) To be eligible to receive a grant under this
subtitle, the chief executive of a State shall submit an application to
the Director of the Bureau of Justice Assistance in such a form and
containing such information as the Director may reasonably require.
(2) The State application shall be drafted in consultation and
cooperation with State and local law enforcement, State and local
criminal prosecution offices, local governing bodies, and other
appropriate State and local agencies.
(3) In such application, a State office or agency shall be
designated by the chief executive as the lead agency responsible for
the coordination, implementation, administration, and evaluation of the
services described in the application in accordance with this subtitle.
(4) Each State application will contain assurances that the lead
agency will work in cooperation with the appropriate State and local
agencies and offices to implement inter agency agreements to carry out
the provisions of this subtitle.
(b) General Contents.--Each State application under subsection (a)
shall include--
(1) a description of the law enforcement and prosecutorial
problems, as well as the crime problems attributable to major
offenders that are encountered in the areas and populations to
be served under this grant; and
(2) assurances that Federal funds received under this
subtitle shall supplement, not supplant, non-Federal funds that
would otherwise be available for activities funded under this
subtitle.
(c) Comprehensive Plan.--Under this subtitle, each State
application shall include a comprehensive plan, containing--
(1) a description, with supporting data, of the crime
problems attributable to major offenders and parole violators
that improved law enforcement and prosecution programs may be
able to decrease;
(2) a description of the resources available to implement
or expand major offenders and parole violators programs,
together with an account of the expenses involved in the plan
that cannot be met with existing resources at the State and
county levels; and
(3) an evaluation component, including quantifiable data,
that will measure progress toward meeting the goals under this
subtitle.
SEC. 114. LOCAL APPLICATIONS.
(a) In General.--To request funds under this subtitle from a State,
the chief executive of a unit of local government shall submit an
application to the lead agency designated under section 112(a)(2) which
shall, to the extent possible, include all the elements required for
State grant applications enumerated under this subtitle.
(b) Approval.--(1) Such application shall be considered approved,
in whole or in part, by the State not later than 45 days after such
application is received unless the State informs the applicant in
writing of specific reasons for disapproval.
(2) The State shall not disapprove any application submitted to the
State without first affording the applicant reasonable notice and an
opportunity for reconsideration.
(3) If such application is approved, the unit of local government
is eligible to receive such funds.
(c) Priority.--In drafting a grant proposal for funds under this
section, the State shall give priority to applications from local
governments or geographic regions which have the highest crime rate per
capita, relative to the rest of the State.
SEC. 115. ALLOCATION OF FUNDS.
(a) Allocation to the States.--Funds appropriated for this subtitle
shall be allocated as follows:
(1) 0.4 percent shall be allocated to each of the States;
and
(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each State an amount
which bears the same ratio to the amount of remaining funds
described in this paragraph as the population of such State
bears to the population of all States.
(b) Allocation to Units of Local Government.--(1) Each State which
receives funds under subsection (a) in a fiscal year shall distribute
among units of local government in such State that portion of such
funds which bears the same ratio to the aggregate amount of such funds
as the amount of funds expended by all units of local government for
major offenders in the preceding fiscal year bears to the aggregate
amount of funds expended by the State and all units of local government
in such State for major offenders in such preceding fiscal year.
(2) In distributing funds received under this subtitle among urban,
rural, and suburban units of local government, the State shall give
priority to jurisdictions with the greatest need.
SEC. 116. RENEWAL AND LIMITATIONS.
(a) Renewal of Grants.--A grant may be renewed to each State for up
to 4 additional years after the first fiscal year a grant is received,
subject to availability of funds, if the Director determines that funds
were used in a manner required under the approved application and if
the applicant can demonstrate significant progress in attaining the
stated goals of this subtitle.
(b) Land Restriction.--Funds provided under this subtitle shall not
be used for purposes of land acquisition, construction, or facility
operations and maintenance costs.
(c) Administrative Cost Limitation.--The chief executive of the
State shall use not more than 5 percent of the funds available under
this subtitle for purposes of administration, technical assistance, and
evaluation.
SEC. 117. AWARD OF GRANTS.
(a) In General.--The Bureau of Justice Assistance shall make a
grant to carry out the projects described in the State application upon
determining that--
(1) the application is consistent with the requirements
under this subtitle; and
(2) before the approval of the application the Bureau has
made an affirmative finding in writing that the application has
been reviewed in accordance with this title.
(b) Approval.--The application submitted under this subtitle shall
be considered approved, in whole or in part, by the Bureau not later
than 45 days after first received unless the Bureau informs the
applicant of specific reasons for disapproval.
(c) Disapproval Notice and Reconsideration.--The Bureau shall not
disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
(d) Restriction.--Grant funds received under this subtitle shall
not be used for land acquisition or construction purposes.
SEC. 118. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``major offender'' includes the meaning of the
terms habitual repeat offender and violent criminal offender
defined in paragraphs (2) and (3), respectively.
(2) The term ``habitual repeat offender'' means an
individual with more than 3 State or Federal felony
convictions.
(3) The term ``violent criminal offender'' means an
individual with a conviction for a State or Federal felony
offense which--
(A) has as an element the use, attempted use, or
threatened use of physical force against the person of
another; or
(B) is burglary, arson, or extortion, involves the
use of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to
another.
(4) The term ``felony parole violator'' means an individual
who violates parole.
SEC. 119. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000,000 for each of
the fiscal years 1994 through 1998 to carry out the projects under this
title.
TITLE II--ENDING THE DOUBLE VICTIMIZATION OF SOCIETY
SEC. 201. PURPOSE.
The purpose of this title is to address the ``double
victimization'' of society by restricting taxpayer funds that support
individuals who make a career of committing criminal offenses against
society and requiring all able-bodied prisoners to repay society for
the expense of incarceration through prison work programs.
Subtitle A--Denial of Federal Benefits
SEC. 211. DENIAL OF FEDERAL BENEFITS TO THIRD-TIME FELONS.
Any individual who is convicted of 3 Federal or State felony
offenses shall be ineligible for any Federal benefits.
SEC. 212. CLEARINGHOUSE AND PUBLICATION.
(a) State and Federal Courts.--State and Federal courts shall send
information, as determined necessary by the Director of the Office of
Justice Assistance, regarding the conviction of third-time felons to
the Office of Justice Assistance in a timely manner.
(b) Justice Assistance.--The Office of Justice Assistance shall
maintain a computer listing of individuals convicted of a third Federal
or State felony offense and update such list in a timely manner.
(c) General Services Administration.--The Office of Justice
Assistance shall transfer the names of such individuals to the General
Services Administration for inclusion in the publication ``Lists of
Parties Excluded from Federal Procurement or Nonprocurement Programs''.
(d) Government Agencies.--Representatives of a Government agency
that is responsible for the distribution of a Federal benefit shall
consult such publication before granting such benefit.
SEC. 213. DEFINITIONS.
For purposes of this title, the term ``Federal benefit''--
(1) means the issuance of any grant, contract, loan,
professional license, commercial license, welfare, or public
housing provided by an agency of the United States or by
appropriated funds of the United States; and
(2) does not include a benefit for which payment or
services are required for eligibility.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subtitle.
SEC. 215. EFFECTIVE DATE.
The denial of Federal benefits set forth in this subtitle shall
take effect for convictions occurring after the date of the enactment
of this Act.
Subtitle B--Prison Work Programs
SEC. 221. FORMULA GRANT REDUCTION.
Section 506 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by adding at the end the following:
``(g) In order not to reduce the funds available under this subpart
by 25 percent (for redistribution to other participating States), a
State shall, on the first day of each fiscal year succeeding fiscal
year 1993 implement or continue a prison work fare program that
requires an inmate, who is physically able (as determined by the State
Director of Corrections), to work a portion of each day.''.
TITLE III--REPEAL OF SUPERVISED RELEASE PROGRAM
SEC. 301. ELIMINATION OF SUPERVISED RELEASE.
Section 3583 of title 18, United States Code, is repealed.
TITLE IV--DRUG PARAPHERNALIA TAX
SEC. 401. TAX ON SMOKING PARAPHERNALIA; DRUG USE PREVENTION TRUST FUND.
(a) Tax on Smoking Paraphernalia.--
(1) In general.--Section 5701 of the Internal Revenue Code
of 1986 (relating to rate of tax on cigars, cigarettes,
smokeless tobacco, pipe tobacco, and cigarette papers and
tubes) is amended by redesignating subsection (g) as subsection
(h) and by inserting after subsection (f) the following new
subsection:
``(g) Certain Smoking Paraphernalia.--On taxable smoking
paraphernalia manufactured in or imported into the United States, there
shall be imposed a tax equal to 100 percent of the price for which
sold.''.
(2) Determination of price.--Subsection (m) of section 5702
of such Code is amended--
(A) by striking ``on Cigars'' in the heading, and
(B) by striking ``section 5701(a)(2)'' and
inserting ``subsections (a)(2) and (g) of section
5701''.
(3) Taxable smoking paraphernalia.--Section 5702 of such
Code is amended by adding at the end thereof the following new
subsection:
``(o) Taxable Smoking Paraphernalia.--The term `taxable smoking
paraphernalia' means metal, plastic, or glass smoking pipes; water
pipes; smoking and carburetion masks; chamber pipes; carburetor pipes;
electric pipes; air-driven pipes; chillums; bongs; ice pipes or
chillers, and any other item that the Secretary determines is primarily
used for smoking any substance other than tobacco.''.
(b) Increase in Tax on Cigarette Papers.--Subsection (c) of section
5701 of such Code is amended by striking ``0.75 cent (0.625 cent on
cigarette papers removed during 1991 or 1992)'' and inserting ``2
cents''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to articles removed after the date of the enactment of this
Act.
TITLE V--FINANCING
Subtitle A--National Security
SEC. 501. SENSE OF CONGRESS ON INCREASED BURDEN SHARING BY ALLIES OF
THE UNITED STATES.
(a) Defense Cost-Sharing Agreements.--It is the sense of Congress
that the President should enter into negotiations with each foreign
nation referred to in subsection (b)(1) that is not excluded by
subsection (b)(2) to seek to conclude an agreement that provides for
such nation to pay at least 50 percent of the overseas basing costs
that are incurred for the stationing of members of the Armed Forces of
the United States and related civilian employees of the Department of
Defense in that nation as a result of the implementation of a bilateral
or multilateral defense agreement with that nation.
(b) Covered Foreign Nations.--(1) Except as provided in paragraph
(2), subsection (a) applies with respect to the following foreign
nations:
(A) Each member nation of the North Atlantic Treaty
Organization (other than the United States).
(B) Every other foreign nation with which the United States
has a bilateral or multilateral defense agreement that provides
for the assignment of combat units of the Armed Forces of the
United States to permanent duty ashore in that nation.
(2) Subsection (a) does not apply with respect to any foreign
nation--
(A) that receives assistance or financing under--
(i) section 23 of the Arms Export Control Act (22
U.S.C. 2763), relating to the foreign military
financing program; or
(ii) the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.);
(B) in which not more than 1,000 members of the Armed
Forces of the United States and related civilian employees of
the Department of Defense are assigned to permanent duty ashore
as a result of the implementation of a bilateral or
multilateral defense agreement; or
(C) that has agreed to assume, not later than January 1,
1995, at least 50 percent of the overseas basing costs of the
United States in that nation.
(c) Use of Funds for Paying Overseas Basing Costs.--(1) It is the
sense of Congress that funds should not be expended to pay more than
the allowable percent of the overseas basing costs that are incurred
during a fiscal year referred to in paragraph (2) for the stationing of
members of the Armed Forces of the United States and related civilian
employees of the Department of Defense in a nation referred to in
subsection (a) as a result of the implementation of a bilateral or
multilateral defense agreement with that nation.
(2) For purposes of paragraph (1), the allowable percent for a
fiscal year is as follows:
(A) For fiscal year 1995, 84 percent.
(B) For fiscal year 1996, 75 percent.
(C) For fiscal year 1997, 60 percent.
(D) For each fiscal year that begins after September 30,
1997, 50 percent.
(d) Overseas Basing Costs Defined.--In this section, the term
``overseas basing costs'' means all costs related to the operation of
installations in foreign countries at which forces of the Armed Forces
of the United States are based, as determined by the Secretary of
Defense using the methodology used in preparing the ``Fiscal Year 1994
Budget Estimate, Department of Defense'', dated April 1993, and the
``Report on Allied Contributions to the Common Defense'', dated May
1993. The term--
(1) includes, among other costs--
(A) pay for foreign nationals;
(B) costs of utilities;
(C) costs of local services;
(D) costs of military construction projects;
(E) costs of real property maintenance;
(F) costs of environmental restoration;
(G) leasing costs;
(H) taxes;
(I) user fees;
(J) tolls; and
(K) import duties;
(2) does not include--
(A) the rent value of land or facilities provided
to the United States by foreign nations covered by this
section in excess of amounts actually paid by such
nations to private owners of such land or facilities;
and
(B) revenue foregone by foreign nations covered by
this section in providing rent-free land or facilities
to the United States; and
(3) does not include the pay and allowances of members of
the Armed Forces of the United States and civilian employees of
the Department of Defense.
SEC. 502. STREAMLINING AND REORGANIZATION OF CORPS OF ENGINEERS.
The Secretary of the Army shall reorganize the United States Army
Corps of Engineers by reorganizing the headquarters offices, reducing
the number of division offices from 11 to not more than 6, and
restructuring the district functions so as to increase the efficiency
of the United States Army Corps of Engineers and reduce staff and
costs, to achieve at least $50,000,000 in net annual savings by fiscal
year 1998.
SEC. 503. RESCISSION OF CERTAIN DEFENSE ADD-ONS.
(a) Military Construction.--Of the funds made available under the
heading ``Military Construction, Army Reserve'' in the Military
Construction Appropriations Act, 1994 (Pub. L. 103-110), $15,000,000 is
rescinded, to be derived from the Georgia-Fort McPherson Command
Headquarters, Phase I, project.
(b) Defense Procurement.--Of the funds made available in the
Department of Defense Appropriations Act, 1994 (Pub. L. 103-139), the
following amounts are rescinded from the following accounts and
programs:
(1) ``Other Procurement, Army'', $15,000,000, to be derived
from common hardware and software.
(2) ``Other Procurement, Navy'', $30,000,000, to be derived
from spare and repair parts.
(3) ``Other Procurement, Navy'', $12,000,000, to be derived
from weapons range support equipment.
(4) ``Other Procurement, Army'', $10,000,000, to be derived
from tactical trailers/dolly sets.
(5) ``Shipbuilding and Conversion, Navy'', $50,000,000, to
be derived from advance procurement of LHD-7.
SEC. 504. RESCISSION OF FUNDS FOR MK-19 GRENADE LAUNCHER PROGRAM.
Of the funds made available under the heading ``Procurement of
Weapons and Tracked Combat Vehicles, Army'' in the Department of
Defense Appropriations Act, 1994 (Pub. L. 103-139), $15,000,000 is
rescinded, to be derived from the MK-19 automatic grenade launcher
program.
SEC. 505. TERMINATION OF C-26 AIRCRAFT PROGRAM.
The Secretary of Defense shall cancel the C-26 aircraft program.
Funds appropriated for the Department of Defense may not be obligated
after the date of the enactment of this Act for procurement of new
aircraft under that program other than for contract termination or
cancellation costs.
SEC. 506. TERMINATION OF MOBILE IN-SHORE UNDERSEA WARFARE VANS PROGRAM.
The Secretary of Defense shall cancel the Mobile In-Shore Undersea
Warfare Vans program. Funds appropriated for the Department of Defense
may not be obligated after the date of the enactment of this Act for
procurement under that program other than for contract termination or
cancellation costs.
SEC. 507. RESCISSION OF CERTAIN DEFENSE OPERATION AND MAINTENANCE
FUNDS.
Of the funds made available in the Department of Defense
Appropriations Act, 1994 (Pub. L. 103-139), the following amounts are
rescinded from the following accounts:
(1) ``Operation and Maintenance, Army'', $88,020,000 to be
derived from general reduction DBOF, and $15,180,000 to be
derived from inventories.
(2) ``Operation and Maintenance, Navy'', $109,270,000 to be
derived from general reduction DBOF, and $27,555,000 to be
derived from inventories.
(3) ``Operation and Maintenance, Air Force'', $94,140,000
to be derived from general reduction DBOF, and $12,265,000 to
be derived from inventories.
SEC. 508. REDUCTION IN PUBLIC LAW 480 FOOD FOR PEACE PROGRAM.
(a) In General.--Section 103 of title I of the Agricultural Trade
Development and Assistance Act of 1954 is amended by adding at the end
the following:
``(f) Modification of Terms and Conditions During Certain Years.--
The Secretary shall set the terms and conditions of agreements entered
into under this title after the date of the enactment of this
subsection so that--
``(1) the length of the loan does not exceed 20 years;
``(2) the length of the grace period does not exceed 5
years;
``(3) the interest rate during the grace period is not less
than 3 percent; and
``(4) the interest rate during the payback period is not
less than 5 percent.''.
(b) Rescission of Funds.--Of the funds made available under the
heading ``Public Law 480 Program Account'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-111)--
(1) $69,378,000 is rescinded from the amounts provided for
programs under title I of the Agricultural Trade Development
and Assistance Act of 1954 and the Food for Progress Act of
1985; and
(2) $56,017,000 is rescinded from the amount provided for
commodities supplied in connection with dispositions abroad
pursuant to title III of the Agricultural Trade Development and
Assistance Act of 1954.
SEC. 509. RESCISSION OF FUNDS FOR WORLD BANK.
Of the funds made available under the heading ``Contribution to the
International Bank for Reconstruction and Development'' in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1994 (Pub. L. 103-87)--
(1) $27,910,500 provided for paid-in capital is rescinded;
and
(2) $902,439,500 provided for callable capital is
rescinded.
SEC. 510. REDUCTION IN FUNDING FOR INTERNATIONAL DEVELOPMENT
ASSOCIATION.
(a) In General.--Section 526 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1994 (Public Law
103-87) is amended by inserting before the period at the end ``, of
which not more than $957,142,857 shall be available for fiscal year
1994, and not more than $957,142,857 shall be available for fiscal year
1995''.
(b) Rescission of Funds.--Of the funds made available under the
heading ``Contribution to the International Development Association''
in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1994 (Pub. L. 103-87), $67,189,143 is rescinded.
SEC. 511. RESCISSION OF FUNDS FOR FOREIGN MILITARY FINANCING.
Of the funds made available under the heading ``Foreign Military
Financing Program'' in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1994 (Pub. L. 103-87), $25,721,000
is rescinded, to be derived from grants.
SEC. 512. RESCISSION OF FUNDS FOR AGENCY FOR INTERNATIONAL DEVELOPMENT,
DEPARTMENT OF STATE, AND UNITED STATES INFORMATION
AGENCY.
(a) AID.--Of the funds made available under the heading ``Agency
for International Development--Development Assistance Fund'' in
appropriations Acts for fiscal year 1994 and prior fiscal years to
carry out the provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961, $160,000,000 is rescinded.
(b) Department of State.--Of the funds made available under the
heading ``Department of State--Administration of Foreign Affairs--
Diplomatic and Consular Programs'' in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-121), $600,000 is rescinded.
(c) USIA.--
(1) Salaries and expenses.--Of the funds made available
under the heading ``United States Information Agency--Salaries
and Expenses'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
1994 (Pub. L. 103-121), $3,000,000 is rescinded.
(2) North/south center.--Of the funds made available under
the heading ``United States Information Agency--North/South
Center'' in the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1994
(Pub. L. 103-121), $8,700,000 is rescinded.
Subtitle B--Physical Capital, Natural Resources, and Science
SEC. 521. TERMINATION OF SPACELIFTER PROGRAM.
(a) In General.--The United States shall not obligate any funds for
the acquisition or operation of any space launch system not in
operation as of the date of enactment of this Act.
(b) Rescission of Funds.--Of the funds made available under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'' in
the Department of Defense Appropriations Act, 1994 (Pub. L. 103-139),
$10,000,000 is rescinded, to be derived from the new medium lift
vehicle (Spacelifter) program.
SEC. 522. DEPARTMENT OF SCIENCE, SPACE, ENERGY AND TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Department of
Science, Space, Energy, and Technology Organization Act of 1993''.
(b) General Provisions.--
(1) Findings.--The Congress finds that--
(A) the advancement of science and technology is a
vital national goal which is essential for the
continued economic well being of the United States;
(B) the creation of new scientific information and
technological development are generators of new wealth
and jobs;
(C) consolidation of the Federal agencies which
conduct and support science and technology activities
will focus the resources of the Federal Government and
will lead to better coordination of the overall effort
of those agencies to carry out the research and
development objectives of the United States;
(D) the elimination of duplication of functions
within the scientific and technical agencies of the
Federal Government will lead to cost savings for the
Government; and
(E) the creation of the Department of Science,
Space, Energy, and Technology will increase the
dissemination of technology through the improved
coordination of technology transfer from the Federal
Government to the private sector.
(2) Definitions.--As used in this section, unless otherwise
provided or indicated by the context--
(A) the term ``Department'' means the Department of
Science, Space, Energy, and Technology;
(B) the term ``Secretary'' means the Secretary of
Science, Space, Energy, and Technology;
(C) the term ``Deputy Secretary'' means the Deputy
Secretary of Science, Space, Energy, and Technology;
(D) the term ``function'' includes any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program; and
(E) the term ``office'' includes any office,
institute, council, unit, or organizational entity, or
any component thereof.
(c) Establishment of the Department.--
(1) Establishment.--There is authorized an executive
department to be known as the Department of Science, Space,
Energy, and Technology. The Department shall be administered,
in accordance with the provisions of this section, under the
supervision and direction of a Secretary of Science, Space,
Energy, and Technology. The Secretary shall be appointed by the
President, by and with the advice and consent of the Senate.
The Secretary shall receive basic pay at the rate payable for
level I of the Executive Schedule under section 5312 of title
5, United States Code.
(2) Principal officers.--
(A) Deputy secretary.--(i) There shall be in the
Department a Deputy Secretary of Science, Space,
Energy, and Technology who shall be appointed by the
President, by and with the advice and consent of the
Senate. During the absence or disability of the
Secretary, or in the event of a vacancy in the office
of the Secretary, the Deputy Secretary shall act as
Secretary. The Secretary shall designate the order in
which other officials of the Department shall act for
and perform the functions of the Secretary during the
absence or disability of both the Secretary and Deputy
Secretary or in the event of vacancies in both of those
offices. The Deputy Secretary shall receive basic pay
at the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United States
Code.
(ii) The Deputy Secretary shall perform such other
duties and exercise such powers as the Secretary may
from time to time prescribe.
(B) Under secretaries.--(i) There shall be in the
Department--
(I) an Under Secretary of Research who
shall, on the transfer of functions and offices
under subsection (d), serve as the Director of
the National Science Foundation;
(II) an Under Secretary of Technology who
shall, on the transfer of functions and offices
under subsection (d), serve as the
Administrator of the National Institute of
Standards and Technology, the National
Technical Information Service, the National
Telecommunications and Information
Administration, and the Patent and Trademark
Office;
(III) an Under Secretary of Energy who
shall, on the transfer of functions and offices
under subsection (d), serve as the
Administrator of the National Energy
Administration;
(IV) an Under Secretary of Space who shall,
on the transfer of functions and offices under
subsection (d), serve as the Administrator of
the National Aeronautics and Space
Administration; and
(V) an Under Secretary of Oceanic and
Atmospheric Affairs who shall, on the transfer
of functions and offices under subsection (d),
serve as the Administrator of the National
Oceanic and Atmospheric Administration.
(ii) Each of the Under Secretaries shall be
appointed by the President, by and with the advice and
consent of the Senate. The Under Secretaries shall
receive basic pay at the rate payable for level III of
the Executive Schedule under section 5314 of title 5,
United States Code.
(C) Assistant secretaries.--(i) There shall be as
many as 20 Assistant Secretaries in the Department.
Among the Assistant Secretaries shall be--
(I) an Assistant Secretary for
Administration who shall serve as the Chief
Financial Officer of the Department;
(II) an Assistant Secretary for Policy and
Budget;
(III) an Assistant Secretary for
Congressional and Intergovernmental Affairs;
(IV) an Assistant Secretary for Technology
Transfer and Commercial Programs; and
(V) an Assistant Secretary for
International Programs.
(ii) Each of the Assistant Secretaries shall be
appointed by the President, by and with the advice and
consent of the Senate. The Assistant Secretaries shall
receive basic pay at the rate payable for level IV of
the Executive Schedule under section 5315 of title 5,
United States Code.
(D) General counsel.--There shall be in the
Department a General Counsel who shall administer the
Office of General Counsel. The General Counsel shall be
appointed by the President, by and with the advice and
consent of the Senate. The General Counsel shall
receive basic pay at the rate payable for level IV of
the Executive Schedule under section 5315 of title 5,
United States Code.
(E) Inspector general.--There shall be in the
Department an Inspector General appointed in accordance
with the Inspector General Act of 1978. The Inspector
General shall receive basic pay at the rate payable for
level IV of the Executive Schedule under section 5315
of title 5, United States Code.
(F) Additional officers.--In addition to the
officers specified in subparagraphs (A) through (E) and
the 24 members of the Board of Directors of the
National Science Foundation, there shall be in the
Department not more than 10 additional officers who
shall be appointed by the President, by and with the
advice and consent of the Senate. The officers
appointed under this subparagraph shall perform such
functions as the Secretary shall prescribe.
(G) Specification of functions.--Whenever the
President submits the name of an individual to the
Senate for confirmation as an officer of the Department
under this paragraph, the President shall state the
particular functions of the Department such individual
will exercise upon taking office, consistent with the
requirements of this section.
(H) Line of authority; additional functions.--Each
officer of the Department referred to in subparagraphs
(A) through (F) shall report directly to the Secretary
and shall, in addition to any functions vested in or
required to be delegated to such officer, perform such
additional functions as the Secretary may prescribe.
(d) Transfers of Functions and Offices.--
(1) Transfer of the national aeronautics and space
administration.--There is transferred to the Department the
National Aeronautics and Space Administration, along with all
of its functions and offices.
(2) Transfer of the national institute of standards and
technology.--There is transferred to the Department the
National Institute of Standards and Technology, along with all
of its functions and offices.
(3) Transfer of the national science foundation.--There is
transferred to the Department the National Science Foundation,
along with all of its functions and offices.
(4) Transfer of the national oceanic and atmospheric
administration.--There is transferred to the Department the
National Oceanic and Atmospheric Administration, along with all
of its functions and offices.
(5) Transfer of the national technical information
service.--There is transferred to the Department the National
Technical Information Service, along with all of its functions
and offices.
(6) Transfer of the patent and trademark office.--There is
transferred to the Department the Patent and Trademark Office,
along with all of its functions and offices.
(7) Transfer of the department of energy.--There is
transferred to the Department the Department of Energy, which
shall be renamed the National Energy Administration, along with
all of its functions and offices, except for the following
facilities, which shall be transferred to the Department of
Defense:
(A) The Feed Materials Production Center at
Fernald, Ohio.
(B) The Extrusion Plant at Ashtabula, Ohio.
(C) The Savannah River Plant, including the
Savannah River Weapons Facility, at Aiken, South
Carolina.
(D) The Hanford Production Operations at Richland,
Washington.
(E) The Nevada Test Site.
(F) The Kansas City Plant at Kansas City, Missouri.
(G) The Rocky Flats Plant located between Golden
and Boulder, Colorado.
(H) The Pantex Plant located near Amarillo, Texas.
(I) The Pinellas Plant at St. Petersburg, Florida.
(J) The Mound Facility at Miamisburg, Ohio.
(K) The Y-12 Plant at Oak Ridge, Tennessee.
(8) Transfer of the national telecommunications and
information administration.--There is transferred to the
Department the National Telecommunications and Information
Administration, along with all of its functions and offices.
(9) Effective date.--This subsection shall take effect--
(A) 180 days after the first Secretary takes office
under subsection (c)(1); or
(B) on any date earlier than the date described in
subparagraph (A), but later than September 30, 1994,
that the President designates through publication in
the Federal Register.
(e) Administrative Provisions.--
(1) Personnel provisions.--
(A) Officers and employees.--
(i) General authority.--The Secretary is
authorized to appoint and fix the compensation
of such officers and employees as may be
necessary to carry out the functions of the
Secretary and the Department. Except as
otherwise provided by law, such officers and
employees shall be appointed in accordance with
the civil service laws and their compensation
fixed in accordance with title 5 of the United
States Code.
(ii) Temporary super grade and technical
positions.--(I)(aa) At the request of the
Secretary, the Director of the Office of
Personnel Management shall, under section 5108
of title 5, United States Code, provide for the
establishment in each of the grade levels GS-
16, GS-17, and GS-18 of a number of positions
in the Department equal to the number of
positions in that grade level which were used
primarily for the performance of functions and
offices transferred under subsection (d) and
which were assigned and filled on the day
before such transfer.
(bb) Appointments to positions provided for
under this subclause may be made without regard
to the provisions of section 3324 of title 5,
United States Code, if the individual appointed
in such position is an individual who is
transferred in connection with the transfer of
functions and offices under subsection (d) and,
on the day before such transfer, holds a
position and has duties comparable to those of
the position to which appointed hereunder.
(II) At the request of the Secretary, the
Director of the Office of Personnel Management
shall, under section 3104 of title 5, United
States Code, provide for the establishment in
the Department of a number of scientific and
professional positions outside of the General
Schedule equal to the number of such positions
which were used primarily for the performance
of functions and offices transferred under
subsection (d) and which were assigned and
filled on the day before such transfer.
(III) The authority under this clause with
respect to any position shall terminate when
the person first appointed to fill such
position ceases to hold such position.
(IV) For purposes of section 414(a)(3)(A)
of the Civil Service Reform Act of 1978, an
individual appointed under this clause shall be
deemed to occupy the same position as the
individual occupied on the day before the
transfer of functions and offices under
subsection (d).
(iii) Transitional senior executive service
positions.--Notwithstanding any other provision
of law, the Director of the Office of Personnel
Management shall establish positions within the
Senior Executive Service for 5 limited-term
appointees. The Secretary shall appoint
individuals to such positions as provided by
section 3394 of title 5, United States Code.
Such positions shall expire on the later of 3
years after the date of the transfer of
functions and offices under subsection (d) or 3
years after the initial appointment to each
position. Positions in effect under this clause
shall be taken into account in applying the
limitation on positions prescribed under
section 3134(e) and section 5108 of such title.
(B) Experts and consultants.--The Secretary may as
provided in appropriation Acts obtain the services of
experts and consultants in accordance with the
provisions of section 3109 of title 5, United States
Code, and may compensate such experts and consultants
at rates not to exceed the daily rate prescribed for
GS-18 of the General Schedule under subchapter III of
chapter 53 of such title.
(C) Personnel reduction.--
(i) Full-time employee limitations.--Not
later than the end of the first fiscal year
beginning after the date of the transfer of
functions and offices under subsection (d), the
number of full-time equivalent personnel
positions available for performing functions
transferred to the Secretary or the Department
under such subsection shall be reduced by not
less than 350.
(ii) Computations.--Computations required
to be made for purposes of this subparagraph
shall be made on the basis of all personnel
employed by the Department, including experts
and consultants employed under section 3109 of
title 5, United States Code, and all other
part-time and full-time personnel employed to
perform functions of the Secretary or the
Department, except personnel employed under
special programs for students and disadvantaged
youth (including temporary summer employment).
(iii) Report to congress.--The Director of
the Office of Personnel Management shall, as
soon as practicable, but not later than one
year after the date of the transfer of
functions and offices under subsection (d),
prepare and transmit to the Congress a report
on the effects on employees of the
reorganization under this section, which shall
include--
(I) an identification of any
position within the Department or
elsewhere in the executive branch,
which it considers unnecessary due to
consolidation of functions under this
section;
(II) a statement of the number of
employees entitled to grade or pay
retention under subchapter VI of
chapter 53 of title 5, United States
Code, by reason of the reorganization
under this section;
(III) a statement of the number of
employees who are voluntarily or
involuntarily separated by reason of
such reorganization;
(IV) an estimate of the personnel
costs associated with such
reorganization;
(V) the effects of such
reorganization on labor management
relations; and
(VI) such legislative and
administrative recommendations for
improvements in personnel management
within the Department as the Director
considers necessary.
(2) General administrative provisions.--
(A) General authority.--In carrying out any
function transferred by this section, the Secretary, or
any officer or employee of the Department, may exercise
any authority available by law with respect to such
function to the official or agency from which such
function is transferred, and the actions of the
Secretary in exercising such authority shall have the
same force and effect as when exercised by such
official or agency.
(B) Delegation.--Except as otherwise provided in
this section, the Secretary may delegate any function
to such officers and employees of the Department as the
Secretary may designate, and may authorize such
successive redelegations of such functions within the
Department as may be necessary or appropriate. No
delegation of functions by the Secretary under this
subparagraph or under any other provision of this
section shall relieve the Secretary of responsibility
for the administration of such functions.
(C) Reorganization.--
(i) Authority of secretary.--Except as
provided in clause (ii), the Secretary is
authorized to allocate or reallocate functions
among the officers of the Department, and to
establish, consolidate, alter, or abolish such
offices or positions within the Department as
may be necessary or appropriate.
(ii) Authority with respect to statutory
entities.--The Secretary may not--
(I) abolish any office or position
transferred to the Department and
established by statute, or any function
vested by statute in such an office or
an officer of such an office;
(II) abolish any office or position
established by this section; or
(III) alter the delegation of
functions to any specific office or
position required by this section,
unless a period of 90 days has passed after the
receipt by the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Science, Space, and Technology of
the House of Representatives of notice given by
the Secretary containing a full and complete
statement of the action proposed to be taken
pursuant to this clause and the facts and
circumstances relied upon in support of such
proposed action.
(D) Regulations.--The Secretary is authorized to
prescribe such rules and regulations as the Secretary
determines necessary or appropriate to administer and
manage the functions of the Secretary or the
Department, in accordance with chapter 5 of title 5,
United States Code.
(E) Contracts.--
(i) In general.--Subject to the Federal
Property and Administrative Services Act of
1949 and other applicable Federal law, the
Secretary is authorized to make, enter into,
and perform such contracts, grants, leases,
cooperative agreements, and other similar
transactions with Federal or other public
agencies (including State and local
governments) and private organizations and
persons, and to make such payments, by way of
advance or reimbursement, as the Secretary may
determine necessary or appropriate to carry out
functions of the Secretary or the Department.
(ii) Appropriation authority required.--No
authority to enter into contracts or to make
payments under this section shall be effective
except to such extent or in such amounts as are
provided in advance under appropriation Acts.
This subsection shall not apply with respect to
the authority granted under subparagraph (J).
(F) Regional and field offices.--The Secretary is
authorized to establish, alter, discontinue, or
maintain such regional or other field offices as the
Secretary may find necessary or appropriate to perform
functions of the Secretary or the Department.
(G) Acquisition and maintenance of property.--
(i) Authority of secretary.--To the extent
necessary to carry out functions under this and
any other Act, the Secretary is authorized to
provide appropriate facilities and services
necessary for carrying out such functions or
necessary for the health and welfare of the
Department's employees, including--
(I) to acquire (by purchase, lease,
condemnation, contract, or otherwise),
construct, improve, repair, operate,
maintain, and provide transportation
to--
(aa) schools and related
facilities;
(bb) laboratories;
(cc) research and testing
sites and facilities;
(dd) quarters and related
accommodations, including
eating facilities, for
employees and dependents of
employees of the Department;
and
(ee) personal property
(including patents), or any
interest therein; and
(II) to provide reimbursement for
food, clothing, medicine, and other
supplies furnished by such employees in
emergencies for the temporary relief of
distressed persons.
(ii) Limitation.--The authority granted by
clause (i) shall be available only with respect
to facilities of a special purpose nature or at
a remote location that cannot readily be
reassigned from similar Federal activities and
are not otherwise available for assignment to
the Department by the Administrator of General
Services.
(H) Use of facilities.--
(i) Authority to use.--With their consent,
the Secretary may, with or without
reimbursement, use the research, equipment,
services, and facilities of any agency or
instrumentality of the United States, of any
State or political subdivision thereof, or of
any foreign government, in carrying out any
function of the Secretary or the Department.
(ii) Authority to permit use.--The
Secretary is authorized to permit public and
private agencies, corporations, associations,
organizations, or individuals to use any real
property, or any facilities, structures, or
other improvements thereon, under the custody
and control of the Secretary for Department
purposes. The Secretary shall permit the use of
such property, facilities, structures, or
improvements under such terms and rates and for
such period as may be in the public interest,
except that the periods of such uses may not
exceed 5 years. The Secretary may require
permittees under this subparagraph to
recondition and maintain, at their own expense,
the real property, facilities, structures, and
improvements used by such permittees to a
standard satisfactory to the Secretary. This
clause shall not apply to excess property as
defined in section 3(e) of the Federal Property
and Administrative Services Act of 1949.
(iii) Crediting of reimbursements.--
Proceeds from reimbursements under this
subparagraph shall be deposited in a separate
fund which shall be available to the Secretary
without appropriation or fiscal year
limitation, for carrying out the functions of
the Secretary under this or any other Act.
(iv) Interests in real property.--Any
interest in real property acquired pursuant to
this section shall be acquired in the name of
the United States Government.
(I) Copyrights and patents.--
(i) Acquisition of rights.--The Secretary
is authorized to acquire any of the following
described rights if the rights acquired thereby
are for use by or for, or useful to, the
Department:
(I) Copyrights, patents, designs,
processes, and manufacturing data.
(II) Licenses in connection with
copyrights and patents.
(III) Releases for past
infringement of patents or copyrights.
(ii) Disposition.--Notwithstanding clause
(i), the disposition of all copyrights and
patents and other intellectual property owned
or developed for the Department shall be
governed by chapter 18 of title 35, United
States Code (commonly referred to as the Bayh-
Dole Act), section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710(a)), the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2451 et seq.), or the
National Competitiveness Technology Transfer
Act of 1989, as appropriate.
(J) Gifts and bequests.--The Secretary is
authorized to accept, hold, administer, and utilize
gifts, bequests, and devises of property, both real and
personal, for the purpose of aiding or facilitating the
work of the Department. Gifts, bequests, and devises of
money, and proceeds from sales of other property
received as gifts, bequests, or devises, shall be
deposited in the Treasury and shall be available for
disbursement upon the order of the Secretary.
(K) Technical advice.--
(i) Authority to provide.--The Secretary is
authorized, upon request, to provide advice,
counsel, and technical assistance to applicants
or potential applicants for grants and
contracts and other interested persons with
respect to any functions of the Secretary or
the Department.
(ii) Consolidation of Applications.--The
Secretary may permit the consolidation of
applications for grants or contracts with
respect to two or more functions of the
Secretary or the Department, but such
consolidation shall not alter the statutory
criteria for approval of applications for
funding with respect to such functions.
(L) Working capital fund.--
(i) Establishment and use.--The Secretary,
with the approval of the Director of the Office
of Management and Budget, is authorized to
establish for the Department a working capital
fund (in this subparagraph referred to as the
``fund''), to be available without fiscal year
limitation, for expenses necessary for the
maintenance and operation of an administrative
services office to provide such common
administrative services as the Secretary shall
find to be desirable in the interests of
economy and efficiency, including such services
as--
(I) a central supply service for
stationery and other supplies and
equipment for which adequate stocks may
be maintained to meet in whole or in
part the requirements of the Department
and its offices;
(II) central messenger, mail,
telephone, and other communications
services;
(III) office space, and central
services for document reproduction, for
graphics, and for visual aids; and
(IV) a central library service.
(ii) Operation of fund.--The capital of the
fund shall consist of any appropriations made
for the purpose of providing working capital
and the fair and reasonable value of such
stocks of supplies, equipment, and other assets
and inventories on order as the Secretary may
transfer to the administrative services office,
less the related liabilities and unpaid
obligations. There shall be transferred to the
administrative services office the stocks of
supplies, equipment, other assets, liabilities,
and unpaid obligations relating to the services
which the Secretary determines, with the
approval of the Director of the Office of
Management and Budget, will be performed.
Administrative supplies and services provided
by such office shall be paid for in advance
from available funds of agencies and offices in
the Department, or from other sources, at rates
that will approximate the expense of operation.
The fund shall also be credited with receipts
from sale or exchange of property and receipts
in payment for loss or damage to property.
(M) Funds transfer.--The Secretary may, when
authorized in an appropriation Act for any fiscal year,
transfer funds from one appropriation to another within
the Department, except that no appropriations for any
fiscal year shall be either increased or decreased
pursuant to this subparagraph by more than 10 percent
and no such transfer shall result in increasing any
such appropriation above the amount authorized to be
appropriated therefor.
(N) Seal of department.--The Secretary shall cause
a seal of office to be made for the Department of such
design as the Secretary shall approve. Judicial notice
shall be taken of such seal.
(O) Annual report.--
(i) In general.--The Secretary shall, as
soon as practicable after the close of each
fiscal year, make a single, comprehensive
report to the President for transmission to the
Congress on the activities of the Department
during such fiscal year.
(ii) Contracting-out report.--The report
required by clause (i) shall also include an
estimate of the extent of the non-Federal
personnel employed pursuant to contracts
entered into by the Department under
subparagraph (E) or under any other authority
(including any subcontract thereunder), the
number of such contracts and subcontracts
pursuant to which non-Federal personnel are
employed, and the total cost of those contracts
and subcontracts.
(f) Transitional, Savings, and Conforming Provisions.--
(1) Transfer and allocation of appropriations and
personnel.--
(A) Transfer to secretary.--Except as otherwise
provided in this section, the personnel employed in
connection with, and the assets, liabilities,
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other
funds employed, held, used, arising from, available to,
or to be made available in connection with, the
functions and offices, or portions thereof, transferred
by this section, subject to section 1531 of title 31,
United States Code, shall be transferred to the
Secretary for appropriate allocation. Unexpended funds
transferred pursuant to this subparagraph shall be used
only for the purposes for which the funds were
originally authorized and appropriated.
(B) Effect of terminations.--Positions expressly
specified by statute or reorganization plan to carry
out functions or offices transferred by this section,
personnel occupying those positions on the date of such
transfer, and personnel authorized to receive
compensation in such positions at the rate prescribed
for offices and positions at level IV or V of the
Executive Schedule under section 5315 or 5316 of title
5, United States Code, on the date of such transfer,
shall be subject to paragraph (3) of this subsection.
(2) Effect on personnel.--
(A) Preservation of grade and compensation for 1
year.--Except as otherwise provided in this section,
the transfer pursuant to this section of full-time
personnel (except special Government employees) and
part-time personnel holding permanent positions shall
not cause any such employee to be separated or reduced
in grade or compensation for 1 year after the date of
transfer to the Department.
(B) Preservation of compensation for executive
schedule appointees.--Any person who, on the day
preceding the date of the transfer of functions and
offices under subsection (d), held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is appointed
in the Department to a position having duties
comparable to the duties performed immediately
preceding such appointment shall continue to be
compensated in the new position at not less than the
rate provided for the previous position, for the
duration of the service of such person in the new
position.
(3) Agency terminations.--
(A) Terminations.--On the date of the transfer of
functions and offices under subsection (d), the
following entities shall terminate:
(i) The Office of the Secretary of
Commerce.
(ii) The Office of the Deputy Secretary of
Commerce.
(iii) The Office of the General Counsel of
the Department of Commerce.
(iv) The Office of the Secretary of Energy.
(v) The Office of Deputy Secretary of
Energy.
(vi) The Office of the Under Secretary of
Commerce for Technology.
(vii) The Office of the Assistant Secretary
of Commerce for Technology Policy.
(viii) The Office of Science and Technology
Policy in the Executive Office of the
President.
(B) Termination of executive schedule positions.--
Each position which was expressly authorized by law, or
the incumbent of which was authorized to receive
compensation at the rate prescribed for levels I
through V of the Executive Schedule under sections 5312
through 5315 of title 5, United States Code, in an
office terminated pursuant to this section shall also
terminate.
(4) Additional transfers.--
(A) In general.--The Director of the Office of
Management and Budget, in conjunction with the
Secretary, shall make such determinations as may be
necessary with regard to the functions, offices, or
portions thereof transferred by this section, and make
such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held,
used, arising from, available to, or to be made
available in connection with such functions, offices,
or portions thereof, as may be necessary to carry out
this section. The Director shall provide for the
termination of the affairs of all entities terminated
by this section and, in conjunction with the Secretary,
for such further measures and dispositions as may be
necessary to effectuate the purposes of this section.
(B) Allocation of ses positions.--After
consultation with the Director of the Office of
Personnel Management, the Director of the Office of
Management and Budget is authorized to make such
determinations as may be necessary with regard to the
transfer of positions within the Senior Executive
Service in connection with functions and offices
transferred by this section.
(C) Miscellaneous functions.--(i) The Economics and
Statistics Administration, including the Bureau of
Census and the Bureau of Economic Analysis, and the
Bureau of Export Administration shall be transferred to
the Department of the Treasury.
(ii) The Economic Development Administration shall
be transferred to the Department of Housing and Urban
Development.
(iii) The International Trade Administration and
the United States Travel and Tourism Administration
shall be transferred to the Office of the United States
Trade Representative.
(iv) The Minority Business Development
Administration shall be transferred to the Small
Business Administration.
(5) Savings provisions.--
(A) Continuity of legal force and effect.--All
orders, determinations, rules, regulations, permits,
grants, contracts, certificates, licenses, and
privileges--
(i) which have been issued, made, granted,
or allowed to become effective by the
President, by any Federal department or agency
or official thereof, or by a court of competent
jurisdiction, in the performance of functions
which are transferred under this section to the
Secretary or the Department; and
(ii) which are in effect at the time of
such transfer,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
by the President, the Secretary, or the authorized
official, a court of competent jurisdiction, or by
operation of law.
(B) Pending proceedings.--(i) This section shall
not affect any proceedings, including notices of
proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance
pending on the date of the transfer of functions and
offices under subsection (d) before any department,
agency, commission, or component thereof, functions of
which are transferred by this section. Such proceedings
and applications, to the extent that they relate to
functions so transferred, shall be continued, except as
provided in clause (iii).
(ii) Orders may be issued in such proceedings,
appeals may be taken therefrom, and payments may be
made pursuant to such orders, as if this section had
not been enacted. Orders issued in any such proceedings
shall continue in effect until modified, terminated,
superseded, or revoked by the Secretary, by a court of
competent jurisdiction, or by operation of law.
(iii) Nothing in this subparagraph shall be
considered to prohibit the discontinuance or
modification of any such proceeding under the same
terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if
this section had not been enacted.
(iv) The Secretary is authorized to promulgate
regulations providing for the orderly transfer of
proceedings continued under this subparagraph to the
Department.
(C) No effect on judicial proceedings.--Except as
provided in subparagraph (E)--
(i) the transfer of functions and offices
under subsection (d) shall not affect suits
commenced prior to the date of such transfer;
and
(ii) in all such suits, proceedings shall
be had, appeals taken, and judgments rendered
in the same manner and effect as if this
section had not been enacted.
(D) Nonabatement of proceedings.--No suit, action,
or other proceeding commenced by or against any officer
in the official capacity of such individual as an
officer of any department or agency, functions of which
are transferred by this section, shall abate by reason
of the enactment of this section. No cause of action by
or against any department or agency, functions of which
are transferred by this section, or by or against any
officer thereof in the official capacity of such
officer shall abate by reason of the enactment of this
section.
(E) Continuation of proceeding with substitution of
parties.--If, before the date of the transfer of
functions and offices under subsection (d), any
department or agency, or officer thereof in the
official capacity of such officer, is a party to a
suit, and under this section any function of such
department, agency, or officer is transferred to the
Secretary or any other official of the Department, then
such suit shall be continued with the Secretary or
other appropriate official of the Department
substituted or added as a party.
(F) Reviewability of orders and actions under
transferred functions.--Orders and actions of the
Secretary in the exercise of functions transferred
under this section shall be subject to judicial review
to the same extent and in the same manner as if such
orders and actions had been by the agency or office, or
part thereof, exercising such functions immediately
preceding their transfer. Any statutory requirements
relating to notice, hearings, action upon the record,
or administrative review that apply to any function
transferred by this section shall apply to the exercise
of such function by the Secretary.
(6) Reference.--With respect to any function transferred by
this section and exercised on or after the date of such
transfer, reference in any other Federal law to any department,
commission, or agency or any officer or office the functions of
which so transferred shall be deemed to refer to the Secretary,
other official, or component of the Department to which this
section transfers such functions.
(7) Amendments.--
(A) Department of energy organization act.--
Sections 201 through 203 of the Department of Energy
Organization Act (42 U.S.C. 7131-7133) are repealed.
(B) Inspector general act of 1978.--The Inspector
General Act of 1978 is amended--
(i) in section 8E(a)(2), by striking ``the
National Science Foundation,'';
(ii) in section 8E(a)(4), by striking ``,
except that with respect to the National
Science Foundation, such term means the
National Science Board'';
(iii) in section 11(1)--
(I) by striking ``Commerce,'';
(II) by striking ``Energy,'';
(III) by inserting ``Science,
Space, Energy, and Technology,'' after
``the Interior, Labor,''; and
(IV) by striking ``National
Aeronautics and Space,''; and
(iv) in section 11(2)--
(I) by striking ``Commerce,'';
(II) by striking ``Energy,'';
(III) by inserting ``Science,
Space, Energy, and Technology,'' after
``Justice, Labor,''; and
(IV) by striking ``the National
Aeronautics and Space
Administration,''.
(C) National aeronautics and space act of 1958.--
Section 207 of the National Aeronautics and Space Act
of 1958 (42 U.S.C. 2476a) is repealed.
(8) Transition.--
(A) Use of funds.--Funds available to any
department or agency (or any official or component
thereof), the functions or offices of which are
transferred to the Secretary or the Department by this
section, may, with the approval of the Director of the
Office of Management and Budget, be used to pay the
compensation and expenses of any officer appointed
pursuant to this section and other transitional and
planning expenses associated with the establishment of
the Department or transfer of functions or offices
thereto until such time as funds for such purposes are
otherwise available.
(B) Use of personnel.--With the consent of the
appropriate department or agency head concerned, the
Secretary is authorized to utilize the services of such
officers, employees, and other personnel of the
departments and agencies from which functions or
offices have been transferred to the Secretary or the
Department, for such period of time as may reasonably
be needed to facilitate the orderly implementation of
this section.
(9) Interim appointments.--
(A) Authority to appoint.--Notwithstanding any
other provision of law, in the event that one or more
officers required by this section to be appointed by
and with the advice and consent of the Senate shall not
have entered upon office on the date of the transfer of
functions and offices under subsection (d), the
President may designate an officer in the executive
branch to act in such office for 120 days or until the
office is filled as provided in this section, whichever
occurs first.
(B) Compensation.--Any officer acting in an office
in the Department pursuant to the provisions of
subparagraph (A) shall receive compensation at the rate
prescribed for such office under this section.
(g) Relation to Other Provisions.--
(1) Modifications in authority.--If any other section of
this Act increases, restricts, or otherwise modifies any
authority (including the authority to assess or collect fees)
with respect to any function or office, or portion thereof,
transferred by this section, the authority transferred by this
section shall be the authority as so modified.
(2) Rescissions.--If any other section of this Act rescinds
funds that are to be transferred pursuant to this section, such
rescission shall be made prior to such transfer.
SEC. 523. ELIMINATION OF FUNDING FOR MAGLEV PROTOTYPE DEVELOPMENT
PROGRAM.
(a) In General.--Section 1036(d) of the Intermodal Surface
Transportation Efficiency Act of 1991 (49 U.S.C. 309 note; 105 Stat.
1986) is amended--
(1) in paragraph (1) by striking ``the following'' and all
that follows through ``demonstration program.--For'' and
inserting ``for''; and
(2) in paragraph (2) by striking subparagraph (A) and by
redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively.
(b) Rescission of Funds.--Of the funds made available under the
heading ``Federal Railroad Administration--Railroad Research and
Development'' in the Department of Transportation and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-122), $20,000,000 is rescinded,
to be derived from magnetic levitation research and analysis
activities.
SEC. 524. RESCISSION OF FUNDS FOR FEDERALLY SPONSORED UNIVERSITY
RESEARCH AND DEVELOPMENT.
(a) In General.--Of the aggregate funds made available for the
accounts specified in subsection (b), $220,000,000 is rescinded, to be
derived from university research and development programs. The Director
of the Office of Management and Budget shall allocate such rescission
among such accounts, and shall submit to the Congress a report setting
forth such allocation.
(b) Affected Accounts.--The funds subject to the rescission made by
subsection (a) are the following:
(1) National institutes of health.--The amounts made
available under the heading ``Department of Health and Human
Services--National Institutes of Health'' in the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-112), for the
following accounts:
(A) ``National Cancer Institute''.
(B) ``National Heart, Lung, and Blood Institute''.
(C) ``National Institute of Dental Research''.
(D) ``National Institute of Diabetes and Digestive
and Kidney Diseases''.
(E) ``National Institute of Neurological Disorders
and Stroke''.
(F) ``National Institute of Allergy and Infectious
Diseases''.
(G) ``National Institute of General Medical
Sciences''.
(H) ``National Institute of Child Health and Human
Development''.
(I) ``National Eye Institute''.
(J) ``National Institute of Environmental Health
Sciences''.
(K) ``National Institute on Aging''.
(L) ``National Institute of Arthritis and
Musculoskeletal and Skin Diseases''.
(M) ``National Institute on Deafness and Other
Communication Disorders''.
(N) ``National Institute of Nursing Research''.
(O) ``National Institute on Alcohol Abuse and
Alcoholism''.
(P) ``National Institute on Drug Abuse''.
(Q) ``National Institute of Mental Health''.
(R) ``National Center for Research Resources''.
(S) ``National Center for Human Genome Research''.
(T) ``John E. Fogarty International Center''.
(U) ``National Library of Medicine''.
(V) ``Office of the Director''.
(2) Independent agencies.--The amounts made available in
the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1994
(Pub. L. 103-124), for the following accounts:
(A) ``National Science Foundation--Research and
Related Activities''.
(B) ``National Aeronautics and Space
Administration--Research and Development''.
(3) Department of defense.--The amounts made available in
the Department of Defense Appropriations Act, 1994 (Pub. L.
103-139), for the following accounts:
(A) ``Research, Development, Test and Evaluation,
Army''.
(B) ``Research, Development, Test and Evaluation,
Navy''.
(C) ``Research, Development, Test and Evaluation,
Air Force''.
(D) ``Research, Development, Test and Evaluation,
Defense-Wide''.
SEC. 525. RECOUPMENT OF CERTAIN GRANTS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Energy and the Secretary of Commerce shall establish
procedures and criteria for the recoupment of the Federal share of all
cost shared research, development, demonstration, and commercial
application projects undertaken by such Departments. If required, such
recoupment shall occur within a reasonable period of time following the
date of completion of a project, but not later than 20 years following
such date, taking into account the effect of recoupment on--
(1) the commercial competitiveness of the entity carrying
out the project;
(2) the profitability of the project; and
(3) the commercial viability of the technology utilized.
The Secretary of Energy and the Secretary of Commerce may require
recoupment under this section as appropriate.
SEC. 526. COVERAGE OF FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
BY COMPETITION IN CONTRACTING ACT.
(a) Contracts with Executive Agencies.--Section 303 of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253) is
amended in subsection (b)(1)(C) and in subsection (c)(3) by striking
out ``or a federally funded research and development center'' each
place it appears.
(b) Contracts with Department of Defense.--Section 2304 of title
10, United States Code, is amended in subsection (b)(1)(C) and in
subsection (c)(3) by striking out ``or a federally funded research and
development center'' each place it appears.
SEC. 527. TERMINATION OF MODULAR HIGH-TEMPERATURE GAS-COOLED REACTOR
PROJECT.
(a) In General.--The United States shall not obligate any funds for
the Modular High-Temperature Gas-Cooled Reactor program.
(b) Amendments.--Section 2122(b) of the Energy Policy Act of 1992
(42 U.S.C. 13492(b)) is amended--
(1) in paragraph (1)(B), by striking ``the modular high-
temperature gas-cooled reactor technology and''; and
(2) in paragraph (2)(C)--
(A) by striking ``high-temperature gas-cooled
reactor technology and''; and
(B) by striking ``one or both of those
technologies'' and inserting in lieu thereof ``that
technology''.
(c) Rescission of Funds.--Of the funds made available under the
heading ``Department of Energy--Energy Supply, Research and Development
Activities'' in the Energy and Water Development Appropriations Act,
1994 (Pub. L. 103-126), $12,000,000 is rescinded, to be derived from
the gas turbine-modular helium reactor program.
SEC. 528. DEPARTMENT OF ENERGY FACILITIES CLOSURE AND RECONFIGURATION
COMMISSION.
(a) Department of Energy Facilities Closure and Reconfiguration
Commission.--
(1) Establishment.--There is established an independent
commission to be known as the ``Department of Energy Facilities
Closure and Reconfiguration Commission''.
(2) Duties.--The Commission shall carry out the duties
specified for the Commission in this section.
(3) Appointment.--
(A) In general.--The Commission shall be composed
of 7 members appointed by the President, by and with
the advise and consent of the Senate. The President
shall transmit to the Senate the nominations for
appointment to the Commission not later than 3 months
after the date of the enactment of this Act.
(B) Consultation.--In selecting individuals for
nominations for appointments to the Commission, the
President should consult with--
(i) the Speaker of the House of
Representatives concerning the appointment of 1
member;
(ii) the majority leader of the Senate
concerning the appointment of 1 member;
(iii) the minority leader of the House of
Representatives concerning the appointment of 1
member; and
(iv) the minority leader of the Senate
concerning the appointment of 1 member.
(C) Chairperson.--At the time the President
nominates individuals for appointment to the
Commission, the President shall designate one such
individual who shall serve as Chairperson of the
Commission.
(4) Terms.--Each member of the Commission shall serve until
the termination of the Commission under paragraph (12).
(5) Meetings.--Each meeting of the Commission, other than
meetings in which classified information is to be discussed,
shall be open to the public.
(6) Vacancies.--A vacancy in the Commission shall be filled
in the same manner as the original appointment, but the
individual appointed to fill the vacancy shall serve only for
the unexpired portion of the term for which the individual's
predecessor was appointed.
(7) Pay and travel expenses.--
(A) In general.--
(i) Basic pay.--Each member, other than the
Chairperson, shall be paid at a rate equal to
the daily equivalent of the minimum annual rate
of basic pay payable for level IV of the
Executive Schedule under section 5315 of title
5, United States Code, for each day (including
travel time) during which the member is engaged
in the actual performance of duties vested in
the Commission.
(ii) Pay of chairperson.--The Chairperson
shall be paid for each day referred to in
clause (i) at a rate equal to the daily
equivalent of the minimum annual rate of basic
pay payable for level III of the Executive
Schedule under section 5314 of title 5, United
States Code.
(B) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5,
United States Code.
(8) Director.--
(A) In general.--The Commission shall, without
regard to section 5311(b) of title 5, United States
Code, appoint a Director who has not served as a
civilian employee of the Department of Energy during
the one-year period preceding the date of such
appointment.
(B) Pay.--The Director shall be paid at the rate of
basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(9) Staff.--
(A) Appointment by director.--Subject to
subparagraphs (B) and (C), the Director, with the
approval of the Commission, may appoint and fix the pay
of additional personnel.
(B) Applicability of certain civil service laws.--
The Director may make such appointments without regard
to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
any personnel so appointed may be paid without regard
to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and
General Schedule pay rates, except that an individual
so appointed may not receive pay in excess of the
annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.
(C) Limitation.--Not more than one-third of the
personnel employed by or detailed to the Commission may
be on detail from the Department of Energy.
(D) Support from other agencies.--Upon request of
the Director, the head of a Federal agency may detail
any of the personnel of that agency to the Commission
to assist the Commission in carrying out its duties
under this section.
(E) Support from comptroller general.--The
Comptroller General of the United States shall provide
assistance, including the detailing of employees, to
the Commission in accordance with an agreement entered
into with the Commission.
(10) Other authority.--
(A) Temporary and intermittent services.--The
Commission may procure by contract, to the extent funds
are available, the temporary or intermittent services
of experts or consultants pursuant to section 3109 of
title 5, United States Code.
(B) Authority to lease space and acquire certain
property.--The Commission may lease space and acquire
personal property to the extent funds are available. To
the extent practicable, the Commission shall use
suitable real property available under the most recent
inventory of real property assets published by the
Resolution Trust Corporation under section
21A(b)(11)(F) of the Federal Home Loan Bank Act (12
U.S.C. 1441a(b)(12)(F)).
(11) Funding.--There is appropriated for fiscal year 1994,
out of any money in the Treasury not otherwise appropriated,
$1,000,000 to the Commission to carry out its duties under this
section. Such funds shall remain available until expended.
(12) Termination.--The Commission shall terminate not later
than 20 months after the date of the enactment of this Act.
(b) Procedure for Making Recommendations for Closure and
Reconfiguration of Facilities.--
(1) Selection criteria.--
(A) In general.--Not later than 3 months after the
date of the enactment of this Act, the Secretary of
Energy shall publish in the Federal Register and
transmit to the congressional energy committees the
criteria proposed to be used by the Secretary in making
recommendations for the closure or reconfiguration of
Department of Energy facilities resulting in an overall
budget for such facilities for a fiscal year in an
amount equal to the amount appropriated for such
facilities for the previous fiscal year reduced by 25
percent. The Secretary shall provide an opportunity for
public comment on the proposed criteria for a period of
at least 30 days and shall include notice of that
opportunity in the publication required under this
paragraph. In developing the criteria, the Secretary
shall consider--
(i) the program costs and program
distributions on a State and county basis,
including real and personal property costs
associated with each Department of Energy
facility considered;
(ii) the number of participants in programs
conducted through a Department of Energy
facility and staff resources involved;
(iii) duplication of effort by Department
of Energy facilities and overhead costs as a
proportion of program benefits distributed
through a Department of Energy facility; and
(iv) cost savings and increases that would
accrue through the reconfiguration of
Department of Energy facilities.
(B) Final criteria.--Not later than 5 months after
the date of the enactment of this Act, the Secretary
shall publish in the Federal Register and transmit to
the congressional energy committees the final criteria
to be used in making recommendations for the closure or
reconfiguration of Department of Energy facilities
under this section.
(2) Secretary's recommendations.--
(A) Publication in federal register.--Not later
than 9 months after the date of the enactment of this
Act, the Secretary shall publish in the Federal
Register and transmit to the congressional energy
committees and to the Commission a list of the
Department of Energy facilities that the Secretary
recommends for closure or reconfiguration on the basis
of the final criteria referred to in paragraph (1).
(B) Summary of selection process.--The Secretary
shall include, with the list of recommendations
published and transmitted pursuant to subparagraph (A),
a summary of the selection process that resulted in the
recommendation for each Department of Energy facility,
including a justification for each recommendation.
(C) Equal consideration of facilities.--In
considering Department of Energy facilities for closure
or reconfiguration, the Secretary shall consider all
such facilities equally without regard to whether a
facility has been previously considered or proposed for
closure or reconfiguration by the Secretary.
(D) Availability of information.--The Secretary
shall make available to the Commission and the
Comptroller General of the United States all
information used by the Secretary in making
recommendations to the Commission for closures and
reconfiguration.
(3) Review and recommendations by the commission.--
(A) Public hearings.--After receiving the
recommendations from the Secretary pursuant to
paragraph (2), the Commission shall conduct public
hearings on the recommendations.
(B) Report.--Not later than 15 months after the
date of the enactment of this Act, the Commission shall
transmit to the President and the congressional energy
committees a report containing the Commission's
findings and conclusions based on a review and analysis
of the recommendations made by the Secretary, together
with the Commission's recommendations for closures and
reconfigurations of Department of Energy facilities.
(C) Deviation from secretary's recommendations.--In
making its recommendations, the Commission may make
changes in any of the recommendations made by the
Secretary if the Commission determines that the
Secretary deviated substantially from the final
criteria referred to in paragraph (1) in making
recommendations. The Commission shall explain and
justify in the report any recommendation made by the
Commission that is different from the recommendations
made by the Secretary.
(D) Provision of certain information.--After
transmitting the report, the Commission shall promptly
provide, upon request, to any Member of Congress
information used by the Commission in making its
recommendations.
(4) Assistance from comptroller general.--The Comptroller
General of the United States shall--
(A) assist the Commission, to the extent requested,
in the Commission's review and analysis of the
recommendations made by the Secretary pursuant to
paragraph (2); and
(B) not later than 12 months after the date of the
enactment of this Act, transmit to the congressional
energy committees and to the Commission a report
containing a detailed analysis of the Secretary's
recommendations and selection process.
(5) Review by the president.--
(A) In general.--Not later than 16 months after the
date of the enactment of this Act, the President shall
transmit to the Commission and to the congressional
energy committees a report containing the President's
approval or disapproval of the Commission's
recommendations.
(B) Presidential approval.--If the President
approves all of the recommendations of the Commission,
the President shall transmit a copy of such
recommendations to the congressional energy committees
together with a certification of such approval.
(C) Presidential disapproval.--If the President
disapproves the recommendations of the Commission, in
whole or in part, the President shall transmit to the
Commission and the congressional energy committees the
reasons for that disapproval. The Commission shall then
transmit to the President, not later than 17 months
after the date of the enactment of this Act, a revised
list of recommendations for the closure and
reconfiguration of Department of Energy facilities
resulting in an overall budget for such facilities for
a fiscal year in an amount equal to the amount
appropriated for such facilities for the previous
fiscal year reduced by 25 percent.
(D) Certification.--If the President approves all
of the revised recommendations of the Commission
transmitted to the President under subparagraph (C),
the President shall transmit a copy of such revised
recommendations to the congressional energy committees,
together with a certification of such approval.
(E) Failure to certify.--If the President does not
transmit to the congressional energy committees an
approval and certification described in subparagraph
(B) or (D) by 18 months after the date of the enactment
of this Act, the process by which Department of Energy
facilities may be selected for closure or
reconfiguration under this section shall be terminated.
(c) Closure and Reconfiguration of Department of Energy
Facilities.--
(1) In general.--Subject to paragraph (2), the Secretary
shall--
(A) close all Department of Energy facilities
recommended for closure by the Commission in the report
transmitted to the congressional energy committees by
the President pursuant to subsection (b)(5);
(B) reconfigure all such facilities recommended for
reconfiguration by the Commission in the report; and
(C) complete the closures and reconfigurations not
later than the end of the 6-year period beginning on
the date on which the President transmits the report
pursuant to subsection (b)(5).
(2) Congressional disapproval.--
(A) In general.--The Secretary may not carry out
any closure or reconfiguration of a facility
recommended by the Commission in the report transmitted
from the President pursuant to subsection (b)(5) if a
joint resolution is enacted, in accordance with the
provisions of subsection (g), disapproving the
recommendations of the Commission before the earlier
of--
(i) the end of the 45-day period beginning
on the date on which the President transmits
the report; or
(ii) the adjournment of Congress sine die
for the session during which the report is
transmitted.
(B) For purposes of subparagraph (A) of this
paragraph and paragraphs (1) and (3) of subsection (g),
the days on which either House of Congress is not in
session because of an adjournment of more than three
days to a day certain shall be excluded in the
computation of a period.
(d) Implementation of Closure and Reconfiguration Actions.--
(1) Actions of the secretary.--In closing or reconfiguring
a Department of Energy facility under this section, the
Secretary shall--
(A) take such actions as may be necessary to close
or reconfigure the facility;
(B) provide outplacement assistance to any
employees employed by the Department of Energy at the
office whose employment is being terminated, and may
use for such purpose funds in the Account or funds
appropriated to the Department of Energy for
outplacement assistance to employees;
(C) take such steps as may be necessary to ensure
the safe keeping of all records stored at the facility;
and
(D) reimburse other Federal agencies for actions
performed at the request of the Secretary with respect
to any such closure or reconfiguration, and may use for
such purpose funds in the Account or funds appropriated
to the Department of Energy and available for such
purpose.
(2) Management and disposal of property.--
(A) In general.--The Administrator of General
Services shall delegate to the Secretary of Energy,
with respect to excess and surplus real property and
facilities located at a Department of Energy facility
closed or reconfigured under this section--
(i) the authority of the Administrator to
utilize excess property under section 202 of
the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 483);
(ii) the authority of the Administrator to
dispose of surplus property under section 203
of that Act (40 U.S.C. 484);
(iii) the authority of the Administrator to
grant approvals and make determinations under
section 13(g) of the Surplus Property Act of
1944 (50 U.S.C. App. 1622(g)); and
(iv) the authority of the Administrator to
determine the availability of excess or surplus
real property for wildlife conservation
purposes in accordance with the Act of May 19,
1948 (16 U.S.C. 667b).
(B) Exercise of authority.--
(i) In general.--Subject to clause (iii),
the Secretary shall exercise the authority
delegated to the Secretary pursuant to
subparagraph (A) in accordance with--
(I) all regulations in effect on
the date of the enactment of this Act
governing the utilization of excess
property and the disposal of surplus
property under the Federal Property and
Administrative Services Act of 1949;
and
(II) all regulations in effect on
the date of the enactment of this Act
governing the conveyance and disposal
of property under section 13(g) of the
Surplus Property Act of 1944 (50 U.S.C.
App. 1622(g)).
(ii) Regulations.--The Secretary, after
consulting with the Administrator of General
Services, may issue regulations that are
necessary to carry out the delegation of
authority required by subparagraph (A).
(iii) Limitation.--The authority required
to be delegated by subparagraph (A) to the
Secretary by the Administrator of General
Services shall not include the authority to
prescribe general policies and methods for
utilizing excess property and disposing of
surplus property.
(3) Waiver.--The Secretary may close or reconfigure
Department of Energy facilities under this section without
regard to any provision of law restricting the use of funds for
closing or reconfiguring such facilities included in any
appropriations or authorization Act.
(e) Account.--
(1) Establishment.--There is hereby established on the
books of the Treasury an account to be known as the
``Department of Energy Facility Closure Account'' which shall
be administered by the Secretary as a single account.
(2) Content of account.--There shall be deposited into the
Account--
(A) funds authorized for and appropriated to the
Account;
(B) any funds that the Secretary may, subject to
approval in an appropriation Act, transfer to the
Account from funds appropriated to the Department of
Energy for any purpose, except that such funds may be
transferred only after the date on which the Secretary
transmits written notice of, and justification for,
such transfer to the congressional energy committees;
and
(C) proceeds received from the transfer or disposal
of any property at an office closed or reconfigured
under this section.
(3) Use of funds.--The Secretary may use the funds in the
Account only for the purposes described in subsection (d)(1).
(4) Reports.--
(A) In general.--Not later than 60 days after the
end of each fiscal year in which the Secretary carries
out activities under this section, the Secretary shall
transmit a report to the congressional energy
committees of the amount and nature of the deposits
into, and the expenditures from, the Account during
such fiscal year and of the amount and nature of other
expenditures made pursuant to subsection (d)(1) during
such fiscal year.
(B) Unobligated funds.--Unobligated funds which
remain in the Account after the termination of the
Commission shall be held in the Account until
transferred by law after the congressional energy
committees receive the report transmitted under
subparagraph (C).
(C) Accounting report.--Not later than 60 days
after the termination of the Commission, the Secretary
shall transmit to the congressional energy committees a
report containing an accounting of--
(i) all the funds deposited into and
expended from the Account or otherwise expended
under this section; and
(ii) any amount remaining in the Account.
(f) Reports on Implementation.--As part of the budget request for
each fiscal year in which the Secretary will carry out activities under
this section, the Secretary shall transmit to the congressional energy
committees--
(1) a schedule of the closure and reconfiguration actions
to be carried out under this section in the fiscal year for
which the request is made and an estimate of the total
expenditures required and cost savings to be achieved by each
such closure and reconfiguration and of the time period in
which these savings are to be achieved in each case; and
(2) a description of the Department of Energy facilities,
including those under construction and those planned for
construction, to which functions are to be transferred as a
result of such closures and reconfigurations.
(g) Congressional Consideration of Commission Report.--
(1) Terms of the resolution.--For purposes of subsection
(c)(2), the term ``joint resolution'' means only a joint
resolution which is introduced within the 10-day period
beginning on the date on which the President transmits the
report to the Congress under subsection (b)(5), and--
(A) which does not have a preamble;
(B) the matter after the resolving clause of which
is as follows: ``That Congress disapproves the
recommendations of the Department of Energy Facilities
Closure and Reconfiguration Commission as submitted by
the President on ______'', the blank space being filled
in with the appropriate date; and
(C) the title of which is as follows: ``Joint
resolution disapproving the recommendations of the
Department of Energy Facilities Closure and
Reconfiguration Commission.''.
(2) Referral.--A resolution described in paragraph (1) that
is introduced in the House of Representatives shall be referred
to the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of Representatives.
A resolution described in paragraph (1) introduced in the
Senate shall be referred to the Committee on Armed Services and
the Committee on Energy and Natural Resources of the Senate.
(3) Discharge.--If the committee to which a resolution
described in paragraph (1) is referred has not reported such
resolution (or an identical resolution) by the end of the 20-
day period beginning on the date on which the President
transmits the report to the Congress under subsection (b)(5),
such committee shall be, at the end of such period, discharged
from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the
House involved.
(4) Consideration.--
(A) In general.--On or after the third day after
the date on which the committee to which such a
resolution is referred has reported, or has been
discharged (under paragraph (3)) from further
consideration of, such a resolution, it is in order
(even though a previous motion to the same effect has
been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
resolution (but only on the day after the calendar day
on which such Member announces to the House concerned
the Member's intention to do so). All points of order
against the resolution (and against consideration of
the resolution) are waived. The motion is highly
privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The
motion is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the
respective House shall immediately proceed to
consideration of the joint resolution without
intervening motion, order, or other business, and the
resolution shall remain the unfinished business of the
respective House until disposed of.
(B) Debate.--Debate on the resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 2 hours, which shall
be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution
is not in order. A motion further to limit debate is in
order and not debatable. A motion to postpone, or a
motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not
in order. A motion to reconsider the vote by which the
resolution is agreed to or disagreed to is not in
order.
(C) Quorum call.--Immediately following the
conclusion of the debate on a resolution described in
paragraph (1) and a single quorum call at the
conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on
final passage of the resolution shall occur.
(D) Appeals from decision of chair.--Appeals from
the decisions of the Chair relating to the application
of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure
relating to a resolution described in paragraph (1)
shall be decided without debate.
(5) Consideration by other house.--
(A) If, before the passage by one House of a
resolution of that House described in paragraph (1),
that House receives from the other House a resolution
described in paragraph (1), then the following
procedures shall apply:
(i) The resolution of the other House shall
not be referred to a committee and may not be
considered in the House receiving it except in
the case of final passage as provided in clause
(ii)(II).
(ii) With respect to a resolution described
in paragraph (1) of the House receiving the
resolution--
(I) the procedure in that House
shall be the same as if no resolution
had been received from the other House;
but
(II) the vote on final passage
shall be on the resolution of the other
House.
(B) Consideration after disposition by other
house.--Upon disposition of the resolution received
from the other House, it shall no longer be in order to
consider the resolution that originated in the
receiving House.
(6) Rules of the senate and house.--This subsection is
enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
resolution described in paragraph (1), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(h) Definitions.--For purposes of this section:
(1) The term ``Account'' means the Department of Energy
Facility Closure Account established in subsection (e)(1).
(2) The term ``Commission'' means the Department of Energy
Facilities Closure and Reconfiguration Commission.
(3) The term ``congressional energy committees'' means the
Committees on Armed Services of the Senate and House of
Representatives, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee
on Energy and Natural Resources of the Senate.
(4) The term ``Secretary'' means the Secretary of Energy.
SEC. 529. ALASKA POWER ADMINISTRATION SALE.
(a) Sale of Snettisham and Eklutna Hydroelectric Projects.--(1) The
Secretary of Energy may sell the Snettisham Hydroelectric Project
(referred to in this section as ``Snettisham'') to the State of Alaska
Power Authority (now known as the Alaska Industrial Development and
Export Authority, and referred to in this section as the
``Authority''), or its successor, in accordance with the February 10,
1989, Snettisham Purchase Agreement between the Alaska Power
Administration of the United States Department of Energy and the
Authority.
(2) The Secretary of Energy may sell the Eklutna Hydroelectric
Project (referred to in this section as ``Eklutna'') to the
Municipality of Anchorage doing business as Municipal Light and Power,
the Chugach Electric Association, Inc., and the Matanuska Electric
Association, Inc. (referred to in this section as ``Eklutna
Purchasers'') in accordance with the August 2, 1989, Eklutna Purchase
Agreement between the United States Department of Energy and the
Eklutna Purchasers.
(3) The heads of other affected Federal departments and agencies,
including the Secretary of the Interior, shall assist the Secretary of
Energy in implementing the sales authorized by this Act.
(4) The Secretary of Energy shall deposit sale proceeds in the
Treasury of the United States to the credit of miscellaneous receipts.
(5) There are authorized to be appropriated such sums as are
necessary to prepare or acquire Eklutna and Snettisham assets for sale
and conveyance, such preparations to provide sufficient title to ensure
the beneficial use, enjoyment, and occupancy to the purchasers of the
assets to be sold.
(6) No later than one year after both of the sales authorized in
this subsection have occurred, as measured by the Transaction Dates
stipulated in the Purchase Agreements, the Secretary of Energy shall--
(A) complete the business of, and close out, the Alaska
Power Administration; and
(B) prepare and submit to Congress a report documenting the
sales.
(b) Assessment of Alternative Options.--Before taking any action
authorized in subsection (a), the Secretary shall assess the
feasibility of alternative options for maximizing the return to the
Treasury from the sale of the Alaska Power Marketing Administration.
SEC. 530. FEDERAL-PRIVATE COGENERATION OF ELECTRICITY.
Section 804(2)(B) of the National Energy Conservation 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 federally owned facilities''.
SEC. 531. RESCISSION OF FUNDS FROM SPR PETROLEUM ACCOUNT.
The unobligated balance of the funds in the SPR petroleum account
on the date of the enactment of this Act is rescinded.
SEC. 532. STUDY OF TERMINATION OF HELIUM SUBSIDY.
(a) Findings.--The Congress finds that--
(1) the United States Government's helium recovery program
was instituted in 1925, when helium conservation was deemed to
be a matter of national security and no private sector helium
recovery industry existed;
(2) today, as compared to 1925, there is little likelihood
that the United States will have to field a fleet of blimps on
an emergency basis;
(3) private sources of helium are more than adequate for
serving existing and foreseeable future national needs;
(4) since 1925, there has been a dramatic increase in
private industry's involvement in helium recovery, as a result
of the free market discovery of numerous commercial uses for
helium;
(5) currently, private industry accounts for 90 percent of
all helium extraction and consumption;
(6) the Government's helium recovery program currently owes
the Department of the Treasury $1,400,000,000 and loses an
additional $120,000,000 yearly on interest alone, and there is
no prospect for repayment of this debt without significant
reform; and
(7) with combined public and private helium reserves
considerably in excess of foreseeable national helium needs,
there is no longer any need for the Federal Government to own
and operate a helium refining and marketing program.
(b) Study.--(1) The Secretary of the Interior, in consultation with
private industry, shall conduct a study to determine how best to--
(A) sell or otherwise dispose of, at the best possible
terms available to the United States, all facilities,
equipment, and other real or personal property, or rights
thereto, held by the United States in connection with
activities carried out under the Helium Act, unless such
facilities, equipment, or other real or personal property, or
rights thereto, are required for other Federal purposes;
(B) sell or otherwise dispose of, at the best possible
terms available to the United States, the helium reserves held
by the United States other than amounts required for the
specific immediate needs of the Federal Government, in a manner
consistent with the orderly conduct of commercial helium
markets; and
(C) ensure the full repayment of loans made under section
12 of the Helium Act.
(2) The Secretary of the Interior shall transmit to the Congress
within one year after the date of enactment of this Act a report
containing the results of the study conducted under paragraph (1).
SEC. 533. RESCISSION OF FUNDS FOR LOW-PRIORITY WATER PROJECTS.
(a) Corps of Engineers General Investigations.--Of the funds made
available under the heading ``Corps of Engineers-Civil--General
Investigations'' in the Energy and Water Development Appropriations
Act, 1994 (Pub. L. 103-126), $24,970,000 is rescinded, to be derived
from projects that--
(1) are not continuations of ongoing work under contract;
(2) are not economically justified, or environmentally
beneficial in a manner commensurate with costs;
(3) are not environmentally acceptable;
(4) are not in compliance with standard cost sharing;
(5) do not have available the necessary non-Federal
sponsorship and funding;
(6) represent a Federal assumption of traditionally non-
Federal responsibility; or
(7) have not completed normal executive branch project
review requirements.
(b) Corps of Engineers Construction.--Of the funds made available
under the heading ``Corps of Engineers-Civil--Construction, General''
in the Energy and Water Development Appropriations Act, 1994 (Pub. L.
103-126), $97,319,000 is rescinded, to be derived from projects that--
(1) are not continuations of ongoing work under contract;
(2) are not economically justified, or environmentally
beneficial in a manner commensurate with costs;
(3) are not environmentally acceptable;
(4) are not in compliance with standard cost sharing;
(5) do not have available the necessary non-Federal
sponsorship and funding;
(6) represent a Federal assumption of traditionally non-
Federal responsibility; or
(7) have not completed normal executive branch project
review requirements.
(c) Bureau of Reclamation.--Of the funds made available under the
heading ``Department of the Interior--Bureau of Reclamation--
Construction Program'' in the Energy and Water Development
Appropriations Act, 1994 (Pub. L. 103-126), $16,000,000 is rescinded,
to be derived from projects that--
(1) are not continuations of ongoing work under contract;
(2) in the case of new projects, are inconsistent with the
priorities of the Secretary of the Interior;
(3) are not environmentally beneficial in a manner
commensurate with costs; or
(4) do not have available the necessary non-Federal cost
sharing.
SEC. 534. PREFERENCE FOR INTERIM MEASURES IN SUPERFUND RESPONSE
ACTIONS.
(a) Amendment of CERCLA.--Section 121(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(a)) is amended by adding at the end the following:
``Notwithstanding any other provision of this Act, in selecting
appropriate remedial actions in any record of decision issued on or
after October 1, 1994, the President shall give a preference to the use
of institutional controls (such as deed and access restrictions,
monitoring, and provision of alternate water supplies), containment
methods (including caps, slurry walls, and surface water diversion),
and other interim measures, rather than permanent treatment
technologies, if such measures are sufficient to assure the protection
of human health and the environment.''.
(b) Cleanup Standards.--Section 121(d)(2) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(d)(2)) shall not apply to any remedial action described in
the amendment made by subsection (a).
(c) Authorization of Appropriations.--(1) Section 517(b) of the
Superfund Amendments and Reauthorization Act of 1986 is amended by
striking ``and'' at the end of paragraph (8), by striking paragraph (9)
and by inserting the following after paragraph (8):
``(9) 1995, $1,065,536,000,
``(10) 1996, $1,100,198,000,
``(11) 1997, $1,254,824,000, and
``(12) 1998, $1,321,018,000,''.
(2) Section 9507(c) of the Internal Revenue Code of 1986 is amended
by adding the following new paragraph at the end thereof:
``(3) Limitation on Appropriations from Fund.--For
fiscal years 1995, 1996, 1997, and 1998, the total of
all amounts authorized to be appropriated from the
Superfund shall not exceed the amounts specified in
paragraphs (9) through (12) of the Superfund Amendments
and Reauthorization Act of 1986.''.
(d) Report Requirement.--(1) The President shall submit to Congress
a report, during each of the 5 years listed in paragraph (2), on the
use of measures under the last sentence of section 121(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9621), as required by the amendment made by
subsection (a). The report shall cover the preceding fiscal year and
shall include the estimated savings resulting from the use of such
measures in comparison to using permanent treatment technologies.
(2) The President shall submit the report required by paragraph (1)
by December 1 of 1995, 1996, 1997, 1998, and 1999.
SEC. 535. RESERVATION OF FUNDS FOR DISASTER RELIEF.
(a) Establishment of Disaster Relief Account.--On the date of the
enactment of this Act the Secretary of the Treasury shall establish a
Disaster Relief Account within the Office of the Secretary of the
Treasury.
(b) Reservation of Funds.--For each domestic discretionary spending
account, the head of each Federal agency shall transfer 1 percent of
all funds appropriated for each fiscal year beginning after September
30, 1993, to the account established under subsection (a) upon
enactment of the appropriations Act for the agency for the fiscal year.
(c) Transfer of Funds.--Upon enactment of an emergency disaster
supplemental appropriations Act, the Secretary of the Treasury shall
transfer such sums as are specified in such Act with respect to a
disaster declared by the President from the Disaster Relief Account to
the accounts specified by such Act.
(d) Use of Disaster Relief Account Prior to Provision of Emergency
Funds in Excess of Caps.--All funds in the Disaster Relief Account
established under subsection (a) shall be exhausted before any funds
shall be made available pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(e) Release of Funds.--Any funds reserved under subsection (b) for
a fiscal year which have not been transferred under subsection (c) by
August 1 of such fiscal year shall after that date be returned to the
account from which they were reserved in an amount proportionate to the
amount originally reserved under subsection (b) if no emergency
disaster supplemental appropriations bill has been reported from a
committee of, or passed by, the House of Representatives or the Senate.
If such a bill has been so reported or passed by August 1, such funds
as may be required by such bill shall be retained in the Disaster
Relief Account established under subsection (a) until transferred under
subsection (c). Any funds in excess of those required for such bill
shall be returned to the accounts from which they were reserved in an
amount proportionate to the amount originally reserved under subsection
(b) upon enactment of such bill as law.
(f) Definition.--For purposes of this section, the term ``domestic
discretionary spending account'' means each budget account that was for
purposes of section 601(a) of the Congressional Budget Act of 1974
considered to be with respect to fiscal year 1993 within the domestic
discretionary category, and each new account not classified as within
function 050 or 150.
(g) Rescission of Funds.--Of the funds made available under the
heading ``Federal Emergency Management Agency--Disaster Relief'' in the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1994 (Pub. L. 103-124),
$15,000,000 is rescinded.
SEC. 536. ELIMINATION OF WEATHER OFFICE CLOSURE CERTIFICATION
PROCEDURES.
(a) In General.--Title VII of the National Oceanic and Atmospheric
Administration Authorization Act of 1992 is repealed.
(b) Sense of Congress.--It is the sense of the Congress that the
repeal made by subsection (a) will not result in a degradation of
weather forecasting service.
(c) Rescission of Funds.--Of the funds made available under the
heading ``National Oceanic And Atmospheric Administration--Operations,
Research, and Facilities'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1994
(Pub. L. 103-121), $20,000,000 is rescinded, to be derived from the
National Weather Service.
SEC. 537. RESCISSION OF FUNDS FOR NOAA RESEARCH FLEET.
Of the funds made available under the heading ``National Oceanic
And Atmospheric Administration--Fleet Modernization, Shipbuilding and
Conversion'' in the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1994 (Pub. L. 103-
121), $77,064,000 is rescinded.
SEC. 538. RESCISSION OF FUNDS FOR NOAA ADD-ONS.
Of the funds made available under the heading ``National Oceanic
And Atmospheric Administration'' in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1994 (Pub. L. 103-121), there are rescinded the following amounts
from the following accounts:
(1) ``Operations, Research, and Facilities'', $71,298,000.
(2) ``Construction'', $29,840,000.
(3) ``Aircraft Procurement and Modernization'',
$43,000,000.
SEC. 539. STUDY CONCERNING MERGER OF BUREAU OF RECLAMATION AND UNITED
STATES ARMY CORPS OF ENGINEERS.
(a) Finding.--The Congress finds--
(1) that similar functions should be administered in the
same agency;
(2) that the Bureau of Reclamation is currently
reevaluating its mission; and
(3) now is the proper time for the Bureau of Reclamation
and the Corps of Engineers to evaluate the feasibility of a
merger.
(b) Study.--Not later than one year after the date of enactment of
this Act, the Secretary of the Interior, acting through the
Commissioner of Reclamation, and the Secretary of the Army, acting
through the Chief of Engineers, shall jointly conduct a study and
submit a report to the Congress on merging the Bureau of Reclamation
with the Corps of Engineers. The study shall include an examination of
the administrative efficiencies that could be achieved in addition to
the change and reorganization referred to in subsection (a),
including--
(1) a the financial savings through administrative
efficiency that would be obtained through such a merger; and
(2) the realignment of water projects such that similar
projects are treated in a similar manner.
SEC. 540. RESCISSION OF FUNDS FOR AGRICULTURE BUILDING AND FACILITIES
ACCOUNT.
Of the funds made available under the heading ``Cooperative State
Research Service--Buildings and Facilities'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-111), $56,874,000 is rescinded.
SEC. 541. REPEAL OF AUTHORIZATIONS FOR THE AIRWAY SCIENCE PROGRAM,
COLLEGIATE TRAINING INITIATIVE, AND AIR CARRIER
MAINTENANCE TECHNICIAN TRAINING FACILITY GRANT PROGRAM.
(a) Airway Science Program.--All authority for--
(1) the Secretary of Transportation to enter into grant
agreements with universities or colleges having an airway
science curriculum recognized by the Federal Aviation
Administration for conducting demonstration projects with
respect to the development, advancement, and expansion of
airway science programs, and
(2) the Federal Aviation Administration to enter into
competitive grant agreements with institutions of higher
education having airway science curricula,
and all authorizations to appropriate funds for such purposes,
including all authorizations for which funds were appropriated for such
purposes under the heading ``Federal Aviation Administration,
Facilities and Equipment'' in the Department of Transportation and
Related Agencies Appropriations Acts, 1994 are repealed.
(b) Collegiate Training Initiative.--Section 362 of the Department
of Transportation and Related Agencies Appropriations Act, 1993 (106
Stat. 1560) is repealed. Notwithstanding such repeal, the Administrator
of the Federal Aviation Administration may continue to convert
appointment of persons who have been appointed pursuant to such section
prior to the effective date of this Act from the excepted service to a
career conditional or career appointment in the competitive civil
service, pursuant to subsection (c) of such section.
(c) Air Carrier Maintenance Technician Training Facility Grant
Program.--Section 119 of the Airport and Airway Safety, Capacity, Noise
Improvement, and Intermodal Transportation Act of 1992 (49 U.S.C. App.
1354 note; 106 Stat. 4883-4884) is repealed.
(d) Rescission of Funds.--
(1) FAA operations.--Of the funds made available under the
heading ``Federal Aviation Administration--Operations'' in the
Department of Transportation and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-122), $2,750,000 is
rescinded, to be derived from grants to the Mid-American
Aviation Resource Consortium and vocational technical
institutions.
(2) FAA facilities and equipment.--Of the unobligated
balance of funds made available under the heading ``Federal
Aviation Administration--Facilities and Equipment'' in
appropriations Acts for fiscal year 1994 and prior fiscal
years, $40,257,111 is rescinded, to be derived from the airway
science program.
SEC. 542. REPEAL OF NATIONAL RECREATIONAL TRAILS PROGRAM.
The Symms National Recreational Trails Act of 1991 (16 U.S.C. 1261-
1262; 105 Stat. 2064-2069) is repealed.
SEC. 543. RESCISSION OF FUNDS FOR EDA.
Of the funds made available under the heading ``Economic
Development Administration--Economic Development Assistance Programs''
in the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1994 (Pub. L. 103-121),
$159,892,000 is rescinded.
SEC. 544. ELIMINATION OF FUNDING FOR PUBLIC TELECOMMUNICATIONS
FACILITIES.
(a) Repeal of Authorization of Appropriations.--Subpart A of Part
IV of title III of the Communications Act of 1934 (47 U.S.C. 390-393a)
is repealed.
(b) Rescission of Funds.--Of the funds made available under the
heading ``National Telecommunications and Information Administration--
Public Telecommunications Facilities, Planning and Construction'' in
the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1994 (Pub. L. 103-121),
$24,000,000 is rescinded.
SEC. 545. MORATORIUM ON CONSTRUCTION AND ACQUISITION OF NEW FEDERAL
BUILDINGS.
(a) General Rule.--After the date of the enactment of this Act and
before October 1, 1998, the Administrator of General Services may not
obligate any funds for construction or acquisition of any public
building under the authority of the Public Buildings Act of 1959 or any
other provision of law (other than a public building under construction
or under contract for acquisition on such date of enactment).
(b) Public Building Defined.--In this section, the term ``public
building'' has the meaning such term has under the Public Buildings Act
of 1959.
Subtitle C--Government Management
SEC. 551. GOVERNMENT INFORMATION DISSEMINATION AND PRINTING
IMPROVEMENT.
(a) Transfer of Functions.--
(1) Public printer.--The position of Public Printer and all
functions of the position of Public Printer (other than
functions of the Superintendent of Documents) under title 44,
United States Code, or any other provision of law are
transferred from the legislative branch of the Government to
the executive branch of the Government.
(2) Superintendent of documents.--The position of
Superintendent of Documents and all functions of the position
of Superintendent of Documents under title 44, United States
Code, or any other provision of law are transferred to the
Library of Congress and shall be carried out by the
Superintendent of Documents under the direction of the
Librarian of Congress. The Superintendent of Documents shall be
appointed by, and serve at the pleasure of, the Librarian of
Congress.
(3) Revocation of charters.--All printing plant charters
authorized under section 501 of title 44, United States Code,
are revoked.
(4) Effective date.--The transfer under paragraph (1) and
the revocation under paragraph (3) shall each take effect 2
years after the date of the enactment of this Act. The transfer
under paragraph (2) shall take effect one year after the date
of the enactment of this Act.
(b) Government Publications to be Available Throughout the
Government.--All Government publications shall be available throughout
the Government to any department, agency, or entity of the Government
for use or redissemination.
(c) Inventory and Furnishing of Government Publications.--Each
department, agency, and other entity of the Government shall--
(1) establish and maintain a comprehensive inventory 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 Government publications to the
Superintendent of Documents.
(d) Additional Responsibilities of the Public Printer.--
(1) In general.--The Public Printer shall, with respect to
the executive branch of the Government and the judicial branch
of the Government--
(A) use all necessary measures to remedy neglect,
delay, duplication, and waste in the public printing
and binding of Government publications, including the
reduction and elimination of internal printing and
high-speed duplicating capacities of departments,
agencies, and entities;
(B) prescribe Government publishing standards,
which, to the greatest extent practicable, shall be
consistent with the United States Government Printing
Office Style Manual;
(C) prescribe Government procurement and
manufacturing requirements for printing paper and
writing paper, which, to the greatest extent
practicable, shall be consistent with Government Paper
Specification Standards;
(D) authorize the acquisition and transfer of
equipment requisitioned by publishing facilities
authorized under section 501 of title 44, United States
Code;
(E) authorize the disposal of such equipment
pursuant to section 312 of title 44, United States
Code; and
(F) establish policy for the acquisition of
printing, which, to the greatest extent practicable,
shall be consistent with (i) Printing Procurement
Regulation (GPO Publication 305.3), (ii) Government
Printing and Binding Regulations (JCP No. 26), and (ii)
Printing Procurement Department Instruction (PP304.1B).
(2) Policy standards.--The policy referred to in paragraph
(1)(F) shall be formulated to maximize competitive procurement
from the private sector. Government in-house printing and
duplicating operations authorized under section 501 of title
44, United States Code, or otherwise authorized by law, may be
used if they provide printing at the lowest cost to the
Government, taking into consideration the total expense of
production, materials, labor, equipment, and general and
administrative expense, including all levels of overhead.
(e) Additional Responsibilities of the Superintendent of
Documents.--
(1) Government publications to be furnished to the
superintendent of documents.--If a department, 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.
(2) Dissemination or republication.--In addition to any
other dissemination provided for by law, the Superintendent of
Documents shall disseminate or republish Government
publications, if, as determined by the Superintendent, the
dissemination by the department, agency, or entity of the
Government is inadequate. The Superintendent shall have
authority to carry out the preceding sentence by appropriate
means, including the dissemination and republication of
Government publications furnished under paragraph (1), with the
cost of dissemination and republication to be borne by the
department, agency, or entity involved.
(3) Cost.--The cost charged to the public by the
superintendent of documents under paragraph (2) for any
government publication (whether such government publication is
made available to the public by a department, agency, or entity
of the government, or by the superintendent of documents) may
include the incremental cost of dissemination, but may not
include any profit.
(f) Depository Libraries..--In addition to any other distribution
provided for by law, the Superintendent of Documents shall make
Government publications available to designated depository libraries
and State libraries. The Superintendent shall have authority to carry
out the preceding sentence by appropriate means, including the
dissemination and republication of Government publications furnished
under subsection (e)(1), with the cost of dissemination and
republication to be borne by the department, agency, or entity
involved.
(g) Definitions.--As used in this section--
(1) the term ``Government publication'' means any
informational matter that is published at Government expense,
or as required by law; and
(2) the term ``publish'' means, with respect to
informational matter, make available for dissemination.
SEC. 552. SENSE OF CONGRESS REGARDING REORGANIZATION OF BUREAU OF
INDIAN AFFAIRS.
It is the sense of the Congress that--
(1) the Bureau of Indian Affairs should be reorganized,
with special attention given to reorganizing the Bureau's 12
area offices into not more than 5 regional service centers and
2 special service offices; and
(2) such reorganization should be pursued in coordination
with the Task Force on Bureau of Indian Affairs reorganization,
as provided in the Department of the Interior and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-138).
SEC. 553. RESCISSION OF FUNDS FOR PRINTING AND REPRODUCTION AND FOR
SUPPLIES AND MATERIALS.
(a) In General.--Of the funds made available in appropriations Acts
for fiscal year 1994 to the following agencies for printing and
reproduction and for supplies and materials, the following amounts are
rescinded:
(1) Department of Agriculture, $186,000,000.
(2) Department of Commerce, $6,000,000.
(3) Department of Health and Human Services, $22,400,000.
(4) Department of the Interior, $14,400,000.
(5) Department of Justice, $15,600,000.
(6) Department of Labor, $2,000,000.
(7) Department of State, $4,400,000.
(8) Department of the Treasury, $13,200,000.
(9) Department of Education, $400,000.
(10) Department of Energy, $2,800,000.
(11) Environmental Protection Agency, $11,200,000.
(12) Department of Transportation, $33,200,000.
(13) Department of Housing and Urban Development, $240,000.
(14) Department of Veterans Affairs, $97,200,000.
(b) Allocation.--The Director of the Office of Management and
Budget shall allocate the rescissions made by subsection (a) among the
appropriate accounts, and shall submit to the Congress a report setting
forth such allocation.
SEC. 554. STREAMLINING OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(a) In General.--During the 5-year period beginning on the date of
the enactment of this Act, the Secretary of Housing and Urban
Development shall streamline the headquarters, regional, and field
office structure of the Department of Housing and Urban Development by
consolidating various such offices and reducing the size of the
Department, without regard to the requirements of section 7(p) of the
Department of Housing and Urban Development Act.
(b) Workforce Reductions.--In carrying out subsection (a), during
the period referred to in such subsection, the Secretary of Housing and
Urban Development shall eliminate not less than 1,500 full-time
employment positions in the Department of Housing and Urban
Development.
SEC. 555. TERMINATION OF INTERSTATE COMMERCE COMMISSION.
(a) In General.--There are transferred to the Secretary, effective
January 1, 1994, all functions of the Commission.
(b) Authority of Office of Management and Budget.--The Director of
the Office of Management and Budget, in consultation with the
Commission and the Secretary, may make such determinations as may be
necessary with regard to the functions transferred by this section, and
make such additional incidental dispositions of assets, liabilities,
contracts, property, and records, as may be necessary to carry out the
provisions of this section. The unobligated funds of the Commission
shall not be transferred to the Department of Transportation in order
to carry out the transfer of functions under this section, and the
number of full-time employee positions within the Department of
Transportation shall not be increased as a result of such transfer of
functions.
(c) Joint Planning for Transfer.--The Chairman of the Commission
and the Secretary shall, beginning as soon as practicable after the
date of enactment of this section, jointly plan for the orderly
transfer of functions under this section.
(d) Interim Use of Interstate Commerce Commission Personnel.--Prior
to January 1, 1994, and with the consent of the Commission, the
Secretary may use the services of officers, employees, and other
personnel of the Commission under such terms and conditions as will
reasonably facilitate the orderly transfer of functions under this
section.
(e) Savings Provisions.--
(1) In general.--All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, and
privileges--
(A) which have been issued, made, granted, or
allowed to become effective by any agency or official
thereof, or by a court of competent jurisdiction, in
the performance of any function which is transferred by
this section to the Secretary from the Commission; and
(B) which are in effect immediately before the
transfer of functions by this section,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the Secretary or any other duly
authorized official, by any court of competent jurisdiction, or
by operation of law.
(2) Continuation of proceedings.--The transfer of functions
by this section shall not affect any proceedings, including
rulemaking proceedings, or any application for any license,
permit, or certificate, pending before the Commission
immediately before the transfer takes effect. Such proceedings
and applications shall be continued at the Department of
Transportation. Orders shall be issued in such proceedings, and
appeals shall be taken therefrom, as if this section had not
been enacted; and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or
revoked by the Secretary of Transportation, by a court of
competent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and
conditions and to the same extent that such proceeding could
have been discontinued or modified if this section had not been
enacted.
(3) Effect on pending civil actions.--Except as provided in
paragraph (5)--
(A) the transfer of any function under this section
shall not affect any civil action relating to such
function which is commenced prior to the date the
transfer takes effect; and
(B) in all such actions, proceedings shall be had,
appeals taken, and judgments rendered, in the same
manner and effect as if this section had not been
enacted.
(4) Nonabatement of actions.--No action or other proceeding
commenced by or against any officer in that officer's official
capacity as an officer of the Commission shall abate by reason
of the transfer of any function under this section. No cause of
action by or against the Commission, or by or against any
officer thereof in that officer's official capacity, shall
abate by reason of the transfer of any function under this
section.
(5) Judicial administrative provision.--If immediately
before the transfer of functions by this section the Commission
or any officer thereof in that officer's official capacity is a
party to an action relating to a function transfer by this
section, then such action shall be continued with the Secretary
or other appropriate official of the Department of
Transportation substituted or added as a party.
(6) References.--With respect to any function transferred
by this section and performed on or after the effective date of
the transfer, reference in any Federal law to the Interstate
Commerce Commission or the Commission (insofar as such term
refers to the Interstate Commerce Commission), or to any
officer or office thereof, shall be deemed to refer to the
Department of Transportation, or other official or component of
the Department of Transportation in which such function vests.
(7) Exercise of functions by secretary.--In the exercise of
any function transferred by this section, the Secretary shall
have the same authority as that vested in the Commission with
respect to such function immediately preceding its transfer,
and actions of the Secretary shall have the same force and
effect as when exercised by the Commission. Orders and actions
of the Secretary in the exercise of the functions transferred
under this section shall be subject to judicial review to the
same extent and in the same manner as if such orders and
actions had been by the Commission in the exercise of such
functions immediately preceding their transfer. Any statutory
requirements relating to notice, hearings, actions upon the
record, or administrative review that apply to any functions
transferred by this section shall apply to the exercise of such
functions by the Secretary.
(f) Reports.--No later than July 1, 1994, the Secretary shall
submit to the appropriate committees of Congress a report on the
functions transferred from the Commission to the Department of
Transportation under this section. The report shall include--
(1) an assessment of benefits compared to costs associated
with each of these functions, both with respect to persons
affected directly and to the public generally;
(2) recommendations for the elimination of functions
identified as redundant, or substantially the same as functions
or services which are performed by the Department of
Transportation or other public or private organizations prior
to the transfer of functions under this section; and
(3) recommendations to modify or eliminate those functions
that do not provide substantial economic or safety benefits to
the general public.
(g) Conforming Amendments.--
(1) Executive level pay rates.--
(A) Section 5314 of title 5, United States Code, is
amended by striking ``Chairman, Interstate Commerce
Commission.''.
(B) Section 5315 of title 5, United States Code, is
amended by striking ``Members, Interstate Commerce
Commission.''.
(2) Termination of commission.--Sections 10301 through
10308 of title 49, United States Code, are repealed.
(3) Effective date.--The amendments made by this section
shall become effective on January 1, 1994.
(h) Definitions.--In this section--
(1) the term ``Commission'' means the Interstate Commerce
Commission;
(2) the term ``function'' means a function, power, or duty;
and
(3) the term ``Secretary'' means the Secretary of
Transportation.
(i) Rescission and Transfer of Funds.--Of the funds made available
under the heading ``Interstate Commerce Commission--Salaries and
Expenses'' in the Department of Transportation and Related Agencies
Appropriations Act, 1994 (Pub. L. 103-122)--
(1) $18,000,000 is rescinded; and
(2) $15,000,000 shall be transferred to and merged with the
appropriation in such Act for ``DEPARTMENT OF TRANSPORTATION--
OFFICE OF THE SECRETARY--Immediate Office of the Secretary''.
SEC. 556. RESCISSION OF FUNDS FROM TENNESSEE VALLEY AUTHORITY FUND.
Of the funds in the Area and Regional Account of the Tennessee
Valley Authority Fund, $23,000,000 is rescinded.
SEC. 557. RESCISSION OF FUNDS FOR APPALACHIAN REGIONAL COMMISSION.
Of the funds made available under the heading ``Appalachian
Regional Commission'' in the Energy and Water Development
Appropriations Act, 1994 (Pub. L. 103-126), $59,000,000 is rescinded.
SEC. 558. IMPROVEMENTS TO MANAGMENT OF VETERANS' HOSPITALS.
The Secretary of Veterans Affairs, in consultation with the
Secretary of Health and Human Services, shall implement for the
Veterans Health Administration a financing system known as a
``Prospective Payment System''. In implementing such a system, the
Secretary shall classify each individual receiving health care and
services under chapter 17 of title 38, United States Code, in a
Diagnosis-Related Group (DRG). The Prospective Payment System
implemented by the Secretary shall be modeled as closely as is
practicable on the Prospective Payment System in use for the Medicare
program under title XVIII of the Social Security Act. The Secretary
may, to the extent necessary to implement this section, waive any
provisions of law inconsistent with this section. In implementing this
section, it shall be a goal of the Secretary to achieve savings in
outlays for the Department of Veterans Affairs medical system of not
less than $1,000,000,000 over the five-year period of fiscal years 1994
through 1998.
SEC. 559. RESCISSION OF FUNDS FOR LEGAL SERVICES CORPORATION.
Of the funds made available under the heading ``Legal Services
Corporation--Payment to the Legal Services Corporation'' in the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-121), $20,000,000 is
rescinded.
SEC. 560. TERMINATION OF STATE JUSTICE INSTITUTE.
(a) In General.--The State Justice Institute Act of 1984 (42 U.S.C.
10701 et seq.) is repealed.
(b) Rescission of Funds.--Of the funds made available under the
heading ``State Justice Institute--Salaries and Expenses'' in the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1994 (Pub. L. 103-121), $6,775,000 is
rescinded.
SEC. 561. IMPROVEMENT OF U.S. MARSHALS SERVICE.
(a) Phasing Out of Political Appointees.--
(1) Unconfirmed appointees.--Any individual serving as a
United States marshal to whose appointment to such office the
Senate has not given its advice and consent as of the date of
the enactment of this Act, may no longer serve in such position
on or after such date of enactment, except pursuant to
appointment by the Attorney General under the amendments made
by this section. The Attorney General shall, before appointing
any other individual to such vacated position, offer such
vacated position to the individual then serving as deputy
marshal in that office of United States marshal. The individual
appointed to fill such vacated position shall be appointed for
the remainder of the unexpired term of his or her predecessor.
(2) Confirmed appointees.--Any individual who, on the date
of the enactment of this Act, is a United States marshal to
whose appointment the Senate has given its advice and consent,
may not serve in such position on or after December 31, 1994,
except pursuant to appointment by the Attorney General under
the amendments made by this section. The Attorney General
shall, before appointing any other individual to such vacated
position, offer such vacated position to the individual then
serving as deputy marshal in that office of United States
marshal. The individual appointed to fill such vacated position
shall be appointed for the remainder of the unexpired term of
his or her predecessor.
(b) Appointment of United States Marshals.--Section 561 of title
28, United States Code, is amended--
(1) in subsection (c) by striking ``The President shall
appoint, by and with the advice and consent of the Senate,''
and inserting ``The Attorney General shall appoint''; and
(2) in subsection (d) by striking ``President'' and
inserting ``Attorney General''.
(c) Overall Reduction in Number of Positions.--
(1) Elimination of positions of deputy marshal.--The
position of deputy marshal in the 70 judicial districts having
the least population of all judicial districts shall be
abolished, as of--
(A) the date of the enactment of this Act, in a
case in which subsection (a)(1) applies; or
(B) the date on which the United States marshal
leaves office under the first sentence of subsection
(a)(2), in a case in which such subsection applies;
and no equivalent position in such districts shall thereafter
be created.
(2) Overall reduction.--The number of full-time equivalent
positions in the United States Marshals Service as of January
1, 1995, may not exceed the number of full-time equivalent
positions in the United States Marshals Service on the date of
the enactment of this Act, minus 70.
(d) Conforming Amendments.--(1) Section 562 of title 28, United
States Code, and the item relating to such section in the table of
sections at the beginning of chapter 37 of such title, are repealed.
(2) Section 569 of such title is amended--
(A) by striking ``(a)''; and
(B) by striking subsection (b).
SEC. 562. RESCISSION OF FUNDS FOR BATF.
Of the funds made available under the heading ``Bureau of Alcohol,
Tobacco and Firearms--Salaries and Expenses'' in the Treasury, Postal
Service, and General Government Appropriations Act, 1994 (Pub. L. 103-
123), $2,000,000 is rescinded.
SEC. 563. RESCISSION OF FUNDS FOR CONSTRUCTION OF NEW FEDERAL OFFICES
AND COURTHOUSES.
Of the funds made available under the heading ``General Services
Administration--Federal Buildings Fund'' in the Treasury, Postal
Service, and General Government Appropriations Act, 1994 (Pub. L. 103-
123), $288,000,000 is rescinded.
SEC. 564. LIMITATION ON OFFICE EQUIPMENT AND FURNISHINGS PURCHASES BY
DEPARTING MEMBERS OF HOUSE OF REPRESENTATIVES.
The first section of the Act entitled ``An Act to authorize the
disposition of certain office equipment and furnishings, and for other
purposes'', enacted October 20, 1974 (2 U.S.C. 59a) is repealed.
SEC. 565. RESCISSION OF FUNDS FOR EXECUTIVE OFFICE OF THE PRESIDENT.
(a) In General.--Of the funds made available for each account under
the heading ``Executive Office of the President and Funds Appropriated
to the President'' in the Treasury, Postal Service, and General
Government Appropriations Act, 1994 (Pub. L. 103-123), there is
rescinded an amount equal to 5 percent of such funds.
(b) Additional Offices.--Of the funds made available for each
account under the heading ``Executive Office of the President'' in the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1994 (Pub. L. 103-124), there
is rescinded an amount equal to 5 percent of such funds.
SEC. 566. RESCISSION OF FUNDS FOR LEGISLATIVE BRANCH.
(a) In General.--Of the funds made available for each account in
the Legislative Branch Appropriations Act, 1994 (Pub. L. 103-69), there
is rescinded an amount equal to 7.5 percent of such funds.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) funds made available under the heading ``Congressional
Operations--Senate''; or
(2) funds for which amounts are rescinded by section 317.
SEC. 567. RESCISSION OF FUNDS FOR HOUSE FRANKING.
Of the funds made available under the heading ``House of
Representatives--Salaries and Expenses'' in the Legislative Branch
Appropriations Act, 1994 (Pub. L. 103-69), $12,000,000 is rescinded, to
be derived from ``Official Mail Costs''.
SEC. 568. PROVISIONS RELATING TO ANNUAL PAY ADJUSTMENTS FOR MEMBERS OF
CONGRESS.
(a) Calendar Year 1994.--Notwithstanding section 601(a)(2) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), the cost of
living adjustment (relating to pay for Members of Congress) which would
become effective under such provision of law during calendar year 1994
shall not take effect.
(b) Limitation on Future Adjustments.--Effective as of December 31,
1994, paragraph (2) of section 601(a) of the Legislative Reorganization
Act of 1946 is amended--
(1) by striking ``(2) Effective'' and inserting ``(2)(A)
Subject to subparagraph (B), effective''; and
(2) by adding at the end the following:
``(B) In no event shall the percentage adjustment taking effect
under subparagraph (A) in any calendar year exceed the percentage
adjustment taking effect in such calendar year under section 5303 of
title 5, United States Code, in the rates of pay under the General
Schedule.''.
SEC. 569. SES ANNUAL LEAVE ACCUMULATION.
(a) In General.--Effective on the last day of the last applicable
pay period beginning in calendar year 1993, subsection (f) of section
6304 of title 5, United States Code, is repealed.
(b) Savings Provision.--Notwithstanding the amendment made by
subsection (a), in the case of an employee who, on the effective date
of subsection (a), is subject to subsection (f) of section 6304 of
title 5, United States Code, and who has to such employee's credit
annual leave in excess of the maximum accumulation otherwise permitted
by subsection (a) or (b) of section 6304, such excess annual leave
shall remain to the credit of the employee and be subject to reduction,
in the same manner as provided in subsection (c) of section 6304.
(c) Conforming Amendment.--Section 6304(a) of title 5, United
States Code, is amended by striking ``(e), (f), and (g)'' and inserting
``(e) and (g)'', effective as of the effective date of subsection (a).
(d) Rescission of Funds.--Of the aggregate funds made available to
executive departments and agencies in appropriations Act for fiscal
year 1994 for purposes of payments for accrued leave upon termination
of employment, $2,000,000 is rescinded. The Director of the Office of
Management and Budget shall allocate such rescission among the
appropriate accounts, and shall submit to the Congress a report setting
forth such allocation.
SEC. 570. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT 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 Positions.--The President,
through the Office of Management and Budget (in consultation with the
Office of Personnel 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 Office 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 requirements under
subsection (b) are met; and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal 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
employee 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 positions for all agencies equals or is
less than the applicable number required under subsection (b).
(e) Waiver.--Any provision of this section may be waived upon--
(1) a determination by the President of the existence of
war or a national security requirement; or
(2) the enactment of a joint resolution upon an affirmative
vote of three-fifths of the Members of each House of the
Congress duly chosen and sworn.
(f) Rescission of Funds.--Of the aggregate funds made available to
executive departments and agencies in appropriations Act for fiscal
year 1994 for purposes of employee compensation, $2,122,000,000 is
rescinded. The Director of the Office of Management and Budget shall
allocate such rescission among the appropriate accounts, and shall
submit to the Congress a report setting forth such allocation.
SEC. 571. RESCISSION OF FUNDS FOR TRAVEL ACCOUNTS.
(a) In General.--Of the funds made available in any appropriations
Act for fiscal year 1994 to any executive department or agency, or any
entity in the legislative branch, for purposes of official travel, 15
percent is rescinded. The Director of the Office of Management and
Budget shall allocate such rescission among the appropriate accounts,
and shall submit to the Congress a report setting forth such
allocation.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) the Department of Defense, the Department of Justice,
the Department of State, the Department of the Treasury, the
Department of Veterans Affairs, or any agency or office within
any such department; or
(2) the Office of Personnel Management in carrying out its
responsibilities under the Voting Rights Act of 1965.
SEC. 572. TERMINATION OF FEDERAL ADVISORY COMMITTEES.
(a) Termination.--The entities described in subsection (b) are
terminated.
(b) Entities Described.--The entities referred to in subsection (a)
are the following:
(1) Preservation of Jazz Advisory Commission.
(2) Mt. Saint Helen's Scientific Advisory Board.
(3) Advisory Panel for the Dictionary of Occupational
Titles.
(4) U.S. Army Medical Research and Development Advisory
Board.
(5) Secretary of the Navy's Advisory Committee on Naval
History.
(6) Scientific Advisory Committee on Effects.
(7) Advisory Committee on Publications Subvention.
(8) National Advisory Council on Educational Research and
Improvement.
(9) Advisory Panel for the Decontamination of TMI-2.
(10) Technical Advisory Group on Cigarette Fire Safety.
(11) Advisory Commission of Swine Health Protection.
(c) Savings Provisions.--
(1) Continuation of agreements, grants, contracts,
privileges, and other administrative actions.--All agreements,
grants, contracts, privileges, and other administrative
actions--
(A) which have been issued, made, granted, or
allowed to become effective by an entity described in
subsection (b) in the performance of its functions or
by a court of competent jurisdiction with respect to
those functions, and
(B) which are in effect on the date of the
enactment of this Act, or were final before that date
of enactment and are to become effective on or after
that date of enactment,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law.
(2) Suits not affected.--The provisions of this section
shall not affect suits commenced before the date of the
enactment of this Act, and in all such suits, proceedings shall
be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this section had not been
enacted.
(3) Suits involving council or office.--No suit, action, or
other proceeding commenced by or against an entity described in
subsection (b), or by or against any individual in the official
capacity of such individual as an officer or employee of such
an entity, shall abate by reason of the enactment of this
section.
SEC. 573. INCREASE IN THRESHOLD FOR APPLICATION OF DAVIS-BACON ACT.
(a) In General.--Subsection (a) of the first section of the Act of
March 3, 1931 (40 U.S.C. 276a et seq.) (known as the ``Davis-Bacon
Act'') is amended by striking ``$2,000'' and inserting ``$100,000''.
(b) Rescission of Funds.--Of the aggregate funds made available to
executive departments and agencies in appropriations Act for fiscal
year 1994 for purposes of construction activities under the Act of
March 3, 1931 (40 U.S.C. 276a et seq.) (known as the ``Davis-Bacon
Act'') or similar prevailing wage requirements applicable to projects
assisted by Federal funds, $62,000,000 is rescinded. The Director of
the Office of Management and Budget shall allocate such rescission
among the appropriate accounts, and shall submit to the Congress a
report setting forth such allocation.
SEC. 574. ELIMINATION OF CERTAIN REPORTS REQUIRED ON CONTRACTS COVERED
BY DAVIS-BACON ACT.
(a) In General.--The first sentence of section 2 of the Act of June
13, 1934, entitled ``An Act to effectuate the purpose of certain
statutes concerning rates of pay for labor, by making it unlawful to
prevent anyone from receiving the compensation contracted for
thereunder, and for other purposes'' (40 U.S.C. 276c) (known as the
``Copeland Act'') is amended by striking ``shall furnish weekly a
statement with respect to the wages paid each employee during the
preceding week'' and inserting ``shall furnish, at least once per
month, a statement of compliance with the labor standards provisions of
applicable law, certifying the payroll with respect to the wages paid
employees during the preceding period for which the statement is
furnished, covering each week any contract work is performed''.
(b) Rescission of Funds.--Of the aggregate funds made available to
executive departments and agencies in appropriations Act for fiscal
year 1994 for purposes of construction activities submitted under
section 2 of the Act of June 13, 1934 (40 U.S.C. 276c) (known as the
``Copeland Act''), $55,000,000 is rescinded. The Director of the Office
of Management and Budget shall allocate such rescission among the
appropriate accounts, and shall submit to the Congress a report setting
forth such allocation.
SEC. 575. FEES FOR APPLICATIONS FOR ALCOHOL LABELING AND FORMULA
REVIEWS.
(a) In General.--The Secretary of the Treasury or his delegate (in
this section referred to as the ``Secretary'') shall establish a
program requiring the payment of user fees for--
(1) requests for each certificate of alcohol label approval
required under the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.) and for each request for exemption from
such requirement, and
(2) requests for each formula review, and requests for each
statement of process (including laboratory tests and analyses),
under such Act or under chapter 51 of the Internal Revenue Code
of 1986.
(b) Program Criteria.--
(1) In general.--The fees charged under the program
required by subsection (a) shall be determined such that the
Secretary estimates that the aggregate of such fees received
during any fiscal year will be $5,000,000.
(2) Minimum fees.--The fee charged under the program
required by subsection (a) shall not be less than--
(A) $50 for each request referred to in subsection
(a)(1), and
(B) $250 for each request referred to in subsection
(a)(2).
(c) Application of Section.--Subsection (a) shall apply to requests
made on or after the 90th day after the date of the enactment of this
Act.
(d) Deposit and Credit as Offsetting Receipts.--The amounts
collected by the Secretary under the program required by subsection (a)
(to the extent such amounts do not exceed $5,000,000) shall be
deposited into the Treasury as offsetting receipts and ascribed to the
alcohol compliance program of the Bureau of Alcohol, Tobacco, and
Firearms.
SEC. 576. INCREASE IN SEC REGISTRATION FEES.
(a) Securities Act of 1933.--Section 6(b) of the Securities Act of
1933 (15 U.S.C. 77f(b)) is amended by striking ``one-fiftieth of 1 per
centum'' and inserting ``\1/29\ of 1 percent''.
(b) Securities Exchange Act of 1934.--Sections 13(e)(3) and
14(g)(1)(A)(i) of the Securities Exchange Act of 1934 (47 U.S.C.
78m(e)(3), 78n(g)(1)(A)(i)) are each amended by striking ``\1/50\ of 1
per centum'' and inserting ``\1/29\ of 1 percent''.
(c) Deposit and Credit as Offsetting Receipts.--The amounts
collected under the provisions amended by this section shall be
deposited into the Treasury as offsetting receipts and ascribed to the
salaries and expenses account of the Securities and Exchange
Commission.
(d) Applicability.--The amendments made by subsections (a) and (b)
shall not apply after September 30, 1998.
SEC. 577. TRAVEL, TOURISM, AND EXPORT PROMOTION FEES.
(a) Travel and Tourism Fees.--
(1) In general.--Each State that participates in marketing
activities or tourism promotion abroad through the United
States Travel and Tourism Administration shall pay a fee in an
amount determined by such Administration so that the total
receipts from such fees shall equal the budget of such
Administration.
(2) Deposit and credit as offsetting receipts.--The amounts
collected under this subsection shall be deposited into the
Treasury as offsetting receipts and ascribed to the salaries
and expenses account of the United States Travel and Tourism
Administration.
(b) Export Promotion Fees.--
(1) In general.--The Secretary of Commerce or his delegate
(in this subsection referred to as the ``Secretary'') shall
establish a program requiring the payment of user fees for all
services provided to all entities outside the Federal
Government by the International Trade Administration in
carrying out its export promotion programs.
(2) Setting of fees.--The fees charged under the program
required by paragraph (1) shall be determined such that the
Secretary estimates that the aggregate of such fees received
during the following fiscal years will equal the following
amounts:
(A) $100,000,000 during fiscal year 1994.
(B) $212,154,000 during fiscal year 1995.
(C) $224,821,000 during fiscal year 1996.
(D) $237,830,000 during fiscal year 1997.
(E) $251,648,000 during fiscal year 1998.
(3) Application of section.--Paragraph (1) shall apply to
services provided on or after the 90th day after the date of
the enactment of this Act.
(4) Definition.--As used in this subsection, the term
``export promotion program'' has the meaning given that term in
section 201(d) of the export administration amendments act of
1985 (15 U.S.C. 4051(d)) and includes--
(A) the provision of information and technical
assistance; and
(B) any form of assistance in the marketing of
goods and services.
(5) Deposit and credit as offsetting receipts.--The amounts
collected by the Secretary under the program required by
paragraph (1) (to the extent such amounts do not exceed the
amounts specified in paragraph (2)) shall be deposited into the
Treasury as offsetting receipts and ascribed to the operations
and administrations account of the International Trade
Administration.
Subtitle D--Human Resources
SEC. 581. SUBSTITUTION OF VOUCHER ASSISTANCE FOR PUBLIC HOUSING NEW
CONSTRUCTION.
(a) Termination of Assistance for Construction of Public Housing.--
(1) Loan authority.--After the date of the enactment of
this Act, the Secretary of Housing and Urban Development may
not enter into any new commitment to make loans under section 4
of the United States Housing Act of 1937 to public housing
agencies for the development or acquisition of public housing
projects by such agencies.
(2) Contribution authority.--After the date of the
enactment of this Act, the Secretary of Housing and Urban
Development may not enter into any new contract to make
contributions under section 5 of the United States Housing Act
of 1937 to public housing agencies for the development or
acquisition of public housing projects by such agencies.
(3) Existing commitments.--After the date of the enactment
of this Act, the Secretary of Housing and Urban Development may
make contributions and loans for the development or acquisition
of public housing projects only pursuant to legally binding
commitments to make such loans or contracts for such
contributions entered into on or before the date of the
enactment of this Act.
(4) Inapplicability to indian housing.--The provisions of
this section shall not apply to public housing developed
pursuant to a contract between the Secretary of Housing and
Urban Development and an Indian housing authority.
(5) Definitions.--For purposes of this section, the terms
``Indian housing authority'', ``project'', ``public housing'',
and ``public housing agency'' have the meanings given the terms
in section 3(b) of the United States Housing Act of 1937.
(b) Permissible Uses.--Vouchers for rental assistance provided with
the amounts made available under this section may be used for the
rental of dwelling units or costs of residency, as determined by
qualified voucher recipients.
(c) Rescission and Transfer of Funds.--Of the funds made available
under the heading ``Department of Housing and Urban Development--
Housing Programs--Annual Contributions for Assisted Housing'' in the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1994 (Pub. L. 103-124)--
(1) $367,000,000 is rescinded from the total amount under
such heading and from the amount specified under such heading
for the development or acquisition cost of public housing; and
(2) $230,701,000 of the amount specified under such heading
for the development or acquisition cost of public housing shall
be reallocated to and merged with the amount specified under
such heading for the housing voucher program under section 8(o)
of the United States Housing Act of 1937.
SEC. 582. REFORM OF HUD 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 increase 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 tripled since 1989, and, by the end
of 1993, may exceed 75,000 units;
(3) the cost to the Federal Government of owning and
maintaining multifamily housing projects escalated 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
mortgages, with over 230,000 units, are delinquent;
(5) the inventory of insured and formerly insured
multifamily housing projects is rapidly deteriorating,
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 effectively impedes
the Government's ability to dispose of properties, protect
tenants, and ensure that projects are maintained over time.
(b) Management and Disposition of Multifamily 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 MULTIFAMILY HOUSING PROJECTS.
``(a) Goals.--The Secretary of Housing and Urban Development (in
this section referred to as the `Secretary') shall manage or dispose of
multifamily housing 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 reasonable
available alternatives, further the goals of--
``(A) preserving housing so that it can remain
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 displacement of
tenants;
``(E) maintaining housing for the purpose of
providing rental housing, cooperative housing, and
homeownership opportunities for low-income persons; and
``(F) minimizing the need to demolish multifamily
housing projects.
The Secretary, in determining the manner in which a project is to be
managed or disposed of, may balance competing goals relating to
individual projects in a manner that will further the purposes of this
section.
``(b) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Multifamily housing project.--The term `multifamily
housing project' means any multifamily 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 `subsidized project'
means a multifamily housing project receiving any of the
following types of assistance immediately prior to the
assignment of the mortgage on such project to, or the
acquisition of such mortgage by, the Secretary:
``(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 section 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
Development Act of 1965;
``(ii) housing assistance payments made
under section 23 of the United States Housing
Act of 1937 (as in effect before January 1,
1975); or
``(iii) 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 multifamily housing project owned
by the Secretary that was a subsidized project immediately
prior to its acquisition by the Secretary.
``(4) Unsubsidized project.--The term `unsubsidized
project' means a multifamily housing project owned by the
Secretary that is not a subsidized project or a formerly
subsidized project.
``(c) Management or Disposition of Property.--
``(1) Disposition to purchasers.--The Secretary is
authorized, in carrying out this section, to dispose of a
multifamily housing project owned by the Secretary on a
negotiated, competitive bid, or other basis, on such terms as
the Secretary deems appropriate considering the low-income
character of the project and the requirements of subsection
(a), to a purchaser determined by the Secretary to be capable
of--
``(A) satisfying the conditions of the disposition;
``(B) implementing a sound financial and physical
management program that is designed to enable the
project to meet anticipated operating and repair
expenses to ensure that the project will remain in
decent, safe, and sanitary condition;
``(C) responding to the needs of the tenants and
working cooperatively with tenant organizations;
``(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 services.--The Secretary
is authorized, in carrying out this section--
``(A) to 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, competitive bid, or other
basis at a price determined by the Secretary to be
reasonable, with a manager the Secretary has determined
is capable of--
``(i) implementing a sound financial and
physical management program that is designed to
enable the project to meet anticipated
operating and maintenance expenses to ensure
that the project will remain in decent, safe,
and sanitary condition;
``(ii) responding to the needs of the
tenants and working cooperatively with tenant
organizations;
``(iii) providing adequate organizational,
staff, and other resources to implement a
management program determined by the Secretary;
and
``(iv) meeting such other requirements as
the Secretary may determine;
``(B) to require the owner of a multifamily housing
project that is subject to a mortgage held by the
Secretary to contract for management services for the
project in the manner described in subparagraph (A).
``(d) Maintenance of Housing Projects.--
``(1) Housing projects owned by the secretary.--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--
``(A) to the greatest extent possible, maintain all
such occupied projects in a decent, safe, and sanitary
condition;
``(B) to the greatest extent possible, maintain
full occupancy in all such projects; and
``(C) maintain all such projects for purposes of
providing rental or cooperative housing.
``(2) Housing projects subject to a mortgage held by the
secretary.--In the case of any multifamily housing project that
is subject to a mortgage held by the Secretary, the Secretary
shall require the owner of the project to carry out the
requirements of paragraph (1).
``(e) Required Assistance.--In carrying out the goal specified in
subsection (a)(3)(A), the Secretary shall take not less than one of the
following actions:
``(1) Contract with owner.--Enter into contracts under
section 8 of the United States Housing Act of 1937, to the
extent budget authority is available, with owners of
multifamily housing projects that are acquired by a purchaser
other than the Secretary at foreclosure or after sale by the
Secretary:
``(A) Subsidized or formerly subsidized projects
receiving certain assistance.--In the case of a
subsidized or formerly subsidized project referred to
in subparagraphs (A) through (C) of subsection (b)(2)--
``(i) the contract shall be sufficient to
assist at least all units covered by an
assistance contract under any of the
authorities referred to in subsection (b)(2)(D)
before acquisition, unless the Secretary acts
pursuant to the provisions of subparagraph (C);
``(ii) in the case of units requiring
project-based rental assistance pursuant to
this paragraph that are occupied by families
who are not eligible for assistance under
section 8, a contract under this subparagraph
shall also provide that when a vacancy occurs,
the owner shall lease the available unit to a
family eligible for assistance under section 8;
and
``(iii) the Secretary shall take actions to
ensure the availability and affordability, as
defined in paragraph (3)(B), for the remaining
useful life of the project, as defined by the
Secretary, of any unit located in any project
referred to in subparagraphs (A) through (C) of
subsection (b)(2) that does not otherwise
receive project-based assistance under this
subparagraph. To carry out this clause, the
Secretary may require purchasers to establish
use or rent restrictions maintaining
affordability, as defined in paragraph (3)(B).
``(B) Subsidized or formerly subsidized projects
receiving other assistance.--In the case of a
subsidized or formerly subsidized project referred to
in subsection (b)(2)(D)--
``(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 authorities referred to in such
subsection, unless the Secretary acts pursuant
to provisions of subparagraph (C); and
``(ii) in the case of units requiring
project-based rental assistance pursuant to
this paragraph that are occupied by families
who are not eligible for assistance under
section 8, a contract under this paragraph
shall also provide that when a vacancy occurs,
the owner shall lease the available unit to a
family eligible for assistance under section 8.
``(C) Exceptions to subparagraphs (a) and (b).--In
lieu of providing project-based assistance under
subparagraph (A) or (B), 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 matches any reduction
in units otherwise required to be assisted with
project-based assistance under subparagraph (A)
or (B) with at least an equivalent increase in
units made affordable to very low-income
persons within unsubsidized projects;
``(ii) low-income tenants residing in units
otherwise requiring project-based assistance
under subparagraph (A) or (B) upon disposition
receive section 8 tenant-based assistance; and
``(iii) the units described in clause (i)
are located within the same market area.
``(D) Contract requirements for unsubsidized
projects.--Notwithstanding actions taken pursuant to
subparagraph (C), in unsubsidized projects, the
contract shall at least be sufficient to provide--
``(i) project-based rental assistance for
all units that are covered or were covered
immediately before foreclosure or acquisition
by an assistance contract under--
``(I) section 8(b)(2) of the United
States Housing Act of 1937 (as such
section existed before October 1, 1983)
(new construction and substantial
rehabilitation); section 8(b) of such
Act (property disposition); section
8(d)(2) of such Act (project-based
certificates); section 8(e)(2) of such
Act (moderate rehabilitation); section
23 of such Act (as in effect before
January 1, 1975); or section 101 of the
Housing and Urban Development Act of
1965 (rent supplements); or
``(II) section 8 of the United
States Housing Act of 1937, following
conversion from section 101 of the
Housing and Urban Development Act of
1965; and
``(ii) tenant-based assistance under
section 8 of the United States Housing Act of
1937 for tenants currently residing in units
that were covered by an assistance contract
under the Loan Management Set-Aside program
under section 8(b) of the United States Housing
Act of 1937 immediately before foreclosure or
acquisition of the project by the Secretary.
``(2) Annual contribution contracts.--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, enter into annual contribution contracts with public
housing agencies to provide tenant-based assistance under
section 8 of the United States Housing Act of 1937 to all low-
income families who are eligible for such assistance on the
date that the project is acquired by the purchaser. The
Secretary shall take action under this paragraph only after
making a determination that there is available in the area an
adequate supply of habitable affordable housing for low-income
families. Actions taken pursuant to this paragraph may be taken
in connection with not more than 10 percent of the aggregate
number of units in subsidized or formerly subsidized projects
disposed of by the Secretary annually.
``(3) Other assistance.--
``(A) In general.--In accordance with the authority
provided under the National Housing Act, reduce the
selling price, apply use or rent restrictions on
certain 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
which will ensure that--
``(i) at least those units otherwise
required to receive project-based section 8
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 restrictions
as the Secretary may prescribe.
``(B) Definition.--A unit shall be considered
affordable under this paragraph if--
``(i) for very low-income tenants, the rent
for such unit does not exceed 30 percent of 50
percent of the area median income, as
determined by the Secretary, with adjustments
for family size; and
``(ii) for low-income tenants other than
very low-income tenants, the rent for such unit
does not exceed 30 percent of 80 percent of the
area median income, as determined by the
Secretary, with adjustments for family size.
``(C) Very low-income tenants.--The Secretary shall
provide assistance under section 8 of the United States
Housing Act of 1937 to any very low-income tenant
currently residing in a unit otherwise required to
receive project-based assistance under section 8,
pursuant to subparagraph (A), (B), or (D) of paragraph
(1), if the rents charged such tenants as a result of
actions taken pursuant to this paragraph exceed the
amount payable as rent under section 3(a) of the United
States Housing Act of 1937.
``(4) Transfer for use under other programs of the
secretary.--
``(A) In general.--Enter into an agreement
providing for the transfer of a multifamily housing
project--
``(i) to a public housing agency for use of
the project as public housing; or
``(ii) to an owner or another appropriate
entity for use of the project under section 202
of the Housing Act of 1959 or under section 811
of the Cranston-Gonzalez National Affordable
Housing Act.
``(B) Requirements for agreement.--The agreement
described in subparagraph (A) shall--
``(i) contain such terms, conditions, and
limitations as the Secretary determines
appropriate, including requirements to assure
use of the project under the public housing,
section 202, and section 811 programs; and
``(ii) ensure that no current tenant will
be displaced as a result of actions taken under
this paragraph.
``(f) Other Assistance.--In addition to the actions authorized by
subsection (e), the Secretary may take any of the following actions:
``(1) Short-term loans.--Provide short-term loans to
facilitate the sale of multifamily housing projects to
nonprofit organizations or to public agencies if--
``(A) authority for such loans is provided in
advance in an appropriations Act;
``(B) such loans are for a term of not more than 5
years;
``(C) the Secretary is presented with satisfactory
documentation, evidencing a commitment of permanent
financing to replace such short-term loan, from a
lender who meets standards set forth by the Secretary;
and
``(D) the terms of such loans are consistent with
prevailing practices in the marketplace or the
provision of such loans results in no cost to the
Government, as defined in section 502 of the
Congressional Budget Act.
``(2) Tenant-based assistance.--In connection with projects
referred to in subsection (e), make available tenant-based
assistance under section 8 of the United States Housing Act of
1937 to very low-income families (as defined in section 3(b)(2)
of the United States Housing Act of 1937) that do not otherwise
qualify for project-based assistance.
``(3) Alternative uses.--
``(A) In general.--Notwithstanding any other
provision of law, and subject to notice to and comment
from existing tenants, allow not more than--
``(i) 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 made available for uses other than
rental or cooperative uses, including low-
income homeownership opportunities, or in any
particular project, community space, office
space for tenant or housing-related service
providers or security 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 manner, if the
Secretary and the unit of general local
government or area-wide governing body
determine that such use will further fair
housing, community development, or neighborhood
revitalization goals.
``(B) Displacement protection.--The Secretary shall
make available tenant-based rental assistance under
section 8 of the United States Housing Act of 1937 to
any tenant displaced as a result of actions taken by
the Secretary pursuant to subparagraph (A), and the
Secretary shall take such actions as the Secretary
determines necessary to ensure the successful use of
any tenant-based assistance.
``(g) Authorization of Use or Rent Restrictions in Unsubsidized
Projects.--In carrying out the goals specified in subsection (a), the
Secretary may require certain units in unsubsidized projects to contain
use or rent restrictions providing that such units will be available to
and affordable by very low-income persons for the remaining useful life
of the property, as defined by the Secretary.
``(h) Contract Requirements.--
``(1) Contract term.--
``(A) In general.--Contracts for project-based
rental assistance under section 8 of the United States
Housing Act of 1937 provided pursuant to this section
shall be for a term of not more than 15 years; and
``(B) Contract term of less than 15 years.--
Notwithstanding subparagraph (A), to the extent that
units receive project-based assistance for a contract
term of less than 15 years, the Secretary shall require
that rents charged to tenants for such units 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.
``(2) Contract rent.--
``(A) In general.--The Secretary shall set contract
rents for section 8 project-based rental contracts
issued under this section at levels that, in
conjunction with other resources available to the
purchaser, provide for the necessary costs of
rehabilitation of such project and do not exceed the
percentage of the existing housing fair market rents
for the area (as determined by the Secretary under
section 8(c) of the United States Housing Act of 1937)
as the Secretary may prescribe.
``(B) Up-front grants and loans.--If such an
approach is determined to be more cost-effective, the
Secretary may utilize the budget authority provided for
project-based section 8 contracts issued under this
section to--
``(i) provide project-based section 8
rental assistance; and
``(ii)(I) provide up-front grants for the
necessary cost of rehabilitation; or
``(II) pay for any cost to the Government,
as defined in section 502 of the Congressional
Budget Act, for loans made pursuant to
subsection (f)(1).
``(i) Disposition Plan.--
``(1) In general.--Prior to the sale of a multifamily
housing project that is owned by the Secretary, the Secretary
shall develop a disposition 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
acceptable 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
reflect the intended use of the property after sale.
``(2) Community and tenant input into disposition plans and
sales.--
``(A) In general.--In carrying out this section,
the Secretary shall develop procedures 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.
``(B) Tenant organizations.--The Secretary shall
develop procedures to facilitate, where feasible and
appropriate, the sale of multifamily housing projects
to existing tenant organizations with demonstrated
capacity or to public or nonprofit entities which
represent or are affiliated with existing tenant
organizations.
``(C) Technical assistance.--
``(i) Use of funds.--To carry out the
procedures developed under subparagraphs (A)
and (B), the Secretary is authorized to provide
technical assistance, directly or indirectly,
and to use amounts appropriated for technical
assistance under the Emergency Low Income
Housing Preservation Act of 1987, the Low-
Income Housing Preservation and Resident
Homeownership Act of 1990, subtitle B of title
IV of the Cranston-Gonzalez National Affordable
Housing Act, or under this section for the
provision of technical assistance under this
section.
``(ii) Source of funds.--Recipients of
technical assistance funding under the
Emergency Low Income Housing Preservation Act
of 1987, the Low-Income Housing Preservation
and Resident Homeownership Act of 1990,
subtitle B of title IV of the Cranston-Gonzalez
National Affordable Housing Act, or under this
section shall be permitted to provide technical
assistance to the extent of such funding under
any of such programs or under this section,
notwithstanding the source of funding.
``(j) Right of First Refusal.--
``(1) Procedure.--
``(A) Notification by secretary of the acquisition
of title.--Not later than 30 days after acquiring title
to a project, the Secretary shall notify the unit of
general local government and the State agency or
agencies designated by the Governor of the acquisition
of such title.
``(B) Expression of interest.--Not later than 45
days after receiving notification from the Secretary
under subparagraph (A), the unit of general local
government or designated State agency may submit to the
Secretary a preliminary expression of interest in the
project. The Secretary may take such actions as may be
necessary to require the unit of general local
government or designated State agency to substantiate
such interest.
``(C) Timely expression of interest.--If the unit
of general local government or designated State agency
has expressed interest in the project before the
expiration of the 45-day period referred to in
subparagraph (B), and has substantiated such interest
if requested, the Secretary, upon approval of a
disposition plan for a project, shall notify the unit
of general local government and designated State agency
of the terms and conditions of the disposition plan and
give the unit of general local government or designated
State agency not more than 90 days after the date of
such notification to make an offer to purchase the
project.
``(D) No timely expression of interest.--If the
unit of general local government or designated State
agency does not express interest before the expiration
of the 45-day period referred to in subparagraph (B),
or does not substantiate an expressed interest if
requested, the Secretary, upon approval of a
disposition plan, may offer the project for sale to any
interested person or entity.
``(2) Acceptance of offers.--Where the Secretary has given
the unit of general local government or designated State agency
90 days to make an offer to purchase the project, the Secretary
shall accept an offer that complies with the terms and
conditions of the disposition plan. 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 further 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 Secretary shall, in
particular, have discretion to reduce the initial sales price
in exchange for the extension of low-income affordability
restrictions beyond the period of assistance contemplated by
the attachment of assistance pursuant to subsection (e). If the
Secretary and the unit of general local government or
designated State agency cannot reach agreement within 90 days,
the Secretary may offer the project for sale to the general
public.
``(3) 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
housing agency) or designated State agency may purchase a
subsidized or formerly subsidized project in accordance with
this subsection.
``(4) 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 Secretary may apply--
``(A) the requirements of paragraphs (2) and (3) of
section 203(e) as such paragraphs existed immediately
before the effective date of this subsection; or
``(B) the requirements of paragraphs (1) and (2) of
this subsection, if the Secretary gives the unit of
general local government or designated State agency--
``(i) 45 days to express interest in the
project; and
``(ii) if the unit of general local
government or designated State agency expresses
interest in the project before the expiration
of the 45-day period, and substantiates such
interest if requested, 90 days from the date of
notification of the terms and conditions of the
disposition plan to make an offer to purchase
the project.
``(k) 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 mortgagee in possession), the Secretary shall
identify tenants who will be displaced, and shall notify all
such tenants of their pending displacement and of any
relocation assistance which may be available. In the case of a
multifamily housing project that is not owned by the Secretary
(and for which the Secretary is not mortgagee in possession),
the Secretary shall require the owner of the project to carry
out the requirements of this paragraph.
``(2) Rights of displaced tenants.--The Secretary shall
assure for any such tenant (who continues to meet applicable
qualification standards) the right--
``(A) to return, whenever possible, to a repaired
unit;
``(B) to occupy a unit in another multifamily
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 relocation
assistance as the Secretary determines to be
appropriate.
``(l) Mortgage and Project Sales.--
``(1) In general.--The Secretary may not approve 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 transaction that
will ensure that such project will continue 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 Secretary may not
approve the sale of any subsidized project--
``(A) that is subject to a mortgage held by the
Secretary; or
``(B) if the sale transaction involves the
provision of any additional subsidy funds by the
Secretary or a recasting of the mortgage, unless such
sale is made as part of a transaction that will ensure
that such project will continue to operate at least
until the maturity date of the loan or mortgage, in a
manner that will provide rental housing on terms at
least as 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 proposed
sale of the project.
``(3) Mortgage sales to state and local governments.--
Notwithstanding any provision of law that may require
competitive sales or bidding, the Secretary may carry out
negotiated sales of subsidized or formerly subsidized mortgages
held by the Secretary, without the competitive selection of
purchasers 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 include the
agreement of the purchasing agency or unit of local
government or State agency to act as mortgagee or owner
of a beneficial interest 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 applicable
mortgage insurance program, including, to the extent
the Secretary determines appropriate, authorizing such
unit of local government or State agency to enforce the
provisions of any regulatory agreement or other program
requirements applicable to the related projects; and
``(B) the sale 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 government or State agency, consistent
with the expectation and intention that the projects
financed will be retained for use under the applicable
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 mortgages held on unsubsidized projects on such terms and
conditions as the Secretary may prescribe.
``(m) Report to Congress.--Not later than June 1 of each year, the
Secretary shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Banking, Finance and Urban
Affairs of the House of Representatives, a report describing the status
of multifamily housing projects owned by or subject to mortgages held
by the Secretary, which report shall include--
``(1) the name, address, and size of each project;
``(2) the nature and date of assignment;
``(3) the status of the mortgage;
``(4) the physical condition of the project;
``(5) an occupancy profile of the project, including the
income, family size, and race of current residents as well as
the rents paid by such residents;
``(6) the proportion of units in a project that are vacant;
``(7) the date on which the Secretary became mortgagee in
possession;
``(8) the date and conditions of any foreclosure sale;
``(9) the date of acquisition by the Secretary;
``(10) the date and conditions of any property disposition
sale;
``(11) a description of actions undertaken pursuant to this
section, including--
``(A) a comparison of results between actions taken
after enactment of the Housing and Community
Development Act of 1993 and actions taken in years
prior to such enactment;
``(B) a description of any impediments to the
disposition or management of multifamily housing
projects, together with a recommendation of proposed
legislative or regulatory changes designed to
ameliorate such impediments;
``(C) a description of actions taken to restructure
or commence foreclosure on delinquent multifamily
mortgages held by the Department; and
``(D) a description of actions taken to monitor and
prevent the default of multifamily housing mortgages
held by the Federal Housing Administration;
``(12) a description of any of the functions performed in
connection with this section that are contracted out to public
or private entities or to States, including--
``(A) the costs associated with such delegation;
``(B) the implications of contracting out or
delegating such functions for current Department field
or regional personnel, including anticipated personnel
or work load reductions;
``(C) necessary oversight required by Department
personnel, including anticipated personnel hours
devoted to such oversight;
``(D) a description of any authority granted to
such public or private entities or States in
conjunction with the functions that have been delegated
or contracted out or that are not otherwise available
for use by Department personnel; and
``(E) the extent to which such public or private
entities or States include tenants of multifamily
housing projects in the disposition planning for such
projects;
``(13) a description of the activities carried out under
subsection (j) during the preceding year; and
``(14) a description and assessment of the rules,
guidelines, and practices governing the Department's management
of multifamily housing projects that are owned by the Secretary
(or for which the Secretary is mortgagee in possession) as well
as the steps that the Secretary has taken or plans to take to
improve the management performance of the Department.''.
(c) Effective Date.--The Secretary shall, by notice published in
the Federal Register, which shall take effect upon publication,
establish such requirements as may be necessary to implement the
amendments made by this section. The notice shall invite public
comments, and the Secretary shall issue final regulations based on the
initial notice, taking into account any public comments received.
SEC. 583. TERMINATION OF ANNUAL DIRECT GRANT ASSISTANCE
(a) Termination.--Pursuant to section 704(d) of the Covenant to
Establish a Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America (48 U.S.C. 1681 note), the
annual payments under section 702 of the Covenant shall terminate as of
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.
Subtitle E--Social Services and Retirement
SEC. 591. INCREASE IN RETIREMENT AGE UNDER FERS TO 65.
(a) In General.--Chapter 84 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VIII--SPECIAL RULES FOR CERTAIN POST-1993 NEW EMPLOYEES
AND MEMBERS
``Sec. 8481. Applicability
``(a) This subchapter sets forth special rules in conformance with
which this chapter shall be applied with respect to any employee who
first becomes an employee subject to this chapter, or who is first
elected as a Member, after December 31, 1993.
``(b) Nothing in this subchapter shall be considered to apply with
respect to any employee or Member not described in subsection (a) or to
have any effect except for the purpose referred to in such subsection.
``Sec. 8482. Immediate retirement
``Deem section 8412 to be amended as follows:
``(1) Subsection (c) is amended by striking `62' and
inserting `65'.
``(2) Subsections (a), (b), (f), and (g) are repealed.
``Sec. 8483. Deferred retirement
``Deem section 8413 to be amended as follows:
``(1) Subsection (a) is amended by striking `62' and
inserting `65'.
``(2) Subsection (b) is repealed.
``Sec. 8484. References to age 62
``(a) Deem section 8415 to be amended as follows:
``(1) Subsection (f) is repealed.
``(2) Subsection (g)(2)(B) is amended by striking `is at
least 62 years of age and'.
``(b) Deem section 8442 to be amended in subsections (c)(2)(B) and
(g)(2)(B) by striking `62' each place it appears and inserting `65'.
``(c) Deem section 8452(b)(1) to be amended by striking `sixty-
second' and inserting `sixty-fifth'.''.
(b) Chapter Analysis.--The analysis for chapter 84 of title 5,
United States Code, is amended by adding at the end the following:
``special rules for certain post-1993 new employees and members
``8481. Applicability.
``8482. Immediate retirement.
``8483. Deferred retirement.
``8484. References to age 62.''.
SEC. 592. PROVISION RELATING TO GOVERNMENT CONTRIBUTIONS TO THE THRIFT
SAVINGS PLAN.
Section 8432(c)(2)(B) of title 5, United States Code, is amended by
adding at the end the following:
``Clause (ii) shall not apply with respect to any employee or Member
described in section 8481(a).''.
SEC. 593. DEFERRAL UNTIL AGE 62 OF COST-OF-LIVING ADJUSTMENTS FOR
MILITARY RETIREES WHO FIRST ENTERED MILITARY SERVICE ON
OR AFTER JANUARY 1, 1994.
Section 1401a(b)(1) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``In the case of a member
or former member under age 62 (other than a member retired under
chapter 61 of this title) who first became a member on or after January
1, 1994, such increase shall not become payable as part of the retired
pay of the member or former member until the month in which the member
or former member becomes 62 years of age.''.
SEC. 594. CONSOLIDATION OF CERTAIN SOCIAL SERVICES PROGRAMS INTO A
SINGLE BLOCK GRANT PROGRAM.
(a) At-Risk Child Care Program Merged Into Program of Block Grants
to States for Social Services.--
(1) Consolidation of services.--Section 2002(a)(2)(A) of
the Social Security Act (42 U.S.C. 1397a(a)(2)(A)) is amended
by inserting ``(including services that could have been
provided under section 402(i), as in effect immediately before
the effective date of section 504 of the Common Cents Deficit
Reduction Act of 1993)'' after ``child care services''.
(2) Consolidation of funding.--Section 2003(c) of such Act
(42 U.S.C. 1397b(c)) is amended--
(A) in paragraph (4), by striking ``and'';
(B) in paragraph (5), by striking ``each fiscal
year after fiscal year 1989.'' and inserting ``the
fiscal years 1990, 1991, 1992, 1993, and 1994; and'';
and
(C) by adding at the end the following:
``(6) $2,976,000,000 for each of the fiscal years 1995,
1996, 1997, and 1998.''.
(b) Certain Discretionary Social Services Programs Merged into
Program of Block Grants to States for Social Services but Left
Discretionary.--
(1) Consolidation of services.--Section 2002 of such Act
(42 U.S.C. 1397a) is amended--
(A) in subsection (a), by adding at the end the
following:
``(3) In addition to payments pursuant to paragraph (1), the
Secretary may make payments to a State under this title for a fiscal
year in an amount equal to its additional allotment for such fiscal
year, to be used by such State for services directed at the goals set
forth in section 2001, subject to the requirements of this title.
``(4) For purposes of paragraph (3)--
``(A) services which are directed at the goals set forth in
section 2001 include services that could have been provided
under--
``(i) the Community Services Block Grant Act;
``(ii) the Child Care and Development Block Grant
Act of 1990;
``(iii) title III or VII of the Older Americans Act
of 1965; or
``(iv) the State Dependent Care Development Grants
Act,
as in effect immediately before the effective date of section
504 of the Common Cents Deficit Reduction Act of 1993; and
``(B) expenditures for such services may include
expenditures described in paragraph (2)(B).''; and
(B) in each of subsections (b), (c), and (d), by
inserting ``or additional allotment'' after
``allotment'' each place such term appears.
(2) Consolidation of funding.--Section 2003 of such Act (42
U.S.C. 1397b) is amended by adding at the end the following:
``(d) The additional allotment for any fiscal year to each State
shall be determined in the same manner in which the allotment for the
fiscal year is determined for the State under the preceding subsections
of this section, except that, in making such determination the
following amounts shall be used in lieu of the amount specified in
subsection (c):
``(1) $2,301,000,000 for the fiscal year 1995.
``(2) $2,359,000,000 for the fiscal year 1996.
``(3) $2,419,000,000 for the fiscal year 1997.
``(4) $2,478,000,000 for the fiscal year 1998.''.
(c) Conforming Amendments and Repeals.--
(1) Community services block grant act.--The Community
Services Block Grant Act (42 U.S.C. 9901 et seq.) is hereby
repealed.
(2) Child care and development block grant act of 1990.--
The Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.) is hereby repealed.
(3) Older americans act of 1965.--The Older Americans Act
of 1965 (42 U.S.C. 3001 et seq.) is amended by striking titles
III and VII.
(4) State dependent care development grants act.--The State
Dependent Care Development Grants Act (42 U.S.C. 9871 et seq.)
is hereby repealed.
(5) At-risk child care program.--
(A) Program authority.--Section 402 of the Social
Security Act (42 U.S.C. 602) is amended--
(i) in subsection (g)(7), by striking ``and
subsection (i)''; and
(ii) by striking subsection (i).
(B) Funding provisions.--Section 403 of the Social
Security Act (42 U.S.C. 603) is amended by striking
subsection (n).
(d) Effective Date.--The amendments and repeals made by this
section shall take effect on October 1, 1994.
SEC. 595. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) In General.--Section 401(b)(8) the Higher Education Act of 1965
(20 U.S.C. 1070a(b)(8)) is amended to read as follows:
``(8) No basic grant shall be awarded under this subpart to any
individual who is incarcerated in any Federal or State penal
institution.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to periods of enrollment beginning on or after the date of
enactment of this Act.
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Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Social Security.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Surface Transportation.
Referred to the Subcommittee on Public Buildings and Grounds.
Referred to the Subcommittee on Economic Development.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Hospitals and Health Care.
Referred to the Subcommittee on Postsecondary Education and Training.
Referred to the Subcommittee on Labor Standards, Occupational Health and Safety.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Housing and Community Development.
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Referred to the Subcommittee on Health and the Environment.
Referred to the Subcommittee on Energy and Power.
Referred to the Subcommittee on Telecommunications and Finance.
Referred to the Subcommittee on Transportation and Hazardous Materials.
Referred to the Subcommittee on Oversight and Investigations.
Referred to the Subcommittee on Intellectual Property and Judicial Administration.
Referred to the Subcommittee on Foreign Agriculture and Hunger.
See H.R.4278.