[DOCID: f:h1923ih.txt]
104th CONGRESS
1st Session
H. R. 1923
To balance the budget of the United States Government by restructuring
Government, reducing Federal spending, eliminating the deficit,
limiting bureaucracy, and restoring federalism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 1995
Mr. Solomon (for himself, Mr. Goss, Mr. Hancock, Mr. Upton, Mr. Zeliff,
Mr. Neumann, and Mr. Zimmer) introduced the following bill; which was
referred to the Committee on Government Reform and Oversight, and in
addition to the Committees on National Security, Banking and Financial
Services, International Relations, Science, Commerce, Resources, Rules,
Transportation and Infrastructure, Agriculture, Small Business, the
Judiciary, Ways and Means, Economic and Educational Opportunities, the
Budget, Veterans' Affairs, House Oversight, and Intelligence (Permanent
Select), for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To balance the budget of the United States Government by restructuring
Government, reducing Federal spending, eliminating the deficit,
limiting bureaucracy, and restoring federalism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS
(a) Short Title.--This Act may be cited as the ``Restructuring a
Limited Government Act''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents
Sec. 2. Effective date.
TITLE I--NATIONAL DEFENSE
Subtitle A--Restore Defense Spending
Sec. 1001. Conformance with bottom up review.
Subtitle B--Rescission of Funding for Programs Not Requested by the
Department of Defense
Sec. 1111. Rescission of funds for general purpose bomb program.
Sec. 1112. Rescission of funds for C-12F aircraft program.
Sec. 1113. Rescission of funds for P-3 upgrade program.
Subtitle C--Limitations on Funding for Certain Programs for Fiscal Year
1996
Sec. 1211. Environmental defense fund.
Sec. 1212. Former Soviet Union threat reduction.
Subtitle D--Department of Defense Administrative Reforms
Sec. 1311. Military severance pay.
Sec. 1312. Restriction on eligibility for aviation career incentive
pay.
Sec. 1313. Cancellation of learning resource center program.
Subtitle E--Department of Defense Program Reforms
Sec. 1411. Intelligence community reorganization and personnel
reduction.
Sec. 1412. Limitation on procurement of Seawolf submarine program.
Sec. 1413. Required disposal of excess and obsolete materials in
National Defense Stockpile.
TITLE II--INTERNATIONAL AFFAIRS
Subtitle A--Reduce Multilateral Development Bank Credit Assistance
Sec. 2001. Reduction of credit assistance by the Export-Import Bank of
the United States.
Sec. 2002. Termination of capital contributions to certain multilateral
development institutions.
Sec. 2003. Deobligation of certain unexpended foreign economic
assistance funds.
Sec. 2004. Reduction in contribution to International Development
Association.
Sec. 2005. Reduction of Economic Support Fund assistance.
Sec. 2006. Reduction of bilateral development assistance.
Sec. 2007. Limitation on United States contributions to the United
Nations.
Subtitle B--Reduce Foreign Aid Direct Assistance
Sec. 2101. Reduction in assistance for Eastern Europe and the Baltic
States.
Sec. 2102. Prohibition on foreign assistance to Russia.
Subtitle C--Reduce Humanitarian Assistance Programs
Sec. 2201. Authorization of appropriations for educational and cultural
exchange programs.
Sec. 2202. Peace Corps funding.
Sec. 2203. Assistance for the Middle East.
Sec. 2204. Elimination of Public Law 480 title I and title III
programs.
Sec. 2205. Abolition of Foreign Claims Settlement Commission.
Subtitle D--Department Reforms
Sec. 2301. Reduction in overhead expenses of Export-Import Bank.
Sec. 2302. Transfers from exchange stabilization fund to the general
fund of the Treasury.
Subtitle E--State Department Reforms
Chapter 1--United States Arms Control and Disarmament Agency
Sec. 2401. Abolition of the ACDA; references in part.
Sec. 2402. Repeal of positions and offices.
Sec. 2403. Authorities of the Secretary of State.
Sec. 2404. Authorization of appropriations.
Sec. 2405. Conforming amendments.
Sec. 2406. References in law.
Sec. 2407. Effective date.
Chapter 2--United States Information Agency
Sec. 2431. Abolition.
Sec. 2432. References in law.
Sec. 2433. Amendments to title 5.
Sec. 2434. Amendments to United States Information and Educational
Exchange Act of 1948.
Sec. 2435. Amendments to the Mutual Educational and Cultural Exchange
Act of 1961 (Fulbright-Hays act).
Sec. 2436. International broadcasting activities.
Sec. 2437. Television broadcasting to Cuba.
Sec. 2438. Radio broadcasting to Cuba.
Sec. 2439. National Endowment for Democracy.
Sec. 2430. United States scholarship program for developing countries.
Sec. 2431. National Security Education Board.
Sec. 2432. Center for cultural and technical interchange between North
and South.
Sec. 2433. Center for cultural and technical interchange between East
and West.
Sec. 2434. Mission of the Department of State.
Sec. 2435. Consolidation of administrative services.
Sec. 2436. Grants.
Sec. 2437. Ban on domestic activities.
Sec. 2438. Conforming repeal to the Arms Control and Disarmament Act.
Sec. 2439. Repeal relating to procurement of legal services.
Sec. 2440. Repeal relating to payment of subsistence expenses.
Sec. 2441. Conforming amendment to the Seed Act.
Sec. 2442. International Cultural and Trade Center Commission.
Sec. 2443. Other laws referenced in Reorganization Plan No. 2 of 1977.
Sec. 2444. Exchange program with countries in transition from
totalitarianism to democracy.
Sec. 2445. Edmund S. Muskie Fellowship Program.
Sec. 2446. Implementation of convention on cultural property.
Sec. 2447. Repeal.
Sec. 2448. United States Advisory Committee for public diplomacy.
Sec. 2449. Effective date.
Chapter 3--Agency For International Development
subchapter a--general provisions
Sec. 2451. Effective date.
subchapter b--abolition of the agency for international development and
transfer of functions to the secretary of state
Sec. 2455. Abolition of agency for international development and the
international development cooperation
agency.
Sec.subchapter c--reorganization of department of state relating to
functions transferred under this chapter
Sec. 2461. Reorganization plan.
Sec. 2462. Principsubchapter d--conforming amendments
Sec. 2465. References.
Sec. 2466. Abolition of office of Inspector General of the agency for
international development and transfer of
functions to Office of Inspector General of
the Department of State.
Sec. 2467. Abolition of Chief Financial Officer of the Agency for
International Development and transfer of
functions to Chief Financial Officer
Department of State.
Sec. 2468. Amendments to title 5, United States Code.
Sec. 2469. Public Law 480 program.
Chapter 4--Organization of the Department of State and Foreign Service
Sec. 2471. Office of the Secretary of State.
Sec. 2472. Under Secretaries.
Sec. 2473. Assistant Secretaries of State.
Sec. 2474. Other State Department positions.
Sec. 2475. Inspector General for Foreign Affairs.
Sec. 2476. Rates of pay.
Sec. 2477. Repeal of previously created State Department positions.
Sec. 2478. Limitation on personnel strength of the Department of State.
Sec. 2479. Consolidation of United States diplomatic missions and
consular posts.
Sec. 2480. Detail of other agency personnel to State Department.
Sec. 2481. Report on unification of United States and foreign
commercial service and foreign agricultural
service within the Foreign Service.
TITLE III--SCIENCE, SPACE, AND TECHNOLOGY
Subtitle A--Administrative and Research Savings
Sec. 3001. Nuclear energy research and development.
Sec. 3002. National Science Foundation Grant application fee.
Sec. 3003. High performance computing program.
Subtitle B--Specific Program Reforms
Sec. 3011. National Science Foundation.
Sec. 3012. Space station.
Sec. 3013. Cancellation of National Aerospace Plane.
TITLE IV--ENERGY
Subtitle A--Abolishment of Department of Energy
Sec. 4001. Short title.
Chapter 1--Abolishment Of Department of Energy
Sec. 4011. Reestablishment of Department as Energy Programs Resolution
Agency.
Sec. 4012. Functions.
Sec. 4013. Deputy Administrator.
Sec. 4014. Continuation of service of Department officers.
Sec. 4015. Reorganization.
Sec. 4016. Abolishment of Energy Programs Resolution Agency.
Sec. 4017. GAO report.
Sec. 4018. Conforming amendments.
Sec. 4019. Effective date.
Chapter 2--Energy Laboratory Facilities
Sec. 4021. Energy Laboratory Facilities Commission.
Sec. 4022. Procedure for making recommendations for laboratory
facilities.
Sec. 4023. Reconfiguration, privatization, and closure of energy
laboratories.
Sec. 4024. Implementation of reconfiguration, privatization, and
closure actions.
Sec. 4025. Account.
Sec. 4026. Reports on implementation.
Sec. 4027. Congressional consideration of Commission report.
Sec. 4028. Definitions.
Chapter 3--Privatization Of Federal Power Marketing Administrtions
Sec. 4031. Short title.
Sec. 4032. Findings.
Sec. 4033. Sale of assets.
Sec. 4034. Time of sales.
Sec. 4035. Rate stabilization for affected consumers.
Sec. 4036. Licensing of projects to preserve current operating
conditions.
Sec. 4037. Enabling Federal studies.
Sec. 4038. Definitions.
Chapter 4--Transfer And Disposal of Reserves
Sec. 4041. Strategic petroleum reserve.
Sec. 4042. Transfer of naval petroleum reserves to Department of the
Interior with instructions to sell the
reserves.
Chapter 5--National Security and Environmental Management Programs
Sec. 4051. Definitions.
Sec. 4052. Establishment and organization of Defense Nuclear Programs
Agency.
Sec. 4053. Functions of Defense Nuclear Programs Agency.
Sec. 4054. Transfers of functions.
Sec. 4055. Limitation on transfers of funds.
Sec. 4056. Transition provisions.
Sec. 4057. Technical and conforming amendments.
Sec. 4058. Effective date and transition period.
Sec. 4059. Environmental restoration activities at defense nuclear
facilities.
Chapter 6--Disposition Of Miscelaneous Particular Programs, Functions,
and Agencies of Department
Sec. 4061. Energy research and development.
Sec. 4062. Energy Information Administration.
Sec. 4063. Energy Regulatory Administration.
Sec. 4064. Effective date.
Chapter 7--Interim Waste Storage
Sec. 4071. Waste site work under Nuclear Waste Policy Act of 1982.
Sec. 4072. Office of civilian radioactive waste management.
Sec. 4073. Interim storage at Federal facility.
Chapter 8--Miscellaneous Provisions
Sec. 4081. References.
Sec. 4082. Exercise of authorities.
Sec. 4083. Savings provisions.
Sec. 4084. Transfer of assets.
Sec. 4085. Delegation and assignment.
Sec. 4086. Authority of Office of Management and Budget with respect to
functions transferred.
Sec. 4087. Proposed changes in law.
Sec. 4088. Certain vesting of functions considered transfer.
Sec. 4089. Definitions.
Subtitle B--Reform Federal Petroleum Reserve Programs
Sec. 4101. Sale of naval petroleum reserves.
Sec. 4102. Strategic Petroleum Reserve acquisitions.
Subtitle C--Reform Fossil Fuel and Mineral Research Development
Programs
Sec. 4201. Privatization of United States enrichment corporation.
Sec. 4202. Research and development.
Sec. 4203. Termination of Clean Coal Technology program.
Sec. 4204. Termination of atomic vapor isotope separation program.
Subtitle D--Reform Energy Conservation Programs
Sec. 4301. Weatherization.
Sec. 4302. State energy conservation program.
Sec. 4303. Institutional conservation.
TITLE V--ENVIRONMENT
Subtitle A--Public Land Use and Purchase Reforms
Sec. 5001. Moratorium on land acquisition by certain agencies.
Sec. 5002. Prohibition on timber sales in units of the National Forest
System in which timber sale expenses
consistently exceed timber sale revenues.
Sec. 5003. Permanent limitations on amounts authorized to be
appropriated for the National Forest System
and related agriculture conservation and
forestry programs.
Sec. 5004. Hetch hetchy.
Sec. 5005. Mineral leasing of lands within Arctic National Wildlife
Refuge.
Sec. 5006. National Park Service user fees and entrance fees.
Subtitle B--Environmental Conservation, Cleanup, and Research Reforms
Sec. 5101. Preference for interim measures in Superfund response
actions.
Sec. 5102. Elimination of the conservation reserve program.
Sec. 5103. Elimination of funding for State water pollution control
revolving funds.
Sec. 5104. Elimination of funding for watershed and flood prevention
operations.
Sec. 5105. Obligation limitation for flood control and coastal
emergencies.
Sec. 5106. Obligation limitation for flood control, Mississippi River
and tributaries.
Subtitle C--Restructuring of Department of the Interior
Sec. 5201. Limitation on acquisition of lands by Bureau of Land
Management.
Sec. 5202. Abolition of Bureau of Mines.
Sec. 5203. Sale of helium processing and storage facility.
Sec. 5204. Abolition of geological survey.
Sec. 5205. Downsizing of Minerals Management Service.
Sec. 5206. Downsizing of Bureau of Reclamation.
Sec. 5207. Consolidation of Bureau of Indian Affairs.
Sec. 5208. Abolition of Office of Territorial and International
Affairs.
Sec. 5209. Abolition of National Biological Survey.
Sec. 5210. Hardrock mining royalties.
Subtitle D--Administrative Reform
Sec. 5301. Reduction in overhead expenses of Environmental Protection
Agency.
Subtitle E--National Marine Program Reforms
Sec. 5401. Termination of National Coastal Zone Management grants and
National Sea Grant College Program Grants.
Sec. 5402. Disposal of National Oceanic and Atmospheric Administration
fleet.
Sec. 5403. Rescission of funds available for national oceanic and
atmospheric administration procurement and
modernization.
Sec. 5404. Rescission of funds available for National Oceanic and
Atmospheric Administration Construction.
Subtitle F--Corps of Engineers Reform
Sec. 5501. Reorganization of Corps of Engineers.
Sec. 5502. Obligation limitation for Corps of Engineers construction.
Sec. 5503. Obligation limitation for Corps of Engineers operation and
maintenance.
Sec. 5504. Obligation limitation for Corps of Engineers general
investigations.
TITLE VI--AGRICULTURE
Subtitle A--Agriculture Research and Extension
Sec. 6001. Consolidation of Agricultural Research Service, Cooperative
State Research Service, and Extension
Service.
Sec. 6002. Termination of Cooperative Agricultural Extension work in
District of Columbia.
Sec. 6003. Rural technology grants.
Sec. 6004. Cap on authorization of appropriations for agricultural
telecommunications program.
Sec. 6005. Cap on authorization of appropriations for renewable
resources extension program.
Subtitle B--Agricultural Trade
Sec. 6101. Reduction of spending for export marketing and international
activities.
Sec. 6102. Elimination of export enhancement program.
Sec. 6103. Reduction of loan guarantee program.
Sec. 6104. Elimination of market promotion program.
Subtitle C--Department of Agriculture Overhead Reduction
Sec. 6201. Reduction in overhead expenses of Department of Agriculture.
Subtitle D--Loan Reform
Sec. 6301. Termination of grant program to assist State mediation
programs.
Subtitle F--Crop Commodity Reform
Sec. 6401. Elimination of price support programs for agricultural
commodities and related marketing quotas.
Sec. 6402. Eliminating Federal support for honey.
TITLE VII--COMMERCE AND HOUSING CREDIT
Subtitle A--Small Business Adminstration Reform
Chapter 1--Reorganization Of Small Business Functions
Sec. 7001. Termination of Small Business Administration.
Sec. 7002. Establishment of Office of Small Business Advocacy in
Executive Office of the President.
Sec. 7003. Conforming amendments to title 5, United States Code.
Chapter 2--Repeals
Sec. 7010. Repeal of Small Business Act and Small Business Investment
Act of 1958.
Sec. 7011. Continued effectiveness of certain functions.
Sec. 7012. Continued applicability of certain provisions.
Chapter 3--Transfers
Sec. 7020. Size standards for small business concerns; government
procurement programs.
Sec. 7021. Maintenance of national small business economic indices.
Sec. 7022. Transfer of financial obligations owned by Small Business
Administration.
Chapter 4--General Administrative Provisions
Sec. 7030. Transfer of authorities.
Sec. 7031. Organizational entities and offices.
Sec. 7032. Delegation of functions.
Sec. 7033. Rules and regulations.
Sec. 7034. Transfer of fund accounts.
Chapter 5--Transitional, Savings, and Conforming Provisions
Sec. 7040. Transfers.
Sec. 7041. Director of Office of Management and Budget.
Sec. 7042. Savings provisions.
Sec. 7043. Coordination of transfer activities.
Sec. 7044. References.
Sec. 7045. Transitional period.
Sec. 7046. Effective date.
Subtitle B--Housing Credit Reform
Sec. 7101. Elimination of FMHA direct loans for single family homes.
Sec. 7102. Increased fees for FMHA single family housing loan
guarantees.
Sec. 7103. Delegation of single family mortgage insuring authority to
mortgagees and secondary market entities.
Subtitle C--Abolition of Department of Commerce and Disposition of
Particular Programs, Functions, and Agencies
Chapter 1--Abolition of Department of Commerce
Sec. 7201. Reestablishment of Department as Commerce Programs
Resolution Agency.
Sec. 7202. Functions.
Sec. 7203. Deputy Administrator.
Sec. 7204. Continuation of service of department officers.
Sec. 7205. Reorganization.
Sec. 7206. Abolishment of Commerce Programs Resolution Agency.
Sec. 7207. GAO report.
Sec. 7208. Conforming amendments.
Sec. 7209. Effective date.
Chapter 2--Disposition of Particular Programs, Functions, and Agencies
of Department of Commerce
Sec. 7231. Economic development.
Sec. 7232. Export control functions.
Sec. 7233. National security functions.
Sec. 7234. International trade functions.
Sec. 7235. Patent and Trademark Office.
Sec. 7236. Technology Administration.
Sec. 7237. Reorganization of the Bureau of the Census.
Sec. 7238. Reorganization of the Bureau of Economic Analysis.
Sec. 7239. Terminated functions of NTIA.
Sec. 7240. Transfer of Spectrum Management functions.
Sec. 7241. National Oceanic and Atmospheric Administration.
Sec. 7242. Miscellaneous abolishments.
Sec. 7243. Effective date.
Sec. 7244. Sense of Congress regarding user fees.
Chapter 3--Miscellaneous Provisions
Sec. 7251. References.
Sec. 7252. Exercise of authorities.
Sec. 7253. Savings provisions.
Sec. 7254. Transfer of assets.
Sec. 7255. Delegation and assignment.
Sec. 7256. Authority of Administrator with respect to functions
transferred.
Sec. 7257. Proposed changes in law.
Sec. 7258. Certain vesting of functions considered transfers.
Sec. 7259. Definitions.
Sec. 7260. Limitation on annual expenditures for continued functions.
Subtitle D--Banking and Insurance Reforms
Chapter 1--Banking Examination Fees
Sec. 7301. Bank exsubchapter a--federal banking agency
Sec. 7311. Establishment.
Sec. 7312. Management.
Sec. 7313. Powers and duties.
Sec. 7314. Technical and conforming amendments relating to transfers of
subchapter b--abolition of federal banking agencies
Sec. 7321. Office of comptroller of the currency and position of
comptroller of the currency abolished.
Sec. 7322. Office of Thrift Supervision and position of Director of the
Office of Thrift Supervision abolished.
Sec. 7323. Savings provisions.
Sec. 7324. Resubchapter c--section 235 mortgage refinancingncies.
Sec. 7325. Section 235 mortgage refinancing.
Sec. 7326. Penalty for early redemption of savings bonds.
Sec. 7327. One dollar coins.
Sec. 7328. Ceasing issuance of one dollar notes.
Subtitle E--Specific Commerce and Housing Program Reforms
Sec. 7401. Obligation limitation for Minority Business Development
Agency.
Sec. 7402. United States travel and tourism administration.
Sec. 7403. Export Administration.
Sec. 7404. Assistance for public telecommunications facilities and
telecommunications demonstrations.
Sec. 7405. Abolishment of advanced technology program.
Sec. 7406. Fees for Federal and federally sponsored enterprises.
Sec. 7407. Extension of spectrum auction authority of the Federal
Communications Commission.
Sec. 7408. Bureau of Census.
Sec. 7409. Copyright Office.
TITLE VIII--TRANSPORTATION
Subtitle A--Air Transportation Program Reform
Sec. 8001. Air Traffic Control Corporation.
Sec. 8002. Obligation limitation for airport improvement program.
Sec. 8003. Termination of essential air service program.
Sec. 8004. Obligation limitation for FAA operations.
Sec. 8005. Repeal of authorizations for the airway science program,
collegiate training initiative, and air
carrier maintenance technician training
facility grant program.
Sec. 8006. Fees for use of slots at high density airports.
Subtitle B--Highway Transportation Program Reform
Sec. 8101. Termination of Interstate Commerce Commission.
Sec. 8102. Customs tonnage fees.
Sec. 8103. Fees for operation of foreign repair stations.
Sec. 8104. Elimination of funding for highway demonstration projects.
Subtitle C--Rail Transportation Program Reform
Sec. 8201. Amtrak.
Sec. 8202. Elimination of funding for maglev prototype development
program.
Sec. 8203. Local rail freight assistance.
Sec. 8204. Reduction and modification of boating safety grants.
Subtitle D--Miscellaneous Transportation Program Reform
Sec. 8301. Federal aid for mass transit.
Subtitle E--Administrative Reform
Sec. 8401. Reduction in overhead expenses of Department of
Transportation.
TITLE IX--COMMUNITY AND REGIONAL DEVELOPMENT
Subtitle A--Housing Program Reforms
Sec. 9001. Termination of expansion of rural rental housing program.
Subtitle B--Community and Regional Development Program Reforms
Sec. 9101. Elimination of funding for environmental research programs
of Tennessee Valley Authority.
Sec. 9102. Elimination of CDBG program.
Sec. 9103. Termination of Economic Development Administration.
Sec. 9104. Termination of Appalachian Regional Commission.
Sec. 9105. Elimination of rural development loan and grant programs.
Subtitle C--Administrative Reforms
Sec. 9201. Operation of Indian programs.
Sec. 9202. Bureau of Indian affairs construction.
TITLE X--EDUCATION AND TRAINING
Subtitle A--Job Training Reform
Sec. 10001. Short title.
Chapter 1--Block Grants to States
Sec. 10011. Statement of purpose.
Sec. 10012. Authorization.
Sec. 10013. Allocation.
Sec. 10014. Application.
Sec. 10015. Use of amounts.
Sec. 10016. Reports.
Sec. 10017. Reduction or termination of payments under grant.
Sec. 10018. Definitions.
Sec. 10019. Transfer of funds.
Sec. 10020. Authorization of appropriations.
Chapter 2--Consolidation And Repeal of Certain Federal Employment
Assistance Programs
Part 1--Consolidation of Programs
Sec. 10031. Certain community-based projects regarding health care for
the homeless; conforming amendment
regarding Public Law 102-321.
Sec. 10032. Certain employment-related programs under Rehabilitation
Act of 1973.
Part 2--Repeal of Programs
Sec. 10041. Higher education for students from migrant and seasonal
farmworker families.
Sec. 10042. Certain veterans programs.
Sec. 10043. Foster grandparent and senior companion programs and
programs under Older Americans Act of 1965.
Sec. 10044. Job Training Partnership Act.
Sec. 10045. Appalachian vocational and other education facilities and
operations program.
Sec. 10046. Targeted jobs credit.
Sec. 10047. Service Members Occupational Conversion and Training Act of
1992.
Sec. 10048. Adult education programs.
Sec. 10049. Vocational education programs.
Sec. 10050. National literacy programs.
Sec. 10051. Indian employment, training and related services
demonstration program.
Sec. 10052. Special provisions relating to Indian tribes.
Sec. 10053. Literacy corps.
Sec. 10054. Miscellaneous repealers.
Subtitle B--Department Reform
Chapter 1--Short Title; Findings; and Purpose
Sec. 10101. Short title.
Sec. 10102. Findings.
Sec. 10103. Purposes.
Chapter 2--Abolition Of Department of Education
subchapter a--transfer of functions to office in department of health
and human services
Sec. 10111. Abolition of Department.
Sec. 10112. Establishment and sunset of office of economic
opportunities in the Department of Health
and Human Services, and transfer of
functions.
Sec. 10113. Principal officers.
Sec. 10114. Continuation of service of Department officer.
Sec. 10115. Reorganization.
Sec. 10116. Plan for winding up affairs.
Sec. 10117. GAO report.
Sec. 10118. Conforming amendments.
Sec. 10119. Effective date.
Sec. 10120. Limitation on expenditures.
subchapter a--elementary and secondary education
Part 1--Elementary and Secondary Education Block Grant Program
Sec. 10131. Goals of elementary and secondary education block grant
program.
Sec. 10132. Program authorized.
Sec. 10133. State eligibility.
Sec. 10134. General State requirements.
Sec. 10135. Amount of State allotment.
Sec. 10136. Local fiscal accountability.
Sec. 10137. Participation of children enrolled in private schools.
Sec. 10138. Definitions.
Sec. 10139. Authorization of appropriations.
Part 2--Other Elementary and Secondary Education Programs
Sec. subchapter ii--conforming amendments to the individuals with .
disabilities education act
Sec. 10142. Amendments to provisions referencing Secretary of Education
and Department of Education.
Sec. 10143. Amendments to definitions.
Sec. 10144. Transfer of administering authority to Office of Economic
Opportunities.
Sec. 10145. Outreach services for certain institutions of higher
subchapter iii--higher education programs
Part 1--Elimination and Reduction of Programs
Sec. 10151. Repeal of higher education laws.
Sec. 10152. Amendment to the Federal Credit Reform Act.
Sec. 10153. Sale of FDSL loan portfolios.
Sec. 10154. Student loan program; statement of policy.
Sec. 10155. Elimination of in-school interest subsidies.
Part 2--Higher Education Block Grant
Sec. 10161. Purpose.
Sec. 10162. Distribution of funds.
Sec. 10163. State assurances.
Sec. 10164. Use of funds.
Sec. 10165. Public disclosure.
Sec. 10166. Authorization of appropriations.
Sec. 10167. Defisubchapter iv--miscellaneous provisions
Sec. 10171. Construction.
Sec. 10172. Regulations.
Sec. 10173. Consolidated application.
Sec. 10174. Appropriations.
Sec. 10175. Federal civil rights.
Chapter 4--General Provisions
Sec. 10181. References.
Sec. 10182. Exercise of authorities.
Sec. 10183. Savings provisions.
Sec. 10184. Transfer of assets.
Sec. 10185. Delegation and assignment.
Sec. 10186. Authority of Office of Management and Budget with respect
to functions transferred.
Sec. 10187. Proposed changes in law.
Sec. 10188. Definition of transfer.
Sec. 10189. Definitions.
Chapter 5--Statements Of Policy
Sec. 10191. Statement of policy regarding Federal education funding.
Sec. 10192. Statement of policy regarding job training programs.
Sec. 10193. Statement of policy regarding Indian education.
Subtitle C--Elementary and Secondary Education Reforms
Sec. 10201. Elimination of impact aid.
Sec. 10202. Eisenhower Regional Mathematics and Science Education
Consortia.
Sec. 10203. Limitation on authorizations of appropriations for the
Individuals with Disabilities Education
Act.
Sec. 10204. Education improvement.
Sec. 10205. Innovative education program strategies.
Sec. 10206. Safe and drug-free schools and communities.
Sec. 10207. Education infrastructure.
Sec. 10208. Inexpensive book distribution.
Sec. 10209. Arts in education.
Sec. 10210. Christa McAuliffe scholarships.
Sec. 10211. Magnet schools assistance.
Sec. 10212. Education for homeless children and youth.
Sec. 10213. Women's educational equity.
Sec. 10214. Training and advisory services.
Sec. 10215. Dropout demonstrations.
Sec. 10216. Training in early childhood education and violence
counseling.
Sec. 10217. Charter schools.
Sec. 10218. Authorized activities.
Sec. 10219. Professional development demonstration project.
Sec. 10220. Immigrant education.
Sec. 10221. Education for native Hawaiians.
Sec. 10222. Programs of national significance.
Sec. 10223. Law-related education.
Sec. 10224. Public library construction.
Sec. 10225. National assessment of educational progress.
Subtitle D--Community Program Reforms
Sec. 10301. Repeal of the National Foundation on the Arts and the
Humanities Act of 1965.
Sec. 10302. Repeal of National and Community Service Act of 1990,
Domestic Volunteer Service Act of 1973, and
related provisions.
Sec. 10303. Repeal of the Museum Services Act.
Sec. 10304. Terminate Federal funding for the John F. Kennedy Center
for the Performing Arts.
Sec. 10305. Repeal of the Older Americans Community Service Employment
Act.
Sec. 10306. Consolidation of certain social service programs.
Sec. 10307. Amendments to the Older Americans Act of 1965.
Sec. 10308. Termination of funding for the Corporation for Public
Broadcasting
Subtitle E--Employment Program Reform
Sec. 10401. Termination of general trade adjustment assistance.
Sec. 10402. Extension to all States of rule providing for reduction of
social security disability insurance
benefits upon receipt of workers'
compensation benefits.
Sec. 10403. Service Contract Act of 1965.
Sec. 10404. Reduction in overhead expenses of Department of Labor.
TITLE XI--HEALTH
Subtitle A--Administrative Reform
Sec. 11001. Reduction in overhead expenses of Department of Health and
Human Services.
Subtitle B--University Research Regarding Health and Other Matters
Sec. 11101. Federally-supported University research; reduction in rates
for indirect costs of research.
Sec. 11102. Reduction in budget of National Institutes of Health.
Sec. 11103. Reduction in health professions budget of health resources
and services administration.
Sec. 11104. Closure of Uniformed Services University of the Health
Sciences.
Subtitle C--Medicaid Reforms
Sec. 11201. Reduction in Federal payments for disproportionate share
hospitals.
Sec. 11202. Imposition of State limits on approved nursing facility
beds.
Sec. 11203. Reducing to 50 percent the matching rate for administrative
costs under the medicaid program.
Subtitle D--Reforms in Health Care Block Grants
Sec. 11301. Consolidation of certain block grants.
Sec. 11302. Reduction in budget for immunization programs; prohibition
regarding warehousing of vaccines.
Subtitle E--Health Care Program Reforms
Sec. 11401. Reduction in budget of agency for health care policy and
research.
Sec. 11402. Reduction in budget for programs to treat substance abuse.
Sec. 11403. Abolition of office of the Surgeon General of the Public
Health Service
Subtitle F--Federal Employee Health Care Reform
Sec. 11501. Government contribution to the Federal employees health
benefits program.
TITLE XII--MEDICARE
Subtitle A--Copayment Reform
Sec. 12001. Imposition of 20 percent coinsurance on home health
services.
Sec. 12002. Imposition of 20 percent coinsurance on clinical laboratory
services.
Subtitle B--Part B Premium
Sec. 12101. Relating medicare part B premium to income for certain high
income individuals.
Sec. 12102. Setting the part B premium at 25 percent of program
expenditures permanently.
Subtitle C--Part A Deductible
Sec. 12201. Increase in medicare hospital insurance deductible for
certain high-income individuals.
Subtitle D--Medicare Payments to Hospitals
Sec. 12301. Elimination of payments to hospitals for enrollees' bad
debts.
Sec. 12302. Reduction in payments for indirect costs of medical
education.
Subtitle E--Selected Presidential Medicare Reforms
Sec. 12401. Expansion of centers of excellence.
Sec. 12402. Application of competitive acquisition process for part B
items and services.
Sec. 12403. Application of competitive acquisition procedures for
laboratory services.
Sec. 12404. Medicare secondary payer changes.
Sec. 12405. Limitations on payment for physicians' services furnished
by high-cost hospital medical staffs.
Sec. 12406. Reduction in update for inpatient hospital services.
Sec. 12407. Establishment of cumulative expenditure goals for physician
services.
Sec. 12408. Extension of freeze on updates to routine service costs of
skilled nursing facilities.
Sec. 12409. Reduction in routine cost limits for home health services.
Sec. 12410. Elimination of formula-driven overpayments for certain
outpatient hospital services.
TITLE XIII--INCOME SECURITY
Subtitle A--Administrative Reform
Sec. 13001. Elimination of Department of Housing and Urban Development.
Subtitle B--Housing Program Reforms
Sec. 13101. Elimination of operating subsidies for vacant public
housing.
Sec. 13102. Increase of tenant contributions.
Sec. 13103. Reduction of PHA administrative fees for section 8 rental
assistance program.
Subtitle C--Supplemental Security Income Reforms
Sec. 13201. More timely reporting of admissions of SSI recipients to
nursing homes; $30 limit on SSI benefits
for recipients in nursing homes if medicaid
pays most of their care costs.
Sec. 13202. Reduced unearned income exclusion under the supplemental
security income program.
Sec. 13203. Recovery of SSI overpayments from social security benefits.
Subtitle D--Civil Service Reforms
Sec. 13301. Increase in retirement age under FERS to 65.
Sec. 13302. Deferral until age 62 of cost-of-living adjustments for
military retirees who first entered
military service on or after January 1,
1996.
Sec. 13303. Provision relating to government contributions to the
Thrift Savings Plan.
Subtitle E--Assistance Program Reforms
Sec. 13401. Low-income home energy assistance.
Sec. 13402. Additional requirements for unemployment benefits.
Sec. 13403. Denial of unemployment benefits to individuals who
voluntarily leave military service.
Sec. 13404. Increase in variable rate premium charged by the pension
benefit guaranty corporation to single-
employer plans.
TITLE XIV--PERSONAL RESPONSIBILITY AND FAMILY PRESERVATION
Sec. 14001. Short title.
Sec. 14002. Table of contents.
Subtitle A--Block Grants for Temporary Assistance for Needy Families
Sec. 14100. Sense of the Congress.
Sec. 14101. Block grants to States.
Sec. 14102. Report on data processing.
Sec. 14103. Transfers.
Sec. 14104. Conforming amendments to the Social Security Act.
Sec. 14105. Conforming amendments to other laws.
Sec. 14106. Continued application of current standards under medicaid
program.
Sec. 14107. Effective date.
Subtitle B--Child Protection Block Grant Program
Sec. 14201. Establishment of program.
Sec. 14202. Conforming amendments.
Sec. 14203. Continued application of current standards under medicaid
program.
Sec. 14204. Effective date.
Sec. 14205. Sense of the Congress regarding timely adoption of
children.
Subtitle C--Block Grants for Child Care and for Nutrition Assistance
Chapter 1--Child Care Block Grants
Sec. 14301. Amendments to the Child Care and Development Block Grant
Act of 1990.
Sec. 14302. Repeal of child care assistance authorized by Acts other
than the Social Security Act.
Chapsubchapter a--family nutrition block grant programnts
Sec. 143subchapter b--school-based nutrition block grant program
Sec. 14341. Amendsubchapter c--miscellaneous provisions
Sec. 14361. Repealers.
Chapter 3--Other Repealers and Conforming Amendments
Sec. 14371. Amendments to laws relating to child protection block
grant.
Chapter 4--Related Provisions
Sec. 14381. Requirement that data relating to the incidence of poverty
in the United States be published at least
every 2 years.
Sec. 14382. Data on program participation and outcomes.
Chapter 5--General Effective Date; Preservation of Actions,
Obligations, and Rights
Sec. 14391. Effective date.
Sec. 14392. Application of amendments and repealers.
Subtitle D--Restricting Welfare and Public Benefits for Aliens
Sec. 14400. Statements of national policy concerning welfare and
immigration.
Chapter 1--Eligibility For Federal Benefits Programs
Sec. 14401. Ineligibility of illegal aliens for certain public benefits
programs.
Sec. 14402. Ineligibility of nonimmigrants for certain public benefits
programs.
Sec. 14403. Limited eligibility of immigrants for 5 specified Federal
public benefits programs.
Sec. 14404. Notification.
Chapter 2--Eligibility for State and Local Public Benefits Programs
Sec. 14411. Ineligibility of illegal aliens for State and local public
benefits programs.
Sec. 14412. Ineligibility of nonimmigrants for State and local public
benefits programs.
Sec. 14413. State authority to limit eligibility of immigrants for
State and local means-tested public
benefits programs.
Chapter 3--Attribution of Income and Affidavits of Support
Sec. 14421. Attribution of sponsor's income and resources to family-
sponsored immigrants.
Sec. 14422. Requirements for sponsor's affidavit of support.
Chapter 4--General Provisions
Sec. 14431. Definitions.
Sec. 14432. Construction.
Chapter 5--Conforming Amendments
Sec. 14441. Conforming amendments relating to assisted housing.
Subtitle E--Food Stamp Reform and Commodity Distribution
Sec. 14501. Short title.
Chapter 1--Commodity Distribution Provisions
Sec. 14511. Short title.
Sec. 14512. Availability of commodities.
Sec. 14513. State, local and private supplementation of commodities.
Sec. 14514. State plan.
Sec. 14515. Allocation of commodities to States.
Sec. 14516. Priority system for State distribution of commodities.
Sec. 14517. Initial processing costs.
Sec. 14518. Assurances; anticipated use.
Sec. 14519. Authorization of appropriations.
Sec. 14520. Commodity supplemental food program.
Sec. 14521. Commodities not income.
Sec. 14522. Prohibition against certain State charges.
Sec. 14523. Definitions.
Sec. 14524. Regulations.
Sec. 14525. Finality of determinations.
Sec. 14526. Sale of commodities prohibited.
Sec. 14527. Settlement and adjustment of claims.
Sec. 14528. Repealers; amendments.
Chapter 2--Consolidating Food Assistance Programs
Sec. 14541. Food stamp block grant program.
Sec. 14542. Availability of Federal coupon system to States.
Sec. 14543. Definitions.
Sec. 14544. Repealer.
Chapter 3--Effective Dates and Miscellaneous Provisions
Sec. 14591. Effective date; application of repealer.
Sec. 14592. Sense of the Congress.
Sec. 14593. Deficit reduction.
Subtitle F--Supplemental Security Income
Sec. 14601. Denial of supplemental security income benefits by reason
of disability to drug addicts and
alcoholics.
Sec. 14602. Supplemental security income benefits for disabled
children.
Sec. 14603. Examination of mental listings used to determine
eligibility of children for SSI benefits by
reason of disability.
Sec. 14604. Limitation on payments to Puerto Rico, the Virgin Islands,
and Guam under programs of aid to the aged,
blind, or disabled.
Sec. 14605. Repeal of maintenance of effort requirements applicable to
optional State programs for supplementation
of SSI benefits.
Sec. 14606. Denial of SSI benefits for 10 years to individuals found to
have fraudulently misrepresented residence
in order to obtain benefits simultaneously
in 2 or more States.
Sec. 14607. Denial of SSI benefits for fugitive felons and probation
and parole violators.
Sec. 14608. Reapplication requirements for adults receiving SSI
benefits by reason of disability.
Sec. 14609. Striking of restrictions regarding determination of
ineligibility.
Sec. 14610. Narrowing of SSI eligibility on basis of mental
impairments.
Subtitle G--Child Support
Sec. 14700. References.
Chapter 1--Eligibility for Services; Distribution of Payments
Sec. 14701. State obligation to provide child support enforcement
services.
Sec. 14702. Distribution of child support collections.
Sec. 14703. Privacy safeguards.
Chapter 2--Locate and Case Tracking
Sec. 14711. State case registry.
Sec. 14712. Collection and disbursement of support payments.
Sec. 14713. State directory of new hires.
Sec. 14714. Amendments concerning income withholding.
Sec. 14715. Locator information from interstate networks.
Sec. 14716. Expansion of the Federal parent locator service.
Sec. 14717. Collection and use of social security numbers for use in
child support enforcement.
Chapter 3--Streamlining and Uniformity of Procedures
Sec. 14721. Adoption of uniform State laws.
Sec. 14722. Improvements to full faith and credit for child support
orders.
Sec. 14723. Administrative enforcement in interstate cases.
Sec. 14724. Use of forms in interstate enforcement.
Sec. 14725. State laws providing expedited procedures.
Chapter 4--Paternity Establishment
Sec. 14731. State laws concerning paternity establishment.
Sec. 14732. Outreach for voluntary paternity establishment.
Sec. 14733. Cooperation by applicants for and recipients of temporary
family assistance.
Chapter 5--Program Administration and Funding
Sec. 14741. Federal matching payments.
Sec. 14742. Performance-based incentives and penalties.
Sec. 14743. Federal and State reviews and audits.
Sec. 14744. Required reporting procedures.
Sec. 14745. Automated data processing requirements.
Sec. 14746. Technical assistance.
Sec. 14747. Reports and data collection by the Secretary.
Chapter 6--Establishment and Modification of Support Orders
Sec. 14751. Simplified process for review and adjustment of child
support orders.
Sec. 14752. Furnishing consumer reports for certain purposes relating
to child support.
Chapter 7--Enforcement of Support Orders
Sec. 14761. Federal income tax refund offset.
Sec. 14762. Authority to collect support from Federal employees.
Sec. 14763. Enforcement of child support obligations of members of the
Armed Forces.
Sec. 14764. Voiding of fraudulent transfers.
Sec. 14765. Sense of the Congress that States should suspend drivers',
business, and occupational licenses of
persons owing past-due child support.
Sec. 14766. Work requirement for persons owing past-due child support.
Sec. 14767. Definition of support order.
Sec. 14768. Liens.
Sec. 14769. State law authorizing suspension of licenses.
Chapter 8--Medical Support
Sec. 14771. Technical correction to ERISA definition of medical child
support order.
Chapter 9--Enhancing Responsibility and Opportunity for Non-
Residential Parents
Sec. 14781. Grants to States for access and visitation programs.
Chapter 10--Effect of Enactment
Sec. 14791. Effective dates.
Chapter 11--Miscellaneous Provisions
Sec. 14801. Scoring.
Sec. 14802. Provisions to encourage electronic benefit transfer
systems.
TITLE XV--VETERANS' BENEFITS AND SERVICES
Subtitle A--Administrative Reforms
Sec. 15001. Reduction in overhead expenses of Department of Veterans
Affairs.
Subtitle B--Extension of Certain Veterans Programs
Sec. 15011. Permanent extension of authority for copayment charge for
medications.
Sec. 15012. Permanent extension of authority for medical care cost
recovery.
Sec. 15013. Permanent extension of authority for income verification
procedures.
Sec. 15014. Permanent extension of authority for procedures applicable
to liquidation sales on defaulted home
loans.
Subtitle C--Home Loan Guarantee Program Reforms
Sec. 15021. Restriction on use of multiple VA housing loan guaranty
benefits.
Sec. 15022. Extensions of certain authorities relating to housing
loans.
Subtitle D--Medical Program Reforms
Sec. 15031. More efficient management and delivery of veterans health
care.
Sec. 15032. Closure and conversion of inefficient or underused
facilities in veterans' hospitals.
Sec. 15033. Reduction in expenditures for major construction.
Subtitle E--Other Veterans Programs Reforms
Sec. 15041. Elimination of certain sunset dates.
Sec. 15042. Third-party reimbursement.
TITLE XVI--ADMINISTRATION OF JUSTICE
Subtitle A--Authorization of Appropriations
Chapter 1--Department of Justice
Sec. 16001. Authorization of appropriations for the Department of
Justice.
Sec. 16002. Reduction in overhead expenses of Department of Justice.
Chapter 2--Other Law Enforcement Entities
Sec. 16011. Authorization of appropriations for the United States
Customs Service.
Sec. 16012. Authorization of appropriations for the United States
Secret Service.
Sec. 16013. Authorization of appropriations for the Bureau of Alcohol,
Tobacco and Firearms.
Sec. 16014. Authorization of appropriations for defender services.
Chapter 3--Administrative Reforms
Sec. 16021. Improvement of U.S. Marshals Service.
Subtitle B--Prison Reforms
Sec. 16201. Privatization of correctional institutions.
Sec. 16202. Payment of public safety officers.
Subtitle C--Justice Assistance Program Reforms
Sec. 16301. Legal Services Corporation.
Sec. 16302. Surcharge on debts collected by the United States.
Sec. 16303. Terminate Bureau of Justice Assistance.
Sec. 16304. Terminate State Justice Institute.
Subtitle D--Federal Bureau of Investigation Reforms
Sec. 16401. Rescission of funds for FBI fingerprint laboratory in West
Virginia.
Subtitle E--Other Justice Program Reforms
Sec. 16501. Authorization of appropriations for the Equal Employment
Opportunity Commission.
Sec. 16502. Harbor maintenance fees.
TITLE XVII--GENERAL GOVERNMENT
Subtitle A--Administrave Reforms
Sec. 17001. Reduction in overhead expenses of certain foreign
operations activities.
Sec. 17002. Reduction in overhead expenses of Department of the
Treasury.
Sec. 17003. Reduction in overhead expenses of Office of Personnel
Management.
Sec. 17004. Reduction in overhead expenses of other independent
agencies.
Sec. 17005. Termination of Advisory Commission on Intergovernmental
Relations.
Sec. 17006. Administrative Conference of the United States.
Sec. 17007. Termination of miscellaneous advisory committees.
Sec. 17008. Termination of Federal information centers.
Subtitle B--Legislative Branch Reductions
Sec. 17101. Reduction in overhead expenses of Executive Office of the
President.
Sec. 17102. Formula for determining official mail allowance.
Sec. 17103. Transfer of certain funds prohibited.
Sec. 17104. Temporary suspension of automatic pay adjustments for
Members of Congress.
Subtitle C--Executive Branch Reductions
Sec. 17201. Reduction in overhead expenses of Executive Office of the
President.
Sec. 17202. SES annual leave accumulation.
Sec. 17203. Limitation relating to political appointees.
Subtitle D--Specific Program Reforms
Sec. 17301. Decrease in Presidential Election Campaign Fund check-off.
Sec. 17302. Moratorium on construction and acquisition of new Federal
buildings.
Sec. 17303. Termination of annual direct assistance to Northern Mariana
Islands.
Sec. 17304. Government information dissemination and printing
improvement.
Sec. 17305. Repeal of transitional appropriations authorization for the
post office.
SEC. 2. EFFECTIVE DATE.
Except as otherwise provided, this Act, and the amendments made by
this Act, shall take effect on October 1, 1995.
TITLE I--NATIONAL DEFENSE
Subtitle A--Restore Defense Spending
SEC. 1001. CONFORMANCE WITH BOTTOM UP REVIEW.
It is the intent of Congress that funding within the national
defense budget function for military readiness programs, quality-of-
life programs, and force modernization programs be increased over the
level proposed in the most recent future-years defense plan of the
Department of Defense by $60,000,000,000, of which--
(1) $37,000,000,000 shall be derived by increasing the
total amount for the national defense budget function for
fiscal years 1996 through 2000 ($25,000,000,000 of which has
already been proposed by the President in defense budget
adjustments announced in November 1995); and
(2) $23,000,000,000 shall be derived as an offset from the
reductions in defense programs provided in the other provisions
of this title.
Subtitle B--Rescission of Funding for Programs Not Requested by the
Department of Defense
SEC. 1111. RESCISSION OF FUNDS FOR GENERAL PURPOSE BOMB PROGRAM.
Of the funds made available to the Department of Defense in
appropriation Acts for fiscal year 1995 and prior fiscal years, the
unobligated balance on the date of the enactment of this Act of the
funds provided for the general purpose bomb program is rescinded.
SEC. 1112. RESCISSION OF FUNDS FOR C-12F AIRCRAFT PROGRAM.
Of the funds made available to the Department of Defense in
appropriation Acts for fiscal year 1995 and prior fiscal years, the
unobligated balance on the date of the enactment of this Act of the
funds provided for the C-12F aircraft program is rescinded.
SEC. 1113. RESCISSION OF FUNDS FOR P-3 UPGRADE PROGRAM.
Of the funds made available to the Department of Defense in
appropriation Acts for fiscal year 1995 and prior fiscal years, the
unobligated balance on the date of the enactment of this Act of the
funds provided for the P-3 upgrade program is rescinded.
Subtitle C--Limitations on Funding for Certain Programs for Fiscal Year
1996
SEC. 1211. ENVIRONMENTAL DEFENSE FUND.
The amount appropriated for fiscal year 1996 for environmental
defense programs for the Department of Defense may not exceed 50
percent of the amount appropriated for such programs for fiscal year
1995.
SEC. 1212. FORMER SOVIET UNION THREAT REDUCTION.
The amount appropriated for fiscal year 1996 for the Department of
Defense for cooperative threat reduction programs with states of the
former Soviet Union may not exceed 50 percent of the amount
appropriated for such programs for fiscal year 1995.
Subtitle D--Department of Defense Administrative Reforms
SEC. 1311. MILITARY SEVERANCE PAY.
(a) Change in Payment Formula.--Paragraph (1) of section 1174 of
title 10, United States Code, is amended--
(1) by striking out paragraph (1) of subsection (d) and
inserting in lieu thereof the following:
``(1) the product of (A) the member's years of active
service, and (B) the amount equal to 12 times the member's
basic military compensation at the time of the member's
discharge or release from active duty, divided by 52; or''; and
(2) by adding at the end the following new subsection:
``(j) Basic Military Compensation.--In this section, the term
`basic military compensation' means the sum of the following elements
of compensation for a member of the uniformed services:
``(1) Monthly basic pay payable to the member based upon
the member's pay grade and years of service.
``(2) Monthly basic allowance for quarters applicable to
the member's pay grade and dependent status.
``(3) Monthly basic allowance for subsistence applicable to
the member's pay grade and dependent status.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to persons who become entitled to separation pay
under section 1174 of title 10, United States Code, on or after the
date of the enactment of this Act.
SEC. 1312. RESTRICTION ON ELIGIBILITY FOR AVIATION CAREER INCENTIVE
PAY.
(a) Elimination of Continuous Monthly Incentive Pay.--Section 301a
of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraphs (3), (4), and (5); and
(B) by redesignating paragraph (6) as paragraph
(3); and
(2) by striking subsection (f).
(b) Application of Amendments.--The amendments made by this section
shall apply beginning with the first day of the first month after the
date of the enactment of this Act.
SEC. 1313. CANCELLATION OF LEARNING RESOURCE CENTER PROGRAM.
Effective October 1, 1995, the Secretary of Defense shall cancel
the learning resource center program of the Department of Defense
relating to federally funded training for military personnel and
civilian employees of the Department.
Subtitle E--Department of Defense Program Reforms
SEC. 1411. INTELLIGENCE COMMUNITY REORGANIZATION AND PERSONNEL
REDUCTION.
(a) Intelligence Community Reorganization.--The President shall
reorganize the United States Intelligence Community to reduce
redundancy and overlapping jurisdiction of intelligence components and
to centralize (to the extent determined appropriate by the President)
responsibility and authority for intelligence activities.
(b) Personnel Reductions.--(1) In implementing the reorganization
required by subsection (a), the President shall, for each of fiscal
years 1996 through 2000, reduce the total number of military and
civilian personnel employed by, or assigned or detailed to, elements of
the Intelligence Community by not less than 4 percent of the baseline
number specified in paragraph (2). The President shall direct how such
reductions are to be allocated among the elements of the Intelligence
Community.
(2) For purposes of paragraph (1), the baseline number is the total
number of military and civilian personnel employed by, or assigned or
detailed to, elements of the Intelligence Community as of September 30,
1995.
(3) Reductions in personnel carried out pursuant to this subsection
for any fiscal year may also be counted for that fiscal year for
purposes of section 907(b) of Public Law 101-510 (104 Stat. 1622).
(4) Functions and personnel may not be reassigned in order to
avoid, or reduce the effect of, the reductions required by this
subsection. Reductions pursuant to this section in the number of
members of the Armed Forces, or the number of civilian personnel, in
the Intelligence Community shall be matched with corresponding
reductions in the overall number of members of the Armed Forces or of
civilian employees of the Government, as the case may be.
(c) Intelligence Community Defined.--For purposes of this section,
the Intelligence Community consists of those agencies (and elements of
agencies) performing intelligence and intelligence-related activities
for which funds were authorized to be appropriated in Public Law 103-
359.
SEC. 1412. LIMITATION ON PROCUREMENT OF SEAWOLF SUBMARINE PROGRAM.
The Secretary of the Navy may not procure more than one Seawolf
(SSN-21) attack submarine. Any funds appropriated before the date of
the enactment of this Act and available for procurement of a second or
third Seawolf submarine shall be available only for required contract
termination costs (if any).
SEC. 1413. REQUIRED DISPOSAL OF EXCESS AND OBSOLETE MATERIALS IN
NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Except as provided in subsection (b), in
order to reduce the quantities of materials in the National Defense
Stockpile that are obsolete for military purposes or in excess supply
in the stockpile, the President shall dispose of materials in the
stockpile in the quantities set forth in the following table:
Required Stockpile Disposals
------------------------------------------------------------------------
Obsolete or excess material
for disposal Unit Quantity
------------------------------------------------------------------------
Aluminum Metal............... ST.......................... 2,082
Aluminum Oxide, Abrasive ST.......................... 50,904
Grain.
Aluminum Oxide, Abrasive ST.......................... 118
Grain, NSG.
Aluminum Oxide, Fused Crude.. ST.......................... 249,867
Analgesics................... amaLB....................... 68,703
Antimony..................... ST.......................... 36,011
Antimony, NSG................ ST.......................... 7
Asbestos, Amosite............ ST.......................... 34,005
Asbestos, Amosite, NSG....... ST.......................... 1
Asbestos, Chrysotile......... ST.......................... 9,787
Asbestos, Chrysotile, NSG.... ST.......................... 916
Bauxite, Metal Grade, Jamaica LDT......................... 17,757,337
& Surinam.
Bauxite, Refractory.......... LCT......................... 207,067
Beryl Ore.................... ST.......................... 17,729
Beryllium Copper Master Alloy ST.......................... 7,387
Bismuth...................... LB.......................... 1,825,955
Cadmium...................... LB.......................... 6,328,570
Chromite, Chemical & Met. SDT......................... 1,551,262
Grade Ore.
Chromite, Chem. & Met. Grade SDT......................... 217,441
Ore, NSG.
Chromite, Refractory Grade SDT......................... 232,414
Ore.
Chromium, Ferro.............. ST.......................... 475,526
Chromium, Ferro, NSG......... ST.......................... 18,990
Cobalt....................... LBCO........................ 12,741,489
Columbium Group, NSG......... LB Cb....................... 1,201,725
Copper....................... ST.......................... 29,047
Copper, NSG.................. ST.......................... 604
Diamonds, Industrial, Dies, KT.......................... 12,737
Small.
Fluorspar, Acid Grade........ SDT......................... 892,856
Fluorspar, Acid Grade, NSG... SDT......................... 899
Fluorspar, Metallurgical SDT......................... 100,822
Grade, NSG.
Germanium.................... KG.......................... 715
Graphite, Natural, Ceylon, ST.......................... 53
Amorphous Lump, NSG.
Graphite, Natural, Malagasy, ST.......................... 17,217
Crystalline.
Graphite, Natural, Malagasy, ST.......................... 9
Crystalline, NSG.
Graphite, Natural, Other than ST.......................... 1,933
Ceylon & Malagasy.
Graphite, Natural, Other, NSG ST.......................... 870
Industrial Diamond Bort...... KT.......................... 14,020,961
Industrial Diamond Stones.... KT.......................... 4,777,225
Iodine....................... LB.......................... 6,054,564
Iodine, NSG.................. LB.......................... 1,342
Jewel bearings, NSG.......... PC.......................... 51,778,337
Lead......................... ST.......................... 601,043
Lead, NSG.................... ST.......................... 10
Manganese Ore, Chem. & Met. SDT......................... 1,853,453
Grades.
Manganese Ore, Chem. & Met. SDT......................... 882,969
Grades, NSG.
Manganese, Battery Grade, SDT......................... 169,511
Natural Ore.
Manganese, Battery Grade, SDT......................... 19,425
Natural Ore, NSG.
Manganese, Battery Grade, SDT......................... 3,011
Synthetic Dioxide.
Manganese, Ferro............. ST.......................... 786,228
Manganese, Metal, ST.......................... 14,172
Electrolytic.
Mercury...................... FL.......................... 156,853
Mercury, NSG................. FL.......................... 3
Mica, Muscovite Film, 1st & LB.......................... 1,155,698
2nd Qualities.
Mica, Muscovite Film, 1st & LB.......................... 640
2nd Qualities, NSG.
Mica, Muscovite Splittings... LB.......................... 14,355,260
Mica, Muscovite, Block, LB.......................... 4,699,701
Stained & Better.
Mica, Muscovite, Block, LB.......................... 206,730
Stained & Better, NSG.
Mica, Phlogopite Block, NSG.. LB.......................... 114,027
Mica, Phlogopite Splittings.. LB.......................... 1,486,596
Nickel....................... ST.......................... 37,214
Platinum Group Metals, Tr Oz....................... 15,136
Iridium.
Platinum Group Metals, Tr Oz....................... 1,262,387
Palladium.
Platinum Group Metals, Tr Oz....................... 2,214
Palladium, NSG.
Platinum Group Metals, Tr Oz....................... 199,247
Platinum.
Platinum Group Metals, Tr Oz....................... 13,043
Platinum, NSG.
Quinidine.................... Av Oz....................... 2,471,359
Quinidine, NSG............... Av Oz....................... 1,691
Quinine...................... Av Oz....................... 2,770,115
Quinine, NSG................. Av Oz....................... 475,950
Rutile....................... ST.......................... 39,130
Rutile, NSG.................. ST.......................... 56
Sapphire & Ruby.............. KT.......................... 16,305,502
Sebacic Acid................. LB.......................... 5,009,697
Silicon Carbide.............. ST.......................... 45,080
Silver....................... Tr Oz....................... 83,951,492
Talc......................... ST.......................... 1,081
Tantalum Group, NSG.......... LB Ta....................... 1,152,259
Thorium Nitrate.............. LB.......................... 7,097,687
Tin.......................... MT.......................... 165,780
Titanium Sponge, NSG......... ST.......................... 10,866
Tungsten Group............... LB W........................ 27,530,759
Tungsten Group, NSG.......... LB W........................ 23,805,427
Vanadium Group............... STV......................... 721
Vegetable Tannin, Chestnut... LT.......................... 11,692
Vegetable Tannin, Quebracho.. LT.......................... 121,642
Vegetable Tannin, Wattle..... LT.......................... 14,997
Vegetable Tannin, Wattle, NSG LT.......................... 1
Zinc......................... ST.......................... 378,768
------------------------------------------------------------------------
(b) Exception to Disposal Requirements.--Subsection (a) shall not
apply with respect to the disposal of a material set forth in the table
in that subsection if the President determines after the date of the
enactment of this Act that the material is once again needed for the
stockpile.
(c) Special Rule for Silver.--The disposal of silver under
subsection (a) may only occur in the form of coins.
(d) Ten-Year Period for Disposal.--The President shall complete the
disposals of materials required by subsection (a) not later than
September 30, 2005.
(e) Existing Disposal Procedures.--The disposal of materials under
subsection (a) shall be carried out in the manner provided in section 6
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98e(b)), including the requirement to avoid undue disruption of the
usual markets of producers, processors, and consumers of such
materials.
(f) Use of Barter Authorized.--The President is authorized to enter
into barter arrangements to dispose of materials required to be
disposed of under subsection (a) in order to acquire strategic and
critical materials required for the stockpile or to upgrade other
strategic and critical materials in the stockpile.
(g) Deposit of Proceeds from Sales.--All moneys received from the
sale of materials required to be disposed of under subsection (a) shall
be deposited in the general fund of the Treasury for the purpose of
reducing the Federal budget deficit.
(h) Effect on Previous Disposal Authorities.--All authorities of
the President or the National Defense Stockpile Manager in effect on
the day before the date of the enactment of this Act regarding the
disposal of specific quantities of materials in the stockpile are
hereby terminated. The following provisions of law are hereby repealed:
(1) Section 3301(a) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 98d
note).
(2) Section 3302(a) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484; 50 U.S.C. 98d
note).
(3) Section 3301 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 50 U.S.C.
98d note).
(i) Definitions.--For purposes of this section:
(1) The terms ``National Defense Stockpile'' and
``stockpile'' mean the stockpile provided for in section 4 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The term ``NSG'', with regard to a material specified
in the table in subsection (a), means non-specification grade
material.
TITLE II--INTERNATIONAL AFFAIRS
Subtitle A--Reduce Multilateral Development Bank Credit Assistance
SEC. 2001. REDUCTION OF CREDIT ASSISTANCE BY THE EXPORT-IMPORT BANK OF
THE UNITED STATES.
Section 6 of the Export-Import Bank Act of 1945 (12 U.S.C. 635e) is
amended by adding at the end the following:
``(c) Limitations on Authorization of Appropriations.--For all
costs authorized to be incurred under this Act, there are authorized to
be appropriated not to exceed $415,000,000 for each of fiscal years
1996 through 2000.''.
SEC. 2002. TERMINATION OF CAPITAL CONTRIBUTIONS TO CERTAIN MULTILATERAL
DEVELOPMENT INSTITUTIONS.
Notwithstanding any other provision of law, funds of the United
States shall not be provided, directly or indirectly, to the
International Bank for Reconstruction and Development, the Asian
Development Bank, the African Development Bank, the International
Finance Corporation, the European Bank for Reconstruction and
Development, the Inter-American Development Bank, or the African
Development Fund.
SEC. 2003. DEOBLIGATION OF CERTAIN UNEXPENDED FOREIGN ECONOMIC
ASSISTANCE FUNDS.
(a) Requirement To Deobligate.--Except as provided in subsection
(b) and in the second and third sentences of section 617 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2367), at the beginning of each
fiscal year the President shall deobligate, and return to the Treasury,
any foreign economic assistance funds that, as of the end of the
preceding fiscal year, have been obligated for a period of more than 3
years but have not been expended.
(b) Exceptions.--The President, on a case-by-case basis, may waive
the requirement of subsection (a) if the President determines, and
reports to the appropriate congressional committees, that--
(1) the funds are being used for a construction project
that requires more than 3 years to complete; or
(2) the funds have not been expended because of unforeseen
circumstances, and those circumstances could not have been
reasonably foreseen.
(c) Comments by AID Inspector General on Waivers.--As soon as
possible after submission of a report pursuant to subsection (b), the
Inspector General of the United States Agency for International
Development shall submit to the appropriate congressional committees
such comments as the Inspector General considers appropriate with
regard to the determination described in that report.
(d) Definitions.--For purposes of this section, the following
definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate.
(2) Economic assistance.--The term ``economic assistance''
means--
(A) assistance under chapter 1 of part I of the
Foreign Assistance Act of 1961 (relating to development
assistance) (22 U.S.C. 2151 et seq.), chapter 10 of
part I of that Act (relating to the Development Fund
for Africa) (22 U.S.C. 2293 et seq.), chapter 11 of
part I of that Act (relating to assistance for the
independent states of the former Soviet Union) (22
U.S.C. 2295 et seq.), or chapter 4 of part II of that
Act (relating to the economic support fund) (22 U.S.C.
2346 et seq.);
(B) assistance under the ``Multilateral Assistance
Initiative for the Philippines''; and
(C) assistance under the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
SEC. 2004. REDUCTION IN CONTRIBUTION TO INTERNATIONAL DEVELOPMENT
ASSOCIATION.
For each of the fiscal years 1996 through 2000, outlays under the
``International Development Association'' account under the
International Development Association Act (22 U.S.C. 284 et seq.) for
United States contributions to the International Development
Association may not exceed $975,000,000.
SEC. 2005. REDUCTION OF ECONOMIC SUPPORT FUND ASSISTANCE.
For fiscal years 1996 through 2000, outlays under the ``Economic
Support Fund'' account under chapter 4 of part II of the Foreign
Assistance Act of 1961 may not exceed the following amounts:
(1) Fiscal year 1996.--For fiscal year 1996, outlays shall
be at least 10 percent less than outlays for fiscal year 1995.
(2) Fiscal year 1997.--For fiscal year 1997, outlays shall
be at least 20 percent less than outlays for fiscal year 1995.
(3) Fiscal year 1998.--For fiscal year 1998, outlays shall
be at least 30 percent less than outlays for fiscal year 1995.
(4) Fiscal year 1999.--For fiscal year 1999, outlays shall
be at least 40 percent less than outlays for fiscal year 1995.
(5) Fiscal year 2000.--For fiscal year 2000, outlays shall
be at least 50 percent less than outlays for fiscal year 1995.
SEC. 2006. REDUCTION OF BILATERAL DEVELOPMENT ASSISTANCE.
For each of the fiscal years 1996 through 2000, outlays under the
following provisions of law may not exceed the following amounts:
(1) Development assistance fund.--Outlays under sections
103 through 106 of the Foreign Assistance Act of 1961 may not
exceed $426,000,000.
(2) Population, development assistance.--Outlays under
section 104(b) of such Act may not exceed $225,000,000.
(3) Development fund for africa.--Outlays under chapter 10
of part I of such Act may not exceed $401,000,000.
SEC. 2007. LIMITATION ON UNITED STATES CONTRIBUTIONS TO THE UNITED
NATIONS.
Notwithstanding any other provision of law, the aggregate amount of
assessed and voluntary contributions by the United States to the United
Nations and its affiliated agencies for any calendar year after 1996
shall not exceed an amount which bears the same ratio to the total
budget of the United Nations and its affiliated agencies as the total
population of the United States bears to the total population of all
the member states of the United Nations.
Subtitle B--Reduce Foreign Aid Direct Assistance
SEC. 2101. REDUCTION IN ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES.
For each of the fiscal years 1996 through 2000, outlays under the
``Assistance for Eastern Europe and the Baltic States'' account under
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the
Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401
et seq.) for economic assistance and related programs for Eastern
Europe and the Baltic States may not exceed $359,000,000.
SEC. 2102. PROHIBITION ON FOREIGN ASSISTANCE TO RUSSIA.
(a) Prohibition.--
(1) In general.--Foreign assistance may not be obligated or
expended for Russia for any fiscal year unless the President
certifies to the Congress for such fiscal year the following:
(A) The President has received satisfactory
assurances from the Government of Russia, which have
been confirmed by the Director of the Federal Bureau of
Investigation, that the intelligence activities of
Russia in the United States are confined to what is
considered routine, non-adversarial information
gathering activities.
(B) Russia has begun, and is making continual
progress toward, the unconditional implementation of
the Russian-Moldovan troop withdrawal agreement, signed
by the prime ministers of Russia and Moldova on October
21, 1994.
(C) Russia is not providing military assistance to
any military forces in the Transdniestra region of
Moldova.
(D) Russian troops in the Kaliningrad region of
Russia are respecting the sovereign territory of
Lithuania and other neighboring countries and such
troops are not offensively postured against any other
country.
(E) The activities of Russia in the other
independent states of the former Soviet Union do not
represent an attempt by Russia to violate or otherwise
diminish the sovereignty and independence of such
states.
(F) Russia is not providing military assistance to
any Bosnian Serb military units or combatants or to the
Government of the Federal Republic of Yugoslavia.
(G) The Government of Russia has ceased the
unilateral demarcation of the border between Russia and
Estonia begun in 1994, is engaged in dialogue with the
Government of Estonia to resolve this border dispute,
and has demonstrated a willingness to submit this issue
to international arbitration.
(H) Russia is not providing any intelligence
information to Cuba and is not providing any assistance
to Cuba with respect to the signal intelligence
facility at Lourdes.
(I)(i) Russia is not providing to the countries
described in clause (ii) goods or technology, including
conventional weapons, which could materially contribute
to the acquisition by these countries of chemical,
biological, nuclear, or destabilizing numbers and types
of advanced conventional weapons.
(ii) The countries described in this subparagraph
are Iran, Iraq, Syria, or any country, the government
of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. app.
2405(6)(j)(1)), has repeatedly provided support for
acts of international terrorism.
(J) Russia is in compliance with the Convention on
the Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction, signed at Washington,
London, and Moscow on April 10, 1972 (TIAS 8062).
(K) Russia is in compliance with the 1989 Wyoming
Memorandum of Understanding relating to the restriction
of chemical weapons.
(L) The Government of Russia is committed to
reforming the Russian economy along free-market lines,
and is taking concrete steps in this direction.
(2) Certifications for fiscal years 1995 and 1996.--In
addition to the requirements contained in paragraph (1), with
respect to each of the fiscal years 1995 and 1996, foreign
assistance may not be obligated or expended for Russia unless
the President certifies to the Congress for each such fiscal
year that the Government of Russia--
(A) has ceased its military offensive in Chechnya
and is committed to resolving the problem of the status
of Chechnya through negotiations; and
(B) has provided the President with a full and
accurate accounting of the espionage activities
relating to the case of Aldrich Hazen Ames of the
Central Intelligence Agency and has reimbursed the
United States Government for all amounts paid by Russia
to Rosario Ames since her arrest in 1994.
(3) Report.--The President shall submit to the Congress for
each fiscal year a report containing the certifications
required by paragraph (1), and with respect to each of the
fiscal years 1995 and 1996, paragraphs (1) and (2). Such report
shall be submitted in unclassified and classified versions.
(b) Annual Reports.--At the beginning of each fiscal year, the
President and the Comptroller General of the United States shall each
submit to the Congress a report containing the following:
(1) The amount of foreign assistance provided to Russia for
the preceding fiscal year, including--
(A) the name of each organization or entity to
which such assistance was provided;
(B) the purpose of such assistance; and
(C) an assessment of the effectiveness of such
assistance.
(2) A detailed accounting of the amount of foreign
assistance appropriated for Russia which has not been expended
and the status of such assistance.
(3) An estimate of the total amount of capital exported
from Russia during the previous fiscal year and an analysis of
the reasons for the export of such capital.
(c) Requirement To Oppose Assistance to Russia From International
Financial Institutions.--The President shall instruct the United States
executive director of each international financial institution to use
the voice and vote of the United States to oppose any assistance from
that financial institution to Russia unless Russia is in compliance
with the requirements contained in subsection (a).
(d) Definitions.--For purposes of this section:
(1) Foreign assistance.--The term ``foreign assistance''
means assistance under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) or the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (22
U.S.C. 5801 et seq.), except that such term does not include--
(A) humanitarian assistance;
(B) educational and cultural exchanges between the
United States and Russia;
(C) assistance provided by the National Endowment
for Democracy; and
(D) assistance for the purpose of destroying
nuclear weapons, chemical weapons, and other weapons,
and related assistance.
(2) Goods or technology.--The term ``goods or technology''
has the meaning given such term in section 1608(3) of the Iran-
Iraq Arms Non-Proliferation Act of 1992 (50 U.S.C. 1701 note).
(3) International financial institution.--The term
``international financial institution'' means the European Bank
for Reconstruction and Development, the International Bank for
Reconstruction and Development, the International Development
Association, the International Financial Corporation, or the
International Monetary Fund.
(4) Other independent states of the former soviet union.--
The term ``other independent states of the former Soviet
Union'' means the following: Armenia, Azerbaijan, Belarus,
Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall apply only with respect to fiscal years beginning
on or after the date of the enactment of this Act.
(2) Exceptions.--In the case of the fiscal year in which
this Act is enacted--
(A) the prohibition contained in paragraphs (1) and
(2) of subsection (a) shall apply with respect to the
obligation or expenditure of foreign assistance on or
after the date of the enactment of this Act (including
foreign assistance which has been obligated but not
expended before the date of the enactment of this Act);
and
(B) the requirement contained in subsection (c)
shall apply with respect to the provision of assistance
by an international financial institution on or after
the date of the enactment of this Act.
Subtitle C--Reduce Humanitarian Assistance Programs
SEC. 2201. AUTHORIZATION OF APPROPRIATIONS FOR EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS.
Notwithstanding any other provision of law, there are authorized to
be appropriated for ``International Educational and Cultural Exchange
Programs'' $202,166,000 for fiscal year 1996 and $158,363,000 for each
of the fiscal years 1997, 1998, 1999, and 2000.
SEC. 2202. PEACE CORPS FUNDING.
Not more than $219,745,000 may be made available to carry out the
Peace Corps Act for each of fiscal years 1996, 1997, 1998, 1999, and
2000.
SEC. 2203. ASSISTANCE FOR THE MIDDLE EAST.
(a) Assistance for Israel.--
(1) Economic support fund.--Of the amounts made available
for each of the fiscal years 1996 through 2000 for assistance
under chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.) (relating to the economic support
fund), not less than $1,200,000,000 shall be available only for
Israel.
(2) Foreign military financing.--Of the amounts made
available for each of the fiscal years 1996 through 2000 for
assistance under the ``Foreign Military Financing Program''
account under section 23 of the Arms Export Control Act (22
U.S.C. 2763), not less than $1,800,000,000 shall be available
only for Israel.
(b) Assistance for Egypt.--
(1) Economic support fund.--Of the amounts made available
for each of the fiscal years 1996 through 2000 for assistance
under chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.) (relating to the economic support
fund), not less than $817,000,000 shall be available only for
Egypt.
(2) Foreign military financing.--Of the amounts made
available for each of the fiscal years 1996 through 2000 for
assistance under the ``Foreign Military Financing Program''
account under section 23 of the Arms Export Control Act (22
U.S.C. 2763), not less than $1,300,000,000 shall be available
only for Egypt.
SEC. 2204. ELIMINATION OF PUBLIC LAW 480 TITLE I AND TITLE III
PROGRAMS.
(a) Congressional Sales Program.--Title I of the Agricultural Trade
Development Assistance Act of 1954 (7 U.S.C. 1701-1705) is repealed.
(b) Food for Development Program.--Title III of that Act (7 U.S.C.
1727-1727e) is repealed.
(c) Conforming Amendments.--That Act is further amended as follows:
(1) In section 2 by striking paragraphs (3) and (4), by
inserting ``and'' at the end of paragraph (2), and by
redesignating paragraph (5) as paragraph (3).
(2) In section 401--
(A) in subsection (e)(2) by striking ``section 303
or''; and
(B) by repealing subsection (f).
(3) In section 403--
(A) in subsection (b) by striking ``Secretary or
the Administrator, as appropriate,'' and inserting
``Administrator'';
(B) in subsection (c)--
(i) by striking ``Secretary or the
Administrator, as appropriate,'' and inserting
``Administrator''; and
(ii) by striking ``or purchased'';
(C) in subsection (d) by striking all that follows
``recipient countries'' and inserting a period;
(D) in subsection (e) by striking ``sales or'';
(E) in subsection (g) by striking ``Secretary or
the Administrator, as appropriate,'' and inserting
``Administrator'';
(F) in subsection (h) by striking ``Secretary or'';
(G) in subsection (i) by striking ``Secretary or
the Administrator, as appropriate,'' each place it
appears and inserting ``Administrator''; and
(H) in subsection (j)(1)--
(i) by striking ``Secretary or the
Administrator, as appropriate,'' and inserting
``Administrator''; and
(ii) by striking ``, or to finance the sale
of agricultural commodities,''.
(4) In section 404--
(A) by repealing subsection (a) and redesignating
subsections (b) through (d) as subsections (a) through
(c), respectively;
(B) in subsection (a), as so redesignated, by
striking paragraphs (2) and (3) and redesignating
paragraphs (4) and (5) as paragraphs (2) and (3),
respectively;
(C) by striking ``Secretary or the'' each place it
appears; and
(D) by striking ``, as appropriate,'' each place it
appears.
(5) By repealing section 405.
(6) In section 407--
(A) by repealing subsection (a);
(B) by repealing subsection (b);
(C) in subsection (c)--
(i) by striking ``(c) Agents.--'' and all
that follows through ``interest.--'' in
paragraph (4) and inserting ``(a) Avoidance of
Conflict of Interest.--'', and moving the
remaining text 2 ems to the left; and
(ii) by striking ``this paragraph'' and
inserting ``this subsection'';
(D) in subsection (d)--
(i) by striking ``(d) Title II and III''
and inserting ``(b) Title II'';
(ii) in paragraph (1) by striking ``and
title III''; and
(iii) in paragraphs (2) and (3) by striking
``titles II and III'' and inserting ``title
II'';
(E) in subsection (e)--
(i) by striking ``(e)'' and inserting
``(c)''; and
(ii) by striking ``Secretary or the
Administrator, as appropriate,'' and inserting
``Administrator''; and
(F) by repealing subsection (f) and redesignating
subsections (g) and (h) as subsections (d) and (e),
respectively;
(7) In section 408 by striking ``finance sales or to
provide other'' and inserting ``provide''.
(8) By repealing section 410.
(9) In section 411 by repealing subsection (d) and
redesignating subsection (e) as subsection (d).
(10) In section 412--
(A) in subsection (a) by striking ``out--'' and all
that follows through ``including'' and inserting ``out
the emergency and private assistance program under
title II, including''; and
(B) by repealing subsections (b) and (c) and by
redesignating subsections (d) and (e) as subsections
(b) and (c), respectively.
(d) Transition Rule.--Provisions of law repealed by this subsection
shall continue to apply with respect to agreements entered into under
title I or III of the Agricultural Trade Development and Assistance Act
of 1954 before the effective date of this section.
(e) Effective Date.--This section takes effect on October 1, 1995.
SEC. 2205. ABOLITION OF FOREIGN CLAIMS SETTLEMENT COMMISSION.
(a) Abolition.--The Foreign Claims Settlement Commission of the
United States is abolished.
(b) Transfer of Functions.--All functions of the Foreign Claims
Settlement Commission are transferred to the Secretary of State.
(c) Other Transfers.--Except as otherwise provided in this section,
the assets, liabilities, contracts, property, and records employed,
held, used, arising from, available to, or to be made available in
connection with the functions transferred by this section, shall be
transferred to the Secretary of State for appropriate allocation. Any
unexpended balance of appropriations or other funds available to the
Foreign Claims Settlement Commission before the effective date of this
section shall be deposited into the Treasury.
(d) Termination of Positions.--Each position in the Foreign Claims
Settlement Commission shall terminate.
(e) Incidental Transfers.--The Director of the Office of Management
and Budget shall provide for the termination of the affairs of the
Foreign Claims Settlement Commission and for such further measures and
dispositions as may be necessary to effectuate the purposes of this
section.
(f) Savings Provisions.--
(1) Continuity of legal force and effect.--All orders,
determinations, rules, regulations, permits, grants, contracts,
certificates, licenses, and privileges--
(A) which have been issued, made, granted, or
allowed to become effective by the Foreign Claims
Settlement Commission or official thereof, or by a
court of competent jurisdiction, in the performance of
functions which are transferred under this section to
the Secretary of State, and
(B) which are in effect at the time this section
takes effect,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked by the
Secretary of State, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(2) Pending proceedings.--(A) The provisions of this
section shall not affect any proceedings, including notices of
proposed rulemaking, pending on the effective date of this
section before the Foreign Claims Settlement Commission. Such
proceedings shall be continued.
(B) Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall 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
of State, by a court of competent jurisdiction, or by operation
of law.
(C) Nothing in this paragraph 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.
(D) The Secretary of State is authorized to promulgate
regulations providing for the orderly transfer to the
Department of State of proceedings continued under this
paragraph.
(3) No effect on judicial proceedings.--Except as provided
in paragraph (5)--
(A) the provisions of this section shall not affect
suits commenced before the effective date of this
section, and
(B) 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.
(4) 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 the Foreign Claims
Settlement Commission shall abate by reason of the enactment of
this section. No cause of action by or against the Foreign
Claims Settlement Commission or by or against any officer
thereof in the official capacity of such officer shall abate by
reason of the enactment of this section.
(5) Continuation of proceeding with substitution of
parties.--If, before the date on which this section takes
effect, the Foreign Claims Settlement Commission, or officer
thereof in the official capacity of such officer, is a party to
a suit, then such suit shall be continued with the Secretary of
State or other appropriate official of the Department of State
substituted or added as a party.
(6) Reviewability of orders and actions under transferred
functions.--Orders and actions of the Secretary of State 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 Foreign
Claims Settlement Commission 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 of
the Foreign Claims Settlement Commission shall apply to the
exercise of such function by the Secretary of State.
(g) Reference.--
(1) Functions.--With respect to any function of the Foreign
Claims Settlement Commission that is transferred by this
section and exercised on or after the effective date of this
section, reference in any other Federal law to the Foreign
Claims Settlement Commission or any officer or employee thereof
shall be deemed to refer to the Secretary of State.
(2) Other references.--Any reference to the Foreign Claims
Settlement Commission, or any other official of the Foreign
Claims Settlement Commission, in any law, rule, regulation,
certificate, directive, instruction, or other official paper in
force on the effective date of this section shall be deemed to
refer and apply to the Secretary of State.
(h) Conforming Amendment.--Section 5316 of title 5, United States
Code, is amended by striking:
``Chairman, Foreign Claims Settlement Commission of the
United States, Department of Justice.''.
(i) Effective Date.--This section and the amendment made by this
section takes effect on October 1, 1995.
Subtitle D--Department Reforms
SEC. 2301. REDUCTION IN OVERHEAD EXPENSES OF EXPORT-IMPORT BANK.
(a) In General.--The amount obligated by the Export-Import Bank
during fiscal year 1996 for overhead expenses shall not exceed an
amount sufficient to reduce outlays for such expenses during such
fiscal year (as compared to such outlays during fiscal year 1995) by
$1,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
SEC. 2302. TRANSFERS FROM EXCHANGE STABILIZATION FUND TO THE GENERAL
FUND OF THE TREASURY.
(a) Repayment of Amounts Appropriated to the Exchange Stabilization
Fund.--Effective October 1, 1996, the Secretary of the Treasury shall
transfer from the stabilization fund described in section 5302 of title
31, United States Code, to the general fund of the Treasury the
$2,000,000,000 appropriated to such fund under subsection (b) of
section 10 of the Gold Reserve Act of 1934 (minus any amounts
previously covered into the Treasury pursuant to subsection (c) of such
section 10 (as amended by section 7(a) of the Bretton Woods Agreements
Act)).
(b) Transfer of Net Earnings of the Fund to the General Fund.--
During fiscal years 1994 through ____, the net earnings of the
stabilization fund described in section 5302 of title 31, United States
Code, shall be transferred by the Secretary of the Treasury from such
fund to the general fund of the Treasury.
Subtitle E--State Department Reforms
CHAPTER 1--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
SEC. 2401. ABOLITION OF THE ACDA; REFERENCES IN PART.
(a) Abolition.--The United States Arms Control and Disarmament
Agency is abolished on the effective date of this chapter.
(b) Conforming Repeal.--Section 21 of the Arms Control and
Disarmament Act (22 U.S.C. 2561) is repealed.
(c) References in Chapter.--Except as specifically provided in this
chapter, whenever in this chapter an amendment or repeal is expressed
as an amendment to or repeal of a provision, the reference shall be
deemed to be made to the Arms Control and Disarmament Act.
SEC. 2402. REPEAL OF POSITIONS AND OFFICES.
The following sections are repealed:
(1) Section 22 (22 U.S.C. 2562; relating to the Director).
(2) Section 23 (22 U.S.C. 2563; relating to the Deputy
Director).
(3) Section 24 (22 U.S.C. 2564; relating to Assistant
Directors).
(4) Section 25 (22 U.S.C. 2565; relating to bureaus,
offices, and divisions).
SEC. 2403. AUTHORITIES OF THE SECRETARY OF STATE.
(a) In General.--(1) Except as provided in paragraph (2), the Arms
Control and Disarmament Act (22 U.S.C. 2551 et seq.) is amended by
striking ``Agency'' and ``Director'' each place it appears and
inserting ``Department'' and ``Secretary'', respectively.
(2) No amendment shall be made under paragraph (1) to references to
the On-Site Inspection Agency or to the Director of Central
Intelligence.
(b) Purpose.--Section 2 (22 U.S.C. 2551) is amended--
(1) by striking the second, fourth, fifth, and sixth
sentences; and
(2) in the seventh sentence, by striking ``It'' and all
that follows through ``State,'' and inserting ``The Department
of State shall have the authority''.
(c) Definitions.--Section 3 (22 U.S.C. 2552) is amended by striking
paragraph (c) and inserting the following:
``(c) The term `Department' means the Department of State.
``(d) The term `Secretary' means the Secretary of State.''.
(d) Scientific and Policy Advisory Committee.--Section 26(b) (22
U.S.C. 2566(b)) is amended by striking ``, the Secretary of State, and
the Director'' and inserting ``and the Secretary of State''.
(e) Presidential Special Representatives.--Section 27 (22 U.S.C.
2567) is amended by striking ``, acting through the Director''.
(f) Program for Visiting Scholars.--Section 28 (22 U.S.C. 2568) is
amended--
(1) in the second sentence, by striking ``Agency's
activities'' and inserting ``Department's arms control,
nonproliferation, and disarmament activities''; and
(2) in the fourth sentence, by striking ``, and all former
Directors of the Agency''.
(g) Policy Formulation.--Section 33(a) (22 U.S.C. 2573(a)) is
amended by striking ``shall prepare for the President, the Secretary of
State,'' and inserting ``shall prepare for the President''.
(h) Negotiation Management.--Section 34 (22 U.S.C. 2574) is
amended--
(1) in subsection (a), by striking ``the President and the
Secretary of State'' and inserting ``the President''; and
(2) by striking subsection (b).
(i) Verification of Compliance.--Section 37(d) (22 U.S.C. 2577(d))
is amended by striking ``Director's designee'' and inserting
``Secretary's designee''.
(j) General Authority.--Section 41 (22 U.S.C. 2581) is repealed.
(k) Use of Funds.--Section 48 (22 U.S.C. 2588) is repealed.
(l) Annual Report.--Section 51(a) (22 U.S.C. 2593a(a)) is amended
by striking ``the Secretary of State,''.
(m) Requirement for Authorization of Appropriations.--Section 53
(22 U.S.C. 2593c) is repealed.
(n) On-Site Inspection Agency.--Section 61 (22 U.S.C. 2595) is
amended--
(1) in paragraph (1), by striking ``United States Arms
Control and Disarmament Agency is'' and inserting ``Department
of State and the Department of Defense are respectively''; and
(2) in paragraph (7), by striking ``the United States Arms
Control and Disarmament Agency and''.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.
Section 106 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by amending the section heading to read as follows:
``SEC. 106. DEPARTMENT OF STATE ARMS CONTROL AND DISARMAMENT
ACTIVITIES.'';
and
(2) in subsection (a), by inserting ``to the Secretary of
State'' after ``appropriated''.
SEC. 2405. CONFORMING AMENDMENTS.
(a) The Arms Export Control Act is amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament Agency
in consultation with the Secretary of State and'' and inserting
``Secretary of State in consultation with'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking ``Director
of the United States Arms Control and Disarmament
Agency, taking into account the Director's'' and
inserting ``Secretary of State, taking into account the
Secretary's''; and
(B) in the second sentence, by striking ``The
Director of the Arms Control and Disarmament Agency is
authorized, whenever the Director'' and inserting ``The
Secretary of State is authorized, whenever the
Secretary'';
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking ``Director of
the United States Arms Control and Disarmament Agency''
and inserting ``Secretary of State''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking
``Director of the United States Arms Control
and Disarmament Agency'' and inserting
``Secretary of State''; and
(ii) in the second sentence, by striking
``Director of the Arms Control and Disarmament
Agency is authorized, whenever the Director''
and inserting ``Secretary of State is
authorized, whenever the Secretary'';
(4) in section 71(a) of such Act (22 U.S.C. 2797(a)), by
striking ``, the Director of the Arms Control and Disarmament
Agency,'' and inserting ``Secretary of State'';
(5) in section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)),
by striking ``Director of the United States Arms Control and
Disarmament Agency'' and inserting ``Secretary of State;
(6) in section 71(b)(2) of such Act (22 U.S.C.
2797(b)(2))--
(A) by striking ``Director of the United States
Arms Control and Disarmament Agency'' and inserting
``Secretary of State''; and
(B) by striking ``or the Director'';
(7) in section 71(c) of such Act (22 U.S.C. 2797(c)), by
striking ``Director of the United States Arms Control and
Disarmament Agency,'' and inserting ``Secretary of State''; and
(8) in section 73(d) of such Act (22 U.S.C. 2797b(d)), by
striking ``, the Secretary of Commerce, and the Director of the
United States Arms Control and Disarmament Agency'' and
inserting ``and the Secretary of Commerce''.
(b) Section 1706(b) of the United States Institute of Peace Act (22
U.S.C. 4605(b)) is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``Eleven'' and inserting ``Twelve''.
(c) The Atomic Energy Act of 1954 is amended--
(1) in section 57 b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms
Control and Disarmament Agency,'', and
(B) in the second sentence, by striking ``the
Director of the Arms Control and Disarmament Agency,'',
and
(2) in section 123 (42 U.S.C. 2153)--
(A) in subsection a. (in the text below paragraph
(9)--
(i) by striking ``and in consultation with
the Director of the Arms Control and
Disarmament Agency (`the Director')'', and
(ii) by striking ``and the Director'' and
inserting ``and the Secretary of Defense'',
(B) in subsection d., in the first proviso, by
striking ``Director of the Arms Control and Disarmament
Agency'' and inserting ``Secretary of Defense'', and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and
Disarmament Agency,''.
(d) The Nuclear Non-Proliferation Act of 1978 is amended--
(1) in section 4, by striking paragraph (2);
(2) in section 102, by striking ``the Secretary of State,
and the Director of the Arms Control and Disarmament Agency''
and inserting ``and the Secretary of State''; and
(3) in section 602(c), by striking ``the Arms Control and
Disarmament Agency,''.
(e) Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'',
(2) in section 5314, by striking ``Deputy Director of the
United States Arms Control and Disarmament Agency.'',
(3) in section 5315--
(A) by striking ``Assistant Directors, United
States Arms Control and Disarmament Agency (4).'', and
(B) by striking ``Special Representatives of the
President for arms control, nonproliferation, and
disarmament matters, United States Arms Control and
Disarmament Agency'', and inserting ``Special
Representatives of the President for arms control,
nonproliferation, and disarmament matters, Department
of State'', and
(4) in section 5316, by striking ``General Counsel of the
United States Arms Control and Disarmament Agency.''.
SEC. 2406. REFERENCES IN LAW.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to the United States Arms Control and Disarmament Agency or
the Director or other official of the United States Arms Control and
Disarmament Agency shall be deemed to refer respectively to the
Department of State or the Secretary of State or other official of the
Department of State.
SEC. 2407. EFFECTIVE DATE.
This chapter and the amendments made by this chapter shall take
effect on March 1, 1997.
CHAPTER 2--UNITED STATES INFORMATION AGENCY
SEC. 2431. ABOLITION.
The United States Information Agency is abolished upon the
effective date of this chapter.
SEC. 2432. REFERENCES IN LAW.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Director of the United States Information Agency or
the Director of the International Communication Agency shall be
deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer to
the Department of State.
SEC. 2433. AMENDMENTS TO TITLE 5.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Information Agency.'';
(2) in section 5315, by striking ``Deputy Director of the
United States Information Agency.''; and
(3) in section 5316, by striking ``Deputy Director, Policy
and Plans, United States Information Agency.'' and striking
``Associate Director (Policy and Plans), United States
Information Agency.''.
SEC. 2434. AMENDMENTS TO UNITED STATES INFORMATION AND EDUCATIONAL
EXCHANGE ACT OF 1948.
(a) References in Section.--Except as specifically provided in this
section, whenever in this section an amendment or repeal is expressed
as an amendment or repeal of a provision, the reference shall be deemed
to be made to the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.).
(b) In General.--Except as otherwise provided in this section, the
Act (other than section 604 and subsections (a) and (c) of section 701)
is amended--
(1) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State'';
(2) by striking ``Director of the United States Information
Agency'' each place it appears and inserting ``Secretary of
State'';
(3) by striking ``Director'' each place it appears and
inserting ``Secretary of State'';
(4) by striking ``USIA'' each place it appears and
inserting ``Department of State; and
(5) by striking ``Agency'' each place it appears and
inserting ``Department of State.
(c) Satellite and Television Broadcasts.--Section 505 (22 U.S.C.
1464a) is amended--
(1) by striking ``Director of the United States Information
Agency'' each of the three places it appears and inserting
``Secretary of State'';
(2) in subsection (b), by striking ``To be effective, the
United States Information Agency'' and inserting ``To be
effective in carrying out this subsection, the Department of
State'';
(3) by striking ``USIA-TV'' each place it appears and
inserting ``DEPARTMENT OF STATE-TV''; and
(4) by striking subsection (e).
(d) Nondiscretionary Personnel Costs and Currency Fluctuations.--
Section 704 (22 U.S.C. 1477b) is amended--
(1) in subsection (b), by inserting after ``authorized by
law'' the following: ``in connection with carrying out the
informational and educational exchange functions of the
Department''; and
(2) in subsection (c), by striking ``United States
Information Agency'' each place it appears and inserting
``Department of State in carrying out the informational and
educational exchange functions of the Department''.
(e) Reprogramming Notifications.--Section 705 (22 U.S.C. 1477c) is
amended by striking ``United States Information Agency'' each place it
appears and inserting ``Department of State in carrying out its
informational and educational exchange functions''.
(f) Authorities of the Secretary.--Section 801(3) (22 U.S.C.
1471(3)) is amended by striking all ``if the sufficiency'' and all that
follows and inserting ``if the Secretary determines that title to such
real property or interests is sufficient;''.
(g) Repeal of the USIA Seal.--Section 807 (22 U.S.C. 1475b) is
repealed.
(h) Acting Associate Directors.--Section 808 (22 U.S.C. 1475c) is
repealed.
(i) Debt Collection.--Section 811 (22 U.S.C. 1475f) is amended by
inserting ``informational and educational exchange'' before
``activities'' each place it appears.
(j) Overseas Posts.--Section 812 (22 U.S.C. 1475g) is amended by
striking ``United States Information Agency post'' each place it
appears and inserting ``informational and educational exchange post of
the Department of State''.
(k) Definition.--Section 4 (22 U.S.C. 1433) is amended by adding at
the end the following:
``(4) `informational and educational exchange functions',
with respect to the Department of State, refers to functions
exercised by the United States Information Agency before the
effective date of title XIII of the Foreign Affairs Reinvention
Act of 1995.''.
SEC. 2435. AMENDMENTS TO THE MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE
ACT OF 1961 (FULBRIGHT-HAYS ACT).
(a) References in Section.--Except as specifically provided in this
section, whenever in this section an amendment or repeal is expressed
as an amendment or repeal of a provision, the reference shall be deemed
to be made to the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2451 et seq.).
(b) In General.--The Act (22 U.S.C. 2451 et seq.) is amended by
striking ``Director of the International Communication Agency'' each
place it appears and inserting ``Secretary of State''.
(c) Program Authorities.--(1) Section 102(a) (22 U.S.C. 2452(a)) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(2) Section 102(b) (22 U.S.C. 2452(b)) is amended by striking
``President'' and inserting ``Secretary of State (except, in the case
of paragraphs (6) and (10), the President)''.
(d) International Agreements.--Section 103 (22 U.S.C. 2453) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(e) Personnel Benefits.--Section 104(d) (22 U.S.C. 2454(d)) is
amended by striking ``President'' each place it appears and inserting
``Secretary of State''.
(f) Foreign Student Counseling.--Section 104(e)(3) (22 U.S.C.
2454(e)(3)) is amended by striking ``President'' and inserting
``Secretary of State''.
(g) Publicity and Promotion Overseas.--Section 104(e)(4) (22 U.S.C.
2454(e)(4)) is amended by striking ``President'' and inserting
``Secretary of State''.
(h) Use of Funds.--Section 105(e) (22 U.S.C. 2455(e)) is amended by
striking ``President'' each place it appears and inserting ``Secretary
of State''.
(i) Repeal of Authority for Abolished Advisory Committee.--Section
106(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2456(c)) is repealed.
(j) Bureau of Educational and Cultural Affairs.--
(1) In general.--Section 112(a) (22 U.S.C. 2460(a)) is
amended by striking the first sentence and inserting the
following: ``In order to carry out the purposes of this Act,
there is established in the Department of State a Bureau for
International Exchange Activities (in this section referred to
as the ``Bureau'').
(2) Implementation of programs.--Section 112(c) (22 U.S.C.
2460(c)) is amended by striking ``President'' each place it
appears and inserting ``Secretary of State''.
SEC. 2436. INTERNATIONAL BROADCASTING ACTIVITIES.
(a) In General.--(1) Except as otherwise provided in paragraph (2),
title III of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236) is amended--
(A) by striking ``Director of the United States Information
Agency'' or ``Director'' each place it appears and inserting
``Under Secretary of State for Public Diplomacy'';
(B) by striking all references to ``United States
Information Agency'' that were not stricken in subparagraph (A)
and inserting ``Department of State'';
(C) in section 305(a)(1), by inserting ``(including
activities of the Voice of America previously carried out by
the United States Information Agency)'' after ``this title'';
(D) in section 305(b), by striking ``Agency's'' each place
it appears and inserting ``Department's''; and
(E) by striking ``Bureau'' each place it appears and
inserting ``Office''.
(2) Title III of such Act is amended--
(A) in section 304(c)--
(i) by striking ``Director's'' and inserting
``Under Secretary's''; and
(ii) in the fifth sentence, by striking ``Director
of the United States Information Agency, the acting
Director of the agency'' and inserting ``Under
Secretary of State for Public Diplomacy, the acting
Under Secretary'';
(B) in sections 305(b) and 307(b)(1), by striking
``Director of the Bureau'' each place it appears and inserting
``Director of the Office'';
(C) in subsections (i) and (j) of section 308, by striking
``Inspector General of the United States Information Agency''
each place it appears and inserting ``Inspector General for
Foreign Affairs''; and
(D) in section 310(d), by striking ``Director on the date
of enactment of this Act, to the extent that the Director'' and
inserting ``Under Secretary on the effective date of title XIII
of the Foreign Affairs Reinvention Act of 1995, to the extent
that the Under Secretary''.
(b) Conforming Amendment to Title 5.--Section 5315 of title 5,
United States Code, is amended by striking ``Director of the
International Broadcasting Bureau, the United States Information
Agency'' and inserting ``Director of the International Broadcasting
Office, the Department of State''.
SEC. 2437. TELEVISION BROADCASTING TO CUBA.
(a) Authority.--Section 243(a) of the Television Broadcasting to
Cuba Act (as contained in part D of title II of Public Law 101-246) (22
U.S.C. 1465bb(a)) is amended by striking ``United States Information
Agency (hereafter in this part referred to as the `Agency')'' and
inserting ``Department of State (hereafter in this chapter referred to
as the `Department')''.
(b) Television Marti Service.--Section 244 of such Act (22 U.S.C.
1465cc) is amended--
(1) in subsection (a)--
(A) by amending the first sentence to read as
follows: ``The Secretary of State shall administer
within the Voice of America the Television Marti
Service.'', and
(B) in the third sentence, by striking ``Director
of the United States Information Agency'' and inserting
``Secretary of State'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``USIA''
and inserting ``Department of State'',
(B) by striking ``Agency facilities'' and inserting
``Department facilities'', and
(C) by striking ``United States Information Agency
Television Service'' and inserting ``Department of
State Television Service''; and
(3) in subsection (c)--
(A) by striking ``USIA Authority.--The Agency'' and
inserting ``Secretary of State Authority.--The
Secretary of State''; and
(B) by striking ``Agency'' the second place it
appears and inserting ``Secretary of State''.
(c) Assistance From Other Government Agencies.--Section 246 of such
Act (22 U.S.C. 1465dd) is amended--
(1) by striking ``United States Information Agency'' and
inserting ``Department of State''; and
(2) by striking ``the Agency'' and inserting ``the
Department''.
(d) Authorization of Appropriations.--Section 247(a) of such Act
(22 U.S.C. 1465ee(a)) is repealed.
SEC. 2438. RADIO BROADCASTING TO CUBA.
(a) Functions of the Department of State.--Section 3 of the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465a) is amended--
(1) in the section heading, by striking ``United States
Information Agency'' and inserting ``Department of State'';
(2) in subsection (a), by striking ``United States
Information Agency (hereafter in this Act referred to as the
`Agency')'' and inserting ``Department of State (hereafter in
this Act referred to as the `Department')'';
(3) by striking subsection (d); and
(4) in subsection (f), by striking ``Director of the United
States Information Agency'' and inserting ``Secretary of
State''.
(b) Cuba Service.--Section 4 of such Act (22 U.S.C. 1465b) is
amended--
(1) by amending the first sentence to read as follows:
``The Secretary of State shall administer within the Voice of
America the Cuba Service (hereafter in this section referred to
as the `Service').''; and
(2) in the third sentence, by striking ``Director of the
United States Information Agency'' and inserting ``Secretary of
State''.
(c) Assistance From Other Government Agencies.--Section 6 of such
Act (22 U.S.C. 1465d) is amended--
(1) in subsection (a)--
(A) by striking ``United States Information
Agency'' and inserting ``Department of State''; and
(B) by striking ``the Agency'' and inserting ``the
Department''; and
(2) in subsection (b)--
(A) by striking ``The Agency'' and inserting ``The
Department''; and
(B) by striking ``the Agency'' and inserting ``the
Secretary of State''.
(d) Facility Compensation.--Section 7 of such Act (22 U.S.C. 1465e)
is amended--
(1) in subsection (b), by striking ``the Agency'' and
inserting ``the Department''; and
(2) in subsection (d), by striking ``Agency'' and inserting
``Department''.
(e) Authorization of Appropriations.--Section 8 of such Act (22
U.S.C. 1465f) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) The amount obligated by the Department of State each fiscal
year to carry out this Act shall be sufficient to maintain broadcasts
to Cuba under this Act at rates no less than the fiscal year 1985 level
of obligations by the former United States Information Agency for such
broadcasts.''; and
(2) by redesignating subsection (c) as subsection (b).
SEC. 2439. NATIONAL ENDOWMENT FOR DEMOCRACY.
(a) Grants.--Section 503 of Public Law 98-164, as amended (22
U.S.C. 4412) is amended--
(1) in subsection (a)--
(A) by striking ``Director of the United States
Information Agency'' and inserting ``Secretary of
State'';
(B) by striking ``the Agency'' and inserting ``the
Department of State''; and
(C) by striking ``the Director'' and inserting
``the Secretary of State''; and
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State''.
(b) Audits.--Section 504(g) of such Act (22 U.S.C. 4413(g)) is
amended by striking ``United States Information Agency'' and inserting
``Department of State''.
(c) Freedom of Information.--Section 506 of such Act (22 U.S.C.
4415) is amended--
(1) in subsection (b)--
(A) by striking ``Director'' each of the three
places it appears and inserting ``Secretary''; and
(B) by striking ``of the United States Information
Agency'' and inserting ``of State''; and
(2) in subsection (c)--
(A) in the subsection heading by striking ``USIA''
and inserting ``Department of State'';
(B) by striking ``Director'' each of the three
places it appears and inserting ``Secretary'';
(C) by striking ``of the United States Information
Agency'' and inserting ``of State''; and
(D) by striking ``United States Information
Agency'' and inserting ``Department of State''.
SEC. 2430. UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES.
(a) Program Authority.--Section 603 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4703) is
amended by striking ``United States Information Agency'' and inserting
``Department of State''.
(b) Guidelines.--Section 604(11) of such Act (22 U.S.C. 4704(11))
is amended by striking ``United States Information Agency'' and
inserting ``Department of State''.
(c) Policy Regarding Other International Educational Programs.--
Section 606(b) of such Act (22 U.S.C. 4706(b)) is amended--
(1) in the subsection heading, by striking ``USIA'' and
inserting ``State Department''; and
(2) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(d) General Authorities.--Section 609(e) of such Act (22 U.S.C.
4709(e)) is amended by striking ``United States Information Agency''
and inserting ``Department of State''.
SEC. 2431. NATIONAL SECURITY EDUCATION BOARD.
Section 803 of the Intelligence Authorization Act, Fiscal Year 1992
(50 U.S.C. 1903(b)) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph
(6); and
(2) in subsection (c), by striking ``subsection (b)(7)''
and inserting ``subsection (b)(6)''.
SEC. 2432. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN NORTH
AND SOUTH.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2075) is amended by striking ``Director
of the United States Information Agency'' each place it appears and
inserting ``Secretary of State''.
SEC. 2433. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST
AND WEST.
(a) Duties.--Section 703 of the Mutual Security Act of 1960 (22
U.S.C. 2055) is amended--
(1) in the text above paragraph (1), by striking ``Director
of the United States Information Agency'' (hereinafter referred
to as the `Director')'' and inserting ``Secretary of State
(hereinafter referred to as the `Secretary'); and
(2) in paragraph (1), by striking ``establishment and''.
(b) Administration.--Section 704 of such Act (22 U.S.C. 2056) is
amended--
(1) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(2) by striking ``Director'' each place it appears and
inserting ``Secretary''.
SEC. 2434. MISSION OF THE DEPARTMENT OF STATE.
Section 202 of the Foreign Relations Authorization Act, Fiscal Year
1979 (22 U.S.C. 1461-1) is amended--
(1) in the first sentence, by striking ``mission of the
United States Information Agency'' and inserting ``mission of
the Department of State in carrying out its information,
educational, and cultural functions'';
(2) in the second sentence, in the text above paragraph
(1), by striking ``United States Information Agency'' and
inserting ``Department of State'';
(3) in paragraph (1)(B), by striking ``Agency'' and
inserting ``Department''; and
(4) in paragraph (5), by striking ``mission of the Agency''
and inserting ``mission described in this section''.
SEC. 2435. CONSOLIDATION OF ADMINISTRATIVE SERVICES.
Section 23 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2695(a)) is amended--
(1) by striking ``(including'' and all that follows through
``Agency)''; and
(2) by striking ``other such agencies'' and inserting
``other Federal agencies''.
SEC. 2436. GRANTS.
Section 212 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) in subsection (a), by striking ``United States
Information Agency'' and inserting ``Department of State, in
carrying out its international information, educational, and
cultural functions,'';
(2) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``United States
Information Agency shall substantially comply with
United States Information Agency'' and inserting
``Department of State, in carrying out its
international information, educational, and cultural
functions, shall substantially comply with Department
of State''; and
(B) in paragraph (2), by striking ``United States
Information Agency'' and inserting ``Department of
State''; and
(C) in paragraphs (2) and (3), by striking
``Agency'' each of the two places it appears and
inserting ``Department''; and
(4) by striking subsection (d).
SEC. 2437. BAN ON DOMESTIC ACTIVITIES.
Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended--
(1) by striking out ``United States Information Agency''
each of the two places it appears and inserting ``Department of
State''; and
(2) by inserting ``in carrying out international
information, educational, and cultural activities comparable to
those previously administered by the United States Information
Agency'' before ``shall be distributed''.
SEC. 2438. CONFORMING REPEAL TO THE ARMS CONTROL AND DISARMAMENT ACT.
Section 34(b) of the Arms Control and Disarmament Act (22 U.S.C.
2574(b)) is repealed.
SEC. 2439. REPEAL RELATING TO PROCUREMENT OF LEGAL SERVICES.
Section 26(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2698(b)) is repealed.
SEC. 2440. REPEAL RELATING TO PAYMENT OF SUBSISTENCE EXPENSES.
Section 32 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2704) is amended by striking the second sentence.
SEC. 2441. CONFORMING AMENDMENT TO THE SEED ACT.
Section 2(c) of the Support for East European Democracy (SEED) Act
of 1989 (22 U.S.C. 5401(c)) is amended in paragraph (17) by striking
``United States Information Agency'' and inserting ``Department of
State''.
SEC. 2442. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION.
Section 7(c)(1) of the Federal Triangle Development Act (40 U.S.C.
1106(c)(1)) is amended--
(1) in the text above subparagraph (A), by striking ``15
members'' and inserting ``14 members'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G) through (J) as
subparagraphs (F) through (I), respectively.
SEC. 2443. OTHER LAWS REFERENCED IN REORGANIZATION PLAN NO. 2 OF 1977.
(a) Immigration and Nationality Act.--(1) Section 101(a)(15)(J) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) is
amended by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''.
(2) Section 212(e) of such Act (8 U.S.C. 1182(e)) is amended--
(A) by striking ``Director of the United States Information
Agency'' and inserting ``Secretary of State''; and
(B) by striking ``Director'' each place it appears and
inserting ``Secretary''.
(b) Arts and Artifacts Indemnity Act.--Section 3(a) of the Arts and
Artifacts Indemnity Act (20 U.S.C. 972(a)) is amended by striking out
``Director of the United States Information Agency'' and inserting in
lieu thereof ``Secretary of State''.
(c) National Foundation on the Arts and the Humanities Act of
1965.--Section 9(b) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 958(b)) is amended by striking out
``a member designated by the Director of the United States Information
Agency,'' and inserting in lieu thereof ``a member designated by the
Secretary of State,''.
(d) Woodrow Wilson Memorial Act of 1968.--Section 3(b) of the
Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)) is amended--
(1) in the matter preceding paragraph (1), by striking out
``19 members'' and inserting in lieu thereof ``18 members'';
(2) by striking out paragraph (7); and
(3) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(e) Public Law 95-86.--Title V of the Departments of State,
Justice, and Commerce, the Judiciary, and Related Agencies
Appropriations Act, 1978 (Public Law 95-86) is amended in the third
proviso of the paragraph ``salaries and expenses'' under the heading
``United States Information Agency'' (22 U.S.C. 1461b) by striking out
``the United States Information Agency is authorized,'' and inserting
in lieu thereof ``the Secretary of State may,''.
(f) Act of July 9, 1949.--The Act of July 9, 1949 (63 Stat. 408;
chapter 301; 22 U.S.C. 2681 et seq.) is repealed.
SEC. 2444. EXCHANGE PROGRAM WITH COUNTRIES IN TRANSITION FROM
TOTALITARIANISM TO DEMOCRACY.
Section 602 of the National and Community Service Act of 1990 (22
U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking
``United States Information Agency'' and inserting ``Department
of State''; and
(2) in subsection (b)--
(A) by striking ``appropriations account of the
United States Information Agency'' and inserting
``appropriate appropriations account of the Department
of State''; and
(B) by striking ``and the United States Information
Agency''.
SEC. 2445. EDMUND S. MUSKIE FELLOWSHIP PROGRAM.
Section 227 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452 note) is amended--
(1) in subsection (b), by striking ``United States
Information Agency'' and inserting ``Department of State''; and
(2) by striking subsection (d).
SEC. 2446. IMPLEMENTATION OF CONVENTION ON CULTURAL PROPERTY.
Title III of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2601 et seq.) is amended by striking ``Director of the
United States Information Agency'' each place it appears and inserting
``Secretary of State''.
SEC. 2447. REPEAL.
Section 252(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 6101(a)) is repealed.
SEC. 2448. UNITED STATES ADVISORY COMMITTEE FOR PUBLIC DIPLOMACY.
Section 604 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1469) is amended--
(1) in subsection (c)(1)--
(A) by striking ``the Director of the United States
Information Agency,''; and
(B) by striking ``Director or the Agency, and shall
appraise the effectiveness of policies and programs of
the Agency'' and inserting ``Secretary of State or the
Department of State, and shall appraise the
effectiveness of the information, educational, and
cultural policies and programs of the Department'';
(2) in subsection (c)(2), in the first sentence--
(A) by striking ``the Secretary of State, and the
Director of the United States Information Agency'' and
inserting ``, and the Secretary of State'';
(B) by striking ``Agency'' the first place it
appears and inserting ``Department of State''; and
(C) by striking ``Director for effectuating the
purposes of the Agency'' and inserting ``Secretary for
effectuating the information, educational, and cultural
functions of the Department'';
(3) in subsection (c)(3), by striking ``programs conducted
by the Agency'' and inserting ``information, educational, and
cultural programs conducted by the Department of State''; and
(4) in subsection (c)(4), by striking ``Director of the
United States Information Agency'' and inserting ``Secretary of
State''.
SEC. 2449. EFFECTIVE DATE.
This chapter, and the amendments made by this chapter, shall take
effect on March 1, 1997.
CHAPTER 3--AGENCY FOR INTERNATIONAL DEVELOPMENT
Subchapter A--General Provisions
SEC. 2451. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
chapter, and the amendments made by this chapter, shall take effect--
(1) on March 1, 1997; or
(2) on such earlier date as the President shall determine
to be appropriate and announce by notice published in the
Federal Register, which date may be not earlier than 60
calendar days (excluding any day on which either House of
Congress is not in session because of an adjournment sine die)
after the President has submitted a reorganization plan to the
appropriate congressional committees pursuant to section 421.
(b) Reorganization Plan.--Section 421 shall take effect on the date
of enactment of this Act.
SEC. 2452. REFERENCES IN THIS CHAPTER.
Except as specifically provided in this chapter, whenever in this
chapter an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a provision, the reference shall be considered to be
made to a provision of the Foreign Assistance Act of 1961.
Subchapter B--Abolition of the Agency for International Development and
Transfer of Functions to the Secretary of State
SEC. 2455. ABOLITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT AND THE
INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.
The Agency for International Development and the International
Development Cooperation Agency are abolished.
SEC. 2456. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.
There are transferred to the Secretary of State all functions of
the Administrator of the Agency for International Development and the
Director of the International Development Cooperation Agency and all
functions of the Agency for International Development and the
International Development Cooperation Agency and any officer or
component of such agencies under any statute, reorganization plan,
Executive order, or other provision of law before the effective date of
this chapter, except as otherwise provided in this chapter.
Subchapter C--Reorganization of Department of State Relating to
Functions Transferred Under This Chapter
SEC. 2461. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than March 1, 1996, the
President, in consultation with the Secretary and the Administrator of
the Agency for International Development, shall transmit to the
appropriate congressional committees a reorganization plan providing
for--
(1) the abolition of the Agency for International
Development in accordance with this chapter;
(2) the transfer to the Department of State of the
functions and personnel of the Agency for International
Development consistent with the provisions of this chapter; and
(3) the consolidation, reorganization, and streamlining of
the Department upon the transfer of functions under this
chapter in order to carry out such functions.
(b) Plan Elements.--The plan under subsection (a) shall--
(1) identify the functions of the Agency for International
Development that will be transferred to the Department under
the plan;
(2) identify the personnel and positions of the Agency
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred to the Department,
separated from service with the Agency, or be eliminated under
the plan, and set forth a schedule for such transfers,
separations, and terminations;
(3) identify the personnel and positions of the Department
(including civil service personnel, Foreign Service personnel,
and detailees) that will be transferred within the Department,
separated from service with the Department, or eliminated under
the plan, and set forth a schedule for such transfers,
separations, and terminations;
(4) specify the consolidations and reorganization of
functions of the Department that will be required under the
plan in order to permit the Department to carry out the
functions transferred to the Department under the plan;
(5) specify the funds available to the Agency for
International Development that will be transferred to the
Department under this chapter as a result of the transfer of
functions of the Agency to the Department;
(6) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the transfer
of functions under the plan; and
(7) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and
liabilities of the Agency in connection with the transfer of
the functions of the Agency to the Department.
(c) Assistant Secretary Positions.--The plan under subsection (a)
shall provide for an appropriate number of Assistant Secretaries of
State to carry out the functions transferred to the Department under
this chapter.
SEC. 2462. PRINCIPAL OFFICERS.
(a) Under Secretary of State for Development and Economic
Affairs.--
(1) Establishment.--Section 1(b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended
by adding after paragraph (2) the following new paragraph:
``(3) Under secretary for development and economic
affairs.--There shall be in the Department of State an Under
Secretary for Development and Economic Affairs who shall assist
the Secretary and the Deputy Secretary in the formation and
implementation of United States policies and activities
concerning international development and economic affairs.''.
(b) Transition Provision.--The President may appoint the individual
serving as Administrator of the Agency for International Development on
the day before the effective date of this chapter, or such other
official appointed by and with the advice and consent of the Senate and
serving within the Department of State or the Agency for International
Development as the President considers appropriate, to serve as the
acting Under Secretary for Development and Economic Affairs until an
individual is appointed to that office in accordance with section
1(b)(1) of the State Department Basic Authorities Act of 1956, as
amended by this Act.
Subchapter D--Conforming Amendments
SEC. 2465. REFERENCES.
Any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Administrator of the Agency for International
Development, or any other officer or employee of the Agency for
International Development shall be deemed to refer to the
Secretary of State;
(2) the Director or any other officer or employee of the
International Development Cooperation Agency (IDCA) shall be
deemed to refer to the Secretary of State; or
(3) the Agency for International Development, AID, the
agency primarily responsible for administering part I of the
Foreign Assistance Act of 1961, or the International
Development Cooperation Agency (IDCA) shall be deemed to refer
to the Department of State.
SEC. 2466. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS TO
OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.
(a) Abolition of Office of Inspector General of the Agency for
International Development.--The Office of Inspector General of the
Agency for International Development is abolished.
(b) Amendments to the Inspector General Act of 1978.--The Inspector
General Act of 1978 (5 U.S.C. App.) is amended as follows:
(1) Section 8A is repealed.
(2) Section 11(1) is amended by striking ``the
Administrator of the Agency for International Development,''.
(3) Section 11(2) is amended by striking ``the Agency for
International Development,''.
(c) Amendments to Title 5, United States Code.--Section 5315 of
title 5, United States Code, is amended by striking the following:
``Inspector General, Agency for International Development.''.
(d) Functions of Office of Inspector General of the Agency for
International Development Transferred to Office of Inspector General of
the Department of State.--There are transferred to the Office of
Inspector General of the Department of State the functions that the
Office of Inspector General of the Agency for International Development
exercised before the effective date of this chapter (including all
related functions of the Inspector General of the Agency for
International Development).
(e) Transfer and Allocations of Appropriations and Personnel.--The
Inspector General of the Department of State, is authorized to make
such 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, as may be necessary to carry out the provisions of
this section.
SEC. 2467. ABOLITION OF CHIEF FINANCIAL OFFICER OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT AND TRANSFER OF FUNCTIONS TO
CHIEF FINANCIAL OFFICER DEPARTMENT OF STATE.
(a) Abolition of Office of Chief Financial Officer of the Agency
for International Development.--The Office of Chief Financial Officer
of the Agency for International Development is abolished.
(b) Amendment to Title 31, United States Code.--Section 901(b)(2)
of title 31, United States Code, is amended by striking subparagraph
(A).
(c) Functions of Office of Chief Financial Officer of the Agency
for International Development Transferred to Office of Chief Financial
Officer of the Department of State.--There are transferred to the
Office of Chief Financial Officer of the Department of State the
functions that the Office of Chief Financial Officer of the Agency for
International Development exercised before the effective date of this
chapter (including all related functions of the Chief Financial Officer
of the Agency for International Development).
(d) Transfer and Allocations of Appropriations and Personnel.--The
Director of the Office of Management and Budget, in consultation with
the Secretary of State, is authorized to make such 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, as may be necessary to carry out the provisions of this
section.
SEC. 2468. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Administrator, Agency
for International Development.'';
(2) in section 5314, by striking ``Deputy Administrator,
Agency for International Development.'';
(3) in section 5315--
(A) by striking ``Assistant Administrators, Agency
for International Development (6).''; and
(B) by striking ``Regional Assistant
Administrators, Agency for International Development
(4).''; and
(4) in section 5316 by striking ``General Counsel of the
Agency for International Development.''.
SEC. 2469. PUBLIC LAW 480 PROGRAM.
The Agricultural Trade Development and Assistance Act of 1954
(Public Law 83-480; 7 U.S.C. 1691 et seq.) is amended by striking
``Administrator'' each place it appears and inserting ``Under Secretary
of State for Development and Economic Affairs''.
CHAPTER 4--ORGANIZATION OF THE DEPARTMENT OF STATE AND FOREIGN SERVICE
SEC. 2471. OFFICE OF THE SECRETARY OF STATE.
(a) Secretary of State.--Section 1 of the State Department Basic
Authorities of 1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) The Secretary shall serve as the principal foreign
policy adviser to the President and shall, under the direction
of the President, be responsible for the overall direction,
coordination, and supervision of United States foreign
relations and for the interdepartmental activities of the
United States Government abroad.''.
(b) Deputy Secretary.--Section 1(b) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended to read as
follows:
``(b) Deputy Secretary.--(1) There shall be within the Department
of State a Deputy Secretary of State, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) The Deputy Secretary shall have primary responsibility, which
may not be delegated, to assure adequate foreign policy coordination
with respect to the international activities of other agencies and
development entities.
``(3) The Deputy Secretary shall act for, and exercise the powers
of, the Secretary during his absence or disability or during a vacancy
in the office of the Secretary.''.
(c) America Desk.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended to read as
follows:
``(c) America Desk.--(1)(A) The Secretary shall establish and
maintain staff within the office of the Secretary that shall be
responsible for ensuring that adequate consideration is afforded to
United States commercial and business interests in the formulation of
United States foreign policy.
``(B) The staff established under subparagraph (A) may be referred
to as the `America Desk'.
``(2) The America Desk shall also serve as an ombudsman and as a
point of liaison to United States commercial and economic interests and
to provide policymakers with input that will help keep policy
responsive to the needs of United States citizens.
``(3) In addition, in the event of certain foreign emergencies or
crises affecting United States citizens, the America Desk shall help
energize the Department's resources in a coordinated response.''.
(d) Resources, Policy, and Planning Staff.--Section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) by striking subsection (e);
(2) by redesignating subsection (d) as subsection (e); and
(3) by amending subsection (d) to read as follows:
``(d) Resources, Policy, and Planning Staff.--(1) The Secretary
shall establish and maintain a Resources, Policy, and Planning Staff
within the office of the Secretary to provide the Secretary, the Deputy
Secretary of State, and the Under Secretaries of State precise
information on and recommendations concerning the resource implications
of foreign policy proposals.
``(2) The staff shall be responsible to ensure that the Secretary
of State has an independent assessment of the budgetary impact of
foreign policy proposals.''.
(e) Assumption of Duties by Incumbent Appointees.--An individual
holding an office immediately prior to the date of enactment of this
Act--
(1) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(2) who performs duties substantially similar to the duties
of an office created or proposed to be created under the
amendments of this section,
may, in the discretion of the Secretary of State, assume the duties of
such new office, and shall not be required to be reappointed by reason
of the enactment of this section.
SEC. 2472. UNDER SECRETARIES.
(a) Amendment to the State Department Basic Authorities Act.--The
State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et
seq.) is amended by inserting after section 1 the following new
section:
``SEC. 1A. UNDER SECRETARIES OF STATE.
``(a) In General.--(1) There shall be in the Department of State
not more than the following five Under Secretaries of State, who shall
be appointed by the President, by and with the advice and consent of
the Senate:
``(A) The Under Secretary of State for Policy.
``(B) The Under Secretary of State for Export, Trade,
Economics, and Business.
``(C) The Under Secretary of State for International
Security.
``(D) The Under Secretary of State for Public Diplomacy.
``(E) The Under Secretary of State for Management.
``(2) The responsibilities of the Under Secretaries of State
include, but are not limited to, the responsibilities provided for in
this section.
``(b) Under Secretary of State for Policy.--
``(1) In general.--There is an Under Secretary of State for
Policy.
``(2) Responsibilities.--The Under Secretary of State for
Policy shall be responsible to the Secretary of State and the
Deputy Secretary of State for the following:
``(A) Assisting in the development, implementation,
and conduct of foreign policy and foreign assistance
policy.
``(B) Determining the policy goals and functions of
United States diplomatic missions and ensuring that
overall mission staffing reflects policy priorities.
``(C) Ensuring policy coordination of all
international programs carried out by the departments
and agencies of the Federal Government in the areas
within the responsibilities of the Under Secretary.
``(3) Office of the under secretary.--There shall be within
the Office of the Under Secretary for Policy the Office of
Enterprise Fund Coordination which shall ensure that programs
of enterprise funds support regional policy goals, are well
managed and audited, and are sufficiently capitalized.
``(c) Under Secretary of State for Export, Trade, Economics, and
Business.--
``(1) In general.--There is an Under Secretary of State for
Export, Trade, Economics, and Business.
``(2) Responsibilities.--(A) The Under Secretary of State
for Export, Trade, Economics, and Business shall be responsible
to the Secretary of State and the Deputy Secretary of State for
the following:
``(i) Assisting in the development, implementation,
and conduct of foreign policy and foreign assistance
policy with respect to export promotion, trade,
economics, and business and with respect to science and
environmental matters and the oceans.
``(ii) Overseeing international programs with
respect to the matters referred to in subparagraph (A)
that are carried out by the departments and agencies of
the Federal Government other than the Department of
State.
``(B) The Under Secretary shall be the representative of
the Department of State on the Trade Promotion Coordinating
Committee established under section 2312 of the Export
Enhancement Act of 1988 (15 U.S.C. 4724).
``(d) Under Secretary of State for International Security.--
``(1) In general.--There is an Under Secretary of State for
International Security.
``(2) Responsibilities.--The Under Secretary of State for
International Security shall be responsible to the Secretary of
State and the Deputy Secretary of State for the following:
``(A) Assisting in the development of policy
relating to matters of international security,
including arms control and nonproliferation,
international narcotics and crime control, refugee and
migration affairs, emergency humanitarian issues, and
foreign assistance issues related thereto.
``(B) Advising on matters of arms control and
disarmament, arms sales, and nonproliferation of
weapons of mass destruction.
``(3) Office of the under secretary.--There shall be within
the Office of the Under Secretary of State for International
Security--
``(A) the Coordinator for Economic Support Funds-
Foreign Military Financing, who shall seek to assure
that programs under chapter 4 of part II of the Foreign
Assistance Act of 1961 and under section 23 of the Arms
Export Control Act reflect United States foreign policy
objectives; and
``(B) the Coordinator for Counter-Terrorism, who
shall develop, coordinate, and oversee the
implementation of, the policy of the Department of
State to counter acts of international terrorism.
``(e) Under Secretary of State for Public Diplomacy.--
``(1) In general.--There is an Under Secretary of State for
Public Diplomacy.
``(2) Responsibilities.--The Under Secretary of State for
Public Diplomacy shall be responsible to the Secretary of State
and the Deputy Secretary of State for the following:
``(A) Assisting in the development, implementation,
and conduct of United States policy on public
diplomacy, including international exchange programs
and international broadcasting.
``(B) Coordinating international exchange programs
that are carried out by departments and agencies of the
Federal Government other than the Department of State.
``(C) Disseminating information, including the use
and maintenance of electronic information capabilities,
such as the wireless file, and library and overseas
resource centers.
``(i) providing information to the public
outside the United States on United States
foreign policy and assistance policy; and
``(ii) providing to the Secretary of State
information on public reaction, foreign
attitudes and media reaction to United States
foreign policy.
``(3) Office of the under secretary.--There shall be within
the office of the Under Secretary of State of Public Diplomacy
the Press Office and Spokesperson which shall carry out
domestic liaison activities, including authority over the
current foreign press centers in the United States.
``(f) Under Secretary of State for Management.--
``(1) In general.--There is an Under Secretary of State for
Management.
``(2) Responsibilities.--The Under Secretary of State for
Management shall be responsible to the Secretary of State and
the Deputy Secretary of State for the following:
``(A) Assisting in the development, implementation,
and conduct of policy for the management of the
Department of State, including the management of United
States diplomatic missions and consular posts abroad.
``(B) Assuring adequate management support for the
conduct of United States foreign policy and foreign
assistance policy, including personnel staffing levels
adequate to support the overall foreign policy
objectives.
``(C) Developing and implementing policy on
consular programs.''.
(b) Assumption of Duties by Incumbent Appointees.--An individual
holding an office immediately prior to the date of enactment of this
Act--
(1) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(2) who performs duties substantially similar to the duties
of an office created or proposed to be created under section 1A
of the State Department Basic Authorities Act of 1956,
may, in the discretion of the Secretary of State, assume the duties of
such new office, and shall not be required to be reappointed by reason
of the enactment of that section.
SEC. 2473. ASSISTANT SECRETARIES OF STATE.
(a) Amendment to the State Department Basic Authorities Act.--The
State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et
seq.) is amended by inserting after section 1A, as added by section
1102, the following new section:
``SEC. 1B. ASSISTANT SECRETARIES OF STATE.
``(a) In General.--(1) There shall be in the Department of State
not more than 20 Assistant Secretaries of State, who shall be appointed
by the President, by and with the advice and consent of the Senate. The
responsibilities of the Assistant Secretaries of State include, but are
not limited to, the responsibilities provided for in this section.
``(2) Under each Assistant Secretary of State having regional
responsibilities described in paragraphs (1) through (6) of subsection
(b), there should be a Deputy Assistant Secretary of State for Trade,
and Development Assistance.
``(b) Assistant Secretaries Reporting to the Under Secretary of
State for Policy.--The following Assistant Secretaries of State should
be subject to the supervision and policy guidance of the Under
Secretary of State for Policy and should have the following
responsibilities:
``(1) Assistant secretary for inter-american affairs.--
There should be an Assistant Secretary of State for Inter-
American Affairs who should assist in the development and
implementation of United States foreign policy and foreign
assistance policy with respect to the Western Hemisphere.
``(2) Assistant secretary for western and central european
affairs.--There should be an Assistant Secretary of State for
Western and Central European Affairs who should assist in the
development and implementation of United States foreign policy
and foreign assistance policy with respect to Western and
Central Europe.
``(3) Assistant secretary for asian and pacific affairs.--
There should be an Assistant Secretary of State for Asian and
Pacific Affairs who should assist in the development and
implementation of United States foreign policy and foreign
assistance policy with respect to Asia and the Pacific.
``(4) Assistant secretary for african affairs.--There
should be an Assistant Secretary of State for African Affairs
who should assist in the development and implementation of
United States foreign policy and foreign assistance policy with
respect to Africa.
``(5) Assistant secretary for near eastern affairs.--There
should be an Assistant Secretary of State for Near Eastern
Affairs who should assist in the development and implementation
of United States foreign policy and foreign assistance policy
with respect to the Near East.
``(6) Assistant secretary for eastern europe and central
asia affairs.--There should be an Assistant Secretary of State
for Eastern Europe and Central Asia Affairs who should assist
in the development and implementation of United States foreign
policy and foreign assistance policy with respect to Armenia,
Azerbaijan, Georgia, Kazakstan, Kyrgyzstan, Russia, Tajikistan,
Turkmenistan, and Uzbekistan.
``(7) Assistant secretary for international
organizations.--There should be an Assistant Secretary for
International Organizations who should have the rank and status
of Ambassador Extraordinary and Plenipotentiary and who--
``(A) should serve as the Permanent Representative
of the United States to the United Nations;
``(B) may serve ex officio as representative of the
United States in any organ, commission, or other body
of any international organization other than a
specialized agency of the United Nations;
``(C) should develop, coordinate, and implement
United States policy in the United Nations, specialized
agencies, and other international organizations,
including United States policy on issues relating to
United Nations peacekeeping activities;
``(D) should ensure that the United States
participates in international organizations in a
consistent fashion; and
``(E) should manage United States participation in
multilateral conferences, including accrediting and
instructing United States delegations to such
conferences and providing representational and
logistical support to such delegations.
``(8) Assistant secretary for democracy and human rights.--
There should be an Assistant Secretary of State for Democracy
and Human Rights, who should--
``(A) develop, coordinate, and implement United
States policy and programs for the promotion of
freedom, democracy, respect for human rights, and
similar matters around the world;
``(B) support and provide advice to the regional
Assistant Secretaries of State referred to in
paragraphs (1) through (6) in the promotion of the
matters referred to in subparagraph (A);
``(C) serve as liaison with nongovernmental
organizations that are active in the promotion of such
matters;
``(D) prepare the annual report of the Department
of State on human rights practices; and
``(E) advise the Immigration and Naturalization
Service on applications by foreign nationals for
political asylum in the United States.
``(c) Assistant Secretaries Reporting to the Under Secretary of
State for Export, Trade, Economics, and Business.--The following
Assistant Secretaries of State should be subject to the supervision and
policy guidance of the Under Secretary of State for Export, Trade,
Economics, and Business and should have the following responsibilities:
``(1) Assistant secretary for economics and business
affairs.--
``(A) In general.--There should be an Assistant
Secretary of State for Economics and Business Affairs
who should--
``(i) develop, coordinate, and implement
United States international economic policy,
including resource and food policy, energy
policy, trade policy, policy with respect to
economic sanctions, and policy for the
promotion of a stable and open international
financial system;
``(ii) ensure that United States economic
and commercial interests are given appropriate
weight in the development and implementation of
United States foreign policy;
``(iii) negotiate agreements for the
purposes of promoting United States business
abroad, improving the economic competitiveness
of United States business abroad, and
facilitating United States business activities
abroad; and
``(iv) advise other bureaus and elements of
the Department of State on economic policy
issues relating to the matters set forth in
clauses (i) through (iii).
``(B) Office of the assistant secretary.--There
should be within the Office of the Assistant Secretary
of State for Economic and Business Affairs the Office
of Telecommunications and Aviation. The office should--
``(i) develop, coordinate, and implement
policy on issues relating to international
telecommunications, international information
utilization and exchange, and international
aviation and maritime matters;
``(ii) consult with and coordinate the
activities of the other departments and
agencies of the Federal Government with respect
to the policy referred to in clause (i); and
``(iii) conduct negotiations with foreign
governments and international organizations
with respect to such policy.
``(2) Assistant secretary for oceans and environmental and
science affairs.--There should be an Assistant Secretary of
State for Oceans
and Environmental and Science Affairs who should develop,
coordinate, and implement policy on the scientific and technological
facets of the relations of the United States with foreign governments
and international organizations and on matters relating to the
environment, the oceans, fishing, and space.
``(d) Assistant Secretaries Reporting to the Under Secretary of
State for International Security.--The following Assistant Secretaries
of State should be subject to the supervision and policy guidance of
the Under Secretary of State for International Security and should have
the following responsibilities:
``(1) Assistant secretary for arms control and non-
proliferation affairs.--(A) There shall be an Assistant
Secretary of State for Arms Control and Non-Proliferation
Affairs who shall--
``(i) develop and coordinate policy on non-
proliferation of weapons of mass destruction (including
nuclear, chemical, and biological weapons and missile
technology) and nuclear and conventional arms control;
and
``(ii) prepare for and operate United States
participation in international control systems that may
result from United States arms control activities.
``(B) Deputy assistant secretaries.--(i) There shall be
four Deputy Assistant Secretaries of State who shall report to
the Assistant Secretary of State for Arms Control and Non-
Proliferation Affairs for the following matters, respectively:
``(I) Verification of compliance with arms control
agreements (including memoranda of understanding).
``(II) Conventional arms control.
``(III) Nuclear nonproliferation.
``(IV) Control of weapons of mass destruction.
``(ii) One such Deputy Assistant Secretary shall serve as
the principal Deputy to the Assistant Secretary.
``(2) Assistant secretary for international narcotics and
law enforcement affairs.--There should be an Assistant
Secretary of State for International Narcotics and Law
Enforcement Affairs who should--
``(A) develop, coordinate, and implement
international narcotics assistance activities delegated
to the Secretary of State under chapter 8 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et
seq.);
``(B) serve as principal point of contact and
provide advice on international narcotics control
matters for the Office of Management and Budget, the
National Security Council, and the Executive Office of
the President to ensure implementation of United States
policy in narcotics matters; and
``(C) carry out international law enforcement
activities of the Department of State under the
International Narcotics Control Correction Act of 1994,
including--
``(i) promoting law enforcement and policy
initiatives bilaterally or multilaterally which
are of high priority to the national interest
of the United States;
``(ii) promoting improved coordination
among United States policy and law enforcement
agencies for their activities outside the
United States; and
``(iii) developing law enforcement training
programs to strengthen and stabilize
democracies throughout the world.
``(3) Assistant secretary for political-military affairs.--
There should be an Assistant Secretary of State for Political-
Military Affairs who should--
``(A) serve as the Department's primary liaison
with the Department of Defense;
``(B) seek to further United States national
security objectives by--
``(i) stabilizing regional military
balances through negotiations and security
assistance;
``(ii) maintaining global access for United
States military forces;
``(iii) inhibiting the access by
adversaries to militarily significant
technologies; and
``(iv) promoting responsible United States
defense trade; and
``(C) coordinate with the Department of Defense on
issues involving United States participation in United
Nations peacekeeping activities.
``(4) Assistant secretary for humanitarian assistance,
refugees, and migration affairs.--There should be an Assistant
Secretary of State for Humanitarian Assistance, Refugees, and
Migration Affairs who should--
``(A) recommend and implement policy on
humanitarian assistance and refugee and migration
affairs;
``(B) operate United States refugee programs
abroad, carried out in cooperation with other
governments, private and international organizations,
and other United States government agencies;
``(C) carry out programs relating to the relief and
repatriation of refugees, and the selection and
processing of refugees to be admitted to the United
States;
``(D) implement abroad United States programs for
disaster preparedness, relief, and rehabilitation,
incorporating activities previously carried out by the
Office of Foreign Disaster Assistance of the Agency for
International Development; and
``(E) function as primary coordination point for
United States' international humanitarian emergency
response efforts.
``(e) Assistant Secretaries Reporting to the Under Secretary of
State for Public Diplomacy.--Except as provided in paragraph (2), the
following Assistant Secretary of State and officials of the Department
of State should be subject to the supervision and policy guidance of
the Under Secretary of State for Public Diplomacy and should have the
following responsibilities:
``(1) Assistant secretary for international exchanges.--
``(A) In general.--There shall be an Assistant
Secretary of State for International Exchanges who
shall--
``(i) administer programs carried out under
the Mutual Educational and Cultural Exchange
Act of 1961 (Public Law 87-256) so as to ensure
that such programs support United States
interests abroad and reflect the values of the
people of the United States;
``(ii) develop and implement policy for,
and provide professional guidance, materials,
and other program support to, the libraries and
binational centers of the Department of State
abroad;
``(iii) administer fine arts programs and
performing arts programs abroad, including
arranging for tours abroad of
United States performing arts groups and fine
arts exhibitions; and
``(iv) develop and implement other programs
in support of United States interests abroad,
including programs for the identification and
recruitment of individuals to speak of such
interests abroad and for establishing links
between United States and foreign cultural
institutions.
``(B) Office of the assistant secretary.--There
shall be within the Office of the Assistant Secretary
of State for International Exchanges the Office of
Program Coordination. The Secretary of State, acting
through the Office, shall be responsible for tracking
identification and coordination of all United States
Government sponsored nonmilitary international exchange
programs. The Office shall be charged to identify and
make recommendations to the President on programs that
are duplicative and, therefore, should be eliminated.
``(2) Chairman of the broadcasting board of governors and
the director of the international broadcasting office.--The
Chairman of the Broadcasting Board of Governors and the
Director of the International Broadcasting Office shall have
the responsibilities set forth for those positions in title III
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995.
``(f) Assistant Secretaries Reporting to the Under Secretary of
State for Management.--The following Assistant Secretaries of State
should be subject to the supervision and policy guidance of the Under
Secretary of State for Management and should have the following
responsibilities:
``(1) Assistant secretary for consular affairs.--There
should be an Assistant Secretary of State for Consular Affairs
who should develop, coordinate, and implement policy relating
to the protection and welfare of United States citizens and
interests abroad, the issuance of passports and visas, and the
provision of other consular services.
``(2) Assistant secretary for administration.--There should
be an Assistant Secretary of State for Administration who
should--
``(A) develop, coordinate, and implement policy,
programs, and activities for the provision of
administrative support for the Department of State,
including support for building operations of the
Department in the United States and abroad, support for
information management, support for telecommunications,
support for the Diplomatic Contingency Program of the
Department, support for travel abroad by the President
and the Vice President, and support for schools for
dependents of Department personnel abroad;
``(B) manage acquisition activities of the
Department in the United States;
``(C) oversee acquisition activities of the
Department abroad;
``(D) ensure the provision of supply and
transportation services to the Department; and
``(E) ensure the provision of language services for
the Secretary of State, the Executive Office of the
President, and other officials of the Federal
Government.
``(3) Assistant secretary for diplomatic security.--There
should be an Assistant Secretary of State for Diplomatic
Security who should--
``(A) develop, coordinate, and implement policy for
the purpose of ensuring the security of personnel who
conduct United States diplomacy and promote United
States interests abroad;
``(B) assign security personnel to posts abroad for
the purpose referred to in subparagraph (A);
``(C) carry out the duties set forth in the Omnibus
Diplomatic Security Act of 1986 (22 U.S.C. 4801 et
seq.); and
``(D) administer through the Office of Foreign
Missions, the authorities relating to the regulation of
foreign missions under title II of this Act.
``(g) Positions Reporting to the Secretary of State.--There should
be in the Department of State, the following officials who should be
appointed by the President, by and with the advice and consent of the
Senate, and who should report to the Secretary of State and who should
have the following responsibilities:
``(1) Assistant secretary of state for intelligence and
strategic plans.--There should be an Assistant Secretary of
State for Intelligence and Strategic Plans, who should--
``(A) provide the Secretary, the Deputy Secretary,
and Department principals with intelligence
information, briefings, analysis, and
coordination necessary to carry out the President's
foreign policy;
``(B) serve as primary adviser to the Secretary of
State and intelligence briefer for senior Department
policymakers;
``(C) undertake strategic (medium- and long-term)
policy studies and analyses, and keep policymakers
aware of strategic trends in areas of current or
potential policy interest''; and
``(D) provide the intelligence community guidance
as necessary to help ensure products are focused
adequately to support policymakers.
``(2) Assistant secretary of state for legislative
affairs.--There should be an Assistant Secretary of State for
Legislative Affairs, who should--
``(A) supervise and coordinate all foreign affairs-
related legislative activities within the Department of
State and among the Department, Congress, and other
agencies;
``(B) supervise and coordinate all personnel of the
Department who are designated or assigned legislative
responsibilities and who should report to the Assistant
Secretary of State for Legislative Affairs;
``(C) ensure that congressional perspectives are
considered in the foreign policymaking process, that
the administration's views are accurately presented to
Congress, and that a coordinated legislative strategy
is implemented by executive branch agencies; and
``(D) be responsible for rating and reviewing all
employees of any bureau whose duties comprise primarily
of legislative matters.''.
(b) Assumption of Duties by Incumbent Appointees.--An individual
holding an office immediately prior to the date of enactment of this
Act--
(1) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(2) who performs duties substantially similar to the duties
of an office created or proposed to be created under section 1B
of the State Department Basic Authorities Act of 1956,
may, in the discretion of the Secretary of State, assume the duties of
such new office, and shall not be required to be reappointed by reason
of the enactment of that section.
SEC. 2474. OTHER STATE DEPARTMENT POSITIONS.
(a) Amendment to State Department Basic Authorities Act.--Section
1B of the State Department Basic Authorities Act of 1956, as added by
this Act, is amended by adding at the end the following new section:
``SEC. 1C. OTHER STATE DEPARTMENT POSITIONS.
``(a) General Counsel.--
``(1) There should be a General Counsel, who should be
appointed by the President, by and with the advice and consent
of the Senate, who should be paid at the rate provided for
positions at level IV of the Executive Schedule, and who
should--
``(A) serve as principal adviser to the Secretary
and, through the Secretary, to the President on all
matters of international law arising in the conduct of
United States foreign relations; and
``(B) provide general legal advice and services to
the Secretary and other officials of the Department on
matters with which the Department and overseas posts
are concerned.
``(2) The General Counsel should assume the functions
previously exercised by the Legal Adviser.
``(b) Positions Reporting to the Under Secretary of State for
Management.--The following officials within the Department of State
should report directly to the Under Secretary of State for Management:
``(1) Chief financial officer.--There is in the Department
of State a Chief Financial Officer who is appointed and paid in
accordance with section 901 of title 31, United States Code,
and who shall--
``(A) serve as the Department's Budget Officer and
shall manage the financial affairs of the Department,
consistent with section 902 of title 31, United States
Code;
``(B) ensure adequate systems within the Department
for the production of reliable and timely financial and
related programmatic information;
``(C) develop financial analysis and performance
reports regarding the activities of the Department; and
``(D) integrate functions of the Department related
to budget execution and financial accounting.
``(2) Director general of the foreign service.--There
should be a Director General of the Foreign Service who should
be appointed by the President, by and with the advice and
consent of the
Senate, and who should be paid at the rate of pay provided for
positions at level IV of the Executive Schedule. The Director General
should--
``(A) act as principal advisor to the Secretary of
State on all matters relating to the Foreign Service,
including matters relating to recruitment, training,
professional development, assignment, and utilization
of Foreign Service personnel;
``(B) provide joint training for all such personnel
and ensure the assignment of such personnel to
positions that require and provide experience in a
variety of disciplines; and
``(C) perform such functions in connection with the
administration of the Foreign Service as the Secretary
of State may prescribe.
``(3) Director of personnel.--There should be within the
Department of State a Director of Personnel who should be
appointed by the President, by and with the advice and consent
of the Senate, and who should be paid at the rate of pay
provided for positions at level IV of the Executive Schedule.
The Director of Personnel should--
``(A) implement policies and programs for personnel
of the Department of State, including personnel under
the Civil Service system, personnel under the Foreign
Service System (in consultation with the Director
General for the Foreign Service), and personnel who are
Foreign Service National employees; and
``(B) oversee activities of the National Center for
Humanities, Education, Languages, and Management
Studies.''.
(b) Conforming Repeal.--Section 208 of the Foreign Service Act of
1980 (22 U.S.C. 3928), relating to the Director General of the Foreign
Service, is repealed.
(c) Assumption of Duties by Incumbent Appointees.--An individual
holding an office immediately prior to the date of enactment of this
Act--
(1) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(2) who performs duties substantially similar to the duties
of an office created or proposed to be created under section 1C
of the State Department Basic Authorities Act of 1956,
may, at the discretion of the Secretary of State, assume the duties of
such new office, and shall not be required to be reappointed by reason
of the enactment of that section.
SEC. 2475. INSPECTOR GENERAL FOR FOREIGN AFFAIRS.
(a) Term of Service; Limitation on Appointment.--Section 209(a)(1)
of the Foreign Service Act of 1980 (22 U.S.C. 3929) is amended--
(1) in the first sentence, by striking ``Inspector General
of the Department of State and the Foreign Service'' and
inserting ``Inspector General for Foreign Affairs''; and
(2) by inserting after the first sentence the following new
sentences: ``The Inspector General shall serve a term of six
years. The Inspector General may be reappointed by the
President, by and with the advice and consent of the Senate,
for an additional term or terms of six years each. No career
member of the Foreign Service, as defined in section 103, may
be appointed Inspector General.''.
(b) Redesignation of Inspector General of the Department of State
As Inspector General for Foreign Affairs.--(1) The Inspector General
Act of 1978 (5 U.S.C. App. 3) is amended--
(A) by redesignating section 8G (as added by section 104(a)
of Public Law 100-504) and section 8G (as added by section 105
of Public Law 100-504) as sections 8H and 8I, respectively; and
(B) by inserting after section 8F the following:
``special provisions relating to the inspector general for foreign
affairs
``Sec. 8G. In addition to the other duties and responsibilities
specified in this Act, the Inspector General of the Department of State
(also known as the `Inspector General for Foreign Affairs') shall
exercise the authorities of section 209 of the Foreign Service Act of
1980 (including authorities with respect to the Broadcasting Board of
Governors).''.
(2) Section 5315 of title 5, United States Code, is amended by
striking ``Inspector General, Department of State'' and inserting
``Inspector General for Foreign Affairs, Department of State''.
(3) Section 413 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4861) is repealed.
(c) Repeal Relating to the Inspector General for the United States
Arms Control and Disarmament Agency.--Section 50 of the Arms Control
and Disarmament Act (22 U.S.C. 2593a), relating to the ACDA Inspector
General, is repealed.
(d) Conforming Amendments Relating to the Inspector General of the
United States Information Agency.--(1) Section 11 of the Inspector
General Act of 1978 (5 U.S.C. App. 3) is amended--
(A) in paragraph (1), by striking ``or the United States
Information Agency''; and
(B) in paragraph (2), by striking ``the United States
Information Agency,''.
(2) Section 5315 of title 5, United States Code, is amended by
striking ``Inspector General, United States Information Agency.''
(e) Conforming Amendments and Repeal Relating to the Inspector
General of the Agency for International Development.--(1) Section 11 of
the Inspector General Act of 1978 (5 U.S.C. App. 3) is amended--
(A) in paragraph (1), by striking ``Agency for
International Development,''; and
(B) in paragraph (2), by striking ``the Agency for
International Development,''.
(2) Section 239(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2199(e)) is amended by striking ``Inspector General of the Agency for
International Development'' and inserting ``Inspector General for
Foreign Affairs''.
(3) Section 8A of the Inspector General Act of 1978 (5 U.S.C. App.
3) is repealed.
(4) Section 5315 of title 5, United States Code, is amended by
striking ``Inspector General, Agency for International Development.''.
(f) Assumption of Duties by Incumbent Appointee.--An individual
holding the office of Inspector General of the Department of State
immediately prior to the effective date contained in subsection
(g)(4)--
(1) who was appointed to the office by the President, by
and with the advice and consent of the Senate; and
(2) who performs duties substantially similar to the duties
of an office created under the amendments made by subsections
(a) and (b),
may, in the discretion of the Secretary of State, assume the duties of
such new office, and shall not be required to be reappointed by reason
of the enactment of this section.
(g) Effective Dates.--The following shall be the effective dates
for amendments and repeals made by this section:
(1) The repeal made by subsection (c), on the effective
date of title XII.
(2) The amendments made by subsection (d), on the effective
date of title XIII.
(3) The amendments and repeal made by subsection (e), on
the effective date of title XIV.
(4) The amendments and repeal made by subsections (a) and
(b), on the effective date of title XII, title XIII, or title
XIV, whichever occurs first.
SEC. 2476. RATES OF PAY.
(a) Under Secretaries of State.--Section 5314 of title 5, United
States Code, is amended by striking ``Under Secretaries of State (5).''
and inserting the following:
``Under Secretary of State for Policy.
``Under Secretary of State for Export, Trade, Economics,
and Business.
``Under Secretary of State for International Security.
``Under Secretary of State for Public Diplomacy.
``Under Secretary of State for Management.''.
(b) Assistant Secretaries of State.--Section 5315 of such title is
amended by striking out ``20 Assistant Secretaries of State and 4 other
State Department officials to be appointed by the President by and with
the advice and consent of the Senate.'' and inserting the following:
``In addition to other positions of the Department of State
specifically referenced in this section, 18 Assistant
Secretaries of State and 4 other State Department officials who
are appointed by the President, by and with the advice and
consent of the Senate.
``Assistant Secretary of State for Arms Control and Non-
Proliferation Affairs.
``Assistant Secretary of State for International
Exchanges.''.
SEC. 2477. REPEAL OF PREVIOUSLY CREATED STATE DEPARTMENT POSITIONS.
(a) Assistant Secretary for Oceans and International Environmental
and Scientific Affairs.--Section 9(a) of the Department of State
Appropriations Authorization Act of 1973 (22 U.S.C. 2655a(a)) is
repealed.
(b) Conforming Amendments Relating to the Assistant Secretary for
Democracy, Human Rights, and Labor.--The Foreign Assistance Act of 1961
is amended--
(1) in section 116(c) (22 U.S.C. 2151n(c)), by striking
``Assistant Secretary of State for Democracy, Human Rights, and
Labor'' and inserting ``Secretary'';
(2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22
U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)), by
striking ``, prepared with the assistance of the Assistant
Secretary of State for Democracy, Human Rights, and Labor,''
each place it appears; and
(3) in section 573(c) (22 U.S.C. 2349aa-2(c)), by striking
``Assistant Secretary of State for Democracy, Human Rights, and
Labor'' and inserting ``Secretary of State''.
(c) Assistant Secretary for South Asian Affairs.--Subsections (a),
(b), and (e) of section 122 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) are repealed.
(d) Deputy Assistant Secretary for Burdensharing.--Section 161(f)
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(22 U.S.C. 2651a note) is repealed.
SEC. 2478. LIMITATION ON PERSONNEL STRENGTH OF THE DEPARTMENT OF STATE.
(a) End Fiscal Year 1996 Levels.--The number of employees of the
Department of State (including members of the Foreign Service) who are
authorized to be employed as of February 28, 1997, shall not exceed a
number which is 9 percent less than the number of such employees who
are so employed immediately prior to the date of enactment of this Act.
(b) End Fiscal Year 1997 Levels.--The number of employees of the
Department of State (including members of the Foreign Service) who are
authorized to be employed as of September 30, 1997, shall not exceed a
number which is 3 percent less than the number of such employees who
are authorized to be so employed as of February 28, 1997.
(c) End Fiscal Year 1998 Levels.--The number of employees of the
Department of State (including members of the Foreign Service) who are
authorized to be employed as of September 30, 1998, shall not exceed a
number which is 2 percent less than the number of such employees who
are authorized to be so employed as of September 30, 1997.
SEC. 2479. CONSOLIDATION OF UNITED STATES DIPLOMATIC MISSIONS AND
CONSULAR POSTS.
(a) Consolidation Plan.--The Secretary of State shall develop a
worldwide plan for the consolidation, wherever practicable, on a
regional or areawide basis, of United States missions and consular
posts abroad in order to carry out this section.
(b) Contents of Plan.--The plan shall--
(1) identify the specific United States diplomatic missions
and consular posts for consolidation;
(2) identify those missions and posts at which the resident
ambassador would also be accredited to other specified states
in which the United States either maintained no resident
official presence or maintained such a presence only at staff
level; and
(3) provide an estimate of--
(A) the amount by which expenditures would be
reduced through the reduction in the number of United
States Government personnel assigned abroad;
(B) the amount by which expenditures would be
reduced through a reduction in the costs of maintaining
United States properties abroad; and
(C) the amount of revenues generated to the United
States through the sale or other disposition of United
States properties associated with the posts to be
consolidated abroad.
(c) Transmittal.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall transmit a copy of
the plan to the appropriate congressional committees.
(d) Implementation.--Not later than 60 days after transmittal of
the plan under subsection (c), the Secretary of State shall take steps
to implement the plan unless the Congress before such date enacts
legislation disapproving the plan.
(e) Congressional Priority Procedures.--(1) A joint resolution
described in paragraph (2) which is introduced in a House of Congress
after the date on which a plan developed under subsection (a) is
received by Congress, shall be considered in accordance with the
procedures set forth in paragraphs (3) through (7) of section 8066(c)
of the Department of Defense Appropriations Act, 1985 (as contained in
Public Law 98-473 (98 Stat. 1936)), except that--
(A) references to the ``report described in paragraph (1)''
shall be deemed to be references to the joint resolution; and
(B) references to the Committee on Appropriations of the
House of Representatives and to the Committee on Appropriations
of the Senate shall be deemed to be references to the Committee
on International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate.
(2) A joint resolution under this paragraph is a joint resolution
the matter after the resolving clause of which is as follows: ``That
the Congress disapproves the plan submitted by the President on
____________ pursuant to
section 2409 of the Restructuring a Limited Government Act.''.
(f) Withholding of Funds.--Effective 180 days after the date of
enactment of this Act, if the plan was not timely transmitted pursuant
to subsection (c), then five percent of the funds made available for
the Department of State for each of the fiscal years 1996, 1997, 1998,
and 1999 under the account ``Diplomatic and Consular Programs''
(``Administration of Foreign Affairs'') shall be withheld from
obligation and expenditure until 60 days after the President transmits
to Congress a revised plan developed under subsection (a).
(g) Resubmission of Plan.--If, within 60 days of transmittal of a
plan under subsection (c), Congress enacts legislation disapproving the
plan, the President shall transmit to the appropriate congressional
committees a revised plan developed under subsection (a).
(h) Statutory Construction.--Nothing in this section requires the
termination of United States diplomatic or consular relations with any
foreign country.
(i) Definitions.--As used in this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Plan.--The term ``plan'' means the plan developed under
subsection (a).
SEC. 2480. DETAIL OF OTHER AGENCY PERSONNEL TO STATE DEPARTMENT.
Any employee of any agency other than the Department of State who
is assigned to an overseas post located within any United States
mission except for those assigned to a military command shall be
detailed to the Department of State for the duration of such
assignment, and shall be fully under the authority of the Chief of
Mission. The Chief of Protocol, at the sole discretion of the Secretary
of State, shall accord diplomatic titles, privileges, and immunities to
any such employees as the Secretary of State deems appropriate.
SEC. 2481. REPORT ON UNIFICATION OF UNITED STATES AND FOREIGN
COMMERCIAL SERVICE AND FOREIGN AGRICULTURAL SERVICE
WITHIN THE FOREIGN SERVICE.
(a) Requirement.--Not later than 120 days after the date of the
enactment of this Act, the President shall, in coordination with the
Secretary of State, the Secretary of Commerce, and the Secretary of
Agriculture shall jointly transmit to Congress the report described in
subsection (b).
(b) Report Elements.--The report under subsection (a) shall include
the following:
(1) An assessment of the extent of the coordination and
cooperation in international activities of the Department of
State, the Department of Commerce, and the Department of
Agriculture.
(2) An assessment of the advisability and desirability of
establishing in the Foreign Service of the Department of State
a core discipline relating to the commercial, trade
development, and export promotion activities of the United
States.
(3) If such a core discipline is desirable--
(A) a discussion of the options for establishing
the core discipline, including--
(i) the integration of the United States
and Foreign Commercial Service and the Foreign
Agricultural Service into the Foreign Service;
and
(ii) the continuation of the United States
and Foreign Commercial Service and the Foreign
Agricultural Service as separate services; and
(B) an assessment of the advantages and
disadvantages (including the costs and savings) of each
such option.
(4) If such a core discipline is not desirable, an
assessment of the advisability and desirability of the
continuing application of the Foreign Service Act of 1980 to
the United States and Foreign Commercial Service and the
Foreign Agricultural Service.
TITLE III--SCIENCE, SPACE, AND TECHNOLOGY
Subtitle A--Administrative and Research Savings
SEC. 3001. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT.
There are authorized to be appropriated to the Secretary of Energy
for carrying out the Department's nuclear energy research and
development activities--
(1) $331,000,000 for fiscal year 1996;
(2) $331,000,000 for fiscal year 1997;
(3) $331,000,000 for fiscal year 1998;
(4) $331,000,000 for fiscal year 1999; and
(5) $331,000,000 for fiscal year 2000.
SEC. 3002. NATIONAL SCIENCE FOUNDATION GRANT APPLICATION FEE.
The National Science Foundation shall require that any application
for a grant submitted to it be accompanied by a $50 application fee,
which shall be deposited in the general fund of the Treasury.
SEC. 3003. HIGH PERFORMANCE COMPUTING PROGRAM.
The total amount which may be appropriated for all activities under
the High Performance Computing Act of 1991 shall not exceed
$865,500,000 for each of the fiscal years 1996 through 2000.
Subtitle B--Specific Program Reforms
SEC. 3011. NATIONAL SCIENCE FOUNDATION.
There are authorized to be appropriated to the National Science
Foundation for all activities of the National Science Foundation--
(1) $337,620,000 for fiscal year 1996;
(2) $344,372,400 for fiscal year 1997;
(3) $351,259,848 for fiscal year 1998;
(4) $358,285,044 for fiscal year 1999; and
(5) $365,450,754 for fiscal year 2000.
SEC. 3012. SPACE STATION.
The Administrator of the National Aeronautics and Space
Administration may not enter into any contract in furtherance of a
space station program. This section shall cease to be effective after
September 30, 1999.
SEC. 3013. CANCELLATION OF NATIONAL AEROSPACE PLANE.
The Secretary of Defense and the Administrator of the National
Aeronautics and Space Administration shall cancel the National
Aerospace Plane program. No amount may be obligated for that program
after the date of the enactment of this Act, except for required
contract termination costs.
TITLE IV--ENERGY
Subtitle A--Abolishment of Department of Energy
SEC. 4001. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy
Abolishment Act''.
CHAPTER 1--ABOLISHMENT OF DEPARTMENT OF ENERGY
SEC. 4011. REESTABLISHMENT OF DEPARTMENT AS ENERGY PROGRAMS RESOLUTION
AGENCY.
(a) Reestablishment.--The Department of Energy is hereby
redesignated as the Energy Programs Resolution Agency, which shall be
an independent agency in the executive branch of the Government.
(b) Administrator.--
(1) In general.--There shall be at the head of the Agency
an Administrator of the Agency, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Agency shall be administered under the supervision and
direction of the Administrator. The Administrator shall receive
compensation at the rate prescribed for level II of the
Executive Schedule under section 5313 of title 5, United States
Code.
(2) Initial appointment of administrator.--Notwithstanding
any other provision of this subtitle or any other law, the
President may, at any time after the date of the enactment of
this Act, appoint an individual to serve as Administrator of
the Energy Programs Resolution Agency (who may be the Secretary
of Energy), as such position is established under paragraph
(1). An appointment under this paragraph may not be construed
to affect the position of Secretary of Energy or the authority
of the Secretary before the effective date specified in section
4019(a).
(c) Duties.--The Administrator shall be responsible for--
(1) the administration and wind-up, during the wind-up
period, of all functions of the Administrator pursuant to
section 4012 and the other provisions of this subtitle;
(2) the administration and wind-up, during the wind-up
period, of any outstanding obligations of the Federal
Government under any programs terminated or repealed by this
subtitle; and
(3) taking such other actions as may be necessary, before
the termination date, to wind up any outstanding affairs of the
Department of Energy.
SEC. 4012. FUNCTIONS.
Except as otherwise provided in this subtitle, the Administrator
shall perform all functions that, immediately before the effective date
of this section, were functions of the Department of Energy (or any
office of the Department) or were performed by the Secretary of Energy
or any other officer or employee of the Department in the capacity as
such officer or employee.
SEC. 4013. DEPUTY ADMINISTRATOR.
The Agency shall have a Deputy Administrator, who shall--
(1) be appointed by and report to the Administrator; and
(2) shall perform such functions as may be delegated by the
Administrator.
SEC. 4014. CONTINUATION OF SERVICE OF DEPARTMENT OFFICERS.
(a) Continuation of Service of Secretary.--The individual serving
on the effective date specified in section 4019(a) as the Secretary of
Energy may serve and act as Administrator until the date an individual
is appointed under this chapter to the position of Administrator, or
until the end of the 120-day period provided for in section 3348 of
title 5, United States Code (relating to limitations on the period of
time a vacancy may be filled temporarily), whichever is earlier.
(b) Continuation of Service of Other Officers.--An individual
serving on the effective date specified in section 4019(a) as an
officer of the Department of Energy other than the Secretary of Energy
may continue to serve and act in an equivalent capacity in the Agency
until the date an individual is appointed under this chapter to the
position of Administrator, or until the end of the 120-day period
provided for in section 3348 of title 5, United States Code (relating
to limitations on the period of time a vacancy may be filled
temporarily) with respect to that appointment, whichever is earlier.
(c) Compensation for Continued Service.--Any person--
(1) who acts as the Administrator under subsection (a), or
(2) who serves under subsection (b),
after the effective date specified in section 4019(a) and before the
first appointment of a person as Administrator shall continue to be
compensated for so serving at the rate at which such person was
compensated before such effective date.
SEC. 4015. REORGANIZATION.
The Administrator may allocate or reallocate any function of the
Agency pursuant to this subtitle among the officers of the Agency, and
may establish, consolidate, alter, or discontinue in the Energy
Programs Resolution Agency any organizational entities that were
entities of the Department of Energy, as the Administrator considers
necessary or appropriate.
SEC. 4016. ABOLISHMENT OF ENERGY PROGRAMS RESOLUTION AGENCY.
(a) In General.--Effective on the termination date under subsection
(d), the Energy Programs Resolution Agency is abolished.
(b) Abolition of Functions.--Except for functions transferred or
otherwise continued by this subtitle, all functions that, immediately
before the termination date, were functions of the Energy Programs
Resolution Agency are abolished effective on the termination date.
(c) Plan for Winding Up Affairs.--Not later than the effective date
specified in section 4019(a), the President shall submit to the
Congress a plan for winding up the affairs of the Agency in accordance
with this subtitle and not by later than the termination date under
subsection (d).
(d) Termination Date.--The termination date under this subsection
is the date that is 3 years after the date of the enactment of this
Act.
SEC. 4017. GAO REPORT.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Congress a report which shall include recommendations for the most
efficient means of achieving, in accordance with this subtitle--
(1) the complete abolishment of the Department of Energy;
and
(2) the termination or transfer or other continuation of
the functions of the Department of Energy.
SEC. 4018. CONFORMING AMENDMENTS.
(a) Presidential Succession.--Section 19(d)(1) of title 3, United
States Code, is amended by striking ``Secretary of Energy,''.
(b) Executive Departments.--Section 101 of title 5, United States
Code, is amended by striking the following item:
``The Department of Energy.''.
(c) Secretary's Compensation.--Section 5312 of title 5, United
States Code, is amended by striking the following item:
``Secretary of Energy.''.
(d) Deputy Secretary's Compensation.--Section 5313 of title 5,
United States Code, is amended by striking the following item:
``Deputy Secretary of Energy.''.
(e) Under Secretary's Compensation.--Section 5314 of title 5,
United States Code, is amended by striking the following item:
``Under Secretary, Department of Energy.''.
(f) Miscellaneous Officers' Compensation.--Section 5315 of title 5,
United States Code, is amended--
(1) by striking the following items:
``Assistant Secretaries of Energy (8).
``General Counsel of the Department of Energy.
``Administrator, Economic Regulatory Administration,
Department of Energy.
``Administrator, Energy Information Administration,
Department of Energy.
``Inspector General, Department of Energy.
``Director, Office of Energy Research, Department of
Energy.''; and
(2) by striking the following item:
``Chief Financial Officer, Department of Energy.''.
(g) Inspector General Act of 1978.--The Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in section 9(a)(1), by striking subparagraph (E);
(2) in section 11(1), by striking ``Energy,''; and
(3) in section 11(2), by striking ``Energy,'';
(h) Department of Energy Organization Act.--Effective on the
termination date, the following provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.) are repealed:
(1) Section 4001.
(2) Chapters 1, 2, and 3.
SEC. 4019. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this chapter
shall take effect on the date that is 6 months after the date of the
enactment of this Act.
(b) Provisions Effective on Date of Enactment.--The following
provisions of this chapter shall take effect on the date of the
enactment of this Act:
(1) Section 4011(b).
(2) Section 4016(c).
(3) Section 4017.
CHAPTER 2--ENERGY LABORATORY FACILITIES
SEC. 4021. ENERGY LABORATORY FACILITIES COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Energy Laboratory Facilities Commission'', for the
purpose of reducing the number of energy laboratories and programs at
those
laboratories, through reconfiguration, privatization, and closure,
while preserving the traditional role the energy laboratories have
contributed to the national defense.
(b) Duties.--The Commission shall carry out the duties specified
for the Commission in this chapter.
(c) Appointment.--
(1) In general.--The Commission shall be composed of 7
members appointed by the President, by and with the advice 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.
(2) Consultation.--In selecting individuals for nominations
for appointments to the Commission, the President should
consult with--
(A) the Speaker of the House of Representatives
concerning the appointment of 2 members; and
(B) the majority leader of the Senate concerning
the appointment of 2 members.
(3) 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.
(d) Terms.--The term of each member of the Commission shall expire
on the termination of the Commission under subsection (l).
(e) Meetings.--Each meeting of the Commission, other than meetings
in which classified information is to be discussed, shall be open to
the public.
(f) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment.
(g) Pay and Travel Expenses.--
(1) Basic pay.--
(A) Pay of members.--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.
(B) Pay of chairperson.--The Chairperson shall be
paid for each day referred to in subparagraph (A) 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.
(2) 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.
(h) Director.--
(1) In general.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a
Director who--
(A) has not served as a civilian employee of the
Department of Energy during the 2-year period preceding
the date of such appointment;
(B) has not been an employee of an energy
laboratory during the 5-year period preceding the date
of such appointment; and
(C) has not been an employee of a contractor
operating an energy laboratory during the 5-year period
preceding the date of such appointment.
(2) 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.
(i) Staff.--
(1) Appointment by director.--Subject to paragraphs (2) and
(3), the Director, with the approval of the Commission, may
appoint and fix the pay of additional personnel.
(2) 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.
(3) Limitations.--Not more than one-third of the personnel
employed by or detailed to the Commission shall be individuals
employed by the Department of Energy on the day before the date
of the enactment of this Act. No employee of an energy
laboratory, or of a contractor who operates an energy
laboratory, may be detailed to the Commission.
(4) 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 chapter.
(5) 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.
(j) Other Authority.--
(1) 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.
(2) 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)).
(k) Funding.--There are authorized to be appropriated to the
Commission such funds as are necessary to carry out its duties under
this chapter. Such funds shall remain available until expended.
(l) Termination.--The Commission shall terminate not later than 30
days after the date on which it transmits its final recommendations
under section 4022(f)(4).
SEC. 4022. PROCEDURE FOR MAKING RECOMMENDATIONS FOR LABORATORY
FACILITIES.
(a) Selection Criteria.--In making recommendations for the
reconfiguration, privatization, and closure of energy laboratories and
termination of programs at such laboratories under this section, the
Secretary or the Administrator, as appropriate, and the Commission
shall--
(1) give strong consideration to the closure or
reconfiguration of energy laboratories;
(2) eliminate duplication of effort by energy laboratories
and reduce overhead costs as a proportion of program benefits
distributed through an energy laboratory;
(3) seek to achieve cost savings for the overall budget for
such laboratories;
(4) define appropriate missions for each energy laboratory,
and ensure that the activities of each
such laboratory are focused on its mission or missions;
(5) consider the program costs and program distributions on
a State and county basis, including real and personal property
costs associated with each energy laboratory considered;
(6) consider the number of participants in programs
conducted through an energy laboratory and staff resources
involved;
(7) estimate the cost savings and increases that would
accrue through the reconfiguration of energy laboratories;
(8) consider the potential of each energy laboratory to
generate revenues or to offset costs;
(9) consider the transfer of energy laboratories to other
Federal agencies;
(10) consider the privatization of the energy laboratories
as an alternative to closure or reconfiguration; and
(11) be subject to the requirements of section 4061 of this
subtitle.
(b) Recommendations.--
(1) Publication and transmittal.--Not later than 3 months
after the date of the enactment of this Act, the Secretary or
the Administrator, as appropriate, shall publish in the Federal
Register and transmit to the congressional energy committees
and to the Commission a list of the energy laboratories that
the Secretary or the Administrator, as appropriate, recommends
for reconfiguration, privatization, and closure.
(2) Summary of selection process.--The Secretary or the
Administrator, as appropriate, shall include, with the list of
recommendations published and transmitted pursuant to paragraph
(1), a summary of the selection process that resulted in the
recommendation for each energy laboratory, including a
justification for each recommendation.
(c) Equal Consideration of Laboratories.--In considering energy
laboratories for reconfiguration, privatization, and closure, the
Secretary or the Administrator, as appropriate, shall consider all such
laboratories equally without regard to whether a laboratory has been
previously considered or proposed for reconfiguration, privatization,
or closure by the Secretary of Energy.
(d) Availability of Information.--The Secretary or the
Administrator, as appropriate, shall make available to the Commission
and the Comptroller General of the United States all information used
by the Secretary or the Administrator, as appropriate, in making
recommendations under this section.
(e) Independent Audit.--(1) Within 30 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall issue a request for proposals for the performance of an
audit under paragraph (3).
(2) Within 60 days after the date of the enactment of this Act,
proposals shall be due in response to the request under paragraph (1).
(3) Within 90 days after the date of the enactment of this Act, the
Director of the Office of Management and budget shall enter into a
contract with an independent financial consulting firm for an audit of
the energy laboratories and their programs, facilities, and assets.
Such audit shall assess the commercial potential of the energy labs and
their programs and make recommendations on how the Government could
best realize such potential. The audit shall be completed and
transmitted to the Commission, the Secretary or the Administrator, as
appropriate,, and the congressional energy committees within 6 months
after the contract is entered into under this subsection.
(f) Review and Recommendations by the Commission.--
(1) Public hearings.--After receiving the recommendations
from the Secretary or the Administrator, as appropriate,
pursuant to subsection (b), the Commission shall provide an
opportunity for public comment on the recommendations for a 30-
day period.
(2) Initial report.--Not later than 1 year after the date
of the enactment of this Act, the Commission shall publish in
the Federal Register an initial report containing the
Commission's findings and conclusions based on a review and
analysis of the recommendations made by the Secretary or the
Administrator, as appropriate, and the audit conducted pursuant
to subsection (e), together with the Commission's
recommendations for reconfiguration, privatization, and closure
of energy laboratories. In conducting such review and analysis,
the Commission shall consider all energy laboratories.
(3) Deviation from recommendations.--In making its
recommendations, the Commission may make changes in any of the
recommendations made by the Secretary or the Administrator, as
appropriate, if the Commission determines that the Secretary or
the Administrator, as appropriate, deviated substantially from
the criteria described in subsection (a) 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 or the
Administrator, as appropriate.
(4) Final report.--After providing a 30-day period for
public comment following publication of the initial report
under paragraph (2), and after full consideration of such
public comments, the Commission shall, within 15 months after
the date of the enactment of this Act, transmit to the
Secretary or the Administrator, as appropriate, and the
congressional energy committees a final report containing the
recommendations of the Commission.
(5) Provision of certain information.--After transmitting
the final report under paragraph (4), the Commission shall
promptly provide, upon request, to any Member of Congress
information used by the Commission in making its
recommendations.
(g) Assistance From Comptroller General.--The Comptroller General
of the United States shall--
(1) assist the Commission, to the extent requested, in the
Commission's review and analysis of the recommendations made by
the Secretary or the Administrator, as appropriate, pursuant to
subsection (b); and
(2) not later than 6 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 recommendations of the Secretary or the Administrator,
as appropriate, and the selection process.
SEC. 4023. RECONFIGURATION, PRIVATIZATION, AND CLOSURE OF ENERGY
LABORATORIES.
(a) In General.--Subject to subsection (b), the Secretary or the
Administrator, as appropriate, shall--
(1) reconfigure, within 1 year after the date of the
transmittal of the final report under section 4022(f)(4), all
energy laboratories recommended for reconfiguration by the
Commission in such report;
(2) provide for and complete the privatization, within 18
months after the date of the transmittal of the final report
under section 4022(f)(4), of all energy laboratories
recommended for privatization by the Commission in such report;
and
(3) except as necessary to achieve the privatization of an
energy laboratory under paragraph (2), close, within 1 year
after the date of the transmittal of the final report under
section 4022(f)(4), all energy laboratories recommended for
closure by the Commission in such report.
(b) Congressional Disapproval.--
(1) In general.--The Secretary or the Administrator, as
appropriate, may not carry out any reconfiguration,
privatization, or closure of an energy laboratory recommended
by the Commission in the report transmitted pursuant to section
4022(f)(4) if a joint resolution is enacted, in accordance with
the provisions of section 4027, disapproving the
recommendations of the Commission before the earlier of--
(A) the end of the 45-day period beginning on the
date on which the Commission transmits the report; or
(B) the adjournment of Congress sine die for the
session during which the report is transmitted.
(2) For purposes of paragraph (1) of this subsection and
subsections (a) and (c) of section 4027, 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.
SEC. 4024. IMPLEMENTATION OF RECONFIGURATION, PRIVATIZATION, AND
CLOSURE ACTIONS.
(a) Implementation.--In reconfiguring, priva- tizing, or closing an
energy laboratory under this chapter, the Secretary or the
Administrator, as appropriate, shall--
(1) take such actions as may be necessary to reconfigure,
privatize, or close the energy laboratory;
(2) take such steps as may be necessary to ensure the safe
keeping of all records stored at the energy laboratory; and
(3) reimburse other Federal agencies for actions performed
at the request of the Secretary or the Administrator, as
appropriate, with respect to any such reconfiguration,
privatization, or closure, and may use for such purpose funds
in the Account or funds appropriated to the Department of
Energy and available for such purpose.
(b) Management and Disposal of Property.--
(1) In general.--The Administrator of General Services
shall delegate to the Secretary or the Administrator, as
appropriate, with respect to excess and surplus real property
and facilities located at an energy laboratory reconfigured,
privatized, or closed under this chapter--
(A) the authority of the Secretary or the
Administrator, as appropriate, to utilize excess
property under section 202 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483);
(B) the authority of the Secretary or the
Administrator, as appropriate, to dispose of surplus
property under section 203 of that Act (40 U.S.C. 484);
(C) the authority of the Secretary or the
Administrator, as appropriate, 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
(D) the authority of the Secretary or the
Administrator, as appropriate, 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).
(2) Exercise of authority.--
(A) In general.--Subject to subparagraph (C), the
Secretary or the Administrator, as appropriate, shall
exercise the authority delegated to the Secretary or
the Administrator, as appropriate, pursuant to
paragraph (1) 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)).
(B) Regulations.--The Secretary or the
Administrator, as appropriate, after consulting with
the Administrator of General Services, may issue
regulations that are necessary to carry out the
delegation of authority required by paragraph (1).
(C) Limitation.--The authority required to be
delegated by paragraph (1) to the Secretary or the
Administrator, as appropriate, 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.
(c) Waiver.--The Secretary or the Administrator, as appropriate,
may reconfigure, privatize, or close energy laboratories under this
chapter without regard to any provision of law restricting the use of
funds for reconfiguring, privatizing, or closing such energy
laboratories included in any appropriations or authorization Act.
SEC. 4025. ACCOUNT.
(a) Establishment.--There is hereby established on the books of the
Treasury an account to be known as the ``Energy Laboratory Facility
Closure Account'' which shall be administered by the Secretary or the
Administrator, as appropriate, as a single account.
(b) Content of Account.--There shall be deposited into the
Account--
(1) funds authorized for and appropriated to the Account;
(2) any funds that the Secretary or the Administrator, as
appropriate, 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
or the Administrator, as appropriate, transmits written
notice of, and justification for, such transfer to the
congressional energy committees; and
(3) proceeds received from the transfer or disposal of any
property at an office reconfigured, privatized, or closed under
this section.
(c) Use of Funds.--The Secretary or the Administrator, as
appropriate, may use the funds in the Account only for the purposes
described in section 4024(a).
(d) Reports.--
(1) In general.--Not later than 60 days after the end of
each fiscal year in which the Secretary or the Administrator,
as appropriate, carries out activities under this chapter, the
Secretary or the Administrator, as appropriate, 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 section 4024(a) during such
fiscal year.
(2) Unobligated funds.--Unobligated funds shall be held in
the Account until transferred by law.
SEC. 4026. REPORTS ON IMPLEMENTATION.
As part of the budget request for each fiscal year in which the
Secretary or the Administrator, as appropriate, is authorized to carry
out activities under this chapter, the Secretary or the Administrator,
as appropriate, shall transmit to the congressional energy committees--
(1) a schedule of the reconfiguration, privatization, and
closure actions to be carried out under this chapter 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 reconfiguration, privatization, or closure and of
the time period in which these savings are to be achieved in
each case; and
(2) a description of the energy laboratories to which
functions are to be transferred as a result of such
reconfigurations, privatizations, and closures.
SEC. 4027. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Terms of the Resolution.--For purposes of section 4023(b), the
term ``joint resolution'' means only a joint resolution which is
introduced within the 10-day period beginning on the date on which the
Commission transmits the report to the Congress under section
4022(f)(4), and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress disapproves the recommendations of the
Energy Laboratory Facilities Commission as submitted on
______'', the blank space being filled in with the appropriate
date; and
(3) the title of which is as follows: ``Joint resolution
disapproving the recommendations of the Energy Laboratory
Facilities Commission.''.
(b) Referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on National Security and the Committee on Science of the
House of Representatives. A resolution described in subsection (a)
introduced in the Senate shall be referred to the Committee on Armed
Services and the Committee on Energy and Natural Resources of the
Senate.
(c) Discharge.--If the committee to which a resolution described in
subsection (a) 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 Commission transmits the report to the Congress under
section 4022(f)(4), 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.
(d) Consideration.--
(1) 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 subsection (c))
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.
(2) 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.
(3) Quorum call.--Immediately following the conclusion of
the debate on a resolution described in subsection (a) 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.
(4) 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
subsection (a) shall be decided without debate.
(e) Consideration by Other House.--
(1) In general.--If, before the passage by one House of a
resolution of that House described in subsection (a), that
House receives from the other House a resolution described in
subsection (a), then the following procedures shall apply:
(A) 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 subparagraph (B)(ii).
(B) 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.
(2) 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.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) 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 subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) 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.
SEC. 4028. DEFINITIONS.
For purposes of this chapter:
(1) The term ``Account'' means the Energy Laboratory
Facility Closure Account established in section 4025(a).
(2) The term ``Administrator'' has the meaning given such
term in section 4089(1) of this subtitle.
(3) The term ``Commission'' means the Energy Laboratory
Facilities Commission.
(4) The term ``congressional energy committees'' means the
Committee on Armed Services of the Senate, the Committee on
National Security of the House of Representatives, the
Committee on Science of the House of Representatives, and the
Committee on Energy and Natural Resources of the Senate.
(5) The term ``energy laboratory'' means the Lawrence
Livermore National Laboratory, the Los Alamos National
Laboratory, the Sandia National Laboratories, the Argonne
National Laboratory, the Brookhaven National Laboratory, the
Idaho National Engineering Laboratory, the Lawrence Berkeley
Laboratory, the Oak Ridge National Laboratory, the Pacific
Northwest Laboratory, the National Renewable Energy Laboratory,
the Ames Laboratory, the Bates Linear Accelerator Laboratory,
the Bettis Atomic Power Laboratory, the Continuous Electron
Beam Accelerator Facility, the Energy Technology Engineering
Center, the Environmental Measurements Laboratory, the Fermi
National Accelerator Laboratory, the Inhalation Toxicology
Research Institute, the Knolls Atomic Power Laboratory, the
Laboratory of Radiobiology and Environmental Health, the
Morgantown Energy Technology Center, the National Renewable
Energy Laboratory, the New Brunswick Laboratory, the Oak Ridge
Institute for Science and Education, the Pittsburgh Energy
Technology Center, the Princeton Plasma Physics Laboratory, the
Savannah River Ecology Laboratory, the Savannah River
Technology Center, the Specific Manufacturing Capability
Facility, or the Stanford Linear Accelerator Facility.
(6) The term ``the Secretary or the Administrator, as
appropriate'' means the Secretary of Energy, or, after the
effective date stated in section 4019(a), the Administrator.
CHAPTER 3--PRIVATIZATION OF FEDERAL POWER MARKETING ADMINISTRTIONS
SEC. 4031. SHORT TITLE.
This chapter may be cited as the ``Federal Power Asset
Privatization Act of 1995''.
SEC. 4032. FINDINGS.
The Congress finds that:
(1) the Federal Power Marketing Administrations, over the
years, have served to help bring electricity to many areas in
the Nation;
(2) they have done so with the investment of the American
taxpayer;
(3) the necessity of federally owned power generation and
transmission facilities has passed and halting this practice is
in the best national interest of the United States;
(4) in fairness to the longtime consumers of Federal Power
Marketing Administrations, any process of sale should be open
to them;
(5) the taxpayers, through investing in the construction
and operation, have established equity in the facilities; and
(6) this equity entitles the American taxpayer to expect
the highest possible return in the sale process.
SEC. 4033. SALE OF ASSETS.
(a) Sale of Assets.--The Secretary is authorized and directed to
take such steps as necessary to sell all electric power generation
facilities and transmission facilities, that are currently owned and
operated by Federal departments and agencies under the supervision of,
or coordination with, the Federal Power Marketing Administrations. No
foreign person or corporation may purchase any such facilities; such
facilities may be sold only to a United States citizen or to a
corporation or partnership organized under the laws of a State. After
such sales are completed the Secretary shall terminate the operations
of the Federal Power Marketing Administrations. The heads of other
affected Federal departments and agencies shall assist the Secretary of
Energy in implementing the sales authorized by this section.
(b) Price; Structure of Sale.--
(1) Price.--The Secretary shall obtain the highest possible
price for such facilities. In determining the highest possible
price, the value of future tax revenues shall be included.
(2) Retention of financial advisor.--In order to conduct
the sales authorized by this section in such manner as will
produce the highest possible price for the facilities to be
sold consistent with this chapter, within 30 days of enactment
of this section, the Secretary shall, through a competitive
bidding process, retain an experienced private sector firm to
serve as financial advisor to the Secretary with respect to
such sales.
(3) Financial advisor's report.--Within 90 days of being
retained by the Secretary, the financial advisor shall provide
to the Secretary a report containing--
(A) a description of those assets described in
subsection (a) which, in the opinion of the financial
advisor, can be successfully transferred to private
sector ownership or operation;
(B) the value of each such asset, calculated on the
basis of the valuation method or methods which the
financial advisor deems most appropriate to a
particular asset;
(C) the appropriate alternative transactional
methods for transferring each such asset to private
sector ownership or operation;
(D) the amount of proceeds which the financial
advisor estimates would be paid to the United States
Government as a result of such transaction, including
the present value of future revenue from taxes and any
other future payments to be made to the United States
Government; and
(E) an estimate of the average market rate for
wholesale electric power sales within each region
served by a Federal Power Marketing Administration.
(c) Time of Sale.--Sales of facilities under this section shall be
conducted in accordance with the time of sale schedule set forth in
section 4034. At least one year before the date of any sale specified
in such schedule, the Secretary, in consultation with the Secretary of
the Army and the Secretary of the Interior, and based on the
recommendations of the financial advisor, shall select the facilities
or groups of facilities to be sold and establish the terms and
conditions of the sale.
(d) Former Employees of PMAS.--It is the sense of the Congress that
the purchaser of any such facilities should offer to employ, where
possible, former employees of the Federal Power Marketing
Administrations in connection with the operation of the facilities
following their purchase.
(e) Proceeds.--The Secretary of Energy shall deposit sale proceeds
in the Treasury of the United States to the credit of miscellaneous
receipts.
(f) Preparation.--The Secretary of Energy is authorized to use
funds appropriated to the Department of Energy for the Federal Power
Marketing Administrations and funds otherwise appropriated to other
Federal agencies for power generation and related activities in order
to prepare these assets for sale and conveyance. Such preparation shall
provide sufficient title to ensure the beneficial use, enjoyment, and
occupancy to the purchasers of the assets to be sold and shall include
identification of all associated laws and regulations to be amended for
the purpose of these sales. The Secretary of Energy shall undertake a
study of the effect of sales of facilities under this chapter on
existing contracts for the sale of electric power generated at such
facilities.
(g) Reporting of Sales.--Not later than one year after the sale of
the assets of each Federal Power Marketing Administration in accordance
with this chapter, the Secretary of Energy shall--
(1) complete the business of, and close out, such
administration; and
(2) prepare and submit to Congress a report documenting the
sales.
(h) Treatment of Sales for Purposes of Certain Laws.--The sales of
assets under this chapter shall not be considered a disposal of Federal
surplus property under the following provisions of law:
(1) Section 203 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484).
(2) Section 13 of the Surplus Property Act of 1944 (50
U.S.C. App. 1622).
SEC. 4034. TIME OF SALES.
(a) Schedule.--During the next 5 years, the Secretary of Energy
shall complete the sale of the electric
power generation and transmission assets referred to in section 4033
in accordance with the following schedule:
------------------------------------------------------------------------
Power Administration Sale Completion Date
------------------------------------------------------------------------
Alaska Before September 30, 1996
Southeastern Before September 30, 1997
Southwestern Before September 30, 1998
Western Area Before September 30, 1999
Bonneville Before September 30, 2000
------------------------------------------------------------------------
(b) Unexpended Balances.--Following the sale of the assets of each
of the Federal Power Marketing Administrations and their associated
power generation facilities, the Secretary of Energy shall return the
unexpended balances of funds appropriated for that administration to
the Treasury of the United States.
SEC. 4035. RATE STABILIZATION FOR AFFECTED CONSUMERS.
So that the affected consumers of each Federal Power Marketing
Administration are not impacted by severe rate increases, each
purchaser of electric power generation facilities providing electric
power to customers within any region shall be required, as part of the
agreement to purchase such facilities, to insure that the price at
which electric power is sold to such consumers does not increase above
the baseline price at a rate greater than 10 percent annually. For
purposes of this section, the term ``baseline price'' means the price
for the sale of electric power to a consumer that is in effect on the
date of the sale of the facility. The preceding sentence shall cease to
apply when the price at which electric power is sold to a consumer is
at least equal to the average market rate for wholesale electric power
sales within the region concerned, as determined by the Financial
Advisor.
SEC. 4036. LICENSING OF PROJECTS TO PRESERVE CURRENT OPERATING
CONDITIONS.
(a) Original License.--Simultaneously with the sale of
hydroelectric generation facility under this chapter, the Federal
Energy Regulatory Commission shall issue an original license under part
1 of the Federal Power Act (16 U.S.C. 791a-823b) to the purchaser for
the construction, operation, and maintenance of such facility. Such
license shall expire on the date 10 years after the date of the sale
facility and shall contain standard terms and conditions for
hydroelectric power licenses issued under part 1 of such Act for
facilities installed at Federal water projects, together with such
additional terms and conditions as the Commission deems necessary, in
consultation with the department or agency which operates such water
project, to further the project purposes and insure that the project
will continue operations in the same manner and subject to the same
procedures, contracts, and other requirements as were applicable prior
to the sale. The Commission shall publish such license terms and
conditions for each facility to be sold under this chapter as promptly
as practicable after the date of the enactment of this Act but not
later than one year prior to the date established for the sale of the
facility.
(b) License Required.--Notwithstanding any other provision of law,
the Federal Energy Regulatory Commission shall have jursidiction under
part 1 of the Federal Power Act over any hydroelectric generation
facility sold under this chapter.
SEC. 4037. ENABLING FEDERAL STUDIES.
Section 505 of the Energy and Water Development Appropriations Act
of 1993 (Public Law 102-377) is hereby repealed.
SEC. 4038. DEFINITIONS.
For purposes of this chapter:
(1) The term ``power generation facility'' means a facility
used for the generation of electric energy. If any portion of a
structure or other facility is used for flood control, water
supply, or other purposes in addition to the generation of
electric energy, such term refers only to that portion of the
structure or facility used exclusively for the generation of
electric energy, including turbines, generators, controls,
substations, and primary lines used for transmitting electric
energy therefrom to the point of juncture with the
interconnected primary transmission system. Such term shall not
include any portion of a facility used for navigation, flood
control, irrigation, water supply, or recreation.
(2) The term ``Secretary'' means the Secretary of Energy or
any successor agency. If any such agency terminates prior to
the complete execution of all duties vested in the Secretary of
Energy under this chapter, such duties shall be vested in the
Secretary of the Interior.
CHAPTER 4--TRANSFER AND DISPOSAL OF RESERVES
SEC. 4041. STRATEGIC PETROLEUM RESERVE.
(a) Transfer of Functions.--There are hereby transferred to the
Secretary of the Interior all functions performed by the Department of
Energy with respect to the Strategic Petroleum Reserve on the day
before the effective date of this section.
(b) Disposal of Certain Reserves.--The Secretary of the Interior
shall dispose of the reserves held at Weeks Island, Louisiana, in a
manner that provides for minimal disruption of petroleum markets.
(c) Advisory Board.--(1) The Secretary of the Interior shall
appoint an advisory board, consisting of 3 individuals with experience
in oil markets and production and international relations, which
shall--
(A) monitor the disposal of reserves under subsection (b)
and its effects on petroleum markets; and
(B) within 60 days after the completion of such disposal,
submit to the Congress a report containing recommendations as
described in paragraph (2).
(2) The advisory board shall make recommendations on whether the
United States should maintain or dispose of the Strategic Petroleum
Reserve, based on information obtained pursuant to paragraph (1)(A) and
any other relevant information the advisory board obtains. If the
advisory board recommends maintaining the Strategic Petroleum Reserve,
it shall include recommendations for administering the Reserve, and if
it recommends disposing of the Reserve, it shall include
recommendations for procedures for carrying out such disposal.
(3) Notwithstanding section 14 of the Federal Advisory Committee
Act, the advisory board established under this subsection shall
terminate within 30 days after it submits a report under paragraph
(1)(B).
(d) Effective Date.--This section shall take effect on the
effective date stated in section 4019(a).
SEC. 4042. TRANSFER OF NAVAL PETROLEUM RESERVES TO DEPARTMENT OF THE
INTERIOR WITH INSTRUCTIONS TO SELL THE RESERVES.
(a) Transfer of Jurisdiction.--The Secretary of Energy shall
transfer the naval petroleum reserves (as defined in section 7420(2) of
title 10, United States Code) from the jurisdiction and control of the
Department of Energy to the jurisdiction and control of the Department
of the Interior. The transfer required by this subsection shall be made
without compensation or reimbursement.
(b) Time for Transfer.--The transfer required by subsection (a)
shall be made as soon as possible after the date of the enactment of
this Act, but in no case later than one year after that date.
(c) Sale of Reserves Required.--Chapter 641 of title 10, United
States Code, is amended by inserting after section 7421 the following
new section:
``Sec. 7421a. Sale of naval petroleum reserves
``(a) Sale Required.--Notwithstanding any other provision of this
chapter, the Secretary of the Interior shall sell all right, title, and
interest of the United States in and to the naval petroleum reserves
beginning on the date of the enactment of this section.
``(b) Time for Sales.--The Secretary shall complete the sale of the
naval petroleum reserves not later than one year after the date of the
enactment of this section unless, as a result of the conditions
specified in subsection (c), the Secretary determines a longer sale
period is necessary. The Secretary shall notify Congress of any
extension of the sale period.
``(c) Conditions on Sale.--Sales of the naval petroleum reserves
under subsection (a) may not be for less than fair market value, as
determined by the Secretary on the basis of appraisals performed by
recognized experts in the field. The Secretary shall conduct sales
using competitive procedures. The Secretary may establish such bidding
terms and conditions as the Secretary considers to be necessary and
appropriate, including the establishment of sale units and minimum
bids. The Secretary shall structure sale units and times so as to
prevent disruption of world petroleum markets.
``(d) Effect on Existing Contracts and Leases.--Sales of the naval
petroleum reserves under subsection (a) shall be subject to leases of
any part of the naval petroleum reserves, permits, licenses, easements,
grazing and agricultural leases, rights-of-way, and similar contracts
pertaining to use of the surface area of the naval petroleum reserves
and in effect on the date of the enactment of this section. Such sales
shall also be subject to contracts, in effect on the date of the
enactment of this section, to sell the petroleum produced from any part
of the naval petroleum reserves.
``(e) Purchaser To Be Held Harmless.--A purchaser of any right,
title, or interest of the United States in the naval petroleum reserves
shall be held harmless for any claim of liability arising exclusively
from or during the ownership of the interest by the United States. Such
a claim of liability may be asserted against the United States only to
the extent and in the manner provided by law.
``(f) Requirements Regarding Consultation and Approval.--The
congressional consultation and Presidential approval requirements of
section 7431(a) of this title regarding each individual sale of a
portion of the naval petroleum reserves shall not apply to sales under
this section.''.
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7421 the following new item:
``7421a. Sale of naval petroleum reserves.''.
(e) Conforming Amendments to Title 10, United States Code.--Chapter
641 of title 10, United States Code, is amended--
(1) in section 7420(4), by striking ``Secretary of Energy''
and inserting ``Secretary of the Interior'';
(2) in section 7427, by striking ``of the Interior'';
(3) in section 7430(d), by striking ``, in consultation
with the Secretary of the Interior,''; and
(4) in section 7430(j), by striking ``he, or the Secretary
of the Interior where the authority extends to him,''.
CHAPTER 5--NATIONAL SECURITY AND ENVIRONMENTAL MANAGEMENT PROGRAMS
SEC. 4051. DEFINITIONS.
In this chapter:
(1) The term ``defense nuclear programs matters'' means
matters related to the military use of nuclear energy and
nuclear weapons, including all such matters that were under the
jurisdiction of the following entities on the day before the
date of the enactment of this subtitle:
(A) The Department of Energy.
(B) The Defense Nuclear Agency of the Department of
Defense.
(C) The Defense Nuclear Facilities Safety Board.
(2) The term ``Under Secretary'' means the Under Secretary
of Defense for Defense Nuclear Programs.
(3) The term ``Agency'' means the Defense Nuclear Programs
Agency.
SEC. 4052. ESTABLISHMENT AND ORGANIZATION OF DEFENSE NUCLEAR PROGRAMS
AGENCY.
(a) Establishment of Defense Nuclear Programs Agency.--There is
established an agency in the Department of Defense to be known as the
Defense Nuclear Programs Agency.
(b) Under Secretary.--The Agency shall be headed by an Under
Secretary for Defense Nuclear Programs, who shall serve as the
principal adviser to the Secretary of Defense on defense nuclear
programs matters. In carrying out his duties under this chapter, the
Under Secretary for Defense Nuclear Programs shall, subject to the
authority, direction, and control of of the Secretary of Defense, have
primary responsibility within the Government for defense nuclear
programs matters. The Under Secretary shall be appointed by the
President, by and with the advice and consent of the Senate. A
commissioned officer of the Armed Forces serving on active duty may not
be appointed Under Secretary. The Under Secretary shall be compensated
at the rate provided for level II of the Executive Schedule under
section 5313 of title 5, United States Code.
(c) Deputy Under Secretary.--A Deputy Under Secretary for Defense
Nuclear Programs shall be appointed by the President, by and with the
advice and consent of the Senate. The Deputy Under Secretary shall
perform such duties and exercise such powers as the Under Secretary for
Defense Nuclear Programs may prescribe. The Deputy Under Secretary
shall act for, and exercise the powers of, the Under Secretary during
the Under Secretary's absence or disability or during a vacancy in such
office. A commissioned officer of the Armed Forces serving on active
duty may not be appointed Deputy Under Secretary. The Deputy Under
Secretary shall be compensated at the rate provided for level III of
the Executive Schedule under section 5314 of title 5, United States
Code.
(d) Assistant Secretaries.--(1) Four Assistant Secretaries of the
Agency shall be appointed by the President, by and with the advice and
consent of the Senate. They shall perform such duties and exercise such
powers as the Under Secretary may prescribe.
(2) One of the Assistant Secretaries shall have as his principal
duty the overall supervision of environmental restoration of defense
nuclear weapons facilities.
(3) One of the Assistant Secretaries shall have as his principal
duty the overall supervision of the oversight of the defense and
nondefense functions and budgets of the Sandia National Laboratories,
the Los Alamos National Laboratory, and the Lawrence Livermore National
Laboratory (or whatever laboratories (or portions of laboratories)
carrying out the functions of such laboratories remain after
reconfiguration, privatization, or closure (if any) pursuant to chapter
2).
(4) Each Assistant Secretary shall be compensated at the rate
provided for level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(e) Inspector General.--There shall be an Inspector General of the
Agency, who shall be appointed as provided in section 3 of the
Inspector General Act of 1978 (5 U.S.C. App. 3). The Inspector General
shall perform the duties, have the responsibilities, and exercise the
powers specified in the Inspector General Act of 1978 (5 U.S.C. App.
3).
(f) General Counsel.--There shall be a General Counsel of the
Agency, who shall be appointed by the Under Secretary. The General
Counsel shall be the chief legal officer for all legal matters arising
from the conduct of the functions of the Agency. The General Counsel
shall be compensated at the rate provided for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
SEC. 4053. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS AGENCY.
(a) In General.--The Under Secretary for Defense Nuclear Programs
shall be responsible for the exercise of all powers and the discharge
of all duties of the Agency.
(b) Transferred Functions.--The Under Secretary for Defense Nuclear
Programs shall carry out all functions transferred to the Under
Secretary pursuant to section 4054.
(c) Staff Director of Nuclear Weapons Council.--Paragraph (2) of
section 179(c) of title 10, United States Code, is amended to read as
follows:
``(2) The Under Secretary for Defense Nuclear Programs shall be the
Staff Director of the Council.''.
SEC. 4054. TRANSFERS OF FUNCTIONS.
(a) Department of Energy.--(1) There are hereby transferred to the
Under Secretary for Defense Nuclear Programs all functions performed by
the Department of Energy on the day before the date of the enactment of
this subtitle relating to the national security functions of the
Department, including defense, nonproliferation, and defense-related
environmental management programs.
(2) There are hereby transferred to the Under Secretary for Defense
Nuclear Programs all functions performed by the Department of Energy on
the day before the date of the enactment of this subtitle relating to
the oversight of the defense and nondefense functions and budgets of
the following laboratories:
(A) Sandia National Laboratories, Albuquerque, New Mexico,
and Livermore, California.
(B) Los Alamos National Laboratory, Los Alamos, New Mexico.
(C) Lawrence Livermore National Laboratory, California.
(b) Defense Nuclear Agency.--There are hereby transferred to the
Under Secretary for Defense Nuclear Programs all functions performed by
the Defense Nuclear Agency of the Department of Defense on the day
before the date of the enactment of this subtitle relating to nuclear
weapons systems.
(c) Defense Nuclear Facilities Safety Board.--There are hereby
transferred to the Under Secretary for Defense Nuclear Programs all
functions performed by the Defense Nuclear Facilities Safety Board on
the day before the date of the enactment of this subtitle.
(d) Other Nuclear Weapons-Related Functions.--The Secretary of
Defense may transfer to the Under Secretary for Defense Nuclear
Programs such other functions performed in the Department of Defense on
the day before the date of the enactment of this subtitle relating to
nuclear weapons as the Secretary considers appropriate.
(e) Conforming Repeals.--
(1) Assistant to the secretary of defense for atomic
energy.--Section 141 of title 10, United States Code, is hereby
repealed. The table of sections at the beginning of chapter 4
of such title is amended by striking out the item relating to
such section.
(2) Defense nuclear facilities safety board.--Chapter 21 of
the Atomic Energy Act of 1954 (42 U.S.C. 2286) is hereby
repealed.
(3) References.--Any reference to the Assistant Secretary
of Defense for Atomic Energy or the Defense Nuclear Facilities
Safety Board in any provision of law or in any rule,
regulation, or other paper of the United States shall be
treated as referring to the Under Secretary for Defense Nuclear
Programs.
SEC. 4055. LIMITATION ON TRANSFERS OF FUNDS.
No amount appropriated to the Agency may be transferred to any
other account (other than another account of the Agency) unless the
transfer of such amount to such account is specifically authorized by
law. No amount appropriated to the Department of Defense or another
department or agency may be transferred to the Under Secretary for
Defense Nuclear Programs or to an account for the Agency unless the
transfer of such amount to such account is specifically authorized by
law.
SEC. 4056. TRANSITION PROVISIONS.
(a) Exercise of Authorities.--Except as otherwise provided by law,
the Under Secretary for Defense Nuclear Programs may, for purposes of
performing a function that is transferred to the Under Secretary by
this chapter, exercise all authorities under any other provision of law
that were available with respect to the performance of that function to
the official responsible for the performance of that function on the
day before the date of the enactment of this subtitle.
(b) Authorities To Wind Up Affairs.--
(1) In general.--(A) The Director of the Office of
Management and Budget may take such actions as the Director
considers necessary to wind up any outstanding affairs of the
Department of Energy associated with the functions that are
transferred pursuant to section 4054(a).
(B) The Secretary of Defense may take such actions as the
Secretary considers necessary to wind up any outstanding
affairs of the Defense Nuclear Agency associated with the
functions that are transferred pursuant to section 4054(b), any
outstanding affairs of the Department of Defense associated
with any functions that may be transferred pursuant to section
4054(d), and any outstanding affairs of the Assistant to the
Secretary of Defense for Atomic Energy.
(C) The Secretary of the Navy may take such actions as the
Secretary considers necessary to wind up any outstanding
affairs of the Strategic Systems Programs of the Department of
the Navy associated with the functions that are transferred
pursuant to section 4054(c).
(D) The Director of the Office of Management and Budget may
take such actions as the Director considers necessary to wind
up any outstanding affairs of the Defense Nuclear Facilities
Safety Board.
(2) Transfer of assets.--So much of the personnel,
property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with a function
transferred to the Under Secretary for Defense Nuclear Programs
by this chapter are transferred to the Under Secretary for use
in connection with the functions transferred.
(3) Further measures and dispositions.--Such further
measures and dispositions as the President considers necessary
to effectuate the transfers referred to in subsection (b) shall
be carried out in such manner as the President directs and by
the heads of such agencies as the President designates.
SEC. 4057. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Inspector General Act of 1978.--Section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting after ``International
Development,'' the following: ``the Defense Nuclear Programs
Agency,''; and
(2) in paragraph (2), by striking out ``or the Social
Security Administration;'' and inserting in lieu thereof ``the
Social Security Administration, or the Defense Nuclear Programs
Agency;''.
(b) Executive Schedule.--(1) Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Under Secretary for Defense Nuclear Programs.''.
(2) Section 5314 of title 5, United States Code, is amended by
adding at the end the following:
``Deputy Under Secretary for Defense Nuclear Programs.''.
(3) Section 5315 of title 5, United States Code, is amended by
adding at the end the following:
``Assistant Secretaries, Defense Nuclear Programs Agency
(4).
``Inspector General, Defense Nuclear Programs Agency.''.
(4) Section 5316 of title 5, United States Code, is amended by
adding at the end the following:
``General Counsel, Defense Nuclear Programs Agency.''.
SEC. 4058. EFFECTIVE DATE AND TRANSITION PERIOD.
(a) Effective Date.--Except as provided in subsection (b), this
chapter shall take effect on the date of the enactment of this
subtitle.
(b) Delayed Effective Date for Establishment of Agency and
Transfers of Functions.--Section 4052(a) and section 4054 of this
chapter shall take effect one year after the date of the enactment of
this subtitle.
(c) Transition Period.--The Secretary of Defense, the Secretary of
Energy, the Assistant to the Secretary of Defense for Atomic Energy,
and the Defense Nuclear Facilities Safety Board shall, beginning as
soon as practicable after the date of the enactment of this subtitle,
plan for the orderly establishment of, and transfer of functions to,
the Agency pursuant to this chapter.
(d) Appointment Authority.--The President may make appointments
under section 4052 notwithstanding the delayed effective date under
subsection (b) for the establishment of the Agency.
SEC. 4059. ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR
FACILITIES.
(a) Amendment to CERCLA.--The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is
amended by adding at the end the following new title:
``TITLE IV--ENVIRONMENTAL RESTORATION ACTIVITIES AT DEFENSE NUCLEAR
FACILITIES
``Subtitle A--General Provisions
``Sec. 401. Applicability.
``Sec. 402. Definitions.
``Subtitle B--Selection of Remedial Action
``Sec. 411. Review of ongoing and planned remedial actions.
``Sec. 412. Selection of remedial action.
``Sec. 413. Site-specific risk assessment.
``Sec. 414. Analysis of risk reduction benefits and costs.
``Subtitle A--General Provisions
``SEC. 401. APPLICABILITY.
``Notwithstanding section 120, the provisions of this title shall
apply with respect to selection of remedial actions at defense nuclear
facilities.
``SEC. 402. DEFINITIONS.
``For purposes of this title:
``(1) The term `defense nuclear facility' means--
``(A) a production facility or utilization facility
(as those terms are defined in section 11 of the Atomic
Energy Act of 1954 (42 U.S.C. 2014)) that is under the
control or jurisdiction of the Under Secretary of
Defense for Defense Nuclear Programs and that is
operated for national security purposes (including the
tritium loading facility at Savannah River, South
Carolina, the 236 H facility at Savannah River, South
Carolina; and the Mound Laboratory, Ohio), but the term
does not include any facility that does not conduct
atomic energy defense activities and does not include
any facility or activity covered by Executive Order
Number 12344, dated February 1, 1982, pertaining to the
naval nuclear propulsion program;
``(B) a nuclear waste storage or disposal facility
that is under the control or jurisdiction of the Under
Secretary of Defense for Defense Nuclear Programs;
``(C) a testing and assembly facility that is under
the control or jurisdiction of the Under Secretary of
Defense for Defense Nuclear Programs and that is
operated for national security purposes (including the
Nevada Test Site, Nevada; the Pinnellas Plant, Florida;
and the Pantex facility, Texas);
``(D) an atomic weapons research facility that is
under the control or jurisdiction of the Under
Secretary of Defense for Defense Nuclear Programs
(including the Lawrence Livermore, Los Alamos, and
Sandia National Laboratories); or
``(E) any facility described in paragraphs (1)
through (4) that--
``(i) is no longer in operation;
``(ii) was under the control or
jurisdiction of the Department of Defense, the
Atomic Energy Commission, the Energy Research
and Development Administration, or the
Department of Energy; and
``(iii) was operated for national security
purposes.
``(2) The term `Under Secretary' means the Under Secretary of
Defense for Defense Nuclear Programs.
``(3) The term `Administrator' means the Administrator of the
Environmental Protection Agency.
``Subtitle B--Selection of Remedial Action
``SEC. 411. REVIEW OF ONGOING AND PLANNED REMEDIAL ACTIONS.
``Review of Ongoing and Planned Activities.--(1) Not later than one
year after the date of the enactment of this title, the Under Secretary
shall review each remedial action described in paragraph (2) for
purposes of determining whether the remedial action was selected in a
manner consistent with the requirements of this subtitle. If the Under
Secretary determines the selection was not consistent with the
requirements of this subtitle, the Under Secretary shall require the
remedial action to be halted and a new remedial action selected in a
manner consistent with the requirements of this subtitle.
``(2) Paragraph (1) applies to any remedial action at a defense
nuclear facility--
``(A) which is ongoing as of the date of the enactment of
this title, including a facility for which construction is
ongoing or has been completed as of such date; or
``(B) for which construction is planned but has not yet
commenced as of such date of enactment.
``SEC. 412. SELECTION OF REMEDIAL ACTION.
``(a) In General.--The Under Secretary shall select a remedial
action for a defense nuclear facility based upon consideration of a
site-specific risk assessment conducted in accordance with section 413
and an analysis of risk reduction benefits and costs conducted in
accordance with section 414.
``(b) Requirement for Lowest Cost Action.--In selecting a remedial
action, the Under Secretary shall select the lowest cost action which
achieves a residual risk that is within the risk range goal established
by the National Contingency Plan for protection of public health and
the environment, unless--
``(1) the incremental benefits of a more expensive remedial
action justify incurring the incremental costs of the more
expensive remedy, as set forth in the analysis of risk
reductions cost and benefits for the remedial action pursuant
to section 414, in which case a more expensive remedy may be
selected, or
``(2) the benefits of the lowest cost remedy which achieves
a residual risk level within the risk range goal are not
reasonably related to the costs of such remedy, in which case a
less expensive remedy may be selected.
``(c) Consultation.--Before selection a remedial action and before
public comment under subsection (d), the Under Secretary shall consult
with the Administrator, officials of State, local, or tribal
governments having jurisdiction over the property or, in the case of
property which is exclusively under Federal jurisdiction, having
jurisdiction over the surrounding areas. Such consultation shall
include discussion of, at a minimum, current area demographics, land
and water uses, and currently planned land and water uses, the
determination of which shall remain the sole purview of the appropriate
State, local, or tribal government with jurisdiction.--
``(d) Public Comment.--Before selection of a remedial action, the
Under Secretary shall provide a period of not less than 30 days for
public comment on the remedial action.
``(e) Certification.--The Under Secretary shall certify the
following when selecting a remedial action:
``(1) That the analysis of risk reduction benefits and
costs for the remedial action pursuant to section 414 is based
on objective and unbiased scientific and economic evaluations
of all significant and relevant information and on risk
assessments provided to the agency by interested parties
relating to the costs, risks, and risk reduction and other
benefits of the remedial action selected.
``(2) That the incremental risk reduction or other benefits
of the remedial action will be likely to justify, and be
reasonably related to, the incremental costs incurred by the
Federal Government, by State, local, and tribal governments,
and other public and private entities.
``(3) That other alternative remedial actions identified or
considered by the agency were found to be less cost-effective
at achieving a substantially equivalent reduction in risk.
``(f) Administrative Record.--All documents considered by the Under
Secretary shall be made part of the administrative record for purposes
of judicial review.
``SEC. 413. SITE-SPECIFIC RISK ASSESSMENT.
``(a) In General.--(1) A site-specific risk assessment shall be
performed in accordance with this section before the selection of a
remedial action at a defense nuclear facility. The Under Secretary
shall apply the principles set forth in subsection (b) in order to
ensure that a site-specific risk assessment--
``(A) distinguishes scientific findings from other
considerations;
``(B) is, to the extent feasible, scientifically objective,
unbiased, and inclusive of all relevant data; and
``(C) relies, to the extent available and practicable, on
factual site-specific data.
``(2) Discussions or explanations required under this section need
not be repeated in each risk assessment document as long as there is a
reference to the relevant discussions or explanation in another agency
document which is available to the public.
``(b) Principles.--The principles to be applied in conducting a
site-specific risk assessment are as follows:
``(1) When discussing human health risks, a site-specific
risk assessment shall contain a discussion of both relevant
laboratory and relevant epidemiologic data of sufficient
quality which finds, or fails to find, a correlation between
health risks and a potential toxin or activity. Where conflicts
among such data appear to exist, or where animal data is used
as a basis to assess human health, the site-specific risk
assessment shall, to the extent feasible and appropriate,
include discussion of possible reconciliation of conflicting
information, and, as relevant, differences in study designs,
comparative physiology, routes of exposure, bioavailability,
pharmacokinetics, and any other relevant factor, including the
sufficiency of basic data for review. The discussion of
possible reconciliation should indicate whether there is a
biological basis to assume a resulting harm in humans. Animal
data shall be reviewed with regard to its relevancy to humans.
``(2) Where a site-specific risk assessment involves
selection of any significant default value, assumption,
inference, or model, the risk assessment document shall, to the
extent feasible--
``(A) present a representative list and explanation
of plausible and alternative assumptions, inferences,
or models;
``(B) explain the basis for any choices;
``(C) identify any policy or value judgments;
``(D) fully describe any model used in the risk
assessment and make explicit the assumptions
incorporated in the model; and
``(E) indicate the extent to which any significant
model has been validated by, or conflicts with,
empirical data.
``(3) The site-specific risk assessment shall meet each of
the following requirements regarding risk characterization and
communication:
``(A) The risk characterization shall describe the
populations or natural resources which are the subject
of the risk characterization. If a numerical estimate
of risk is provided, the agency shall, to the extent
feasible, provide--
``(i) the best estimate or estimates for
the specific populations or natural resources
which are the subject to the characterization
(based on the information available to the
Federal agency); and
``(ii) a statement of the reasonable range
of scientific uncertainties.
In addition to such best estimate or estimates, the
risk characterization document may present plausible
upper-bound or conservative estimates in conjunction
with plausible lower-bound estimates. Where
appropriate, the risk characterization document may
present, in lieu of a single best estimate, multiple
best estimates based on assumptions, inferences, or
models which are equally plausible, given current
scientific understanding. To the extent practicable and
appropriate, the document shall provide descriptions of
the distribution and probability of risk estimates to
reflect differences in exposure variability or
sensitivity in populations and attendance
uncertainties. Sensitive subpopulations or highly
exposed subpopulations include, where relevant and
appropriate, children, the elderly, pregnant women, and
disabled persons.
``(B) Exposure scenarios shall be based on actual
exposure pathways and currently planned future land and
water uses as established by any local governmental
authorities with jurisdiction over the property and
shall consider the availability of alternative water
supplies. To the extent feasible, the site-specific
risk assessment shall include a statement of the size
of the population at risk under any proposed exposure
scenario and the likelihood of such scenario. Exposure
scenarios shall explicitly identify those exposure
scenarios which result in plausible completed exposure
pathways.
``(C) A site-specific risk assessment shall contain
a statement that places the magnitude of risks to human
health, safety, or the environment in context. Such
statement shall, to the extent feasible, provide
comparisons with estimates of greater, lesser, and
substantially equivalent risks that are familiar to and
routinely encountered by the general public as well as
other risks, and where appropriate and meaningful,
comparisons of those risks with other similar risks
regulated by the Federal agency resulting from
comparable activities and exposure pathways. Such
comparisons should consider relevant distinctions among
risks, such as the voluntary or involuntary nature of
risks and the preventability or nonpreventability of
risks.
``(D) Each site-specific risk assessment shall
include a statement of any significant substitution
risks to human health, where information on such risks
has been provided to the Under Secretary.
``(E) If a commenter provides the Under Secretary
with a relevant risk assessment and a summary thereof
in a timely fashion and the risk assessment is
consistent with the principles and the guidance
provided under this section, the Under Secretary shall,
to the extent feasible, present such summary in
connection with the presentation of the site-specific
risk assessment. Nothing in this paragraph shall be
construed to limit the inclusion of any comments or
material supplied by any person to the administrative
record of any proceeding.
``(4) A site-specific risk assessment may satisfy the
requirements of subparagraph (C), (D), or (E) of paragraph (3)
by reference to information or material otherwise available to
the public if the document provides a brief summary of such
information or material.
``SEC. 414. ANALYSIS OF RISK REDUCTION BENEFITS AND COSTS.
``(a) In General.--The Under Secretary shall prepare an analysis of
risk reduction benefits and costs in accordance with this section
before the selection of a remedial action at a defense nuclear
facility.
``(b) Contents of Analysis.--An analysis of risk reduction benefits
and costs for a remedial action shall contain the following:
``(1) An identification of reasonable alternative
strategies, including strategies that are proposed during a
public comment period.
``(2) An analysis of the incremental costs and incremental
risk reduction or other benefits associated with each
alternative remedial action identified or considered. Costs and
benefits shall be quantified to the extent feasible and
appropriate and may otherwise be qualitatively described.
``(3) A statement that places in context the nature and
magnitude of the risks to be addressed and the residual risks
likely to remain for each alternative strategy identified or
considered by the Under Secretary. Such statement shall, to the
extent feasible, provide comparisons with estimates of greater,
lesser, and substantially equivalent risks that are familiar to
and routinely encountered by the general public as well as
other risks and, where appropriate and meaningful, comparisons
of those risks with other similar risks regulated by the
Federal Government resulting from comparable activities and
exposure pathways. Such comparisons should consider relevant
distinctions among risks, such as the voluntary or involuntary
nature of risks and the preventability or nonpreventability of
risks.
``(4) An analysis of whether the identified benefits of the
remedial action are likely to exceed the identified costs of
the remedial action.''.
(b) Conforming Amendment.--Section 120(a)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(a)(3)) is amended by inserting after the second sentence
the following: ``This subsection also shall not apply to the extent
otherwise provided in title IV with respect to selection of remedial
actions at defense nuclear facilities.''.
(c) Renegotiation of Compliance Agreements.--
(1) Requirement.--For each defense nuclear facility with
respect to which a compliance agreement has been entered into
by the Secretary of Energy, the Environmental Protection
Agency, and a State as of the date of the enactment of this
subtitle, the Under Secretary of Defense for Defense Nuclear
Programs shall enter into negotiations with the Environmental
Protection Agency and the State concerned to renegotiate the
terms of the compliance agreement to reflect title IV of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as added by subsection (a).
(2) Deadline.--The Under Secretary of Defense for Defense
Nuclear Programs shall complete renegotiation of compliance
agreements as required by paragraph (1) not later than one year
after the date of the enactment of this subtitle.
CHAPTER 6--DISPOSITION OF MISCELLANEOUS PARTICULAR PROGRAMS, FUNCTIONS,
AND AGENCIES OF DEPARTMENT
SEC. 4061. ENERGY RESEARCH AND DEVELOPMENT.
(a) General Rule.--Except as otherwise provided in this subtitle,
Energy Supply Research and Development activities of the Department of
Energy, including Basic Energy Sciences, Magnetic Fusion Energy, Solar
and Renewable Energy, Nuclear Fission, and Biological and Environmental
Sciences research and development, and all other research and
development activities of the Department of Energy other than General
Science and Research activities, shall be terminated within 2 years
after the effective date stated in section 4064(a).
(b) Critical Research.--
(1) Administrator.--Within 1 year of the date of the
enactment of this Act, the Administrator shall identify in a
report to Congress all research and development activities of
the Department of Energy, other than activities carried out at
energy laboratories (as such term is defined in section 4028(5)
of this subtitle), that perform a critical research function of
importance to the long-term economic wellbeing of the United
States. Such report shall include recommendations for the
transfer of such activities to appropriate Federal agencies.
(2) Energy laboratory facilities commission.--Within 1 year
of the date of the enactment of this Act, the Energy Laboratory
Facilities Commission established under section 4021(a) of this
subtitle shall identify in a report to Congress all research
and development activities of the Department of Energy carried
out at energy laboratories (as such term is defined in section
4028(5) of this subtitle), that perform a critical research
function of importance to the long-term economic wellbeing of
the United States. Such report shall include recommendations
for the transfer of such activities to appropriate Federal
agencies.
(3) Coordination.--The Administrator and the Energy
Laboratory Facilities Commission shall coordinate the execution
of their respective responsibilities under paragraphs (1) and
(2).
(c) Termination of Programs.--
(1) Clean coal technology.--The Secretary of Energy shall
terminate all clean coal technology research and development
activities of the Department of Energy.
(2) Fossil energy and energy conservation.--There are
authorized to be appropriated to the Secretary of Energy--
(A) for fossil energy research and development
activities of the Department of Energy--
(i) $150,000,000 for fiscal year 1996;
(ii) $135,000,000 for fiscal year 1997; and
(iii) $120,000,000 for fiscal year 1998;
and
(B) for energy conservation research and
development activities of the Department of Energy--
(i) $427,000,000 for fiscal year 1996;
(ii) $412,000,000 for fiscal year 1997; and
(iii) $397,000,000 for fiscal year 1998.
The fossil energy and energy conservation research and
development activities of the Department of Energy shall be
terminated at the end of fiscal year 1998.
(d) Transfer of Programs.--The following activities of the
Department of Energy shall, no later than 60 days after the date of the
enactment of this Act, be transferred to the Department of Defense:
(1) All activities described under the category ``Weapons
Activities'' in the annual budget request of the President for
fiscal year 1996, including weapons stockpile stewardship and
management.
(2) All activities described under the category ``Materials
Support and Other Defense Programs'' in the annual budget
request of the President for fiscal year 1996.
(e) Progress Reports.--The Secretary of Energy shall, every 90 days
after the date of the enactment of this Act until the completion of the
execution of subsections (c) and (d), transmit to the Congress a report
on the progress made toward such execution.
SEC. 4062. ENERGY INFORMATION ADMINISTRATION.
There are hereby transferred to the Department of the Treasury all
functions performed by the Energy Information Administration on the day
before the effective date of this section. There are authorized to be
appropriated for carrying out the activities of the Energy Information
Administration $44,000,000 for each of the fiscal years 1996 through
2000.
SEC. 4063. ENERGY REGULATORY ADMINISTRATION.
(a) Transfer of International Regulatory Functions.--There are
hereby transferred to the Secretary of Agriculture all international
regulatory functions performed by the Energy Regulatory Administration
on the day before the effective date of this section.
(b) Transfer of Litigation Functions.--There are hereby transferred
to the Attorney General all functions performed by the Energy
Regulatory Administration with respect to pending litigation on the day
before the effective date of this section.
SEC. 4064. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b), this
chapter shall take effect on the date specified in section 4019(a) of
this subtitle.
(b) Exceptions.--Section 4061(c), (d), and (e), shall take effect
on the date of the enactment of this Act.
CHAPTER 7--INTERIM WASTE STORAGE
SEC. 4071. WASTE SITE WORK UNDER NUCLEAR WASTE POLICY ACT OF 1982.
All work under subtitles A and B of title I of the Nuclear Waste
Policy Act of 1982 shall be terminated 90 days after the date of the
enactment of this Act.
SEC. 4072. OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT.
Effective upon the expiration of the third calendar month beginning
after the date of the enactment of this Act, section 304 of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10224) is amended to read as
follows:
``united states geological survey
``Sec. 304. The Office of Civilian Radioactive Waste Management
(referred to in this section as the `office') is terminated and the
authority and assets of the office with respect to its activities under
title I respecting a repository for radioactive waste and spent nuclear
fuel is transferred to the United States Geological Survey (referred to
in this section as the `USGS').''.
SEC. 4073. INTERIM STORAGE AT FEDERAL FACILITY.
(a) Authorization and Location of Federal Facility.--
(1) Site.--The Corps of Engineers shall design, construct,
and operate a facility for the interim storage of high-level
radioactive waste and spent nuclear fuel. The Nuclear Waste
Technical Review Board established under title V of the Nuclear
Waste Policy Act of 1982 shall select the site for the
facility. The United States Geological Survey shall conduct
site characterization, in accordance with section 131 of such
Act (42 U.S.C. 10133), of the site selected by such Board. Such
site shall be at a location under the jurisdiction of the
Department of Energy.
(2) License.--The interim storage facility shall be
licensed by the Commission in accordance with its regulations
governing the licensing of independent high-level radioactive
waste and spent fuel storage installations, as modified in
accordance with this section, and shall commence operation as
soon as practicable.
(b) Capacity.--The interim storage facility shall be designed to
provide sufficient capacity to store high-level radioactive waste and
spent nuclear fuel from civilian nuclear power plants until the Corps
of Engineers is able to transfer the high-level radioactive waste and
spent fuel. In no event shall the design capacity of the interim
storage facility be less than 40,000 MTU and the capacity of such
facility shall be expandable.
(c) Design.--The interim storage facility shall satisfy the
following design criteria:
(1) The design shall be expandable so that additional
storage capacity can be added as necessary.
(2) To the extent practicable, the design shall be based on
the use of multi-purpose canister systems developed under
section 4025 and certified by the Commission for the storage
and transportation of high-level radioactive waste and spent
nuclear fuel.
(3) Consistent with the design objective specified in
paragraph (2), the design shall provide for the use of such
other storage technologies as are licensed or certified by the
Commission for use at the interim storage facility as necessary
to ensure compatibility between the interim storage facility
and contract holders' high-level radioactive waste and spent
nuclear fuel and facilities, and to facilitate the Corps of
Engineers's ability to meet the Corps of Engineers's
obligations under this title.
(d) Licensing.--
(1) No later than 6 months from the date of enactment of
this Act, the Corps of Engineers shall submit to the Commission
an application for a license for the interim storage facility
pursuant to the Commission's regulations governing the
licensing of independent high-level radioactive waste and spent
fuel storage installations. Such license application shall be
accompanied by a Safety Analysis Report and an Environmental
Report, as required by such regulations.
(2) No later than 3 months from the date of enactment of
this Act, the Commission shall amend its regulations governing
the licensing of independent high-level radioactive waste and
spent fuel storage installations as necessary and appropriate
to carry out the purposes of this section. Such amendments
shall incorporate the following provisions--
(A) the license shall be issued in phases as
necessary to support the commencement of operations at
the interim storage facility as soon as practicable,
but no later than January 31, 1998;
(B) the license shall authorize a storage capacity
of no less than 40,000 MTU, except that the Commission
may license an initial storage capacity of less than
40,000 MTU in accordance with subparagraph (A) to
permit the commencement of operations; and
(C) the license shall be issued for an initial term
of up to 100 years, and shall be renewable for
additional terms upon application of the Corps of
Engineers.
(3) The Commission shall consider the Corps of Engineers's
license application in accordance with the provisions of this
title and the Commission's regulations governing the licensing
of independent high-level radioactive waste and spent fuel
storage installations, as amended in accordance with this
title, except that the Commission shall issue a final decision
granting or denying the license no later than 18 months from
the date of the submittal of the license application.
(e) Additional Authority.--
(1) The Corps of Engineers is authorized to commence
construction of the interim storage facility subsequent to
submittal of the license application. The Commission shall
issue an order suspending such construction at any time if the
Commission determines that such construction poses an
unreasonable risk to public health and safety or the
environment. The Commission shall terminate all or part of such
order upon a determination that the Corps of Engineers has
taken appropriate action to eliminate such risk.
(2) For a temporary period beginning with issuance of the
license for the interim storage facility, the Commission shall
authorize the Corps of Engineers, at the Corps of Engineers'
request, to utilize any facility owned by the Federal
Government on the date of enactment of this Act and within the
boundaries of the interim storage facility site, whether or not
such facility is licensed by the Commission, in connection with
the storage, transportation, and handling of high-level
radioactive waste and spent nuclear fuel at the interim storage
facility if the Commission establishes reasonable terms and
conditions for use of such facility in the license for the
interim storage facility and if the Commission oversees the use
of such facility to assure that such use does not pose an
unreasonable risk to public health and safety and the
environment.
(f) National Environmental Policy Act of 1969.--
(1) The Corps of Engineers shall comply with any
environmental requirements imposed by Commission regulations
applicable to the licensing of independent high-level
radioactive waste and spent fuel storage installations,
including the required submission of environmental reports, in
like manner as a private applicant. No activity of the Corps of
Engineers under this section, including the selection of a site
for the interim storage facility, the preparation and submittal
of a license application for such facility, and the
construction and operation of such facility shall be considered
a major Federal action significantly affecting the quality of
the human environment for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). No
such activity shall require the preparation of an environmental
impact statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) or
require any environmental review under subparagraph (E) or (F)
of such Act.
(2)(A) Any licensing action by the Commission under this
section shall be accompanied by an Environmental Impact
Statement prepared under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). In
preparing such Environmental Impact Statement, the Commission--
(i) shall assume that 100,000 MTU will be stored at
the facility; and
(ii) shall analyze the impacts of the
transportation of high-level radioactive waste and
spent nuclear fuel to the interim storage facility in a
generic manner.
(B) Such Environmental Impact Statement shall not
consider--
(i) the need for the interim storage facility,
including any individual component thereof;
(ii) the time of the initial availability of the
interim storage facility;
(iii) any alternatives to the storage of high-level
radioactive waste and spent nuclear fuel at the interim
storage facility;
(iv) any alternatives to the site of the facility
as designated by the Corps of Engineers in accordance
with subsection (a);
(v) any alternatives to the design criteria for
such facility or any individual component thereof, as
specified by the Corps of Engineers in the license
application; or
(vi) the environmental impacts of the storage of
high-level radioactive waste and spent nuclear fuel at
the interim storage facility beyond the initial term of
the license or the term of the renewal period for which
a license renewal application is made.
(g) Storage of High-Level Radioactive Waste and Spent Nuclear
Fuel.--The Corps of Engineers shall begin storing high-level
radioactive waste and spent nuclear fuel at the interim storage
facility at the earliest practicable date, but no later than January
31, 1998. Subject to the budget priorities established in section 4041,
all actions by the Corps of Engineers, the Commission, the Corps of
Engineers of the Interior, or any Federal agency or officer with
respect to consideration of applications or requests for the issuance
or grant of any authorization related to the interim storage facility,
including the certification of multi-purpose canister systems, shall be
expedited, and any such application or request shall take precedence
over any other activity not related to the interim storage facility.
(h) Judicial Review.--
(1) The Corps of Engineers' actions under this section,
including to the Corps of Engineers' siting and design of the
interim storage facility, application for a facility license,
issuance of a Safety Analysis Report and Environmental Report,
and construction of the facility, shall not be subject to
judicial review under any law.
(2) Judicial review of the Commission's Environmental
Impact Statement shall be consolidated with judicial review of
the Commission's licensing decision.
(3) No court shall have jurisdiction to enjoin the
construction or operation of the interim storage facility prior
to its final decision on review of the Commission's licensing
action.
(i) Waste Confidence.--The Corps of Engineers' obligation to
construct and operate the interim storage facility in accordance with
this section and the Corps of Engineers' obligation to develop an
integrated high-level radioactive waste and spent nuclear fuel
management system in accordance with the provisions of this title,
shall provide sufficient and independent grounds for any further
findings by the Commission of reasonable assurance that high-level
radioactive waste and spent nuclear fuel and high-level radioactive
waste will be disposed of safely for purposes of the Commission's
decision to grant or amend any license to operate any civilian nuclear
power reactor under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.).
(j) Storage of Material Other Than Commercial High-Level
Radioactive Waste and Spent Nuclear Fuel.--
(1) Nothing contained in this section shall prohibit--
(A) the Commission from establishing criteria for
the issuance of an amendment to the interim storage
facility license authorizing storage of high-level
radioactive waste or spent nuclear fuel from atomic
energy defense activities in the interim storage
facility; and
(B) the Corps of Engineers from seeking a license
amendment to allow for the storage of high-level
radioactive waste or spent nuclear fuel from atomic
energy defense activities at the interim storage
facility.
(2) The acceptance at the interim storage facility of high-
level radioactive waste or spent nuclear fuel resulting from
atomic energy defense activities shall not affect the
acceptance of high-level radioactive waste and spent nuclear
fuel in accordance with the acceptance schedule.
CHAPTER 8--MISCELLANEOUS PROVISIONS
SEC. 4081. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to an office from which a function is transferred by this
subtitle--
(1) to the Secretary of Energy or an officer of the
Department of Energy, is deemed to refer to the head of the
department or office to which such function is transferred; or
(2) to the Department of Energy is deemed to refer to the
department or office to which such function is transferred.
SEC. 4082. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a
function is transferred by this subtitle may, for purposes of
performing the function, exercise all authorities under any other
provision of law that were available with respect to the performance of
that function to the official responsible for the performance of the
function immediately before the effective date of the transfer of the
function under this subtitle.
SEC. 4083. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Secretary of Energy, any
officer or employee of any office transferred by this subtitle,
or any other Government official, or by a court of competent
jurisdiction, in the performance of any function that is
transferred by this subtitle, and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to their
terms as in effect on such effective date),
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.
(b) Proceedings.--This subtitle shall not affect any proceedings or
any application for any benefits, service, license, permit,
certificate, or financial assistance pending on the date of the
enactment of this Act before an office transferred by this subtitle,
but such proceedings and applications shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this subtitle had
not been enacted, and orders issued in any such proceeding shall
continue in effect until modified, terminated, superseded, or revoked
by a duly authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this subsection 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 subtitle
had not been enacted.
(c) Suits.--This subtitle shall not affect suits commenced before
the date of the enactment of this Act, and in all such suits,
proceeding shall be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this subtitle had not been
enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Energy or the Secretary of
Energy, or by or against any individual in the official capacity of
such individual as an officer or employee of an office transferred by
this subtitle, shall abate by reason of the enactment of this subtitle.
(e) Continuance of Suits.--If any officer of the Department of
Energy or the Energy Programs Resolution Agency in the official
capacity of such officer is party to a suit with respect to a function
of the officer, and under this subtitle such function is transferred to
any other officer or office, then such suit shall be continued with the
other officer or the head of such other office, as applicable,
substituted or added as a party.
SEC. 4084. TRANSFER OF ASSETS.
Except as otherwise provided in this subtitle, so much of the
personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used, held,
available, or to be made available in connection with a function
transferred to an official by this subtitle shall be available to the
official at such time or times as the Director of the Office of
Management and Budget directs for use in connection with the functions
transferred.
SEC. 4085. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or otherwise
provided in this subtitle, an official to whom functions are
transferred under this subtitle (including the head of any office to
which functions are transferred under this subtitle) may delegate any
of the functions so transferred to such officers and employees of the
office of the official as the official may designate, and may authorize
successive redelegations of such functions as may be necessary or
appropriate. No delegation of functions under this section or under any
other provision of this subtitle shall relieve the official to whom a
function is transferred under this subtitle of responsibility for the
administration of the function.
SEC. 4086. AUTHORITY OF OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO
FUNCTIONS TRANSFERRED.
(a) Determinations.--If necessary, the Office of Management and
Budget shall make any determination of the functions that are
transferred under this subtitle.
(b) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, may
make such determinations as may be necessary with regard to the
functions transferred by this subtitle, and to 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, as may be necessary to carry out the provisions of
this subtitle. The Director of the Office of Management and Budget
shall provide for the termination of the affairs of all entities
terminated by this subtitle and for such further measures and
dispositions as may be necessary to effectuate the purposes of this
subtitle.
SEC. 4087. PROPOSED CHANGES IN LAW.
Not later than one year after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall submit
to the Congress a description of any changes in Federal law necessary
to reflect abolishments, transfers, terminations, and disposals under
this subtitle.
SEC. 4088. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFER.
For purposes of this chapter, the vesting of a function in a
department or office pursuant to reestablishment of an office shall be
considered to be the transfer of the function.
SEC. 4089. DEFINITIONS.
Except as otherwise provided in this subtitle, for purposes of this
subtitle the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Programs Resolution Agency.
(2) Agency.--The term ``Agency'' means the Energy Programs
Resolution Agency.
(3) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(4) Office.--The term ``office'' includes any office,
administration, agency, institute, council, unit,
organizational entity, or component thereof.
(5) Termination date.--The term ``termination date'' means
the termination date under section 4016(d).
(6) Wind-up period.--The term ``wind-up period'' means the
period beginning on the effective date specified in section
4019(a) and ending on the termination date.
Subtitle B--Reform Federal Petroleum Reserve Programs
SEC. 4101. SALE OF NAVAL PETROLEUM RESERVES.
(a) Finding.--Congress finds the following:
(1) The continued control and use of the naval petroleum
reserves (as defined in section 7420(2) of title 10, United
States Code) by the United States is no longer necessary to
promote the national security interests of the United States.
(2) The sale of the naval petroleum reserves by the United
States would eliminate the costs currently incurred by the
Secretary of Energy to operate the naval petroleum reserves and
would be a source of revenue to reduce the Federal budget
deficit.
(b) Sale Required.--The Secretary of Energy shall sell all right,
title, and interest of the United States in and to naval petroleum
reserves. The Secretary shall complete the sale of the naval petroleum
reserves not later than the end of the ____-year period beginning on
the date of the enactment of this Act. The Secretary may extend such
time period if the Secretary notifies Congress before the end of such
period that, as a result of the condition specified in subsection
(c)(1), the Secretary will be unable to complete the sale of the naval
petroleum reserves within such time period.
(c) Conditions on Sale.--(1) Notwithstanding subsection (b), the
naval petroleum reserves may not be sold for less than the fair market
value, as determined by the Secretary of Energy.
(2) The Secretary of Energy shall conduct sales under subsection
(b) using competitive procedures. All sales shall be made to the
highest responsible qualified bidder or bidders, as determined by the
Secretary. The Secretary may establish such bidding terms and
conditions as the Secretary considers to be necessary and appropriate,
including the establishment of sale units and minimum bids.
(d) Purchaser To Be Held Harmless.--No purchaser under this section
of any right, title, or interest of the United States in the naval
petroleum reserves shall be liable for any claim of liability arising
exclusively from or during the ownership of the interest by the United
States. Such a claim of liability may be asserted only against the
United States to the extent and in the manner provided by law.
(e) Congressional Consultation.--(1) The Secretary of Energy shall
periodically notify Congress of the progress of the Secretary in
selling the naval petroleum reserves under this section.
(2) The Congressional consultation and Presidential approval
requirements of section 7431(a) of title 10, United States Code,
regarding each individual sale of a portion of the naval petroleum
reserves shall not apply to sales under this section.
(f) Proceeds of Sale.--(1) The Secretary of Energy may use the
proceeds resulting from sales of the naval petroleum reserves under
this section to satisfy any contractual obligations of the United
States directly related to the sales, and to pay any liability of the
Department of Energy arising under any relevant Federal law concerning
the environment with respect to the interests sold.
(2) Funds remaining following operation of paragraph (1) from the
sales of the naval petroleum reserves shall be deposited into the
general fund of the Treasury for the purpose of reducing the Federal
budget deficit.
SEC. 4102. STRATEGIC PETROLEUM RESERVE ACQUISITIONS.
Notwithstanding part B of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6231 et seq.), after the date of enactment
of this Act the Secretary of Energy shall not obligate any funds for
the acquisition of petroleum products for the Strategic Petroleum
Reserve.
Subtitle C--Reform Fossil Fuel and Mineral Research Development
Programs
SEC. 4201. PRIVATIZATION OF UNITED STATES ENRICHMENT CORPORATION.
(a) Reference.--Except as otherwise expressly provided, whenever in
this section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(b) Production Facility.--Paragraph v. of section 11 (42 U.S.C.
2014 v.) is amended by striking ``or the construction and operation of
a uranium enrichment production facility using Atomic Vapor Laser
Isotope Separation technology''.
(c) Definitions.--Section 1201 (42 U.S.C. 2297) is amended--
(1) in paragraph (4), by inserting before the period the
following: ``and any successor corporation established through
privatization of the Corporation'';
(2) by redesignating paragraphs (10) through (13) as
paragraphs (14) through (17), respectively, and by inserting
after paragraph (9) the following new paragraphs:
``(10) The term `low-level radioactive waste' has the
meaning given such term in section 102(9) of the Low-Level
Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
2021b(9)).
``(11) The term `mixed waste' has the meaning given such
term in section 1004(41) of the Solid Waste Disposal Act (42
U.S.C. 6903(41)).
``(12) The term `privatization' means the transfer of
ownership of the Corporation to private investors pursuant to
chapter 25.
``(13) The term `privatization date' means the date on
which 100 percent of ownership of the Corporation has been
transferred to private investors.'';
(3) by inserting after paragraph (17) (as redesignated) the
following new paragraph:
``(18) The term `transition date' means July 1, 1993.'';
and
(4) by redesignating the unredesignated paragraph (14) as
paragraph (19).
(d) Employees of the Corporation.--
(1) Paragraph (2).--Paragraphs (1) and (2) of section
1305(e) (42 U.S.C. 2297b-4(e)(1)(2)) are amended to read as
follows:
``(A) In general.--It is the purpose of this
subsection to ensure that the privatization of the
Corporation shall not result in any adverse effects on
the pension benefits of employees at facilities that
are operated, directly or under contract, in the
performance of the functions vested in the Corporation.
``(B) Applicability of existing collective
bargaining agreement.--The Corporation shall abide by
the terms of the collective bargaining agreement in
effect on the privatization date at each individual
facility.''.
(2) Paragraph (4).--Paragraph (4) of section 1305(e) (42
U.S.C. 2297b-4(e)(4)) is amended--
(A) by striking ``and detailees'' in the heading;
(B) by striking the first sentence;
(C) in the second sentence, by inserting ``from
other Federal employment'' after ``transfer to the
Corporation''; and
(D) by striking the last sentence.
(e) Marketing and Contracting Authority.--
(1) Marketing authority.--Section 1401(a) (42 U.S.C.
2297c(a)) is amended effective on the privatization date (as
defined in section 1201(13) of the Atomic Energy Act of 1954)--
(A) by amending the subsection heading to read
``Marketing Authority.--''; and
(B) by striking the first sentence.
(2) Transfer of contracts.--Section 1401(b) (42 U.S.C.
2297c(b)) is amended--
(A) in paragraph (2)(B), by adding at the end the
following: ``The privatization of the Corporation shall
not affect the terms of, or the rights or obligations
of the parties to, any such power purchase contract.'';
and
(B) by adding at the end the following:
``(3) Effect of transfer.--
``(A) As a result of the transfer pursuant to
paragraph (1), all rights, privileges, and benefits
under such contracts, agreements, and leases, including
the right to amend, modify, extend, revise, or
terminate any of such contracts, agreements, or leases
were irrevocably assigned to the Corporation for its
exclusive benefit.
``(B) Notwithstanding the transfer pursuant to
paragraph (1), the United States shall remain obligated
to the parties to the contracts, agreements, and leases
transferred pursuant to paragraph (1) for the
performance of the obligations of the United States
thereunder during the term thereof. The Corporation
shall reimburse the United States for any amount paid
by the United States in respect of such obligations
arising after the privatization date to the extent such
amount is a legal and valid obligation of the
Corporation then due.
``(C) After the privatization date, upon any
material amendment, modification, extension, revision,
replacement, or termination of any contract, agreement,
or lease transferred under paragraph (1), the United
States shall be released from further obligation under
such contract, agreement, or lease, except that such
action shall not release the United States from
obligations arising under such contract, agreement, or
lease prior to such time.''.
(3) Pricing.--Section 1402 (42 U.S.C. 2297c-1) is amended
to read as follows:
``SEC. 1402. PRICING.
``The Corporation shall establish prices for its products,
materials, and services provided to customers on a basis that will
allow it to attain the normal business objectives of a profitmaking
corporation.''.
(4) Leasing of gaseous diffusion facilities of
department.--Effective on the privatization date (as defined in
section 1201(13) of the Atomic Energy Act of 1954), section
1403 (42 U.S.C. 2297c-2) is amended by adding at the end the
following:
``(h) Low-Level Radioactive Waste and Mixed Waste.--
``(1) Responsibility of the department; costs.--
``(A) With respect to low-level radioactive waste
and mixed waste generated by the Corporation as a
result of the operation of the facilities and related
property leased by the Corporation pursuant to
subsection (a) or as a result of treatment of such
wastes at a location other than the facilities and
related property leased by the Corporation pursuant to
subsection (a) the Department, at the request of the
Corporation, shall--
``(i) accept for treatment or disposal of
all such wastes for which treatment or disposal
technologies and capacities exist, whether
within the Department or elsewhere; and
``(ii) accept for storage (or ultimately
treatment or disposal) all such wastes for
which treatment and disposal technologies or
capacities do not exist, pending development of
such technologies or availability of such
capacities for such wastes.
``(B) All low-level wastes and mixed wastes that
the Department accepts for treatment, storage, or
disposal pursuant to subparagraph (A) shall, for the
purpose of any permits, licenses, authorizations,
agreements, or orders involving the Department and
other Federal agencies or State or local governments,
be deemed to be generated by the Department and the
Department shall handle such wastes in accordance with
any such permits, licenses, authorizations, agreements,
or orders. The Department shall obtain any additional
permits, licenses, or authorizations necessary to
handle such wastes, shall amend any such agreements or
orders as necessary to handle such wastes, and shall
handle such wastes in accordance therewith.
``(C) The Corporation shall reimburse the
Department for the treatment, storage, or disposal of
low-level radioactive waste or mixed waste pursuant to
subparagraph (A) in an amount equal to the Department's
costs but in no event greater than an amount equal to
that which would be charged by commercial, State,
regional, or interstate compact entities for treatment,
storage, or disposal of such waste.
``(2) Agreements with other persons.--The Corporation may
also enter into agreements for the treatment, storage, or
disposal of low-level radioactive waste and mixed waste
generated by the Corporation as a result of the operation of
the facilities and related property leased by the Corporation
pursuant to subsection (a) with any person other than the
Department that is authorized by applicable laws and
regulations to treat, store, or dispose of such wastes.''.
(5) Liabilities.--
(A) Subsection (a) of section 1406 (42 U.S.C.
2297c-5(a)) is amended--
(i) by inserting ``and Privatization''
after ``Transition'' in the heading; and
(ii) by adding at the end the following:
``As of the privatization date, all liabilities
attributable to the operation of the
Corporation from the transition date to the
privatization date shall be direct liabilities
of the United States.''.
(B) Subsection (b) of section 1406 (42 U.S.C.
2297c-5(b)) is amended--
(i) by inserting ``and Privatization''
after ``Transition'' in the heading; and
(ii) by adding at the end the following:
``As of the privatization date, any judgment
entered against the Corporation imposing
liability arising out of the operation of the
Corporation from the transition date to the
privatization date shall be considered a
judgment against the United States.''.
(C) Subsection (d) of section 1406 (42 U.S.C.
2297c-5(d)) is amended--
(i) by inserting ``and Privatization''
after ``Transition'' in the heading; and
(ii) by striking ``the transition date''
and inserting ``the privatization date (or, in
the event the privatization date does not
occur, the transition date)''.
(6) Transfer of uranium.--Title II (42 U.S.C. 2297 et seq.)
is amended by redesignating section 1408 as section 1409 and by
inserting after section 1407 the following:
``SEC. 1408. TRANSFER OF URANIUM.
``The Secretary may, before the privatization date, transfer to the
Corporation without charge raw uranium, low-enriched uranium, and
highly enriched uranium.''.
(f) Privatization of the Corporation.--
(1) Establishment of private corporation.--Chapter 25 (42
U.S.C. 2297d et seq.) is amended by adding at the end the
following new section:
``SEC. 1503. ESTABLISHMENT OF PRIVATE CORPORATION.
``(a) Establishment.--
``(1) In general.--In order to facilitate privatization,
the Corporation may provide for the establishment of a private
corporation organized under the laws of any of the several
States. Such corporation shall have among its purposes the
following:
``(A) To help maintain a reliable and economical
domestic source of uranium enrichment services.
``(B) To undertake any and all activities as
provided in its corporate charter.
``(2) Authorities.--The corporation established pursuant to
paragraph (1) shall be authorized to--
``(A) enrich uranium, provide for uranium to be
enriched by others, or acquire enriched uranium
(including low-enriched uranium derived from highly
enriched uranium);
``(B) conduct, or provide for conducting, those
research and development activities related to uranium
enrichment and related processes and activities the
corporation considers necessary or advisable to
maintain itself as a commercial enterprise operating on
a profitable and efficient basis;
``(C) enter into transactions regarding uranium,
enriched uranium, or depleted uranium with--
``(i) persons licensed under section 53,
63, 103, or 104 in accordance with the licenses
held by those persons;
``(ii) persons in accordance with, and
within the period of, an agreement for
cooperation arranged under section 123; or
``(iii) persons otherwise authorized by law
to enter into such transactions;
``(D) enter into contracts with persons licensed
under section 53, 63, 103, or 104, for as long as the
corporation considers necessary or desirable, to
provide uranium or uranium enrichment and related
services;
``(E) enter into contracts to provide uranium or
uranium enrichment and related services in accordance
with, and within the period of, an agreement for
cooperation arranged under section 123 or as otherwise
authorized by law; and
``(F) take any and all such other actions as are
permitted by the law of the jurisdiction of
incorporation of the corporation.
``(3) Transfer of assets.--For purposes of implementing the
privatization, the Corporation may transfer some or all of its
assets and obligations to the corporation established pursuant
to this section, including--
``(A) all of the Corporation's assets, including
all contracts, agreements, and leases, including all
uranium enrichment contracts and power purchase
contracts;
``(B) all funds in accounts of the Corporation held
by the Treasury or on deposit with any bank or other
financial institution;
``(C) all of the Corporation's rights, duties, and
obligations, accruing subsequent to the privatization
date, under the power purchase contracts covered by
section 1401(b)(2)(B); and
``(D) all of the Corporation's rights, duties, and
obligations, accruing subsequent to the privatization
date, under the lease agreement between the Department
and the Corporation executed by the Department and the
Corporation pursuant to section 1403.
``(4) Merger or consolidation.--For purposes of
implementing the privatization, the Corporation may merge or
consolidate with the corporation established pursuant to
subsection (a)(1) if such action is contemplated by the plan
for privatization approved by the President under section
1502(b). The Board shall have exclusive authority to approve
such merger or consolidation and to take all further actions
necessary to consummate such merger or consolidation, and no
action by or in respect of shareholders shall be required. The
merger or consolidation shall be effected in accordance with,
and have the effects of a merger or consolidation under, the
laws of the jurisdiction of incorporation of the surviving
corporation, and all rights and benefits provided under this
title to the Corporation shall apply to the surviving
corporation as if it were the Corporation.
``(5) Tax treatment of privatization.--
``(A) Transfer of assets or merger.--No income,
gain, or loss shall be recognized by any person by
reason of the transfer of the Corporation's assets to,
or the Corporation's merger with, the corporation
established pursuant to subsection (a)(1) in connection
with the privatization.
``(B) Cancellation of debt and common stock.--No
income, gain, or loss shall be recognized by any person
by reason of any cancellation of any obligation or
common stock of the Corporation in connection with the
privatization.
``(b) OSHA Requirements.--For purposes of the regulation of
radiological and nonradiological hazards under the Occupational Safety
and Health Act of 1970, the corporation established pursuant to
subsection (a)(1) shall be treated in the same manner as other
employers licensed by the Nuclear Regulatory Commission. Any
interagency agreement entered into between the Nuclear Regulatory
Commission and the Occupational Safety and Health Administration
governing the scope of their respective regulatory authorities shall
apply to the corporation as if the corporation were a Nuclear
Regulatory Commission licensee.
``(c) Legal Status of Private Corporation.--
``(1) Not federal agency.--The corporation established
pursuant to subsection (a)(1) shall not be an agency,
instrumentality, or establishment of the United States
Government and shall not be a Government corporation or
Government-controlled corporation.
``(2) No recourse against united states.--Obligations of
the corporation established pursuant to subsection (a)(1) shall
not be obligations of, or guaranteed as to principal or
interest by, the Corporation or the United States, and the
obligations shall so plainly state.
``(3) No claims court jurisdiction.--No action under
section 1491 of title 28, United States Code, shall be
allowable against the United States based on the actions of the
corporation established pursuant to subsection (a)(1).
``(d) Board of Director's Election After Public Offering.--In the
event that the privatization is implemented by means of a public
offering, an election of the members of the board of directors of the
Corporation by the shareholders shall be conducted before the end of
the 1-year period beginning the date shares are first offered to the
public pursuant to such public offering.
``(e) Adequate Proceeds.--The Secretary of Energy shall not allow
the privatization of the Corporation unless before the sale date the
Secretary determines that the estimated sum of the gross proceeds from
the sale of the Corporation will be an adequate amount.''.
(2) Ownership limitations.--Chapter 25 (as amended by
paragraph (1)) is amended by adding at the end the following
new section:
``SEC. 1504. OWNERSHIP LIMITATIONS.
``(a) Securities Limitation.--In the event that the privatization
is implemented by means of a public offering, during a period of 3
years beginning on the privatization date, no person, directly or
indirectly, may acquire or hold securities representing more than 10
percent of the total votes of all outstanding voting securities of the
Corporation.
``(b) Application.--Subsection (a) shall not apply--
``(1) to any employee stock ownership plan of the
Corporation,
``(2) to underwriting syndicates holding shares for resale,
or
``(3) in the case of shares beneficially held for others,
to commercial banks, broker-dealers, clearing corporations, or
other nominees.
``(c) No director, officer, or employee of the Corporation may
acquire any securities, or any right to acquire securities, of the
Corporation--
``(1) in the public offering of securities of the
Corporation in the implementation of the privatization,
``(2) pursuant to any agreement, arrangement, or
understanding entered into before the privatization date, or
``(3) before the election of directors of the Corporation
under section 1503(d) on any terms more favorable than those
offered to the general public.''.
(3) Exemption from liability.--Chapter 25 (as amended by
paragraph (2)) is amended by adding at the end the following
new section:
``SEC. 1505. EXEMPTION FROM LIABILITY.
``(a) In General.--No director, officer, employee, or agent of the
Corporation shall be liable, for money damages or otherwise, to any
party if, with respect to the subject matter of the action, suit, or
proceeding, such person was fulfilling a duty, in connection with any
action taken in connection with the privatization, which such person in
good faith reasonably believed to be required by law or vested in such
person.
``(b) Exception.--The privatization shall be subject to the
Securities Act of 1933 and the Securities Exchange Act of 1934. The
exemption set forth in subsection (a) shall not apply to claims arising
under such Acts or under the Constitution or laws of any State,
territory, or possession of the United States relating to transactions
in securities, which claims are in connection with a public offering
implementing the privatization.''.
(4) Resolution of certain issues.--Chapter 25 (as amended
by paragraph (3)) is amended by adding at the end the following
new section:
``SEC. 1506. RESOLUTION OF CERTAIN ISSUES.
``(a) Corporation Actions.--Notwithstanding any provision of any
agreement to which the Corporation is a party, the Corporation shall
not be considered to be in breach, default, or violation of any such
agreement because of any provision of this chapter or any action the
Corporation is required to take under this chapter.
``(b) Right To Sue Withdrawn.--The United States hereby withdraws
any stated or implied consent for the United States, or any agent or
officer of the United States, to be sued by any person for any legal,
equitable, or other relief with respect to any claim arising out of, or
resulting from, acts or omissions under this chapter.''.
(5) Application of privatization proceeds.--Chapter 25 (as
amended by paragraph (4)) is amended by adding at the end the
following new section:
``SEC. 1507. APPLICATION OF PRIVATIZATION PROCEEDS.
``The proceeds from the privatization shall be included in the
budget baseline required by the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall be counted as an offset to direct
spending for purposes of section 252 of such Act, notwithstanding
section 257(e) of such Act.''.
(6) Conforming amendment.--The table of contents for
chapter 25 is amended by inserting after the item for section
1502 the following:
``Sec. 1503. Establishment of private corporation.
``Sec. 1504. Ownership limitations.
``Sec. 1505. Exemption from liability.
``Sec. 1506. Resolution of certain issues.
``Sec. 1507. Application of privatization proceeds.''.
(7) Section 193 (42 U.S.C. 2243) is amended by adding at
the end the following:
``(f) Limitation.--If the privatization of the United States
Enrichment Corporation results in the Corporation being--
``(1) owned, controlled, or dominated by a foreign
corporation or a foreign government, or
``(2) otherwise inimical to the common defense or security
of the United States,
any license held by the Corporation under sections 53 and 63 shall be
terminated.''.
(8) Period for congressional review.--Section 1502(d) (42
U.S.C. 2297d-1(d)) is amended by striking ``less than 60 days
after notification of the Congress'' and inserting ``less than
60 days after the date of the report to Congress by the
Comptroller General under subsection (c)''.
(g) Periodic Certification of Compliance.--Section 1701(c)(2) (42
U.S.C. 2297f(c)(2)) is amended by striking ``Annual application for
certificate of compliance.--The Corporation shall apply at least
annually to the Nuclear Regulatory Commission for a certificate of
compliance under paragraph (1).'' and inserting ``Periodic application
for certificate of compliance.--The Corporation shall apply to the
Nuclear Regulatory Commission for a certificate of compliance under
paragraph (1) periodically, as determined by the Nuclear Regulatory
Commission, but not less than every 5 years.''.
(h) Licensing of Other Technologies.--Subsection (a) of section
1702 (42 U.S.C. 2297f-1(a)) is amended by striking ``other than'' and
inserting ``including''.
(i) Conforming Amendments.--
(1) Repeals in atomic energy act of 1954 as of the
privatization date.--
(A) Repeals.--As of the privatization date (as
defined in section 1201(13) of the Atomic Energy Act of
1954), the following sections (as in effect on such
privatization date) of the Atomic Energy Act of 1954
are repealed:
(i) Section 1202.
(ii) Sections 1301 through 1304.
(iii) Sections 1306 through 1316.
(iv) Sections 1404 and 1405.
(v) Section 1601.
(vi) Sections 1603 through 1607.
(B) Conforming amendment.--The table of contents of
such Act is amended by repealing the items referring to
sections repealed by paragraph (1).
(2) Statutory modifications.--As of such privatization
date, the following shall take effect:
(A) For purposes of title I of the Atomic Energy
Act of 1954, all references in such Act to the ``United
States Enrichment Corporation'' shall be deemed to be
references to the corporation established pursuant to
section 1503 of the Atomic Energy Act of 1954 (as added
by subsection (f)(1)).
(B) Section 1018(1) of the Energy Policy Act of
1992 (42 U.S.C. 2296b-7(1)) is amended by striking
``the United States'' and all that follows through the
period and inserting ``the corporation referred to in
section 1201(4) of the Atomic Energy Act of 1954.''.
(C) Section 9101(3) of title 31, United States
Code, is amended by striking subparagraph (N), as added
by section 902(b) of Public Law 102-486.
(3) Revision of section 1305.--As of such privatization
date, section 1305 of the Atomic Energy Act of 1954 (42 U.S.C
2297b-4) is amended--
(A) by repealing subsections (a), (b), (c), and
(d), and
(B) in subsection (e)--
(i) by striking the subsection designation
and heading,
(ii) by redesignating paragraphs (1) and
(2) (as added by subsection (d)(1)) as
subsections (a) and (b) and by moving the
margins 2-ems to the left,
(iii) by striking paragraph (3), and
(iv) by redesignating paragraph (4) (as
amended by subsection (d)(2)) as subsection
(c), and by moving the margins 2-ems to the
left.
SEC. 4202. RESEARCH AND DEVELOPMENT.
(a) Fossil Fuel Research and Development.--There are authorized to
be appropriated to the Secretary of Energy for fossil fuel research and
development--
(1) $420,483,300 for fiscal year 1996;
(2) $398,352,600 for fiscal year 1997;
(3) $376,221,900 for fiscal year 1998;
(4) $354,091,200 for fiscal year 1999; and
(5) $331,960,500 for fiscal year 2000.
(b) Energy Conservation Research and Development.--There are
authorized to be appropriated to the Secretary of Energy for energy
conservation research and development--
(1) $713,874,600 for fiscal year 1996;
(2) $634,555,200 for fiscal year 1997;
(3) $555,235,800 for fiscal year 1998;
(4) $475,916.400 for fiscal year 1999; and
(5) $396,597,000 for fiscal year 2000.
(c) Magnetic Fusion Research and Development.--There are authorized
to be appropriated to the Secretary of Energy for magnetic fusion
research and development--
(1) $335,306,700 for fiscal year 1996;
(2) $298,050,400 for fiscal year 1997;
(3) $260,794,100 for fiscal year 1998;
(4) $000,000,000 for fiscal year 1999; and
(5) $186,281,500 for fiscal year 2000.
(d) Solar and Renewable Energy Research and Development.--There are
authorized to be appropriated to the Secretary of Energy for solar and
renewable energy research and development--
(1) $349,297,200 for fiscal year 1996;
(2) $310,486,400 for fiscal year 1997;
(3) $271,675,600 for fiscal year 1998;
(4) $232,864,800 for fiscal year 1999; and
(5) $194,054,000 for fiscal year 2000.
(e) Nuclear Energy Research and Development.--There are authorized
to be appropriated to the Secretary of Energy for nuclear energy
research and development--
(1) $293,228,000 for fiscal year 1996;
(2) $293,228,000 for fiscal year 1997;
(3) $293,228,000 for fiscal year 1998;
(4) $293,228,000 for fiscal year 1999; and
(5) $293,228,000 for fiscal year 2000.
SEC. 4203. TERMINATION OF CLEAN COAL TECHNOLOGY PROGRAM.
(a) In General.--The United States shall not obligate any funds for
the Clean Coal Technology program.
(b) Repeal.--
(1) In general.--Except as provided in paragraph (2), the
matter under the heading ``DEPARTMENT OF ENERGY, clean coal
technology'' in the Act entitled ``An Act making appropriations
for the Department of the Interior and Related Agencies for the
fiscal year ending September 30, 1986, and for other purposes''
enacted by section 101(d) of the Joint Resolution entitled
``Joint Resolution making further continuing appropriations for
the fiscal year 1986, and for other purposes'' (Public Law 99-
190; 99 Stat. 1251) is repealed.
(2) Exception.--The authority provided in the matter
repealed by paragraph (1) of this subsection
shall be preserved to the extent necessary to carry out
obligations of the United States with respect to clean coal technology
projects selected by the Secretary of Energy pursuant to the fifth
general request for proposals issued by the Secretary under such
section 101(d) (and pursuant to any such general request issued before
the fifth general request).
SEC. 4204. TERMINATION OF ATOMIC VAPOR ISOTOPE SEPARATION PROGRAM.
No amount of funds provided for any fiscal year may be obligated by
the Secretary of Energy after the date of the enactment of this Act for
the atomic vapor laser isotope separation program.
Subtitle D--Reform Energy Conservation Programs
SEC. 4301. WEATHERIZATION.
(a) Repeal.--Part A of title IV of the Energy Conservation and
Production Act (42 U.S.C. 6861-6872), and the items relating thereto in
the table of contents of such Act, are repealed.
(b) Conforming Amendments.--(1) Section 2605(b)(4) of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(4)) is
amended by striking ``under the low-income weatherization assistance
program under title IV of the Energy Conservation and Production
Act,''.
(2) Section 504(c) of the Housing Act of 1949 (42 U.S.C. 1474(c))
is amended--
(A) in paragraph (3), by inserting ``(as such provision was
in effect on January 1, 1995)'' after ``Buildings Act of
1976''; and
(B) in paragraph (4), by inserting ``(as such provisions
were in effect on January 1, 1995)'' after ``Buildings Act of
1976''.
(3) Section 2(a)(2) of the National Housing Act (12 U.S.C.
1703(a)(2)) is amended by inserting ``(as such provision was in effect
on January 1, 1995)'' after ``Buildings Act of 1976''.
(4) Section 203(b) of the Older Americans Act of 1965 (42 U.S.C.
3013(b)) is amended by striking paragraph (12) and redesignating the
subsequent paragraphs accordingly.
(5) Section 233 of the National Energy Conservation Policy Act (42
U.S.C. 6873) is amended by striking ``weatherization programs conducted
under part A of the Energy Conservation in Existing Buildings Act of
1976,''.
(6) Section 3803(c)(2)(C) of title 31, United States Code, is
amended--
(A) by inserting ``and'' at the end of clause (xiv);
(B) by striking ``; and'' at the end of clause (xv) and
inserting in lieu thereof a period; and
(C) by striking clause (xvi).
SEC. 4302. STATE ENERGY CONSERVATION PROGRAM.
(a) Repeal.--Part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321-6326), and the items relating thereto
in the table of contents of such Act, are repealed.
(b) Conforming Amendments.--(1) Section 509(i) of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-8(i)) is amended--
(A) in paragraph (2), by striking ``pursuant to section
365(e)(1) of the Energy Policy and Conservation Act''; and
(B) in paragraph (3), by inserting ``(as such provision was
in effect on January 1, 1995)'' after ``Policy and Conservation
Act''.
(2) Section 912(f) of the Housing and Community Development Act of
1992 (42 U.S.C. 5511a(f)) is amended by striking ``State agencies
responsible'' and all that follows through ``any other'' and inserting
in lieu thereof ``any''.
SEC. 4303. INSTITUTIONAL CONSERVATION.
(a) Repeal.--Parts G and H of the Energy Policy and Conservation
Act (42 U.S.C. 6371-6372i), and the items relating thereto in the table
of contents of such Act, are repealed.
(b) Conforming Amendment.--Title III of the National Energy
Conservation Policy Act, and the items relating thereto in the table of
contents of such Act, are repealed.
TITLE V--ENVIRONMENT
Subtitle A--Public Land Use and Purchase Reforms
SEC. 5001. MORATORIUM ON LAND ACQUISITION BY CERTAIN AGENCIES.
(a) In General.--
(1) Purchase with appropriated funds.--During the 5-year
period beginning on October 1, 1996--
(A) the Secretary of the Interior may not obligate
or expend any appropriated funds to acquire lands or
interests in lands which are to be administered by the
National Park Service or by the United States Fish and
Wildlife Service;
(B) the Secretary of Agriculture may not obligate
or expend any appropriated funds to acquire lands or
interests in lands which are to be administered by the
Forest Service; and
(C) no other Federal agency may obligate or expend
appropriated funds to acquire lands or interests in
lands for the purpose of transferring the lands or
interests to the administrative jurisdiction of the
National Park Service, the United States Fish and
Wildlife Service, or the Forest Service.
(2) Exchange.--During the 5-year period referred to in
paragraph (1), the Secretary of the Interior may not exchange
lands or interests in lands administered by or to be
administered by the National Park Service or the United States
Fish and Wildlife Service, and the Secretary of Agriculture may
not exchange lands or interests in lands administered by or to
be administered by the Forest Service, if the exchange would
result in budget outlays (as defined in section 3 of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 622)) by the National Park Service, United States Fish
and Wildlife Service, or Forest Service, as the case may be.
(b) Exception.--Subsection (a) shall not apply with respect to the
acquisition (by exchange or otherwise) of any lands or interests in
lands if the President submits written certification to the Congress
that the lands or interests, as the case may be, are vital to national
security interests of the United States.
(c) Application to Previous Agreements.--Subsection (a) shall not
apply with respect to any otherwise binding agreement that is entered
into before the date of the enactment of this Act and that obligates
the United States to acquire lands or interests in lands by purchase or
exchange in whole or in part with appropriated funds.
SEC. 5002. PROHIBITION ON TIMBER SALES IN UNITS OF THE NATIONAL FOREST
SYSTEM IN WHICH TIMBER SALE EXPENSES CONSISTENTLY EXCEED
TIMBER SALE REVENUES.
(a) In General.--The National Forest Management Act of 1976 is
amended by inserting after section 14 (16 U.S.C. 472a) the following
new section:
``SEC. 14A. PROHIBITION ON BELOW-COST TIMBER SALE PROGRAMS.
``(a) Annual Determination of Revenues and Costs of Timber Sale
Programs.--As soon as possible after the end of each fiscal year, the
Secretary of Agriculture shall determine for each unit of the National
Forest System the total revenues derived or to be derived by the
Federal Government, and the total costs incurred or to be incurred by
the Federal Government, as a direct result of the timber sale program
conducted in that unit during that fiscal year. For purposes of
determining revenues and costs under this subsection, the Secretary
shall continue to use the definitions of revenues and costs, and the
accounting practices used to measure such revenues and costs, in effect
for the Forest Service as of December 31, 1994.
``(b) Termination of Consistently Below-Cost Timber Sale
Programs.--If, for three consecutive fiscal years in which timber sales
are conducted in a unit of the National Forest System, the Secretary
determines pursuant to subsection (a) that the total costs for the
timber sale program of that unit exceed the total revenues for the
program, the Secretary shall immediately terminate the timber sale
program for that unit and may not enter into any contract for the sale
of national forest materials from that unit. Notwithstanding the
termination of the timber sale program for a unit of the National
Forest System under this subsection, the Secretary may permit the
continued performance of a contract related to a specific sale of
national forest materials from that unit if the contract was executed
before the date of the termination.
``(c) Reinstatement of Timber Sale Program.--The Secretary may
reinstate a timber sale program terminated under subsection (b) if the
Secretary--
``(1) develops a timber sale program for the unit of the
National Forest System involved that, in the judgment of the
Secretary, will produce revenues that exceed costs for such
program; and
``(2) notifies Congress of the reinstatement of the timber
sale program not later than 60 days before the date on which
the program is to be reinstated.
``(d) Effect of Subsequent Determination of Below-Cost Sales.--If,
for any of the three fiscal years immediately following the
reinstatement under subsection (c) of a timber sale program for a unit
of the National Forest System, the Secretary determines pursuant to
subsection (a) that the total costs for the program exceed the total
revenues for the program, the Secretary shall immediately terminate the
timber sale program of that unit of the National Forest System. A
timber sale program of a unit of the National Forest System terminated
under this subsection may not be reinstated, and the Secretary shall
prohibit all further sales of national forest materials from that unit.
If a timber sale program successfully completes this three-fiscal year
period without being terminated, the Secretary shall apply the
termination policy specified in subsection (b) in evaluating the
operation of the timber sale program in subsequent fiscal years.''.
(b) Effective Date.--Section 14A of the National Forest Management
Act of 1976, as added by subsection (a), shall take effect on the date
of the enactment of this Act, except that the suspension of the timber
sale program
of a unit of the National Forest System under subsection (b) of such
section may not begin before October 1, 1995. As soon as possible after
the date of the enactment of this Act, the Secretary of Agriculture
shall make the determination required by subsection (a) of such section
with respect to fiscal years 1992, 1993, and 1994.
SEC. 5003. PERMANENT LIMITATIONS ON AMOUNTS AUTHORIZED TO BE
APPROPRIATED FOR THE NATIONAL FOREST SYSTEM AND RELATED
AGRICULTURE CONSERVATION AND FORESTRY PROGRAMS.
(a) National Forest System.--Section 11 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609) is amended by
adding at the end the following new subsection:
``(c) Limitation on National Forest System Funding.--
Notwithstanding any other authorization of appropriations to the
contrary, the total amount authorized to be appropriated for a fiscal
year for necessary expenses of the Forest Service for management,
protection, improvement, and utilization of the National Forest System
and for all other purposes specified under the heading `national forest
system' in title II of the Department of the Interior and Related
Agencies Appropriations Act, 1995 (Public Law 103-332; 108 Stat. 2520),
shall not exceed $1,304,891,000.''.
(b) State and Private Forestry.--The Forest Stewardship Act of 1990
(title XII of Public Law 101-624; 104 Stat. 3521) is amended by adding
after section 1201 the following new section:
``SEC. 1202. LIMITATION ON FUNDING FOR STATE AND PRIVATE FORESTRY.
``Notwithstanding any other authorization of appropriations to the
contrary, the total amount authorized to be appropriated for a fiscal
year for necessary expenses of State and private forestry activities to
cooperate with, and provide technical and financial assistance to,
States, Territories, possessions, and others and for forest pest
management activities, cooperative forestry and education and land
conservation activities shall not exceed $161,264,000.''.
(c) Resource Conservation and Development Funding.--
(1) Funding limitation.--Section 6 of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590f) is amended by
striking the section heading and the first undesignated
paragraph and inserting the following:
``SEC. 6. LIMITATION ON RESOURCE CONSERVATION AND DEVELOPMENT FUNDING.
``Notwithstanding any other authorization of appropriations to the
contrary, the total amount authorized to be appropriated for a fiscal
year for necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant
to the first section and sections 2 and 3 of this Act (16 U.S.C. 590a-
590c), section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1011(e), and subtitle H of title XV of the Agriculture and Food Act of
1981 (16 U.S.C. 3451-3461) shall not exceed $28,900,000, except that
not more than $15,000,000 may be appropriated for loans in any fiscal
year under such subtitle. Such amounts shall remain available until
expended.''.
(2) Conforming amendments.--(A) Section 34 of the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1013) is amended by adding at
the end the following new sentence: ``For the authorization of
appropriations to carry out section 32(e), see section 6 of the
Soil Conservation and Domestic Allotment Act (16 U.S.C.
590f).''.
(B) Section 1538 of the Agriculture and Food Act of 1981
(16 U.S.C. 3461) is amended to read as follows:
``SEC. 1538. AUTHORIZATION OF APPROPRIATIONS.
``For the authorization of appropriations to carry out this
subtitle, see section 6 of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590f).''.
(d) Agricultural Conservation Program.--
(1) Funding limitation.--Section 15 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590o) is
amended by striking the first sentence and inserting the
following:
``(a) Limitation on Agricultural Conservation Program Funding.--
Notwithstanding any other authorization of appropriations to the
contrary, the total amount authorized to be appropriated for a fiscal
year for necessary expenses to carry into effect the agricultural
conservation program authorized in sections 7 through 14, section 16
(other than subsection (b)), and section 17 of this Act (16 U.S.C.
590g-590n, 590p, and 590q) and title X of the Agricultural Act of 1970,
other than section 1005 (16 U.S.C. 1501-1504, 1506-1510), shall not
exceed $100,000,000.''.
(2) Conforming amendments.--(A) Such section is further
amended by inserting ``(b) Distribution of Funds.--'' before
``Notwithstanding the foregoing''.
(B) Section 1010 of the Agricultural Act of 1970 (16 U.S.C.
1510) is amended to read as follows:
``SEC. 1010. AUTHORIZATION OF APPROPRIATIONS.
``For the authorization of appropriations to carry out this title,
other than section 1005, see section 15(a) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590o(a)).''.
(e) Great Plains Conservation Program.--Section 16(b)(7) of the
Soil Conservation and Domestic Allotment Act (16 U.S.C. 590p(b)(7)) is
amended by striking ``such sums as may be necessary'' and inserting
``$11,000,000 each fiscal year''.
(f) Forestry Incentives Program.--Section 4(j) of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2103(j)) is amended by
striking ``such sums as may be needed to implement this section,
including funds necessary for'' and inserting ``$6,625,000 to implement
this section and cover the costs of''.
SEC. 5004. HETCH HETCHY.
In accordance with the discretionary authority provided in section
7 of the Act of December 19, 1913 (38 Stat. 242, 245) commonly known as
the ``Raker Act'', the annual amounts to be paid to the United States
under that section shall be increased to the amount determined
by the Secretary of the Interior to be equal to the fair market value
of the electric power generated within the area described in such Act.
SEC. 5005. MINERAL LEASING OF LANDS WITHIN ARCTIC NATIONAL WILDLIFE
REFUGE.
(a) Repeal of Leasing Prohibition.--(1) The heading for section
1003 of the Alaska National Interest Conservation Act (16 U.S.C. 3143)
is amended to read as follows:
``SEC. 1003. MINERAL LEASING OF LANDS WITHIN ARCTIC NATIONAL WILDLIFE
REFUGE.''.
(2) Such section 1003 is further amended by adding the following at
the end thereof: ``The preceding sentence shall not apply to such area
or areas within the refuge, the aggregate acreage of which does not
exceed one and one-half million acres, as the Secretary of the Interior
may designate. Notwithstanding any other provision of law, all lands
owned by the United States and located within such designated area or
areas shall be available for mineral leasing under the Mineral Leasing
Act.''.
(b) Deposit of Leasing Revenues in Treasury.--Section 35 of the
Mineral Leasing Act is amended by adding the following at the end
thereof: ``The preceding provisions of this section shall not apply to
lands within the Arctic National Wildlife Refuge, and 100 percent of
all monies received from sales, bonuses, royalties from any mineral
leasing activities carried out with respect to such lands shall be
deposited in the Treasury as miscellaneous receipts.''.
SEC. 5006. NATIONAL PARK SERVICE USER FEES AND ENTRANCE FEES.
(a) Definitions.--As used in this section:
(1) The term ``park'' means a unit of the National Park
System.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(b) Fees.--
(1) Admission fees.--
(A) In general.--The Secretary shall establish
reasonable admission fees to be charged at units of the
National Park System where the Secretary determines
that such fees are appropriate and feasible.
(B) Annual passes.--For admission or entrance into
any unit of the National Park System designated by the
Secretary pursuant to this section, or into several
specific units located in a particular geographic area,
or for entrance to all units where an admission fee is
charged, the Secretary is authorized to make available
annual admission permits for reasonable fees to be
determined by the Secretary.
(C) Single visits.--The Secretary shall establish
reasonable admission fees for a single visit at any
unit of the National Park System designated by the
Secretary pursuant to this section for persons who
choose not to purchase an annual pass.
(2) Recreation use fees.--The Secretary shall establish
reasonable fees for specialized outdoor recreation sites,
facilities, equipment, or services that are provided or
furnished at Federal expense.
(3) Special park uses.--The Secretary shall establish
reasonable fees for uses of park units that require special
arrangements including permits. The fees shall cover all costs
of providing necessary services associated with special uses
and shall be credited to the appropriation current at that
time.
(4) Retention of fees.--(A) Except as provided below, fees
collected pursuant to paragraphs (1) and (2) of this subsection
shall be deposited in the special fund account established in
Section 4 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-6a(i)(4)).
(B) Notwithstanding any other provision of law, beginning
in fiscal year 1996 and thereafter, an amount equal to 15
percent of the total fees collected in the immediate preceding
fiscal year pursuant to paragraphs (1) and (2) shall be
deducted from the current year collections and shall be
deposited into a special fund established in the Treasury of
the United States titled ``Fee Collection Support--National
Park System'' and shall be available to the Secretary without
further appropriation to cover the costs of collection of the
fees, to remain available until expended.
(5) Notwithstanding any other provision of law, beginning
in fiscal year 1998 and thereafter, 50 percent of the
difference in additional receipts collected during the
immediate preceding fiscal year as compared to total receipts
collected in fiscal year 1993 shall be deducted from the
current year collections and shall be covered into a special
fund established in the Treasury of the United States titled
``National Park Renewal Fund'', and shall be available to the
Secretary without further appropriation for infrastructure
needs at parks, including but not limited to facility
refurbishment, repair and replacement, resource protection,
interpretive/educational media (exhibits), and other
infrastructure projects beneficial to park resources, to remain
available until expended.
(6) In fiscal year 1997 only, fees authorized to be
collected pursuant to paragraphs (1) and (2) may be collected
only to the extent provided in advance in appropriations acts
and shall be credited to the appropriate special fund accounts
described in this section. In addition, said fees shall be
available for the purposes of this section only to the extent
provided in advance in appropriations acts and are authorized
to be appropriated to remain available until expended. In
fiscal year 1998 and thereafter, fees collected as authorized
to be collected pursuant to paragraphs (1) and (2) may be
collected as authorized by this section and shall be available
as provided in this section without further provision in
appropriations Acts.
(c) Use of Fees.--The Secretary shall develop procedures for the
use of these receipts that ensure accountability and demonstrated
results consistent with the purposes of this section. The Secretary
shall report annually to Congress on the expenditure of funds from fees
collected, beginning after the first full fiscal year following
enactment of this section.
(d) Discounts.--In establishing the fees authorized in this
section, the Secretary shall establish appropriate discounts for
educational groups, persons sixty-two years of age older, or persons
who are blind or permanently disabled. The Secretary may also establish
criteria when the fees may be waived for these groups or individuals.
(e) Criteria.--All fees established pursuant to this section shall
be fair and equitable, taking into consideration the direct and
indirect cost to the Government, the benefits to the recipient, the
public policy or interest served, the comparable fees charged by non-
Federal public and private agencies, the economic and administrative
feasibility of fee collection and other pertinent factors. The
Secretary shall from time to time review the fees for consistency with
the provisions of this subsection and provide timely public notice of
any proposed changes in the fees.
(f) Donations.--
(1) Requests for donations.--In addition to other
authorities the Secretary may have to accept the donation of
lands, buildings, other property, services, and moneys for the
purposes of the National Park System, the Secretary is
authorized to solicit donations of money, property, and
services from individuals, corporations, foundations and other
potential donors who the Secretary believes would wish to make
such donations as an expression of support for the national
parks. Such donations may be accepted and used for any
authorized purpose or program of the National Park Service, and
donations of money shall remain available for expenditure
without fiscal year limitation. Any employees of the Department
to whom this authority is delegated shall be set forth in
regulations issued by the Secretary pursuant to paragraph (4).
(2) Employee participation.--Employees of the National Park
Service may solicit donations only if the request is incidental
to or in support of, and does not interfere with their primary
duty of protecting and administering the parks or administering
authorized programs, and only for the purpose of providing a
level of resource protection, visitor facilities, or services
for health and safety projects, recurring maintenance
activities, or for other routine activities normally funded
through annual agency appropriations. Such requests must be in
accordance with guidelines issued pursuant to paragraph (d).
(3) Prohibitions.--(A) A donation may not be accepted in
exchange for a commitment to the donor on the part of the
National Park Service or which attaches conditions inconsistent
with applicable laws and regulations or that is conditioned
upon or will require the expenditure of appropriated funds that
are not available to the Department, or which compromises a
criminal or civil position of the United States or any of its
departments or agencies or the administrative authority of any
agency of the United States.
(B) In utilizing the authorities contained in this section
employees of the National Park Service shall not directly
conduct or execute major fund raising campaigns, but may
cooperate with others whom the Secretary may designate to
conduct such campaigns on behalf of the National Park Service.
(4) Regulations and guidance.--The Secretary shall issue
regulations setting forth those positions to which he has
delegated his authority under paragraph (1) and the categories
of employees of the National Park Service that are authorized
to request donations pursuant to paragraph (2). Such
regulations shall also set forth any limitations on the types
of donations that will be requested or accepted as well as the
sources of those donations.
(5) Guidelines.--The Secretary shall publish guidelines
which set forth the criteria to be used in determining whether
the solicitation or acceptance of contributions of lands,
buildings, other property, services, moneys and other gifts or
donations authorized by this section would reflect unfavorably
upon the ability of the Department of the Interior or any
employee to carry out its responsibilities or official duties
in a fair and objective manner, or would compromise the
integrity or the appearance of the integrity of its programs or
any official involved in those programs. The Secretary shall
also issue written guidance on the extent of the cooperation
that may be provided by National Park Service employees in any
major fund raising campaign which the Secretary has designated
others to conduct pursuant to paragraph (3)(B).
(g) Challenge Cost-Share Agreements.--
(1) Agreements.--The Secretary is authorized to negotiate
and enter into challenge cost-share agreements with
cooperators. For purposes of this section, the term--
(A) ``challenge cost-share agreement'' means any
agreement entered into between the Secretary and any
cooperator for the purpose of sharing costs or services
in carrying out authorized functions and
responsibilities of the Secretary with respect to the
National Park System; and
(B) ``cooperator'' means any State or local
government, public or private agency, organization,
institution, corporation, individual, or other entity.
(2) Use of federal funds.--In carrying out challenge cost-
share agreements, the Secretary is authorized, subject to
appropriation, to provide the Federal funding share from any
funds available to the National Park Service.
(h) Cost Recovery for Damage to Park Resources.--Any funds payable
to the United States as restitution on account of damage to park
resources or property shall be paid to the Secretary. Any such funds,
and any other funds received by the Secretary as a result of
forfeiture, compromise, or settlement on account of damage to park
resources or property shall be available without appropriation and may
be expended by the Secretary without regard to fiscal year limitation
to improve, protect, or rehabilitate any park resources or property
which have been damaged by the action of a permittee or any
unauthorized person.
(i) Consistency With Other Laws.--
(1) Except as provided in subsection (2), to the extent
that the provisions of this section are inconsistent with
section 4 of the Land and Water Conservation Act of 1965 as
amended (16 U.S.C. 460l-6a) or any other provision of law,
including any provision that prohibits or limits the charging
of a reasonable recreation or other fee, the provisions of this
section shall prevail.
(2) The following sections of the Land and Water
Conservation Act of 1965 as amended (16 U.S.C. 460l-6a) will
apply to this section:
(A) Rules and regulations; establishment;
enforcement powers; penalty for violations.--In
accordance with the provisions of this section, the
Secretary may prescribe rules and regulations for areas
under his or her administration for the collection of
any fee established pursuant to this section. Persons
authorized to enforce any such rules or regulations
issued under this subsection may, within areas under
the administration or authority of the Secretary and
with or, if the offense is committed in his presence,
without a warrant, arrest any person who violates such
rules and regulations. Any person so arrested may be
tried and sentenced by the United States magistrate
judge specifically designated for that purpose by the
court by which he was appointed, in the same manner and
subject to the same conditions as provided in
subsection (b), (c), (d), and (e) of section 3401 of
title 18. Any violations of the rules and regulations
issued under this subsection shall be punishable by a
fine of not more than $1,000.
(B) Criteria, posting and uniformity of fees.--
Clear notice that a fee has been established pursuant
to this section shall be prominently posted at each
area and at appropriate locations therein and shall be
included in publications distributed at such areas.
(C) Contracts with public or private entities for
visitor reservation services.--The Secretary, under
such terms and conditions as he deems appropriate, may
contract with any public or private entity to provide
visitor reservation services. Any such contract may
provide that the contractor shall be permitted to
deduct a commission to be fixed by the agency head from
the amount charged the public for providing such
services and to remit the net proceeds therefrom to the
contracting agency.
(D) Federal and state laws unaffected.--Nothing in
this section shall authorize Federal hunting or fishing
licenses or fees or charges for commercial or other
activities not related to recreation, nor shall it
affect any rights or authority of the States with
respect to fish and wildlife, nor shall it repeal or
modify any provision of law that permits States or
political subdivisions to share in the revenues from
Federal lands or any provision of law that provides
that any fees or charges collected at particular
Federal areas shall be used for or credited to specific
purposes or special funds as authorized by that
provision of law.
(E) Selling of permits and collection of fees by
volunteers at designated areas; collecting agency
duties; surety bonds; selling of annual admission
permits by public and private entities under
arrangements with collecting agency head.--When
authorized by the Secretary, volunteers at designated
areas may sell permits and collect fees authorized or
established pursuant to this section. The Secretary
shall ensure that such volunteers have adequate
training regarding--
(i) the sale of permits and the collection
of fees,
(ii) the purposes and resources of the
areas in which they are assigned, and
(iii) the provision of assistance and
information to visitors to the designated area.
The Secretary shall require a surety bond for any such
volunteer performing services under this subsection.
Funds available to the collecting agency may be used to
cover the cost of any such surety bond. The head of the
collecting agency may enter into arrangements with
qualified public or private entities pursuant to which
such entities may well (without cost to the United
States) annual admission permits (including Golden
Eagle Passports) at any appropriate location.
Subtitle B--Environmental Conservation, Cleanup, and Research Reforms
SEC. 5101. 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, 1995, 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--
(A) by striking the period at the end of paragraph (9) and
inserting in lieu thereof a comma; and
(B) by adding after paragraph (9) the following new
paragraphs:
``(10) 1996, $1,065,536,000,
``(11) 1997, $1,100,198,000,
``(12) 1998, $1,254,824,000, and
``(13) 1999, $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 1996, 1997, 1998, and 1999, the total of all amounts
authorized to be appropriated from the Superfund shall not
exceed the amounts specified in paragraphs (10) through (13) 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 1996, 1997, 1998, 1999, and 2000.
SEC. 5102. ELIMINATION OF THE CONSERVATION RESERVE PROGRAM.
(a) In General.--Subchapter B of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3831-3836) is hereby
repealed.
(b) Conforming Amendments.--
(1) Section 1201(a) of such Act (16 U.S.C. 3801(a)) is
amended by striking paragraph (3).
(2) Sections 1211(3) and 1221(a)(3) of such Act (16 U.S.C.
3811(3) and 3821(a)(3)) are each amended by striking
subparagraph (C) and by redesignating subparagraphs (D), (E),
and (F) as subparagraphs (C), (D), and (E), respectively.
(3) Section 1230 of such Act (16 U.S.C. 3830) is amended--
(A) in subsection (a), by striking ``highly'' and
all that follows through ``contamination), and'';
(B) in subsection (b), by striking ``subchapters B
and C'' and inserting ``subchapter C''; and
(C) in subsection (c)--
(i) by striking ``the conservation reserve
program and''; and
(ii) by striking ``subchapters B and C,
respectively'' and inserting ``subchapter C''.
(4) Section 1237 of such Act (16 U.S.C. 3837) is amended by
striking subsection (f).
(5) Section 1239(b) of such Act (16 U.S.C. 3839(b)) is
amended by striking paragraph (3).
(6) Section 1247 of such Act (16 U.S.C. 3847) is amended--
(A) by striking ``(a) In General.--''; and
(B) by striking subsection (b).
(7) Section 1305 of the Omnibus Budget Reconciliation Act
of 1987 (Public Law 100-203; 101 Stat. 1330-18) is amended by
striking subsection (d).
(8) Section 10 of the Farm Disaster Assistance Act of 1987
(Public Law 100-45; 101 Stat. 323) is hereby repealed.
(c) No Effect on Outstanding Contracts.--The repeal and amendments
made by this section shall not be construed to affect the terms of any
contract entered into under subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 before the effective date of
this Act.
SEC. 5103. ELIMINATION OF FUNDING FOR STATE WATER POLLUTION CONTROL
REVOLVING FUNDS.
No funds may be appropriated to carry out title VI of the Federal
Water Pollution Control Act for fiscal years beginning after September
30, 1995.
SEC. 5104. ELIMINATION OF FUNDING FOR WATERSHED AND FLOOD PREVENTION
OPERATIONS.
For fiscal years beginning after September 30, 1995, no funds may
be appropriated for any of the following purposes:
(1) Watershed operations and loan services authorized by
section 13 of the Flood Control Act approved December 22, 1944
(58 Stat. 905-906).
(2) Emergency watershed protection operations conducted by
the Secretary of Agriculture.
(3) Loan services authorized by section 8 of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1006a).
SEC. 5105. OBLIGATION LIMITATION FOR FLOOD CONTROL AND COASTAL
EMERGENCIES.
The total of obligations incurred in fiscal year 1996 for expenses
of the Corps of Engineers described under the heading ``Flood Control
and Coastal Emergencies'' in title I of the Energy and Water
Development Appropriations Act, 1995 (Public Law 103-316; 108 Stat.
1710) may not exceed $15,000,000.
SEC. 5106. OBLIGATION LIMITATION FOR FLOOD CONTROL, MISSISSIPPI RIVER
AND TRIBUTARIES.
The total of obligations incurred in fiscal year 1996 for expenses
of the Corps of Engineers described under the heading ``Flood Control,
Mississippi River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee'' in title I of the
Energy and Water Development Appropriations Act, 1995 (Public Law 103-
316; 108 Stat. 1709) may not exceed $320,000,000.
Subtitle C--Restructuring of Department of the Interior
SEC. 5201. LIMITATION ON ACQUISITION OF LANDS BY BUREAU OF LAND
MANAGEMENT.
(a) Congressional Findings.--The Congress finds that--
(1) the Bureau of Land Management presently holds title to
1,800,000,000 acres of public land;
(2) much of this land is marginal in value and left over
from the 19th century;
(3) in many cases, the costs of maintaining and surveying
this land far exceed the actual value of these parcels;
(4) the agency is presently facing a sizable budget backlog
which is hampering its ability to properly manage all of this
property;
(5) under the Federal Land Policy and Management Act of
1976, the Bureau is required to identify public lands suitable
for sale, exchange, or transfer; and
(6) the transfer of some of these parcels could effect
budget savings and greater management efficiencies for the
Bureau.
(b) Acquisition of Lands by Bureau of Land Management.--
(1) Prohibition.--Except as provided by subsection (c),
amounts appropriated or otherwise made available after the date
of the enactment of this Act may not be obligated or expended
by the Secretary of the Interior (hereafter in this section
referred to as the ``Secretary'') for the acquisition of any
lands or interests therein which are to be administered by the
Bureau of Land Management.
(2) Acquisition by donation or exchange or with amounts
from fund.--After the date of the enactment of this Act, the
Secretary may acquire lands or interests therein for
administration by the Bureau of Land Management only by
exchange, by donation, or from amounts made available from the
Fund pursuant to subsection (c).
(c) Bureau of Land Management Land Sale and Acquisition Fund.--
(1) Establishment.--There is established in the Department
of the Interior a fund to be known as the ``Bureau of Land
Management Land Sale and Acquisition Fund'' (hereafter in this
section referred to as the ``Fund'').
(2) Administration.--The Fund shall be administered by the
Secretary.
(3) Deposits into fund.--There shall be deposited into the
Fund--
(A) all amounts received by the Secretary from the
disposal of any lands or interests therein administered
by the Bureau of Land Management; and
(B) all amounts received by the United States by
gift for acquisition of lands to be administered by the
Bureau of Land Management.
(4) Expenditures from fund.--Amounts may be made available
from the Fund, subject to appropriation, for the acquisition of
lands or interests therein to be administered by the Bureau of
Land Management.
(d) Information Required To Be Included in Annual Budget Requests
Relating to Transfer or Disposal of Public Lands.--Each annual budget
request submitted by the Secretary to the Congress shall be accompanied
by information as to whether the Bureau of Land Management, through
preparation of land-use plans pursuant to the Federal Land Policy and
Management Act of 1976, has identified public lands which are suitable
for transfer to other management or for disposal through exchange or
otherwise, the transfer or disposal of which has been delayed because
of incomplete surveys or other reasons. If enactment of additional
legislation would be desirable in order to facilitate the transfer or
disposal of public lands described in the request, the Secretary may
include a proposal for such additional legislation in such request.
SEC. 5202. ABOLITION OF BUREAU OF MINES.
(a) Termination of Functions, Positions, and Offices.--Upon the
effective date of this Act, the Bureau of Mines shall be terminated and
all functions of the Bureau and all positions and offices within the
Bureau shall be terminated. As promptly as possible after the effective
date of this Act the Administrator of the General Services
Administration shall dispose of all facilities and property of the
Bureau (including all research facilities and equipment owned by the
Bureau) in accordance with the Federal Property and Administrative
Services Act and other applicable provisions of law.
(b) Administrative Provisions.--The provisions of this section
shall not affect suits commenced prior to the date this section takes
effect. 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. No suit, action, or other proceeding commenced by or
against any officer in his official capacity as an officer of the
Bureau of Mines shall abate by reason of the enactment of this section.
No cause of action by or against the Bureau of Mines or by or against
any officer thereof in his official capacity shall abate by reason of
the enactment of this section. Any suit, action, or other proceeding
brought against the Bureau of Mines or and officer thereof in his
official capacity shall be continued with the Secretary of the Interior
substituted as the defendant.
SEC. 5203. SALE OF HELIUM PROCESSING AND STORAGE FACILITY.
(a) References.--Except as otherwise expressly provided, whenever
in this section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Helium Act (50 U.S.C. 167 to 167n).
(b) Authority of Secretary.--Sections 3, 4, and 5 are amended to
read as follows:
``SEC. 3. AUTHORITY OF SECRETARY.
``(a) Extraction and Disposal of Helium on Federal Lands.--(1) The
Secretary may enter into agreements with private parties for the
recovery and disposal of helium on Federal lands upon such terms and
conditions as he deems fair, reasonable and necessary. The
Secretary may grant leasehold rights to any such helium. The Secretary
may not enter into any agreement by which the Secretary sells such
helium other than to a private party with whom the Secretary has an
agreement for recovery and disposal of helium. Such agreements may be
subject to such rules and regulations as may be prescribed by the
Secretary.
``(2) Any agreement under this subsection shall be subject to the
existing rights of any affected Federal oil and gas lessee. Each such
agreement (and any extension or renewal thereof) shall contain such
terms and conditions as deemed appropriate by the Secretary.
``(3) This subsection shall not in any manner affect or diminish
the rights and obligations of the Secretary and private parties under
agreements to dispose of helium produced from Federal lands in
existence at the enactment of the Helium Act of 1994 except to the
extent that such agreements are renewed or extended after such date.
``(b) Storage, Transportation and Sale.--The Secretary is
authorized to store, transport, and sell helium only in accordance with
this Act.
``(c) Monitoring and Reporting.--The Secretary is authorized to
monitor helium production and helium reserves in the United States and
to periodically prepare reports regarding the amounts of helium
produced and the quantity of crude helium in storage in the United
States.
``SEC. 4. STORAGE AND TRANSPORTATION OF CRUDE HELIUM.
``(a) Storage and Transportation.--The Secretary is authorized to
store and transport crude helium and to maintain and operate existing
crude helium storage at the Bureau of Mines Cliffside Field, together
with related helium transportation and withdrawal facilities.
``(b) Cessation of Production, Refining, and Marketing.--Effective
one year after the date of enactment of the Helium Act of 1994, the
Secretary shall cease producing, refining and marketing refined helium
and shall cease carrying out all other activities relating to helium
which the Secretary was authorized to carry out under this Act before
the date of enactment of the Helium Act of 1994, except those
activities described in subsection (a).
``(c) Disposal of Facilities.--(1) Within one year after the date
of enactment of the Helium Act of 1994, the Secretary shall dispose of
all facilities, equipment, and other real and personal property,
together with all interests therein, held by the United States for the
purpose of producing, refining and marketing refined helium. The
disposal of such property shall be in accordance with the provisions of
law governing the disposal of excess or surplus properties of the
United States.
``(2) All proceeds accruing to the United States by reason of the
sale or other disposal of such property shall be treated as moneys
received under this chapter for purposes of section 6(f). All costs
associated with such sale and disposal (including costs associated with
termination of personnel) and with the cessation of activities under
subsection (b) shall be paid from amounts available in the helium
production fund established under section 6(f).
``(3) Paragraph (1) shall not apply to any facilities, equipment,
or other real or personal property, or any interest therein, necessary
for the storage and transportation of crude helium.
``(d) Existing Contracts.--All contracts which were entered into by
any person with the Secretary for the purchase by such person from the
Secretary of refined helium and which are in effect on the date of the
enactment of the Helium Act of 1994 shall remain in force and effect
until the date on which the facilities referred to in subsection (c)
are disposed of. Any costs associated with the termination of such
contracts shall be paid from the helium production fund established
under section 6(f).
``SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITHDRAWAL.
``Whenever the Secretary provides helium storage, withdrawal, or
transportation services to any person, the Secretary is authorized and
directed to impose fees on such person to reimburse the Secretary for
the full costs of providing such storage, transportation, and
withdrawal. All such fees received by the Secretary shall be treated as
moneys received under this Act for purposes of section 6(f).''.
(c) Sale of Crude Helium.--Section 6 is amended as follows:
(1) Subsection (a) is amended by striking out ``from the
Secretary'' and inserting ``from persons who have entered into
enforceable contracts to purchase an equivalent amount of crude
helium from the Secretary''.
(2) Subsection (b) is amended by inserting ``crude'' before
``helium'' and by adding the following at the end thereof:
``Except as may be required by reason of subsection (a), the
Secretary shall not make sales of crude helium under this
section in such amounts as will disrupt the market price of
crude helium.''.
(3) Subsection (c) is amended by inserting ``crude'' before
``helium'' after the words ``Sales of'' and by striking
``together with interest as provided in this subsection'' and
all that follows down through the period at the end of such
subsection and inserting the following: ``all funds required to
be repaid to the United States as of October 1, 1993 under this
section (hereinafter referred to as `repayable amounts'). The
price at which crude helium is sold by the Secretary shall not
be less than the amount determined by the Secretary as follows:
``(1) Divide the outstanding amount of such repayable
amounts by the volume (in mcf) of crude helium owned by the
United States and stored in the Bureau of Mines Cliffside Field
at the time of the sale concerned.
``(2) Adjust the amount determined under paragraph (1) by
the Consumer Price Index for years beginning after December 31,
1993.''.
(4) Subsection (d) is amended to read as follows:
``(d) Extraction of Helium From Deposits on Federal Lands.--All
moneys received by the Secretary from the sale or disposition of helium
on Federal lands shall be paid to the Treasury and credited against the
amounts required to be repaid to the Treasury under subsection (c) of
this section.''.
(5) Subsection (e) is repealed.
(6) Subsection (f) is amended by inserting ``(1)'' after
``(f)'' and by adding the following at the end thereof:
``(2) Within 7 days after the commencement of each fiscal year
after the disposal of the facilities referred to in section 4(c), all
amounts in such fund in excess of $2,000,000 (or such lesser sum as the
Secretary deems necessary to carry out this Act during such fiscal
year) shall be paid to the Treasury and credited as provided in
paragraph (1). Upon repayment of all amounts referred to in subsection
(c), the fund established under this section shall be terminated and
all moneys received under this Act shall be deposited in the Treasury
as General Revenues.''.
(d) Elimination of Stockpile.--Section 8 is amended to read as
follows:
``SEC. 8. ELIMINATION OF STOCKPILE.
``(a) Review of Reserves.--Not later than January 1, 2014 the
Secretary shall review the known helium reserves in the United States
and make a determination as to the expected life of the domestic helium
reserves (other than federally owned helium stored at the Cliffside
Reservoir) at that time.
``(b) Reserves Below 1 BCF in 2014.--Not later than January 1,
2014, if the Secretary determines that domestic helium reserves (other
than federally owned helium stored at the Cliffside Reservoir) are less
than 1 billion cubic feet (bcf), the Secretary shall commence making
sales of crude helium from helium reserves owned by the United States
in such amounts as may be necessary to dispose of all such helium
reserves in excess of 600 million cubic feet (mcf) by January 1, 2019.
The sales shall be at such times and in such lots as the Secretary
determines, in consultation with the helium industry, necessary to
carry out this subsection. The price for all such sales, as determined
by the Secretary in consultation with the helium industry, shall be
such as will ensure repayment of the amounts required to be repaid to
the Treasury under section 6(c) by the year 2019 with minimum market
disruption. The date specified in this subsection for completion of
such sales and for repayment of debt may be extended by the Secretary
for a period of not to exceed 5 additional years if necessary in order
to assure repayment of such debt with minimum market disruption.
``(c) Reserves Above 1 BCF in 2014.--Not later than January 1,
2014, if the Secretary determines that domestic helium reserves (other
than federally owned helium stored at the Cliffside Reservoir) are more
than 1 billion cubic feet (bcf), the Secretary shall commence making
sales of crude helium from helium reserves owned by the United States
in such amounts as may be necessary to dispose of all such helium
reserves in excess of 600 million cubic feet (mcf) by January 1, 2024.
The sales shall be at such times and in such lots as the Secretary
determines, in consultation with the helium industry, necessary to
carry out this subsection with minimum disruption of the market for
crude helium.
``(d) Discovery of Additional Reserves.--The discovery of
additional helium reserves after the year 2014 shall not affect the
duty of the Secretary to make sales of helium as provided in subsection
(b) or (c), as the case may be.''.
(e) Repeal of Authority To Borrow.--Sections 12 and 15 are
repealed.
SEC. 5204. ABOLITION OF GEOLOGICAL SURVEY.
(a) Transfer of Basic Research Functions to National Science
Foundation.--Upon the effective date of this section there shall be
transferred to and vested in the National Science Foundation all basic
research functions of the United States Geological Survey.
(b) Transfer of Stream Monitoring Functions.--Upon the effective
date of this Act there shall be transferred to and vested in the
Administrator of the Environmental Protection Agency all stream
monitoring functions of the United States Geological Survey, (together
with all other water resources and water quality investigation
functions of the Survey).
(c) Termination of Other Functions, Positions, and Offices.--Upon
the effective date of this section, the United States Geological Survey
shall be terminated and all functions of the Survey not transferred
under this section shall be terminated. As promptly as possible after
the effective date of this Act the Administrator of the General
Services Administration shall dispose of all facilities and property of
the Survey (including all research facilities and equipment owned by
the Survey and used for purposes of basic research, such as the seismic
network and volcano observatories) in accordance with the Federal
Property and Administrative Services Act and other applicable
provisions of law. Each position and office within the United States
Geological Survey which was performing a function terminated by this
subsection shall terminate.
(d) Administrative Provisions.--
(1) Authorities transferred.--To the extent necessary or
appropriate to perform any function transferred by this
section, the head of the agency or instrumentality to which
such function is transferred may exercise, in carrying out the
function so transferred, any authority or part thereof
available by law, including appropriation Acts, to the United
States Geological Survey or any official thereof.
(2) Transfer and allocations of appropriations and
personnel.--(A) 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
transferred by this section, are hereby transferred to the
National Science Foundation (in the case of functions referred
to in subsection (a)) or to the Administrator of the
Environmental Protection Agency (in the case of functions
referred to in subsection (b)) for appropriate allocation.
Unexpended funds transferred pursuant to this subsection shall
only be used for the purposes for which the funds were
originally authorized and appropriated.
(3) Effect on personnel.--(A) 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 pursuant to this
section shall not cause any such employee to be separated or
reduced in grade or compensation for one year after the date of
enactment of this Act.
(B) Any person who, on the effective date of this section,
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
National Science Foundation or the Environmental Protection
Agency to a position having duties comparable to those
performed immediately preceding his appointment shall continue
to be compensated in his new position at not less than the rate
provided for his previous position, for the duration of his
service in the new position.
(e) Incidental Transfers.--The Director of the Office of Management
and Budget, in consultation with the Secretary of the Interior, is
authorized and directed to make such determinations as may be necessary
with regard to the transfer of functions which relate to or are
utilized by the United States geological Survey, to make such
additional incidental dispositions of personnel, assets, liabilities,
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 the functions transferred by this section,
as he may deem necessary to accomplish the purposes of this section.
(f) Savings Provisions.--(1) All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, and
privileges--
(A) which have been issued, made, granted, or allowed to
become effective in the performance of functions which are
transferred under this section, and
(B) which are in effect at the time this section takes
effect,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary of the Interior, the National Science
Foundation, the Administrator of the Environmental Protection Agency,
or other authorized officials, a court of competent jurisdiction, or by
operation of law.
(2) Except as provided in paragraph (4)--
(A) the provisions of this section shall not affect suits
commenced prior to the date this section takes effect, and
(B) 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.
(3) No suit, action, or other proceeding commenced by or against
any officer in his official capacity as an officer of the United States
Geological Survey shall abate by reason of the enactment of this
section. No cause of action by or against the United States Geological
Survey or by or against any officer thereof in his official capacity
shall abate by reason of the enactment of this section.
(4) If, before the date on which this section takes effect, the
United States Geological Survey or officer thereof in his official
capacity is a party to a suit, and under this section, any function of
the Survey or of such officer is transferred to the National Science
Foundation or the Administrator of the Environmental Protection Agency,
then such suit shall be continued with the National Science Foundation
or the Administrator, as the case may be, substituted.
(g) References.--With respect to any functions transferred by this
section, any reference in any other Federal law to the United States
Geological Survey or any officer or office the functions of which are
so transferred shall be deemed to refer to the National Science
Foundation or the Administrator of the Environmental Protection Agency
or the officer or office thereof in which this section vests such
functions.
SEC. 5205. DOWNSIZING OF MINERALS MANAGEMENT SERVICE.
Upon the enactment of this Act, the functions of the Outer
Continental Shelf Regional Offices of the Minerals Management Service
serving Alaska, the Pacific Coast and the Atlantic regions shall be
transferred to such officer within the Department of the Interior as
may be designated by the Secretary of the Interior and the Secretary
shall take such actions as may be necessary to terminate those regional
offices.
SEC. 5206. DOWNSIZING OF BUREAU OF RECLAMATION
Notwithstanding any other provision of law, amounts appropriated
for the fiscal year 1996 and for each of the 4 following fiscal years
(not including spending authority from offsetting collections) for the
construction program of the Bureau of Reclamation shall not exceed
$249,573,000. Notwithstanding any other provision of law, amounts
appropriated for the fiscal year 1996 and for each of the 4 following
fiscal years (not including spending authority from offsetting
collections) for the operation and maintenance of reclamation projects
or parts thereof and other facilities of the Bureau of Reclamation
shall not exceed $282,898,000.
SEC. 5207. CONSOLIDATION OF BUREAU OF INDIAN AFFAIRS.
Not later than one year after the date of the enactment of this
Act, the Secretary of the Interior shall consolidate the area service
offices of the Bureau of Indian Affairs into six offices, of which four
shall be regional service centers and two shall be special service
offices. In carrying out this section, the Secretary shall consult with
the Task Force on Bureau of Indian Affairs Reorganization, as provided
in the Department of the Interior and Related Agencies Appropriations
Act, 1994 (Public Law 103-138).
SEC. 5208. ABOLITION OF OFFICE OF TERRITORIAL AND INTERNATIONAL
AFFAIRS.
(a) In General.--The Office of Territorial and International
Affairs of the Department of the Interior, established pursuant to the
Order of the Secretary of the Interior 3046, of February 14, 1980, as
amended, is hereby abolished.
(b) Transfer of Responsibilities.--All responsibilities of the
Office of Territorial and International Affairs relating to the
administration or termination of the Trust Territory of the Pacific
Islands, to the implementation of the Compact of Free Association
between the Government of the United States of America and the
Government of Palau (48 U.S.C. 1681 note), or to the implementation of
the Compact of Free Association between the Government of the United
States of America and the Governments of the Marshall Islands and the
Federated States of Micronesia (48 U.S.C. 1681 note), are hereby
transferred to the Office of East Asian and Pacific Affairs of the
Department of State. All responsibilities of the Office of Territorial
and International Affairs relating to technical operations, or
management assistance and not described in the preceding sentence are
hereby transferred to the Department of Commerce.
(c) Elimination of Position of Assistant Secretary.--
(1) In general.--The position of Assistant Secretary for
Territorial and International Affairs at the Department of the
Interior is hereby eliminated.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries of
the Interior (6).'' and inserting ``Assistant Secretaries of
the Interior (5).''.
(d) Effective Date.--This subsection shall take effect on October
1, 1995.
SEC. 5209. ABOLITION OF NATIONAL BIOLOGICAL SURVEY.
(a) In General.--The National Biological Survey is hereby
abolished.
(b) Prohibition of Appropriations.--No funds are authorized to be
appropriated for the National Biological Survey.
SEC. 5210. HARDROCK MINING ROYALTIES.
(a) Definitions.--As used in this section:
(1) The term ``locatable mineral'' means any mineral not
subject to disposition under any of the following:
(A) The Mineral Leasing Act (30 U.S.C. 181 and
following).
(B) The Geothermal Steam Act of 1970 (30 U.S.C. 100
and following).
(C) The Act of July 31, 1947, commonly known as the
Materials Act of 1947 (30 U.S.C. 601 and following).
(D) The Mineral Leasing for Acquired Lands Act (30
U.S.C. 351 and following).
(2) The term ``mineral activities'' means any activity for,
related to or incidental to mineral exploration, mining,
beneficiation and processing activities for any locatable
mineral, including access. When used with respect to this term:
(A) The term ``exploration'' means those techniques
employed to locate the presence of a locatable mineral
deposit and to establish its nature, position, size,
shape, grade and value.
(B) The term ``mining'' means the processes
employed for the extraction of a locatable mineral from
the earth.
(C) The term ``beneficiation'' means the crushing
and grinding of locatable mineral ore and such
processes are employed to free the mineral from other
constituents, including but not necessarily limited to,
physical and chemical separation techniques.
(D) The term ``processing'' means processes
downstream of beneficiation employed to prepare
locatable mineral ore into the final marketable
product, including but not limited to, smelting and
electrolytic refining.
(3) The term ``mining claim'' means a claim for the
purposes of mineral activities.
(4) The term ``Secretary'' means, unless otherwise provided
in this section, the Secretary of the Interior acting through
the Director of the Minerals Management Service.
(b) Reservation of Royalty.--Production of all locatable minerals
from any mining claim located under the general mining laws, or mineral
concentrates or products derived from locatable minerals from any
mining claim located under the general mining laws, as the case may be,
shall be subject to a royalty of 8 percent of the gross income from
such production. The claimholder and any operator to whom the
claimholder has assigned the obligation to make royalty payments under
the claim and any person who controls such claimholder or operator
shall be jointly and severally liable for payment of such royalties.
(c) Duties of Claim Holders, Operators, and Transporters.--(1) A
person--
(A) who is required to make any royalty payment under this
section shall make such payments to the United States at such
times and in such manner as the Secretary may by rule
prescribe; and
(B) shall notify the Secretary, in the time and manner as
may be specified by the Secretary, of any assignment that such
person may have made of the obligation to make any royalty or
other payment under a mining claim.
(2) Any person paying royalties under this section shall file a
written instrument, together with the first royalty payment, affirming
that such person is liable to the Secretary for making proper payments
for all amounts due for all time periods for which such person as a
payment responsibility. Such liability for the period referred to in
the preceding sentence shall include any and all additional amounts
billed by the Secretary and determined to be due by final agency or
judicial action. Any person liable for royalty payments under this
section who assigns any payment obligation shall remain jointly and
severally liable for all royalty payments due for the claim for the
period.
(3) A person conducting mineral activities shall--
(A) develop and comply with the site security provisions in
operations permit designed to protect from theft the locatable
minerals, concentrates or products derived therefrom which are
produced or stored on a mining claim, and such provisions shall
conform with such minimum standards as the Secretary may
prescribe by rule, taking into account the variety of
circumstances on mining claims; and
(B) not later than the 5th business day after production
begins anywhere on a mining claim, or production resumes after
more than 90 days after production was suspended, notify the
Secretary, in the manner prescribed by the Secretary, of the
date on which such production has begun or resumed.
(4) The Secretary may by rule require any person engaged in
transporting a locatable mineral, concentrate, or product derived
therefrom to carry on his or her person, in his or her vehicle, or in
his or her immediate control, documentation showing, at a minimum, the
amount, origin, and intended destination of the locatable mineral,
concentrate, or product derived therefrom in such circumstances as the
Secretary determines is appropriate.
(d) Recordkeeping and Reporting Requirements.--(1) A claim holder,
operator, or other person directly involved in developing, producing,
processing, transporting, purchasing, or selling locatable minerals,
concentrates, or products derived therefrom, subject to this Act,
through the point of royalty computation shall establish and maintain
any records, make any reports, and provide any information that the
Secretary may reasonably require for the purposes of implementing this
section or determining compliance with rules or orders under this
section. Such records shall include, but not be limited to, periodic
reports, records, documents, and other data. Such reports may also
include, but not be limited to, pertinent technical and financial data
relating to the quantity, quality, composition volume, weight, and
assay of all minerals extracted from the mining claim. Upon the request
of any officer or employee duly designated by the Secretary or
any State conducting an audit or investigation pursuant to this
section, the appropriate records, reports, or information which may be
required by this section shall be made available for inspection and
duplication by such officer or employee or State.
(2) Records required by the Secretary under this section shall be
maintained for 6 years after cessation of all mining activity at the
claim concerned unless the Secretary notifies the operator that he or
she has initiated an audit or investigation involving such records and
that such records must be maintained for a longer period. In any case
when an audit or investigation is underway, records shall be maintained
until the Secretary releases the operator of the obligation to maintain
such records.
(e) Audits.--The Secretary is authorized to conduct such audits of
all claim holders, operators, transporters, purchasers, processors, or
other persons directly or indirectly involved in the production or
sales of minerals covered by this section, as the Secretary deems
necessary for the purposes of ensuring compliance with the requirements
of this section. For purposes of performing such audits, the Secretary
shall, at reasonable times and upon request, have access to, and may
copy, all books, papers and other documents that relate to compliance
with any provision of this section by any person.
(f) Cooperative Agreements.--(1) The Secretary is authorized to
enter into cooperative agreements with the Secretary of Agriculture to
share information concerning the royalty management of locatable
minerals, concentrates, or products derived therefrom, to carry out
inspection, auditing, investigation, or enforcement (not including the
collection of royalties, civil or criminal penalties, or other
payments) activities under this section in cooperation with the
Secretary, and to carry out any other activity described in this
section.
(2) Except as provided in paragraph (4)(A) of this subsection
(relating to trade secrets), and pursuant to a cooperative agreement,
the Secretary of Agriculture shall, upon request, have access to all
royalty accounting information in the possession of the Secretary
respecting the production, removal, or sale of locatable minerals,
concentrates, or products derived therefrom from claims on lands open
to location under the general mining laws.
(3) Trade secrets, proprietary, and other confidential information
shall be made available by the Secretary pursuant to a cooperative
agreement under this subsection to the Secretary of Agriculture upon
request only if--
(A) the Secretary of Agriculture consents in writing to
restrict the dissemination of the information to those who are
directly involved in an audit or investigation under this
section and who have a need to know;
(B) the Secretary of Agriculture accepts liability for
wrongful disclosure; and
(C) the Secretary of Agriculture demonstrates that such
information is essential to the conduct of an audit or
investigation under this subsection.
(g) Interest and Substantial Underreporting Assessments.--(1) In
the case of mining claims where royalty payments are not received by
the Secretary on the date that such payments are due, the Secretary
shall charge interest on such under payments at the same interest rate
as is applicable under section 6621(a)(2) of the Internal Revenue Code
of 1986. In the case of an underpayment, interest shall be computed and
charged only on the amount of the deficiency and not on the total
amount.
(2) If there is any underreporting of royalty owed on production
from a claim for any production month by any person liable for royalty
payments under this section, the Secretary may assess a penalty of 10
percent of the amount of that underreporting.
(3) If there is a substantial underreporting of royalty owed on
production from a claim for any production month by any person
responsible for paying the royalty, the Secretary may assess a penalty
of 10 percent of the amount of that underreporting.
(4) For the purposes of this subsection, the term ``substantial
underreporting'' means the difference between the royalty on the value
of the production which should have been reported and the royalty on
the value of the production which was reported, if the value which
should have been reported is greater than the value which was reported.
An underreporting constitutes a ``substantial underreporting'' if such
difference exceeds 10 percent of the royalty on the value of production
which should have been reported.
(5) The Secretary shall not impose the assessment provided in
paragraphs (2) or (3) of this subsection if the person liable for
royalty payments under this section corrects the underreporting before
the date such person receives notice from the Secretary that an
underreporting may have occurred, or before 90 days after the date of
the enactment of this section, whichever is later.
(6) The Secretary shall waive any portion of an assessment under
paragraph (2) or (3) of this subsection attributable to that portion of
the underreporting for which the person responsible for paying the
royalty demonstrates that--
(A) such person had written authorization from the
Secretary to report royalty on the value of the production on
basis on which it was reported,
(B) such person had substantial authority for reporting
royalty on the value of the production on the basis on which it
was reported,
(C) such person previously had notified the Secretary, in
such manner as the Secretary may by rule prescribe, of relevant
reasons or facts affecting the royalty treatment of specific
production which led to the underreporting, or
(D) such person meets any other exception which the
Secretary may, by rule, establish.
(7) All penalties collected under this subsection shall be
deposited in the Treasury.
(h) Effective Date.--The royalty under this section shall take
effect with respect to the production of locatable minerals after the
enactment of this Act, but any royalty payments attributable to
production during the first 12 calendar months after the enactment of
this Act shall be payable at the expiration of such 12-month period.
Subtitle D--Administrative Reform
SEC. 5301. REDUCTION IN OVERHEAD EXPENSES OF ENVIRONMENTAL PROTECTION
AGENCY.
(a) In General.--The amount obligated by the Environmental
Protection Agency during fiscal year 1996 for overhead expenses shall
not exceed an amount sufficient to reduce outlays for such expenses
during such fiscal year (as compared to such outlays during fiscal year
1995) by $151,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
Subtitle E--National Marine Program Reforms
SEC. 5401. TERMINATION OF NATIONAL COASTAL ZONE MANAGEMENT GRANTS AND
NATIONAL SEA GRANT COLLEGE PROGRAM GRANTS.
(a) Termination of Grant Authority.--Notwithstanding any other
provision of law, no grant may be made under--
(1) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.); or
(2) the National Sea Grant College Program Act (33 U.S.C.
1121 et seq.).
(b) Existing Grant Agreements Not Affected.--This section shall not
affect any grant agreement in effect before the date of the enactment
of this Act.
SEC. 5402. DISPOSAL OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
FLEET.
(a) Disposal of NOAA Fleet.--The Secretary of Commerce--
(1) shall expeditiously dispose of all ownership interest
of the United States in all vessels in the National Oceanic and
Atmospheric Administration fleet;
(2) may not acquire any ownership interest in any vessel
for use by the National Oceanic and Atmospheric Administration;
(3) may obtain vessels for use by the National Oceanic and
Atmospheric Administration only by charter of privately-owned
vessels; and
(4) may obtain vessel operation services for the National
Oceanic and Atmospheric Administration only under contracts
with private-sector sources.
(b) Existing Contracts Not Affected.--This section shall not affect
any contract in effect before the date of the enactment of this Act.
SEC. 5403. RESCISSION OF FUNDS AVAILABLE FOR NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION PROCUREMENT AND MODERNIZATION.
Of the funds made available in appropriations Acts for fiscal year
1995 for procurement and modernization for the National Oceanic and
Atmospheric Administration, there are rescinded so much as exceed the
amount available for those purposes for fiscal year 1994.
SEC. 5404. RESCISSION OF FUNDS AVAILABLE FOR NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION CONSTRUCTION.
Of the funds made available in appropriations Acts for fiscal year
1995 for construction for the National Oceanic and Atmospheric
Administration, there are rescinded so much as exceed the amount
available for that purpose for fiscal year 1994.
Subtitle F--Corps of Engineers Reform
SEC. 5501. REORGANIZATION OF CORPS OF ENGINEERS.
The Secretary of the Army shall reorganize the 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 Corps of
Engineers and reduce staff and costs, to achieve at least $50,000,000
in net annual savings by fiscal year 1998.
SEC. 5502. OBLIGATION LIMITATION FOR CORPS OF ENGINEERS CONSTRUCTION.
The total of obligations incurred in fiscal year 1996 for expenses
of the Corps of Engineers described under the heading ``Construction,
General'' in title I of the Energy and Water Development Appropriations
Act, 1995 (Public Law 103-316; 108 Stat. 1709-1710) may not exceed
$959,000,000.
SEC. 5503. OBLIGATION LIMITATION FOR CORPS OF ENGINEERS OPERATION AND
MAINTENANCE.
The total of obligations incurred in fiscal year 1996 for expenses
of the Corps of Engineers described under the heading ``Operations and
Maintenance, General'' in title I of the Energy and Water Development
Appropriations Act, 1995 (Public Law 103-316; 108 Stat. 1709-1710) may
not exceed $1,611,600,000.
SEC. 5504. OBLIGATION LIMITATION FOR CORPS OF ENGINEERS GENERAL
INVESTIGATIONS.
The total of obligations incurred in fiscal year 1996 for expenses
of the Corps of Engineers described under the heading ``General
Investigations'' in title I of the Energy and Water Development
Appropriations Act, 1995 (Public Law 103-316; 108 Stat. 1707) may not
exceed $148,000,000.
TITLE VI--AGRICULTURE
Subtitle A--Agriculture Research and Extension
SEC. 6001. CONSOLIDATION OF AGRICULTURAL RESEARCH SERVICE, COOPERATIVE
STATE RESEARCH SERVICE, AND EXTENSION SERVICE.
(a) Consolidation Required.--The Secretary of Agriculture shall
consolidate the agricultural research agencies of the Department of
Agriculture specified in subsection (b) for the purpose of reducing the
number of personnel in these agencies and eliminating duplicative
overhead expenses in these agencies. In accomplishing this
consolidation, the Secretary shall pursue the objective of reducing the
annual administrative expenses of the consolidated agricultural
research agency by an amount equal to at least 50 percent of the
administrative expenses of these agencies in fiscal year 1995.
(b) Agencies Subject to Consolidation.--Subsection (a) shall apply
with respect to the Agricultural Research Service, the Cooperative
State Research Service, and the Extension Service of the Department of
Agriculture (including personnel and field, regional, and national
offices of these agencies).
SEC. 6002. TERMINATION OF COOPERATIVE AGRICULTURAL EXTENSION WORK IN
DISTRICT OF COLUMBIA.
(a) Extension Work Termination.--Section 208 of the District of
Columbia Public Postsecondary Education Reorganization Act (Public Law
93-471; 88 Stat. 1428; Sec. 31-1518, D.C. Code) is amended by striking
subsections (c) and (d) relating to the authorization of appropriations
of funds for the provision of cooperative agricultural extension work
in District of Columbia.
(b) Conforming Amendment.--Section 3 of the Act of May 8, 1914
(commonly known as the Smith-Lever Act; 7 U.S.C. 343), is amended by
adding at the end the following new subsection:
``(g) The District of Columbia shall not be eligible to receive any
sums appropriated under this section.''.
SEC. 6003. RURAL TECHNOLOGY GRANTS.
Section 310B of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932) is amended by striking subsections (f), (g), and (h)
relating to the provision of grants to nonprofit institutions for the
purpose of enabling such institutions to establish and operate centers
for rural technology or cooperative development.
SEC. 6004. CAP ON AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL
TELECOMMUNICATIONS PROGRAM.
Section 1673(h) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5926) is amended by striking ``$12,000,000'' and
inserting ``$1,037,850''.
SEC. 6005. CAP ON AUTHORIZATION OF APPROPRIATIONS FOR RENEWABLE
RESOURCES EXTENSION PROGRAM.
Section 6 of the Renewable Resources Extension Act of 1978 (16
U.S.C. 1675) is amended by striking the first sentence and inserting
the following: ``There are authorized to be appropriated to implement
this Act $2,839,850 for each of the fiscal years 1996 through 2000.''.
Subtitle B--Agricultural Trade
SEC. 6101. REDUCTION OF SPENDING FOR EXPORT MARKETING AND INTERNATIONAL
ACTIVITIES.
Notwithstanding any other provision of law, the cooperator market
development program of the Foreign Agricultural Service shall be
discontinued. The Secretary of Agriculture may provide for the orderly
phase out of this program.
SEC. 6102. ELIMINATION OF EXPORT ENHANCEMENT PROGRAM.
(a) Repeal.--Title III of the Agricultural Trade Act of 1978 (7
U.S.C. 5651 et seq.) is repealed.
(b) Effect of Repeal on Existing Agreements.--The repeal by
subsection (a) of the export enhancement program under title III of the
Agricultural Trade Act of 1978 shall not affect the validity or
continued operation of an agreement entered into before the date of the
enactment of this Act under such title.
SEC. 6103. REDUCTION OF LOAN GUARANTEE PROGRAM.
Subparagraph (A) of section 211(b)(1) of The Agricultural Trade Act
of 1978 (7 U.S.C. 5641(b)(1)) is amended to read as follows:
``(A) Maximum amounts.--The Commodity
Credit Corporation shall make available for
each of the fiscal years 1994 through 1995 not
more than $3,600,000,000 in credit guarantees
under section 202(a).''.
SEC. 6104. ELIMINATION OF MARKET PROMOTION PROGRAM.
(a) Repeal.--Section 203 of the Agricultural Trade Act of 1978 (7
U.S.C. 5623) is repealed.
(b) Conforming Amendments.--The Agricultural Trade Act of 1978 is
amended--
(1) in section 211 (7 U.S.C. 5641), by striking subsection
(c); and
(2) in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by striking
``203,''.
(c) Effect of Repeal on Existing Agreements.--The repeal by
subsection (a) of the market promotion program established pursuant to
section 203 of the Agricultural Trade Act of 1978 shall not affect the
validity or continued operation of an agreement entered into before the
date of the enactment of this Act to provide assistance under such
section.
Subtitle C--Department of Agriculture Overhead Reduction
SEC. 6201. REDUCTION IN OVERHEAD EXPENSES OF DEPARTMENT OF AGRICULTURE.
(a) In General.--The amount obligated by the Department of
Agriculture during fiscal year 1996 for overhead expenses shall not
exceed an amount sufficient to reduce outlays for such expenses during
such fiscal year (as compared to such outlays during fiscal year 1995)
by $400,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
Subtitle D--Loan Reform
SEC. 6301. TERMINATION OF GRANT PROGRAM TO ASSIST STATE MEDIATION
PROGRAMS.
(a) Termination.--Subtitle A of title V of the Agricultural Credit
Act of 1987 (7 U.S.C. 5101-5106) relating to matching grants for State
mediation programs is repealed.
(b) Effect of Termination.--The amendment made by subsection (a)
shall not affect any grant made under section 502 of the Agricultural
Credit Act of 1987 (7 U.S.C. 5102) before the date of the enactment of
this Act, or any conditions or requirements in connection with the use
of such a grant imposed before such date.
(c) Conforming Amendment.--The table of contents in section 1(b) of
the Agricultural Credit Act of 1987 (Public Law 100-233; 101 Stat.
1568) is amended by striking the items related to subtitle A of title V
of such Act.
Subtitle F--Crop Commodity Reform
SEC. 6401. ELIMINATION OF PRICE SUPPORT PROGRAMS FOR AGRICULTURAL
COMMODITIES AND RELATED MARKETING QUOTAS.
(a) Elimination of Price Support Programs.--(1) Except as provided
in paragraph (2), the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.)
is repealed.
(2) Paragraph (1) shall not apply to the following sections of the
Agricultural Act of 1949:
(A) The first section (7 U.S.C. 1421 note), containing the
short title of the Act.
(B) Section 204 (7 U.S.C. 1446e), relating to the milk
price support program.
(C) Section 404 (7 U.S.C. 1424), relating to utilization of
services and facilities of Commodity Credit Corporation.
(D) Section 405 (7 U.S.C. 1425), relating to personal
liability of producers for deficiencies.
(E) Section 407 (7 U.S.C. 1427), relating to Commodity
Credit Corporation sales price restrictions.
(F) Section 407A (7 U.S.C. 1427-1), relating to quality
requirements for Commodity Credit Corporation owned grain.
(G) Section 412 (7 U.S.C. 1429), relating to determinations
by the Secretary of Agriculture.
(H) Section 421 (7 U.S.C. 1431), relating to penalties for
misuse of feed intended to relieve distress or preserve
foundation herds.
(I) Section 422 (7 U.S.C. 1431a), relating to forgiveness
of violations.
(J) Title VI (7 U.S.C. 1471-1471j), relating to emergency
livestock feed assistance.
(b) Elimination of Marketing Quotas.--(1) Except as provided in
paragraph (2), title III of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1301 et seq.) is repealed.
(2) Paragraph (1) shall not apply to subtitle F of such title
relating to miscellaneous provisions and authorization of
appropriations.
(c) Conforming Amendments Regarding Other Commodities.--(1)
Subtitle E of title XI of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101-624; 7 U.S.C. 1421 note), relating to
an options pilot program, is repealed.
(2) Section 403 of the Food Security Act of 1985 (7 U.S.C. 1444e-
1), relating to price support for corn silage, is repealed.
(d) Savings Provision.--A repeal made by this section shall not
affect the liability of any person under any provision of law as in
effect before the date of the enactment of this Act.
SEC. 6402. ELIMINATING FEDERAL SUPPORT FOR HONEY.
(a) In General.--Subsection (a) of section 207 of the Agricultural
Act of 1949 (7 U.S.C. 1446h) is amended to read as follows:
``(a) Price Support.--
``(1) In general.--For each of the 1991 through 1995 crops
of honey, the price of honey shall be supported through loans,
purchases, or other operations, except that for the 1995 crops,
the price of honey shall be supported through recourse loans.
``(2) Rate of support for crop years before 1994.--For the
1991 through 1993 crop years, the rate of support shall be not
less than 53.8 cents per pound.
``(3) Rate of support for crop years after 1994.--For the
1995 crop year, the Secretary shall provide recourse loans to
producers at such a rate that minimizes costs and forfeitures,
except that such rate shall not be less than 44 cents a pound.
Section 407 of this Act shall not apply to honey forfeited to
the Commodity Credit Corporation under loans made under this
paragraph.
``(4) Effect of failure to repay.--A producer who fails to
repay a loan made under paragraph (3) by the end of the crop
year following the crop year for which such loan was made shall
be ineligible for a loan under this section for subsequent crop
years, except that the Secretary may waive this provision in
any case where in which the Secretary determines that the
failure to repay the loan was due to hardship conditions or
circumstances beyond the control of the producer.''.
(b) Marketing Loan Provisions.--Subsection (b) of such section is
amended by striking ``for a crop'' and inserting ``for the 1991 through
1993 crops''.
(c) Loan Deficiency Payments.--Subsection (c) of such section is
amended by striking ``1998'' and inserting ``1994''.
(d) Payment Limitations.--Subsection (e) of such section is
amended--
(1) by striking subparagraphs (E) through (G);
(2) by inserting ``and'' after the semicolon at the end of
subparagraph (C); and
(3) by striking the semicolon at the end of subparagraph
(D) and inserting a period.
(e) Termination.--Subsection (j) of such section is amended by
striking ``1998'' and inserting ``1995''.
(f) Conforming Amendments.--(1) Section 405(a) of the Agricultural
Act of 1949 (7 U.S.C. 1425(a)) is amended by striking in the first
sentence ``section 405A'' and inserting ``sections 207 and 405A''.
(2) Section 405A(a) of the Agricultural Act of 1949 (7 U.S.C.
1425a(a)) is amended by striking ``in each of the 1994'' and all that
follows and inserting ``in the 1994 crop year.''.
(g) Transition.--A provision of this section shall not affect the
liability of any person under any provision of law as in effect before
the date of the enactment of this Act.
TITLE VII--COMMERCE AND HOUSING CREDIT
Subtitle A--Small Business Administration Reform
CHAPTER 1--REORGANIZATION OF SMALL BUSINESS FUNCTIONS
SEC. 7001. TERMINATION OF SMALL BUSINESS ADMINISTRATION.
The Small Business Administration shall terminate on December 31,
1995.
SEC. 7002. ESTABLISHMENT OF OFFICE OF SMALL BUSINESS ADVOCACY IN
EXECUTIVE OFFICE OF THE PRESIDENT.
(a) Establishment.--There is established in the Executive Office of
the President an Office of Small Business Advocacy.
(b) Director.--The Office shall be headed by a Director who shall
be appointed by the President, by and with the advice and consent of
the Senate, and who shall be compensated at the rate provided for level
IV of the Executive Schedule in section 5315 of title 5, United States
Code.
(c) Functions of the Director.--The Director is authorized to carry
out any of the functions assigned to the Chief Counsel of Advocacy of
the Small Business Administration under the Small Business Act, as in
effect on the day before the effective date of this subtitle.
SEC. 7003. CONFORMING AMENDMENTS TO TITLE 5, UNITED STATES CODE.
(a) Section 5314.--Section 5314 of title 5, United States Code, is
amended by striking ``Administrator of the Small Business
Administration.''.
(b) Section 5315.--Section 5315 of title 5, United States Code, is
amended--
(1) by striking ``Deputy Administrator of the Small
Business Administration.'';
(2) by striking ``Chief Counsel for Advocacy, Small
Business Administration.'' and inserting ``Director of the
Office of Small Business Advocacy.''; and
(3) by striking ``Inspector General, Small Business
Administration.''.
(c) Section 5316.--Section 5316 of title 5, United States Code, is
amended by striking ``Associate Administrators of the Small Business
Administration (4).''.
CHAPTER 2--REPEALS
SEC. 7010. REPEAL OF SMALL BUSINESS ACT AND SMALL BUSINESS INVESTMENT
ACT OF 1958.
Except as otherwise provided by this subtitle, the Small Business
Act and the Small Business Investment Act of 1958 are repealed
effective September 30, 1995.
SEC. 7011. CONTINUED EFFECTIVENESS OF CERTAIN FUNCTIONS.
Notwithstanding section 7010 of this Act, the following provisions
of the Small Business Act shall remain in effect after September 30,
1995:
(1) Section 3(a) (relating to the definition of ``small
business concern'').
(2) Section 4(b)(2) (relating to maintenance of a small
business economic database).
(3) Section 15 (relating to the award of Federal contracts
to small business concerns).
SEC. 7012. CONTINUED APPLICABILITY OF CERTAIN PROVISIONS.
Notwithstanding section 7010 of this Act, the following provisions
of the Small Business Act shall remain in effect after September 30,
1995, insofar as such provisions apply to the functions referred to in
section 7011 of this Act:
(1) Section 5(b) (relating to general authorities to carry
out functions).
(2) Section 16 (relating to penalties for prohibited acts).
CHAPTER 3--TRANSFERS
SEC. 7020. SIZE STANDARDS FOR SMALL BUSINESS CONCERNS; GOVERNMENT
PROCUREMENT PROGRAMS.
There are transferred to the Director of the Office of Management
of Budget all of the functions, powers, and duties vested in or
delegated to the Administrator of the Small Business Administration
under sections 3(a) and 15 of the Small Business Act.
SEC. 7021. MAINTENANCE OF NATIONAL SMALL BUSINESS ECONOMIC INDICES.
There are transferred to the Director of the Office of Small
Business Advocacy all of the functions, powers, and duties vested in or
delegated to the Administrator of the Small Business Administration
under section 4(b)(2) of the Small Business Act.
SEC. 7022. TRANSFER OF FINANCIAL OBLIGATIONS OWNED BY SMALL BUSINESS
ADMINISTRATION.
(a) Transfers to Secretary of the Treasury.--There are transferred
to the Secretary of the Treasury the loans, notes, bonds, debentures,
securities, and other financial obligations owned by the Small Business
Administration, together with all assets or other rights (including
security interests) incident thereto, and all liabilities related
thereto, and there are assigned to the Secretary the functions, powers,
and abilities vested in or delegated to the Small Business
Administration to manage, service, collect, sell, dispose of, or
otherwise realize proceeds on obligations owed to the Small Business
Administration under authority of the Small Business Act and the Small
Business Investment Act of 1958 (including those assets purchased from
the Federal Financing Bank pursuant to subsection (e) of this section).
(b) Legal Rights, Obligations, Responsibilities, and Liabilities.--
The Secretary of the Treasury shall succeed to all rights and
obligations of the Small Business Administration with respect to any
and all legal rights, obligations, responsibilities, and liabilities
arising out of the obligations described in subsections (a) and (e) of
this section, including any outstanding guarantee of the Small Business
Administration and any of its defenses against a claim under such
guarantee, and shall have the same legal rights, obligations,
responsibilities, and liabilities as the Small Business Administration
had with respect to such obligations, and the regulation of brokers and
dealers in such obligations.
(c) Deposit of Amounts Received From Transferred Assets.--All
amounts received by the Secretary of the Treasury with respect to any
asset transferred to the Secretary pursuant to subsections (a) or (e)
of this section shall be deposited in the Treasury as miscellaneous
receipts.
(d) Disposition of Assets.--
(1) In general.--The Secretary of the Treasury is
authorized to dispose of any loan, debenture, or other asset
acquired by the Secretary pursuant to subsections (a) and (e)
of this section (including obligations formerly guaranteed
pursuant to the Small Business Act or the Small Business
Investment Act of 1958 that will be or have been acquired by
the Secretary) in the way, in amounts, at prices (for cash,
obligations, property, or combination of cash, obligations or
property), and on such conditions as the Secretary considers
advisable and in the public interest.
(2) Limitation on applicability of certain laws.--Any
disposition by the Secretary of the Treasury of a financial
asset acquired by the Secretary under this subsection,
including a disposition through sale of the Federal
Government's interest in an asset or in a pool of assets, shall
not be subject to the provisions of the Federal Property and
Administrative Services Act of 1949 or the provisions of any
Federal or State securities law.
(3) Prohibition on guarantees.--Any disposition of an asset
under this subsection shall be without any guarantee of the
United States or any agency or instrumentality thereof.
(4) Transfer of information.--Notwithstanding any other
provision of law, including the Privacy Act of 1974, the
Secretary may transfer to a prospective purchaser or transferee
of an asset under this subsection such information as may be
incident to the disposition of the asset.
(5) Limitation on applicability of certain filing
requirements.--Notwithstanding any State or local law or
regulation to the contrary, no filing or other action shall be
required in order to continue the perfected status of any
security interest transferred to the Secretary of the Treasury
which was held, on the day before the effective date of this
Act, by the Small Business Administration or any
representative, transferee, or assignee thereof.
(6) Continued applicability of certain laws.--Sections 5(b)
and (e), 7(c)(1) and (2), 16, and 17 of the Small Business Act
shall remain in effect with respect to the assets and
guarantees transferred to the Secretary of the Treasury by this
subtitle as long as the Secretary shall retain any such asset
or guarantee.
(e) Obligations Held by Federal Financing Bank.--The Secretary of
the Treasury is authorized and directed, subject to funds being
specifically appropriated for such purpose, to purchase from the
Federal Financing Bank all notes, bonds, debentures, or other
obligations held by the Federal Financing Bank that were, on the day
before the effective date of this subtitle, guaranteed or otherwise
backed by the Small Business Administration. Such purchases are to be
made at prices determined by the Federal Financing Bank as if the
obligations were repurchased by the respective obligors consistent with
the terms of such obligations or such other agreements between the
Small Business Administration and the Federal Financing Bank as are in
effect on the day before the effective date of this subtitle.
(f) Regulatory Authorities.--There are transferred to the Secretary
of the Treasury the regulatory authorities with respect to small
business investment companies and minority enterprise small business
investment companies conferred by the Small Business Investment Act of
1958; except that such regulatory authorities shall expire on--
(1) for each loan, debenture, or equity security purchased
or guaranteed by the Small Business Administration, the date
such loan or debenture is disposed of by the Department of the
Treasury; or
(2) for each small business investment company or minority
enterprise small business investment company whose loans,
debentures, or equity securities were purchased or guaranteed
by the Small Business Administration, the date on which the
last such loan, debenture or equity security of such company is
disposed of by the Secretary of the Treasury.
CHAPTER 4--GENERAL ADMINISTRATIVE PROVISIONS
SEC. 7030. TRANSFER OF AUTHORITIES.
To the extent necessary or appropriate, and consistent with the
provisions of this subtitle, in order to perform a function transferred
by this subtitle, the head of a department or agency may exercise any
authority or part thereof which was provided by law to the Small
Business Administration or the Administrator of the Small Business
Administration.
SEC. 7031. ORGANIZATIONAL ENTITIES AND OFFICES.
(a) In General.--The head of a department or agency is authorized
to locate among the officers of the department or agency the functions
transferred by this subtitle to the department or agency, and to
establish, consolidate, alter, or discontinue such organizational
entities or offices within the department or agency as may be necessary
or appropriate.
(b) Treatment During Transition.--In accordance with section 7040
of this Act, and regulations issued thereunder, and until such time as
the consolidation and termination of the transferred functions is
completed, the head of a department or agency shall treat the
organizational entities and functions transferred by this subtitle to
their respective departments, as if they remained a part of the Small
Business Administration.
SEC. 7032. DELEGATION OF FUNCTIONS.
Except where otherwise expressly provided for by law, the head of a
department or agency may delegate any of the functions now vested in a
position transferred pursuant to this subtitle that relate to such a
position to any of the officers and employees of the department or
agency, and may authorize successive redelegation of those functions,
as appropriate.
SEC. 7033. RULES AND REGULATIONS.
The head of a department or agency is authorized to issue such
rules and regulations as may be necessary or appropriate to carry out
the functions, powers, and duties vested or transferred by this
subtitle.
SEC. 7034. TRANSFER OF FUND ACCOUNTS.
Any appropriations or fund accounts established to carry out the
purposes of this subtitle shall be deemed to be successor accounts to
those that existed in the Small Business Administration prior to the
date of the enactment of this subtitle, and the balances of those prior
accounts may be transferred and merged with any of the successor
accounts so established.
CHAPTER 5--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
SEC. 7040. TRANSFERS.
So much of the personnel (including Senior Executive Service and
GS-16, GS-17, and GS-18 positions), positions, 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
any functions or authority transferred by this subtitle, are
transferred to the head of the appropriate agency, except that no such
unexpended balances transferred shall be used for purposes other than
those for which the appropriation was originally made.
SEC. 7041. DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET.
The Director of the Office of Management and Budget, in
consultation with the Administrator of the Small Business
Administration, the Secretary of the Treasury, and other officials as
appropriate, shall make such determinations as may be necessary with
regard to the functions transferred by this subtitle, assets,
liabilities, 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 the functions transferred by this subtitle, that the Director
considers necessary to accomplish the purposes of this subtitle.
SEC. 7042. SAVINGS PROVISIONS.
(a) Existing Rules, Regulations, and Orders.--All orders,
determinations, rules, regulations, permits, contracts, certificates,
licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal department or
agency, or official thereof, or by a court of competent
jurisdiction, in the performance
of functions which are transferred by this subtitle; and
(2) that are in effect on September 30, 1995, shall
continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance
with law by the head of the department or agency to which such
function is transferred, or other authorized officials, a court
of competent jurisdiction, or by operation of law.
(b) Administrative Proceedings.--
(1) Pending proceedings not affected.--The provisions of
this subtitle shall not affect any proceedings or any
application for any license, permit, certificate, or financial
assistance pending on the effective date of this subtitle; but
such proceedings and applications, to the extent that they
relate to functions so transferred, shall be continued.
(2) Effect of orders.--Orders shall be issued in such a
proceeding, appeals shall be taken therefrom, and payments
shall be made under such orders, as if this subtitle had not
been enacted, and orders issued in such a proceeding shall
continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of competent
jurisdiction, or by operation of law. Nothing in this
subsection prohibits the discontinuance or modification of such
a proceeding under the same terms and conditions and to the
same extent that such a proceeding could have been discontinued
or modified if this subtitle had not been enacted.
(3) Issuance of regulations providing for transfer.--The
head of a department or agency may issue regulations providing
for the orderly transfer of such a proceeding to the department
or agency.
(c) Pending Judicial Proceedings.--Except as provided in subsection
(e) of this section--
(1) the provisions of this subtitle do not affect a suit
commenced before this subtitle takes effect; and
(2) in such a suit, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this Act had not been enacted.
(d) Causes of Action.--No suit, action, or other proceeding
commenced by or against any officer in the officer's official capacity
as an officer of any department or agency, functions of which are
transferred by this subtitle, shall abate by reason of the enactment of
this subtitle. No cause of action by or against any department or
agency, functions of which are transferred by this subtitle, or by or
against any officer thereof in the officer's official capacity shall
abate by reason of the enactment of this subtitle. The authority to
impose sanctions and grant waivers with respect to conflicts of
interest occurring before the effective date of this subtitle, and the
requirement to maintain records relating to the consideration of
conflicts of interest before the effective date of this subtitle, do
not abate by reason of the enactment of this subtitle.
(e) Parties to a Suit.--If, before the date on which this subtitle
takes effect, any department or agency, or any officer thereof in the
officer's official capacity, is a party to a suit, and under this
subtitle any function of that department, agency, or officer is
transferred to the head of a department or agency, then the suit shall
be continued with the head of the department or agency substituted.
SEC. 7043. COORDINATION OF TRANSFER ACTIVITIES.
(a) Planning.--The Administrator of the Small Business
Administration, the Secretary of the Treasury, and other officials as
appropriate shall, beginning as soon as practicable after the date of
the enactment of this subtitle, plan for the orderly transfer of
functions and personnel pursuant to this subtitle.
(b) Use of Personnel.--With the consent of the Administrator of the
Small Business Administration, the head of each agency to which
functions are transferred by this subtitle is authorized to use the
services of such officers, employees, and other personnel of the Small
Business Administration for such period of time as may reasonably be
needed to facilitate the orderly transfer of functions pursuant to this
subtitle.
SEC. 7044. REFERENCES.
With respect to any functions transferred by this subtitle and
exercised after the effective date of this subtitle, reference in any
other Federal law to any department, commission, or agency or any
officer or office the functions of which are so transferred shall be
considered to refer to the official to whom they were transferred.
SEC. 7045. TRANSITIONAL PERIOD.
During the period from September 30, 1995, until December 31, 1995,
the Small Business Administration shall remain in existence, and there
is authorized to be appropriated such sums as may be necessary for the
purposes of winding up its affairs and advising the Secretary of the
Treasury and other appropriate officials, insofar as they may request,
in the exercise of the functions transferred by this subtitle. During
this transitional period, the Small Business Administration may not
engage in any program activities, either with respect to those
functions that are transferred to other agencies or those that are
terminated.
SEC. 7046. EFFECTIVE DATE.
(a) In General.--Unless otherwise indicated, the provisions of this
subtitle shall take effect on September 30, 1995.
(b) Exceptions.--Notwithstanding subsection (a) of this section, at
any time after the date of the enactment of this subtitle--
(1) the officers provided for in section 7002 of this Act
may be nominated and appointed, as provided in such section;
and
(2) the head of a department or agency to whom functions
are transferred under this subtitle may issue regulations under
section 7033 of this Act.
(c) Termination of Presidential Appointees.--The positions of
officers in the Small Business Administration who were appointed by the
President, by and with the advice and consent of the Senate, shall
terminate on October 31, 1995.
(d) Temporary Appointments.--If any officer required by this
subtitle to be appointed by and with the advice and consent of the
Senate has not entered office on the effective date of this subtitle,
the President may designate any officer whose appointment was required
to be made by and with the advice and consent of the Senate, and who
was such an officer immediately before the effective date of this
subtitle, to act in the office until it is filled as provided in this
subtitle. While so acting, such an officer shall be compensated at the
rate prescribed by this subtitle for the office in which the officer
acts.
Subtitle B--Housing Credit Reform
SEC. 7101. ELIMINATION OF FMHA DIRECT LOANS FOR SINGLE FAMILY HOMES.
Section 502(a) of the Housing Act of 1949 (42 U.S.C. 1472(a)) is
amended by adding at the end the following new paragraph:
``(4) Notwithstanding any other provision of this title, the
Secretary may not make any direct loan under this section after
September 30, 1995.''.
SEC. 7102. INCREASED FEES FOR FMHA SINGLE FAMILY HOUSING LOAN
GUARANTEES.
Section 502(h)(7) of the Housing Act of 1949 (42 U.S.C. 1472(h)) is
amended by striking ``1 percent'' and inserting ``2 percent''.
SEC. 7103. DELEGATION OF SINGLE FAMILY MORTGAGE INSURING AUTHORITY TO
MORTGAGEES AND SECONDARY MARKET ENTITIES.
Title II of the National Housing Act (12 U.S.C. 1707 et seq.), is
amended by adding at the end the following new section:
``delegation of insuring authority
``Sec. 256. (a) Authority.--Notwithstanding any other provision of
this title, the function of approving for insurance mortgages that
involve property upon which there is located a dwelling designed
principally for occupancy by 1 to 4 families shall be carried out only
by qualified mortgagees and, to the extent that the Secretary enters
into an agreement with the Federal National Mortgage Association or the
Federal Home Loan Mortgage Corporation to carry out such function, by
such Association or Corporation. The Secretary may not carry out the
function of approving such mortgages for insurance.
``(b) Qualified Mortgagee.--For purposes of this section, the term
`qualified mortgagee' means a mortgagee approved by the Secretary
pursuant to this section as having the capability to carry out the
function of insuring mortgages. In making such determination, the
Secretary may consider the experience of the mortgagee, the past
performance of the mortgagee, including the performance of the
mortgagee under the direct endorsement program, the default rate of
insured mortgages originated by the mortgagee compared to the default
rate of all insured mortgages in comparable markets, and such other
factors as the Secretary determines appropriate to minimize risk of
loss to the insurance funds under this Act.
``(c) Enforcement of Insurance Requirements.--
``(1) In general.--If the Secretary determines that a
mortgage insured by a qualified mortgagee pursuant to this
section was not originated in accordance with the requirements
of this title and such other requirements as may be established
by the Secretary to carry out this section, and the Secretary
pays an insurance claim with respect to the mortgage within a
reasonable period specified by the Secretary, the Secretary may
require the qualified mortgagee approved under this section to
indemnify the Secretary for the loss.
``(2) Fraud or misrepresentation.--If fraud or
misrepresentation was involved in connection with the
origination of a mortgage referred to in paragraph (1), the
Secretary may require the qualified mortgagee to indemnify the
Secretary for the loss regardless of when an insurance claim is
paid.
``(d) Termination of Mortgagee's Authority.--If a qualified
mortgagee violates the requirements and procedures established by the
Secretary pursuant to this section or the Secretary determines that
other good cause exists, the Secretary may terminate the mortgagee's
status as a qualified mortgagee by providing notice of the termination
to the mortgagee. Such a termination shall be effective upon receipt of
the notice by the mortgagee or at a later date specified in the notice
by the Secretary. A decision by the Secretary to terminate a
mortgagee's status as a qualified mortgagee shall be final and
conclusive and shall not be subject to judicial review.
``(e) Requirements and Procedures.--The Secretary shall issue
regulations establishing appropriate requirements and procedures to
carry out this section, including requirements and procedures governing
the indemnification of the Secretary by qualified mortgagees.''.
Subtitle C--Abolition of Department of Commerce and Disposition of
Particular Programs, Functions, and Agencies
CHAPTER 1--ABOLITION OF DEPARTMENT OF COMMERCE
SEC. 7201. REESTABLISHMENT OF DEPARTMENT AS COMMERCE PROGRAMS
RESOLUTION AGENCY.
(a) Reestablishment.--The Department of Commerce is hereby
redesignated as the Commerce Programs Resolution Agency, which shall be
an independent agency in the executive branch of the Government.
(b) Administrator.--
(1) In general.--There shall be at the head of the Agency
an Administrator of the Agency, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Agency shall be administered under the supervision and
direction of the Administrator. The Administrator shall receive
compensation at the rate prescribed for level II of the
Executive Schedule under section 5313 of title 5, United States
Code.
(2) Initial appointment of administrator.--Notwithstanding
any other provision of this chapter or any other law, the
President may, at any time after the date of the enactment of
this Act, appoint an individual to serve as Administrator of
the Commerce Programs Resolution Agency (who may be the
Secretary of Commerce), as such position is
established under paragraph (1). An appointment under this
paragraph may not be construed to affect the position of Secretary of
Commerce or the authority of the Secretary before the effective date
specified in section 7209(a).
(c) Duties.--The Administrator shall be responsible for--
(1) the administration and wind-up, during the wind-up
period, of all functions of the Administrator pursuant to
section 7202 and the other provisions of this title;
(2) the administration and wind-up, during the wind-up
period, of any outstanding obligations of the Federal
Government under any programs terminated or repealed by this
title; and
(3) taking such other actions as may be necessary, before
the termination date specified in section 7106(d), to wind up
any outstanding affairs of the Department of Commerce.
SEC. 7202. FUNCTIONS.
Except to the extent a function is abolished or vested in another
official or agency by this title, the Administrator shall perform all
functions that, immediately before the effective date specified in
section 7109(a), were functions of the Department of Commerce (or any
office of the Department) or were authorized to be performed by the
Secretary of Commerce or any other officer or employee of the
Department in the capacity as such officer or employee.
SEC. 7203. DEPUTY ADMINISTRATOR.
The Agency shall have a Deputy Administrator, who shall--
(1) be appointed by and report to the Administrator; and
(2) shall perform such functions as may be delegated by the
Administrator.
SEC. 7204. CONTINUATION OF SERVICE OF DEPARTMENT OFFICERS.
(a) Continuation of Service of Secretary.--The individual serving
on the effective date specified in section 7109(a) as the Secretary of
Commerce may serve and act as Administrator until the date an
individual is appointed under this title to the position of
Administrator, or until the end of the 120-day period provided for in
section 3348 of title 5, United States Code (relating to limitations on
the period of time a vacancy may be filled temporarily), whichever is
earlier.
(b) Continuation of Service of Other Officers.--An individual
serving on the effective date specified in section 7109(a) as an
officer of the Department of Commerce other than the Secretary of
Commerce may continue to serve and act in an equivalent capacity in the
Agency until the date an individual is appointed under this title to
the position of Administrator, or until the end of the 120-day period
provided for in section 3348 of title 5, United States Code (relating
to limitations on the period of time a vacancy may be filled
temporarily) with respect to that appointment, whichever is earlier.
(c) Compensation for Continued Service.--Any person--
(1) who serves as the Administrator under subsection (a),
or
(2) who serves under subsection (b),
after the effective date specified in section 7109(a) and before the
first appointment of a person as Administrator shall continue to be
compensated for so serving at the rate at which such person was
compensated before such effective date.
SEC. 7205. REORGANIZATION.
The Administrator may allocate or reallocate any function of the
Agency pursuant to this title among the officers of the Agency, and may
establish, consolidate, alter, or discontinue in the Commerce Programs
Resolution Agency any organizational entities that were entities of the
Department of Commerce, as the Administrator considers necessary or
appropriate.
SEC. 7206. ABOLISHMENT OF COMMERCE PROGRAMS RESOLUTION AGENCY.
(a) In General.--Effective on the termination date specified in
subsection (d), the Commerce Programs Resolution Agency is abolished.
(b) Abolition of Functions.--Except for functions transferred or
otherwise continued by this title, all functions that, immediately
before the termination date specified in subsection (d), were functions
of the Commerce Programs Resolution Agency are abolished effective on
that termination date.
(c) Plan for Winding Up Affairs.--Not later than the effective date
specified in section 7109(a), the President shall submit to the
Congress a plan for winding up the affairs of the Agency in accordance
with this title and by not later than the termination date specified in
subsection (d).
(d) Termination Date.--The termination date under this subsection
is the date that is 3 years after the date of the enactment of this
Act.
SEC. 7207. GAO REPORT.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Congress a report which shall include recommendations for the most
efficient means of achieving, in accordance with this title--
(1) the complete abolishment of the Department of Commerce;
and
(2) the termination or transfer or other continuation of
the functions of the Department of Commerce.
SEC. 7208. CONFORMING AMENDMENTS.
(a) Presidential Succession.--Section 19(d)(1) of title 3, United
States Code, is amended by striking ``Secretary of Commerce,''.
(b) Executive Departments.--Section 101 of title 5, United States
Code, is amended by striking the following item:
``The Department of Commerce.''.
(c) Secretary's Compensation.--Section 5312 of title 5, United
States Code, is amended by striking the following item:
``Secretary of Commerce.''.
(d) Compensation for Positions at Level III.--Section 5314 of title
5, United States Code, is amended--
(1) by striking the following item:
``Under Secretary of Commerce, Under Secretary of Commerce
for Economic Affairs, Under Secretary of Commerce for Export
Administration and Under Secretary of Commerce for Travel and
Tourism.'';
(2) by striking the following item:
``Under Secretary of Commerce for Oceans and Atmosphere,
the incumbent of which also serves as Administrator of the
National Oceanic and Atmospheric Administration.''; and
(3) by striking the following item:
``Under Secretary of Commerce for Technology.''.
(e) Compensation for Positions at Level IV.--Section 5315 of title
5, United States Code, is amended--
(1) by striking the following items:
``Assistant Secretaries of Commerce (11).'';
(2) by striking the following item:
``General Counsel of the Department of Commerce.'';
(3) by striking the following item:
``Associate Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as Deputy
Administrator of the National Oceanic and Atmospheric
Administration.'';
(4) by striking the following item:
``Director, National Institute of Standards and Technology,
Department of Commerce.'';
(5) by striking the following item:
``Inspector General, Department of Commerce.'';
(6) by striking the following item:
``Chief Financial Officer, Department of Commerce.''; and
(7) by striking the following item:
``Director, Bureau of the Census, Department of
Commerce.''.
(f) Compensation for Positions at Level V.--Section 5316 of title
5, United States Code, is amended--
(1) by striking the following item:
``Director, United States Travel Service, Department of
Commerce.''; and
(2) by striking the following item:
``National Export Expansion Coordinator, Department of
Commerce.''.
(g) Inspector General Act of 1978.--The Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in section 9(a)(1), by striking subparagraph (B);
(2) in section 11(1), by striking ``Commerce,''; and
(3) in section 11(2), by striking ``Commerce,'';
SEC. 7209. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this chapter
shall take effect on the date that is 6 months after the date of the
enactment of this Act.
(b) Provisions Effective on Date of Enactment.--The following
provisions of this chapter shall take effect on the date of the
enactment of this Act:
(1) Section 7231(b).
(2) Section 7236(c).
(3) Section 7237.
CHAPTER 2--DISPOSITION OF PARTICULAR PROGRAMS, FUNCTIONS, AND AGENCIES
OF DEPARTMENT OF COMMERCE
SEC. 7231. ECONOMIC DEVELOPMENT.
(a) Terminated Functions.--The Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.) is repealed.
(b) Transfer of Financial Obligations Owed to the Department.--
There are transferred to the Secretary of the Treasury the loans,
notes, bonds, debentures, securities, and other financial obligations
owned by the Department of Commerce under the Public Works and Economic
Development Act of 1965, together with all assets or other rights
(including security interests) incident thereto, and all liabilities
related thereto. There are assigned to the Secretary of the Treasury
the functions, powers, and abilities vested in or delegated to the
Secretary of Commerce or the Department of Commerce to manage, service,
collect, sell, dispose of, or otherwise realize proceeds on obligations
owed to the Department of Commerce under authority of such Act with
respect to any loans, obligations, or guarantees made or issued by the
Department of Commerce pursuant to such Act.
(c) Audit.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall conduct an audit
of all grants made or issued by the Department of Commerce under the
Public Works and Economic Development Act of 1965 in fiscal year 1995
and all loans, obligations, and guarantees and shall transmit to
Congress a report on the results of such audit.
SEC. 7232. EXPORT CONTROL FUNCTIONS.
(a) Transfer to Secretary of State.--
(1) In general.--Except as provided in this section, all
functions of the Secretary of Commerce, the Under Secretary of
Commerce for Export Administration, the 2 Assistant Secretaries
of Commerce appointed under section 15(a) of the Export
Administration Act of 1979 (50 U.S.C. 2414(a)), and the
Department of Commerce, on the day before the effective date
specified in section 7109(a), under the Export Administration
Act of 1979 are transferred to the Secretary of State.
(2) Consultation with ustr.--The Secretary of State shall
consult with the United States Trade Representative with
respect to licensing decisions under the Export Administration
Act of 1979.
(b) Short Supply Controls.--All functions of the Secretary of
Commerce, on the day before the effective date specified in section
7109(a), under section 7 of the Export Administration Act of 1979 (50
U.S.C. 2406), and under all other provisions of that Act to the extent
that such provisions apply to section 7, are transferred to the
President.
(c) Enforcement.--
(1) General transfer.--All functions of the Secretary of
Commerce and the Department of Commerce, on the day before the
effective date specified in section 7109(a), under sections
11(c), 12, and 13 (c), (d), and (e) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410(c), 2411, and
2412 (c), (d), and (e)) are transferred to the Secretary of the
Treasury.
(2) Transfer of enforcement personnel.--Not more than 60
United States special agents of the Bureau of Export
Administration of the Department of Commerce who, on the day
before the effective date specified in section 7109(a), were
assigned to perform functions under section 12(a) of the Export
Administration Act of 1979 may be transferred to the Customs
Service to carry out functions transferred by paragraph (1).
The Director of the Office of Management and Budget shall
determine the special agents to be transferred under this
paragraph.
(d) Anti-Boycott Compliance.--All functions of the Secretary of
Commerce and the Department of Commerce, on the day before the
effective date specified in section 7109(a), under section 8 of the
Export Administration Act of 1979 (50 U.S.C. 2407), and under all other
provisions of that Act to the extent that such provisions apply to
section 8, are transferred to the Attorney General.
(e) Termination of Office of Foreign Availability; Appointment of
Industries Board.--
(1) Termination of office.--(A) The Office of Foreign
Availability established under section 5(f)(6) of the Export
Administration Act of 1979 (50 U.S.C. 2404(f)(6)) is abolished.
(2) Conforming amendment.--Section 5(f) of the Export
Administration Act of 1979 (50 U.S.C. App. 2404(f)) is amended
by striking paragraph (6).
(3) Appointment of industries board.--The President shall
appoint an industries board, composed of representatives of
industries affected by matters relating to foreign availability
under the Export Administration Act of 1979, to advise the
Secretary of State with respect to such matters, except that no
Federal funds may be made available to the industries board to
carry out its functions.
(f) Buying Power Maintenance Account.--The authority of the
Secretary of Commerce under section 108 of title I of Public Law 100-
202 (101 Stat. 1329-7) to establish a Buying Power Maintenance account
is transferred to the Secretary of State for purposes of carrying out
functions under the Export Administration Act of 1979 that are
transferred to the Secretary of State under this section.
(g) Technical and Conforming Amendments.--
(1) Section 15(a) of the Export Administration Act of 1979
(50 U.S.C. 2414(a)) is repealed.
(2) The Office of the Under Secretary of Commerce for
Export Administration is abolished.
SEC. 7233. NATIONAL SECURITY FUNCTIONS.
(a) Transfer of Functions.--Functions of the Secretary of Commerce
immediately before the effective date specified in section 7109(a)--
(1) under section 232 of the Trade Expansion Act of 1962
(19 U.S.C. 1862) are transferred to the International Trade
Commission;
(2) under section 309 of the Defense Production Act of 1950
(50 U.S.C. App. 2099) are transferred to the Secretary of
Defense; and
(3) under section 722 of the Defense Production Act of 1950
(50 U.S.C. App. 2171) are transferred to the Secretary of the
Treasury.
(b) National Defense Technology and Industrial Base Council.--
Section 2502(b) of title 10, United States Code, is amended by striking
paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(c) Appointment of Committees of Industry Representatives.--The
President should appoint committees composed of representatives of
appropriate industries to advise the National Security Council with
respect to those matters affecting industry addressed by the Secretary
of Commerce to the National Security Council before the effective date
specified in section 7109(a).
SEC. 7234. INTERNATIONAL TRADE FUNCTIONS.
(a) Tariff Act of 1930; Uruguay Round Agreements Act.--
(1) Transfer to united states trade representative.--All
functions of the International Trade Administration of the
Department of Commerce, immediately before the effective date
specified in section 7109(a), under titles III and VII of the
Tariff Act of 1930, and all functions of the administering
authority or the Secretary of Commerce under the Uruguay Round
Agreements Act, are transferred to the United States Trade
Representative.
(2) Conforming amendment.--Section 771(1) of the Tariff Act
of 1930 (19 U.S.C. 1677(1)) is amended by striking ``Secretary
of Commerce'' and inserting ``United States Trade
Representative''.
(b) Foreign Trade Zones Board.--Subsection (b) of the first section
of the Act of June 18, 1934 (commonly known as the ``Foreign Trade
Zones Act'') (19 U.S.C. 81a(b)) is amended by striking ``Secretary of
Commerce, who shall be chairman and executive officer of the Board, the
Secretary of the Treasury'' and inserting ``Secretary of the Treasury,
who shall be chairman and executive officer of the Board, the United
States Trade Representative''.
(c) United States and Foreign Commercial Service.--
(1) Renaming and abolition of certain functions.--The
United States and Foreign Commercial Service shall, upon the
effective date specified in section 7109(a), be known as the
``United States Foreign Commercial Service'' (hereafter in this
subsection referred to as the ``Commercial Service''). All
operations of the Commercial Service in the United States
(other than those performed at the headquarters office referred
to in section 2301(c) of the Export Enhancement Act of 1988 (15
U.S.C. 4721(c))) with respect to the foreign operations of the
Commercial Service) are abolished.
(2) Transfer to ustr.--The Commercial Service and its
functions are transferred to the United States Trade
Representative. All functions performed immediately before the
effective date specified in section 7109(a) by the Secretary of
Commerce or the Department of Commerce with respect to the
Commercial Service are transferred to the United States Trade
Representative.
(3) Director general.--(A) The head of the Commercial
Service shall, as of the effective date specified in section
7109(a), be the Director General of the United States Foreign
Commercial Service.
(B) Section 5315 of title 5, United States Code, is amended
by striking ``Assistant Secretary of Commerce and Director
General of the United States and Foreign Commercial Service''
and inserting ``Director General of the United States Foreign
Commercial Service.''.
(C) The individual serving as Assistant Secretary of
Commerce and Director General of the United States and Foreign
Commercial Service immediately before the effective date
specified in section 7109(a) may serve as the Director General
of the United States Foreign Commercial Service on and after
such effective date until a successor has taken office.
Compensation for any service under this subparagraph shall be
at the rate at which the individual was compensated immediately
before the effective date specified in section 7109(a).
(4) Transfer of commercial service officers.--The transfer
to the United States Trade Representative pursuant to this
section of any Commercial Service Officer serving immediately
before the effective date specified in section 7109(a) shall
not cause such officer to be reduced in rank, grade, or
compensation.
(d) Export Promotion Programs.--
(1) Transfer.--All export promotion programs (as defined in
section 201(d) of the Export Administration Amendments Act of
1985 (15 U.S.C. 4051(d))) carried out by the Secretary of
Commerce or the Department of Commerce immediately before the
effective date specified in section 7109(a) are transferred to
the United States Trade Representative.
(2) Private funding.--With respect to any program
transferred under paragraph (1), no funds made available to the
United States Trade Representative may be used in carrying out
such program, but the United States Trade Representative may
require the persons to whom services are provided by the Office
of the United States Trade Representative under such program to
pay for such services.
(e) Trade Information.--All functions of the Secretary of Commerce
under the International Investment and Trade in Services Survey Act (22
U.S.C. 3101 and following) are transferred to the Secretary of the
Treasury.
(f) International Economic Policy.--All functions performed by the
Assistant Secretary of Commerce for International Economic Policy and
the Office of International Economic Policy of the Department of
Commerce immediately before the effective date specified in section
7109(a) are abolished.
(g) Functions With Respect to Textile Agreements.--
(1) Transfer of functions.--Notwithstanding the provisions
of Executive Order 11651 and Executive Order 12475 (7 U.S.C.
1854 note), the functions of the Committee for the
Implementation of Textile Agreements (hereafter in this
subsection referred to as ``CITA'') are transferred as follows:
(A) All functions related to policy formulation for
textile and apparel trade, including the negotiation
and implementation of textile and apparel trade
agreements, and all related activities performed by
CITA immediately before the effective date specified in
section 7109(a), and not specified in paragraphs (2)
through (4), are transferred to the United States Trade
Representative.
(B) All functions related to economic analysis of
textile and apparel trade patterns, determination of
serious damage, or actual threat thereof, to domestic
United States industry and related safeguards matters,
including the transitional safeguard provisions under
Article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(4)), and analysis of
the impact of foreign tariff and nontariff barriers on
textile and apparel trade, and all related activities
performed by CITA immediately before the effective date
specified in section 7109(a), are transferred to the
International Trade Commission.
(C) All functions related to the promotion and
foreign market expansion of United States textile and
apparel production are transferred to the United States
Foreign Commercial Service.
(D) All functions related to monitoring quota
utilization and enforcement, and actions to address the
circumvention of quotas, as described in the statement
of administrative action accompanying the Uruguay Round
Agreements (as defined in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501)), are transferred
to the Secretary of the Treasury.
(2) Abolition of cita.--CITA is abolished.
(h) Fair Trade in Auto Parts.--All functions of the Secretary of
Commerce under the Fair Trade in Auto Parts Act of 1988 (15 U.S.C. 4701
and following) are transferred to the International Trade Commission.
(i) Other Trade Functions.--
(1) Interagency trade organization.--The President shall
provide for the direct participation by representatives of
industry on the Interagency Trade Organization established
under section 242 of the Trade Expansion Act of 1962 (19 U.S.C.
1872), to carry out appropriate functions of the Secretary of
Commerce as a member of such organization before the effective
date specified in section 7109(a).
(2) Export trading companies.--(A) The functions of the
Secretary of Commerce under the Export Trading Company Act of
1982 (15 U.S.C. 4001-4003), and the Office of Export Trade
established under section 104 of that Act, are abolished.
(B) The functions of the Secretary of Commerce under title
III of the Act of October 8, 1982 (15 U.S.C. 4011 and
following), are transferred to the Secretary of the Treasury.
(C) Conforming amendments.--(i) The Export Trading Company
Act of 1982 (15 U.S.C. 4001-4003) is repealed.
(ii) The section heading for section 301 of the Act of
October 8, 1982 (15 U.S.C. 4011), is amended by striking
``commerce'' and inserting ``treasury''.
(iii) Section 311(7) of the Act of October 8, 1982 (15
U.S.C. 4021), is amended by striking ``Commerce'' and inserting
``Treasury''.
(j) Appointment of Industries Boards.--The President shall appoint
industries boards, composed of representatives of industries in the
private sector, to advise the Secretary of the Treasury and the United
States Trade Representative with respect to functions transferred to
them under this section.
(k) Gifts and Bequests.--
(1) In general.--The Secretary of State, the Secretary of
the Treasury, and the United States Trade Representative are
authorized to accept, hold, administer, and utilize gifts and
bequests of property, both real and personal, for the purpose
of aiding or facilitating the performance of functions
transferred to them under this section and section 7232. Gifts
and bequests of money and the proceeds from sales of other
property received as gifts or bequests shall be deposited in
the United States Treasury in a separate fund and shall be
disbursed on order of the Secretary of State, the Secretary of
the Treasury, or the United States Trade Representative.
Property accepted pursuant to this paragraph, and the proceeds
thereof, shall be used as nearly as possible in accordance with
the terms of the gift or bequest.
(2) Tax treatment.--For the purpose of Federal income,
estate, and gift taxes, and State taxes, property accepted
under subsection (a) shall be considered a gift or bequest to
or for use of the United States.
(3) Investment.--The Secretary of the Treasury may invest
and reinvest in securities of the United States or in
securities guaranteed as to principal and interest by the
United States any moneys contained in the fund provided for in
subsection (a). Income accruing from such securities, and from
any other property held by the Secretary of State, the
Secretary of the Treasury, or the United States Trade
Representative pursuant to subsection (a), shall be deposited
to the credit of the fund, and shall be disbursed upon order of
the Secretary of State, the Secretary of the Treasury, or the
United States Trade Representative.
(l) Information Sharing.--It is the sense of the Congress that any
department or agency of the United States that compiles information on
international economics or trade make that information available to
other departments and agencies performing functions relating to
international trade.
(m) Trade Adjustment Assistance for Firms.--Chapter 3 of title II
of the Trade Act of 1974 (19 U.S.C. 2341 and following) and the items
relating to such chapter in the table of contents for that Act, are
repealed.
SEC. 7235. PATENT AND TRADEMARK OFFICE.
(a) Transfer to Department of Justice.--Effective as of the date
specified in section 7109(a)--
(1) the Patent and Trademark Office shall be transferred to
the Department of Justice; and
(2) all functions which, immediately before such date, are
functions of the Secretary of Commerce under title 35, United
States Code, or any other provision of law with respect to the
functions of the Patent and Trademark Office, are transferred
to the Attorney General.
(b) Funding.--
(1) Costs paid from fees.--All costs of the activities of
the Patent and Trademark Office shall be paid from fees paid to
the Office under title 35, United States Code, the Act of July
5, 1946 (commonly known as the ``Trademark Act of 1946'') (15
U.S.C. 1051 and following), section 10101 of the Omnibus Budget
Reconciliation Act of 1990 (35 U.S.C. 41 note), or other
provision of law.
(2) Funds available without appropriation.--(A) Section
42(c) of title 35, United States Code, is amended by striking
``to carry out, to the extent provided in appropriation Acts,''
and inserting ``, without appropriation, to carry out''.
(B) Section 10101(b)(2)(B) of the Omnibus Budget
Reconciliation Act of 1990 (35 U.S.C. 41 note) is amended by
striking ``to the extent provided in appropriation Acts'' and
inserting ``without appropriation''.
(c) Adjustment of Fees.--Section 41(f) of title 31, United States
Code, is amended to read as follows:
``(f) The Commissioner may adjust the fees established under this
section on October 1 of each year to cover the estimated cost to the
activities of the Office.''.
(d) Service of Incumbents.--Those individuals serving as
Commissioner of Patents and Trademarks, Deputy Commissioner of Patents
and Trademarks, Assistant Commissioner of Patents, and Assistant
Commissioner of Trademarks, immediately before the effective date
specified in section 7109(a), may continue in such office on and after
such effective date until a successor has taken office. Compensation
for any service under this subsection shall be at the rate at which the
individual was compensated immediately before the effective date
specified in section 7109(a).
(e) Rule of Construction.--For purposes of title III, the transfer
of the Patent and Trademark Office to the Department of Justice under
this section shall be treated as if it involved a transfer of functions
from one office to another.
(f) Technical and Conforming Amendments.--
(1) Section 1 of title 35, United States Code, is amended
to read as follows:
``Sec. 1. Establishment
``The Patent and Trademark Office is an agency of the United States
within the Department of Justice, where records, books, drawings,
specifications, and other papers and things pertaining to patents and
trademark registrations shall be kept and preserved, except as
otherwise provided by law.''.
(2) Title 35, United States Code, is amended by striking
``Secretary of Commerce'' each place it appears and inserting
``Attorney General''.
(3) Section 3 of title 35, United States Code, is amended
by striking subsection (d).
(4) Section 5316 of title 5, United States Code, is amended
by striking
``Commissioner of Patents, Department of Commerce.''
and inserting
``Commissioner of Patents and Trademarks.''.
SEC. 7236. TECHNOLOGY ADMINISTRATION.
(a) Technology Administration.--
(1) General rule.--Except as otherwise provided in this
section, the Technology Administration shall be terminated on
the effective date specified in section 7233(a).
(2) Office of technology policy.--The Office of Technology
Policy is hereby terminated.
(b) National Institute of Standards and Technology.--
(1) General rule.--Except as otherwise provided in this
subsection, the National Institute of Standards and Technology
(in this subsection referred to as the ``Institute'') shall be
transferred to the National Science Foundation.
(2) Functions of director.--Except as otherwise provided in
this subsection, upon the transfer under paragraph (1), the
Director of the Institute shall perform all functions relating
to the Institute that, immediately before the effective date
specified in section 7233(a), were functions of the Secretary
of Commerce or the Under Secretary of Commerce for Technology,
including the administration of section 17 of the Stevenson-
Wydler Technology Innovation Act of 1980.
(3) Laboratories.--(A) The laboratories of the Institute
shall be transferred to the Commerce Programs Resolution
Agency.
(B) The Commerce Programs Resolution Agency shall attempt
to sell the property of the laboratories of the Institute,
within 18 months after the effective date specified in section
7233(a), to a private sector entity intending to perform
substantially the same functions as were performed by the
laboratories of the Institute immediately before such effective
date.
(C) If no offer to purchase property under subparagraph (B)
is received within the 18-month period described in such
subparagraph, the Commerce Programs Resolution Agency shall
submit a report to the Congress containing recommendations on
the appropriate disposition of the property and functions of
the laboratories of the Institute.
(c) National Technical Information Service.--
(1) Sale of property.--The Commerce Programs Resolution
Agency shall attempt to sell the property of the National
Technical Information Service, within 18 months after the
effective date specified in section 7233(a), to a private
sector entity intending to perform substantially the same
functions as were performed by the National Technical
Information Service immediately before such effective date.
(2) Recommendations.--If no offer to purchase property
under paragraph (1) is received within the 18-month period
described in such paragraph, the Commerce Programs Resolution
Agency shall submit a report to the Congress containing
recommendations on the appropriate disposition of the property
and functions of the National Technical Information Service.
(3) Funding.--No Federal funds may be appropriated for the
National Technical Information Service for any fiscal year
after fiscal year 1995.
(d) Amendments.--
(1) National institute of standards and technology act.--
The National Institute of Standards and Technology Act (15
U.S.C. 271 et seq.) is amended--
(A) in section 2(b), by striking paragraph (1) and
redesignating paragraphs (2) through (11) as paragraphs
(1) through (10), respectively;
(B) in section 2(d), by striking ``, including the
programs established under sections 25, 26, and 28 of
this Act'';
(C) in section 10, by striking ``Advanced'' in both
the section heading and subsection (a), and inserting
in lieu thereof ``Standards and''; and
(D) by striking sections 24, 25, 26, and 28.
(2) Stevenson-wydler technology innovation act of 1980.--
The Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.) is amended--
(A) in section 3, by striking paragraph (2) and
redesignating paragraphs (3) through (5) as paragraphs
(2) through (4), respectively;
(B) in section 4, by striking paragraphs (1), (4),
and (13) and redesignating paragraphs (2), (3), (5),
(6), (7), (8), (9), (10), (11), and (12) as paragraphs
(1) through (10), respectively;
(C) by striking sections 5, 6, 7, 8, 9, and 10;
(D) in section 11--
(i) by striking ``, the Federal Laboratory
Consortium for Technology Transfer,'' in
subsection (c)(3);
(ii) by striking ``and the Federal
Laboratory Consortium for Technology Transfer''
in subsection (d)(2);
(iii) by striking ``, and refer such
requests'' and all that follows through
``available to the Service'' in subsection
(d)(3); and
(iv) by striking subsection (e); and
(E) in section 17--
(i) by striking ``Subject to paragraph (2),
separate'' and inserting in lieu thereof
``Separate'' in subsection (c)(1);
(ii) by striking paragraph (2) of
subsection (c);
(iii) by redesignating paragraph (3) of
subsection (c) as paragraph (2); and
(iv) by inserting ``administrative'' after
``funds to carry out'' in subsection (f).
SEC. 7237. REORGANIZATION OF THE BUREAU OF THE CENSUS.
(a) In General.--Effective as of the date specified in section
7233(a)--
(1) the Bureau of the Census shall be transferred to the
Department of the Treasury; and
(2) all functions which, immediately before such date, are
functions of the Secretary of Commerce under title 13, United
States Code, shall be transferred to the Secretary of the
Treasury.
(b) Interim Service.--The individual serving as the Director of the
Census immediately before the reorganization under this section takes
effect may continue serving in that capacity until a successor has
taken office. Compensation for any service under this subsection shall
be at the rate at which such individual was compensated immediately
before the effective date of the reorganization.
(c) Sense of the Congress.--It is the sense of the Congress that
the Bureau of the Census should--
(1) make appropriate use of any authority afforded to it by
the Census Address List Improvement Act of 1994 (Public Law
103-430; 108 Stat. 4393), and take measures to ensure the
timely implementation of such Act; and
(2) streamline census questionnaires to promote savings in
the collection and tabulation of data.
(d) Amendments.--Effective as of the date specified in section
7233(a)--
(1) Transfer of the bureau to the department of the
treasury.--(A) Section 2 of title 13, United States Code, is
amended by striking ``is continued as'' through the period and
inserting ``is an agency within, and under the jurisdiction of,
the Department of the Treasury.''.
(B) Subsection (e) of section 12 of the Act of February 14,
1903 (15 U.S.C. 1511(e)) is repealed.
(2) Definition of secretary.--Title 13, United States Code,
is amended in section 1(2) by striking ``Secretary of
Commerce'' and inserting ``Secretary of the Treasury''.
(3) References in title 13, united states code, to the
department of commerce.--Title 13, United States Code, is
amended in sections 4, 9(a), 23(b), 24(e), 44, 103, 132, 211,
213(b)(2), 221, 222, 223, 224, 225(a), and 241 by striking
``Department of Commerce'' each place it appears and inserting
``Department of the Treasury''.
(4) Provisions relating to the secretary of the treasury.--
(A) Section 302 of title 13, United States Code, is amended by
striking the last sentence thereof.
(B) Section 303 of title 13, United States Code, and the
item relating to such section in the analysis for chapter 9 of
such title are repealed.
(C) Section 304(a) of title 13, United States Code, is
amended--
(i) by striking ``Secretary of the Treasury'' each
place it appears and inserting ``Secretary''; and
(ii) by striking ``Secretary of Commerce'' and
inserting ``Secretary''.
(D)(i) Section 401(a) of title 13, United States Code, is
amended by striking ``Secretary of Commerce'' and inserting
``Secretary''.
(ii) Section 8(e) of the Foreign Direct Investment and
International Financial Data Improvements Act of 1990 (22
U.S.C. 3144(e)) is amended by striking ``Secretary of
Commerce'' and inserting ``Secretary of the Treasury''.
(iii) Section 401(a) of title 13, United States Code, is
amended by striking ``Department of Commerce'' and inserting
``Federal Reserve System''.
(5) Compensation for the position of director of the
census.--Section 5315 of title 5, United States Code, as
amended by paragraph (7) of section 7108(e), is further amended
by inserting (in lieu of the item struck by such paragraph) the
following new item:
``Director of the Census, Department of the Treasury.''.
(6) Confidentiality.--Section 9 of title 13, United States
Code, is amended by adding at the end the following:
``(c)(1) Nothing in subsection (a)(3) shall be considered to permit
the disclosure of any matter or information to an officer or employee
of the Department of the Treasury who is not referred to in subchapter
II if, immediately before the date specified in section 7233(a) of the
Department of Commerce Dismantling Act, such disclosure (if then made
by an officer or employee of the Department of Commerce) would have
been impermissible under this section (as then in effect).
``(2) Paragraph (1) shall not apply with respect to any disclosure
made to the Secretary.''.
(e) Rule of Construction.--For purposes of title III, the
reorganization of the Bureau of the Census under this section shall be
treated as if it involved a transfer of functions from one office to
another.
SEC. 7238. REORGANIZATION OF THE BUREAU OF ECONOMIC ANALYSIS.
(a) In General.--Effective as of the date specified in section
7233(a)--
(1) the Bureau of Economic Analysis shall be transferred to
the Federal Reserve System; and
(2) all functions which, immediately before such date, are
functions of the Secretary of Commerce with respect to the
Bureau of Economic Analysis shall be transferred to the
Chairman of the Board of Governors of the Federal Reserve
System.
(b) Interim Service.--The individual serving as the Director of the
Bureau of Economic Analysis immediately before the reorganization under
this section takes effect may continue serving in that capacity until a
successor has taken office. Compensation for any service under this
subsection shall be at the rate at which such individual was
compensated immediately before the effective date of the
reorganization.
(c) Reports.--Not later than 18 months after the date of the
enactment of this Act, the Director of the Bureau of Economic Analysis
shall submit to the Congress a written report on--
(1) the availability of any private sector resources that
may be capable of performing any or all of the functions of the
Bureau of Economic Analysis, and the feasibility of having any
such functions so performed; and
(2) the feasibility of implementing a system under which
fees may be assessed by the Bureau of Economic Analysis in
order to defray the costs of any services performed by the
Bureau of Economic Analysis, when such services are performed
other than on behalf of the Federal Government or an agency or
instrumentality thereof.
(d) Rule of Construction.--For purposes of title III, the
reorganization of the Bureau of Economic Analysis under this section
shall be treated as if it involved a transfer of functions from one
office to another.
SEC. 7239. TERMINATED FUNCTIONS OF NTIA.
The following provisions of law are repealed:
(1) Subpart A of part IV of title III of the Communications
Act of 1934 (47 U.S.C. 390 et seq.), relating to assistance for
public telecommunications facilities.
(2) Subpart B of part IV of title III of the Communications
Act of 1934 (47 U.S.C. 394 et seq.), relating to the Endowment
for Children's Educational Television.
(3) Subpart C of part IV of title III of the Communications
Act of 1934 (47 U.S.C. 395 et seq.), relating to
Telecommunications Demonstration grants.
SEC. 7240. TRANSFER OF SPECTRUM MANAGEMENT FUNCTIONS.
There are transferred to the Chairman of the Federal Communications
Commission all functions of the Secretary of Commerce, the Assistant
Secretary of Commerce for Communications and Information, and the
National Telecommunications and Information Administration under parts
A and B of the National Telecommunication and Information
Administration Organization Act.
SEC. 7241. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Termination of Authority to Make Fisheries Grants.--No
financial assistance may be provided under any of the following laws,
except to the extent the provision of that assistance is a contractual
obligation of the United States on the day before the effective date of
this section:
(1) Section 2 of the Act of August 11, 1939 (15 U.S.C.
713c-3), popularly known as the ``Saltonstall-Kennedy Act''.
(2) Section 1 of the Act of September 2, 1960 (16 U.S.C.
753a).
(3) The Antarctic Marine Living Resources Convention Act of
1984 (16 U.S.C. 2431 et seq.).
(4) The Anadromous Fish Conservation Act (16 U.S.C. 757a et
seq.).
(5) Provisions of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Department of
Commerce Appropriation Act of 1994 that authorize assistance to
State fishery agencies to enhance their data collection and
analysis systems to respond to coastwise fisheries management
needs.
(6) The Interjurisdictional Fisheries Act of 1986 (16
U.S.C. 4101 et seq.).
(7) Provisions of the Fish and Wildlife Act of 1956 and the
Department of Commerce Appropriation Act of 1994 that authorize
assistance to States for a cooperative State and Federal
partnership to provide a continuing source of fisheries
statistics to support fisheries management in the States'
territorial waters and the United States exclusive economic
zone.
(8) Provisions of the Fish and Wildlife Act of 1956 and the
Department of Commerce Appropriation Act of 1994 that authorize
assistance to States for a cooperative program which engages
State and
Federal agencies in the coordinated collection, management,
and dissemination of fishery-independent information on marine
fisheries in support of State territorial waters and the United States
exclusive economic zone fisheries management programs.
(9) Provisions of the Act of May 11, 1938 (16 U.S.C. 756-
757), popularly known as the Mitchell Act, and the Department
of Commerce Appropriation Act of 1994 that authorize assistance
to State fisheries agencies in the Pacific Northwest to protect
and enhance salmon and steelhead resources in the region.
(10) Provisions of the Pacific Salmon Treaty Act of 1985
(16 U.S.C. 3631-3644) and the Department of Commerce
Appropriation Act of 1994 that authorize assistance to States
in fulfilling responsibilities under the Pacific Salmon Treaty
by providing administrative, management, and applied research
support to the States to meet the needs of the Pacific Salmon
Commission and international commitments under the treaty.
(11) Provisions of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1371-1384) and the Department of Commerce
Appropriation Act of 1994 which authorize assistance to State
agencies for the collection and analysis of information on
marine mammals that occur in the State waters and interact with
State managed fisheries.
(12) Provisions of the Pacific Salmon Treaty Act of 1985
(16 U.S.C. 3631-3644) and the Department of Commerce
Appropriation Act of 1994 that--
(A) authorize assistance to States to assist in
fulfilling Federal responsibilities under the Pacific
Salmon Treaty by restoring Southeast Alaska salmon
harvests limited by the treaty and by restoring salmon
stocks as quickly as possible; and
(B) help implement a 1989 ``Understanding between
the United States and Canadian Sections of the Pacific
Salmon Commission Concerning Joint Enhancement of
Transboundary River Salmon Stocks''.
(b) Termination of Fisheries Trade Promotion Program.--Section 211
of the Act of December 22, 1989 (15 U.S.C. 1511b) is repealed.
(c) Conforming Amendment To Terminate Fisheries Promotion and
Development Transfers and Funds.--Section 2(b) of the Act of August 11,
1939 (15 U.S.C. 713c-3), popularly known as the ``Saltonstall-Kennedy
Act'', is repealed. Amounts remaining, on the effective date of this
section, in the funds established under that section that are not
required for the provision of financial assistance that is not
otherwise terminated by this section shall revert to the general fund
of the Treasury.
(d) Termination of Authority To Guarantee Obligations for Fishing
Vessel and Fishing Facility Construction, Etc.--No new guarantee of an
obligation or commitment to guarantee an obligation under title XI of
the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) may be made
under authority that was vested in the Secretary of Commerce on the day
before the effective date of this section (relating to obligations for
fishing vessels or fishing facilities), except to the extent the making
of such a guarantee was a contractual obligation of the United States
on the day before that effective date.
(e) Termination of Compensation Under Fishermen's Protective Act of
1967.--No compensation may be paid under section 10 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1980), relating to compensation for
damage, loss, or destruction of fishing vessels or fishing gear, except
to the extent the compensation was awarded before the effective date of
this section.
(f) Termination of Compensation to Fishermen Under Outer
Continental Shelf Lands Act Amendments of 1978.--No compensation may be
paid under title IV of the Outer Continental Shelf Lands Act Amendments
of 1978 (43 U.S.C. 1841 et seq.), except to the extent the compensation
was awarded before the effective date of this section.
(g) Termination of Miscellaneous Research Functions.--The following
functions, as vested in personnel of the National Oceanic and
Atmospheric Administration on the day before the effective date of this
section, are terminated:
(1) All observation and prediction functions relating to
pollution research.
(2) All functions relating to estuarine and coastal
assessment research.
(h) Termination of NOAA Corps.--
(1) Termination.--The National Oceanic and Atmospheric
Administration Corps is terminated, and the assets thereof
shall be transferred to the Commerce Programs Resolution
Agency.
(2) Disposition of assets.--The Administrator of the
Commerce Programs Resolution Agency shall attempt to sell the
assets of the National Oceanic and Atmospheric Administration
Corps, within 18 months after the effective date specified in
section 7233(a), to a private sector entity intending to
perform substantially the same functions as were performed by
the National Oceanic and Atmospheric Administration Corps
immediately before such effective date.
(3) Report.--If no offer to purchase assets under paragraph
(2) is received within the 18-month period described in such
paragraph, the Commerce Programs Resolution Agency shall submit
a report to the Congress containing recommendations on the
appropriate disposition of the assets and functions of the
National Oceanic and Atmospheric Administration Corps.
(i) Disposal of NOAA Fleet.--The Secretary of the Interior--
(1) shall cease modernization of the National Oceanic and
Atmospheric Administration fleet of vessels and terminate all
new construction for that fleet;
(2) shall promptly dispose of all assets comprising the
National Oceanic and Atmospheric Administration fleet; and
(3) may not purchase any vessels for the National Oceanic
and Atmospheric Administration.
(j) Office of Oceanic and Atmospheric Research.--(1) Except as
otherwise provided in paragraph (2) or (3), the Office of Oceanic and
Atmospheric Research shall be terminated.
(2) Functions relating to weather research of the Office of Oceanic
and Atmospheric Research shall be transferred to the National Weather
Service.
(3)(A) The laboratories of the Office of Oceanic and Atmospheric
Research shall be transferred to the Commerce Programs Resolution
Agency.
(B) The Commerce Programs Resolution Agency shall attempt to sell
the property of the laboratories of the Office of Oceanic and
Atmospheric Research, within 18 months after the effective date
specified in section 7233(a), to a private sector entity intending to
perform substantially the same functions as were performed by the
laboratories of the Office of Oceanic and Atmospheric Research
immediately before such effective date.
(C) If no offer to purchase property under subparagraph (B) is
received within the 18-month period described in such subparagraph, the
Commerce Programs Resolution Agency shall transfer the remaining
laboratories to the Department of the Interior, which shall submit a
report to the Congress containing recommendations on the appropriate
disposition of the property and functions of such laboratories.
(k) Nautical and Aeronautical Charting.--(1) The nautical and
aeronautical charting functions of the National Oceanic and Atmospheric
Administration shall be transferred to the Defense Mapping Agency.
(2) The Defense Mapping Agency shall terminate any functions
transferred to it under paragraph (1) that are performed by the private
sector.
(l) NESDIS.--(1)(A) The National Environmental Satellite, Data, and
Information System Data Centers shall be transferred to the Commerce
Programs Resolution Agency.
(B) The Commerce Programs Resolution Agency shall attempt to sell
the property of the National Environmental Satellite, Data, and
Information System Data Centers, within 18 months after the effective
date specified in section 7233(a), to a private sector entity intending
to perform substantially the same functions as were performed by the
National Environmental Satellite, Data, and Information System Data
Centers immediately before such effective date.
(C) If no offer to purchase property under subparagraph (B) is
received within the 18-month period described in such subparagraph, the
Commerce Programs Resolution Agency shall submit a report to the
Congress containing recommendations on the appropriate disposition of
the property and functions of the National Environmental Satellite,
Data, and Information System Data Centers.
(2) Functions related to weather satellites of the National
Environmental Satellite, Data, and Information System shall be
transferred to the National Weather Service.
(m) National Weather Service.--(1) The National Weather Service is
hereby transferred to the Department of the Interior.
(2)(A) The National Weather Service shall terminate its specialized
agricultural, Marine Radiofax, and forestry weather services, and its
Regional Climate Centers.
(B) The National Weather Service may terminate any other
specialized weather services not required by law to be performed.
(n) National Marine Fisheries Service.--
(1) Transfer of enforcement functions.--There are
transferred to the Secretary of Transportation all functions
relating to law enforcement that on the day before the
effective date of this section were authorized to be performed
by the National Marine Fisheries Service.
(2) Transfer of science functions.----There are transferred
to the Director of the United States Fish and Wildlife Service
all functions relating to science that on the day before the
effective date of this section were authorized to be performed
by the National Marine Fisheries Service.
(3) Transfer of seafood inspection functions.--There are
transferred to the Secretary of Agriculture all functions
relating to seafood inspection that on the day before the
effective date of this section were authorized to be performed
by the National Marine Fisheries Service.
(o) National Ocean Service.--
(1) Transfer of geodesy functions.--There are transferred
to the Director of the United States Geological Survey all
functions relating to geodesy that on the day before the
effective date of this section were authorized to be performed
by the National Ocean Service.
(2) Transfer of marine and estuarine sanctuary functions.--
There are transferred to the Secretary of the Interior all
functions relating to marine and estuarine sanctuaries that on
the day before the effective date of this section were
authorized to be performed by the National Ocean Service.
(p) Environmental Research Laboratories.--
(1) Transfer.--The environmental research laboratories of
the National Oceanic and Atmospheric Administration (other than
laboratories of the Office of Oceanic and Atmospheric Research,
referred to in subsection (j)) shall be transferred to the
Commerce Programs Resolution Agency.
(2) Disposal.--The Commerce Programs Resolution Agency
shall attempt to sell the property of the laboratories
transferred under paragraph (1), within 18 months after the
effective date specified in section 7233(a), to a private
sector entity intending to perform substantially the same
functions as were performed by the laboratories before such
effective date.
(3) Report.--If no offer to purchase property under
paragraph (2) is received within the 18-month period described
in such paragraph, the Commerce Programs Resolution Agency
shall submit a report to the Congress containing
recommendations on the appropriate disposition of the property
and functions of the laboratories transferred under paragraph
(1).
SEC. 7242. MISCELLANEOUS ABOLISHMENTS.
The following agencies and programs of the Department of Commerce
are abolished, and the functions of those agencies or programs are
abolished except to the extent otherwise provided in this title:
(1) The Economic Development Administration.
(2) The Minority Business Development Administration.
(3) The United States Travel and Tourism Administration.
(4) The National Telecommunications and Information
Administration.
(5) The Advanced Technology Program under section 28 of the
National Institute of Standards and Technology Act (15 U.S.C.
278n).
(6) The Manufacturing Extension Programs under sections 25
and 26 of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l).
SEC. 7243. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
shall take effect on the effective date specified in section 7109(a).
(b) Provisions Effective on Date of Enactment.--The following
provisions of this chapter shall take effect on the date of the
enactment of this Act:
(1) Section 7201.
(2) Section 7206 (a)(2) and (d).
(3) Section 7232.
SEC. 7244. SENSE OF CONGRESS REGARDING USER FEES.
It is the sense of the Congress that the head of each agency that
performs a function vested in the agency by this title should, wherever
feasible, explore and implement user fees for the provision of services
in the performance of that function, to offset operating costs.
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 7251. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to an office from which a function is transferred by this
title--
(1) to the Secretary of Commerce or an officer of the
Department of Commerce, is deemed to refer to the head of the
department or office to which such function is transferred; or
(2) to the Department of Commerce or an agency in the
Department of Commerce is deemed to refer to the department or
office to which such function is transferred.
SEC. 7252. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a
function is transferred by this title may, for purposes of performing
the function, exercise all authorities under any other provision of law
that were available with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the function
under this title.
SEC. 7253. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Secretary of Commerce,
any officer or employee of any office transferred by this
title, or any other Government official, or by a court of
competent jurisdiction, in the performance of any function that
is transferred by this title, and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to their
terms as in effect on such effective date),
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.
(b) Proceedings.--This title shall not affect any proceedings or
any application for any benefits, service, license, permit,
certificate, or financial assistance pending on the date of the
enactment of this Act before an office transferred by this title, but
such proceedings and applications shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this title had
not been enacted, and orders issued in any such proceeding shall
continue in effect until modified, terminated, superseded, or revoked
by a duly authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this subsection 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 title had
not been enacted.
(c) Suits.--This title shall not affect suits commenced before the
date of the enactment of this Act, and in all such suits, proceeding
shall be had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this title had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Commerce or the Secretary of
Commerce, or by or against any individual in the official capacity of
such individual as an officer or employee of an office transferred by
this title, shall abate by reason of the enactment of this title.
(e) Continuance of Suits.--If any officer of the Department of
Commerce or the Commerce Programs Resolution Agency in the official
capacity of such officer is party to a suit with respect to a function
of the officer, and under this title such function is transferred to
any other officer or office, then such suit shall be continued with the
other officer or the head of such other office, as applicable,
substituted or added as a party.
SEC. 7254. TRANSFER OF ASSETS.
Except as otherwise provided in this title, so much of the
personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used, held,
available, or to be made available in connection with a function
transferred to an official or agency by this title shall be available
to the official or the head of that agency, respectively, at such time
or times as the Director of the Office of Management and Budget directs
for use in connection with the functions transferred.
SEC. 7255. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or otherwise
provided in this title, an official to whom functions are transferred
under this title (including the head of any office to which functions
are transferred under this title) may delegate any of the functions so
transferred to such officers and employees of the office of the
official as the official may designate, and may authorize successive
redelegations of such functions as may be necessary or appropriate. No
delegation of functions under this section or under any other provision
of this title shall relieve the official to whom a function is
transferred under this title of responsibility for the administration
of the function.
SEC. 7256. AUTHORITY OF ADMINISTRATOR WITH RESPECT TO FUNCTIONS
TRANSFERRED.
(a) Determinations.--If necessary, the Administrator shall make any
determination of the functions that are transferred under this title.
(b) Incidental Transfers.--The Administrator, at such time or times
as the Administrator shall provide, may make such determinations as may
be necessary with regard to the functions transferred by this title,
and to 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, as may be necessary to
carry out the provisions of this title. The Administrator shall provide
for the termination of the affairs of all entities terminated by this
title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
SEC. 7257. PROPOSED CHANGES IN LAW.
Not later than one year after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall submit
to the Congress a description of any changes in Federal law necessary
to reflect abolishments, transfers, terminations, and disposals under
this title.
SEC. 7258. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.
For purposes of this title, the vesting of a function in a
department or office pursuant to reestablishment of an office shall be
considered to be the transfer of the function.
SEC. 7259. DEFINITIONS.
For purposes of this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Commerce Programs Resolution Agency.
(2) Agency.--The term ``Agency'' means the Commerce
Programs Resolution Agency.
(3) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(4) Office.--The term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
(5) Wind-up period.--The term ``wind-up period'' means the
period beginning on the effective date specified in section
109(a) and ending on the termination date specified in section
106(d).
SEC. 7260. LIMITATION ON ANNUAL EXPENDITURES FOR CONTINUED FUNCTIONS.
The amount expended by the United States each fiscal year for
performance of a function which immediately before the effective date
of this section was authorized to be performed by an agency, officer,
or employee of the Department of Commerce may not exceed 75 percent of
the total amount expended by the United States for performance of that
function during fiscal year 1994.
Subtitle D--Banking and Insurance Reforms
CHAPTER 1--BANKING EXAMINATION FEES
SEC. 7301. BANK EXAMINATION FEES.
(a) FDIC Examination Fees.--Section 10(e)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1820(e)(1)) is amended to read as follows:
``(1) In general.--
``(A) Regulatory examinations.--The cost of
conducting any examination under subsection (b)(2) of
an insured depository institution described in
subparagraph (A) of such subsection shall be assessed
by the Corporation against the institution in an amount
sufficient to meet the Corporation's expenses in
carrying out the examination.
``(B) Insurance examinations.--The cost of
conducting any examination of a depository institution
under subsection (b)(2) or (b)(3), other than an
examination to which subparagraph (A) applies, may be
assessed by the Corporation against the institution to
meet the Corporation's expenses in carrying out the
examination.''.
(b) Federal Reserve Board Examination Fees.--The 2d sentence of the
8th undesignated paragraph of section 9 of the Federal Reserve Act (12
U.S.C. 326) is amended--
(1) by striking ``may, in the discretion of the Board of
Governors of the Federal Reserve System, be assessed'' and
inserting ``shall be assessed''; and
(2) by striking ``and, when so assessed, shall be paid''
and inserting ``and shall be paid''.
(c) Technical and Conforming Amendment.--Section 10(b)(2) of the
Federal Deposit Insurance Act (12 U.S.C. 1820(b)(2)) is amended by
inserting ``an examination is required under subsection (d)(1) or''
after ``whenever''.
Subchapter A--Federal Banking Agency
SEC. 7311. ESTABLISHMENT.
(a) In General.--There is hereby established an agency to be known
as the Federal Banking Agency (hereafter in this chapter referred to as
the ``Agency'') as an independent establishment in the executive
branch.
(b) Insured Depository Institution Defined.--For purposes of this
chapter, the term ``insured depository institution'' has the meaning
given to such term in section 3(c) of the Federal Deposit Insurance
Act.
SEC. 7312. MANAGEMENT.
(a) Board of Directors.--
(1) In general.--The Agency shall be under the management
of a board of directors (hereafter in this chapter referred to
as the ``Board'') composed of 7 members--
(A) 1 of whom shall be the Secretary of the
Treasury;
(B) 1 of whom shall be the Chairman of the Board of
Governors of the Federal Reserve System;
(C) 1 of whom shall be the Chairperson of the Board
of Directors of the Federal Deposit Insurance
Corporation; and
(D) 4 of whom shall be appointed by the President,
by and with the advice and consent of the Senate.
(2) Political affiliation.--Not more than 2 members of the
Board appointed under paragraph (1)(D) may be members of the
same political party.
(b) Chairperson and Vice Chairperson.--
(1) Chairperson.--1 of the members of the Board appointed
under subsection (a)(1)(D) shall be designated by the
President, by and with the advice and consent of the Senate, to
serve as Chairperson of the Board.
(2) Vice chairperson.--1 of the members of the Board
appointed under subsection (a)(1)(D) shall be designated by the
President, by and with the advice and consent of the Senate, to
serve as Vice Chairperson of the Board.
(3) Acting chairperson.--In the event of a vacancy in the
position of Chairperson of the Board, or during the absence or
disability of the Chairperson, the Vice Chairperson shall act
as Chairperson.
(c) Terms.--
(1) 5-year terms.--Except as provided in paragraph (4),
each member appointed under subsection (a)(1)(D) shall be
appointed for a term of 5 years.
(2) Interim appointments.--Any member appointed to fill a
vacancy occurring before the end of the term to which such
member's predecessor was appointed shall be appointed only for
the remainder of such term.
(3) Continuation of service.--Any member may continue to
serve after the expiration of the term of office to which such
member was appointed until a successor has been appointed and
qualified.
(4) Staggered for 1st appointees.--Of the members first
appointed to the Board under subsection (a)(1)(D)--
(A) 1 shall be appointed for a term of 5 years;
(B) 1 shall be appointed for a term of 4 years;
(C) 1 shall be appointed for a term of 3 years; and
(D) 1 shall be appointed for a term of 2 years,
as designated by the President at the time of the appointment.
(d) Vacancy.--Any vacancy on the Board shall be filled in the
manner in which the original appointment was made.
(e) Ineligibility for Other Offices.--
(1) Restrictions on employment by depository
institutions.--No member of the Board may hold any office,
position, or employment in any insured depository institution
or any affiliate (as defined in section 2(k) of the Bank
Holding Company Act of 1956) of an insured depository
institution during--
(A) the time such member is in office; and
(B) the 2-year period beginning on the date such
member ceases to serve on the Board.
(2) Other restrictions during service as member.--No member
of the Board may--
(A) be an officer or director of any Federal
reserve bank or Federal home loan bank; or
(B) hold any stock in any insured depository
institution or any affiliate (as defined in section
2(k) of the Bank Holding Company Act of 1956) of an
insured depository institution.
(3) Certification.--Upon taking office, each member of the
Board shall file a certification under oath with the secretary
of the Board that such member has complied with the
requirements of this subsection.
SEC. 7313. POWERS AND DUTIES.
(a) Regulation of National Banks.--
(1) Transfer to agency.--All functions of the Comptroller
of the Currency are hereby transferred to the Agency.
(2) Agency powers.--The Agency shall have all powers,
duties, and authority which, before the date of the enactment
of this Act, were vested in the Comptroller of the Currency
under the following provisions of law to the extent such
provisions apply to national banks or the office, officers, or
employees of the Comptroller of the Currency:
(A) Chapter nine of title VII and title LXII of the
Revised Statutes.
(B) The Bank Conservation Act.
(C) The Federal Deposit Insurance Act.
(D) The National Bank Receivership Act.
(E) The Act entitled ``An Act additional to the Act
entitled `An Act to provide a national currency secured
by a pledge of United States bonds and to provide for
the circulation and redemption thereof,' passed June
third, eighteen hundred and sixty four.'' and approved
March 29, 1886.
(F) The Act entitled ``An Act to provide for the
conversion of national banking associations into and
their merger or consolidation with State banks, and for
other purposes.'' and approved August 17, 1950.
(G) The National Bank Consolidation and Merger Act.
(H) The International Banking Act of 1978.
(I) The Farm Credit Act of 1971.
(J) Any title of the Consumer Credit Protection
Act.
(K) The Bank Protection Act of 1968.
(L) The Home Mortgage Disclosure Act of 1975.
(M) The Community Reinvestment Act of 1977.
(N) The Depository Institution Management
Interlocks Act.
(O) Sections 2, 4, 19(h), 22(g), 24(a), 24A, 25,
25A, and 29 of the Federal Reserve Act.
(P) The Bank Service Corporation Act.
(Q) The Federal Financial Institutions Examination
Council Act of 1978.
(R) The Right to Financial Privacy Act of 1978.
(S) The Alternative Mortgage Transaction Parity Act
of 1982.
(T) The International Lending Supervision Act of
1983.
(U) The Expedited Funds Availability Act.
(V) The Financial Institutions Reform, Recovery,
and Enforcement Act of 1989.
(W) The Federal Deposit Insurance Corporation
Improvement Act of 1991.
(X) The Riegle-Neal Interstate Banking and
Branching Efficiency Act of 1994.
(Y) The Riegle Community Development and Regulatory
Improvement Act of 1994.
(Z) The Truth in Savings Act.
(b) Regulation of Member Banks, Bank Holding Companies and
Affiliates, and Various International Banking Entities.--
(1) Transfer to agency.--All functions of the Board of
Governors of the Federal Reserve System (and any Federal
reserve bank) relating to--
(A) the supervision and regulation of banks which
are members of the Federal Reserve System;
(B) the supervision and regulation of bank holding
companies and any subsidiary or affiliate of a bank
holding company which is not a depository institution;
(C) the supervision and regulation of companies
operating under section 25 or 25A of the Federal
Reserve Act or the International Banking Act of 1978;
(D) the supervision and regulation of any company
which is subject to supervision and regulation by the
Board of Governors under any title of the Consumer
Protection Act; and
(E) the supervision and regulation of any foreign
bank, any branch or agency of a foreign bank, and any
commercial lending company controlled by a foreign
bank,
are hereby transferred to the Agency.
(2) Agency powers.--The Agency shall have all powers,
duties, and authority which, before the date of the enactment
of this Act, were vested in the Board of Governors of the
Federal Reserve System under the following provisions of law to
the extent such provisions apply to banks or other companies
described in any subparagraph of paragraph (1):
(A) Sections 6 (other than the 1st and 2d
paragraphs), 9, 19(h), 22(g), 22(h), 23A, 23B, 24(a),
24A, 25, 25A, and 29 of the Federal Reserve Act.
(B) The Bank Holding Company Act of 1956.
(C) The Bank Holding Company Act Amendments of
1970.
(D) The International Banking Act of 1978.
(E) Sections 20, 31, and 32 of the National Banking
Act of 1933.
(F) The Federal Deposit Insurance Act.
(G) Any title of the Consumer Credit Protection
Act.
(H) The Bank Protection Act of 1968.
(I) The Home Mortgage Disclosure Act of 1975.
(J) The Community Reinvestment Act of 1977.
(K) The Depository Institution Management
Interlocks Act.
(L) The Bank Service Corporation Act.
(M) The Federal Financial Institutions Examination
Council Act of 1978.
(N) The Right to Financial Privacy Act of 1978.
(O) The Alternative Mortgage Transaction Parity Act
of 1982.
(P) The International Lending Supervision Act of
1983.
(Q) The Expedited Funds Availability Act.
(R) The Financial Institutions Reform, Recovery,
and Enforcement Act of 1989.
(S) The Federal Deposit Insurance Corporation
Improvement Act of 1991.
(T) The Riegle-Neal Interstate Banking and
Branching Efficiency Act of 1994.
(U) The Riegle Community Development and Regulatory
Improvement Act of 1994.
(V) The Truth in Savings Act.
(c) Regulation of Savings Associations and Savings and Loan Holding
Companies.--
(1) Transfer to agency.--All functions of the Director of
the Office of Thrift Supervision are hereby transferred to the
Agency.
(2) Agency powers.--The Agency shall have all powers,
duties, and authority which, before the date of the enactment
of this Act, were vested in the Director of the Office of
Thrift Supervision under the following provisions of law to the
extent such provisions apply to savings associations, savings
and loan holding companies, or the office, officers, or
employees of the Director:
(A) The Home Owners' Loan Act.
(B) The Federal Deposit Insurance Act.
(C) Any title of the Consumer Credit Protection
Act.
(D) The Bank Protection Act of 1968.
(E) The Home Mortgage Disclosure Act of 1975.
(F) The Community Reinvestment Act of 1977.
(G) The Depository Institution Management
Interlocks Act.
(H) The Bank Service Corporation Act.
(I) The Federal Financial Institutions Examination
Council Act of 1978.
(J) The Right to Financial Privacy Act of 1978.
(K) The Alternative Mortgage Transaction Parity Act
of 1982.
(L) The Expedited Funds Availability Act.
(M) The Financial Institutions Reform, Recovery,
and Enforcement Act of 1989.
(N) The Federal Deposit Insurance Corporation
Improvement Act of 1991.
(O) The Resolution Trust Corporation Refinancing,
Restructuring, and Improvement Act of 1991.
(P) The Riegle-Neal Interstate Banking and
Branching Efficiency Act of 1994.
(Q) The Riegle Community Development and Regulatory
Improvement Act of 1994.
(R) The Truth in Savings Act.
(d) Regulation of State Nonmember Banks.--
(1) Transfer to agency.--All functions of the Federal
Deposit Insurance Corporation relating to the supervision and
regulation of State nonmember banks, including savings banks,
(other than insurance, conservatorship, or receivership
functions) and foreign banks with insured branches (as defined
in section 3(s)(3) of the Federal Deposit Insurance Act) are
hereby transferred to the Agency.
(2) Agency powers.--The Agency shall have all powers,
duties, and authority which, before the date of the enactment
of this Act, were vested in the Federal Deposit Insurance
Corporation or in the Board of Directors of such Corporation
under the following provisions of law:
(A) Sections 7(a), 20, 21, 22, 27, 30(c), 32, 33,
34, 35, 36, 37, 38, 39, 42, and 44, subsections (b)
through (n), (r), (s), (u), and (v) of section 8,
subsections (b)(2)(A), (c), (d), and (e) of section 10,
subsections (c) (other than paragraph (1)), (d), (g),
(i), (j), (l), (o), and (p) of section 18 of the
Federal Deposit Insurance Act.
(B) Any title of the Consumer Credit Protection
Act.
(C) The Depository Institution Management
Interlocks Act.
(D) The Federal Financial Institutions Examination
Council Act of 1978.
(E) The Home Mortgage Disclosure Act of 1975.
(F) The Right to Financial Privacy Act of 1978.
(G) The Alternative Mortgage Transaction Parity Act
of 1982.
(H) The Bank Service Corporation Act.
(I) The Expedited Funds Availability Act.
(J) The Financial Institutions Reform, Recovery,
and Enforcement Act of 1989.
(K) The Community Reinvestment Act of 1977.
(L) The Federal Deposit Insurance Corporation
Improvement Act of 1991.
(M) The Riegle-Neal Interstate Banking and
Branching Efficiency Act of 1994.
(N) The Riegle Community Development and Regulatory
Improvement Act of 1994.
(O) The Truth in Savings Act.
(e) Regulation of Credit Unions.--
(1) Transfer to agency.--All functions of the National
Credit Union Administration relating to the supervision and
regulation of credit unions, including the National Credit
Union Administration Central Liquidity Facility and the
Community Development Credit Union Revolving Loan Fund, (other
than insurance, conservatorship, or liquidating agency
functions) are hereby transferred to the Agency.
(2) Agency powers.--The Agency shall have all powers,
duties, and authority which, before the date of the enactment
of this Act, were vested in the National Credit Union
Administration or the National Credit Union Administration
Board under the following provisions of law:
(A) The Federal Credit Union Act.
(B) The Community Development Credit Union
Revolving Loan Fund Transfer Act.
(C) Any title of the Consumer Credit Protection
Act.
(D) The Expedited Funds Availability Act.
(E) The Federal Financial Institutions Examination
Council Act of 1978.
(F) The Right to Financial Privacy Act of 1978.
(G) The Truth in Savings Act.
(f) Regulations and Orders.--In addition to any authority under any
Act referred to in subsection (a), (b), (c), (d), or (e), the Agency
may prescribe such regulations and issue such orders as the Agency may
determine to be appropriate to carry out the purposes of this chapter
and the powers and duties of the Agency under this chapter and any Act
referred to in any such subsection.
SEC. 7314. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO TRANSFERS OF
FUNCTIONS.
(a) Appropriate Federal Banking Agency Redefined.--Section 3(q) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(q)) is amended to
read as follows:
``(q) Appropriate Federal Banking Agency.--The term `appropriate
Federal banking agency' means the Federal Banking Agency.''.
(b) Members of FDIC Board.--Section 2(a)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1812(a)(1)) is amended--
(1) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively;
(2) in subparagraph (A) (as so redesignated by paragraph
(1)), by striking ``Director of the Office of Thrift
Supervision'' and inserting ``Chairperson of the Federal
Banking Agency''; and
(3) in subparagraph (B) (as so redesignated by paragraph
(1)), by striking ``3'' and inserting ``4''.
Subchapter B--Abolition of Federal Banking Agencies
SEC. 7321. OFFICE OF COMPTROLLER OF THE CURRENCY AND POSITION OF
COMPTROLLER OF THE CURRENCY ABOLISHED.
(a) In General.--Effective at the end of the 180-day period
beginning on the date of the enactment of this Act, the Office of the
Comptroller of the Currency and the position of Comptroller of the
Currency are hereby abolished.
(b) Technical and Conforming Amendments.--
(1) Chapter nine of title VII of the Revised Statutes is
amended by striking sections 324, 325, and 326.
(2) Subchapter I of chapter 3 of title 31, United States
Code, is amended by striking section 307.
SEC. 7322. OFFICE OF THRIFT SUPERVISION AND POSITION OF DIRECTOR OF THE
OFFICE OF THRIFT SUPERVISION ABOLISHED.
(a) In General.--Effective at the end of the 180-day period
beginning on the date of the enactment of this Act, the Office of
Thrift Supervision and the position of Director of the Office of Thrift
Supervision are hereby abolished.
(b) Technical and Conforming Amendments.--
(1) Section 3 of the Home Owners' Loan Act (12 U.S.C.
1462a) is amended by striking subsections (a) and (b).
(2) Subchapter I of chapter 3 of title 31, United States
Code, is amended by striking section 309.
SEC. 7323. SAVINGS PROVISIONS.
(a) Savings Provisions Relating to the Comptroller of the
Currency.--
(1) Existing rights, duties, and obligations not
affected.--Section 7313(a)(1) shall not affect the validity of
any right, duty, or obligation of the United States, the
Comptroller of the Currency, the Office of the Comptroller of
the Currency, or any other person, which--
(A) arises under or pursuant to any provision of
law referred to in section 7313(a)(2); and
(B) existed on the day before the date of the
enactment of this Act.
(2) Continuation of suits.--No action or other proceeding
commenced by or against the Comptroller of the Currency or the
Office of the Comptroller of the Currency shall abate by reason
of the enactment of this chapter, except that the Federal
Banking Agency shall be substituted for the Comptroller or
Office as a party to any such action or proceeding.
(b) Savings Provisions Relating to the Board of Governors of the
Federal Reserve System.--
(1) Existing rights, duties, and obligations not
affected.--Section 7313(b)(1) shall not affect the validity of
any right, duty, or obligation of the United States, the Board
of Governors of the Federal Reserve System, or any other
person, which--
(A) arises under or pursuant to any provision of
law referred to in section 7313(b)(2); and
(B) existed on the day before the date of the
enactment of this Act.
(2) Continuation of suits.--No action or other proceeding
commenced by or against the Board of Governors of the Federal
Reserve System with respect to any function transferred to the
Federal Banking Agency shall abate by reason of the enactment
of this chapter, except that the Federal Banking Agency shall
be substituted for the Board of Governors as a party to any
such action or proceeding.
(c) Savings Provisions Relating to the Director of the Office of
Thrift Supervision.--
(1) Existing rights, duties, and obligations not
affected.--Section 7313(c)(1) shall not affect the validity of
any right, duty, or obligation of the United States, the
Director of the Office of Thrift Supervision, the Office of
Thrift Supervision, or any other person, which--
(A) arises under or pursuant to any provision of
law referred to in section 7313(c)(2); and
(B) existed on the day before the date of the
enactment of this Act.
(2) Continuation of suits.--No action or other proceeding
commenced by or against the Director of the Office of Thrift
Supervision or the Office of Thrift Supervision shall abate by
reason of the enactment of this chapter, except that the
Federal Banking Agency shall be substituted for the Director or
Office as a party to any such action or proceeding.
(d) Savings Provisions Relating to the Federal Deposit Insurance
Corporation.--
(1) Existing rights, duties, and obligations not
affected.--Section 7313(d)(1) shall not affect the validity of
any right, duty, or obligation of the United States, the
Federal Deposit Insurance Corporation, the Board of Directors
of such Corporation, or any other person, which--
(A) arises under or pursuant to any provision of
law referred to in section 7313(d)(2); and
(B) existed on the day before the date of the
enactment of this Act.
(2) Continuation of suits.--No action or other proceeding
commenced by or against the Federal Deposit Insurance
Corporation or the Board of Directors of such Corporation with
respect to any function transferred to the Federal Banking
Agency shall abate by reason of the enactment of this chapter,
except that the Federal Banking Agency may be substituted for
the Corporation or Board of Directors, as the case may be, as a
party to any such action or proceeding.
(e) Savings Provisions Relating to the National Credit Union
Administration.--
(1) Existing rights, duties, and obligations not
affected.--Section 7313(e)(1) shall not affect the validity of
any right, duty, or obligation of the United States, the
National Credit Union Administration, the National Credit Union
Administration Board, or any other person, which--
(A) arises under or pursuant to any provision of
law referred to in section 7313(e)(2); and
(B) existed on the day before the date of the
enactment of this Act.
(2) Continuation of suits.--No action or other proceeding
commenced by or against the National Credit Union
Administration or the National Credit Union Administration
Board with respect to any function transferred to the Federal
Banking Agency shall abate by reason of the enactment of this
chapter, except that the Federal Banking Agency may be
substituted for the Administration or the Board, as the case
may be, as a party to any such action or proceeding.
(f) Continuation of Orders, Resolutions, Determinations, and
Regulations.--All orders, resolutions, determinations, and regulations,
which--
(1) have been issued, made, prescribed, or allowed to
become effective by the Director of the Office of Thrift
Supervision, the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the Board of Governors of the
Federal Reserve System, or the National Credit Union
Administration (including orders, resolutions, determinations,
and regulations which relate to the conduct of
conservatorships, receiverships, or liquidating agents), or by
a court of competent jurisdiction, in the performance of
functions which are transferred by this chapter; and
(2) are in effect on the date this Act takes effect (or
become effective after such date pursuant to the terms of the
order, resolution, determination or regulation, as in effect on
such date),
shall continue in effect according to the terms of such orders,
resolutions, determinations, and regulations and shall be enforceable
by or against the Federal Banking Agency until modified, terminated,
set aside, or superseded in accordance with applicable law by the
Agency, by any court of competent jurisdiction, or by operation of law.
SEC. 7324. REFERENCES IN FEDERAL LAW TO FEDERAL BANKING AGENCIES.
(a) Comptroller of the Currency and Director of the Office of
Thrift Supervision.--Any reference in any Federal law to the
Comptroller of the Currency, the Office of the Comptroller of the
Currency, the Director of the Office of Thrift Supervision, or the
Office of Thrift Supervision shall be deemed to be a reference to the
Federal Banking Agency.
(b) Board of Governors of the Federal Reserve System.--Any
reference in any Federal law to the Board of Governors of the Federal
Reserve System in connection with any function of the Board under any
provision of law referred to in section 7313(b)(2) shall be deemed to
be a reference to the Federal Banking Agency.
(c) Federal Deposit Insurance Corporation.--Any reference in any
Federal law to the Federal Deposit Insurance Corporation or the Board
of Directors of such Corporation in connection with any function of the
Corporation or Board of Directors under any provision of law referred
to in section 7313(d)(2) shall be deemed to be a reference to the
Federal Banking Agency.
(d) National Credit Union Administration.--Any reference in any
Federal law to the National Credit Union Administration or the National
Credit Union Administration Board in connection with any function of
the Administration or Board under any provision of law referred to in
section 7313(e)(2) shall be deemed to be a reference to the Federal
Banking Agency.
Subchapter C--Section 235 Mortgage Refinancing
SEC. 7325. SECTION 235 MORTGAGE REFINANCING.
Section 235(r) of the National Housing Act (12 U.S.C. 1715z(r)) is
amended--
(1) in paragraph (2)(C), by inserting after ``refinanced''
the following: ``, plus the costs incurred in connection with
the refinancing as described in paragraph (4)(B) to the extent
that the amount for those costs is not otherwise included in
the interest rate as permitted by subparagraph (E) or paid by
the Secretary as authorized by paragraph (4)(B)'';
(2) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
inserting after ``otherwise)'' the following: ``and the
mortgagee (with respect to the amount described in
subparagraph (A))''; and
(B) in subparagraph (A), by inserting after
``mortgagor'' the following: ``and the mortgagee''; and
(3) by amending paragraph (5) to read as follows:
``(5) The Secretary shall use amounts of budget authority
recaptured from assistance payments contracts relating to mortgages
that are being refinanced for assistance payments contracts with
respect to mortgages insured under this subsection. The Secretary may
also make such recaptured amounts available for incentives under
paragraph (4)(A) and the costs incurred in connection with the
refinancing under paragraph (4)(B). For purposes of subsection
(c)(3)(A), the amount of recaptured budget authority that the Secretary
commits for assistance payments contracts relating to mortgages insured
under this subsection and for amounts paid under paragraph (4) shall
not be construed as unused.''.
SEC. 7326. PENALTY FOR EARLY REDEMPTION OF SAVINGS BONDS.
(a) In General.--Subsection (b) of section 3105 of title 31, United
States Code, is amended by adding at the end the following new
paragraph:
``(3) In the case of any savings bond which is redeemed
within the 5-year period beginning on the date the bond is
issued, the redemption price paid on the redemption shall be
determined by reducing the holding period otherwise taken into
account by 6 months.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to bonds issued after September 30, 1995.
SEC. 7327. ONE DOLLAR COINS.
(a) Color and Content.--Section 5112(b) of title 31, United States
Code, is amended--
(1) in the 1st sentence, by striking ``dollar,''; and
(2) by inserting after the 4th sentence, the following new
sentence: ``The dollar coin shall be golden in color, have an
unreeded edge, have tactile and visual features that make the
denomination of the
coin readily discernible, be minted and fabricated in the
United States, and have similar metallic, anticounterfeiting properties
as United States clad coinage in circulation on the date of the
enactment of the United States One Dollar Coin Act of 1995.''.
(b) American Veteran Dollar Coin.--Section 5112(d)(1) of title 31,
United States Code, is amended by striking the 5th and 6th sentences
and inserting the following new sentences: ``The reverse side of the
dollar shall have a design recognizing America's veterans. The
Secretary of the Treasury shall select an appropriate design for the
obverse side of the dollar.''.
(c) Effective Date.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Treasury shall place into
circulation 1 dollar coins authorized under subsection (a)(1) of
section 5112 of title 31, United States Code, which comply with the
design requirements of subsections (b) and (d)(1) of such section, as
amended by subsections (a) and (b) of this section. The Secretary may
include such coins in any numismatic set produced by the United States
Mint before the date the coins are placed in circulation.
SEC. 7328. CEASING ISSUANCE OF ONE DOLLAR NOTES.
(a) In General.--After the date that coins described in section
2012(c) are first placed in circulation, no Federal reserve bank may
order or place into circulation any $1 Federal Reserve note.
(b) Exception.--The Secretary of the Treasury shall produce only
such Federal Reserve notes of 1 dollar denomination as are required
from time to time to meet the needs of collectors of this series. Such
notes shall be produced in sheets and sold by the Secretary, in whole,
or in part, at a price that exceeds the face value of the currency by
an amount that, at a minimum, reimburses the Secretary for the cost of
production.
Subtitle E--Specific Commerce and Housing Program Reforms
SEC. 7401. OBLIGATION LIMITATION FOR MINORITY BUSINESS DEVELOPMENT
AGENCY.
The total of obligations incurred in fiscal year 1996 for expenses
of the Minority Business Development Agency described under the heading
``Minority Business Development'' in title II of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1995 (Public Law 103-317; 108 Stat. 1745-1746) may
not exceed $44,733,000.
SEC. 7402. UNITED STATES TRAVEL AND TOURISM ADMINISTRATION.
Title III of the International Travel Act of 1961 is repealed, the
United States Travel and Tourism Administration established under
section 301 of such Act is terminated, the Tourism Policy Council
established under section 302 of such Act is terminated, the Travel and
Tourism Advisory Board established under section 303 of such Act is
terminated, the officers and employees of the Administration, Council,
and Board are terminated, and the functions of the Administration,
Council, and Board are transferred to the Secretary of Transportation.
SEC. 7403. EXPORT ADMINISTRATION.
Not more than $247,000,000 may be made available to carry out the
Export Administration Act of 1979 for each of fiscal years 1996, 1997,
1998, 1999, and 2000.
SEC. 7404. ASSISTANCE FOR PUBLIC TELECOMMUNICATIONS FACILITIES AND
TELECOMMUNICATIONS DEMONSTRATIONS.
(a) Repeal of Public Telecommunications Facilities Program.--
Subpart A of part IV of title III of the Communications Act of 1934 (47
U.S.C. 390 et seq.) is repealed.
(b) Repeal of Telecommunications Demonstration Grant Program.--
Section 395 of such Act (47 U.S.C. 395) is repealed.
SEC. 7405. ABOLISHMENT OF ADVANCED TECHNOLOGY PROGRAM.
(a) Abolishment of Program.--Section 28 of the National Institute
of Standards and Technology Act (15 U.S.C. 278n) is repealed.
(b) Conforming Amendments.--The National Institute of Standards and
Technology Act (15 U.S.C. 271 et seq.) is amended--
(1) in section 2(d), by striking ``sections 25, 26, and
28'' and inserting ``sections 25 and 26''; and
(2) in section 10(h)(1), by striking ``, including the
Program established under section 28,''.
SEC. 7406. FEES FOR FEDERAL AND FEDERALLY SPONSORED ENTERPRISES.
(a) Fees for Government Sponsored Enterprises.--
(1) In General.--To compensate the Federal Government for
borrowing and financial advantages derived from the
relationship of government-sponsored enterprises to the Federal
Government and treatment of such enterprises under Federal law,
the Secretary of the Treasury shall collect a fee from each
Government-sponsored enterprise for each fiscal year. The
Secretary of the Treasury shall deposit any such fee collected
in the general fund of the Treasury of the United States.
(2) Amount.--The fee under this subsection for a
government-sponsored enterprise for a fiscal year shall be the
following amount:
(A) Fannie mae and freddie mac.--For the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation--
(i) for fiscal year 1996, an amount equal
to 0.05 percent of the aggregate original
principal balance of mortgage-backed securities
and substantially equivalent instruments issued
or guaranteed by such enterprise during such
year;
(ii) for fiscal year 1997, an amount equal
to 0.10 percent of the aggregate original
principal balance of mortgage-backed securities
and substantially equivalent instruments issued
or guaranteed by such enterprise during such
year; and
(iii) for fiscal year 1998 and each fiscal
year thereafter, an amount equal to 0.15
percent of the aggregate original principal
balance of mortgage-backed securities and
substantially equivalent instruments issued or
guaranteed by such enterprise during such year.
(B) Sallie mae.--For the Student Loan Marketing
Association--
(i) for fiscal year 1996, an amount equal
to 0.10 percent of the aggregate original
principal balance of debt securities issued by
such enterprise during such year;
(ii) for fiscal year 1997, an amount equal
to 0.20 percent of the aggregate original
principal balance of debt securities issued by
such enterprise during such year; and
(iii) for fiscal year 1998, an amount equal
to 0.30 percent of the aggregate original
principal balance of debt securities issued by
such enterprise during such year.
(C) Connie lee.--For the College Construction Loan
Insurance Association--
(i) for fiscal year 1996, an amount equal
to 0.10 percent of the aggregate original
principal balance of bonds insured or reinsured
by such enterprise during such year;
(ii) for fiscal year 1997, an amount equal
to 0.20 percent of the aggregate original
principal balance of bonds insured or reinsured
by such enterprise during such year; and
(iii) for fiscal year 1998, an amount equal
to 0.30 percent of the aggregate original
principal balance of bonds insured or reinsured
by such enterprise during such year.
(3) Calculation.--The Secretary of the Treasury shall
caclulate the amount of the fee under this subsection for each
fiscal year following the conclusion of such fiscal year and
shall consult with the Director of the Office of Federal
Housing Enterprise Oversight in determining the amount of the
fees under paragraph (2)(A).
(4) Definition.--For purposes of this subsection, the term
``government sponsored enterprise'' means--
(A) the College Construction Loan Insurance
Association;
(B) the Federal Home Loan Mortgage Corporation;
(C) the Federal National Mortgage Association; and
(D) the Student Loan Marketing Association.
(b) Government National Mortgage Association Guarantee Fees.--
Section 306(g)(3) of the National Housing Act (12 U.S.C. 1721(g)(3)) is
amended by adding at the end the following new subparagraph:
``(F) Notwithstanding any other provision of this paragraph, the
fee charged by the Association for any guarantee of the timely payment
of principal or interest on any security or note based on or backed by
mortgages shall be--
``(i) 10 basis points for any guarantee made during fiscal
year 1997; and
``(ii) 15 basis points for any guarantee made after fiscal
year 1997.''.
(c) Conforming Amendments.--
(1) Fannie mae.--The first sentence of section 304(f) of
the Federal National Mortgage Association Charter Act (12
U.S.C. 1719(f)) is amended by inserting ``and section 7496(a)
of the Restructuring a Limited Government Act,'' after ``this
Act''.
(2) Freddie mac.--Section 306(i) of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C. 1455(i)) is amended by
striking ``sections 303(c) and 1316(c) of this Act'' and
inserting ``subsection (c) of this section, section 303(c) of
this Act, and section 7406(a) of the Restructuring a Limited
Government Act, and''
SEC. 7407. EXTENSION OF SPECTRUM AUCTION AUTHORITY OF THE FEDERAL
COMMUNICATIONS COMMISSION.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``September 30, 1998'' and inserting
``September 30, 2000''.
SEC. 7408. BUREAU OF CENSUS.
Amounts made available for salaries and expenses for the Bureau of
the Census for fiscal years 1996 through 2000 may not exceed
$128,286,000 for each of such fiscal years. For the purposes of this
section, the term ``salaries and expenses'' means the salaries and
expenses for which amounts were appropriated for fiscal year 1995 under
the appropriations account numbered 13-0401-0-1-376 and identified as
available budget authority under item 43.00.
SEC. 7409. COPYRIGHT OFFICE.
Amounts made available for salaries and expenses for the Copyright
Office of the Library of Congress for fiscal years 1996 through 2000
may not exceed $9,446,000 for each of such fiscal years. For the
purposes of this section, the term ``salaries and expenses'' means the
salaries and expenses for which amounts were appropriated for fiscal
year 1995 under the appropriations account numbered 03-0102-0-1-376 and
identified as available budget authority under item 43.00.
TITLE VIII--TRANSPORTATION
Subtitle A--Air Transportation Program Reform
SEC. 8001. AIR TRAFFIC CONTROL CORPORATION.
(a) Short Title.--This section may be cited as the ``Air Traffic
Control Service Privatization and Improvement Act of 1995''.
(b) Establishment of Corporation.--
(1) In general.--There is established a nonprofit
corporation, to be known as the Airways Corporation, which--
(A) shall operate the air traffic control system of
the United States after the completion of transfers of
air traffic control facilities, personnel, and
equipment under subsection (j);
(B) except as provided in paragraph (2), shall not
be an agency or establishment of the United States
Government;
(C) shall have its principal office in the District
of Columbia and is deemed to be a resident thereof; and
(D) to the extent consistent with this Act, shall
be subject to the District of Columbia Business
Corporation Act (D.C. Code, Section 29-301 et seq.).
(2) War or national emergency.--
(A) Transfer of functions.--In the event of a
declared war or national emergency, the President may
by Executive order temporarily transfer any functions,
personnel, property, records, funds, and other matters
relating to the Airways Corporation to the Department
of Defense.
(B) Development of plans.--The board of directors
of the Airways Corporation, in consultation with the
Secretary of Defense, shall develop plans for the
effective discharge of the functions of the Corporation
in the event of a declared war or national emergency.
(c) Incorporation.--
(1) Appointment of incorporators.--The President shall
appoint 5 incorporators, by and with the advice and consent of
the Senate, who shall serve as the initial board of directors
of the Airways Corporation until the first annual meeting of
stockholders, or until a board of directors is elected in
accordance with subsection (e), whichever is later.
(2) Functions of incorporators.--The incorporators
appointed under this subsection shall--
(A) subject to approval by the President, draft and
file articles of incorporation for the Airways
Corporation, draft the initial bylaws of the
Corporation, and take any other actions necessary to
the establishment and initial operation of the
Corporation;
(B) arrange for an initial stock offering in
accordance with subsection (d);
(C) establish initial criteria for determining what
is a business aircraft for purposes of subsection
(d)(1)(C); and
(D) determine limits for liability insurance
appropriate for the Corporation to maintain in order to
cover its liability for actions or inactions taken by
or on behalf of the Corporation and acquire such
insurance from nongovernmental sources.
(3) Articles of incorporation.--The articles of
incorporation filed by the incorporators in accordance with
paragraph (2)--
(A) shall provide for cumulative voting under
section 27(d) of the District of Columbia Business
Corporation Act (D.C. Code, Section 29-327(d)); and
(B) may be amended, altered, changed, or repealed
by a vote of not less than 66\2/3\ percent of the
outstanding shares of the voting capital stock of the
Corporation.
(d) Issuance of Stock.--
(1) In general.--The Airways Corporation may issue and have
outstanding, in such numbers and amounts as it shall determine,
shares of capital stock consisting of 6 classes as follows:
(A) A class of shares to be known as Class A,
consisting of not more than 40 percent of all shares of
common stock issued by the Corporation, which may only
be purchased by air carriers.
(B) A class of shares to be known as Class B,
consisting of not more than 20 percent of all shares of
common stock issued by the Corporation, which may only
be purchased by persons who are private pilots but are
not employed by air carriers as pilots.
(C) A class of shares to be known as Class C,
consisting of not more than 10 percent of all shares of
common stock issued by the Corporation, which may only
be purchased by persons who are not air carriers and
who own one or more business aircraft.
(D) A class of shares to be known as Class D,
consisting of not more than 7\1/2\ percent of all
shares of common stock issued by the Corporation, which
may only be purchased by persons who are employed by an
air carrier as pilots.
(E) A class of shares to be known as Class E,
consisting of not more than 7\1/2\ percent of all
shares of common stock issued by the Corporation, which
may only be purchased by employees of the Corporation.
(F) A class of shares to be known as Class F,
consisting of 7\1/2\ percent of all shares of common
stock issued by the Corporation, which shall be issued
to the Secretary of Transportation on behalf of the
United States.
(G) A class of shares to be known as Class G,
consisting of 7\1/2\ percent of all shares of common
stock issued by the Corporation, which shall be issued
to the Secretary of Defense on behalf of the United
States.
(2) Price of first issue.--The shares of common stock first
issued by the Airways Corporation (other than those shares
issued under paragraphs (1)(F) and (1)(G)) shall be sold at a
price equal to not more than $100 for each share.
(3) Voting rights.--
(A) In general.--Each share of common stock in the
Airways Corporation--
(i) shall be vested with all voting rights;
and
(ii) shall be entitled to one vote.
(B) Assignment.--A person owning one or more shares
of Class A, B, C, D, or E stock may assign the right to
vote all or part of their shares to any person eligible
to own shares of that class of stock.
(4) Inspection and copying rights.--Notwithstanding section
45(b) of the District of Columbia Business Corporation Act
(D.C. Code, Section 29-345(b)), a stockholder of the Airways
Corporation shall have the right to inspect and copy records of
the Corporation pursuant to such section without regard to the
percentage of the Corporation's stock the stockholder holds.
(e) Directors and Officers.--
(1) Board of directors.--
(A) Election.--The Airways Corporation shall have a
board of directors consisting of 15 individuals who are
citizens of the United States, elected annually as
follows:
(i) 6 members elected by shareholders
owning one or more shares of Class A stock.
(ii) 3 members elected by shareholders
owning one or more shares of Class B stock.
(iii) 2 members elected by shareholders
owning one or more shares of Class C stock.
(iv) 1 member elected by shareholders
owning one or more shares of Class D stock.
(v) 1 member elected by shareholders owning
one or more shares of Class E stock.
(vi) 1 member appointed by the Secretary of
Transportation.
(vii) 1 member appointed by the Secretary
of Defense.
(B) Chairman.--The board of directors shall elect
one of its members annually to serve as chairman of the
board of directors.
(C) Compensation and expenses.--Members of the
board of directors may receive compensation in
accordance with rules established by the board of
directors.
(2) President of corporation and appointment of other
officers.--
(A) Appointment.--The Airways Corporation shall
have a president and such other officers as may be
appointed by the board of directors from among persons
who are citizens of the United States. Persons
appointed under this subparagraph shall serve at the
pleasure of the board of directors.
(B) Compensation.--Individuals appointed under
subparagraph (B) shall be compensated at rates fixed by
the board of directors.
(C) Disclosure of receipt of other compensation.--
An officer of the Airways Corporation shall disclose to
the entire board of directors salary from any source
other than the Corporation during the period of the
officer's employment by the Corporation.
(e) Powers.--
(1) In general.--The Airways Corporation may--
(A) plan, initiate, construct, own, manage, and
operate, by itself or in cooperation with other
entities, an air traffic control system;
(B) furnish, for hire, air traffic control services
to air transportation common carriers and other
operators of civil and military aircraft;
(C) enter into contracts under which other entities
may operate individual air traffic control facilities
and provide services on behalf of the Corporation;
(D) acquire, by construction, purchase, or gift,
physical facilities, equipment, and devices necessary
to the operations of the Corporation, including air
traffic control and associated equipment and
facilities;
(E) issue voting securities in accordance with
subsection (d);
(F) issue nonvoting securities, bonds, debentures,
and other certificates of indebtedness as may be
appropriate; and
(G) conduct or contract for the conduct of research
and development related to the operations of the
Corporation and establish technical specifications of
all elements of the air traffic control system.
(2) Usual powers.--To conduct activities authorized by
paragraph (1), the Airways Corporation shall have the usual
powers conferred upon a corporation by the District of Columbia
Business Corporation Act (D.C. Code, Section 29-301 et seq.).
(f) Fees.--
(1) In general.--The Airways Corporation may establish
reasonable nondiscriminatory fees for the provision of air
traffic control services and charge such fees to air carriers
and other business users of such services. During the 10-year
period beginning on the date of the enactment of this Act, the
Corporation may not charge such fees to nonbusiness users of
such services.
(2) Review of fees.--The Secretary of Transportation shall
issue regulations not later than 180 days after the date of the
enactment of this Act for the review and appeal of fees
established by the Airways Corporation under paragraph (1).
(g) Foreign Business Negotiations.--
(1) Negotiations of corporation.--Whenever the Airways
Corporation enters into negotiations with any foreign entity
with respect to facilities, operations, and services authorized
by this section to be conducted by the Corporation--
(A) the Corporation shall notify the Secretary of
State and the Secretary of Transportation regarding the
initiation, conduct, and foreign policy implications of
such negotiations; and
(B) the Secretary of State shall advise the
Corporation of relevant foreign policy considerations
and, upon request of the Corporation, shall render such
assistance as may be appropriate.
(2) Negotiations of secretary of state.--The Secretary of
State shall consult with the Airways Corporation with respect
to all negotiations conducted by the Secretary regarding
matters which relate to air traffic control.
(h) Sanctions.--
(1) Petition for relief.--Except as otherwise prohibited by
law--
(A) if the Airways Corporation engages in any
activity, or takes any action in furtherance of any
policy, which is inconsistent with the policy and
purposes of this section; or
(B) if any other person--
(i) violates any provision of this section;
(ii) obstructs or interferes with any
activity authorized by this section;
(iii) refuses, fails, or neglects to
discharge any duty or responsibility under this
section; or
(iv) threatens any such violation,
obstruction, interference, refusal, failure, or
neglect;
the district court of the United States for any district in
which such Corporation or other person resides or may be found
shall have jurisdiction, upon petition of the Attorney General
of the United States, to grant such equitable relief as may be
necessary or appropriate to prevent or terminate such activity.
(2) Punishment, liability, or sanction under other
provisions.--Nothing contained in this subsection shall be
considered to relieve any person of any liability, punishment,
or sanction under any other law.
(i) Reports.--
(1) Corporation.--During the 5-year period beginning on the
date of the enactment of this Act, the Airways Corporation
shall transmit to the President and Congress, annually and at
such other times as it considers appropriate, a comprehensive
and detailed report of its operations, activities, and
accomplishments under this section.
(2) Administrator.--During the 5-year period beginning on
the date of the enactment of this Act, the Administrator shall
transmit to Congress, annually and at such other times as the
Administrator considers appropriate, an evaluation of the
capital structure of the Airways Corporation so as to assure
Congress that such structure is consistent with the most
efficient and economical operation of the Corporation.
(j) Transfer of Facilities, Personnel, and Equipment of Civil Air
Traffic Control System.--
(1) In general.--Not later than 180 days after the date the
Senate approves the appointments of the President under
subsection (c)(1), the Secretary of Transportation shall take
such action as may be necessary--
(A) to transfer to the Airways Corporation all
right, title, and interest of the United States in, and
all control of the United States over, all facilities
and equipment under the jurisdiction of the United
States on the date of the enactment of this Act, which
are part of the air traffic control system, including
the air route traffic centers, terminal radar control
centers, VHF omnidirectional radio stations, long-range
and terminal radar systems, flight service stations,
and related facilities and equipment;
(B) to transfer all right of the United States in
airport control towers, landing aids, and landing slots
to owners of the airport where such towers and aids are
located and to which such landing slots relates;
(C) to transfer to the Airways Corporation all
personnel who are employed in operating, maintaining,
or managing the air traffic control system on the date
of the enactment of this Act; and
(D) except as provided in paragraph (2), to
terminate the civil service status of air traffic
control personnel.
(2) Retirement benefits.--
(A) In general.--Any Federal employee who is
transferred to the Airways Corporation under this
section and who, on the day before the date of such
transfer, is subject to chapter 83 or 84 of title 5,
United States Code, shall, so long as that individual
remains continuously employed by the Airways
Corporation, remain subject to such chapter.
(B) Service to be treated as ``government
employment''.--Any continuous employment described in
subparagraph (A) shall be considered to be employment
by the Government of the United States for purposes of
such chapter 83 or 84, as applicable.
(C) Contributions.--The Airways Corporation shall
be considered, for those individuals to whom this
paragraph applies, the employing agency for purposes of
such chapter 83 or 84, as applicable, and shall be
responsible for making all appropriate employer
contributions thereunder (which, in the case of
employer contributions to the Civil Service Retirement
and Disability Fund, shall be as determined by the
Office of Personnel Management).
(k) Limitations on Funding.--
(1) No appropriated funds.--The Airways Corporation shall
not receive any funds from the Federal Government beyond fees
paid for use of the air traffic control system by the Federal
Government.
(2) No borrowing from treasury.--The Airways Corporation
may not borrow money from the Treasury of the United States or
receive federally guaranteed loans.
(l) Liability of Corporation.--Notwithstanding any other provision
of law, the Airways Corporation is immune from all tort liability with
respect to the provision of air traffic control services which is not
based on fault.
(m) Nonliability of Air Traffic Controllers.--A person employed by
the Airways Corporation as an air traffic controller may not be held
personally liable by any Federal or State court for negligent actions
or inactions (other than actions or inactions that constitute gross
negligence or that demonstrate a greater disregard of a duty of care
than gross negligence, including intentional tortious conduct) of such
person in carrying out any duty of such person for the Corporation. The
Corporation may be held liable for such actions or inactions.
(n) Reduction in Tax on Transportation of Persons by Air.--
(1) In general.--Subsections (a) and (b) of section 4261 of
the Internal Revenue Code of 1986 (relating to transportation
of persons by air) are each amended by striking ``10 percent''
and inserting ``3.5 percent''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to transportation beginning after the 30th day
following the date of the enactment of this Act but shall not
apply to amounts paid on or before such 30th day.
(o) Definitions.--As used in this section--
(1) the terms ``airport'' and ``public-use airport'' have
the meaning such terms have under section 47102 of title 49,
United States Code;
(2) the terms ``air carrier'', ``aircraft'', ``air
transportation'', ``civil aircraft'', ``citizen of the United
States'', ``person'', and ``United States'' have the meaning
such terms have under section 40102 of title 49, United States
Code;
(3) the term ``Administration'' means the Federal Aviation
Administration; and
(4) the term ``Administrator'' means the Administrator of
the Federal Aviation Administration.
(p) Conforming Amendments.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation shall submit
to Congress such conforming amendments to the laws of the United States
as the Secretary of Transportation determines are necessary to
implement this section.
SEC. 8002. OBLIGATION LIMITATION FOR AIRPORT IMPROVEMENT PROGRAM.
Section 47104 of title 49, United States Code, is amended be adding
at the end the following:
``(d) Obligation Limitation.--Notwithstanding any other provision
of law, the Secretary may not incur obligations under subsection (b) of
this section in any of fiscal years 1996 through 2000 which exceed 75
percent of the obligations incurred under subsection (b) in fiscal year
1995.''.
SEC. 8003. TERMINATION OF ESSENTIAL AIR SERVICE PROGRAM.
Sections 41737(d)(2) and 41742 of title 49, United States Code, are
each amended by striking ``1998'' and inserting ``1995''.
SEC. 8004. OBLIGATION LIMITATION FOR FAA OPERATIONS.
The total of obligations incurred in each of fiscal years 1996,
1997, 1998, 1999, and 2000 for expenses of the Federal Aviation
Administration described under the heading ``Operations'' in title I of
the Department of Transportation and Related Agencies Appropriations
Act, 1995 (Public Law 103-331; 108 Stat. 2474-2475) may not exceed
$4,581,000 per fiscal year.
SEC. 8005. 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, to conduct demonstration projects in the
development, advancement, or 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 for such purposes, as enacted
under the head, ``Federal Aviation Administration, Facilities
and Equipment'', in the Department of Transportation and
Related Agencies Appropriations Acts for fiscal years ending
before October 1, 1993;
is repealed.
(b) Collegiate Training Initiative.--Section 362 of the Department
of Transportation and Related Agencies Appropriations Act, 1993 (Public
Law 102-388), is repealed, except that the Administrator of the Federal
Aviation Administration may continue to 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 Public Law 102-581 (49 U.S.C. App. 1354 note)
is repealed.
SEC. 8006. FEES FOR USE OF SLOTS AT HIGH DENSITY AIRPORTS.
Section 41714 of title 49, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Fees.--Not later than September 1, 1995, the Secretary shall
establish fees for the use of slots at high density airports in an
amount sufficient to result in the collection of $300,000,000 per
fiscal year for each fiscal year beginning after September 30, 1995.
The Secretary shall collect such fees in fiscal year 1996 and each
fiscal year thereafter and shall deposit the amounts collected in the
general fund of the Treasury.''.
Subtitle B--Highway Transportation Program Reform
SEC. 8101. 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
to 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 fulltime 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 (Public Law 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. 8102. CUSTOMS TONNAGE FEES.
(a) Increase in Fees.--Section 36 of the Act of August 5, 1909 (46
App. 121, 36 Stat. 111), is amended--
(1) by striking ``9 cents per ton, not to exceed in the
aggregate 45 cents per ton in any one year, for fiscal years
1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998'' and inserting
``24 cents per ton, not to exceed in the aggregate $1.20 per
ton in any one year, for fiscal years 1996, 1997, 1998, 1999,
and 2000''; and
(2) by striking ``27 cents per ton, not to exceed $1.35 per
ton per annum, for fiscal years 1991, 1992, 1993, 1994, 1995,
1996, 1997, 1998'' and inserting ``71 cents per ton, not to
exceed $3.55 per ton per annum, for fiscal years 1996, 1997,
1998, 1999, and 2000''.
(b) Conforming Amendment.--The Act entitled ``An Act concerning
tonnage duties on vessels entering otherwise than by sea'', approved
March 8, 1910 (36 Stat. 234; 46 App. U.S.C. 132), is amended by
striking ``9 cents per ton, not to exceed in the aggregate 45 cents per
ton in any one year, for fiscal years 1991, 1992, 1993, 1994, 1995,
1996, 1997, and 1998'' and inserting ``24 cents per ton, not to exceed
in the aggregate $1.20 per ton in any one year, for fiscal years 1996,
1997, 1998, 1999, and 2000''.
SEC. 8103. FEES FOR OPERATION OF FOREIGN REPAIR STATIONS.
Not later than September 1, 1995, the Secretary of Transportation
shall establish fees for maintenance and repairs carried out on
aircraft not owned or operated by the United States, and engines and
other parts and components of such aircraft, at foreign repair stations
operated by the Federal Aviation Administration in an amount sufficient
to cover the cost of operating such stations in each fiscal year
beginning after September 30, 1995. The Secretary shall collect such
fees in fiscal year 1996 and each fiscal year thereafter and shall
deposit the amounts collected in the general fund of the Treasury.
SEC. 8104. ELIMINATION OF FUNDING FOR HIGHWAY DEMONSTRATION PROJECTS.
(a) Repeal of Authorization of Appropriations.--Sections 1103(b),
1104(b), 1105(f), 1106(a)(2), 1106(b)(2), 1107(b), and 1108(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2027-2063) are each amended by striking ``through 1997'' and inserting
``through 1995''.
(b) Conforming Amendments.--Sections 1103(c), 1104(c), 1105(g)(2),
1106(a)(3), 1106(b)(3), 1107(c), and 1108(c) of such Act are each
amended by striking ``1995, 1996, and 1997'' and inserting ``and
1995''.
Subtitle C--Rail Transportation Program Reform
SEC. 8201. AMTRAK.
Section 24104(a) of title 49, United States Code, is amended to
read as follows:
``(a) In General.--There are authorized to be appropriated to the
Secretary of Transportation--
``(1) $612,000,000 for fiscal year 1996;
``(2) $612,000,000 for fiscal year 1997;
``(3) $612,000,000 for fiscal year 1998;
``(4) $303,000,000 for fiscal year 1999; and
``(5) $303,000,000 for fiscal year 2000,
for the benefit of Amtrak for capital expenditures under this part,
operating expenses, and payments described in subsection (c)(1)(A)
through (C).''.
SEC. 8202. 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 (Public Law 103-122), $20,000,000 is
rescinded, to be derived from magnetic levitation research and analysis
activities.
SEC. 8203. LOCAL RAIL FREIGHT ASSISTANCE.
Section 22108(a)(3) of title 49, United States Code, is amended by
striking ``under this subsection to the Secretary for any period after
September 30, 1994'' and inserting in lieu thereof ``to the Secretary
for any period after September 30, 1995''.
SEC. 8204. REDUCTION AND MODIFICATION OF BOATING SAFETY GRANTS.
(a) Transfer of Amounts for State Boating Safety Programs.--
(1) Transfers.--Section 4(b) of the Act of August 9, 1950
(16 U.S.C. 777c(b)), is amended to read as follows:
``(b)(1) Of the balance of each annual appropriation remaining
after making the distribution under subsection (a), an amount equal to
$40,000,000 for fiscal year 1996, $55,000,000 for fiscal year 1997, and
$69,000,000 for each of fiscal years 1998 and 1999, shall, subject to
paragraph (2), be used as follows:
``(A) A sum equal to $10,000,000 of the amount available
for each of fiscal years 1996 through 1999 shall be available
for use by the Secretary of the Interior for grants under
section 5604(c) of the Clean Vessel Act of 1992. Any portion of
such a sum available for a fiscal year that is not obligated
for those grants before the end of the following fiscal year
shall be transferred to the Secretary of Transportation and
shall be expended by the Secretary of Transportation for State
recreational boating safety programs under section 13106 of
title 46, United States Code.
``(B) A sum equal to $30,000,000 of the amount available
for fiscal year 1996, $45,000,000 of the amount available for
fiscal year 1997, and $59,000,000 of the amount available for
each of fiscal years 1998 and 1999, shall be transferred to the
Secretary of Transportation and shall be expended by the
Secretary of Transportation for State recreational boating
safety programs under section 13106 of title 46, United States
Code.
Any portion of such a sum available for a fiscal year that is not
obligated for those grants before the end of the following fiscal year
shall be transferred to the Secretary of Transportation and shall be
expended by the Secretary of Transportation for State recreational
boating safety programs under section 13106 of title 46, United States
Code.
``(2)(A) The amount transferred under paragraph (1)(B) for a fiscal
year shall be reduced by the lesser of--
``(i) the amount appropriated to the Secretary of
Transportation for that fiscal year to carry out
the purposes of section 13106 of title 46, United States Code,
from the Boat Safety Account in the Aquatic Resources Trust Fund
established under section 9504 of the Internal Revenue Code of 1986; or
``(ii) $35,000,000; or
``(iii) for fiscal year 1996 only, $30,000,000.
``(B) The amount of any reduction under subparagraph (A) shall be
apportioned among the several States under subsection (d) by the
Secretary of the Interior.''.
(2) Conforming amendment.--Section 5604(c)(1) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note) is amended by striking
``section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(2), as amended by this Act)'' and inserting ``section
4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1))''.
(3) Limitation on other distribution.--Notwithstanding any
other provision of law, for fiscal year 1996, of the amount
appropriated in accordance with section 3 of the Act of August
9, 1950 (16 U.S.C. 777b), $20,000,000 shall be excluded from
the total amount subject to the 18 percent calculation of
section 4(a) of such Act (16 U.S.C. 777c(a)).
(b) Expenditure of Amounts for State Recreational Boating Safety
Programs.--Section 13106 of title 46, United States Code, is amended--
(1) in subsection (a)(1) by striking the first sentence and
inserting the following: ``Subject to paragraph (2), the
Secretary may expend under contracts with States under this
chapter in each fiscal year for State recreational boating
safety programs an amount equal to the sum of the amount
appropriated from the Boat Safety Account for that fiscal year
plus the amount transferred to the Secretary under section
4(b)(1) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(1)) for
that fiscal year.''; and
(2) by amending subsection (c) to read as follows:
``(c) For expenditure under this chapter for State recreational
boating safety programs there are authorized to be appropriated to the
Secretary of Transportation from the Boat Safety Account established
under section 9504 of the Internal Revenue Code of 1986 (26 U.S.C.
9504) not more than $35,000,000 each fiscal year.''.
Subtitle D--Miscellaneous Transportation Program Reform
SEC. 8301. FEDERAL AID FOR MASS TRANSIT.
(a) Reduced Federal Share.--
(1) Comprehensive planning.--Section 5303(h)(5) of title
49, United States Code, is amended by striking ``80'' and
inserting ``50''.
(2) Block grants.--Section 5307(e) of such title is amended
by striking ``80'' and inserting ``50''.
(3) Discretionary grant program.--Section 5309(h) of such
title is amended by striking ``80'' and inserting ``50''.
(4) Rural program.--Section 5311(g)(2) of such title is
amended by striking ``80'' and inserting ``50''.
(5) Training programs.--Section 5312(c)(3) of such title is
amended by striking ``75'' and inserting ``50''.
(6) National mass transportation institute.--Section
5315(d) of such title is amended by striking ``80'' and
inserting ``50''.
(7) University research institutes.--Section 5316(f) of
such title is amended by inserting before the period at the end
the following: ``; except that the Federal share of the costs
of activities conducted with a grant under this section shall
be 50 percent''.
(8) University transportation centers.--Section
5317(b)(5)(C) of such title is amended by striking ``80'' and
inserting ``50''.
(9) Bicycle facilities.--Section 5319 of such title is
amended by striking ``90'' and inserting ``50''.
(10) Suspended light rail system technology pilot
project.--Section 5320(i) of such title is amended by striking
``80'' and inserting ``50''.
(11) Acquisition of equipment under the clean air and
americans with disabilities acts.--Section 5323(i) of such
title is amended by striking ``90'' and inserting ``50''.
(12) Project management oversight.--Section 5327(c)(3) of
such title is amended by striking ``the entire'' and inserting
``50 percent of the''.
(b) Elimination of Operating Assistance.--
(1) Block grants.--Section 5307 of such title is amended--
(A) in subsection (b)(1) by striking ``improvement,
and operating'' and inserting ``and improvement'';
(B) in subsection (b)(2) by striking ``that cannot
be used to pay operating expenses under this section'';
(C) in subsection (e) by striking the second
sentence;
(D) by striking subsection (f);
(E) in subsection (g)(1) by striking ``(except a
project for operating expenses)''; and
(F) by redesignating subsections (g) through (n) as
subsections (f) through (m), respectively.
(2) Transportation facilities to meet special needs.--
(A) In general.--Sections 5301(d) and 5310 of such
title are repealed.
(B) Conforming amendments.--Section 5338 of such
title is amended--
(i) in subsection (a) by striking ``5310,''
each place it appears (including the subsection
heading); and
(ii) in subsection (j) by striking
paragraph (2) and by redesignating paragraphs
(3), (4), and (5) as paragraphs (2), (3), and
(4), respectively.
(3) Rural program.--Section 5311 of such title is amended--
(A) in subsection (b) by striking the parenthetical
phrase;
(B) in subsection (e) by striking ``(1)'' and by
striking paragraph (2);
(C) in subsection (f)(1)(D) by striking
``operating'' and all that follows through ``user-side
subsidies, and'';
(D) in subsection (g)(2) by striking the second
sentence;
(E) by striking subsection (h); and
(F) by redesignating subsections (i) and (j) as
subsections (h) and (i), respectively.
(4) Suspended light rail system technology pilot project.--
Section 5320 of such title is amended--
(A) by striking the second sentence of subsection
(e); and
(B) in subsection (h)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
Subtitle E--Administrative Reform
SEC. 8401. REDUCTION IN OVERHEAD EXPENSES OF DEPARTMENT OF
TRANSPORTATION.
(a) In General.--The amount obligated by the Department of
Transportation during fiscal year 1996 for overhead expenses shall not
exceed an amount sufficient to reduce outlays for such expenses during
such fiscal year (as compared to such outlays during fiscal year 1995)
by $498,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
TITLE IX--COMMUNITY AND REGIONAL DEVELOPMENT
Subtitle A--Housing Program Reforms
SEC. 9001. TERMINATION OF EXPANSION OF RURAL RENTAL HOUSING PROGRAM.
Section 515 of the Housing Act of 1949 (42 U.S.C. 1485) is amended
by inserting after subsection (g) the following new subsection:
``(h) Prohibition of New Loans.--After the date of the enactment of
the Restructuring a Limited Government Act, the Secretary may not make
or insure, or enter into any commitment to make or insure, any loan
under this section.''.
Subtitle B--Community and Regional Development Program Reforms
SEC. 9101. ELIMINATION OF FUNDING FOR ENVIRONMENTAL RESEARCH PROGRAMS
OF TENNESSEE VALLEY AUTHORITY.
For fiscal years beginning after September 30, 1995, no amounts may
be appropriated to the Tennessee Valley Authority for activities of the
Authority's environmental research center and national fertilizer
research center.
SEC. 9102. ELIMINATION OF CDBG PROGRAM.
(a) Repeal.--Title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) is hereby repealed.
(b) Transition.--Any amounts appropriated to carry out title I of
the Housing and Community Development Act of 1974 before the date of
the enactment of this Act shall be used in accordance with the
provisions of such title as in effect immediately before the enactment
of this Act.
SEC. 9103. TERMINATION OF ECONOMIC DEVELOPMENT ADMINISTRATION.
(a) In General.--The Economic Development Administration is
terminated.
(b) Repeal of Acts.--The Public Works and Economic Development Act
of 1965 (42 U.S.C. 3121 et seq.) and the Local Public Works Capital
Development and Investment Act of 1976 (42 U.S.C. 6701 et seq.) are
repealed.
(c) Conclusion of Outstanding Affairs.--
(1) In general.--The Secretary of Commerce shall provide
for the conclusion of any outstanding affairs of the Economic
Development Administration, including matters affecting the
disposition of personnel.
(2) Authority.--In carrying out this subsection, the
Secretary of Commerce may exercise any authority that was
provided to the Secretary under the Acts repealed by subsection
(b), as such Acts were in effect on the day before the
effective date of this section, and is necessary or appropriate
to administer and fulfill the terms of any grant, contract,
agreement, loan, obligation, debenture, or guarantee made by
the Secretary pursuant to such Acts.
(d) Effect of Termination on Expenditure of Funds Already
Received.--Nothing in this section may be construed to prevent the
expenditure of any funds received from a grant or loan under the Acts
repealed by subsection (b). Such funds shall be subject to such laws
and regulations as applied to the funds on the day before the effective
date of this section.
(e) Economic Development Revolving Fund.--
(1) Continuation to finish business.--The Economic
Development Revolving Fund established by section 203 of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3143) shall continue in existence for the following purposes:
(A) Collections and repayments.--To receive
collections and repayments in connection with
assistance extended under the Acts repealed by
subsection (b).
(B) Payment of obligations.--To pay obligations and
make expenditures in connection with the Acts repealed
by subsection (b).
(2) Termination of fund.--
(A) Certification.--When, in the discretion of the
Secretary of Commerce, the Economic Development
Revolving Fund is no longer necessary to carry out the
activities under paragraph (1), the Secretary of
Commerce shall certify to the Secretary of the Treasury
that the Economic Development Revolving Fund is no
longer necessary.
(B) Termination.--Upon receipt of the certification
under subparagraph (A), the Secretary of the Treasury
shall terminate the Economic Development Revolving Fund
and deposit into the general fund of the Treasury as
miscellaneous receipts any moneys remaining in the
Fund. The Secretary of the Treasury shall deposit into
the general fund of the Treasury any collections and
repayments made after the termination of the Economic
Development Revolving Fund in connection with the Acts
repealed by subsection (b).
(f) Effective Date.--This section shall take effect on October 1,
1995.
SEC. 9104. TERMINATION OF APPALACHIAN REGIONAL COMMISSION.
(a) In General.--The Appalachian Regional Commission is terminated.
(b) Repeal of Acts.--The Appalachian Regional Development Act of
1965 (40 U.S.C. App. 1 et seq.) is repealed.
(c) Conclusion of Outstanding Affairs.--
(1) In general.--The President shall take such actions as
may be necessary and appropriate to conclude any outstanding
affairs of the Appalachian Regional Commission, including
matters affecting the disposition of personnel.
(2) Authority.--In carrying out this subsection, the
President may exercise any authority that was provided to the
Appalachian Regional Commission under the Appalachian Regional
Development Act of 1965, as in effect on the day before the
effective date of this section, and is necessary or appropriate
to administer and fulfill the terms of any grant, contract,
loan, or other obligation entered into by the Appalachian
Regional Commission under such Act.
(d) Expenditure of Funds.--Nothing in this section may be construed
to prevent the expenditure of any funds received under the Appalachian
Regional Development Act of 1965. Such funds shall be subject to such
laws and regulations as applied to the funds on the day before the
effective date of this section.
(e) Effective Date.--This section shall take effect on October 1,
1995.
SEC. 9105. ELIMINATION OF RURAL DEVELOPMENT LOAN AND GRANT PROGRAMS.
(a) Repeal of the Rural Electrification Act of 1936.--The Rural
Electrification Act of 1936 (7 U.S.C. 901-950b) is hereby repealed.
(b) Elimination of Certain Programs Under the Consolidated Farm and
Rural Development Act.--
(1) Section 304 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924) is amended by striking
subsection (b).
(2) Section 306 of such Act (7 U.S.C. 1926) is hereby
repealed.
(3) Section 306A of such Act (7 U.S.C. 1926a) is hereby
repealed.
(4) Section 306B of such Act (7 U.S.C. 1926b) is hereby
repealed.
(5) Section 306C of such Act (7 U.S.C. 1926c) is hereby
repealed.
(6) Section 310B of such Act (7 U.S.C. 1932) is hereby
repealed.
(7) Section 312(a) of such Act (7 U.S.C. 1942(a)) is
amended in the 1st sentence--
(A) by striking clauses (5), (6), (8), (11), (12),
and (13);
(B) by adding ``or'' at the end of clause (9);
(C) by striking the comma at the end of clause (10)
and inserting a period; and
(D) by redesignating clauses (7), (9), and (10) as
clauses (5), (6), and (7), respectively.
(8) Section 312 of such Act (7 U.S.C. 1942) is amended by
striking subsections (b), (c), and (d) and redesignating
subsection (e) as subsection (b).
(c) Elimination of Certain Programs Under the Food, Agriculture,
Conservation, and Trade Act of 1990.--
(1) Subtitle B of title XXIII of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2007-2007e) is
hereby repealed.
(2) Section 2322 of such Act (7 U.S.C. 1926-1) is hereby
repealed.
(3) Section 2324 of such Act (7 U.S.C. 1926 note) is hereby
repealed.
(4) Section 2326 of such Act (7 U.S.C. 1926b note) is
amended by striking subsection (b).
(5) Subtitle D of title XXIII of such Act (7 U.S.C. 950aaa-
950aaa-4 and 1932 note) is hereby repealed.
(d) Elimination of Certain Program Under the Food Security Act of
1985.--Section 1323 of the Food Security Act of 1985 (7 U.S.C. 1932
note) is hereby repealed.
(e) Conforming Amendments.--
(1) Consolidated farm and rural development act
amendments.--
(A) Section 307(a)(3) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1927(a)(3)) is
amended--
(i) in subparagraph (A), by striking ``and
essential community facilities''; and
(ii) by striking subparagraph (C).
(B) Section 307(a) of such Act (7 U.S.C. 1927(a))
is amended by striking paragraph (4).
(C) Section 307(a)(5) of such Act (7 U.S.C.
1927(a)(5)) is amended--
(i) by striking ``(A) Except as provided in
subparagraph (B), the'' and inserting ``The'';
and
(ii) by striking subparagraph (B).
(D) Section 307(a)(6)(B) of such Act (7 U.S.C.
1927(a)(6)(B)) is amended--
(i) by adding ``and'' at the end of clause
(i);
(ii) by striking clauses (ii) through (vi);
and
(iii) by redesignating clause (vii) as
clause (ii).
(E) Section 307(c) of such Act (7 U.S.C. 1927(c))
is amended by striking ``, and for obligations in
connection with loans to associations under section
306, shall take liens on the facility or such other
security as he may determine to be necessary''.
(F) Section 309(g)(1) of such Act (7 U.S.C.
1929(g)(1)) is amended by striking ``the last sentence
of section 306(a)(1),''.
(G) Section 309A(a) of such Act (7 U.S.C. 1929a(a))
is amended by inserting ``(as such
sections were in effect before the effective date of
the Restructuring a Limited Government Act),'' after ``312(b),''.
(H) Section 309A(g) of such Act (7 U.S.C. 1930(g))
is amended--
(i) by striking paragraph (1); and
(ii) in paragraph (8), by striking ``make
grants under sections 306(a) and 310B of this
title,''.
(I) Section 310A of such Act (7 U.S.C. 1931) is
amended by striking ``, the last sentence of section
306(a)(1),''.
(J) Section 316(a) of such Act (7 U.S.C. 1946(a))
is amended by striking paragraph (3).
(K) Section 317 of such Act (7 U.S.C. 1947) is
amended by striking ``(except section 312(b))''.
(L) Section 333A(a) of such Act (7 U.S.C. 1983a(a))
is amended by striking paragraph (4).
(M) Section 344 of such Act (7 U.S.C. 1994) is
hereby repealed.
(N) Section 353A of such Act (7 U.S.C. 2001a) is
amended by inserting ``(as in effect before the
effective date of the Restructuring a Limited
Government Act)'' before the period.
(O) Section 365 of such Act (7 U.S.C. 2008) is
hereby repealed.
(P) Section 366 of such Act (7 U.S.C. 2008a) is
hereby repealed.
(Q) Section 367 of such Act (7 U.S.C. 2008b) is
hereby repealed.
(R) Section 368 of such Act (7 U.S.C. 2008b) is
hereby repealed.
(2) Department of agriculture reorganization act of 1994
amendments.--
(A) Section 233(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6943(b)) is
amended by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(B) Section 234(b) of such Act (7 U.S.C. 6944(b))
is amended by striking paragraphs (1) and (3) and
redesignating paragraphs (2), (4), and (5) as
paragraphs (1) through (3), respectively.
(3) Cooperative forestry assistance act of 1978
amendment.--Section 10(b)(3) of the Cooperative Forestry
Assistance Act of 1978 (7 U.S.C. 2106(b)(3)) is amended by
inserting ``, as in effect before the effective date of the
Restructuring a Limited Government Act'' before the period.
(4) Agricultural act of 1970 amendment.--Section 901(b) of
the Agricultural Act of 1970 (42 U.S.C. 3122(b)) is amended by
inserting ``, as in effect before the effective date of the
Restructuring a Limited Government Act'' before the period.
(5) Robert t. stafford disaster relief and emergency
assistance act amendments.--Section 310(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5153(a)) is amended by striking paragraph (4) and
redesignating paragraphs (5) through (7) as paragraphs (4)
through (6), respectively.
(f) No Effect on Existing Contracts and Obligations.--The
amendments made by this section shall not be construed to affect any
right, power, or duty granted pursuant to any contract entered into or
obligation made before the effective date of this Act.
(g) Sale of Outstanding Rural Development Loans.--
(1) In general.--Notwithstanding any other provision of
law, not later than the end of the 3-year period that begins
with the effective date of this Act, the Secretary of
Agriculture shall sell to private investors all interests of
the United States in all qualified loans made before such
effective date that are outstanding at the time of the sale,
for cash only, on the most favorable terms to the Federal
Government that are then obtainable.
(2) Qualified loan defined.--As used in paragraph (1), the
term ``qualified loan'' means a loan made or insured under--
(A) the Rural Electrification Act of 1936 (as in
effect before the effective date of this Act);
(B) section 304(b), 306, 306C, 310B, or clause (5),
(6), (8), (11), (12), or (13) of subsection (a), or
subsection (b) or (c), of section 312, of the
Consolidated Farm and Rural Development Act (as so in
effect); or
(C) subtitle B of title XXIII, or section 2322 or
2324, of the Food, Agriculture, Conservation, and Trade
Act of 1990 (as so in effect).
Subtitle C--Administrative Reforms
SEC. 9201. OPERATION OF INDIAN PROGRAMS.
Amounts made available for the operation of Indian programs for
fiscal years 1996 through 2000 may not exceed $1,443,244,000 for each
of such fiscal years. For the purposes of this section, the term
``operation of Indian programs'' means those programs, projects, and
activities for which amounts were appropriated for fiscal year 1995
under the appropriations account numbered 14-2100-0-1-999, as adjusted
under item 90.00 (relating to adjustments to gross budget authority and
outlays).
SEC. 9202. BUREAU OF INDIAN AFFAIRS CONSTRUCTION.
Amounts appropriated for construction with respect to the Bureau of
Indian Affairs for fiscal years 1996 through 2000 may not exceed
$83,111,000 for each of such fiscal years. For the purposes of this
section, the term ``construction with respect to the Bureau of Indian
Affairs'' means those programs, projects, and activities for which
amounts were appropriated for fiscal year 1995 under the appropriations
account numbered 14-2301-0-1-452 and identified as budget authority
under item 40.00.
TITLE X--EDUCATION AND TRAINING
Subtitle A--Job Training Reform
SEC. 10001. SHORT TITLE.
This subtitle may be cited as the ``Employment Enhancement Reform
Act''.
CHAPTER 1--BLOCK GRANTS TO STATES
SEC. 10011. STATEMENT OF PURPOSE.
It is the purpose of this chapter to establish a block grant program
to prepare individuals for employment in the labor force by increasing
their occupational and educational skills, resulting in improved long-
term employability, increased employment and earnings, and reduced
welfare dependency.
SEC. 10012. AUTHORIZATION.
(a) Grants to States.--The Secretary of Labor may provide grants to
States for the purpose of providing employment assistance to eligible
individuals in such States in accordance with this chapter.
(b) Grants to Indian Tribes and Migrant and Seasonal Farmworker
Organizations.--Not more than 5 percent of the amount appropriated to
carry out this chapter for a fiscal year may be used by the Secretary
to provide grants to Indian tribes and migrant and seasonal farmworker
organizations for the purpose of providing employment assistance to
Native Americans and migrant and seasonal farmworkers in accordance
with this subchapter.
(c) Period of Grants.--A grant received under subsection (a) or
(b), as the case may be, may extend for a period of not more than 5
fiscal years. The payments under such grant shall be subject to annual
approval of the Secretary and the availability of appropriations for
each fiscal year.
SEC. 10013. ALLOCATION.
In providing grants to States under section 10012 for a fiscal
year, the Secretary shall, to the extent practicable, allocate the
amount appropriated for such fiscal year as follows:
(1) 33\1/3\ percent shall be allocated on the basis of the
relative number of unemployed individuals residing in areas of
substantial unemployment within each State as compared to the
total number of such unemployed individuals in all such areas
of substantial unemployment in all States.
(2) 33\1/3\ percent shall be allocated on the basis of the
relative excess number of unemployed individuals within each
State as compared to the total excess number of unemployed
individuals in all States.
(3) 33\1/3\ percent shall be allocated on the basis of the
relative number of economically disadvantaged adults within
each State as compared to the total number of economically
disadvantaged adults in all States.
SEC. 10014. APPLICATION.
The Secretary may provide a grant to a State under section 10012
only if such State submits to the Secretary an application which
contains such information as the Secretary may reasonably require,
including a description of the program to be established by the State
under section 10015.
SEC. 10015. USE OF AMOUNTS.
(a) Establishment of Employment Assistance Program.--
(1) In general.--The Secretary may provide a grant to a
State under section 10012 only if such State agrees that it
will use all amounts received from such grant to establish a
program to provide employment assistance to eligible
individuals described in paragraph (2).
(2) Eligible individuals.--An individual shall be eligible
to receive employment assistance under the program if such
individual--
(A) has attained the age of 14 and is economically
disadvantaged;
(B)(i) has been terminated or laid off or who has
received a notice of termination or layoff from
employment, is eligible for or has exhausted
entitlement to unemployment compensation, and is
unlikely to return to the individual's previous
industry or occupation;
(ii) has been terminated, has received notice of
termination, or has reason to believe that such
individual will be terminated or receive notice of
termination or lay off from employment, as a result of
any permanent closure of or any substantial layoff at a
plant, facility, or enterprise; or
(iii) was self-employed (including farmers and
ranchers) and is unemployed as a result of general
economic conditions in the community in which the
individual resides or because of natural disasters,
subject to regulations prescribed by the Secretary;
(C) is an individual with a disability;
(D) is a member of the Armed Forces who is being
separated under other than adverse conditions;
(E) is a veteran who is unemployed; or
(F) is a displaced homemaker.
(b) Conduct of Program.--In carrying out the program described in
subsection (a), the State shall meet the following requirements:
(1)(A) The State shall ensure the profiling and evaluation
of eligible individuals for the purpose of determining the
amount of employment assistance services, including, subject to
subparagraph (B), the amount of supportive services, if
appropriate, to be provided to such individuals. In profiling
and evaluating such individuals, the State shall classify
individuals in 1 of the following 3 categories:
(i) Job-ready and in need of placement services.
(ii) Job-ready and in need of remedial skills
enhancement.
(iii) Non-job-ready and in need of remedial
education.
(B) The State shall ensure that eligible individuals
receive information relating to the provision of supportive
services from sources other than under this subchapter for the
purpose of participating in the program under this subchapter.
(2) The State shall provide appropriate employment
assistance services to eligible individuals based upon the
classification of the individual in the categories described in
clauses (i) through (iii) of paragraph (1)(A). Such assistance
may not be used to provide stipends or direct payments to
individuals for participation in the program, including
payments for supportive services, except that such assistance
may include payments for transportation costs, based on need,
of such individuals for participation in the program.
(3) The State shall monitor the rate at which individuals
in the program successfully obtain employment after separation
from the program in accordance with the following criteria:
(A) With respect to individuals classified in the
category described in paragraph (1)(A)(i), employment
for a period of not less than 6 months under which--
(i) the individual works an average of at
least 35 hours per week; and
(ii) the individual receives wages equal to
not less than 65 percent of the average wages
received for employment during the 2-year
period ending on the date of enrollment in the
program.
(B) With respect to individuals classified in the
category described in paragraph (1)(A)(ii)--
(i) demonstration of proficiency of those
skill areas of the individual assessed as
deficient; and
(ii) employment for a period of not less
than 6 months in accordance with the
requirements described in subparagraph (A).
(C) With respect to individuals classified in the
category described in paragraph (1)(A)(iii)--
(i) demonstration of proficiency in
education and skills commensurate with a high
school degree; and
(ii) employment for a period of not less
than 6 months in accordance with the
requirements described in subparagraph (A).
(4) The State shall, to the extent practicable, establish
one-stop-shop centers throughout the State at which eligible
individuals are provided information on the various types of
employment assistance services available under the program and
at which such individuals are profiled and evaluated in
accordance with paragraph (1)(A).
(c) Discretionary Activities.--In carrying out the program
described in subsection (a), the State may carry out the following
activities:
(1) The State may allow eligible individuals to participate
in education and job search activities for non-traditional
employment.
(2) The State may establish a State employment coordinating
council (or designate a similar existing council) which will--
(A) study the emerging economic and employment
trends, job creation opportunities, and other
employment and job training needs of individuals in the
State;
(B) based upon the study conducted under
subparagraph (A), propose additional appropriate
activities to be carried out under the program; and
(C) report the results of the study conducted under
subparagraph (A) and the proposed additional
appropriate activities under subparagraph (B) to--
(i) the State agency responsible for
carrying out the program;
(ii) the Governor; and
(iii) the State legislature.
SEC. 10016. REPORTS.
(a) Report to the Secretary.--Not later than 1 year after the date
on which a State receives amounts from a grant under section 10012, and
in each subsequent fiscal year in which the State receives amounts from
such grant, the State shall submit to the Secretary a report
containing--
(1) the total number of individuals who applied for
participation in the program in the fiscal year;
(2) the total number of individuals enrolled in the program
in the fiscal year and the total number of individuals who have
re-enrolled in the program for such fiscal year;
(3) the period of time spent in the program by individuals
who have separated from the program and the rate at which such
individuals successfully obtained employment after such
separation in accordance with the criteria described in
subparagraphs (A) through (C) of section 10015(b)(3); and
(4) any other appropriate information requested by the
Secretary.
(b) Report to Congress.--The Secretary shall annually submit to the
Congress a report containing--
(1) a compilation of the information contained in the
reports received by the Secretary under subsection (a); and
(2) an evaluation of the block grant program under this
subchapter.
SEC. 10017. REDUCTION OR TERMINATION OF PAYMENTS UNDER GRANT.
(a) Determination of Success in Placing Individuals in
Employment.--
(1) In general.--The Secretary shall determine, based upon
the information contained in the reports submitted by a State
under section 10016(a), whether or not the State has been
successful in placing individuals in employment during each 2-
year period under the program.
(2) Criteria.--In making a determination under paragraph
(1), the Secretary shall take into consideration appropriate
criteria, including the general economic conditions of the
State during the 2-year period referred to in such paragraph.
(b) Reduction or Termination of Payments.--If the Secretary
determines under subsection (a) that a State has not been successful in
placing individuals in employment during any 2-year period under the
program, the Secretary may--
(1) reduce the amount of payments under the grant to such
State for subsequent fiscal years; or
(2) terminate payments under the grant to such State.
(c) Continuation of Payments.--The Secretary may reinstate payments
or increase payments under a grant with respect to a State that the
Secretary has determined under subsection (a) has not been successful
in placing individuals in employment in accordance with subsection (b),
if the Secretary subsequently determines that such State has
implemented appropriate modifications to the program.
SEC. 10018. DEFINITIONS.
For the purposes of this chapter, the following definitions apply:
(1) Area of substantial unemployment.--The term ``area of
substantial unemployment'' means any area which has an average
rate of unemployment of at least 6.5 percent for the most
recent twelve months as determined by the Secretary.
Determinations of areas of substantial unemployment shall be
made once each fiscal year.
(2) Economically disadvantaged.--The term ``economically
disadvantaged'' means an individual who--
(A) receives, or is a member of a family which
receives, cash welfare payments under a Federal, State,
or local welfare program;
(B) has, or is a member of a family which has,
received a total family income for the six-month period
prior to application for the program involved
(exclusive of unemployment compensation, child support
payments, and welfare payments) which, in relation to
family size, was not in excess of the higher of--
(i) the official poverty line (as defined
by the Office of Management and Budget, and
revised annually in accordance with section
673(2) of the Omnibus Budget Reconciliation Act
of 1981 (42 U.S.C. 9902(2)); or
(ii) 70 percent of the lower living
standard income level;
(C) is receiving (or has been determined within the
6-month period prior to the application for the program
involved to be eligible to receive) food stamps
pursuant to the Food Stamp Act of 1977;
(D) qualifies as a homeless individual under
subsections (a) and (c) of section 103 of the Stewart
B. McKinney Homeless Assistance Act;
(E) is a foster child on behalf of whom State or
local government payments are made;
(F) in cases permitted by regulations of the
Secretary, is an individual with a disability whose own
income meets the requirements of subparagraph (A) or
(B), but who is a member of a family whose income does
not meet such requirements; or
(G) is an individual meeting appropriate criteria
approved by the State.
(3) Individual with a disability.--The term ``individual
with a disability'' means an individual who has a physical or
mental disability which for such individual constitutes or
results in a substantial handicap to employment.
(4) Low-income level.--The term ``low-income level'' means
$7,000 with respect to income in 1969, and for any later year
means that amount which bears the same relationship to $7,000
as the Consumer Price Index for that year bears to the Consumer
Price Index for 1969, rounded to the nearest $1,000.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, the Federated States
of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
(7) Unemployed individuals.--The term ``unemployed
individuals'' means individuals who are without jobs and who
want and are available for work. The determination of whether
individuals are without jobs shall be made in accordance with
the criteria used by the Bureau of Labor Statistics of the
Department of Labor in defining individuals as unemployed.
(8) Veteran.--The term ``veteran'' means an individual who
served in the active military, naval, or air service, and who
was discharged or released therefrom under conditions other
than dishonorable.
(9) Vocational education.--The term ``vocational
education'' means organized educational programs offering a
sequence of courses which are directly related to the
preparation of individuals in paid or unpaid employment in
current or emerging occupations requiring other than a
baccalaureate or advanced degree. Such programs shall include
competency-based applied learning which contributes to an
individual's academic knowledge, higher-order reasoning, and
problem-solving skills, work attitudes, general employability
skills, and the occupational-specific skills necessary for
economic independence as a productive and contributing member
of society. Such term also includes applied technology
education.
(10) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent either--
(i) on public assistance and whose youngest
child is within 2 years of losing eligibility
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.); or
(ii) on the income of another family member
but is no longer supported by that income; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
(11) Nontraditional employment.--The term ``nontraditional
employment'' means occupations or fields of work where women or
men, as the case may be, comprise less than 25 percent of the
individuals employed in such occupation or field of work.
SEC. 10019. TRANSFER OF FUNDS.
Notwithstanding any other provision of law, any amounts
appropriated to carry out any provision of law specified in part 2 of
chapter 2 which are not obligated or expended on or after the end of
the first fiscal year beginning after the date of the enactment of this
subchapter shall be made available to carry out this subchapter.
SEC. 10020. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this chapter $8,000,000,000 for each of the fiscal years 1997
through 2001.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) are authorized to
remain available until expended.
CHAPTER 2--CONSOLIDATION AND REPEAL OF CERTAIN FEDERAL EMPLOYMENT
ASSISTANCE PROGRAMS
PART 1--CONSOLIDATION OF PROGRAMS
SEC. 10031. CERTAIN COMMUNITY-BASED PROJECTS REGARDING HEALTH CARE FOR
THE HOMELESS; CONFORMING AMENDMENT REGARDING PUBLIC LAW
102-321.
The Stewart B. McKinney Homeless Assistance Act (Public Law 100-77)
is amended by striking section 612 (relating to homeless individuals
with chronic mental illness).
SEC. 10032. CERTAIN EMPLOYMENT-RELATED PROGRAMS UNDER REHABILITATION
ACT OF 1973.
(a) Supported Employment for Individuals With Most Severe
Disabilities.--Section 101(a) of the Rehabilitation Act of 1973 (29
U.S.C. 721(a)) is amended--
(1) in paragraph (5), by amending subparagraph (B) to read
as follows:
``(B) provide satisfactory assurances to the Commissioner that the
State has studied and considered a broad variety of means for providing
services to individuals with the most severe disabilities, including
the provision of services leading to supported employment; and''; and
(2) by amending paragraph (25) to read as follows:
``(25) provide assurances satisfactory to the Secretary that the
State has an acceptable plan for developing a collaborative program
with appropriate entities to provide supported employment services for
individuals with the most severe disabilities who require supported
employment services to enter or retain competitive employment;''.
(b) Special Recreation Activities and Services.--
(1) In general.--Section 101(a)(12) of the Rehabilitation
Act of 1973 (29 U.S.C. 721(a)(12)) is amended--
(A) in subparagraph (A), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (B), by adding ``and'' after
the semicolon at the end; and
(C) by adding at the end the following
subparagraph:
``(C) provide for entering into agreements with the operators of
community rehabilitation programs or to make awards of grants or
contracts to nonprofit private organizations, for the provision of
special recreation activities and services, that are, whenever
possible, provided in settings with peers who are not individuals with
disabilities;''.
(2) Scope of services.--Section 103(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 723(a)) is amended--
(A) in paragraph (15), by striking ``and'' after
the semicolon at the end;
(B) in paragraph (16), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following paragraph:
``(17) special recreation activities and services.''.
(c) Projects With Industry.--Section 101(a) of the Rehabilitation
Act of 1973 (29 U.S.C. 721(a)) is amended--
(1) in paragraph (35), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (36), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following paragraph:
``(37) provide satisfactory assurances to the Commissioner that the
State has awarded grants to individual employers, community
rehabilitation program providers, labor unions, trade associations,
Indian tribes, tribal organizations, designated States units, and other
entities that are jointly financed to create and expand job and career
opportunities for individuals with disabilities, which provide training
in realistic work settings, job placements, development and
modification of jobs and career opportunities, and distribution of
rehabilitation technology, including necessary support services.''.
(d) Definitions.--Section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 706) is amended by adding at the end the following paragraph:
``(36) The term `special recreation activities and services' means
activities and services that provide individuals with disabilities with
recreational activities and related experiences to aid in the
employment, mobility, socialization, independence, and community
integration of such individuals. These may include, but are not limited
to, vocational skills development, leisure education, leisure
networking, leisure resource development, physical education and
sports, scouting and camping, 4-H activities, music, dancing,
handicrafts, art, and homemaking.''.
(e) Conforming Provisions.--
(1) Repeals.--The Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.) is amended by striking the following provisions:
(A) Subsection (c) of section 311.
(B) Section 316.
(C) Parts B and C of title VI.
(2) Funding.--Section 100(b)(1) of the Rehabilitation Act
of 1973 (29 U.S.C. 720(b)(1)) is amended by adding at the end
the following: ``(For fiscal year 1996, in determining the
amount to be appropriated under the preceding sentence, the
amount appropriated for fiscal year 1995 under this subsection
is deemed to be the sum of the aggregate amount appropriated
for carrying out section 311(c), section 316, and parts B and C
of title VI and the amount actually appropriated under this
subsection for fiscal year 1994.)''.
(3) Redesignations; cross-references.--The Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.) is amended--
(A) in section 101(a)(5)(A), by striking
``including individuals served under part C of title VI
of this Act'';
(B) in section 310, by striking ``sections 311(d),
311(e), 312, and 316'' and inserting ``sections 311(c),
311(d), and 312'';
(C) in section 311, by redesignating subsections
(d) through (f) as subsections (c) through (e),
respectively;
(D) in title VI, by redesignating part D as part B;
and
(E) in section 802(j)--
(i) in paragraph (1), by striking
``Consistent with'' and all that follows
through ``the Commissioner may'' and inserting
``The Commissioner may''; and
(ii) in paragraph (3)(B), by striking
clause (ii) and redesignating clauses (iii)
through (vi) as clauses (ii) through (v),
respectively.
PART 2--REPEAL OF PROGRAMS
SEC. 10041. HIGHER EDUCATION FOR STUDENTS FROM MIGRANT AND SEASONAL
FARMWORKER FAMILIES.
Subpart 5 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070d-2) is repealed.
SEC. 10042. CERTAIN VETERANS PROGRAMS.
(a) Disabled Veterans Outreach Program and Local Veterans
Employment Representative Program.--Sections 4103A, 4104, and 4104A of
title 38, United States Code, are repealed.
(b) Homeless Veterans Reintegration Project.--Section 738 of Public
Law 100-77 (42 U.S.C. 11448) is repealed.
(c) Conforming Amendments.--(1) Section 3117(a)(2) of title 38,
United States Code, is amended--
(A) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(B) by inserting ``and'' after the semicolon at the end of
subparagraph (A).
(2) Section 3672(d) of title 38, United States Code, is amended by
striking ``and shall utilize'' and all that follows through the end
thereof and inserting in lieu thereof a period.
(3) Section 4102A(b) of title 38, United States Code, is amended--
(A) by inserting ``and'' at the end of paragraph (4);
(B) by striking paragraphs (5) and (7) of subsection (b);
(C) by redesignating paragraph (6) as paragraph (5) and in
that paragraph by striking ``; and'' and inserting a period;
and
(D) by striking subsection (c).
(4) Section 4106(a) of title 38, United States Code, is amended--
(A) in the fifth sentence--
(i) by striking ``in all of the States for the
purposes specified in paragraph (5) of section 4102A(b)
of this title and''; and
(ii) by striking ``sections.'' and inserting
``section.''; and
(B) in the sixth sentence, by striking ``and of the
proposed numbers, by State, of disabled veterans' outreach
program specialists appointed under section 4103A of this title
and local veterans' employment representatives assigned under
section 4104 of this title,''.
(5) Section 4107(c) of title 38, United States Code, is amended--
(A) by inserting ``and'' at the end of paragraph (3);
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph (4) and in
that paragraph--
(i) by striking ``including an evaluation of the
effectiveness of such programs during such program year
in meeting the requirements of section 4102A(b) of this
title,''; and
(ii) by striking ``(including'' and all that
follows through ``representatives)''.
(6) Section 739(b) of Public Law 100-77 (42 U.S.C. 11449) is
amended by striking ``other than section 738 and for the program under
section 738''.
(7) The table of sections for chapter 41 of title 38, United States
Code, is amended by striking the items relating to sections 4103A,
4104, and 4104A.
SEC. 10043. FOSTER GRANDPARENT AND SENIOR COMPANION PROGRAMS AND
PROGRAMS UNDER OLDER AMERICANS ACT OF 1965.
(a) Foster Grandparent and Senior Companion Programs.--The Domestic
Volunteer Service Act (42 U.S.C. 4950 et seq.) is amended--
(1) in section 200--
(A) in paragraph (1) by inserting ``and'' at the
end,
(B) in paragraph (2) by striking the semicolon at
the end and inserting a period, and
(C) by striking paragraphs (3) and (4),
(2) in title II--
(A) by striking parts B and C, and
(B) in part D--
(i) by redesignating such part as part B,
(ii) in sections 221 and 225 by striking
``parts A, B, and C'' each place it appears and
inserting ``part A'', and
(iii) by redesignating part E as part C,
(3) in section 416(f)(2) by striking ``parts (B) and'' and
inserting ``part'',
(4) in section 421--
(A) by striking paragraphs (9), (10), (17), and
(18), and
(B) in paragraph (14) by striking ``(B), (C), and
(E)'' and inserting ``and (C)'',
(5) in section 502--
(A) by striking subsections (b) and (c), and
(B) in subsection (d)--
(i) by striking ``part E'' and inserting
``part C'', and
(ii) by redesignating such subsection as
subsection (c), and
(6) in section 503(d) by striking ``part E'' and inserting
``part C''.
(b) Amendment to the Older Americans Act of 1965.--Title V of the
Older Americans Act of 1965 (42 U.S.C. 3056-3056i) is repealed.
SEC. 10044. JOB TRAINING PARTNERSHIP ACT.
(a) In General.--The Job Training Partnership Act (29 U.S.C. 1501
et seq.), except sections 421 through 439 of such Act (29 U.S.C. 1691
et seq.) (relating to the Job Corps), is hereby repealed.
(b) Conforming Amendments to Job Corps.--The Job Training
Partnership Act (29 U.S.C. 1501 et seq.) is amended--
(1) by redesignating sections 421 through 439 as sections 1
through 20, respectively;
(2) in section 1 (as redesignated), by striking ``part''
each place it appears and inserting ``Act'';
(3) in section 3(4) (as redesignated), by striking
``sections 424 and 425'' and inserting ``sections 4 and 5'';
(4) in section 4 (as redesignated)--
(A) in subsection (a), by striking ``entities
administering programs under title II of this Act,'';
and
(B) in subsection (b), by striking ``part'' and
inserting ``Act'';
(5) in section 6 (as redesignated)--
(A) in subsection (a), by striking ``section 428''
and inserting ``section 8''; and
(B) by striking subsection (d);
(6) in section 7 (as redesignated)--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(7) in section 13 (as redesignated)--
(A) in subsection (a)(4), by striking ``part'' and
inserting ``Act'';
(B) in subsection (c)(1), by striking ``and
activities authorized under sections 452 and 453''; and
(C) in subsection (e), by striking ``section 431''
and inserting ``section 11'';
(8) in section 14 (as redesignated)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``section 427'' and inserting
``section 7''; and
(ii) in paragraph 4(A), by striking
``section 428'' and inserting ``section 8'';
(B) in subsection (c)(3), by striking ``section
423'' and inserting ``section 3'';
(C) in subsection (d), by striking ``sections 424
and 425'' and inserting ``sections 4 and 5''; and
(D) in subsection (e), by striking ``, pursuant to
section 452(d),'';
(9) in section 16 (as redesignated), by striking ``part''
each place it appears and inserting ``Act'';
(10) in section 19 (as redesignated), by striking ``part''
each place it appears and inserting ``Act'';
(11) in section 20 (as redesignated), by striking ``part''
and inserting ``Act''; and
(12) by adding at the end the following new section:
``SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act--
``(1) $1,098,000,000 for fiscal year 1997;
``(2) $1,128,000,000 for fiscal year 1998;
``(3) $1,158,000,000 for fiscal year 1999;
``(4) $1,189,000,000 for fiscal year 2000; and
``(5) $1,221,000,000 for fiscal year 2001.''.
SEC. 10045. APPALACHIAN VOCATIONAL AND OTHER EDUCATION FACILITIES AND
OPERATIONS PROGRAM.
Section 211 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App. 211) is repealed.
SEC. 10046. TARGETED JOBS CREDIT.
(a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by striking subpart F
(relating to rules for computing targeted jobs credit).
(b) Technical Amendments.--
(1) Subsection (b) of section 38 of such Code is amended by
striking paragraph (2) and by redesignating the succeeding
paragraphs accordingly.
(2) The table of subparts for part IV of subchapter A of
chapter 1 of such Code is amended by striking the item relating
to subpart F.
SEC. 10047. SERVICE MEMBERS OCCUPATIONAL CONVERSION AND TRAINING ACT OF
1992.
The Service Members Occupational Conversion and Training Act of
1992 (10 U.S.C. 1143 note) is repealed.
SEC. 10048. ADULT EDUCATION PROGRAMS.
The Adult Education Act (20 U.S.C. 1201 et seq.) is repealed.
SEC. 10049. VOCATIONAL EDUCATION PROGRAMS.
The Carl D. Perkins Vocational and Applied Technology Education Act
(20 U.S.C. 2301 et seq.) is repealed.
SEC. 10050. NATIONAL LITERACY PROGRAMS.
The National Literacy Act of 1991 (20 U.S.C. 1211-2) is repealed.
SEC. 10051. INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES
DEMONSTRATION PROGRAM.
The Indian Employment, Training and Related Services Demonstration
Act of 1992 (25 U.S.C. 3401 et seq.) is repealed.
SEC. 10052. SPECIAL PROVISIONS RELATING TO INDIAN TRIBES.
Subsection (i) of section 682 of the Social Security Act (42 U.S.C.
682(i)) is repealed.
SEC. 10053. LITERACY CORPS.
Section 109 of the Domestic Volunteer Service Act of 1973 (42
U.S.C. 4959) is repealed.
SEC. 10054. MISCELLANEOUS REPEALERS.
The following provisions of law are hereby repealed:
(1) The Act of June 6, 1933 (29 U.S.C. 49 et seq.; commonly
referred to as the ``Wagner-Peyser Act'').
(2) Subtitle A of title VII of Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.).
(3) Subtitle C of title VII of Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11441 et seq.).
(4) Chapter 2 of title II of the Trade Act of 1974 (19
U.S.C. 2271 and following) and the items relating to such
chapter in the table of contents of such Act.
(5) Section 402 of the Homeownership and Opportunity
Through HOPE Act (42 U.S.C. 12870).
(6) Section 204 of the Immigration Reform and Control Act
of 1986 (8 U.S.C. 1255a note).
Subtitle B--Department Reform
CHAPTER 1--SHORT TITLE; FINDINGS; AND PURPOSE
SEC. 10101. SHORT TITLE.
This subtitle may be cited as the ``Back to Basics Education Reform
Act''.
SEC. 10102. FINDINGS.
The Congress finds the following:
(1) Principles of federalism embodied in the Constitution
of the United States entrust authority over issues of
educational policy to the States and the people and a Federal
Department of Education is inconsistent with such principles.
(2) Tradition and experience dictate that the governance
and management of schools in the United States are best
performed by parents, teachers and communities.
(3) The intrusion by the Department of Education into
education policy has not benefited the quality of education in
this nation.
(4) The Department of Education has weakened the ability of
parents to make essential decisions about their children's
education and has undermined the capacity of communities to
govern their schools.
(5) In the 15 years of its existence, the Department of
Education has grown from 130 programs and a budget of $14
billion to over 240 separately authorized programs which cost
almost $32 billion annually. Meanwhile, education performance
has stagnated or deteriorated.
(6) Since 1980, the year the Federal role in education was
elevated to department status, the graduation rate has dropped
1.3 percent. Only 71.2 percent of students who enroll in the
ninth grade now graduate from high school.
(7) The Department of Education has fostered over-
regulation, standardization, bureaucratization, and litigation
in United States education.
(8) The Department of Education expends large amounts of
money on its own maintenance and overhead. As an organization,
it is inefficient, ill-managed, and wasteful.
(9) Recent tests reflect poor results in mathematics and
reading for American students compared with students from other
nations.
(10) Only through initiatives led by parents and local
communities with the power to act can the United States elevate
educational performance toward an acceptable level.
(11) The Department of Education has been hostile to many
promising reform ideas.
SEC. 10103. PURPOSES.
The purposes of this subtitle are--
(1) to improve the quality of elementary and secondary and
higher education programs in the Nation.
(2) to return the responsibility and authority for
education to parents, teachers, communities, students, and
States, and provide them greater control over education
spending.
(3) to ensure that the Federal Government does not
overregulate and interfere in the decisionmaking of parents,
local communities, teachers, and students regarding education.
(4) to ensure that Americans are able to compete in the
global economy of the 21st century.
CHAPTER 2--ABOLITION OF DEPARTMENT OF EDUCATION
Subchapter A--Transfer of Functions to Office in Department of Health
and Human Services
SEC. 10111. ABOLITION OF DEPARTMENT.
The Department of Education is abolished.
SEC. 10112. ESTABLISHMENT AND SUNSET OF OFFICE OF ECONOMIC
OPPORTUNITIES IN THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES, AND TRANSFER OF FUNCTIONS.
(a) Establishment of Office.--There is established in the
Department of Health and Human Services the Office of Economic
Opportunities.
(b) Director.--
(1) In general.--There shall be at the head of the Office a
Director for Economic Opportunities, who shall be appointed by
the President and confirmed with the advice and consent of the
Senate. The Office shall be administered under the supervision
and direction of the Assistant Secretary for the Administration
for Families and Children. The Director for Economic
Opportunities shall receive compensation at the rate prescribed
for level V of the Executive Schedule under section 5315 of
title 5, United States Code.
(2) Initial appointment of administrator.--Notwithstanding
any other provision of this subtitle or any other law, the
President may, at any time after the date of the enactment of
this Act, appoint an individual to serve as Director of
Economic Opportunities, as such position is established under
paragraph (1). An appointment under this paragraph may not be
construed to affect the position of Secretary of Education or
the authority of the Secretary before the effective date
specified in section 10119(a).
(c) Duties.--The Director shall be responsible for--
(1) the administration of all functions of the Office
pursuant to section 10112 and other provisions of law;
(2) the administration and wind-up of any outstanding
obligations of the Federal Government under any programs
terminated or repealed by this subtitle; and
(3) taking such other actions as may be necessary to wind
up any outstanding affairs of the Department of Education and
the Office.
(d) Transfer of Functions.--Except as otherwise provided in this
subtitle, the Director shall perform all functions that, immediately
before the effective date of this section under section 10119(a), were
functions of the Department of Education (or any office of the
Department) or were performed by the Secretary of Education or any
other officer or employee of the Department in the capacity as such
officer or employee.
(e) Abolition of Office.--The Office and all of its functions are
abolished effective upon the expiration of the authorization for the
programs under its jurisdiction.
SEC. 10113. PRINCIPAL OFFICERS.
(a) Directors.--There shall be in the Office--
(1) an Assistant Director of Childhood Schooling; and
(2) an Assistant Director of Advanced Schooling.
(b) Appointment.--Each of the Assistant Directors in the Office of
Economic Opportunities shall be appointed by the Secretary of Health
and Human Services.
SEC. 10114. CONTINUATION OF SERVICE OF DEPARTMENT OFFICER.
(a) Continuation of Service of Secretary.--The individual serving
as the Secretary of Education on the effective date of this chapter may
serve as Director until the date an individual is appointed under this
chapter to the position of Director, or until the end of the 120-day
period provided for in section 3348 of title 5, United States Code
(relating to limitations on the period of time a vacancy may be filled
temporarily), whichever is earlier.
(b) Compensation for Continued Service.--Any individual who acts as
the Director under subsection (a) after the effective date of this
chapter and before the first appointment of a person to such position
after such date shall be compensated pursuant to section 10112(b)(1)
for so serving or acting.
SEC. 10115. REORGANIZATION.
The Secretary of Health and Human Services may allocate or
reallocate any function of the Office pursuant to this subtitle among
the officers of the Office, and may, in accordance with the transfer of
functions by this subtitle, consolidate, alter, or discontinue in the
Office any organizational entities that were entities of the Department
of Education, as the Secretary of Health and Human Services considers
necessary or appropriate. Notwithstanding any other provision of law,
the Secretary of Health and Human Services may not transfer any
function or personnel of the Office to any agency outside of the
Office.
SEC. 10116. PLAN FOR WINDING UP AFFAIRS.
Not later than the effective date specified in section 10119, the
President shall submit to the Congress a plan for winding up the
affairs of the Department of Education in accordance with this
subtitle.
SEC. 10117. GAO REPORT.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Congress a report which shall include recommendations for the most
efficient means of achieving, in accordance with this subtitle--
(1) the complete abolition of the Department of Education;
and
(2) the termination or transfer or other continuation of
functions of the Department of Education.
SEC. 10118. CONFORMING AMENDMENTS.
(a) Presidential Succession.--Section 19(d)(1) of title 3, United
States Code, is amended by striking ``Secretary of Education,''.
(b) Executive Departments.--Section 101 of title 5, United States
Code, is amended by striking the following item: ``The Department of
Education.''.
(c) Secretary's Compensation.--Section 5312 of title 5, United
States Code, is amended by striking the following item: ``Secretary of
Education.''.
(d) Compensation for Positions at Level II.--Section 5313 of title
5, United States Code, is amended by striking the following item:
``Deputy Secretary of Education.''.
(e) Compensation for Positions at Level III.--Section 5314 of title
5, United States Code, is amended by striking the following item:
``Under Secretary of Education.'';
(f) Compensation for Positions at Level IV.--Section 5315 of title
5, United States Code, is amended--
(1) by striking the following items: ``Assistant
Secretaries of Education (10). ``General Counsel, Department of
Education. ``Inspector General, Department of Education.'';
(2) by striking the following item: ``Chief Financial
Officer, Department of Education.''; and
(3) by striking the following item: ``Liaison for Community
and Junior Colleges, Department of Education.''.
(g) Compensation for Positions at Level V.--Section 5316 of title
5, United States Code, is amended by striking the following item:
``Additional officers, Department of Education (4).''.
(h) Inspector General Act of 1978.--The Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in section 9(a)(1), by striking subparagraph (D);
(2) in section 11(1), by striking ``Education,''; and
(3) in section 11(2), by striking ``Education,''.
SEC. 10119. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this chapter
shall take effect on the date that is one year after the date of
enactment of this Act.
(b) Initial Appointment of Director.--The following provisions of
this chapter shall take effect on the date of enactment of this Act:
(1) Section 10116.
(2) Section 10117.
SEC. 10120. LIMITATION ON EXPENDITURES.
The amount expended by the United States each fiscal year for the
administration of a function transferred by this subtitle shall not
exceed 70 percent of the total amount expended for the administration
of that function during fiscal year 1995.
CHAPTER 3--EDUCATION PROGRAMS
Subchapter A--Elementary and Secondary Education
PART I--ELEMENTARY AND SECONDARY EDUCATION BLOCK GRANT PROGRAM
SEC. 10131. GOALS OF ELEMENTARY AND SECONDARY EDUCATION BLOCK GRANT
PROGRAM.
The Director of the Office of Economic Opportunities under the
Administration for Children and Families in the Department of Health
and Human Services is authorized to provide the Governor of each State
that complies with the requirements of section 10133 a grant in an
amount determined under section 10135.
SEC. 10132. PROGRAM AUTHORIZED.
Each State shall, subject to the requirements of this subtitle and
appropriations Acts, receive a grant under
this subtitle in each fiscal year to carry out the purposes of this
subtitle.
SEC. 10133. STATE ELIGIBILITY.
(a) In General.--To be eligible to receive a grant under this
subtitle, a State shall submit an application to the Director of
Economic Opportunities which contains the assurances required by this
chapter. Such application must be submitted at such time, in such form
and manner as the Director may reasonably require.
(b) Assurances.--Such application shall include the following
assurances:
(1) Improve education.--The Governor shall use funds
received to improve education.
(2) Distribution.--The Governor shall establish a procedure
to distribute funds to local educational entities or to provide
services to children attending local educational entities.
(3) Assurances from local educational entities.--The
Governor shall require a local educational entity that seeks
funds under this chapter to provide assurances that--
(A) funds will be used to improve education;
(B) parents, members of the community, and
community leaders will be involved in decisionmaking at
the local level; and
(C) such entity that receives funds under this
chapter will comply with Federal civil rights laws.
SEC. 10134. GENERAL STATE REQUIREMENTS.
(a) Funds for Local Use.--
(1) In general.--Not less than 98 percent of the amount of
funds received by a State under this chapter shall be made
available to local educational entities.
(2) Local discretion.--A local educational entity that
receives funds from a State will have the discretion to spend
funds received from the State to develop programs that improve
education.
(b) Administrative Costs.--Not more than 2 percent of funds
received under this chapter may be used by a State or a local
educational entity for administrative purposes.
SEC. 10135. AMOUNT OF STATE ALLOTMENT.
(a) In General.--Except as provided in subsections (b) and (c),
there shall be allotted to each State, which for purposes of this
section shall not include the territories, an amount which bears the
same ratio to the amount of funds appropriated for this chapter in any
fiscal year as the population of children, aged 5 through 17 years of
age, of such State bears to the population of such children of all the
States.
(b) State Minimum.--Of the total amount appropriated to carry out
this subtitle in any fiscal year each State shall receive not less than
one quarter of one percent of such amounts.
(c) Set Aside for Territories.--Of the amount allotted under
subsection (a), the Director shall allot not more than one quarter of
one percent among Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, and the Virgin Islands.
SEC. 10136. LOCAL FISCAL ACCOUNTABILITY.
A local educational entity that receives funds from a State under
this subtitle in any fiscal year shall be required to make reasonably
available--
(1) a proposed budget regarding how such funds shall be
used; and
(2) an accounting of the actual use of such funds at the
end of such entity's fiscal year.
SEC. 10137. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) Secular, Neutral, Nonideological.--Any educational services or
other benefits, including materials and equipment, provided to children
enrolled in private schools shall be secular, neutral, and
nonideological.
(b) Bypass.--
(1) In general.--If under law a State is prohibited from
providing for the participation under this chapter of eligible
children enrolled in private elementary and secondary schools,
the Office of Economic Opportunities, at the request of the
Governor, shall arrange for services for such children to the
extent consistent with the number of eligible children
identified under section 10135 in a local educational agency
who are enrolled in private elementary and secondary schools.
(2) Equitable services.--Services provided under this
section shall be equitable in comparison to services and other
benefits provided for public school children participating in
programs under this chapter.
(3) Reduction.--The amount of funds appropriated to the
State pursuant to section 10135 shall be reduced by the amount
necessary to carry out this section.
SEC. 10138. DEFINITIONS.
Except as otherwise provided, for the purposes of this subtitle,
the following terms have the following meanings:
(1) Director.--The term ``Director'' means the Director of
Economic Opportunities under the Administration for Children
and Families in the Department of Health and Human Services.
(2) Local educational entity.--The term ``local educational
entity'' means a local educational agency or public or a
private elementary or secondary school.
(2) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
SEC. 10139. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $9,000,000,000 for each of
the fiscal years 1998 through 2000 to carry out the programs authorized
under this subtitle.
PART II--OTHER ELEMENTARY AND SECONDARY EDUCATION PROGRAMS
SEC. 10141. AMENDMENTS AND REPEALS OF CERTAIN EDUCATION PROVISIONS.
(a) Elementary and Secondary Education Act of 1965.--
(1) In general.--Titles I, II, III, IV, V, VI, VII, X, XI,
XII, XIII, XIV, and parts B and C of title IX of the Elementary
and Secondary Education Act of 1965 are repealed.
(2) Impact aid.--(A) Section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended by
striking subsection (e) of such section.
(B) Except as provided under subparagraph (A), the programs
provided under title VIII of the Elementary and Secondary
Education Act of 1965 shall be administered by the Department
of Defense through the Assistant Secretary for Force Management
Policy.
(3) Indian education.--Part A of title IX of the Elementary
and Secondary Education Act of 1965 shall be administered by
the Department of the Interior through the Assistant Secretary
for Indian Affairs.
(b) Goals 2000: Educate America Act.--Goals 2000: Educate America
Act is repealed.
(c) School-to-Work Opportunities Act.--The School-to-Work
Opportunities Act is repealed.
(d) General Education Provisions Act.--Parts D and F, sections 422,
424, 425, 427, 428, 429, 433,
439, and 443, and paragraph (3) of section 431(a) of the General
Education Provisions Act are repealed.
(e) National Education Statistics Act of 1994.--The National
Education Statistics Act of 1994 is repealed.
(f) Effective Date.--The repeals and transfers made by subsections
(a), (b), (c), and (d) shall take effect on the date that is one year
after the date of enactment of this Act.
Subchapter II--Conforming Amendments to the Individuals with
Disabilities Education Act
SEC. 10142. AMENDMENTS TO PROVISIONS REFERENCING SECRETARY OF EDUCATION
AND DEPARTMENT OF EDUCATION.
(a) Transfer of Authority from Secretary of Education to Secretary
of Health and Human Services.--The Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) is amended in sections
602(a)(14), 611(f), and 684(b)(5) by striking ``Secretary of
Education'' each place such term appears and inserting ``Secretary of
Health and Human Services''.
(b) Transfer of Authority From Department of Education to
Department of Health and Human Services.--The Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) is amended in
sections 610 and 621(a)(3) by striking ``Department of Education'' each
place such term appears and inserting ``Department of Health and Human
Services''.
SEC. 10143. AMENDMENTS TO DEFINITIONS.
(a) Definition of Excess Costs.--Subparagraph (A) of section
602(a)(21) of the Individuals with Disabilities Education Act (20
U.S.C. 1401(a)(21)(A)) is amended to read as follows:
``(A) amounts received--
``(i) under this part, or
``(ii) under subchapter I of chapter 3 of
the Back to Basics Education Act, and''.
(b) Definition of Native Language.--Paragraph (22) of section
602(a) of the Individuals with Disabilities Education Act (20 U.S.C.
1401(a)(22)) is amended to read as follows:
``(22) The term `native language', when used with reference
to an individual of limited-English proficiency, means the
language normally used by the individual, or in the case of an
individual aged 3 through 21, the language normally used by the
parents of the individual.''.
SEC. 10144. TRANSFER OF ADMINISTERING AUTHORITY TO OFFICE OF ECONOMIC
OPPORTUNITIES.
The Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) is amended--
(1) by striking section 603 and inserting the following:
``office of economic opportunities
``Sec. 603. The Secretary of Health and Human Services, acting
through the Director for Economic Opportunities, shall administer and
carry out this subtitle. The Office of Economic Opportunities shall be
the principal agency in the Department of Health and Human Services for
administering and carrying out programs and activities concerning the
education and training of individuals with disabilities.'';
(2) in section 621(f)(1), by striking ``Office of Special
Education Programs'' and inserting ``Office of Economic
Opportunities''; and
(3) in section 685(b)(1), by striking ``Office of Special
Education Programs;'' and inserting ``Office of Economic
Opportunities;''.
SEC. 10145. OUTREACH SERVICES FOR CERTAIN INSTITUTIONS OF HIGHER
EDUCATION.
Subclause (II) of section 610(j)(2)(C)(ii) of the Individuals with
Disabilities Education Act (20 U.S.C. 1409(j)(2)(C)(ii)(II)) is amended
to read as follows:
``(II) institutions of higher education which have
an enrollment with includes a substantial percentage of
needy students (as determined by the Director) and the
average educational and general expenditures of which
are low, per full-time equivalent undergraduate
student, in comparison with the average educational and
general expenditures per full-time equivalent
undergraduate student of institutions that offer
similar instruction;''.
Subchapter III--Higher Education Programs
PART I--ELIMINATION AND REDUCTION OF PROGRAMS
SEC. 10151. REPEAL OF HIGHER EDUCATION LAWS.
(a) In General.--Except as provided in subsection (b) and (c), the
Higher Education Act of 1965 (20 U.S.C. 1001) is repealed effective one
year after the date of the enactment of this Act.
(b) Exceptions.--Subsection (a) shall not apply to the following:
(1) The first section, containing the short title of such
Act.
(2) Subpart 1 of part A of title IV, relating to Pell
Grants.
(3) Part B of such title, relating to the Federal Family
Education Loan Program.
(4) Part E of such title, relating to Perkins Loans.
(5) Parts F, G, and H of such title, relating to needs
analysis, general provisions, and the program integrity triad.
(6) Section 1201, relating to definitions.
(c) Continuing Authority To Collect Loans.--Subsection (a) shall
not affect the authority of the United States to collect any loan made
under any provision repealed by such subsection.
(d) Perkins Loans.--Section 461(b) of the Higher Education Act of
1965 is amended to read as follows:
``(b) Contributions Discontinued.--No funds are authorized to be
appropriated for fiscal year 1996 or any succeeding year for the
purpose of making contributions to student loan funds established under
this part.''.
(e) Limitation on Funds for Howard University.--Section 8 of the
Act of March 2, 1867 is amended--
(1) by inserting ``(a)'' after ``Sec. 8.''; and
(2) by adding at the end the following new subsection:
``(b) Notwithstanding subsection (a) and any provision of the
Howard University Endowment Act, the total amount that is authorized to
be appropriated pursuant to this section and such Endowment Act shall
not exceed the total amount appropriated pursuant to this section and
such Endowment Act for fiscal year 1995, and of such total amount--
``(1) not less than 30 percent of the amount appropriated
for fiscal year 1998 shall be appropriated for purposes of such
Endowment Act;
``(2) not less than 60 percent of the amount appropriated
for fiscal year 1999 shall be appropriated for purposes of such
Endowment Act; and
``(3) not less than 100 percent of the amount appropriated
for fiscal year 2000 shall be appropriated for purposes of such
Endowment Act.
Notwithstanding subsection (a) and any provision of the Howard
University Endowment Act, no funds are authorized to be appropriated
pursuant to this section or such Endowment Act for fiscal year 2001 or
any succeeding fiscal year.''.
SEC. 10152. AMENDMENT TO THE FEDERAL CREDIT REFORM ACT.
(a) Amendment.--Section 502(5)(B) of the Congressional Budget Act
is amended to read as follows:
``(B) The cost of a direct loan shall be the net
present value, at the time when the direct loan is
disbursed, of the following cash flows for the
estimated life of the loan--
``(i) loan disbursements;
``(ii) repayments of principal;
``(iii) payments of interest and other
payments by or to the Government over the life
of the loan after adjusting for estimated
defaults, prepayments, fees, penalties and
other recoveries; and
``(iv) in the case of a direct loan made
pursuant to a program for which the Office of
Management and Budget estimates that for the
coming fiscal year (or for any prior fiscal
year) loan commitments will equal or exceed
$5,000,000,000, direct expenses, including but
not limited to the following: expenses arising
from activities related to credit extension;
loan origination; loan servicing; technical
assistance; training; program promotion;
payments to contractors, other government
entities, and program participants; collection
of delinquent loans; and write-off and close-
out of loans.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to all fiscal years beginning on or after October 1, 1995, and to
statutory changes made on or after the date of enactment of this Act.
SEC. 10153. SALE OF FDSL LOAN PORTFOLIOS.
The Higher Education Act of 1965 Act (20 U.S.C. 1087h) is amended
by inserting after section 458 the following new section:
``SEC. 459. SALE OF FEDERAL DIRECT STUDENT LOAN PORTFOLIOS.
``(a) Auction Sales of Loan Portfolios.--The Secretary shall
conduct auctions to sell the outstanding portfolio of loans made
pursuant to this part. Such auctions shall consist of sales of
portfolios representative of the overall characteristics of the direct
loans held by the Secretary. Auctions shall be held for portfolios of
not less than $40,000,000 of loans per sale. The first sale of loans
shall take place not later than 120 days after the date of enactment of
this section, and shall not include Federal guarantees or reinsurance
against the contingency of borrower default, death, or disability.
``(b) Loan Terms Subject to Promissory Note.--Such loans shall be
subject to the terms and conditions as specified in the borrower
promissory note, and shall not be subject to further Federal
regulations pursuant to this subtitle.
``(c) Disposition of Proceeds.--All proceeds received as a result
of the auctions conducted pursuant to this part shall be returned to
the United States Department of the Treasury after deduction of
expenses incurred by the Department of Education in connection with the
auctions required pursuant to this section.''.
SEC. 10154. STUDENT LOAN PROGRAM; STATEMENT OF POLICY.
The Congress finds that the Federal student loan programs should be
reviewed to evaluate whether reforms need to be made to the programs
based on the principles of risk sharing, market-based orientation,
privatization, and deregulation.
SEC. 10155. ELIMINATION OF IN-SCHOOL INTEREST SUBSIDIES.
(a) Guaranteed Loans.--Section 428(a) of the Higher Education Act
of 1965 (20 U.S.C. 1078(a)) is amended by adding at the end the
following new paragraph:
``(8) Termination of interest subsidies.--Notwithstanding
paragraph (3), no portion of the interest shall be paid by the
Secretary under this subsection on any loan made on or after
October 1, 1995. Interest on the unpaid principal amount of any
such loan--
``(A) which accrues prior to the beginning of the
repayment period of the loan, or
``(B) which accrues during a period in which
principal need not be paid (whether or not such
principal is in fact paid) by reason of a provision
described in subsection (b)(1)(M) of this section or in
section 427(a)(2)(C),
shall, at the option of the borrower--
``(i) be paid monthly or quarterly, or
``(ii) be added by the lender to the principal
amount of the loan at the commencement of the repayment
period.''.
PART II--HIGHER EDUCATION BLOCK GRANT
SEC. 10161. PURPOSE.
It is the purpose of this part to authorize block grants to States
to assist institutions of higher education in order to improve access
to higher education and to improve the quality of educational programs.
SEC. 10162. DISTRIBUTION OF FUNDS.
(a) In General.--From the funds appropriated under section 10165,
the Director shall allocate to the Governor of each State that has
submitted the assurances
required by section 10163 an amount that bears the same ratio to the
amount so appropriated as the number of students enrolled in
institutions of higher education in such State bears to the total
number of students so enrolled in all the States.
(b) Exception for Small States.--Notwithstanding subsection (a), no
State shall be allocated less than 0.25 percent of the funds
appropriated under section 10165.
(c) Determination of Number of Students.--The Director shall
determine the number of students in each State on the basis of a
certification from the Governor of each State.
SEC. 10163. STATE ASSURANCES.
Any State seeking to obtain an allocation under section 10162 shall
submit to the Director an application that contains the following
assurances:
(1) The Governor of such State will establish a procedure
for the distribution of funds to participating institutions of
higher education.
(2) The Governor will use the funds obtained under this
part only for the improvement of higher education.
(3) The Governor will require each participating
institution to submit assurances to the State that they will
use funds obtained under this part only for the improvement of
higher education.
(4) The Governor will require each participating
institution to submit assurances that the institution will
comply with Federal civil rights laws.
SEC. 10164. USE OF FUNDS.
(a) In General.--Any funds obtained by a participating institution
under this part may, subject to the provisions of this part, be used
for any existing or new program.
(b) Limitation on Administrative Costs.--Not more than 2 percent of
the funds allocated to any State or institution under this chapter may
be used for administrative costs.
SEC. 10165. PUBLIC DISCLOSURE.
Institutions receiving funding under this chapter shall make
reasonably available to the community, parents, and students a listing
of the uses of such funds.
SEC. 10166. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$2,000,000,000 for each of fiscal years 1998 through 2000.
SEC. 10167. DEFINITIONS.
As used in this subtitle--
(1) unless otherwise provided, the terms used in this part
that are defined in section 1201 of the Higher Education Act of
1965 have the meanings provided in such section;
(2) the term ``State'' means the several States and the
District of Columbia; and
(3) the term ``Director'' means the Director of Economic
Opportunities in the Department of Health and Human Services.
Subchapter IV--Miscellaneous Provisions
SEC. 10171. CONSTRUCTION.
Notwithstanding the provisions of this subtitle, nothing in this
subtitle shall be construed to affect continued funding for Galludet
University, the American Printing House for the Blind, or the National
Institute for the Deaf at fiscal year 1995 levels through fiscal year
2000.
SEC. 10172. REGULATIONS.
For purposes of this chapter, the Secretary of Health and Human
Services shall consult with Congress before issuing regulations
regarding the grants provided under part I of subchapter A and part II
of subchapter C of this chapter and shall only issue regulations that
are necessary for the timely distribution of funds to the States.
SEC. 10173. CONSOLIDATED APPLICATION.
The Secretary of Health and Human Services shall provide for a
consolidated application for grants provided under part I of subchapter
A and part II of subchapter C of this chapter. Consolidated
applications also shall be permitted at the local level.
SEC. 10174. APPROPRIATIONS.
The amount that is authorized to be appropriated for programs under
part II of subchapter A, subchapter B, and part I of subchapter C shall
not exceed the amount appropriated for such programs for fiscal year
1995. Such programs shall be authorized through fiscal year 2000.
SEC. 10175. FEDERAL CIVIL RIGHTS.
(a) In General.--
(1) Applicability.--Nothing in this chapter shall be
construed to affect the applicability of civil rights laws
relating to any program established, transferred, or
consolidated under this subtitle.
(2) Duties.--The Secretary of Health and Human Services
shall be responsible for carrying out any other civil rights
functions performed by the Secretary of Education as such
functions were performed on the day before the date of the
enactment of this Act.
(b) Health and Human Services.--The Director of the Office of Civil
Rights of the Department of Health and Human Services shall submit a
report annually to the Secretary of Health and Human Services, the
President, and the appropriate committees of Congress summarizing the
compliance and enforcement activities of the Office of Civil Rights as
such activities pertain to the Office of Economic Opportunities. The
report shall identify significant civil rights or compliance problems
for which the Office of Civil Rights has made a recommendation for
corrective action and which, in the judgment of the Director of the
Office of Civil Rights, adequate progress is not being made.
(c) Department of Justice.--The Assistant Attorney General in
charge of the Civil Rights Division of the Department of Justice shall
submit annually a report to the Attorney General, the President, and
the appropriate committees of Congress summarizing the activities of
the Civil Rights Division as such activities pertain to the grantees of
programs authorized by this subtitle.
CHAPTER 4--GENERAL PROVISIONS
SEC. 10181. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to an office from which a function is transferred by this
subtitle--
(1) to the Secretary of Education or an officer of the
Department of Education, is deemed to refer to the head of the
department or office to which such function is transferred; or
(2) to the Department of Education is deemed to refer to
the department or office to which such function is transferred.
SEC. 10182. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a
function is transferred by this subtitle may, for purposes of
performing the function, exercise all authorities under any other
provision of law that were available with respect to the performance of
that function to the official responsible for the performance of the
function immediately before the transfer of the function under this
subtitle.
SEC. 10183. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Secretary of Education,
any officer or employee of any office transferred by this
subtitle, or any other Government official, or by a court of
competent jurisdiction, in the performance of any function that
is transferred by this subtitle, and
(2) that are in effect on the date of such transfer (or
become effective after such date pursuant to their terms as in
effect on the date of such transfer),
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.
(b) Proceedings.--This subtitle shall not affect any proceedings or
any application for any benefits, service, license, permit,
certificate, or financial assistance pending on the effective date of
this chapter with respect to a function transferred by this subtitle,
but such proceedings and applications shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this subtitle had
not been enacted, and orders issued in any such proceeding shall
continue in effect until modified, terminated, superseded, or revoked
by a duly authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this subsection 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 subtitle
had not been enacted.
(c) Suits.--This subtitle shall not affect suits commenced before
the effective date of this chapter and in all such suits, proceeding
shall be had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this subtitle had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Education or the Secretary of
Education, or by or against any individual in the official capacity of
such individual as an officer or employee of an office transferred by
this subtitle, shall abate by reason of the enactment of this Act.
(e) Continuance of Suits.--If, before the effective date of this
chapter, any officer of the Department of Education in the official
capacity of such officer is party to a suit with respect to a function
of the officer, and under this subtitle such function is transferred to
any other officer or office, then such suit shall be continued with the
other officer or the head of such other office, as applicable,
substituted or added as a party.
SEC. 10184. TRANSFER OF ASSETS.
Except as otherwise provided in this subtitle, so much of the
personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used, held,
available, or to be made available in connection with a function
transferred to an official by this subtitle shall be available to the
official at such time or times as the President directs for use in
connection with the functions transferred.
SEC. 10185. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or otherwise
provided in this subtitle, an official to whom functions are
transferred under this subtitle (including the head of any office to
which functions are transferred under this subtitle) may delegate any
of the functions so transferred to such officers and employees of the
office of the official as the official may designate, and may authorize
successive redelegations of such functions as may be necessary or
appropriate. No delegation of functions under this section or under any
other provision of this subtitle shall relieve the official to whom a
function is transferred under this subtitle of responsibility for the
administration of the function.
SEC. 10186. AUTHORITY OF OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT
TO FUNCTIONS TRANSFERRED.
(a) Determinations.--If necessary, the Director of the Office of
Management and Budget shall make any determination of the functions
that are transferred under this subtitle.
(b) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, may
make such determinations as may be necessary with regard to the
functions transferred by this subtitle, and to 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, as may be necessary to carry out the provisions of
this subtitle. The Director of the Office of Management and Budget
shall provide for the termination of the affairs of all entities
terminated by this subtitle and for such further measures and
dispositions as may be necessary to effectuate the purposes of this
subtitle.
SEC. 10187. PROPOSED CHANGES IN LAW.
Not later than 90 days before the effective date specified in
section 10119, the Director of the Office of Management and Budget
shall submit to the Congress a description of any changes in Federal
law necessary to reflect abolishments, transfers, terminations, and
disposals under this subtitle.
SEC. 10188. DEFINITION OF TRANSFER.
For purposes of this chapter, the vesting of a function in a
department or office pursuant to reestablishment of an office shall be
considered to be the transfer of the function.
SEC. 10189. DEFINITIONS.
For purposes of this chapter, the following definitions shall
apply:
(1) Director.--The term ``Director'' means the Director for
Economic Opportunities in the Administration for Families and
Children in the Department of Health and Human Services,
established under section 10112(a).
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(3) Office.--The term ``Office'' means the Office of
Economic Opportunities in the Department of Health and Human
Services, established under section 10112(a).
CHAPTER 5--STATEMENTS OF POLICY
SEC. 10191. STATEMENT OF POLICY REGARDING FEDERAL EDUCATION FUNDING.
Congress finds that there should be a review and evaluation as to
the feasibility of further enhancing the ability of States and local
communities to fund education by reducing the Federal tax burden and
commensurately eliminating Federal Government involvement in providing
grants for education programs.
SEC. 10192. STATEMENT OF POLICY REGARDING JOB TRAINING PROGRAMS.
The Congress finds that all job training programs under the
jurisdiction of the Department of Education--
(1) should be reviewed and transferred to the Department of
Labor; and
(2) should be consolidated into 1 or more block grants.
SEC. 10193. STATEMENT OF POLICY REGARDING INDIAN EDUCATION.
Congress finds that any program transferred as a result of this
subtitle to the Department of the Interior should be reviewed by
Congress to ensure that such programs benefit Native American children
that live on reservations.
Subtitle C--Elementary and Secondary Education Reforms
SEC. 10201. ELIMINATION OF IMPACT AID.
(a) In General.--Title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7701 et seq.) is hereby repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1995, or the date of the enactment of this
Act, whichever occurs later.
SEC. 10202. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION
CONSORTIA.
Title XIII of the Elementary and Secondary Education Act of 1965 is
amended by striking part C.
SEC. 10203. LIMITATION ON AUTHORIZATIONS OF APPROPRIATIONS FOR THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
Part A of the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) is amended by adding at the end the following:
``limitation on authorizations of appropriations
``Sec. 610A. Notwithstanding any other provision of this title, the
aggregate amount of funds authorized to be appropriated to carry out
this title may not exceed $3,252,846,000 for each of the fiscal years
1996 through 2000.''.
SEC. 10204. EDUCATION IMPROVEMENT.
Not more than $320,298,000 may be made available to carry out the
Eisenhower Professional Development State Grant program under title II
of the Elementary and Secondary Education Act of 1965 for each of
fiscal years 1996, 1997, 1998, 1999, and 2000.
SEC. 10205. INNOVATIVE EDUCATION PROGRAM STRATEGIES.
Not more than $347,250,000 may be available to carry out State
grant programs under title VI of the Elementary and Secondary Education
Act of 1965 for each of fiscal years 1996, 1997, 1998, 1999, and 2000.
SEC. 10206. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES.
(a) State Grants.--Not more than $456,962,000 may be available to
carry out State grant programs under subpart 1 of part A of title IV of
the Elementary and Secondary Education Act of 1965 for each of fiscal
years 1996, 1997, 1998, 1999, and 2000.
(b) National Programs.--Not more than $25,000,000 may be available
to carry out National programs under subpart 2 of part A of title IV of
the Elementary and Secondary Education Act of 1965 for each of fiscal
years 1996, 1997, 1998, 1999, and 2000.
SEC. 10207. EDUCATION INFRASTRUCTURE.
Not more than $100,000,000 may be made available to carry out
education infrastructure programs under title XII of the Elementary and
Secondary Education Act of 1965 for each of fiscal years 1996, 1997,
1998, 1999, and 2000.
SEC. 10208. INEXPENSIVE BOOK DISTRIBUTION.
Not more than $10,300,000 may be made available to carry out the
Inexpensive Book Distribution program under part E of title X of the
Elementary and Secondary Education Act of 1965 for each of fiscal years
1996, 1997, 1998, 1999, and 2000.
SEC. 10209. ARTS IN EDUCATION.
Not more than $12,000,000 may be made available to carry out the
Arts in Education Program under part D of title X of the Elementary and
Secondary Education Act of 1965 for each of fiscal years 1996, 1997,
1998, 1999, and 2000.
SEC. 10210. CHRISTA McAULIFFE SCHOLARSHIPS.
Not more than $1,946,000 may be made available to carry out Christa
McAuliffe Scholarships by the Department of Education for each of
fiscal years 1996, 1997, 1998, 1999, and 2000.
SEC. 10211. MAGNET SCHOOLS ASSISTANCE.
Not more than $111,519,000 may be made available to carry out the
Magnet Schools Assistance program under part A of title V of the
Elementary and Secondary Education Act of 1965 for each of fiscal years
1996, 1997, 1998, 1999, and 2000.
SEC. 10212. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Not more than $28,811,000 may be made available to carry out
Education for Homeless Children and Youth programs under subtitle B of
title VII of the Stewart B. McKinney Homeless Assistance Act for each
of fiscal years 1996, 1997, 1998, 1999, and 2000.
SEC. 10213. WOMEN'S EDUCATIONAL EQUITY.
Not more than $3,967,000 may be made available to carry out the
Women's Educational Equity programs under part B of title V of the
Elementary and Secondary Education Act of 1965 for each of fiscal years
1996, 1997, 1998, 1999, and 2000.
SEC. 10214. TRAINING AND ADVISORY SERVICES.
Not more than $21,419,000 may be made available to the Department
of Education to carry out the Training and Advisory services under
title IV-A of the Civil Rights Act for each of fiscal years 1996, 1997,
1998, 1999, and 2000.
SEC. 10215. DROPOUT DEMONSTRATIONS.
Not more than $28,000,000 may be made available to carry out the
School Dropout program under part C of title V of the Elementary and
Secondary Education Act of 1965 for each of fiscal years 1996, 1997,
1998, 1999, and 2000.
SEC. 10216. TRAINING IN EARLY CHILDHOOD EDUCATION AND VIOLENCE
COUNSELING.
Not more than $13,875,000 may be made available to the Department
of Education to carry out Early Childhood Education and Violence
Training programs for each of fiscal years 1996, 1997, 1998, 1999, and
2000.
SEC. 10217. CHARTER SCHOOLS.
Not more than $6,000,000 may be made available to carry out the
Charter Schools program under part C of title X of the Elementary and
Secondary Education Act of 1965 for each of fiscal years 1996, 1997,
1998, 1999, and 2000.
SEC. 10218. AUTHORIZED ACTIVITIES.
Part A of title II of the Elementary and Seconday Education Act of
1965 is amended by striking section 2101.
SEC. 10219. PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT.
Title II of the Elementary and secondary Education Act of 1965 is
amended by striking part C.
SEC. 10220. IMMIGRANT EDUCATION.
Title VII of the Elementary and Secondary Education Act of 1965 is
amended by striking parts B and C.
SEC. 10221. EDUCATION FOR NATIVE HAWAIIANS.
Title IX of the Elementary and Secondary Education Act of 1965 is
amended by striking part B.
SEC. 10222. PROGRAMS OF NATIONAL SIGNIFICANCE.
Title X of the Elementary and Secondary Education Act of 1965 is
amended by striking parts A, G, and H.
SEC. 10223. LAW-RELATED EDUCATION.
Part F of title X of the Elementary and Secondary Education Act of
1965 is amended by striking section 10602.
SEC. 10224. PUBLIC LIBRARY CONSTRUCTION.
Title III of the Improving America's Schools Act of 1994 is amended
by striking part G.
SEC. 10225. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
Title IV of the Improving America's Schools Act of 1994 is amended
by striking section 411.
Subtitle D--Community Program Reforms
SEC. 10301. REPEAL OF THE NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES ACT OF 1965.
(a) Repeal of the National Foundation on the Arts and the
Humanities Act of 1965.--The National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 951-60) is repealed.
(b) Transition Provisions.--The Director of the Office of
Management and Budget shall provide for the termination of the affairs
of the Federal entities terminated by the repeal made by subsection
(a), including the appropriate transfer or other disposition 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 implementing the authorities terminated by
the repeal made by subsection (a).
(c) Effective Date.--This section shall take effect on October 1,
1995.
SEC. 10302. REPEAL OF NATIONAL AND COMMUNITY SERVICE ACT OF 1990,
DOMESTIC VOLUNTEER SERVICE ACT OF 1973, AND RELATED
PROVISIONS.
(a) National and Community Service Act of 1990.--Effective October
1, 1995, the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) is repealed.
(b) Domestic Volunteer Service Act of 1973.--Effective October 1,
1995, the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et
seq.) is repealed.
(c) Public Lands Corps.--Effective October 1, 1995, title II of
Public Law 91-378 (16 U.S.C. 1721 et seq.), as added by section 105 of
the National and Community Service Trust Act of 1993 (Public Law 103-
82; 107 Stat. 848), is repealed.
(d) Urban Youth Corps.--Effective October 1, 1995, section 106 of
the National and Community Service Trust Act of 1993 (42 U.S.C. 12656)
is repealed.
(e) National Guard Civilian Youth Opportunities Pilot Program.--
Effective October 1, 1995, section 1091 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 32 U.S.C.
501 note) is repealed.
(f) Effect of Repeal.--Upon the repeal of the provisions specified
in this section, the President shall assign to an agency of the United
States the responsibility for liquidating the affairs of the entities
or activities eliminated as a result of the repeal. The property,
records, and unexpended balances (available or to be made available) of
appropriations, allocations, and other funds of the eliminated entities
and activities shall be transferred to such agency. The repeal of such
provisions shall not affect any obligation incurred by the eliminated
entities and activities before October 1, 1995, and the agency
responsible for liquidating the affairs of the eliminated entities and
activities shall satisfy such obligations, subject to the same terms
and conditions that would apply in the absence of the repeal.
SEC. 10303. REPEAL OF THE MUSEUM SERVICES ACT.
(a) Repealer.--Title II of the Arts, Humanities, and Cultural
Affairs Act of 1976 (20 U.S.C. 961-969) is repealed.
(b) Effective Date.--Subsection (a) shall take effect on October 1,
1995.
SEC. 10304. TERMINATE FEDERAL FUNDING FOR THE JOHN F. KENNEDY CENTER
FOR THE PERFORMING ARTS.
Section 12 of the John F. Kennedy Center Act (20 U.S.C. 76r) is
repealed.
SEC. 10305. REPEAL OF THE OLDER AMERICANS COMMUNITY SERVICE EMPLOYMENT
ACT.
(a) Repealer.--Title V of the Older Americans Act of 1965 (42
U.S.C. 3056-3056i) is repealed.
(b) Effective Date.--Subsection (a) shall take effect on October 1,
1995.
SEC. 10306. CONSOLIDATION OF CERTAIN SOCIAL SERVICE PROGRAMS.
(a) Amendment to Title XX of the Social Security Act.--
(1) Payments to states.--Section 2002(a)(2) of the Social
Security Act (40 U.S.C. 1397a(a)(2)) is amended--
(A) in subparagraph (A)--
(i) by inserting ``, services to meet
housing and energy needs,'' after ``health
support services'', and
(ii) by striking ``and'' at the end,
(B) in subparagraph (B)--
(i) in clause (ii) by striking ``and'' at
the end,
(ii) in clause (iii) by striking the period
at the end and inserting ``; and'', and
(iii) by inserting after clause (iii) the
following:
``(iv) activities--
``(I) to plan, develop, establish,
expand, improve, or operate before- and
after-school child care programs for
school-age children, and resource and
referral systems that provide
information on dependent care services;
and
``(II) to improve the quality of
child care, and to increase the
availability of early childhood
development and before- and after-
school child care services.''.
(2) Allotments.--Section 2003(c) of the Social Security Act
(40 U.S.C. 1397b(c)) is amended--
(A) in paragraph (4) by striking ``and'' at the
end,
(B) in paragraph (5) by striking ``each fiscal year
after fiscal year 1989.'' and inserting ``each of the
fiscal years 1990, 1991, 1992, 1993, 1994, and 1995;
and
(C) by adding at the end the following:
``(6) $4,009,379,000 for fiscal year 1996.''.
(b) Repealers.--
(1) Community Services Block Grant Act.--Subtitle B of
title VI of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 9901-9912) is repealed.
(2) Child Care and Development Block Grant Act.--Subchapter
C of chapter 8 of subtitle A of title VI of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9858-9858S) is repealed.
(3) State Dependent Care Development Grants Act.--
Subchapter E of chapter 8 of subtitle A of title VI of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9871-9877)
is repealed.
(c) Effective Date.--Subsections (a) and (b) shall take effect on
October 1, 1995.
SEC. 10307. AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965.
(a) Federal Council on the Aging.--Section 204(g) of the Older
Americans Act of 1965 (42 U.S.C. 3015(g)) is amended--
(1) by striking ``are'' and inserting ``is'', and
(2) by striking ``$300,000'' and all that follows through
``1995'', and inserting ``$176,000 for each of the fiscal years
1996, 1997, 1998, 1999, and 2000''.
(b) Authorization of Appropriations for Title II of the Act.--
Section 215 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is
amended--
(1) in subsection (a) by striking ``such sums'' and all
that follows through ``1995'', and inserting ``$16,524,000 for
each of the fiscal years 1996, 1997, 1998, 1999, and 2000'',
and
(2) in subsection (b) by amending paragraph (1) to read as
follows:
``(1) $29,000,000 for each of the fiscal years 1996, 1997,
1998, 1999, and 2000; and''.
(c) Authorization of Appropriations for Title III of the Act.--
(1) Supportive services and senior centers.--Section
303(a)(1) of the Older Americans Act of 1965 (42 U.S.C.
3023(a)(1)) is amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$461,376,000'' and all that
follows through ``1995'', and inserting ``$306,711,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(2) Congregate nutrition services.--Section 303(b)(1) of
the Older Americans Act of 1965 (42 U.S.C. 3023(b)(1)) is
amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$505,000,000'' and all that
follows through ``1995'', and inserting ``$375,809,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(3) Home-delivered nutrition services.--Section 303(b)(2)
of the Older Americans Act of 1965 (42 U.S.C. 3023(b)(2)) is
amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$120,000,000'' and all that
follows through ``1995'', and inserting ``$93,665,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(4) School-based meals for volunteers.--Section 303(b)(3)
of the Older Americans Act of 1965 (42 U.S.C. 3023(b)(3)) is
amended-
(1) by striking ``are'' and inserting ``is'', and
(2) by striking ``fiscal year 1992'' and all that
follows through ``1995'', and inserting ``for each of
the fiscal years 1996, 1997, 1998, 1999, and 2000''.
(5) In-home services.--Section 303(d) of the Older
Americans Act of 1965 (42 U.S.C. 3023(d)) is amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$45,388,000'' and all that
follows through ``1995'', and inserting ``$7,075,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(6) Special needs.--Section 303(e) of the Older Americans
Act of 1965 (42 U.S.C. 3023(e)) is amended by striking ``1992''
and all that follows through ``1995'', and inserting ``1996,
1997, 1998, 1999, and 2000''.
(7) Preventive health, health education, and promotion.--
Section 303(f) of the Older Americans Act of 1965 (42 U.S.C.
3023(f)) is amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$25,000,000'' and all that
follows through ``1995'', and inserting ``$16,982,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(8) Supportive activities for caretakers.--Section 303(g)
of the Older Americans Act of 1965 (42 U.S.C. 3023(g)) is
amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``fiscal year 1992'' and all that follows
through ``1995'', and inserting ``each of the fiscal years
1996, 1997, 1998, 1999, and 2000''.
(9) Purchase of agricultural commodities for nutrition
services.--Section 311(c)(1)(A) of the Older Americans Act of
1965 (42 U.S.C. 3030a(c)(1)(A)) is amended--
(A) by striking ``are'' and inserting ``is'',
(B) by striking ``$250,000,000'' and all that
follows through ``1994, and'', and
(C) by striking ``fiscal year 1995'' and inserting
``each of the fiscal years 1996, 1997, 1998, 1999, and
2000''.
(d) Authorization of Appropriations for Title IV of the Act.--
(1) Training, research, and discretionary projects and
programs.--Section 431(a)(1) of the Older Americans Act of 1965
(42 U.S.C. 3037(a)(1)) is amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$72,000,000'' and all that
follows through ``1995'', and inserting ``$25,735,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(2) Training.--Section 431(b) of the Older Americans Act of
1965 (42 U.S.C. 3037(b)) is amended by striking ``1992'' and
all that follows through ``1995'', and inserting ``1996, 1997,
1998, 1999, and 2000''.
(e) Authorization of Appropriations for Title VI of the Act.--
Section 633(a) of the Older Americans Act of 1965 (42 U.S.C. 3037n(a))
is amended--
(1) by striking ``are'' and inserting ``is'', and
(2) by striking ``$30,000,000'' and all that follows
through ``1995'', and inserting ``$16,902,000 for each of the
fiscal years 1996, 1997, 1998, 1999, and 2000''.
(f) Authorization of Appropriations for Title VII of the Act.--
(1) Ombudsman program.--Section 702(a) of the Older
Americans Act of 1965 (42 U.S.C. 3058a(a)) is amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$40,000,000'' and all that
follows through ``1995'', and inserting ``$4,370,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(2) Prevention of elder abuse, neglect, and exploitation.--
Section 702(b) of the Older Americans Act of 1965 (42 U.S.C.
3058a(b)) is amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$15,000,000'' and all that
follows through ``1995'', and inserting ``$4,638,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(3) State elder rights and legal assistance development
program.--Section 702(c) of the Older Americans Act of 1965 (42
U.S.C. 3058a(c)) is amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``fiscal year 1992'' and all that
follows through ``1995'', and inserting ``each of the
fiscal years 1996, 1997, 1998, 1999, and 2000''.
(4) Outreach, counseling, and assistance program.--Section
702(d) of the Older Americans Act of 1965 (42 U.S.C. 3058a(d))
is amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``$15,000,000'' and all that
follows through ``1995'', and inserting ``$1,976,000
for each of the fiscal years 1996, 1997, 1998, 1999,
and 2000''.
(5) Native american organization provision.--Section 751(d)
of the Older Americans Act of 1965 (42 U.S.C. 3058aa(d)) is
amended--
(A) by striking ``are'' and inserting ``is'', and
(B) by striking ``fiscal year 1992'' and all that
follows through ``1995'', and inserting ``for each of
the fiscal years 1996, 1997, 1998, 1999, and 2000''.
(g) Effective Date.--The amendments made by this section shall take
effect on October 1, 1995.
SEC. 10308. TERMINATION OF FUNDING FOR THE CORPORATION FOR PUBLIC
BROADCASTING
Part IV of title III of the Communications Act of 1934 (47 U.S.C.
390 to 399b), relating to assistance for public telecommunications
facilities, telecommunications demonstrations, and the Corporation for
Public Broadcasting, is repealed.
Subtitle E--Employment Program Reform
SEC. 10401. TERMINATION OF GENERAL TRADE ADJUSTMENT ASSISTANCE.
(a) Termination of Program Extension.--(1) Section 285(c)(1) of the
Trade Act of 1974 (19 U.S.C. 2271 preceding note), is amended by
striking ``1998'' and inserting ``1995''.
(2) Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is
amended by striking ``each of the fiscal years 1993, 1994, 1995, 1996,
1997, and 1998'' and inserting ``fiscal year 1995''.
(b) Conforming Amendment.--Section 236(a)(2)(A) of the Trade Act of
1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking ``, except that''
and all that follows through ``$70,000,000''.
SEC. 10402. EXTENSION TO ALL STATES OF RULE PROVIDING FOR REDUCTION OF
SOCIAL SECURITY DISABILITY INSURANCE BENEFITS UPON
RECEIPT OF WORKERS' COMPENSATION BENEFITS.
(a) Preemption of State Laws Reducing Periodic Benefits by Reason
of Entitlement to Disability Insurance Benefits.--Section 224(d) of the
Social Security Act (42 U.S.C. 224a(d)) is amended to read as follows:
``(d) The provisions of this section shall supersede any provision
of a law or plan of any State, of any political subdivision (as that
term is used in section 218(b)(2)), or of any instrumentality of two or
more States (as that term is used in section 218(g)) to the extent that
the effect of such provision is to reduce periodic benefits referred to
in subparagraph (A) or (B) of subsection (a)(2) of any individual under
such law or plan on the basis of the entitlement of such individual to
benefits under section 223.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to individuals who first become entitled to benefits
under section 223(a) of the Social Security Act for months beginning on
or after January 1, 1996.
SEC. 10403. SERVICE CONTRACT ACT OF 1965.
(a) Repeal.--The Service Contract Act of 1965 (41 U.S.C. 351 et
seq.) is repealed.
(b) Application.--The amendment made by subsection (a) shall not
apply to a contract which was entered into before the date of the
enactment of this Act and to which the Service Contract Act of 1965
applied.
SEC. 10404. REDUCTION IN OVERHEAD EXPENSES OF DEPARTMENT OF LABOR.
(a) In General.--The amount obligated by the Department of Labor
during fiscal year 1996 for overhead expenses shall not exceed an
amount sufficient to reduce outlays for such expenses during such
fiscal year (as compared to such outlays during fiscal year 1995) by
$67,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
TITLE XI--HEALTH
Subtitle A--Administrative Reform
SEC. 11001. REDUCTION IN OVERHEAD EXPENSES OF DEPARTMENT OF HEALTH AND
HUMAN SERVICES.
(a) In General.--The amount obligated by the Department of Health
and Human Services during fiscal year 1996 for overhead expenses shall
not exceed an amount sufficient to reduce outlays for such expenses
during such fiscal year (as compared to such outlays during fiscal year
1995) by $346,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
Subtitle B--University Research Regarding Health and Other Matters
SEC. 11101. FEDERALLY-SUPPORTED UNIVERSITY RESEARCH; REDUCTION IN RATES
FOR INDIRECT COSTS OF RESEARCH.
(a) Authority of Federal Agencies Regarding Indirect Costs of
Supported Research.--In making an award of financial assistance to an
institution of higher education for a fiscal year for a project of
research, the head of the Federal agency involved is subject to the
following:
(1) The agency head may in accordance with this section
authorize the institution to expend a portion of the award for
costs that are indirectly related to the conduct of the
project, and are appropriate for the institution to maintain
the program or programs of which the project is a part (which
costs regarding a project of research are referred to in this
section as ``indirect costs'').
(2) The agency head may not make the award for the project
unless the institution--
(A) agrees that the award will be expended for the
indirect costs of the project only in accordance with
determinations made under this section by the agency
head regarding the project; and
(B) certifies to the agency head that each award of
financial assistance provided by the agency head to the
institution for the immediately preceding fiscal year
for a project of research was expended in accordance
with the determinations made under this section
regarding the project.
(b) Direct and Indirect Costs as Total Amount of Assistance.--With
respect to a project of research for which the head of a Federal agency
is under subsection (a)(1) authorizing an award for a fiscal year to be
expended for indirect costs, the total amount of the award provided for
the project for such year shall consist of an amount provided for the
direct costs of the project, together with the sum of--
(1) the aggregate amount the agency head determines under
subparagraph (A) of subsection (c)(1) for the administrative
categories of indirect cost; and
(2) the aggregate amount the agency head determines under
subparagraph (B) of such subsection for the nonadministrative
categories of such costs.
(c) Determination of Amounts for Administrative and
Nonadministrative Categories.--
``(1) In general.--With respect to a project of research
for which the head of a Federal agency is under subsection
(a)(1) authorizing an award for a fiscal year to be expended
for indirect costs, the agency head, after consultation with
the institution of higher education involved and after
consideration of relevant records and materials, shall make a
determination of--
``(A) the amount, expressed as a percentage in
accordance with paragraph (2), that is authorized to be
expended for the administrative categories of indirect
cost (determined individually for each of such
categories or determined in the aggregate for the
categories); and
``(B) the amount, expressed as a percentage in
accordance with paragraph (2), that is authorized to be
made for the nonadministrative categories of indirect
cost (determined individually for each of such
categories or determined in the aggregate for the
categories).
``(2) Category percentages; modified direct costs.--The
amounts determined under subparagraphs (A) and (B) of paragraph
(1) for a fiscal year with respect to a project of research
shall be determined as a percentage of the modified direct
costs of the project. The percentage so determined may not
exceed the applicable percentage specified in subsection (d),
and shall be in effect only during the fiscal year for which
the financial assistance involved is provided.
(d) General Limitations Regarding Category Percentages.--
(1) Reduction in rate for administrative categories.--With
respect to an award made by the head of a Federal agency to an
institution of higher education for a fiscal year
for a project of research, the percentage determined under
subsection (c)(2) for the fiscal year for an administrative category of
indirect costs may not exceed 90 percent of an amount equal to the mean
average of the percentages applicable to the institution for the
category for awards by the agency head to the institution for fiscal
year 1995.
(2) Reduction in rate for nonad- ministrative categories.--
With respect to an award made by the head of a Federal agency
to an institution of higher education for a fiscal year for a
project of research, the percentage determined under subsection
(c)(2) for the fiscal year for a nonadministrative category of
indirect costs may not exceed 90 percent of an amount equal to
the mean average of the percentages applicable to the
institution for the category for awards by the agency head to
the institution for fiscal year 1995.
(e) Institution-Specific Uniform Rates Across Awards.--With respect
to multiple awards made by the head of a Federal agency to an
institution of higher education for a fiscal year for projects of
research, the agency head may, for each of the categories of indirect
costs (administrative and nonadministrative), determine a single
percentage under subsection (c) that will be applicable to the category
for all such awards by the agency head to the institution for the
fiscal year. Any such determination is subject to subsection (d).
(f) Failure To Comply With Limitation.--In the case of an
institution of higher education making an agreement under subsection
(a)(2) regarding expenditures for the indirect costs of a project of
research, if the head of the Federal agency involved determines that
the institution has made an expenditure in violation of the agreement,
the agency head shall recover from the institution an amount equal to
the amount of the expenditure, together with an amount representing
interest on the amount of such expenditure.
(g) Definitions.--For purposes of this section:
(1) The term ``administrative categories'', with respect to
the indirect costs of a project of research, means the
categories of general administration, departmental
administration, and administration of the project of research
involved (also known as sponsored project administration).
(2) The term ``award'' means an award of financial
assistance.
(3) The term ``direct costs'', with respect to a project of
research, has the meaning given such term by the Director of
the Office of Management and Budget.
(4) The term ``Federal agency'' means each department,
agency or instrumentality of the Federal Government, including
an executive agency as defined in section 105 of title 5,
United States Code.
(5) The term ``financial assistance'', with respect to a
project of research, means a grant, cooperative agreement, or
contract.
(6)(A) The term ``indirect cost'', with respect to a
project of research, means the costs described in subsection
(a)(1), consisting of the 7 categories described in
subparagraph (B), as such costs (and categories) are defined in
the document issued by the Director of the Office of Management
and Budget and designated by such Director as OMB Circular A-21
(or as defined in any document issued by such Director as a
successor to OMB Circular A-21), except that such term does not
include any cost disallowed for purposes of title 48, Code of
Federal Regulations (relating to the Federal Acquisition
Regulations System).
(B) The categories referred to in subparagraph (A) are the
categories of general administration, departmental
administration, administration of the project of research
involved (also known as sponsored project administration),
operations and maintenance, student services (in the case of an
entity that is an educational institution), libraries (in the
case of such an entity), and buildings and equipment.
(7) The term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965.
(8) The term ``modified direct costs'', with respect to a
project of research, has the meaning given such term by the
Director of the Office of Management and Budget.
(9) The term ``nonadministrative categories'', with respect
to the indirect costs of a project of research, means the
categories of operations and maintenance, student services (in
the case of an entity that is an educational institution),
libraries (in the case of such an entity), and buildings and
equipment.
(h) Effective Date.--This section is effective in the case of
awards of financial assistance made for fiscal year 1996 or any
subsequent fiscal year.
SEC. 11102. REDUCTION IN BUDGET OF NATIONAL INSTITUTES OF HEALTH.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended by adding at the end the following part:
``Part J--Reduction in Budget of National Institutes of Health
``reduction in budget
``Sec. 499B. (a) 1995 Levels Less Savings Regarding Indirect Cost
Rates.--Notwithstanding any other provision of law, the authorizations
of appropriations established for carrying out this title for a fiscal
year are effective only to the extent that the authorizations for the
fiscal year do not, in the aggregate, exceed the following amount, as
applicable to the fiscal year: $10,841,598,000 for fiscal year 1996,
$10,475,098,000 for fiscal year 1997, $10,109,598,000 for fiscal year
1998, $10,071,098,000 for fiscal year 1999, and $10,032,598,000 for
fiscal year 2000.
``(b) Presumed Per-Program Authorization Level.--For each of the
fiscal years specified in subsection (a), the authorization of
appropriations for each program under this title is deemed to be an
amount equal to the appropriation made for the program for the
preceding fiscal year, unless a provision of this title specifies that
this subsection is not applicable to the program.
``(c) Pro Rata Reductions in Authorizations.--If the aggregate of
the authorizations of appropriations established for carrying out this
title for a fiscal year (including authorizations established under
subsection (b)) exceeds the amount applicable under subsection (a) to
the fiscal year, each such authorization is reduced pro rata by the
amount necessary for the aggregate of the authorizations to equal the
applicable amount.''.
SEC. 11103. REDUCTION IN HEALTH PROFESSIONS BUDGET OF HEALTH RESOURCES
AND SERVICES ADMINISTRATION.
Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended by adding at the end the following part:
``PART H--REDUCTION IN HEALTH PROFESSIONS BUDGET
``SEC. 799A. PROGRAMS FOR MINORITY AND DISADVANTAGED STUDENTS AS
EXCLUSIVE TITLE VII PROGRAMS.
``(a) Effect on Other Programs.--For fiscal year 1996 or any
subsequent fiscal year, the authorization of appropriations established
in subsection (b) for the fiscal year is the exclusive authorization of
appropriations for such year under this title, except as provided in
subsection (c). The preceding sentence applies notwithstanding any
other provision of law.
``(b) Authorizations of Appropriations Regarding Minority and
Disadvantaged Students.--For the purpose of carrying out programs under
this title that are designed to increase the enrollment of minority and
economically disadvantaged students, there are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
1996 through 1998.
``(c) Exception Regarding Federal Responsibilities Under Program
for Health Education Assistance Loans to Graduate Students.--Subsection
(a) does not apply to the authorization of appropriations established
in section 720. The preceding sentence does not provide any credit
authority for such program in addition to that provided in section
702.''.
SEC. 11104. CLOSURE OF UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Closure Required.--Section 2112 of title 10, United States
Code, is amended--
(1) in subsection (c)--
(A) by inserting ``and the closure'' after ``The
development''; and
(B) by striking out ``subsection (a)'' and
inserting in lieu thereof ``subsections (a) and (b)'';
and
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
``(b)(1) Not later than September 30, 1998, the Secretary of
Defense shall close the University. To achieve the closure of the
University by that date, the Secretary shall begin to terminate the
operations of the University beginning in fiscal year 1995. On account
of the required closure of the University under this subsection, no
students may be admitted to begin studies in the University after the
date of the enactment of this subsection.
``(2) Section 2687 of this title and any other provision of law
establishing preconditions to the closure of any activity of the
Department of Defense shall not apply with regard to the termination of
the operations of the University or to the closure of the University
pursuant to this subsection.''.
(b) Final Graduation of Students.--Section 2112(a) of such title is
amended--
(1) in the second sentence, by striking out ``, with the
first class graduating not later than September 21, 1982.'' and
inserting in lieu thereof ``, except that no students may be
awarded degrees by the University after September 30, 1998.'';
and
(2) by adding at the end the following new sentence: ``On a
case-by-case basis, the Secretary of Defense may provide for
the continued education of a person who, immediately before the
closure of the University under subsection (b), was a student
in the University and completed substantially all requirements
necessary to graduate from the University.''.
(c) Termination of University Board of Regents.--Section 2113 of
such title is amended by adding at the end the following new
subsection:
``(k) The Board shall terminate on September 30, 1998, except that
the Secretary of Defense may terminate the Board before that date as
part of the termination of the operations of the University under
section 2112(b) of this title.''.
(d) Prohibition on Reciprocal Agreements.--Section 2114(e)(1) of
such title is amended by adding at the end the following new sentence:
``No agreement may be entered into under this subsection after the date
of the enactment of this sentence, and all such agreements shall
terminate not later than September 30, 1998.''.
(e) Conforming Amendments.--(1) Section 178 of such title, relating
to the Henry M. Jackson Foundation for the Advancement of Military
Medicine, is amended--
(A) in subsection (b), by inserting after ``Uniformed
Services University of the Health Sciences,'' the following:
``or after the closure of the University, with the Department
of Defense,'';
(B) in subsection (c)(1)(B), by striking out ``the Dean of
the Uniformed Services University of the Health Sciences'' and
inserting in lieu thereof ``a person designated by the
Secretary of Defense''; and
(C) in subsection (g)(1), by inserting after ``Uniformed
Services University of the Health Sciences,'' the following:
``or after the closure of the University, the Secretary of
Defense''.
(2) Section 466(a)(1)(B) of the Public Health Service Act (42
U.S.C. 286a(a)(1)(B)), relating to the Board of Regents of the National
Library of Medicine, is amended by striking out ``the Dean of the
Uniformed Services University of the Health Sciences,''.
(f) Clerical Amendments.--(1) The heading of section 2112 of title
10, United States Code, is amended to read to read as follows:
``Sec. 2112. Establishment and closure of University''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 104 of such title is amended to read as
follows:
``2112. Establishment and closure of University.''.
Subtitle C--Medicaid Reforms
SEC. 11201. REDUCTION IN FEDERAL PAYMENTS FOR DISPROPORTIONATE SHARE
HOSPITALS.
(a) In General.--Section 1923 of the Social Security Act (42 U.S.C.
1396r-4) is amended by adding at the end the following new subsection:
``(h) Reduction in Federal Financial Participation for
Disproportionate Share Adjustments.--
``(1) In general.--Notwithstanding any other provision of
this section, the amount of payments under section 1903(a) with
respect to any payment adjustment made under this section for
hospitals in a State for quarters in a fiscal year shall not
exceed the applicable percentage of the amount otherwise
determined under subsection (f)
``(2) Applicable percentage defined.--In paragraph (1), the
applicable percentage for a fiscal year is as follows:
``(A) For fiscal year 1995, 80 percent.
``(B) For fiscal year 1996, 70 percent.
``(C) For fiscal year 1997, 55 percent.
``(D) For fiscal year 1998, 40 percent.''.
(b) Conforming Amendment.--Section 1923(c) of such Act (42 U.S.C.
1396r-4(c)) is amended in the matter preceding paragraph (1) by
striking ``(f) and (g)'' and inserting ``(f), (g), and (h)''.
SEC. 11202. IMPOSITION OF STATE LIMITS ON APPROVED NURSING FACILITY
BEDS.
(a) State Plan Requirement.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
(1) by striking ``and'' at the end of paragraph (61);
(2) by striking the period at the end of paragraph (62) and
inserting ``; and''; and
(3) by inserting after paragraph (62) the following new
paragraph:
``(63) provide that the State agency shall provide
assurances satisfactory to the Secretary that the State has in
effect laws prohibiting a nursing facility from opening
additional beds without a certificate of need issued by the
State in accordance with guidelines established by the State
and approved by the Secretary based on the ratio of nursing
facility beds to the number of individuals residing in the
applicable area who are likely to use such beds.''.
(b) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply to calendar quarters
beginning on or after October 1, 1995, without regard to whether or not
final regulations to carry out such amendments have been promulgated by
such date.
(2) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirements imposed by the amendments made by subsection (a), the
State plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure to meet
these additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular session
of the State legislature that begins after the date of the enactment of
this Act. For purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such session shall
be deemed to be a separate regular session of the State legislature.
SEC. 11203. REDUCING TO 50 PERCENT THE MATCHING RATE FOR ADMINISTRATIVE
COSTS UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1903(a) of the Social Security Act (42
U.S.C. 1396b(a)) is amended to read as follows:
``(a) From the sums appropriated therefore, the Secretary (except
as otherwise provided in this section) shall pay to each State that has
a plan approved under this title, for each quarter--
``(1) an amount with respect to total expenditures during
such quarter under the State plan for medical assistance (as
defined in section 1905(a)) equal to the sum of--
``(A) an amount equal to 90 percent of such
expenditures for family planning services and supplies,
plus
``(B) an amount equal to the Federal medical
assistance percentage (as defined in section 1905(b),
subject to subsections (g) and (j) of this section), of
the remainder of such expenditures; plus
``(2) subject to section 1919(g)(3)(C), an amount equal to
45 percent of the remainder of the expenditures during such
quarter as found necessary by the Secretary for the proper and
efficient administration of the State plan.''.
(b) Conforming Amendments.--
(1) Fraud control units.--Section 1903(b) of such Act (42
U.S.C. 1396b(b)) is amended by striking paragraph (3).
(2) Medicaid management information systems.--Section
1903(r) of such Act (42 U.S.C. 1396b(r)) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) In order to receive payments under subsection (a)(2) without
being subject to per centum reductions set forth in paragraph (2), a
State must have in operation mechanized claims processing and
information retrieval systems approved by the Secretary (of the type
approved since October 7, 1980) which are determined to be likely to
provide more efficient, economical, and effective administration of the
plan and which--
``(A) are compatible with the claims processing and
information retrieval systems used in the administration of
title XVIII, and
``(B) include provision for prompt written notice to each
individual who is furnished services covered by the plan, or to
each individual in a sample group of such individuals, of the
specific services (other than confidential services) so
covered, the name of the person or persons furnishing the
services, the date or dates on which the services were
furnished, and the amount of the payment or payments made under
the plan on account of the services.'';
(B) by striking paragraphs (2) and (3), and
redesignating paragraphs (4) through (8) as paragraphs
(2) through (6), respectively;
(C) in paragraph (2), as so redesignated--
(i) in subparagraph (A), by striking
``paragraph (6)'' and inserting ``paragraph
(4)'', and
(ii) in subparagraph (B)--
(I) by striking ``subsection
(a)(3)(B)'' and inserting ``subsection
(a)(2)''; and
(II) by striking ``not less than 50
per centum and not more than 70 per
centum'' and inserting ``not less than
25 per centum and not more than 45 per
centum'';
(D) in paragraph (3), as so redesignated--
(i) in the matter in subparagraph (A)
preceding clause (i), by striking ``subsection
(a)(3)(B)'' and inserting ``paragraph (1)'',
and
(ii) in subparagraphs (A)(iii) and (B), by
striking ``paragraph (6)'' and inserting
``paragraph (4)''; and
(E) in paragraph (4), as so redesignated--
(i) by striking subparagraph (C) and
redesignating subparagraphs (D) through (J) as
subparagraphs (C) through (I), and
(ii) in subparagraph (H), as redesignated,
by striking ``subsection (a)(3) of this
section'' and inserting ``subsection (a)(2)''.
(3) Nursing home enforcement.--Section 1919 of such Act (42
U.S.C. 1396r) is amended--
(A) in subsection (g)(3)(C), by striking ``section
1903(a)(2)(D)'' and inserting ``section 1903(a)(2) with
respect to amounts expended for State activities under
this subsection'', and
(B) in subsection (h)(2), by striking
``1903(a)(7)'' and inserting ``1903(a)(2)'' each place
it appears in subparagraphs (E) and (F).
(4) Peer review funding.--Section 1158 of such Act (42
U.S.C. 1320c-7) is amended--
(A) by striking ``(a)'', and
(B) by striking subsection (b).
(c) Effective Date.--The amendments made by this section shall
apply to quarters beginning on or after October 1, 1995.
Subtitle D--Reforms in Health Care Block Grants
SEC. 11301. CONSOLIDATION OF CERTAIN BLOCK GRANTS.
(a) In General.--Title XIX of the Public Health Service Act (42
U.S.C. 300w et seq.) is amended by adding at the end the following
part:
``Part C--Consolidation of Health-Related Block Grants
``SEC. 1981. CONSOLIDATED PROGRAM OF FORMULA GRANTS.
``In the case of each State that in accordance with section 1983
submits to the Secretary an application for fiscal year 1996 or any
subsequent fiscal year, the Secretary shall make a grant for the year
to the State for the purposes specified in section 1982. The grant
shall consist of the allotment determined for the State under section
1984.
``SEC. 1982. PURPOSES OF GRANTS; EFFECT ON SEPARATE PROGRAMS.
``(a) In General.--The Secretary may make a grant under section
1981 only if the State involved agrees that the grant will be expended
only for the purposes authorized in any of the following programs (as
in effect for fiscal year 1995):
``(1) The program under part A of this title (relating to
block grants for preventive health and health services).
``(2) The program under subpart 1 of part B of this title
(relating to block grants for community mental health
services).
``(3) The program under subpart 2 of part B of this title
(relating to block grants for the prevention and treatment of
substance abuse).
``(4) The program under title V of the Social Security Act
(relating to block grants for maternal and child health
services).
``(b) Effect on Separate Programs.--For fiscal year 1996 and
subsequent fiscal years:
``(1) No amounts are authorized to be appropriated under
any of the programs specified in subsection (a),
notwithstanding any other provision of law.
``(2) The programs are in effect only to the extent
provided in subsection (a).
``(c) Rule of Construction.--With respect to compliance with the
agreement made by a State under subsection (a):
``(1) The State may expend a grant under section 1981 for
any or all of the purposes authorized in the four programs
specified in such subsection.
``(2) The State is not required to expend the grant for
each of the four categories of services or activities with
which the four programs were, respectively, concerned.
``SEC. 1983. APPLICATION FOR GRANT.
``The Secretary may make a grant under section 1981 only if an
application for the grant is submitted to the Secretary by the date
specified by the Secretary, and the application is in such form, is
made in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to carry out
this part.
``SEC. 1984. AMOUNT OF ALLOTMENT.
``(a) In General.--
``(1) Allotment.--For purposes of section 1981--
``(A) the allotment determined under this section
for a State for a fiscal year is, subject to subsection
(g), the sum of the respective amounts determined for
the State under subsections (b) through (e); and
``(B) the allotment determined under this section
for a territory for a fiscal year is the amount
determined under subsection (h).
``(2) Applicability to territories.--For purposes of this
part, the term `State' means each of the several States and
each of the territories, except that, for purposes of paragraph
(1) and subsections (b) through (g), such term does not include
any territory.
``(b) Amount Relating to Formulas in Program for Preventive Health
and Health Services.--For purposes of subsection (a)(1)(A), the amount
under this subsection for a State for a fiscal year shall be determined
as follows:
``(1) The Secretary shall determine an amount equal to 6.7
percent of the amount that is appropriated under section 1986
for the fiscal year and available after compliance with section
1986(b).
``(2) Of the amount determined under paragraph (1), 97.2
percent shall be applied to the formula in effect under
subsection (a) of section 1902 for fiscal year 1995.
``(3) Of the amount determined under paragraph (1), 2.8
percent shall be applied to the formula in effect under
subsection (b) of section 1902 for fiscal year 1995.
``(4) The amount determined under this subsection for the
fiscal year is the sum of the amount resulting under paragraph
(2) and the amount resulting under paragraph (3).
``(c) Amount Relating to Formula in Program for Community Mental
Health Services.--For purposes of subsection (a)(1)(A), the amount
under this subsection for a State for a fiscal year shall be determined
as follows:
``(1) The Secretary shall determine an amount equal to 11.7
percent of the amount that is appropriated under section 1986
for the fiscal year and available after compliance with section
1986(b).
``(2) The amount determined under paragraph (1) shall be
applied to the formula in effect under subsection (a) of
section 1918 for fiscal year 1995, and after application of the
formula shall be adjusted to the extent required by subsection
(b) of such section (as in effect for fiscal year 1995).
``(3) The amount determined under this subsection for the
fiscal year is the amount resulting under paragraph (2).
``(d) Amount Relating to Formula in Program for Prevention and
Treatment of Substance Abuse.--For purposes of subsection (a)(1)(A),
the amount under this subsection for a State for a fiscal year shall be
determined as follows:
``(1) The Secretary shall determine an amount equal to 52.5
percent of the amount that is appropriated under section 1986
for the fiscal year and available after compliance with section
1986(b).
``(2) The amount determined under paragraph (1) shall be
applied to the formula in effect under subsection (a) of
section 1933 for fiscal year 1995, and after application of the
formula shall be adjusted to the extent required by subsection
(b) of such section (as in effect for fiscal year 1995).
``(3) The amount determined under this subsection for the
fiscal year is the amount resulting under paragraph (2).
``(e) Amount Relating to Formula in Program for Maternal and Child
Health Services.--For purposes of subsection (a)(1)(A), the amount
under this subsection for a State for a fiscal year shall be determined
as follows:
``(1) The Secretary shall determine an amount equal to 29.1
percent of the amount that is appropriated under section 1986
for the fiscal year and available after compliance with section
1986(b).
``(2) The amount determined under paragraph (1) shall be
applied to the formula in effect under section 502(c)(2) of the
Social Security Act for fiscal year 1995.
``(3) The amount determined under this subsection for the
fiscal year is the amount resulting under paragraph (2).
``(f) Rules of Construction.--For purposes of subsections (b)
through (e):
``(1) In applying an amount to a formula, the amount shall
be used in the formula in lieu of the funds that otherwise
would be allocated by the formula.
``(2) With respect to the data to be used in the formula,
the Secretary shall use the most recent data that is reasonably
available to the Secretary (subject to any restrictions in the
formula).
``(g) Funds for Tribes and Tribal Organizations.--
``(1) In general.--From the allotment determined for a
State for a fiscal year pursuant to subsection (a)(1)(A), the
Secretary shall reserve an amount determined in accordance with
paragraph (4) if the Secretary--
``(A) receives a request from the governing body of
an Indian tribe or tribal organization within the State
that funds under this part be provided directly by the
Secretary to such tribe or organization; and
``(B) makes a determination that the members of
such tribe or tribal organization would be better
served by means of grants made directly by the
Secretary under this.
``(2) Tribe or tribal organization as grantee.--The amount
reserved by the Secretary on the basis of a determination under
paragraph (1) shall, subject to paragraph (3), be granted to
the Indian tribe or tribal organization serving the individuals
for whom such a determination has been made.
``(3) Required plan.--The Secretary may make a grant under
this subsection for a fiscal year only if the Indian tribe or
tribal organization involved submits to the Secretary a plan
for the fiscal year that meets such criteria as the Secretary
may prescribe.
``(4) Amount of grant.--For purposes of paragraph (1), the
amount reserved under this paragraph for a fiscal year for an
Indian tribe or tribal organization shall be determined as
follows:
``(A) The Secretary shall determine an amount equal
to the difference between--
``(i) the allotment made pursuant to
subsection (a)(1)(A) for the fiscal year for
the State involved; and
``(ii) the amount determined for the State
under subsection (e) for the fiscal year.
``(B) The amount reserved under this paragraph for
the fiscal year is the product of--
``(i) the amount determined under
subparagraph (A); and
``(ii) a percentage equal to the ratio of--
``(I) the aggregate amount received
by the Indian tribe or tribal
organization for fiscal year 1995 under
parts A and B; over
``(II) the aggregate amounts
received by the State involved under
such parts for fiscal year 1995.
``(5) Definition.--The terms `Indian tribe' and `tribal
organization' have the same meaning given such terms in
subsections (b) and (c) of section 4 of the Indian Self-
Determination and Education Assistance Act.
``(h) Allotments for Territories.--For purposes of section 1981,
the allotment under this section for a territory for a fiscal year
shall be made from amounts reserved under section 1986(b), and the
amount of the allotment shall be determined in a manner equivalent to
the manner in which an allotment for a State is determined pursuant to
subsection (a)(1)(A).
``(i) Disposition of Certain Funds.--
``(1) In general.--Of the amounts available for a fiscal
year for grants under section 1981, amounts described in
paragraph (2), if any, shall be allotted by the Secretary as
grants to States that submit applications in accordance with
section 1983 for the fiscal year. The amount of such a grant
for a State shall be determined in a manner equivalent to the
manner in which the amount of a grant was otherwise determined
under this section for the State for the fiscal year, and the
grant shall be subject to the same conditions as grants under
section 1981.
``(2) Specification of amounts.--The amounts referred to in
paragraph (1) for a fiscal year are any amounts that are not
paid under section 1981 to the States for the fiscal year as a
result of--
``(A) the failure of one or more States to submit
an application in accordance with section 1983 for the
fiscal year; or
``(B) one or more States informing the Secretary
that the State does not intend to expend the full
amount of the grant made to the State under section
1981 for the fiscal year.
``SEC. 1985. DEFINITIONS.
``For purposes of this part:
``(1) The term `State' has the meaning given such term in
section 1984(a)(2).
``(2) The term `territory' means each of the Commonwealth
of Puerto Rico, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, Palau, the
Marshall Islands, and Micronesia.
``SEC. 1986. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this part, there
are authorized to be appropriated $2,233,833,800 for fiscal year 1996,
and $2,122,142,111 for fiscal year 1997 and each of the fiscal years
1998 through 2000.
``(b) Allocation.--Of the amounts appropriated under subsection (a)
for a fiscal year, the Secretary shall make available for grants under
section 1981 to the territories an amount equal to the product of--
``(1) the amounts so appropriated; and
``(2) a percentage equal to the ratio of--
``(A) the aggregate amounts received by the
territories for fiscal year 1995 under parts A and B
and under title V of the Social Security Act; and
``(B) the aggregate amounts appropriated for fiscal
year 1995 under sections 1901, 1920, and 1935 and under
section 501 of the Social Security Act.''.
(b) Conforming Amendments.--
(1) Program for preventive health and health services.--
Section 1901 of the Public Health Service Act (42 U.S.C. 300w)
is amended--
(A) in subsection (a), by striking ``through 1997''
and inserting ``and 1995''; and
(B) by adding at the end the following subsection:
``(c) For fiscal year 1996 and subsequent fiscal years, this part
is subject to part C.''.
(2) Program for community health services.--Section 1920 of
the Public Health Service Act (42 U.S.C. 300x-9) is amended by
adding at the end the following subsection:
``(c) Limitation.--For fiscal year 1996 and subsequent fiscal
years, this subpart is subject to part C.''.
(3) Program for prevention and treatment of substance
abuse.--Section 1935 of the Public Health Service Act (42
U.S.C. 300x-35) is amended by adding at the end the following
subsection:
``(c) Limitation.--For fiscal year 1996 and subsequent fiscal
years, this subpart is subject to part C.''.
(4) Program for maternal and child health services.--
Section 501 of the Social Security Act (42 U.S.C. 701) is
amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``each fiscal year
thereafter'' and inserting ``each of the fiscal years
1991 through 1995''; and
(B) by adding at the end the following subsection:
``(c) For fiscal year 1996 and subsequent fiscal years, this part
is subject to part C of title XIX of the Public Health Service Act
(relating to the consolidation of certain programs).''.
SEC. 11302. REDUCTION IN BUDGET FOR IMMUNIZATION PROGRAMS; PROHIBITION
REGARDING WAREHOUSING OF VACCINES.
Section 317(j) of the Public Health Service Act (42 U.S.C. 247b(j))
is amended--
(1) in paragraph (1), in the first sentence--
(A) by striking ``and'' after ``1991,''; and
(B) by inserting before the period the following:
``, $328,591,000 for fiscal year 1996, $324,591,000 for
fiscal year 1997, $319,591,000 for fiscal year 1998,
$315,591,000 for fiscal year 1999, and $310,591,000 for
fiscal year 2000'';
(2) by striking paragraph (2); and
(3) by adding at the end the following paragraph:
``(2) In carrying out programs of the Department of Health and
Human Services under which the Secretary provides for the storage of
vaccines, the Secretary may not provide for the storage of all (or
substantially all) of the vaccines in a single storage facility.''.
Subtitle E--Health Care Program Reforms
SEC. 11401. REDUCTION IN BUDGET OF AGENCY FOR HEALTH CARE POLICY AND
RESEARCH.
Section 926 of the Public Health Service Act (42 U.S.C. 299c-5) is
amended by adding at the end the following subsection:
``(f) Termination of Funding for Agency.--For fiscal year 1996 and
each subsequent fiscal year, this Act does not provide any
authorization of appropriations to carry out this title.''.
SEC. 11402. REDUCTION IN BUDGET FOR PROGRAMS TO TREAT SUBSTANCE ABUSE.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended by adding at the end the following
section:
``reduction in treatment budget
``Sec. 514. (a) In General.--Notwithstanding any other provision of
law, the authorizations of appropriations established for carrying out
this subpart and section 1971 for a fiscal year are effective only to
the extent that the authorizations for the fiscal year do not, in the
aggregate, exceed the following amount, as applicable to the fiscal
year: $178,405,000 for fiscal year 1996, $170,405,000 for fiscal year
1997, $163,405,000 for fiscal year 1998, $155,405,000 for fiscal year
1999, and $148,405,000 for fiscal year 2000.
``(b) Presumed Per-Program Authorization Level.--For each of the
fiscal years specified in subsection (a), the authorization of
appropriations for each program under this subpart and section 1971 is
deemed to be an amount equal to the appropriation made for the program
for the preceding fiscal year, unless a provision of this subpart or
section 1971 specifies that this subsection is not applicable to the
program.
``(c) Pro Rata Reductions in Authorizations.--If the aggregate of
the authorizations of appropriations established for carrying out this
subpart and section 1971 for a fiscal year (including authorizations
established under subsection (b)) exceeds the amount applicable under
subsection (a) to the fiscal year, each such authorization is reduced
pro rata by the amount necessary for the aggregate of the
authorizations to equal the applicable amount.''.
SEC. 11403. ABOLITION OF OFFICE OF THE SURGEON GENERAL OF THE PUBLIC
HEALTH SERVICE
With respect to the Office of the Surgeon General of the Public
Service--
(1) all authorities and personnel of the Office are
transferred to the Assistant Secretary for Health of the
Department of Health and Human Services;
(2) all unobligated portions of budget authority allocated
for the Office are rescinded; and
(3) the Office, and the position of such Surgeon General,
are terminated.
Subtitle F--Federal Employee Health Care Reform
SEC. 11501. GOVERNMENT CONTRIBUTION TO THE FEDERAL EMPLOYEES HEALTH
BENEFITS PROGRAM.
(a) In General.--Section 8906 of title 5, United States Code, is
amended by striking subsections (a) and (b) and inserting the
following:
``(a) For the purpose of this section, `base quarter' and `price
index' each has the meaning given it by section 8340.
``(b)(1)(A) Except as otherwise provided in this subsection, the
biweekly Government contribution for health benefits for an employee or
annuitant enrolled in a health benefits plan under this chapter shall
be--
``(i) $1,535, if enrollment is for self alone, and
``(ii) $3,430, if enrollment is for self and family,
as adjusted under subparagraph (B).
``(B) The biweekly Government contribution under this paragraph for
contract year 1997, or a subsequent contract year, is the applicable
amount under subparagraph (A), increased by the percentage (if any) by
which--
``(i) the price index for the base quarter of the preceding
contract year, exceeds
``(ii) the price index for the base quarter of contract
year 1994,
rounded to the nearest multiple of $5 (or, if midway between multiples
of $5, to the next higher multiple of $5). For an employee, the
adjustment begins on the first day of the employee's first pay period
of the contract year. For an annuitant, the adjustment begins on the
first day of the first period of the contract year for which an annuity
payment is made.
``(2) The biweekly Government contribution for an employee or
annuitant enrolled in a plan under this chapter shall not exceed the
subscription charge.
``(3) In the case of an employee occupying a position on a part-
time career employment basis (as defined in section 3401(2)), the
biweekly Government contribution shall be equal to the amount which
bears the same ratio to the otherwise applicable amount under this
subsection (determined without regard to this paragraph) as the average
number of hours of such employee's regularly scheduled workweek bears
to the average number of hours in the regularly scheduled workweek of
an employee serving in a comparable position on a full-time career
basis (as determined under regulations prescribed by the Office).''.
(b) Conforming Amendment.--Subsection (c) of section 613 of the
Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1212(c)) is repealed.
(c) Effective Date.--This section shall take effect at the
beginning of contract year 1997.
TITLE XII--MEDICARE
Subtitle A--Copayment Reform
SEC. 12001. IMPOSITION OF 20 PERCENT COINSURANCE ON HOME HEALTH
SERVICES.
(a) In General.--
(1) Part a.--Section 1813(a) of the Social Security Act (42
U.S.C. 1395e(a)) is amended by adding at the end the following
new paragraph:
``(5) The amount payable for a home health service furnished to an
individual under this part shall be reduced by a copayment amount equal
to 20 percent of the average of all the per visit costs for such
service furnished under this title determined under section
1861(v)(1)(L) (as determined by the Secretary on a prospective basis
for services furnished during a calendar year).''.
(2) Part b.--Section 1833(a)(2) of such Act (42 U.S.C.
1395l(a)(2)), as amended by section 147(f)(6)(C) of the Social
Security Act Amendments of 1994, is amended--
(A) in subparagraph (A)--
(i) by striking ``to home health services''
and all that follows through ``1861(kk))),'',
and
(ii) by striking the comma after
``opinion)'';
(B) in subparagraph (E), by striking ``and'' at the
end;
(C) in subparagraph (F), by striking the semicolon
at the end and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(G) with respect to any home health service other
than a covered osteoporosis drug (as defined in section
1861(kk))--
``(i) the lesser of --
``(I) the reasonable cost of such
service, as determined under section
1861(v), or
``(II) the customary charges with
respect to such service,
less the amount a provider may charge as
described in clause (ii) of section
1866(a)(2)(A), or
``(ii) if such service is furnished by a
public provider of services, or by another
provider which demonstrates to the satisfaction
of the Secretary that a significant portion of
its patients are low-income (and requests that
payment be made under this clause), free of
charge or at nominal charges to the public, the
amount determined in accordance with section
1814(b)(2),
less a copayment amount equal to 20 percent of the
average of all per visit costs for such service
furnished under this title determined under section
1861(v)(1)(L) (as determined by the Secretary on a
prospective basis for services furnished during a
calendar year);''.
(3) Provider charges.--Section 1866(a)(2)(A)(i) of such Act
(42 U.S.C. 1395cc(a)(2)(A)(i)) is amended--
(A) by striking ``deduction or coinsurance'' and
inserting ``deduction, coinsurance, or copayment''; and
(B) by striking ``or (a)(4)'' and inserting
``(a)(4), or (a)(5)''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to home health services furnished on or after October 1, 1995.
SEC. 12002. IMPOSITION OF 20 PERCENT COINSURANCE ON CLINICAL LABORATORY
SERVICES.
(a) In General.--Section 1833(a) of the Social Security Act (42
U.S.C. 1395l(a)), as amended by section 156(a)(2)(B) of the Social
Security Act Amendments of 1994, is amended--
(1) in paragraph (1)(D)--
(A) by striking ``(or 100 percent'' and all that
follows through ``basis)'', and
(B) by striking ``100 percent of such negotiated
rate'' and inserting ``80 percent of such negotiated
rate''; and
(2) in paragraph (2)(D)--
(A) by striking ``(or 100 percent'' and all that
follows through ``section 1866)'', and
(B) by striking ``100 percent of such negotiated
rate'' and inserting ``80 percent of such negotiated
rate''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to tests furnished on or after October 1, 1995.
Subtitle B--Part B Premium
SEC. 12101. RELATING MEDICARE PART B PREMIUM TO INCOME FOR CERTAIN HIGH
INCOME INDIVIDUALS.
(a) Increase in Premium.--
(1) In general.--Section 1839 of the Social Security Act
(42 U.S.C. 1395r), as amended by section 144 of the Social
Security Act Amendments of
1994, is amended by adding at the end the following:
``(h)(1) Notwithstanding the previous subsections of this section,
in the case of an individual whose modified adjusted gross income in a
taxable year ending with or within a calendar year (as reported by the
individual under section 1893(a)) is equal to or exceeds the sum of the
threshold amount described in paragraph (4) and $25,000, the amount of
the monthly premium for the calendar year shall be increased by an
amount such that the total monthly premium (determined without regard
to subsection (b)) is equal to 200 percent of the monthly actuarial
rate for enrollees age 65 and over as determined under subsection
(a)(1) for that calendar year. The preceding sentence shall not apply
to any individual whose threshold amount is zero.
``(2) Notwithstanding the previous subsections of this section, in
the case of an individual not described in paragraph (1) whose modified
adjusted gross income in a taxable year ending with or within a
calendar year (as reported by the individual under section 1893(a))
exceeds the threshold amount described in paragraph (4), the amount of
the monthly premium for the calendar year shall be increased by an
amount which bears the same ratio to the amount of the increase
determined under paragraph (1) as such excess bears to $25,000. The
preceding sentence shall not apply to any individual whose threshold
amount is zero.
``(3) Using information provided by the Secretary of the Treasury
under section 6103(l)(14) of the Internal Revenue Code of 1986, the
Secretary shall determine the actual modified adjusted gross income of
individuals enrolled in this part during a taxable year and adjust the
monthly premium applicable to an individual during a calendar year to
take into account any overpayments or underpayments in the premium
during the previous calendar year resulting from the application of
this subsection.
``(4) In this subsection and section 1813(c), the term `threshold
amount' means--
``(A) except as otherwise provided in this paragraph,
$70,000,
``(B) $90,000 in the case of an individual who files a
joint return under section 6013 of the Internal Revenue Code of
1986, and
``(C) zero in the case of an individual who--
``(i) is married at the close of the taxable year
(as determined under section 7703 of the Internal
Revenue Code of 1986) but does not file a joint return
for such year, and
``(ii) does not live apart from the individual's
spouse at all times during the taxable year.''.
(2) Conforming amendment.--Section 1839(f) of such Act (42
U.S.C. 1395r(f)) is amended by striking ``if an individual''
and inserting the following: ``if an individual (other than an
individual subject to an increase in the monthly premium under
this section pursuant to subsection (h))''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply to the monthly premium under section 1839
of the Social Security Act for months beginning after February
1996 in taxable years beginning after December 31, 1995.
(b) Reporting Requirement for Beneficiaries.--Title XVIII of the
Social Security Act is amended by adding at the end the following:
``report to secretary on estimated modified adjusted gross income
``Sec. 1893. (a) In General.--
``(1) Individuals covered throughout year.--Not later than
November 1 of each year (beginning with 1996), each individual
enrolled under part B shall submit to the Secretary (in such
form and manner as the Secretary may require, in consultation
with the Secretary of the Treasury) an estimate of the
individual's modified adjusted gross income anticipated for the
taxable year ending with or within the following calendar year,
to be used (subject to section 1839(h)(3)) to determine
whether the individual is to be subject to an increase in the
monthly part B premium under section 1839(h) for such following
calendar year.
``(2) Special rule for first year of coverage.--For the
first year in which an individual is enrolled under part B, the
individual shall submit to the Secretary (at such time and in
such form and manner as the Secretary may require, in
consultation with the Secretary of the Treasury) an estimate of
the individual's modified adjusted gross income anticipated for
the taxable year ending with December 31 of such year, to be
used to determine whether the individual is to be subject to an
increase in the monthly part B premium under section 1839(h)
for such year.
``(b) Special Rule for 1996.--Not later than 60 days after the date
of the enactment of this section, each individual described in
subsection (a) shall submit to the Secretary an estimate of the
individual's modified adjusted gross income for the taxable year ending
December 1995, to be used to determine (subject to section 1839(h)(3))
whether the individual is to be subject to an increase in the monthly
part B premium under section 1839(h) during 1996.
``(c) Modified Adjusted Gross Income Defined.--In subsection (a),
the term `modified adjusted gross income' means, with respect to an
individual for a taxable year, the individual's adjusted gross income
under the Internal Revenue Code of 1986, determined without regard to
sections 931 or 933 of such Code.''.
(c) Disclosure of Certain Tax Information by Secretary of
Treasury.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information) is amended by
adding at the end thereof the following new paragraph:
``(14) Disclosure of return information to means-test
medicare.--
``(A) In general.--The Secretary shall, upon
written request from the Administrator of the Health
Care Financing Administration, disclose to the officers
and employees of such Administration return information
necessary to determine the modified adjusted gross
income (as defined in section 1893(c) of the Social
Security Act) of any medicare beneficiary (as defined
in paragraph (12)(E)), to be used to determine whether
the beneficiary is to be subject to an increase in the
monthly part B premium under section 1839(g) of such
Act.
``(B) Restriction on use of disclosed
information.--Any officer or employee of the Health
Care Financing Administration receiving return
information under subparagraph (A) shall use such
information only for purposes of, and to the extent
necessary in, establishing the modified adjusted gross
income (as so defined) of any medicare beneficiary (as
so defined).''
(2) Conforming amendments.--Paragraphs (3)(A) and (4) of
section 6103(p) of such Code are each amended by striking ``or
(13)'' each place it appears and inserting ``(13), or (14)''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply with respect to information for taxable
years beginning after December 31, 1995.
SEC. 12103. SETTING THE PART B PREMIUM AT 25 PERCENT OF PROGRAM
EXPENDITURES PERMANENTLY.
(a) In General.--Section 1839(a)(3) of the Social Security Act (42
U.S.C. 1395r(a)(3)) is amended by striking ``The monthly premium'' and
all that follows through ``November 1.'' and inserting the following:
``The monthly premium shall be equal to 50 percent of the monthly
actuarial rate for enrollees age 65 and over, as determined according
to paragraph (1), for that succeeding calendar year.''.
(b) Conforming Amendments.--Section 1839 of such Act (42 U.S.C.
1395r) is amended--
(1) in subsection (a)(2), by striking ``(b) and (e)'' and
inserting ``(b), (c), (e), and (f)'';
(2) in the last sentence of subsection (a)(3), by striking
``and the derivation of the dollar amounts specified in this
paragraph''; and
(3) in subsection (e)--
(A) by striking ``(1)(A) Notwithstanding'' and all
that follows through ``(B)'',
(B) by striking paragraph (2), and
(C) by redesignating clauses (i) through (v) as
paragraphs (1) through (5).
Subtitle C--Part A Deductible
SEC. 12201. INCREASE IN MEDICARE HOSPITAL INSURANCE DEDUCTIBLE FOR
CERTAIN HIGH-INCOME INDIVIDUALS.
(a) Increase in Deductible.--
(1) In general.--Section 1813 of the Social Security Act
(42 U.S.C. 1395e) is amended by adding at the end the following
new subsection:
``(c)(1)(A) Notwithstanding the previous subsections of this
section, in the case of an individual whose modified adjusted gross
income in a taxable year ending with or within a calendar year (as
reported by the individual under section 1893(a)) exceeds the threshold
amount (described in section 1839(h)(4)), the inpatient hospital
deductible otherwise applicable with respect to an individual for a
spell of illness that begins during such year shall be increased--
``(i) in the case of an individual whose modified adjusted
gross income exceeds such threshold amount by less than $5,000,
by 33 percent of such deductible; or
``(ii) in the case of any other such individual, by 33
percent of such deductible for each $5,000 by which the
individual's modified adjusted gross income exceeds such
threshold amount.
``(B) Notwithstanding subparagraph (A), the total inpatient
hospital deductible applicable to an individual for a spell of illness
may not exceed--
``(i) for 1996, $2,000; and
``(ii) for any succeeding year, the amount described in
this subparagraph for the preceding calendar year, changed and
adjusted in the same manner as the inpatient hospital
deductible is changed and adjusted under subsection (b)(1).
``(2) Using information provided by the Secretary of the Treasury
under 6103(l)(14), the Secretary shall determine the actual modified
adjusted gross income of individuals enrolled in this part during a
taxable year and apply the following rules:
``(A) In the case of an individual subject to an increase
in the inpatient hospital deductible under paragraph (1) during
a year whose modified adjusted gross income did not exceed the
threshold amount (described in section 1839(h)(4)) for such
year, the Secretary shall refund to the individual the amount
of such increase.
``(B) In the case of an individual to which the inpatient
hospital deductible applied for inpatient hospital services
furnished in a year and whose actual modified adjusted gross
income exceeded the threshold amount (described in section
1839(h)(4)) for such year, if such individual was not subject
to an increase in such deductible during the year under
paragraph (1)--
``(i) the Secretary shall collect the amount by
which the deductible would have been increased if the
modified adjusted gross income reported by the
individual under section 1893(a) was equal to the
individual's actual modified adjusted gross income from
the hospital that furnished the inpatient hospital
services (either directly or through reductions in
payments to the hospital for subsequently furnished
services); and
``(ii) the individual shall be liable to the
hospital for payment of such amount.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to inpatient hospital services for which a spell of
illness (as defined in section 1861(a) of the Social Security
Act) begins after February 1996 in taxable years beginning
after December 31, 1995.
(b) Conforming Amendment to Reporting Requirement for
Beneficiaries.--Section 1893 of such Act, as added by section 12101(b),
is amended--
(1) in subsection (a), by striking ``part B'' each place it
appears in paragraphs (1) and (2) and inserting ``part B or
entitled to benefits under part A''; and
(2) by striking ``1839(h)'' each place it appears in
subsections (a) and (b) and inserting the following: `` 1839(h)
or an increase in the inpatient hospital deductible under
section 1813(c)''.
(c) Conforming Amendment to Disclosure Requirement for Secretary of
the Treasury.--Section 6103(l)(14)(A) of the Internal Revenue Code of
1986, as added by section 12101(c), is amended by striking ``1839(h)''
and inserting the following: `` 1839(h) or an increase in the inpatient
hospital deductible under section 1813(c)''.
Subtitle D--Medicare Payments to Hospitals
SEC. 12301. ELIMINATION OF PAYMENTS TO HOSPITALS FOR ENROLLEES' BAD
DEBTS.
(a) In General.--Section 1861(v)(1) of the Social Security Act (8
U.S.C. 1395x(v)(1)) is amended by adding at the end the following new
subparagraph:
``(T) In determining such reasonable costs for hospitals, bad debts
attributable to the deductibles and coinsurance amounts under this
title shall not be treated as allowable costs.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to hospital cost reporting periods beginning on or after October
1, 1995.
SEC. 12302. REDUCTION IN PAYMENTS FOR INDIRECT COSTS OF MEDICAL
EDUCATION.
(a) In General.--Section 1886(d)(5)(B)(ii) of the Social Security
Act (42 U.S.C. 1395ww(d)(5)(B)(ii)) is amended by striking ``1.89'' and
inserting ``.74''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to hospital cost reporting periods beginning on or after October
1, 1995.
Subtitle E--Selected Presidential Medicare Reforms
SEC. 12401. EXPANSION OF CENTERS OF EXCELLENCE.
(a) In General.--The Secretary of Health and Human Services shall
use a competitive process to contract with centers of excellence for
cataract surgery, coronary artery by-pass surgery, and such other
services as the Secretary determines to be appropriate. Payment under
title XVIII of the Social Security Act will be made for services
subject to such contracts on the basis of negotiated or all-inclusive
rates as follows:
(1) The center shall cover services provided in an urban
area (as defined in section 1886(d)(2)(D) of the Social
Security Act) for years beginning with fiscal year 1995.
(2) The amount of payment made by the Secretary to the
center under title XVIII of the Social Security Act for
services covered under the project shall be less than the
aggregate amount of the payments that the Secretary would have
made to the center for such services had the project not been
in effect.
(3) The Secretary shall make payments to the center on such
a basis for the following services furnished to individuals
entitled to benefits under such title:
(A) Facility, professional, and related services
relating to cataract surgery.
(B) Coronary artery bypass surgery and related
services.
(C) Such other services as the Secretary and the
center may agree to cover under the agreement.
(b) Rebate of Portion of Savings.--In the case of any services
provided under a demonstration project conducted under subsection (a),
the Secretary shall make a payment to each individual to whom such
services are furnished (at such time and in such manner as the
Secretary may provide) in an amount equal to 10 percent of the amount
by which--
(1) the amount of payment that would have been made by the
Secretary under title XVIII of the Social Security Act to the
center for such services if the services had not been provided
under the project, exceeds
(2) the amount of payment made by the Secretary under such
title to the center for such services.
SEC. 12402. APPLICATION OF COMPETITIVE ACQUISITION PROCESS FOR PART B
ITEMS AND SERVICES.
(a) General Rule.--Part B of title XVIII of the Social Security Act
is amended by inserting after section 1846 the following:
``competition acquisition for items and services
``Sec. 1847. (a) Establishment of Bidding Areas.--
``(1) In general.--The Secretary shall establish
competitive acquisition areas for the purpose of awarding a
contract or contracts for the furnishing under this part of the
items and services described in subsection (c) on or after
January 1, 1995. The Secretary may establish different
competitive acquisition areas under this subsection for
different classes of items and services under this part.
``(2) Criteria for establishment.--The competitive
acquisition areas established under paragraph (1) shall--
``(A) initially be, or be within, metropolitan
statistical areas; and
``(B) be chosen based on the availability and
accessibility of suppliers and the probable savings to
be realized by the use of competitive bidding in the
furnishing of items and services in the area.
``(b) Awarding of Contracts in Areas.--
``(1) In general.--The Secretary shall conduct a
competition among individuals and entities supplying items and
services under this part for each competitive acquisition area
established under subsection (a) for each class of items and
services.
``(2) Conditions for awarding contract.--The Secretary may
not award a contract to any individual or entity under the
competition conducted pursuant to paragraph (1) to furnish an
item or service under this part unless the Secretary finds that
the individual or entity--
``(A) meets quality standards specified by the
Secretary for the furnishing of such item or service;
and
``(B) offers to furnish a total quantity of such
item or service that is sufficient to meet the expected
need within the competitive acquisition area.
``(3) Contents of contract.--A contract entered into with
an individual or entity under the competition conducted
pursuant to paragraph (1) shall specify (for all of the items
and services within a class)--
``(A) the quantity of items and services the entity
shall provide; and
``(B) such other terms and conditions as the
Secretary may require.
``(c) Services Described.--The items and services to which the
provisions of this section shall apply are as follows:
``(1) Magnetic resonance imaging tests and computerized
axial tomography scans, including a physician's interpretation
of the results of such tests and scans.
``(2) Oxygen and oxygen equipment.
``(3) Such other items and services for which the Secretary
determines that the use of competitive acquisition under this
section will be appropriate and cost-effective.''.
(b) Items and Services To Be Furnished Only Through Competitive
Acquisition.--Section 1862(a) of such Act (42 U.S.C. 1395y(a)), as
amended by section 156(a)(2)(D) of the Social Security Act Amendments
of 1994, is amended--
(1) by striking ``or'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting ``; or''; and
(3) by inserting after paragraph (15) the following new
paragraph:
``(16) where such expenses are for an item or service
furnished in a competitive acquisition area (as established by
the Secretary under section 1847(a)) by an individual or entity
other than the supplier with whom the Secretary has entered
into a contract under section 1847(b) for the furnishing of
such item or service in that area, unless the Secretary finds
that such expenses were incurred in a case of urgent need.''.
(c) Reduction in Payment Amounts if Competitive Acquisition Fails
to Achieve Minimum Reduction in Payments.--Notwithstanding any other
provision of title XVIII of the Social Security Act, if the
establishment of competitive acquisition areas under section 1847 of
such Act (as added by subsection (a)) and the limitation of coverage
for items and services under part B of such title to items and services
furnished by providers with competitive acquisition contracts under
such section does not result in a reduction of at least 10 percent in
the projected payment amount that would have applied to the item or
service under part B if the item or service had not been furnished
through competitive acquisition under such section, the Secretary shall
reduce the payment amount by such percentage as the Secretary
determines necessary to result in such a reduction.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished under part B of title XVIII of
the Social Security Act on or after January 1, 1995.
SEC. 12403. APPLICATION OF COMPETITIVE ACQUISITION PROCEDURES FOR
LABORATORY SERVICES.
(a) In General.--Section 1847(c) of the Social Security Act, as
added by section 12402, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Clinical diagnostic laboratory tests.''.
(b) Reduction in Fee Schedule Amounts if Competitive Acquisition
Fails to Achieve Savings.--Section 1833(h) (42 U.S.C. 1395l(h)) is
amended by adding at the end the following new paragraph:
``(7) Notwithstanding any other provision of this subsection, if
the Secretary applies the authority provided under section 1847 to
establish competitive acquisition areas for the furnishing of clinical
diagnostic laboratory tests in a year and the application of such
authority does not result in a reduction of at least 10 percent in the
projected payment amount that would have applied to such tests under
this section if the tests had not been furnished through competitive
acquisition under section 1847, the Secretary shall reduce each payment
amount otherwise determined under the fee schedules and negotiated
rates established under this subsection by such percentage as the
Secretary determines necessary to result in such a reduction.''.
SEC. 12404. MEDICARE SECONDARY PAYER CHANGES.
(a) Extension of Data Match.--
(1) Section 1862(b)(5)(C) (42 U.S.C. 1395y(b)(5)(C)) is
amended by striking clause (iii).
(2) Section 6103(l)(12) of the Internal Revenue Code of
1986 is amended by striking subparagraph (F).
(b) Repeal of Sunset on Application to Disabled Employees of
Employers with More than 100 Employees.--Section 1862(b)(1)(B)(iii) (42
U.S.C. 1395y(b)(1)(B)(iii)), as amended by section 13561(b) of OBRA-
1993, is amended--
(1) in the heading, by striking ``Sunset'' and inserting
``Effective date''; and
(2) by striking ``, and before October 1, 1998''.
(c) Extension of Period for End Stage Renal Disease
Beneficiaries.--Section 1862(b)(1)(C) (42 U.S.C. 1395y(b)(1)(C)), as
amended by section 13561(c) of OBRA-1993, is amended in the second
sentence by striking ``and on or before October 1, 1998,''.
SEC. 12405. LIMITATIONS ON PAYMENT FOR PHYSICIANS' SERVICES FURNISHED
BY HIGH-COST HOSPITAL MEDICAL STAFFS.
(a) In General.--
(1) Limitations described.--Part B of title XVIII of the
Social Security Act is amended by adding at the end the
following new section:
``limitations on payment for physicians' services furnished by high-
cost hospital medical staffs
``Sec. 1849. (a) Services Subject to Reduction.--
``(1) Determination of hospital-specific per admission
relative value.--Not later than October 1 of each year
(beginning with 1997), the Secretary shall determine for each
hospital--
``(A) the hospital-specific per admission relative
value under subsection (b)(2) for the following year;
and
``(B) whether such hospital-specific relative value
is projected to exceed the allowable average per
admission relative value applicable to the hospital for
the following year under subsection (b)(1).
``(2) Reduction for services at hospitals exceeding
allowable average per admission relative value.--If the
Secretary determines (under paragraph (1)) that a medical
staff's hospital-specific per admission relative value for a
year (beginning with 1998) is projected to exceed the allowable
average per admission relative value applicable to the medical
staff for the year, the Secretary shall reduce (in accordance
with subsection (c)) the amount of payment otherwise determined
under this part for each physician's service furnished during
the year to an inpatient of the hospital by an individual who
is a member of the hospital's medical staff.
``(3) Timing of determination; notice to hospitals and
carriers.--Not later than October 1 of each year (beginning
with 1997), the Secretary shall notify the medical executive
committee of each hospital (as set forth in the Standards of
the Joint Commission on the Accreditation of Health
Organizations) of the determinations made with respect to the
medical staff under paragraph (1).
``(b) Determination of Allowable Average Per Admission Relative
Value and Hospital-Specific Per Admission Relative Values.--
``(1) Allowable average per admission relative value.--
``(A) Urban hospitals.--In the case of a hospital
located in an urban area, the allowable average per
admission relative value established under this
subsection for a year is equal to 125 percent (or 120
percent for years after 1999) of the median of 1996
hospital-specific per admission relative values
determined under paragraph (2) for all hospital medical
staffs.
``(B) Rural hospitals.--In the case of a hospital
located in a rural area, the allowable average per
admission relative value established under this
subsection for 1998 and each succeeding year, is equal
to 140 percent of the median of the 1996 hospital-
specific per admission relative values determined under
paragraph (2) for all hospital medical staffs.
``(2) Hospital-specific per admission relative value.--
``(A) In general.--The hospital-specific per
admission relative value projected for a hospital
(other than a teaching hospital) for a calendar year,
shall be equal to the average per admission relative
value (as determined under section 1848(c)(2)) for
physicians' services furnished to inpatients of the
hospital by the hospital's medical staff (excluding
interns and residents) during the second year preceding
such calendar year, adjusted for variations in case-mix
and disproportionate share status among hospitals (as
determined by the Secretary under subparagraph (C)).
``(B) Special rule for teaching hospitals.--The
hospital-specific relative value projected for a
teaching hospital in a calendar year shall be equal to
the sum of--
``(i) the average per admission relative
value (as determined under section 1848(c)(2))
for physicians' services furnished to
inpatients of the hospital by the hospital's
medical staff (excluding interns and residents)
during the second year preceding such calendar
year; and
``(ii) the equivalent per admission
relative value (as determined under section
1848(c)(2)) for physicians' services furnished
to inpatients of the hospital by interns and
residents of the hospital during the second
year preceding such calendar year, adjusted for
variations in case-mix, disproportionate share
status, and teaching status among hospitals (as
determined by the Secretary under subparagraph
(C)). The Secretary shall determine such
equivalent relative value unit per admission
for interns and residents based on the best
available data for teaching hospitals and may
make such adjustment in the aggregate.
``(C) Adjustment for teaching and disproportionate
share hospitals.--The Secretary shall adjust the
allowable per admission relative values otherwise
determined under this paragraph to take into account
the needs of teaching hospitals and hospitals receiving
additional payments under subparagraphs (F) and (G) of
section 1886(d)(5). The adjustment for teaching status
or disproportionate share shall not be less than zero.
``(c) Amount of Reduction.--The amount of payment otherwise made
under this part for a physician's service that is subject to a
reduction under subsection (a) during a year shall be reduced 15
percent, in the case of a service furnished by a member of the medical
staff of the hospital for which the Secretary determines under
subsection (a)(1) that the hospital medical staff's projected relative
value per admission exceeds the allowable average per admission
relative value.
``(d) Reconciliation of Reductions Based on Hospital-Specific
Relative Value Per Admission With Actual Relative Values.--
``(1) Determination of actual average per admission
relative value.--Not later than October 1 of each year
(beginning with 1999), the Secretary shall determine the actual
average per admission relative value (as determined pursuant to
section 1848(c)(2)) for the physicians' services furnished by
members of a hospital's medical staff to inpatients of the
hospital during the previous year, on the basis of claims for
payment for such services that are submitted to the Secretary
not later than 90 days after the last day of such previous
year. The actual average per admission shall be adjusted by the
appropriate case-mix, disproportionate share factor, and
teaching factor for the hospital medical staff (as determined
by the Secretary under subsection (b)(2)(C)). Notwithstanding
any other provision of this title, no payment may be made under
this part for any physician's service furnished by a member of
a hospital's medical staff to an inpatient of the hospital
during a year unless the hospital submits a claim to the
Secretary for payment for such service not later than 90 days
after the last day of the year.
``(2) Reconciliation with reductions taken.--In the case of
a hospital for which the payment amounts for physicians'
services furnished by members of the hospital's medical staff
to inpatients of the hospital were reduced under this section
for a year--
``(A) if the actual average per admission relative
value for such hospital's medical staff during the year
(as determined by the Secretary under paragraph (1))
did not exceed the allowable average per admission
relative value applicable to the hospital's medical
staff under subsection (b)(1) for the year, the
Secretary shall reimburse the fiduciary agent for the
medical staff by the amount by which payments for such
services were reduced for the year under subsection
(c), including interest at an appropriate rate
determined by the Secretary;
``(B) if the actual average per admission relative
value for such hospital's medical staff during the year
is less than 15 percentage points above the allowable
average per admission relative value applicable to the
hospital's medical staff under subsection (b)(1) for
the year, the Secretary shall reimburse the fiduciary
agent for the medical staff, as a percent of the total
allowed charges for physicians' services performed in
such hospital (prior to the withhold), the difference
between 15 percentage points and the actual number of
percentage points that the staff exceeds the limit
allowable average per admission relative value,
including interest at an appropriate rate determined by
the Secretary; and
``(C) if the actual average per admission relative
value for such hospital's medical staff during the year
exceeded the allowable average per admission relative
value applicable to the hospital's medical staff by 15
percentage points or more, none of the withhold is paid
to the fiduciary agent for the medical staff.
``(3) Medical executive committee of a hospital.--Each
medical executive committee of a hospital whose medical staff
is projected to exceed the allowable relative value per
admission for a year, shall have one year from the date of
notification that such medical staff is projected to exceed the
allowable relative value per admission to designate a fiduciary
agent for the medical staff to receive and disburse any
appropriate withhold amount made by the carrier.
``(4) Alternative reimbursement to members of staff.--At
the request of a fiduciary agent for the medical staff, if the
fiduciary agent for the medical staff is owed the reimbursement
described in paragraph (2)(B) for excess reductions in payments
during a year, the Secretary shall make such reimbursement to
the members of the hospital's medical staff, on a pro-rata
basis according to the proportion of physicians' services
furnished to inpatients of the hospital during the year that
were furnished by each member of the medical staff.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Medical staff.--An individual furnishing a
physician's service is considered to be on the medical staff of
a hospital--
``(A) if (in accordance with requirements for
hospitals established by the Joint Commission on
Accreditation of Health Organizations)--
``(i) the individual is subject to bylaws,
rules, and regulations established by the
hospital to provide a framework for the self-
governance of medical staff activities;
``(ii) subject to such bylaws, rules, and
regulations, the individual has clinical
privileges granted by the hospital's governing
body; and
``(iii) under such clinical privileges, the
individual may provide physicians' services
independently within the scope of the
individual's clinical privileges, or
``(B) if such physician provides at least one
service to a medicare beneficiary in such hospital.
``(2) Rural area; urban area.--The terms `rural area' and
`urban area' have the meaning given such terms under section
1886(d)(2)(D).
``(3) Teaching hospital.--The term `teaching hospital'
means a hospital which has a teaching program approved as
specified in section 1861(b)(6).''.
(2) Conforming amendments.--(A) Section 1833(a)(1)(N) of
such Act (42 U.S.C. 1395l(a)(1)(N)) is amended by inserting
``(subject to reduction under section 1849)'' after
``1848(a)(1)''.
(B) Section 1848(a)(1)(B) of such Act (42 U.S.C.
1395w@4(a)(1)(B)) is amended by striking ``this subsection,''
and inserting ``this subsection and section 1849,''.
(b) Requiring Physicians to Identify Hospital at Which Service
Furnished.--Section 1848(g)(4)(A)(i) of such Act (42 U.S.C.
1395w@4(g)(4)(A)(i)) is amended by striking ``beneficiary,'' and
inserting ``beneficiary (and, in the case of a service furnished to an
inpatient of a hospital, report the hospital identification number on
such claim form),''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 1998.
SEC. 12406. REDUCTION IN UPDATE FOR INPATIENT HOSPITAL SERVICES.
Section 1886(b)(3)(B)(i) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(i)) is amended--
(1) in subclause (XII)--
(A) by striking ``fiscal year 1997'' and inserting
``for each of the fiscal years 1997 through 2000'', and
(B) by striking ``0.5 percentage point'' and
inserting ``2.0 percentage points''; and
(2) in subclause (XIII), by striking ``fiscal year 1998''
and inserting ``fiscal year 2003''.
SEC. 12407. ESTABLISHMENT OF CUMULATIVE EXPENDITURE GOALS FOR PHYSICIAN
SERVICES.
(a) Use of Cumulative Performance Standard.--Section 1848(f)(2) of
the Social Security Act (42 U.S.C. 1395w@4(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in the heading, by striking ``In general'' and
inserting ``Fiscal years 1991 through 1994.--'',
(B) in the matter preceding clause (i), by striking
``a fiscal year (beginning with fiscal year 1991)'' and
inserting ``fiscal years 1991, 1992, 1993, and 1994'',
and
(C) in the matter following clause (iv), by
striking ``subparagraph (B)'' and inserting
``subparagraph (C)'';
(2) in subparagraph (B), by striking ``subparagraph (A)''
and inserting ``subparagraphs (A) and (B)'';
(3) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D); and
(4) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Fiscal years beginning with fiscal year
1995.--Unless Congress otherwise provides, the
performance standard rate of increase, for all
physicians' services and for each category of
physicians' services, for a fiscal year beginning with
fiscal year 1995 shall be equal to the performance
standard rate of increase determined under this
paragraph for the previous fiscal year, increased by
the product of--
``(i) 1 plus the Secretary's estimate of
the weighted average percentage increase
(divided by 100) in the fees for all
physicians' services or for the category of
physicians' services, respectively, under this
part for portions of calendar years included in
the fiscal year involved,
``(ii) 1 plus the Secretary's estimate of
the percentage increase or decrease (divided by
100) in the average number of individuals
enrolled under this part (other than HMO
enrollees) from the previous fiscal year to the
fiscal year involved,
``(iii) 1 plus the Secretary's estimate of
the average annual percentage growth (divided
by 100) in volume and intensity of all
physicians' services or of the category of
physicians' services, respectively, under this
part for the 5-fiscal-year period ending with
the preceding fiscal year (based upon
information contained in the most recent annual
report made pursuant to section 1841(b)(2)),
and
``(iv) 1 plus the Secretary's estimate of
the percentage increase or decrease (divided by
100) in expenditures for all physicians'
services or of the category of physicians'
services, respectively, in the fiscal year
(compared with the previous fiscal year) which
are estimated to result from changes in law or
regulations affecting the percentage increase
described in clause (i) and which is not taken
into account in the percentage increase
described in clause (i),
minus 1, multiplied by 100, and reduced by the
performance standard factor (specified in subparagraph
(C)).''.
(b) Treatment of Default Update.--
(1) In general.--Section 1848(d)(3)(B) (42 U.S.C.
1395w@4(d)(3)(B)) is amended--
(A) in clause (i)--
(i) in the heading, by striking ``In
general'' and inserting ``1992 through 1996'',
and
(ii) by striking ``for a year'' and
inserting ``for 1992, 1993, 1994, 1995, and
1996''; and
(B) by adding after clause (ii) the following new
clause:
``(iii) Years beginning with 1997.--
``(I) In general.--The update for a
category of physicians' services for a
year beginning with 1997 provided under
subparagraph (A) shall be increased or
decreased by the same percentage by
which the cumulative percentage
increase in actual expenditures for
such category of physicians' services
for such year was less or greater,
respectively, than the performance
standard rate of increase (established
under subsection (f)) for such category
of services for such year.
``(II) Cumulative percentage
increase defined.--In subclause (I),
the `cumulative percentage increase in
actual expenditures' for a year shall
be equal to the product of the adjusted
increases for each year beginning with
1995 up to and including the year
involved, minus 1 and multiplied by
100. In the previous sentence, the
`adjusted increase' for a year is equal
to 1 plus the percentage increase in
actual expenditures for the year.''.
(2) Conforming amendment.--Section 1848(d)(3)(A)(i) (42
U.S.C. 1395w@4(d)(3)(A)(i)) is amended by striking
``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)''.
SEC. 12408. EXTENSION OF FREEZE ON UPDATES TO ROUTINE SERVICE COSTS OF
SKILLED NURSING FACILITIES.
(a) Payments Based on Cost Limits.--Section 1888(a) of the Social
Security Act (42 U.S.C. 1395yy(a)) is amended by striking ``112
percent'' each place it appears and inserting ``100 percent (adjusted
by such amount as the Secretary determines to be necessary to preserve
the savings resulting from the enactment of section 13503(a)(1) of the
Omnibus Budget Reconciliation Act of 1993)''.
(b) Payments Determined on Prospective Basis.--Section
1888(d)(2)(B) of such Act (42 U.S.C. 1395yy(d)(2)(B)) is amended by
striking ``105 percent'' and inserting ``100 percent (adjusted by such
amount as the Secretary determines to be necessary to preserve the
savings resulting from the enactment of section 13503(b) of the Omnibus
Budget Reconciliation Act of 1993)''.
(c) Effective Date.--The amendments made by subsections (a) and(b)
shall apply to cost reporting periods beginning on or after October 1,
1995.
SEC. 12409. REDUCTION IN ROUTINE COST LIMITS FOR HOME HEALTH SERVICES.
(a) Reduction in Update to Maintain Freeze in 1996.--Section
1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(i)) is amended--
(1) in subclause (II), by striking ``or'' at the end;
(2) in subclause (III), by striking ``112 percent,'' and
inserting ``and before July 1, 1996, 112 percent, or''; and
(3) by inserting after subclause (III) the following new
subclause:
``(IV) July 1, 1996, 100 percent (adjusted by such amount
as the Secretary determines to be necessary to preserve the
savings resulting from the enactment of section 13564(a)(1) of
the Omnibus Budget Reconciliation Act of 1993),''.
(b) Basing Limits in Subsequent Years on Median of Costs.--
(1) In general.--Section 1861(v)(1)(L)(i) of such Act
(U.S.C. 1395x(v)(1)(L)(i)), as amended by subsection (a), is
amended in the matter following subclause (IV) by striking
``the mean'' and inserting ``the median''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to cost reporting periods beginning on or after
July 1, 1997.
SEC. 12410. ELIMINATION OF FORMULA-DRIVEN OVERPAYMENTS FOR CERTAIN
OUTPATIENT HOSPITAL SERVICES.
(a) Ambulatory Surgical Center Procedures.--Section
1833(i)(3)(B)(i)(II) of the Social Security Act (42 U.S.C.
1395l(i)(3)(B)(i)(II)) is amended--
(1) by striking ``of 80 percent''; and
(2) by striking the period at the end and inserting the
following: ``, less the amount a provider may charge as
described in clause (ii) of section 1866(a)(2)(A).''.
(b) Radiology Services and Diagnostic Procedures.--Section
1833(n)(1)(B)(i)(II) of such Act (42 U.S.C. 1395l(n)(1)(B)(i)(II)) is
amended--
(1) by striking ``of 80 percent''; and
(2) by striking the period at the end and inserting the
following: ``, less the amount a provider may charge as
described in clause (ii) of section 1866(a)(2)(A).''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished during portions of cost reporting periods
occurring on or after July 1, 1994.
TITLE XIII--INCOME SECURITY
Subtitle A--Administrative Reform
SEC. 13001. ELIMINATION OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(a) Elimination of Department.--
(1) In general.--The Department of Housing and Urban
Development Act (42 U.S.C. 3531 et seq.) is hereby repealed.
(2) Effective date.--Paragraph (1) shall take effect on
January 1, 1998.
(b) Termination of GNMA.--Section 302(a)(2)(A) of the National
Housing Act (12 U.S.C. 1717(a)(2)(A)) is amended by adding at the end
the following new sentences: ``Upon January 1, 1988 (or such earlier
date as provided in the plan of the Secretary of Housing and Urban
Development under section 13001(b) of the Restructuring a Limited
Government Act), the body corporate described in this subparagraph
shall cease to exist. Upon such date, any authority of the Department
of Housing and Urban Development under this Act or any other Act to
carry out duties and functions of the Association shall terminate,
except to the extent provided in such plan as necessary to meet any
outstanding obligations of the Association.''.
(c) Duties of the Secretary.--
(1) In general.--Notwithstanding any other provision of
this Act or any other provision of law, prior to January 1,
1998, the Secretary of Housing and Urban Development (hereafter
in this section referred to as the ``Secretary'') shall take
such actions as may be necessary to--
(A) consolidate the programs administered by the
Department of Housing and Urban Development into a
block grant program;
(B) convert all funding for public and assisted
housing under the United States Housing Act of 1937 to
tenant-based rental assistance;
(C) convert the Federal Housing Administration into
a government-controlled corporation, which would
provide mortgage insurance only to low- and moderate-
income persons under risk-sharing agreements with
private mortgage insurers;
(D) transfer, if the Secretary determines
appropriate and feasible, the functions of the
Government National Mortgage Association to the Federal
National Mortgage Association or the Federal Home Loan
Mortgage Corporation, fulfill any outstanding
obligations of the Government National Mortgage
Association, and windup the business of such
Association; and
(E) otherwise provide for the complete elimination
of the Department of Housing and Urban Development
pursuant to subsections (a) and (b).
(2) Submissions to congress.--
(A) Strategic plan.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
submit to the Congress a plan to carry out paragraph
(1), which shall include any recommendations for--
(i) legislation necessary to carry out
paragraph (1);
(ii) transfers of functions and activities,
including all existing obligations to other
existing or successor Federal or State
agencies.
(B) Privatization of fha.--Not later than 180 days
after the date of enactment of this Act, the Secretary
shall submit to the Congress a report which shall
include--
(i) recommendations and a strategic plan
for the complete privatization of the Federal
Housing Administration; and
(ii) a description of the projected cost
savings to the Federal Government that would be
achieved through the complete privatization of
the Federal Housing Administration.
(d) Congressional Budget Office Recommendations.--Not later than
180 days after the date of enactment of this Act, the Director of the
Congressional Budget Office shall submit to the Committee on Banking
and Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate a list
of recommendations for minimizing the cost of Federal housing and
community development programs through the elimination of the
Department of Housing and Urban Development.
(e) GAO Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Banking and Financial Services of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report which shall include
recommendations for the most efficient means of achieving--
(1) the complete elimination of the Department of Housing
and Urban Development; and
(2) the transfer of the functions of the Department of
Housing and Urban Development to other existing or successor
Federal or State agencies.
(f) Transfer of Functions and Savings Provisions.--
(1) Definitions.--For purposes of this subsection, unless
otherwise provided or indicated by the context--
(A) the term ``Federal agency'' has the meaning
given to the term ``agency'' by section 551(1) of title
5, United States Code;
(B) the term ``function'' means any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program; and
(C) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(2) Transfer of functions.--There are transferred to the
Department of Justice all functions which the Secretary of
Housing and Urban Development exercised before the date of the
enactment of this Act (including all related functions of any
officer or employee of the Department of Housing and Urban
Development) relating to the Fair Housing Act or the rights
granted under the Fair Housing Act.
(3) Determinations of certain functions by the office of
management and budget.--If necessary, the Office of Management
and Budget shall make any determination of the functions that
are transferred under paragraph (2).
(4) Personnel provisions.--
(A) Appointments.--The attorney general may appoint
and fix the compensation of such officers and
employees, including investigators, attorneys, and
administrative law judges, as may be necessary to carry
out the respective functions transferred under this
subsection. 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, United States Code.
(B) Experts and consultants.--The Attorney General
may obtain the services of experts and consultants in
accordance with section 3109 of title 5, United States
Code, and compensate such experts and consultants for
each day (including travel time) at rates not in excess
of the rate of pay for level IV of the Executive
Schedule under section 5315 of such title. The Attorney
General may pay experts and consultants who are serving
away from their homes or regular place of business
travel expenses and per diem in lieu of subsistence at
rates authorized by sections 5702 and 5703 of such
title for persons in Government service employed
intermittently.
(5) Delegation and assignment.--Except where otherwise
expressly prohibited by law or otherwise provided by this
subsection, the Attorney General may delegate any of the
functions transferred to the Attorney General by this title and
any function transferred or granted to such Attorney General
after the effective date of this subsection to such officers
and employees of the Department of Justice as the Attorney
General may designate, and may authorize successive
redelegations of such functions as may be necessary or
appropriate. No delegation of functions by the Attorney General
under this paragraph or under any other provision of this
subsection shall relieve such Attorney General of
responsibility for the administration of such functions.
(6) Reorganization.--The Attorney General is authorized to
allocate or reallocate any function transferred under paragraph
(2) among the officers of the Department of Justice, and to
establish, consolidate, alter, or discontinue such
organizational entities in the Department of Justice as may be
necessary or appropriate.
(7) Rules.--The Attorney General is authorized to
prescribe, in accordance with the provisions of chapters 5 and
6 of title 5, United States Code, such rules and regulations as
the Attorney General determines necessary or appropriate to
administer and manage the functions of the Department of
Justice.
(8) Transfer and allocations of appropriations and
personnel.--Except as otherwise provided in this subsection,
the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from, available to,
or to be made available in connection with the functions
transferred by this subsection, subject to section 1531 of
title 31, United States Code, shall be transferred to the
Department of Justice. Unexpended funds transferred pursuant to
this paragraph shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(9) Incidental transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, is authorized to make such determinations as may
be necessary with regard to the functions transferred by this
subsection, and to 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, as may be necessary to carry
out the provisions of this subsection. The Director of the
Office of Management and Budget shall provide for the
termination of the affairs of all entities terminated by this
subsection and for such further measures and dispositions as
may be necessary to effectuate the purposes of this subsection.
(10) Effect on personnel.--
(A) In general.--Except as otherwise provided by
this subsection, the transfer pursuant to this
subsection 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
one year after the date of transfer of such employee
under this subsection.
(B) Executive schedule positions.--Except as
otherwise provided in this subsection, any person who,
on the day preceding the effective date of this
subsection, 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 of Justice
to a position having duties comparable to the duties
performed immediately preceding such appointment shall
continue to be compensated in such new position at not
less than the rate provided for such previous position,
for the duration of the service of such person in such
new position.
(C) Termination of certain positions.--Positions
whose incumbents are appointed by the President, by and
with the advice and consent of the Senate, the
functions of which are transferred by this subsection,
shall terminate on the effective date of this
subsection.
(11) Savings Provisions.--
(A) Continuing effect of legal documents.--All
orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses,
registrations, privileges, and other administrative
actions--
(i) which have been issued, made, granted,
or allowed to become effective by the
President, any Federal agency or official
thereof, or by a court of competent
jurisdiction, in the performance of functions
which are transferred under this subsection,
and
(ii) which are in effect at the time this
subsection takes effect, or were final before
the effective date of this subsection and are
to become effective on or after the effective
date of this subsection,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with law by the President, the Attorney
General or other authorized official, a court of
competent jurisdiction, or by operation of law.
(B) Proceedings not affected.--The provisions of
this subsection shall not affect any proceedings,
including notices of proposed rulemaking, or any
application for any license, permit, certificate, or
financial assistance pending before the Department of
Housing and Urban Development at the time this
subsection takes effect, with respect to functions
transferred by this subsection but such proceedings and
applications shall be continued. Orders shall be issued
in such proceedings, appeals shall be taken therefrom,
and payments shall be made pursuant to such orders, as
if this subsection had not been enacted, and orders
issued in any such proceedings shall continue in effect
until modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent
jurisdiction, or by operation of law. Nothing in this
subparagraph 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 subsection had not
been enacted.
(C) Suits not affected.--The provisions of this
subsection shall not affect suits commenced before the
effective date of this subsection, 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 subsection had not been enacted.
(D) Nonabatement of actions.--No suit, action, or
other proceeding commenced by or against the Department
of Housing and Urban Development, or by or against any
individual in the official capacity of such individual
as an officer of the Department of Housing and Urban
Development, shall abate by reason of the enactment of
this subsection.
(E) Administrative actions relating to promulgation
of regulations.--Any administrative action relating to
the preparation or promulgation of a regulation by the
Department of Housing and Urban Development relating to
a function transferred under this subsection may be
continued by the Department of
Justice with the same effect as if this subsection had
not been enacted.
(12) Separability.--If a provision of this subsection or
its application to any person or circumstance is held invalid,
neither the remainder of this subsection nor the application of
the provision to other persons or circumstances shall be
affected.
(13) Transition.--The Attorney General is authorized to
utilize--
(A) the services of such officers, employees, and
other personnel of the Department of Housing and Urban
Development with respect to functions transferred to
the Department of Justice by this subsection; and
(B) funds appropriated to such functions for such
period of time as may reasonably be needed to
facilitate the orderly implementation of this
subsection.
(14) References.--Reference in any other Federal law,
executive order, rule, regulation, or delegation of authority,
or any document of or relating to--
(A) the Secretary of Housing and Urban Development
with regard to functions transferred under paragraph
(2), shall be deemed to refer to the Attorney General;
and
(B) the Department of Housing and Urban Development
with regard to functions transferred under paragraph
(2), shall be deemed to refer to the Department of
Justice.
(15) Additional conforming amendments.--
(A) Recommended legislation.--After consultation
with the appropriate committees of the Congress and the
Director of the Office of Management and Budget, the
Attorney General shall prepare and submit to the
Congress recommended legislation containing technical
and conforming amendments to reflect the changes made
by this subsection.
(B) Submission to the congress.--No later than 6
months after the effective date of this subsection, the
Attorney General shall submit the recommended
legislation referred to under subparagraph (A).
(16) Effective Date.--This subsection shall take effect 180
days after the date of enactment of this Act.
Subtitle B--Housing Program Reforms
SEC. 13101. ELIMINATION OF OPERATING SUBSIDIES FOR VACANT PUBLIC
HOUSING.
(a) In General.--Section 9(a)(3)(B) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(a)(3)(B)) is amended--
(1) in clause (iv), by striking ``and'' at the end;
(2) in clause (v), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(vi) no payment may be provided under this section for
any dwelling unit that has been vacant for a period of 180 days
or more unless such unit is vacant because of comprehensive
modernization, major reconstruction, demolition, or disposition
activities that have been funded or approved.''.
(b) Elimination of Annual Contribution Reserve.--Section 14(p) of
the United States Housing Act of 1937 (42 U.S.C. 1437l(p)) is amended
by striking paragraph (3).
(c) Recapture of Annual Contribution Reserve.--The Secretary of
Housing and Urban Development shall recapture any amounts reserved from
annual contributions for public housing agencies and deposited in
accounts established on behalf of the agencies pursuant to paragraph
(3) of section 14(p) of the United States Housing Act of 1937 (as in
effect immediately before the date of the enactment of this Act).
SEC. 13102. INCREASE OF TENANT CONTRIBUTIONS.
(a) United States Housing Act of 1937.--The United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) is amended as follows:
(1) General rule for section 8 and public housing.--In
section 3(a)(1)(A), by striking ``30 per centum'' and inserting
``35 percent''.
(2) Section 8 vouchers.--In section 8(o)--
(A) in paragraph (2), by striking ``30 per centum''
and inserting ``35 percent''; and
(B) in paragraph (11)(B)(ii), by striking ``30
percent'' and inserting ``35 percent''.
(3) Section 8 assistance for rental rehabilitation
projects.--In section 8(u)(2), by striking ``30 percent'' and
inserting ``35 percent''.
(4) Section 8 homeownership assistance.--In section
8(y)(2)(A), by striking ``30 percent'' and inserting ``35
percent''.
(5) Displacement assistance.--In section 16(d)(1), by
striking ``30 percent'' and inserting ``35 percent''.
(6) Family self-sufficiency program.--In section 23(d), by
striking ``30 percent'' each place it appears and inserting
``35 percent''.
(7) Mutual help homeownership program for indian housing.--
In section 202(e)(2)(A)(i)(I), by striking ``30 percent'' and
inserting ``35 percent''.
(b) Section 8 Assistance for Preservation of State-Sponsored Low-
Income Housing.--Section 613(b)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 4125(b)(2)) is amended by striking
``30 percent'' and inserting ``35 percent''.
(c) Low-Income Housing Preservation Programs.--
(1) Lihprh act of 1990.--The Low-Income Housing
Preservation and Resident Homeownership Act of 1990 is
amended--
(A) in section 218(a)(1)(A) (12 U.S.C.
4108(a)(1)(A)), by striking ``30 percent'' and
inserting ``35 percent''; and
(B) in section 222(a)(2)(D)(i) (12 U.S.C.
4112(a)(2)(D)(i)), by striking ``30 percent'' and
inserting ``35 percent''.
(2) Elihp act of 1987.--Any reference in the provisions of
the Emergency Low Income Housing Preservation Act of 1987 (as
in effect before the date of the enactment of the Cranston-
Gonzalez National Affordable Housing Act) to 30 percent of the
adjusted income of a tenant or family shall be considered to
mean 35 percent of such adjusted income, for purposes of the
applicability of the provisions of the Emergency Low Income
Housing Preservation Act of 1987 pursuant to section 604 of the
Cranston-Gonzalez National Affordable Housing Act.
SEC. 13103. REDUCTION OF PHA ADMINISTRATIVE FEES FOR SECTION 8 RENTAL
ASSISTANCE PROGRAM.
(a) Monthly Fee.--
(1) In general.--Section 8(q)(1) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(q)(1)) is amended--
(A) by striking the 2d sentence and inserting the
following new sentences: ``In fiscal year 1996 the
amount of the fee for each month for which a dwelling
unit is covered by an assistance contract shall be
7.2375 percent of the fair market rental established
under subsection (c)(1) for a 2-bedroom existing rental
dwelling unit in the market area of the public housing
agency. In fiscal year 1997 and in each fiscal year
thereafter, the fee shall be 5.0 percent of such fair
market rental.''; and
(B) in the last sentence, by striking ``fee'' and
inserting ``amount of the fee established under this
paragraph, for certain programs,''.
(2) Effective date and applicability.--
(A) Effective date.--The amendments under paragraph
(1) shall be made on October 1, 1995.
(B) Applicability.--The amendments made by this
subsection shall apply to any dwelling units covered by
an assistance contract under section 8 of the United
States Housing Act of 1937 in effect on October 1,
1995, and any units covered by such a contract entered
into or renewed on or after such date.
(b) Start-Up Fee.--
(1) In general.--Section 8(q)(2)(A)(i) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(q)(2)(A)(i)) is amended by
striking ``$275'' and inserting ``$590''.
(2) Effective date.--The amendment under paragraph (1)
shall be made and shall take effect on October 1, 1995.
Subtitle C--Supplemental Security Income Reforms
SEC. 13201. MORE TIMELY REPORTING OF ADMISSIONS OF SSI RECIPIENTS TO
NURSING HOMES; $30 LIMIT ON SSI BENEFITS FOR RECIPIENTS
IN NURSING HOMES IF MEDICAID PAYS MOST OF THEIR CARE
COSTS.
Section 1631(e)(1)(C) of the Social Security Act (42 U.S.C.
1383(e)(1)(C)), as added by section 6(a) of the Social Security
Domestic Employment Reform Act of 1994, is amended by striking ``2
weeks'' and inserting ``1 day''.
SEC. 13202. REDUCED UNEARNED INCOME EXCLUSION UNDER THE SUPPLEMENTAL
SECURITY INCOME PROGRAM.
Section 1612(b)(3)(A) of the Social Security Act (42 U.S.C.
1382a(b)(3)(A)) is amended by striking ``$20'' and inserting ``$15''.
SEC. 13203. RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL SECURITY BENEFITS.
(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by adding at the end the following new
section:
``recovery of ssi overpayments from oasdi benefits
``Sec. 1144. (a) Whenever the Commissioner of Social Security
determines that more than the correct amount of supplemental security
income benefits has been paid to any person and the Commissioner is
unable to make proper adjustment or recovery of the amount so
incorrectly paid as provided in section 1631(b), the Commissioner
(notwithstanding section 207) may recover the amount incorrectly paid
by reducing monthly insurance benefits otherwise payable under title II
to such person or such person's estate.
``(b) Together with any certification for payment of monthly
insurance benefits under title II pursuant to section 205(i), the
Commissioner shall include a certification of the amount of any
reduction in such benefits made pursuant to subsection (a). Upon
receipt of such certification of the amount of the reduction, the
Secretary of the Treasury, as Managing Trustee of the Federal Old-Age
and Survivors Insurance Trust Fund or the Federal Disability Insurance
Trust Fund, shall transfer an amount equal to the amount of such
reduction as so certified from the appropriate Trust Fund to the
general fund of the Treasury.
``(c) For purposes of this section, the term `supplemental security
income benefit' means a benefit under title XVI, including a
supplementary payment of the type described in section 1616(a) and a
payment pursuant to an administration agreement entered into under
section 212(b) of Public Law 93-66.''.
(b) Conforming Amendment.--Section 1631(b) of such Act (42 U.S.C.
1383(b)) is amended by adding at the end the following new paragraph:
``(6) For provisions relating to the recovery of overpayments under
this title by means of reduction in benefits otherwise payable under
title II, see section 1144.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
overpayments outstanding on or after such date.
Subtitle D--Civil Service Reforms
SEC. 13301. 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, 1994.
``(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. 13302. DEFERRAL UNTIL AGE 62 OF COST-OF-LIVING ADJUSTMENTS FOR
MILITARY RETIREES WHO FIRST ENTERED MILITARY SERVICE ON
OR AFTER JANUARY 1, 1996.
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, 1996, 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. 13303. 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).''.
Subtitle E--Assistance Program Reforms
SEC. 13401. LOW-INCOME HOME ENERGY ASSISTANCE.
Section 2602(b) of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621(b)) is amended by inserting after the first
sentence the following new sentence: ``There are authorized to be
appropriated to carry out this title $700,000,000 for each of the
fiscal years 1996 through 2000.''.
SEC. 13402. ADDITIONAL REQUIREMENTS FOR UNEMPLOYMENT BENEFITS.
(a) General Rule.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (17), by redesignating
paragraph (18) as paragraph (20), and by inserting after paragraph (17)
the following new paragraphs:
``(18) compensation shall not be payable to any individual
for such individual's first 2 weeks of otherwise compensable
unemployment during any benefit year; except that this
paragraph shall not apply in the case of a benefit year which
immediately follows the ending of a preceding benefit year for
the individual;
``(19) compensation shall not be payable to any individual
for any benefit year if the taxable income of such individual
for such individual's most recent taxable year ending before
the beginning of such benefit year exceeded $120,000; and''.
(b) Conforming Amendment.--Paragraph (2) of section 204(a) of the
Federal-State Extended Unemployment Compensation Act of 1970 is amended
by striking subparagraph (B) and redesignating subparagraphs (C) and
(D) as subparagraphs (B) and (C), respectively.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to benefit years
beginning after September 30, 1995.
(2) Special rule.--In the case of any State the legislature
of which has not been in session for at least 30 calendar days
(whether or not successive) between the date of the enactment
of this Act and September 30, 1995, the amendments made by this
section shall apply to benefit years beginning after the day 30
calendar days after the first day on which such legislature is
in session on or after September 30, 1995.
SEC. 13403. DENIAL OF UNEMPLOYMENT BENEFITS TO INDIVIDUALS WHO
VOLUNTARILY LEAVE MILITARY SERVICE.
(a) General Rule.--Paragraph (1) of section 8521(a) of title 5,
United States Code, is amended to read as follows:
``(1) `Federal service' means active service (not including
active duty in a reserve status unless for a continuous period
of 45 days or more) in the armed forces or the commissioned
corps of the National Oceanic and Atmospheric Administration if
with respect to that service the individual--
``(A) was discharged or released under honorable
conditions,
``(B) did not resign or voluntarily leave the
service, and
``(C) was not discharged or released for cause as
defined by the Secretary of Defense;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply in the case of a discharge or release after the date of the
enactment of this Act.
SEC. 13404. INCREASE IN VARIABLE RATE PREMIUM CHARGED BY THE PENSION
BENEFIT GUARANTY CORPORATION TO SINGLE-EMPLOYER PLANS.
(a) In General.--Clause (ii) of section 4006(a)(3)(E) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(E)(ii)) is amended by striking ``$9.00'' and inserting
``$18.00''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to plan years beginning on or after January 1, 1997.
TITLE XIV--PERSONAL RESPONSIBILITY AND FAMILY PRESERVATION
SEC. 14001. SHORT TITLE.
This title may be cited as the ``Personal Responsibility Act of
1995''.
SEC. 14002. TABLE OF CONTENTS.
The table of contents of this title is as follows:
TITLE XIV--PERSONAL RESPONSIBILITY AND FAMILY PRESERVATION
Sec. 14001. Short title.
Sec. 14002. Table of contents.
Subtitle A--Block Grants for Temporary Assistance for Needy Families
Sec. 14100. Sense of the Congress.
Sec. 14101. Block grants to States.
Sec. 14102. Report on data processing.
Sec. 14103. Transfers.
Sec. 14104. Conforming amendments to the Social Security Act.
Sec. 14105. Conforming amendments to other laws.
Sec. 14106. Continued application of current standards under medicaid
program.
Sec. 14107. Effective date.
Subtitle B--Child Protection Block Grant Program
Sec. 14201. Establishment of program.
Sec. 14202. Conforming amendments.
Sec. 14203. Continued application of current standards under Medicaid
Program.
Sec. 14204. Effective date.
Sec. 14205. Sense of the Congress regarding timely adoption of
children.
Subtitle C--Block Grants for Child Care and for Nutrition Assistance
Chapter 1--Child Care Block Grants
Sec. 14301. Amendments to the Child Care and Development Block Grant
Act of 1990.
Sec. 14302. Repeal of child care assistance authorized by acts other
than the Social Security Act.
Chapsubchapter a--family nutrition block grant programnts
Sec. 143subchapter b--school-based nutrition block grant program
Sec. 14341. Amendsubchapter c--miscellaneous provisions
Sec. 14361. Repealers.
Chapter 3--Other Repealers and Conforming Amendments
Sec. 14371. Amendments to laws relating to child protection block
grant.
Chapter 4--Related Provisions
Sec. 14381. Requirement that data relating to the incidence of poverty
in the United States be published at least
every 2 years.
Sec. 14382. Data on program participation and outcomes.
Chapter 5--General Effective Date; Preservation of Actions,
Obligations, and Rights
Sec. 14391. Effective date.
Sec. 14392. Application of amendments and repealers.
Subtitle D--Restricting Welfare and Public Benefits for Aliens
Sec. 14400. Statements of national policy concerning welfare and
immigration.
Chapter 1--Eligibility for Federal Benefits Programs
Sec. 14401. Ineligibility of illegal aliens for certain public benefits
programs.
Sec. 14402. Ineligibility of nonimmigrants for certain public benefits
programs.
Sec. 14403. Limited eligibility of immigrants for 5 specified Federal
public benefits programs.
Sec. 14404. Notification.
Chapter 2--Eligibility for State and Local Public Benefits Programs
Sec. 14411. Ineligibility of illegal aliens for State and local public
benefits programs.
Sec. 14412. Ineligibility of nonimmigrants for State and local public
benefits programs.
Sec. 14413. State authority to limit eligibility of immigrants for
State and local means-tested public
benefits programs.
Chapter 3--Attribution of Income and Affidavits of Support
Sec. 14421. Attribution of sponsor's income and resources to family-
sponsored immigrants.
Sec. 14422. Requirements for sponsor's affidavit of support.
Chapter 4--General Provisions
Sec. 14431. Definitions.
Sec. 14432. Construction.
Chapter 5--Conforming Amendments
Sec. 14441. Conforming amendments relating to assisted housing.
Subtitle E--Food Stamp Reform and Commodity Distribution
Sec. 14501. Short title.
Chapter 1--Commodity Distribution Provisions
Sec. 14511. Short title.
Sec. 14512. Availability of commodities.
Sec. 14513. State, local and private supplementation of commodities.
Sec. 14514. State plan.
Sec. 14515. Allocation of commodities to States.
Sec. 14516. Priority system for State distribution of commodities.
Sec. 14517. Initial processing costs.
Sec. 14518. Assurances; anticipated use.
Sec. 14519. Authorization of appropriations.
Sec. 14520. Commodity supplemental food program.
Sec. 14521. Commodities not income.
Sec. 14522. Prohibition against certain State charges.
Sec. 14523. Definitions.
Sec. 14524. Regulations.
Sec. 14525. Finality of determinations.
Sec. 14526. Sale of commodities prohibited.
Sec. 14527. Settlement and adjustment of claims.
Sec. 14528. Repealers; amendments.
Chapter 2--Consolidating Food Assistance Programs
Sec. 14541. Food stamp block grant program.
Sec. 14542. Availability of Federal coupon system to States.
Sec. 14543. Definitions.
Sec. 14544. Repealer.
Chapter 3--Effective Dates and Miscellaneous Provisions
Sec. 14591. Effective date; application of repealer.
Sec. 14592. Sense of the Congress.
Sec. 14593. Deficit reduction.
Subtitle F--Supplemental Security Income
Sec. 14601. Denial of supplemental security income benefits by reason
of disability to drug addicts and
alcoholics.
Sec. 14602. Supplemental security income benefits for disabled
children.
Sec. 14603. Examination of mental listings used to determine
eligibility of children for SSI benefits by
reason of disability.
Sec. 14604. Limitation on payments to Puerto Rico, the Virgin Islands,
and Guam under programs of aid to the aged,
blind, or disabled.
Sec. 14605. Repeal of maintenance of effort requirements applicable to
optional State programs for supplementation
of SSI benefits.
Sec. 14606. Denial of SSI benefits for 10 years to individuals found to
have fraudulently misrepresented residence
in order to obtain benefits simultaneously
in 2 or more States.
Sec. 14607. Denial of SSI benefits for fugitive felons and probation
and parole violators.
Sec. 14608. Reapplication requirements for adults receiving SSI
benefits by reason of disability.
Sec. 14609. Striking of restrictions regarding determination of
ineligibility.
Sec. 14610. Narrowing of SSI eligibility on basis of mental
impairments.
Subtitle G--Child Support
Sec. 14700. References.
Chapter 1--Eligibility for Services; Distribution of Payments
Sec. 14701. State obligation to provide child support enforcement
services.
Sec. 14702. Distribution of child support collections.
Sec. 14703. Privacy safeguards.
Chapter 2--Locate and Case Tracking
Sec. 14711. State case registry.
Sec. 14712. Collection and disbursement of support payments.
Sec. 14713. State directory of new hires.
Sec. 14714. Amendments concerning income withholding.
Sec. 14715. Locator information from interstate networks.
Sec. 14716. Expansion of the Federal parent locator service.
Sec. 14717. Collection and use of social security numbers for use in
child support enforcement.
Chapter 3--Streamlining and Uniformity of Procedures
Sec. 14721. Adoption of uniform State laws.
Sec. 14722. Improvements to full faith and credit for child support
orders.
Sec. 14723. Administrative enforcement in interstate cases.
Sec. 14724. Use of forms in interstate enforcement.
Sec. 14725. State laws providing expedited procedures.
Chapter 4--Paternity Establishment
Sec. 14731. State laws concerning paternity establishment.
Sec. 14732. Outreach for voluntary paternity establishment.
Sec. 14733. Cooperation by applicants for and recipients of temporary
family assistance.
Chapter 5--Program Administration and Funding
Sec. 14741. Federal matching payments.
Sec. 14742. Performance-based incentives and penalties.
Sec. 14743. Federal and State reviews and audits.
Sec. 14744. Required reporting procedures.
Sec. 14745. Automated data processing requirements.
Sec. 14746. Technical assistance.
Sec. 14747. Reports and data collection by the Secretary.
Chapter 6--Establishment and Modification of Support Orders
Sec. 14751. Simplified process for review and adjustment of child
support orders.
Sec. 14752. Furnishing consumer reports for certain purposes relating
to child support.
Chapter 7--Enforcement of Support Orders
Sec. 14761. Federal income tax refund offset.
Sec. 14762. Authority to collect support from Federal employees.
Sec. 14763. Enforcement of child support obligations of members of the
armed forces.
Sec. 14764. Voiding of fraudulent transfers.
Sec. 14765. Sense of the Congress that States should suspend drivers',
business, and occupational licenses of
persons owing past-due child support.
Sec. 14766. Work requirement for persons owing past-due child support.
Sec. 14767. Definition of support order.
Sec. 14768. Liens.
Sec. 14769. State law authorizing suspension of licenses.
Chapter 8--Medical Support
Sec. 14771. Technical correction to ERISA definition of medical child
support order.
Chapter 9--Enhancing Responsibility and Opportunity for Non-
Residential Parents
Sec. 14781. Grants to States for access and visitation programs.
Chapter 10--Effect of Enactment
Sec. 14791. Effective dates.
Chapter 11--Miscellaneous Provisions
Sec. 14801. Scoring.
Sec. 14802. Provisions to encourage electronic benefit transfer
systems.
Subtitle A--Block Grants for Temporary Assistance for Needy Families
SEC. 14100. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) marriage is the foundation of a successful society;
(2) marriage is an essential social institution which
promotes the interests of children and society at large;
(3) the negative consequences of an out-of-wedlock birth on
the child, the mother, and society are well documented as
follows:
(A) the illegitimacy rate among black Americans was
26 percent in 1965, but today the rate is 68 percent
and climbing;
(B) the illegitimacy rate among white Americans has
risen tenfold, from 2.29 percent in 1960 to 22 percent
today;
(C) the total of all out-of-wedlock births between
1970 and 1991 has risen from 10 percent to 30 percent
and if the current trend continues, 50 percent of all
births by the year 2015 will be out-of-wedlock;
(D) \3/4\ of illegitimate births among whites are
to women with a high school education or less;
(E) the 1-parent family is 6 times more likely to
be poor than the 2-parent family;
(F) children born into families receiving welfare
assistance are 3 times more likely than children not
born into families receiving welfare to be on welfare
when they reach adulthood;
(G) teenage single parent mothering is the single
biggest contributor to low birth weight babies;
(H) children born out-of-wedlock are more likely to
experience low verbal cognitive attainment, child
abuse, and neglect;
(I) young people from single parent or stepparent
families are 2 to 3 times more likely to have emotional
or behavioral problems than those from intact families;
(J) young white women who were raised in a single
parent family are more than twice as likely to have
children out-of-wedlock and to become parents as
teenagers, and almost twice as likely to have their
marriages end in divorce, as are children from 2-parent
families;
(K) the younger the single parent mother, the less
likely she is to finish high school;
(L) young women who have children before finishing
high school are more likely to receive welfare
assistance for a longer period of time;
(M) between 1985 and 1990, the public cost of
births to teenage mothers under the aid to families
with dependent children program, the food stamp
program, and the medicaid program has been estimated at
$120,000,000,000;
(N) the absence of a father in the life of a child
has a negative effect on school performance and peer
adjustment;
(O) the likelihood that a young black man will
engage in criminal activities doubles if he is raised
without a father and triples if he lives in a
neighborhood with a high concentration of single parent
families; and
(P) the greater the incidence of single parent
families in a neighborhood, the higher the incidence of
violent crime and burglary; and
(4) in light of this demonstration of the crisis in our
Nation, the reduction of out-of-wedlock births is an important
government interest and the policy contained in provisions of
this subtitle address the crisis.
SEC. 14101. BLOCK GRANTS TO STATES.
Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is
amended by striking part A, except sections 403(h) and 417, and
inserting the following:
``PART A--BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES
``SEC. 401. PURPOSE.
``The purpose of this part is to increase the flexibility of States
in operating a program designed to--
``(1) provide assistance to needy families so that the
children in such families may be cared for in their homes or in
the homes of relatives;
``(2) end the dependence of needy parents on government
benefits by promoting work and marriage; and
``(3) discourage out-of-wedlock births.
``SEC. 402. ELIGIBLE STATES; STATE PLAN.
``(a) In General.--As used in this part, the term `eligible State'
means, with respect to a fiscal year, a State that, during the 3-year
period immediately preceding the fiscal year, has submitted to the
Secretary a plan that includes the following:
``(1) Outline of family assistance program.--A written
document that outlines how the State intends to do the
following:
``(A) Conduct a program designed to--
``(i) provide cash benefits to needy
families with children; and
``(ii) provide parents of children in such
families with work experience, assistance in
finding employment, and other work preparation
activities and support services that the State
considers appropriate to enable such families
to leave the program and become self-
sufficient.
``(B) Require at least 1 parent of a child in any
family which has received benefits for more than 24
months (whether or not consecutive) under the program
to engage in work activities (as defined by the State).
``(C) Ensure that parents receiving assistance
under the program engage in work activities in
accordance with section 404.
``(D) Treat interstate immigrants, if families
including such immigrants are to be treated differently
than other families.
``(E) Take such reasonable steps as the State deems
necessary to restrict the use and disclosure of
information about individuals and families receiving
benefits under the program.
``(F) Take actions to reduce the incidence of out-
of-wedlock pregnancies, which may include providing
unmarried mothers and unmarried fathers with services
which will help them--
``(i) avoid subsequent pregnancies; and
``(ii) provide adequate care to their
children.
``(G) Reduce teenage pregnancy, including (at the
option of the State) through the provision of education
and counseling to male and female teenagers.
``(2) Certification that the state will operate a child
support enforcement program.--A certification by the Governor
of the State that, during the fiscal year, the State will
operate a child support enforcement program under the State
plan approved under part D, in a manner that complies with the
requirements of such part.
``(3) Certification that the state will operate a child
protection program.--A certification by the Governor of the
State that, during the fiscal year, the State will operate a
child protection program in accordance with part B, which
includes a foster care program and an adoption assistance
program.
``(b) Determinations.--The Secretary shall determine whether a plan
submitted pursuant to subsection (a) contains the material required by
subsection (a).
``SEC. 403. PAYMENTS TO STATES.
``(a) Entitlements.--
``(1) Grants for family assistance.--
``(A) In general.--Each eligible State shall be
entitled to receive from the Secretary for each of
fiscal years 1996, 1997, 1998, 1999, and 2000 a grant
in an amount equal to the State family assistance grant
for the fiscal year.
``(B) Grant increased to reward states that reduce
out-of-wedlock births.--The amount of the grant payable
to a State under subparagraph (A) for fiscal year 1998
or any succeeding fiscal year shall be increased by--
``(i) 5 percent if the illegitimacy ratio
of the State for the fiscal year is at least 1
percentage point lower than the illegitimacy
ratio of the State for fiscal year 1995; or
``(ii) 10 percent if the illegitimacy ratio
of the State for the fiscal year is at least 2
percentage points lower than the illegitimacy
ratio of the State for fiscal year 1995.
``(2) Supplemental grants to adjust for population
increases.--In addition to any grant under paragraph (1), each
eligible State shall be entitled to receive from the Secretary
for each of fiscal years 1997, 1998, 1999, and 2000, a grant in
an amount equal to the State proportion of $100,000,000.
``(b) Definitions.--As used in this section:
``(1) State family assistance grant.--
``(A) In general.--The term `State family
assistance grant' means, with respect to a fiscal year,
the provisional State family assistance grant adjusted
in accordance with subparagraph (C).
``(B) Provisional state family assistance grant.--
The term `provisional State family assistance grant'
means--
``(i) the greater of--
``(I) \1/3\ of the total amount of
obligations to the State under section
403 of this title (as in effect before
October 1, 1995) for fiscal years 1992,
1993, and 1994 (other than with respect
to amounts expended for child care
under subsection (g) or (i) of section
402 of this title (as so in effect));
or
``(II) the total amount of
obligations to the State under such
section 403 for fiscal year 1994 (other
than with respect to amounts expended
for child care under subsection (g) or
(i) of section 402 of this title (as so
in effect)); multiplied by
``(ii)(I) the total amount of outlays to
all of the States under such section 403 for
fiscal year 1994 (other than with respect to
amounts expended for child care under
subsection (g) or (i) of section 402 of this
title (as so in effect)); divided by
``(II) the total amount of obligations to
all of the States under such section 403 for
fiscal year 1994 (other than with respect to
amounts expended for child care under
subsection (g) or (i) of section 402 of this
title (as so in effect)).
``(C) Proportional adjustment.--The Secretary shall
determine the percentage (if any) by which each
provisional State family assistance grant must be
reduced or increased to ensure that the sum of such
grants equals $15,390,296,000, and shall adjust each
provisional State family assistance grant by the
percentage so determined.
``(2) Illegitimacy ratio.--The term `illegitimacy ratio'
means, with respect to a State and a fiscal year--
``(A) the sum of--
``(i) the number of out-of-wedlock births
that occurred in the State during the most
recent fiscal year for which such information
is available; and
``(ii) the amount (if any) by which the
number of abortions performed in the State
during the most recent fiscal year for which
such information is available exceeds the
number of abortions performed in the State
during the fiscal year that immediately
precedes such most recent fiscal year; divided
by
``(B) the number of births that occurred in the
State during the most recent fiscal year for which such
information is available.
``(3) State proportion.--The term `State proportion' means,
with respect to a fiscal year, the
amount that bears the same ratio to the amount specified in
subsection (a)(2) as the increase (if any) in the population of the
State for the most recent fiscal year for which such information is
available over the population of the State for the fiscal year that
immediately precedes such most recent fiscal year bears to the total
increase in the population of all States which have such an increase in
population, as determined by the Secretary using data from the Bureau
of the Census.
``(4) Fiscal year.--The term `fiscal year' means any 12-
month period ending on September 30 of a calendar year.
``(5) State.--The term `State' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, and American Samoa.
``(c) Use of Grant.--
``(1) In general.--A State to which a grant is made under
this section may use the grant in any manner that is reasonably
calculated to accomplish the purpose of this part, subject to
this part, including to provide noncash assistance to mothers
who have not attained 18 years of age and their children and to
provide low income households with assistance in meeting home
heating and cooling costs. Notwithstanding any other provision
of this Act, a State to which a grant is made under section 403
may not use any part of the grant to provide medical services.
``(2) Authority to treat interstate immigrants under rules
of former state.--A State to which a grant is made under this
section may apply to a family the rules of the program operated
under this part of another State if the family has moved to the
State from the other State and has resided in the State for
less than 12 months.
``(3) Authority to use portion of grant for other
purposes.--
``(A) In general.--A State may use not more than 30
percent of the amount of the grant made to the State
under this section for a fiscal year to carry out a
State program pursuant to any or all of the following
provisions of law:
``(i) Part B of this title.
``(ii) Title XX of this Act.
``(iii) Any provision of law, enacted into
law during the 104th Congress, under which
grants are made to States for food and
nutrition.
``(iv) The Child Care and Development Block
Grant Act of 1990.
``(B) Applicable rules.--Any amount paid to the
State under this part that is used to carry out a State
program pursuant to a provision of law specified in
subparagraph (A) shall not be subject to the
requirements of this part, but shall be subject to the
requirements that apply to Federal funds provided
directly under the provision of law to carry out the
program.
``(4) Authority to reserve certain amounts for emergency
benefits.--A State may reserve amounts paid to the State under
this section for any fiscal year for the purpose of providing
emergency assistance under the State program operated under
this part.
``(5) Implementation of electronic benefit transfer
system.--A State to which a grant is made under this section is
encouraged to implement an electronic benefit transfer system
for providing assistance under the State program funded under
this part, and may use the grant for such purpose.
``(d) Timing of Payments.--The Secretary shall pay each grant
payable to a State under this section in quarterly installments.
``(e) Penalties.--
``(1) For use of grant in violation of this part.--
``(A) In general.--If an audit conducted pursuant
to chapter 75 of title 31, United States Code, finds
that an amount paid to a State under this section for a
fiscal year has been used in violation of this part,
then the Secretary shall reduce the amount of the grant
otherwise payable to the State under this section for
the immediately succeeding fiscal year by the amount so
used.
``(B) Limitation on amount of penalty.--In carrying
out subparagraph (A), the Secretary shall not reduce
any quarterly payment by more than 25 percent.
``(C) Carryforward of unrecovered penalties.--To
the extent that subparagraph (B) prevents the Secretary
from recovering during a fiscal year the full amount of
a penalty imposed on a State under subparagraph (A) for
a prior fiscal year, the Secretary shall apply
subparagraph (A) to the grant otherwise payable to the
State under this section for the immediately succeeding
fiscal year.
``(2) For failure to submit required report.--
``(A) In general.--If the Secretary determines that
a State has not, within 6 months after the end of a
fiscal year, submitted the report required by section
406 for the fiscal year, the Secretary shall reduce by
3 percent the amount of the grant that would (in the
absence of this subsection, subsection (a)(1)(B) of
this section, and section 404(c)(2)) be payable to the
State under subsection (a)(1)(A) for the immediately
succeeding fiscal year.
``(B) Rescission of penalty.--The Secretary shall
rescind a penalty imposed on a State under subparagraph
(A) with respect to a report for a fiscal year if the
State submits the report before the end of the
immediately succeeding fiscal year.
``(3) For failure to participate in the income and
eligibility verification system.--If
the Secretary determines that a State program funded under
this part is not participating during a fiscal year in the income and
eligibility verification system required by section 1137, the Secretary
shall reduce by 1 percent the amount of the grant that would (in the
absence of this subsection, subsection (a)(1)(B) of this section, and
section 404(c)(2)) be payable to the State under subsection (a)(1)(A)
for the fiscal year.
``(f) Limitation on Federal Authority.--The Secretary may not
regulate the conduct of States under this part or enforce any provision
of this part, except to the extent expressly provided in this part.
``(g) Federal Rainy Day Fund.--
``(1) Establishment.--There is hereby established in the
Treasury of the United States a revolving loan fund which shall
be known as the `Federal Rainy Day Fund'.
``(2) Deposits into fund.--
``(A) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, $1,000,000,000 are hereby appropriated
for fiscal year 1996 for payment to the Federal Rainy
Day Fund.
``(B) Loan repayments.--The Secretary shall deposit
into the fund any principal or interest payment
received with respect to a loan made under this
subsection.
``(3) Availability.--Amounts in the fund are authorized to
remain available without fiscal year limitation for the purpose
of making loans and receiving payments of principal and
interest on such loans, in accordance with this subsection.
``(4) Use of fund.--
``(A) Loans to qualified states.--
``(i) In general.--The Secretary shall make
loans from the fund to any qualified State for
a period to maturity of not more than 3 years.
``(ii) Rate of interest.--The Secretary
shall charge and collect interest on any loan
made under clause (i) at a rate equal to the
current average market yield on outstanding
marketable obligations of the United States
with remaining periods to maturity comparable
to the period to maturity of the loan.
``(iii) Maximum loan.--The amount of any
loan made to a State under clause (i) during a
fiscal year shall not exceed the lesser of--
``(I) 50 percent of the amount of
the grant payable to the State under
this section for the fiscal year; or
``(II) $100,000,000.
``(B) Qualified state defined.--A State is a
qualified State for purposes of subparagraph (A) if the
unemployment rate of the State (as determined by the
Bureau of Labor Statistics) for the most recent 3-month
period for which such information is available is--
``(i) more than 6.5 percent; and
``(ii) at least 110 percent of such rate
for the corresponding 3-month period in either
of the 2 immediately preceding calendar years.
``SEC. 404. MANDATORY WORK REQUIREMENTS.
``(a) Participation Rate Requirements.--
``(1) Requirement applicable to all families receiving
assistance.--
``(A) In general.--A State to which a grant is made
under section 403 for a fiscal year shall achieve the
minimum participation rate specified in the following
table for the fiscal year with respect to all families
receiving assistance under the State program funded
under this part:
The minimum
participation
``If the fiscal year is:
rate is:
1996....................... 10
1997....................... 15
1998....................... 20
1999....................... 25
2000....................... 27
2001....................... 29
2002....................... 40
2003 or thereafter......... 50.
``(B) Pro rata reduction of participation rate due
to caseload reductions not required by federal law.--
The minimum participation rate otherwise required by
subparagraph (A) for a fiscal year shall be reduced by
a percentage equal to the percentage (if any) by which
the number of families receiving assistance during the
fiscal year under the State program funded under this
part is less than the number of families that received
aid under the State plan approved under part A of this
title (as in effect before October 1, 1995) during the
fiscal year immediately preceding such effective date,
except to the extent that the Secretary determines that
the reduction in the number of families receiving such
assistance is required by Federal law.
``(C) Participation rate.--For purposes of this
paragraph:
``(i) Average monthly rate.--The
participation rate of a State for a fiscal year
is the average of the participation rates of
the State for each month in the fiscal year.
``(ii) Monthly participation rates.--The
participation rate of a State for a month is--
``(I) the number of families
receiving cash assistance under the
State program funded under this part
which include an individual who is
engaged in work activities for the
month; divided by
``(II) the total number of families
receiving cash assistance under the
State program funded under this part
during the month which include an
individual who has attained 18 years of
age.
``(iii) Engaged.--A recipient is engaged in
work activities for a month in a fiscal year if
the recipient is making
progress in such activities for at least the
minimum average number of hours per week specified in the following
table during the month, not fewer than 20 hours per week of which are
attributable to an activity described in subparagraph (A), (B), (C), or
(D) of subsection (b)(1) (or, in the case of the first 4 weeks for
which the recipient is required under this section to participate in
work activities, an activity described in subsection (b)(1)(E)):
The minimum
``If the month is
average number of
in fiscal year:
hours per week is:
1996.................. 20
1997.................. 20
1998.................. 20
1999.................. 25
2000.................. 30
2001.................. 30
2002.................. 35
2003 or thereafter.... 35.
``(2) Requirement applicable to 2-parent families.--
``(A) In general.--A State to which a grant is made
under section 403 for a fiscal year shall achieve the
minimum participation rate specified in the following
table for the fiscal year with respect to 2-parent
families receiving assistance under the State program
funded under this part:
The minimum
participation
``If the fiscal year is:
rate is:
1996....................... 50
1997....................... 50
1998 or thereafter......... 90.
``(B) Participation rate.--For purposes of this
paragraph:
``(i) Average monthly rate.--The
participation rate of a State for a fiscal year
is the average of the participation rates of
the State for each month in the fiscal year.
``(ii) Monthly participation rates.--The
participation rate of a State for a month is--
``(I) the number of 2-parent
families receiving cash assistance
under the State program funded under
this part which include at least 1
adult who is engaged in work activities
for the month; divided by
``(II) the total number of 2-parent
families receiving cash assistance
under the State program funded under
this part during the month.
``(iii) Engaged.--An adult is engaged in
work activities for a month in a fiscal year if
the adult is making progress in such activities
for at least 35 hours per week during the
month, not fewer than 30 hours per week of
which are attributable to an activity described
in subparagraph (A), (B), (C), or (D) of
subsection (b)(1) (or, in the case of the first
4 weeks for which the recipient is required
under this section to participate in work
activities, an activity described in subsection
(b)(1)(E)).
``(b) Definitions.--As used in this section:
``(1) Work activities.--The term `work activities' means--
``(A) unsubsidized employment;
``(B) subsidized private sector employment;
``(C) subsidized public sector employment or work
experience (including work associated with the
refurbishing of publicly assisted housing) only if
sufficient private sector employment is not available;
``(D) on-the-job training;
``(E) job search and job readiness assistance;
``(F) education directly related to employment, in
the case of a recipient who has not attained 20 years
of age, and has not received a high school diploma or a
certificate of high school equivalency;
``(G) job skills training directly related to
employment; or
``(H) at the option of the State, satisfactory
attendance at secondary school, in the case of a
recipient who--
``(i) has not completed secondary school;
and
``(ii) is a dependent child, or a head of
household who has not attained 20 years of age.
``(2) Fiscal year.--The term `fiscal year' means any 12-
month period ending on September 30 of a calendar year.
``(c) Penalties.--
``(1) Against individuals.--
``(A) Applicable to all families.--A State to which
a grant is made under section 403 shall ensure that the
amount of cash assistance paid under the State program
funded under this part to a recipient of assistance
under the program who refuses to engage (within the
meaning of subsection (a)(1)(C)(iii)) in work
activities required under this section shall
be less than the amount of cash assistance that would
otherwise be paid to the recipient under the program,
subject to such good cause and other exceptions as the
State may establish.
``(B) Applicable to 2-parent families.--A State to
which a grant is made under section 403 shall reduce
the amount of cash assistance otherwise payable to a 2-
parent family for a month under the State program
funded under this part with respect to an adult in the
family who is not engaged (within the meaning of
subsection (a)(2)(B)(iii)) in work activities for at
least 35 hours per week during the month, pro rata (or
more, at the option of the State) with respect to any
period during the month for which the adult is not so
engaged.
``(C) Limitation on federal authority.--No officer
or employee of the Federal Government may regulate the
conduct of States under this paragraph or enforce this
paragraph against any State.
``(2) Against states.--
``(A) In general.--If the Secretary determines that
a State to which a grant is made under section 403 for
a fiscal year has failed to comply with subsection (a)
for the fiscal year, the Secretary shall reduce by not
more than 5 percent the amount of the grant that would
(in the absence of this paragraph and subsections
(a)(1)(B) and (e) of section 403) be payable to the
State under section 403(a)(1)(A) for the immediately
succeeding fiscal year.
``(B) Penalty based on severity of failure.--The
Secretary shall impose reductions under subparagraph
(A) based on the degree of noncompliance.
``(d) Rule of Interpretation.--This section shall not be construed
to prohibit a State from offering recipients of assistance under the
State program funded under this part an opportunity to participate in
an education or training program, consistent with the requirements of
this section.
``(e) Research.--The Secretary shall conduct research on the costs
and benefits of State activities under this section.
``(f) Evaluation of Innovative Approaches to Employing Recipients
of Assistance.--The Secretary shall evaluate innovative approaches to
employing recipients of assistance under State programs funded under
this part.
``(g) Annual Ranking of States and Review of Most and Least
Successful Work Programs.--
``(1) Annual ranking of states.--The Secretary shall rank
the States to which grants are paid under section 403 in the
order of their success in moving recipients of assistance under
the State program funded under this part into long-term private
sector jobs.
``(2) Annual review of most and least successful work
programs.--The Secretary shall review the programs of the 3
States most recently ranked highest under paragraph (1) and the
3 States most recently ranked lowest under paragraph (1) that
provide parents with work experience, assistance in finding
employment, and other work preparation activities and support
services to enable the families of such parents to leave the
program and become self-sufficient.
``(h) Sense of the Congress.--In complying with this section, each
State that operates a program funded under this part is encouraged to
assign the highest priority to requiring families that include older
preschool or school-age children to be engaged in work activities.
``(i) Sense of the Congress That States Should Impose Certain
Requirements on Noncustodial, Nonsupporting Minor Parents.--It is the
sense of the Congress that the States should require noncustodial,
nonsupporting parents who have not attained 18 years of age to fulfill
community work obligations and attend appropriate parenting or money
management classes after school.
``SEC. 405. PROHIBITIONS.
``(a) In General.--
``(1) No assistance for families without a minor child.--A
State to which a grant is made under section 403 may not use
any part of the grant to provide assistance to a family, unless
the family includes a minor child.
``(2) Certain payments not to be disregarded in determining
the amount of assistance to be provided to a family.--
``(A) Income security payments.--If a State to
which a grant is made under section 403 uses any part
of the grant to provide assistance for any individual
who is receiving a payment under a State plan for old-
age assistance approved under section 2, a State
program funded under part B that provides cash payments
for foster care, or the supplemental security income
program under title XVI (other than service benefits
provided through the use of a grant made under part C
of such title), then the State may not disregard the
payment in determining the amount of assistance to be
provided to the family of which the individual is a
member under the State program funded under this part.
``(B) Certain support payments.--A State to which a
grant is made under section 403 may not disregard an
amount distributed to a family under section
457(a)(1)(A) in determining the income of the family
for purposes of eligibility for assistance under the
State program funded under this part.
``(3) No assistance for certain aliens.--Notwithstanding
section 403(c)(1), a State to which a grant is made under
section 403 may not use any part of the grant to provide
assistance for an individual who is not a citizen or national
of the United States, except consistent with subtitle D of the
Personal Responsibility Act of 1995.
``(4) No assistance for out-of-wedlock births to minors.--
``(A) General rule.--A State to which a grant is
made under section 403 may not use any part of the
grant to provide cash benefits for a child born out-of-
wedlock to an individual who has not attained 18 years
of age, or for the individual, until the individual
attains such age.
``(B) Exception for rape or incest.--Subparagraph
(A) shall not apply with respect to a child who is born
as a result of rape or incest.
``(C) State option.--Nothing in subparagraph (A)
shall be construed to prohibit a State from using funds
provided by section 403 from providing aid in the form
of vouchers that may be used only to pay for particular
goods and services specified by the State as suitable
for the care of the child such as diapers, clothing,
and school supplies.
``(5) No additional cash assistance for children born to
families receiving assistance.--
``(A) General rule.--A State to which a grant is
made under section 403 may not use
any part of the grant to provide cash benefits for a
minor child who is born to--
``(i) a recipient of benefits under the
program operated under this part; or
``(ii) a person who received such benefits
at any time during the 10-month period ending
with the birth of the child.
``(B) Exception for vouchers.--Subparagraph (A)
shall not apply to vouchers which are provided in lieu
of cash benefits and which may be used only to pay for
particular goods and services specified by the State as
suitable for the care of the child involved.
``(C) Exception for rape or incest.--Subparagraph
(A) shall not apply with respect to a child who is born
as a result of rape or incest.
``(6) No assistance for more than 5 years.--
``(A) In general.--A State to which a grant is made
under section 403 may not use any part of the grant to
provide cash benefits for the family of an individual
who, after attaining 18 years of age, has received
benefits under the program operated under this part for
60 months (whether or not consecutive) after the
effective date of this part, except as provided under
subparagraph (B).
``(B) Hardship exception.--
``(i) In general.--The State may exempt a
family from the application of subparagraph (A)
by reason of hardship.
``(ii) Limitation.--The number of families
with respect to which an exemption made by a
State under clause (i) is in effect shall not
exceed 10 percent of the number of families to
which the State is providing assistance under
the program operated under this part.
``(7) No assistance for families not cooperating in
paternity establishment or child support.--Notwithstanding
section 403(c)(1), a State to which a grant is made under
section 403 may not use any part of the grant to provide
assistance to a family that includes an individual whom the
agency responsible for administering the State plan approved
under part D determines is not cooperating with the State in
establishing the paternity of any child of the individual, or
in establishing, modifying, or enforcing a support order with
respect to such a child.
``(8) No assistance for families not assigning support
rights to the state.--Notwithstanding section 403(c)(1), a
State to which a grant is made under section 403 may not use
any part of the grant to provide assistance to a family that
includes an individual who has not assigned to the State any
rights the individual may have (on behalf of the individual or
of any other person for whom the individual has applied for or
is receiving such assistance) to support from any other person
for any period for which the individual receives such
assistance.
``(9) Withholding of portion of assistance for families
which include a child whose paternity is not established.--
``(A) In general.--A State to which a grant is made
under section 403 may not fail to--
``(i) withhold assistance under the State
program funded under this part from a family
which includes a child whose paternity is not
established, in an amount equal to $50 or 15
percent of the amount of the amount of the
assistance that would (in the absence of this
paragraph) be provided to the family with
respect to the child, whichever the State
elects; or
``(ii) provide to the family the total
amount of assistance so withheld once the
paternity of the child is established, if the
family is then eligible for such assistance.
``(B) Exception for rape or incest.--Subparagraph (A) shall
not apply with respect to a child who is born as a result of
rape or incest.
``(10) Denial of assistance for 10 years to a person found
to have fraudulently misrepresented residence in order to
obtain benefits in 2 or more states.--An individual shall not
be considered an eligible individual for the purposes of this
title during the 10-year period that begins with the date the
individual is found by a State to have made, or is convicted in
Federal or State court of having made a fraudulent statement or
representation with respect to the place of residence of the
person in order to receive benefits or services simultaneously
from 2 or more States under programs that are funded under this
part, title XIX, the consolidated program of food assistance
under chapter 2 of subtitle E of title XIV of the Personal
Responsibility Act of 1995, or the Food Stamp Act of 1977 (as
in effect before the effective date of such chapter), or
benefits in 2 or more States under the supplemental security
income program under title XVI.
``(11) Denial of assistance for fugitive felons and
probation and parole violators.--
``(A) In general.--A State to which a grant is made
under section 403 may not use any part of the grant to
provide assistance to any individual who is--
``(i) fleeing to avoid prosecution, or
custody or confinement after conviction, under
the laws of the place from which the individual
flees, for a crime, or an attempt to commit a
crime, which is a felony under the laws of the
place from which the individual flees, or
which, in the case of the State of New Jersey,
is a high misdemeanor under the laws of such
State; or
``(ii) violating a condition of probation
or parole imposed under Federal or State law.
``(B) Exchange of information with law enforcement
agencies.--If a State to which a grant is made under
section 403 establishes safeguards against the use or
disclosure of information about applicants or
recipients of assistance under the State program funded
under this part, the safeguards shall not prevent the
State agency administering the program from furnishing
a Federal, State, or local law enforcement officer,
upon the request of the officer, with the current
address of any recipient if the officer furnishes the
agency with the name of the recipient and notifies the
agency that--
(i) such recipient--
(I) is fleeing to avoid
prosecution, or custody or confinement
after conviction, under the laws of the
place from which the recipient flees,
for a crime, or an attempt to commit a
crime, which is a felony under the laws
of the place from which the recipient
flees, or which, in the case of the
State of New Jersey, is a high
misdemeanor under the laws of such
State;
(II) is violating a condition of
probation or parole imposed under
Federal or State law; or
(III) has information that is
necessary for the officer to conduct
the official duties of the officer; and
(ii) the location or apprehension of the
recipient is within such official duties.
``(12) Denial of assistance for minor children who are
absent from the home for a significant period.--
``(A) In general.--A State to which a grant is made
under section 403 may not use any part of the grant to
provide assistance for a minor child who has been, or
is expected by a parent (or other caretaker relative)
of the child to be, absent from the home for a period
of 45 consecutive days or, at the option of the State,
such period of not less than 30 and not more than 90
consecutive days as the State may provide for in the
State plan submitted pursuant to section 402.
``(B) State authority to establish good cause
exceptions.--The State may establish such good cause
exceptions to subparagraph (A) as the State considers
appropriate if such exceptions are provided for in the
State plan submitted pursuant to section 402.
``(C) Denial of assistance for relative who fails
to notify state agency of absence of child.--A State to
which a grant is made under section 403 may not use any
part of the grant to provide assistance for an
individual who is a parent (or other caretaker
relative) of a minor child and who fails to notify the
agency administering the State program funded under
this part, of the absence of the minor child from the
home for the period specified in or provided for under
subparagraph (A), by the end of the 5-day period that
begins with the date that it becomes clear to the
parent (or relative) that the minor child will be
absent for such period so specified or provided for.
``(b) Minor Child Defined.--As used in subsection (a), the term
`minor child' means an individual--
``(1) who has not attained 18 years of age; or
``(2) who--
``(A) has not attained 19 years of age; and
``(B) is a full-time student in a secondary school
(or in the equivalent level of vocational or technical
training).
``SEC. 406. DATA COLLECTION AND REPORTING.
``(a) In General.--Each State to which a grant is made under
section 403 for a fiscal year shall, not later than 6 months after the
end of the fiscal year, transmit to the Secretary the following
aggregate information on families to which assistance was provided
during the fiscal year under the State program operated under this part
or an equivalent State program:
``(1) The number of adults receiving such assistance.
``(2) The number of children receiving such assistance and
the average age of the children.
``(3) The employment status of such adults, and the average
earnings of employed adults receiving such assistance.
``(4) The number of 1-parent families in which the parent
is a widow or widower, is divorced, is separated, or has never
married.
``(5) The age, race, and educational attainment of the
adults receiving such assistance.
``(6) The average assistance provided to the families under
the program.
``(7) Whether, at the time of application for assistance
under the program, the families or any member of the families
receives benefits under any of the following:
``(A) Any housing program.
``(B) The consolidated program of food assistance
under chapter 2 of subtitle E of title XIV of the
Personal Responsibility Act of 1995.
``(C) The Head Start programs carried out under the
Head Start Act.
``(D) Any job training program.
``(8) The number of months, since the most recent
application for assistance under the program, for which such
assistance has been provided to the families.
``(9) The total number of months for which assistance has
been provided to the families under the program.
``(10) Any other data necessary to indicate whether the
State is in compliance with the plan most recently submitted by
the State pursuant to section 402.
``(11) The components of any program carried out by the
State to provide employment and training activities in order to
comply with section 404, and the average monthly number of
adults in each such component.
``(12) The number of part-time job placements and the
number of full-time job placements made through the program
referred to in paragraph (11), the number of cases with reduced
assistance, and the number of cases closed due to employment.
``(b) Authority of States to Use Estimates.--A State may comply
with the requirement to provide precise numerical information described
in subsection (a) by submitting an estimate which is obtained through
the use of scientifically acceptable sampling methods.
``(c) Report on Use of Federal Funds to Cover Administrative Costs
and Overhead.--The report required by subsection (a) for a fiscal year
shall include a statement of the percentage of the funds paid to the
State under this part for the fiscal year that are used to cover
administrative costs or overhead.
``(d) Report on State Expenditures on Programs for Needy
Families.--The report required by subsection (a) for a fiscal year
shall include a statement of the total amount expended by the State
during the fiscal year on programs for needy families.
``(e) Report on Noncustodial Parents Participating in Work
Activities.--The report required by subsection (a) for a fiscal year
shall include the number of noncustodial parents in the State who
participated in work activities (as defined in section 404(b)(1))
during the fiscal year.
``SEC. 407. RESEARCH, EVALUATIONS, AND NATIONAL STUDIES.
``(a) Research.--The Secretary may conduct research on the effects,
costs, and benefits of State programs funded under this part.
``(b) Development and Evaluation of Innovative Approaches to
Employing Welfare Recipients.--The Secretary may assist States in
developing, and shall evaluate, innovative approaches to employing
recipients of cash assistance under programs funded under this part. In
performing such evaluations, the Secretary shall, to the maximum extent
feasible, use random assignment to experimental and control groups.
``(c) Studies of Welfare Caseloads.--The Secretary may conduct
studies of the caseloads of States operating programs funded under this
part.
``(d) Dissemination of Information.--The Secretary shall develop
innovative methods of disseminating information on any research,
evaluations, and studies conducted under this section, including the
facilitation of the sharing of information and best practices among
States and localities through the use of computers and other
technologies.
``SEC. 408. STUDY BY THE CENSUS BUREAU.
``(a) In General.--The Bureau of the Census shall expand the Survey
of Income and Program Participation as necessary to obtain such
information as will enable interested persons to evaluate the impact of
the amendments made by subtitle A of the Personal Responsibility Act of
1995 on a random national sample of recipients of assistance under
State programs funded under this part and (as appropriate) other low
income families, and in doing so, shall pay particular attention to the
issues of out-of-wedlock birth, welfare dependency, the beginning and
end of welfare spells, and the causes of repeat welfare spells.
``(b) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, the Secretary of the Treasury
shall pay to the Bureau of the Census $10,000,000 for each of fiscal
years 1996, 1997, 1998, 1999, and 2000 to carry out subsection (a).''.
SEC. 14102. REPORT ON DATA PROCESSING.
(a) In General.--Within 6 months after the date of the enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to the Congress a report on--
(1) the status of the automated data processing systems
operated by the States to assist management in the
administration of State programs under part A of title IV of
the Social Security Act (whether in effect before or after
October 1, 1995); and
(2) what would be required to establish a system capable
of--
(A) tracking participants in public programs over
time; and
(B) checking case records of the States to
determine whether individuals are participating in
public programs of 2 or more States.
(b) Preferred Contents.--The report required by subsection (a)
should include--
(1) a plan for building on the automated data processing
systems of the States to establish a system with the
capabilities described in subsection (a)(2); and
(2) an estimate of the amount of time required to establish
such a system and of the cost of establishing such a system.
SEC. 14103. TRANSFERS.
(a) Child Support Review Penalties.--
(1) Transfer of provision.--Section 403 of the Social
Security Act, as added by the amendment made by section 14101
of this Act, is amended by adding at the end subsection (h) of
section 403, as in effect immediately before the effective date
of this subtitle.
(2) Conforming amendment.--Section 403(h)(3) of such Act,
as in effect pursuant to paragraph (1) of this subsection, is
amended by striking ``, section 402(a)(27),''.
(b) Assistant Secretary for Family Support.--
(1) Redesignation of provision.--Section 417 of such Act
(42 U.S.C. 617), as in effect immediately before the effective
date of this subtitle, is amended by striking the following:
``assistant secretary for family support
``Sec. 417.''
and inserting the following:
``SEC. 409. ASSISTANT SECRETARY FOR FAMILY SUPPORT.''.
(2) Transfer of provision.--Part A of title IV of such Act,
as added by the amendment made by section 14101 of this Act, is
amended by adding at the end the section amended by paragraph
(1) of this subsection.
(3) Conforming amendment.--Section 409 of such Act, as
added by paragraph (2) of this subsection is amended by
striking ``, part D, and part F'' and inserting ``and part D''.
SEC. 14104. CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT.
(a) Amendments to Title II.--
(1) Section 205(c)(2)(C)(vi) of the Social Security Act (42
U.S.C. 405(c)(2)(C)(vi)), as so redesignated by section
321(a)(9)(B) of the Social Security Independence and Program
Improvements Act of 1994, is amended--
(A) by inserting ``an agency administering a
program funded under part A of title IV or'' before
``an agency operating''; and
(B) by striking ``A or D of title IV of this Act''
and inserting ``D of such title''.
(2) Section 228(d)(1) of such Act (42 U.S.C. 428(d)(1)) is
amended by inserting ``under a State program funded under''
before ``part A of title IV''.
(b) Amendments to Part D of Title IV.--
(1) Section 451 of such Act (42 U.S.C. 651) is amended by
striking ``aid'' and inserting ``assistance under a State
program funded''.
(2) Section 452(a)(10)(C) of such Act (42 U.S.C.
652(a)(10)(C)) is amended--
(A) by striking ``aid to families with dependent
children'' and inserting ``assistance under a State
program funded under part A''; and
(B) by striking ``such aid'' and inserting ``such
assistance''; and
(C) by striking ``under section 402(a)(26)'' and
inserting ``pursuant to section 405(a)(8)''.
(3) Section 452(a)(10)(F) of such Act (42 U.S.C.
652(a)(10)(F)) is amended--
(A) by striking ``aid under a State plan approved''
and inserting ``assistance under a State program
funded''; and
(B) by striking ``in accordance with the standards
referred to in section 402(a)(26)(B)(ii)'' and
inserting ``by the State''.
(4) Section 452(b) of such Act (42 U.S.C. 652(b)) is
amended in the last sentence by striking ``plan approved under
part A'' and inserting ``program funded under part A''.
(5) Section 452(d)(3)(B)(i) of such Act (42 U.S.C.
652(d)(3)(B)(i)) is amended by striking ``1115(c)'' and
inserting ``1115(b)''.
(6) Section 452(g)(2)(A)(ii)(I) of such Act (42 U.S.C.
652(g)(2)(A)(ii)(I)) is amended by striking ``aid is being paid
under the State's plan approved'' and inserting ``assistance is
being provided under the State program funded under''.
(7) Section 452(g)(2)(A) of such Act (42 U.S.C.
652(g)(2)(A)) is amended in the matter following clause (iii)
by striking ``aid was being paid under the State's plan
approved'' and inserting ``assistance was being provided under
the State program funded''.
(8) Section 452(g)(2) of such Act (42 U.S.C. 652(g)(2)) is
amended in the matter following subparagraph (B)--
(A) by striking ``who is a dependent child by
reason of the death of a parent'' and inserting ``with
respect to whom assistance is being provided under the
State program funded under part A''; and
(B) by inserting ``by the State agency
administering the State plan approved under this part''
after ``found'';
(C) by striking ``under section 402(a)(26)'' and
inserting ``pursuant to section 405(a)(8)''; and
(D) by striking ``administering the plan under part
E determines (as provided in section 454(4)(B))'' and
inserting ``determines''.
(9) Section 452(h) of such Act (42 U.S.C. 652(h)) is
amended by striking ``under section 402(a)(26)'' and inserting
``pursuant to section 405(a)(8)''.
(10) Section 454(5) of such Act (42 U.S.C. 654(5)) is
amended--
(A) by striking ``under section 402(a)(26)'' and
inserting ``pursuant to section 405(a)(8)''; and
(B) by striking ``except that this paragraph shall
not apply to such payments for any month following the
first month in which the amount collected is sufficient
to make such family ineligible for assistance under the
State plan approved under part A;''.
(11) Section 454(6)(D) of such Act (42 U.S.C. 654(6)(D)) is
amended by striking ``aid under a State plan approved'' and
inserting ``assistance under a State program funded''.
(12) Section 456 of such Act (42 U.S.C. 656) is amended by
striking ``under section 402(a)(26)'' each place such term
appears and inserting ``pursuant to section 405(a)(8)''.
(13) Section 466(a)(3)(B) of such Act (42 U.S.C.
666(a)(3)(B)) is amended by striking ``402(a)(26)'' and
inserting ``405(a)(8)''.
(14) Section 466(b)(2) of such Act (42 U.S.C. 666(b)(2)) is
amended by striking ``aid'' and inserting ``assistance under a
State program funded''.
(c) Repeal of Part F of Title IV.--Part F of title IV of such Act
(42 U.S.C. 681-687) is hereby repealed.
(d) Amendment to Title X.--Section 1002(a)(7) of such Act (42
U.S.C. 1202(a)(7)) is amended by striking ``aid to families with
dependent children under the State plan approved under section 402 of
this Act'' and inserting ``assistance under a State program funded
under part A of title IV''.
(e) Amendments to Title XI.--
(1) Section 1108 of such Act (42 U.S.C. 1308) is amended--
(A) by striking subsections (a), (b), (d), and (e);
and
(B) by striking ``(c)''.
(2) Section 1109 of such Act (42 U.S.C. 1309) is amended by
striking ``or part A of title IV,''.
(3) Section 1115(a) of such Act (42 U.S.C. 1315(a)) is
amended--
(A) in the matter preceding paragraph (1), by
striking ``A or'';
(B) in paragraph (1), by striking ``402,''; and
(C) in paragraph (2), by striking ``403,''.
(4) Section 1116 of such Act (42 U.S.C. 1316) is amended--
(A) in each of subsections (a)(1), (b), and (d), by
striking ``or part A of title IV,''; and
(B) in subsection (a)(3), by striking ``404,''.
(5) Section 1118 of such Act (42 U.S.C. 1318) is amended--
(A) by striking ``403(a),'';
(B) by striking ``and part A of title IV,''; and
(C) by striking ``, and shall, in the case of
American Samoa, mean 75 per centum with respect to part
A of title IV''.
(6) Section 1119 of such Act (42 U.S.C. 1319) is amended--
(A) by striking ``or part A of title IV''; and
(B) by striking ``403(a),''.
(7) Section 1133(a) of such Act (42 U.S.C. 1320b-3(a)) is
amended by striking ``or part A of title IV,''.
(8) Section 1136 of such Act (42 U.S.C. 1320b-6) is hereby
repealed.
(9) Section 1137 of such Act (42 U.S.C. 1320b-7) is
amended--
(A) in subsection (b), by striking paragraph (1)
and inserting the following:
``(1) any State program funded under part A of title IV of
this Act;''; and
(B) in subsection (d)(1)(B)--
(i) by striking ``In this subsection--''
and all that follows through ``(ii) in'' and
inserting ``In this subsection, in''; and
(ii) by redesignating subclauses (I), (II),
and (III) as clauses (i), (ii), and (iii); and
(iii) by moving such redesignated material
2 ems to the left.
(f) Amendment to Title XIV.--Section 1402(a)(7) of such Act (42
U.S.C. 1352(a)(7)) is amended by striking ``aid to families with
dependent children under the State plan approved under section 402 of
this Act'' and inserting ``assistance under a State program funded
under part A of title IV''.
(g) Amendment to Title XVI as in Effect With Respect to the
Territories.--Section 1602(a)(11) of such Act, as in effect without
regard to the amendment made by section 301 of the Social Security
Amendments of 1972, (42 U.S.C. 1382 note) is amended by striking ``aid
under the State plan approved'' and inserting ``assistance under a
State program funded''.
(h) Amendment to Title XVI as in Effect With Respect to the
States.--Section 1611(c)(5)(A) of such Act (42 U.S.C. 1382(c)(5)(A)) is
amended to read as follows: ``(A) a State program funded under part A
of title IV,''.
SEC. 14105. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Subsection (b) of section 508 of the Unemployment Compensation
Amendments of 1976 (42 U.S.C. 603a) is amended to read as follows:
``(b) Provision for Reimbursement of Expenses.--For purposes of
section 455 of the Social Security Act, expenses incurred to reimburse
State employment offices for furnishing information requested of such
offices--
``(1) pursuant to the third sentence of section 3(a) of the
Act entitled `An Act to provide for the establishment of a
national employment system and for cooperation with the States
in the promotion of such system, and for other purposes',
approved June 6, 1933 (29 U.S.C. 49b(a)),
``(2) by a State or local agency charged with the duty of
carrying a State plan for child support approved under part D
of title IV of the Social Security Act,
shall be considered to constitute expenses incurred in the
administration of such State plan.''.
(b) Paragraph (9) of section 51(d) of the Internal Revenue Code of
1986 is amended by striking all that follows ``agency as'' and
inserting ``being eligible for financial assistance under part A of
title IV of the Social Security Act and as having continually received
such financial assistance during the 90-day period which immediately
precedes the date on which such individual is hired by the employer.''
(c) Section 9121 of the Omnibus Budget Reconciliation Act of 1987
(42 U.S.C. 602 note) is hereby repealed.
(d) Section 9122 of the Omnibus Budget Reconciliation Act of 1987
(42 U.S.C. 602 note) is hereby repealed.
(e) Section 221 of the Housing and Urban-Rural Recovery Act of 1983
(42 U.S.C. 602 note), relating to treatment under AFDC of certain
rental payments for federally assisted housing, is hereby repealed.
(f) Section 159 of the Tax Equity and Fiscal Responsibility Act of
1982 (42 U.S.C. 602 note) is hereby repealed.
(g) Section 202(d) of the Social Security Amendments of 1967 (81
Stat. 882; 42 U.S.C. 602 note) is hereby repealed.
(h) Section 233 of the Social Security Act Amendments of 1994 (42
U.S.C. 602 note) is hereby repealed.
(i) Section 903 of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 11381 note), relating to
demonstration projects to reduce number of AFDC families in welfare
hotels, is amended--
(1) in subsection (a), by striking ``aid to families with
dependent children under a State plan approved'' and inserting
``assistance under a State program funded''; and
(2) in subsection (c), by striking ``aid to families with
dependent children in the State under a State plan approved''
and inserting ``assistance in the State under a State program
funded''.
SEC. 14106. CONTINUED APPLICATION OF CURRENT STANDARDS UNDER MEDICAID
PROGRAM.
(a) In General.--Title XIX of the Social Security Act is amended--
(1) in section 1931, by inserting ``subject to section
1931(a),'' after ``under this title,'' and by redesignating
such section as section 1932; and
(2) by inserting after section 1930 the following new
section:
``continued application of afdc standards
``Sec. 1931. (a) For purposes of applying this title on and after
October 1, 1995, with respect to a State--
``(1) except as provided in paragraph (2), any reference in
this title (or other provision of law in relation to the
operation of this title) to a provision of part A of title IV
of this Act, or a State plan under such part, shall be
considered a reference to such provision or plan as in effect
as of March 7, 1995, with respect to the State and eligibility
for medical assistance under this title shall be determined as
if such provision or plan (as in effect as of such date) had
remained in effect on and after October 1, 1995; and
``(2) any reference in section 1902(a)(5) or 1902(a)(55) to
a State plan approved under part A of title IV shall be deemed
a reference to a State program funded under such part (as in
effect on and after October 1, 1995).
``(b) In the case of a waiver of a provision of part A of title IV
in effect with respect to a State as of March 7, 1995, if the waiver
affects eligibility of individuals for medical assistance under this
title, such waiver may continue to be applied, at the option of the
State, in relation to this title after the date the waiver would
otherwise expire.''
(b) Plan Amendment.--Section 1902(a) of such Act (42 U.S.C.
1396a(a)) is amended--
(1) by striking ``and'' at the end of paragraph (61),
(2) by striking the period at the end of paragraph (62) and
inserting ``; and'', and
(3) by inserting after paragraph (62) the following new
paragraph:
``(63) provide for continuing to administer eligibility
standards with respect to individuals who are (or seek to be)
eligible for medical assistance based on the application of
section 1931.''.
(c) Conforming Amendments.--(1) Section 1902(c) of such Act (42
U.S.C. 1396a(c)) is amended by striking ``if--'' and all that follows
and inserting the following: ``if the State requires individuals
described in subsection (l)(1) to apply for assistance under the State
program funded under part A of title IV as a condition of applying for
or receiving medical assistance under this title.''.
(2) Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended by
striking paragraph (9).
(d) Effective Date.--The amendments made by this section shall
apply to medical assistance furnished for calendar quarters beginning
on or after October 1, 1995.
SEC. 14107. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this subtitle,
this subtitle and the amendments made by this subtitle shall take
effect on October 1, 1995.
(b) Delayed Applicability of Authority To Temporarily Reduce
Assistance for Certain Families Which Include a Child Whose Paternity
Is Not Established.--Section 405(a)(9) of the Social Security Act, as
added by the amendment made by section 14101 of this Act, shall not
apply to individuals who, immediately before the effective date of this
subtitle, are recipients of aid under a State plan approved under part
A of title IV of the Social Security Act, until the end of the 1-year
(or, at the option of the State, 2-year) period that begins with such
effective date.
(c) Transition Rule.--The amendments made by this subtitle shall
not apply with respect to--
(1) powers, duties, functions, rights, claims, penalties,
or obligations applicable to aid or services provided before
the effective date of this subtitle under the provisions
amended; and
(2) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such provisions.
Subtitle B--Child Protection Block Grant Program
SEC. 14201. ESTABLISHMENT OF PROGRAM.
Part B of title IV of the Social Security Act (42 U.S.C. 620-635)
is amended to read as follows:
``PART B--BLOCK GRANTS TO STATES FOR THE PROTECTION OF CHILDREN
``SEC. 421. PURPOSE.
``The purpose of this part is to enable eligible States to carry
out a child protection program to--
``(1) identify and assist families at risk of abusing or
neglecting their children;
``(2) operate a system for receiving reports of abuse or
neglect of children;
``(3) investigate families reported to abuse or neglect
their children;
``(4) provide support, treatment, and family preservation
services to families which are, or are at risk of, abusing or
neglecting their children;
``(5) support children who must be removed from or who
cannot live with their families;
``(6) make timely decisions about permanent living
arrangements for children who must be removed from or who
cannot live with their families; and
``(7) provide for continuing evaluation and improvement of
child protection laws, regulations, and services.
``SEC. 422. ELIGIBLE STATES.
``(a) In General.--As used in this part, the term `eligible State'
means, with respect to a fiscal year, a State that, during the 3-year
period immediately preceding the fiscal year, has submitted to the
Secretary a plan that includes the following:
``(1) Outline of child protection program.--A written
document that outlines the activities the State intends to
conduct to achieve the purpose of this part, including the
procedures to be used for--
``(A) receiving reports of child abuse or neglect;
``(B) investigating such reports;
``(C) protecting children in families in which
child abuse or neglect is found to have occurred;
``(D) removing children from dangerous settings;
``(E) protecting children in foster care;
``(F) promoting timely adoptions;
``(G) protecting the rights of families, using
adult relatives as the preferred placement for children
separated from their parents if such relatives meet all
State child protection standards;
``(H) preventing child abuse and neglect; and
``(I) establishing and responding to citizen review
panels under section 425.
``(2) Certification of state law requiring the reporting of
child abuse and neglect.--A certification that the State has in
effect laws that require public officials and other
professionals to report actual or suspected instances of child
abuse or neglect.
``(3) Certification of state program to investigate child
abuse and neglect cases.--A certification that the State has in
effect a program to investigate child abuse and neglect cases.
``(4) Certification of state procedures for removal and
placement of abused or neglected children.--A certification
that the State has in effect procedures for removal from
families and placement of abused or neglected children.
``(5) Certification of state procedures for developing and
reviewing written plans for permanent placement of removed
children.--A certification that the State has in effect
procedures for ensuring that a written plan is prepared for
children who have been removed from their families, which
specifies the goal for achieving a permanent placement for the
child in a timely fashion, for ensuring that the written plan
is reviewed every 6 months, and for ensuring that information
about such children is collected regularly and recorded in case
records, and a description of such procedures.
``(6) Certification that the state will continue to honor
adoption assistance agreements.--A certification that the State
will honor any adoption assistance agreement (as defined in
section 475(3), as in effect immediately before the effective
date of this part) entered into by an agency of the State, that
is in effect as of such effective date.
``(7) Certification of state program to provide independent
living services.--A certification that the State has in effect
a program to provide independent living services to individuals
in the child protection program of the State who have attained
16 years of age but have not attained 20 (or, at the option of
the State, 22) years of age, and who do not have a family to
which to be returned for assistance in making the transition to
self-sufficient adulthood.
``(8) Certification of state procedures to respond to
reporting of medical neglect of disabled infants.--
``(A) In general.--A certification that the State
has in place for the purpose of responding to the
reporting of medical neglect of infants (including
instances of withholding of medically indicated
treatment from disabled infants with life-threatening
conditions), procedures or programs, or both (within
the State child protective services system), to provide
for--
``(i) coordination and consultation with
individuals designated by and within
appropriate health-care facilities;
``(ii) prompt notification by individuals
designated by and within appropriate health-
care facilities of cases of suspected medical
neglect (including instances of withholding of
medically indicated treatment from disabled
infants with life-threatening conditions); and
``(iii) authority, under State law, for the
State child protective service to pursue any
legal remedies, including the authority to
initiate legal proceedings in a court of
competent jurisdiction, as may be necessary to
prevent the withholding of medically indicated
treatment from disabled infants with life-
threatening conditions.
``(B) Withholding of medically indicated
treatment.--As used in subparagraph (A), the term
`withholding of medically indicated treatment' means
the failure to respond to the infant's life-threatening
conditions by providing treatment (including
appropriate nutrition, hydration, and medication)
which, in the treating physician's or physicians'
reasonable medical judgment, will be most likely to be
effective in ameliorating or correcting all such
conditions, except that such term does not include the
failure to provide treatment (other than appropriate
nutrition, hydration, or medication) to an infant when,
in the treating physician's or physicians' reasonable
medical judgment--
``(i) the infant is chronically and
irreversibly comatose;
``(ii) the provision of such treatment
would--
``(I) merely prolong dying;
``(II) not be effective in
ameliorating or correcting all of the
infant's life-threatening conditions;
or
``(III) otherwise be futile in
terms of the survival of the infant; or
``(iii) the provision of such treatment
would be virtually futile in terms of the
survival of the infant and the treatment itself
under such circumstances would be inhumane.
``(9) Identification of child protection goals.--The
quantitative goals of the State child protection program.
``(b) Determinations.--The Secretary shall determine whether a plan
submitted pursuant to subsection (a) contains the material required by
subsection (a). The Secretary may not require a State to include in
such a plan any material not described in subsection (a), and may not
review the adequacy of State procedures. The Secretary may not require
a State to alter its child protection law regarding determination of
the adequacy, type and timing of health care (whether medical, non-
medical or spiritual).
``SEC. 423. GRANTS TO STATES FOR CHILD PROTECTION.
``(a) Entitlement.--
``(1) In general.--Each eligible State shall be entitled to
receive from the Secretary for each fiscal year specified in
subsection (b)(1) a grant in an amount equal to the State share
of the child protection amount for the fiscal year.
``(2) Additional grant.--
``(A) In general.--In addition to a grant under
paragraph (1) of this subsection, the Secretary shall
pay to each eligible State for each fiscal year
specified in subsection (b)(1) an amount equal to the
State share of the amount (if any) appropriated
pursuant to subparagraph (B) of this paragraph for the
fiscal year.
``(B) Limitation on authorization of
appropriations.--For grants under subparagraph (A),
there are authorized to be appropriated to the
Secretary an amount not to exceed $486,000,000 for each
fiscal year specified in subsection (b)(1).
``(b) Definitions.--As used in this section:
``(1) Child protection amount.--The term `child protection
amount' means--
``(A) $3,930,000,000 for fiscal year 1996;
``(B) $4,195,000,000 for fiscal year 1997;
``(C) $4,507,000,000 for fiscal year 1998;
``(D) $4,767,000,000 for fiscal year 1999; and
``(E) $5,071,000,000 for fiscal year 2000.
``(2) State share.--
``(A) In general.--The term `State share' means the
qualified child protection expenses of the State
divided by the sum of the qualified child protection
expenses of all of the States.
``(B) Qualified child protection expenses.--The
term `qualified child protection expenses' means, with
respect to a State the greater of--
``(i) \1/3\ of the total amount of
obligations to the State under the provisions
of law specified in subparagraph (C) for fiscal
years 1992, 1993, and 1994; or
``(ii) the total amount of obligations to
the State under such provisions of law for
fiscal year 1994.
``(C) Provisions of law.--The provisions of law
specified in this subparagraph are the following (as in
effect immediately before the effective date of this
part):
``(i) Section 474(a) (other than
subparagraphs (C) and (D) of paragraph (3)) of
this Act.
``(ii) Section 304 of the Family Violence
Prevention and Services Act.
``(iii) Section 107(a) of the Child Abuse
Prevention and Treatment Act.
``(iv) Section 201(d) of the Child Abuse
Prevention and Treatment Act.
``(v) Section 423 of this Act.
``(3) State.--The term `State' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, and American Samoa.
``(c) Use of Grant.--
``(1) In general.--A State to which a grant is made under
this section may use the grant in any manner that the State
deems appropriate to accomplish the purpose of this part,
including setting up abuse and neglect reporting systems, abuse
and neglect prevention, family preservation, foster care,
adoption, program administration, and training.
``(2) Authority to use portion of grant for other
purposes.--
``(A) In general.--A State may use not more than 30
percent of the amount of the grant made to the State
under this section for fiscal year 1998 or a succeeding
fiscal year to carry out a State program pursuant to
any or all of the following provisions of law:
``(i) Part A of this title.
``(ii) Title XX of this Act.
``(iii) The Child Care and Development
Block Grant Act of 1990.
``(iv) Any provision of law, enacted into
law during the 104th Congress, under which
grants are made to States for food and
nutrition or employment and training.
``(B) Applicable rules.--Any amount paid to the
State under this part that is used to carry out a State
program pursuant to a provision of law specified in
subparagraph (A) shall not be subject to the
requirements of this part, but shall be subject to the
requirements that apply to Federal funds provided
directly under the provision of law to carry out the
program.
``(3) Timing of expenditures.--A State to which a grant is
made under this section for a fiscal year shall expend the
total amount of the grant not later than the end of the
immediately succeeding fiscal year.
``(4) Rule of interpretation.--This part shall not be
interpreted to prohibit short- and long-term foster care
facilities operated for profit from receiving funds provided
under this part.
``(d) Timing of Payments.--The Secretary shall pay each eligible
State the amount of the grant payable to the State under this section
in quarterly installments.
``(e) Penalties.--
``(1) For use of grant in violation of this part.--
``(A) In general.--If an audit conducted pursuant
to chapter 75 of title 31, United States Code, finds
that an amount paid to a State under this section for a
fiscal year has been used in violation of this part,
then the Secretary shall reduce the amount of the grant
that would (in the absence of this subsection) be
payable to the State under this section for the
immediately succeeding fiscal year by the amount so
used.
``(B) Limitation.--In carrying out subparagraph
(A), the Secretary shall not reduce any quarterly
payment by more than 25 percent.
``(C) Carryforward of unrecovered penalty.--To the
extent that subparagraph (B) prevents the Secretary
from recovering during a fiscal year the full amount of
a penalty imposed on a State under subparagraph (A) for
a prior fiscal year, the Secretary shall apply
subparagraph (A) to the grant otherwise payable to the
State under this section for the immediately succeeding
fiscal year.
``(2) For failure to maintain effort.--If an audit
conducted pursuant to chapter 75 of title 31, United States
Code, finds that the amount expended by a State (other than
from amounts provided by the Federal Government) during fiscal
year 1996 or 1997 to carry out the State program funded under
this part is less than the total amount expended by the State
(other than from amounts provided by the Federal Government)
during fiscal year 1995 under parts B and E of this title, then
the Secretary shall reduce the amount of the grant that would
(in the absence of this subsection) be payable to the State
under this section for the immediately succeeding fiscal year
by the amount of the difference.
``(3) For failure to submit required report.--
``(A) In general.--The Secretary shall reduce by 3
percent the amount of the grant that would (in the
absence of this subsection) be payable to a State under
this section for a fiscal year if the Secretary
determines that the State has not submitted the report
required by section 427(b) for the immediately
preceding fiscal year, within 6 months after the end of
the immediately preceding fiscal year.
``(B) Rescission of penalty.--The Secretary shall
rescind a penalty imposed on a State under subparagraph
(A) with respect to a report for a fiscal year if the
State submits the report before the end of the
immediately succeeding fiscal year.
``(f) Limitation on Federal Authority.--Except as expressly
provided in this part, the Secretary may not regulate the conduct of
States under this part or enforce any provision of this part.
``SEC. 424. CHILD PROTECTION STANDARDS.
``(a) In General.--Each State to which a grant is made under
section 423 shall operate a child protection program in accordance with
the following standards in order to assure the protection of children:
``(1) The primary standard by which a State child welfare
system shall be judged is the protection of children.
``(2) Each State shall investigate reports of abuse and
neglect promptly.
``(3) Children removed from their homes shall have a
permanency plan and a dispositional hearing by a court or a
court-appointed body within 3 months after a fact-finding
hearing.
``(4) All child protection cases in which the child is
placed outside the home shall be reviewed every 6 months unless
the child is in a long-term placement.
``(b) Placement of Children With Relatives.--A State to which a
grant is made under this part may consider--
``(1) establishing a new type of foster care placement,
which could be considered a permanent placement, for children
who are separated from their parents (in this subsection
referred to as `kinship care') under which--
``(A) adult relatives of such children would be the
preferred placement option if such relatives meet all
relevant child protection standards established by the
State;
``(B) the State would make a needs-based payment
and provide supportive services, as appropriate, with
respect to children placed in a kinship care
arrangement; and
``(2) in placing children for adoption, giving preference
to adult relatives who meet applicable adoption standards
(including those acting as foster parents of such children).
``SEC. 425. CITIZEN REVIEW PANELS.
``(a) Establishment.--Each State to which a grant is made under
section 423 shall establish at least 3 citizen review panels.
``(b) Composition.--Each panel established under subsection (a)
shall be broadly representative of the community from which drawn.
``(c) Frequency of Meetings.--Each panel established under
subsection (a) shall meet not less frequently than quarterly.
``(d) Duties.--
``(1) In general.--Each panel established under subsection
(a) shall, by examining specific cases, determine the extent to
which the State and local agencies responsible for carrying out
activities under this part are doing so in accordance with the
State plan, with the child protection standards set forth in
section 424, and with any other criteria that the panel
considers important to ensure the protection of children.
``(2) Confidentiality.--The members and staff of any panel
established under subsection (a) shall not disclose to any
person or government any
information about any specific child protection case with
respect to which the panel is provided information.
``(e) State Assistance.--Each State that establishes a panel under
subsection (a) shall afford the panel access to any information on any
case that the panel desires to review, and shall provide the panel with
staff assistance in performing its duties.
``(f) Reports.--Each panel established under subsection (a) shall
make a public report of its activities after each meeting.
``SEC. 426. CLEARINGHOUSE AND HOTLINE ON MISSING AND RUNAWAY CHILDREN.
``(a) In General.--The Attorney General of the United States shall
establish and operate by contract a clearinghouse of information on
children who are missing or have run away from home, including a 24-
hour toll-free telephone hotline which may be contacted for information
on such children.
``(b) Limitation on Authorization of Appropriations.--To carry out
subsection (a), there are authorized to be appropriated to the Attorney
General of the United States not to exceed $7,000,000 for each fiscal
year.
``SEC. 427. DATA COLLECTION AND REPORTING.
``(a) Annual Reports on State Child Welfare Goals.--On the date
that is 3 years after the effective date of this part and annually
thereafter, each State to which a grant is made under section 423 shall
submit to the Secretary a report that contains quantitative information
on the extent to which the State is making progress toward achieving
the goals of the State child protection program.
``(b) Annual State Data Reports.--Each State to which a grant is
made under section 423 shall annually submit to the Secretary of Health
and Human Services a report that includes the following:
``(1) The number of children who were reported to the State
during the year as abused or neglected.
``(2) Of the number of children described in paragraph (1),
the number with respect to whom such reports were
substantiated.
``(3) Of the number of children described in paragraph
(2)--
``(A) the number that did not receive services
during the year under the State program funded under
this part;
``(B) the number that received services during the
year under the State program funded under this part or
an equivalent State program; and
``(C) the number that were removed from their
families during the year.
``(4) The number of families that received preventive
services from the State during the year.
``(5) The number of children who entered foster care under
the responsibility of the State during the year.
``(6) The number of children in foster care under the
responsibility of the State who exited from foster care during
the year.
``(7) The types of foster care placements made by the State
during the year, and the average monthly number of children in
each type of placement.
``(8) The average length of the foster care placements made
by the State during the year.
``(9) The age, ethnicity, gender, and family income of the
children placed in foster care under the responsibility of the
State during the year.
``(10) The number of children in foster care under the
responsibility of the State with respect to whom the State has
the goal of adoption.
``(11) The number of children in foster care under the
responsibility of the State who were freed for adoption during
the year.
``(12) The number of children in foster care under the
responsibility of the State whose adoptions were finalized
during the year.
``(13) The number of disrupted adoptions in the State
during the year.
``(14) Quantitative measurements showing whether the State
is making progress toward the child protection goals identified
by the State under section 422(a)(9).
``(15) The number of infants abandoned in the State during
the year, and the number of such infants who were legally
adopted during the year and the length of time between the
discovery of the abandonment and such adoption.
``(16) The number of children who died during the year
while in foster care under the responsibility of the State.
``(17) The number of deaths in the State during the year
resulting from child abuse or neglect.
``(18) The number of children served by the independent
living program of the State.
``(19) Any other information which the Secretary and a
majority of the States agree is appropriate to collect for
purposes of this part.
``(20) The response of the State to the findings and
recommendations of the citizen review panels established by the
State pursuant to section 425.
``(c) Authority of States to Use Estimates.--A State may comply
with a requirement to provide precise numerical information described
in subsection (b) by submitting an estimate which is obtained through
the use of scientifically acceptable sampling methods.
``(d) Annual Report by the Secretary.--Within 6 months after the
end of each fiscal year, the Secretary shall prepare a report based on
information provided by the States for the fiscal year pursuant to
subsection (b), and shall make the report and such information
available to the Congress and the public.
``(e) Scope of State Program Funded Under This Part.--As used in
subsection (b), the term `State program funded under this part'
includes any equivalent State program.
``SEC. 428. RESEARCH AND TRAINING.
``(a) In General.--The Secretary shall conduct research and
training in child welfare.
``(b) Limitation on Authorization of Appropriations.--To carry out
subsection (a), there are authorized to be appropriated to the
Secretary not to exceed $10,000,000 for each fiscal year.
``SEC. 429. NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE.
``(a) In General.--The Secretary shall conduct a national study
based on random samples of children who are at risk of child abuse or
neglect, or are determined by States to have been abused or neglected.
``(b) Requirements.--The study required by subsection (a) shall--
``(1) have a longitudinal component; and
``(2) yield data reliable at the State level for as many
States as the Secretary determines is feasible.
``(c) Preferred Contents.--In conducting the study required by
subsection (a), the Secretary should--
``(1) collect data on the child protection programs of
different small States or (different groups of such States) in
different years to yield an occasional picture of the child
protection programs of such States;
``(2) carefully consider selecting the sample from cases of
confirmed abuse or neglect; and
``(3) follow each case for several years while obtaining
information on, among other things--
``(A) the type of abuse or neglect involved;
``(B) the frequency of contact with State or local
agencies;
``(C) whether the child involved has been separated
from the family, and, if so, under what circumstances;
``(D) the number, type, and characteristics of out-
of-home placements of the child; and
``(E) the average duration of each placement.
``(d) Reports.--
``(1) In general.--From time to time, the Secretary shall
prepare reports summarizing the results of the study required
by subsection (a), and should include in such reports a
comparison of the results of the study with the information
reported by States under section 427.
``(2) Availability.--The Secretary shall make available to
the public any report prepared under paragraph (1), in writing
or in the form of an electronic data tape.
``(3) Authority to charge fee.--The Secretary may charge
and collect a fee for the furnishing of reports under paragraph
(2).
``(e) Funding.--Out of any money in the Treasury of the United
States not otherwise appropriated, the Secretary of the Treasury shall
pay to the Secretary of Health and Human Services $6,000,000 for each
of fiscal years 1996 through 2000 to carry out this section.
``SEC. 430. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION.
``(a) Purpose.--The purpose of this section is to decrease the
length of time that children wait to be adopted and to prevent
discrimination in the placement of children on the basis of race,
color, or national origin.
``(b) Multiethnic Placements.--
``(1) Prohibition.--A State or other entity that receives
funds from the Federal Government and is involved in adoption
or foster care placements may not--
``(A) deny to any person the opportunity to become
an adoptive or a foster parent, on the basis of the
race, color, or national origin of the person, or of
the child, involved; or
``(B) delay or deny the placement of a child for
adoption or into foster care, or otherwise discriminate
in making a placement decision, on the basis of the
race, color, or national origin of the adoptive or
foster parent, or the child, involved.
``(2) Penalties.--
``(A) State violators.--A State that violates
paragraph (1) during a period shall remit to the
Secretary all funds that were paid to the State under
this part during the period.
``(B) Private violators.--Any other entity that
violates paragraph (1) during a period shall remit to
the Secretary all funds that were paid to the entity
during the period by a State from funds provided under
this part.
``(3) Private cause of action.--
``(A) In general.--Any individual who is aggrieved
by a violation of paragraph (1) by a State or other
entity may bring an action seeking relief in any United
States district court.
``(B) Statute of limitations.--An action under this
paragraph may not be brought more than 2 years after
the date the alleged violation occurred.''.
SEC. 14202. CONFORMING AMENDMENTS.
(a) Amendments to Part D of Title IV of the Social Security Act.--
(1) Section 452(a)(10)(C) of the Social Security Act (42
U.S.C. 652(a)(10)(C)), as amended by section 14104(b)(2)(C) of
this Act, is amended--
(A) by striking ``(or foster care maintenance
payments under part E)'' and inserting ``or cash
payments under a State program funded under part B'';
and
(B) by striking ``or 471(a)(17)''.
(2) Section 452(g)(2)(A) of such Act (42 U.S.C.
652(g)(2)(A)) is amended--
(A) by striking ``or E'' the 1st place such term
appears and inserting ``or benefits or services are
being provided under the State program funded under
part B''; and
(B) by striking ``or E'' the 2nd place such term
appears and inserting ``or benefits or services were
being provided under the State program funded under
part B''.
(3) Section 456(a)(1) of such Act (42 U.S.C. 656(a)(1)) is
amended by striking ``foster care maintenance payments'' and
inserting ``benefits or services under a State program funded
under part B''.
(4) Section 466(a)(3)(B) of such Act (42 U.S.C.
666(a)(3)(B)), as amended by section 14104(b)(13) of this Act,
is amended by striking ``or 471(a)(17)''.
(b) Repeal of Part E of Title IV of the Social Security Act.--Part
E of title IV of such Act (42 U.S.C. 671-679) is hereby repealed.
(c) Amendment to Title XVI of the Social Security Act as in Effect
With Respect to the States.--Section 1611(c)(5)(B) of such Act (42
U.S.C. 1382(c)(5)(B)) is amended to read as follows: ``(B) the State
program funded under part B of title IV,''.
(d) Repeal of Section 13712 of the Omnibus Budget Reconciliation
Act of 1993.--Section 13712 of the Omnibus Budget Reconciliation Act of
1993 (42 U.S.C. 670 note) is hereby repealed.
(e) Amendment to Section 9442 of the Omnibus Budget Reconciliation
Act of 1986.--Section 9442(4) of the Omnibus Budget Reconciliation Act
of 1986 (42 U.S.C. 679a(4)) is amended by inserting ``(as in effect
before October 1, 1995)'' after ``Act''.
(f) Repeal of Section 553 of the Howard M. Metzenbaum Multiethnic
Placement Act of 1994.--Section 553 of the Howard M. Metzenbaum
Multiethnic Placement Act of 1994 (42 U.S.C. 5115a; 108 Stat. 4056) is
hereby repealed.
(g) Repeal of Subtitle C of Title XVII of the Violent Crime Control
and Law Enforcement Act of 1994.--Subtitle C of title XVII of the
Violent Crime Control and Law Enforcement Act of 1994 is hereby
repealed.
SEC. 14203. CONTINUED APPLICATION OF CURRENT STANDARDS UNDER MEDICAID
PROGRAM.
Section 1931 of the Social Security Act, as inserted by section
14106(a)(2) of this Act, is amended--
(1) in subsection (a)(1)--
(A) by striking ``part A of'', and
(B) by striking ``under such part'' and inserting
``under a part of such title''; and
(2) in subsection (b), by striking ``part A of''.
SEC. 14204. EFFECTIVE DATE.
(a) In General.--this subtitle and the amendments made by this
subtitle shall take effect on October 1, 1995.
(b) Transition Rule.--The amendments made by this subtitle shall
not apply with respect to--
(1) powers, duties, functions, rights, claims, penalties,
or obligations applicable to aid or services provided before
the effective date of this subtitle under the provisions
amended; and
(2) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such provisions.
SEC. 14205. SENSE OF THE CONGRESS REGARDING TIMELY ADOPTION OF
CHILDREN.
It is the sense of the Congress that--
(1) too many children who wish to be adopted are spending
inordinate amounts of time in foster care;
(2) there is an urgent need for States to increase the
number of waiting children being adopted in a timely and lawful
manner;
(3) studies have shown that States spend an excess of
$15,000 each year on each special needs child in foster care,
and would save significant amounts of money if they offered
incentives to families to adopt special needs children;
(4) States should allocate sufficient funds under this
subtitle for adoption assistance and medical assistance to
encourage more families to adopt children who otherwise would
languish in the foster care system for a period that many
experts consider detrimental to their development;
(5) States should offer incentives for families that adopt
special needs children to make adoption more affordable for
middle-class families;
(6) when it is necessary for a State to remove a child from
the home of the child's biological parents, the State should
strive--
(A) to provide the child with a single foster care
placement and a single coordinated case team; and
(B) to conclude an adoption of the child, when
adoption is the goal of the child and the State, within
one year of the child's placement in foster care; and
(7) States should participate in local, regional, or
national programs to enable maximum visibility of waiting
children to potential parents. Such programs should include a
nationwide, interactive computer network to disseminate
information on children eligible for adoption to help match
them with families around the country.
Subtitle C--Block Grants for Child Care and for Nutrition Assistance
CHAPTER 1--CHILD CARE BLOCK GRANTS
SEC. 14301. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
ACT OF 1990.
(a) Goals.--Section 658A of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9801 note) is amended--
(1) in the heading of such section by inserting ``and
goals'' after ``title'',
(2) by inserting ``(a) Short Title.--'' before ``This'',
and
(3) by adding at the end the following:
``(b) Goals.--The goals of this subchapter are--
``(1) to allow each State maximum flexibility in developing
child care programs and policies that best suit the needs of
children and parents within such State;
``(2) to promote parental choice to empower working parents
to make their own decisions on the child care that best suits
their family's needs;
``(3) to encourage States to provide consumer education
information to help parents make informed choices about child
care;
``(4) to assist States to provide child care to parents
trying to achieve independence from public assistance; and
``(5) to assist States in implementing the health, safety,
licensing, and registration standards established in State
regulations.''.
(b) Authorization of Appropriations.--Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended to read as follows:
``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
subchapter $2,093,000,000 for each of the fiscal years 1996, 1997,
1998, 1999, and 2000.''.
(c) Lead Entity.--Section 658D of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858b) is amended--
(1) in the heading of such section by striking ``agency''
and inserting ``entity'',
(2) in subsection (a) by inserting ``or other entity''
after ``State agency'', and
(3) by striking ``lead agency'' each place it appears and
inserting ``lead entity''.
(d) Application and Plan.--Section 658E of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c) is amended--
(1) in subsection (b)--
(A) by striking ``implemented--'' and all that
follows through ``(2)'' and inserting ``implemented'',
and
(B) by striking ``for subsequent State plans'',
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the heading of such paragraph by
striking ``agency'' and inserting ``entity'',
and
(ii) by striking ``agency'' and inserting
``entity'',
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i) by striking ``,
other than through assistance provided
under paragraph (3)(C),'' and
(II) by striking ``except'' and all
that follows through ``1992'', and
inserting ``and provide a detailed
description of the procedures the State
will implement to carry out the
requirements of this subparagraph'',
(ii) in subparagraph (B)--
(I) by striking ``Provide
assurances'' and inserting ``Certify'',
and
(II) by inserting before the period
at the end ``and provide a detailed
description of such procedures'',
(iii) in subparagraph (C)--
(I) by striking ``Provide
assurances'' and inserting ``Certify'',
and
(II) by inserting before the period
at the end ``and provide a detailed
description of how such record is
maintained and is made available'',
(iv) by amending subparagraph (D) to read
as follows:
``(D) Consumer education information.--Provide
assurances that the State will collect and disseminate
to parents of eligible children and the general public,
consumer education information that will promote
informed child care choices.'',
(v) in subparagraph (E)--
(I) by striking ``Provide
assurances'' and inserting ``Certify'',
(II) in clause (i) by inserting
``health, safety, and'' after ``comply
with all'',
(III) in clause (i) by striking ``;
and'' at the end,
(IV) by striking ``that--'' and all
that follows through ``(i)'', and
inserting ``that'', and
(V) by striking ``(ii)'' and all
that follows through the end of such
subparagraph, and inserting ``and
provide a detailed description of such
requirements and of how such
requirements are effectively
enforced.'', and
(vi) by striking subparagraphs (F), (G),
(H), (I), and (J),
(C) in paragraph (3)--
(i) in subparagraph (A) by inserting ``or
as authorized by section 658T'' before the
period at the end,
(ii) in subparagraph (B)--
(I) by striking ``.--Subject to the
reservation contained in subparagraph
(C), the'' and inserting ``and related
activities.--The'',
(II) by inserting ``, other than
amounts transferred under section
658T,'' after ``subchapter'',
(III) in clause (i) by striking ``;
and'' at the end and inserting a
period,
(IV) by striking ``for--'' and all
that follows through ``section
658E(c)(2)(A)'' and inserting ``for
child care services, activities that
improve the quality or availability of
such services, and any other activity
that the State deems appropriate to
realize any of the goals specified in
paragraphs (2) through (5) of section
658A(b)'', and
(V) by striking clause (ii), and
(iii) by amending subparagraph (C) to read
as follows:
``(C) Limitation on administrative costs.--Not more
than 5 percent of the aggregate amount of payments
received under this subchapter by a State in each
fiscal year may be expended for administrative costs
incurred
by such State to carry out all its functions and
duties under this subchapter.'',
(D) in paragraph (4)(A)--
(i) by striking ``provide assurances'' and
inserting ``certify'',
(ii) in the first sentence by inserting
``and shall provide a summary of the facts
relied on by the State to determine that such
rates are sufficient to ensure such access''
before the period, and
(iii) by striking the last sentence, and
(E) by striking paragraph (5).
(e) Limitations on State Allotments--Section 658F(b)(2) of the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858d(b)(2)) is amended by striking ``referred to in section
658E(c)(2)(F)''.
(f) Repeal of Earmarked Required Expenditures.--The Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 note) is amended by
striking sections 658G and 658H.
(g) Administration and Enforcement.--Section 658I(a) of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(a)) is
amended--
(1) in paragraph (1) by inserting ``and'' at the end,
(2) by striking paragraph (2), and
(3) by redesignating paragraph (3) as paragraph (2).
(h) Payments.--Section 658J(c) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h(c)) is amended--
(1) by striking ``expended'' and inserting ``obligated'',
and
(2) by striking ``3 fiscal years'' and inserting ``fiscal
year''.
(i) Annual Report and Audits.--Section 658K of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended--
(1) in the heading of such section by inserting ``,
evaluation plans,'' after ``report'',
(2) in subsection (a)--
(A) by striking ``, 1992'' and inserting
``following the end of the first fiscal year with
respect to which the amendments made by the Personal
Responsibility Act of 1995 apply'',
(B) by amending paragraph (2) to read as follows:
``(2) containing data on the manner in which the child care
needs of families in the State are being fulfilled, including
information concerning--
``(A) the number and ages of children being
assisted with funds provided under this subchapter;
``(B) with respect to the families of such
children--
``(i) the number of other children in such
families;
``(ii) the number of such families that
include only 1 parent;
``(iii) the number of such families that
include both parents;
``(iv) the ages of the mothers of such
children;
``(v) the ages of the fathers of such
children;
``(vi) the sources of the economic
resources of such families, including the
amount of such resources obtained from (and
separately identified as being from)--
``(I) employment, including self-
employment;
``(II) assistance received under
part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(III) part B of title IV of the
Social Security Act (42 U.S.C. 621 et
seq.);
``(IV) the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.);
``(V) the National School Lunch Act
(42 U.S.C. 1751 et seq.);
``(VI) assistance received under
title XVI of the Social Security Act
(42 U.S.C. 1381 et seq.);
``(VII) assistance received under
title XIV of the Social Security Act
(42 U.S.C. 1351 et seq.);
``(VIII) assistance received under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.);
``(IX) assistance received under
title XX of the Social Security Act (42
U.S.C. 1397 et seq.); and
``(X) any other source of economic
resources the Secretary determines to
be appropriate;
``(C) the number of such providers separately
identified with respect to each type of child care
provider specified in section 658P(5) that provided
child care services obtained with assistance provided
under this subchapter;
``(D) with respect to cost of such services--
``(i) the cost imposed by such providers to
provide such services; and
``(ii) the portion of such cost paid with
assistance provided under this subchapter;
``(E) with respect to consumer education
information described in section 658E(c)(2)(D) provided
by such State--
``(i) the manner in which such information
was provided; and
``(ii) the number of parents to whom such
information was provided; and
``(F) with respect to complaints received by such
State regarding child care services obtained with
assistance provided under this subchapter--
``(i) the number of such complaints that
were found to have merit; and
``(ii) a description of the actions taken
by the State to correct the circumstances on
which such complaints were based.'',
(C) by striking paragraphs (3), (4), (5), and (6)
and inserting the following:
``(3) containing evidence demonstrating that the State
satisfied the requirements of section 658E(c)(2)(F); and
``(4) identifying each State program operated under a
provision of law specified in section 658T to which the State
transferred funds under the authority of such section,
specifying the amount of funds so transferred to such program,
and containing a justification for so transferring such
amount;'', and
(3) in subsection (b)--
(A) in paragraph (1) by striking ``a application''
and inserting ``an application'',
(B) in paragraph (2) by striking ``any agency
administering activities that receive'' and inserting
``the State that receives'', and
(C) in paragraph (4) by striking ``entitles'' and
inserting ``entitled'', and
(4) by redesignating subsection (b) as subsection (c), and
(5) by inserting after subsection (a) the following:
``(b) State Evaluation Plan and Evaluation Results.--
``(1) Evaluation plan.--In the first report submitted under
subsection (a) after the date of the enactment of the Personal
Responsibility Act of 1995, and in the report for each
alternating 1-year period thereafter, the State shall include a
plan the State intends to carry out in the 1-year period
subsequent to the period for which such report is submitted, to
evaluate the extent to which the State has realized each of the
goals specified in paragraphs (2) through (5) of section
658A(b). The State shall include in such plan a description of
the types of data and other information the State will collect
to determine whether the State has realized such goals.
``(2) Evaluation results.--In the second report submitted
under subsection (a) after the date of the enactment of the
Personal Responsibility Act of 1995, and in the report for each
alternating 1-year period thereafter, the State shall include a
summary of the results of an evaluation carried out under the
evaluation plan contained in the report submitted under
subsection (a) for the preceding 1-year period.''.
(j) Report by Secretary.--Section 658L of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended--
(1) by striking ``, 1993, and annually'' and inserting
``following the end of the second fiscal year with respect to
which the amendments made by the Personal Responsibility Act of
1995 apply, and biennially'',
(2) by striking ``Committee on Education and Labor'' and
inserting ``Speaker'',
(3) by striking ``Committee on Labor and Human Resources''
and inserting ``President pro tempore'', and
(4) by striking the last sentence.
(k) Reallotments.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Possessions'' and inserting
``possessions'',
(B) by inserting ``and'' after ``States,'', and
(C) by striking ``, and the Trust Territory of the
Pacific Islands'',
(2) by amending subsection (b) to read as follows:
``(b) State Allotment.--From the amount appropriated under section
658B for each fiscal year remaining after reservations under subsection
(a), the Secretary shall allot to each State (excluding Guam, American
Samoa, the Virgin Islands of the United States, and the Commonwealth of
the Northern Mariana Islands) an amount that bears the same ratio to
the amount so appropriated for such fiscal year as the aggregate of the
amounts received by the State under--
``(1) this subchapter for fiscal year 1994;
``(2) section 403 of the Social Security Act, with respect
to expenditures by the State for child care under section
402(g)(1) of such Act during fiscal year 1994; and
``(3) section 403(n) of the Social Security Act for fiscal
year 1994;
bears to the aggregate of the amounts received by all the States
(excluding Guam, American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands) under
paragraphs (1), (2), and (3).'',
(3) in subsection (c)--
(A) in paragraph (2)(A) by striking ``agency'' and
inserting ``entity'', and
(B) in paragraph (5) by striking ``our'' and
inserting ``out'',
(4) by striking subsection (e), and
(5) by redesignating subsection (f) as subsection (e).
(l) Definitions.--Section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n) is amended--
(1) in paragraph (5)(A)--
(A) in clause (i) by striking ``and'' at the end
and inserting ``or'',
(B) by striking ``that--'' and all that follows
through ``(i)'', and inserting ``that'', and
(C) by striking clause (ii),
(2) by amending paragraph (8) to read as follows:
``(8) Lead entity.--The term `lead entity' means the State
agency or other entity designated under section 658B(a).'',
(3) by striking paragraphs (3), (10), and (12),
(4) by inserting after paragraph (2) the following:
``(3) Child care services.--The term `child care services'
means services that constitute physical care of a child and may
include services that are designed to enhance the educational,
social, cultural, emotional, and recreational development of a
child
but that are not intended to serve as a substitute for
compulsory educational services.'',
(5) in paragraph (13)--
(A) by inserting ``or'' after ``Samoa,'', and
(B) by striking ``, and the Trust Territory of the
Pacific Islands'', and
(6) by redesignating paragraphs (11), (13), and (14) as
paragraphs (10), (11), and (12), respectively.
(m) Authority To Transfer Funds.--The Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by
inserting after section 658S the following:
``SEC. 658T. TRANSFER OF FUNDS.
``(a) Authority.--Of the aggregate amount of payments received
under this subchapter by a State in each fiscal year, the State may
transfer not more than 20 percent for use by the State to carry out
State programs under 1 or more of the following provisions of law:
``(1) Part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.).
``(2) Part B of title IV of the Social Security Act (42
U.S.C. 621 et seq.).
``(3) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.).
``(4) The National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(5) Title XX of the Social Security Act (42 U.S.C. 1397
et seq.).
``(b) Requirements Applicable to Funds Transferred.--Funds
transferred under subsection (a) to carry out a State program operated
under a provision of law specified in such subsection shall not be
subject to the requirements of this subchapter, but shall be subject to
the same requirements that apply to Federal funds provided directly
under such provision of law to carry out such program.''.
SEC. 14302. REPEAL OF CHILD CARE ASSISTANCE AUTHORIZED BY ACTS OTHER
THAN THE SOCIAL SECURITY ACT.
(a) Child Development Associate Scholarship Assistance Act of
1985.--Title VI of the Human Services Reauthorization Act of 1986 (42
U.S.C. 10901-10905) is repealed.
(b) State Dependent Care Development Grants Act.--Subchapter E of
chapter 8 of subtitle A of title VI of the Omnibus Budget
Reconciliation Act of 1981 (42 U.S.C. 9871-9877) is repealed.
(c) Programs of National Significance.--Title X of the Elementary
and Secondary Education Act of 1965, as amended by Public Law 103-382
(108 Stat. 3809 et seq.), is amended--
(1) in section 10413(a) by striking paragraph (4),
(2) in section 10963(b)(2) by striking subparagraph (G),
and
(3) in section 10974(a)(6) by striking subparagraph (G).
(d) Native Hawaiian Family-Based Education Centers.--Section 9205
of the Native Hawaiian Education Act (Public Law 103-382; 108 Stat.
3794) is repealed.
CHAPTER 2--FAMILY AND SCHOOL-BASED NUTRITION BLOCK GRANTS
Subchapter A--Family Nutrition Block Grant Program
SEC. 14321. AMENDMENT TO CHILD NUTRITION ACT OF 1966.
The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended
to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Child Nutrition
Act of 1966'.
``(b) Table of Contents.--The table of contents is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Authorization.
``Sec. 3. Allotment.
``Sec. 4. Application.
``Sec. 5. Use of amounts.
``Sec. 6. Reports.
``Sec. 7. Penalties.
``Sec. 8. Model nutrition standards for food assistance for pregnant,
postpartum, and breastfeeding women,
infants and children.
``Sec. 9. Authorization of appropriations.
``Sec. 10. Definitions.
``SEC. 2. AUTHORIZATION.
``(a) In General.--In the case of each State that in accordance
with section 4 submits to the Secretary of Agriculture an application
for a fiscal year, the Secretary shall provide a grant for the year to
the State for the purpose of achieving the goals described in
subsection (b). The grant shall consist of the allotment determined for
the State under section 3.
``(b) Goals.--The goals of this Act are--
``(1) to provide nutritional risk assessment, food
assistance based on such risk assessment, and nutrition
education and counseling to economically disadvantaged pregnant
women, postpartum women, breastfeeding women, infants, and
young children who are determined to be at nutritional risk;
``(2) to provide nutritional risk assessments of such women
in order to provide food assistance and nutrition education
which meets their specific needs;
``(3) to provide nutrition education to such women in order
to increase their awareness of the types of foods which should
be consumed to maintain good health;
``(4) to provide food assistance, including nutritious meal
supplements, to such women in order to reduce incidences of
low-birthweight babies and babies born with birth defects as a
result of nutritional deficiencies;
``(5) to provide food assistance, including nutritious meal
supplements, to such women, infants, and young children in
order to ensure their future good health;
``(6) to ensure that such women, infants, and children are
referred to other health services, including routine pediatric
and obstetric care, when necessary;
``(7) to ensure that children from economically
disadvantaged families in day care facilities, family day care
homes, homeless shelters, settlement houses, recreational
centers, Head Start centers, Even Start programs and child care
facilities for children with disabilities receive nutritious
meals, supplements, and low-cost milk; and
``(8) to provide summer food service programs to meet the
nutritional needs of children from economically disadvantaged
families during months when school is not in session.
``(c) Timing of Payments.--The Secretary shall provide payments
under a grant under this Act to States on a quarterly basis.
``SEC. 3. ALLOTMENT.
``The Secretary shall allot the amount appropriated to carry out
this Act for a fiscal year among the States as follows:
``(1) First fiscal year.--
``(A) In general.--With respect to the first fiscal
year for which the Secretary provides grants to States
under this Act, the amount allotted to each State shall
bear the same proportion to such amount appropriated as
the aggregate of the amounts described in subparagraph
(B) that were received by each such State under the
provisions of law described in such subparagraph (as
such provisions of law were in effect on the day before
the date of the enactment of the Personal
Responsibility Act of 1995) for the preceding fiscal
year bears to the aggregate of the amounts described in
subparagraph (B) that were received by all such States
under such provisions of law for such preceding fiscal
year.
``(B) Amounts described.--The amounts described in
this subparagraph are the following:
``(i) The amount received under the special
supplemental nutrition program for women,
infants, and children under section 17 of this
Act (42 U.S.C. 1786).
``(ii) The amount received under the
homeless children nutrition program established
under section 17B of the National School Lunch
Act (42 U.S.C. 1766b).
``(iii) 87.5 percent of the sum of the
amounts received under the following programs:
``(I) The child and adult care food
program under section 17 of the
National School Lunch Act (42 U.S.C.
1766), except for subsection (o) of
such section.
``(II) The summer food service
program for children established under
section 13 of the National School Lunch
Act (42 U.S.C. 1761).
``(III) The special milk program
established under section 3 of this Act
(42 U.S.C. 1772).
``(2) Second fiscal year.--With respect to the second
fiscal year for which the Secretary provides grants to States
under this Act--
``(A) 95 percent of such amount appropriated shall
be allotted among the States by allotting to each State
an amount that bears the same proportion to such amount
appropriated as the amount allotted to each such State
from a grant under this Act for the preceding fiscal
year bears to the aggregate of the amounts allotted to
all such States from grants under this Act for such
preceding fiscal year; and
``(B) 5 percent of such amount appropriated shall
be allotted among the States by allotting to each State
an amount that bears the same proportion to such amount
appropriated as the relative number of individuals
receiving assistance during the 1-year period ending on
June 30 of the preceding fiscal year in such State from
amounts received from a grant under this Act for such
preceding fiscal year bears to the total number of
individuals receiving assistance in all States from
amounts received from grants under this Act for the
preceding fiscal year.
``(3) Third and fourth fiscal years.--With respect to each
of the third and fourth fiscal years for which the Secretary
provides grants to States under this Act--
``(A) 90 percent of such amount appropriated shall
be allotted among the States by allotting to each State
an amount determined in accordance with the formula
described in paragraph (2)(A); and
``(B) 10 percent of such amount appropriated shall
be allotted among the States by allotting to each State
an amount determined in accordance with the formula
described in paragraph (2)(B).
``(4) Fifth fiscal year.--With respect to the fifth fiscal
year for which the Secretary provides grants to States under
this Act--
``(A) 85 percent of such amount appropriated shall
be allotted among the States by allotting to each State
an amount determined in accordance with the formula
described in paragraph (2)(A); and
``(B) 15 percent of such amount appropriated shall
be allotted among the States by allotting to each State
an amount determined in accordance with the formula
described in paragraph (2)(B).
``SEC. 4. APPLICATION.
``The Secretary may provide a grant under this Act to a State for a
fiscal year only if the State submits to the Secretary an application
containing only--
``(1) an agreement that the State will use amounts received
from such grant in accordance with section 5;
``(2) except as provided in paragraph (3), an agreement
that the State will set minimum nutritional requirements for
food assistance provided under this Act based on the most
recent tested nutritional research available, except that--
``(A) such requirements shall not be construed to
prohibit the substitution of foods to accommodate the
medical or other special dietary needs of individual
students; and
``(B) such requirements shall, at a minimum, be
based on--
``(i) the weekly average of the nutrient
content of school lunches; or
``(ii) such other standards as the State
may prescribe;
``(3) an agreement that the State, with respect to the
provision of food assistance to economically disadvantaged
pregnant women, postpartum women, breastfeeding women, infants,
and young children, shall--
``(A) implement the minimum nutritional
requirements described in paragraph (2) for such food
assistance; or
``(B) implement the model nutrition standards
developed under section 8 for such food assistance;
``(4) an agreement that the State will take such reasonable
steps as the State deems necessary to restrict the use and
disclosure of information about individuals and families
receiving assistance under this Act;
``(5) an agreement that the State will use not more than 5
percent of the amount of such grant for administrative costs
incurred to provide assistance under this Act, except that
costs associated with the nutritional risk assessment of
individuals described in section 5(a)(1) and costs associated
with nutrition education and counseling provided to such
individuals shall not be considered to be administrative costs;
and
``(6) an agreement that the State will submit to the
Secretary a report in accordance with section 6.
``SEC. 5. USE OF AMOUNTS.
``(a) In General.--The Secretary may provide a grant under this Act
to a State only if the State agrees that it will use all amounts
received from such grant--
``(1) subject to subsection (b), to provide nutritional
risk assessment, food assistance based on such risk assessment,
and nutrition education and counseling to economically
disadvantaged pregnant women, postpartum women, breastfeeding
women, infants, and young children who are determined to be at
nutritional risk;
``(2) to provide milk in nonprofit nursery schools, child
care centers, settlement houses, summer camps, and similar
institutions devoted to the care and training of children, to
children from economically disadvantaged families;
``(3) to provide food service programs in institutions and
family day care homes providing child care to children from
economically disadvantaged families;
``(4) to provide summer food service programs carried out
by nonprofit food authorities, local governments, nonprofit
higher education institutions participating in the National
Youth Sports Program, and residential nonprofit summer camps to
children from economically disadvantaged families; and
``(5) to provide nutritious meals to pre-school age
homeless children in shelters and other facilities serving the
homeless population.
``(b) Additional Requirements With Respect To Assistance for
Pregnant, Postpartum, and Breastfeeding Women, Infants, and Children.--
``(1) Minimum amount of assistance.--The State shall ensure
that not less than 80 percent of the amount of the grant is
used to provide nutritional risk assessment, food assistance
based on such nutritional risk assessment, and nutrition
education and counseling to economically disadvantaged pregnant
women, postpartum women, breastfeeding women, infants, and
young children under subsection (a)(1).
``(2) Cost containment measures regarding procurement of
infant formula.--
``(A) In general.--The State shall, with respect to
the provision of food assistance to economically
disadvantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children under
subsection (a)(1), establish and carry out a cost
containment system for the procurement of infant
formula.
``(B) Use of amounts resulting from savings.--The
State shall use amounts available to the State as
result of savings in costs to the State from the
implementation of the cost containment system described
in subparagraph (A) for the purpose of providing the
assistance described in paragraphs (1) through (5) of
subsection (a).
``(C) Annual reports.--The State shall submit to
the Secretary for each fiscal year a report
containing--
``(i) a description of the cost containment
system for infant formula implemented by the
State in accordance with subparagraph (A) for
such fiscal year; and
``(ii) the estimated amount of savings in
costs derived by the State in providing food
assistance described in such subparagraph under
such cost containment system for such fiscal
year as compared to the amount of such savings
derived by the State under the cost containment
system for the preceding fiscal year, where
appropriate.
``(3) Assistance for members of the armed forces and their
dependents.--The State shall ensure that assistance described
in subsection (a)(1) is provided to members of the Armed Forces
and dependents of such members (regardless of the State of
residence of such members or dependents) who meet the
requirements of such subsection on an equitable basis with
assistance provided to all other individuals under such
subsection in such State.
``(c) Additional Requirement With Respect To Child Care Assistance
on Military Installations.--
``(1) In general.--To the extent consistent with the number
of children who are receiving assistance under child care
programs established and carried out on military installations
in such State by the Department of Defense, the State, after
timely and appropriate consultation with representatives of
such programs, shall provide assistance to such programs for
such children (regardless of the State of residence of such
children) in accordance with subsection (a)(3) on an equitable
basis with assistance provided in accordance with such
subsection to all other child care programs carried out in such
State.
``(2) Limitation.--In providing assistance to a child care
program established and carried out on a military installation
under paragraph (1), a State shall not require that such
program be licensed under State law if such program is licensed
by the Department of Defense.
``(d) Authority To Use Amounts for Other Purposes.--
``(1) In general.--Subject to paragraphs (2) and (3), a
State may use not more than 20 percent of amounts received from
a grant under this Act for a fiscal year to carry out a State
program pursuant to any or all of the following provisions of
law:
``(A) Part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
``(B) Part B of title IV of the Social Security Act
(42 U.S.C. 621 et seq.).
``(C) Title XX of the Social Security Act (42
U.S.C. 1397 et seq.).
``(D) The National School Lunch Act (42 U.S.C. 1751
et seq.).
``(E) The Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.).
``(2) Sufficient funding determination.--Prior to using any
amounts received from a grant under this Act for a fiscal year
to carry out a State program pursuant to any or all of the
provisions of law described in paragraph (1), the appropriate
State agency shall make a determination that sufficient amounts
will remain available for such fiscal year to carry out this
Act.
``(3) Rules governing use of amounts for other purposes.--
Amounts paid to the State under a grant under this Act that are
used to carry out a State program pursuant to a provision of
law specified in paragraph (1) shall not be subject to the
requirements of this Act, but shall be subject to the same
requirements that apply to Federal funds provided directly
under the provision of law to carry out the program.
``SEC. 6. REPORTS.
``The Secretary may provide a grant under this Act to a State for a
fiscal year only if the State agrees that
it will submit, for such fiscal year, a report to the Secretary
describing--
``(1) the number of individuals receiving assistance under
the grant in accordance with each of paragraphs (1) through (5)
of section 5(a);
``(2) the different types of assistance provided to such
individuals in accordance with such paragraphs;
``(3) the extent to which such assistance was effective in
achieving the goals described in section 2(b);
``(4) the standards and methods the State is using to
ensure the nutritional quality of such assistance, including
meals and supplements;
``(5) the number of low birthweight births in the State in
such fiscal year compared to the number of such births in the
State in the previous fiscal year; and
``(6) any other information which can be reasonably
required by the Secretary.
``SEC. 7. PENALTIES.
``(a) Penalty for Use of Amounts in Violation of This Act.--
``(1) In general.--The Secretary shall reduce the amounts
otherwise payable to a State under a grant under this Act by
any amount paid to the State under this Act which an audit
conducted pursuant to chapter 75 of title 31, United States
Code, finds has been used in violation of this Act.
``(2) Limitation.--In carrying out paragraph (1), the
Secretary shall not reduce any quarterly payment by more than
25 percent.
``(b) Penalty for Failure To Submit Required Report.--The Secretary
shall reduce by 3 percent the amount otherwise payable to a State under
a grant under this Act for a fiscal year if the Secretary determines
that the State has not submitted the report required by section 6 for
the immediately preceding fiscal year, within 6 months after the end of
the immediately preceding fiscal year.
``SEC. 8. MODEL NUTRITION STANDARDS FOR FOOD ASSISTANCE FOR PREGNANT,
POSTPARTUM, AND BREASTFEEDING WOMEN, INFANTS AND
CHILDREN.
``(a) In General.--Not later than April 1, 1996, the Food and
Nutrition Board of the Institute of Medicine of the National Academy of
Sciences, in cooperation with pediatricians, obstetricians,
nutritionists, and directors of programs providing nutritional risk
assessment, food assistance, and nutrition education and counseling to
economically disadvantaged pregnant women, postpartum women,
breastfeeding women, infants, and young children, shall develop model
nutrition standards for food assistance provided to such women,
infants, and children under this Act.
``(b) Requirement.--Such model nutrition standards shall require
that food assistance provided to such women, infants, and children
contain nutrients that are lacking in the diets of such women, infants,
and children, as determined by nutritional research.
``(c) Report to Congress.--Not later than 1 year after the date on
which the model nutrition standards are developed under subsection (a),
the Food and Nutrition Board of the Institute of Medicine of the
National Academy of Sciences shall prepare and submit to the Congress a
report regarding the efforts of States to implement such model
nutrition standards.
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this Act $4,606,000,000 for fiscal year 1996, $4,777,000,000 for
fiscal year 1997, $4,936,000,000 for fiscal year 1998, $5,120,000,000
for fiscal year 1999, and $5,308,000,000 for fiscal year 2000.
``(b) Availability.--Amounts authorized to be appropriated under
subsection (a) are authorized to remain available until the end of the
fiscal year subsequent to the fiscal year for which such amounts are
appropriated.
``SEC. 10. DEFINITIONS.
``For purposes of this Act:
``(1) Breastfeeding women.--The term `breastfeeding women'
means women up to 1 year postpartum who are breastfeeding their
infants.
``(2) Economically disadvantaged.--The term `economically
disadvantaged' means an individual or a family, as the case may
be, whose annual income does not exceed 185 percent of the
applicable family size income levels contained in the most
recent income poverty guidelines prescribed by the Office of
Management and Budget and based on data from the Bureau of the
Census.
``(3) Infants.--The term `infants' means individuals under
1 year of age.
``(4) Postpartum women.--The term `postpartum women' means
women who are in the 180-day period beginning on the
termination of pregnancy.
``(5) Pregnant women.--The term `pregnant women' means
women who have 1 or more fetuses in utero.
``(6) School.--The term `school' means a public or private
nonprofit elementary, intermediate, or secondary school.
``(7) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(8) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, or a tribal
organization (as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l))).
``(9) Young children.--The term `young children' means
individuals who have attained the age of 1 but have not
attained the age of 5.''.
Subchapter B--School-Based Nutrition Block Grant Program
SEC. 14341. AMENDMENT TO NATIONAL SCHOOL LUNCH ACT.
The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended
to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `National School
Lunch Act'.
``(b) Table of Contents.--The table of contents is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Authorization.
``Sec. 3. Allotment.
``Sec. 4. Application.
``Sec. 5. Use of amounts.
``Sec. 6. Reports.
``Sec. 7. Penalties.
``Sec. 8. Assistance to children enrolled in private nonprofit schools
and Department of Defense domestic
dependents' schools in case of restrictions
on State or failure by State to provide
assistance.
``Sec. 9. Food service programs for department of defense overseas
dependents' schools.
``Sec. 10. Model nutrition standards for meals for students.
``Sec. 11. Definitions.
``SEC. 2. AUTHORIZATION.
``(a) Entitlement.--
``(1) In general.--In the case of each State that in
accordance with section 4 submits to the Secretary of
Agriculture an application for a fiscal year, each such State
shall be entitled to receive from the Secretary for such fiscal
year a grant for the purpose of achieving the goals described
in subsection (b). Subject to paragraph (2), the grant shall
consist of the allotment for such State determined under
section 3 of the school-based nutrition amount for the fiscal
year.
``(2) Requirement to provide commodities.--9 percent of the
amount of the assistance available under this Act for each
State shall be in the form of commodities.
``(3) School-based nutrition amount.--
``(A) In general.--For purposes of this Act, the
term `school-based nutrition amount' means, subject to
the reservation contained in subparagraph (B),
$6,681,000,000 for fiscal year 1996, $6,956,000,000 for
fiscal year 1997, $7,237,000,000 for fiscal year 1998,
$7,538,000,000 for fiscal year 1999, and $7,849,000,000
for fiscal year 2000.
``(B) Reservation.--For each fiscal year described
in subparagraph (A), the Secretary shall reserve an
amount equal to the amount determined under subsection
(c) of section 9 for such fiscal year from the school-
based nutrition amount for the purpose of establishing
and carrying out nutritious food service programs at
Department of Defense overseas dependents' schools in
accordance with such section.
``(4) Availability.--Payments under a grant to a State from
the allotment determined under section 3 for any fiscal year
may be obligated by the State in that fiscal year or in the
succeeding fiscal year.
``(b) Goals.--The goals of this Act are--
``(1) to safeguard the health and well-being of children
through the provision of nutritious, well-balanced meals and
food supplements;
``(2) to provide economically disadvantaged children access
to nutritious free or low cost meals, food supplements, and
low-cost milk;
``(3) to ensure that children served under this Act are
receiving the nutrition they require to take advantage of the
educational opportunities provided to them;
``(4) to emphasize foods which are naturally good sources
of vitamins and minerals over foods which have been enriched
with vitamins and minerals and are high in fat or sodium
content;
``(5) to provide a comprehensive school nutrition program
for children; and
``(6) to minimize paperwork burdens and administrative
expenses for participating schools.
``(c) Timing of Payments.--The Secretary shall provide payments
under a grant under this Act to States on a quarterly basis.
``SEC. 3. ALLOTMENT.
``The Secretary shall allot the school-based nutrition amount to
carry out this Act for a fiscal year among the States as follows:
``(1) First fiscal year.--
``(A) In general.--With respect to the first fiscal
year for which the Secretary provides grants to States
under this Act, the amount allotted to each State shall
bear the same proportion to such school-based nutrition
amount as the aggregate of the amounts described in
subparagraph (B) that were received by each such State
under the provisions of law described in such
subparagraph (as such provisions of law were in effect
on the day before the date of the enactment of the
Personal Responsibility Act of 1995) for the preceding
fiscal year bears to the aggregate of the amounts
described in subparagraph (B) that were received by all
such States under such provisions of law for such
preceding fiscal year.
``(B) Amounts described.--The amounts described in
this subparagraph are the following:
``(i) The amount received under the school
breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
``(ii) The amount received under the school
lunch program established under this Act (42
U.S.C. 1751 et seq.).
``(iii) 12.5 percent of the sum of the
amounts received under the following programs:
``(I) The child and adult care food
program under section 17 of this Act
(42 U.S.C. 1766), except for subsection
(o) of such section.
``(II) The summer food service
program for children established under
section 13 of this Act (42 U.S.C.
1761).
``(III) The special milk program
established under section 3 of the
Child Nutrition Act of 1966 (42 U.S.C.
1772).
``(2) Second fiscal year.--With respect to the second
fiscal year for which the Secretary provides grants to States
under this Act--
``(A) 95 percent of such school-based nutrition
amount shall be allotted among the States by allotting
to each State an amount that bears the same proportion
to such school-based nutrition amount as the amount
allotted to each such State from a grant under this Act
for the preceding fiscal year bears to the aggregate of
the amounts allotted to all such States from grants
under this Act for such preceding fiscal year; and
``(B) 5 percent of such school-based nutrition
amount shall be allotted among the States by allotting
to each State an amount that bears the same proportion
to such school-based nutrition amount as the relative
number of meals served during the 1-year period ending
on June 30 of the preceding fiscal year in a State from
amounts received from a grant under this Act for such
preceding fiscal year bears to the total number of
meals served in all States from amounts received from
grants under this Act for the preceding fiscal year.
``(3) Third and fourth fiscal years.--With respect to each
of the third and fourth fiscal years for which the Secretary
provides grants to States under this Act--
``(A) 90 percent of such school-based nutrition
amount shall be allotted among the States by allotting
to each State an amount determined in accordance with
the formula described in paragraph (2)(A); and
``(B) 10 percent of such school-based nutrition
amount shall be allotted among the States by allotting
to each State an amount determined in accordance with
the formula described in paragraph (2)(B).
``(4) Fifth fiscal year.--With respect to the fifth fiscal
year for which the Secretary provides grants to States under
this Act--
``(A) 85 percent of such school-based nutrition
amount shall be allotted among the States by allotting
to each State an amount determined in accordance with
the formula described in paragraph (2)(A); and
``(B) 15 percent of such school-based nutrition
amount shall be allotted among the States by allotting
to each State an amount determined in accordance with
the formula described in paragraph (2)(B).
``SEC. 4. APPLICATION.
``The Secretary may provide a grant under this Act to a State for a
fiscal year only if the State submits to the Secretary an application
containing only--
``(1) an agreement that the State will use amounts received
from such grant in accordance with section 5;
``(2) except as provided in paragraph (3), an agreement
that the State will set minimum nutritional requirements for
meals provided under this Act based on the most recent tested
nutritional research available, except that--
``(A) such requirements shall not be construed to
prohibit the substitution of foods to accommodate the
medical or other special dietary needs of individual
students; and
``(B) such requirements shall, at a minimum, be
based on--
``(i) the weekly average of the nutrient
content of school lunches; or
``(ii) such other standards as the State
may prescribe;
``(3) an agreement that the State, with respect to the
provision of meals to students, shall--
``(A) implement the minimum nutritional
requirements described in paragraph (2) for such meals;
or
``(B) implement the model nutrition standards
developed under section 10 for such meals;
``(4) an agreement that the State will take such reasonable
steps as the State deems necessary to restrict the use and
disclosure of information about individuals and families
receiving assistance under this Act;
``(5) an agreement that the State will use not more than 2
percent of the amount of such grant for administrative costs
incurred to provide assistance under this Act; and
``(6) an agreement that the State will submit to the
Secretary a report in accordance with section 6.
``SEC. 5. USE OF AMOUNTS.
``(a) In General.--The Secretary may provide a grant under this Act
to a State only if the State agrees that it will use all amounts
received from such grant to provide assistance to schools to establish
and carry out nutritious food service programs that provide affordable
meals and supplements to students, which may include--
``(1) nonprofit school breakfast programs;
``(2) nonprofit school lunch programs;
``(3) nonprofit before and after school supplement
programs;
``(4) nonprofit low-cost milk services; and
``(5) nonprofit summer meals programs.
``(b) Additional Requirements.--
``(1) Minimum amount of grant for free or low cost meals or
supplements.--In providing assistance to schools to establish
and carry out nutritious food service programs in accordance
with subsection (a), the State shall ensure that not less than
80 percent of the amount of the grant is used to provide free
or low cost meals or supplements to economically disadvantaged
children.
``(2) Provision of food service programs in private
nonprofit schools and department of defense domestic
dependents' schools.--To the extent consistent with the number
of children in the State who are enrolled in private nonprofit
schools and Department of Defense domestic dependents' schools,
the State, after timely and appropriate consultation with
representatives of such schools, as the case may be, shall
ensure that nutritious food service programs are established
and carried out in such schools in accordance with subsection
(a) on an equitable basis with nutritious food service programs
established and carried out in public nonprofit schools in the
State.
``(c) Authority To Use Amounts for Other Purposes.--
``(1) In general.--Subject to paragraphs (2) and (3), a
State may use not more than 20 percent of amounts received from
a grant under this Act for a fiscal year to carry out a State
program pursuant to any or all of the following provisions of
law:
``(A) Part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
``(B) Part B of title IV of the Social Security Act
(42 U.S.C. 621 et seq.).
``(C) Title XX of the Social Security Act (42
U.S.C. 1397 et seq.).
``(D) The Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.).
``(E) The Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.).
``(2) Sufficient funding determination.--Prior to using any
amounts received from a grant under this Act for a fiscal year
to carry out a State program pursuant to any or all of the
provisions of law described in paragraph (1), the appropriate
State agency shall make a determination that sufficient amounts
will remain available for such fiscal year to carry out this
Act.
``(3) Rules governing use of amounts for other purposes.--
Amounts paid to the State under a grant under this Act that are
used to carry out a State program pursuant to a provision of
law specified in paragraph (1) shall not be subject to the
requirements of this Act, but shall be subject to the same
requirements that apply to Federal funds provided directly
under the provision of law to carry out the program.
``(d) Limitation on Provision of Commodities to Certain School
Districts, Private Nonprofit Schools, and Department of Defense
Domestic Dependents' Schools.--
``(1) In general.--A State may not require a school
district, private nonprofit school, or Department of Defense
domestic dependents' school described in paragraph (2), except
upon the request of such school district, private school, or
domestic dependents' school, as the case may be, to accept
commodities for use in the food service program of such school
district, private school, or domestic dependents' school in
accordance with this section. Such school district, private
school, or domestic dependents' school may continue to receive
commodity assistance in the form that it received such
assistance as of January 1, 1987.
``(2) School district, private nonprofit school, and
department of defense domestic dependents' school described.--A
school district, private nonprofit school, or Department of
Defense domestic dependents' school described in this paragraph
is a school district, private nonprofit school, or Department
of Defense domestic dependents' school, as the case may be,
that as of January 1, 1987, was receiving all cash payments or
all commodity letters of credit in lieu of entitlement
commodities for the school lunch program of such school
district, private school, or domestic dependents' school under
section 18(b) of the National School Lunch Act (42 U.S.C. 1751
et seq.), as such section was in effect on the day before the
date of the enactment of the Personal Responsibility Act of
1995.
``(e) Prohibition on Physical Segregation, Overt Identification, or
Other Discrimination With Respect to Children Eligible for Free or Low
Cost Meals or Supplements.--In providing assistance to schools to
establish and carry out nutritious food service programs in accordance
with subsection (a), the State shall ensure that such schools do not--
``(1) physically segregate children eligible to receive
free or low cost meals or supplements on the basis of such
eligibility;
``(2) provide for the overt identification of such children
by special tokens or tickets, announced or published list of
names, or other means; or
``(3) otherwise discriminate against such children.
``SEC. 6. REPORTS.
``The Secretary may provide a grant under this Act to a State for a
fiscal year only if the State agrees that it will submit, for such
fiscal year, a report to the Secretary describing--
``(1) the number of individuals receiving assistance under
the grant;
``(2) the different types of assistance provided to such
individuals;
``(3) the total number of meals served to students under
the grant, including the percentage of such meals served to
economically disadvantaged students;
``(4) the extent to which such assistance was effective in
achieving the goals described in section 2(b);
``(5) the standards and methods the State is using to
ensure the nutritional quality of such assistance, including
meals and supplements; and
``(6) any other information which can be reasonably
required by the Secretary.
``SEC. 7. PENALTIES.
``(a) Penalty for Use of Amounts in Violation of This Act.--
``(1) In general.--The Secretary shall reduce the amounts
otherwise payable to a State under a grant under this Act by
any amount paid to the State under this Act which an audit
conducted pursuant to chapter 75 of title 31, United States
Code, finds has been used in violation of this Act.
``(2) Limitation.--In carrying out paragraph (1), the
Secretary shall not reduce any quarterly payment by more than
25 percent.
``(b) Penalty for Failure To Submit Required Report.--The Secretary
shall reduce by 3 percent the amount otherwise payable to a State under
a grant under this Act for a fiscal year if the Secretary determines
that the State has not submitted the report required by section 6 for
the immediately preceding fiscal year, within 6 months after the end of
the immediately preceding fiscal year.
``SEC. 8. ASSISTANCE TO CHILDREN ENROLLED IN PRIVATE NONPROFIT SCHOOLS
AND DEPARTMENT OF DEFENSE DOMESTIC DEPENDENTS' SCHOOLS IN
CASE OF RESTRICTIONS ON STATE OR FAILURE BY STATE TO
PROVIDE ASSISTANCE.
``(a) In General.--If, by reason of any other provision of law, a
State is prohibited from providing assistance from amounts received
from a grant under this Act to private nonprofit schools or Department
of Defense domestic dependents' schools for a fiscal year to establish
and carry out nutritious food service programs in such schools in
accordance with section 5(a), or the Secretary determines that a State
has substantially failed or is unwilling to provide such assistance to
such private nonprofit schools or domestic dependents' schools for such
fiscal year, the Secretary shall, after consultation with appropriate
representatives of the State and private nonprofit schools or domestic
dependents' schools, as the case may be, arrange for the provision of
such assistance to private nonprofit schools or domestic dependents'
schools in the State for such fiscal year in accordance with the
requirements of this Act.
``(b) Reduction in Amount of State Grant.--If the Secretary
arranges for the provision of assistance to private nonprofit schools
or Department of Defense domestic dependents' schools in a State for a
fiscal year under subsection (a), the amount of the grant for such
State for such fiscal year shall be reduced by the amount of such
assistance provided to such private nonprofit schools or domestic
dependents' schools, as the case may be.
``SEC. 9. FOOD SERVICE PROGRAMS FOR DEPARTMENT OF DEFENSE OVERSEAS
DEPENDENTS' SCHOOLS.
``(a) In General.--The Secretary shall make available to the
Secretary of Defense for each fiscal year funds and commodities in an
amount determined in accordance with subsection (c) for the purpose of
establishing and carrying out nutritious food service programs that
provide affordable meals and supplements to students attending
Department of Defense overseas dependents' schools.
``(b) Requirements.--In carrying out nutritious food service
programs under subsection (a), the Secretary of Defense--
``(1) shall ensure that not less than 80 percent of the
amount of assistance provided to each school for a fiscal year
is used to provide free or low cost meals or supplements to
economically disadvantaged children; and
``(2) shall ensure that, with respect to the provision of
meals to students, each such school will--
``(A) implement minimum nutritional requirements
for meals provided under this section based on the most
recent tested nutritional research available, except
that--
``(i) such requirements shall not be
construed to prohibit the substitution of foods
to accommodate the medical or other special
dietary needs of individual students; and
``(ii) such requirements shall, at a
minimum, be based on--
``(I) the weekly average of the
nutrient content of school lunches; or
``(II) such other standards as the
Secretary of Agriculture may prescribe;
or
``(B) implement the model nutrition standards
developed under section 10 for such meals.
``(c) Amount and Source of Funds and Commodities.--
``(1) Amount.--The Secretary, in consultation with the
Secretary of Defense, shall determine the amount of funds and
commodities necessary for each fiscal year to establish and
carry out nutritious food service programs described in
subsection (a).
``(2) Source.--Such amount of funds and commodities shall
consist of the reservation of the school-based nutrition amount
in accordance with section 2(a)(3)(B).
``SEC. 10. MODEL NUTRITION STANDARDS FOR MEALS FOR STUDENTS.
``(a) Model Nutrition Standards.--Not later than April 1, 1996, the
Food and Nutrition Board of the Institute of Medicine of the National
Academy of Sciences, in cooperation with nutritionists and directors of
programs providing meals to students under this Act, shall develop
model nutrition standards for meals provided to such students under
this Act.
``(b) Report to Congress.--Not later than 1 year after the date on
which the model nutrition standards are developed under subsection (a),
the Food and Nutrition Board of the Institute of Medicine of the
National Academy of Sciences shall prepare and submit to the Congress a
report regarding the efforts of States to implement such model
nutrition standards.
``SEC. 11. DEFINITIONS.
``For purposes of this Act:
``(1) Department of defense domestic dependents' school.--
The term `Department of Defense domestic dependents' school'
means an elementary or secondary school established pursuant to
section 2164 of title 10, United States Code.
``(2) Department of defense overseas dependents' school.--
The term `Department of Defense overseas dependents' school'
means a Department of Defense dependents' school which is
located outside the United States and the territories or
possessions of the United States.
``(3) Economically disadvantaged.--The term `economically
disadvantaged' means an individual or a family, as the case may
be, whose annual income does not exceed 185 percent of the
applicable family size income levels contained in the most
recent income poverty guidelines prescribed by the Office of
Management and Budget and based on data from the Bureau of the
Census.
``(4) School.--The term `school' means a public or private
nonprofit elementary, intermediate, or secondary school.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(6) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa,
Guam, the Virgin Islands, or a tribal organization (as defined
in section 4(l) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l))).''.
Subchapter C--Miscellaneous Provisions
SEC. 14361. REPEALERS.
The following Acts are repealed:
(1) The Commodity Distribution Reform Act and WIC
Amendments of 1987 (Public Law 100-237; 101 Stat. 1733).
(2) The Child Nutrition and WIC Reauthorization Act of 1989
(Public Law 101-147; 103 Stat. 877).
CHAPTER 3--OTHER REPEALERS AND CONFORMING AMENDMENTS
SEC. 14371. AMENDMENTS TO LAWS RELATING TO CHILD PROTECTION BLOCK
GRANT.
(a) Abandoned Infants Assistance.--
(1) Repealer.--The Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is repealed.
(2) Conforming amendment.--Section 421(7) of the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 5061(7)) is amended to
read as follows:
``(7) the term `boarder baby' means an infant who is
medically cleared for discharge from an acute-care hospital
setting, but remains hospitalized because of a lack of
appropriate out-of-hospital placement alternatives;''.
(b) Child Abuse Prevention and Treatment.--
(1) Repealer.--The Child Abuse Prevention and Treatment Act
(42 U.S.C. 5101 et seq.) is repealed.
(2) Conforming amendments.--The Victims of Crime Act of
1984 (42 U.S.C. 10601 et seq.) is amended--
(A) in section 1402--
(i) in subsection (d)--
(I) by striking paragraph (2);
(II) by redesignating paragraphs
(3) and (4) as paragraphs (2) and (3),
respectively; and
(III) in paragraph (2) (as
redesignated by subclause (II))--
(aa) in subparagraph (A),
by striking the semicolon at
the end and inserting ``;
and'';
(bb) by striking
subparagraph (B); and
(cc) by redesignating
subparagraph (C) as
subparagraph (B); and
(ii) by striking subsection (g); and
(B) by striking section 1404A.
(c) Adoption Opportunities.--The Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.) is
repealed.
(d) Crisis Nurseries.--The Temporary Child Care for Children with
Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 5117 et seq.)
is amended--
(1) in the title heading by striking ``AND CRISIS
NURSERIES'';
(2) in section 201 by striking ``and Crisis Nurseries'';
(3) in section 202--
(A) by striking ``provide: (A) temporary'' and
inserting ``to provide temporary''; and
(B) by striking ``children, and (B)'' and all that
follows through the period and inserting ``children.'';
(4) by striking section 204; and
(5) in section 205--
(A) in subsection (a)--
(i) in paragraph (1)(A) by striking ``or
204''; and
(ii) in paragraph (2)--
(I) by striking subparagraph (D);
and
(II) by redesignating subparagraph
(E) as subparagraph (D);
(B) by striking subsection (b)(3); and
(C) in subsection (d)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and
(5) as paragraph (3) and (4), respectively.
(e) Missing Children's Assistance Act.--The Missing Children's
Assistance Act (42 U.S.C. 5771-5779) is repealed.
(f) Family Support Centers.--Subtitle F of title VII of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11481-11489) is
repealed.
(g) Investigation and Prosecution of Child Abuse Cases.--Subtitle A
of title II of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001-
13004) is repealed.
(h) Repeal of Family Unification Program.--Subsection (x) of
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(x))
is repealed.
CHAPTER 4--RELATED PROVISIONS
SEC. 14381. REQUIREMENT THAT DATA RELATING TO THE INCIDENCE OF POVERTY
IN THE UNITED STATES BE PUBLISHED AT LEAST EVERY 2 YEARS.
(a) In General.--The Secretary shall, to the extent feasible,
produce and publish for each State, county, and local unit of general
purpose government for which data have been compiled in the then most
recent census of population under section 141(a) of title 13, United
States Code, and for each school district, data relating to the
incidence of poverty. Such data may be produced by means of sampling,
estimation, or any other method that the Secretary determines will
produce current, comprehensive, and reliable data.
(b) Content; Frequency.--Data under this section--
(1) shall include--
(A) for each school district, the number of
children age 5 to 17, inclusive, in families below the
poverty level; and
(B) for each State and county referred to in
subsection (a), the number of individuals age 65 or
older below the poverty level; and
(2) shall be published--
(A) for each State, county, and local unit of
general purpose government referred to in subsection
(a), in 1996 and at least every second year thereafter;
and
(B) for each school district, in 1998 and at least
every second year thereafter.
(c) Authority To Aggregate.--
(1) In general.--If reliable data could not otherwise be
produced, the Secretary may, for purposes of subsection
(b)(1)(A), aggregate school districts, but only to the extent
necessary to achieve reliability.
(2) Information relating to use of authority.--Any data
produced under this subsection shall be appropriately
identified and shall be accompanied by a detailed explanation
as to how and why aggregation was used (including the measures
taken to minimize any such aggregation).
(d) Report To Be Submitted Whenever Data Is Not Timely Published.--
If the Secretary is unable to produce and publish the data required
under this section for any State, county, local unit of general purpose
government, or school district in any year specified in subsection
(b)(2), a report shall be submitted by the Secretary to the President
of the Senate and the Speaker of the House of Representatives, not
later than 90 days before the start of the following year, enumerating
each government or school district excluded and giving the reasons for
the exclusion.
(e) Criteria Relating to Poverty.--In carrying out this section,
the Secretary shall use the same criteria relating to poverty as were
used in the then most recent census of population under section 141(a)
of title 13, United States Code (subject to such periodic adjustments
as may be necessary to compensate for inflation and other similar
factors).
(f) Consultation.--The Secretary shall consult with the Secretary
of Education in carrying out the requirements of this section relating
to school districts.
(g) Definition.--For the purpose of this section, the term
``Secretary'' means the Secretary of Health and Human Services.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,500,000 for each of fiscal
years 1996 through 2000.
SEC. 14382. DATA ON PROGRAM PARTICIPATION AND OUTCOMES.
(a) In General.--The Secretary shall produce data relating to
participation in programs authorized by this Act by families and
children. Such data may be produced by means of sampling, estimation,
or any other method that the Secretary determines will produce
comprehensive and reliable data.
(b) Content.--Data under this section shall include, but not be
limited to--
(1) changes in participation in welfare, health, education,
and employment and training programs, for families and
children, the duration of such participation, and the causes
and consequences of any changes in program participation;
(2) changes in employment status, income and poverty
status, family structure and process, and children's well-
being, over time, for families and children participating in
Federal programs and, if appropriate, other low-income families
and children, and the causes and consequences of such changes;
and
(3) demographic data, including household composition,
marital status, relationship of householders, racial and ethnic
designation, age, and educational attainment.
(c) Frequency.--Data under this section shall reflect the period
1993 through 2002, and shall be published as often as practicable
during that time, but in any event no later than December 31, 2003.
(d) Definition.--For the purpose of this section, the term
``Secretary'' means the Secretary of Health and Human Services.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,500,000 in fiscal year 1996,
$10,000,000 for each of fiscal years 1997 through 2002, and $2,000,000
for fiscal year 2003.
CHAPTER 5--GENERAL EFFECTIVE DATE; PRESERVATION OF ACTIONS,
OBLIGATIONS, AND RIGHTS
SEC. 14391. EFFECTIVE DATE.
Except as otherwise provided in this subtitle, this subtitle and
the amendments made by this subtitle shall take effect on October 1,
1995.
SEC. 14392. APPLICATION OF AMENDMENTS AND REPEALERS.
An amendment or repeal made by this subtitle shall not apply with
respect to--
(1) powers, duties, functions, rights, claims, penalties,
or obligations applicable to financial assistance provided
before the effective date of amendment or repeal, as the case
may be, under the Act so amended or so repealed; and
(2) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such Act.
Subtitle D--Restricting Welfare and Public Benefits for Aliens
SEC. 14400. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND
IMMIGRATION.
The Congress makes the following statements concerning national
policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United
States immigration law since this country's earliest
immigration statutes.
(2) It continues to be the immigration policy of the United
States that--
(A) aliens within the nation's borders not depend
on public resources to meet their needs, but rather
rely on their own capabilities and the resources of
their families, their sponsors, and private
organizations, and
(B) the availability of public benefits not
constitute an incentive for immigration to the United
States.
(3) Despite the principle of self-sufficiency, aliens have
been applying for and receiving public benefits from Federal,
State, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and
unenforceable financial support agreements have proved wholly
incapable of assuring that individual aliens not burden the
public benefits system.
(5) It is a compelling government interest to enact new
rules for eligibility and sponsorship agreements in order to
assure that aliens be self-reliant in accordance with national
immigration policy.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the availability
of public benefits.
CHAPTER 1--ELIGIBILITY FOR FEDERAL BENEFITS PROGRAMS
SEC. 14401. INELIGIBILITY OF ILLEGAL ALIENS FOR CERTAIN PUBLIC BENEFITS
PROGRAMS.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsections (b) and (c), any alien who is not
lawfully present in the United States shall not be eligible for any
Federal means-tested public benefits program (as defined in section
14431(d)(2)).
(b) Exception for Emergency Assistance.--Subsection (a) shall not
apply to the provision of noncash, in-kind emergency assistance
(including emergency medical services).
(c) Treatment of Housing-related Assistance.--Subsection (a) shall
not apply to any program for housing or community development
assistance administered by the Secretary of Housing and Urban
Development, any program under title V of the Housing Act of 1949, or
any assistance under section 306C of the Consolidated Farm and Rural
Development Act, except that in the case of financial assistance (as
defined in section 214(b) of the Housing and Community Development Act
of 1980), the provisions of section 214 of such Act shall apply instead
of subsection (a).
SEC. 14402. INELIGIBILITY OF NONIMMIGRANTS FOR CERTAIN PUBLIC BENEFITS
PROGRAMS.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsections (b) and (c), any alien who is
lawfully present in the United States as a nonimmigrant shall not be
eligible for any Federal means-tested public benefits program.
(b) Exceptions.--
(1) Emergency assistance.--Subsection (a) shall not apply
to the provision of non-cash, in-kind emergency assistance
(including emergency medical services).
(2) Aliens granted asylum.--Subsection (a) shall not apply
to an alien who is granted asylum under section 208 of the
Immigration and Nationality Act or whose deportation has been
withheld under section 243(h) of such Act.
(3) Treatment of temporary agricultural workers.--
Subsection (a) shall not apply to a nonimmigrant admitted as a
temporary agricultural worker under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act or
as the spouse or minor child of such a worker under section
101(a)(15)(H)(iii) of such Act.
(c) Treatment of Housing-related Assistance.--Subsection (a) shall
not apply to any program for housing or community development
assistance administered by the Secretary of Housing and Urban
Development, any program under title V of the Housing Act of 1949, or
any assistance under section 306C of the Consolidated Farm and Rural
Development Act, except that in the case of financial assistance (as
defined in section 214(b) of the Housing and Community Development Act
of 1980), the provisions of section 214 of such Act shall apply instead
of subsection (a).
(d) Treatment of Aliens Paroled into the United States.--An alien
who is paroled into the United States under section 212(d)(5) of the
Immigration and Nationality Act for a period of less than 1 year shall
be considered, for purposes of this chapter, to be lawfully present in
the United States as a nonimmigrant.
SEC. 14403. LIMITED ELIGIBILITY OF IMMIGRANTS FOR 5 SPECIFIED FEDERAL
PUBLIC BENEFITS PROGRAMS.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsection (b), any alien who is lawfully present
in the United States shall not be eligible for any of the following
Federal means-tested public benefits programs:
(1) SSI.--The supplemental security income program under
title XVI of the Social Security Act.
(2) Temporary assistance for needy families.--The program
of block grants to States for temporary assistance for needy
families under part A of title IV of the Social Security Act.
(3) Social services block grant.--The program of block
grants to States for social services under title XX of the
Social Security Act.
(4) Medicaid.--The program of medical assistance under
title XIX of the Social Security Act.
(5) Consolidated food assistance program.--The consolidated
program of food assistance under chapter 2 of subtitle E of
this title.
(b) Exceptions.--
(1) Time-limited exception for refugees.--Subsection (a)
shall not apply to an alien admitted to the United States as a
refugee under section 207 of the Immigration and Nationality
Act until 5 years after the date of such alien's arrival into
the United States.
(2) Certain long-term, permanent resident, aged aliens.--
Subsection (a) shall not apply to an alien who--
(A) has been lawfully admitted to the United States
for permanent residence;
(B) is over 75 years of age; and
(C) has resided in the United States for at least 5
years.
(3) Veteran and active duty exception.--Subsection (a)
shall not apply to an alien who is
lawfully residing in any State (or any territory or possession
of the United States) and is--
(A) a veteran (as defined in section 101 of title
38, United States Code) with a discharge characterized
as an honorable discharge,
(B) on active duty (other than active duty for
training) in the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
Subparagraph (A) shall not apply in the case of a veteran who
has been separated from military service on account of
alienage.
(4) Emergency assistance.--Subsection (a) shall not apply
to the provision of non-cash, in-kind emergency assistance
(including emergency medical services).
(5) Transition for current beneficiaries.--Subsection (a)
shall not apply to the eligibility of an alien for a program
until 1 year after the date of the enactment of this Act if, on
such date of enactment, the alien is lawfully residing in any
State or any territory or possession of the United States and
is eligible for the program.
(6) Certain permanent resident and disabled aliens.--
Subsection (a) shall not apply to an alien who--
(A) has been lawfully admitted to the United States
for permanent residence; and
(B) is unable because of physical or developmental
disability or mental impairment (including Alzheimer's
disease) to comply with the naturalization requirements
of section 312(a) of the Immigration and Naturalization
Act.
SEC. 14404. NOTIFICATION.
Each Federal agency that administers a program to which section
14401, 14402, or 14403 applies shall, directly or through the States,
post information and provide general notification to the public and to
program recipients of the changes regarding eligibility for any such
program pursuant to this chapter.
CHAPTER 2--ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS
SEC. 14411. INELIGIBILITY OF ILLEGAL ALIENS FOR STATE AND LOCAL PUBLIC
BENEFITS PROGRAMS.
(a) In General.--Notwithstanding any other provision of law and
except as otherwise provided in this section, no alien who is not
lawfully present in the United States (as determined in accordance with
regulations of the Attorney General) shall be eligible for any State
means-tested public benefits program (as defined in section
14431(d)(3)).
(b) Exception for Emergency Assistance.--Subsection (a) shall not
apply to the provision of non-cash, in-kind emergency assistance
(including emergency medical services).
SEC. 14412. INELIGIBILITY OF NONIMMIGRANTS FOR STATE AND LOCAL PUBLIC
BENEFITS PROGRAMS.
(a) In General.--Notwithstanding any other provision of law and
except as otherwise provided in this section, no alien who is lawfully
present in the United States as a nonimmigrant shall be eligible for
any State means-tested public benefits program (as defined in section
14431(d)(3)).
(b) Exceptions.--
(1) Emergency assistance.--The limitations under subsection
(a) shall not apply to the provision of non-cash, in-kind
emergency assistance (including emergency medical services).
(2) Aliens granted asylum.--Subsection (a) shall not apply
to an alien who is granted asylum under section 208 of the
Immigration and Nationality Act or whose deportation has been
withheld under section 243(h) of such Act.
(3) Treatment of temporary agricultural workers.--
Subsection (a) shall not apply to a nonimmigrant admitted as a
temporary agricultural worker under section
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act or
as the spouse or minor child of such a worker under section
101(a)(15)(H)(iii) of such Act.
(c) Treatment of Aliens Paroled into the United States.--An alien
who is paroled into the United States under section 212(d)(5) of the
Immigration and Nationality Act for a period of less than 1 year shall
be considered, for purposes of this chapter, to be lawfully present in
the United States as a nonimmigrant.
SEC. 14413. STATE AUTHORITY TO LIMIT ELIGIBILITY OF IMMIGRANTS FOR
STATE AND LOCAL MEANS-TESTED PUBLIC BENEFITS PROGRAMS.
(a) In General.--Notwithstanding any other provision of law and
except as otherwise provided in this section or section 14412, a State
is authorized to determine eligibility requirements for aliens who are
lawfully present in the United States for any State means-tested public
benefits program.
(b) Exceptions.--
(1) Time-limited exception for refugees.--The authority
under subsection (a) shall not apply to an alien admitted to
the United States as a refugee under section 207 of the
Immigration and Nationality Act until 5 years after the date of
such alien's arrival into the United States.
(2) Certain long-term, permanent resident, aged aliens.--
The authority under subsection (a) shall not apply to an alien
who--
(A) has been lawfully admitted to the United States
for permanent residence;
(B) is over 75 years of age; and
(C) has resided in the United States for at least 5
years.
(3) Veteran and active duty exception.--The authority under
subsection (a) shall not apply to an alien who is lawfully
residing in any State (or any territory or possession of the
United States) and is--
(A) a veteran (as defined in section 101 of title
38, United States Code) with a discharge characterized
as an honorable discharge,
(B) on active duty (other than active duty for
training) in the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an
individual described in subparagraph (A) or (B).
Subparagraph (A) shall not apply in the case of a veteran who
has been separated from military service on account of
alienage.
(4) Emergency assistance.--The authority under subsection
(a) shall not apply to the provision of non-cash, in-kind
emergency assistance (including emergency medical services).
(5) Transition.--The authority under subsection (a) shall
not apply to eligibility of an alien for a State means-tested
public benefits program until 1 year after the date of the
enactment of this Act if, on such date of enactment, the alien
is lawfully present in the United States and is eligible for
benefits under the program. Nothing in the previous sentence is
intended to address alien eligibility for such a program before
the date of the enactment of this Act.
CHAPTER 3--ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT
SEC. 14421. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
SPONSORED IMMIGRANTS.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsection (c), in determining the eligibility
and the amount of benefits of an alien for any means-tested public
benefits program (as defined in section 14431(d)) the income and
resources of the alien shall be deemed to include--
(1) the income and resources of any person who executed an
affidavit of support pursuant to section 213A of the
Immigration and Nationality Act (as added by section 14422) in
behalf of such alien, and
(2) the income and resources of the spouse (if any) of the
person.
(b) Application.--Subsection (a) shall apply with respect to an
alien until such time as the alien achieves United States citizenship
through naturalization pursuant to chapter 2 of title III of the
Immigration and Nationality Act.
(c) Exception for Housing-related Assistance.--Subsection (a) shall
not apply to any program for housing or community development
assistance administered by the Secretary of Housing and Urban
Development, any program under title V of the Housing Act of 1949, or
any assistance under section 306C of the Consolidated Farm and Rural
Development Act.
SEC. 14422. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.
(a) In General.--Title II of the Immigration and Nationality Act is
amended by inserting after section 213 the following new section:
``requirements for sponsor's affidavit of support
``Sec. 213A. (a) Enforceability.--No affidavit of support may be
accepted by the Attorney General or by any consular officer to
establish that an alien is not excludable as a public charge under
section 212(a)(4) unless such affidavit is executed as a contract--
``(1) which is legally enforceable against the sponsor by
the Federal Government and by any State (or any political
subdivision of such State) which provides any means-tested
public benefits program, but not later than 10 years after the
alien last receives any such benefit; and
``(2) in which the sponsor agrees to submit to the
jurisdiction of any Federal or State court for the purpose of
actions brought under subsection (e)(2).
Such contract shall be enforceable with respect to benefits provided to
the alien until such time as the alien achieves United States
citizenship through naturalization pursuant to chapter 2 of title III.
``(b) Forms.--Not later than 90 days after the date of enactment of
this section, the Attorney General, in consultation with the Secretary
of State and the Secretary of Health and Human Services, shall
formulate an affidavit of support consistent with the provisions of
this section.
``(c) Statutory Construction.--Nothing in this section shall be
construed to grant third party beneficiary rights to any sponsored
alien under an affidavit of support.
``(d) Notification of Change of Address.--(1) The sponsor shall
notify the Federal Government and the State in which the sponsored
alien is currently resident within 30 days of any change of address of
the sponsor during the period specified in subsection (a)(1).
``(2) Any person subject to the requirement of paragraph (1) who
fails to satisfy such requirement shall be subject to a civil penalty
of--
``(A) not less than $250 or more than $2,000, or
``(B) if such failure occurs with knowledge that the
sponsored alien has received any benefit under any means-tested
public benefits program, not less than $2,000 or more than
$5,000.
``(e) Reimbursement of Government Expenses.--(1)(A) Upon
notification that a sponsored alien has received any benefit under any
means-tested public benefits program, the appropriate Federal, State,
or local official shall request reimbursement by the sponsor in the
amount of such assistance.
``(B) The Attorney General, in consultation with the Secretary of
Health and Human Services, shall prescribe such regulations as may be
necessary to carry out subparagraph (A).
``(2) If within 45 days after requesting reimbursement, the
appropriate Federal, State, or local agency has not received a response
from the sponsor indicating a willingness to commence payments, an
action may be brought against the sponsor pursuant to the affidavit of
support.
``(3) If the sponsor fails to abide by the repayment terms
established by such agency, the agency may, within 60 days of such
failure, bring an action against the sponsor pursuant to the affidavit
of support.
``(4) No cause of action may be brought under this subsection later
than 10 years after the alien last received any benefit under any
means-tested public benefits program.
``(f) Definitions.--For the purposes of this section--
``(1) Sponsor.--The term `sponsor' means an individual
who--
``(A) is a citizen or national of the United States
or an alien who is lawfully admitted to the United
States for permanent residence;
``(B) is 18 years of age or over; and
``(C) is domiciled in any State.
``(2) Means-tested public benefits program.--The term
`means-tested public benefits program' means a program of
public benefits (including cash, medical, housing, and food
assistance and social services) of the Federal Government or of
a State or political subdivision of a State in which the
eligibility of an individual, household, or family eligibility
unit for benefits under the program, or the amount of such
benefits, or both are determined on the basis of income,
resources, or financial need of the individual, household, or
unit.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 213 the
following:
``Sec. 213A. Requirements for sponsor's affidavit of support.''.
(c) Effective Date.--Subsection (a) of section 213A of the
Immigration and Nationality Act, as inserted by subsection (a) of this
section, shall apply to affidavits of support executed on or after a
date specified by the Attorney General, which date shall be not earlier
than 60 days (and not later than 90 days) after the date the Attorney
General formulates the form for such affidavits under subsection (b) of
such section.
CHAPTER 4--GENERAL PROVISIONS
SEC. 14431. DEFINITIONS.
(a) In General.--Except as otherwise provided in this section, the
terms used in this subtitle have the same meaning given such terms in
section 101(a) of the Immigration and Nationality Act.
(b) Lawful Presence.--For purposes of this subtitle, the
determination of whether an alien is lawfully present in the United
States shall be made in accordance with regulations of the Attorney
General. An alien shall not be considered to be lawfully present in the
United States for purposes of this subtitle merely because the alien
may be considered to be permanently residing in the United States under
color of law for purposes of any particular program.
(c) State.--As used in this subtitle, the term ``State'' includes
the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa.
(d) Public Benefits Programs.--As used in this subtitle--
(1) Means-tested program.--The term ``means-tested public
benefits program'' means a program of public benefits
(including cash, medical, housing, and food assistance and
social services) of the Federal Government or of a State or
political subdivision of a State in which the eligibility of an
individual, household, or family eligibility unit for benefits
under the program, or the amount of such benefits, or both are
determined on the basis of income, resources, or financial need
of the individual, household, or unit.
(2) Federal means-tested public benefits program.--The term
``Federal means-tested public benefits program'' means a means-
tested public benefits program of (or contributed to by) the
Federal Government and under which the Federal Government has
specified standards for eligibility and includes the programs
specified in section 14403(a).
(3) State means-tested public benefits program.--The term
``State means-tested public benefits program'' means a means-
tested public benefits program of a State or political
subdivision of a State under which the State or political
subdivision specifies the standards for eligibility, and does
not include any Federal means-tested public benefits program.
SEC. 14432. CONSTRUCTION.
Nothing in this subtitle shall be construed as addressing alien
eligibility for governmental programs that are not means-tested public
benefits programs.
CHAPTER 5--CONFORMING AMENDMENTS
SEC. 14441. CONFORMING AMENDMENTS RELATING TO ASSISTED HOUSING.
(a) Limitations on Assistance.--Section 214 of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a) is amended--
(1) by striking ``Secretary of Housing and Urban
Development'' each place it appears and inserting ``applicable
Secretary'';
(2) in subsection (b), by inserting after ``National
Housing Act,'' the following: ``the direct loan program under
section 502 of the Housing Act of 1949 or section 502(c)(5)(D),
504, 521(a)(2)(A), or 542 of such Act, subtitle A of title III
of the Cranston-Gonzalez National Affordable Housing Act,'';
(3) in paragraphs (2) through (6) of subsection (d), by
striking ``Secretary'' each place it appears and inserting
``applicable Secretary'';
(4) in subsection (d), in the matter following paragraph
(6), by striking ``the term `Secretary''' and inserting ``the
term `applicable Secretary'''; and
(5) by adding at the end the following new subsection:
``(h) For purposes of this section, the term `applicable Secretary'
means--
``(1) the Secretary of Housing and Urban Development, with
respect to financial assistance administered by such Secretary
and financial assistance under subtitle A of title III of the
Cranston-Gonzalez National Affordable Housing Act; and
``(2) the Secretary of Agriculture, with respect to
financial assistance administered by such Secretary.''.
(b) Conforming Amendments.--Section 501(h) of the Housing Act of
1949 (42 U.S.C. 1471(h)) is amended--
(1) by striking ``(1)'';
(2) by striking ``by the Secretary of Housing and Urban
Development''; and
(3) by striking paragraph (2).
Subtitle E--Food Stamp Reform and Commodity Distribution
SEC. 14501. SHORT TITLE.
This subtitle may be cited as the ``Food Stamp Reform and Commodity
Distribution Act''.
CHAPTER 1--COMMODITY DISTRIBUTION PROVISIONS
SEC. 14511. SHORT TITLE.
This chapter may be cited as the ``Commodity Distribution Act of
1995''.
SEC. 14512. AVAILABILITY OF COMMODITIES.
(a) Notwithstanding any other provision of law, the Secretary of
Agriculture (hereinafter in this chapter referred to as the
``Secretary'') is authorized during fiscal years 1996 through 2000 to
purchase a variety of nutritious and useful commodities and distribute
such commodities to the States for distribution in accordance with this
chapter.
(b) In addition to the commodities described in subsection (a), the
Secretary may expend funds made available to carry out section 32 of
the Act of August 24, 1935 (7 U.S.C. 612c), which are not expended or
needed to carry out such sections, to purchase, process, and distribute
commodities of the types customarily purchased under such section to
the States for distribution in accordance with this chapter.
(c) In addition to the commodities described in subsections (a) and
(b), agricultural commodities and the products thereof made available
under clause (2) of the second sentence of section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c), may be made available by the Secretary
to the States for distribution in accordance with this chapter.
(d) In addition to the commodities described in subsections (a),
(b), and (c), commodities acquired by the Commodity Credit Corporation
that the Secretary determines, in the discretion of the Secretary, are
in excess of quantities needed to--
(1) carry out other domestic donation programs;
(2) meet other domestic obligations;
(3) meet international market development and food aid
commitments; and
(4) carry out the farm price and income stabilization
purposes of the Agricultural Adjustment Act of 1938, the
Agricultural Act of 1949, and the Commodity Credit Corporation
Charter Act;
shall be made available by the Secretary, without charge or credit for
such commodities, to the States for distribution in accordance with
this chapter.
(e) During each fiscal year, the types, varieties, and amounts of
commodities to be purchased under this chapter shall be determined by
the Secretary. In purchasing such commodities, except those commodities
purchased pursuant to section 14520, the Secretary shall, to the extent
practicable and appropriate, make purchases based on--
(1) agricultural market conditions;
(2) the preferences and needs of States and distributing
agencies; and
(3) the preferences of the recipients.
SEC. 14513. STATE, LOCAL AND PRIVATE SUPPLEMENTATION OF COMMODITIES.
(a) The Secretary shall establish procedures under which State and
local agencies, recipient agencies, or any other entity or person may
supplement the commodities distributed under this chapter for use by
recipient agencies with nutritious and wholesome commodities that such
entities or persons donate for distribution, in all or part of the
State, in addition to the commodities otherwise made available under
this chapter.
(b) States and eligible recipient agencies may use--
(1) the funds appropriated for administrative cost under
section 14519(b);
(2) equipment, structures, vehicles, and all other
facilities involved in the storage, handling, or distribution
of commodities made available under this chapter; and
(3) the personnel, both paid or volunteer, involved in such
storage, handling, or distribution;
to store, handle or distribute commodities donated for use under
subsection (a).
(c) States and recipient agencies shall continue, to the maximum
extent practical, to use volunteer workers, and commodities and other
foodstuffs donated by charitable and other organizations, in the
distribution of commodities under this chapter.
SEC. 14514. STATE PLAN.
(a) A State seeking to receive commodities under this chapter shall
submit a plan of operation and administration every four years to the
Secretary for approval. The plan may be amended at any time, with the
approval of the Secretary.
(b) The State plan, at a minimum, shall--
(1) designate the State agency responsible for distributing
the commodities received under this chapter;
(2) set forth a plan of operation and administration to
expeditiously distribute commodities under this chapter in
quantities requested to eligible recipient agencies in
accordance with sections 14516 and 14520;
(3) set forth the standards of eligibility for recipient
agencies; and
(4) set forth the standards of eligibility for individual
or household recipients of commodities, which at minimum shall
require--
(A) individuals or households to be comprised of
needy persons; and
(B) individual or household members to be residing
in the geographic location served by the distributing
agency at the time of application for assistance.
(c) The Secretary shall encourage each State receiving commodities
under this chapter to establish a State advisory board consisting of
representatives of all interested entities, both public and private, in
the distribution of commodities received under this chapter in the
State.
(d) A State agency receiving commodities under this chapter may--
(1)(A) enter into cooperative agreements with State
agencies of other States to jointly provide
commodities received under this chapter to eligible recipient
agencies that serve needy persons in a single geographical area which
includes such States; or
(B) transfer commodities received under this chapter to any
such eligible recipient agency in the other State under such
agreement; and
(2) advise the Secretary of an agreement entered into under
this subsection and the transfer of commodities made pursuant
to such agreement.
SEC. 14515. ALLOCATION OF COMMODITIES TO STATES.
(a) In each fiscal year, except for those commodities purchased
under section 14520, the Secretary shall allocate the commodities
distributed under this chapter as follows:
(1) 60 percent of the such total value of commodities shall
be allocated in a manner such that the value of commodities
allocated to each State bears the same ratio to 60 percent of
such total value as the number of persons in households within
the State having incomes below the poverty line bears to the
total number of persons in households within all States having
incomes below such poverty line. Each State shall receive the
value of commodities allocated under this paragraph.
(2) 40 percent of such total value of commodities shall be
allocated in a manner such that the value of commodities
allocated to each State bears the same ratio to 40 percent of
such total value as the average monthly number of unemployed
persons within the State bears to the average monthly number of
unemployed persons within all States during the same fiscal
year. Each State shall receive the value of commodities
allocated to the State under this paragraph.
(b)(1) The Secretary shall notify each State of the amount of
commodities that such State is allotted to receive under subsection (a)
or this subsection, if applicable. Each State shall promptly notify the
Secretary if such State determines that it will not accept any or all
of the commodities made available under such allocation. On such a
notification by a State, the Secretary shall reallocate and distribute
such commodities as the Secretary deems appropriate and equitable. The
Secretary shall further establish procedures to permit States to
decline to receive portions of such allocation during each fiscal year
as the State determines is appropriate and the Secretary shall
reallocate and distribute such allocation as the Secretary deems
appropriate and equitable.
(2) In the event of any drought, flood, hurricane, or other natural
disaster affecting substantial numbers of persons in a State, county,
or parish, the Secretary may request that States unaffected by such a
disaster consider assisting affected States by allowing the Secretary
to reallocate commodities from such unaffected State to States
containing areas adversely affected by the disaster.
(c) Purchases of commodities under this chapter shall be made by
the Secretary at such times and under such conditions as the Secretary
determines appropriate within each fiscal year. All commodities so
purchased for each such fiscal year shall be delivered at reasonable
intervals to States based on the allocations and reallocations made
under subsections (a) and (b), and or carry out section 14520, not
later than December 31 of the following fiscal year.
SEC. 14516. PRIORITY SYSTEM FOR STATE DISTRIBUTION OF COMMODITIES.
(a) In distributing the commodities allocated under subsections (a)
and (b) of section 14515, the State agency, under procedures determined
by the State agency, shall offer, or otherwise make available, its full
allocation of commodities for distribution to emergency feeding
organizations.
(b) If the State agency determines that the State will not exhaust
the commodities allocated under subsections (a) and (b) of section
14515 through distribution to organizations referred to in subsection
(a), its remaining allocation of commodities shall be distributed to
charitable institutions described in section 14523(3) not receiving
commodities under subsection (a).
(c) If the State agency determines that the State will not exhaust
the commodities allocated under subsections (a) and (b) of section
14515 through distribution to organizations referred to in subsections
(a) and (b), its remaining allocation of commodities shall be
distributed to any eligible recipient agency not receiving commodities
under subsections (a) and (b).
SEC. 14517. INITIAL PROCESSING COSTS.
The Secretary may use funds of the Commodity Credit Corporation to
pay the costs of initial processing and packaging of commodities to be
distributed under this chapter into forms and in quantities suitable,
as determined by the Secretary, for use by the individual households or
eligible recipient agencies, as applicable. The Secretary may pay such
costs in the form of Corporation-owned commodities equal in value to
such costs. The Secretary shall ensure that any such payments in kind
will not displace commercial sales of such commodities.
SEC. 14518. ASSURANCES; ANTICIPATED USE.
(a) The Secretary shall take such precautions as the Secretary
deems necessary to ensure that commodities made available under this
chapter will not displace commercial sales of such commodities or the
products thereof. The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate by December 31,
1997, and not less than every two years thereafter, a report as to
whether and to what extent such displacements or substitutions are
occurring.
(b) The Secretary shall determine that commodities provided under
this chapter shall be purchased and distributed only in quantities that
can be consumed without waste. No eligible recipient agency may receive
commodities under this chapter in excess of anticipated use, based on
inventory records and controls, or in excess of its ability to accept
and store such commodities.
SEC. 14519. AUTHORIZATION OF APPROPRIATIONS.
(a) Purchase of Commodities.--To carry out this chapter there are
authorized to be appropriated $260,000,000 for each of the fiscal years
1996 through 2000 to purchase, process, and distribute commodities to
the States in accordance with this chapter.
(b) Administrative Funds.--
(1) There are authorized to be appropriated $40,000,000 for
each of the fiscal years 1996 through 2000 for the Secretary to
make available to the States for State and local payments for
costs associated with the distribution of commodities by
eligible recipient agencies under this chapter, excluding costs
associated with the distribution of those commodities
distributed under section 14520. Funds appropriated under this
paragraph for any fiscal year shall be allocated to the States
on an advance basis dividing such funds among the States in the
same proportions as the commodities distributed under this
chapter for such fiscal year are allocated among the States. If
a State agency is unable to use all of the funds so allocated
to it, the Secretary shall reallocate such unused funds among
the other States in a manner the Secretary deems appropriate
and equitable.
(2)(A) A State shall make available in each fiscal year to
eligible recipient agencies in the State not less than 40
percent of the funds received by the State under paragraph (1)
for such fiscal year, as necessary to pay for, or provide
advance payments to cover, the allowable expenses of eligible
recipient agencies for distributing commodities to needy
persons, but only to the extent such expenses are actually so
incurred by such recipient agencies.
(B) As used in this paragraph, the term ``allowable
expenses'' includes--
(i) costs of transporting, storing, handling,
repackaging, processing, and distributing commodities
incurred after such commodities are received by
eligible recipient agencies;
(ii) costs associated with determinations of
eligibility, verification, and documentation;
(iii) costs of providing information to persons
receiving commodities under this chapter concerning the
appropriate storage and preparation of such
commodities; and
(iv) costs of recordkeeping, auditing, and other
administrative procedures required for participation in
the program under this chapter.
(C) If a State makes a payment, using State funds, to cover
allowable expenses of eligible recipient agencies, the amount
of such payment shall be counted toward the amount a State must
make available for allowable expenses of recipient agencies
under this paragraph.
(3) States to which funds are allocated for a fiscal year
under this subsection shall submit financial reports to the
Secretary, on a regular basis, as to the use of such funds. No
such funds may be used by States or eligible recipient agencies
for costs other than those involved in covering the expenses
related to the distribution of commodities by eligible
recipient agencies.
(4)(A) Except as provided in subparagraph (B), to be
eligible to receive funds under this subsection, a State shall
provide in cash or in kind (according to procedures approved by
the Secretary for certifying these in-kind contributions) from
non-Federal sources a contribution equal to the difference
between--
(i) the amount of such funds so received; and
(ii) any part of the amount allocated to the State
and paid by the State--
(I) to eligible recipient agencies; or
(II) for the allowable expenses of such
recipient agencies; for use in carrying out
this chapter.
(B) Funds allocated to a State under this section may, upon
State request, be allocated before States satisfy the matching
requirement specified in subparagraph (A), based on the
estimated contribution required. The Secretary shall
periodically reconcile estimated and actual contributions and
adjust allocations to the State to correct for overpayments and
underpayments.
(C) Any funds distributed for administrative costs under
section 14520(b) shall not be covered by this paragraph.
(5) States may not charge for commodities made available to
eligible recipient agencies, and may not pass on to such
recipient agencies the cost of any matching requirements, under
this chapter.
(c) The value of the commodities made available under subsections
(c) and (d) of section 14512, and the funds of the Commodity Credit
Corporation used to pay the costs of initial processing, packaging
(including forms suitable for home use), and delivering commodities to
the States shall not be charged against appropriations authorized by
this section.
SEC. 14520. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
(a) From the funds appropriated under section 14519(a), $94,500,000
shall be used for each fiscal year to purchase and distribute
commodities to supplemental feeding programs serving woman, infants,
and children or elderly individuals (hereinafter in this section
referred to as the ``commodity supplemental food program''), or serving
both groups wherever located.
(b) Not more than 20 percent of the funds made available under
subsection (a) shall be made available to the States for State and
local payments of administrative costs associated with the distribution
of commodities by eligible recipient agencies under this section.
Administrative costs for the purposes of the commodity supplemental
food program shall include, but not be limited to, expenses for
information and referral, operation, monitoring, nutrition education,
start-up costs, and general administration, including staff, warehouse
and transportation personnel, insurance, and administration of the
State or local office.
(c)(1) During each fiscal year the commodity supplemental food
program is in operation, the types, varieties, and amounts of
commodities to be purchased under this section shall be determined by
the Secretary, but, if the Secretary proposes to make any significant
changes in the types, varieties, or amounts from those that were
available or were planned at the beginning of the fiscal year the
Secretary shall report such changes before implementation to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
(2) Notwithstanding any other provision of law, the Commodity
Credit Corporation shall, to the extent that the Commodity Credit
Corporation inventory levels permit, provide not less than 9,000,000
pounds of cheese and not less than 4,000,000 pounds of nonfat dry milk
in each of the fiscal years 1996 through 2000 to the Secretary. The
Secretary shall use such amounts of cheese and nonfat dry milk to carry
out the commodity supplemental food program before the end of each
fiscal year.
(d) The Secretary shall, in each fiscal year, approve applications
of additional sites for the program, including sites that serve only
elderly persons, in areas in which the program currently does not
operate, to the full extent that applications can be approved within
the appropriations available for the program for the fiscal year and
without reducing actual participation levels (including participation
of elderly persons under subsection (e)) in areas in which the program
is in effect.
(e) If a local agency that administers the commodity supplemental
food program determines that the amount of funds made available to the
agency to carry out this section exceeds the amount of funds necessary
to provide assistance under such program to women, infants, and
children, the agency, with the approval of the Secretary, may permit
low-income elderly persons (as defined by the Secretary) to participate
in and be served by such program.
(f)(1) If it is necessary for the Secretary to pay a significantly
higher than expected price for one or more types of commodities
purchased under this section, the Secretary shall promptly determine
whether the price is likely to cause the number of persons that can be
served in the program in a fiscal year to decline.
(2) If the Secretary determines that such a decline would occur,
the Secretary shall promptly notify the State agencies charged with
operating the program of the decline and shall ensure that a State
agency notify all local agencies operating the program in the State of
the decline.
(g) Commodities distributed to States pursuant to this section
shall not be considered in determining the commodity allocation to each
State under section 14515 or priority of distribution under section
14516.
SEC. 14521. COMMODITIES NOT INCOME.
Notwithstanding any other provision of law, commodities distributed
under this chapter shall not be considered income or resources for
purposes of determining recipient eligibility under any Federal, State,
or local means-tested program.
SEC. 14522. PROHIBITION AGAINST CERTAIN STATE CHARGES.
Whenever a commodity is made available without charge or credit
under this chapter by the Secretary for distribution within the States
to eligible recipient agencies, the State may not charge recipient
agencies any amount that is in excess of the State's direct costs of
storing, and transporting to recipient agencies the commodities minus
any amount the Secretary provides the State for the costs of storing
and transporting such commodities.
SEC. 14523. DEFINITIONS.
As used in this chapter:
(1) The term ``average monthly number of unemployed
persons'' means the average monthly number of unemployed
persons within a State in the most recent fiscal year for which
such information is available as determined by the Bureau of
Labor Statistics of the Department of Labor.
(2) The term ``elderly persons'' means individuals 60 years
of age or older.
(3) The term ``eligible recipient agency'' means a public
or nonprofit organization that administers--
(A) an institution providing commodities to
supplemental feeding programs serving women, infants,
and children or serving elderly persons, or serving
both groups;
(B) an emergency feeding organization;
(C) a charitable institution (including a hospital
and a retirement home, but excluding a penal
institution) to the extent that such institution serves
needy persons;
(D) a summer camp for children, or a child
nutrition program providing food service;
(E) a nutrition project operating under the Older
Americans Act of 1965, including such project that
operates a congregate nutrition site and a project that
provides home-delivered meals; or
(F) a disaster relief program; and that has been
designated by the appropriate State agency, or by the
Secretary, and approved by the Secretary for
participation in the program established under this
chapter.
(4) The term ``emergency feeding organization'' means a
public or nonprofit organization that administers activities
and projects (including the activities and projects of a
charitable institution, a food bank, a food pantry, a hunger
relief center, a soup kitchen, or a similar public or private
nonprofit eligible recipient agency) providing nutrition
assistance to relieve situations of emergency and distress
through the provision of food to needy persons, including low-
income and unemployed persons.
(5) The term ``food bank'' means a public and charitable
institution that maintains an established operation involving
the provision of food or edible commodities, or the products
thereof, to food pantries, soup kitchens, hunger relief centers, or
other food or feeding centers that, as an integral part of their normal
activities, provide meals or food to feed needy persons on a regular
basis.
(6) The term ``food pantry'' means a public or private
nonprofit organization that distributes food to low-income and
unemployed households, including food from sources other than
the Department of Agriculture, to relieve situations of
emergency and distress.
(7) The term ``needy persons'' means--
(A) individuals who have low incomes or who are
unemployed, as determined by the State (in no event
shall the income of such individual or household exceed
185 percent of the poverty line);
(B) households certified as eligible to participate
in the food stamp program under the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.); or
(C) individuals or households participating in any
other Federal, or Federally assisted, means-tested
program.
(8) The term ``poverty line'' has the same meaning given
such term in section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)).
(9) The term ``soup kitchen'' means a public and charitable
institution that, as integral part of its normal activities,
maintains an established feeding operation to provide food to
needy homeless persons on a regular basis.
SEC. 14524. REGULATIONS.
(a) The Secretary shall issue regulations within 120 days to
implement this chapter.
(b) In administering this chapter, the Secretary shall minimize, to
the maximum extent practicable, the regulatory, recordkeeping, and
paperwork requirements imposed on eligible recipient agencies.
(c) The Secretary shall as early as feasible but not later than the
beginning of each fiscal year, publish in the Federal Register a
nonbinding estimate of the types and quantities of commodities that the
Secretary anticipates are likely to be made available under the
commodity distribution program under this chapter during the fiscal
year.
(d) The regulations issued by the Secretary under this section
shall include provisions that set standards with respect to liability
for commodity losses for the commodities distributed under this chapter
in situations in which there is no evidence of negligence or fraud, and
conditions for payment to cover such losses. Such provisions shall take
into consideration the special needs and circumstances of eligible
recipient agencies.
SEC. 14525. FINALITY OF DETERMINATIONS.
Determinations made by the Secretary under this chapter and the
facts constituting the basis for any donation of commodities under this
chapter, or the amount thereof, when officially determined in
conformity with the applicable regulations prescribed by the Secretary,
shall be final and conclusive and shall not be reviewable by any other
officer or agency of the Government.
SEC. 14526. SALE OF COMMODITIES PROHIBITED.
Except as otherwise provided in section 14517, none of the
commodities distributed under this chapter shall be sold or otherwise
disposed of in commercial channels in any form.
SEC. 14527. SETTLEMENT AND ADJUSTMENT OF CLAIMS.
(a) The Secretary, or a designee of the Secretary, shall have the
authority to--
(1) determine the amount of, settle, and adjust any claim
arising under this chapter; and
(2) waive such a claim if the Secretary determines that to
do so will serve the purposes of this chapter.
(b) Nothing contained in this section shall be construed to
diminish the authority of the Attorney General of the United States
under section 516 of title 28, United States Code, to conduct
litigation on behalf of the United States.
SEC. 14528. REPEALERS; AMENDMENTS.
(a) The Emergency Food Assistance Act of 1983 (7 U.S.C. 612c note)
is repealed.
(b) Amendments.--
(1) The Hunger Prevention Act of 1988 (7 U.S.C. 612c note)
is amended--
(A) by striking section 110;
(B) by striking subtitle C of title II; and
(C) by striking section 502.
(2) The Commodity Distribution Reform Act and WIC
Amendments of 1987 (7 U.S.C. 612c note) is amended by striking
section 4.
(3) The Charitable Assistance and Food Bank Act of 1987 (7
U.S.C. 612c note) is amended by striking section 3.
(4) The Food Security Act of 1985 (7 U.S.C. 612c note) is
amended--
(A) by striking section 1571; and
(B) in section 1562(d), by striking ``section 4 of
the Agricultural and Consumer Protection Act of 1973''
and inserting ``section 110 of the Commodity
Distribution Act of 1995''.
(5) The Agricultural and Consumer Protection Act of 1973 (7
U.S.C. 612c note) is amended--
(A) in section 4(a), by striking ``institutions
(including hospitals and facilities caring for needy
infants and children), supplemental feeding programs
serving women, infants and children or elderly persons,
or both, wherever located, disaster areas, summer camps
for children'' and inserting ``disaster areas'';
(B) in subsection 4(c), by striking ``the Emergency
Food Assistance Act of 1983'' and inserting ``the
Commodity Distribution Act of 1995''; and
(C) by striking section 5.
(6) The Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 612c note) is amended by striking section
1773(f).
CHAPTER 2--CONSOLIDATING FOOD ASSISTANCE PROGRAMS
SEC. 14541. FOOD STAMP BLOCK GRANT PROGRAM.
(a) Authority To Make Block Grants.--The Secretary of Agriculture
shall make grants in accordance with this section to States to provide
food assistance to individuals who are economically disadvantaged and
to individuals who are members of economically disadvantaged families.
(b) Distribution of Funds.--The funds appropriated to carry out
this section for any fiscal year shall be allotted among the States as
follows:
(1) Of the aggregate amount to be distributed under this
section, .21 percent shall be reserved for grants to Guam, the
Virgin Islands of the United States, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
Palau.
(2) Of the aggregate amount to be distributed under this
section, .24 percent shall be reserved for grants to tribal
organizations that have governmental jurisdiction over
geographically defined areas and shall be allocated equitably
by the Secretary among such organizations.
(3) The remainder of such aggregate amount shall be
allocated among the remaining States. The amount allocated to
each of the remaining States shall bear the same proportion to
such remainder as the number of resident individuals in such
State who are economically disadvantaged separately or as
members of economically disadvantaged families bears to the
aggregate number of resident individuals in all such remaining
States who are economically disadvantaged separately or as
members of economically disadvantaged families.
(c) Eligibility To Receive Grants.--To be eligible to receive a
grant in the amount allotted to a State for a fiscal year, such State
shall submit to the Secretary an application in such form, and
containing such information and assurances, as the Secretary may
require by rule, including--
(1) an assurance that such grant will be expended by the
State to provide food assistance to resident individuals in
such State who are economically disadvantaged separately or as
members of economically disadvantaged families,
(2) an assurance that not more than 5 percent of such grant
will be expended by the State for administrative costs incurred
to provide assistance under this section, and
(3) an assurance that an individual who has not worked 32
hours in a calendar month shall be ineligible to received food
assistance under this chapter during the succeeding month
unless such individual is--
(A) disabled,
(B) has attained 60 years of age, or
(C) residing with one or more of such individual's
children who have not attained 18 years of age, but is
not residing with any other parent of any of such
children, unless that other parent is disabled.
(d) Annual Report.--Each State that receives funds appropriated to
carry out this section for a fiscal year shall submit the Secretary,
not later than May 1 following such fiscal year, a report--
(1) specifying the number of families who received food
assistance under this section provided by such State in such
fiscal year;
(2) specifying the number of individuals who received food
assistance under this section provided by such State in such
fiscal year;
(3) the amount of such funds expended in such fiscal year
by such State to provide food assistance; and
(4) the administrative costs incurred in such fiscal year
by such State to provide food assistance.
(e) Limitation.--No State or political subdivision of a State that
receives funds provided under this subtitle shall replace any employed
worker with an individual who is participating in a work program for
the purpose of complying with subsection (c)(3). Such an individual may
be placed in any position offered by the State or political subdivision
that--
(A) is a new position,
(B) is a position that became available in the normal
course of conducting the business of the State or political
subdivision,
(C) involves performing work that would otherwise be
performed on an overtime basis by a worker who is not an
individual participating in such program, or
(D) that is a position which became available by shifting a
current employee to an alternate position.
(f) Authorization of Appropriations.--(1) There are authorized to
be appropriated to carry out this section $26,245,000,000 for each of
the fiscal years 1996, 1997, 1998, 1999, and 2000.
(2) For the purpose of affording adequate notice of funding
available under this section, an appropriation to carry out this
section is authorized to be included in an appropriation Act for the
fiscal year preceding the fiscal year for which such appropriation is
available for obligation.
SEC. 14542. AVAILABILITY OF FEDERAL COUPON SYSTEM TO STATES.
(a) Issuance, Purchase, and Use of Coupons.--The Secretary shall
issue, and make available for purchase by States, coupons for the
retail purchase of food from retail food stores that are approved in
accordance with subsection (b). Coupons issued, purchased, and used as
provided in this section shall be redeemable at face value by the
Secretary through the facilities of the Treasury of the United States.
The purchase price of each coupon issued under this subsection shall be
the face value of such coupon.
(b) Approval of Retail Food Stores and Wholesale Food Concerns.--
(1) Regulations issued pursuant to this section shall provide for the
submission of applications for approval by retail food stores and
wholesale food concerns which desire to be authorized to accept and
redeem coupons under this section. In determining the qualifications of
applicants, there shall be considered among such other factors as may
be appropriate, the following:
(A) The nature and extent of the food business conducted by
the applicant.
(B) The volume of coupon business which may reasonably be
expected to be conducted by the applicant food store or
wholesale food concern.
(C) The business integrity and reputation of the applicant.
Approval of an applicant shall be evidenced by the issuance to such
applicant of a nontransferable certificate of approval. The Secretary
is authorized to issue regulations providing for a periodic
reauthorization of retail food stores and wholesale food concerns.
(2) A buyer or transferee (other than a bona fide buyer or
transferee) of a retail food store or wholesale food
concern that has been disqualified under subsection (d) may not accept
or redeem coupons until the Secretary receives full payment of any
penalty imposed on such store or concern.
(3) Regulations issued pursuant to this section shall require an
applicant retail food store or wholesale food concern to submit
information which will permit a determination to be made as to whether
such applicant qualifies, or continues to qualify, for approval under
this section or the regulations issued pursuant to this section.
Regulations issued pursuant to this section shall provide for
safeguards which limit the use or disclosure of information obtained
under the authority granted by this subsection to purposes directly
connected with administration and enforcement of this section or the
regulations issued pursuant to this section, except that such
information may be disclosed to and used by States that purchase such
coupons.
(4) Any retail food store or wholesale food concern which has
failed upon application to receive approval to participate in the
program under this sectionmay obtain a hearing on such refusal as
provided in subsection (f).
(c) Redemption of Coupons.--Regulations issued under this section
shall provide for the redemption of coupons accepted by retail food
stores through approved wholesale food concerns or through financial
institutions which are insured by the Federal Deposit Insurance
Corporation, or which are insured under the Federal Credit Union Act
(12 U.S.C. 1751 et seq.) and have retail food stores or wholesale food
concerns in their field of membership, with the cooperation of the
Treasury Department, except that retail food stores defined in section
14533(5)(D) shall be authorized to redeem their members' food coupons
prior to receipt by the members of the food so purchased, and publicly
operated community mental health centers or private nonprofit
organizations or institutions which serve meals to narcotics addicts or
alcoholics in drug addiction or alcoholic treatment and rehabilitation
programs, public and private nonprofit shelters that prepare and serve
meals for battered women and children, public or private nonprofit
group living arrangements that serve meals to disabled or blind
residents, and public or private nonprofit establishments, or public or
private nonprofit shelters that feed individuals who do not reside in
permanent dwellings and individuals who have no fixed mailing addresses
shall not be authorized to redeem coupons through financial
institutions which are insured by the Federal Deposit Insurance
Corporation or the Federal Credit Union Act. No financial institution
may impose on or collect from a retail food store a fee or other charge
for the redemption of coupons that are submitted to the financial
institution in a manner consistent with the requirements, other than
any requirements relating to cancellation of coupons, for the
presentation of coupons by financial institutions to the Federal
Reserve banks.
(d) Civil Money Penalties and Disqualification of Retail Food
Stores and Wholesale Food Concerns.--(1) Any approved retail food store
or wholesale food concern may be disqualified for a specified period of
time from further participation in the coupon program under this
section, or subjected to a civil money penalty of up to $10,000 for
each violation if the Secretary determines that its disqualification
would cause hardship to individuals who receive coupons, on a finding,
made as specified in the regulations, that such store or concern has
violated this section or the regulations issued pursuant to this
section.
(2) Disqualification under paragraph (1) shall be--
(A) for a reasonable period of time, of no less than 6
months nor more than 5 years, upon the first occasion of
disqualification,
(B) for a reasonable period of time, of no less than 12
months nor more than 10 years, upon the second occasion of
disqualification, and
(C) permanent upon--
(i) the third occasion of disqualification,
(ii) the first occasion or any subsequent occasion
of a disqualification based on the purchase of coupons
or trafficking in coupons by a retail food store or
wholesale food concern, except that the Secretary shall
have the discretion to impose a civil money penalty of
up to $20,000 for each violation (except that the
amount of civil money penalties imposed for violations
occurring during a single investigation may not exceed
$40,000) in lieu of disqualification under this
subparagraph, for such purchase of coupons or
trafficking in coupons that constitutes a violation of
this section or the regulations issued pursuant to this
section, if the Secretary determines that there is
substantial evidence (including evidence that neither
the ownership nor management of the store or food
concern was aware of, approved, benefited from, or was
involved in the conduct or approval of the violation)
that such store or food concern had an effective policy
and program in effect to prevent violations of this
section and such regulations, or
(iii) a finding of the sale of firearms,
ammunition, explosives, or controlled substance (as
defined in section 802 of title 21, United States Code)
for coupons, except that the Secretary shall have the
discretion to impose a civil money penalty of up to
$20,000 for each violation (except that the amount of
civil money penalties imposed for violations occurring
during a single investigation may not exceed $40,000)
in lieu of disqualification under this subparagraph if
the Secretary determines that there is substantial
evidence (including evidence that neither the ownership
nor management of the store or food concern was aware
of, approved, benefited from, or was involved in the
conduct or approval of the violation) that the store or
food concern had an effective policy and program in
effect to prevent violations of this section.
(3) The action of disqualification or the imposition of a civil
money penalty shall be subject to review as provided in subsection (f).
(4) As a condition of authorization to accept and redeem coupons
issued under subsection (a), the Secretary may require a retail food
store or wholesale food concern which has been disqualified or
subjected to a civil penalty
pursuant to paragraph (1) to furnish a bond to cover the value of
coupons which such store or concern may in the future accept and redeem
in violation of this section. The Secretary shall, by regulation,
prescribe the amount, terms, and conditions of such bond. If the
Secretary finds that such store or concern has accepted and redeemed
coupons in violation of this section after furnishing such bond, such
store or concern shall forfeit to the Secretary an amount of such bond
which is equal to the value of coupons accepted and redeemed by such
store or concern in violation of this section. Such store or concern
may obtain a hearing on such forfeiture pursuant to subsection (f).
(5)(A) In the event any retail food store or wholesale food concern
that has been disqualified under paragraph (1) is sold or the ownership
thereof is otherwise transferred to a purchaser or transferee, the
person or persons who sell or otherwise transfer ownership of the
retail food store or wholesale food concern shall be subjected to a
civil money penalty in an amount established by the Secretary through
regulations to reflect that portion of the disqualification period that
has not yet expired. If the retail food store or wholesale food concern
has been disqualified permanently, the civil money penalty shall be
double the penalty for a 10-year disqualification period, as calculated
under regulations issued by the Secretary. The disqualification period
imposed under paragraph (2) shall continue in effect as to the person
or persons who sell or otherwise transfer ownership of the retail food
store or wholesale food concern notwithstanding the imposition of a
civil money penalty under this paragraph.
(B) At any time after a civil money penalty imposed under
subparagraph (A) has become final under subsection (f)(1), the
Secretary may request the Attorney General of the United States to
institute a civil action against the person or persons subject to the
penalty in a district court of the United States for any district in
which such person or persons are found, reside, or transact business to
collect the penalty and such court shall have jurisdiction to hear and
decide such action. In such action, the validity and amount of such
penalty shall not be subject to review.
(C) The Secretary may impose a fine against any retail food store
or wholesale food concern that accepts coupons that are not accompanied
by the corresponding book cover, other than the denomination of coupons
used for making change as specified in regulations issued under this
section. The amount of any such fine shall be established by the
Secretary and may be assessed and collected separately in accordance
with regulations issued under this section or in combination with any
fiscal claim established by the Secretary. The Attorney General of the
United States may institute judicial action in any court of competent
jurisdiction against the store or concern to collect the fine.
(6) The Secretary may impose a fine against any person not approved
by the Secretary to accept and redeem coupons who violates this section
or a regulation issued under this section, including violations
concerning the acceptance of coupons. The amount of any such fine shall
be established by the Secretary and may be assessed and collected in
accordance with regulations issued under this section separately or in
combination with any fiscal claim established by the Secretary. The
Attorney General of the United States may institute judicial action in
any court of competent jurisdiction against the person to collect the
fine.
(e) Collection and Disposition of Claims.--The Secretary shall have
the power to determine the amount of and settle and adjust any claim
and to compromise or deny all or part of any such claim or claims
arising under this section or the regulations issued pursuant to this
section, including, but not limited to, claims arising from fraudulent
and nonfraudulent overissuances to recipients, including the power to
waive claims if the Secretary determines that to do so would serve the
purposes of this section. Such powers with respect to claims against
recipients may be delegated by the Secretary to State agencies.
(f) Administrative and Judicial Review.--(1) Whenever--
(A) an application of a retail food store or wholesale food
concern for approval to accept and redeem coupons issued under
subsection (a) is denied pursuant to this section,
(B) a retail food store or wholesale food concern is
disqualified or subjected to a civil money penalty under
subsection (d),
(C) all or part of any claim of a retail food store or
wholesale food concern is denied under subsection (e), or
(D) a claim against a State is stated pursuant to
subsection (e),
notice of such administrative action shall be issued to the retail food
store, wholesale food concern, or State involved. Such notice shall be
delivered by certified mail or personal service. If such store,
concern, or State is aggrieved by such action, it may, in accordance
with regulations promulgated under this section, within 10 days of the
date of delivery of such notice, file a written request for an
opportunity to submit information in support of its position to such
person or persons as the regulations may designate. If such a request
is not made or if such store, concern, or State fails to submit
information in support of its position after filing a request, the
administrative determination shall be final. If such request is made by
such store, concern, or State such information as may be submitted by
such store, concern, or State as well as such other information as may
be available, shall be reviewed by the person or persons designated by
the Secretary, who shall, subject to the right of judicial review
hereinafter provided, make a determination which shall be final and
which shall take effect 30 days after the date of the delivery or
service of such final notice of determination. If such store, concern,
or State feels aggrieved by such final determination, it may obtain
judicial review thereof by filing a complaint against the United States
in the United States court for the district in which it resides or is
engaged in business, or, in the case of a retail food store or
wholesale food concern, in any court of record of the State having
competent jurisdiction, within 30 days after the date of delivery or
service of the final notice of determination upon it, requesting the
court to set aside such determination. The copy of the summons and
complaint required to be delivered to the official or agency whose
order is being attacked shall be sent to the Secretary or such person
or persons as the Secretary may designate
to receive service of process. The suit in the United States district
court or State court shall be a trial de novo by the court in which the
court shall determine the validity of the questioned administrative
action in issue. If the court determines that such administrative
action is invalid, it shall enter such judgment or order as it
determines is in accordance with the law and the evidence. During the
pendency of such judicial review, or any appeal therefrom, the
administrative action under review shall be and remain in full force
and effect, unless on application to the court on not less than ten
days' notice, and after hearing thereon and a consideration by the
court of the applicant's likelihood of prevailing on the merits and of
irreparable injury, the court temporarily stays such administrative
action pending disposition of such trial or appeal.
(g) Violations and Enforcement.--(1) Subject to paragraph (2),
whoever knowingly uses, transfers, acquires, alters, or possesses
coupons in any manner contrary to this section or the regulations
issued pursuant to this section shall, if such coupons are of a value
of $5,000 or more, be guilty of a felony and shall be fined not more
than $250,000 or imprisoned for not more than 20 years, or both, and
shall, if such coupons are of a value of $100 or more, but less than
$5,000, be guilty of a felony and shall, upon the first conviction
thereof, be fined not more than $10,000 or imprisoned for not more than
5 years, or both, and, upon the second and any subsequent conviction
thereof, shall be imprisoned for not less than 6 months nor more than 5
years and may also be fined not more than $10,000 or, if such coupons
are of a value of less than $100, shall be guilty of a misdemeanor,
and, upon the first conviction thereof, shall be fined not more than
$1,000 or imprisoned for not more than one year, or both, and upon the
second and any subsequent conviction thereof, shall be imprisoned for
not more than one year and may also be fined not more than $1,000.
(2) In the case of any individual convicted of an offense under
paragraph (1), the court may permit such individual to perform work
approved by the court for the purpose of providing restitution for
losses incurred by the United States and the State as a result of the
offense for which such individual was convicted. If the court permits
such individual to perform such work and such individual agrees
thereto, the court shall withhold the imposition of the sentence on the
condition that such individual perform the assigned work. Upon the
successful completion of the assigned work the court may suspend such
sentence.
(3) Whoever presents, or causes to be presented, coupons for
payment or redemption of the value of $100 or more, knowing the same to
have been received, transferred, or used in any manner in violation of
this section or the regulations issued under this section, shall be
guilty of a felony and, upon the first conviction thereof, shall be
fined not more than $20,000 or imprisoned for not more than 5 years, or
both, and, upon the second and any subsequent conviction thereof, shall
be imprisoned for not less than one year nor more than 5 years and may
also be fined not more than $20,000, or, if such coupons are of a value
of less than $100, shall be guilty of a misdemeanor and, upon the first
conviction thereof, shall be fined not more than $1,000 or imprisoned
for not more than one year, or both, and, upon the second and any
subsequent conviction thereof, shall be imprisoned for not more than
one year and may also be fined not more than $1,000.
SEC. 14543. DEFINITIONS.
For purposes of this chapter--
(1) the term ``coupon'' means any coupon, stamp, or type of
certificate, but does not include currency,
(2) the term ``economically disadvantaged'' means an
individual or a family, as the case may be, whose income does
not exceed the most recent lower living standard income level
published by the Department of Labor,
(3) the term ``elderly or disabled individual'' means an
individual who--
(A) is 60 years of age or older,
(B)(i) receives supplemental security income
benefits under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.), or Federally or State
administered supplemental benefits of the type
described in section 212(a) of Public Law 93-66 (42
U.S.C. 1382 note), or
(ii) receives Federally or State administered
supplemental assistance of the type described in
section 1616(a) of the Social Security Act (42 U.S.C.
1382e(a)), interim assistance pending receipt of
supplemental security income, disability-related
medical assistance under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), or disability-
based State general assistance benefits, if the
Secretary determines that such benefits are conditioned
on meeting disability or blindness criteria at least as
stringent as those used under title XVI of the Social
Security Act,
(C) receives disability or blindness payments under
title I, II, X, XIV, or XVI of the Social Security Act
(42 U.S.C. 301 et seq.) or receives disability
retirement benefits from a governmental agency because
of a disability considered permanent under section
221(i) of the Social Security Act (42 U.S.C. 421(i)),
(D) is a veteran who--
(i) has a service-connected or non-service-
connected disability which is rated as total
under title 38, United States Code, or
(ii) is considered in need of regular aid
and attendance or permanently housebound under
such title,
(E) is a surviving spouse of a veteran and--
(i) is considered in need of regular aid
and attendance or permanently housebound under
title 38, United States Code, or
(ii) is entitled to compensation for a
service-connected death or pension benefits for
a non-service-connected death under title 38,
United States Code, and has a disability
considered permanent under section 221(i) of
the Social Security Act (42 U.S.C. 421(i)),
(F) is a child of a veteran and--
(i) is considered permanently incapable of
self-support under section 414 of title 38,
United States Code, or
(ii) is entitled to compensation for a
service-connected death or pension benefits for
a non-service-connected death under title 38,
United States Code, and has a disability
considered permanent under section 221(i) of
the Social Security Act (42 U.S.C. 421(i)), or
(G) is an individual receiving an annuity under
section 2(a)(1)(iv) or 2(a)(1)(v) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231a(a)(1)(iv) or
231a(a)(1)(v)), if the individual's service as an
employee under the Railroad Retirement Act of 1974,
after December 31, 1936, had been included in the term
``employment'' as defined in the Social Security Act
(42 U.S.C. 301 et seq.), and if an application for
disability benefits had been filed,
(4) the term ``food'' means, for purposes of section
14542(a) only--
(A) any food or food product for home consumption
except alcoholic beverages, tobacco, and hot foods or
hot food products ready for immediate consumption other
than those authorized pursuant to subparagraphs (C),
(D), (E), (G), (H), and (I),
(B) seeds and plants for use in gardens to produce
food for the personal consumption of the eligible
individuals,
(C) in the case of those persons who are 60 years
of age or over or who receive supplemental security
income benefits or disability or blindness payments
under title I, II, X, XIV, or XVI of the Social
Security Act (42 U.S.C. 301 et seq.), and their
spouses, meals prepared by and served in senior
citizens' centers, apartment buildings occupied
primarily by such persons, public or private nonprofit
establishments (eating or otherwise) that feed such
persons, private establishments that contract with the
appropriate agency of the State to offer meals for such
persons at concessional prices, and meals prepared for
and served to residents of federally subsidized housing
for the elderly,
(D) in the case of persons 60 years of age or over
and persons who are physically or mentally handicapped
or otherwise so disabled that they are unable
adequately to prepare all of their meals, meals
prepared for and delivered to them (and their spouses)
at their home by a public or private nonprofit
organization or by a private establishment that
contracts with the appropriate State agency to perform
such services at concessional prices,
(E) in the case of narcotics addicts or alcoholics,
and their children, served by drug addiction or
alcoholic treatment and rehabilitation programs, meals
prepared and served under such programs,
(F) in the case of eligible individuals living in
Alaska, equipment for procuring food by hunting and
fishing, such as nets, hooks, rods, harpoons, and
knives (but not equipment for purposes of
transportation, clothing, or shelter, and not firearms,
ammunition, and explosives) if the Secretary determines
that such individuals are located in an area of the
State where it is extremely difficult to reach stores
selling food and that such individuals depend to a
substantial extent upon hunting and fishing for
subsistence,
(G) in the case of disabled or blind recipients of
benefits under title I, II, X, XIV, or XVI of the
Social Security Act (42 U.S.C. 301 et seq.), or are
individuals described in subparagraphs (B) through (G)
of paragraph (4), who are residents in a public or
private nonprofit group living arrangement that serves
no more than 16 residents and is certified by the
appropriate State agency or agencies under regulations
issued under section 1616(e) of the Social Security Act
(42 U.S.C. 1382e(e)) or under standards determined by
the Secretary to be comparable to standards implemented
by appropriate State agencies under such section, meals
prepared and served under such arrangement,
(H) in the case of women and children temporarily
residing in public or private nonprofit shelters for
battered women and children, meals prepared and served,
by such shelters, and
(I) in the case of individuals that do not reside
in permanent dwellings and individuals that have no
fixed mailing addresses, meals prepared for and served
by a public or private nonprofit establishment
(approved by an appropriate State or local agency) that
feeds such individuals and by private establishments
that contract with the appropriate agency of the State
to offer meals for such individuals at concessional
prices,
(5) the term ``retail food store'' means--
(A) an establishment or recognized department
thereof or house-to-house trade route, over 50 percent
of whose food sales volume, as determined by visual
inspection, sales records, purchase records, or other
inventory or accounting recordkeeping methods that are
customary or reasonable in the retail food industry,
consists of staple food items for home preparation and
consumption, such as meat, poultry, fish, bread,
cereals, vegetables, fruits, dairy products, and the
like, but not including accessory food items, such as
coffee, tea, cocoa, carbonated and uncarbonated drinks,
candy, condiments, and spices,
(B) an establishment, organization, program, or
group living arrangement referred to in subparagraph
(C), (D), (E), (G), (H), or (I) of paragraph (5),
(C) a store purveying the hunting and fishing
equipment described in paragraph (5)(F), or
(D) any private nonprofit cooperative food
purchasing venture, including those in which the
members pay for food purchased prior to the receipt of
such food,
(6) the term ``school'' means an elementary, intermediate,
or secondary school,
(7) the term ``Secretary'' means the Secretary of
Agriculture,
(8) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the Virgin Islands of the United States, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia,
Palau, or a tribal organization that exercises governmental
jurisdiction over a geographically defined area, and
(9) the term ``tribal organization'' has the meaning given
it in section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(l)).
SEC. 14544. REPEALER.
The Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) is repealed.
CHAPTER 3--EFFECTIVE DATES AND MISCELLANEOUS PROVISIONS
SEC. 14591. EFFECTIVE DATE; APPLICATION OF REPEALER.
(a) Effective Dates.--
(1) General effective date of subtitle a.--Subtitle A shall
take effect on October 1, 1995.
(2) General effective date of subtitle a/b.--Except as
provided in subsection (b), subtitle B and the repeal made by
section 14544 shall take effect on the date of the enactment of
this title.
(3) Special effective date.--The repeal made by section
14544 shall not take effect until the first day of the first
fiscal year for which funds are appropriated more than 180 days
in advance of such fiscal year to carry out section 14541.
(b) Application of Repealer.--The repeal made by section 14544
shall not apply with respect to--
(1) powers, duties, functions, rights, claims, penalties,
or obligations applicable to financial assistance provided
under the Food Stamp Act of 1977 before the effective date of
such repeal, and
(2) administrative actions and proceedings commenced before
such date, or authorized before such date to be commenced,
under such Act.
SEC. 14592. SENSE OF THE CONGRESS.
It is the sense of the Congress that States that operate electronic
benefit systems to transfer benefits provided under the Food Stamp Act
of 1977 should operate electronic benefit systems that are compatible
with each other.
SEC. 14593. DEFICIT REDUCTION.
It is the sense of the Committee on Agriculture of the House of
Representatives that reductions in outlays resulting from subtitle B
shall not be taken into account for purposes of section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Subtitle F--Supplemental Security Income
SEC. 14601. DENIAL OF SUPPLEMENTAL SECURITY INCOME BENEFITS BY REASON
OF DISABILITY TO DRUG ADDICTS AND ALCOHOLICS.
(a) In General.--Section 1614(a)(3) of the Social Security Act (42
U.S.C. 1382c(a)(3)) is amended by adding at the end the following:
``(I) Notwithstanding subparagraph (A), an individual shall not be
considered to be disabled for purposes of this title if alcoholism or
drug addiction would (but for this subparagraph) be a contributing
factor material to the Commissioner's determination that the individual
is disabled.''.
(b) Conforming Amendments.--
(1) Section 1611(e) of such Act (42 U.S.C. 1382(e)) is
amended by striking paragraph (3).
(2) Section 1631(a)(2)(A)(ii) of such Act (42 U.S.C.
1383(a)(2)(A)(ii)) is amended--
(A) by striking ``(I)''; and
(B) by striking subclause (II).
(3) Section 1631(a)(2)(B) of such Act (42 U.S.C.
1383(a)(2)(B)) is amended--
(A) by striking clause (vii);
(B) in clause (viii), by striking ``(ix)'' and
inserting ``(viii)'';
(C) in clause (ix)--
(i) by striking ``(viii)'' and inserting
``(vii)''; and
(ii) in subclause (II), by striking all
that follows ``15 years'' and inserting a
period;
(D) in clause (xiii)--
(i) by striking ``(xii)'' and inserting
``(xi)''; and
(ii) by striking ``(xi)'' and inserting
``(x)''; and
(E) by redesignating clauses (viii) through (xiii)
as clauses (vii) through (xii), respectively.
(4) Section 1631(a)(2)(D)(i)(II) of such Act (42 U.S.C.
1383(a)(2)(D)(i)(II)) is amended by striking all that follows
``$25.00 per month'' and inserting a period.
(5) Section 1634 of such Act (42 U.S.C. 1383c) is amended
by striking subsection (e).
(6) Section 201(c)(1) of the Social Security Independence
and Program Improvements Act of 1994 (42 U.S.C. 425 note) is
amended--
(A) by striking ``--'' and all that follows through
``(A)'' the 1st place such term appears;
(B) by striking ``and'' the 3rd place such term
appears;
(C) by striking subparagraph (B);
(D) by striking ``either subparagraph (A) or
subparagraph (B)'' and inserting ``the preceding
sentence''; and
(E) by striking ``subparagraph (A) or (B)'' and
inserting ``the preceding sentence''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1995, and shall apply with respect to months
beginning on or after such date.
(d) Funding of Certain Programs for Drug Addicts and Alcoholics.--
(1) In general.--Out of any money in the Treasury not
otherwise appropriated, there are hereby appropriated--
(A) for carrying out section 1971 of the Public
Health Service Act (as amended by paragraph (2) of this
subsection), $95,000,000 for each of the fiscal years
1997 through 2000; and
(B) for carrying out the medication development
project to improve drug abuse and drug treatment
research (administered through the National Institute
on Drug Abuse), $5,000,000 for each of the fiscal years
1997 through 2000.
(2) Capacity expansion program regarding drug abuse
treatment.--Section 1971 of the Public Health Service Act (42
U.S.C. 300y) is amended--
(A) in subsection (a)(1), by adding at the end the
following sentence: ``This paragraph is subject to
subsection (j).'';
(B) by redesignating subsection (j) as subsection
(k);
(C) in subsection (j) (as so redesignated), by
inserting before the period the following: ``and for
each of the fiscal years 1995 through 2000''; and
(D) by inserting after subsection (i) the following
subsection:
``(j) Formula Grants for Certain Fiscal Years.--
``(1) In general.--For each of the fiscal years 1997
through 2000, the Director shall, for the purpose described in
subsection (a)(1), make a grant to each State that submits to
the Director an application in accordance with paragraph (2).
Such a grant for a State shall consist of the allotment
determined for the State under paragraph (3). For each of the
fiscal years 1997 through 2000, grants under this paragraph
shall be the exclusive grants under this section.
``(2) Requirements.--The Director may make a grant under
paragraph (1) only if, by the date specified by the Director,
the State submits to the Director an application for the grant
that is in such form, is made in such manner, and contain such
agreements, assurances, and information as the Director
determines to be necessary to carry out this subsection, and if
the application contains an agreement by the State in
accordance with the following:
``(A) The State will expend the grant in accordance
with the priority described in subsection (b)(1).
``(B) The State will comply with the conditions
described in each of subsections (c), (d), (g), and
(h).
``(3) Allotment.--
``(A) For purposes of paragraph (1), the allotment
under this paragraph for a State for a fiscal year
shall, except as provided in subparagraph (B), be the
product of--
``(i) the amount appropriated in section
14601(d)(1)(A) of the Personal Responsibility
Act of 1995 for the fiscal year, together with
any additional amounts appropriated to carry
out this section for the fiscal year; and
``(ii) the percentage determined for the
State under the formula established in section
1933(a).
``(B) Subsections (b) through (d) of section 1933
apply to an allotment under subparagraph (A) to the
same extent and in the same manner as such subsections
apply to an allotment under subsection (a) of section
1933.''.
SEC. 14602. SUPPLEMENTAL SECURITY INCOME BENEFITS FOR DISABLED
CHILDREN.
(a) Restrictions on Eligibility for Cash Benefits.--
(1) In general.--Section 1614(a)(3)(A) of the Social
Security Act (42 U.S.C. 1382c(a)(3)(A)) is amended--
(A) by inserting ``(i)'' after ``(3)(A)'';
(B) by inserting ``who has attained 18 years of
age'' before ``shall be considered'';
(C) by striking ``he'' and inserting ``the
individual'';
(D) by striking ``(or, in the case of an individual
under the age of 18, if he suffers from any medically
determinable physical or mental impairment impairment
of comparable severity)''; and
(E) by adding after and below the end the
following:
``(ii) An individual who has not attained 18 years of age shall be
considered to be disabled for purposes of this title for a month if the
individual--
``(I) meets all non-disability-related requirements for
eligibility for cash benefits under this title;
``(II) has any medically determinable physical or mental
impairment (or combination of impairments) that meets the
requirements, applicable to individuals who have not attained
18 years of age, of the Listings of Impairments set forth in
appendix 1 of subpart P of part 404 of title 20, Code of
Federal Regulations (revised as of April 1, 1994), or that is
equivalent in severity to such an impairment (or such a
combination of impairments); and
``(III)(aa) for the month preceding the first month for
which this clause takes effect, was eligible for cash benefits
under this title by reason of disability; or
``(bb) as a result of the impairment (or combination of
impairments) involved--
``(1) is in a hospital, skilled nursing facility,
nursing facility, residential treatment facility,
intermediate care facility for the mentally retarded,
or other medical institution; or
``(2) would be required to be placed in such an
institution if the individual were not receiving
personal assistance necessitated by the impairment (or
impairments).
``(iii) As used in clause (ii)(III)(bb)(2), the term `personal
assistance' includes at least hands-on or stand-by assistance,
supervision, or cueing, with activities of daily living and the
administration of medical treatment (where applicable). For purposes of
the preceding sentence, the term `acitivities of daily living' means
eating, toileting, dressing, bathing, and transferring.''.
(2) Notice.--Within 1 month after the date of the enactment
of this Act, the Commissioner of Social Security shall notify
each individual whose eligibility for cash supplemental
security income benefits
under title XVI of the Social Security Act will terminate by
reason of the amendments made by paragraph (1) of such termination.
(3) Annual reports on listings of impairments.--The
Commissioner of Social Security shall annually submit to the
Congress a report on the Listings of Impairments set forth in
appendix 1 of subpart P of part 404 of title 20, Code of
Federal Regulations (revised as of April 1, 1994), that are
applicable to individuals who have not attained 18 years of
age, and recommend any necessary revisions to the listings.
(b) Establishment of Program of Block Grants Regarding Children
With Disabilities.--
(1) In general.--Title XVI of the Social Security Act (42
U.S.C. 1381 et seq.) is amended by adding at the end the
following:
``PART C--BLOCK GRANTS TO STATES FOR CHILDREN WITH DISABILITIES
``SEC. 1641. ENTITLEMENT TO GRANTS.
``Each State that meets the requirements of section 1642 for fiscal
year 1997 or any subsequent fiscal year shall be entitled to receive
from the Commissioner for the fiscal year a grant in an amount equal to
the allotment (as defined in section 1646(1)) of the State for the
fiscal year.
``SEC. 1642. REQUIREMENTS.
``(a) In General.--A State meets the requirements of this section
for a grant under section 1641 for a fiscal year if by the date
specified by the Commissioner, the State submits to the Commissioner an
application for the grant that is in such form, is made in such manner,
and contain such agreements, assurances, and information as the
Commissioner determines to be necessary to carry out this part, and if
the application contains an agreement by the State in accordance with
the following:
``(1) The grant will not be expended for any purpose other
than providing authorized services (as defined in section
1646(2)) to qualifying children (as defined in section
1646(3)).
``(2)(A) In providing authorized services, the State will
make every reasonable effort to obtain payment for the services
from other Federal or State programs that provide payment for
such services and from private entities that are legally liable
to make the payments pursuant to insurance policies, prepaid
plans, or other arrangements.
``(B) The State will expend the grant only to the extent
that payments from the programs and entities described in
subparagraph (A) are not available for authorized services
provided by the State.
``(3) The State will comply with the condition described in
subsection (b).
``(4) The State will comply with the condition described in
subsection (c).
``(b) Maintenance of Effort.--
``(1) In general.--The condition referred to in subsection
(a)(3) for a State for a fiscal year is that, with respect to
the purposes described in paragraph (2), the State will
maintain expenditures of non-Federal amounts for such purposes
at a level that is not less than the following, as applicable:
``(A) For the first fiscal year for which the State
receives a grant under section 1641, an amount equal to
the difference between--
``(i) the average level of such
expenditures maintained by the State for the 2-
year period preceding October 1, 1995 (except
that, if such first fiscal year is other than
fiscal year 1997, the amount of such average
level shall be increased to the extent
necessary to offset the effect of inflation
occurring after October 1, 1995); and
``(ii) the aggregate of non-Federal
expenditures made by the State for such 2-year
period pursuant to section 1618 (as such
section was in effect for such period).
``(B) For each subsequent fiscal year, the amount
applicable under subparagraph (A) increased to the
extent necessary to offset the effect of inflation
occurring after the beginning of the fiscal year to
which such subparagraph applies.
``(2) Relevant purposes.--The purposes described in this
paragraph are any purposes designed to meet (or assist in
meeting) the unique needs of qualifying children that arise
from physical and mental impairments, including such purposes
that are authorized to be carried out under title XIX.
``(3) Rule of construction.--With respect to compliance
with the agreement made by a State pursuant to paragraph (1),
the State has discretion to select, from among the purposes
described in paragraph (2), the purposes for which the State
expends the non-Federal amounts reserved by the State for such
compliance.
``(4) Use of consumer price index.--Determinations under
paragraph (1) of the extent of inflation shall be made through
use of the consumer price index for all urban consumers, U.S.
city average, published by the Bureau of Labor Statistics.
``(c) Assessment of Need for Services.--The condition referred to
in subsection (a)(4) for a State for a fiscal year is that each
qualifying child will be permitted to apply for authorized services,
and will be provided with an opportunity to have an assessment
conducted to determine the need of such child for authorized services.
``SEC. 1643. AUTHORITY OF STATE.
``The following decisions are in the discretion of a State with
respect to compliance with an agreement made by the State under section
1642(a)(1):
``(1) Decisions regarding which of the authorized services
are provided.
``(2) Decisions regarding who among qualifying children in
the State receives the services.
``(3) Decisions regarding the number of services provided
for the qualifying child involved and the duration of the
services.
``SEC. 1644. AUTHORIZED SERVICES.
``(a) Authority of Commissioner.--The Commissioner, subject to
subsection (b), shall issue regulations designating the purposes for
which grants under section 1641 are authorized to be expended by the
States.
``(b) Requirements Regarding Services.--The Commissioner shall
ensure that the purposes authorized under subsection (a)--
``(1) are designed to meet (or assist in meeting) the
unique needs of qualifying children that arise from physical
and mental impairments;
``(2) include medical and nonmedical services; and
``(3) do not include the provision of cash benefits.
``SEC. 1645. GENERAL PROVISIONS.
``(a) Issuance of Regulations.--Regulations under this part shall
be issued in accordance with procedures established for the issuance of
substantive rules under section 553 of title 5, United States Code.
Payments under grants under section 1641 for fiscal year 1997 shall
begin not later than January 1, 1997, without regard to whether final
rules under this part have been issued and without regard to whether
such rules have taken effect.
``(b) Provisions Regarding Other Programs.--
``(1) Inapplicability of value of services.--The value of
authorized services provided under this part shall not be taken
into account in determining eligibility for, or the amount of,
benefits or services under any Federal or federally-assisted
program.
``(2) Medicaid program.--For purposes of title XIX, each
qualifying child shall be considered to be a recipient of
supplemental security income benefits under this title (without
regard to whether the child has received authorized services
under this part and without regard to whether the State
involved is receiving a grant under section 1641). The
preceding sentence applies on and after the date of the
enactment of this part.
``(c) Use by States of Existing Delivery Systems.--With respect to
the systems utilized by the States to deliver services to individuals
with disabilities (including systems utilized before the date of the
enactment of the Personal Responsibility Act of 1995), it is the sense
of the Congress that the States should utilize such systems in
providing authorized services under this part.
``(d) Required Participation of States.--Subparagraphs (C)(i) and
(E)(i)(I) of section 205(c)(2) shall not apply to a State that does not
participate in the program established in this part for fiscal year
1997 or any succeeding fiscal year.
``SEC. 1646. DEFINITIONS.
``As used in this part:
``(1) Allotment.--The term `allotment' means, with respect
to a State and a fiscal year, the product of--
``(A) an amount equal to the difference between--
``(i) the number of qualifying children in
the State (as determined for the most recent
12-month period for which data are available to
the Commissioner); and
``(ii) the number of qualifying children in
the State receiving cash benefits under this
title by reason of disability (as so
determined); and
``(B) an amount equal to 75 percent of the mean
average of the respective annual totals of cash
benefits paid under this title to each qualifying child
described in subparagraph (A)(ii) (as so determined).
``(2) Authorized service.--The term `authorized service'
means each purpose authorized by the Commissioner under section
1644(a).
``(3) Qualifying child.--
``(A) In general.--The term `qualifying child'
means an individual who--
``(i) has not attained 18 years of age; and
``(ii)(I) is eligible for cash benefits
under this title by reason of disability; or
``(II) meets the conditions described in
subclauses (I) and (II) of section
1614(a)(3)(A)(ii), but (by reason of subclause
(III) of such section) is not eligible for such
cash benefits.
``(B) Responsibilities of commissioner.--The
Commissioner shall provide for determinations of
whether individuals meet the criteria established in
subparagraph (A) for status as qualifying children.
Such determinations shall be made in accordance with
the provisions otherwise applicable under this title
with respect to such criteria.''.
(2) Rule regarding certain military parents; cash benefits
for qualifying children.--Section 1614(a)(1)(B)(ii) of the
Social Security Act (42 U.S.C. 1382c(a)(1)(B)(ii)) is amended
by striking ``United States, and who, for the month'' and all
that follows and inserting the following: ``United States,
and--
``(I) who, for the month before the parent reported for
such assignment, received a cash benefit under this title by
reason of blindness, or
``(II) for whom, for such month, a determination was in
effect that the child is a qualifying child under section
1646(3).''.
(c) Provisions Relating to SSI Cash Benefits and SSI Service
Benefits.--
(1) Continuing disability reviews for certain children.--
Section 1614(a)(3)(G) of such Act (42 U.S.C. 1382c(a)(3)(G)) is
amended--
(A) by inserting ``(i)'' after ``(G)''; and
(B) by adding at the end the following:
``(ii)(I) Not less frequently than once every 3 years, the
Commissioner shall redetermine the eligibility for cash benefits under
this title and for services under part C--
``(aa) of each individual who has not attained 18 years of
age and is eligible for such cash benefits by reason of
disability; and
``(bb) of each qualifying child (as defined in section
1646(3)).
``(II) Subclause (I) shall not apply to an individual if the
individual has an impairment (or combination of impairments) which is
(or are) not expected to improve.''.
(2) Disability review required for low birth weight babies
who have received ssi benefits for 12 months.--Section
1614(a)(3)(G) of such Act (42 U.S.C. 1382c(a)(3)(G)), as
amended by paragraph (1) of this subsection, is amended by
adding at the end the following:
``(iii)(I) The Commissioner shall redetermine the eligibility for--
``(aa) cash benefits under this title by reason of
disability of an individual whose low birth weight is a
contributing factor material to the Commissioner's
determination that the individual is disabled; and
``(bb) services under part C of an individual who is
eligible for such services by reason of low birth weight.
``(II) The redetermination required by subclause (I) shall be
conducted once the individual has received such benefits for 12 months.
``(III) A redetermination under subclause (I) of this clause shall
be considered a substitute for a review required under any other
provision of this subparagraph.''.
(3) Applicability of medicaid rules regarding counting of
certain assets and trusts of children.--Section 1613(c) of the
Social Security Act (42 U.S.C. 1382b(c)) is amended to read as
follows:
``treatment of certain assets and trusts in eligibility determinations
for children
``(c) Subsections (c) and (d) of section 1917 shall apply to
determinations of eligibility for benefits under this title in the case
of an individual who has not attained 18 years of age in the same
manner as such subsections apply to determinations of eligibility for
medical assistance under a State plan under title XIX, except that--
``(1) the amount described in section 1917(c)(1)(E)(i)(II)
shall be the amount of cash benefits payable under this title
to an eligible individual who does not have an eligible spouse
and who has no income or resources;
``(2) the look-back date specified in section 1917(c)(1)(B)
shall be the date that is 36 months before the date the
individual has applied for benefits under this title; and
``(3) any assets in a trust over which the individual has
control shall be considered assets of the individual.''.
(d) Conforming Amendments.--
(1) Subsections (b)(1), (b)(2), (c)(3), (c)(5), and
(e)(1)(B) of section 1611 of the Social Security Act (42 U.S.C.
1382 (b)(1), (b)(2), (c)(3), (c)(5), and (e)(1)(B)) are each
amended by inserting ``cash'' before ``benefit under this
title''.
(2) Section 1611(c)(1) of such Act (42 U.S.C. 1382(c)(1))
is amended--
(A) by striking ``a benefit'' and inserting
``benefits'';
(B) by striking ``such benefit'' and inserting
``the cash benefit under this title''; and
(C) by striking ``and the amount of such benefits''
and inserting ``benefits under this title and the
amount of any cash benefit under this title''.
(3) Section 1611(c)(2) of such Act (42 U.S.C. 1382(c)(2))
is amended--
(A) by striking ``such benefit'' and inserting
``the cash benefit'';
(B) by inserting ``cash'' before ``benefits'' each
place such term appears; and
(C) in subpargraph (B), by inserting ``cash''
before ``benefit''.
(4) Section 1611(c)(3) of such Act (42 U.S.C. 1382(c)(3))
is amended by inserting ``cash'' before ``benefits under this
title''.
(5) Section 1611(e)(1)(G) of such Act (42 U.S.C.
1382(e)(1)(G)) is amended by inserting ``cash'' before
``benefit of''.
(6) Section 1614(a)(4) of such Act (42 U.S.C. 1382c(a)(4))
is amended by inserting ``or impairment'' after ``disability''
each place such term appears.
(7) Section 1614(f)(1) of such Act (42 U.S.C. 1382c(f)(1))
is amended by striking ``and the amount of benefits'' and
inserting ``benefits under this title and the amount of any
cash benefit under this title''.
(8) Section 1614(f)(2)(A) of such Act (42 U.S.C.
1382c(f)(2)(A)) is amended by striking ``and the amount of
benefits'' and inserting ``benefits under this title and the
amount of any cash benefit''.
(9) Section 1614(f)(3) of such Act (42 U.S.C. 1382c(f)(3))
is amended by striking ``and the amount of benefits'' and
inserting ``benefits under this title and the amount of any
cash benefit under this title''.
(10) Section 1616(e)(1) of such Act (42 U.S.C. 1382e(e)(1))
is amended by inserting ``cash'' before ``supplemental''.
(11) Section 1621(a) of such Act (42 U.S.C. 1382j(a)) is
amended by striking ``and the amount of benefits'' and
inserting ``benefits under this title and the amount of any
cash benefit under this title''.
(12) Section 1631(a)(4) of such Act (42 U.S.C. 1383(a)(4))
is amended by inserting ``cash'' before ``benefits'' the 1st
place such term appears in each of subparagraphs (A) and (B).
(13) Section 1631(a)(7)(A) of such Act (42 U.S.C.
1383(a)(7)(A)) is amended by inserting ``cash'' before
``benefits based''.
(14) Section 1631(a)(8)(A) of such Act (42 U.S.C.
1383(a)(8)(A)) is amended by striking ``benefits based on
disability or blindness under this title'' and inserting
``benefits under this title (other than by reason of age)''.
(15) Section 1631(c) of such Act (42 U.S.C. 1383(c)) is
amended--
(A) by striking ``payment'' each place such term
appears and inserting ``benefits''; and
(B) by striking ``payments'' each place such term
appears and inserting ``benefits''.
(16) Section 1631(e) of such Act (42 U.S.C. 1383(e)) is
amended--
(A) in paragraph (1)(B), by striking ``amounts of
such benefits'' and inserting ``amounts of cash
benefits under this title'';
(B) in paragraph (2), by inserting ``cash'' before
``benefits'' each place such term appears;
(C) by redesignating the 2nd paragraph (6) and
paragraph (7) as paragraphs (7) and (8), respectively;
and
(D) in paragraph (7) (as so redesignated), by
inserting ``cash'' before ``benefits'' each place such
term appears.
(17) Section 1631(g)(2) of such Act (42 U.S.C. 1383(g)(2))
is amended by striking ``supplemental security income'' and
inserting ``cash''.
(18) Section 1635(a) of such Act (42 U.S.C. 1383d(a)) is
amended by striking ``by reason of disability or blindness''.
(e) Temporary Eligibility for Cash Benefits for Poor Disabled
Children Residing in States Applying Alternative Income Eligibility
Standards Under Medicaid.--
(1) In general.--For the period beginning upon the 1st day
of the 1st month that begins 90 or more days after the date of
the enactment of this Act and ending upon the close of fiscal
year 1996, an individual described in paragraph (2) shall be
considered to be eligible for cash benefits under title XVI of
the Social Security Act, by reason of disability
notwithstanding that the individual does not meet any of the
conditions described in section 1614(a)(3)(A)(ii)(III) of such
Act.
(2) Requirements.--For purposes of paragraph (1), an
individual described in this paragraph is an individual who--
(A) has not attained 18 years of age;
(B) meets the conditions described in subclauses
(I) and (II) of section 1614(a)(3)(A)(ii) of the Social
Security Act;
(C) resides in a State that, pursuant to section
1902(f) of such Act, restricts eligibility for medical
assistance under title XIX of such Act with respect to
aged, blind, and disabled individuals; and
(D) is not eligible for medical assistance under
the State plan under such title XIX.
(f) Reduction in Cash Benefits Payable to Institutionalized
Children Whose Medical Costs Are Covered by Private Insurance.--Section
1611(e)(1)(B) of the Social Security Act (42 U.S.C. 1382(e)(1)(B)) is
amended by inserting ``or under any health insurance policy issued by a
private provider of such insurance'' after ``title XIX''.
(g) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a)(1), (c), (d) and (f), and
section 1645(b)(2) of the Social Security Act (as added by the
amendment made by subsection (b) of this section), shall apply
to benefits for months beginning 90 or more days after the date
of the enactment of this Act, without regard to whether
regulations have been issued to implement such amendments.
(2) Delayed applicability to current ssi recipients of
eligibility restrictions.--The amendments made by subsection
(a)(1) shall not apply, during the first 6 months that begin
after the month in which this Act becomes law, to an individual
who is a recipient of cash supplemental security income
benefits under title XVI of the Social Security Act for the
month in which this Act becomes law.
(h) Regulations.--Within 3 months after the date of the enactment
of this Act--
(1) the Commissioner of Social Security shall prescribe
such regulations as may be necessary to implement the
amendments made by subsections (a)(1), (c), (d), and (f) and to
implement subsection (e); and
(2) the Secretary of Health and Human Services shall
prescribe such regulations as may be necessary to implement
section 1645(b)(2) of the Social Security Act, as added by the
amendment made by subsection (b) of this section.
SEC. 14603. EXAMINATION OF MENTAL LISTINGS USED TO DETERMINE
ELIGIBILITY OF CHILDREN FOR SSI BENEFITS BY REASON OF
DISABILITY.
Section 202(e)(2) of the Social Security Independence and Program
Improvements Act of 1994 (42 U.S.C. 1382 note) is amended--
(1) by striking ``and'' at the end of subparagraph (F); and
(2) by redesignating subparagraph (G) as subparagraph (H)
and inserting after subparagraph (F) the following:
``(G) whether the criteria in the mental disorders listings
in the Listings of Impairments set forth in appendix 1 of
subpart P of part 404 of title 20, Code of Federal Regulations,
are appropriate to ensure that eligibility of individuals who
have not attained 18 years of age for cash benefits under the
supplemental security income program by reason of disability is
limited to those who have serious disabilities and for whom
such benefits are necessary to improve their condition or
quality of life; and''.
SEC. 14604. LIMITATION ON PAYMENTS TO PUERTO RICO, THE VIRGIN ISLANDS,
AND GUAM UNDER PROGRAMS OF AID TO THE AGED, BLIND, OR
DISABLED.
Section 1108 of the Social Security Act (42 U.S.C. 1308), as
amended by section 14104(e)(1) of this Act, is amended by inserting
before ``The total'' the following:
``(a) Programs of Aid to the Aged, Blind, or Disabled.--The total
amount certified by the Secretary of Health and Human Services under
titles I, X, XIV, and XVI (as in effect without regard to the amendment
made by section 301 of the Social Security Amendments of 1972)--
``(1) for payment to Puerto Rico shall not exceed
$18,053,940;
``(2) for payment to the Virgin Islands shall not exceed
$473,659; and
``(3) for payment to Guam shall not exceed $900,718.
``(b) Medicaid Programs.--''.
SEC. 14605. REPEAL OF MAINTENANCE OF EFFORT REQUIREMENTS APPLICABLE TO
OPTIONAL STATE PROGRAMS FOR SUPPLEMENTATION OF SSI
BENEFITS.
Section 1618 of the Social Security Act (42 U.S.C. 1382g) is hereby
repealed.
SEC. 14606. DENIAL OF SSI BENEFITS FOR 10 YEARS TO INDIVIDUALS FOUND TO
HAVE FRAUDULENTLY MISREPRESENTED RESIDENCE IN ORDER TO
OBTAIN BENEFITS SIMULTANEOUSLY IN 2 OR MORE STATES.
Section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) is
amended by adding at the end the following:
``(5) An individual shall not be considered an eligible individual
for purposes of this title during the 10-year period beginning on the
date the individual is found by a State to have made, or is convicted
in Federal or State court of having made, a fraudulent statement or
representation with respect to the place of residence of the individual
in order to receive benefits simultaneously from 2 or more States under
programs that are funded under part A of title IV, title XIX, the
consolidated program of food assistance under chapter 2 of subtitle E
of title XIV of the Personal Responsibility Act of 1995, or the Food
Stamp Act of 1977 (as in effect before the effective date of such
chapter), or benefits in 2 or more States under the supplemental
security income program under title XVI.''.
SEC. 14607. DENIAL OF SSI BENEFITS FOR FUGITIVE FELONS AND PROBATION
AND PAROLE VIOLATORS.
(a) In General.--Section 1611(c) of the Social Security Act (42
U.S.C. 1382(e)), as amended by section 14601(b)(1) of this Act, is
amended by inserting after paragraph (2) the following:
``(3) A person shall not be an eligible individual or
eligible spouse for purposes of this title with respect to any
month if, throughout the month, the person is--
``(A) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the
place from which the person flees, for a crime, or an
attempt to commit a crime, which is a felony under the
laws of the place from which the person flees, or
which, in the case of the State of New Jersey, is a
high misdemeanor under the laws of such State; or
``(B) violating a condition of probation or parole
imposed under Federal or State law.''.
(b) Exchange of Information With Law Enforcement Agencies.--Section
1631(e) of such Act (42 U.S.C. 1383(e)) is amended by inserting after
paragraph (3) the following:
``(4) Notwithstanding any other provision of law, the Commissioner
shall furnish any Federal, State, or local law enforcement officer,
upon the request of the officer, with the current address of any
recipient of benefits under this title, if the officer furnishes the
agency with the name of the recipient and notifies the agency that--
``(A) the recipient--
``(i) is fleeing to avoid prosecution, or custody
or confinement after conviction, under the laws of the
place from which the person flees, for a crime, or an
attempt to commit a crime, which is a felony under the
laws of the place from which the person flees, or
which, in the case of the State of New Jersey, is a
high misdemeanor under the laws of such State;
``(ii) is violating a condition of probation or
parole imposed under Federal or State law; or
``(iii) has information that is necessary for the
officer to conduct the officer's official duties;
``(B) the location or apprehension of the recipient is
within the official duties of the officer; and
``(C) the request is made in the proper exercise of such
duties.''.
SEC. 14608. REAPPLICATION REQUIREMENTS FOR ADULTS RECEIVING SSI
BENEFITS BY REASON OF DISABILITY.
(a) In General.--Section 1614(a)(3)(G) of the Social Security Act
(42 U.S.C. 1382c(a)(3)(G)), as amended by section 14602(c)(2) of this
Act, is amended by adding at the end the following clause:
``(iv) In the case of an individual who has attained 18 years of
age and for whom a determination has been made of eligibility for a
benefit under this title by reason of disability, the following
applies:
``(I) Subject to the provisions of this clause, the
determination of eligibility is effective for the 3-year period
beginning on the date of the determination, and the eligibility
of the individual lapses unless a determination of continuing
eligibility is made before the end of such period, and before
the end of each subsequent 3-year period. This subclause ceases
to apply to the individual upon the individual attaining 65
years of age. This subclause does not apply to the individual
if the individual has an impairment that is not expected to
improve (or a combination of impairments that are not expected
to improve).
``(II) With respect to a determination under subclause (I)
of whether the individual continues to be eligible for the
benefit (in this clause referred to as a `redetermination'),
the Commissioner may not make the redetermination unless the
individual submits to the Commissioner an application
requesting the redetermination. If such an application is
submitted, the Commissioner shall make the redetermination.
This subclause is subject to subclause (V).
``(III) If as of the date on which this clause takes effect
the individual has been receiving the benefit for three years
or less, the first period under subclause (I) for the
individual is deemed to end on the expiration of the period
beginning on the date on which this clause takes effect and
continuing through a number of months equal to 12 plus a number
equal to 36 minus the number of months the individual has been
receiving the benefit.
``(IV) If as of the date on which this clause takes effect
the individual has been receiving the benefit for five years or
less, but for more than three years, the first period under
subclause (I) for the individual is deemed to end on the
expiration of the 1-year period beginning on the date on which
this clause takes effect.
``(V) If as of the date on which this clause takes effect
the individual has been receiving the benefit for more than
five years, the Commissioner shall make redeterminations under
subclause (I) and may not require the individual to submit
applications for the redeterminations. The first 3-year period
under subclause (I) for the individual is deemed to begin upon
the expiration of the period beginning on the date on which
this clause takes effect and ending upon the termination of a
number of years equal to the lowest number (greater than zero)
that can be obtained by subtracting the number of years that
the individual has been receiving the benefit from a number
that is a multiple of three.
``(VI) If the individual first attains 18 years of age on
or after the date on which this clause takes effect, the first
3-year period under subclause (I) for the individual is deemed
to end on the date on which the individual attains such age.
``(VII) Not later than one year prior to the date on which
a determination under subclause (I) expires, the Commissioner
shall (except in the case of an individual to whom subclause
(V) applies) provide to the individual a written notice
explaining the applicability of this clause to the individual,
including an explanation of the effect of failing to submit the
application. If the individual submits the application not
later than 180 days prior to such date and the Commissioner
does not make the redetermination before such date, the
Commissioner shall continue to provide the benefit pending the
redetermination and shall publish in the Federal Register a
notice that the Commissioner was unable to make the
redetermination by such date.
``(VIII) If the individual fails to submit the application
under subclause (II) by the end of the applicable period under
subclause (I), the individual may apply for a redetermination.
The Commissioner shall make the redetermination for the
individual only after making redeterminations for individuals
for whom eligibility has not lapsed pursuant to subclause
(I).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect upon the expiration of the 9-month period beginning on the date
of the enactment of this Act.
(c) Conforming Repeal.--Section 207 of the Social Security
Independence and Program Improvements Act of 1994 (42 U.S.C. 1382 note;
108 Stat. 1516) is hereby repealed.
SEC. 14609. STRIKING OF RESTRICTIONS REGARDING DETERMINATION OF
INELIGIBILITY.
Section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) is
amended by striking paragraph (4).
SEC. 14610. NARROWING OF SSI ELIGIBILITY ON BASIS OF MENTAL
IMPAIRMENTS.
(a) In General.--Section 1614(a)(3)(A)(i) of the Social Security
Act (42 U.S.C. 1382c(a)), as designated by section 14602(a)(1)(A) of
this Act, is amended by adding at the end the following sentence: ``In
making determinations under this clause regarding the severity of
mental impairments, the Secretary shall revise the regulations under
subpart P of part 404 of title 20, Code of Federal Regulations, to
accomplish the result that (relative to such regulations as in effect
prior to the date on which this sentence takes effect) less weight is
given to criteria regarding concentration, persistence (and pace), and
ability to tolerate increased mental demand associated with competitive
work, and that, accordingly, the eligibility criteria regarding mental
impairments are narrowed.''.
(b) Final Regulations.--The final rule for the regulations required
in subsection (a) shall be issued before the expiration of the 9-month
period beginning on the date of the enactment of this Act,and shall
take effect upon the expiration of such period.
Subtitle G--Child Support
SEC. 14700. REFERENCES.
Except as otherwise specifically provided, wherever in this
subtitle an amendment is expressed in terms of an amendment to or
repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the Social
Security Act.
CHAPTER 1--ELIGIBILITY FOR SERVICES; DISTRIBUTION OF PAYMENTS
SEC. 14701. STATE OBLIGATION TO PROVIDE CHILD SUPPORT ENFORCEMENT
SERVICES.
(a) State Plan Requirements.--Section 454 (42 U.S.C. 654) is
amended--
(1) by striking paragraph (4) and inserting the following:
``(4) provide that the State will--
``(A) provide services relating to the
establishment of paternity or the establishment,
modification, or enforcement of child support
obligations, as appropriate, under the plan with
respect to--
``(i) each child for whom cash assistance
is provided under the State program funded
under part A of this title, benefits or
services are provided under the State program
funded under part B of this title, or medical
assistance is provided under the State plan
approved under title XIX, unless the State
agency administering the plan determines (in
accordance with paragraph (28)) that it is
against the best interests of the child to do
so; and
``(ii) any other child, if an individual
applies for such services with respect to the
child; and
``(B) enforce any support obligation established
with respect to--
``(i) a child with respect to whom the
State provides services under the plan; or
``(ii) the custodial parent of such a
child.''; and
(2) in paragraph (6)--
(A) by striking ``provide that'' and inserting
``provide that--'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) services under the plan shall be made
available to nonresidents on the same terms as to
residents;'';
(C) in subparagraph (B), by inserting ``on
individuals not receiving assistance under any State
program funded under part A'' after ``such services
shall be imposed'';
(D) in each of subparagraphs (B), (C), (D), and
(E)--
(i) by indenting the subparagraph in the
same manner as, and aligning the left margin of
the subparagraph with the left margin of, the
matter inserted by subparagraph (B) of this
paragraph; and
(ii) by striking the final comma and
inserting a semicolon; and
(E) in subparagraph (E), by indenting each of
clauses (i) and (ii) 2 additional ems.
(b) Conforming Amendments.--
(1) Section 452(b) (42 U.S.C. 652(b)) is amended by
striking ``454(6)'' and inserting ``454(4)''.
(2) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended by striking ``454(6)'' each place it appears and
inserting ``454(4)(A)(ii)''.
(3) Section 466(a)(3)(B) (42 U.S.C. 666(a)(3)(B)) is
amended by striking ``in the case of overdue support which a
State has agreed to collect under section 454(6)'' and
inserting ``in any other case''.
(4) Section 466(e) (42 U.S.C. 666(e)) is amended by
striking ``paragraph (4) or (6) of section 454'' and inserting
``section 454(4)''.
SEC. 14702. DISTRIBUTION OF CHILD SUPPORT COLLECTIONS.
(a) In General.--Section 457 (42 U.S.C. 657) is amended to read as
follows:
``SEC. 457. DISTRIBUTION OF COLLECTED SUPPORT.
``(a) In General.--An amount collected on behalf of a family as
support by a State pursuant to a plan approved under this part shall be
distributed as follows:
``(1) Families receiving cash assistance.--In the case of a
family receiving cash assistance from the State, the State
shall--
``(A) retain, or distribute to the family, the
State share of the amount so collected; and
``(B) pay to the Federal Government the Federal
share of the amount so collected.
``(2) Families that formerly received cash assistance.--In
the case of a family that formerly received cash assistance
from the State:
``(A) Current support payments.--To the extent that
the amount so collected does not exceed the amount
required to be paid to the family for the month in
which collected, the State shall distribute the amount
so collected to the family.
``(B) Payments of arrearages.--To the extent that
the amount so collected exceeds the amount required to
be paid to the family for the month in which collected,
the State shall distribute the amount so collected as
follows:
``(i) Distribution to the family to satisfy
arrearages that accrued before or after the
family received cash assistance.--The State
shall distribute the amount so collected to the
family to the extent necessary to satisfy any
support arrears with respect to the family that
accrued before or after the family received
cash assistance from the State.
``(ii) Reimbursement of governments for
assistance provided to the family.--To the
extent that clause (i) does not apply to the
amount, the State shall retain the State share
of the amount so collected, and pay to the
Federal Government the Federal share of the
amount so collected, to the extent necessary to
reimburse amounts paid to the family as cash
assistance from the State.
``(iii) Distribution of the remainder to
the family.--To the extent that neither clause
(i) nor clause (ii) applies to the amount so
collected, the State shall distribute the
amount to the family.
``(3) Families that never received cash assistance.--In the
case of any other family, the State shall distribute the amount
so collected to the family.
``(b) Definitions.--As used in subsection (a):
``(1) Cash assistance.--The term `cash assistance from the
State' means--
``(A) cash assistance under the State program
funded under part A or under the State plan approved
under part A of this title (as in effect before October
1, 1995); or
``(B) cash benefits under the State program funded
under part B or under the State plan approved under
part B or E of this title (as in effect before October
1, 1995).
``(2) Federal share.--The term `Federal share' means, with
respect to an amount collected by the State to satisfy a
support obligation owed to a family for a time period--
``(A) the greatest Federal medical assistance
percentage in effect for the State for fiscal year 1995
or any succeeding fiscal year; or
``(B) if support is not owed to the family for any
month for which the family received aid to families
with dependent children under the State plan approved
under part A of this title (as in effect before October
1, 1995), the Federal reimbursement percentage for the
fiscal year in which the time period occurs.
``(3) Federal medical assistance percentage.--The term
`Federal medical assistance percentage' means--
``(A) the Federal medical assistance percentage (as
defined in section 1118), in the case of Puerto Rico,
the Virgin Islands, Guam, and American Samoa; or
``(B) the Federal medical assistance percentage (as
defined in section 1905(b)) in the case of any other
State.
``(4) Federal reimbursement percentage.--The term `Federal
reimbursement percentage' means, with respect to a fiscal
year--
``(A) the total amount paid to the State under
section 403 for the fiscal year; divided by
``(B) the total amount expended by the State to
carry out the State program under part A during the
fiscal year.
``(5) State share.--The term `State share' means 100
percent minus the Federal share.
``(c) Continuation of Services for Families Ceasing To Receive
Assistance Under the State Program Funded Under Part A.--When a family
with respect to which services are provided under a State plan approved
under this part ceases to receive assistance under the State program
funded under part A, the State shall provide appropriate notice to the
family and continue to provide such services, subject to the same
conditions and on the same basis as in the case of individuals to whom
services are furnished under section 454, except that an application or
other request to continue services shall not be required of such a
family and section 454(6)(B) shall not apply to the family.''.
(b) Effective Date.--
(1) General rule.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall become effective on
October 1, 1999.
(2) Earlier effective date for rules relating to
distribution of support collected for families receiving cash
assistance.--Section 457(a)(1) of the Social Security Act, as
added by the amendment made by subsection (a), shall become
effective on October 1, 1995.
SEC. 14703. PRIVACY SAFEGUARDS.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654) is
amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding after paragraph (24) the following:
``(25) will have in effect safeguards, applicable to all
confidential information handled by the State agency, that are
designed to protect the privacy rights of the parties,
including--
``(A) safeguards against unauthorized use or
disclosure of information relating to proceedings or
actions to establish paternity, or to establish or
enforce support;
``(B) prohibitions against the release of
information on the whereabouts of one party to another
party against whom a protective order with respect to
the former party has been entered; and
``(C) prohibitions against the release of
information on the whereabouts of one party to another
party if the State has reason to believe that the
release of the information may result in physical or
emotional harm to the former party.''.
(b) Effective Date.--The amendment made by subsection (a) shall
become effective on October 1, 1997.
CHAPTER 2--LOCATE AND CASE TRACKING
SEC. 14711. STATE CASE REGISTRY.
Section 454A, as added by section 14745(a)(2) of this Act, is
amended by adding at the end the following:
``(e) State Case Registry.--
``(1) Contents.--The automated system required by this
section shall include a registry (which shall be known as the
`State case registry') that contains records with respect to--
``(A) each case in which services are being
provided by the State agency under the State plan
approved under this part; and
``(B) each support order established or modified in
the State on or after October 1, 1998.
``(2) Linking of local registries.--The State case registry
may be established by linking local case registries of support
orders through an automated information network, subject to
this section.
``(3) Use of standardized data elements.--Such records
shall use standardized data elements for both parents (such as
names, social security numbers and other uniform identification
numbers, dates of birth, and case identification numbers), and
contain such other information (such as on case status) as the
Secretary may require.
``(4) Payment records.--Each case record in the State case
registry with respect to which services are being provided
under the State plan approved under this part and with respect
to which a support order has been established shall include a
record of--
``(A) the amount of monthly (or other periodic)
support owed under the order, and other amounts
(including arrears, interest or late payment penalties,
and fees) due or overdue under the order;
``(B) any amount described in subparagraph (A) that
has been collected;
``(C) the distribution of such collected amounts;
``(D) the birth date of any child for whom the
order requires the provision of support; and
``(E) the amount of any lien imposed with respect
to the order pursuant to section 466(a)(4).
``(5) Updating and monitoring.--The State agency operating
the automated system required by this section shall promptly
establish and maintain, and regularly monitor, case records in
the State case registry with respect to which services are
being provided under the State plan approved under this part,
on the basis of--
``(A) information on administrative actions and
administrative and judicial proceedings and orders
relating to paternity and support;
``(B) information obtained from comparison with
Federal, State, or local sources of information;
``(C) information on support collections and
distributions; and
``(D) any other relevant information.
``(f) Information Comparisons and Other Disclosures of
Information.--The State shall use the automated system required by this
section to extract information from (at such times, and in such
standardized format or formats, as may be required by the Secretary),
to share and compare information with, and to receive information from,
other data bases and information comparison services, in order to
obtain (or provide) information necessary to enable the State agency
(or the Secretary or other State or Federal agencies) to carry out this
part, subject to section 6103 of the Internal Revenue Code of 1986.
Such information comparison activities shall include the following:
``(1) Federal case registry of child support orders.--
Furnishing to the Federal Case Registry of Child Support Orders
established under section 453(h) (and update as necessary, with
information including notice of expiration of orders) the
minimum amount of information on child support cases recorded
in the State case registry that is necessary to operate the
registry (as specified by the Secretary in regulations).
``(2) Federal parent locator service.--Exchanging
information with the Federal Parent Locator Service for the
purposes specified in section 453.
``(3) Temporary family assistance and medicaid agencies.--
Exchanging information with State agencies (of the State and of
other States) administering programs funded under part A,
programs operated under State plans under title XIX, and other
programs designated by the Secretary, as necessary to perform
State agency responsibilities under this part and under such
programs.
``(4) Intra- and interstate information comparisons.--
Exchanging information with other agencies of the State,
agencies of other States, and interstate information networks,
as necessary and appropriate to carry out (or assist other
States to carry out) the purposes of this part.''.
SEC. 14712. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654), as
amended by section 14703(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding after paragraph (25) the following:
``(26) provide that, on and after October 1, 1998, the
State agency will--
``(A) operate a State disbursement unit in
accordance with section 454B; and
``(B) have sufficient State staff (consisting of
State employees) and (at State option) contractors
reporting directly to the State agency to--
``(i) monitor and enforce support
collections through the unit (including
carrying out the automated data processing
responsibilities described in section 454A(g));
and
``(ii) take the actions described in
section 466(c)(1) in appropriate cases.''.
(b) Establishment of State Disbursement Unit.--Part D of title IV
(42 U.S.C. 651-669), as amended by section 14745(a)(2) of this Act, is
amended by inserting after section 454A the following:
``SEC. 454B. COLLECTION AND DISBURSEMENT OF SUPPORT PAYMENTS.
``(a) State Disbursement Unit.--
``(1) In general.--In order for a State to meet the
requirements of this section, the State agency must establish
and operate a unit (which shall be known as the `State
disbursement unit') for the collection and disbursement of
payments under support orders in all cases being enforced by
the State pursuant to section 454(4).
``(2) Operation.--The State disbursement unit shall be
operated--
``(A) directly by the State agency (or 2 or more
State agencies under a regional cooperative agreement),
or (to the extent appropriate) by a contractor
responsible directly to the State agency; and
``(B) in coordination with the automated system
established by the State pursuant to section 454A.
``(3) Linking of local disbursement units.--The State
disbursement unit may be established by linking local
disbursement units through an automated information network,
subject to this section. The Secretary must agree that the
system will not cost more nor take more time to establish than
a centralized system. In addition, employers shall be given 1
location to which income withholding is sent.
``(b) Required Procedures.--The State disbursement unit shall use
automated procedures, electronic processes, and computer-driven
technology to the maximum extent feasible, efficient, and economical,
for the collection and disbursement of support payments, including
procedures--
``(1) for receipt of payments from parents, employers, and
other States, and for disbursements to custodial parents and
other obligees, the State agency, and the agencies of other
States;
``(2) for accurate identification of payments;
``(3) to ensure prompt disbursement of the custodial
parent's share of any payment; and
``(4) to furnish to any parent, upon request, timely
information on the current status of support payments under an
order requiring payments to be made by or to the parent.
``(c) Timing of Disbursements.--The State disbursement unit shall
distribute all amounts payable under section 457(a) within 2 business
days after receipt from the employer or other source of periodic
income, if sufficient information identifying the payee is provided.
``(d) Business Day Defined.--As used in this section, the term
`business day' means a day on which State offices are open for regular
business.''.
(c) Use of Automated System.--Section 454A, as added by section
14745(a)(2) of this Act and as amended by section 14711 of this Act, is
amended by adding at the end the following:
``(g) Collection and Distribution of Support Payments.--
``(1) In general.--The State shall use the automated system
required by this section, to the maximum extent feasible, to
assist and facilitate the collection and disbursement of
support payments through the State disbursement unit operated
under section 454B, through the performance of functions,
including, at a minimum--
``(A) transmission of orders and notices to
employers (and other debtors) for the withholding of
wages (and other income)--
``(i) within 2 business days after receipt
(from a court, another State, an employer, the
Federal Parent Locator Service, or another
source recognized by the State) of notice of,
and the income source subject to, such
withholding; and
``(ii) using uniform formats prescribed by
the Secretary;
``(B) ongoing monitoring to promptly identify
failures to make timely payment of support; and
``(C) automatic use of enforcement procedures
(including procedures authorized pursuant to section
466(c)) where payments are not timely made.
``(2) Business day defined.--As used in paragraph (1), the
term `business day' means a day on which State offices are open
for regular business.''.
(d) Effective Date.--The amendments made by this section shall
become effective on October 1, 1998.
SEC. 14713. STATE DIRECTORY OF NEW HIRES.
(a) State Plan Requirement.--Section 454 (42 U.S.C. 654), as
amended by sections 14703(a) and 14712(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26) and
inserting ``; and''; and
(3) by adding after paragraph (26) the following:
``(27) provide that, on and after October 1, 1997, the
State will operate a State Directory of New Hires in accordance
with section 453A.''.
(b) State Directory of New Hires.--Part D of title IV (42 U.S.C.
651-669) is amended by inserting after section 453 the following:
``SEC. 453A. STATE DIRECTORY OF NEW HIRES.
``(a) Establishment.--
``(1) In general.--Not later than October 1, 1997, each
State shall establish an automated directory (to be known as
the `State Directory of New Hires') which shall contain
information supplied in accordance with subsection (b) by
employers and labor organizations on each newly hired employee.
``(2) Definitions.--As used in this section:
``(A) Employee.--The term `employee'--
``(i) means an individual who is an
employee within the meaning of chapter 24 of
the Internal Revenue Code of 1986; and
``(ii) does not include an employee of a
Federal or State agency performing intelligence
or counterintelligence functions, if the head
of such agency has determined that reporting
pursuant to paragraph (1) with respect to the
employee could endanger the safety of the
employee or compromise an ongoing investigation
or intelligence mission.
``(B) Governmental employers.--The term `employer'
includes any governmental entity.
``(C) Labor organization.--The term `labor
organization' shall have the meaning given such term in
section 2(5) of the National Labor Relations Act, and
includes any entity (also known as a `hiring hall')
which is used by the organization and an employer to
carry out requirements described in section 8(f)(3) of
such Act of an agreement between the organization and
the employer.
``(b) Employer Information.--
``(1) Reporting requirement.--
``(A) In general.--Except as provided in
subparagraph (B), each employer shall furnish to the
Directory of New Hires of the State in which a newly
hired employee works a report that contains the name,
address, and social security number of the employee,
and the name of, and identifying number assigned under
section 6109 of the Internal Revenue Code of 1986 to,
the employer.
``(B) Multistate employers.--An employer who has
employees who are employed in 2 or more States may
comply with subparagraph (A) by transmitting the report
described in subparagraph (A) magnetically or
electronically to the State in which the greatest
number of employees of the employer are employed.
``(2) Timing of report.--The report required by paragraph
(1) with respect to an employee shall be made not later than
the later of--
``(A) 15 days after the date the employer hires the
employee; or
``(B) the date the employee first receives wages or
other compensation from the employer.
``(c) Reporting Format and Method.--Each report required by
subsection (b) shall be made on a W-4 form or the equivalent, and may
be transmitted by first class mail, magnetically, or electronically.
``(d) Civil Money Penalties on Noncomplying Employers.--
``(1) In general.--An employer that fails to comply with
subsection (b) with respect to an employee shall be subject to
a civil money penalty of--
``(A) $25; or
``(B) $500 if, under State law, the failure is the
result of a conspiracy between the employer and the
employee to not supply the required report or to supply
a false or incomplete report.
``(2) Applicability of section 1128.--Section 1128 (other
than subsections (a) and (b) of such section) shall apply to a
civil money penalty under paragraph (1) of this subsection in
the same manner as such section applies to a civil money
penalty or proceeding under section 1128A(a).
``(e) Information Comparisons.--
``(1) In general.--Not later than October 1, 1997, an
agency designated by the State shall, directly or by contract,
conduct automated comparisons of the social security numbers
reported by employers pursuant to subsection (b) and the social
security numbers appearing in the records of the State case
registry for cases being enforced under the State plan.
``(2) Notice of match.--When an information comparison
conducted under paragraph (1) reveals a match with respect to
the social security number of an individual required to provide
support under a support order, the State Directory of New Hires
shall provide the agency administering the State plan approved
under this part of the appropriate State with the name,
address, and social security number of the employee to whom the
social security number is assigned, and the name of, and
identifying number assigned under section 6109 of the Internal
Revenue Code of 1986 to, the employer.
``(f) Transmission of Information.--
``(1) Transmission of wage withholding notices to
employers.--Within 2 business days after the date information
regarding a newly hired employee is entered into the State
Directory of New Hires, the State agency enforcing the
employee's child support obligation shall transmit a notice to
the employer of the employee directing the employer to withhold
from the wages of the employee an amount equal to the monthly
(or other periodic) child support obligation of the employee,
unless the employee's wages are not subject to withholding
pursuant to section 466(b)(3).
``(2) Transmissions to the national directory of new
hires.--
``(A) New hire information.--Within 4 business days
after the State Directory of New Hires receives
information from employers pursuant to this section,
the State Directory of New Hires shall furnish the
information to the National Directory of New Hires.
``(B) Wage and unemployment compensation
information.--The State Directory of New Hires shall,
on a quarterly basis, furnish to the National Directory
of New Hires extracts of the reports required under
section 303(a)(6) to be made to the Secretary of Labor
concerning the wages and unemployment compensation paid
to individuals, by such dates, in such format, and
containing such information as the Secretary of Health
and Human Services shall specify in regulations.
``(3) Business day defined.--As used in this subsection,
the term `business day' means a day on which State offices are
open for regular business.
``(g) Other Uses of New Hire Information.--
``(1) Location of child support obligors.--The agency
administering the State plan approved under this part shall use
information received pursuant to subsection (e)(2) to locate
individuals for purposes of establishing paternity and
establishing, modifying, and enforcing child support
obligations.
``(2) Verification of eligibility for certain programs.--A
State agency responsible for administering a program specified
in section 1137(b) shall have access to information reported by
employers pursuant to subsection (b) of this section for
purposes of verifying eligibility for the program.
``(3) Administration of employment security and workers
compensation.--State agencies operating employment security and
workers' compensation programs shall have access to information
reported by employers pursuant to subsection (b) for the
purposes of administering such programs.''.
SEC. 14714. AMENDMENTS CONCERNING INCOME WITHHOLDING.
(a) Mandatory Income Withholding.--
(1) In general.--Section 466(a)(1) (42 U.S.C. 666(a)(1)) is
amended to read as follows:
``(1) Income withholding.--
``(A) Under orders enforced under the state plan.--
Procedures described in subsection (b) for the
withholding from income of amounts payable as support
in cases subject to enforcement under the State plan.
``(B) Under certain orders predating change in
requirement.--Procedures under which the wages of a
person with a support obligation imposed by a support
order issued (or modified) in the State before October
1, 1996, if not otherwise subject to withholding under
subsection (b), shall become subject to withholding as
provided in subsection (b) if arrearages occur, without
the need for a judicial or administrative hearing.''.
(2) Conforming amendments.--
(A) Section 466(a)(8)(B)(iii) (42 U.S.C.
666(a)(8)(B)(iii)) is amended--
(i) by striking ``(5),''; and
(ii) by inserting ``, and, at the option of
the State, the requirements of subsection
(b)(5)'' before the period.
(B) Section 466(b) (42 U.S.C. 666(b)) is amended in
the matter preceding paragraph
(1), by striking ``subsection (a)(1)'' and inserting
``subsection (a)(1)(A)''.
(C) Section 466(b)(5) (42 U.S.C. 666(b)(5)) is
amended by striking all that follows ``administered
by'' and inserting ``the State through the State
disbursement unit established pursuant to section 454B,
in accordance with the requirements of section 454B.''.
(D) Section 466(b)(6)(A) (42 U.S.C. 666(b)(6)(A))
is amended--
(i) in clause (i), by striking ``to the
appropriate agency'' and all that follows and
inserting ``to the State disbursement unit
within 2 business days after the date the
amount would (but for this subsection) have
been paid or credited to the employee, for
distribution in accordance with this part.'';
(ii) in clause (ii), by inserting ``be in a
standard format prescribed by the Secretary,
and'' after ``shall''; and
(iii) by adding at the end the following:
``(iii) As used in this subparagraph, the term `business
day' means a day on which State offices are open for regular
business.''.
(E) Section 466(b)(6)(D) (42 U.S.C. 666(b)(6)(D))
is amended by striking ``any employer'' and all that
follows and inserting the following:
``any employer who--
``(i) discharges from employment, refuses to
employ, or takes disciplinary action against any absent
parent subject to wage withholding required by this
subsection because of the existence of such withholding
and the obligations or additional obligations which is
imposes upon the employer; or
``(ii) fails to withhold support from wages, or to
pay such amounts to the State disbursement unit in
accordance with this subsection.''.
(F) Section 466(b) (42 U.S.C. 666(b)) is amended by
adding at the end the following:
``(11) Procedures under which the agency administering the
State plan approved under this part may execute a withholding
order through electronic means and without advance notice to
the obligor.''.
(b) Conforming Amendment.--Section 466(c) (42 U.S.C. 666(c)) is
repealed.
SEC. 14715. LOCATOR INFORMATION FROM INTERSTATE NETWORKS.
Section 466(a) (42 U.S.C. 666(a)) is amended by adding at the end
the following:
``(12) Locator information from interstate networks.--
Procedures to ensure that all Federal and State agencies
conducting activities under this part have access to any system
used by the State to locate an individual for purposes relating
to motor vehicles or law enforcement.''.
SEC. 14716. EXPANSION OF THE FEDERAL PARENT LOCATOR SERVICE.
(a) Expanded Authority To Locate Individuals and Assets.--Section
453 (42 U.S.C. 653) is amended--
(1) in subsection (a), by striking all that follows
``subsection (c))'' and inserting ``, for the purpose of
establishing parentage, establishing, setting the amount of,
modifying, or enforcing child support obligations--
``(1) information on, or facilitating the discovery of, the
location of any individual--
``(A) who is under an obligation to pay child
support;
``(B) against whom such an obligation is sought; or
``(C) to whom such an obligation is owed,
including the individual's social security number (or numbers),
most recent address, and the name, address, and employer
identification number of the individual's employer; and
``(2) information on the individual's wages (or other
income) from, and benefits of, employment (including rights to
or enrollment in group health care coverage).''; and
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``social security'' and all that follows
through ``absent parent'' and inserting ``information described
in subsection (a)''.
(b) Reimbursement for Information From Federal Agencies.--Section
453(e)(2) (42 U.S.C. 653(e)(2)) is amended in the 4th sentence by
inserting ``in an amount which the Secretary determines to be
reasonable payment for the information exchange (which amount shall not
include payment for the costs of obtaining, compiling, or maintaining
the information)'' before the period.
(c) Reimbursement for Reports by State Agencies.--Section 453 (42
U.S.C. 653) is amended by adding at the end the following:
``(g) The Secretary may reimburse Federal and State agencies for
the costs incurred by such entities in furnishing information requested
by the Secretary under this section in an amount which the Secretary
determines to be reasonable payment for the information exchange (which
amount shall not include payment for the costs of obtaining, compiling,
or maintaining the information).''.
(d) Technical Amendments.--
(1) Sections 452(a)(9), 453(a), 453(b), 463(a), 463(e), and
463(f) (42 U.S.C. 652(a)(9), 653(a), 653(b), 663(a), 663(e),
and 663(f)) are each amended by inserting ``Federal'' before
``Parent'' each place such term appears.
(2) Section 453 (42 U.S.C. 653) is amended in the heading
by adding ``federal'' before ``parent''.
(e) New Components.--Section 453 (42 U.S.C. 653), as amended by
subsection (c) of this section, is amended by adding at the end the
following:
``(h) Federal Case Registry of Child Support Orders.--
``(1) In general.--Not later than October 1, 1998, in order
to assist States in administering programs under State plans
approved under this part and programs funded under part A, and
for the other purposes specified in this section, the Secretary
shall establish and maintain in the Federal Parent Locator
Service an automated registry (which shall be known as the
`Federal Case Registry of Child Support Orders'), which shall
contain abstracts of support orders and other information
described in paragraph (2) with respect to each case in each
State case registry maintained pursuant to section 454A(e), as
furnished (and regularly updated), pursuant to section 454A(f),
by State agencies administering programs under this part.
``(2) Case information.--The information referred to in
paragraph (1) with respect to a case shall be such information
as the Secretary may specify in regulations (including the
names, social security numbers or other uniform identification
numbers, and State case identification numbers) to identify the
individuals who owe or are owed support (or with respect to or
on behalf of whom support obligations are sought to be
established), and the State or States which have the case.
``(i) National Directory of New Hires.--
``(1) In general.--In order to assist States in
administering programs under State plans approved under this
part and programs funded under part A, and for the other
purposes specified in this section, the Secretary shall, not
later than October 1, 1996, establish and maintain in the
Federal Parent Locator Service an automated directory to be
known as the National Directory of New Hires, which shall
contain the information supplied pursuant to section
453A(f)(2).
``(2) Administration of federal tax laws.--The Secretary of
the Treasury shall have access to the information in the
Federal Directory of New Hires for purposes of administering
section 32 of the Internal Revenue Code of 1986, or the advance
payment of the earned income tax credit under section 3507 of
such Code, and verifying a claim with respect to employment in
a tax return.
``(j) Information Comparisons and Other Disclosures.--
``(1) Verification by social security administration.--
``(A) The Secretary shall transmit information on
individuals and employers maintained under this section
to the Social Security Administration to the extent
necessary for verification in accordance with
subparagraph (B).
``(B) The Social Security Administration shall
verify the accuracy of, correct, or supply to the
extent possible, and report to the Secretary, the
following information supplied by the Secretary
pursuant to subparagraph (A):
``(i) The name, social security number, and
birth date of each such individual.
``(ii) The employer identification number
of each such employer.
``(2) Information comparisons.--For the purpose of locating
individuals in a paternity establishment case or a case
involving the establishment, modification, or enforcement of a
support order, the Secretary shall--
``(A) compare information in the National Directory
of New Hires against information in the support order
abstracts in the Federal Case Registry of Child Support
Orders not less often than every 2 business days; and
``(B) within 2 such days after such a comparison
reveals a match with respect to an individual, report
the information to the State agency responsible for the
case.
``(3) Information comparisons and disclosures of
information in all registries for title iv program purposes.--
To the extent and with the frequency that the Secretary
determines to be effective in assisting States to carry out
their responsibilities under programs operated under this part
and programs funded under part A, the Secretary shall--
``(A) compare the information in each component of
the Federal Parent Locator Service maintained under
this section against the information in each other such
component (other than the comparison required by
paragraph (2)), and report instances in which such a
comparison reveals a match with respect to an
individual to State agencies operating such programs;
and
``(B) disclose information in such registries to
such State agencies.
``(4) Provision of new hire information to the social
security administration.--The National Directory of New Hires
shall provide the Commissioner of Social Security with all
information in the National Directory, which shall be used to
determine the accuracy of payments under the supplemental
security income program under title XVI and in connection with
benefits under title II.
``(5) Research.--The Secretary may provide access to
information reported by employers pursuant to section 453A(b)
for research purposes found by the Secretary to be likely to
contribute to achieving the purposes of part A or this part,
but without personal identifiers.
``(k) Fees.--
``(1) For ssa verification.--The Secretary shall reimburse
the Commissioner of Social Security, at a rate negotiated
between the Secretary and the Commissioner, for the costs
incurred by the Commissioner in performing the verification
services described in subsection (j).
``(2) For information from state directories of new
hires.--The Secretary shall reimburse costs incurred by State
directories of new hires in furnishing information as required
by subsection (j)(3), at rates which the Secretary determines
to be reasonable (which rates shall not include payment for the
costs of obtaining, compiling, or maintaining such
information).
``(3) For information furnished to state and federal
agencies.--A State or Federal agency that receives information
from the Secretary pursuant to this section shall reimburse the
Secretary for costs incurred by the Secretary in furnishing the
information, at rates which the Secretary determines to be
reasonable (which rates shall include payment for the costs of
obtaining, verifying, maintaining, and comparing the
information).
``(l) Restriction on Disclosure and Use.--Information in the
Federal Parent Locator Service, and information resulting from
comparisons using such information, shall not be used or disclosed
except as expressly provided in this section, subject to section 6103
of the Internal Revenue Code of 1986.
``(m) Information Integrity and Security.--The Secretary shall
establish and implement safeguards with respect to the entities
established under this section designed to--
``(1) ensure the accuracy and completeness of information
in the Federal Parent Locator Service; and
``(2) restrict access to confidential information in the
Federal Parent Locator Service to authorized persons, and
restrict use of such information to authorized purposes.''.
(f) Conforming Amendments.--
(1) To part d of title iv of the social security act.--
Section 454(8)(B) (42 U.S.C. 654(8)(B)) is amended to read as
follows:
``(B) the Federal Parent Locator Service
established under section 453;''.
(2) To federal unemployment tax act.--Section 3304(a)(16)
of the Internal Revenue Code of 1986 is amended--
(A) by striking ``Secretary of Health, Education,
and Welfare'' each place such term appears and
inserting ``Secretary of Health and Human Services'';
(B) in subparagraph (B), by striking ``such
information'' and all that follows and inserting
``information furnished under subparagraph (A) or (B)
is used only for the purposes authorized under such
subparagraph;'';
(C) by striking ``and'' at the end of subparagraph
(A);
(D) by redesignating subparagraph (B) as
subparagraph (C); and
(E) by inserting after subparagraph (A) the
following new subparagraph:
``(B) wage and unemployment compensation
information contained in the records of such agency
shall be furnished to the Secretary of Health and Human
Services (in accordance with regulations promulgated by
such Secretary) as necessary for the purposes of the
National Directory of New Hires established under
section 453(i) of the Social Security Act, and''.
(3) To state grant program under title iii of the social
security act.--Section 303(a) (42 U.S.C. 503(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(8);
(B) by striking ``and'' at the end of paragraph
(9);
(C) by striking the period at the end of paragraph
(10) and inserting ``; and''; and
(D) by adding after paragraph (10) the following:
``(11) The making of quarterly electronic reports, at such
dates, in such format, and containing such information, as
required by the Secretary of Health and Human Services under
section 453(i)(3), and compliance with such provisions as such
Secretary may find necessary to ensure the correctness and
verification of such reports.''.
SEC. 14717. COLLECTION AND USE OF SOCIAL SECURITY NUMBERS FOR USE IN
CHILD SUPPORT ENFORCEMENT.
(a) State Law Requirement.--Section 466(a) (42 U.S.C. 666(a)), as
amended by section 14715 of this Act, is amended by adding at the end
the following:
``(13) Recording of social security numbers in certain
family matters.--Procedures requiring that the social security
number of--
``(A) any applicant for a professional license,
commercial driver's license, occupational license, or
marriage license be recorded on the application;
``(B) any individual who is subject to a divorce
decree, support order, or paternity determination or
acknowledgment be placed in the records relating to the
matter; and
``(C) any individual who has died be placed in the
records relating to the death and be recorded on the
death certificate.''.
(b) Conforming Amendments.--Section 205(c)(2)(C) (42 U.S.C.
405(c)(2)(C)), as amended by section 321(a)(9) of the Social Security
Independence and Program Improvements Act of 1994, is amended--
(1) in clause (i), by striking ``may require'' and
inserting ``shall require'';
(2) in clause (ii), by inserting after the 1st sentence the
following: ``In the administration of any law involving the
issuance of a marriage certificate or license, each State shall
require each party named in the certificate or license to
furnish to the State (or political subdivision thereof) or any
State agency having administrative responsibility for the law
involved, the social security number of the party.'';
(3) in clause (vi), by striking ``may'' and inserting
``shall''; and
(4) by adding at the end the following:
``(x) An agency of a State (or a political
subdivision thereof) charged with the
administration of any law concerning the
issuance or renewal of a license, certificate,
permit, or other authorization to engage in a
profession, an occupation, or a commercial
activity shall require all applicants for
issuance or renewal of the license,
certificate, permit, or other authorization to
provide the applicant's social security number
to the agency for the purpose of administering
such laws, and for the purpose of responding to requests for
information from an agency operating pursuant to part D of title IV.
``(xi) All divorce decrees, support orders,
and paternity determinations issued, and all
paternity acknowledgments made, in each State
shall include the social security number of
each party to the decree, order, determination,
or acknowledgment in the records relating to
the matter.''.
CHAPTER 3--STREAMLINING AND UNIFORMITY OF PROCEDURES
SEC. 14721. ADOPTION OF UNIFORM STATE LAWS.
Section 466 (42 U.S.C. 666) is amended by adding at the end the
following:
``(f) Uniform Interstate Family Support Act.--
``(1) Enactment and use.--In order to satisfy section
454(20)(A) on or after January 1, 1997, each State must have in
effect the Uniform Interstate Family Support Act, as approved
by the National Conference of Commissioners on Uniform State
Laws in August 1992 (with the modifications and additions
specified in this subsection), and the procedures required to
implement such Act.
``(2) Expanded application.--The State law enacted pursuant
to paragraph (1) shall be applied to any case involving an
order which is established or modified in a State and which is
sought to be modified or enforced in another State.
``(3) Jurisdiction to modify orders.--The State law enacted
pursuant to paragraph (1) of this subsection shall contain the
following provision in lieu of section 611(a)(1) of the Uniform
Interstate Family Support Act:
```(1) the following requirements are met:
```(i) the child, the individual obligee, and the
obligor--
```(I) do not reside in the issuing State;
and
```(II) either reside in this State or are
subject to the jurisdiction of this State
pursuant to section 201; and
```(ii) (in any case where another State is
exercising or seeks to exercise jurisdiction to modify
the order) the conditions of section 204 are met to the
same extent as required for proceedings to establish
orders; or'.
``(4) Service of process.--The State law enacted pursuant
to paragraph (1) shall provide that, in any proceeding subject
to the law, process may be served (and proved) upon persons in
the State by any means acceptable in any State which is the
initiating or responding State in the proceeding.''.
SEC. 14722. IMPROVEMENTS TO FULL FAITH AND CREDIT FOR CHILD SUPPORT
ORDERS.
Section 1738B of title 28, United States Code, is amended--
(1) in subsection (a)(2), by striking ``subsection (e)''
and inserting ``subsections (e), (f), and (i)'';
(2) in subsection (b), by inserting after the 2nd
undesignated paragraph the following:
```child's home State' means the State in which a child
lived with a parent or a person acting as parent for at least
six consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support and, if a
child is less than six months old, the State in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the six-month
period.'';
(3) in subsection (c), by inserting ``by a court of a
State'' before ``is made'';
(4) in subsection (c)(1), by inserting ``and subsections
(e), (f), and (g)'' after ``located'';
(5) in subsection (d)--
(A) by inserting ``individual'' before
``contestant''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (e) and (f)'';
(6) in subsection (e), by striking ``make a modification of
a child support order with respect to a child that is made''
and inserting ``modify a child support order issued'';
(7) in subsection (e)(1), by inserting ``pursuant to
subsection (i)'' before the semicolon;
(8) in subsection (e)(2)--
(A) by inserting ``individual'' before
``contestant'' each place such term appears; and
(B) by striking ``to that court's making the
modification and assuming'' and inserting ``with the
State of continuing, exclusive jurisdiction for a court
of another State to modify the order and assume'';
(9) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(10) by inserting after subsection (e) the following:
``(f) Recognition of Child Support Orders.--If one or more child
support orders have been issued in this or another State with regard to
an obligor and a child, a court shall apply the following rules in
determining which order to recognize for purposes of continuing,
exclusive jurisdiction and enforcement:
``(1) If only one court has issued a child support order,
the order of that court must be recognized.
``(2) If two or more courts have issued child support
orders for the same obligor and child, and only one of the
courts would have continuing, exclusive jurisdiction under this
section, the order of that court must be recognized.
``(3) If two or more courts have issued child support
orders for the same obligor and child, and only one of the
courts would have continuing, exclusive jurisdiction under this
section, an order issued by a court in the current home State
of the child must be recognized, but if an order has not been
issued in the current home State of the child, the order most
recently issued must be recognized.
``(4) If two or more courts have issued child support
orders for the same obligor and child, and none of the courts
would have continuing, exclusive
jurisdiction under this section, a court may issue a child
support order, which must be recognized.
``(5) The court that has issued an order recognized under
this subsection is the court having continuing, exclusive
jurisdiction.'';
(11) in subsection (g) (as so redesignated)--
(A) by striking ``Prior'' and inserting
``Modified''; and
(B) by striking ``subsection (e)'' and inserting
``subsections (e) and (f)'';
(12) in subsection (h) (as so redesignated)--
(A) in paragraph (2), by inserting ``including the
duration of current payments and other obligations of
support'' before the comma; and
(B) in paragraph (3), by inserting ``arrears
under'' after ``enforce''; and
(13) by adding at the end the following:
``(i) Registration for Modification.--If there is no individual
contestant or child residing in the issuing State, the party or support
enforcement agency seeking to modify, or to modify and enforce, a child
support order issued in another State shall register that order in a
State with jurisdiction over the nonmovant for the purpose of
modification.''.
SEC. 14723. ADMINISTRATIVE ENFORCEMENT IN INTERSTATE CASES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 14715 and
14717(a) of this Act, is amended by adding at the end the following:
``(14) Administrative enforcement in interstate cases.--
Procedures under which--
``(A)(i) the State shall respond within 5 business
days to a request made by another State to enforce a
support order; and
``(ii) the term `business day' means a day on which
State offices are open for regular business;
``(B) the State may, by electronic or other means,
transmit to another State a request for assistance in a
case involving the enforcement of a support order,
which request--
``(i) shall include such information as
will enable the State to which the request is
transmitted to compare the information about
the case to the information in the data bases
of the State; and
``(ii) shall constitute a certification by
the requesting State--
``(I) of the amount of support
under the order the payment of which is
in arrears; and
``(II) that the requesting State
has complied with all procedural due
process requirements applicable to the
case;
``(C) if the State provides assistance to another
State pursuant to this paragraph with respect to a
case, neither State shall consider the case to be
transferred to the caseload of such other State; and
``(D) the State shall maintain records of--
``(i) the number of such requests for
assistance received by the State;
``(ii) the number of cases for which the
State collected support in response to such a
request; and
``(iii) the amount of such collected
support.''.
SEC. 14724. USE OF FORMS IN INTERSTATE ENFORCEMENT.
(a) Promulgation.--Section 452(a) (42 U.S.C. 652(a)) is amended--
(1) by striking ``and'' at the end of parargraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) not later than June 30, 1996, promulgate forms to be
used by States in interstate cases for--
``(A) collection of child support through income
withholding;
``(B) imposition of liens; and
``(C) administrative subpoenas.''.
(b) Use by States.--Section 454(9) (42 U.S.C. 654(9)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by inserting ``and'' at the end of subparagraph (D);
and
(3) by adding at the end the following:
``(E) no later than October 1, 1996, in using the
forms promulgated pursuant to section 452(a)(11) for
income withholding, imposition of liens, and issuance
of administrative subpoenas in interstate child support
cases;''.
SEC. 14725. STATE LAWS PROVIDING EXPEDITED PROCEDURES.
(a) State Law Requirements.--Section 466 (42 U.S.C. 666), as
amended by section 14714 of this Act, is amended--
(1) in subsection (a)(2), by strking the 1st sentence and
inserting the following: ``Expedited administrative and
judicial procedures (including the procedures specified in
subsection (c)) for establishing paternity and for
establishing, modifying, and enforcing support obligations.'';
and
(2) by inserting after subsection (b) the following:
``(c) Expedited Procedures.--The procedures specified in this
subsection are the following:
``(1) Administrative action by state agency.--Procedures
which give the State agency the authority to take the following
actions relating to establishment or enforcement of support
orders, without the necessity of obtaining an order from any
other judicial or administrative tribunal (but subject to due
process safeguards, including (as appropriate) requirements for
notice, opportunity to contest the action, and opportunity for
an appeal on the record to an independent administrative or
judicial tribunal), and to recognize and enforce the authority
of
State agencies of other States) to take the following actions:
``(A) Genetic testing.--To order genetic testing
for the purpose of paternity establishment as provided
in section 466(a)(5).
``(B) Default orders.--To enter a default order,
upon a showing of service of process and any additional
showing required by State law--
``(i) establishing paternity, in the case
of a putative father who refuses to submit to
genetic testing; and
``(ii) establishing or modifying a support
obligation, in the case of a parent (or other
obligor or obligee) who fails to respond to
notice to appear at a proceeding for such
purpose.
``(C) Subpoenas.--To subpoena any financial or
other information needed to establish, modify, or
enforce a support order, and to impose penalties for
failure to respond to such a subpoena.
``(D) Access to personal and financial
information.--To obtain access, subject to safeguards
on privacy and information security, to the records of
all other State and local government agencies
(including law enforcement and corrections records),
including automated access to records maintained in
automated data bases.
``(E) Change in payee.--In cases where support is
subject to an assignment in order to comply with a
requirement imposed pursuant to part A or section 1912,
or to a requirement to pay through the State
disbursement unit established pursuant to section 454B,
upon providing notice to obligor and obligee, to direct
the obligor or other payor to change the payee to the
appropriate government entity.
``(F) Income withholding.--To order income
withholding in accordance with subsections (a)(1) and
(b) of section 466.
``(G) Securing assets.--In cases in which there is
a support arrearage, to secure assets to satisfy the
arrearage by--
``(i) intercepting or seizing periodic or
lump sum payments from--
``(I) a State or local agency
(including unemployment compensation,
workers' compensation, and other
benefits); and
``(II) judgments, settlements, and
lotteries;
``(ii) attaching and seizing assets of the
obligor held in financial institutions; and
``(iii) attaching public and private
retirement funds.
``(H) Increase monthly payments.--For the purpose
of securing overdue support, to increase the amount of
monthly support payments to include amounts for
arrearages (subject to such conditions or limitations
as the State may provide).
``(2) Substantive and procedural rules.--The expedited
procedures required under subsection (a)(2) shall include the
following rules and authority, applicable with respect to all
proceedings to establish paternity or to establish, modify, or
enforce support orders:
``(A) Locator information; presumptions concerning
notice.--Procedures under which--
``(i) each party to any paternity or child
support proceeding is required (subject to
privacy safeguards) to file with the tribunal
and the State case registry upon entry of an
order, and to update as appropriate,
information on location and identity of the
party (including social security number,
residential and mailing addresses, telephone
number, driver's license number, and name,
address, and name and telephone number of
employer); and
``(ii) in any subsequent child support
enforcement action between the parties, upon
sufficient showing that diligent effort has
been made to ascertain the location of such a
party, the tribunal may deem State due process
requirements for notice and service of process
to be met with respect to the party, upon
delivery of written notice to the most recent
residential or employer address filed with the
tribunal pursuant to clause (i).
``(B) Statewide jurisdiction.--Procedures under
which--
``(i) the State agency and any
administrative or judicial tribunal with
authority to hear child support and paternity
cases exerts statewide jurisdiction over the
parties; and
``(ii) in a State in which orders are
issued by courts or administrative tribunals, a
case may be transferred between administrative
areas in the State without need for any
additional filing by the petitioner, or service
of process upon the respondent, to retain
jurisdiction over the parties.''.
(b) Automation of State Agency Functions.--Section 454A, as added
by section 745(a)(2) of this Act and as amended by sections 14711 and
14712(c) of this Act, is amended by adding at the end the following:
``(h) Expedited Administrative Procedures.--The automated system
required by this section shall be used, to the maximum extent feasible,
to implement the expedited administrative procedures required by
section 466(c).''.
CHAPTER 4--PATERNITY ESTABLISHMENT
SEC. 14731. STATE LAWS CONCERNING PATERNITY ESTABLISHMENT.
(a) State Laws Required.--Section 466(a)(5) (42 U.S.C. 666(a)(5))
is amended to read as follows:
``(5) Procedures concerning paternity establishment.--
``(A) Establishment process available from birth
until age 18.--
``(i) Procedures which permit the
establishment of the paternity of a child at
any time before the child attains 18 years of
age.
``(ii) As of August 16, 1984, clause (i)
shall also apply to a child for whom paternity
has not been established or for whom a
paternity action was brought but dismissed
because a statute of limitations of less than
18 years was then in effect in the State.
``(B) Procedures concerning genetic testing.--
``(i) Genetic testing required in certain
contested cases.--Procedures under which the
State is required, in a contested paternity
case, to require the child and all other
parties (other than individuals found under
section 454(28) to have good cause for refusing
to cooperate) to submit to genetic tests upon
the request of any such party if the request is
supported by a sworn statement by the party--
``(I) alleging paternity, and
setting forth facts establishing a
reasonable possibility of the requisite
sexual contact between the parties; or
``(II) denying paternity, and
setting forth facts establishing a
reasonable possibility of the
nonexistence of sexual contact between
the parties.
``(ii) Other requirements.--Procedures
which require the State agency, in any case in
which the agency orders genetic testing--
``(I) to pay costs of such tests,
subject to recoupment (where the State
so elects) from the alleged father if
paternity is established; and
``(II) to obtain additional testing
in any case where an original test
result is contested, upon request and
advance payment by the contestant.
``(C) Voluntary paternity acknowledgment.--
``(i) Simple civil process.--Procedures for
a simple civil process for voluntarily
acknowledging paternity under which the State
must provide that, before a mother and a
putative father can sign an acknowledgment of
paternity, the mother and the putative father
must be given notice, orally, in writing, and
in a language that each can understand, of the
alternatives to, the legal consequences of, and
the rights (including, if 1 parent is a minor,
any rights afforded due to minority status) and
responsibilities that arise from, signing the
acknowledgment.
``(ii) Hospital-based program.--Such
procedures must include a hospital-based
program for the voluntary acknowledgment of
paternity focusing on the period immediately
before or after the birth of a child.
``(iii) Paternity establishment services.--
``(I) State-offered services.--Such
procedures must require the State
agency responsible for maintaining
birth records to offer voluntary
paternity establishment services.
``(II) Regulations.--
``(aa) Services offered by
hospitals and birth record
agencies.--The Secretary shall
prescribe regulations governing
voluntary paternity
establishment services offered
by hospitals and birth record
agencies.
``(bb) Services offered by
other entities.--The Secretary
shall prescribe regulations
specifying the types of other
entities that may offer
voluntary paternity
establishment services, and
governing the provision of such
services, which shall include a
requirement that such an entity
must use the same notice
provisions used by, use the
same materials used by, provide
the personnel providing such
services with the same training
provided by, and evaluate the
provision of such services in
the same manner as the
provision of such services is
evaluated by, voluntary
paternity establishment
programs of hospitals and birth
record agencies.
``(iv) Use of federal paternity
acknowledgment affidavit.--Such procedures must
require the State and those required to
establish paternity to use only the affidavit
developed under section 452(a)(7) for the
voluntary acknowledgment of paternity, and to
give full faith and credit to such an affidavit
signed in any other State.
``(D) Status of signed paternity acknowledgment.--
``(i) Legal finding of paternity.--
Procedures under which a signed acknowledgment
of paternity is considered a legal finding of
paternity, subject to the right of any
signatory to rescind the acknowledgment within
60 days.
``(ii) Contest.--Procedures under which,
after the 60-day period referred to in clause
(i), a signed acknowledgment of paternity may
be challenged in court only on the basis of
fraud, duress, or material mistake of fact,
with the burden of proof upon the challenger,
and under which the legal responsibilities
(including child support obligations) of any
signatory arising from the acknowledgment may
not be suspended during the challenge, except
for good cause shown.
``(iii) Rescission.--Procedures under
which, after the 60-day period referred to in
clause (i), a minor who has signed an
acknowledgment of paternity other than in the
presence of a parent or court-appointed
guardian ad litem may rescind the
acknowledgment in a judicial or administrative
proceeding, until the earlier of--
``(I) attaining the age of
majority; or
``(II) the date of the first
judicial or administrative proceeding
brought (after the signing) to
establish a child support obligation,
visitation rights, or custody rights
with respect to the child whose
paternity is the subject of the
acknowledgment, and at which the minor
is represented by a parent or guardian
ad litem, or an attorney.
``(E) Bar on acknowledgment ratification
proceedings.--Procedures under which judicial or
administrative proceedings are not required or
permitted to ratify an unchallenged acknowledgment of
paternity.
``(F) Admissibility of genetic testing results.--
Procedures--
``(i) requiring the admission into
evidence, for purposes of establishing
paternity, of the results of any genetic test
that is--
``(I) of a type generally
acknowledged as reliable by
accreditation bodies designated by the
Secretary; and
``(II) performed by a laboratory
approved by such an accreditation body;
``(ii) requiring an objection to genetic
testing results to be made in writing not later
than a specified number of days before any
hearing at which the results may be introduced
into evidence (or, at State option, not later
than a specified number of days after receipt
of the results); and
``(iii) making the test results admissible
as evidence of paternity without the need for
foundation testimony or other proof of
authenticity or accuracy, unless objection is
made.
``(G) Presumption of paternity in certain cases.--
Procedures which create a rebuttable or, at the option
of the State, conclusive presumption of paternity upon
genetic testing results indicating a threshold
probability that the alleged father is the father of
the child.
``(H) Default orders.--Procedures requiring a
default order to be entered in a paternity case upon a
showing of service of process on the defendant and any
additional showing required by State law.
``(I) No right to jury trial.--Procedures providing
that the parties to an action to establish paternity
are not entitled to a trial by jury.
``(J) Temporary support order based on probable
paternity in contested cases.--Procedures which require
that a temporary order be issued, upon motion by a
party, requiring the provision of child support pending
an administrative or judicial determination of
parentage, where there is clear and convincing evidence
of paternity (on the basis of genetic tests or other
evidence).
``(K) Proof of certain support and paternity
establishment costs.--Procedures under which bills for
pregnancy, childbirth, and genetic testing are
admissible as evidence without requiring third-party
foundation testimony, and shall constitute prima facie
evidence of amounts incurred for such services or for
testing on behalf of the child.
``(L) Standing of putative fathers.--Procedures
ensuring that the putative father has a reasonable
opportunity to initiate a paternity action.
``(M) Filing of acknowledgments and adjudications
in state registry of birth records.--Procedures under
which voluntary acknowledgments and adjudications of
paternity by judicial or administrative processes are
filed with the State registry of birth records for
comparison with information in the State case
registry.''.
(b) National Paternity Acknowledgment Affidavit.--Section 452(a)(7)
(42 U.S.C. 652(a)(7)) is amended by inserting ``, and develop an
affidavit to be used for the voluntary acknowledgment of paternity
which shall include the social security number of each parent'' before
the semicolon.
(c) Technical Amendment.--Section 468 (42 U.S.C. 668) is amended by
striking ``a simple civil process for voluntarily acknowledging
paternity and''.
SEC. 14732. OUTREACH FOR VOLUNTARY PATERNITY ESTABLISHMENT.
Section 454(23) (42 U.S.C. 654(23)) is amended by inserting ``and
will publicize the availability and encourage the use of procedures for
voluntary establishment of paternity and child support by means the
State deems appropriate'' before the semicolon.
SEC. 14733. COOPERATION BY APPLICANTS FOR AND RECIPIENTS OF TEMPORARY
FAMILY ASSISTANCE.
Section 454 (42 U.S.C. 654), as amended by sections 14703(a),
14712(a), and 14713(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and
inserting ``; and''; and
(3) by inserting after paragraph (27) the following:
``(28) provide that the State agency responsible for
administering the State plan--
``(A) shall require each individual who has applied
for or is receiving assistance under the State program
funded under part A to cooperate with the State in
establishing the paternity of, and in establishing,
modifying, or enforcing a support order for, any child
of the individual by providing the State agency with
the name of, and such other information as the State
agency may require with respect to, the father of the
child, subject to such good cause and other exceptions
as the State may establish; and
``(B) may require the individual and the child to
submit to genetic tests.''.
CHAPTER 5--PROGRAM ADMINISTRATION AND FUNDING
SEC. 14741. FEDERAL MATCHING PAYMENTS.
(a) Increased Base Matching Rate.--Section 455(a)(2) (42 U.S.C.
655(a)(2)) is amended to read as follows:
``(2) The percent specified in this paragraph for any quarter is 66
percent.''.
(b) Maintenance of Effort.--Section 455 (42 U.S.C. 655) is
amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by striking ``From'' and inserting ``Subject
to subsection (c), from''; and
(2) by inserting after subsection (b) the following:
``(c) Maintenance of Effort.--Notwithstanding subsection (a), the
total expenditures under the State plan approved under this part for
fiscal year 1997 and each succeeding fiscal year, reduced by the
percentage specified in paragraph (2) for the fiscal year shall not be
less than such total expenditures for fiscal year 1996, reduced by 66
percent.''.
SEC. 14742. PERFORMANCE-BASED INCENTIVES AND PENALTIES.
(a) Incentive Adjustments to Federal Matching Rate.--Section 458
(42 U.S.C. 658) is amended to read as follows:
``SEC. 458. INCENTIVE ADJUSTMENTS TO MATCHING RATE.
``(a) Incentive Adjustments.--
``(1) In general.--Beginning with fiscal year 1999, the
Secretary shall increase the percent specified in section
455(a)(2) that applies to payments to a State under section
455(a)(1)(A) for each quarter in a fiscal year by a factor
reflecting the sum of the applicable incentive adjustments (if
any) determined in accordance with regulations under this
section with respect to the paternity establishment percentage
of the State for the immediately preceding fiscal year and with
respect to overall performance of the State in child support
enforcement during such preceding fiscal year.
``(2) Standards.--
``(A) In general.--The Secretary shall specify in
regulations--
``(i) the levels of accomplishment, and
rates of improvement as alternatives to such
levels, which a State must attain to qualify
for an incentive adjustment under this section;
and
``(ii) the amounts of incentive adjustment
that shall be awarded to a State that achieves
specified accomplishment or improvement levels,
which amounts shall be graduated, ranging up
to--
``(I) 12 percentage points, in
connection with paternity
establishment; and
``(II) 12 percentage points, in
connection with overall performance in
child support enforcement.
``(B) Limitation.--In setting performance standards
pursuant to subparagraph (A)(i) and adjustment amounts
pursuant to subparagraph (A)(ii), the Secretary shall
ensure that the aggregate number of percentage point
increases as incentive adjustments to all States do not
exceed such aggregate increases as assumed by the
Secretary in estimates of the cost of this section as
of June 1994, unless the aggregate performance of all
States exceeds the projected aggregate performance of
all States in such cost estimates.
``(3) Determination of incentive adjustment.--The Secretary
shall determine the amount (if any) of the incentive adjustment
due each State on the basis of the data submitted by the State
pursuant to section 454(15)(B) concerning the levels of
accomplishment (and rates of improvement) with respect to
performance indicators specified by the Secretary pursuant to
this section.
``(4) Recycling of incentive adjustment.--A State to which
funds are paid by the Federal Government as a result of an
incentive adjustment under this section shall expend the funds
in the State program under this part within 2 years after the
date of the payment.
``(b) Definitions.--As used in this section:
``(1) Paternity establishment percentage.--The term
`paternity establishment percentage' means, with respect to a
State and a fiscal year--
``(A) the total number of children in the State who
were born out of wedlock, who have not attained 1 year
of age and for whom paternity is established or
acknowledged during the fiscal year; divided by
``(B) the total number of children born out of
wedlock in the State during the fiscal year.
``(2) Overall performance in child support enforcement.--
The term `overall performance in child support enforcement'
means a measure or measures of the effectiveness of the State
agency in a fiscal year which takes into account factors
including--
``(A) the percentage of cases requiring a support
order in which such an order was established;
``(B) the percentage of cases in which child
support is being paid;
``(C) the ratio of child support collected to child
support due; and
``(D) the cost-effectiveness of the State program,
as determined in accordance with standards established
by the Secretary in regulations (after consultation
with the States).''.
(b) Conforming Amendments.--Section 454(22) (42 U.S.C. 654(22)) is
amended--
(1) by striking ``incentive payments'' the 1st place such
term appears and inserting ``incentive adjustments''; and
(2) by striking ``any such incentive payments made to the
State for such period'' and inserting ``any increases in
Federal payments to the State resulting from such incentive
adjustments''.
(c) Calculation of IV-D Paternity Establishment Percentage.--
(1) Section 452(g)(1) (42 U.S.C. 652(g)(1)) is amended--
(A) in the matter preceding subparagraph (A) by
inserting ``its overall performance in child support
enforcement is satisfactory (as defined in section
458(b) and regulations of the Secretary), and'' after
``1994,''; and
(B) in each of subparagraphs (A) and (B), by
striking ``75'' and inserting ``90''.
(2) Section 452(g)(2)(A) (42 U.S.C. 652(g)(2)(A)) is
amended in the matter preceding clause (i)--
(A) by striking ``paternity establishment
percentage'' and inserting ``IV-D paternity
establishment percentage''; and
(B) by striking ``(or all States, as the case may
be)''.
(3) Section 452(g)(3) (42 U.S.C. 652(g)(3)) is amended--
(A) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively;
(B) in subparagraph (A) (as so redesignated), by
striking ``the percentage of children born out-of-
wedlock in a State'' and inserting ``the percentage of
children in a State who are born out of wedlock or for
whom support has not been established''; and
(C) in subparagraph (B) (as so redesignated)--
(i) by inserting ``and overall performance
in child support enforcement'' after
``paternity establishment percentages''; and
(ii) by inserting ``and securing support''
before the period.
(d) Effective Dates.--
(1) Incentive adjustments.--(A) The amendments made by
subsections (a) and (b) shall become effective on October 1,
1997, except to the extent provided in subparagraph (B).
(B) Section 458 of the Social Security Act, as in effect
prior to the enactment of this section, shall be effective for
purposes of incentive payments to States for fiscal years
before fiscal year 1999.
(2) Penalty reductions.--The amendments made by subsection
(c) shall become effective with respect to calendar quarters
beginning on and after the date of the enactment of this Act.
SEC. 14743. FEDERAL AND STATE REVIEWS AND AUDITS.
(a) State Agency Activities.--Section 454 (42 U.S.C. 654) is
amended--
(1) in paragraph (14), by striking ``(14)'' and inserting
``(14)(A)'';
(2) by redesignating paragraph (15) as subparagraph (B) of
paragraph (14); and
(3) by inserting after paragraph (14) the following:
``(15) provide for--
``(A) a process for annual reviews of and reports
to the Secretary on the State program operated under
the State plan approved under this part, which shall
include such information as may be necessary to measure
State compliance with Federal requirements for
expedited procedures and timely case processing, using
such standards and procedures as are required by the
Secretary, under which the State agency will determine
the extent to which the program is operated in
compliance with this part; and
``(B) a process of extracting from the automated
data processing system required by paragraph (16) and
transmitting to the Secretary data and calculations
concerning the levels of accomplishment (and rates of
improvement) with respect to applicable performance
indicators (including IV-D paternity establishment
percentages and overall performance in child support
enforcement) to the extent necessary for purposes of
sections 452(g) and 458.''.
(b) Federal Activities.--Section 452(a)(4) (42 U.S.C. 652(a)(4)) is
amended to read as follows:
``(4)(A) review data and calculations transmitted by State
agencies pursuant to section 454(15)(B) on State program
accomplishments with respect to performance indicators for
purposes of subsection (g) of this section and section 458;
``(B) review annual reports submitted pursuant to section
454(15)(A) and, as appropriate, provide to the State comments,
recommendations for additional or alternative corrective
actions, and technical assistance; and
``(C) conduct audits, in accordance with the government
auditing standards of the Comptroller General of the United
States--
``(i) at least once every 3 years (or more
frequently, in the case of a State which fails to meet
the requirements of this part, concerning performance
standards and reliability of program data) to assess
the completeness, reliability, and security of the
data, and the accuracy of the reporting systems, used
in calculating performance indicators under subsection
(g) of this section and section 458;
``(ii) of the adequacy of financial management of
the State program operated under the State plan
approved under this part, including assessments of--
``(I) whether Federal and other funds made
available to carry out the State program are
being appropriately expended, and are properly
and fully accounted for; and
``(II) whether collections and
disbursements of support payments are carried
out correctly and are fully accounted for; and
``(iii) for such other purposes as the Secretary
may find necessary;''.
(c) Effective Date.--The amendments made by this section shall be
effective with respect to calendar quarters beginning 12 months or more
after the date of the enactment of this section.
SEC. 14744. REQUIRED REPORTING PROCEDURES.
(a) Establishment.--Section 452(a)(5) (42 U.S.C. 652(a)(5)) is
amended by inserting ``, and establish procedures to be followed by
States for collecting and reporting information required to be provided
under this part, and establish uniform definitions (including those
necessary to enable the measurement of State compliance with the
requirements of this part relating to expedited processes and timely
case processing) to be applied in following such procedures'' before
the semicolon.
(b) State Plan Requirement.--Section 454 (42 U.S.C. 654), as
amended by sections 14703(a), 14712(a), 14713(a), and 14733 of this
Act, is amended--
(1) by striking ``and'' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and
inserting ``; and''; and
(3) by adding after paragraph (28) the following:
``(29) provide that the State shall use the definitions
established under section 452(a)(5) in collecting and reporting
information as required under this part.''.
SEC. 14745. AUTOMATED DATA PROCESSING REQUIREMENTS.
(a) Revised Requirements.--
(1) Section 454(16) (42 U.S.C. 654(16)) is amended--
(A) by striking ``, at the option of the State,'';
(B) by inserting ``and operation by the State
agency'' after ``for the establishment'';
(C) by inserting ``meeting the requirements of
section 454A'' after ``information retrieval system'';
(D) by striking ``in the State and localities
thereof, so as (A)'' and inserting ``so as'';
(E) by striking ``(i)''; and
(F) by striking ``(including'' and all that follows
and inserting a semicolon.
(2) Part D of title IV (42 U.S.C. 651-669) is amended by
inserting after section 454 the following:
``SEC. 454A. AUTOMATED DATA PROCESSING.
``(a) In General.--In order for a State to meet the requirements of
this section, the State agency administering the State program under
this part shall have in operation a single statewide automated data
processing and information retrieval system which has the capability to
perform the tasks specified in this section with the frequency and in
the manner required by or under this part.
``(b) Program Management.--The automated system required by this
section shall perform such functions as the Secretary may specify
relating to management of the State program under this part,
including--
``(1) controlling and accounting for use of Federal, State,
and local funds in carrying out the program; and
``(2) maintaining the data necessary to meet Federal
reporting requirements under this part on a timely basis.
``(c) Calculation of Performance Indicators.--In order to enable
the Secretary to determine the incentive and penalty adjustments
required by sections 452(g) and 458, the State agency shall--
``(1) use the automated system--
``(A) to maintain the requisite data on State
performance with respect to paternity establishment and
child support enforcement in the State; and
``(B) to calculate the IV-D paternity establishment
percentage and overall performance in child support
enforcement for the State for each fiscal year; and
``(2) have in place systems controls to ensure the
completeness, and reliability of, and ready access to, the data
described in paragraph (1)(A), and the accuracy of the
calculations described in paragraph (1)(B).
``(d) Information Integrity and Security.--The State agency shall
have in effect safeguards on the integrity, accuracy, and completeness
of, access to, and use of data in the automated system required by this
section, which shall include the following (in addition to such other
safeguards as the Secretary may specify in regulations):
``(1) Policies restricting access.--Written policies
concerning access to data by State agency
personnel, and sharing of data with other persons, which--
``(A) permit access to and use of data only to the
extent necessary to carry out the State program under
this part; and
``(B) specify the data which may be used for
particular program purposes, and the personnel
permitted access to such data.
``(2) Systems controls.--Systems controls (such as
passwords or blocking of fields) to ensure strict adherence to
the policies described in paragraph (1).
``(3) Monitoring of access.--Routine monitoring of access
to and use of the automated system, through methods such as
audit trails and feedback mechanisms, to guard against and
promptly identify unauthorized access or use.
``(4) Training and information.--Procedures to ensure that
all personnel (including State and local agency staff and
contractors) who may have access to or be required to use
confidential program data are informed of applicable
requirements and penalties (including those in section 6103 of
the Internal Revenue Code of 1986), and are adequately trained
in security procedures.
``(5) Penalties.--Administrative penalties (up to and
including dismissal from employment) for unauthorized access
to, or disclosure or use of, confidential data.''.
(3) Regulations.--The Secretary of Health and Human
Services shall prescribe final regulations for implementation
of section 454A of the Social Security Act not later than 2
years after the date of the enactment of this Act.
(4) Implementation timetable.--Section 454(24) (42 U.S.C.
654(24)), as amended by sections 14703(a)(2) and 14712(a)(1) of
this Act, is amended to read as follows:
``(24) provide that the State will have in effect an
automated data processing and information retrieval system--
``(A) by October 1, 1995, which meets all
requirements of this part which were enacted on or
before the date of enactment of the Family Support Act
of 1988; and
``(B) by October 1, 1999, which meets all
requirements of this part enacted on or before the date
of the enactment of the Personal Responsibility Act of
1995, except that such deadline shall be extended by 1
day for each day (if any) by which the Secretary fails
to meet the deadline imposed by section 14745(a)(3) of
the Personal Responsibility Act of 1995.''.
(b) Special Federal Matching Rate for Development Costs of
Automated Systems.--
(1) In general.--Section 455(a) (42 U.S.C. 655(a)) is
amended--
(A) in paragraph (1)(B)--
(i) by striking ``90 percent'' and
inserting ``the percent specified in paragraph
(3)'';
(ii) by striking ``so much of''; and
(iii) by striking ``which the Secretary''
and all that follows and inserting ``, and'';
and
(B) by adding at the end the following:
``(3)(A) The Secretary shall pay to each State, for each quarter in
fiscal year 1996, 90 percent of so much of the State expenditures
described in paragraph (1)(B) as the Secretary finds are for a system
meeting the requirements specified in section 454(16).
``(B)(i) The Secretary shall pay to each State, for each quarter in
fiscal years 1997 through 2001, the percentage specified in clause (ii)
of so much of the State expenditures described in paragraph (1)(B) as
the Secretary finds are for a system meeting the requirements of
sections 454(16) and 454A.
``(ii) The percentage specified in this clause is the greater of--
``(I) 80 percent; or
``(II) the percentage otherwise applicable to Federal
payments to the State under subparagraph (A) (as adjusted
pursuant to section 458).''.
(2) Temporary limitation on payments under special federal
matching rate.--
(A) In general.--The Secretary of Health and Human
Services may not pay more than $260,000,000 in the
aggregate under section 455(a)(3) of the Social
Security Act for fiscal years 1996, 1997, 1998, 1999,
and 2000.
(B) Allocation of limitation among states.--The
total amount payable to a State under section 455(a)(3)
of such Act for fiscal years 1996, 1997, 1998, 1999,
and 2000 shall not exceed the limitation determined for
the State by the Secretary of Health and Human Services
in regulations.
(C) Allocation formula.--The regulations referred
to in subparagraph (B) shall prescribe a formula for
allocating the amount specified in subparagraph (A)
among States with plans approved under part D of title
IV of the Social Security Act, which shall take into
account--
(i) the relative size of State caseloads
under such part; and
(ii) the level of automation needed to meet
the automated data processing requirements of
such part.
(c) Conforming Amendment.--Section 123(c) of the Family Support Act
of 1988 (102 Stat. 2352; Public Law 100-485) is repealed.
SEC. 14746. TECHNICAL ASSISTANCE.
(a) For Training of Federal and State Staff, Research and
Demonstration Programs, and Special Projects of Regional or National
Significance.--Section 452 (42 U.S.C. 652) is amended by adding at the
end the following:
``(j) Out of any money in the Treasury of the United States not
otherwise appropriated, there is hereby appropriated to the Secretary
for each fiscal year an amount equal to 1 percent of the total amount
paid to the Federal Government pursuant to section 457(a) during the
immediately preceding fiscal year (as determined on the basis of the
most recent reliable data available to the Secretary
as of the end of the 3rd calendar quarter following the end of such
preceding fiscal year), to cover costs incurred by the Secretary for--
``(1) information dissemination and technical assistance to
States, training of State and Federal staff, staffing studies,
and related activities needed to improve programs under this
part (including technical assistance concerning State automated
systems required by this part); and
``(2) research, demonstration, and special projects of
regional or national significance relating to the operation of
State programs under this part.''.
(b) Operation of Federal Parent Locator Service.--Section 453 (42
U.S.C. 653), as amended by section 14716(e) of this Act, is amended by
adding at the end the following:
``(n) Out of any money in the Treasury of the United States not
otherwise appropriated, there is hereby appropriated to the Secretary
for each fiscal year an amount equal to 2 percent of the total amount
paid to the Federal Government pursuant to section 457(a) during the
immediately preceding fiscal year (as determined on the basis of the
most recent reliable data available to the Secretary as of the end of
the 3rd calendar quarter following the end of such preceding fiscal
year), to cover costs incurred by the Secretary for operation of the
Federal Parent Locator Service under this section, to the extent such
costs are not recovered through user fees.''.
SEC. 14747. REPORTS AND DATA COLLECTION BY THE SECRETARY.
(a) Annual Report to Congress.--
(1) Section 452(a)(10)(A) (42 U.S.C. 652(a)(10)(A)) is
amended--
(A) by striking ``this part;'' and inserting ``this
part, including--''; and
(B) by adding at the end the following:
``(i) the total amount of child support
payments collected as a result of services
furnished during the fiscal year to individuals
receiving services under this part;
``(ii) the cost to the States and to the
Federal Government of so furnishing the
services; and
``(iii) the number of cases involving
families--
``(I) who became ineligible for
assistance under State programs funded
under part A during a month in the
fiscal year; and
``(II) with respect to whom a child
support payment was received in the
month;''.
(2) Section 452(a)(10)(C) (42 U.S.C. 652(a)(10)(C)) is
amended--
(A) in the matter preceding clause (i)--
(i) by striking ``with the data required
under each clause being separately stated for
cases'' and inserting ``separately stated for
(1) cases'';
(ii) by striking ``cases where the child
was formerly receiving'' and inserting ``or
formerly received'';
(iii) by inserting ``or 1912'' after
``471(a)(17)''; and
(iv) by inserting ``(2)'' before ``all
other'';
(B) in each of clauses (i) and (ii), by striking
``, and the total amount of such obligations'';
(C) in clause (iii), by striking ``described in''
and all that follows and inserting ``in which support
was collected during the fiscal year;'';
(D) by striking clause (iv);
(E) by redesignating clause (v) as clause (vii),
and inserting after clause (iii) the following:
``(iv) the total amount of support
collected during such fiscal year and
distributed as current support;
``(v) the total amount of support collected
during such fiscal year and distributed as
arrearages;
``(vi) the total amount of support due and
unpaid for all fiscal years; and''.
(3) Section 452(a)(10)(G) (42 U.S.C. 652(a)(10)(G)) is
amended by striking ``on the use of Federal courts and''.
(4) Section 452(a)(10) (42 U.S.C. 652(a)(10)) is amended by
striking all that follows subparagraph (I).
(b) Effective Date.--The amendments made by subsection (a) shall be
effective with respect to fiscal year 1996 and succeeding fiscal years.
CHAPTER 6--ESTABLISHMENT AND MODIFICATION OF SUPPORT ORDERS
SEC. 14751. SIMPLIFIED PROCESS FOR REVIEW AND ADJUSTMENT OF CHILD
SUPPORT ORDERS.
Section 466(a)(10) (42 U.S.C. 666(a)(10)) is amended to read as
follows:
``(10) Review and adjustment of support orders.--Procedures
under which the State shall review and adjust each support
order being enforced under this part. Such procedures shall
provide the following:
``(A) The State shall review and, as appropriate,
adjust the support order every 3 years, taking into
account the best interests of the child involved.
``(B)(i) The State may elect to review and, if
appropriate, adjust an order pursuant to subparagraph
(A) by--
``(I) reviewing and, if appropriate,
adjusting the order in accordance with the
guidelines established pursuant to section
467(a) if the amount of the child support award
under the order differs from the amount that
would be awarded in accordance with the
guidelines; or
``(II) applying a cost-of-living adjustment
to the order in accordance with a formula
developed by the State and permit either party
to contest the adjustment, within 30 days after
the date of the notice of the adjustment, by
making a request for review and, if
appropriate, adjustment of the order in
accordance with the child support guidelines
established pursuant to section 467(a).
``(ii) Any adjustment under clause (i) shall be
made without a requirement for proof or showing of a
change in circumstances.
``(C) The State may use automated methods
(including automated comparisons with wage or State
income tax data) to identify orders eligible for
review, conduct the review, identify orders eligible
for adjustment, apply the appropriate adjustment to the
orders eligible for adjustment under the threshold
established by the State.
``(D) The State shall, at the request of either
parent subject to such an order or of any State child
support enforcement agency, review and, if appropriate,
adjust the order in accordance with the guidelines
established pursuant to section 467(a) based upon a
substantial change in the circumstances of either
parent.
``(E) The State shall provide notice to the parents
subject to such an order informing them of their right
to request the State to review and, if appropriate,
adjust the order pursuant to subparagraph (D). The
notice may be included in the order.''.
SEC. 14752. FURNISHING CONSUMER REPORTS FOR CERTAIN PURPOSES RELATING
TO CHILD SUPPORT.
Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is
amended by adding at the end the following:
``(4) In response to a request by the head of a State or
local child support enforcement agency (or a State or local
government official authorized by the head of such an agency),
if the person making the request certifies to the consumer
reporting agency that--
``(A) the consumer report is needed for the purpose
of establishing an individual's capacity to make child
support payments or determining the appropriate level
of such payments;
``(B) the person has provided at least 10 days
prior notice to the consumer whose report is requested,
by certified or registered mail to the last known
address of the consumer, that the report will be
requested, and
``(C) the consumer report will be kept
confidential, will be used solely for a purpose
described in subparagraph (A), and will not be used in
connection with any other civil, administrative, or
criminal proceeding, or for any other purpose.
``(5) To an agency administering a State plan under section
454 of the Social Security Act (42 U.S.C. 654) for use to set
an initial or modified child support award.''.
CHAPTER 7--ENFORCEMENT OF SUPPORT ORDERS
SEC. 14761. FEDERAL INCOME TAX REFUND OFFSET.
(a) Changed Order of Refund Distribution Under Internal Revenue
Code.--
(1) Subsection (c) of section 6402 of the Internal Revenue
Code of 1986 is amended by striking the third sentence and
inserting the following new sentences: ``A reduction under this
subsection shall be after any other reduction allowed by
subsection (d) with respect to the Department of Health and
Human Services and the Department of Education with respect to
a student loan and before any other reduction allowed by law
and before such overpayment is credited to the future liability
for tax of such person pursuant to subsection (b). A reduction
under this subsection shall be assigned to the State with
respect to past-due support owed to individuals for periods
such individuals were receiving assistance under part A or B of
title IV of the Social Security Act only after satisfying all
other past-due support.''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended--
(A) by striking ``Any overpayment'' and inserting
``Except in the case of past-due legally enforceable
debts owed to the Department of Health and Human
Services or to the Department of Education with respect
to a student loan, any overpayment''; and
(B) by striking ``with respect to past-due support
collected pursuant to an assignment under section
402(a)(26) of the Social Security Act''.
(b) Elimination of Disparities in Treatment of Assigned and Non-
Assigned Arrearages.--
(1) Section 464(a) (42 U.S.C. 664(a)) is amended--
(A) by striking ``(a)'' and inserting ``(a) Offset
Authorized.--'';
(B) in paragraph (1)--
(i) in the 1st sentence, by striking
``which has been assigned to such State
pursuant to section 402(a)(26) or section
471(a)(17)''; and
(ii) in the 2nd sentence, by striking ``in
accordance with section 457(b)(4) or (d)(3)''
and inserting ``as provided in paragraph (2)'';
(C) by striking paragraph (2) and inserting the
following:
``(2) The State agency shall distribute amounts paid by the
Secretary of the Treasury pursuant to paragraph (1)--
``(A) in accordance with section 457(a), in the case of
past-due support assigned to a State pursuant to requirements
imposed pursuant to section 405(a)(8); and
``(B) to or on behalf of the child to whom the support was
owed, in the case of past-due support not so assigned.''; and
(D) in paragraph (3)--
(i) by striking ``or (2)'' each place such
term appears; and
(ii) in subparagraph (B), by striking
``under paragraph (2)'' and inserting ``on
account of past-due support described in
paragraph (2)(B)''.
(2) Section 464(b) (42 U.S.C. 664(b)) is amended--
(A) by striking ``(b)(1)'' and inserting the
following:
``(b) Regulations.--''; and
(B) by striking paragraph (2).
(3) Section 464(c) (42 U.S.C. 664(c)) is amended--
(A) by striking ``(c)(1) Except as provided in
paragraph (2), as'' and inserting the following:
``(c) Definition.--As''; and
(B) by striking paragraphs (2) and (3).
SEC. 14762. AUTHORITY TO COLLECT SUPPORT FROM FEDERAL EMPLOYEES.
(a) Consolidation and Streamlining of Authorities.--Section 459 (42
U.S.C. 659) is amended to read as follows:
``SEC. 459. CONSENT BY THE UNITED STATES TO INCOME WITHHOLDING,
GARNISHMENT, AND SIMILAR PROCEEDINGS FOR ENFORCEMENT OF
CHILD SUPPORT AND ALIMONY OBLIGATIONS.
``(a) Consent to Support Enforcement.--Notwithstanding any other
provision of law (including section 207 of this Act and section 5301 of
title 38, United States Code), effective January 1, 1975, moneys (the
entitlement to which is based upon remuneration for employment) due
from, or payable by, the United States or the District of Columbia
(including any agency, subdivision, or instrumentality thereof) to any
individual, including members of the Armed Forces of the United States,
shall be subject, in like manner and to the same extent as if the
United States or the District of Columbia were a private person, to
withholding in accordance with State law enacted pursuant to
subsections (a)(1) and (b) of section 466 and regulations of the
Secretary under such subsections, and to any other legal process
brought, by a State agency administering a program under a State plan
approved under this part or by an individual obligee, to enforce the
legal obligation of the individual to provide child support or alimony.
``(b) Consent to Requirements Applicable to Private Person.--With
respect to notice to withhold income pursuant to subsection (a)(1) or
(b) of section 466, or any other order or process to enforce support
obligations against an individual (if the order or process contains or
is accompanied by sufficient data to permit prompt identification of
the individual and the moneys involved), each governmental entity
specified in subsection (a) shall be subject to the same requirements
as would apply if the entity were a private person, except as otherwise
provided in this section.
``(c) Designation of Agent; Response to Notice or Process--
``(1) Designation of agent.--The head of each agency
subject to this section shall--
``(A) designate an agent or agents to receive
orders and accept service of process in matters
relating to child support or alimony; and
``(B) annually publish in the Federal Register the
designation of the agent or agents, identified by title
or position, mailing address, and telephone number.
``(2) Response to notice or process.--If an agent
designated pursuant to paragraph (1) of this subsection
receives notice pursuant to State procedures in effect pursuant
to subsection (a)(1) or (b) of section 466, or is effectively
served with any order, process, or interrogatory, with respect
to an individual's child support or alimony payment
obligations, the agent shall--
``(A) as soon as possible (but not later than 15
days) thereafter, send written notice of the notice or
service (together with a copy of the notice or service)
to the individual at the duty station or last-known
home address of the individual;
``(B) within 30 days (or such longer period as may
be prescribed by applicable State law) after receipt of
a notice pursuant to such State procedures, comply with
all applicable provisions of section 466; and
``(C) within 30 days (or such longer period as may
be prescribed by applicable State law) after effective
service of any other such order, process, or
interrogatory, respond to the order, process, or
interrogatory.
``(d) Priority of Claims.--If a governmental entity specified in
subsection (a) receives notice or is served with process, as provided
in this section, concerning amounts owed by an individual to more than
1 person--
``(1) support collection under section 466(b) must be given
priority over any other process, as provided in section
466(b)(7);
``(2) allocation of moneys due or payable to an individual
among claimants under section 466(b) shall be governed by
section 466(b) and the regulations prescribed under such
section; and
``(3) such moneys as remain after compliance with
paragraphs (1) and (2) shall be available to satisfy any other
such processes on a first-come, first-served basis, with any
such process being satisfied out of such moneys as remain after
the satisfaction of all such processes which have been
previously served.
``(e) No Requirement to Vary Pay Cycles.--A governmental entity
that is affected by legal process served for the enforcement of an
individual's child support or alimony payment obligations shall not be
required to vary its normal pay and disbursement cycle in order to
comply with the legal process.
``(f) Relief From Liability.--
``(1) Neither the United States, nor the government of the
District of Columbia, nor any disbursing officer shall be
liable with respect to any payment made from moneys due or
payable from the United States to any individual pursuant to
legal process regular on its face, if the payment is made in
accordance with this section and the regulations issued to
carry out this section.
``(2) No Federal employee whose duties include taking
actions necessary to comply with the requirements of subsection
(a) with regard to any individual shall be subject under any
law to any disciplinary action or civil or criminal liability
or penalty for, or on account of, any disclosure of information
made by the employee in connection with the carrying out of
such actions.
``(g) Regulations.--Authority to promulgate regulations for the
implementation of this section shall, insofar as this section applies
to moneys due from (or payable by)--
``(1) the United States (other than the legislative or
judicial branches of the Federal Government) or the government
of the District of Columbia, be vested in the President (or the
designee of the President);
``(2) the legislative branch of the Federal Government, be
vested jointly in the President pro tempore of the Senate and
the Speaker of the House of Representatives (or their
designees), and
``(3) the judicial branch of the Federal Government, be
vested in the Chief Justice of the United States (or the
designee of the Chief Justice).
``(h) Moneys Subject to Process.--
``(1) In general.--Subject to paragraph (2), moneys paid or
payable to an individual which are considered to be based upon
remuneration for employment, for purposes of this section--
``(A) consist of--
``(i) compensation paid or payable for
personal services of the individual, whether
the compensation is denominated as wages,
salary, commission, bonus, pay, allowances, or
otherwise (including severance pay, sick pay,
and incentive pay);
``(ii) periodic benefits (including a
periodic benefit as defined in section
228(h)(3)) or other payments--
``(I) under the insurance system
established by title II;
``(II) under any other system or
fund established by the United States
which provides for the payment of
pensions, retirement or retired pay,
annuities, dependents' or survivors'
benefits, or similar amounts payable on
account of personal services performed
by the individual or any other
individual;
``(III) as compensation for death
under any Federal program;
``(IV) under any Federal program
established to provide `black lung'
benefits; or
``(V) by the Secretary of Veterans
Affairs as pension, or as compensation
for a service-connected disability or
death (except any compensation paid by
the Secretary to a member of the Armed
Forces who is in receipt of retired or
retainer pay if the member has waived a
portion of the retired pay of the
member in order to receive the
compensation); and
``(iii) worker's compensation benefits paid
under Federal or State law but
``(B) do not include any payment--
``(i) by way of reimbursement or otherwise,
to defray expenses incurred by the individual
in carrying out duties associated with the
employment of the individual; or
``(ii) as allowances for members of the
uniformed services payable pursuant to chapter
7 of title 37, United States Code, as
prescribed by the Secretaries concerned
(defined by section 101(5) of such title) as
necessary for the efficient performance of
duty.
``(2) Certain amounts excluded.--In determining the amount
of any moneys due from, or payable by, the United States to any
individual, there shall be excluded amounts which--
``(A) are owed by the individual to the United
States;
``(B) are required by law to be, and are, deducted
from the remuneration or other payment involved,
including Federal employment taxes, and fines and
forfeitures ordered by court-martial;
``(C) are properly withheld for Federal, State, or
local income tax purposes, if the withholding of the
amounts is authorized or required by law and if amounts
withheld are not greater than would be the case if the
individual claimed all dependents to which he was
entitled (the withholding of additional amounts
pursuant to section 3402(i) of the Internal Revenue
Code of 1986 may be permitted only when the individual
presents evidence of a tax obligation which supports
the additional withholding);
``(D) are deducted as health insurance premiums;
``(E) are deducted as normal retirement
contributions (not including amounts deducted for
supplementary coverage); or
``(F) are deducted as normal life insurance
premiums from salary or other remuneration for
employment (not including amounts deducted for
supplementary coverage).
``(i) Definitions.--As used in this section:
``(1) United states.--The term `United States' includes any
department, agency, or instrumentality of the legislative,
judicial, or executive branch of the Federal Government, the
United
States Postal Service, the Postal Rate Commission, any Federal
corporation created by an Act of Congress that is wholly owned by the
Federal Government, and the governments of the territories and
possessions of the United States.
``(2) Child support.--The term `child support', when used
in reference to the legal obligations of an individual to
provide such support, means periodic payments of funds for the
support and maintenance of a child or children with respect to
which the individual has such an obligation, and (subject to
and in accordance with State law) includes payments to provide
for health care, education, recreation, clothing, or to meet
other specific needs of such a child or children, and includes
attorney's fees, interest, and court costs, when and to the
extent that the same are expressly made recoverable as such
pursuant to a decree, order, or judgment issued in accordance
with applicable State law by a court of competent jurisdiction.
``(3) Alimony.--The term `alimony', when used in reference
to the legal obligations of an individual to provide the same,
means periodic payments of funds for the support and
maintenance of the spouse (or former spouse) of the individual,
and (subject to and in accordance with State law) includes
separate maintenance, alimony pendente lite, maintenance, and
spousal support, and includes attorney's fees, interest, and
court costs when and to the extent that the same are expressly
made recoverable as such pursuant to a decree, order, or
judgment issued in accordance with applicable State law by a
court of competent jurisdiction. Such term does not include any
payment or transfer of property or its value by an individual
to the spouse or a former spouse of the individual in
compliance with any community property settlement, equitable
distribution of property, or other division of property between
spouses or former spouses.
``(4) Private person.--The term `private person' means a
person who does not have sovereign or other special immunity or
privilege which causes the person not to be subject to legal
process.
``(5) Legal process.--The term `legal process' means any
writ, order, summons, or other similar process in the nature of
garnishment--
``(A) which is issued by--
``(i) a court of competent jurisdiction in
any State, territory, or possession of the
United States;
``(ii) a court of competent jurisdiction in
any foreign country with which the United
States has entered into an agreement which
requires the United States to honor the
process; or
``(iii) an authorized official pursuant to
an order of such a court of competent
jurisdiction or pursuant to State or local law;
and
``(B) which is directed to, and the purpose of
which is to compel, a governmental entity which holds
moneys which are otherwise payable to an individual to
make a payment from the moneys to another party in
order to satisfy a legal obligation of the individual
to provide child support or make alimony payments.''.
(b) Conforming Amendments.--
(1) To part d of title iv.--Sections 461 and 462 (42 U.S.C.
661 and 662) are repealed.
(2) To title 5, united states code.--Section 5520a of title
5, United States Code, is amended, in subsections (h)(2) and
(i), by striking ``sections 459, 461, and 462 of the Social
Security Act (42 U.S.C. 659, 661, and 662)'' and inserting
``section 459 of the Social Security Act (42 U.S.C. 659)''.
(c) Military Retired and Retainer Pay.--
(1) Definition of court.--Section 1408(a)(1) of title 10,
United States Code, is amended--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding after subparagraph (C) the following:
``(D) any administrative or judicial tribunal of a
State competent to enter orders for support or
maintenance (including a State agency administering a
program under a State plan approved under part D of
title IV of the Social Security Act), and, for purposes
of this subparagraph, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, and American Samoa.''.
(2) Definition of court order.--Section 1408(a)(2) of such
title is amended by inserting ``or a court order for the
payment of child support not included in or accompanied by such
a decree or settlement,'' before ``which--''.
(3) Public payee.--Section 1408(d) of such title is
amended--
(A) in the heading, by inserting ``(or for Benefit
of)'' before ``Spouse or''; and
(B) in paragraph (1), in the first sentence, by
inserting ``(or for the benefit of such spouse or
former spouse to a State disbursement unit established
pursuant to section 454B of the Social Security Act or
other public payee designated by a State, in accordance
with part D of title IV of the Social Security Act, as
directed by court order, or as otherwise directed in
accordance with such part D)'' before ``in an amount
sufficient''.
(4) Relationship to part d of title iv.--Section 1408 of
such title is amended by adding at the end the following:
``(j) Relationship to Other Laws.--In any case involving an order
providing for payment of child support (as defined in section 459(i)(2)
of the Social Security Act) by a member who has never been married to
the other parent of the child, the provisions of this section shall not
apply, and the case shall be subject to the provisions of section 459
of such Act.''.
(d) Effective Date.--The amendments made by this section shall
become effective 6 months after the date of the enactment of this Act.
SEC. 14763. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS OF MEMBERS OF THE
ARMED FORCES.
(a) Availability of Locator Information.--
(1) Maintenance of address information.--The Secretary of
Defense shall establish a centralized personnel locator service
that includes the address of each member of the Armed Forces
under the jurisdiction of the Secretary. Upon request of the
Secretary of Transportation, addresses for members of the Coast
Guard shall be included in the centralized personnel locator
service.
(2) Type of address.--
(A) Residential address.--Except as provided in
subparagraph (B), the address for a member of the Armed
Forces shown in the locator service shall be the
residential address of that member.
(B) Duty address.--The address for a member of the
Armed Forces shown in the locator service shall be the
duty address of that member in the case of a member--
(i) who is permanently assigned overseas,
to a vessel, or to a routinely deployable unit;
or
(ii) with respect to whom the Secretary
concerned makes a determination that the
member's residential address should not be
disclosed due to national security or safety
concerns.
(3) Updating of locator information.--Within 30 days after
a member listed in the locator service establishes a new
residential address (or a new duty address, in the case of a
member covered by paragraph (2)(B)), the Secretary concerned
shall update the locator service to indicate the new address of
the member.
(4) Availability of information.--The Secretary of Defense
shall make information regarding the address of a member of the
Armed Forces listed in the locator service available, on
request, to the Federal Parent Locator Service established
under section 453 of the Social Security Act.
(b) Facilitating Granting of Leave for Attendance at Hearings.--
(1) Regulations.--The Secretary of each military
department, and the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service in the
Navy, shall prescribe regulations to facilitate the granting of
leave to a member of the Armed Forces under the jurisdiction of
that Secretary in a case in which--
(A) the leave is needed for the member to attend a
hearing described in paragraph (2);
(B) the member is not serving in or with a unit
deployed in a contingency operation (as defined in
section 101 of title 10, United States Code); and
(C) the exigencies of military service (as
determined by the Secretary concerned) do not otherwise
require that such leave not be granted.
(2) Covered hearings.--Paragraph (1) applies to a hearing
that is conducted by a court or pursuant to an administrative
process established under State law, in connection with a civil
action--
(A) to determine whether a member of the Armed
Forces is a natural parent of a child; or
(B) to determine an obligation of a member of the
Armed Forces to provide child support.
(3) Definitions.--For purposes of this subsection:
(A) The term ``court'' has the meaning given that
term in section 1408(a) of title 10, United States
Code.
(B) The term ``child support'' has the meaning
given such term in section 459(i) of the Social
Security Act (42 U.S.C. 659(i)).
(c) Payment of Military Retired Pay in Compliance With Child
Support Orders.--
(1) Date of certification of court order.--Section 1408 of
title 10, United States Code, as amended by section 14762(c)(4)
of this Act, is amended--
(A) by redesignating subsections (i) and (j) as
subsections (j) and (k), respectively; and
(B) by inserting after subsection (h) the
following:
``(i) Certification Date.--It is not necessary that the date of a
certification of the authenticity or completeness of a copy of a court
order for child support received by the Secretary concerned for the
purposes of this section be recent in relation to the date of receipt
by the Secretary.''.
(2) Payments consistent with assignments of rights to
states.--Section 1408(d)(1) of such title is amended by
inserting after the 1st sentence the following: ``In the case
of a spouse or former spouse who, pursuant to section 405(a)(8)
of the Social Security Act (42 U.S.C. 605(a)(8)), assigns to a
State the rights of the spouse or former spouse to receive
support, the Secretary concerned may make the child support
payments referred to in the preceding sentence to that State in
amounts consistent with that assignment of rights.''.
(3) Arrearages owed by members of the uniformed services.--
Section 1408(d) of such title is amended by adding at the end
the following:
``(6) In the case of a court order for which effective service is
made on the Secretary concerned on or after the date of the enactment
of this paragraph and which provides for payments from the disposable
retired pay of a member to satisfy the amount of child support set
forth in the order, the authority provided in paragraph (1) to make
payments from the disposable retired pay of a member to satisfy the
amount of child support set forth in a court order shall apply to
payment of any amount of child
support arrearages set forth in that order as well as to amounts of
child support that currently become due.''.
(4) Payroll deductions.--The Secretary of Defense shall
begin payroll deductions within 30 days after receiving notice
of withholding, or for the first pay period that begins after
such 30-day period.
SEC. 14764. VOIDING OF FRAUDULENT TRANSFERS.
Section 466 (42 U.S.C. 666), as amended by section 14721 of this
Act, is amended by adding at the end the following:
``(g) Laws Voiding Fraudulent Transfers.--In order to satisfy
section 454(20)(A), each State must have in effect--
``(1)(A) the Uniform Fraudulent Conveyance Act of 1981;
``(B) the Uniform Fraudulent Transfer Act of 1984; or
``(C) another law, specifying indicia of fraud which create
a prima facie case that a debtor transferred income or property
to avoid payment to a child support creditor, which the
Secretary finds affords comparable rights to child support
creditors; and
``(2) procedures under which, in any case in which the
State knows of a transfer by a child support debtor with
respect to which such a prima facie case is established, the
State must--
``(A) seek to void such transfer; or
``(B) obtain a settlement in the best interests of
the child support creditor.''.
SEC. 14765. SENSE OF THE CONGRESS THAT STATES SHOULD SUSPEND DRIVERS',
BUSINESS, AND OCCUPATIONAL LICENSES OF PERSONS OWING
PAST-DUE CHILD SUPPORT.
It is the sense of the Congress that each State should suspend any
driver's license, business license, or occupational license issued to
any person who owes past-due child support.
SEC. 14766. WORK REQUIREMENT FOR PERSONS OWING PAST-DUE CHILD SUPPORT.
Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as
amended by sections 14701(a), 14715, 14717(a), and 14723 of this Act,
is amended by adding at the end the following:
``(16) Procedures to ensure that persons owing past-due
support work or have a plan for payment of such support.--
``(A) Procedures requiring the State, in any case
in which an individual owes past-due support with
respect to a child receiving assistance under a State
program funded under part A, to seek a court order that
requires the individual to--
``(i) pay such support in accordance with a
plan approved by the court; or
``(ii) if the individual is subject to such
a plan and is not incapacitated, participate in
such work activities (as defined in section
404(b)(1)) as the court deems appropriate.
``(B) As used in subparagraph (A), the term `past-
due support' means the amount of a delinquency,
determined under a court order, or an order of an
administrative process established under State law, for
support and maintenance of a child, or of a child and
the parent with whom the child is living.''.
SEC. 14767. DEFINITION OF SUPPORT ORDER.
Section 453 (42 U.S.C. 653) as amended by sections 14716 and
14746(b) of this Act, is amended by adding at the end the following:
``(o) Support Order Defined.--As used in this part, the term
`support order' means an order issued by a court or an administrative
process established under State law that requires support and
maintenance of a child or of a child and the parent with whom the child
is living.''.
SEC. 14768. LIENS.
Section 466(a)(4) (42 U.S.C. 666(a)(4)) is amended to read as
follows:
``(4) Procedures under which--
``(A) liens arise by operation of law against real
and personal property for amounts of overdue support
owed by an absent parent who resides or owns property
in the State; and
``(B) the State accords full faith and credit to
liens described in subparagraph (A) arising in another
State, without registration of the underlying order.''.
SEC. 14769. STATE LAW AUTHORIZING SUSPENSION OF LICENSES.
Section 466(a) (42 U.S.C. 666(a)), as amended by sections 14715,
14717(a), and 14723 of this Act, is amended by adding at the end the
following:
``(15) Authority to withhold or suspend licenses.--
Procedures under which the State has (and uses in appropriate
cases) authority to withhold or suspend, or to restrict the use
of driver's licenses, professional and occupational licenses,
and recreational licenses of individuals owing overdue support
or failing, after receiving appropriate notice, to comply with
subpoenas or warrants relating to paternity or child support
proceedings.''.
CHAPTER 8--MEDICAL SUPPORT
SEC. 14771. TECHNICAL CORRECTION TO ERISA DEFINITION OF MEDICAL CHILD
SUPPORT ORDER.
(a) In General.--Section 609(a)(2)(B) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1169(a)(2)(B)) is amended--
(1) by striking ``issued by a court of competent
jurisdiction'';
(2) by striking the period at the end of clause (ii) and
inserting a comma; and
(3) by adding, after and below clause (ii), the following:
``if such judgment, decree, or order (I) is issued by a
court of competent jurisdiction or (II) is issued
through an administrative process established under
State law and has the force and effect of law under
applicable State law.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Plan amendments not required until january 1, 1996.--
Any amendment to a plan required to be made by an amendment
made by this section shall not be required to be made before
the first plan year beginning on or after January 1, 1996, if--
(A) during the period after the date before the
date of the enactment of this Act and before such first
plan year, the plan is operated in accordance with the
requirements of the amendments made by this section;
and
(B) such plan amendment applies retroactively to
the period after the date before the date of the
enactment of this Act and before such first plan year.
A plan shall not be treated as failing to be operated in
accordance with the provisions of the plan merely because it
operates in accordance with this paragraph.
CHAPTER 9--ENHANCING RESPONSIBILITY AND OPPORTUNITY FOR NON-
RESIDENTIAL PARENTS
SEC. 14781. GRANTS TO STATES FOR ACCESS AND VISITATION PROGRAMS.
Part D of title IV (42 U.S.C. 651-669) is amended by adding at the
end the following:
``SEC. 469A. GRANTS TO STATES FOR ACCESS AND VISITATION PROGRAMS.
``(a) In General.--The Administration for Children and Families
shall make grants under this section to enable States to establish and
administer programs to support and facilitate absent parents' access to
and visitation of their children, by means of activities including
mediation (both voluntary and mandatory), counseling, education,
development of parenting plans, visitation enforcement (including
monitoring, supervision and neutral drop-off and pickup), and
development of guidelines for visitation and alternative custody
arrangements.
``(b) Amount of Grant.--The amount of the grant to be made to a
State under this section for a fiscal year shall be an amount equal to
the lesser of--
``(1) 90 percent of State expenditures during the fiscal
year for activities described in subsection (a); or
``(2) the allotment of the State under subsection (c) for
the fiscal year.
``(c) Allotments to States.--
``(1) In general.--The allotment of a State for a fiscal
year is the amount that bears the same ratio to the amount
appropriated for grants under this section for the fiscal year
as the number of children in the State living with only 1
biological parent bears to the total number of such children in
all States.
``(2) Minimum allotment.--The Administration for Children
and Families shall adjust allotments to States under paragraph
(1) as necessary to ensure that no State is allotted less
than--
``(A) $50,000 for fiscal year 1996 or 1997; or
``(B) $100,000 for any succeeding fiscal year.
``(d) No Supplantation of State Expenditures for Similar
Activities.--A State to which a grant is made under this section may
not use the grant to supplant expenditures by the State for activities
specified in subsection (a), but shall use the grant to supplement such
expenditures at a level at least equal to the level of such
expenditures for fiscal year 1995.
``(e) State Administration.--Each State to which a grant is made
under this section--
``(1) may administer State programs funded with the grant,
directly or through grants to or contracts with courts, local
public agencies, or non-profit private entities;
``(2) shall not be required to operate such programs on a
statewide basis; and
``(3) shall monitor, evaluate, and report on such programs
in accordance with regulations prescribed by the Secretary.''.
CHAPTER 10--EFFECT OF ENACTMENT
SEC. 14791. EFFECTIVE DATES.
(a) In General.--Except as otherwise specifically provided (but
subject to subsections (b) and (c))--
(1) the provisions of this subtitle requiring the enactment
or amendment of State laws under section 466 of the Social
Security Act, or revision of State plans under section 454 of
such Act, shall be effective with respect to periods beginning
on and after October 1, 1996; and
(2) all other provisions of this subtitle shall become
effective upon enactment.
(b) Grace Period for State Law Changes.--The provisions of this
subtitle shall become effective with respect to a State on the later
of--
(1) the date specified in this subtitle, or
(2) the effective date of laws enacted by the legislature
of such State implementing such provisions,
but in no event later than the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date of the enactment of this Act.
For purposes of the previous sentence, in the case of a State that has
a 2-year legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature.
(c) Grace Period for State Constitutional Amendment.--A State shall
not be found out of compliance with any requirement enacted by this
subtitle if the State is unable to so comply without amending the State
constitution until the earlier of--
(1) 1 year after the effective date of the necessary State
constitutional amendment; or
(2) 5 years after the date of the enactment of this
subtitle.
CHAPTER 11--MISCELLANEOUS PROVISIONS
SEC. 14801. SCORING.
Section 251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by adding at the end the following new
subparagraph:
``(H) Special allowance for welfare reform.--For any fiscal
year, the adjustments shall be appropriations for discretionary
programs resulting from the Personal Responsibility Act of 1995
(as described in the joint explanatory statement accompanying a
conference report on that Act) in discretionary accounts and
the outlays flowing in all years from such appropriations (but
not to exceed amounts authorized for those programs by that Act
for that fiscal year) minus appropriations for comparable
discretionary programs for fiscal year 1995 (as described in
the joint explanatory statement accompanying a conference
report on that Act.''.
SEC. 14802. PROVISIONS TO ENCOURAGE ELECTRONIC BENEFIT TRANSFER
SYSTEMS.
Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b)
is amended--
(1) by striking ``(d) In the event'' and inserting ``(d)
Applicability to Service Providers Other Than Certain Financial
Institutions.--
``(1) In general.--In the event''; and
(2) by adding at the end the following new paragraph:
``(2) State and local government electronic benefit
transfer programs.--
``(A) Exemption generally.--The disclosures,
protections, responsibilities, and remedies established
under this title, and any regulation prescribed or
order issued by the Board in accordance with this
title, shall not apply to any electronic benefit
transfer program established under State or local law
or administered by a State or local government.
``(B) Exception for direct deposit into recipient's
account.--Subparagraph (A) shall not apply with respect
to any electronic funds transfer under an electronic
benefit transfer program for deposits directly into a
consumer account held by the recipient of the benefit.
``(C) Rule of construction.--No provision of this
paragraph may be construed as--
``(i) affecting or altering the protections
otherwise applicable with respect to benefits
established by Federal, State, or local law; or
``(ii) otherwise superseding the
application of any State or local law.
``(D) Electronic benefit transfer program
defined.--For purposes of this paragraph, the term
`electronic benefit transfer program'--
``(i) means a program under which a
government agency distributes needs-tested
benefits by establishing accounts to be
accessed by recipients electronically, such as
through automated teller machines, or point-of-
sale terminals; and
``(ii) does not include employment-related
payments, including salaries and pension,
retirement, or unemployment benefits
established by Federal, State, or local
governments.''.
TITLE XV--VETERANS' BENEFITS AND SERVICES
Subtitle A--Administrative Reforms
SEC. 15001. REDUCTION IN OVERHEAD EXPENSES OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--The amount obligated by the Department of Veterans
Affairs during fiscal year 1996 for overhead expenses shall not exceed
an amount sufficient to reduce outlays for such expenses during such
fiscal year (as compared to such outlays during fiscal year 1995) by
$424,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
Subtitle B--Extension of Certain Veterans Programs
SEC. 15011. PERMANENT EXTENSION OF AUTHORITY FOR COPAYMENT CHARGE FOR
MEDICATIONS.
Section 1722A of title 38, United States Code, is amended by
striking subsection (c).
SEC. 15012. PERMANENT EXTENSION OF AUTHORITY FOR MEDICAL CARE COST
RECOVERY.
Section 1729(a)(2)(E) of title 38, United States Code, is amended
by striking ``before October 1, 1998,''.
SEC. 15013. PERMANENT EXTENSION OF AUTHORITY FOR INCOME VERIFICATION
PROCEDURES.
Section 5317 of title 38, United States Code, is amended by
striking subsection (g).
SEC. 15014. PERMANENT EXTENSION OF AUTHORITY FOR PROCEDURES APPLICABLE
TO LIQUIDATION SALES ON DEFAULTED HOME LOANS.
Section 3732(c) of title 38, United States Code, is amended by
striking paragraph (11).
Subtitle C--Home Loan Guarantee Program Reforms
SEC. 15021. RESTRICTION ON USE OF MULTIPLE VA HOUSING LOAN GUARANTY
BENEFITS.
(a) Repeal of Circumstances Excluded From Computation of Aggregate
Amount of Guaranty Available.--Section 3702 of title 38, United States
Code, is amended by striking out subsection (b).
(b) Conforming Amendments.--(1) Section 3703(a)(1)(B) of such title
is amended by striking out ``and not restored as a result of the
exclusion in section 3702(b) of this title''.
(2) Section 3710(e)(2) of such title is amended by striking out the
last sentence thereof.
(3) Section 3712 of such title is amended--
(A) in subsection (a), by striking out the last sentence of
paragraphs (4)(B) and (5)(B); and
(B) in subsection (b)--
(i) by striking out ``(1)'' after ``(b)'' and
inserting in lieu thereof ``(b)''; and
(ii) by striking out paragraph (2).
(c) Effective Date.--The amendments made by subsections (a) and (b)
applies with respect to loans guaranteed, insured, or made after
September 30, 1996.
SEC. 15022. EXTENSIONS OF CERTAIN AUTHORITIES RELATING TO HOUSING
LOANS.
(a) Loan Origination Fee.--Paragraph (4) of section 3729(a) of such
title is amended by striking out ``October 1, 1998'' and inserting in
lieu thereof ``October 1, 2000''.
(b) Multiple Home Loan Fees.--Paragraph (5)(C) of such section is
amended by striking out ``October 1, 1998'' and inserting in lieu
thereof ``October 1, 2000''.
Subtitle D--Medical Program Reforms
SEC. 15031. MORE EFFICIENT MANAGEMENT AND DELIVERY OF VETERANS HEALTH
CARE.
(a) Required Savings.--The Secretary of Veterans Affairs shall
manage the medical care system of the Department of Veterans Affairs so
as to achieve savings of $3,200,000,000 by the end of fiscal year 2000
compared to the costs of that system through that fiscal year assumed
in the Budget of the President for fiscal year 1995.
(b) Prospective Payment System.--In order to achieve the savings
required by subsection (a), the Secretary shall establish a system
known as a Prospective Payment System for the allocation of resources
for hospital care within the Department of Veterans Affairs. In
establishing such a system, the Secretary shall consult with the
Secretary of Health and Human Services and shall establish Diagnosis-
Related Groups (DRGs) to reflect the average cost of efficient care for
different groups of patients.
(c) Administrative Flexibility.--In order to implement the system
required by subsection (b) and to achieve the savings required by
subsection (a), the Secretary shall have discretion to control the
nature and location of Department facilities, the total number of
health care beds of the Department, and the total staffing level of
health-related workers in the Department.
SEC. 15032. CLOSURE AND CONVERSION OF INEFFICIENT OR UNDERUSED
FACILITIES IN VETERANS' HOSPITALS.
(a) In General.--In order to achieve greater efficiency in the
operation of the Department of Veterans Affairs, the Secretary of
Veterans Affairs shall reduce the number of surgical and other acute
care facilities of the Department that have low rates of use or
occupancy. The Secretary shall carry out the preceding sentence by
closing small hospitals or underused units within hospitals or by
converting such hospitals or underused units into facilities offering
other services which are less costly and for which there is greater
demand.
(b) Criteria.--In considering a facility for closure or conversion
under subsection (b), the Secretary shall take into consideration
whether there are adequate alternative sources of care and whether the
number of veterans using the facility is below average for Department
of Veterans Affairs facilities.
SEC. 15033. REDUCTION IN EXPENDITURES FOR MAJOR CONSTRUCTION.
(a) Limitation on Major Construction Projects.--During fiscal years
1996 through 2000, the Secretary of Veterans Affairs may carry out a
major construction project only in a geographic area that does not
contain underutilized non-Department of Veterans Affairs facilities
though which the Secretary could obtain by contract the health care
capacity that would otherwise be obtained through the major
construction project.
(b) Cost Savings To Be Achieved.--In order to carry out subsection
(a), the Secretary shall revise projected expenditures for major
construction projects for the fiscal years covered by subsection (a) in
order to reduce those projected expenditures by 10 percent.
Subtitle E--Other Veterans Programs Reforms
SEC. 15041. ELIMINATION OF CERTAIN SUNSET DATES.
The following provisions of law are repealed:
(1) Section 8013(e) of the Omnibus Budget Reconciliation
Act of 1990 (38 U.S.C. 1710 note).
(2) Section 5503(f)(7) of title 38, United States Code.
SEC. 15042. THIRD-PARTY REIMBURSEMENT.
Section 1729(a)(2)(E) is amended by striking out ``October 1,
1998'' and inserting in lieu thereof ``October 1, 1999''.
TITLE XVI--ADMINISTRATION OF JUSTICE
Subtitle A--Authorization of Appropriations
CHAPTER 1--DEPARTMENT OF JUSTICE
SEC. 16001. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
JUSTICE.
There is authorized to be appropriated for each of the fiscal years
1996, 1997, 1998, 1999, and 2000, $9,517,139,750 to carry out the
activities of the Department of Justice (including any bureau, office,
board, division, commission, or subdivision thereof) which shall
include the following sums authorized to be appropriated--
(1) for General Administration, Salaries and Expenses:
$73,229,000;
(2) for the Office of Inspector General: $30,500,000; which
shall include--
(A) not to exceed $10,000 to meet unforeseen
emergencies of a confidential character, to be expended
under the direction of the Attorney General, and to be
accounted for solely on the certificate of the Attorney
General; and
(B) funds for the acquisition, lease, maintenance
and operation of motor vehicles without regard to the
general purchase price limitation;
(3) for the United States Parole Commission: $6,781,000;
(4) for General Legal Activities: $407,234,000; which shall
include--
(A) not to exceed $20,000 for expenses necessary in
the collection of evidence, to be expended under the
direction of the Attorney General and accounted for
solely on the certificate of the Attorney General;
(B) funds for the rent of private or Government
owned space in the District of Columbia; and
(C) not to exceed $2,762,000 for the Office of
Legal Counsel:
except that notwithstanding any other provision of law, not to
exceed $2,000,000 for expenses of the Department of Justice
associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 shall be reimbursed from the Special
fund established to pay judgments awarded under the Act;
(5) for the Antitrust Division: $67,658,750;
(6) for the United States Attorneys: $817,757,000;
(7) for the United States Marshals Service: $341,471,000;
which shall include--
(A) funds for the acquisition, lease, maintenance,
and operation of vehicles and aircraft; and
(B) funds for the purchase of passenger motor
vehicles for police-type use without regard to the
general purchase price limitation for the current
fiscal year:
except that notwithstanding the provisions of section 3302 of
title 31, United States Code, for fiscal year 1992 and
hereafter the Director of the United States Marshals Service
may collect fees and expenses for the service authorized by
section 1921 of title 28, United States Code, and credit not to
exceed $1,000,000 of such fees to this appropriation to be used
for salaries and other expenses incurred in providing these
services;
(8) For the Support of United States Prisoners in the
custody of the United States Marshals Service and as authorized
in section 4013 of title 18, United States Code, but not
including expenses otherwise provided for in appropriations
available to the Attorney General, $268,481,000, to remain
available until expended; of which not to exceed $15,000,000
shall be available under the Cooperative Agreement Program;
(9) For Fees and Expenses of Witnesses: $78,000,000; which
shall remain available until expended; and which shall
include--
(A) funds for expenses, mileage, compensation, and
per diem of witnesses, for private counsel expenses,
and for per diem in lieu of subsistence, as authorized
by law, including advances; and
(B) not to exceed $2,000,000 for planning,
construction, renovation, maintenance, remodeling, and
repair of buildings and the purchase of equipment
incident thereto for protected witness safesites;
(10) For the Community Relations Service: $20,379,000;
(11) For the United States Trustee System Fund:
$100,216,000; to remain available until expended and to be
derived from the Fund, except that deposits to the Fund are
available in such amounts as may be necessary to pay refunds
due depositors;
(12) For the Assets Forfeiture Fund: $439,000,000; to be
derived from the Fund, as may be necessary for the payment of
expenses as authorized by subparagraphs (A)(ii), (B), (C), (F),
and (G) of section 524(c)(1) of title 28, United States Code;
(13) For Organized Crime Drug Enforcement: $500,000,000;
for expenses, not otherwise provided for, for the investigation
and prosecution of individuals involved in organized crime drug
trafficking, except that any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this
appropriation;
(14) For the Federal Bureau of Investigation:
$2,062,576,000; which shall include--
(A) funds for the purchase for police-type use of
passenger motor vehicles without regard to the general
purchase price limitation for the current fiscal year,
and for the hire of passenger motor vehicles;
(B) funds for the acquisition, lease, maintenance
and operation of aircraft;
(C) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character to be expended
under the direction of the Attorney General and to be
accounted for solely on the certificate of the Attorney
General; and
(D) not to exceed $30,000 for official reception
and representation expenses;
(15) For the Drug Enforcement Administration:
$1,000,000,000; which shall include--
(A) funds for the purchase for police-type use of
passenger motor vehicles, without regard to the general
purchase price limitation for the current fiscal year,
and for the hire of passenger motor vehicles;
(B) funds for the acquisition, lease, maintenance
and operation of aircraft;
(C) funds for conducting drug education programs,
including travel and related expenses for participants
in such programs and the distribution of items of token
value that promote the goals of such programs; and
(D) not to exceed $70,000 to meet unforeseen
emergencies of a confidential character to be expended
under the direction of the Attorney General and to be
accounted for solely on the certificate of the Attorney
General;
(16) For the Immigration and Naturalization Service:
$1,056,826,000; which shall include--
(A) funds for the purchase for police-type use of
passenger motor vehicles, without regard
to the general purchase price limitation for the
current fiscal year, and for the hire of passenger motor vehicles;
(B) funds for the acquisition, lease, maintenance
and operation of aircraft;
(C) funds for the purchase of uniforms without
regard to the general purchase price limitation for the
current fiscal year; and
(D) not to exceed $50,000 to meet unforeseen
emergencies of a confidential character to be expended
under the direction of the Attorney General and to be
accounted for solely on the certificate of the Attorney
General;
(17) For the Federal Prison System: $2,246,031,000;
including $11,055,000 for the National Institute of Corrections
and $339,225,000 for buildings and facilities; and
(18) The Federal Prison Industries, Incorporated is
authorized to make expenditures, within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments, without regard to
fiscal year limitations as provided by section 104 of the
Government Corporation Control Act as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchases
of and hire of passenger motor vehicles.
SEC. 16002. REDUCTION IN OVERHEAD EXPENSES OF DEPARTMENT OF JUSTICE.
(a) In General.--The amount obligated by the Department of Justice
during fiscal year 1996 for overhead expenses shall not exceed an
amount sufficient to reduce outlays for such expenses during such
fiscal year (as compared to such outlays during fiscal year 1995) by
$401,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
CHAPTER 2--OTHER LAW ENFORCEMENT ENTITIES
SEC. 16011. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES
CUSTOMS SERVICE.
There is authorized to be appropriated for each of the fiscal years
1996, 1997, 1998, 1999, and 2000, $1,360,665,000 for salaries and
expenses of the United States Customs Service.
SEC. 16012. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES
SECRET SERVICE.
There is authorized to be appropriated for each of the fiscal years
1996, 1997, 1998, 1999, and 2000, $461,992,000 for salaries and
expenses of the United States Secret Service.
SEC. 16013. AUTHORIZATION OF APPROPRIATIONS FOR THE BUREAU OF ALCOHOL,
TOBACCO, AND FIREARMS.
There is authorized to be appropriated for each of the fiscal years
1996, 1997, 1998, 1999, and 2000, $188,000,000 for salaries and
expenses of the Bureau of Alcohol, Tobacco, and Firearms.
SEC. 16014. AUTHORIZATION OF APPROPRIATIONS FOR DEFENDER SERVICES.
There is authorized to be appropriated for each of the fiscal years
1996, 1997, 1998, 1999, and 2000, $250,000,000 for defender services
authorized under section 3006A of title 18 of the United States Code.
CHAPTER 3--ADMINISTRATIVE REFORMS
SEC. 16021. 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, 1995,
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, 1996, 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).
Subtitle B--Prison Reforms
SEC. 16201. PRIVATIZATION OF CORRECTIONAL INSTITUTIONS.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4014. Privatization of correctional institutions
``The Attorney General shall, not later than 5 years after the date
of the enactment of this section and subject to the availability of
sums appropriated for this purpose, contract with private persons for
the imprisonment, subsistence, care, and proper employment of all
persons held in Federal medium to maximum security mainstream prisons
known as Federal correctional institutions under the authority of an
enactment of Congress. The Attorney General shall phase in the
contracts required under this section so that contracts cover
approximately an additional 20 percent of prisoners in such
institutions each of the 5 years beginning on the date of the enactment
of this section.''
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of title 18, United States Code, is amended by adding at
the end the following new item:
``4014. Privatization of correctional institutions.''.
SEC. 16202. PAYMENT OF PUBLIC SAFETY OFFICERS.
Section 1201(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796(b)) is amended--
(1) in the first sentence by striking ``appropriations are
provided'' and inserting ``funds are available under the
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.)''; and
(2) in the second sentence by striking ``there are
authorized'' and all that follows and inserting ``the Attorney
General, acting through the Director of the Office of Victims
of Crime, shall assign a priority for payments to public safety
officers under the Victims's of Crime Fund and payment from
such fund to public safety officers shall be reduced by a
proportionate share to the extent that sufficient funds are not
available.
Subtitle C--Justice Assistance Program Reforms
SEC. 16301. LEGAL SERVICES CORPORATION.
The Legal Services Corporation Act is repealed, the Legal Services
Corporation is terminated, and its officers and employees are
terminated.
SEC. 16302. SURCHARGE ON DEBTS COLLECTED BY THE UNITED STATES.
Section 3011(a) of title 28, United States Code, is amended by
striking ``10 percent'' and inserting ``15 percent''.
SEC. 16303. TERMINATE BUREAU OF JUSTICE ASSISTANCE.
(a) In General.--Part D of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3741 et seq.) is repealed.
(b) Bureau Phase Out.--The Attorney General may provide for the
orderly phase out of the Bureau of Justice Assistance.
SEC. 16304. TERMINATE STATE JUSTICE INSTITUTE.
(a) In General.--The State Justice Institute Act of 1984 (42 U.S.C.
10701 et seq.) is repealed.
(b) Institute Phase Out.-- The Attorney General may provide for the
orderly phase out of the State Justice Institute.
Subtitle D--Federal Bureau of Investigation Reforms
SEC. 16401. RESCISSION OF FUNDS FOR FBI FINGERPRINT LABORATORY IN WEST
VIRGINIA.
Of the funds made available under the heading ``Federal Bureau of
Investigation--Salaries and Expenses'' in chapter 2 of title II of
Public Law 103-211, the unobligated balance on the date of the
enactment of this Act is rescinded.
Subtitle E--Other Justice Program Reforms
SEC. 16501. AUTHORIZATION OF APPROPRIATIONS FOR THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
Section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4) is
amended by adding at the end the following:
``(l) There is authorized to be appropriated to carry out this
title (excluding subsections (j) and (k) of this section) $230,000,000
for each of the fiscal years 1996, 1997, 1998, 1999, and 2000.''.
SEC. 16502. HARBOR MAINTENANCE FEES.
Section 9505(c) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``, and''; and
(3) by adding at the end the following:
``(4) in addition to amounts made available under paragraph
(3), for payment of expenses incurred by the Department of the
Treasury, in fiscal years 1996 through 1999, to ensure that the
fees imposed under section 4461 are paid, but not in excess of
$5,000,000 for any such fiscal year.''.
TITLE XVII--GENERAL GOVERNMENT
Subtitle A--Administrative Reforms
SEC. 17001. REDUCTION IN OVERHEAD EXPENSES OF CERTAIN FOREIGN
OPERATIONS ACTIVITIES.
(a) In General.--The aggregate amount obligated during fiscal year
1996 for overhead expenses for activities for which funds are
appropriated under the heading ``Funds Appropriated to the President''
in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act shall not exceed an amount sufficient to reduce
outlays for such expenses during such fiscal year (as compared to such
outlays during fiscal year 1995) by $461,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
SEC. 17002. REDUCTION IN OVERHEAD EXPENSES OF DEPARTMENT OF THE
TREASURY.
(a) In General.--The amount obligated by the Department of the
Treasury during fiscal year 1996 for overhead expenses shall not exceed
an amount sufficient to reduce outlays for such expenses during such
fiscal year (as compared to such outlays during fiscal year 1995) by
$209,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
SEC. 17003. REDUCTION IN OVERHEAD EXPENSES OF OFFICE OF PERSONNEL
MANAGEMENT.
(a) In General.--The amount obligated by the Office of Personnel
Management during fiscal year 1996 for overhead expenses shall not
exceed an amount sufficient to reduce outlays for such expenses during
such fiscal year (as compared to such outlays during fiscal year 1995)
by $12,000,000.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
SEC. 17004. REDUCTION IN OVERHEAD EXPENSES OF OTHER INDEPENDENT
AGENCIES.
(a) In General.--The aggregate amount obligated by the independent
agencies of the Federal Government during fiscal year 1996 for overhead
expenses shall not exceed an amount sufficient to reduce outlays for
such expenses during such fiscal year (as compared to such outlays
during fiscal year 1995) by $347,000,000. The Director of the Office of
Management and Budget shall establish obligation limits for each such
agency in order to carry out this section.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
SEC. 17005. TERMINATION OF ADVISORY COMMISSION ON INTERGOVERNMENTAL
RELATIONS.
(a) Repeal.--The Act entitled ``An Act to establish an Advisory
Commission on Intergovernmental Relations'' (42 U.S.C. 4271 et seq.),
approved September 24, 1959, which established the Advisory Commission
on Intergovernmental Relations, is repealed.
(b) 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 the Advisory Commission
on Intergovernmental Relations 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 the Advisory
Commission on Intergovernmental Relations, or by or against any
individual in the official capacity of such individual as an
officer or employee of such commission, shall abate by reason
of the enactment of this section.
SEC. 17006. ADMINISTRATIVE CONFERENCE OF THE UNITED STATES.
Subchapter V of chapter 5 of title 5, United States Code, is
repealed, the Administrative Conference of the United States is
terminated, and the officers and employees of the Conference are
terminated.
SEC. 17007. TERMINATION OF MISCELLANEOUS ADVISORY COMMITTEES.
(a) Department of Agriculture.--
(1) Swine health advisory committee.--Section 11 of the
Swine Health Protection Act (7 U.S.C. 3810), which required the
Secretary of Agriculture to appoint a swine health advisory
committee or committees, is repealed.
(2) Cascade head scenic-research area advisory council.--
Section 8 of the Act of December 22, 1974 (16 U.S.C. 541g),
which required the Secretary of Agriculture to establish a
Cascade Head Scenic-Research Area advisory council, is
repealed.
(3) Global climate change technical advisory committee.--
Section 2404 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 6703), which required the Secretary of
Agriculture to establish a technical advisory committee
concerning global climate change, is repealed.
(4) Mono basin national forest scenic area advisory
board.--Section 306 of the California Wilderness Act of 1984
(16 U.S.C. 543e), which established the Mono Basin National
Forest Scenic Area Advisory Board, is repealed.
(5) Nez perce national historic trail advisory council.--
Section 5(d) of the National Trails System Act (16 U.S.C.
1244(d)), which required the Secretary of Agriculture to
appoint a Nez Perce National Historic Trail Advisory Council,
is amended in the first sentence by striking ``establishment.''
the first place it appears, and by inserting before the period
at the end of the first sentence, as amended, the following:
``and the Advisory Council established for the Nez Perce
National Historic Trail shall terminate on the effective date
of the Restructuring a Limited Government Act''.
(b) Department of Defense.--Section 3306 of the National Defense
Authorization Act for Fiscal Year 1993 (50 U.S.C. 98h-1 note), which
authorized the Government-Industry Advisory Committee on the Operation
and Modernization of the National Defense Stockpile, is repealed.
(c) Department of Energy.--
(1) Technical advisory committee on verification of fissile
material and nuclear warhead controls.--Section 3151(c) of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 104 Stat. 1839), which authorized the Technical
Advisory Committee on Verification of Fissile Material and
Nuclear Warhead Controls, is repealed.
(2) Technical panel on magnetic fusion.--Section 7 of the
Magnetic Fusion Energy Engineering Act of 1980 (42 U.S.C.
9306), which authorized the Technical Panel on Magnetic Fusion,
is repealed.
(d) Department of Health and Human Services.--
(1) Advisory council on hazardous substances research and
training.--
(A) Repeal.--Section 311(a)(5) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9660(a)(5)), which authorized the
Advisory Council on Hazardous Substances Research and
Training, is repealed.
(B) Conforming amendment.--Section 2702(a) of title
10, United States Code, is amended in the first
sentence by striking ``and the advisory council
established under section 311(a)(5) of CERCLA''.
(2) Advisory council on trauma care systems.--Section
601(b) of the Preventative Health Amendments of 1993 (107 Stat.
2238), which sought to terminate the Advisory Council on Trauma
Care Systems, is amended by striking ``Section 1201'' and
inserting ``Title XII''.
(3) Job opportunities and basic skills training program
advisory panel.--Section 203(c)(4) of the Family Support Act of
1988 (42 U.S.C. 681 note), which authorized the Advisory Panel
for the Evaluation of the Job Opportunities and Basic Skills
Training (JOBS) Program, is repealed.
(4) Board of tea experts.--
(A) Repeal.--Section 4 of the Tea Importation Act
(21 U.S.C. 42), which authorized the Board of Tea
Experts, is repealed.
(B) Conforming amendments.--Section 3 of the Tea
Importation Act (21 U.S.C. 43) is amended in the first
sentence by striking ``, upon the recommendation of the
said board,''.
(5) Device good manufacturing advisory committee.--Section
520(f)(3) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360j(f)(3)), which authorized the Device Good
Manufacturing Practice Advisory Committee, is repealed.
(6) End stage renal disease data advisory committee.--The
second sentence of section 1881(c)(7) of the Social Security
Act (42 U.S.C. 1395rr(c)(7)), which authorized the End-Stage
Renal Disease Data Advisory Committee, is amended by striking
everything after ``purpose of such'' and inserting ``registry
and shall determine the appropriate location of the
registry.''.
(7) Federal hospital council.--Section 641 of the Public
Health Service Act (42 U.S.C. 291k), which authorized the
Federal Hospital Council, is repealed.
(8) National arthritis and musculoskeletal and skin
diseases advisory board.--Section 442 of the Public Health
Service Act (42 U.S.C. 285d-7), which authorized the National
Arthritis and Musculoskeletal and Skin Diseases Advisory Board,
is repealed.
(9) National commission on alcoholism and other alcohol-
related problems.--Section 18 of the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment, and Rehabilitation
Act Amendments of 1979 (42 U.S.C. 4541 note), which established
the National Commission on Alcoholism and Other Alcohol-Related
Problems, is repealed.
(10) National deafness and other communication disorders
advisory board.--Section 464D of the Public Health Service Act
(42 U.S.C. 285m-4), which authorized the National Deafness and
Other Communication Disorders Advisory Board, is repealed.
(11) National diabetes advisory board, national digestive
diseases advisory board, and national kidney and urologic
diseases advisory board.--
(A) Repeal.--Section 430 of the Public Health
Service Act (42 U.S.C. 285c-4), which authorized the
National Diabetes Advisory Board, the National
Digestive Diseases Advisory Board, and the National
Kidney and Urologic Diseases Advisory Board, is
repealed.
(B) Conforming amendments.--Section 429(c) of the
Public Health Service Act (42 U.S.C. 485c-3(c)) is
amended--
(i) in paragraph (1) by adding ``and''
after the semicolon;
(ii) in paragraph (2) by striking ``and''
after the semicolon; and
(iii) by striking paragraph (3).
(12) Task force on aging research.--Title III of the Home
Health Care and Alzheimer's Disease Amendments of 1990 (42
U.S.C. 242q through
242q-5), which authorized the Task Force on Aging Research, is
repealed.
(e) Department of the Interior.--
(1) Chattahoochee river national recreation area advisory
commission.--Section 106 of the Act entitled ``An Act to
authorize the establishment of the Chattahoochee River National
Recreation Area in the State of Georgia, and for other
purposes'' (16 U.S.C. 460ii-5), approved October 30, 1984,
which established the Chattahoochee River National Recreation
Area Advisory Commission, is repealed.
(2) Gulf islands national seashore advisory commission.--
Section 10 of the Act entitled ``An Act to provide for the
establishment of the Gulf Islands National Seashore, in the
States of Florida and Mississippi, for the recognition of
certain historic values at Fort San Carlos, Fort Redoubt, Fort
Barrancas, and Fort Pickens in Florida, and Fort Massachusetts
in Mississippi, and for other purposes'' (16 U.S.C. 459h-9),
approved January 8, 1971, which established the Gulf Islands
National Seashore Advisory Commission, is repealed.
(3) Jefferson national expansion memorial commission.--
Section 7 of the Act entitled ``An Act to provide for the
construction of the Jefferson National Expansion Memorial at
the site of Old Saint Louis, Missouri, in general accordance
with the plan approved by the United States Territorial
Expansion Memorial Commission, and for other purposes'' (16
U.S.C. 450jj-6), approved August 24, 1984, which established
the Jefferson National Expansion Memorial Commission, is
repealed.
(4) Potomac heritage national scenic trail advisory
council.--The first sentence of section 5(d) of the National
Trails System Act (16 U.S.C. 1244(d)), as amended by subsection
(a)(5) of this Act, which authorized the Potomac Heritage
National Scenic Trail Advisory Council, is further amended by
striking ``The Secretary'' and inserting ``Except for the
Potomac Heritage National Scenic Trail, the Secretary''.
(f) Department of Justice.--
(1) Repeal.--Section 5002 of title 18, United States Code,
which created the Advisory Corrections Council, is repealed.
(2) Conforming amendments.--Chapter 401 of title 18, United
States Code, is amended--
(A) by redesignating section 5003 as section 5002;
and
(B) in the table of sections at the beginning of
the chapter by striking the items related to sections
5002 and 5003 and inserting the following:
``5002. Custody of State offenders.''.
(g) Department of Transportation.--
(1) Commercial motor vehicle safety regulatory review
panel.--
(A) Repeal.--Section 31134 of title 49, United
States Code, which authorized the Commercial Motor
Vehicle Safety Regulatory Review Panel, is repealed.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 311 of title 49, United States
Code, is amended by striking the item relating to
section 31134.
(2) National driver register advisory committee.--Section
209 of the National Driver Register Act of 1982 (23 U.S.C. 401
note), which established the National Driver Register Advisory
Committee, is repealed.
(3) National highway safety advisory committee.--Section
404 of title 23, United States Code, which established the
National Highway Safety Advisory Committee, is repealed.
(h) 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 terminated
pursuant to an amendment or repeal made by this
section, 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 terminated
pursuant to an amendment or repeal made by this section, 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. 17008. TERMINATION OF FEDERAL INFORMATION CENTERS.
(a) Repeal.--Section 112 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 760), which authorized the
establishment of a network of Federal information centers, is repealed.
(b) Clerical Amendment.--The table of contents in the first section
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) is amended by striking the item relating to section
112.
Subtitle B--Legislative Branch Reductions
SEC. 17101. REDUCTION IN OVERHEAD EXPENSES OF EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) In General.--The amount obligated by each office in the
Executive Office of the President during fiscal year 1996 for overhead
expenses shall not exceed an amount sufficient to reduce outlays for
such expenses during such fiscal year (as compared to such outlays
during fiscal year 1995) by 25 percent.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
SEC. 17102. FORMULA FOR DETERMINING OFFICIAL MAIL ALLOWANCE.
(a) In General.--Section 311(e)(2)(B)(i) of the Legislative Branch
Appropriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by
striking ``3'' and inserting ``1.5''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to sessions of Congress beginning with the first session
of the One Hundred Fourth Congress.
SEC. 17103. TRANSFER OF CERTAIN FUNDS PROHIBITED.
Section 101(c)(2) of the Legislative Branch Appropriations Act,
1993 (2 U.S.C. 95b(c)(2)), is amended by striking ``Official Mail
Costs'',''.
SEC. 17104. TEMPORARY SUSPENSION OF AUTOMATIC PAY ADJUSTMENTS FOR
MEMBERS OF CONGRESS.
(a) In General.--Section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 31) is amended by adding at the end the
following:
``(3) No rate of pay shall be adjusted to reflect any adjustment
which, but for this paragraph, would take effect under paragraph (2) on
or after January 1, 1997, and before January 1, 2002.''.
(b) Technical Amendment.--Paragraph (2)(A) of section 601(a) of
such Act is amended by striking ``Subject to subparagraph (B),'' and
inserting ``Subject to subparagraph (B) and paragraph (3),''.
Subtitle C--Executive Branch Reductions
SEC. 17201. REDUCTION IN OVERHEAD EXPENSES OF EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) In General.--The amount obligated by each office in the
Executive Office of the President during fiscal year 1996 for overhead
expenses shall not exceed an amount sufficient to reduce outlays for
such expenses during such fiscal year (as compared to such outlays
during fiscal year 1995) by 25 percent.
(b) Overhead Expenses.--For purposes of this section, the term
``overhead expenses'' means expenses within the following object
classifications established by the Director of the Office of Management
and Budget:
(1) 21.0 (travel and transportation of persons).
(2) 22.0 (transportation of things).
(3) 23.1 (rental payments to GSA).
(4) 23.3 (communications, utilities, and miscellaneous
charges).
(5) 24.0 (printing and reproduction).
(6) 25.1 (consulting services).
(7) 25.2 (other services).
(8) 25.5 (research and development contracts).
(9) 26.0 (supplies and materials).
(10) 31 (equipment).
SEC. 17202. SES ANNUAL LEAVE ACCUMULATION.
(a) Repeal.--
(1) In general.--Section 6304(f) of title 5, United States
Code, is repealed, effective as of the last day of the last
applicable pay period beginning in the calendar year in which
this Act is enacted.
(2) 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 date
on which the amendment made by paragraph (1) takes effect.
(b) Savings Provision.--Annual leave in excess of the amount
allowable under subsection (a) or (b) of section 6304 of title 5,
United States Code, which was accumulated under section 6304(f) of such
title by an employee who becomes subject to such subsection (a) or (b)
as a result of this section shall remain to the credit of the employee
and be subject to reduction in the same manner as provided in section
6304(c) of such title.
SEC. 17203. LIMITATION RELATING TO POLITICAL APPOINTEES.
(a) In General.--The average total number of political appointees
in the executive branch during 1997, and each subsequent calendar year,
may not exceed 2,000 (determined on a full-time equivalent basis).
(b) Basis for Determining Compliance.--For purposes of applying the
limitation under subsection (a), the average total number of political
appointees in the executive branch during any calendar year shall be
determined on the basis of the numbers of such appointees, as set forth
in the budget for the United States Government submitted by the
President to the Congress for the first fiscal year beginning after
such calendar year.
(c) Restriction.--Nothing in this section shall be considered to
permit or require--
(1) the termination of an individual's appointment to a
position established by law; or
(2) that any position referred to in paragraph (1) remain
unfilled.
(d) Definitions.--For purposes of this section--
(1) the term ``political appointee in the executive
branch'' means a political appointee serving in or under an
Executive agency;
(2) the term ``political appointee'' means--
(A) an employee whose appointment is made by and
with the advice and consent of the Senate;
(B) an employee whose position is excepted from the
competitive service by reason of its confidential,
policy-determining, policy-making, or policy-advocating
character; and
(C) a noncareer appointee in the Senior Executive
Service (as defined in section 3132(b)(7) of title 5,
United States Code) or in any other senior executive
service;
(3) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(4) the term ``competitive service'' has the meaning given
such term by section 2102 of title 5, United States Code; and
(5) the term ``Executive agency'' has the meaning given
such term in section 105 of title 5, United States Code, but
does not include the General Accounting Office.
Subtitle D--Specific Program Reforms
SEC. 17301. DECREASE IN PRESIDENTIAL ELECTION CAMPAIGN FUND CHECK-OFF.
(a) In General.--Section 6096(a) of the Internal Revenue Code of
1986 (relating to designation by individuals) is amended--
(1) by striking ``$3'' each place it appears and inserting
``$1'', and
(2) by striking ``$6'' and inserting ``$2''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to tax returns required to be filed after December
31, 1995.
SEC. 17302. 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.
SEC. 17303. TERMINATION OF ANNUAL DIRECT ASSISTANCE TO NORTHERN MARIANA
ISLANDS.
(a) In General.--No annual payment may be made under section 701,
702, or 704 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), for any fiscal year beginning after September
30, 1995.
(b) Elimination of 7-Year Extensions.--
(1) In general.--The Act of March 24, 1976 (90 Stat. 263;
16 U.S.C. 1681 note) is amended by striking sections 3 and 4.
(2) Conforming changes.--Section 5 of the Act of March 24,
1976 (90 Stat. 263; 16 U.S.C. 1681 note) is amended--
(A) by redesignating the section as section 3;
(B) by striking ``agreement identified in section 3
of this Act'' and inserting ``Agreement of the Special
Representatives on Future United States Financial
Assistance for the Government of the Northern Mariana
Islands, executed June 10, 1985, between the special
representative of the President of the United States
and the special representatives of the Governor of the
Northern Mariana Islands''; and
(C) by striking ``Interior and Insular Affairs''
and inserting ``Resources''.
SEC. 17304. 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. 17305. REPEAL OF TRANSITIONAL APPROPRIATIONS AUTHORIZATION FOR THE
POST OFFICE
(a) In General.--Section 2004 of title 39, United States Code, is
repealed.
(b) Conforming Amendment.--Section 2003(e)(2) of such title is
amended by striking out ``sections 2401 and 2004'' both places it
appears and inserting in lieu thereof ``section 2401''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 12 of such title is amended by striking out the item relating
to section 2004.
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