103d CONGRESS
1st Session
H. R. 3400
To provide a more effective, efficient, and responsive government.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 1993
Mr. Gephardt introduced the following bill; which was referred jointly
to the following committees for a period ending not later than November
15, 1993: Agriculture, Armed Services, Banking, Finance and Urban
Affairs, Education and Labor, Energy and Commerce, Foreign Affairs,
Government Operations, House Administration, the Judiciary, Merchant
Marine and Fisheries, Natural Resources, Permanent Select Committee on
Intelligence, Post Office and Civil Service, Public Works and
Transportation, Science, Space, and Technology, Veterans' Affairs, and
Ways and Means
_______________________________________________________________________
A BILL
To provide a more effective, efficient, and responsive government.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Reform and Savings Act of
1993''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
TITLE I--DEPARTMENT OF AGRICULTURE
Subtitle A--Department of Agriculture Reorganization
Subtitle B--Eliminate Federal Support for Wool and Mohair
Subtitle C--Eliminate Federal Support for Honey
TITLE II--DEPARTMENT OF COMMERCE
Polar Satellite Convergence
TITLE III--DEPARTMENT OF DEFENSE
Subtitle A--Create Incentives for the Department of Defense to Generate
Revenues
Subtitle B--Closure of the Uniform Services University of the Health
Sciences
Subtitle C--Streamline and Reorganize the United States Army Corps of
Engineers
TITLE IV--DEPARTMENT OF ENERGY
Subtitle A--Alaska Power Administration Sale Authorization Act
Subtitle B--Federal-Private Cogeneration of Electricity
Subtitle C--Power Marketing Administration Debt Buyout
TITLE V--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Subtitle A--Increased Flexibility in Contracting for Medicare Claims
Processing
Subtitle B--Workers' Compensation Data Exchange Pilot Projects
Subtitle C--Federal Clearinghouse on Death Information
Subtitle D--Continuing Disability Reviews
TITLE VI--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Subtitle A--Multifamily Property Disposition
Subtitle B--Merger of the Certificate and Voucher Programs
Subtitle C--Streamline HUD
Subtitle D--Refinance Section 235 Mortgages
Subtitle E--Section 8 Rents for New Construction and Rehabilitation
Projects
TITLE VII--DEPARTMENT OF THE INTERIOR
Subtitle A--Improve the Federal Helium Program
Subtitle B--Improve Minerals Management Service Royalty Collection
Subtitle C--Phase Out the Mineral Institute Program
TITLE VIII--DEPARTMENT OF JUSTICE
Bureau of Prisons Health Services User Fee
TITLE IX--DEPARTMENT OF LABOR
Subtitle A--Deterrence of Fraud and Abuse in the FECA Program
Subtitle B--Enhancement of Reemployment Programs for Federal Employees
Disabled in the Performance of Duty
Subtitle C--Wage Determinations--McNamara-O'Hara Service Contract Act
and Davis-Bacon Act
Subtitle D--Elimination of Filing Requirement for Plan Descriptions,
Summary Plan Descriptions, and Descriptions of Material Modifications
to a Plan
TITLE X--DEPARTMENT OF STATE/UNITED STATES INFORMATION AGENCY
Reduction of Mission Operating Costs
TITLE XI--DEPARTMENT OF TRANSPORTATION
Subtitle A--Authority to Charge Tuition for Attendance at the United
States Merchant Marine Academy
Subtitle B--Reform of the Essential Air Service Program
Subtitle C--Repeal of Authorization for the Airway Science Program,
Collegiate Training Initiative, and Air Carrier Maintenance Technical
Training Facility Grant Program
TITLE XII--DEPARTMENT OF VETERANS AFFAIRS
Subtitle A--Remove Certain Limitations and Restrictions Contained in
Veterans Law
Subtitle B--Closure of Supply Depots and Transfer of Revolving Supply
Fund Money
Subtitle C--Provision of Information from the Medicare and Medicaid
Coverage Data Bank to the Department of Veterans Affairs
Subtitle D--Veterans' Appeals Improvement Act of 1993
TITLE XIII--HUMAN RESOURCE MANAGEMENT
Subtitle A--Federal Workforce Restructuring Act of 1993
Subtitle B--SES Annual Leave Accumulation
TITLE XIV--REINVENTING SUPPORT SERVICES
Government Information Dissemination and Printing Improvement Act of
1993
TITLE XV--STREAMLINING MANAGEMENT CONTROL
Authority to Increase Efficiency in Reporting to Congress
TITLE XVI--IMPROVING FINANCIAL MANAGEMENT
Subtitle A--Electronic Payments
Subtitle B--Franchise Funds and Innovation Funds
Subtitle C--Simplifying the Management Reporting Process
Subtitle D--Annual Financial Reports
Subtitle E--Strengthening Debt Collection Programs
Subtitle F--Improving Department of Justice Debt Collection
Subtitle G--Adjusting Civil Monetary penalties for Inflation
TITLE XVII--YEAR-END SPENDING
TITLE I--DEPARTMENT OF AGRICULTURE
Subtitle A--Department of Agriculture Reorganization
SEC. 1001. DEPARTMENT OF AGRICULTURE REORGANIZATION.
Pursuant to authorities proposed in the Department of Agriculture
Reorganization Act of 1993 (H.R. 3171) and current legal authorities,
the Secretary of Agriculture shall take action to restructure and
reinvent the Department of Agriculture by reducing the number of
agencies in the Department, reducing headquarters and administrative
staffing and overhead, closing or consolidating unnecessary field
locations, and taking such other actions as may be necessary to reduce
the staffing of the department by not less than 7,500 staff years and
save a total of not less than $1.64 billion in fiscal years 1995
through 1999.
Subtitle B--Eliminate Federal Support for Wool and Mohair
SEC. 1101. AMENDMENTS TO SECTION 703 OF NATIONAL WOOL ACT OF 1954.
Section 703 of the National Wool Act of 1954 (7 U.S.C. 1782) is
amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Subject to subsection (b)(3), the Secretary of Agriculture
shall, through the Commodity Credit Corporation, make loans and
payments to producers of wool and mohair through December 31, 1995.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``1997'' and
inserting ``1995''; and
(B) by striking paragraph (3) and inserting the
following new paragraph:
``(3) No loans, purchases, or payments shall be made for the 1996
and subsequent marketing years, except that loans and payments for the
1995 marketing year shall be paid in 1996.''; and
(3) by adding at the end the following new paragraph:
``(4)(A) Through December 31, 1995, the Secretary shall offer to
wool and mohair producers recourse loans under terms and conditions
that are prescribed by the Secretary, except that the loans shall be
administered at no net cost to the Federal Government.
``(B) A producer who fails to repay a loan made under subparagraph
(A) by the end of the following marketing year shall be ineligible for
a loan under this Act for that marketing year and subsequent marketing
years.''.
SEC. 1102. AMENDMENT TO SECTION 704 OF NATIONAL WOOL ACT OF 1954.
Section 704(a) of the National Wool Act of 1954 (7 U.S.C. 1783(a))
is amended by inserting after the first sentence the following new
sentence: ``In the case of each of the 1994 and 1995 marketing years,
the payments shall be 75 and 50 percent, respectively, of the amount
otherwise determined under the preceding sentence.''.
SEC. 1103. REPEAL OF NATIONAL WOOL ACT OF 1954.
(a) In General.--Effective December 31, 1995, the National Wool Act
of 1954 (7 U.S.C. 1781 et seq.) is repealed.
(b) Application.--The repeal made by subsection (a) shall apply to
both the wool and mohair programs.
(c) Prohibition.--Effective beginning December 31, 1995, the
Secretary of Agriculture may not provide loans or payments for wool or
mohair by using the funds of the Commodity Credit Corporation or under
the authority of any law.
SEC. 1104. REPEAL OF SECTION 702 OF NATIONAL WOOL ACT OF 1954, ETC.
(a) Section 702 of the National Wool Act of 1954 (7 U.S.C. 1781) is
repealed.
(b) Section 703 of such Act (7 U.S.C. 1782) is amended--
(1) by striking the section heading and inserting the
following new section heading: ``support price for wool and
mohair'';
(2) in subsection (b)(1)(i), by striking ``such price
support'' and inserting ``the support price''; and
(3) in subsection (d), by striking ``price support'' and
inserting ``support under this section''.
(c) Section 704 of such Act (7 U.S.C. 1783) is amended--
(1) by striking the section heading and inserting the
following new section heading:
``SEC. 704. PAYMENTS.'';
and
(2) in subsection (a), by striking ``If payments are
utilized as a means of price support, the'' and inserting
``The''.
(d) The first sentence of section 706 of such Act (7 U.S.C. 1785)
is amended by striking ``price support operations'' and inserting
``operations under this Act''.
SEC. 1105. SAVINGS PROVISION.
A provision of this subtitle may not affect the liability of any
person under any provision of law as in effect before the effective
date of the provision.
Subtitle C--Eliminate Federal Support for Honey
SEC. 1201. AMENDMENTS TO SECTION 207 OF AGRICULTURAL ACT OF 1949.
Section 207 of the Agricultural Act of 1949 (7 U.S.C. 1446h) is
amended--
(1) by striking ``1998'' each place it appears, in
subsections (a), (c), and (j), and inserting ``1995'';
(2) by striking ``loan'' each place it appears except for
subsection (d), and inserting ``nonrecourse loan''; and
(3) in subsection (a), by striking paragraphs (3), (4), and
(5) and inserting the following new paragraph:
``(4)(i) No loans, purchases, or payments shall be made for
the 1996 and subsequent crop years.
``(ii) Through December 31, 1995, the Secretary shall offer
to honey producers recourse loans under terms and conditions
that are prescribed by the Secretary, except that the loans
shall be administered at no net cost to the Federal Government.
``(iii) A producer who fails to repay a loan made under
clause (ii) by the end of the following marketing year shall be
ineligible for a loan under this Act for that marketing year
and subsequent marketing years.''.
SEC. 1202. FURTHER AMENDMENTS TO SECTION 207 OF AGRICULTURAL ACT OF
1949.
Section 207 of the Agricultural Act of 1949 (7 U.S.C. 1446h) is
amended--
(1) After subsection (b)(2), by inserting the following:
``(3) In the case of the 1994 and 1995 marketing years, the
quantity of honey for which a producer may receive a
nonrecourse loan shall be reduced by 25 and 50 percent,
respectively, of the lesser of--
``(i) the amount requested for a nonrecourse loan,
or
``(ii) the most recent five year average of
previous loan placements.
``(4) The honey not eligible for the nonrecourse loan shall
be eligible for a recourse loan but shall not be eligible for a
loan deficiency payment.'';
(2) In paragraphs (3) and (4), by striking ``(3)'' and
``(4)'' and inserting ``(4)'' and ``(5)''; and
(3) After subsection (c)(2), by inserting the following new
paragraph:
``(3) In the case of the 1994 and 1995 marketing years, the
quantity of honey for which a producer can receive loan
deficiency payments shall be 75 and 50 percent, respectively,
of the lesser of--
``(i) the amount requested for honey eligible for
nonrecourse loans, or
``(ii) the average amount received in loan
deficiency payments for the previous five years.''.
SEC. 1203. AMENDMENTS TO SECTION 405A OF AGRICULTURAL ACT OF 1949.
Section 405A of the Agricultural Act of 1949 (7 U.S.C. 1425a) is
amended--
(1) in subsection (a), by striking ``$125,000'' and
inserting ``$75,000''; and
(2) in subsection (a), by striking all that follows
``Provided, however,'' and inserting ``In the case of the 1994
and 1995 marketing years, the amount that a producer can
forfeit shall be limited by the amount that can be put under
loan as determined under section 207(b) and (c) of this Act.''.
SEC. 1204. REPEAL OF SECTION 207 OF AGRICULTURAL ACT OF 1949.
(a) In General.--Effective December 31, 1995, Section 207 of the
Agricultural Act of 1949 (7 U.S.C. 1446h) is repealed.
(b) Prohibition.--Effective beginning December 31, 1995, the
Secretary of Agriculture may not provide loans or payments for honey by
using the funds of the Commodity Credit Corporation or under the
authority of any law, except that the Commodity Credit Corporation may
settle any outstanding loans made on or before December 31, 1995.
SEC. 1205. SAVINGS PROVISION.
A provision of this subtitle may not affect the liability of any
person under any provision of law as in effect before the effect date
of the provision.
TITLE II--DEPARTMENT OF COMMERCE
SEC. 2001. POLAR SATELLITE CONVERGENCE.
The Departments of Commerce and Defense and the National
Aeronautics and Space Administration shall propose a single operational
polar environmental and weather satellite system, which meets national
needs. A detailed implementation plan shall be submitted to Congress by
the Director of the Office of Science and Technology Policy, in
consultation with the Departments of Commerce and Defense and the
National Aeronautics and Space Administration, by April 30, 1994. The
plan shall be designed to result in savings of up to $300 million in
budget authority and up to $251 million in outlays between fiscal years
1994 and 1999.
TITLE III--DEPARTMENT OF DEFENSE
Subtitle A--Create Incentives for the Department of Defense to Generate
Revenues
SEC. 3001. INCENTIVES FOR DEPARTMENT OF DEFENSE TO GENERATE REVENUES.
Section 2577 of title 10, United States Code, is amended by
striking subsections (b) and (c), and inserting the following new
subsection:
``(b) Proceeds from the sale of recyclable materials at an
installation shall be credited to funds available for operations and
maintenance at that installation, and, at the discretion of the
installation commander, to the nonappropriated morale and welfare
account of the installation to be used for any morale and welfare
activity.''.
Subtitle B--Closure of the Uniform Services University of the Health
Sciences
SEC. 3101. CLOSURE OF UNIFORM SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
(a) Repeal of Authority.--Chapter 104 of title 10, United States
Code, is hereby repealed.
(b) Phase-Out Process.--(1) Notwithstanding any other provision of
law, the Secretary of Defense shall phase out the Uniformed Services
University of the Health Sciences, beginning in fiscal year 1995, and
ending with the closure of such University not later than September 30,
1998. No provision of section 2687 of title 10, United States Code, or
of any other law establishing preconditions to the closure of any
activity of the Department of Defense shall operate to establish any
precondition to the phase-out and closure of the Uniformed Services
University of the Health Sciences pursuant to this subtitle.
(2) Under the phase-out process required by paragraph (1), the
Secretary of Defense is authorized to exercise all of the authorities
pertaining to the operation of the Uniformed Services University of the
Health Sciences that were granted to the Secretary of Defense, the
Board of Regents, or the Dean of the Uniformed Services University of
the Health Sciences by chapter 104 of title 10, United States Code,
prior to enactment of the repeal of that chapter by subsection (a).
Such authorities may be exercised by the Secretary of Defense so as to
achieve an orderly phase-out of operations of the Uniformed Services
University of the Health Sciences.
(3) No new class of students may be admitted to begin studies in
the Uniformed Services University of the Health Sciences after
September 30, 1994. No students may be awarded degrees by such
University after September 30, 1998, except that the Secretary of
Defense may grant exceptions on a case-by-case basis for any students
who by that date have completed substantially all degree requirements.
(c) Authorities Unaffected.--(1) Commissioned service obligations
incurred by students of the Uniformed Services University of the Health
Sciences shall be unaffected by enactment of the repeal of chapter 104
of title 10, United States Code, by subsection (a).
(2) Nothing in this subtitle shall be construed as limiting the
exercise by the Secretary of Defense of other authorities under law
pertaining to health sciences education, training and professional
development, graduate medical education, medical and scientific
research, and similar activities. To the extent any such activities had
been assigned by the Secretary of Defense to the Uniformed Services
University of the Health Sciences, the Secretary of Defense's authority
to assign such activities to any other component or entity of the
Department of Defense shall be unaffected by the phase-out and closure
of the Uniformed Services University of the Health Sciences pursuant to
this subtitle.
(d) Conforming Amendments.--(1) Section 178 of title 10, United
States Code, pertaining to the Henry M. Jackson Foundation for the
Advancement of Military Medicine, is amended--
(A) in subsection (b), by striking ``Uniformed Services
University of the Health Sciences'' and inserting ``Department
of Defense'';
(B) in subsection (c)(1)(B), by striking ``the Dean of the
Uniformed Services University of the Health Sciences'' and
inserting ``a person designated by the Secretary of Defense'';
and
(C) in subsection (g)(1), by striking ``Uniformed Services
University of the Health Sciences'' and inserting ``Secretary
of Defense''.
(2) Section 466 of the Public Health Service Act (42 U.S.C. section
286a), pertaining to the Board of Regents of the National Library of
Medicine, is amended in subsection (a)(1)(B) by striking ``the Dean of
the Uniformed Services University of the Health Sciences''.
(3) The table of chapters and the table of sections at the
beginning of title 10, United States Code, is amended by striking
references to chapter 104 and sections 2112 through 2115.
(e) Effective Date.--This section shall be effective upon the date
of enactment.
Subtitle C--Streamline and Reorganize the U.S. Army Corps of Engineers
SEC. 3201. STREAMLINING AND REORGANIZATION OF CORPS OF ENGINEERS.
Notwithstanding any other provision of law, the Secretary of the
Army shall reorganize the United States Army Corps of Engineers by
reorganizing the headquarters offices, reducing the number of division
offices, and restructuring the district functions so as to increase the
efficiency of the United States Army Corps of Engineers and reduce
staff and costs, with the goal of achieving approximately $50 million
in net annual savings by fiscal year 1998.
TITLE IV--DEPARTMENT OF ENERGY
Subtitle A--Alaska Power Administration Sale Authorization Act
SEC. 4001. SHORT TITLE.
This subtitle may be cited as the ``Alaska Power Administration
Sale Authorization Act''.
SEC. 4002. SALE OF SNETTISHAM AND EKLUTNA HYDROELECTRIC PROJECTS.
(a) The Secretary of Energy may sell the Snettisham Hydroelectric
Project (referred to in this subtitle as ``Snettisham'') to the State
of Alaska Power Authority (now known as the Alaska Industrial
Development and Export Authority, and referred to in this subtitle as
the ``Authority''), or its successor, in accordance with the February
10, 1989, Snettisham Purchase Agreement between the Alaska Power
Administration of the United States Department of Energy and the
Authority.
(b) The Secretary of Energy may sell the Eklutna Hydroelectric
Project (referred to in this subtitle as ``Eklutna'') to the
Municipality of Anchorage doing business as Municipal Light and Power,
the Chugach Electric Association, Inc., and the Matanuska Electric
Association, Inc. (referred to in this subtitle as ``Eklutna
Purchasers'') in accordance with the August 2, 1989, Eklutna Purchase
Agreement between the United States Department of Energy and the
Eklutna Purchasers.
(c) The heads of other affected Federal departments and agencies,
including the Secretary of the Interior, shall assist the Secretary of
Energy in implementing the sales authorized by this Act.
(d) The Secretary of Energy shall deposit sale proceeds in the
Treasury of the United States to the credit of miscellaneous receipts.
(e) There are authorized to be appropriated such sums as are
necessary to prepare or acquire Eklutna and Snettisham assets for sale
and conveyance, such preparations to provide sufficient title to ensure
the beneficial use, enjoyment, and occupancy to the purchasers of the
assets to be sold.
(f) No later than one year after both of the sales authorized in
section 4002 have occurred, as measured by the Transaction Dates
stipulated in the Purchase Agreements, the Secretary of Energy shall--
(1) complete the business of, and close out, the Alaska
Power Administration; and
(2) prepare and submit to Congress a report documenting the
sales.
SEC. 4003. ASSESSMENT OF ALTERNATIVE OPTIONS.
Before taking any action authorized in section 4002, the Secretary
shall assess the feasibility of alternative options for maximizing the
return to the Treasury from the sale of the Alaska Power Marketing
Administration.
Subtitle B--Federal-Private Cogeneration of Electricity
SEC. 4101. FEDERAL-PRIVATE COGENERATION OF ELECTRICITY.
Section 804(2)(B) of the National Energy Conservation Policy Act
(42 U.S.C. 8287c(2)(B)) is amended by striking ``, excluding any
cogeneration process for other than a federally owned building or
buildings or other federally owned facilities.''.
Subtitle C--Power Marketing Administration Debt Buyout
PART 1--BONNEVILLE POWER ADMINISTRATION DEBT BUYOUT
SEC. 4201. SHORT TITLE.
This part may be cited as the ``Bonneville Power Administration
Repayment Bonds Act''.
SEC. 4202. SALE OF BONDS.
Notwithstanding any other law and without fiscal year limitation--
(1) in addition to the authority in section 13 of the
Federal Columbia River Transmission System Act (16 U.S.C.
838k), the Administrator may issue and sell bonds, notes, and
other evidences of indebtedness (referred to in this part as
``Bonds'') in the manner and amounts the Administrator,
considers appropriate in the name of and for and on behalf of
the Bonneville Power Administration, to--
(A) satisfy the unpaid repayment obligation
associated with the appropriated capital investment
made in the Federal Columbia River Power System before
the issuance of the Bonds authorized under this part
takes place, but not including Federal irrigation
investments assigned to be repaid from power revenues;
and
(B) refund Bonds;
(2) the Administrator shall transfer, and the Secretary of
the Treasury shall accept for the account of the General Fund,
the net proceeds of the Bonds referred to in paragraph (1)(A),
and when the Secretary of the Treasury receives the net
proceeds, the repayment obligation associated with the part of
the appropriated capital investment in the Federal Columbia
River Power System covered by the Bonds is considered to be
satisfied forever;
(3) the Secretary of the Treasury, in consultation with the
Administrator, shall establish the amount of proceeds needed to
satisfy the unpaid repayment obligation associated with the
part of the capital investment referred to in paragraph (1)(A)
as the amount necessary to increase the sum of the net proceeds
and the discounted present value of the remaining Federal debt
service of the Federal Columbia River Power System by $100
million relative to the discounted present value of the total
Federal debt service of the Federal Columbia River Power System
as provided by the Administrator based upon the repayment
schedule that would have been paid under repayment policy and
practices in effect on September 1, 1993;
(4) to determine the discounted present values in paragraph
(3), the Secretary of the Treasury shall use discount rates
based on the secondary market's average yield for the most
recently issued 30-year Treasury bonds when the Bonds
authorized in paragraph (1) are issued;
(5) these Bonds shall be in the forms and denominations,
bear the maturities (without respect to the remaining average
service life of the capital investment associated with the
repayment obligation satisfied by the Bonds issued under this
part), be issued and sold at the times, prices, discounts, and
yields, and be subject to other terms and conditions (including
variable rates) as the Administrator considers appropriate;
(6) under section 2(f) of the Bonneville Project Act of
1937 (16 U.S.C. 832a(f)) and this part, the Administrator may
enter into any contract that the Administrator considers
necessary for the purposes of carrying out this part including,
but not limited to, contracts for--
(A) the payment of the principal, interest, and
premium, if any, on Bonds issued under this part;
(B) the purchase or redemption of those Bonds;
(C) the payment of costs and expenses incidental to
this payment, purchase, and redemption; or
(D) the creation of reserve and other funds to be
held by a trustee, which funds the Administrator may
pledge exclusively to pay those costs for which the
funds were created and establish a lien on the funds in
favor of the beneficiaries of the funds under any
indenture, resolution, or other agreement entered into
in connection with the issuance of Bonds under this
part;
(7) Bonds issued under this part--
(A) shall be issuable and payable through the
Federal wire system;
(B) are negotiable instruments that may be accepted
as security for all fiduciary, trust, and public funds,
the investment or deposit of which is under the
authority or control of any officer or agency of the
United States;
(C) may be held without limitation by national
banks;
(D) qualify as legal investments for banks, savings
and loan institutions, and credit unions; and
(E) are eligible collateral for Federal advances
and discounts, for deposits of the United States, and
for the Treasury tax and loan accounts;
(8) Bonds issued under this part are not intended to be and
are not secured by the full faith and credit of the United
States;
(9) Bonds issued under this part are exempt both as to
principal and interest from all taxation by any State or local
taxing authority, except estate, inheritance, and gift taxes;
(10) Bonds issued under this part shall contain a recital
that they are issued under this part and this recital is
conclusive evidence of the regularity of the issuance and sale
of the Bonds and their validity;
(11) the Bonds issued under this part, all receipts of the
Secretary of the Treasury under this part, any portion of the
fund established under the Federal Columbia River Transmission
System Act (16 U.S.C. 838 et seq.) related to these Bonds, all
receipts and disbursements of that fund related to these Bonds,
and all expenditures by the Administrator related to these
Bonds--
(A) are exempt from any general budget limitation
imposed by statute on expenditures and net lending
(budget outlays) of the United States Government,
sequestration order, or discretionary spending limit;
(B) are exempt from any order issued pursuant to
sections 251, 252, or 253 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et
seq.); and
(C) are not subject to apportionment under
subchapter II of chapter 15 of title 31, United States
Code;
(12) in all future contracts for the sale of electric
power, transmission, or other services, the Administrator shall
include provisions specifying that after the repayment
obligation is fully and forever satisfied, the Administrator's
rates for electric power, transmission, or other services shall
not include any form of economic rent to be returned to the
United States Government, including, without limitation, a
falling water charge or any other fee for use of Federal
facilities for power generation or transmission, that relates
to a project, facility, or separable unit of a project or
facility associated with the satisfied repayment obligation,
other than a charge necessary to repay the new indebtedness
incurred under this part. Amounts provided under section 1304
of title 31, United States Code, shall be the sole source for
payment of a judgment against the Administrator or the United
States on a claim for a violation of the contract provision
required by this paragraph;
(13) the Administrator shall offer to amend the
Administrator's existing contracts for the sale of electric
power, transmission, or other services to include the
provisions described in paragraph (12); and
(14) the Administrator shall consult with the Secretary of
the Treasury regarding the timing and structure of the bonds
issued under this part.
SEC. 4203. PAYMENT OF BOND COSTS.
Section 11(b)(6) of the Federal Columbia River Transmission System
Act (16 U.S.C. 838i(b)(6)), is amended by striking ``or'' before
``(iv)'' and by inserting before the semicolon ``, or (v) to pay the
cost of financing and debt service, including premiums, if any, on Bond
issued by the Bonneville Power Administration''.
SEC. 4204. COMBINED REPAYMENT STUDY.
Section 7(a) of the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 893e(a)), is amended by adding after
paragraph (2) the following:
``(3) In establishing power and transmission rates, the
Administrator may base them on a single, combined generation
and transmission repayment study which demonstrates that all
indebtedness is repaid by its due date. The use of such a study
is sufficient for the commission to approve the rates as
meeting repayment requirements.''.
SEC. 4205. DEFINITIONS.
For the purposes of this part--
(1) ``Administrator'' means the Administrator of the
Bonneville Power Administration; and
(2) ``appropriated capital investment made in the Federal
Columbia River Power System'' means an investment made by the
United States that--
(A) is made using Federal appropriations;
(B) is for a project or separable feature of a
project that is placed in service;
(C) is allocated to power and required by law to be
repaid from the power revenues by the Administrator;
(D) is not allocated or suballocated to irrigation;
and
(E) excludes an investment made using funds
borrowed under section 13 of the Federal Columbia River
Transmission System Act.
PART 2--OTHER POWER MARKETING ADMINISTRATIONS DEBT BUYOUT
SEC. 4206. SHORT TITLE.
This part may be cited as the ``Power Marketing Administrations
Financing Act''.
SEC. 4207. DEFINITIONS.
For the purposes of this part--
(1) ``Administrator'' means the Administrator of the
Southeastern Power Administration, the Administrator of the
Southwestern Power Administration, and the Administrator of the
Western Area Power Administration;
(2) ``Fund'' means the Power Marketing Administration
Sinking Fund established under section 4209; and
(3) ``Power marketing administration'' means the
Southeastern Power Administration, the Southwestern Power
Administration, and the Western Area Power Administration.
SEC. 4208. REPAYMENT OF EXISTING INDEBTEDNESS.
(a) Notwithstanding any other law, within 12 months after the
enactment of this Act, each Administrator shall develop, in
consultation with the Secretary of the Treasury, and shall implement a
plan for paying the United States Treasury the discounted present value
of principal and interest payments on power investments scheduled to be
paid to the United States Treasury as provided by the Administrator
under existing law and repayment practices by that power marketing
administration, as well as a one-time additional payment of $12,500,000
by the Southeastern Power Administration, $12,500,000 by the
Southwestern Power Administration, and $50,000,000 by the Western Area
Power Administration. Each Administrator shall issue revenue bonds as
provided in section 4210 to pay the obligation to the United States
Treasury addressed in this section, except that the issuance of these
bonds shall occur only if each Administrator determines by means of
financial studies that the refinancing will not cause an increase in
power rates over existing repayment practices. When the Treasury
receives full payment from an Administrator, it shall consider the
repayment obligation of the Administration associated with the payment
fully and forever discharged.
(b) In all future contracts for the sale of electric power,
transmission, or other services, each Administrator shall include
provisions agreeing that when the repayment obligation is fully and
forever discharged under subsection (a), the Administrator's rates for
electric power, transmission, or other services shall not, other than
is necessary to repay the new indebtedness incurred under this Act,
include any charge in place of the satisfied obligation or include any
other similar form of economic rent by or returned to the United States
(including, without limitation, a falling water charge or any other
type of user fee for use of Federal facilities for the purpose of power
generation and transmission) on account of any project, facility, or
separable unit of a project or facility associated with the repayment
obligation satisfied.
(c) Each Administrator shall offer to amend existing contracts for
the sale of electric power, transmission, or other services to include
the provision described in subsection (b).
SEC. 4209. POWER MARKETING ADMINISTRATION SINKING FUND.
(a) There is established in the Treasury of the United States a
Power Marketing Administration Sinking Fund. The Secretary of the
Treasury, acting as trustee for the power marketing administrations,
shall establish and maintain a separate account in the Fund for each
power marketing administration, and monies of one power marketing
administration shall not be commingled with monies of another power
marketing administration. Within the separate account for each power
marketing administration, separate projects or systems shall be
accounted for separately. An Administrator may deposit into the Fund
the monies derived from revenues that the Administrator considers
appropriate to ensure that the bonds issued under section 4210 are
refunded in a timely manner.
(b) Balances in the Fund shall earn interest at a rate determined
by the Secretary of the Treasury.
(c) An Administrator may make expenditures from the Administrator's
account in the Fund without further appropriation and without fiscal
year limitation to pay indebtedness incurred from bonds issued under
section 4210.
(d) Each power marketing administration shall maintain its books of
account in substantial conformance with the Uniform System of Accounts
of the Federal Energy Regulatory Commission.
(e) The financial transactions of an Administrator shall be audited
by independent financial auditors, and reports of the results of each
audit shall be made to the Congress within 6\1/2\ months following the
end of the fiscal year covered by the audit.
SEC. 4210. REVENUE BONDS.
(a) Each Administrator, in consultation with the Secretary of the
Treasury, may issue and sell from time to time in the name of, and for
and on behalf of, the respective power marketing administration bonds,
notes, and other evidences of indebtedness (in this section
collectively referred to as ``bonds'') to refinance existing
indebtedness as provided in section 4208 and to issue and sell bonds to
refund those bonds. The bonds shall be in the forms and denominations,
bear maturities (without respect to the remaining average service life
of facilities), and be subject to terms and conditions as prescribed by
the Administrator taking into account terms and conditions prevailing
in the market for similar bonds and financing practices of the utility
industry. Provisions for early retirement of bonds may be prescribed by
each Administrator. The bonds shall bear interest at a rate determined
by the Administrator.
(b) Each Administrator may enter into any contract that the
Administrator considers necessary for the purposes of carrying out this
part including, but not limited to, contracts for--
(1) the payment of the principal, interest, and premium, if
any, on bonds issued under this part;
(2) their purchase or redemption;
(3) the payment of costs and expenses incidental to their
payment, purchase, and redemption; or
(4) the creation of reserve and other funds to be held by
the Secretary of the Treasury as trustee, which funds the
Administrator may pledge exclusively to pay those costs for
which the funds were created and may establish a lien on the
funds in favor of the beneficiaries of the funds under any
indenture, resolution, or other agreement entered into in
connection with the issuance of bonds under this part.
(c) Bonds issued under this part--
(1) shall be issuable and negotiable through the Federal
wire system;
(2) are negotiable instruments that may be accepted as
security for all fiduciary, trust, and public funds, the
investment or deposit of which is under the authority or
control of any officer or agency of the United States;
(3) may be held, without limitation, by national banks;
(4) qualify as legal instruments for banks, savings and
loan institutions, and credit unions; and
(5) are eligible collateral for Federal advances and
discounts, for deposits of the United States, and for Treasury
tax and loan accounts.
(d) Bonds issued under this part are exempt both as to principal
and interest from all taxation by any State or local taxing authority,
except estate, inheritance, and gift taxes.
(e) Bonds issued under this part shall contain a recital that they
are issued under this part and such a recital is conclusive evidence of
the regularity of the issuance and sale of the bonds and their
validity.
(f) These bonds are not intended to be and are not secured by the
full faith and credit of the United States.
(g) The bonds issued under this part, all receipts of the Secretary
of the Treasury under this part, any portion of the Fund established
under section 4210 related to these bonds, all receipts and
disbursements of the Fund related to these bonds, and all expenditures
by an Administrator related to these bonds--
(1) are exempt from any general budget limitation imposed
by statute on expenditures and net lending (budget outlays) of
the United States Government, sequestration order, or
discretionary spending limit;
(2) are exempt from any order issued pursuant to sections
251, 252, or 253 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.); and
(3) are not subject to apportionment under subchapter II of
chapter 15 of title 31, United States Code.
(h) With respect to the Western Area Power Administration, except
as otherwise provided, this Act is considered to be a supplement to the
Federal reclamation laws.
TITLE V--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Subtitle A--Increased Flexibility in Contracting for Medicare Claims
Processing
SEC. 5001. INCREASED FLEXIBILITY IN CONTRACTING FOR MEDICARE CLAIMS
PROCESSING.
(a) Carriers to Include Entities That are not Insurance
Companies.--
(1) The matter in section 1842(a) of the Social Security
Act preceding paragraph (1) is amended by striking ``with
carriers'' and inserting ``with agencies and organizations
(referred to as carriers'').
(2) Section 1842(f) of the Act is repealed.
(b) Elimination of Intermediary Nomination by Providers of
Services; Secretarial Flexibility in Assigning Functions to
Intermediaries and Carriers.--
(1) Section 1816 of that Act is amended by striking
everything after the heading but before subsection (b) and
inserting the following:
``Sec. 1816. (a)(1) The Secretary may enter into agreements with
agencies or organizations to perform some or all of the following
functions (or parts of those functions):
``(A) determine (subject to the provisions of section 1878
and to such review by the Secretary as may be provided for by
the agreements) the amount of the payments required pursuant to
this part to be made to providers of services,
``(B) make payments described in subparagraph (A),
``(C) provide consultative services to institutions or
agencies to enable them to establish and maintain fiscal
records necessary for purposes of this part and otherwise to
qualify as hospitals, extended care facilities, and home health
agencies,
``(D) serve as a center for, and communicate to providers,
any information or instructions furnished to the agency or
organization by the Secretary, and serve as a channel of
communication from providers to the Secretary,
``(E) make such audits of the records of providers as may
be necessary to ensure that proper payments are made under this
part, and
``(F) perform such other functions as are necessary to
carry out the purposes of this part.
``(2) As used in this title and part B of title XI, the term
`fiscal intermediary' means an agency or organization with a contract
under this section.''.
(2) Subsections (d) and (e) of section 1816 of that Act are
repealed.
(3) Section 1816(f)(1) of that Act is amended by striking
the second sentence.
(4) The matter in section 1842(a) of that Act preceding
paragraph (1) is amended by inserting ``, or parts of those
functions'' after ``following functions''.
(5) Section 1842(b)(3)(G) of that Act is amended by
inserting ``(unless provided by another carrier)'' after ``will
provide''.
(6) The matter in section 1842(b)(3)(H) of that Act
preceding clause (i) is amended by striking ``implement--'' and
inserting ``implement (as appropriate)--''.
(7) Section 1842(b)(3)(L) of that Act is amended by
inserting ``(as appropriate)'' after ``will''.
(8) The first sentence of section 1842(h)(2) of that Act is
amended by inserting ``(unless maintained by another carrier)''
after ``shall maintain''.
(c) Elimination of Special Provisions for Termination of
Contracts.--
(1) Section 1816(f)(1) of that Act is amended by striking
``, renew, or terminate'' and ``or reassign''.
(2) Section 1816(g) of that Act is repealed.
(3) Section 1842(b) of that Act is amended by striking
paragraph (5).
(d) Repeal of Prohibition Against Data Matching.--Sections
1816(c)(1) and 1842(b)(2)(A) of that Act are each amended by striking
the last sentence.
(e) Repeal of Cost Reimbursement Requirements.--
(1) The first sentence of section 1816(c)(1) of that Act is
amended--
(A) by striking the comma after ``appropriate'' and
inserting ``and''; and
(B) by striking everything after ``subsection (a)''
up to the period.
(2) Section 1816(c)(1) of that Act is further amended by
striking the remaining sentences.
(3) The first sentence of section 1842(c)(1)(A) of that Act
is amended--
(A) by striking ``shall provide'' the first place
it occurs and inserting ``may provide''; and
(B) by striking everything after ``this part'' up
to the period.
(4) Section 1842(c)(1)(A) of that Act is further amended by
striking the remaining sentences.
(5) Section 2326(a) of the Deficit Reduction Act of 1984 is
repealed.
(f) Elimination of Separate Carrier for Railroad Retirees.--Section
1842(g) of the Social Security Act is repealed.
(g) Effective Date.--The amendments made by the preceding
subsections apply to contracts (including renewals) entered into after
the third calendar month that begins after the date of enactment of
this Act.
Subtitle B--Workers' Compensation Data Exchange Pilot Projects
SEC. 5101. WORKERS' COMPENSATION DATA EXCHANGE PILOT PROJECTS.
(a) In General.--The Secretary is authorized to conduct pilot
projects with not more than three States for the purpose of studying
various means of obtaining on a timely and accurate basis such
information relating to benefits paid on account of total or partial
disability under the States' workers' compensation plan as the
Secretary may require for the purpose of carrying out section 224 of
the Social Security Act.
(b) Reimbursement of State Costs.--A State that participates in a
project conducted pursuant to subsection (a) may be paid by the
Secretary, from amounts available pursuant to subsection (e), the
reasonable costs of such participation.
(c) Evaluation.--The Secretary shall evaluate each project
conducted pursuant to subsection (a) and shall apply the findings, as
appropriate, to agreements negotiated pursuant to subsection (h)(2) of
such section 224.
(d) Deadline for Commencement of Projects.--No pilot project
authorized by subsection (a) may be commenced after the expiration of
the 5-year period beginning on the date of enactment of this section.
(e) Funding.--Expenditures for pilot projects conducted pursuant to
subsection (a) may be made from the Federal Disability Insurance Trust
Fund and the Old-Age and Survivors Insurance Trust Fund, as determined
appropriate by the Secretary.
(f) Effective Date.--This section shall be effective upon
enactment.
Subtitle C--Federal Clearinghouse on Death Information
SEC. 5201. FEDERAL CLEARINGHOUSE ON DEATH INFORMATION.
(a) Clearinghouse Designation.--The heading for section 205(r) of
the Social Security Act is amended to read as follows: ``Clearinghouse
on Death Information''.
(b) Acquisition of Disclosable Death Information From States.--
(1) Section 205(r)(1)(A) of the Social Security Act is
amended by striking ``to furnish the Secretary periodically
with'' and inserting ``to furnish periodically to the
Secretary, for use in carrying out subparagraph (B) and
paragraphs (3) and (4),''.
(2)(A) Notwithstanding clause (ii) of section 6103(d)(4)(B)
of the Internal Revenue Code of 1986 (as added by section
13444(a) of the Omnibus Budget Reconciliation Act of 1993
(Public Law 103-66)), in order for a contract requiring a State
to furnish the Secretary of Health and Human Services
information concerning individuals with respect to whom death
certificates (or equivalent documents maintained by the State
or any subdivision thereof) have been officially filed with it
to meet the requirements of such section 6103(d)(4)(B), such
contract shall authorize the Secretary to use such information
and to redisclose such information to any Federal agency or any
agency of a State or political subdivision in accordance with
section 205(r) of the Social Security Act.
(B) The provisions of subparagraph (A) of this paragraph
and, notwithstanding subparagraph (C) of section 6103(d)(4) of
the Internal Revenue Code of 1986 (as added by section 13444(a)
of the Omnibus Budget Reconciliation Act of 1993 (Public Law
103-66)), the provisions of subparagraphs (A) and (B) of such
section 6103(d)(4) shall apply to all States, regardless of
whether they were, on July 1, 1993, pursuant to a contract,
furnishing the Secretary of Health and Human Services
information concerning individuals with respect to whom death
certificates (or equivalent documents maintained by the State
or any subdivision thereof) have been officially filed with it.
(C) Subparagraphs (A) and (B) of this paragraph shall take
effect at the same time as the amendment made by section
13444(a) of the Omnibus Budget Reconciliation Act of 1993 takes
effect.
(D) For the purpose of applying the special rule contained
in section 13444(b)(2) of the Omnibus Budget Reconciliation Act
of 1993, the reference in such section to section 6103(d)(4)(B)
of the Internal Revenue Code of 1986 shall be deemed to include
a reference to subparagraph (A) of this paragraph.
(c) Payment to States for Death Information.--Section 205(r)(2) of
the Social Security Act is amended--
(1) by striking ``the reasonable costs'' and inserting ``a
reasonable amount''; and
(2) by striking ``transcribing and transmitting'' and
inserting ``furnishing''.
(d) Fee for Clearinghouse Information.--
(1) Section 205(r)(3) of the Social Security Act is amended
by striking out ``if'' and all that follows, and inserting ``,
provided that such agency agrees to pay the fees set by the
Secretary pursuant to paragraph (8).''.
(2) Section 205(r)(4) of the Social Security Act is
amended--
(A) by inserting ``and political subdivisions''
after ``States'' the first place such term appears;
(B) by striking ``the States'' and inserting ``any
State, political subdivision, or combination thereof'';
and
(C) by striking ``if'' and all that follows and
inserting ``provided such States and political
sudivisions agree to pay the fees set by the Secretary
pursuant to paragraph (8).''.
(3) Section 205(r) of the Social Security Act is amended by
adding at the end a new paragraph as follows: ``(8) The
Secretary shall establish fees for the disclosure of
information pursuant to this subsection. Such fees shall be in
amounts sufficient to cover all costs (including indirect
costs) associated with the Secretary's responsibilities under
this subsection. Fees collected pursuant to this paragraph
shall remain available, without fiscal year limitation, to the
Secretary to cover the administrative costs of carrying out
this subsection.''.
(e) Technical Assistance.--Section 205(r) of the Social Security
Act is amended by adding at the end (after the paragraph added by
subsection (d)(3)) the following new paragraph:
``(9) The Secretary may provide to any Federal or State agency that
provides Federally funded benefits, upon the request of such agency,
technical assistance on the effective collection, dissemination, and
use of death information available under this subsection for the
purpose of ensuring that such benefits are not erroneously paid to
deceased individuals.''.
(f) Technical Amendment.--Section 205(r) of the Social Security Act
is amended by adding at the end (after the paragraph added by
subsection (e)) the following new paragraph:
``(10) For purposes of this subsection, the term `Federally funded
benefit' means any payment funded in whole or in part by the Federal
Government.''.
(g) Effective Date.--Except as otherwise provided, the amendments
made by this section shall take effect upon their enactment.
Subtitle D--Continuing Disability Reviews
SEC. 5301. CONTINUING DISABILITY REVIEWS.
Section 201(g)(1)(A) of the Social Security Act is amended by
adding at the end of the paragraph the following sentence: ``From funds
provided pursuant to this subparagraph for the following fiscal years,
not less than the following amounts shall be available only for
conducting continuing disability reviews and related workloads: for
fiscal year 1994, $46 million; for fiscal year 1995, $47,200,000; for
fiscal year 1996, $48,500,000; for fiscal year 1997, $49,800,000; for
fiscal year 1998, $51,100,000; and for fiscal year 1999,
$52,500,000.''.
TITLE VI--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Subtitle A--Multifamily Property Disposition
SEC. 6001. MULTIFAMILY PROPERTY DISPOSITION.
(a) Findings.--The Congress finds that--
(1) the portfolio of multifamily housing project mortgages
insured by the FHA is severely troubled and at risk of default,
requiring the Secretary to increase loss reserves from
$5,500,000,000 in 1991 to $11,900,000,000 in 1992 to cover
estimated future losses;
(2) the inventory of multifamily housing projects owned by
the Secretary has more than tripled since 1989, and, by the end
of 1993, may exceed 75,000 units;
(3) the cost to the Federal Government of owning and
maintaining multifamily housing projects escalated to
approximately $250,000,000 in fiscal year 1992;
(4) the inventory of multifamily housing projects subject
to mortgages held by the Secretary has increased dramatically,
to more than 2,400 mortgages, and approximately half of these
mortgages, with over 230,000 units, are delinquent;
(5) the inventory of insured and formerly insured
multifamily housing projects is rapidly deteriorating,
endangering tenants and neighborhoods;
(6) over 5 million families today have a critical need for
housing that is affordable and habitable; and
(7) the current statutory framework governing the
disposition of multifamily housing projects effectively impedes
the Government's ability to dispose of properties, protect
tenants, and ensure that projects are maintained over time.
(b) Management and Disposition of Multifamily Housing Projects.--
Section 203 of the Housing and Community Development Amendments of 1978
(12 U.S.C. 1701z-11) is amended to read as follows:
``SEC. 203. MANAGEMENT AND DISPOSITION OF MULTIFAMILY HOUSING PROJECTS.
``(a) Goals.--The Secretary of Housing and Urban Development
(hereafter in this section referred to as the `Secretary') shall manage
or dispose of multifamily housing projects that are owned by the
Secretary or that are subject to a mortgage held by the Secretary in a
manner that--
``(1) is consistent with the National Housing Act and this
section;
``(2) will protect the financial interests of the Federal
Government; and
``(3) will, in the least costly fashion among reasonable
available alternatives, further the goals of--
``(A) preserving housing so that it can remain
available to and affordable by low-income persons;
``(B) preserving and revitalizing residential
neighborhoods;
``(C) maintaining existing housing stock in a
decent, safe, and sanitary condition;
``(D) minimizing the involuntary displacement of
tenants;
``(E) maintaining housing for the purpose of
providing rental housing, cooperative housing, and
homeownership opportunities for low-income persons; and
``(F) minimizing the need to demolish multifamily
housing projects.
The Secretary, in determining the manner in which a project is to be
managed or disposed of, may balance competing goals relating to
individual projects in a manner that will further the purposes of this
section.
``(b) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Multifamily housing project.--The term `multifamily
housing project' means any multifamily rental housing project
which is, or prior to acquisition by the Secretary was,
assisted or insured under the National Housing Act, or was
subject to a loan under section 202 of the Housing Act of 1959.
``(2) Subsidized project.--The term `subsidized project'
means a multifamily housing project receiving any of the
following types of assistance immediately prior to the
assignment of the mortgage on such project to, or the
acquisition of such mortgage by, the Secretary:
``(A) Below market interest rate mortgage insurance
under the proviso of section 221(d)(5) of the National
Housing Act.
``(B) Interest reduction payments made in
connection with mortgages insured under section 236 of
the National Housing Act.
``(C) Direct loans made under section 202 of the
Housing Act of 1959.
``(D) Assistance in the form of--
``(i) rent supplement payments under
section 101 of the Housing and Urban
Development Act of 1965;
``(ii) housing assistance payments made
under section 23 of the United States Housing
Act of 1937 (as in effect before January 1,
1975); or
``(iii) housing assistance payments made
under section 8 of the United States Housing
Act of 1937 (excluding payments made for
tenant-based assistance under section 8),
if (except for purposes of section 183(c) of the
Housing and Community Development Act of 1987) such
assistance payments are made to more than 50 percent of
the units in the project.
``(3) Formerly subsidized project.--The term `formerly
subsidized project' means a multifamily housing project owned
by the Secretary that was a subsidized project immediately
prior to its acquisition by the Secretary.
``(4) Unsubsidized project.--The term `unsubsidized
project' means a multifamily housing project owned by the
Secretary that is not a subsidized project or a formerly
subsidized project.
``(c) Management or Disposition of Property.--
``(1) Disposition to purchasers.--The Secretary is
authorized, in carrying out this section, to dispose of a
multifamily housing project owned by the Secretary on a
negotiated, competitive bid, or other basis, on such terms as
the Secretary deems appropriate considering the low-income
character of the project and the requirements of subsection
(a), to a purchaser determined by the Secretary to be capable
of--
``(A) satisfying the conditions of the disposition;
``(B) implementing a sound financial and physical
management program that is designed to enable the
project to meet anticipated operating and repair
expenses to ensure that the project will remain in
decent, safe, and sanitary condition;
``(C) responding to the needs of the tenants and
working cooperatively with tenant organizations;
``(D) providing adequate organizational staff and
financial resources to the project; and
``(E) meeting such other requirements as the
Secretary may determine.
``(2) Contracting for management services.--The Secretary
is authorized, in carrying out this section--
``(A) to contract for management services for a
multifamily housing project that is owned by the
Secretary (or for which the Secretary is mortgagee in
possession), on a negotiated, competitive bid, or other
basis at a price determined by the Secretary to be
reasonable, with a manager the Secretary has determined
is capable of--
``(i) implementing a sound financial and
physical management program that is designed to
enable the project to meet anticipated
operating and maintenance expenses to ensure
that the project will remain in decent, safe,
and sanitary condition;
``(ii) responding to the needs of the
tenants and working cooperatively with tenant
organizations;
``(iii) providing adequate organizational,
staff, and other resources to implement a
management program determined by the Secretary;
and
``(iv) meeting such other requirements as
the Secretary may determine; and
``(B) to require the owner of a multifamily housing
project that is subject to a mortgage held by the
Secretary to contract for management services for the
project in the manner described in subparagraph (A).
``(d) Maintenance of Housing Projects.--
``(1) Housing projects owned by the secretary.--In the case
of multifamily housing projects that are owned by the Secretary
(or for which the Secretary is mortgagee in possession), the
Secretary shall--
``(A) to the greatest extent possible, maintain all
such occupied projects in a decent, safe, and sanitary
condition;
``(B) to the greatest extent possible, maintain
full occupancy in all such projects; and
``(C) maintain all such projects for purposes of
providing rental or cooperative housing.
``(2) Housing projects subject to a mortgage held by the
secretary.--In the case of any multifamily housing project that
is subject to a mortgage held by the Secretary, the Secretary
shall require the owner of the project to carry out the
requirements of paragraph (1).
``(e) Required Assistance.--In carrying out the goal specified in
subsection (a)(3)(A), the Secretary shall take not less than one of the
following actions:
``(1) Contract with owner.--Enter into contracts under
section 8 of the United States Housing Act of 1937, to the
extent budget authority is available, with owners of
multifamily housing projects that are acquired by a purchaser
other than the Secretary at foreclosure or after sale by the
Secretary.
``(A) Subsidized or formerly subsidized projects
receiving certain assistance.--In the case of a
subsidized or formerly subsidized project referred to
in subparagraphs (A) through (C) of subsection (b)(2)--
``(i) the contract shall be sufficient to
assist at least all units covered by an
assistance contract under any of the
authorities referred to in subsection (b)(2)(D)
before acquisition, unless the Secretary acts
pursuant to the provisions of subparagraph (C);
``(ii) in the case of units requiring
project-based rental assistance pursuant to
this paragraph that are occupied by families
who are not eligible for assistance under
section 8, a contract under this subparagraph
shall also provide that when a vacancy occurs,
the owner shall lease the available unit to a
family eligible for assistance under section 8;
and
``(iii) the Secretary shall take actions to
ensure the availability and affordability, as
defined in paragraph (3)(B), for the remaining
useful life of the project, as defined by the
Secretary, of any unit located in any project
referred to in subparagraphs (A) through (C) of
subsection (b)(2) that does not otherwise
receive project-based assistance under this
subparagraph. To carry out this clause, the
Secretary may require purchasers to establish
use or rent restrictions maintaining
affordability, as defined in paragraph (3)(B).
``(B) Subsidized or formerly subsidized projects
receiving other assistance.--In the case of a
subsidized or formerly subsidized project referred to
in subsection (b)(2)(D)--
``(i) the contract shall be sufficient to
assist at least all units in the project that
are covered, or were covered immediately before
foreclosure on or acquisition of the project by
the Secretary, by an assistance contract under
any of the authorities referred to in such
subsection, unless the Secretary acts pursuant
to provisions of subparagraph (C); and
``(ii) in the case of units requiring
project-based rental assistance pursuant to
this paragraph that are occupied by families
who are not eligible for assistance under
section 8, a contract under this paragraph
shall also provide that when a vacancy occurs,
the owner shall lease the available unit to a
family eligible for assistance under section 8.
``(C) Exceptions to subparagraphs (a) and (b).--In
lieu of providing project-based assistance under
subparagraph (A) or (B), the Secretary may require
certain units in unsubsidized projects to contain use
restrictions providing that such units will be
available to and affordable by very low-income families
for the remaining useful life of the project, as
defined by the Secretary, if--
``(i) the Secretary matches any reduction
in units otherwise required to be assisted with
project-based assistance under subparagraph (A)
or (B) with at least an equivalent increase in
units made affordable to very low-income
persons within unsubsidized projects;
``(ii) low-income tenants residing in units
otherwise requiring project-based assistance
under subparagrph (A) or (B) upon disposition
receive section 8 tenant-based assistance; and
``(iii) the units described in clause (i)
are located within the same market area.
``(D) Contract requirements for unsubsidized
projects.--Notwithstanding actions taken pursuant to
subparagraph (C), in unsubsidized projects, the
contract shall at least be sufficient to provide--
``(i) project-based rental assistance for
all units that are covered or were covered
immediately before foreclosure or acquisition
by an assistance contract under--
``(I) section 8(b)(2) of the United
States Housing Act of 1937 (as such
section existed before October 1, 1983)
(new construction and substantial
rehabilitation); section 8(b) of such
Act (property disposition); section
8(d)(2) of such Act (project-based
certificates); section 8(e)(2) of such
Act (moderate rehabilitation); section
23 of such Act (as in effect before
January 1, 1975); or section 101 of the
Housing and Urban Development Act of
1965 (rent supplements); or
``(II) section 8 of the United
States Housing Act of 1937, following
conversion from section 101 of the
Housing and Urban Development Act of
1965; and
``(ii) tenant-based assistance under
section 8 of the United States Housing Act of
1937 for tenants currently residing in units
that were covered by an assistance contract
under the Loan Management Set-Aside program
under section 8(b) of the United States Housing
Act of 1937 immediately before foreclosure or
acquisition of the project by the Secretary.
``(2) Annual contribution contracts.--In the case of
multifamily housing projects that are acquired by a purchaser
other than the Secretary at foreclosure or after sale by the
Secretary, enter into annual contribution contracts with public
housing agencies to provide tenant-based assistance under
section 8 of the United States Housing Act of 1937 to all low-
income families who are eligible for such assistance on the
date that the project is acquired by the purchaser. The
Secretary shall take action under this paragraph only after
making a determination that there is available in the area an
adequate supply of habitable affordable housing for low-income
families. Actions taken pursuant to this paragraph may be taken
in connection with not more than 10 percent of the aggregate
number of units in subsidized or formerly subsidized projects
disposed of by the Secretary annually.
``(3) Other assistance.--
``(A) In general.--In accordance with the authority
provided under the National Housing Act, reduce the
selling price, apply use or rent restrictions on
certain units, or provide other financial assistance to
the owners of multifamily housing projects that are
acquired by a purchaser other than the Secretary at
foreclosure, or after sale by the Secretary, on terms
which will ensure that--
``(i) at least those units otherwise
required to receive project-based section 8
assistance pursuant to subparagraphs (A), (B),
or (D) of paragraph (1) are available to and
affordable by low-income persons; and
``(ii) for the remaining useful life of the
project, as defined by the Secretary, there
shall be in force such use or rent restrictions
as the Secretary may prescribe.
``(B) Definition.--A unit shall be considered
affordable under this paragraph if--
``(i) for very low-income tenants, the rent
for such unit does not exceed 30 percent of 50
percent of the area median income, as
determined by the Secretary, with adjustments
for family size; and
``(ii) for low-income tenants other than
very low-income tenants, the rent for such unit
does not exceed 30 percent of 80 percent of the
area median income, as determined by the
Secretary, with adjustments for family size.
``(C) Very low-income tenants.--The Secretary shall
provide assistance under section 8 of the United States
Housing Act of 1937 to any very low-income tenant
currently residing in a unit otherwise required to
receive project-based assistance under section 8,
pursuant to subparagraph (A), (B), or (D) of paragraph
(1), if the rents charged such tenants as a result of
actions taken pursuant to this paragraph exceed the
amount payable as rent under section 3(a) of the United
States Housing Act of 1937.
``(4) Transfer for use under other programs of the
secretary.--
``(A) In general.--Enter into an agreement
providing for the transfer of a multifamily housing
project--
``(i) to a public housing agency for use of
the project as public housing; or
``(ii) to an owner or another appropriate
entity for use of the project under section 202
of the Housing Act of 1959 or under section 811
of the Cranston-Gonzalez National Affordable
Housing Act.
``(B) Requirements for agreement.--The agreement
described in subparagraph (A) shall--
``(i) contain such terms, conditions, and
limitations as the Secretary determines
appropriate, including requirements to assure
use of the project under the public housing,
section 202, and section 811 programs; and
``(ii) ensure that no current tenant will
be displaced as a result of actions taken under
this paragraph.
``(f) Other Assistance.--In addition to the actions authorized by
subsection (e), the Secretary may take any of the following actions:
``(1) Short-term loans.--Provide short-term loans to
facilitate the sale of multifamily housing projects to
nonprofit organizations or to public agencies if--
``(A) authority for such loans is provided in
advance in an appropriations Act;
``(B) such loans are for a term of not more than 5
years;
``(C) the Secretary is presented with satisfactory
documentation, evidencing a commitment of permanent
financing to replace such short-term loan, from a
lender who meets standards set forth by the Secretary;
and
``(D) the terms of such loans are consistent with
prevailing practices in the marketplace or the
provision of such loans results in no cost to the
Government, as defined in section 502 of the
Congressional Budget Act.
``(2) Tenant-based assistance.--In connection with projects
referred to in subsection (e), make available tenant-based
assistance under section 8 of the United States Housing Act of
1937 to very low-income families (as defined in section 3(b)(2)
of the United States Housing Act of 1937) that do not otherwise
qualify for project-based assistance.
``(3) Alternative uses.--
``(A) In general.--Notwithstanding any other
provision of law, and subject to notice to and comment
from existing tenants, allow not more than--
``(i) 5 percent of the total number of
units in multifamily housing projects that are
disposed of by the Secretary during any 1-year
period to be made available for uses other than
rental or cooperative uses, including low-
income homeownership opportunities, or in any
particular project, community space, office
space for tenant or housing-related service
providers or security programs, or small
business uses, if such uses benefit the tenants
of the project; and
``(ii) 5 percent of the total number of
units in multifamily housing projects that are
disposed of by the Secretary during any 1-year
period to be used in any manner, if the
Secretary and the unit of general local
government or area-wide governing body
determine that such use will further fair
housing, community development, or neighborhood
revitalization goals.
``(B) Displacement protection.--The Secretary shall
make available tenant-based rental assistance under
section 8 of the United States Housing Act of 1937 to
any tenant displaced as a result of actions taken by
the Secretary pursuant to subparagraph (A), and the
Secretary shall take such actions as the Secretary
determines necessary to ensure the successful use of
any tenant-based assistance.
``(g) Authorization of Use or Rent Restrictions in Unsubsidized
Projects.--In carrying out the goals specified in subsection (a), the
Secretary may require certain units in unsubsidized projects to contain
use or rent restrictions providing that such units will be available to
and affordable by very low-income persons for the remaining useful life
of the property, as defined by the Secretary.
``(h) Contract Requirements.--
``(1) Contract term.--
``(A) In general.--Contracts for project-based
rental assistance under section 8 of the United States
Housing Act of 1937 provided pursuant to this section
shall be for a term of not more than 15 years; and
``(B) Contract term of less than 15 years.--
Notwithstanding subparagraph (A), to the extent that
units receive project-based assistance for a contract
term of less than 15 years, the Secretary shall require
that rents charged to tenants for such units not exceed
the amount payable for rent under section 3(a) of the
United States Housing Act of 1937 for a period of at
least 15 years.
``(2) Contract rent.--
``(A) In general.--The Secretary shall set contract
rents for section 8 project-based rental contracts
issued under this section at levels that, in
conjunction with other resources available to the
purchaser, provide for the necessary costs of
rehabilitation of such project and do not exceed the
percentage of the existing housing fair market rents
for the area (as determined by the Secretary under
section 8(c) of the United States Housing Act of 1937)
as the Secretary may prescribe.
``(B) Up-front grants and loans.--If such an
approach is determined to be more cost-effective, the
Secretary may utilize the budget authority provided for
project-based section 8 contracts issued under this
section to--
``(i) provide project-based section 8
rental assistance; and
``(ii)(I) provide up-front grants for the
necessary cost of rehabilitation; or
``(II) pay for any cost to the Government,
as defined in section 502 of the Congressional
Budget Act, for loans made pursuant to
subsection (f)(1).
``(i) Disposition Plan.--
``(1) In general.--Prior to the sale of a multifamily
housing project that is owned by the Secretary, the Secretary
shall develop a disposition plan for the project that specifies
the minimum terms and conditions of the Secretary for
disposition of the project, the initial sales price that is
acceptable to the Secretary, and the assistance that the
Secretary plans to make available to a prospective purchaser in
accordance with this section. The initial sales price shall
reflect the intended use of the property after sale.
``(2) Community and tenant input into disposition plans and
sales.--
``(A) In general.--In carrying out this section,
the Secretary shall develop procedures to obtain
appropriate and timely input into disposition plans
from officials of the unit of general local government
affected, the community in which the project is
situated, and the tenants of the project.
``(B) Tenant organizations.--The Secretary shall develop
procedures to facilitate, where feasible and appropriate, the
sale of multifamily housing projects to existing tenant
organizations with demonstrated capacity or to public or
nonprofit entities which represent or are affiliated with
existing tenant organizations.
``(C) Technical assistance.--
``(i) Use of funds.--To carry out the
procedures developed under subparagraphs (A)
and (B), the Secretary is authorized to provide
technical assistance, directly or indirectly,
and to use amounts appropriated for technical
assistance under the Emergency Low Income
Housing Preservation Act of 1987, the Low-
Income Housing Preservation and Resident
Homeownership Act of 1990, subtitle B of title
IV of the Cranston-Gonzalez National Affordable
Housing Act, or under this section for the
provision of technical assistance under this
section.
``(ii) Source of funds.--Recipients of
technical assistance funding under the
Emergency Low Income Housing Preservation Act
of 1987, the Low-Income Housing Preservation
and Resident Homeownership Act of 1990,
subtitle B of title IV of the Cranston-Gonzalez
National Affordable Housing Act, or under this
section shall be permitted to provide technical
assistance to the extent of such funding under
any of such programs or under this section,
notwithstanding the source of funding.
``(j) Right of First Refusal.--
``(1) Procedure.--
``(A) Notification by secretary of the acquisition
of title.--Not later than 30 days after acquiring title
to a project, the Secretary shall notify the unit of
general local government and the State agency or
agencies designated by the Governor of the acquisition
of such title.
``(B) Expression of interest.--Not later than 45
days after receiving notification from the Secretary
under subparagraph (A), the unit of general local
government or designated State agency may submit to the
Secretary a preliminary expression of interest in the
project. The Secretary may take such actions as may be
necessary to require the unit of general local
government or designated State agency to substantiate
such interest.
``(C) Timely expression of interest.--If the unit
of general local government or designated State agency
has expressed interest in the project before the
expiration of the 45-day period referred to in
subparagraph (B), and has substantiated such interest
if requested, the Secretary, upon approval of a
disposition plan for a project, shall notify the unit
of general local government and designated State agency
of the terms and conditions of the disposition plan and
give the unit of general local government or designated
State agency not more than 90 days after the date of
such notification to make an offer to purchase the
project.
``(D) No timely expression of interest.--If the
unit of general local government or designated State
agency does not express interest before the expiration
of the 45-day period referred to in subparagraph (B),
or does not substantiate an expressed interest if
requested, the Secretary, upon approval of a
disposition plan, may offer the project for sale to any
interested person or entity.
``(2) Acceptance of offers.--Where the Secretary has given
the unit of general local government or designated State agency
90 days to make an offer to purchase the project, the Secretary
shall accept an offer that complies with the terms and
conditions of the disposition plan. The Secretary may accept an
offer that does not comply with the terms and conditions of the
disposition plan if the Secretary determines that the offer
will further the goals specified in subsection (a) by actions
that include extension of the duration of low-income
affordability restrictions or otherwise restructuring the
transaction in a manner that enhances the long-term
affordability for low-income persons. The Secretary shall, in
particular, have discretion to reduce the initial sales price
in exchange for the extension of low-income affordability
restrictions beyond the period of assistance contemplated by
the attachment of assistance pursuant to subsection (e). If the
Secretary and the unit of general local government or
designated State agency cannot reach agreement within 90 days,
the Secretary may offer the project for sale to the general
public.
``(3) Purchase by unit of general local government or
designated state agency.--Notwithstanding any other provision
of law, a unit of general local government (including a public
housing agency) or designated State agency may purchase a
subsidized or formerly subsidized project in accordance with
this subsection.
``(4) Applicability.--This subsection shall apply to
projects that are acquired on or after the effective date of
this subsection. With respect to projects acquired before such
effective date, the Secretary may apply--
``(A) the requirements of paragraphs (2) and (3) of
section 203(e) as such paragraphs existed immediately
before the effective date of this subsection; or
``(B) the requirements of paragraphs (1) and (2) of
this subsection, if the Secretary gives the unit of
general local government or designated State agency--
``(i) 45 days to express interest in the
project; and
``(ii) if the unit of general local
government or designated State agency expresses
interest in the project before the expiration
of the 45-day period, and substantiates such
interest if requested, 90 days from the date of
notification of the terms and conditions of the
disposition plan to make an offer to purchase
the project.
``(k) Displacement of Tenants and Relocation Assistance.--
``(1) In general.--Whenever tenants will be displaced as a
result of the disposition of, or repairs to, a multifamily
housing project that is owned by the Secretary (or for which
the Secretary is mortgagee in possession), the Secretary shall
identify tenants who will be displaced, and shall notify all
such tenants of their pending displacement and of any
relocation assistance which may be available. In the case of a
multifamily housing project that is not owned by the Secretary
(and for which the Secretary is not mortgagee in possession),
the Secretary shall require the owner of the project to carry
out the requirements of this paragraph.
``(2) Rights of displaced tenants.--The Secretary shall
assure for any such tenant (who continues to meet applicable
qualification standards) the right--
``(A) to return, whenever possible, to a repaired
unit;
``(B) to occupy a unit in another multifamily
housing project owned by the Secretary;
``(C) to obtain housing assistance under the United
States Housing Act of 1937; or
``(D) to receive any other available relocation
assistance as the Secretary determines to be
appropriate.
``(l) Mortgage and Project Sales.--
``(1) In general.--The Secretary may not approve the sale
of any loan or mortgage held by the Secretary (including any
loan or mortgage owned by the Government National Mortgage
Association) on any subsidized project or formerly subsidized
project, unless such sale is made as part of a transaction that
will ensure that such project will continue to operate at least
until the maturity date of such loan or mortgage, in a manner
that will provide rental housing on terms at least as
advantageous to existing and future tenants as the terms
required by the program under which the loan or mortgage was
made or insured prior to the assignment of the loan or mortgage
on such project to the Secretary.
``(2) Sale of certain projects.--The Secretary may not
approve the sale of any subsidized project--
``(A) that is subject to a mortgage held by the
Secretary; or
``(B) if the sale transaction involves the
provision of any additional subsidy funds by the
Secretary or a recasting of the mortgage, unless such
sale is made as part of a transaction that will ensure
that such project will continue to operate at least
until the maturity date of the loan or mortgage, in a
manner that will provide rental housing on terms at
least as advantageous to existing and future tenants as
the terms required by the program under which the loan
or mortgage was made or insured prior to the proposed
sale of the project.
``(3) Mortgage sales to state and local governments.--
Notwithstanding any provision of law that may require
competitive sales or bidding, the Secretary may carry out
negotiated sales of subsidized or formerly subsidized mortgages
held by the Secretary, without the competitive selection of
purchasers or intermediaries, to units of general local
government or State agencies, or groups of investors that
include at least one such unit of general local government or
State agency, if the negotiations are conducted with such
agencies, except that--
``(A) the terms of any such sale shall include the
agreement of the purchasing agency or unit of local
government or State agency to act as mortgagee or owner
of a beneficial interest in such mortgages, in a manner
consistent with maintaining the projects that are
subject to such mortgages for occupancy by the general
tenant group intended to be served by the applicable
mortgage insurance program, including, to the extent
the Secretary determines appropriate, authorizing such
unit of local government or State agency to enforce the
provisions of any regulatory agreement or other program
requirements applicable to the related projects; and
``(B) the sales prices for such mortgages shall be,
in the determination of the Secretary, the best prices
that may be obtained for such mortgages from a unit of
general local government or State agency, consistent
with the expectation and intention that the projects
financed will be retained for use under the applicable
mortgage insurance program for the life of the initial
mortgage insurance contract.
``(4) Sale of mortgages covering unsubsidized projects.--
Notwithstanding any other provision of law, the Secretary may
sell mortgages held on unsubsidized projects on such terms and
conditions as the Secretary may prescribe.
``(m) Report to Congress.--Not later than June 1 of each year, the
Secretary shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Banking, Finance and Urban
Affairs of the House of Representatives, a report describing the status
of multifamily housing projects owned by or subject to mortgages held
by the Secretary, which report shall include--
``(1) the name, address, and size of each project;
``(2) the nature and date of assignment;
``(3) the status of the mortgage;
``(4) the physical condition of the project;
``(5) an occupancy profile of the project, including the
income, family size, and race of current residents as well as
the rents paid by such residents;
``(6) the proportion of units in a project that are vacant;
``(7) the date on which the Secretary became mortgagee in
possession;
``(8) the date and conditions of any foreclosure sale;
``(9) the date of acquisition by the Secretary;
``(10) the date and conditions of any property disposition
sale;
``(11) a description of actions undertaken pursuant to this
section, including--
``(A) a comparison of results between actions taken
after enactment of the Housing and Community
Development Act of 1993 and actions taken in years
prior to such enactment;
``(B) a description of any impediments to the
disposition or management of multifamily housing
projects, together with a recommendation of proposed
legislative or regulatory changes designed to
ameliorate such impediments;
``(C) a description of actions taken to restructure
or commence foreclosure on delinquent multifamily
mortgages held by the Department; and
``(D) a description of actions taken to monitor and
prevent the default of multifamily housing mortgages
held by the Federal Housing Administration;
``(12) a description of any of the functions performed in
connection with this section that are contracted out to public
or private entities or to States, including--
``(A) the costs associated with such delegation;
``(B) the implications of contracting out or
delegating such functions for current Department field
or regional personnel, including anticipated personnel
or work load reductions;
``(C) necessary oversight required by Department
personnel, including anticipated personnel hours
devoted to such oversight;
``(D) a description of any authority granted to
such public or private entities or States in
conjunction with the functions that have been delegated
or contracted out or that are not otherwise available
for use by Department personnel; and
``(E) the extent to which such public or private
entities or States include tenants of multifamily
housing projects in the disposition planning for such
projects;
``(13) a description of the activities carried out under
subsection (j) during the preceding year; and
``(14) a description and assessment of the rules,
guidelines, and practices governing the Department's management
of multifamily housing projects that are owned by the Secretary
(or for which the Secretary is mortgagee in possession) as well
as the steps that the Secretary has taken or plans to take to
improve the management performance of the Department.''.
(c) Effective Date.--The Secretary shall, by notice published in
the Federal Register, which shall take effect upon publication,
establish such requirements as may be necessary to implement the
amendments made by this section. The notice shall invite public
comments, and the Secretary shall issue final regulations based on the
initial notice, taking into account any public comments received.
Subtitle B--Merger of the Certificate and Voucher Programs
SEC. 6101. MERGER OF CERTIFICATE AND VOUCHER PROGRAMS.
The United States Housing Act of 1937 is amended as provided in
subsections (a) through (d) of this section.
(a) Merger of Certificate and Voucher Programs.--Section 8(o) is
amended to read as follows:
``(o) Certificate Program.--(1) The Secretary may provide
assistance for tenant-based assistance using a payment standard in
accordance with this subsection. The payment standard shall be used to
determine the monthly assistance which may be paid for any family, as
provided in paragraph (2) of this subsection, and shall not exceed the
fair market rental established under subsection (c). However, the
payment standard for a designated part of the market area may exceed
the fair market rental by not more than 20 percent where the Secretary
determines that higher market rents in a designated part of the market
area justify a higher payment standard. The Secretary may require an
agency to submit proposed payment standards to the Secretary for
approval.
``(2)(A) For a family receiving tenant-based assistance, where the
rent (including the amount allowed for tenant-paid utilities) does not
exceed the payment standard, the monthly assistance payment shall be
the amount by which the rent exceeds the highest of the following
amounts, rounded to the nearest dollar:
``(i) 30 percent of the family's monthly adjusted income;
``(ii) 10 percent of the family's monthly income; or
``(iii) if the family is receiving payments for welfare
assistance from a public agency and a part of such payments,
adjusted in accordance with the family's actual housing costs,
is specifically designated by such agency to meet the family's
housing costs, the portion of such payments which is so
designated.
``(B) For a family receiving tenant-based assistance, where the
rent (including the amount allowed for tenant-paid utilities) exceeds
the payment standard, the monthly assistance payment shall be the
amount by which the applicable payment standard exceeds the highest of
the following amounts, rounded to the nearest dollar:
``(i) 30 percent of the family's monthly adjusted income;
``(ii) 10 percent of the family's monthly income; or
``(iii) if the family is receiving payments for welfare
assistance from a public agency and a part of such payments,
adjusted in accordance with the family's actual housing costs,
is specifically designated by such agency to meet the family's
housing costs, the portion of such payments which is so
designated.
``(C) For a family receiving project-based assistance, the rent the
family is required to pay shall be determined in accordance with
section 3(a)(1) and the amount of the housing assistance payment shall
be determined in accordance with subsection (c)(3).
``(3) At the time a family initially receives tenant-based
assistance with respect to any unit, the total amount a family may pay
towards rent may not exceed 45 percent of the family's monthly adjusted
income.
``(4) At the time a family initially receives assistance under the
certificate program, a family shall qualify as--
``(A) a very low-income family;
``(B) a family previously assisted under this Act; or
``(C) a low-income family that meets eligibility criteria
specified by the Secretary.
``(5) Reviews of family income shall be made at least annually.
``(6)(A) In selecting families to be assisted, preference shall be
given to families which, at the time they are seeking assistance, (i)
occupy substandard housing (including families that are homeless or
living in a shelter for homeless families), (ii) are involuntarily
displaced, or (iii) are paying more than 50 percent of family income
for rent; except that any family otherwise eligible for assistance
under this section may not be denied preference for tenant-based
assistance (or delayed or otherwise adversely affected in the provision
of such assistance) solely because the family resides in public
housing.
``(B) A public housing agency may provide for circumstances in
which families who do not qualify for any preference established in
subparagraph (A) are provided assistance under this subsection before
families who do qualify for such preference. However, not more than 10
percent in the case of tenant-based assistance and not more than 30
percent in the case of project-based assistance (or such higher
percentage, in either case, determined by the Secretary to be
necessary) of the families who initially receive assistance in any 1-
year period may be families who do not qualify for such preference. The
public housing agency shall, in implementing the preceding sentence,
establish a system of preferences in writing and after public hearing
to respond to local housing needs and priorities which may include--
``(i) assisting very low-income families who either reside
in transitional housing assisted under title IV of the Stewart
B. McKinney Homeless Assistance Act, or participate in a
program designed to provide public assistance recipients with
greater access to employment and educational opportunities;
``(ii) assisting families identified by local public
agencies involved in providing for the welfare of children as
having a lack of adequate housing that is a primary factor in
the imminent placement of a child in foster care, or in
preventing the discharge of a child from foster care and
reunification with his or her family;
``(iii) assisting youth, upon discharge from foster care,
in cases in which return to the family or extended family or
adoption is not available;
``(iv) assisting veterans who will use the assistance for a
dwelling unit designed for the handicapped, and upon discharge
or eligibility for discharge from a hospital or nursing home,
have a physical disability which, because of the configuration
of their homes, prevents them from access to or use of their
homes; and
``(v) achieving other objectives of national housing policy
as affirmed by Congress.
``(C) Any individual or family evicted from housing assisted under
the Act by reason of drug-related criminal activity (as defined in
subsection (f)(5)) shall not be eligible for a preference under any
provision of this subparagraph for 3 years unless the evicted tenant
successfully completes a rehabilitation program approved by the
Secretary (which shall include waiver for any member of a family of an
individual prohibited from tenancy under this clause who the agency
determines clearly did not participate in and had no knowledge of such
criminal activity or when circumstances leading to eviction no longer
exist).
``(7) The Secretary shall require, for any unit, that--
``(A) the public housing agency inspect the unit before any
assistance payment may be made to determine that the unit meets
housing quality standards for decent, safe, and sanitary
housing established by the Secretary for the purpose of this
section; and
``(B) the public housing agency make annual or more
frequent inspections during the contract term.
No assistance payment may be made for a dwelling unit which fails to
meet such quality standards, unless any such failure is promptly
corrected by the owner and the correction is verified by the public
housing agency.
``(8) If a family vacates a dwelling unit, no assistance payment
may be made for the unit after the month during which the unit was
vacated.
``(9) A public housing agency may adjust its payment standard under
this subsection where necessary to assure continued affordability for
families receiving tenant-based assistance.
``(10) The Secretary may set aside up to 5 percent of the budget
authority available under this subsection as an adjustment pool. The
Secretary shall use amounts in the adjustment pool for adjustments
pursuant to paragraph (9) to ensure continued affordability where the
Secretary determines additional assistance for this purpose is
necessary, based on documentation submitted by a public housing agency.
``(11)(A) The rent for units assisted under this subsection shall
be reasonable in comparison with rents charged for comparable units in
the private unassisted market.
``(B) A public housing agency shall, at the request of a family
receiving tenant-based assistance under this subsection, assist such
family in negotiating a reasonable rent with an owner. A public housing
agency shall review the rent for a unit under consideration by the
family (and all rent increases for units under lease by the family) to
determine whether the rent (or rent increase) requested by an owner is
reasonable. If a public housing agency determines that the rent (or
rent increase) for a unit is not reasonable, the agency shall
disapprove a lease for such unit.
``(C) If units assisted under this subsection are exempt from local
rent control while they are so assisted, the rent for such units shall
be reasonable in comparison with other units in the market area that
are exempt from local rent control.
``(12)(A) A public housing agency may make assistance payments on
behalf of a family which utilizes a manufactured home as its principal
place of residence. Such payments may be made for the rental of the
real property on which there is located a manufactured home which is
owned by any such family.
``(B)(i) For assistance pursuant to this paragraph, the rent for
the space on which a manufactured home is located and with respect to
which assistance payments are to be made includes maintenance and
management charges and tenant-paid utilities.
``(ii) The public housing agency shall establish a payment standard
for the purpose of determining the monthly assistance which may be paid
for any family under this paragraph. The payment standard may not
exceed an amount approved or established by the Secretary.
``(iii) The monthly assistance payment for assistance under this
paragraph shall be determined in accordance with paragraph (2).
``(13)(A) Where the Secretary enters into an annual contributions
contract with a public housing agency pursuant to which the agency will
enter into a contract for assistance payments with respect to an
existing structure under this subsection, the contract for assistance
payments may not be attached to the structure unless the owner agrees
to rehabilitate or newly construct the structure other than with
assistance under this Act and otherwise complies with the requirements
of this section. The public housing agency may approve such attachment
for up to 15 percent of the funding available for tenant-based
assistance administered by the agency under this section.
``(B) Notwithstanding any other provision of this section, a public
housing agency and an applicable State agency may, on a priority basis,
attach to structures not more than an additional 15 percent of the
assistance only with respect to projects assisted under a State program
that permits the owner of the projects to prepay a State-assisted or
State-subsidized mortgage on the structure. However, the attachment of
assistance under this subparagraph shall be for the purpose of--
``(i) providing incentives to owners to preserve such
projects for occupancy by low- and moderate-income families
(for the period that assistance under this sentence is
available), and
``(ii) to assist low-income families to afford any
increases in rent that may be required to induce the owner to
maintain occupancy in the project by low- and moderate-income
families.
``(C) Any assistance provided to low-income families under
subparagraph (B) shall not be considered for purposes of the limitation
under paragraph (6) regarding the percentage of families that may
receive assistance under this section who do not qualify for
preferences under that paragraph.
``(D) In the case of a contract for assistance payments that is
attached to a structure under this paragraph, a public housing agency
shall enter into a contract with an owner, contingent upon the future
availability of appropriations for the purpose of renewing expiring
contracts for assistance payments as provided in appropriations Acts,
to extend the term of the underlying contract for assistance payments
for such period or periods as the Secretary determines to be
appropriate to achieve long-term affordability of the housing. The
contract shall obligate the owner to have such extensions of the
underlying contract for assistance payments accepted by the owner and
the owner's successors in interest. To the extent assistance is used as
provided in the second sentence of subparagraph (B), the contract for
assistance may, at the option of the public housing agency, have an
initial term not exceeding 15 years.
``(E) The Secretary shall annually survey public housing agencies
to determine which public housing agencies have, in providing
assistance in such year, reached the 15 percent limitations contained
in subparagraphs (A) and (B), and shall report to the Congress on the
results of the survey.
``(F) For project-based assistance under this paragraph, assistance
contracts shall establish rents, and provide for rent adjustments, in
accordance with subsection (c).
``(14) A family may lease a unit, other than a public housing unit,
from the public housing agency with assistance under this subsection.
The Secretary may establish appropriate program requirements for units
owned by the public housing agency, including requirements for HUD
approval of initial rents, rent adjustments, and administrative fees,
taking into account that the agency administering the assistance is
also the owner of the assisted unit.
``(15) Subsection (c) shall not apply to tenant-based assistance
under this subsection, except that subsections (c)(9) and (c)(10) shall
apply.''.
(b) Portability.--Section 8(r) is amended--
(1) in each of paragraphs (1) and (3), by striking
``subsection (b) or'';
(2) in paragraph (3), by inserting at the end the following
new sentence: ``The Secretary may reserve amounts available for
assistance under subsection (o) to compensate public housing
agencies which issue certificates to families that move into
the jurisdiction of the agency under portability procedures.'';
and
(3) by adding the following new paragraph at the end:
``(5) A family may not receive a certificate from an agency
and move to another jurisdiction under the tenant-based
assistance program, if the family has moved out of its assisted
unit in violation of its lease.''.
(c) Homeownership Option.--Section 8(y) is amended--
(1) in paragraph (1)(A), by inserting before the semicolon
``or owns or is acquiring shares in a cooperative'';
(2) in paragraph (1)(B)(i), by inserting before the
semicolon ``and demonstrates to the public housing agency that
it has sufficient resources for homeownership''; and
(3) by amending paragraph (2)(A) to read as follows:
``(A) Determination of amount of assistance.--
``(i) Where the monthly homeownership
expenses, as determined in accordance with
requirements established by the Secretary, do
not exceed the payment standard, the monthly
assistance payment shall be the amount by which
the homeownership expenses exceed the highest
of the following amounts, rounded to the
nearest dollar:
``(I) 30 percent of the family's
monthly adjusted income;
``(II) 10 percent of the family's
monthly income; or
``(III) if the family is receiving
payments for welfare assistance from a
public agency and a part of such
payments, adjusted in accordance with
the family's actual housing costs, is
specifically designated by such agency
to meet the family's housing costs, the
portion of such payments which is so
designated.
``(ii) Where the monthly homeownership
expenses, as determined in accordance with
requirements established by the Secretary,
exceed the payment standard, the monthly
assistance payment shall be the amount by which
the applicable payment standard exceeds the
highest of the following amounts, rounded to
the nearest dollar:
``(I) 30 percent of the family's
monthly adjusted income;
``(II) 10 percent of the family's
monthly income; or
``(III) if the family is receiving
payments for welfare assistance from a
public agency and a part of such
payments, adjusted in accordance with
the family's actual housing costs, is
specifically designated by such agency
to meet the family's housing costs, the
portion of such payments which is so
designated.''.
(d) Technical and Conforming Amendments to the 1937 Act; Deletion
of Obsolete Provisions.--
(1) The second and third sentences of section 8(a) are
hereby repealed.
(2) Section 8(b) is amended by--
(A) striking ``Rental Certificates and Other
Existing Housing Programs.--'' and inserting
``Certificates and Other Existing Housing Programs.--
(1)''; and
(B) striking the second sentence.
(3) Section 8(c)(3) is amended by striking the subparagraph
designation ``(A)'' and striking all of subparagraph (B).
(4) The first sentence of section 8(c)(4) is amended by
striking ``or by a family that qualifies to receive'' and all
that follows through ``1990''.
(5) Sections 8(c) (5) and (7) are hereby repealed.
(6) Section 8(c)(8) is amended by inserting after
``section'' the following: ``(other than a contract under
section 8(o)(13))''.
(7) Section 8(d)(1)(A) is amended--
(A) by inserting after the subparagraph designation
``(A)'' the following: ``except for assistance under
subsection (o),'';
(B) in clause (i) by striking ``(I)'';
(C) in clause (i), by striking ``and (II) 90
percent of such families in the case of assistance not
attached to a structure''; and
(D) in clause (i), by striking ``except'' and all
that follows through the semicolon at the end.
(8) Section 8(d)(2) is amended by striking the third
sentence of subparagraph (A) and all that follows through the
end of paragraph (2).
(9) Section 8(f) is amended by--
(A) in paragraph (6), striking ``(d)(2)'' and
inserting ``(o)(13)''; and
(B) in paragraph (7), striking ``(b) or'' and
inserting before the period the following: ``and that
provides for the eligible family to select suitable
housing and to move to other suitable housing''.
(10) Section 8(j) is hereby repealed.
(11) Section 8(n) is hereby repealed.
(12) The first sentence of section 8(q)(1) and sections
8(q)(2)(A)(i) and 8(q)(2)(B) are each amended by striking
``subsections (b) and (o)'' and inserting ``this section''.
(13) Section 18(b)(3) is amended--
(A) in subparagraph (A)(v), by striking
``(excluding vouchers under section 8(o))'' each place
it appears;
(B) in subparagraph (B), by striking ``8(d)(2)(A)''
and inserting ``8(o)(13)'';
(C) in subparagraph (B)(ii), by striking
``(excluding vouchers under section 8(o))''; and
(D) in subparagraph (C)(i), by striking ``and
vouchers''.
(14) Section 21(b)(3) is amended--
(A) in the first sentence, by striking
``certificate under section 8(b)(1) or a housing
voucher under section 8(o)'' and inserting ``tenant-
based assistance under section 8''; and
(B) by striking the second sentence.
(15) Section 23(b)(3)(A) is amended by striking
``Certificate and voucher assistance under section 8 (b) and
(o)'' and inserting ``Tenant-based assistance under section
8''.
(e) Other Technical and Conforming Amendments.--
(1) Section 931 of the Cranston-Gonzalez National
Affordable Housing Act is amended by striking ``assistance
under the certificate and voucher programs under sections 8 (b)
and (o)'' and inserting ``tenant-based assistance under section
8''.
(2) Section 861(b)(1)(D) of the Cranston-Gonzalez National
Affordable Housing Act is amended by striking ``certificates or
vouchers'' and inserting ``assistance''.
(3) Section 183(c)(2) of the Housing and Community
Development Act of 1987 is amended by striking ``section 8(o)''
and inserting ``section 8''.
(4) Section 223(a) of the Housing and Community Development
Act of 1987 is amended by striking ``sections 8(b) and 8(o)''
and inserting ``section 8''.
(5) The second sentence of section 533(a) of the Housing
Act of 1949 is amended by striking ``assistance payments as
provided by section 8(o)'' and inserting ``tenant-based
assistance as provided under section 8''.
(f) Implementation.--The amendments made by this section shall take
effect upon the date specified in a regulation or notice published by
the Secretary in the Federal Register. The Secretary may provide for
the conversion of assistance under the certificate and voucher
programs, as they existed before the effective date of the amendments
made by this section, to the certificate program established under this
section. However, the Secretary may continue to apply the provisions of
the United States Housing Act of 1937 and other statutes amended by
this section, as they existed immediately before such effective date,
to assistance obligated by the Secretary before such effective date for
the certificate or voucher program, where necessary for simplification
of program administration, avoidance of hardship, or other good cause.
Subtitle C--Streamline HUD
SEC. 6201. HUD STREAMLINING.
The Secretary of Housing and Urban Development shall carry out the
recommendation of the Report of the National Performance Review, issued
on September 7, 1993, that the Department streamline its headquarters,
regional, and field office structure and consolidate and reduce its
size, without regard to the requirements of section 7(p) of the
Department of Housing and Urban Development Act.
Subtitle D--Refinance Section 235 Mortgages
SEC. 6301. SECTION 235 MORTGAGE REFINANCING.
Section 235(r) of the National Housing Act is amended--
(1) in paragraph (2)(C), by inserting after ``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) by inserting after ``otherwise)'' the
following: ``and the mortgagee with respect to the
amount described in paragraph (A)''; and
(B) in subparagraph (A), by inserting after
``mortgagor'' the following: ``and the mortgagee''; and
(3) by revising 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.'''.
Subtitle E--Section 8 Rents for New Construction and Rehabilitation
Projects
SEC. 6401. SECTION 8 RENTS FOR NEW CONSTRUCTION AND REHABILITATION
PROJECTS.
Notwithstanding any other provision of law, the maximum monthly
contract rents for new construction and substantial rehabilitation
projects under section 8 of the United States Housing Act of 1937 shall
not be adjusted as provided under section 8(c)(2)(A) for 1 year after
the date of enactment of this Act.
TITLE VII--DEPARTMENT OF THE INTERIOR
Subtitle A--Improve the Federal Helium Program
SEC. 7001. AMENDMENTS TO HELIUM ACT AMENDMENTS OF 1960.
(a) Section 4 of the Helium Act Amendments of 1960 (74 Stat. 920,
50 U.S.C. 167b) is amended to insert after ``lands acquired, leased, or
reserved;'' the following: ``reduce costs and increase operational
efficiencies, especially in operations that do not produce revenue;
establish and adjust fees charged private industry for storage,
transmission, and withdrawal of privately-owned helium from Government
storage facilities to compensate fully for all costs incurred;''.
(b) Section 6 of the Helium Act Amendments of 1960 (74 Stat. 921,
50 U.S.C. 167d) is amended--
(1) by amending subsection (b) to read:
``(b) The Secretary is authorized to sell helium for Federal,
medical, scientific, and commercial uses in such quantities and under
such terms and conditions as the Secretary determines. Sales shall be
made in quantities and a manner to avoid undue disruption of the usual
markets of producers, processors, and consumers of helium and to
protect the United States against avoidable loss.''; and
(2) by amending subsection (c) to read:
``(c) Sales of helium by the Secretary shall be at prices, as
established by the Secretary, that are adequate to cover all costs
incurred in carrying out the provisions of this Act. Helium shall be
sold at prices comparable to helium sold by private industry. An annual
review of price comparability shall be made and adjustments shall be
made accordingly.''.
SEC. 7002. LONG-TERM COMPREHENSIVE PLAN.
The Secretary of the Interior shall prepare and develop a long-
term, comprehensive plan to (1) cancel the outstanding debt owed to the
Treasury by the Department of the Interior related to the Federal
helium program; and (2) improve Federal helium program operations over
a multi-year period. The plan should analyze various options to
accomplish (1) and (2) above, with emphasis on ways to minimize adverse
impacts on Federal employment, Federal helium purchasers, and U.S.
private sector helium markets. The plan, with the Secretary's preferred
options, shall be presented to the President within 4 months of
enactment of this Act. The President may adopt the plan, in whole or in
part, and is authorized to cancel the outstanding debt upon a finding
that such debt cancellation is in the national interest.
Subtitle B--Improve Minerals Management Service Royalty Collection
SEC. 7101. IMPROVEMENT OF MINERALS MANAGEMENT SERVICE ROYALTY
COLLECTION.
(a) The Secretary of the Interior shall, by fiscal year 1995,
direct the Minerals Management Service, Royalty Management Program, to
develop and implement (1) an automated business information system to
provide to its auditors a lease history that includes reference,
royalty, production, financial, compliance history, pricing and
valuation, and other information; (2) the optimum methods to identify
and resolve anomalies and to verify that royalties are paid correctly;
(3) a more efficient and cost-effective royalty collection process by
instituting new compliance and enforcement measures, including
assessments and penalties for erroneous reporting and underreporting;
and (4) such other actions as may be necessary to reduce royalty
underpayment and increase revenue to the U.S. Treasury by an estimated
total of $28 million by fiscal year 1999.
(b) The Federal Oil and Gas Royalty Management Act of 1982 (Public
Law No. 97-451), 30 U.S.C. 1701 et seq.) is amended by adding a new
subsection 111(h) as follows:
``penalty assessment for substantial underreporting of royalty''
``Sec. 111. (h)(1) If there is any underreporting of royalty owed
on production from any lease issued or administered by the Secretary
for the production of oil, gas, coal, any other mineral, or geothermal
steam, from any Federal or Indian lands or the Outer Continental Shelf,
for any production month, by any person who is responsible for paying
royalty, the Secretary may assess a penalty of 10 percent of the amount
of that underreporting.
``(2) If there is a substantial underreporting of royalty owed on
production from any lease issued or administered by the Secretary for
the production of oil, gas, coal, any other mineral, or geothermal
steam, from any Federal or Indian lands or the Outer Continental Shelf,
for any production month, by any person who is responsible for paying
royalty, the Secretary may assess a penalty of 20 percent of the amount
of that substantial underreporting.
``(3) For purposes of this section, the term `underreporting' means
the difference between the royalty on the value of the production which
should have been reported and the royalty on the value of the
production which was reported, if the value of the production which
should have been reported is greater than the value of the production
which was reported. An underreporting constitutes a `substantial
underreporting' if such difference exceeds 10 percent of the royalty on
the value of the production which should have been reported.
``(4) The Secretary shall not impose the assessment provided in
paragraphs (1) or (2) if the person corrects the underreporting before
the date the person receives notice from the Secretary that an
underreporting may have occurred, or before 90 days after the date of
enactment of this section, whichever is later.
``(5) The Secretary shall waive any portion of an assessment
provided in paragraphs (1) or (2) attributable to that portion of the
underreporting for which the person demonstrates that--
``(i) the person had written authorization from the
Secretary to report royalty on the value of the production on
the basis on which it was reported, or
``(ii) the person had substantial authority for reporting
royalty on the value of the production on the basis on which it
was reported, or
``(iii) the person previously had notified the Secretary,
in such manner as the Secretary may by rule prescribe, of
relevant reasons or facts affecting the royalty treatment of
specific production which led to the underreporting, or
``(iv) the person meets any other exception which the
Secretary may, by rule, establish.
``(6) All penalties collected under this subsection shall be
deposited to the same accounts in the Treasury or paid to the same
recipients in the same manner as the royalty with respect to which such
penalty is paid.''.
Subtitle C--Phase Out the Mineral Institute Program
SEC. 7201. PHASE OUT OF MINERAL INSTITUTE PROGRAM.
The Secretary of the Interior, beginning in fiscal year 1995, shall
take action to phase out the Mining and Mineral Resources Research
Institute Act of 1984, Public Law 98-409, as amended (98 Stat. 1536
through 1541 and 102 Stat. 2339 through 2341, 30 U.S.C. 1221 through
1230). There are hereby authorized to be appropriated under the Act the
following amounts: fiscal year 1995--$6.5 million; fiscal year 1996--$5
million; fiscal year 1997--$3 million; and fiscal year 1998--$1.5
million. No further appropriations for this Act are authorized after
September 30, 1998.
TITLE VIII--DEPARTMENT OF JUSTICE
SEC. 8001. BUREAU OF PRISONS HEALTH SERVICES USER FEE.
Chapter 303 of title 18, United States Code, is amended by adding
at the end the following new section:
``SEC. 4047. USER FEE FOR HEALTH SERVICES.
``The Attorney General may assess a nominal fee for health services
provided to an inmate. The Attorney General may withdraw, without the
inmate's consent, funds from his or her trust fund account, designated
as `Funds of Federal Prisoners' in section 1321(a)(21) of title 31,
necessary to pay fees incurred by the inmate for health services. The
Attorney General may waive or refund, for good cause and at any time,
all or part of the expenses incurred by an inmate through the
assessment of fees for health services. An inmate shall not be denied
health services treatment because of his or her inability to pay a
health services fee. The Attorney General is authorized to promulgate
regulations to implement this section.''.
TITLE IX--DEPARTMENT OF LABOR
Subtitle A--Deterrence of Fraud and Abuse in the FECA Program
SEC. 9001. DETERRENCE OF FRAUD AND ABUSE IN FECA PROGRAM.
(a) Section 8102 of title 5, United States Code, is amended to
redesignate subsection (b) as subsection (c), and to add the following
new subsection (b):
``(b) An individual convicted of a violation of 18 U.S.C. 1920, as
amended, or of any other fraud related to the application for or
receipt of benefits under subchapter I or III of chapter 81 of title 5,
shall forfeit, as of the date of the conviction, all entitlement to any
prospective benefits provided by subchapter I or III for any injury
occurring on or before the date of the conviction. Such a forfeiture of
benefits shall be in addition to any action the Secretary may take
under section 8106 or 8129 of title 5, United States Code.''.
(b) Section 8116 of title 5, United States Code, is amended by
adding the following new subsection (e):
``(e) Notwithstanding any other provision of this title, no
benefits under sections 8105 or 8106 of this subchapter shall be paid
or provided to any individual during any period during which such
individual is confined in a jail, prison, or other penal institution or
correctional facility, pursuant to that individual's conviction of an
offense that constituted a felony under applicable law, except where
such individual has one or more dependents within the meaning of
section 8110 of this subchapter, in which case the Secretary may,
during the period of incarceration, pay to such dependents a percentage
of the benefits that would have been payable to such individual
computed according to the percentages set forth in section 8133(a) (1)-
(5) of this subchapter.''.
(c) Section 8116 of title 5, United States Code, is further amended
by adding the following new subsection (f):
``(f) Notwithstanding the provisions of section 552a of this title,
or any other provision of Federal or State law, any agency of the
United States Government or of any State (or political subdivision
thereof) shall make available to the Secretary, upon written request,
the names and Social Security account numbers of individuals who are
confined in a jail, prison or other penal institution or correctional
facility under the jurisdiction of such agency, pursuant to such
individuals' conviction of an offense that constituted a felony under
applicable law, which the Secretary may require to carry out the
provisions of this subsection.''.
(d) Section 1920 of title 18, United States Code, is amended to
read as follows: ``Whoever knowingly and willfully falsifies, conceals,
or covers up a material fact, or makes a false, fictitious, or
fraudulent statement or representation, or makes or uses a false
statement or report knowing the same to contain any false, fictitious
or fraudulent statement or entry in connection with the application for
or receipt of compensation or other benefit or payment under subchapter
I or III of chapter 81 of title 5, United States Code, shall be
punished by a fine of not more than $250,000, or by imprisonment for
not more than five years, or both.''.
(e) Except as otherwise provided in this section, the amendments
made by this section shall be effective on the date of enactment and
shall apply to actions taken on or after the date of enactment both
with respect to claims filed before the day of enactment and with
respect to claims filed after such date.
(f) The amendments made by subsections (a), (b), and (c) of this
section shall be effective on the date of enactment and shall apply to
any person convicted or imprisoned on or after the date of enactment.
(g) The amendment made by subsection (d) of this section shall be
effective on the date of enactment and shall apply to any claim,
statement, representation, report, or other written document made or
submitted in connection with a claim filed under subchapter I or III of
chapter 81 of title 5, United States Code.
Subtitle B--Enhancement of Reemployment Programs for Federal Employees
Disabled in the Performance of Duty
SEC. 9101. ENHANCEMENT OF REEMPLOYMENT PROGRAMS FOR FEDERAL EMPLOYEES
DISABLED IN THE PERFORMANCE OF DUTY.
(a) Section 8104 of title 5, United States Code, is amended--
(1) by striking the comma after ``employment'' and by
striking ``other than employment undertaken pursuant to such
rehabilitation'' from subsection (b); and
(2) by adding the following new subsection (c):
``(c) The Secretary of Labor, as part of the vocational
rehabilitation effort, may assist permanently disabled individuals in
seeking and/or obtaining employment. The Secretary may reimburse an
employer (including a Federal employer), who was not the employer at
the time of injury and who agrees to employ a disabled beneficiary, for
portions of the salary paid by such employer to the reemployed,
disabled beneficiary. Any such sums shall be paid from the Employees'
Compensation Fund.''.
(b) The Secretary of Labor is authorized to expand the Federal
Employees' Compensation Act Periodic Roll Management Project to all
offices of the Office of Workers' Compensation Program of the
Department of Labor.
(c) The provisions of, and amendments made by, subsections (a) and
(b) of this section shall be effective on the date of enactment.
Subtitle C--Wage Determinations--McNamara-O'Hara Service Contract Act
and Davis-Bacon Act
SEC. 9201. WAGE DETERMINATIONS.
(a) The McNamara-O'Hara Service Contract Act, as amended (41 U.S.C.
351 et seq.) is amended by adding at the end the following new section:
``Sec. 11. To more effectively implement wage determination
procedures, the Secretary of Labor is authorized to develop and
implement an electronic data interchange system to request and obtain
wage determinations required under the Act.''.
(b) The Davis-Bacon Act, as amended (41 U.S.C. 276a et seq.) is
amended by adding at the end the following new section:
``Sec. 8. To more effectively implement wage determination
procedures, the Secretary of Labor is authorized to develop and
implement an electronic data interchange system to request and obtain
wage determinations required under the Act.''.
(c) The amendments made by subsections (a) and (b) of this section
shall be effective on the date of enactment.
Subtitle D--Elimination of Filing Requirement for Plan Descriptions,
Summary Plan Descriptions, and Descriptions of Material Modifications
to a Plan
SEC. 9301. ELIMINATION OF FILING REQUIREMENTS.
(a) Section 101(b) of the Employee Retirement Income Security Act
of 1974 (ERISA) (29 U.S.C. 1021(b)) is amended by striking paragraphs
(1), (2) and (3) and by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively.
(b) Section 102 of ERISA (29 U.S.C. 1022) is amended by striking
paragraph (a)(2) and redesignating paragraph (a)(1) as subsection (a).
(c) Section 104(a)(1) of ERISA (29 U.S.C. 1024(a)(1)) is amended to
read as follows:
``Sec. 104. (a)(1) The administrator of any employee benefit plan
subject to this part shall file with the Secretary the annual report
for a plan year within 210 days after the close of such year (or within
such time as may be required by regulations promulgated by the
Secretary in order to reduce duplicative filing). The Secretary shall
make copies of such annual reports available for inspection in the
public document room of the Department of Labor. The administrator
shall also furnish to the Secretary, upon request, any documents
relating to the employee benefit plan including but not limited to the
summary plan description, description of material modifications to the
plan, bargaining agreement, trust agreement, contract, or other
instrument under which the plan is established or operated.''.
(d) Section 104(b) of ERISA (29 U.S.C. 1024(b)) is amended by
adding at the end the following new paragraph:
``(5) The Secretary shall, upon written request of any
participant or beneficiary of a plan for a copy of any
documents described in paragraph (4), make a written request to
the plan administrator for copies of such documents. The plan
administrator shall comply with such request from the
Secretary. Upon obtaining such copies from the plan
administrator, the Secretary shall provide them to the
requesting participant or beneficiary. In making a request
under this paragraph to the plan administrator, the Secretary
shall not disclose to the plan administrator the identity of
the participant or beneficiary. The administrator may make a
reasonable charge to cover the cost of furnishing such complete
copies consistent with any regulations issued by the Secretary
pursuant to paragraph (4). The Secretary may require the
participant or beneficiary to reimburse the Secretary for such
charges before the participant receives the requested
copies.''.
(e) Section 106(a) of ERISA (29 U.S.C. 1026(a)) is amended by
striking ``descriptions,''.
(f) Section 107 of ERISA (29 U.S.C. 1027) is amended by striking
``description or''.
(g) Section 108 of ERISA (29 U.S.C. 1028) is amended by striking
``(B) after publishing or filing the plan description, annual
reports,'' and inserting ``(B) after publishing the plan description,
or after publishing or filing the annual reports,''.
(h) Section 109(b) of ERISA (29 U.S.C. 1029(b)) is amended to read
as follows:
``(b) The financial statement and opinion required to be prepared
by an independent qualified public accountant pursuant to section
103(a)(3)(A) and the actuarial statement required to be prepared by an
enrolled actuary pursuant to section 103(a)(4)(A) shall not be required
to be submitted on forms.''.
(i) Section 502(c) of ERISA is amended by adding at the end the
following new paragraph:
``(4) The Secretary may assess a civil penalty against any
plan administrator of up to $100 per day from the date of such
plan administrator's failure or refusal to comply with a
request for documents which such administrator is required to
furnish to the Secretary (unless such failure or refusal
results from matters reasonably beyond the control of the
administrator) pursuant to section 104(b)(5) by mailing the
material requested to the address provided by the Secretary
within 30 days after such request.''.
(j) Effective Date.--The provisions of this section shall take
effect on the date of enactment of this Act.
TITLE X--DEPARTMENT OF STATE/UNITED STATES INFORMATION AGENCY
SEC. 10001. REDUCTION OF MISSION OPERATING COSTS.
The Secretary of State shall take action to reduce costs of
providing marine guard and other security at diplomatic missions
overseas by a total of $5,700,000 by the end of fiscal year 1999.
SEC. 10002. IMPROVEMENT OF EFFICIENCY OF USIA PUBLIC DIPLOMACY
ACTIVITIES.
The Director of the United States Information Agency (USIA) shall
take action to improve the efficiency of USIA's public diplomacy
activities and save a total of $15,000,000 by the end of fiscal year
1999.
TITLE XI--DEPARTMENT OF TRANSPORTATION
Subtitle A--Authority to Charge Tuition for Attendance at the U.S.
Merchant Marine Academy
SEC. 11001. TUITION FOR U.S. MERCHANT MARINE ACADEMY.
Section 1303(d) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1295b(d)), is amended to read as follows:
``(d)(1) Beginning with the class of individuals first entering the
Academy in the 1995-1996 academic year, the Secretary shall impose a
system of tuition and fees on individuals attending the Academy that
shall, in total, equal an amount that is up to one-half the total
operating costs of the Academy during the preceding fiscal year. The
tuition and fees paid by the Academy's total cadet enrollment shall be
retained by the Secretary to assist in meeting the Academy's operating
expenses.
``(2) Beginning with the class of individuals first entering the
Academy in the 1995-1996 academic year, the Secretary is authorized to
impose reasonable fees on any cadet at the Academy for all required
uniforms and textbooks. The Secretary shall provide to any individual
first entering the Academy before the 1995-1996 academic year all
required uniforms and textbooks.
``(3) The Secretary shall provide to any cadet at the Academy
allowances for transportation (including reimbursement of traveling
expenses) while traveling under orders as a cadet of the Academy.''.
Subtitle B--Reform of the Essential Air Service Program
SEC. 11101. REFORM OF ESSENTIAL AIR SERVICE PROGRAM.
Section 419 of the Federal Aviation Act of 1958 (49 App. U.S.C.
1389) is amended by--
(1) revising paragraph (a)(2) to read as follows:
``(2) Restrictions on qualifications as an eligible
point.--To qualify as an eligible point in the 48 contiguous
states, Hawaii, and Puerto Rico for purposes of fiscal year
1995 and thereafter, a point described in paragraph (1) must
not require a rate of subsidy per passenger in excess of $200
and may not be located fewer than 70 highway miles from the
nearest hub airport or small hub airport;'' and
(2) revising paragraph (l)(2) to read as follows:
``(2) Amounts available.--There shall be available to the
Secretary from the Airport and Airway Trust Fund to incur
obligations under this section--
``(A) $33,423,077 for fiscal year 1994; and
``(B) $25,600,000 per fiscal year for each of
fiscal years 1995, 1996, 1997, 1998, and 1999.
Such amounts shall remain available until expended. Unobligated
balances that remain available as of September 30, 1994, are
rescinded.''.
Subtitle C--Repeal of Authorizations for the Airway Science Program,
Collegiate Training Initiative, and Air Carrier Maintenance Technician
Training Facility Grant Program
SEC. 11201. AIRWAY SCIENCE PROGRAM.
All authority for--
(1) the Secretary of Transportation to enter into grant
agreements with universities or colleges having an airway
science curriculum recognized by the Federal Aviation
Administration, to conduct 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.
SEC. 11202. COLLEGIATE TRAINING INITIATIVE.
Section 362 of the Department of Transportation and Related
Agencies Appropriations Act, 1993 (Public Law 102-388), is repealed,
except that the Administrator of the Federal Aviation Administration
may continue to 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.
SEC. 11203. AIR CARRIER MAINTENANCE TECHNICIAN TRAINING FACILITY GRANT
PROGRAM.
Section 119 of Public Law 102-581 (49 U.S.C. app. 1354 note) is
repealed.
TITLE XII--DEPARTMENT OF VETERANS AFFAIRS
Subtitle A--Remove Certain Limitations and Restrictions Contained in
Veterans Law
SEC. 12001. REMOVAL OF CERTAIN LIMITATIONS AND RESTRICTIONS.
(a) Eliminate Hospital and Nursing Home Bed Capacity
Requirements.--
(1) Paragraph (1) of subsection (a) of section 8110 of
title 38, United States Code, is amended--
(A) by striking ``at not more than 125,000 and not
less than 100,000''; and
(B) by striking the third and fourth sentences.
(2) Subsection (a) of section 8111 of such title is amended
to read as follows:
``(a) The Secretary and the Secretary of the Army, the Secretary of
the Air Force, and the Secretary of the Navy may enter into agreements
and contracts for the mutual use or exchange of use of hospital and
domiciliary facilities, and such supplies, equipment, material and
other resources as may be needed to operate such facilities properly,
except that the Secretary may not enter into an agreement that would in
any way subordinate or transfer the operation of the Department to any
other agency of the Government.''.
(b) Eliminate the Personnel Level Requirement for the Office of
Inspector General.--Section 312(b) of title 38, United States Code, is
repealed.
(c) Eliminate Requirement To Report to Congress Agency
Reorganizations.--Sections 510(b) through 510(f) of title 38, United
States Code, are repealed.
(d) Eliminate Requirement for Certain Services in the Veterans
Health Administration.--Section 7305 of title 38, United States Code,
is amended to read ``The Veterans Health Administration shall include
such professional and auxiliary services as the Secretary may find
necessary to carry out the functions of the Administration.''.
(e) Eliminate Certain Requirements on the Under Secretary for
Health--
(1) Section 7306(a) of title 38, United States Code, is
amended to read ``(a) The Office of the Chief Medical Director
shall consist of such personnel as may be deemed necessary for
the purposes of this chapter.''.
(2) Section 7306(b) of title 38, United States Code, is
repealed.
(3) Section 7306(c) of title 38, United States Code, is
amended by changing the second sentence to read ``Such
appointments shall be made upon the recommendation of the Chief
Medical Director.''.
(4) Sections 7306(c), (d), and (e) of title 38, United
States Code, are redesignated as sections 7306(b), (c), and
(d), respectively.
Subtitle B--Closure of Supply Depots and Transfer of Revolving Supply
Fund Money
SEC. 12101. CLOSURE OF SUPPLY DEPOTS AND TRANSFER OF FUNDS.
Notwithstanding the provisions of section 510(b) and 8121 of title
38, United States Code, the Secretary of Veterans Affairs shall phase
out and close the Department of Veterans Affairs' Supply Depots,
located at Somerville, New Jersey; Hines, Illinois; and Bell,
California over two fiscal years, beginning in fiscal year 1994 and
ending in fiscal year 1995, and shall transfer from the Department of
Veterans Affairs Revolving Supply Fund to the General Fund of the
Treasury, $45 million by September 30, 1994, and $44 million by
September 30, 1995.
Subtitle C--Provision of Information From the Medicare and Medicaid
Coverage Data Bank to the Department of Veterans Affairs
SEC. 12201. PROVISION OF DATA BANK INFORMATION TO DEPARTMENT OF
VETERANS AFFAIRS.
(a) Additional Purpose of Data Bank.--
(1) The heading to section 1144 of the Social Security Act
is amended by striking ``medicare and medicaid'' and inserting
``Health care''.
(2) Subsection (a) of that section is amended--
(A) in the matter preceding paragraph (1), by
striking ``Medicare and Medicaid'' and inserting
``Health Care'';
(B) by striking ``and'' at the end of paragraph
(1);
(C) by substituting ``, and'' for the period at the
end of paragraph (2); and
(D) by adding at the end the following:
``(3) assist in the identification of, and the collection
from, third parties responsible for payment for health care
items and services furnished to veterans under chapter 17 of
title 38, United States Code.''.
(b) Disclosure of Data Bank Information to Secretary of Veterans
Affairs.--Subsection (b)(2)(B) of that section is amended by inserting
``to the Secretary of Veterans Affairs and'' after ``Data Bank''.
Subtitle D--Veterans' Appeals Improvement Act of 1993
SEC. 12301. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This subtitle may be cited as the ``Veterans'
Appeals Improvement Act of 1993''.
(b) References.--Except as otherwise expressly provided, whenever
in this subtitle an amendment is expressed in terms of an amendment to
a section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
SEC. 12302. COMPOSITION OF THE BOARD OF VETERANS' APPEALS.
(a) Board Members and Personnel.--Section 7101(a) is amended to
read as follows:
``(a)(1) There is in the Department a Board of Veterans' Appeals
(hereafter in this chapter referred to as the `Board'). The Board is
under the administrative control and supervision of a Chairman directly
responsible to the Secretary.
``(2) The members of the Board shall be the Chairman, a Vice
Chairman, such number of Deputy Vice Chairmen as the Chairman may
designate under subsection (b)(4), and such number of other members as
may be found necessary to conduct hearings and consider and dispose of
matters properly before the Board in a timely manner. The Board shall
have such other professional, administrative, clerical, and
stenographical personnel as are necessary to conduct hearings and
consider and dispose of matters properly before the Board in a timely
manner.''.
(b) Appointment and Removal of Board Members.--Section 7101(b) is
amended--
(1) in paragraph (2)(A) by striking ``other members of the
Board (including the Vice Chairman)'' and inserting ``Board
members other than the Chairman'';
(2) in paragraph (2)(B) by striking ``paragraph'' and
inserting ``subparagraph''; and
(3) by striking paragraph (4) and inserting the following:
``(4) The Secretary shall designate one Board member as
Vice Chairman based upon recommendations of the Chairman. The
Chairman may designate one or more Board members as Deputy Vice
Chairmen. The Vice Chairman and any Deputy Vice Chairman shall
perform such functions as the Chairman may specify. The Vice
Chairman shall serve as Vice Chairman at the pleasure of the
Secretary. Any Deputy Vice Chairman shall serve as Deputy Vice
Chairman at the pleasure of the Chairman.''.
(c) Acting Board Members.--Section 7101(c) is amended by--
(1) striking paragraph (1) and inserting the following:
``(1) The Chairman may from time to time designate one or
more employees of the Department to serve as acting Board
members.'';
(2) striking paragraph (2) in its entirety; and
(3) redesignating paragraph (3) as paragraph (2) and in
that paragraph by--
(A) striking ``temporary Board members designated
under this subsection and the number of''; and
(B) striking ``section 7102(a)(2)(A)(ii) of this
title'' and inserting in lieu thereof ``paragraph
(1)''.
(d) Chairman's Annual Report.--Section 7101(d)(2) is amended--
(1) in subparagraph (D) by striking ``year; and'' and
inserting ``year;'';
(2) in subparagraph (E) by striking ``year.'' and inserting
``year; and''; and
(3) by adding at the end of paragraph (2) the following new
subparagraph:
``(F) the names of those employees of the Department
designated under subsection (c)(1) to serve as acting Board
members during that year and the number of cases each such
acting Board member participated in during that year.''.
(e) Conforming Amendments.--
(1) Section 7101(d)(3)(B) is amended by striking ``section
7103(d)'' and inserting ``section 7101(b)''.
(2) Section 7101(e) is amended by striking ``a temporary
or'' and inserting ``an''.
SEC. 12303. ASSIGNMENT OF MATTERS BEFORE THE BOARD.
Section 7102 is amended to read as follows:
``Sec. 7102. Assignment of matters before the Board
``The Chairman may determine any matter before the Board, or rule
on any motion in connection therewith, or may assign any such matter or
motion to any other Board member or a panel of members for
determination. Any such assignment by the Chairman may not be reviewed
by any other official or by any court, whether by an action in the
nature of mandamus or otherwise.''.
SEC. 12304. DETERMINATIONS BY THE BOARD.
(a) In General.--Section 7103(a) is amended to read as follows:
``(a) When the Chairman retains a matter or submits it to another
Board member or a panel of members for determination in accordance with
section 7102 of this title, or to an expanded panel of Board members in
accordance with subsection (b) of this section, the Chairman, other
member, or panel of members may:
``(1) Issue an order dismissing any appeal, in whole or in
part, which fails to allege specific error of fact or law in
the determination being appealed or in which the determination
being appealed has become moot. Each order of dismissal shall
include a written statement of the Board's findings and
conclusions, and the reasons or bases for those findings and
conclusions, in support of the dismissal.
``(2) Issue an order remanding the case, in whole or in
part, to the agency of original jurisdiction for such
additional development as the Chairman, other member, or panel
of members may consider necessary for proper disposition of the
case.
``(3) Render a written decision with respect to any issues
not dismissed or remanded, which decision shall constitute the
Board's final disposition of the issues so decided. Such
decisions shall be based on the entire record in the
proceeding, upon consideration of all evidence and material of
record, and upon applicable provisions of law and regulation.
The Board shall be bound in its decisions, including allowances
made under the provisions of subsection (d) of this section, by
the regulations of the Department, the instructions of the
Secretary, and the precedent opinions of the chief legal
officer of the Department. Each decision of a Board member or a
panel of members shall include--
``(A) a written statement of the Board's findings
and conclusions, and the reasons or bases for those
findings and conclusions, on all material issues of
fact and law presented on the record; and
``(B) an order granting appropriate relief or
denying relief.
Decisions by a panel of Board members, except as otherwise provided in
subsection (b), shall be made by a majority of the members of the
panel.''.
(b) Reconsideration.--Section 7103(b) is amended to read as
follows:
``(b) The decision of a Board member or a panel of members is
final, unless the Chairman orders reconsideration of the case, and a
claim disallowed by the Board may not thereafter be reopened or allowed
except as provided in section 5108 of this title and subsection (d) of
this section. If the Chairman orders reconsideration in a case, the
case shall be considered upon reconsideration by a panel of members
other than the Chairman if one member originally decided the case or by
an expanded panel of members other than the Chairman if a panel
originally decided the case. When a panel considers a case after a
motion for reconsideration has been granted, the decision of a majority
of the panel members shall constitute the final decision of the Board,
except as provided in subsection (d). If the expanded panel cannot
reach a majority decision, the Chairman may either assign additional
members other than the Chairman to the panel or vote with the members
of the expanded panel so as to create a majority decision. Either the
expanded panel majority or the majority made with the vote of the
Chairman shall constitute the final decision of the Board, except as
provided in subsection (d).''.
(c) Administrative Allowance; Notice of Determination.--Section
7103 is further amended by adding at the end of the following:
``(d) Whenever a Board member other than the Chairman or Vice
Chairman is of the opinion that a prior, otherwise final denial of a
claim should be revised or amended to allow the claim in whole or in
part, based on a difference of opinion as to how the evidence should be
evaluated rather than on any error in the prior decision, the Board
member shall recommend such allowance to the Chairman or Vice Chairman.
The Chairman or Vice Chairman, whether upon the recommendation of any
other Board member or upon the Chairman's or Vice Chairman's own
motion, if of the opinion that a prior, otherwise final denial of a
claim should be revised or amended to allow the claim in whole or in
part, based on a difference of opinion as to how the evidence should be
evaluated rather than on any error in the prior decision, shall approve
the award of any benefit, or any increase therein, on the basis of such
difference of opinion. The discretionary exercise of the authority
provided to the Chairman and Vice Chairman under this subsection shall
not be reviewed by any other official or by any court, whether by an
action in the nature of mandamus or otherwise.
``(e) After reaching a determination under any of the provisions of
this section, the Board shall promptly mail a copy of its written
decision to the appellant and the appellant's authorized representative
(if any) at the last known address of the appellant and at the last
known address of such representative (if any), respectively.''.
SEC. 12305. JURISDICTION OF THE BOARD.
Section 7104 is amended by--
(a) striking the subsection designation ``(a)'';
(b) striking ``211(a)'' and inserting ``511(a)''; and
(c) striking all after ``made by the Board.''.
SEC. 12306. APPELLATE PROCEDURE.
Section 7105(d) is amended by striking paragraph (5).
SEC. 12307. MEDICAL OPINIONS.
Section 7109 is amended to read as follows:
``Sec. 7109. Medical opinions
``(a) A Board member or a panel of members before whom a matter
which involves a medical question is pending may, in the discretion of
the member or panel, request an opinion on that medical question from--
``(1) an employee of the Board who is licensed to practice
medicine in any State;
``(2) an employee of the Veterans Health Administration who
is licensed to practice medicine in any State and who has been
designated by the Under Secretary for Health to provide such an
opinion; or
``(3) an employee of any Federal department or agency who
is licensed to practice medicine in any State and who has been
designated, in accordance with arrangements made by the
Secretary with the head of any such Federal department or
agency, to provide such an opinion.
``(b) When, in the judgment of a Board member or a panel of members
assigned a matter for determination in accordance with section 7102 of
this title, the medical complexity or controversy involved in that
matter warrants expert medical opinion in addition to, or in lieu of,
that available within the Department or within another Federal
department or agency, the Board may secure an advisory medical opinion
from one or more independent medical experts who are not employees of
the Department or of another Federal department or agency. The
Secretary shall make necessary arrangements with recognized medical
schools, universities, or clinics to furnish such advisory medical
opinions at the request of the Chairman. Any such arrangement shall
provide that the actual selection of the expert or experts to give the
advisory opinion in an individual case shall be made by an appropriate
official of such institution. For purposes of this section, an employee
of a medical school, university, or clinic shall not be considered an
employee of the Department or another Federal department or agency just
because the medical school, university, or clinic receives grants from,
or provides contract services to, the Department or another Federal
department or agency.
``(c) Any opinion provided under this section shall be in writing
and made a part of the record. The Board shall notify a claimant that
an advisory medical opinion has been requested under this section with
respect to the claimant's case and shall mail to the claimant and the
claimant's authorized representative (if any) at the last known address
of the claimant and at the last known address of such representative
(if any) a copy of such opinion when the Board receives it. An
opportunity for response by or on behalf of the claimant shall be
provided following the mailing of the copy (or copies) of such advisory
medical opinion.''.
SEC. 12308. HEARINGS.
Section 7110 is amended to read as follows:
``Sec. 7110. Hearings
``(a) The Board shall decide any appeal only after affording the
appellant an opportunity for a hearing.
``(b) A hearing docket shall be maintained and formal recorded
hearings shall be held by such member or members of the Board as the
Chairman may designate. Such member or members designated by the
Chairman to conduct the hearing will participate in making the final
determination in the claim.
``(c) An appellant may request a hearing before the Board at either
its principal location or a regional office of the Department. Any
hearing held at a regional office of the Department shall be scheduled
for hearing in the order in which the requests for hearing in that area
are received by the Department at the place specified by the Department
for the filing of requests for such hearings.
``(d) At the request of the Chairman, the Secretary may provide
suitable facilities and equipment to the Board or other components of
the Department to enable an appellant located at a facility within the
area served by a regional office to participate, through voice
transmission, or picture and voice transmission, by electronic or other
means, in a hearing with a Board member or members sitting at the
Board's principal location. When such facilities and equipment are
available, the Chairman may, at his or her discretion, afford the
appellant an opportunity to participate in a hearing before the Board
through the use of such facilities and equipment in lieu of a hearing
held by personally appearing before a Board member or members as
provided in subsection (c).''.
SEC. 12309. TABLE OF CONTENTS.
The table of contents at the beginning of chapter 71 is amended
by--
(1) striking ``7102. Assignment of members of Board.'' and
inserting ``7102. Assignment of appellate matters.'';
(2) striking ``7109. Independent medical opinions.'' and
inserting ``7109. Medical opinions.''; and
(3) striking ``7110. Traveling sections.'' and inserting
``7110. Hearings.''.
SEC. 12310. EFFECTIVE DATES OF AWARDS BASED ON DIFFERENCE OF OPINION.
Section 5110 is amended by adding at the end the following new
subsection:
``(o) The effective date of the award of any benefit, or any
increase therein, pursuant to section 7103(d) of this title on the
basis of a difference of opinion shall be--
``(1) if the award resulted from review initiated by an
application to reopen the claim for the benefit in question
under the provision of section 5108 of this title, fixed in
accordance with the facts found but shall not be earlier than
the date the Department of Veterans Affairs received such
application; or
``(2) if the award resulted from review of the final
determination undertaken by the Department of Veterans Affairs
solely on its own initiative, the date the Chairman or Vice
Chairman of the Board of Veterans' Appeals approved the
award.''.
TITLE XIII--HUMAN RESOURCE MANAGEMENT
Subtitle A--Federal Workforce Restructuring Act of 1993
SEC. 13001. SHORT TITLE.
This subtitle may be cited as the ``Federal Workforce Restructuring
Act of 1993''.
SEC. 13002. AMENDMENTS TO CHAPTER 41 OF TITLE 5, UNITED STATES CODE.
(a) Chapter 41 of title 5, United States Code, is amended--
(1) in section 4101(4) by striking ``fields'' and all that
follows through the semicolon and inserting ``fields which will
improve individual and organizational performance and assist in
achieving the agency's mission and performance goals;'';
(2) in section 4103--
(A) in subsection (a) by striking ``In'' and all
that follows through ``proficiency'' and inserting ``In
order to assist in achieving an agency's mission and
performance goals by improving employee and
organizational performance''; and
(B) in subsection (b)--
(i) in paragraph (1) by striking
``determines'' and all that follows through the
period and inserting ``determines that such
training would be in the interests of the
Government.'';
(ii) by repealing paragraph (2) and
redesignating paragraph (3) as paragraph (2);
and
(iii) in subparagraph (C) of paragraph (2)
(as so redesignated) by striking ``retaining''
and all that follows through the period and
inserting ``such training.'';
(3) in section 4105--
(A) by striking ``(a) at the beginning; and
(B) by repealing subsections (b) and (c);
(4) by repealing section 4106;
(5) in section 4107--
(A) by amending the catchline to read as follows:
``Sec. 4107. Restriction on degree training'';
(B) by repealing subsections (a) and (b) and
redesignating subsections (c) and (d) as subsections
(a) and (b), respectively;
(C) by amending subsection (a) (as so
redesignated)--
(i) by striking ``subsection (d)'' and
inserting ``subsection (b)''; and
(ii) by striking ``by, in, or through a
non-Government facility''; and
(D) by amending paragraph (1) of subsection (b) (as
so redesignated) by striking ``subsection (c)'' and
inserting ``subsection (a)'';
(6) in section 4108(a) by striking ``by, in, or through a
non-Government facility under this chapter'' and inserting
``for more than a minimum period prescribed by the head of the
agency'';
(7) in section 4113(b) by striking everything following the
first sentence;
(8) by repealing section 4114; and
(9) in section 4118--
(A) in subsection (a)(7) by striking ``by, in, and
through non-Government facilities'';
(B) by repealing subsection (b); and
(C) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(b) The analysis of chapter 41 of title 5, United States Code, is
amended--
(1) by striking the items relating to sections 4106 and
4114; and
(2) by amending the item relating to section 4107 to read
as follows:
``4107. Restriction on degree
training.''.
(c) The amendments made by this section are effective on the date
of enactment of this Act.
SEC. 13003. VOLUNTARY SEPARATION INCENTIVES.
(a) For the purpose of this section--
(1) ``agency'' means an Executive agency, as defined in
section 105 of title 5, United States Code, but does not
include the Department of Defense, the Central Intelligence
Agency, or the General Accounting Office; and
(2) ``employee'' means an employee, as defined in section
2105 of title 5, United States Code, of an agency, serving
under an appointment without time limitation, who has been
currently employed for a continuous period of at least 12
months, including an individual employed by a county committee
established under section 590h(b) of title 16, United States
Code, but does not include--
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code, or another retirement system for employees of the
Government; or
(B) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under the applicable retirement
system referred to in subparagraph (A).
(b)(1) In order to assist in the restructuring of the Federal
workforce while minimizing involuntary separations, the head of an
agency may pay, or authorize the payment of, a voluntary separation
incentive to employees in any component of the agency, employees in any
occupation or geographic location, or any combination thereof, who
agree, during a continuous 90-day period designated by the agency head
for the agency or a component thereof, beginning no earlier than the
date of enactment of this Act and ending no later than September 30,
1994, to separate from service with the agency, whether by retirement
or resignation.
(2) In order to receive a voluntary separation incentive, an
employee shall separate from service no later than the last day of the
90-day period designated by the agency head under paragraph (1), unless
the agency head determines that, in order to ensure the performance of
the agency's mission, the employee must agree to continue in service
until a later date, but not later than 2 years after such last day of
the 90-day period.
(c) A voluntary separation incentive--
(1) shall be paid in a lump sum after the employee's
separation;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code, if the employee were
entitled to payment under such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit;
(4) shall not be taken into account in determining the
amount of any severance pay to which an employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation; and
(5) shall be paid from appropriations or funds available
for the payment of the basic pay of the employee.
(d) An employee who has received a voluntary separation incentive
under this section and accepts employment with the Government of the
United States within 2 years of the date of the separation on which
payment of the incentive is based shall be required to repay the entire
amount of the incentive to the agency that paid the incentive. If the
employment is with an Executive agency (as defined in section 105 of
title 5, United States Code), the Director of the Office of Personnel
Management may, at the request of the head of the agency, waive the
repayment if the employment is in a position for which there is
exceptional difficulty in recruiting a qualified employee. If the
employment is with an entity in the legislative branch, the head of the
entity or the appointing official may waive the repayment if the
employment is in a position for which there is exceptional difficulty
in recruiting a qualified employee. If the employment is with the
judicial branch, the Director of the Administrative Office of the
United States Courts may waive the repayment if the employment is in a
position for which there is exceptional difficulty in recruiting a
qualified employee.
(e) The Director of the Office of Personnel Management may
prescribe any regulations necessary for the administration of this Act.
(f) The Director of the Administrative Office of the United States
Courts may, by regulation, establish a program consistent with the
program established by subsections (a) through (d) of this section for
employees of the judicial branch.
(g) It is the sense of Congress that--
(1) employment in the Executive Branch should be reduced by
not less than one full-time equivalent position for each two
employees who are paid voluntary separation incentives under
this Act; and
(2) each agency should adjust its employment levels to
achieve this result.
SEC. 13004. REPAYMENT OF SEPARATION PAY.
(a) Section 5597 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(g) An employee who receives separation pay under this section on
the basis of a separation occurring on or after the date of enactment
of the Federal Workforce Restructuring Act of 1993 and accepts
employment with the Government of the United States within 2 years of
the date of the separation on which payment of the separation pay is
based shall be required to repay the entire amount of the separation
pay to the defense agency that paid the separation pay. If the
employment is with an Executive agency (as defined in section 105 of
title 5, United States Code), the Director of the Office of Personnel
Management may, at the request of the head of the agency, waive the
repayment if the employment is in a position for which there is
exceptional difficulty in recruiting a qualified employee. If the
employment is with an entity in the legislative branch, the head of the
entity or the appointing official may waive the repayment if the
employment is in a position for which there is exceptional difficulty
in recruiting a qualified employee. If the employment is with the
judicial branch, the Director of the Administrative Office of the
United States Courts may waive the repayment if the employment is in a
position for which there is exceptional difficulty in recruiting a
qualified employee.''.
(b) Section 2(b) of the Central Intelligence Agency Voluntary
Separation Pay Act (Public Law 103-36; 107 Stat. 104) is amended by
adding at the end the following: ``An employee who receives separation
pay under this section on the basis of a separation occurring on or
after the date of enactment of the Federal Workforce Restructuring Act
of 1993 and accepts employment with the Government of the United States
within 2 years of the date of the separation on which payment of the
separation pay is based shall be required to repay the entire amount of
the separation pay to the Central Intelligence Agency. If the
employment is with an Executive agency (as defined in section 105 of
title 5, United States Code), the Director of the office of Personnel
Management may, at the request of the head of the agency, waive the
repayment if the employment is in a position for which there is
exceptional difficulty in recruiting a qualified employee. If the
employment is with an entity in the legislative branch, the head of the
entity or the appointing official may waive the repayment if the
employment is in a position for which there is exceptional difficulty
in recruiting a qualified employee. If the employment is with the
judicial branch, the Director of the Administrative Office of the
United States Courts may waive the repayment if the employment is in a
position for which there is exceptional difficulty in recruiting a
qualified employee.''.
SEC. 13005. ADDITIONAL AGENCY PAYMENTS TO FUND.
(a) Section 8334 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(1) In addition to any other payments required by this
subchapter, an agency shall remit to the Office for deposit in
the Treasury of the United States to the credit of the Fund an
amount equal to 9 percent of the final rate of basic pay of
each employee of the agency who retires under section
8336(d).''.
(b) The amendment made by this section shall apply with respect to
retirements occurring on or after the date of enactment of this Act.
Subtitle B--SES Annual Leave Accumulation
SEC. 1301. SES ANNUAL LEAVE ACCUMULATION.
(a) Effective on the last day of the last applicable pay period
beginning in calendar year 1993, subsection (f) of section 6304 of
title 5, United States Code, is repealed.
(b) Notwithstanding the amendment made by subsection (a), in the
case of an employee who, on the effective date of subsection (a), is
subject to subsection (f) of section 6304 of title 5, United States
Code, and who has to such employee's credit annual leave in excess of
the maximum accumulation otherwise permitted by subsection (a) or (b)
of section 6304, such excess annual leave shall remain to the credit of
the employee and be subject to reduction, in the same manner as
provided in subsection (c) of section 6304.
TITLE XIV--REINVENTING SUPPORT SERVICES
SEC. 14001. SHORT TITLE.
This title may be cited as the ``Government Information
Dissemination and Printing Improvement Act of 1993''.
SEC. 14002. PURPOSE.
The purpose of this title is to enhance public access to public
information, through a diversity of sources and in a variety of forms
and formats, by improving the printing and dissemination practices of
the Federal Government.
SEC. 14003. DEFINITIONS.
As used herein--
(1) ``information dissemination product'' means any book,
paper, map, machine-readable material, audiovisual production,
or other documentary material, regardless of physical form or
characteristic, disseminated by an agency to the public; and
(2) ``public information'' means any information,
regardless of form or format, that an agency discloses,
disseminates, or makes available to the public pursuant to law,
rule, regulation, policy, or practice, and any part of that
information.
SEC. 14004. EXECUTIVE BRANCH PRINTING POLICY.
(a) The President shall establish policy for the acquisition of
printing by Executive branch agencies and promulgate government-wide
regulations as appropriate.
(b) To the extent practicable and appropriate, the policies
promulgated for the acquisition of printing by Executive branch
agencies shall be consistent with the principles contained in the
Federal Acquisition Regulation, promulgated pursuant to 41 U.S.C. 405a.
(c) The policies promulgated pursuant to this section shall ensure
that the Government Printing Office has the opportunity to compete on
an equal basis for Executive branch agency printing acquisitions.
SEC. 14005. TRANSITION TO EXECUTIVE BRANCH PRINTING.
(a) The Government Printing Office shall remain the mandatory
source for Executive branch agencies' printing for 2 years after the
effective date of this Act.
(b) Notwithstanding subsection (a), Executive agencies are
authorized to obtain printing services costing under $2500 from
commercial sources, other printing sources operated by Executive branch
agencies, or the Government Printing Office during this period.
(c) Subsection (a) does to apply to (1) printing for the Central
Intelligence Agency, the Defense Intelligence Agency, and the National
Security Agency, or (2) printing from other sources that are
specifically authorized by law at the time of enactment of this Act.
SEC. 14006. AUTHORITY AND FUNCTIONS OF THE DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET.
The Director of the Office of Management and Budget (the Director)
shall develop policies and practices for agency dissemination of public
information to ensure that agencies--
(1) make information dissemination products available on
timely, equitable and cost effective terms;
(2) encourage a diversity of public and private information
dissemination products;
(3) avoid establishing, or permitting others to establish,
exclusive, restricted, or other distribution arrangements that
interfere with the availability of information dissemination
products on a timely and equitable basis; and
(4) set user charges for information dissemination products
no higher than sufficient to recover the cost of dissemination,
except where required by statute or specifically authorized by
the Director.
SEC. 14007. FEDERAL AGENCY RESPONSIBILITIES.
The head of each Executive branch agency shall--
(1) ensure that the public has timely and equitable access
to the agency's public information;
(2) disseminate public information in an efficient, cost
effective, and economical manner;
(3) provide notice to the Superintendent of Documents and
otherwise comply with the requirements of section 1710, title
44, United States Code;
(4) establish fees and other dissemination arrangements in
a manner consistent with the policies and practices developed
by the Director under Section 14006 of this Act;
(5) consider whether information dissemination products
available from other Federal or nonfederal sources are
equivalent to any agency information dissemination product and
reasonably fulfill the dissemination responsibilities of the
agency; and
(6) regularly solicit and consider public input on the
agency's information dissemination program.
SEC. 14008. DEPOSITORY LIBRARY PROGRAM.
(a) Within 1 year of the date of enactment of this Act, the
Director shall, in consultation with the Secretary of Commerce, the
Superintendent of Documents, the Librarian of Congress the Archivist of
the United States, and the public, propose such amendments to Chapter
19 of title 44, United States Code, as may be necessary and appropriate
to ensure the distribution of government information dissemination
products to the depository libraries.
(b) The policies promulgated pursuant to section 14005 of this Act
shall reaffirm agency responsibilities to cooperate with the
Superintendent of Documents with regard to the distribution of
government publications to the depository libraries.
(c) Agency information dissemination programs shall include
provisions to maximize the distribution of information dissemination
products to the depository libraries.
SEC. 14009. ESTABLISHMENT AND OPERATION OF GOVERNMENT INFORMATION
LOCATOR SERVICE.
Section 3511 of title 44, United States Code, is amended to read as
follows:
``(a) In order to assist agencies and the public in reducing the
burden of agency information collection requests by minimizing
duplication, the Director shall maintain a publicly accessible
comprehensive inventory of all approved Federal agency information
collection requests.
``(b) In order to assist agencies and the public in locating
information and to promote information sharing and equitable access by
the public, the Director shall--
``(1) cause to be established and maintained a distributed
agency-based electronic Government Information Locator Service
supported by agency inventory systems which identify
significant public information holdings consistent with the
requirements of Section 4101 of title 44, United States Code;
``(2) require each agency having significant information
dissemination products to establish and maintain a
comprehensive inventory of such products, and shall prescribe
the minimum contents of such inventories, subject to any
technical standards developed pursuant to paragraph (3); and
``(3) establish an interagency committee, in cooperation
with the Secretary of Commerce, the Archivist of the United
States, the Administrator of General Services, the Public
Printer, and the Librarian of Congress, to develop such
technical standards for agency inventory systems as may be
necessary and appropriate.''.
SEC. 14010. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 103 of title 44, United States Code, is amended by
striking ``Government,'' and inserting ``Congressional and Judicial
branch publications''.
(b) Section 312 of title 44, United States Code, is amended by
striking ``Government'' and inserting ``Congress or the Judiciary
(other than the Supreme Court)'' in the first sentence of the section.
(c) Section 313 of title 44, United States Code, is amended by
inserting ``for the use of Congress or the Judiciary (other than the
Supreme Court)'' after ``otherwise'' in the first paragraph thereof.
(d) Section 501 of title 44, United States Code, is amended to read
as follows: ``Government printing, binding, and blank-book work for
Congress and the Judiciary (other than the Supreme Court) shall be done
at the Government Printing Office, except classes of work the Public
Printer considers appropriate to be done elsewhere.''.
(e) Sections 503, 504, 508, 509, 510, 512, 513, and 514 of title
44, United States Code, are repealed.
(f) Chapter 11 of title 44, United States Code, is repealed in its
entirety.
(g) Section 1502 of title 44, United States Code, is amended by
striking ``and, together with the Public Printer,'' after ``custody''
in the first section.
(h) Section 1503 of title 44, United States Code, is amended by
striking the sixth sentence, which reads, ``The Office shall transmit
immediately to the Government Printing Office for printing, as provided
by this chapter, one duplicate original or certified copy of each
document required or authorized to be published by section 1505 of this
title.''.
(i) Section 1504 of title 44, United States Code, is repealed.
(j) Section 1506 of title 44, United States Code, is amended by
striking ``Public Printer or Acting Printer''.
(k) Section 1701 of title 44, United States Code, is repealed.
(l) Section 207 of Public Law 102-392, Legislative Branch
Appropriations Act, 1993, is repealed.
TITLE XV--STREAMLINING MANAGEMENT CONTROL
SEC. 15001. AUTHORITY TO INCREASE EFFICIENCY IN REPORTING TO CONGRESS.
(a) Purpose.--The purpose of this title is to improve the
efficiency of Executive branch performance in implementing statutory
requirements for reports to Congress and its committees. Examples of
improvements in efficiency intended by this subtitle are the
elimination or consolidation of duplicative or obsolete reporting
requirements and adjustments to deadlines that will provide for more
efficient workload distribution or improve the quality of reports.
(b) Authority of the Director.--The Director of the Office of
Management and Budget may publish annually in the President's Budget
his recommendations for consolidation, elimination, or adjustments in
frequency and due dates of statutorily required periodic reports to the
Congress or its committees. For each recommendation, the Director shall
provide an individualized statement of the reasons that support the
recommendation. In addition, for each report for which a recommendation
is made, the Director shall state with specificity the exact
consolidation, elimination, or adjustment in frequency or due date that
is recommended. If the Director's recommendations are approved by law,
they shall take effect.
(c) The Director's recommendations shall be consistent with the
purpose stated in subsection (a).
(d) Prior to the publication of the recommendations authorized in
subsection (b), the Director or his designee shall consult with the
appropriate congressional committees concerning the recommendations.
TITLE XVI--FINANCIAL MANAGEMENT
SEC. 16001. SHORT TITLE.
This title may be cited as the ``Federal Financial Management Act
of 1993''.
Subtitle A--Electronic Payments
SEC. 16101. ELECTRONIC PAYMENTS.
(a) Section 3332 of title 31, United States Code, is amended to
read as follows:
``3332. Required direct deposit.
``(a)(1) Notwithstanding any other provision of law, all Federal
wage, salary, and retirement payments shall be paid to recipients of
such payments by electronic funds transfer, unless another method has
been determined by the Secretary of the Treasury to be appropriate.
``(2) Each recipient of Federal wage, salary, or retirement
payments shall designate one or more financial institutions or other
authorized payment agents and provide the payment certifying or
authorizing agency information necessary for the recipient to receive
electronic funds transfer payments through each institution so
designated.
``(b)(1) The head of each agency shall waive the requirements of
subsection (a) of this section for a recipient of Federal wage, salary,
or retirement payments authorized or certified by the agency upon
written request by such recipient.
``(2) Federal wage, salary, or retirement payments shall be paid to
any recipient granted a waiver under paragraph (1) of this subsection
by any method determined appropriate by the Secretary of the Treasury.
``(c)(1) The Secretary of the Treasury may waive the requirements
of subsection (a) of this section for any group of recipients upon
request by the head of an agency under standards prescribed by the
Secretary of the Treasury.
``(2) Federal wage, salary, or retirement payments shall be paid to
any member of a group granted a waiver under paragraph (1) of this
subsection by any method determined appropriate by the Secretary of the
Treasury.
``(d) This section shall apply only to recipients of Federal wage
or salary payments who begin to receive such payments on or after
January 1, 1995, and recipients of Federal retirement payments who
begin to receive such payments on or after January 1, 1995.
``(e) The crediting of the amount of a payment to the appropriate
account on the books of a financial institution or other authorized
payment agent designated by a payment recipient under this section
shall constitute a full acquittance to the United States for the amount
of the payment.''.
(b) The table of sections for chapter 33 of title 31, United States
Code, is amended by amending the item for section 3332 to read:
``3332. Required direct deposit.''.
Subtitle B--Franchise Funds and Innovation Funds
SEC. 16201. FRANCHISE FUNDS AND INNOVATION FUNDS.
(a) Title 31, United States Code, is amended by adding, after
section 1537, a section 1538, as follows:
``Sec. 1538. Franchise funds
``(a) There is hereby authorized to be established a franchise fund
in any executive agency which does not have such a fund which shall be
available, without further appropriation action by the Congress, for
expenses and equipment necessary for the maintenance and operations of
such administrative services as the head of the agency, with the
approval of the Office of Management and Budget, determines may be
performed more advantageously on a centralized basis.
``(b)(1) The fund shall consist of the fair and reasonable value of
inventories, equipment, and other assets and inventories on order
pertaining to the services to be provided by the fund as are
transferred by the head of the agency to the fund less related
liabilities and unpaid obligations together with any appropriations
made for the purpose of providing capital.
``(2) For the first fiscal year a fund is in operation and each
fiscal year thereafter, an amount not to exceed 4 percent of the total
income of the fund may be retained in the fund, to remain available
until expended, to be used only for the acquisition of capital
equipment and for the improvement and implementation of agency
financial management and related support systems.
``(3) For the first three fiscal years a fund is in operation, up
to 50 percent of the unobligated balances of funds provided in annual
appropriations available at the end of the fiscal year to the agency
for salaries and expenses may be transferred into the fund no later
than the end of the succeeding fiscal year.
``(c) The fund shall be reimbursed or credited with payments,
including advance payments, from applicable appropriations and funds of
the agency, other Federal agencies, and other sources authorized by law
for supplies, materials, and services at rates which will recover the
expenses of operations including accrued leave, depreciation of fund
plant and equipment, and an amount necessary to maintain a reasonable
operating reserve, as determined by the head of the agency.
``(d)(1) In the third fiscal year after the fund is established,
and each year thereafter, any Federal entity seeking to obtain any
service financed through the fund that is not inherently governmental
in nature must not be precluded from obtaining such service from one or
more other sources, either governmental or non-governmental, in
addition to the source finance through the funds.
``(2) If, after the end of the third fiscal year after a fund is
established, any Federal entity seeking to obtain any service financed
through the fund that is not inherently governmental in nature is
precluded from obtaining such service from one or more other sources,
either governmental or non-governmental, in addition to the source
financed through the fund, the fund shall be cancelled.''.
(b) The table of sections for subchapter III of chapter 15 of title
31, United States Code, is amended by adding, after the item for
section 1537, the following new item: ``Section 1538. Franchise
Funds.''.
(c) Title 31, United States Code, is amended by adding, after
section 1538, a section 1539, as follows:
``Sec. 1539. Innovation funds
``(a) There is hereby authorized to be established an innovation
fund in any executive agency which does not have such a fund, which
shall be available without further appropriation action by the
Congress.
``(b) The purpose of the fund is to provide a self-sustaining
source of financing for agencies to invest in projects designed to
produce measurable improvements in agency efficiency and significant
taxpayer savings. Amounts available in the fund may be borrowed by the
agency for such projects, subject to subsection (e).
``(c) Each agency that establishes an innovation fund will develop
an investment project selection process, including specific investment
criteria such as return on investment, payback period, extent of
matching or in-kind support (including such support from other Federal
agencies), technical merit, and budget justification.
``(d) For the first three fiscal years a fund is in operation, up
to 50 percent of the unobligated balances of funds provided in annual
appropriations available at the end of the fiscal year to the agency
(other than appropriations for salaries and expenses) may be
transferred to and merged with the innovation fund to be available to
make loans to agency components for projects designed to enhance
productivity and generate cost savings, provided that such transfers
occur no later than the end of the succeeding fiscal year.
``(e)(1) Any amounts borrowed from the fund by an agency component
to finance a project selected under the process described in subsection
(c) shall be repaid to the fund at the times specified in the repayment
schedule agreed upon at the time the loan is made.
``(2) Interest on loans made by the fund shall be paid to the fund
at the rate on marketable Treasury securities of similar maturity at
the time the loan is made.
``(3) Repayments shall be made from the accounts anticipated to
receive the greatest long-term benefit from the project at the time the
loan is made.
``(4) Repayments to the fund shall take priority over any other
obligation of payments of an account designated to make repayments
under paragraph (3) of this subsection.''.
(d) The table of sections for subchapter III of chapter 15 of title
31, United States Code, is amended by adding, after the item for
section 1538, the following new item:
``Section 1539. Innovation Funds.''.
Subtitle C--Simplifying the Management Reporting Process
SEC. 16301. SIMPLIFICATION OF MANAGEMENT REPORTING PROCESS.
(a) To improve the efficiency of Executive branch performance in
implementing statutory requirements for general management and
financial management reports to the Congress and its committees, the
Director of the Office of Management and Budget may publish annually in
the President's Budget his recommendations for consolidation,
elimination, or adjustments in frequency and due dates of statutorily
required periodic reports of agencies to the Office of Management and
Budget or the President and of agencies or the Office of Management and
Budget to the Congress under any laws for which the Office of
Management and Budget has general management or financial management
responsibility. For each recommendation, the Director shall provide an
individualized statement of the reasons that support the
recommendation. In addition, for each report for which a recommendation
is made, the Director shall state with specificity the exact
consolidation, elimination, or adjustment in frequency or due date that
is recommended. If the Director's recommendations are approved by law,
they shall take effect.
(b) The Director's recommendations shall be consistent with the
purpose stated in subsection (a).
(c) Prior to the publication of the recommendations authorized in
subsection (a), the Director or his designee shall consult with the
appropriate congressional committees, including the House Committee on
Government Operations and the Senate Committee on Governmental Affairs,
concerning the recommendations.
Subtitle D--Annual Financial Reports
SEC. 16401. ANNUAL FINANCIAL REPORTS.
(a) Section 3515 of title 31, United States Code, is amended to
read as follows:
``Sec. 3515. Financial statements of agencies
``(a) Not later than March 1 of 1997 and each year thereafter, the
head of each executive agency identified in section 901(b) of this
title shall prepare and submit to the Director of the Office of
Management and Budget an audited financial statement for the preceding
fiscal year, covering all accounts and associated activities of each
office, bureau, and activity of the agency.
``(b) Each audited financial statement of an executive agency under
this section shall reflect--
``(1) the overall financial position of the offices,
bureaus, and activities covered by the statement, including
assets and liabilities thereof; and
``(2) results of operations of those offices, bureaus, and
activities.
``(c) The Director of the Office of Management and Budget shall
prescribe the form and content of the financial statements of executive
agencies under this section, consistent with applicable accounting
principles, standards, and requirements.
``(d) The Director of the Office of Management and Budget may waive
the application of all or part of subsection (a).
``(e) Not later than March 1 of 1996, the head of each Executive
agency identified in section 901(b) of this title and designated by the
Director of the Office of Management and Budget shall prepare and
submit to the Director of the Office of Management and Budget an
audited financial statement for the preceding fiscal year, covering all
accounts and associated activities of each office, bureau, and activity
of the agency.
``(f) Not later than March 31 of 1994, 1995, and, for Executive
agencies not designated by the Director of the Office of Management and
Budget under subsection (e), 1996, the head of each Executive agency
identified in section 901(b) of this title shall prepare and submit to
the Director of the Office of Management and Budget a financial
statement for the preceding fiscal year, covering--
``(1) each revolving fund and trust fund of the agency; and
``(2) to the extent practicable, the accounts of each
office, bureau, and activity of the agency which performed
substantial commercial functions during the preceding fiscal
year.
``(g) for purposes of subsection (f), the term `commercial
functions' includes buying and leasing of real estate, providing
insurance, making loans and loan guarantees, and other credit programs
and any activity involving the provision of a service or thing for
which a fee, royalty, rent, or other charge is imposed by an agency for
services and things of value it provides.''.
(b) Subsection 3521(f) of title 31, United States Code, is amended
to read as follows:
``(f)(1) For each audited financial statement required under
subsections (a) and (e) of section 3515 of this title, the person who
audits the statement for purpose of subsection (e) of this section
shall submit a report on the audit to the head of the agency. A report
under this subsection shall be prepared in accordance with generally
accepted government auditing standards.
``(2) Not later than June 30 following the fiscal year for which a
financial statement is submitted under subsection (f) of section 3515
of this title, the person who audits the statement for purpose of
subsection (e) of this section shall submit a report on the audit to
the head of the agency. A report under this subsection shall be
prepared in accordance with generally accepted government auditing
standards.''.
Subtitle E--Strengthening Debt Collection Programs
SEC. 16501. AUTHORIZATION OF APPROPRIATIONS FOR ENHANCING DEBT
COLLECTION.
(a) Title 31, United States Code, is amended by adding, after
section 3720A, a section 3720B, as follows:
``Sec. 3720B. Authorization of appropriations for enhancing debt
collection
``(a) To the extent and in the amounts provided in advance in
appropriations acts--
``(1) an amount not to exceed 1 percent of the delinquent
debts collected for a program in one fiscal year is authorized
to be credited in the following fiscal year to a special fund
for such program;
``(2) an amount not to exceed 10 percent of any sustained
annual increase in delinquent debt collections, as defined by
the Director of the Office of Management and Budget, is
authorized to be credited to a special fund for such program;
and
``(3) from amounts credited under paragraphs (1) and (2),
such sums as may be necessary are authorized to be appropriated
for the improvement of that program's debt collection
activities, including, but not limited to, account and loan
servicing, delinquent debt collection and asset disposition.
``(b) Debt is defined as delinquent under standards prescribed or
to be prescribed by the Secretary of the Treasury.
``(c) For direct loan and loan guarantee programs subject to Title
V of the Congressional Budget Act of 1974, amounts credited in
accordance with section (a) shall be considered administrative costs
and shall not be included in the estimated payments to the Government
for the purpose of calculating the cost of such programs.''.
(b) The table of sections for subchapter II of chapter 37 of title
31, United States Code, is amended by adding, after the item for
section 3720A, the following new item:
``Section 3720B. Authorization of appropriations for enhancing debt
collection.''.
SEC. 16502. CONTRACTS FOR COLLECTION SERVICES.
(a) Subsection 3701(d) of Title 31, United States Code, is
amended--
(1) by striking ``and 3716-3719'' and inserting in lieu
thereof ``, 3716, and 3717''; and
(2) by striking ``, the Social Security Act (42 U.S.C. 301
et seq.),''.
(b) Section 3701 of title 31, United States Code, is amended by
adding at the end the following:
``(e) Section 3718 of this title does not apply to a claim or debt
under, or to an amount payable under, the Social Security Act (42
U.S.C. 301 et seq.) owed by a person receiving benefits under that Act
or to a claim or debt under, or to an amount payable under, title 26 of
the United States Code.''.
SEC. 16503. NOTIFICATION TO AGENCIES OF DEBTORS' MAILING ADDRESSES.
Section 3720A of title 31, United States Code is amended by
striking ``the individual's home address.'' at the end of subsection
(c) and inserting the following: ``the person's mailing address.
Provision of this information is authorized by section 6103(m)(2) of
the Internal Revenue Code (26 U.S.C. 6103(m)(2)).''.
Subtitle F--Improving Department of Justice Debt Collection
SEC. 16601. DEBT COLLECTION FUND.
(a) Section 3011 of title 28, United States Code, is amended to
read as follows:
``Sec. 3011. Establishment of debt collection fund; assessment of
surcharge on debt
``(a) Authorization of Appropriations.--
``(1) Establishment of debt collection Fund.--
(A) There is hereby established in the Treasury a
Debt Collection Fund (hereafter referred to as ``the
Fund''), which shall be available to the Attorney
General to the extent and in such amounts as are
provided in advance in appropriations Acts solely for
the purposes specified in paragraph (2).
``(B) If at the end of any fiscal year,
unappropriated balances in the Fund exceed $15,000,000,
the excess balances shall be transferred to the general
fund of the Treasury.
``(2) The Attorney General may use amounts appropriated to
the Fund to reimburse any appropriation or fund of the
Department of Justice or any other executive agency for
expenses incurred in conducting or providing support to debt
collection litigation, enforcing judgments, and related
activities pertaining to the collection of any debt or monies
owed to the United States Government.
``(3) Reimbursement received pursuant to paragraph (2)
shall be used solely for the purposes specified in that
paragraph under authorities available to the receiving
appropriation or fund.
``(b) Surcharge.--
``(1) Assessment of surcharge on debt.--
``(A) In any action in which the United States
prevails on its claim for a debt, and subject to
paragraph (b)(1)(B) and (b)(2), the court shall award
the United States, and the Department of Justice shall
collect and deposit, a surcharge of 10 percent of the
total amount of any judgment or settlement which is
approved by the court.
``(B) Paragraph (b)(1)(A) shall not apply if--
``(i) the United States receives an
attorney's fee in connection with the
enforcement of the claim;
``(ii) the law upon which the action or
claim is based provides any other amount to
cover such costs; or
``(iii) the judgment or settlement is for a
claim under title 26, United States Code.
``(C) Notwithstanding 31 U.S.C. 3302 or any other
statute affecting the crediting of collections, and
pursuant to section (b)(2), for fiscal year 1994 and
thereafter, surcharges collected pursuant to this
section shall be deposited in, and collect to, the
Fund.
``(2) Authority to Award and Credit of Surcharges.--The
authority of the court to award surcharges and of the
Department of Justice to collect and deposit such surcharges
pursuant to paragraph (b)(1) shall be available only to the
extent provided in advance in appropriations Acts.''.
(b) The table of sections for chapter 176 of Title 28, United
States Code, is amended by amending the item for Section 3011 to read:
``3011. Establishment of debt collection fund; assessment of surcharge
on debt.''.
SEC. 16602. CONTRACTS FOR COLLECTION SERVICES.
Subparagraph 3718(B)(1)(A) of title 31, United States Code, is
amended by striking the following: ``If the Attorney General makes a
contract for legal services to be furnished in any judicial district of
the United States under the first sentence of this paragraph, the
Attorney General shall use his best efforts to obtain, from among
attorneys regularly engaged in the private practice of law in such
district, at least four such contracts with private individuals or
firms in such district.''.
Subtitle G--Adjusting Civil Monetary Penalties for Inflation
SEC. 16701. ADJUSTING CIVIL MONETARY PENALTIES FOR INFLATION.
The Federal Civil Penalties Inflation Adjustment Act of 1990 is
amended by--
(1) amending section 4 to read as follows: ``The head of
each agency shall--
``(1) by regulation, no later than September 30, 1994, and
at least once every 4 years thereafter, adjust each civil
monetary penalty provided by law within the jurisdiction of the
Federal agency, except for any penalty under title 26, United
States Code, by the inflation adjustment described under
section 5 and publish each such adjustment in the Federal
Register; and
``(2) provide a report to the Secretary of the Treasury by
November 15 of each year on all penalties adjusted during the
preceding fiscal year.'';
(2) amending subsection 5(a) by striking ``The adjustment
described under paragraphs (4) and (5)(A) of section 4'' and
inserting ``The inflation adjustment''; and
(3) adding, after section 6, a section 7, as follows:
``Section 7. Any increase to a civil monetary penalty resulting
from this Act shall apply only to violations which occur after
the date any such increase takes effect.''.
TITLE XVII--YEAR-END SPENDING
SEC. 17001. YEAR-END SPENDING.
Section 1301 of title 31, United States Code, is amended by adding
the following new subsection at the end:
``(e) Not to exceed 50 percent of unobligated balances remaining
available at the end of one fiscal year from appropriations made
available for salaries and expenses made for that year shall remain
available through September 30 of the following fiscal year for each
account for the same purposes. Not to exceed 2 percent of the funds so
carried over may be used to pay cash awards to employees, as authorized
by law, and not to exceed 3 percent of the funds may be used for
employee training programs.''.
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