[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1785 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 1785
To make various budget cuts and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 21, 1993
Mr. Knollenberg introduced the following bill; which was referred
jointly to the Committees on Public Works and Transportation, Energy
and Commerce, House Administration, Natural Resources, Banking, Finance
and Urban Affairs, Government Operations, Agriculture, Ways and Means,
Post Office and Civil Service, Education and Labor, and Appropriations
_______________________________________________________________________
A BILL
To make various budget cuts and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deficit Reduction Act of 1993''.
SEC. 2. REDUCTION IN TRAVEL BUDGETS.
The annual travel budget for each non-defense executive branch
agency (excluding the Postal Service) for fiscal year 1994 shall not
exceed an amount equal to 90 percent of the budget level available to
such agency for fiscal year 1993.
SEC. 3. ABOLITION OF THE INTERSTATE COMMERCE COMMISSION.
(a) In General.--The Interstate Commerce Commission is abolished.
(b) Transfer of Functions.--
(1) Chairman and members.--The functions, powers, and
duties of the Chairman or the members of the Interstate
Commerce Commission are transferred to and vested in the
Secretary of Transportation.
(2) Commission.--The functions, powers, and duties of the
Interstate Commerce Commission are transferred to the
Department of Transportation.
(c) Administrative Provisions.--
(1) Reorganization.--The Secretary of Transportation is
authorized to allocate or reallocate any function transferred
under subsection (b) among the officers of the Department of
Transportation, and to establish, consolidate, alter, or
discontinue such organizational entities in the Department of
Transportation as may be necessary or appropriate.
(2) Rules.--The Secretary of Transportation is authorized
to prescribe, in accordance with the provisions of chapters 5
and 6 of title 5, United States Code, such rules and
regulations as are necessary or appropriate to administer and
manage the functions of the Department of Transportation.
(3) Transfer and allocations of appropriations and
personnel.--Except as otherwise provided in this section, the
personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from, available to,
or to be made available in connection with the functions
transferred by this section, subject to section 1531 of title
31, United States Code, shall be transferred to the Department
of Transportation. Unexpended funds transferred pursuant to
this section shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(4) Incidental transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, is authorized to make such determinations as may
be necessary with regard to the functions transferred by this
section, and to make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in
connection with such functions, as may be necessary to carry
out the provisions of this section. The Director of the Office
of Management and Budget shall provide for the termination of
the affairs of all entities terminated by this section and for
such further measures and dispositions as may be necessary to
effectuate the purposes of this section.
(5) Effect on personnel.--
(A) In general.--Except as otherwise provided by
this section, the transfer pursuant to this section of
full-time personnel (except special Government
employees) and part-time personnel holding permanent
positions shall not cause any such employee to be
separated or reduced in grade or compensation for 1
year after the date of transfer of such employee under
this section.
(B) Executive schedule positions.--Except as
otherwise provided in this section, any person who, on
the day preceding the effective date of this section,
held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5,
United States Code, and who, without a break in
service, is appointed in the Department of
Transportation to a position having duties comparable
to the duties performed immediately preceding such
appointment shall continue to be compensated in such
new position at not less than the rate provided for
such previous position, for the duration of the service
of such person in such new position.
(C) Termination of certain positions.--Positions
whose incumbents are appointed by the President, by and
with the advice and consent of the Senate, the
functions of which are transferred by this section,
shall terminate on the effective date of this section.
(6) Savings provisions.--
(A) Continuing effect of legal documents.--All
orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses,
registrations, privileges, and other administrative
actions--
(i) which have been issued, made, granted,
or allowed to become effective by the
President, any Federal agency or official
thereof, or by a court of competent
jurisdiction, in the performance of functions
which are transferred under this section, and
(ii) which are in effect at the time this
section takes effect, or were final before the
effective date of this section and are to
become effective on or after the effective date
of this section,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with law by the President, the Secretary
of Transportation or other authorized official, a court
of competent jurisdiction, or by operation of law.
(B) Proceedings not affected.--The provisions of
this section shall not affect any proceedings,
including notices of proposed rulemaking, or any
application for any license, permit, certificate, or
financial assistance pending before the Interstate
Commerce Commission at the time this section takes
effect, with respect to functions transferred by this
section but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this section had
not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be
deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and
conditions and to the same extent that such proceeding
could have been discontinued or modified if this
section had not been enacted.
(C) Suits not affected.--The provisions of this
section shall not affect suits commenced before the
effective date of this section, and in all such suits,
proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as
if this section had not been enacted.
(D) Nonabatement of actions.--No suit, action, or
other proceeding commenced by or against the Interstate
Commerce Commission, or by or against any individual in
the official capacity of such individual as an officer
of the Interstate Commerce Commission, shall abate by
reason of the enactment of this section.
(E) Administrative actions relating to promulgation
of regulations.--Any administrative action relating to
the preparation or promulgation of a regulation by the
Interstate Commerce Commission relating to a function
transferred under this section may be continued by the
Department of Transportation with the same effect as if
this section had not been enacted.
(7) Transition.--The Secretary of Transportation is
authorized to utilize--
(A) the services of such officers, employees, and
other personnel of the Interstate Commerce Commission
with respect to functions transferred to the Department
of Transportation by this section; and
(B) funds appropriated to such functions for such
period of time as may reasonably be needed to
facilitate the orderly implementation of this section.
(8) References.--
(A) In general.--Reference in any other Federal
law, Executive order, rule, regulation, or delegation
of authority, or any document of or relating to--
(i) the Chairman or the Commissioners of
the Interstate Commerce Commission with regard
to functions transferred under subsection (b),
shall be deemed to refer to the Secretary of
Transportation; and
(ii) the Interstate Commerce Commission
with regard to functions transferred under
subsection (b), shall be deemed to refer to the
Department of Transportation.
(B) Positions.--Chapter 53 of title 5, United
States Code is amended--
(i) in section 5314, by striking
``Chairman, Interstate Commerce Commission.'';
and
(ii) in section 5315, by striking
``Members, Interstate Commerce Commission.''.
(9) Additional conforming amendments.--
(A) Recommended legislation.--After consultation
with the appropriate committees of the Congress and the
Director of the Office of Management and Budget, the
Secretary of Transportation shall prepare and submit to
the Congress recommended legislation containing
technical and conforming amendments to reflect the
changes made by this section.
(B) Submission to the congress.--No later than 6
months after the effective date of this section, the
Secretary of Transportation shall submit the
recommended legislation referred to under subparagraph
(A).
(11) Repealer.--Chapter 103 of title 49, United States
Code, is repealed.
(12) Effective date.--This section shall take effect 180
days after the date of enactment.
SEC. 4. REDUCTION IN LEGISLATIVE BRANCH.
The outlays for the legislative branch for fiscal year 1993 shall
not exceed an amount equal to 85 percent of the outlays for the
legislative branch for fiscal year 1993.
SEC. 5. HELIUM RESERVES.
(a) Requirement To Sell.--Subject to subsections (b) and (c), the
Secretary of the Interior shall sell to one or more joint ventures as
described in subsection (d) all right, title, and interest of the
United States in and to--
(1) the helium reserves established pursuant to the Helium
Act (50 U.S.C. 167 et seq.); and
(2) the facilities and accessories to the helium reserves.
(b) Consideration.--The Secretary of the Interior may not convey
any interest in a helium reserve pursuant to subsection (a) for less
than the fair market value of the interest conveyed, as determined by
the Secretary of the Interior.
(c) Retention for Defense Purposes.--In consultation with the
Secretary of Defense, the Secretary of the Interior shall retain such
helium reserves and facilities and accessories to helium reserves as
are necessary to provide for the defense and security of the United
States in time of war or national emergency.
(d) Joint Venture.--Participants in the joint venture referred to
in subsection (a) shall consist of--
(1) employees at the helium reserves and facilities and
accessories to helium reserves on the date of enactment of this
Act; and
(2) other persons.
SEC. 6. REDUCTION IN FEDERAL ADMINISTRATIVE AND OVERHEAD COSTS
EXCLUDING TRAVEL.
The administrative and overhead budget (excluding travel expenses)
for each non-defense executive branch agency (excluding the Postal
Service) for fiscal year 1995 shall not exceed an amount equal to 99
percent of the budget level available to such agency for fiscal year
1994.
SEC. 7. REPEAL OF DAVIS-BACON ACT.
The Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C.
276a et seq.) is repealed.
SEC. 8. ELIMINATION OF HONEY PRICE SUPPORT AND WOOL AND MOHAIR PRICE
SUPPORT PROGRAMS.
(a) Elimination of Programs.--
(1) Honey program.--Sections 207 and 405A of the
Agricultural Act of 1949 (7 U.S.C. 1446h and 1425a) are
repealed.
(2) Wool and mohair program.--The National Wool Act of 1954
(7 U.S.C. 1781 et seq.) is repealed.
(b) Conforming Amendments.--
(1) Automatic spending increases.--Section 256(a) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 906(a)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(2) Marketing orders.--Section 8c(2)(B) of the Agricultural
Adjustment Act (7 U.S.C. 608c(2)(B)), reenacted with amendments
by the Agricultural Marketing Agreement Act of 1937, is amended
by striking ``honey'' and ``wool, mohair,''.
(3) Payment limitations.--Section 1001(2) of the Food
Security Act of 1985 (7 U.S.C. 1308(2)) is amended--
(A) in subparagraph (B)(iii), by striking ``(other
than honey)''; and
(B) by striking subparagraph (C).
(4) Designated nonbasic agricultural commodities.--Section
201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is
amended by striking ``honey,''.
(5) Other nonbasic agricultural commodities.--Section 301
of the Agricultural Act of 1949 (7 U.S.C. 1447) is amended by
inserting after ``nonbasic agricultural commodity'' the
following: ``(other than honey, wool, or mohair)''.
(6) Definitions.--Section 408(k) of the Agricultural Act of
1949 (7 U.S.C. 1428(k)) is amended by striking ``honey,'' each
place it appears.
(7) Powers of commodity credit corporation.--Section 5(a)
of the Commodity Credit Corporation Charter Act (15 U.S.C.
714c(a)) is amended by inserting after ``agricultural
commodities'' the following: ``(other than honey, wool, or
mohair)''.
(c) Transition.--The amendments made by this section shall not
affect the liability of any person under any provision of law as in
effect before the application of the amendments in accordance with
subsection (d).
(d) Application of Amendments.--The amendments made by this section
shall apply beginning with the marketing year that begins after the
date of enactment of this Act.
SEC. 9. SUBSTITUTION OF RENTAL VOUCHERS FOR PUBLIC HOUSING
CONSTRUCTION.
(a) Termination of Assistance for Public Housing.--
(1) Loan authority.--After September 30, 1993, the
Secretary of Housing and Urban Development may not enter into
any new commitment to make loans under section 4 of the United
States Housing Act of 1937 to public housing agencies for the
development or acquisition of public housing projects by such
agencies.
(2) Contribution authority.--After September 30, 1993, the
date of the enactment of this Act, the Secretary of Housing and
Urban Development may not enter into any new contract to make
contributions under section 5 of the United States Housing Act
of 1937 to public housing agencies for the development or
acquisition of public housing projects by such agencies.
(3) Existing commitments.--After September 30, 1993, the
Secretary of Housing and Urban Development may make
contributions and loans for the development or acquisition of
public housing projects only pursuant to legally binding
commitments to make such loans or contracts for such
contributions entered into on or before such date and for which
amounts were appropriated before such date.
(4) Inapplicability to indian housing.--The provisions of
this subsection shall not apply to public housing developed
pursuant to a contract between the Secretary of Housing and
Urban Development and an Indian housing authority.
(b) Increase of Voucher Authority.--Any budget authority available
under section 5(c) of the United States Housing Act of 1937 for voucher
assistance under section 8(o) of such Act is authorized to be increased
on or after October 1, 1993, by the amount necessary to provide voucher
assistance under such section for the same number of families to be
provided dwelling units in public housing pursuant to amounts
appropriated for fiscal year 1993 for public housing construction.
Vouchers for rental assistance provided with the amounts made available
under this subsection may be used for the rental of dwelling units or
costs of residency, as determined by qualified voucher recipients.
(c) Definitions.--For purposes of this section, the terms ``Indian
housing authority'', ``project'', ``public housing'', and ``public
housing agency'' have the meanings given the terms in section 3(b) of
the United States Housing Act of 1937.
SEC. 10. PROHIBITION OF HUD SPECIAL PURPOSE GRANTS.
(a) In General.--Notwithstanding any other law, the Secretary of
Housing and Urban Development may not obligate or expend any budget
authority provided in any appropriation Act for projects or activities
of the Department of Housing and Urban Development not previously
authorized in law, including any budget authority provided for special
projects that are specified only in the joint explanatory statement for
the conference report accompanying the bill that was approved as such
appropriations Act. Any budget authority provided for any such project
or activity shall be considered to be rescinded immediately upon the
enactment of the Act providing such budget authority, unless the
provision of law providing such budget authority explicitly provides
that this section shall not apply.
(b) Fiscal Year 1993 Amounts.--Of the $260,000,000 available for
special projects in accordance with the terms and conditions specified
for such grants in the committee of conference report and statement of
the managers (H. Rept. 102-902) accompanying H.R. 5679, and reserved
from amounts appropriated under the heading ``Housing Programs--annual
contributions for assisted housing'' under title II of the Departments
of Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1993 (Public Law 102-389; 106 Stat. 1584),
any amounts not obligated or expended before the date of the enactment
of this Act are hereby rescinded. No amounts appropriated by such Act
may be obligated or expended for any such special project on or after
the date of the enactment of this Act.
SEC. 11. COMPETITIVE BIDDING FOR PUBLIC HOUSING MODERNIZATION
ACTIVITIES.
Section 14 of the United States Housing Act of 1937 (42 U.S.C.
1437l) is amended--
(1) in subsection (d)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) a description of the competitive bidding procedures
to be used by the public housing agency for contracts for
acquiring supplies and services using assistance provided
pursuant to subsection (b).'';
(2) in subsection (e)(1)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) by redesignating subparagraph (H) as
subparagraph (I); and
(C) by inserting after subparagraph (G) the
following new subparagraph:
``(H) a description of the competitive bidding procedures
to be used by the public housing agency for contracts for
acquiring supplies and services using assistance provided
pursuant to subsection (b).'';
(3) by striking the 2d sentence of subsection (e)(3)(A) and
inserting the following new sentence: ``A public housing agency
may expend assistance for any activities and work consistent
with the approved plan as the agency determines appropriate,
but shall comply with the competitive bidding procedures of the
agency established in accordance with the standards issued by
the Secretary under subsection (g)(2).''; and
(4) in subsection (g)--
(A) by inserting ``(1)'' after ``(g)'';
(B) by inserting ``(A)'' after ``that such
agency'';
(C) by inserting before the period at the end the
following: ``, and (B) in acquiring supplies and
services using assistance provided pursuant to
subsection (b), has established and complied with
competitive bidding procedures in accordance with the
standards issued by the Secretary under paragraph
(2)''; and
(D) by adding at the end the following new
paragraph:
``(2) Each public housing agency that receives assistance under
subsection (b) shall establish competitive bidding procedures for
expending such assistance for activities, work, supplies, and services
for the purpose under such subsection and shall expend such assistance
in accordance with the procedures. The Secretary shall issue
regulations requiring and establishing standards for such competitive
bidding procedures.''.
SEC. 12. DISCLOSURE OF TENANT INCOME FOR PURPOSES OF ADMINISTRATING
INCOME-BASED RENT SUBSIDY PROGRAMS.
Subparagraph (D) of section 6103(l)(7) of the Internal Revenue Code
of 1986 (relating to disclosure of return information) is amended by
striking ``and'' at the end of clause (vii), by striking the period at
the end of clause (viii) and inserting ``; and'' and by inserting after
clause (viii) the following new clause:
``(ix) any program of assistance for
housing administered by the Secretary of
Housing and Urban Development (I) that provides
assistance in the form of a grant, contract,
loan, loan guarantee, cooperative agreement,
interest subsidy, insurance, or direct
appropriation, and (II) under which rent
payments, with respect to all or some of the
units in the housing assisted, are limited,
restricted, or determined under law or
regulation based on the income of the occupying
families.''.
SEC. 13. REDUCTION IN GOVERNMENT CONTRIBUTIONS TO THE THRIFT SAVINGS
PLAN.
Section 8432(c) of title 5, United States Code, is amended--
(1) in paragraph (1)(A) by inserting ``one-half of'' before
``1 percent'';
(2) in paragraph (2)(B)(i) by inserting ``one-half of''
before ``such portion''; and
(3) in paragraph (2)(B)(ii) by striking ``one-half'' and
inserting ``one-fourth''.
SEC. 14. COMPETITIVE BIDDING FOR RADIO SPECTRUM.
(a) Competitive Bidding Authorized.--Section 309 of the
Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the
end the following new subsection:
``(j)(1)(A) The Commission shall use competitive bidding for
awarding all initial licenses or new construction permits, subject to
the exclusions listed in subsection (j)(2). The Commission shall
require potential bidders to file a first-stage application indicating
an intent to participate in the competitive bidding process and
containing such other information as the Commission finds necessary.
After conducting the bidding, the Commission shall require the winning
bidder to submit a second-stage application. Upon determining that such
application is acceptable for filing and that the applicant is
qualified pursuant to subsection (j)(1)(B), the Commission shall grant
a permit or license.
``(B) No construction permit or license shall be granted to an
applicant selected pursuant to subparagraph (A) unless the Commission
determines that such applicant is qualified pursuant to section 308(b)
and section 309(a) of the Communications Act, on the basis of the
information contained in the first- and second-stage applications
submitted under subparagraph (A).
``(C) Each participant in the competitive bidding process is
subject to the schedule of changes contained in section 8 of the
Communications Act (47 U.S.C. 158).
``(D) The Commission shall have the authority in awarding
construction permits or licenses under competitive bidding procedures
to (i) define the geographic and frequency limitations and technical
requirements, if any, of such permits or licenses; (ii) establish
minimum acceptable competitive bids; and (iii) establish other
appropriate conditions on such permits and licenses that will serve the
public interest.
``(E) The Commission shall, within eighteen months after the date
of enactment of this subsection, following public notice and comment
proceedings, adopt rules establishing competitive bidding procedures
under this subsection, including the method of bidding and the basis
for payment (such as flat fees, fixed or variable royalties,
combinations of flat fees and royalties, or other reasonable forms of
payment).
``(2) Competitive bidding shall not apply to--
``(A) license renewals;
``(B) the United States Government and State or local
government entities;
``(C) amateur operator services, public radio broadcast
services, public television broadcast services, public safety
services, and radio astronomy services;
``(D) private radio end-user licenses, such as Specialized
Mobile Radio Service (SMRS), maritime, and aeronautical end-
user licenses;
``(E) any license grant to a non-United States Government
licensee being moved from its current frequency assignment to a
different one by the Commission in order to implement the goals
and objectives underlying the `Emerging Telecommunications
Technologies Act of 1991';
``(F) any other service, class of services, or assignments
that the Commission determines, after conducting public comment
and notice proceedings, should be exempt from competitive
bidding because of public interest factors warranting an
exemption.
``(3) Monies received from competitive bidding pursuant to this
subsection shall be deposited in the general fund of the United States
Treasury, pursuant to the provisions enacted in appropriations acts.''.
(b) Random Selection Not To Apply When Competitive Bidding
Required.--Section 309(i)(1) of the Communications Act of 1934 (47
U.S.C. 309(i)(1)) is amended by inserting after ``selection'' the
following: ``, except in instances where competitive bidding procedures
are required under section 309(j)''.
(c) Spectrum Allocation Decisions.--Section 303 of the
Communications Act is amended to add a new subsection (v):
``(v) In making spectrum allocation decisions among services that
are subject to competitive bidding, the Commission is authorized to
consider as one factor among others taken into account in making its
determination, the relative economic values and other public interest
benefits of the proposed uses as reflected in the potential revenues
that would be collected under its competitive bidding procedures.''.
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