tify whether displaced entities meet these definitions. The identification of a non-profit organization is believed to be relatively simple, thereby requiring little or no additional administrative effort. The identification of a "small business", as defined by the Small Business Administration, is expected to cause a small amount of additional administrative burden. However, the Committee is informed that such status is determined annually for taxation purposes, and that each business is assigned an "industrial code" by SBA which defines a bsuiness' status as a "small business". Accordingly, the identification of small businesses is expected to require a total of no more than 20 minutes of staff time per case. Assuming that an average of 4.500 businesses per year are displaced (based on fiscal year 1980 data), and an average staff salary of ten dollars per hour, the additional compliance cost associated with the amendment would equal approximately $15,000 annually.

SECTION 204 (a)

This section is amended to require that benefits to tenants be based partly on a tenant's financial means. The means test mandated by this amendment requires that the displacing agency determine the gross monthly income of the household. Under current procedure, DOT already collects such information in all cases, while HUD does so in all but approximately 1,500 cases cach year. In addition, other agencies displace approximately 500 tenant households annually. The collection of income data will typically involve requiring the person to present a recent income tax statement. Assuming an average recording and processing time of 30 minutes per case, at an average staff salary of ten dollars per hour, and that the new procedure is applied in an additional 2,000 cases annually, the additional compliance cost associated with the amendment would be approximately $10,000 annually. The Committee notes that the procedure is designed to save between $10 and $12 million in annual relocation costs.

However, the amendment affects the privacy of the displaced tenant by requiring the disclosure of income data as a condition of receiving assistance under this section. The data would be subject to the same disclosure requirements as other information now collected under the Act.

SECTION 204 (b)

The amendment establishes that an eligible tenant may opt either to receive either a cash payment, or publicly assisted housing, provided that it is available; however, where the person opts for the cash payment, this is to be taken into account when evaluating the person's eligibility for federally funded housing programs during the next two years. While the attendant record keeping requirement may create somo additional administrative expense, it is expected to be very minimal. Displacing agencies are required under current law to keep relocation records for three years. Further, the option is expected to be offered rarely; and when it is, it is anticipated that persons will generally opt for the higher benefits associated with assisted housing. Finally, because local housing agencies are likely to be a party to any such offering, the record keeping will be primarily for "in house" use.

The additional compliance cost is expected to result mostly from the inclusion of an additional item on the relocation payment application form.

SECTION 213(d)

This amendment requires States to provide information to the head of the lead agency on a State's enforcement of and compliance with any law certified under section 210(b). While this requirement may involve the creation of substantially different reporting requirements, they are expected to be less burdensome than those currently in use. The certification process is designed to eliminate much of the detailed, project by project scrutiny that occurs when Federal agencies directly monitor displacing activities within a State; and to require uniform reporting requirements and formats so that displacing agencies do not have to comply with multiple, duplicative reporting requirements.

SECTION 210(d)

This provision requires a one time report to Congress on a plan to facilitate the speedy and equitable settlement of condemnation cases pending before the Federal courts. While the development of the plan may involve up to $100,000 in contract costs (as estimated by the Department of the Interior) the plan itself is designed to focus agency attention on possibilities to substantially reduce administrative costs. The GAO has identified approximately 20,000 cases pending before the Federal courts. Because each case results in approximately $5,000 in administrative costs, the administrative costs associated with the pending cases may exceed $100 million.

VI. ESTIMATED COST OF LEGISLATION

In compliance with paragraph 11 (a) of rule XXVI of the Standing Rules of the Senate, the Committee provided the following estimate of the cost of S. 2363, prepared by the Congressional Budget Office.

CONGRESSIONAL BUDGET OFFICE-COST ESTIMATE

1. Bill number: S. 2363.

2. Bill title: Uniform Relocation Act Amendments of 1982. 3. Bill status: As ordered reported by the Senate Committee on Governmental Affairs, June 17, 1982.

4. Bill purpose: This bill revises current standards and procedures for relocation assistance and property acquisition policies. It changes the eligibility requirements for receiving relocation assistance when a family, individual, farm, business, or non-profit organization is displaced by a federally financed activity. It also adjusts certain assistance levels, including residential and business moving assistance payments. The bill requires a lead agency to issue government-wide regulations and to develop a plan to facilitate the resolution of condemnation cases currently pending in Federal courts. It exempts states and localities from certain federal rules if the lead agency certifies that the state law satisfies the requirements of this act.

The impact of this bill on federal spending levels cannot be estimated; the cost impact could be reflected either in reduced spending or in a reallocation of resources to other activities.

6. Basis of estimate: This estimate is based on current claim levels which have been adjusted to reflect the estimated impact of the proposed changes in eligibility criteria and assistance levels. Most of the provisions of this bill will affect programs financed by the Department of Housing and Urban Development and the Department of Transportation. This estimate is based primarily on data supplied by these agencies. It has also been assumed that the number of claims will remain relatively constant in all years but that average award amounts will increase each year at a rate consistent with the CBO projection of increases in the GNP deflator.

An estimated $100,000 would be needed in 1983 for the regulatory and adjudicatory activities required of a lead agency to be designated by the President. It is assumed that no other costs or savings would be incurred prior to fiscal year 1984. The $7.3 million net savings estimated for fiscal year 1984 results from increased costs of approximately $27.6 million related primarily to moving and related expenses provided to individuals, families. businesses, farms, and non-profit organizations. Other provisions of the bill that will lead to increased costs include broadening the eligibility requirements. Offsetting savings of approximately $34.9 million will result principally from provisions eliminating the current requirement that replacement housing be comparable with the original property and changing the formula for calculating rent supplements and mortgage assistance payments. Savings will also result from provisions that allow agencies acquiring property to forego appraisals in certain circumstances. Relocation assistance payments are also required under programs operated by other federal agencies but the impact on these agencies is not expected to be significant.

7. Estimate comparison: The Office of Management and Budget (OMB) prepared a cost estimate on an earlier version of S. 2363, based on information provided by the Departments of Housing and Urban Development and Transportation. That estimate concluded that the bill will result in net savings of $4.6 to $13.4 million in the first year. This estimate is similar to the OMB estimate. Some differences are the result of OMB developing a range rather than a point estimate. The estimates also differ somewhat because the OMB estimate is based on an earlier version of the bill and it did not include estimates for all sections of the bill.

8. Previous CBO estimate: None.

9. Estimate prepared by: Judith L. Walker and Kathy Gramp. 10. Estimate approved by:

JAMES L. BLUM, Assistant Director for Budget Analysis.

VII. RECORDED VOTE IN COMMITTEE

In compliance with Section 133 of the Legislative Reorganization Act of 1916, as amended, the rollcall vote taken during Committee consideration of this legislation was as follows:

Final passage: Ordered reported 11 yeas; 0 nays.

YEAS (11)

Mr. Danforth
Mr. Cohen

Mr. Durenberger
Mr. Mattingly
Mr. Rudman
Mr. Schmitt
Mr. Chiles

Mr. Glenn
Mr. Pryor
Mr. Levin
Mr. Roth
Mr. Sasser 1
Mr. Stevens 1

Mr. Mathias 1

VIII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of Rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed in printed in Roman): UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICY ACT OF 1970

TITLE I-GENERAL PROVISIONS

SEC. 101. As used in this Act

(1) The term "Federal agency" means any department, agency, or instrumentality in the executive branch of the Government [(except the National Capital Housing Authority)], any wholly owned Government corporation [(except the District of Columbia Redevelopment Land Agency)], and the Architect of the Capitol, the Federal Reserve banks and branches thereof.

(2) The term "State" means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof.

[(3) The term "State agency" means the National Capital Housing Authority. the District of Columbia Redevelopment Land Agency, and any department, agency, or instrumentality of

1 These Senators voted by proxy in support of S. 2363. By committee rule, proxy votes are not included in recording the final talley on reporting measures but are used only to indicate the position of members on the pending question.

a State or of a political subdivision of a State, or any department, agency, or instrumentality of two or more States or of two or more political subdivisions of a State or States.]

(3) The term "State agency" means any entity which has eminent domain authority under State law.

(4) The term "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, or mortgage interest subsidy to a person, and any annual payment or capital loan to the District of Columbia.

(5) The term "person" means any individual, partnership, corporation, or association.

[(6) The term "displaced person" means any person who, on or after the effective date of this Act, moves from real property, or moves his personal property from real property, as a result of the acquisition of such real property, in whole or in part, or as the result of the written order of the acquiring agency to vacate real property, for a program or project undertaken by a Federal agency, or with Federal financial assistance; and solely for the purposes of sections 202 (a) and (b) and 205 of this title, as a result of the acquisition of or as the result of the written order of the acquiring agency to vacate other real property, on which such person conducts a business or farm operation, for such program or project.]

(6) The term "displaced person” means

(A) any person who moves from real property, moves personal property from real property, or moves a business or farm operation, as a direct result of the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency, or with Federal financial assistance:

(B) solely for the purpose of subsections (a) and (b) of section 202, and section 205, any person who moves from real property or moves personal property from real property

(i) as a direct result of acquisition, or of the written order of any displacing agency to vacate other real property, on which such person conducts a business or farm operation, for a program or proiect undertaken by a Federal agency, or with Federal financial assistance;

(ii) as a direct result of substantial rehabilitation or demolition for a program or project undertaken by a Federal agency, or with Federal financial assistance, where the person is a tenant, and where the head of the displacing agency determines that such displacement is permanent; or

(C) solely for the purpose of subsections (a) and (b) of section 202, and any other provisions of this Act which the head of the displacing agency may prescribe, any other person who is a tenant, who the head of the displacing agency determines will be permanently displaced as a direct result of a program or project undertaken by a Federal agency, or with Federal financial assistance.