United States · United States Congress · 25 March 1994
Results Based Regulations Act of 1994 - Amends Federal civil service law to provide for results based regulations whose general proposal notice includes a statement of: (1) results to be achieved; (2) methods to quantify them; (3) alternative methods to achieve them; and (4) a process for waiving all or part of a regulation if an alternative is subsequently proposed which would have no less of an impact on achievement of those results.
United States · United States Congress · 24 March 1994
TABLE OF CONTENTS: Title I: Acquisition Improvement Goals Title II: Acquisition Management Policies Subtitle A: Armed Services Acquisitions Subtitle B: Civilian Agency Acquisitions Title III: Organization of the Acquisition Process Subtitle A: Armed Services Procurements Subtitle B: Civilian Agency Acquisitions Title IV: Contract Formation Subtitle A: Specifications and Standards Subtitle B: Performance-Based Contracting Title V: Performance-Based Contract Administration Title VI: Davis-Bacon Act Exemption Title VII: Miscellaneous Conforming Amendments Title VIII: Effective Date Federal Acquisition Management Improvement Act of 1994 - Title I: Acquisition Improvement Goals - Declares that it is the policy of Congress that a total of at least $22.5 billion should be achieved in Federal budget savings in Federal procurement costs by the end of FY 1999. Requires the Director of the Office of Management and Budget to report annually to the Congress on progress in implementing this policy. (Sec. 102) Amends Federal law to declare the policy of Congress that, starting January 1, 2000, the Department of Defense (DOD) should: (1) achieve, on average, 90 percent of the cost and schedule goals established for DOD research and development programs and acquisition programs; and (2) take no more than eight years on average to convert an emerging technology into initial operational capability. Directs the DOD Comptroller to evaluate the cost goals proposed for each phase of a DOD acquisition program. Requires the Joint Chiefs of Staff to approve or define performance and schedule goals for DOD acquisition programs. (Sec. 103) Declares the policy of Congress that, starting January 1, 2000, each Federal agency other than DOD should also achieve, on average, 90 percent of the cost and schedule goals established for its research and development programs and acquisition programs. Requires the chief financial officer of an executive agency to evaluate the cost goals proposed for each phase of one of its acquisition programs. Requires each agency head to approve or define performance and schedule goals for the agency's acquisition programs. Title II: Acquisition Management Policies - Subtitle A: Armed Services Acquisitions - Urges the Secretary of Defense (Secretary) to: (1) expedite implementation of certain acquisition workforce provisions of Federal law; and (2) reemphasize the importance of ensuring that the acquisition workforce is educated and trained in accordance with the standards set by such law. (Sec. 202) Directs the Secretary to: (1) review the incentives and personnel actions available for encouraging excellence in the DOD acquisition workforce; and (2) prescribe in regulations an enhanced system of incentives for the encouragement of excellence. Declares that the position of acquisition program executive officer carries the grade of brigadier general, rear admiral (lower half), major general, or rear admiral, as the Secretary deems appropriate. Authorizes the President to designate such a position as one of importance and responsibility to carry the grade of lieutenant general or vice admiral. Sets the position of acquisition program manager at the grade of colonel, brigadier general, or major general, or, in the case of the Navy, captain, rear admiral (lower half), or rear admiral, as the Secretary deems appropriate. Authorizes the Secretary to fix the civilian grade of either position at the civilian equivalent of the uniformed grade. Authorizes the Secretary to provide for the pay rate of a DOD employee in an acquisition position based on specific criteria relating the rate to the employee's contribution to the achievement of policy and performance goals. Sets a formula ceiling for such a pay rate. Authorizes the Secretary, in approving or formulating the personnel budget of a military department or Defense Agency, to consider whether increased funding is appropriate on the basis of its achievement of acquisition program schedule, performance, and cost goals. (Sec. 203) States that a person in the position of program manager or deputy program manager may not be reassigned before completion of a phase in the acquisition program cycle. Allows the Secretary, in exceptional circumstances, to waive this prohibition on reassignment with respect to a person assigned to a critical acquisition position, with the person's written agreement. Subtitle B: Civilian Agency Acquisitions - Urges each Federal agency head to ensure that the agency's acquisition workforce is trained to perform Federal acquisition functions effectively and efficiently. (Sec. 212) Requires each Federal agency head, on an expedited basis, to: (1) establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in the agency's acquisition positions; and (2) replicate within the agency, to the maximum extent practicable, DOD acquisition workforce policies and procedures. (Sec. 213) Directs each Federal agency head, for the encouragement of excellence in the agency's acquisition workforce, to provide an enhanced system of incentives relating pay to performance and considering the extent to which personnel performance contributes to the achievement of cost, schedule, and performance goals. Requires each Federal agency head to: (1) consider specifically whether the position grade of any acquisition program manager should be increased; and (2) prescribe in regulations a system of incentives for encouraging professional excellence among agency technical specialists who support acquisitions. (Sec. 214) States that this subtitle does not apply to DOD. Title III: Organization of the Acquisition Process - Subtitle A: Armed Services Procurements - Amends Federal law to revise the duties of the Under Secretary of Defense for Acquisition. Establishes in DOD a Defense Research, Development, and Acquisition Agency (DRDAA), whose Director shall conduct all DOD research, development, and acquisition activities. States that the responsibilities of a weapon acquisition program executive officer shall cover the entire life cycle of the program. Specifies the responsibilities of the DRDAA Chief of Engineering and Analysis. Declares that the Secretaries of the Army, Navy, and Air Force shall exercise authority for procurements of property and services only to the extent the Secretary of Defense determines necessary for the sustainment of the operations of the respective military department. Transfers to the Secretary of Defense all other research, development, and acquisition functions of the Secretaries of the Army, Navy, and Air Force, except those related to planning, programming, and budgeting. (Sec 302) Directs the Secretary of Defense (Secretary) to define in regulations a simplified acquisition program cycle that is results-oriented and consists of specified phases. Requires the Secretary to submit to Congress information on the objectives and plans for each phase before initial funding for the phase is made available. Requires Congress to authorize appropriations for a phase of an acquisition program in a single amount sufficient to carry out that phase. Requires the DOD acquisition program approval process to have one major decision point which shall occur for an acquisition program before it proceeds into product integration and development. Specifies the duties of the Under Secretary for Acquisition at such decision point. Subtitle B: Civilian Agency Acquisitions - Declares the policy of Congress that: (1) the purpose of Federal acquisitions of property or services is to satisfy the needs of potential users; and (2) potential users should be involved to a significant extent in acquisition initiation, planning, and execution. (Sec. 312) Requires the Inspector General of each Federal agency (or, where, necessary, agency head) to review its acquisition process and submit findings and recommendations to the Congress. (Sec. 313) Requires each Federal agency head to develop and implement a results-oriented property and services acquisition process. (Sec. 314) States that this subtitle does not apply to DOD. Title IV: Contract Formation - Subtitle A: Specifications and Standards - Amends Federal law and the Federal Property and Administrative Services Act of 1949 to state that armed services and civilian agency specifications shall be the specifications of commercial items, unless they cannot meet bona fide DOD or agency needs. Subtitle B: Performance-Based Contracting - Amends Federal law and the Federal Property and Administrative Services Act of 1949 to authorize an armed services or a civilian agency acquisition program executive officer to determine the type of contract to be used when entering one under the program. Requires use of an incentive type contract unless it would inhibit achievement of acquisition performance goals. (Sec. 412) Amends the Office of Federal Procurement Policy to require the Administrator of Federal Procurement Policy to prescribe for executive agencies guidance regarding consideration in awarding contracts of the past contract performance of offerors. Title V: Performance-Based Contract Administration - Amends Federal law and the Federal Property and Administrative Services Act of 1949 with respect to contract financing in both armed services and civilian agency acquisitions. (Sec. 501) Declares that: (1) Government financing shall be provided only to the extent necessary to ensure prompt and efficient performance and only after the availability of private financing is considered; (2) a contractor's use of funds received as contract financing and the contractor's financial condition shall be monitored; and (3) if the contractor is a small business concern, special attention shall be given to meeting the contractor's financial need. States that advance payments may be made on any of the following bases: (1) performance measured by objective, quantifiable methods; (2) accomplishment of events defined in the program management plan; or (3) other quantifiable measurers of results. Declares that the lien in favor of the United States on property contracted for is effective immediately upon the first advancement of funds without filing, notice, or any other action by the United States. (Sec. 502) Amends the Federal Property and Administrative Services Act of 1949 to apply to civilian agency acquisition progress payments the same requirements that apply to armed services acquisitions. Title VI: Davis-Bacon Act Exemption - Amends the Federal statute known as the Davis-Bacon Act to raise from $2,000 to $500,000 the threshold amount of contracts to which the prevailing wage requirements of such Act apply. Title VII: Miscellaneous Conforming Amendments - Makes conforming amendments to Federal law. Title VIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 24 March 1994
TABLE OF CONTENTS: Title I: Small Business Participation in Federal Employees Health Benefits Plans Title II: Better Access to Affordable Health Care Subtitle A: Improvements in Health Insurance Affordability for Small Employers Subtitle B: Improvements in Health Insurance for Small Employers Subtitle C: Improvements in Portability of Private Health Insurance Subtitle D: Health Care Cost Containment Title III: Health Insurance Costs for Self-Employed Federal Health Care Expansion Act of 1994 - Title I: Small Business Participation in Federal Employees Health Benefits Plans - Amends Federal civil service law to require the Office of Personnel Management (OPM) to promulgate regulations applying the Federal Employees Health Benefits Program (FEHBP) to self-employed individuals and businesses employing 100 or fewer employees, allowing required enrollee and Government contributions to be made by the State or small businesses involved or subsidized by the Secretary of Health and Human Services in any amount, or else be made in full by the self-employed or small business enrollee. (Sec. 102) Extends continued coverage under FEHBP. (Sec. 103) Requires carriers under FEHBP and the small business health insurance program above to submit periodic reports to OPM comparing costs between the programs. (Sec. 104) Requires OPM to study and report to the Congress on risk adjustment in the administration of such programs. (Sec. 105) Directs the Secretary to phase-out Medicare and Medicaid disproportionate share hospital payments to finance: (1) the grants to States for small employer health insurance group purchasing programs under title II of this Act; (2) the increase in the self-employed tax deduction for health insurance costs under title III of this Act; and (3) the premium subsidy under the small business health insurance program for low-income workers. (Sec. 106) Directs the Secretary to study and report to the Congress on nonworker and noncovered employee buy-ins for FEHBP coverage. Title II: Better Access to Affordable Health Care - Subtitle A: Improvements in Health Insurance Affordability for Small Employers - Directs the Secretary to make grants to States for small employer health insurance group purchasing programs. Authorizes appropriations. Subtitle B: Improvements in Health Insurance for Small Employers - Amends the Social Security Act to direct the Secretary to request the National Association of Insurance Commissioners (NAIC), or in their absence the Secretary, to develop specific standards to incorporate specified requirements for health insurance plans for small employers relating to: (1) guaranteed eligibility, availability, and renewability; (2) coverage based on an individual's health status or medical history; (3) restrictions on rating practices; and (4) benefit package offerings. (Sec. 221) Amends the Internal Revenue Code to impose an excise tax of 25 percent of gross premiums on the issuer of any health insurance plan to a small employer if the plan does not meet such requirements. (Sec. 231) Directs the Comptroller General to study and report to the Congress on rating requirements and benefit packages for small group health insurance. Subtitle C: Improvements in Portability of Private Health Insurance - Imposes an excise tax of $100 per day, with respect to a covered individual, on a group health plan for its failure to provide coverage for a preexisting condition, subject to stated exceptions. Subtitle D: Health Care Cost Containment - Requires the Secretary to establish a process for certifying managed care plans and utilization review programs. Sets forth certification requirements. Title III: Health Insurance Costs for Self-Employed - Amends the Internal Revenue Code to: (1) allow self-employed individuals to fully deduct their health insurance premiums; and (2) make such deduction permanent.
United States · United States Congress · 16 March 1994
TABLE OF CONTENTS: Title I: Deportation of Criminal Aliens Title II: Local Cooperation with Federal Officials and Procedures Title III: Miscellaneous Criminal Alien Control Act of 1994 - Title I: Deportation of Criminal Aliens - Amends the Immigration and Nationality Act to provide that an alien who is convicted of any felony, not just specified felonies as under current law, may be deported. (Sec. 102) Presumes conclusively that an alien convicted of a felony is deportable. Eliminates the administrative hearing process for criminal aliens not lawfully admitted for permanent residence or those with conditional permanent resident status. (Sec. 103) Permits a U.S. district court or a State court to enter a judicial order of deportation at the time of sentencing an alien. (Sec. 105) Restricts certain defenses to deportation available for certain criminal aliens. (Sec. 106) Requires the deportation of a criminal alien after the issuance of the deportation order, even if an appeal is made. Permits review of the order by such alien while outside the United States. (Sec. 107) Increases penalties for deported criminal aliens who return to the United States. (Sec. 108) Places restrictions on asylum claims for criminal aliens. (Sec. 109) Requires the Federal incarceration of an undocumented criminal alien under specified circumstances. Title II: Local Cooperation with Federal Officials and Procedures - Denies funding under the Violent Crime Control and Law Enforcement Act of 1993 to a State or local government that will not provide requested information to Federal immigration officials. Title III: Miscellaneous - Provides for the detention of undocumented criminal aliens on closed military installations.
United States · United States Congress · 16 March 1994
Expresses the sense of the Congress that the President: (1) should not have extended diplomatic recognition to the Skopje regime that insists on using the Greek name of Macedonia; and (2) should reconsider this decision and withdraw recognition and any consideration of financial assistance until such time as that regime renounces its use of the name Macedonia, removes objectionable language in the preamble and specified paragraphs of its constitution, removes symbols which imply territorial expansion such as the Star of Vergina in its flag, ceases propaganda against Greece, and adheres fully to Conference on Security and Cooperation in Europe norms and principles.
United States · United States Congress · 15 March 1994
Expresses the sense of the Senate that the President should: (1) work to achieve an enforceable agreement with U.S. allies which establishes a multilateral export control system for the proliferation of products and technologies to rogue regimes that threaten U.S. national security; and (2) persuade such allies to promote mutual security interests by preventing such regimes from obtaining militarily critical products and technologies.
United States · United States Congress · 10 March 1994
TABLE OF CONTENTS: Title I: Admission of Immigrants Title II: Admission of Refugees Title III: Asylum Reform Title IV: Criminal Aliens Title V: Financial Responsibility Title VI: Employer Sanctions Title VII: Border Security Title VIII: Alien Smuggling Title IX: Effective Date Immigration Stabilization Act of 1994 - Title I: Admission of Immigrants - Amends the Immigration and Nationality Act to reduce annual immigration ceilings. (Sec. 103) Revises immigration preference allocations. Title II: Admission of Refugees - Limits nonemergency refugee admissions in any fiscal year to 50,000. (Sec. 202) Requires congressional approval for additional emergency refugee admissions. (Sec. 203) Repeals the Cuban Adjustment Act (P.L. 94-571). Title III: Asylum Reform - Amends provisions with respect to: (1) alien inspection and exclusion by immigration officers; (2) asylum; and (3) judicial review. Title IV: Criminal Aliens - Expands the definition of "aggravated felony." (Sec. 402) Provides for the expedited deportation of certain nonpermanent resident aliens convicted of an aggravated felony. (Sec. 403) Authorizes judicial deportation for an alien convicted of a felony. (Sec. 405) Increases penalties for reentry or failure to depart. (Sec. 406) Authorizes the deportation of an alien prisoner prior to sentence completion under specified circumstances. (Sec. 407) Amends Federal criminal law to require the issuance of a judicial order of deportation in the case of an alien being sentenced for an aggravated felony. (Sec. 408) Authorizes Federal incarceration and deportation of certain State-convicted aliens. (Sec. 409) Amends Federal criminal law to increase penalties for specified visa and passport related crimes. (Sec. 410) Requires State or local law enforcement agencies to notify the district Immigration and Naturalization Service office upon the felony arrest of an alien. (Sec. 412) Authorizes the exclusion of an alien in violation of any immigration law or any Federal or State fraud law, including income tax evasion. Title V: Financial Responsibility - Authorizes the admission of an alien otherwise excludable as a public charge (as defined by this Act) if such alien has a sponsor guarantee of financial responsibility. (Sec. 503) Limits benefits, including unemployment benefits, for illegal aliens. Title VI: Employer Sanctions - Revises employer sanction provisions, including: (1) work eligibility documents; and (2) social security telephone verification. (Sec. 603) Directs the Secretary of Health and Human Services to establish a national electronic network linking State vital statistics records. Title VII: Border Security - Increases Border Patrol personnel levels. Establishes: (1) a border crossing fee; and (2) a Border Control Trust Fund. (Sec. 704) Amends the Act to establish increased penalties or a required pilot program for international carriers that bring in more than specified numbers of undocumented aliens. Title VIII: Alien Smuggling - Directs the Secretary of State to enter into cooperative foreign arrangements to prevent the unlawful entry of aliens into the United States. (Sec. 802) Directs the Secretary of Defense to instruct the Coast Guard with respect to preventing the illegal entry of aliens into the United States by sea. (Sec. 803) Amends Federal criminal law to bring specified alien related activities under the purview of the Racketeer Influenced and Corrupt Organizations (RICO) provisions. (Sec. 804) Increases alien smuggling penalties. (Sec. 805) Expands forfeiture provisions for smuggling or harboring aliens. (Sec. 806) Amends Federal criminal law to authorize wiretaps for alien smuggling investigations. Title IX: Effective Date - Sets forth the effective date for provisions of this Act.
United States · United States Congress · 2 March 1994
TABLE OF CONTENTS: Title I: Alien Smuggling Control Title II: Port of Entry Inspections Title III: Penalties for Document Fraud and Misrepresentation Title IV: Asylum Reform Title V: Illegal Immigration and Border Security Title VI: Border Crossing User Fee Title VII: Detention of Illegal Aliens Title VIII: Public Benefits Abuse Title IX: Work Authorization Verification Title X: Numerical Limitations on Admission of Aliens into the United States Title XI: Miscellaneous Provisions Comprehensive Immigration and Asylum Reform Act of 1994 - Title I: Alien Smuggling Control - Amends the Immigration and Nationality Act to: (1) increase the penalty for alien smuggling; (2) provide an additional penalty for a smuggler who subjects an alien to a substantial risk of death or bodily harm; and (3) subject any smuggler to the death penalty for causing the death of an alien. (Sec. 103) Makes it a crime to smuggle aliens for the purpose of committing crimes in the United States. (Sec. 104) Adds smuggling to RICO. (Sec. 105) Expands Immigration and Naturalization Service (INS) seizure authority to permit the seizure of any property used for smuggling or harboring aliens. (Sec. 106) Grants the INS wiretap authority for alien smuggling investigations. (Sec. 111) Expands the definition of aggravated felony for purposes of the immigration laws to include firearms violations, child pornography, RICO violations, and specified other crimes. (Sec. 112) Presumes deportable any alien convicted of an aggravated felony. Provides for the elimination of an administrative hearing for an alien convicted of an aggravated felony who is not lawfully admitted for permanent resident or is a conditional permanent residence. Eliminates other specified deportation procedures for such aliens. (Sec. 113) Permits a U.S. district court to enter a judicial order of deportation at the time of sentencing an alien. (Sec. 114) Restricts certain defenses to deportation available for certain criminal aliens. (Sec. 115) Increases criminal and civil penalties for failing to depart. Title II: Port of Entry Inspections - Makes excludable any alien who presents forged, stolen, altered, or counterfeit documents. Excepts those with a credible fear of persecution or of return to persecution who used such documents. Defines credible fear of persecution or of return to persecution. (Sec. 203) Restricts judicial review to limited habeas corpus proceedings. Title III: Penalties for Document Fraud and Misrepresentation - Increases penalties for fraud and misuse of immigration documents and government issued identification documents. (Sec. 302) Establishes civil and criminal penalties for the preparers of false documents. (Sec. 303) Makes it unlawful to present fraudulent documents before boarding a common carrier or upon arrival. Title IV: Asylum and Reform - Places limits on an asylum applicant's authority to work. (Sec. 403) Grants the Attorney General authority for two years for a program to address the asylum backlog. (Sec. 405) Precludes counting any time in deportation proceedings towards the seven consecutive years defense. Title V: Illegal Immigration and Border Security - Provides for the hiring of 125 additional INS investigators and support staff. Provides additional funding for deportation costs. Title VI: Border Crossing User Fee - Providers for the imposition of fees at ports of entry sufficient to cover the INS's costs of maintaining and operating port of entry facilities. Requires fees to be deposited in the Land Border User Fee Account. Provides for the funding of 100 additional Border Patrol agents and support personnel from the Account. Title VII: Detention of Illegal Aliens - Provides for a two year pilot program of using closed military bases for the detention of illegal aliens. Title VIII: Public Benefits Abuse - Prohibits any unlawful alien from receiving any financial benefits under any Federal program except for specified emergency health care or child nutrition programs. (Sec. 802) Attributes sponsor income to family preference aliens. Title IX: Work Authorization Verification - Provides for the development and implementation of a counterfeit-resistant system to verify work eligibility and Federally-funded public assistance benefits eligibility for all individuals within the United States. Prohibits any document which may be issued under such program from being used as a national identification card. Title X: Numerical Limitations on Admission of Aliens into the United States - Reduces worldwide immigration during FY 1995 through 1999. Limits numerically the number of refugees that may be admitted in any year, unless the Congress enacts an exception. Title XI: Miscellaneous Provisions - Provides for the availability of information for use in criminal prosecutions. Provides for communications between Federal agencies and the INS.
United States · United States Congress · 25 February 1994
National Security Budgeting and Deficit Control Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend the caps on defense and nondefense discretionary spending through FY 1998.
United States · United States Congress · 24 February 1994
Counterintelligence Improvements Act of 1994 - Amends the National Security Act of 1947 to establish requirements for access to "top secret" information (access). Entitles the President and Vice President, Members of Congress, Justices of the Supreme Court, and Article III judges to access needed for the performance of their governmental functions without regard to the other provisions of this Act. Restricts access among government employees to those who are U.S. citizens who require routine access for the performance of official governmental functions and who have been determined to be trustworthy based upon background investigations. Permits access by others only as permitted in accordance with specified regulations issued by the President which: (1) require of such individuals background investigations and consent to the examination of financial and foreign travel records, as well as the reporting of unauthorized contacts with foreign nationals; (2) provide follow-up investigations; (3) allow access by others for national security reasons; and (4) provide implementation and reporting requirements. Sets forth provisions authorizing waivers for national security reasons. Requires, as conditions of access to classified cryptographic information, that persons: (1) meet the requirements applicable to those having access to top secret information; and (2) be subject, during the period of such access, to periodic polygraph examinations limited in scope to questions of a counterintelligence nature. Amends the Right to Financial Privacy Act to permit a customer who is the subject of a personnel security investigation conducted by an authorized investigative Government agency as a condition of being granted or maintaining access to authorize nonrevocable disclosure of all financial records maintained by financial institutions to the appropriate governmental authorities for the period of the customer's access and for up to five years after such access has been terminated. (Under current law, a person may consent to access to his financial records for a period of three months.) Makes it a crime to possess espionage devices with intent to violate the espionage statutes and to sell top secret documents or materials to foreign governments, with exceptions and a defense that the information was public. Makes it a misdemeanor for a U.S. officer, employer, or contractor to knowingly remove top secret documents and retain them at an unauthorized location. Amends the Federal criminal code to: (1) grant specified U.S. courts jurisdiction to try cases involving espionage and related offenses begun or committed outside the United States; and (2) extend coverage of the special forfeiture provision (permitting the Attorney General to file suit to recover the profits of certain crimes) to additional crimes of espionage and to espionage convictions in foreign courts for misconduct that would constitute offenses under U.S. espionage laws. Permits the Government to deny retirement pay to U.S. retirees in the civil service, Foreign Service, and Central Intelligence Agency retirement and disability systems who are convicted of espionage in foreign courts which involve U.S. national defense information, subject to certification by the Attorney General as to the presence of certain procedural safeguards for such individuals. Amends the Consumer Credit Protection Act to require consumer reporting agencies, upon request, to furnish: (1) consumer reports to the FBI pursuant to a written certification by the Director of the FBI that the records are sought for an authorized foreign counterintelligence investigation and that the person to whom such reports relate is believed to be a foreign agent; and (2) identifying information respecting any consumer at the Director's request when necessary to the conduct of an authorized counterintelligence investigation. Prohibits such agencies from divulging to the consumer that the FBI has sought or obtained such information. Authorizes the Attorney General to pay rewards of up to $1 million for information leading to: (1) the arrest or conviction of any individual for committing, or conspiring or attempting to commit, espionage; or (2) the prevention or frustration of an act of espionage against the United States. Amends the Foreign Intelligence Surveillance Act of 1978 to provide a court order process, similar to that required for electronic surveillance, for physical searches for foreign intelligence purposes. Sets forth: (1) reporting requirements; (2) penalties for intentional violations of search or nondisclosure requirements; and (3) provisions for civil actions, including punitive damages, for violations with respect to an unauthorized search or the disclosure of information arising out of an unauthorized search.
United States · United States Congress · 10 February 1994
TABLE OF CONTENTS: Title I: Saving the Taxpayers Money Subtitle A: Specific Spending Cuts Subtitle B: Reducing the Size of Government Subtitle C: Eliminating Government Printing Monopoly Title II: Streamlining the Federal Bureaucracy Subtitle A: Department of Agriculture Reorganization Subtitle B: Procurement Streamlining Subtitle C: Other Streamlining Reforms Title III: Improving Government Performance and Accountability Title IV: Improving the Legislative Process Title V: Enforcement Government Downsizing, Performance, and Accountability Act of 1994 - Title I: Saving The Taxpayers Money - Subtitle A: Specific Spending Cuts - Rescinds 7.5 percent of remaining FY 1994 appropriations for the legislative branch (except the House of Representatives and the Executive Office of the President). (Sec. 1003) Amends the Legislative Reorganization Act of 1946 to limit annual cost of living adjustments (COLAs) for Members of Congress to those for other Federal employees. (Sec. 1004) Rescinds certain FY 1994 appropriations to provide for reductions in FY 1994 budgetary outlays for, and thereafter through FY 1996 sets general obligational limits on, various specified agency administrative expenses (except Department of Defense (DOD) and other specified expenses), as determined by the Director of the Office of Management and Budget (OMB). (Sec. 1005) Makes specified rescissions in current FY 1994 appropriations for: (1) the Agency for International Development's (AID) Development Assistance Fund; (2) Department of State Diplomatic and Consular Programs; and (3) salaries and expenses of the United States Information Agency (USIA) and USIA's North/South Center. (Sec. 1006) Raises the minimum threshold for application of the prevailing wage requirements of the Davis-Bacon Act from $2,000 to $100,000 for Federal or District of Columbia contracts within the geographical limits of the 48 contiguous States. Prohibits artificially splitting contracts above the $100,000 threshold into contracts smaller than $100,000 for the purpose of evading such Act. (Sec. 1007) Permits the use of funds under the Department of Labor Appropriations Act, 1994 to implement or administer certain regulations pertaining to utilization of helpers on Federal construction projects subject to the Davis-Bacon Act. (Sec. 1008) Amends the National Foundation on the Arts and the Humanities Act of 1965 to phase-in through FY 1998 a ten percent reduction in Federal funding for the National Endowments for the Arts and the Humanities. Requires a phase-in of eight percent funding reductions for the Smithsonian Institution, the National Gallery of Art, and Corporation for Public Broadcasting. (Sec. 1009) Places a one-year moratorium on construction of new Federal buildings and agency leasing of building space, except construction of buildings primarily used for education, and certain pending projects. Rescinds a specified amount of FY 1994 obligational authority from the Federal Buildings Fund for new construction and acquisitions. (Sec. 1010) Makes specified rescissions of FY 1994 funding for: (1) the Appalachian Regional Commission; (2) the Legal Services Corporation; (3) community development block grant programs; (4) the Tennessee Valley Authority; (5) public housing; (6) the Economic Development Administration; (7) the International Developmental Association (IDA); (8) the International Bank for Reconstruction and Development; and (9) United Nations (UN) peacekeeping. (Sec. 1012) Amends the Housing and Community Development Act of 1974 to reauthorize at slightly increased levels and extend through FY 1998 the community development grant program for States, local governments, and Indian tribes. (Sec. 1014) Replaces programs providing Federal assistance for the construction of new non-Indian-related public housing with a tenant-based voucher assistance program. (Sec. 1016) Expands the program which assists Federal employees permanently disabled on the job in order to help them find new employment. Authorizes the Secretary of Labor to expand the Federal Employees' Compensation Act Periodic Roll Management Projects to all offices of the Department of Labor's Office of Workers' Compensation Program. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 to impose limitations on the availability of funding for the IDA in FY 1994 and 1995. (Sec. 1018) Amends the National Energy Conservation Policy Act to allow the use of any cogeneration process for other than federally owned buildings or other federally owned facilities when entering into contracts for achieving energy savings at Federal agencies. (Sec. 1019) Amends the National Housing Act to revise mortgage refinancing provisions to authorize the Secretary of the Department of Housing and Urban Development (HUD) to use amounts recaptured under such provisions for the refinancing incentives and costs payments authorized under them. Subtitle B: Reducing the Size of Government - Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy, in accordance with specified purchase agreements, to sell: (1) the Snettisham Hydroelectric Project to Alaska; and (2) the Eklutna Hydroelectric Project to the Anchorage Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Sec. 1101) Directs the Secretary to: (1) close out the Alaska Power Administration; (2) report to the Congress on the sales; and (3) return to the Treasury unused balances of funds appropriated for the Alaska Power Administration. Repeals specified Federal law concerning water resources investigations in Alaska by the Secretary of the Interior. (Sec. 1102) Rescinds a specified amount of funds available for the National Oceanic and Atmospheric Administration fleet for research. (Sec. 1103) Directs the Secretary of Veterans Affairs to phase-out and close certain Department of Veterans Affairs supply depots in New Jersey, Illinois, and California and transfer funding back to the Treasury. (Sec. 1104) Repeals the State Justice Institute Act of 1984, thereby terminating the State Justice Institute. Rescinds half the FY 1994 appropriations for salaries and expenses of the State Justice Institute. (Sec. 1105) Eliminates the National Small Business Tree Planting Program. (Sec. 1106) Amends Federal law to: (1) permit DOD to contract for certain non-core functions such as data processing, billing, and payroll; (2) authorize appropriations out of a special fund credited with a portion of the delinquent debts collected in order to improve debt collection activities; (3) allow the U.S. Customs Service to utilize private debt collection companies; (4) subject the Internal Revenue Service, the Social Security Administration, and the U.S. Customs Service to statutorily prescribed debt collection reporting requirements; and (5) repeal requirements pertaining to Department of Justice contracting for private legal services in connection with indebtedness cases. Subtitle C: Eliminating Government Printing Monopoly - Government Information Dissemination and Printing Improvement Act of 1994 - Transfers the position of Superintendent of Documents (SD) and all its functions to the Library of Congress, to be carried out by an official of the same title under the direction of the Librarian of Congress. (Sec. 1202) Revokes all existing authorized printing plant charters. (Sec. 1203) Requires all Government publications to be available for use throughout the Government. (Sec. 1204) Requires each department, agency, and other entity of the Government to: (1) establish a comprehensive inventory of its publications; (2) make it available via the electronic directory; and (3) furnish its publications to the SD. (Sec. 1205) Imposes additional specified responsibilities on the: (1) Public Printer with respect to the executive and judicial branches; and (2) SD with respect to dissemination of Government publications. (Sec. 1206) Requires the head of a Government department, agency, or entity to furnish any of its publications to the SD. (Sec. 1207) Requires the SD to make Government publications available to designated depository libraries and State libraries. Title II: Streamlining The Federal Bureaucracy - Subtitle A: Department of Agriculture Reorganization - Directs the Secretary of Agriculture to: (1) consolidate field, regional, and national offices within the Department of Agriculture; and (2) reduce personnel in order to achieve a specified expenditure reduction by FY 2000. Subtitle B: Procurement Streamlining - Replaces armed forces provisions giving preference to nondevelopmental items in supply procurements with provisions for the acquisition of commercial items (property regularly used by the general public or non-governmental entities for non-governmental purposes) in equipment or supply procurements. Authorizes the Secretary of Defense to develop and acquire non-commercial equipment or supplies only if no commercial items are available. Makes cost accounting standards under the Office of Federal Procurement Policy Act (OFPPA) inapplicable to acquisitions of commercial items. (Sec. 2052) Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make similar changes with respect to civilian agency acquisitions. (Sec. 2061) Amends OFPPA to raise the small purchase threshold (renamed the simplified acquisition threshold (SAT)) to $100,000. Makes the same change with regard to armed services acquisitions, except with regard to the contingency operation exception for certain contracts and purchases. Extends the new threshold under OFPPA to FPASA. (Sec. 2066) Requires simplified procedures under the Federal Acquisition Regulation (FAR) for SAT acquisitions. (Sec. 2068) Amends OFPPA and the Small Business Act to: (1) repeal references to "the small purchase threshold" and continue existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. (Sec. 2071) Exempts: (1) subject agency (National Aeronautics and Space Administration, Coast Guard, DOD, and respective military departments) contracts below SAT from contingent fee certifications, prohibitions on limiting subcontractor direct sales and doing business with certain contractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements with regard to subcontractor direct sales; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from the Miller Act (MA), the Contract Work Hours and Safety Standards Act, Service Contract Act of 1965, and Drug-Free Workplace Act of 1988, requirements regarding certain disabled veterans, and specified requirements under the Rehabilitation Act of 1973, Buy American Act, and Davis-Bacon Act. Requires the FAR to provide various alternative payment protections, including payment bonds, for suppliers of labor and materials on certain contracts under MA. (Sec. 2081) Requires the Federal Acquisition Regulatory Council to review the FAR to identify and amend regulations applicable to acquisitions below SAT. Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle C: Other Streamlining Reforms - Amends the Copeland Act to require employers on contracts covered by the Davis-Bacon Act to certify compliance with applicable labor law standards at least once monthly, instead of weekly, to the Department of Labor. (Sec. 2102) Consolidates into the Block Grants to States for Social Services program under title XX of the Social Security Act (SSA) various social services programs under the Community Services Block Grant Act, the Child Care and Development Block Grant Act of 1990, titles III (Grants for State and Community Programs on Aging) and VII (Nutrition Program for the Elderly) of the Older Americans Act of 1965, the State Dependent Care Development Grants Act, and the SSA title IV part A (Aid to Families With Dependent Children) program for at-risk children. (Sec. 2103) Amends SSA title XVIII (Medicare) to revise the contractor system under Medicare, including eliminating the Railroad Retirement Board's authority to contract for processing the Medicare claims of railroad retirees, in order to provide for increased flexibility in contracting for Medicare claims processing. (Sec. 2104) Amends SSA title II (Old Age, Survivors and Disability Insurance) to restructure the current program for death information exchange: (1) to use, for example, a Federal Clearinghouse on Death Information as the vehicle for all such exchanges; and (2) in the case of individuals with respect to whom federally funded benefits are provided by (or through) a Federal or State agency other than under SSA, to require such agency to pay a set fee to cover all costs connected with the provision of such information for them. Ends the exemption from Internal Revenue Code requirements for Social Security Administration sharing of State collected death information with Federal, State, and local agencies granted to two States under the Omnibus Budget Reconciliation Act of 1993. (Sec. 2105) Amends SSA title II to earmark specified levels of administrative funding for continuing disability reviews of disabled beneficiaries. (Sec. 2106) Amends SSA title XI to authorize the Secretary of Veterans Affairs (VA) to use the Medicare and Medicaid Coverage Data Bank (renamed the Health Care Coverage Data Bank) to determine whether veterans receiving VA health care benefits have private insurance. (Sec. 2107) Amends the Housing and Community Development Amendments of 1978 to revise requirements for the management and disposition of Department of Housing and Urban Development (HUD)-held multifamily properties and mortgages. Title III: Improving Government Performance and Accountability - Requires that all authorization and appropriation legislation contain performance goals for any programs they fund. Provides for waivers from such requirement under certain conditions. (Sec. 3002) Amends Federal civil service law to: (1) link Federal within-grade pay increases to job performance; (2) provide for the modification of reduction-in-force (RIF) regulations to give an employee's efficiency or performance rating greater weight than tenure of employment and length of service during a RIF. (Sec. 3003) Requires the Federal Accounting Standards Advisory Board to recommend comprehensive and uniform Federal accounting and financial standards to the Congress and the President. (Sec. 3005) Revises current law regarding annual agency financial statements and agency audits, with changes requiring audited statements covering all accounts and associated activities of each office, bureau, and activity of the concerned agency. (Sec. 3006) Amends the Federal Employees' Compensation Act (FECA) to: (1) make it a felony to lie on FECA benefit applications; (2) bar from FECA program participation those individuals convicted of defrauding it; and (3) generally cut off FECA benefits to individuals in correctional facilities who have been convicted of a felony. (Sec. 3007) Allows Federal agencies to reduce employees or positions below mandated personnel levels. Title IV: Improving the Legislative Process - Amends the Congressional Budget and Impoundment Control Act of 1974 to require that each line-item in an appropriations bill and each tax expenditure in a revenue bill be enrolled as a separate bill to be presented to the President (effectively giving the President line-item veto authority over such measures while ensuring that the override provisions of the U.S. Constitution apply). (Sec. 4002) Amends rule XVI of the Standing Rules of the Senate to allow a point of order against reception or consideration of any appropriations bill or amendment containing a provision that has not been previously authorized by law within the preceding five years. (Sec. 4003) Amends the Congressional Budget Act of 1974 to make congressional consideration of emergency legislation subject to the same budgetary points of order and super-majority waiver requirements as other legislation. Title V: Enforcement - Provides that none of the changes in direct spending and receipts resulting from this Act shall be reflected in OMB estimates under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Directs the Director of OMB, upon enactment of this Act, to make specified downward adjustments in discretionary spending limits under the Congressional Budget Act of 1974 for FY 1994 through 1999. Makes specified reductions in budget outlays and authority for the House and Senate Committees on Appropriations under the Congressional Budget Act of 1974. Authorizes and directs each Committee on Appropriations to adjust its suballocations among its subcommittees for FY 1994 to reflect the lower allocations provided above. Amends the Congressional Budget Act of 1974 and the Gramm-Rudman-Hollings Act to provide for the establishment of a defense firewall through FY 1998.
United States · United States Congress · 7 February 1994
Expresses the sense of the Congress that a postage stamp should be issued to honor the 100th anniversary of the Jewish War Veterans of the United States and that the Citizens' Stamp Advisory Committee of the U.S. Postal Service should make such recommendation to the Postmaster General.
United States · United States Congress · 19 November 1993
National Maritime Heritage Act of 1993 - Declares that it shall be the policy of the Federal Government, in partnership with State and local governments and private organizations and individuals, to support and encourage Federal, State, and local governmental and private conservation of historic maritime resources. Creates the National Maritime Trust to receive, preserve, and administer donations of real property and objects significant in American maritime history and culture and accept, hold, and administer gifts to carry out a maritime preservation and education program. Establishes the National Maritime Heritage Grants Program to foster a greater awareness and appreciation of the role of maritime endeavors in our nation's history and culture. Authorizes the Secretary of the Interior to make a cooperative agreement with the Trust for assistance in administration of the Program. Provides for a matching grants-in-aid program to carry out this Act. Authorizes the Secretary, to administer a program of direct grants for the preservation of maritime resources, including direct preservation, demonstration projects, training, and educational programs. Authorizes conveyance to the Trust, without consideration, of each vessel in the National Defense Reserve Fleet that has no usefulness to the Government and is scheduled to be scrapped. Requires the Trust to sell: (1) the vessels for scrap and use the proceeds for the purposes of this Act; and (2) sufficient vessels to derive a minimum annual dollar amount. Declares that amounts available to, or used by, the Trust under these provisions shall not be considered in any determination of amounts available to the Department of the Interior. Establishes the Maritime Heritage Grants Committee to perform certain duties, including overseeing the grants program and reviewing grant proposals. Requires the Committee to determine whether any projects exist that meet specified criteria regarding receiving a grant prior to issuance of implementing regulations. Provides for disbursal of scrapped vessel funds to approved projects. Mandates an annual audit of Trust accounts by independent accountants and authorizes annual audits by the General Accounting Office.
United States · United States Congress · 19 November 1993
Expresses the sense of the Senate that: (1) obstetrician-gynecologists should be included as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include primary care services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 4 November 1993
Anti-Economic Discrimination Act of 1993 - Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary Arab boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice. Authorizes the President to waive such prohibition for one year if the waiver is: (1) in the national interest and will promote objectives to eliminate the Arab boycott; or (2) in the national security interest. Provides for extensions of waivers upon notification of the appropriate congressional committees.
United States · United States Congress · 29 October 1993
Expresses the sense of the Congress that the United States should: (1) as part of the Uruguay Round multilateral trade negotiations, negotiate tariffication of Canada's chicken supply management system and the elimination of processed chicken from Canada's Import Control List; (2) insist under the tariffication that the amount of chicken determined to be within quota be based on the total amount of chicken imported into Canada in 1993 through both global and supplemental import quotas; (3) seek the elimination or, at the minimum, phase-out of new duties imposed by Canada on chicken imports in accordance with the United States-Canada Free Trade Agreement; and (4) oppose any Canadian activity which results in lost sales for U.S. chicken exporters and restricts U.S. access to Canadian markets.
United States · United States Congress · 28 October 1993
TABLE OF CONTENTS: Title I: Reorganization and Reform of the Defense Acquisition System Subtitle A: Streamlining and Improvement of Acquisition Management Subtitle B: Transfer of Functions Title II: Acquisition Management Policies Title III: Contract Formation and Administration Subtitle A: Performance Based Contracting Subtitle B: Efficient Contracting Process Subtitle C: Procurement Protests Subtitle D: Other Matters Title IV: Conforming Amendments Title V: Effective Dates Department of Defense Acquisition Management Reform Act of 1993 - Title I: Reorganization and Reform of the Defense Acquisition System - Subtitle A: Streamlining and Improvement of Acquisition Management - Revises the duties of the Under Secretary of Defense for Acquisition to include planning, programming, overseeing, prescribing policies for, and assisting in the preparation and integration of budgets for research, development, and acquisition policies of the Department of Defense (DOD). (Sec. 101) Establishes in DOD a Defense Research, Development, and Acquisition Agency (Agency). Requires the Agency Director to conduct all research, development, and acquisition (RDA) activities of DOD. Specifies current Under Secretary activities to be performed by the Agency. Requires the Director to select and evaluate acquisition program executive officers and managers. Requires the Agency's Chief of Engineering and Analysis to ensure that each DOD acquisition functional analytical capacity is the most advanced of its type. Requires the Secretaries of the Army, Navy, and Air Force to be responsible for the procurement of property and services within their departments and authorizes each to conduct such procurements only to the extent that the Secretary of Defense determines necessary to sustain their individual operations. (Sec. 102) Directs the Secretary to provide a simplified acquisition program cycle that is results oriented and follows specified phases, with phase funding provided. Requires the DOD acquisition program approval process to include one major decision point which shall occur before a program proceeds into product integration and development. (Sec. 103) Directs the Chairman of the Joint Chiefs of Staff to make recommendations to the Under Secretary regarding the desirability of joint development with foreign countries of proposed defense programs. Subtitle B: Transfer of Functions - Transfers to the: (1) Secretary all RDA functions of the Secretaries of the military departments; and (2) Agency specified defense procurement agencies, commands, and offices. Title II: Acquisition Management Policies - Provides as a DOD acquisition policy goal that, on and after January 1, 2000: (1) DOD should achieve, on average, 90 percent of the cost and schedule goals established for the RDA programs; and (2) the average time for converting an emerging technology into initial operational capability should not exceed eight years. Outlines procedures for the implementation of such goals. Urges the Secretary to expedite the implementation of specified Federal provisions relating to the defense acquisition workforce and requires the Secretary to review and enhance the incentives available for encouraging workforce excellence. Specifies the grades to be carried by acquisition program executive officers and managers. Authorizes the Secretary to base the pay rate of an acquisition employee on the employee's contribution to policy goals. Limits, with an exception for critical positions, the reassignment authority for program and deputy program managers. Title III: Contract Formation and Administration - Subtitle A: Performance Based Contracting - Requires the acquisition program executive officer to use an incentive type contract unless it would inhibit the achievement of acquisition performance goals. (Sec. 303) Authorizes the Secretary to establish a contractor certification system for property and services procured by DOD on a repetitive basis, providing for the termination of such certification due to poor quality of contractor performance. Requires the maintenance of a contractor performance data base. Subtitle B: Efficient Contracting Process - Provides simplified contracting and acquisition procedures for contracts not exceeding $100,000, allowing small business contracts to utilize such procedures if there are at least two small businesses competing. Requires certain notification of such procurement contracts not exceeding such amount. (Sec. 313) Allows the Secretary to develop and acquire noncommercial or nondevelopmental items only if no such items are available to meet requirements. Authorizes the Secretary to use flexible acquisition procedures to acquire commercial and nondevelopmental items. Makes cost accounting standards of the Office of Federal Procurement Policy Act inapplicable to the acquisition of commercial and nondevelopmental items. Requires the Secretary to use innovative procedures, techniques, and strategies in DOD acquisition programs. (Sec. 316) Expresses the sense of the Congress that the Defense Logistics Agency should be commended for its use of process-oriented contract administration services. Subtitle C: Procurement Protests - Provides for the debriefing by a defense agency employee of an unsuccessful offeror on a defense contract awarded by the agency on the basis of competitive proposals, as long as a written request for such debriefing is received within seven days after the contract award. Authorizes the Comptroller General, with respect to a contract solicitation or proposed award, to: (1) recommend that a Federal agency recompete a contract immediately; or (2) declare an appropriate party eligible for damages and costs for protest filing and bid and proposal preparation. Subtitle D: Other Matters - Directs the Administrator for Federal Procurement Policy to submit to the Congress proposed legislation concerning the unification of procurement laws applicable to DOD, the Coast Guard, and the National Aeronautics and Space Administration with those applicable to the other Federal agencies and departments. Title IV: Conforming Amendments - Repeals specified Federal provisions concerning the general authorities and responsibilities of the defense acquisition workforce. Makes conforming amendments with respect to the transfer of certain RDA functions made earlier under this Act. Title V: Effective Dates - Sets forth effective dates.
United States · United States Congress · 26 October 1993
TABLE OF CONTENTS: Title I: Contract Formation Subtitle A: Competition Statutes Subtitle B: Truth in Negotiations Subtitle C: Research and Development Subtitle D: Procurement Protests Subtitle E: Definitions and Other Matters Title II: Contract Administration Subtitle A: Contract Payment Subtitle B: Cost Principles Subtitle C: Audit and Access to Records Subtitle D: Cost Accounting Standards Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality Subtitle F: Claims and Disputes Title III: Service Specific and Major Systems Statutes Subtitle A: Major Systems Statutes Subtitle B: Testing Statutes Subtitle C: Service Specific Laws Subtitle D: Department of Defense Commercial and Industrial Activities Subtitle E: Fuel- and Energy-Related Laws Subtitle F: Fiscal Statutes Subtitle G: Miscellaneous Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws Subtitle A: Simplified Acquisition Threshold Subtitle B: Socioeconomic and Small Business Laws Subtitle C: Miscellaneous Acquisition Laws Title V: Intellectual Property Subtitle A: Technology Transfer Subtitle B: Government Use of Private Patents, Copyrights, and Trade Secrets Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Effective Date Federal Acquisition Streamlining Act of 1993 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part 1: Armed Services Acquisitions - Amends the Competition in Contracting Act of 1984 (CICA) and other Federal procurement law with respect to subject agency (National Aeronautics and Space Administration, Coast Guard, Department of Defense (DOD), and respective military departments) procurement to revise: (1) competition requirements, with changes prohibiting purchase or contract class considerations by subject agencies in determining whether the exclusion of a particular source of covered items from competition in procurements to establish alternative sources of supply will result in reduced costs and increased competition or be in the interest of national defense; and (2) solicitation requirements, with changes requiring the head of a subject agency to include cost or price as a factor to be considered in evaluating competitive proposals and disclose certain information to offerors on the importance of other evaluation factors in relation to cost and price. (Sec. 1003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. Substitutes for approval of contracts between $1 million and $10 million, "head of the contracting activity" for "head of the procuring activity." (Sec. 1005) Repeals: (1) expiring authority for the Secretary of Defense (Secretary) to enter into master agreements and issue task orders and adds new authority for the head of a subject agency to enter into task and delivery order contracts; and (2) requirements for prior determination with respect to cost or incentive type contract use and for annual reports by DOD advocates for competition. (Sec. 1012) Relocates provisions concerning evaluation of purchase options and consolidates others for encouragement of competition and cost savings. (Sec. 1013) Requires: (1) notice to all offerors not awarded a contract within three days of the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within seven days after a competitive award; and (3) the head of the contracting activity, upon the request of an offeror, to establish, in protests to the Comptroller General (CG), a protest file affording the offeror reasonable access. (Sec. 1016) Authorizes the head of a subject agency to take certain actions, such as issuing a new solicitation or terminating the contract, if, in connection with a protest, a solicitation, proposed award, or award does not comply with the law. Part II: Civilian Agency Acquisitions - Amends the Federal Property and Administrative Services Act of 1949 (FPASA) to make changes similar to those above with respect to civilian agencies. Part III: Acquisitions Generally - Repeals congressional reporting requirements on executive agency contract competition. Subtitle B: Truth in Negotiations - Part I: Armed Services Acquisitions - Amends provisions commonly referred to as the Truth in Negotiations Act (TINA) to revise cost or pricing data requirements to: (1) repeal the sunset date for the requirement that offerors submit cost or pricing data for prime contracts above the $500,000 threshold (thus making it permanent); and (2) make changes in exceptions to data submission requirements. (Sec. 1203) Requires a written determination to be made by the head of the subject agency before requiring the submission of cost or pricing data in cases where the acquisition is below the TINA threshold or one of the TINA exceptions applies. (Sec. 1204) Creates a new exception to the submission requirement for commercial item cost or pricing data that applies where competion is not practicable and the contracting officer obtains adequate data for evaluating the reasonableness of the contract price. (Sec. 1206) Provides for: (1) regulations concerning the types of information that must be submitted for the contracting officer to consider in determining price reasonableness when cost or pricing data are not required because the acquisition is not expected to exceed the $500,000 threshold; and (2) consistent time references with respect to when an agreement on the price of a prime contract is effective for purposes related to contract price reductions because of defective data. (Sec. 1208) Defines "subcontract" to include transfers of commercial items within a company to tie in with the new definition of commercial item under OFPPA added by title VIII of this Act. Part II: Civilian Agency Aquisitions - Amends FPASA to replace requirements governing submission of cost or pricing data and commercial pricing for supplies with requirements nearly identical to those under TINA (and the changes made above by this subtitle to TINA) governing submission of such data. Subtitle C: Research and Development - Revises research and development (R&D) authority of DOD and the military departments, repealing specified R&D milestone requirements with respect to certain defense research activities. (Sec. 1302) Consolidates the R&D authority of DOD and the military Subtitle D: Procurement Protests - Part I: Protests to the Comptroller General - Modifies CICA's procurement protest system, with various changes: (1) adding a new definition of "protest"; (2) establishing new time frames for certain actions by the CG and others with respect to protests; (3) allowing the CG, in protests, to recommend agency payment of interested party consultant and expert witness fees, in addition to attorneys' fees currently required; (4) requiring subject agencies to pay recommended amounts, limited (except with respect to small businesses) to appropriate rates under the Equal Access to Justice Act, or else report to the CG the reasons for failing to make such payment;(5) directing the CG to report to the Congress on agency implementation of CG recommendations; and (6) authorizing the CG to prescribe procedures for time frame calculations and electronic filings and dissemination under the system. Part II: Protests in the Federal Courts - Amends CICA and the Federal judicial code (FJC) to give the U.S. Court of Federal Claims Court) jurisdiction over protests. Part III: Protests in Procurements of Automatic Data Processing - Amends FPASA to: (1) authorize the Administrator of the General Services Administration (GSA) to revoke a delegation of procurement authority after a contract is awarded whenthe award is connected with a violation of law; (2) require GSA's board of contract appeals (bard) to review, upon an interested party's request, any decision by a contracting officer alleged to have violated the law or the conditions of a delegated authority; and (3) change the time frames for final board decisions on protests and hearings for suspending procurement authority. (Sec. 1434) Authorizes dismissal of protests brought in bad faith and board ordered payment of additional specified administrative fees, as limited above under part I, to prevailing parties. (Sec. 1436) Requires public disclosuure of any settlement agreement providing for dismissal of a protest and involving an expenditure of appropriated funds. Requires agencies to make settlement payments from the judgment fund. (Sec. 1437) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 1438) Requires the board to adopt and issue appropriate rules and procedures for time frame calculations, electronic filings and disseminations, and sanctions for frivolous or bad faith protests or willful abuses of the board's process. (Sec. 1439) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." (Sec. 1440) Requires the GSA Administrator to collect and compile data on procurement of automatic data processing equipment. Subtitle E: Definitions and Other Matters - Part I: Armed Services Acquisitions - Revises subject agency procurement law: (1) definitions, adding new terms such as "commercial item," "nondevelopmental item," and "simplified acquisition threshold" with cross references to the Office of Federal Procurement Policy Act (OFPPA); and (2) provisions on decisions, while retaining requirements on the form and retention of findings. (Sec. 1502) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 1504) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 1505) Repeals DOD provisions on: (1) production special tooling and production special test equipment; and (2) independent price determination in certain contract solicitations. (Sec. 1506) Gives the Secretary of Defense authority to prescribe regulations on contract bids for a military department. Part II: Civilian Agency Acquisitions - Adds the new terms specified under part I above to FPASA's definitions with cross references to OFPPA. (Sec. 1552) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 1554) Limits the use of undefinitized contractual actions by civilian agencies. (Sec. 1555) Repeals provisions on Internal Revenue Service procurement of expert and attorney services. Title II: Contract Administration - Subtitle A: Contract Payment - Part I: Armed Services Acquisitions - Reorganizes contract financing provisions for subject agencies, consolidating and eliminating those with regard to certain navy contracts which are redundant and obsolete, adding specific policy for contract financing, and revising conditions for progress payments. (Sec. 2002) Repeals DOD vouchering requirements. Part II: Civilian Agency Acquisitions - Makes similar organizational changes with respect to contract financing for executive agencies, adding provisions mirroring those for the military departments which concern action in case of fraud. Subtitle B: Cost Principles - Part I: Armed Services Acquisitions - Amends provisions on allowable contractor costs to: (1) revise congressional reporting requirements with regard to CG's evaluation of DOD's efforts under such provisions to guard against unallowable costs under defense contracts; and (2) raise the threshold for coverage under such provisions to $500,000. (Sec. 2102) Eliminates profit controls on defense contracts during periods of national emergencies. Part II: Civilian Agency Acquisitions - Amends FPASA to replace provisions for executive agencies on allowable contractor costs with provisions nearly identical to those for DOD amended in part I above (and the changes made by such amendments). Part III - Acquisitions Generally - Repeals OFPPA provisions on Government contractor travel expenses. Subtitle C: Audit and Access to Records - Part I: Armed Services Acquisitions - Consolidates and revises authority for subject agency examination of contractor records. Part II: Civilian Agency Acquisitions - Relocates and revises provisions under FPASA for executive agency examination of contractor records, replacing them with provisions nearly identical to those in part I above for subject agencies. Subtitle D: Cost Accounting Standards - Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 2402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. (Sec. 2403) Repeals army and air force procurement provisions regarding the delivery of subsistence supplies. Part II: Acquisitions Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 2452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Repeals DOD contract claim certification requirements already slated for repeal under the National Defense Authorization Act for Fiscal Year 1993. (Sec. 2501) Restricts future payment under law of subject agency contract claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims to be submitted for resolution within six years after the event giving rise to the claim; (2) raise thresholds for contracting officer certifications, decisions, and notifications; (3) raise the maximum amount for the small claims procedure; (4) reduce the period for filing claim actions in Claims Court; and (5) provide that claims include certain requests, including those for equitable adjustments to contract terms. Title III: Service Specific and Major System Statutes- Subtitle A: Major Systems Statutes - Modifies requirements with regard to major defense acquisition programs for: (1) independent cost and manpower estimates; and (2) program baseline descriptions and deviation reporting. (Sec. 3003) Repeals the mandate for: (1) Defense Enterprise Programs; and (2) competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Repeals testing requirements for wheeled or tracked vehicles. (Sec. 3012) Substitutes vulnerability testing requirements for survivability and lethality testing. Authorizes less-than-full-up testing for high-value systems. (Sec. 3013) Authorizes the Secretary to provide for alternative operational testing and evaluation of major programs under certain conditions. (Sec. 3014) Creates a new exception to low-rate initial production requirements for strategic defense missiles. Subtitle C: Service Specific Laws - Consolidates and revises provisions on: (1) DOD and military department mobilization of industry in time of war, procurement for experimental purposes, and acceptance of gratuitous services of reserve officers; (2) availability of DOD and military department materials, information, and services for R&D and testing purposes; (3) the civil reserve air fleet, adding provisions regarding the use of military installations by fleet contractors; and (4) naval vessel fitness and salvage operations. (Sec. 3024) Repeals: (1) duplicative general army and air force (A&A) procurement authority, and authority for production equipment procurement as well; (2) obsolete delegation authority with regard to army rations procurement, and authority for A&A to purchase certain subsistence supplies, obtain assistance from mapping agencies, and reclaim unserviceable ammunition; and (3) various authority and requirements with respect to navy vessels, obsolete navy provisions on guided missiles, and authority for the Secretary of the Navy to provide contractors with relief from losses caused by enemy action and to sell degassing equipment. (Sec. 3034) Authorizes the international exchange of scientific personnel. Subtitle D: Department of Defense Commercial and Industrial Activities - Consolidates and revises authority for having supplies needed by DOD or the military departments made in U.S.-owned factories and arsenals. (Sec. 3052) Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Consolidates and revises provisions on contracts for storage, handling, and distribution of liquid fuels, including natural gas under the coverage of such provisions, among other changes. (Sec. 3062) Modifies provisions on DOD acquisition of petroleum, including natural gas under the coverage of such provisions, broadening the Secretary's exchange authority, and adding sales authority. Subtitle F: Fiscal Statutes - Gives DOD the authority to designate disbursing officers within DOD. Subtitle G: Miscellaneous - Amends obligation of funds provisions on production, warehousing, and distribution of supplies, removing certain restrictions. (Sec. 3082) Repeals provisions on aviation encouragement, product evaluation, and milk procurement. (Sec. 3085) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. Title IV: Simplified Acquisition Threshold and Socioeconomic, Small Business, and Miscellaneous Laws - Subtitle A: Simplified Acquisition Threshold - Part I: Establishment of Threshold - Amends OFPPA to establish a new simplified acquisition threshold (SAT) of $100,000, replacing the current small purchase threshold, for use also under the Small Business Act (SBA). Part II: Simplification of Procedures - Requires simplified procedures under the Federal Acquisition Regulation (FAR) for acquisitions under SAT. (Sec. 4013) Amends OFPPA and SBA to: (1) provide for continuation of existing notice thresholds for procurements over $25,000 (except that the requirement to allow 30 days for bid and proposal submission would apply only to contracts or orders in excess of SAT); and (2) prescribe additional contents for notices with respect to contracts between $25,000 and $100,000. Part III: Inapplicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA loc suplyto authorize FAR to waive the applicability of future-enacted procurement laws on a class basis for contracts below SAT, unless the provision expressly prohibits such waiver. (Sec. 4031) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, and requirements for audits, supplier and supply source identification, and use of U.S. vessels for supply transportation; (2) civilian agency contracts below SAT from similar requirements; (3) prime contracts below SAT from procedural and other requirements of the Anti-Kickback Act of 1986; and (4) contracts below SAT from provisions commonly referred to as the Miller Act (MA), the Contract Work Hours and Safety Standards Act, the Drug-Free Workplace Act of 1988, and requirements under the Merchant Marine Act, 1936 to ship on American-Flag commercial vessels. Requires FAR to provide alternatives to payment bonds as payment protections for suppliers of labor and materials on certain contracts under MA. Part IV: Conforming Amendments - Makes certain conforming amendments with respect to armed services and civilian agency acquisitions. Part V: Revision of Regulations - Requires the Federal Acquisition Regulatory Council to review FAR to identify and amend, as appropriate, regulations applicable to acquisitions below SAT. (Sec. 4081) Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - Exempts contracts for constructing, altering, furnishing, or equipping naval vessels from the Davis-Bacon Act (DBA) or the Service Contract Act of 1965, unless the President determines that it is in the interest of national defense to subject them. (Sec. 4102) Repeals: (1) obsolete reporting requirements under the Trade Agreements Act of 1979 pertaining to procurement of products produced in labor surplus areas; and (2) the Walsh-Healey Act (WHA), other than for certain definitional purposes. Repeals redundant requirements under FPASA regarding DBA and WHA applicability. Prohibits any Federal agency from purchasing any prisoner-made goods whose transportation in interstate commerce or importation is prohibited under Federal criminal laws. Exempts prison goods contracts below SAT from such prohibition. (Sec. 4103) Amends SBA to allow Federal agencies to contract directly with a socially and economically disadvantaged small business, rather than indirectly through the Small Business Administration, unless the business objects. Subtitle C: Miscellaneous Armed Services Acquisition Laws - Repeals several obsolete laws relating to procurement of naval aircraft and components. (Sec. 4152) Prohibits the use of appropriated funds to assist DOD contractors in preparing any material, report, list, or analysis on the economic effect of certain acquisition programs in particular States or congressional districts. (Sec. 4153) States that it is the policy of Congress that no legislation should be enacted that requires subject and civilian agency procurements to be made from a specified non-Federal source, unless the law identifies the non-Federal source involved and states that the procurement is required in contravention of such policy. Title V: Intellectual Property - Subtitle A: Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to address: (1) copyright protection for computer programs prepared by Federal employees, including those employees working under a cooperative R&D agreement; (2) use of copyrighted works of the Federal Government; and (3) distribution of royalties received by Federal agencies. (Sec. 5004) Amends Federal copyright law to conform to the changes made above with respect to the treatment of copyrighted works. Subtitle B: Government Use of Private Patents, Copyrights and Trade Secrets - Requires the issuance of regulations regarding the circumstances under which a contracting officer may withhold authorization or consent for a contractor to violate private patents in the performance of a contract. Prohibits any injunction from being issued for a violation of a patent right that occurs in the performance of a Federal contract. (Sec. 5012) Repeals navy provisions regarding the purchase of patents, patent applications, and licenses. Authorizes funds appropriated for military departments for purchasing supplies to be used to acquire: (1) technical data and computer software; and (2) releases for unauthorized use of such items. Title VI: Standards of Conduct - Subtitle A: Ethics Provisions - Revises OFPPA procurement integrity recusal, certification, training, and revolving door ban provisions, and adds rules of construction, harmonizes gratuities provisions with Government-wide ethics provisions, and makes changes in definitions under OFPPA's procurement integrity provisions. (Sec. 6002) Amends Federal criminal code financial interest provisions to cover persons who aid or abet violations. (Sec. 6003) Repeals several superseded and obsolete procurement ethics laws, including conflict of interest provisions in the Department of Energy Organization Act. Subtitle B: Additional Amendments - Amends OFPPA to prohibit the use of consultants to conduct evaluations or analyses of any aspect of an acquisition proposal if qualified Federal employees are available for the job. (Sec. 6051) Requires the FAR Council to review Federal regulations on use of advisory and assistance services and provide Federal agencies with appropriate guidance for determining whether expertise is available before contracting for such services to conduct acquisitions. (Sec. 6052) Repeals obsolete requirements for studies and a report on the extent of competition in the award of subcontracts by Federal prime contractors. (Sec. 6053) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Title VII: Defense Trade and Cooperation - Repeals obsolete and redundant Buy American Act (BAA) provisions, and provisions under the Trade Agreements Act of 1970 relating to studies of BAA waivers. (Sec. 7002) Amends DOD provisions concerning defense memoranda of understanding and related agreements to replace references to such terms with International Cooperative Agreements and to expand the authorized scope of such agreements to cover logistics support. Repeals navy provisions for suspension of construction in case of treaty. (Sec. 7003) Provides for limited waiver of restrictions on accrued reimbursable liabilities and credits for contingency operations. Authorizes the Secretary to furnish or receive communications support and related supplies on a reciprocal basis for a period not to exceed 90 days: (1) in order to meet emerging operational requirements; or (2) incident to a joint military exercise with the allied country. Title VIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 8002) Creates a preference for executive agency acquisition of commercial and other nondevelopmental items. Repeals DOD provisions creating a preference for the acquisition of nondevelopmental items. (Sec. 8003) Requires FAR to include: (1) uniform contract clauses for commercial item and component contracts; (2) requirements pertaining to market acceptance and the use of warranties, firm, fixed price contracts for commercial items, and past performance of items and sources as a factor in awarding contracts; and (3) provisions to permit reliance on existing quality assurance systems for commercial items. Repeals DOD provisions for acquisition of commercial and nondevelopmental items. (Sec. 8004) Authorizes waiver on a class basis in FAR of the applicability of future enacted procurement laws to contracts and subcontracts for the acquisition of commercial items. (Sec. 8005) Provides for exemptions from requirements similar to those above under part III of subtitle A of title IV of this Act with respect to subject and civilian agency contracts for commercial items, and from requirements under the Federal Aviation Act of 1958, Federal Water Pollution Control Act, Clean Air Act, and OFPPA's procurement integrity certification provisions. (Sec. 8006) Amends OFPPA to authorize greater flexibility in setting deadlines for the submission of offers in contracts for the purchase of commercial items. (Sec. 8007) Establishes in the Office of Federal Procurement Policy the Advocate for Acquisition of Commercial and Nondevelopmental Items (replacing the current Advocate for the Acquisition of Commercial Products) for monitoring agency compliance with preference requirements and other duties regarding the acquisition of commercial and other nondevelopmental items. Gives agency competition advocates the added responsibility of promoting the acquisition of commercial and other nondevelopmental items. (Sec. 8009) Requires a CG review of Federal market research use for a report to the Congress. Title IX: Effective Date - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided.
United States · United States Congress · 18 October 1993
Amends the Standing Rules of the Senate to add a rule that makes it out of order to consider any material in any bill, joint resolution, amendment, motion, conference report, or amendment between the Houses that increases a tax retroactively. Requires an affirmative three-fifths' roll call vote of all Senators to waive this rule.
United States · United States Congress · 7 October 1993
Amends the Internal Revenue Code to repeal the retroactive application of income, estate, and gift tax rate increases. Requires a reduction in administrative expenses of Federal departments and agencies for FY 1994 through 1996.
United States · United States Congress · 5 October 1993
Calls for: (1) the President to encourage the United Nations (UN) to permit representatives of Taiwan to participate fully in UN activities; and (2) cabinet-level exchanges between Taiwan and the United States.
United States · United States Congress · 10 September 1993
Radio Consumer Information Act of 1993 - Amends the Consumer Leasing Act of 1976, the Truth in Lending Act of 1968, and the Truth in Savings Act of 1991 regarding disclosures in connection with advertisements, announcements, or solicitations made through radio.
United States · United States Congress · 6 August 1993
Declares it is the Congress' intent that the Secretary of Transportation, in negotiating under the auspices of the Land Transportation Standards Subcommittee established under the North American Free Trade Agreement (NAFTA), uphold U.S. truck safety standards, including truck sizes and weights, and safety standards such as truck driver hours of service, front brake and other safety equipment requirements, and the truck driver record system.
United States · United States Congress · 30 July 1993
Directs the President to: (1) investigate and report to the Congress on the whereabouts of U.S. citizens and others who have been missing from Cyprus since 1974; and (2) do everything possible to return such persons (including remains of those no longer alive) to their families.
United States · United States Congress · 29 July 1993
Weakfish Conservation Act of 1993 - Amends the Atlantic Striped Bass Conservation Act to apply such Act, including prohibitions on fishing during a moratorium period, to weakfish. Directs the Atlantic States Marine Fisheries Commission to determine whether: (1) each coastal State has adopted measures necessary to implement the Interstate Fisheries Management Plan for Weakfish (dated 1985) in its coastal waters; and (2) the enforcement by the Plan by each State is satisfactory. Requires the Secretaries of Commerce and the Interior to declare a moratorium on fishing for weakfish in States that are not in compliance with the Plan.
United States · United States Congress · 29 July 1993
Declares that: (1) the U.S. Government should support German and Japanese permanent membership in the United Nations Security Council; but (2) no action should be taken to further such an initiative until Japan and Germany have taken political action to permit them to discharge the full range of responsibilities attending permanent membership status.
![Official portrait of Sen. Roth Jr., William V. [R-DE]](https://www.congress.gov/img/member/r000460_200.jpg)