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51 records in 1994

Records

Bill· SS. 2567 (103rd)referred

Commercial Aviation Fuel Tax Exemption Extension Act

United States · United States Congress · 1 December 1994

Commercial Aviation Fuel Tax Exemption Extension Act - Amends the Internal Revenue Code to extend the fuel tax exemption for commercial aviation until September 30, 1998.

Bill· HRH.R. 5305 (103rd)open

To amend title 49, United States Code, relating to air carrier safety.

United States · United States Congress · 29 November 1994

Amends Federal law to apply certain minimum safety standards uniformly to all air carrier operations, regardless of the seating or payload capacity of the aircraft involved. Authorizes the Administrator of the Federal Aviation Administration to prescribe alternative safety standards for the operation of aircraft of a type: (1) approved for transportation of no more than nine passengers (exclusive of flight crew); (2) approved for transportation of no more than 30 passengers (exclusive of flight crew), if such aircraft is not used for scheduled air transportation; and (3) designed for transportation of no more than 19 passengers (exclusive of flight crew) for which application for design approval was made before February 17, 1987. States that alternative standards of the third kind may be prescribed only for specific areas found necessary because the aircraft's approved design makes compliance with one or more of the uniform standards impossible.

Bill· SS. 2546 (103rd)referred

Federal Aviation Administration Independent Establishment Act of 1994

United States · United States Congress · 7 October 1994

Federal Aviation Administration Independent Establishment Act of 1994 - Establishes as an independent Federal agency the Federal Aviation Administration (Administration). Declares that the Administration shall be administered by an Administrator, who shall be appointed by the President to a five-year term, by and with the advice and consent of the Senate. Transfers to the new Administration all functions of the Federal Aviation Administration (FAA) of the Department of Transportation and of the Secretary of Transportation which are administered through the FAA. Directs the Administrator to prepare, and submit to specified congressional committees, a three-year development plan outlining goals and objectives for personnel, technology, and regulation in such areas as air traffic control, aviation standards, airport security, airport and airway development, and research and development. Establishes the Aviation Trust Fund Account (Account). Terminates the Airport and Airway Trust Fund on October 1, 1996, with all amounts to be transferred to the Account. Establishes the Federal Aviation Advisory Committee.

Bill· HRH.R. 5274 (103rd)referred

Independent Federal Aviation Administration Act of 1994

United States · United States Congress · 7 October 1994

Independent Federal Aviation Administration Act of 1994 - Establishes as an independent Federal agency the Federal Aviation Administration (Administration). Declares that the Administration shall be administered by an Administrator, who shall be appointed by the President to a five-year term, by and with the advice and consent of the Senate. Transfers to the new Administration all functions of the Federal Aviation Administration (FAA) of the Department of Transportation and of the Secretary of Transportation which are administered through the FAA.

Bill· HRH.R. 5209 (103rd)referred

Air Traffic Control Service Improvement Act of 1994

United States · United States Congress · 6 October 1994

TABLE OF CONTENTS: Title I: United States Air Traffic Service Corporation Title II: Miscellaneous Air Traffic Control Service Improvement Act of 1994 - Title I: United States Air Traffic Service Corporation - Establishes, as a Government corporation, the United States Air Traffic Service Corporation to operate the U.S. air traffic control system. Title II: Miscellaneous - Directs the Secretary of Transportation to transfer to the Corporation all right, title, and interest of the United States over facilities, including airport control towers, landing aids, landing slots, and equipment which are part of the air traffic control system. Authorizes airports to charge fees for use of airport facilities by, and provision of services to, air carriers and air transportation passengers. Prohibits owners or operators of public-use airports from denying access to and use of airport facilities by any person operating an aircraft which is in compliance with all aviation safety laws if such person offers to pay all user fees. Subjects persons who violate such prohibition to a civil penalty.

Resolution· HCONRESH.Con.Res. 307 (103rd)referred

Expressing the sense of Congress regarding the United States position on the disinsection of aircraft at the 11th meeting of the Facilitation Division of the International Civil Aviation Organization.

United States · United States Congress · 5 October 1994

Expresses the sense of the Congress that the U.S. delegation to the spring 1995 meeting of the facilitation division of the International Civil Aviation Organization should seek: (1) to amend the Convention on International Civil Aviation to end aircraft disinsection practices that threaten the health of aircraft passengers and crew; and (2) the support and cosponsorship of other member nations of the organization for that amendment.

Resolution· SCONRESS.Con.Res. 77 (103rd)passed

A concurrent resolution expressing the sense of the Congress regarding the United States position on the disinsection of aircraft at the 11th meeting of the Facilitation Division of the International Civil Aviation Organization.

United States · United States Congress · 4 October 1994

Expresses the sense of the Congress that the U.S. delegation to the Spring 1995 meeting of the Facilitation Division of the International Civil Aviation Organization: (1) seek to amend the Convention on International Civil Aviation, done on December 7, 1944, at Chicago, to end aircraft disinsection practices that threaten the health of aircraft passengers and crew; and (2) make every effort to gain the support of other member nations of the organization in that amendment.

Bill· SS. 2428 (103rd)referred

National Parks Airspace Management Act of 1994

United States · United States Congress · 25 August 1994

National Parks Airspace Management Act of 1994 - Prohibits a commercial air tour operator from flying over a National Park System (NPS) unit at less than 3,000 feet above ground level unless there is an agreement among the operator, the Administrator of the Federal Aviation Administration (FAA), and the Director of the National Park Service (Service) specifying otherwise. Requires the Administrator and the Director to jointly take appropriate actions to: (1) determine and implement the most practical and effective means of minimizing the effects of commercial air tour flights over NPS units; and (2) conduct periodic training of FAA employees and the Service on matters relating to such implementation. (Sec. 4) Requires the Administrator to initiate formal rulemaking procedures to prescribe: (1) a new subpart of the Code of Federal Regulations relating to air taxi operators and commercial operators which would specifically cover all commercial air tour operators that conduct commercial air tour flights over NPS units; and (2) a single operational rule which would govern the conduct of fixed-wing and rotorcraft flights by such operators over NPS units. Allows the Director to prescribe separate operational rules for flights by fixed-wing aircraft and by rotorcraft if they are warranted. (Sec. 6) Requires the Director to: (1) prescribe criteria to identify NPS units where air tour flights by commercial air tour aircraft are incompatible with or injurious to the purposes and values for which such units were established; and (2) identify and designate the units which meet such criteria. Prohibits commercial air tour flights over such designated NPS units. Makes exceptions for operators that conducted flights as of December 31, 1993, or that commenced conducting flights between January 1, 1994, and the date of enactment of this Act. (Sec. 7) Requires the Director and the Administrator to establish, review, and revise plans for the management of the airspace above other NPS units that are: (1) affected by commercial air tour flights to such an extent that the Director considers the units to require an airspace management plan; or (2) units over which no commercial air tour flights occurred before the enactment of this Act but over which an operator proposes to conduct such flights. Permits flights over NPS units that require management plans and over units not requiring such plans only pursuant to agreements with the Director and the Administrator. Provides for continued flights by existing operators pending development of such a plan or negotiation of such an agreement. (Sec. 8) Exempts an aircraft experiencing an in-flight emergency from the provisions of this Act. Prohibits: (1) military aircraft from conducting flights below 3,000 feet over a NPS unit unless otherwise provided in a Memorandum of Understanding between the Director and the Secretary of Defense; and (2) an aircraft or rotorcraft engaged in commercial aerial photography from conducting flights below 3,000 feet above such NPS units without receiving advance written permission from the appropriate FAA Flight Standards District Office and the NPS unit superintendent concerned. Authorizes NPS unit superintendents to collect fees for such photography. (Sec. 9) Requires each commercial air tour aircraft operator to display on each of his or her aircraft specified identification marks. Requires: (1) the Administrator to study the feasibility and advisability of requiring that aircraft and rotorcraft operating in NPS units airspace have on board in automatic flight tracking system capable of monitoring altitude and ground position; (2) the operators of such aircraft and rotorcraft to have such monitoring system installed if the Administrator determines its use to be feasible; and (3) the Director to ensure NPS personnel monitor the altitude and position of craft with such system and report violations. Requires: (1) the Administrator to ensure that boundaries of each NPS unit and the provisions of the airspace management plan, operational rule, or Special Federal Regulation, if any, with respect to such unit are accurately reflected on aeronautical charts; and (2) the Director to develop educational materials for public distribution on air tour flights over NPS units by commercial air tour operators. (Sec. 10) Establishes the National Park Overflight Advisory Council to: (1) determine the effects on the environment of NPS units of commercial tour flights over such units and the economic effects of restrictions or prohibitions on such flights; (2) develop recommendations for means of reducing the adverse effects of such flights; (3) explore financial and other incentives which could encourage manufacturers to advance the state-of-the-art in quiet aircraft and rotorcraft technology and encourage commercial air tour operators to implement such technology; and (4) provide comments and recommendations to the Director and the Administrator with respect to flight-free parks, flights over other NPS units and other matters relating to such flights. Authorizes appropriations.

Bill· SS. 2336 (103rd)open

Federal Communications Commission Authorization Act of 1994

United States · United States Congress · 29 July 1994

Federal Communications Commission Authorization Act of 1994 - Amends the Communications Act of 1934 (the Act) to authorize appropriations for the Federal Communications Commission (FCC) for FY 1994 and 1995. Derives a portion of such appropriations from application and regulatory fees. Repeals provisions regarding reimbursement of FCC travel expenses. Amends the Federal Communications Commission Authorization Act of 1988 to extend the FCC's: (1) authorization to make grants or enter into agreements to utilize the talents of older Americans in FCC programs through FY 1996; and (2) authorization for the relocation of the Hawaii monitoring station through FY 1997. Waives annual equipment inspections for vessels in compliance with the radio provisions of the Safety Convention that are operating solely in waters beyond U.S. jurisdiction, provided that an inspection is performed within 30 days after return to the United States. Revises application fee provisions to require the FCC, beginning in FY 1995, to modify such fees by proportionate increases or decreases so as to result in estimated total collections for the fiscal year equal to the sum of $40 million plus the amount specified in an appropriation Act to be collected, not to exceed necessary FCC expenses. Sets forth a schedule of application fees for personal communications services. Permits the FCC to reject a proposed tariff filing if the filing or any part is patently unlawful. Authorizes the FCC, subject to certain conditions, to require the refund of a portion of any charge by a carrier that results from violation of this Act. Permits the operation of the following radio services without individual licenses: (1) personal radio services; (2) specified aviation radio service on domestic flights; and (3) maritime radio service for ship stations navigated on domestic voyages when such ships are not otherwise required to carry a radio station. Adds a failure to comply with the Act's requirements or FCC rules that imperils the safety of life to the list of offenses for which the FCC may revoke a station license or construction permit. Imposes a forfeiture penalty for such violation. Bars forfeiture proceedings against common carriers to whom the notice of liability is issued five years after the date of the violation.

Bill· HRH.R. 4848 (103rd)referred

People's Protection Crime Control Act of 1994

United States · United States Congress · 28 July 1994

TABLE OF CONTENTS: Title I: Public Safety and Policing Subtitle A: Cops on the Beat Subtitle B: Safe Schools Subtitle C: Criminal Street Gangs; Crimes Against Children; Parental Accountability Subtitle D: Punishment of Serious Juvenile Offenders Title II: State Prison Construction Grants Title III: Elimination of Delays in Carrying Out Sentences Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceeding in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IV: Two Strikes, You're Out Title V: Taking Prisoners Off the Streets Subtitle A: Expanding Prison Capacity Subtitle B: Restriction on Court Jurisdiction Subtitle C: Limitation of Prisoners' Rights Subtitle D: Prison Governance Title VI: Victims Rights Subtitle A: Generally Subtitle B: Admissibility of Evidence Subtitle C: Good Faith Exemption to the Exclusionary Rule Title VII: Protection of Women Subtitle A: Spouse Abuse and Stalking Subtitle B: Victims of Sexual Violence Subtitle C: Punishment of Sex Offenders Subtitle D: Rural Domestic Violence and Child Abuse Enforcement Title VIII: Criminal Aliens and Alien Smuggling Subtitle A: Deportation of Criminal Aliens Subtitle B: Prevention and Punishment of Alien Smuggling Title IX: Instant Check, Rural Drug Task Forces, and Enhanced Drug Penalties Subtitle A: Instant Check System for Handgun Purchases Subtitle B: Drug Trafficking in Rural Areas Subtitle C: Miscellaneous Title X: Miscellaneous Title XI: Penalties for Harassment or Obstruction of Lawful Hunting Title XII: Violent Crime Reduction Trust Fund People's Protection Crime Control Act of 1994 - Title I: Public Safety and Policing - Subtitle A: Cops on the Beat - Public Safety Partnership and Community Policing Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants to units of State and local government, and to other public and private entities, to increase police presence, expand and improve cooperative efforts between law enforcement agencies (LEAs) and members of the community to address crime and disorder problems, and otherwise enhance public safety. Permits such grants to be used for programs, projects, and other activities to rehire law enforcement officers who have been laid off as a result of State and local budget reductions and to hire new, additional career law enforcement officers and former members of the armed forces as career law enforcement officers, for deployment in community-oriented policing. Sets forth provisions regarding: (1) additional authorized grant projects involving police and community interaction; (2) preferential consideration for certain grants; (3) technical assistance; (4) matching funds; (5) fund allocation; (6) the termination of grants for hiring officers; (7) application requirements; (8) review of applications by a designated State office; (9) grant renewal; (10) limits on use of funds; (11) performance evaluation; (12) revocation or suspension of funding; and (13) access by the Attorney General and Comptroller General to documents. Authorizes appropriations. Subtitle B: Safe Schools - Amends the Controlled Substances Act (CSA) to increase penalties for drug trafficking in or near schools. (Sec. 112) Authorizes: (1) a school district to elect to qualify as a Federal safe school district by decision of a local educational agency or by referendum of the voters in a school district served by such an agency; and (2) the Attorney General to make grants to local educational agencies or LEAs of Federal safe school districts to pay for enhanced school security measures. (Sec. 113) Increases penalties for violation of the Gun-Free School Zones Act. Subtitle C: Criminal Street Gangs; Crime Against Children; Parental Accountability - Amends the Federal criminal code to prohibit: (1) committing specified "predicate gang crimes" (including murder, assault, kidnapping, arson, and retaliating against a witness, victim, or informant) with intent to promote or further the activities of a criminal street gang or for the purpose of gaining entrance to, or maintaining or increasing position in, a gang; (2) participating in, or inducing any individual to participate in, a gang; (3) employing or inducing any individual to commit a predicate gang crime with such intent; or (4) using any communication facility in causing or facilitating the commission of such a crime with such intent. Sets penalties for violations. Authorizes the Attorney General and the Secretary of the Treasury to investigate such offenses. Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase the base offense level for any felony committed for the purpose of gaining entrance into, or maintaining or increasing position in, a gang. (Sec. 122) Amends: (1) the Federal criminal code to set penalties for drive-by shootings; (2) the Omnibus Act to include among drug control and system improvement grant funding objectives law enforcement and prevention programs relating to gangs or to youth who are involved or at risk of being involved in gangs; and (3) the CSA to increase penalties for drug trafficking in or near public housing. (Sec. 125) Amends the Federal criminal code to require the parent or legal guardians of a juvenile charged with any violation of Federal law to attend all court proceedings involving the juvenile (attendance provision), with exceptions. Makes the parents or legal guardians of a juvenile who has been convicted of a criminal offense under any Federal law liable to the United States for a civil penalty of not more than $10,000, with exceptions. Authorizes the court to decline to enforce the attendance provision if it would cause undue hardship or to impose such penalty if the court determines that the parents or legal guardians exercised reasonable care, supervision, and control of the juvenile and counseled the juvenile that criminal activity is unacceptable. Sets forth provisions regarding the amount of civil penalties. Permits a parent or legal guardian ordered to pay the penalty to petition the court to perform community service or attend and successfully complete parenting classes in lieu of such penalty. (Sec. 126) Provides for imposition of the death penalty for murder during the sexual exploitation of children. (Sec. 127) Increases penalties for sex offenses against victims below age 16. (Sec. 128) Sets penalties for international trafficking in child pornography. (Sec. 129) Requires: (1) the Attorney General to establish guidelines for State legislation that prohibits the production, distribution, receipt, or possession of materials depicting a person under age 18 engaging in sexually explicit conduct and that provides for a maximum imprisonment of at least one year and for the forfeiture of assets used in, or gained from, such offenses; and (2) each State to enact and maintain legislation complying with such guidelines in order to receive assistance under provisions of the Victims of Crime Act and the Child Abuse Prevention and Treatment Act. (Sec. 130) Provides for national registration of convicted child abusers. Requires the Attorney General to establish guidelines for State registration programs. Authorizes a State to permit qualified entities to obtain from an authorized State agency a nationwide background check on a provider. (Sec. 131) Increases penalties for: (1) assaults against children; (2) using minors in drug trafficking; (3) drug distribution to minors; and (4) using a minor in the commission of a Federal offense. (Sec. 132) Amends the CSA to set penalties for physical trainers or advisers who attempt to persuade or induce a person to possess or use anabolic steroids. (Sec. 133) Directs the Sentencing Commission to: (1) amend the sentencing guidelines to increase by at least four levels the base offense level for sexual abuse offenses; and (2) review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses. (Sec. 134) Provides for interstate enforcement of child support orders. (Sec. 135) Amends the Social Security Act to require that procedures by which information regarding the amount of overdue child support owed by an absent parent residing in the State be made available to any consumer reporting agency (currently, at the request of such agency). Repeals a provision authorizing the State to impose a fee for furnishing the information. (Sec. 136) Makes certain crimes involving the use of persons below age 18 predicates to an offense under the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 139) Makes it a Federal offense to remove a child from, or to retain a child outside, the United States to obstruct the lawful exercise of parental rights. (Sec. 140) Authorizes appropriations to carry out State court programs regarding international parental child abduction. Subtitle D: Punishment of Serious Juvenile Offenders - Makes serious juvenile drug offenses Armed Career Criminal Act predicates. (Sec. 152) Provides for the prosecution as adults of violent juvenile offenders. (Sec. 153) Requires that juveniles found guilty of certain offenses be fingerprinted and photographed, with such fingerprints and photographs sent to the Federal Bureau of Investigation (FBI), Identification Division. Directs the court to transmit to such division information concerning the adjudication. Title II: State Prison Construction Grants - Authorizes the Attorney General to provide grants to States to build, expand, or operate space in correctional facilities in order to increase prison bed capacity. (Sec. 202) Sets forth formulas for the distribution of Federal funds in FY 1995 through 1999 based on the number of violent crimes reported by the States to the FBI. Allocates 25 percent of the total amount of funds appropriated under this title in each of FY 1996 through 1999 to States which make specified changes to State laws and regulations, such as inclusion of: (1) truth in sentencing laws which require persons convicted of violent crimes to serve not less than 85 percent of the sentence imposed; (2) mandatory prison sentences for persons convicted of the most serious violent crimes; (3) pretrial detention for those whose release can be shown to pose a danger to any other person or the community; and (4) the requirement that a juvenile who was age 13 or older on the date of the commission of a violent felony be prosecuted as an adult. (Sec. 203) Authorizes appropriations, subject to specified limitations. Title III: Elimination of Delays in Carrying Out Sentences - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 302) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 304) Permits the denial of a habeas corpus petition on the merits notwithstanding the failure of the applicant to exhaust State court remedies. (Sec. 305) Imposes a one-year period of limitation for filing for collateral relief by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases, including provisions governing: (1) appointment of counsel; (2) stays of execution; (3) filing of a habeas corpus petition; (4) State unitary review procedures applicability; and (5) time limits for determining such a petition or a motion to correct a sentence. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IV: Two Strikes, You're Out - Directs the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to prison for life if the defendant has previously been convicted of one or more other violent felonies (and if a death results, subjects the defendant to the death penalty). Title V: Taking Prisoners Off the Streets - Subtitle A: Expanding Prison Capacity - Amends the Davis-Bacon Act to make provisions concerning the rate of wages for laborers and mechanics inapplicable to prison construction. Subtitle B: Restriction on Court Jurisdiction - Amends the Federal judicial code to deny the district court, in any action challenging the constitutionality of conditions of confinement in any correctional institution housing persons accused or convicted of a crime or juveniles adjudicated delinquent, jurisdiction to: (1) impose a ceiling on the population of any correctional institution or to require any adjustment of the release dates of inmates; or (2) prohibit the use of tents or prefabricated structures for housing inmates. Prohibits any consent decree in any such action from providing relief greater than the minimum required to bring the conditions of confinement into substantial compliance with the Constitution. Provides for modification of orders or decrees. Subtitle C: Limitation of Prisoners' Rights - Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult who is convicted of a crime and confined in any correctional facility from bringing a civil action for deprivation of rights until available plain, speedy, and effective administrative remedies are exhausted. Specifies that such exhaustion of remedies may not be required unless the Attorney General has certified, or the court has determined, that such remedies are in substantial compliance with specified minimum acceptable standards (as under current law) or are otherwise fair and effective. Applies such standard to review and certification procedures under the Act. Directs the court, on its own motion or on motion of a party, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action: (1) fails to state a claim upon which relief can be granted; or (2) is frivolous or malicious. Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the formulation, implementation, and operation of the system for resolution of inmate grievances. (Sec. 515) Amends the Federal judicial code to require the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court. Requires a prisoner in a correctional institution to include in a filed affidavit a statement of all assets such prisoner possesses. Directs the court to ask the correctional institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Subtitle D: Prison Governance - Amends the Federal criminal code to authorize corporal punishment for the discipline of Federal prisoners convicted of crime who commit serious infractions of prison policy or rules regarding inmate behavior. (Sec. 522) Requires the Director of the Bureau of Prisons to develop and implement a Federal prison housing plan that provides three levels of prisoner housing quality, amenities, and privileges, as incentive awards directly related to the degree of prison-related work in which each inmate voluntarily participates. Title VI: Victims Rights - Subtitle A: Generally - Amends the Federal criminal code to require the Bureau of Prisons to provide 30 days' notice before the release of a prisoner to: (1) the judge, jury, attorneys, victims, and victims' family members in the case in which the prisoner was convicted; and (2) the local authorities in the place of conviction. (Sec. 602) Directs (current law authorizes) the court, when sentencing a defendant convicted of an offense under the Federal criminal code or under specified provisions of the Federal Aviation Act of 1958, to order that the defendant make restitution to any victim of the offense. Authorizes the court to further order restitution of any person who was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant related to the offense. Directs the court to order restitution of the full amount of the victim's losses without consideration of: (1) the economic circumstances of the offender; or (2) the victim's compensation with respect to a loss from insurance or any other source. Sets forth provisions regarding: (1) the manner of and schedule for restitution; (2) circumstances in which there is more than one offender or more than one victim; (3) the effect of compensation from insurance or other sources; (4) setoffs; (5) compliance with a restitution order as a condition of probation, parole, or other form of release; (6) enforcement of a restitution order; and (7) procedures for issuing an order of restitution. (Sec. 603) Revises Federal Rule of Criminal Procedure: (1) 24(b) to entitle each side to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) 32 to provide for a victim's right of allocution in sentencing for a crime of violence or sexual abuse. (Sec. 605) Sets penalties for retaliatory killings of witnesses, victims, and informants. Subtitle B: Admissibility of Evidence - Amends the Federal Rules of Evidence (FRE) to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 612) Revises FRE 412 (sex offense cases; relevance of victim's past behavior) to: (1) expand the scope of the rape shield law and to require that an order admitting evidence of a victim's past sexual behavior explain the finding of relevance and the basis of a finding that the probative value of the evidence outweighs the danger of unfair prejudice; and (2) make inadmissible evidence to show invitation or provocation by a victim in sexual abuse cases. Subtitle C: Good Faith Exemption to the Exclusionary Rule - Specifies that evidence shall not be excluded on the ground that a search or seizure was in violation of the Fourth Amendment to the Constitution if carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Specifies that evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title VII: Protection of Women - Subtitle A: Spouse Abuse and Stalking - Amends the Federal criminal code to: (1) set penalties for interstate travel to commit spouse abuse or to violate a protective order; and (2) provide for full faith and credit of protective orders among the States. Subtitle B: Victims of Sexual Violence - Establishes a civil remedy for victims of sexual violence. (Sec. 712) Authorizes the restitution of victims of sex offenses. (Sec. 713) Provides for pretrial detention in sex offense cases. Subtitle C: Punishment of Sex Offenders - Provides for imposition of the death penalty for persons engaging in sexual abuse resulting in death. (Sec. 722) Increases penalties for recidivist sex offenses. (Sec. 723) Directs the Sentencing Commission to amend the sentencing guidelines to increase the base offense level for sex offenses. (Sec. 724) Provides for testing for human immunodeficiency virus for persons charged in sex offense cases and the disclosure of the test results to the victim. Directs the Sentencing Commission to amend existing guidelines for sentences for sex offenses where the offender knew or had reason to know that he was infected with such virus, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Subtitle D: Rural Domestic Violence and Child Abuse Enforcement - Authorizes the Attorney General to make grants to State and local governments and other public or private entities of rural States to: (1) implement, expand, and establish cooperative efforts and projects between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence and child abuse; (2) provide treatment and counseling to victims of domestic violence and child abuse; and (3) work in cooperation with the community to develop education and prevention strategies directed toward such issues. Authorizes appropriations. Title VIII: Criminal Aliens and Alien Smuggling - Subtitle A: Deportation of Criminal Aliens - Amends the Immigration and Nationality Act (INA) to permit an alien sentenced to imprisonment to be deported prior to the termination of such imprisonment if the Immigration and Naturalization Service (INS) petitions the appropriate court or other authority to release the alien into INS custody for execution of a deportation order. Prohibits the deportation until all direct appeals of the conviction have been exhausted. (Sec. 802) Authorizes the registration of aliens on criminal probation or criminal parole within the United States. (Sec. 803) Expands the definition of "aggravated felony" to include illicit trafficking in explosive materials and a crime of violence for which the term of imprisonment is at least five years. (Sec. 804) Amends the INA to authorize the Attorney General to issue a final order of deportation without an administrative hearing or administrative review for any alien who was not lawfully admitted for permanent residence, or who had permanent resident status on a conditional basis, and whom the Attorney General determines is deportable and has been convicted of an aggravated felony. Limits judicial review of such determinations. Provides that an alien convicted of an aggravated felony shall be conclusively presumed to be deportable. (Sec. 805) Grants a U.S. district court jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien convicted of an aggravated felony, if such order has been requested prior to sentencing by the U.S. Attorney. (Sec. 806) Restricts defenses to exclusion and deportation for certain aliens convicted of aggravated felonies. (Sec. 807) Enhances penalties for failing to depart or for reentering after a final order of deportation. Limits collateral attacks on deportation orders. (Sec. 809) Authorizes appropriations for a criminal alien information system. Subtitle B: Prevention and Punishment of Alien Smuggling - Authorizes appropriations for Border Patrol agents and investigators. (Sec. 813) Includes alien smuggling as a predicate to an offense under RICO. (Sec. 814) Increases penalties for: (1) employers who knowingly employ smuggled aliens; and (2) bringing in and harboring certain aliens. (Sec. 816) Subjects any property which facilitates or which has been used for smuggling or harboring illegal aliens to forfeiture. (Sec. 817) Directs the Attorney General to enter into a contract which provides for compensation to a State or political subdivision with respect to the incarceration of an undocumented criminal alien who has been convicted of a felony. Specifies the method for determining compensation. Title IX: Instant Check, Rural Drug Task Forces, and Enhanced Drug Penalties - Subtitle A: Instant Check System for Handgun Purchases - Requires each State to establish and maintain an instant criminal check system for handgun purchases. Sets forth: (1) prohibitions on uses of such information; and (2) identification procedure requirements for licensed importers, manufacturers, and dealers once a State system becomes operational and specified notice requirements are met. Sets penalties for noncompliance. (Sec. 904) Requires each State to establish a system accessible by telephone that any licensee, law enforcement officer, or court may contact for criminal history information. (Sec. 905) Provides for the correction of erroneous system information as well as a private course of action after all administrative remedies are exhausted and records are not corrected. (Sec. 906) Directs the Attorney General to expedite: (1) the incorporation of the remaining State criminal history records into the Federal criminal records systems maintained by the FBI; and (2) the development of hardware and software systems to link State criminal history check systems into the National Crime Information Center. (Sec. 907) Sets forth provisions regarding: (1) access to State criminal records; and (2) funding for improvements in State records systems. (Sec. 910) Authorizes appropriations. Subtitle B: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations and increase the base allocation for rural drug enforcement assistance. (Sec. 912) Directs the Attorney General to establish a Rural Crime and Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies that assets seized as a result of investigations initiated by such a task force shall be used primarily to enhance the operations of the task force and its participating State and local LEAs. (Sec. 913) Authorizes the Attorney General to cross-designate up to 100 law enforcement officers with jurisdiction to enforce CSA provisions on non-Federal lands and the Federal criminal code to the extent necessary to effect the purposes of this Act. Directs the Attorney General to ensure that each of the task forces are adequately staffed with investigators. (Sec. 914) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course for training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations and the hiring of additional Drug Enforcement Administration agents. Subtitle C: Miscellaneous - Enhances penalties for drug trafficking in prisons. (Sec. 922) Amends the CSA and the Controlled Substances Import and Export Act to reduce the amount of cocaine involved in an offense which is necessary to trigger specified penalties. Subjects a person convicted for the possession of a mixture or substance which contains cocaine (currently, cocaine base) to specified penalties. Directs the Sentencing Commission to promulgate necessary amendments to conform the sentencing guidelines to the amendments made by this section. Title X: Miscellaneous - Amends the Higher Education Act of 1965 to prohibit the award of Pell grants to any individual incarcerated in a Federal or State penal institution. (Sec. 1002) Makes a person who is incarcerated in a Federal or State penal institution ineligible for any professional or commercial license provided by any agency or authority of the United States. (Sec. 1003) Amends the Social Security Act to make certain limitations on, and requirements regarding, the payment of Old Age, Survivors, and Disability Insurance Benefits to prisoners applicable to individuals convicted of any criminal offense (currently, a felony). (Sec. 1004) Sets limitations on the use of veterans' educational assistance by prisoners. Makes such limits inapplicable with respect to any period during which a person is participating in a work-release program or is residing in a halfway house. Title XI: Penalties for Harassment or Obstruction of Lawful Hunting - Recreational Hunting Safety and Preservation Act of 1994 - Makes it unlawful to intentionally obstruct a lawful hunt on Federal lands. (Sec. 1105) Establishes: (1) civil penalties for such violations; (2) procedures for individual and Government agent complaints; and (3) permitted uses of collected penalty money. (Sec. 1106) Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees. (Sec. 1107) Specifies that: (1) this title is not intended to preempt a State law or local ordinance that provides for civil or criminal penalties for a person who obstructs or otherwise interferes with a lawful hunt; and (2) the bringing of an action pursuant to this title shall not prevent an independent action against a person under a State law or local ordinance. Title XII: Violent Crime Reduction Trust Fund - Directs the President, through the Office of Management and Budget (OMB), to ensure that the number of full-time equivalent positions in all Federal agencies does not exceed specified limits during FY 1994 through 1998. (Sec. 1203) Establishes within the Treasury a Violent Crime Reduction Trust Fund. Requires specified amounts saved from the reduction in Federal positions to be deposited in the Fund. (Sec. 1204) Requires the Director of OMB to reduce certain discretionary spending limits set forth in the Congressional Budget Act for FY 1994 through 1998 as specified.

Bill· HRH.R. 4607 (103rd)open

Vancouver National Heritage Area Partnership Act of 1994

United States · United States Congress · 21 June 1994

Vancouver National Heritage Area Partnership Act of 1994 - Establishes: (1) the Vancouver National Heritage Area in the State of Washington; and (2) the Vancouver National Heritage Area Partnership to oversee the protection, enhancement, and development of the Area. (Sec. 5) Requires the Partnership to: (1) be a forum for cooperation and coordination between the public agencies represented in the Area; (2) minimize staffing, development, and operational costs to each member agency; (3) promote the coordinated protection, use, and interpretation of the cultural, recreational, and educational resources of the Area; (4) identify additional opportunities for public use and enjoyment of the Area; (5) develop and implement the management plan required for the lands included in the Area; and (6) be formalized by the compact described in this Act. (Sec. 8) Requires the Partnership to prepare, sign, and submit to the Secretary of the Interior for approval a compact, prepared with public participation, that shall function as a memorandum of agreement between Partnership members. (Sec. 9) Requires the Partnership: (1) to develop and submit a management plan for the Area to the Secretary for review and approval; and (2) every five years, to submit a revised plan to the Secretary upon evaluating the progress made in implementing the original one. (Sec. 10) Requires the management plan to permit general aviation at Pearson Airpark to continue, provided that: (1) Pearson Field and Air Museum shall be operated by the city of Vancouver; (2) Vancouver pays the National Park Service (NPS) a fee of $1 per year for the continued use and occupancy of the Airpark and Air Museum on NPS property; (3) all nonhistoric, aviation-related buildings and devices shall be removed by Vancouver from NPS property by the year 2003, except those necessary for navigation and safety; (4) Vancouver shall not be compensated for historic buildings remaining on NPS property, but shall be liable and responsible for continued use and maintenance of these structures; (5) approval of the NPS is required for all structural improvements and structural additions to the Air Museum for its structures and facilities located on NPS property; (6) helicopters shall not be based at Pearson Airpark except as necessary to accommodate emergency, disaster, or national security needs; (7) the total number of airworthy aircraft based at the Airpark shall be determined by the Pearson economic plan in agreement with the Partnership; and (8) the Partnership shall prepare the Pearson Airpark economic viability and mitigation plan as part of the management plan. (Sec. 11) Authorizes the Secretary to provide financial and technical assistance in preparing and developing the compact and management plan. (Sec. 13) Authorizes appropriations.

Bill· SS. 2206 (103rd)open

Federal Acquisition Streamlining Act of 1994

United States · United States Congress · 20 June 1994

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: Acquisition Management Subtitle A: Armed Services Acquisitions Subtitle B: Civilian Agency Acquisitions Subtitle C: Miscellaneous Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Subtitle C: Whistleblower Protection Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Effective Dates and Implementation Federal Acquisition Streamlining Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: 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 to 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. (Sec. 1004) Repeals: (1) expiring authority for the Secretary of Defense (DOD 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 for advisory and assistance services; 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. 1005) Authorizes an agency head to use noncompetitive procedures when necessary to procure expert services for use in any actual or reasonably foreseeable litigation or dispute involving the Federal Government. (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 as soon as practicable after the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within three days after a competitive award; and (3) the head of the procuring 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. (Sec. 1017) Authorizes an agency head to use specified two-phase selection procedures for contracting for property or services acquisition when three or more offers will be received for the contract, substantial design work must be performed before an offeror can develop a price or cost proposal for it, and the offerors will incur a substantial amount of expenses in preparing the offers. 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. (Sec. 1056) Specifies conditions for the use of noncompetitive procedures in the case of a follow-on lease for continued occupancy of particular space in real property leased by a Federal agency. (Sec. 1072) Specifies conditions under which agency heads may enter into multiyear contracts for property or services acquisition. (Sec. 1073) Authorizes agency heads to contract for severable services for periods beginning in one fiscal year and ending in the next, so long as the contract period (regardless of any option to extend) does not exceed one year. (Sec. 1074) Requires revision of the Federal Acquisition Regulation (FAR) with respect to Economy Act purchases of goods and services by a Federal agency under contracts entered into or administered by another agency. Part III: Acquisitions Generally - Amends the Office of Federal Procurement Policy Act (OFPPA) to require the Administrator of the Office of Federal Procurement Policy to prescribe guidelines for Federal agency consideration of the past contract performance of offerors in awarding contracts. (Sec. 1092) 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. Sets forth a formula for annual adjustments to threshold amounts. (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 requirements for commercial item cost or pricing data that applies where competition 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 Acquisitions - 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. 1301) Consolidates the R&D authority of DOD and the military departments and repeals redundant and obsolete research authority. (Sec. 1302) Repeals specified R&D milestone requirements for certain defense research activities. 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 frames 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 when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board) 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 disclosure 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." 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 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) Authorizes the GSA Administrator to provide for the use of Federal supply schedules or other contracts upon request by State or local governments, the District of Columbia, the Commonwealth of Puerto Rico, or Indian tribal governments. Denies such entities any authorization to order existing stock or inventory from Federal supply depots. Authorizes the GSA Administrator to provide specified procurement, warehousing, and related services, upon request, to any qualified nonprofit agency for the blind or other severely handicapped that is to provide a commodity or service to the Federal Government under the Javits-Wagner-O'Day Act. 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 performance-based payments, 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) repeal the mandate for the CG's evaluation of DOD's implementation of allowable cost of defense contract requirements; 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 - Amends OFPPA to exempt from cost accounting standards any firm fixed-price contract or subcontract for commercial items excepted from specified requirements to provide cost or pricing data. (Sec. 2302) Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Administration of Contract Provisions Relating to 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. 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 - Prohibits payment upon request of any equitable adjustment to contract terms or of specified relief that exceeds the simplified acquisition threshold unless the authorized person on behalf of the contractor certifies the request is in good faith and the supporting data, to the certifier's knowledge and belief, are accurate and complete. (Sec. 2501) Restricts future payment under law of subject agency contract claims. (Sec. 2502) Increases the period for submission of certain shipbuilding claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. Grants exclusive Federal jurisdiction to the United States Court of Federal Claims over any civil action or claim against the United States relating in any manner to a contract to which the Contract Disputes Act of 1978 applies. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims (except claims by the Government against a contractor based on a contractor claim involving fraud) 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 and accelerated procedures; (4) reduce the period for filing claim actions in Claims Court; and (5) extend alternative dispute resolution authority. (Sec. 2554) Requires the FAR to include certain requirements for expedited resolution of contract administration complaints received from small business concerns. Title III: Service Specific and Major Systems 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 competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Declares that the Director of Operational Test and Evaluation (OTE Director) shall report directly to the Secretary of Defense. (Sec. 3012) Makes the OTE Director responsible for DOD's live fire testing activities. (Sec. 3013) Requires the OTE Director to submit to the Congress an unclassified as well as any classified version of the annual OTE report. Subtitle C: Service Specific Laws - Amends Federal law to allow the DOD Secretary to accept the gratuitous services of an officer of a reserve component (other than of the Air or Army National Guard) in consultation upon matters relating to the armed forces. (Sec. 3022) Authorizes the DOD Secretary and the secretaries of the military departments, in specified circumstances, to rent samples, drawings, and manufacturing or other information to others. (Sec. 3023) Authorizes the Secretary of the Air Force to contract for the use of military installations, for specified purposes, by Civil Reserve Air Fleet contractors. (Sec. 3024) Authorizes the international exchange of scientific personnel. (Sec. 3025) Repeals the authority of the Secretary of the Navy to make expenditures from any naval appropriation for scientific investigations and research. (Sec. 3026) Repeals: (1) a specified prohibition with respect to the assignment of naval vessel conversion, alteration, and repair projects; and (2) the requirement for construction of naval vessels on the Pacific Coast. (Sec. 3029) Revises requirements with respect to naval salvage facilities. 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. 3051) 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 - Revises authority for storage, handling, and distribution of liquid fuels or natural gas. 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 certain requirements regarding product evaluation activities. (Sec. 3083) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. (Sec. 3084) Denies application to U.S.-manufactured soft drinks of the DOD Secretary's authority to provide for noncompetitive procurement of supplies and services from exchange stores outside the United States. (Sec. 3085) Amends Federal law to repeal a preference for procurement of recycled toner cartridges. 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 FAR for acquisitions under SAT. (Sec. 4013) Requires SAT to provide for certain fast payment procedures and for disbursement of payment through electronic fund transfer, whenever circumstances permit. (Sec. 4014) 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. (Sec. 4015) Authorizes the Administrator for Federal Procurement Policy to develop and implement a Federal Government-wide architecture or design for electronic commerce having specified capabilities, including interoperability among users. Part III: Applicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA to 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. 4022) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, the prohibition against persons convicted of defense-contract related felonies, and requirements for audits, supplier and supply source identification; (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. Requires FAR to provide alternatives to payment bonds as payment protection 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. (Sec. 4103) Amends SBA to repeal specified priorities for the award of Federal contracts and subcontracts to small businesses based on their relation to labor surplus areas. (Sec. 4104) Allows agency heads to: (1) restrict competition for certain non-defense contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals; and (2) use a price evaluation preference of up to ten percent when evaluating an offer from such a concern as the result of an unrestricted solicitation. Subtitle C: Miscellaneous Acquisition Laws - 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. 4152) 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: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal law to declare that it is the policy of Congress that: (1) DOD should achieve, on average, 90 percent of the cost and schedule goals established for its R&D and acquisition programs without reducing the performance or capabilities of the items being acquired; and (2) the average period necessary for converting an emerging technology into initial operational capability for DOD should not exceed eight years. (Sec. 5001) Directs the DOD Secretary to: (1) approve or define the cost, performance, and schedule goals for major DOD defense acquisition programs; (2) identify and consider whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and (3) review the incentives and personnel actions available for encouraging excellence in the defense acquisition workforce, and provide an advanced system of such incentives. (Sec. 5002) Directs the DOD Secretary to define in regulations a simplified acquisition program cycle that is results-oriented. (Sec. 5003) Amends the National Defense Authorization Act for Fiscal Year 1994 to authorize the DOD Secretary to designate specified defense acquisition programs for participation in a certain defense acquisition pilot program. Specifies actions the Secretary is to take in implementing the pilot program. Subtitle B: Civilian Agency Acquisitions - Amends FPASA to set the policy of Congress with respect to 90 percent achievement of cost and schedule goals by civilian agency heads. Requires such agency heads to establish cost, performance, and schedule goals for major acquisition programs of their agencies. (Sec. 5051) Requires the Administrator for Federal Procurement Policy to review the incentives and personnel actions available for encouraging excellence in the Federal acquisition workforce, and provide an advanced system of such incentives. (Sec. 5052) Requires the Administrator for Federal Procurement Policy to develop a results-oriented acquisition process for agency implementation in property and services acquisitions. Subtitle C: Miscellaneous - Amends OFPPA to establish an executive branch awards program to recognize and promote exceptional contract performance by Federal contractors. (Sec. 5092) Amends Federal law with respect to military department authority to acquire certain items to: (1) repeal the authority to acquire designs, processes, and manufacturing data; (2) add authority to acquire technical data and computer software; and (3) authorize acquisition of releases for unauthorized use of such data or software. 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. 6054) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Subtitle C: Whistleblower Protection - Amends Federal law to specify the actions the DOD Secretary may take against a defense contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. (Sec. 6102) Amends OFPPA to prohibit agency contractor reprisals against a contractor employee for disclosure to a Member of Congress or an authorized Federal official of information relating to a substantial violation of law involving an agency contract. Provides for investigation of reprisal complaints and specifies actions an agency head may take against a contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. Title VII: Defense Trade and Cooperation - Repeals obsolete and redundant Buy American Act (BAA) provisions, and provisions under the Trade Agreement 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. (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. Terminates specified DOD authorities with respect to 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 Dates and Implementation - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided. (Sec. 9002) Sets a schedule for publication in the Federal Register of proposed changes to FAR and such other proposed regulations (or changes to existing regulations) as may be necessary to implement this division. (Sec. 9003) Requires the CG to report to specified congressional committees on compliance with such the requirements of this title for issuance and implementation of regulations. (Sec. 9004) Requires modification of the Federal Procurement Data System to collect specified data from contracts exceeding SAT.

Bill· SS. 2208 (103rd)open

Department of Defense Authorization Act for Fiscal Year 1995

United States · United States Congress · 20 June 1994

TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Air Force Programs Subtitle E: Other Matters Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Programs Requirements, Restrictions, and Limitations Subtitle C: Missile Defense Programs Subtitle D: Defense Conversion, Reinvestment, and Transition Assistance Matters Subtitle E: Other Matters Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Defense Business Operations Fund Subtitle C: Environmental Matters Subtitle D: Matters Relating to Department of Defense Civilian Employees Subtitle E: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Subtitle E: Other Matters Title V: Military Personnel Policy| Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay and Survivor Benefits Subtitle E: Defense Conversion, Reinvestment, and Transition Assistance Matters Subtitle F: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Use of Merit Based Selection Procedures Subtitle B: Acquisition Assistance Programs Subtitle C: Other Matters Title IX: Department of Defense Organization and Management Subtitle A: Secretarial Matters Subtitle B: Commission on Roles and Missions of the Armed Forces Subtitle C: Other Matters Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Matters Relating to Allies and Other Nations Subtitle C: Nonproliferation an Counterproliferation of Weapon Systems and Related Systems Subtitle D: Peace Operations Subtitle E: Reporting Requirements Subtitle F: Acceptance of Prerelease Services of Nonviolent Offenders Subtitle G: Other Maters Department of Defense Authorization Act for Fiscal Year 1995 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (RDTE). Authorizes appropriations for the Director, Test and Evaluation and the Director, Operational Test and Evaluation. Earmarks specified RDTE funds for: (1) basic research and exploratory development projects; and (2) the Strategic Environmental Research and Development Program. Subtitle B: Programs Requirements, Restrictions, and Limitations - Directs the Secretary of Defense (Secretary) to continue the demonstration and validation of kinetic energy antisatellite technologies under the tactical antisatellite technologies program. (Sec. 212) Directs the Secretary to transfer: (1) from the Secretary of the Air Force to the Secretary of the Navy, before October 1, 1995, responsibility for management and funding for the MILSTAR communications satellite program; and (2) to the National Aeronautics and Space Administration (NASA) the unobligated balance of funds appropriated to DOD for single-stage to orbit rocket R&D. (Sec. 214) Limits the use of funds appropriated under this Act in connection with: (1) the dismantling of intercontinental ballistic missiles (ICBMs); and (2) seismic monitoring research of nuclear explosions. (Sec. 216) Provides specified requirements before funds appropriated under this Act may be used to procure work from a federally funded R&D center. Reduces by $52.65 million the total amount authorized for RDTE under this title. Subtitle C: Missile Defense Programs - Requires reviews of the compliance with Antiballistic Missile Treaty requirements of the Brilliant Eyes and Navy Upper Tier ballistic missile defense systems. (Sec. 222) Amends the Missile Defense Act of 1991 to repeal provisions concerning: (1) the exclusive program elements for the Ballistic Missile Defense program; (2) R&D for such elements; and (3) Strategic Defense Initiative funding. (Sec. 223) Prohibits the obligation of Ballistic Missile Defense Organization program funds until the Secretary submits a report required under the National Defense Authorization Act for Fiscal Year 1994. Subtitle D: Defense Conversion, Reinvestment, and Transition Assistance Matters - Earmarks and allocates R&D funds authorized under this Act for the defense reinvestment program. Allows such funds to be utilized for related FY 1994 projects. (Sec. 232) Directs the Secretary, with respect to specified technology reinvestment programs, to consider a partnership proposal submitted by a small business without regard to the ability of the small business to immediately meet its share of anticipated partnership costs. Allows such firms 120 days to meet such financial requirements. Requires the Secretary, in establishing or providing financial support of partnerships and cooperative arrangements under defense technology reinvestment projects, to ensure that the principal economic benefits of such partnerships or arrangements accrue to the U.S. economy. (Sec. 234) Directs the Secretary to conduct a program to promote cooperation between DOD laboratories and industry on R&D of dual-use (military and civilian) technologies in order to further certain national security objectives. Outlines program requirements. Directs the Secretary of the Navy to conduct a similar program for cooperation between the Navy and industry on the R&D of such technologies. Provides funding for such programs. Subtitle E: Other Matters - Authorizes the Secretary to enter into cooperative R&D projects with NATO organizations. (Currently, such cooperative projects are permitted only with major U.S. allies.) (Sec. 242) Directs the Secretary to continue the Defense Women's Health Research Program. Requires all military departments to participate in Program activities. Adds to authorized Program activities. Requires an implementation plan and provides funding. (Sec. 243) Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to require an annual report to the Congress from the Semiconductor Technology Council. (Sec. 244) Directs the Secretary of the Navy to report to the Congress on the oceanographic survey and R&D requirements needed to support Navy operations in littoral regions. (Sec. 245) Earmarks funds for completion of certain upgrades at the Los Alamos National Laboratory, New Mexico. (Sec. 246) Authorizes the Secretary to waive certain live-fire testing requirements for the F-22 aircraft program. Requires a certification to the Congress if such testing is determined to be unreasonably expensive and impractical. Provides funds for alternative live-fire testing. (Sec. 247) Earmarks funds for the University Research Initiative Support Program. (Sec. 248) Directs the Secretary to establish a Manufacturing Science and Technology Program to further certain national security objectives. Requires competitive procedures. Provides funding. (Sec. 249) Directs the Secretary to carry out a Defense Experimental Program to Stimulate Competitive Research as part of the DOD university research programs. Specifies program objectives and provides for the designation of eligible States. Requires coordination with similar Federal programs. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for operation and maintenance for the armed forces (including its reserve and National Guard components), defense-wide activities, defense medical programs, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, defense, humanitarian assistance, former Soviet Union threat reduction, international peacekeeping and peace enforcement activities, and support for the 1996 Summer Olympics. Authorizes appropriations for DOD working capital funds. (Sec. 303) Authorizes appropriations for operations of the armed forces retirement homes. Obligates specified funds for operation and maintenance for FY 1995 from the National Security Education Trust Fund and from the National Defense Stockpile Transaction Fund. (Sec. 306) Authorizes the Secretary to provide logistical support and personnel services in connection with the 1995 Special Olympics World Games in New Haven, Connecticut. Authorizes appropriations. Subtitle B: Defense Business Operation Fund - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to make permanent the authority of the Secretary to use the Defense Business Operations Fund (Fund) to manage the working capital funds as well as industrial, commercial, and support-type activities. (Sec. 312) Directs the Secretary to report to the Senate and House Armed Services Committees (defense committees) on implementation of the Fund's Improvement Plan of September 1993. Requires the Comptroller General to monitor and evaluate the progress of such implementation and to report to the defense committees. (Sec. 313) Limits to $1.5 million the FY 1995 obligations against funds in the capital asset subaccount of the Fund. Limits the FY 1995 obligations against the supply management divisions of the Fund, with a waiver by the Secretary for combat readiness purposes. Subtitle C: Environmental Matters - Prohibits the use of FY 1995 DOD funds for the purchase of surety bonds or other guarantees of financial responsibility in guaranteeing the performance of any direct function of DOD. (Sec. 322) Extends through FY 1995 the prohibition on the use of DOD environmental restoration funds for the payment of fines or penalties assessed against DOD. (Sec. 323) Allows any federally recognized Indian tribe to participate in DOD environmental restoration programs. Subtitle D: Matters Relating to Department of Defense Civilian Employees - Extends certain military personnel transition assistance authorities. (Sec. 332) Extends permanently the China Lake personnel demonstration project at China Lake, California. Authorizes the Secretary to carry out such projects at designated DOD science and technology reinvention laboratories. (Sec. 333) Provides limitation on severance pay to certain DOD civilian employees transferring to employment positions in defense nonappropriated fund instrumentalities. Provides credit, for retirement purposes, for certain service performed in such instrumentalities between January 1, 1966, and December 31, 1986. (Sec. 335) Provides travel, transportation, and relocation allowances for DOD employees transferring to the U.S. Postal Service. (Sec. 336) Includes foreign nationals employed by a foreign government for the benefit of DOD among the foreign nationals for whom separation pay is authorized. (Sec. 337) Expands DOD's authority to accept and utilize voluntary services, with certain requirements and limitations. Allows the Secretary to reimburse a person for incidental expenses incurred in providing such services. Subtitle E: Other Matters - Requires the Secretary to ensure that the current performance by DOD of a depot-level maintenance workload having a value of $3 million or more is not changed to performance by contractor or another depot-level maintenance activity of DOD unless the change is made using: (1) maintenance-based selection procedures among all DOD depot-level maintenance activities; or (2) competitive procedures among private and public sector entities. (Sec. 342) Authorizes the Secretary of the Air Force to: (1) provide funds for the national headquarters of the Civil Air Patrol; and (2) allow the Patrol to employ retired Air Force personnel in administration and liaison officer positions. (Sec. 343) Increases from 50 cents to two dollars the amount authorized to be deducted monthly from the pay of military personnel and used in support of armed forces retirement homes. Modifies the fee paid by residents of such homes. Directs the Chairman of the Armed Forces Retirement Home Board to study, and report to the defense committees on, alternatives for modernization of the facilities at the U.S. Soldiers' and Airmen's Home. (Sec. 344) Amends the National Defense Authorization Act for Fiscal Year 1993 to include medical transportation as one of the benefits under the National Guard pilot program. (Sec. 345) Authorizes the Secretary of the Army, after obtaining advanced budget authority, to carry out a loan guarantee program to encourage commercial firms to use ammunition manufacturing facilities pursuant to provisions of the Armament Retooling and Manufacturing Support Act of 1992. Provides for program administration, loan limits, and reporting requirements. Extends the authority for such alternative use through FY 1996. (Sec. 346) Authorizes the Secretary of Defense, upon determining that appropriate educational programs are not available through a local educational agency for dependents of military and civilian DOD personnel residing at a military installation in the United States, to provide for the elementary and secondary education of such dependents. Provides eligibility for such education to the dependents of other Federal employees residing on a military installation at any time during the school year. Requires the Secretary to establish a school board for each DOD elementary and secondary school so established. Provides for school administration, staffing, and compensation. Requires the Secretary to provide specified substantive rights, protections, and procedural safeguards for dependents participating in the educational programs. Earmarks certain funds authorized under this Act for assistance to local educational agencies that benefit dependents of military and civilian DOD personnel. (Sec. 348) Allows proceeds from operation of the naval academy laundry to be used for its operating expenses. (Sec. 349) Repeals the annual limit on the amount of funds authorized to be expended by the Defense Inspector General for emergency and extraordinary expenses. (Sec. 350) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1996 the authority for a program to commemorate World War II. (Sec. 351) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1995 the authority for aviation depots and naval shipyards to engage in defense-related production and services. (Sec. 352) Provides for the transfer of certain excess DOD property to educational institutions and training schools. Provides for the surplus treatment of property so loaned before September 30, 1993. (Sec. 353) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a provision requiring the conversion of naval ships' stores from an activity funded by direct appropriations to one funded by nonappropriated fund instrumentalities. (Sec. 354) Authorizes the Secretary to carry out a humanitarian program providing for instruction, education, training, and advising of personnel of other nations in procedures for detecting and clearing landmines. Provides funding. (Sec. 355) Earmarks funds authorized under this Act for obtaining emergency communications services for military personnel (and their dependents) from the American National Red Cross. (Sec. 356) Allows no more than three foreign-built vessels to be purchased for the Marine Corps maritime prepositioning ship program with funds in the National Defense Sealift Fund. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes the FY 1995 end strengths for active duty military personnel. (Sec. 402) Extends through FY 1997 the authority for the temporary variation in end strength limitations for Marine Corps majors and lieutenant colonels. (sec. 403) Allows an authorized strength of 68 general officers on active duty in the Marine Corps after FY 1995. (Sec. 404) Excludes certain commanders or deputy commanders of combatant or allied commands from the limitation on the number of officers serving on active duty. (Sec. 405) Excludes, upon certain conditions, the next Superintendent of the U.S. Naval Academy from the number of senior admirals authorized to be serving on active duty. Subtitle B: Reserve Forces - Authorizes the FY 1995 end strengths for reserve and National Guard personnel. Allows the Secretary to increase such end strengths by up to two percent. Provides for certain end strength adjustments for members of the Selected Reserve. Sets forth the end strength for members of the reserve serving on active duty in support of the reserve. Subtitle C: Military Training Student Loads - Provides the authorized average military training student loads for FY 1995. Subtitle D: Authorization of Appropriations - Authorizes $70.79 billion to DOD for FY 1995 for military personnel. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring a specified reduction in recruiting personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Allows certain officers to serve on successive military selection boards. (Sec. 502) Excepts certain warrant officers from mandatory consideration by promotion selection boards. States that a warrant officer shall be considered to have accepted a higher appointment on the date of the appointment, unless the officer expressly declines. Precludes a new oath of office for promoted warrant officers who have served continuously since taking their original oath of office. (Sec. 503) Provides for either enlistment or retirement of Navy and Marine Corps limited duty officers who have twice failed in selection for promotion. (Sec. 504) Revises the educational requirements for appointments in reserve grades above first lieutenant or lieutenant junior grade. Provides an exception to the baccalaureate degree requirement for Native Alaskans serving as Scout officers in a reserve unit. Subtitle B: Reserve Component Matters - Directs the Secretary to review, and report to the defense committees on, the opportunities for ordering individual reservists to active duty with their consent. (Sec. 512) Extends from 90 to 180 days the authorized period of active duty service for Selected Reserve forces mobilized for reasons other than war or national emergency. Requires a report. (Sec. 513) Repeals obsolete Federal provisions relating to the transfer of regular enlisted personnel to reserve components. Subtitle C: Other Matters - Directs the Secretary of the Army to review two dismissals from the U.S. Military Academy in 1874 and 1882, respectively, in order to determine whether racial prejudice or other improper factors tainted the original proceedings. Requires a correction of records or the presidential issuance of a posthumous commission as Army officers for such personnel if the dismissals were found to have been an error or injustice. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives a required military pay raise in conformity with increases in the General Schedule of the Federal Government and provides for a 2.6 percent increase, effective on January 1, 1995, in the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1996 the authority for certain bonuses and special and incentive pay for reserve personnel. Extends through FY 1998 certain bonuses and special pay for nurse officer candidates, registered nurses, and nurse anesthetists (increasing the special pay for the latter). Extends the authority for the payment of certain other bonuses and special pay. Subtitle C: Travel and Transportation Allowances - Transfers from the Secretary of the Army to the Secretary of Defense responsibility for the preparation of transportation mileage tables (used for travel allowance determination purposes). Subtitle D: Retired Pay and Survivor Benefits - Revises a provision concerning the calculation of retired pay for officers retiring in a grade lower than the grade held at retirement. (Sec. 632) Provides for the crediting of certain reserve service performed by enlisted personnel in the computation of retired military pay, using a special formula. (Sec. 633) Amends the Federal criminal code to provide forfeiture of military annuities or retired pay for members convicted of espionage. Subtitle E: Defense Conversion, Reinvestment, and Transition Assistance Matters - Provides, for personnel retired under the special temporary retirement authority, eligibility for Servicemen's Group Life Insurance coverage. Requires payment of appropriate premiums. (Sec. 642) Amends the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 to provide an annual payment for at least one but no more than five years to members retired under the National Guard and reserve transition initiative. (Currently, a five-year payment is required.) Adds provisions concerning the computation of the annual payment and its coordination with retired pay. (Sec. 643) Increases the eligibility and application periods for former military personnel wishing to enter a DOD program for assistance in obtaining certification and employment as teachers or teachers' aides. (Sec. 644) Revises Federal provisions concerning the authority of the Secretary to assist separated members to obtain employment with law enforcement agencies to: (1) include within such employment work with Indian tribes in which law enforcement functions are performed; (2) increase eligibility for such assistance to any member or former member who is separated during the six-year period beginning October 1, 1993, under honorable conditions; (3) provide preferences for involuntarily separated personnel or those having an occupational specialty, training, or experience related to law enforcement; (4) require the Attorney General (currently the Secretary) to administer the program and distribute grant funds; (5) limit individual grants to $50,000; (6) limit program administrative expenses to ten percent; and (7) require sufficient appropriated funds before a former member may be selected to participate in the program. (Sec. 645) Amends the National and Community Service Act of 1990 to prohibit certain retired pay reductions in the case of a former member being paid as a member of the cadre of the Civilian Community Corps. Subtitle F: Other Matters - Provides eligibility for retirement, placement on the temporary disability retired list, or separation for officer candidates granted excess leave due to a physical disability. (Sec. 652) Allows members of the Selected Reserve in good standing to use morale, welfare, and recreation facilities on the same basis as active duty personnel. Provides the same privilege for: (1) retirees under the age of 60; (2) members of the Ready Reserve not in the Selected Reserve; and (3) dependents of members of the Selected Reserve. (Sec. 653) Authorizes the Secretary to carry out a program to provide special supplemental food benefits to military personnel on duty at stations outside the United States, as well as eligible civilians serving with, employed by, or accompanying such personnel. (Sec. 654) Authorizes the military Secretary concerned, the Judge Advocate General of a military department, or the Chief Counsel of the Coast Guard to reimburse a member of the armed forces in an amount up to $100,000 for losses of household effects caused by hostile action during a move necessitated by a change of permanent duty station. Allows such reimbursement only to the extent that the loss is not covered by applicable insurance. Applies such coverage with respect to losses incurred after June 30, 1990. Title VII: Health Care Provisions - Revises the definition of dependents, for purposes of eligibility for health care benefits under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), to include an unmarried person placed in the home of a member or former member of the armed forces in anticipation of legal adoption. (Sec. 702) Authorizes the Secretary to establish basic dental benefit plans for spouses and children who accompany military personnel on permanent assignments outside the United States. (Sec. 703) Provides conditions under which medical and dental care shall be authorized for abused dependents of military personnel who are convicted for such abuse by court-martial or civil court. (Sec. 704) Provides for the coordination of CHAMPUS benefits with those provided under title XVIII (Medicare) of the Social Security Act. (Sec. 705) Provides reimbursement to CHAMPUS health care providers for the cost of obtaining a professional license when such license is required by the local government involved. (Sec. 706) Directs the Secretary to develop, carry out, and report on a demonstration program to evaluate the feasibility and desirability of furnishing chiropractic care through the medical facilities of the armed forces. Requires the Secretary to establish an oversight advisory committee for assistance in the development and conduct of the demonstration program. (Sec. 707) Amends the National Defense Authorization Act for Fiscal Year 1993 to state that the annual CHAMPUS health survey required under such Act shall not be treated as a "collection of information" as such term is used in Federal provisions concerning information policy. (Sec. 708) Amends the Social Security Act to establish a Medicare special enrollment period for certain military retirees and their dependents when their military treatment facility has closed. Provides for: (1) coverage periods for such enrollments; and (2) DOD payment on behalf of such enrollees of the Medicare Part B late enrollment penalty. (Sec. 709) Amends the National Defense Authorization Act for Fiscal Year 1993 to allow individuals who obtained pharmaceuticals at a closed military health care facility to participate in a DOD program providing for the sale by mail of pharmaceuticals to eligible military personnel and their dependents. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Use of Merit Based Selection Procedures - Expresses as congressional policy that any program, project, or technology identified in legislation should be procured through merit-based selection procedures. Prohibits DOD from being required to award a new contract or grant to a specific non-Government entity unless strict conditions are met. Requires congressional notification of attempted exceptions to such prohibition. (Sec. 802) Extends permanently an annual reporting requirement on the use of competitive procedures for awarding certain contracts to colleges and universities. Subtitle B: Acquisition Assistance Programs - Earmarks specified funds authorized under this Act for the defense procurement technical assistance programs. Earmarks other funds authorized under this Act for: (1) the pilot Mentor-Protege Program; and (2) infrastructure assistance for historically Black colleges and other minority institutions. (Sec. 814) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1998 a test program for the negotiation of comprehensive small business subcontracting plans. (Sec. 815) Prohibits the expenditure of funds authorized by this Act for specified acquisition activities until the Secretary takes action with respect to: (1) issuing regulations with respect to small business subcontracting set asides and bid proposals; and (2) DOD policy regarding the Mentor-Protege Program. Subtitle C: Other Matters - Prohibits the use of funds for specified acquisition activities pending submission to the Congress by the Secretary of a national technology and industrial base periodic defense capability assessment and a periodic defense capability plan. (Sec. 822) Directs the President to take certain required industrial mobilization actions through the head of any military department (currently, through the Secretary). (Sec. 823) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend permanently the authority for DOD to share equitably the costs of claims under international armaments cooperative programs. (Sec. 824) Specifies factors to be considered by the Secretary when determining whether the application of certain provisions of the Buy American Act is inconsistent with the public interest. Title IX: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Establishes the 11th position of Assistant Secretary of Defense. Places the General Counsel of each of the military departments third in the order of succession to the Secretaries of such departments. Subtitle B: Commission on Roles and Missions of the Armed Forces - Amends the National Defense Authorization Act for Fiscal Year 1994 to require the Commission on Roles and Missions of the Armed Forces to review the role of the National Guard and other reserve components. Directs the Secretary, upon request, to make available to the Commission the services of one or more federally funded R&D centers covered by DOD sponsoring agreements. Subtitle C: Other Matters - Requires (current law authorizes) the inclusion within the membership of the Reserve Forces Policy Board of an officer of the regular Marine Corps and a regular military officer serving in a position on the Joint Staff. (Sec. 922) Prohibits the closure of the Uniformed Services University of the Health Sciences. Expresses the sense of the Congress that the Secretary should budget for the ongoing operation of the University. (Sec. 923) Authorizes the Secretary to provide joint duty credit for certain duty performed during military operations in support of unified, combined, or United Nations military operations. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in Division A for FY 1995 between any such authorizations for that fiscal year. Limits to $2 billion the total amount authorized for such transfers. Requires notification to the Congress of any transfers so made. (Sec. 1002) Authorizes emergency supplemental appropriations for FY 1994 for costs of ongoing U.S. operations in Somalia, Bosnia, Southwest Asia, and Haiti. Allocates such funds among military personnel, operation and maintenance, and procurement. (Sec. 1003) Changes the date for submission of the DOD future-years mission budget from the same time as submission of the defense budget each year to 60 days after such date. Subtitle B: Matters Relating to Allies and Other Nations - Amends the: (1) National Defense Authorization Act for Fiscal Year 1993 to repeal a limitation on overseas U.S. end strengths; and (2) National Defense Authorization Act, 1985, to revise the end strengths of U.S. military personnel assigned to permanent duty ashore in European member nations of NATO. (Sec. 1013) Earmarks funds authorized under this Act for cooperative threat reduction with states of the former Soviet Union under the Cooperative Threat Reduction Act of 1993. Extends certain semiannual reporting requirements under such Act. (Sec. 1014) Expresses congressional findings concerning defense cooperation between the United States and Israel. Encourages the President to ensure that any conventional defense system or technology offered for release to NATO allies should be simultaneously offered to Israel. Urges the President to make available to Israel advanced U.S. technology necessary for continued progress in U.S.-Israel R&D of theater missile defenses. (Sec. 1015) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to encourage a democratic orientation of defense establishments and military forces of other countries. Provides funding. (Sec. 1016) Authorizes the President to conduct disaster relief activities outside the United States to respond to manmade or natural disasters when necessary to prevent the loss of lives. Requires a report to the Congress within 48 hours after commencement of such activities. Provides funding. Subtitle C: Nonproliferation and Counterproliferation of Weapon Systems and Related Systems - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority for certain nuclear nonproliferation activities under such Act; (2) add to the purposes of such Act the prevention of biological, chemical, and missile proliferation; and (3) define FY 1995 funding sources for such activities. (Sec. 1022) Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) redesignate the Nonproliferation Program Review Committee as the Counterproliferation Program Review Committee; (2) designate the Secretary of Energy as the Vice Chairman of the Committee; (3) add to Committee purposes the coordination and funding of DOE related programs and R&D; (4) repeal various provisions concerning purposes, duties, and budget recommendations of the Committee; and (5) terminate the Committee after September 30, 1996. (Sec. 1023) Directs the Secretary to submit annual reports to the appropriate congressional committees on findings of the above Committee. (Sec. 1024) Earmarks funds authorized under this Act for: (1) counterproliferation activities; and (2) education in support of such activities. (Sec. 1025) Prohibits DOD travel funds from being expended for travel by the Assistant Secretary for International Security Policy until the Secretary submits certain reports and certifications required under prior law concerning the proliferation of foreign military satellites. Subtitle D: Peace Operations - Directs the Secretary to submit to the defense committees two reports on U.S. proposals for improving United Nations (UN) management of peace operations. (Sec. 1032) Expresses the sense of the Congress concerning support for international peacekeeping and peace enforcement activities. Authorizes the Secretary to: (1) pay the U.S. fair share of such activities in which U.S. combat forces participate; and (2) furnish assistance, on a reimbursable basis, in support of such activities. Requires 15 days' advance notice to designated congressional committees before the Secretary may take either action, with certain determinations to be included in such notice. Directs the President to require reimbursement from the UN or another source for the use of U.S. armed forces in support of such activities or for the provision of assistance. Allows the waiver of such reimbursement in exceptional circumstances. Establishes the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for paying assessments for UN operations under the program. Prohibits the payment of such assessments when U.S. combat forces are not involved. Authorizes appropriations for FY 1995 for the Fund. Subtitle E: Reporting Requirements - Expresses congressional findings, and requires a report from the Secretary to the defense committees, with respect to the status of the offensive biological warfare program in the Russian Federation and other independent states of the former Soviet Union. (Sec. 1042) Specifies reporting requirements which are not to be considered terminated under the National Defense Authorization Act for Fiscal Year 1994. Subtitle F: Acceptance of Pre-release Services of Nonviolent Offenders - Authorizes the Secretary of a military department to accept specified services from nonviolent offenders incarcerated in a correctional facility of a State or local government. Provides: (1) conditions for acceptance of such services; and (2) specific limits on payments to State or local governments for the costs incurred in the provision of such services. Prohibits compensating any offender for services provided. (Sec. 1052) Amend the National Defense Authorization Act for Fiscal Year 1994 to add provisions which assure U.S. indemnification in connection with provision by the Secretary of prerelease employment training to nonviolent offenders incarcerated in State penal systems. (Sec. 1053) Authorizes the Secretary of the Army to conduct a demonstration project to test the feasibility of using Army facilities to provide employment training to nonviolent offenders in a State penal system prior to their release from incarceration. Subtitle G: Other Matters - Redesignates: (1) the U.S. Court of Military Appeals as the U.S. Court of Appeals for the Armed Services; and (2) the Court of Military Review as the Court of Military Criminal Appeals. (Sec. 1062) Directs the Secretary to designate a DOD official to serve as a single point of contact for immediate family members of any unaccounted-for Korean conflict or Cold War prisoner of war (POW) or missing in action (MIA). Outlines appropriate functions for such official. (Sec. 1063) Authorizes members and units of the National Guard to provide assistance to specified youth and charitable organizations if such assistance does not hamper the performance of duty, such assistance is not otherwise commercially available, and such assistance will enhance the Guard's military skills while not resulting in a significant increase in training costs. Provides authorized services and eligible organizations. (Sec. 1064) Prohibits any person, except with the written consent of the Secretary, from knowingly using the words "Defense Mapping Agency" or its initials, seal, or other imitations in connection with any merchandise. Prohibits any person from bringing an action against the United States on the basis of the content of a navigational aid prepared by such Agency. (Sec. 1065) Authorizes the Secretary of the Navy to transfer to Brazil specified naval vessels on a lease basis. Waives the requirement of a congressional notification. Requires transfer costs to be borne by Brazil. Terminates such transfer authority two years after enactment of this Act, but allows for the renewal of leases entered into during such period. (Sec. 1066) Directs the Secretary of the Army to transfer to the Marine Corps any Army M1A1 tanks that become excess to the requirements of the regular Army, up to the amount needed to satisfy the Marine Corps requirement for tanks. (Sec. 1067) Prohibits any funds available to DOD from being expended to merge defense telecommunications systems with any civil telecommunications system until the Secretary reports certain information to the congressional committees, and 30 days have elapsed since such notification.

Bill· SS. 2211 (103rd)open

Omnibus National Defense Authorization Act for Fiscal Year 1995

United States · United States Congress · 20 June 1994

TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Air Force Programs Subtitle E: Other Matters Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Missile Defense Programs Subtitle D: Defense Conversion, Reinvestment, and Transition Assistance Matters Subtitle E: Other Matters Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Defense Business Operations Fund Subtitle C: Environmental Matters Subtitle D: Matters Relating to Department of Defense Civilian Employees Subtitle E: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Military Training Student Loads Subtitle D: Authorization of Appropriations Subtitle E: Other Matters Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Reserve Component Matters Subtitle C: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay and Survivor Benefits Subtitle E: Defense Conversion, Reinvestment, and Transition Assistance Matters Subtitle F: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Use of Merit Based Selection Procedures Subtitle B: Acquisition Assistance Programs Subtitle C: Other Matters Title IX: Department of Defense Organization and Management Subtitle A: Secretarial Matters Subtitle B: Commission on Roles and Missions of the Armed Forces Subtitle C: Other Matters Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Matters Relating to Allies and Other Nations Subtitle C: Nonproliferation and Counterproliferation of Weapon Systems and Related Systems Subtitle D: Peace Operations Subtitle E: Reporting Requirements Subtitle F: Acceptance of Prerelease Services of Nonviolent Offenders Subtitle G: Other Matters Division B: Military Construction Authorization Title XXI(sic): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure Matters Subtitle C: Land Transactions Generally Subtitle D: Changes to Existing Land Transaction Authority Subtitle E: Other Matters Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI(sic): Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Authorization Title XXXIII: National Defense Stockpile Title XXXIV: Civil Defense Title XXXV: Panama Canal Commission Division D: Federal Acquisition Streamlining Title XLI(sic): 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 XLII: 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 XLIII: 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 XLIV: 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 XLV: Acquisition Management Subtitle A: Armed Services Acquisitions Subtitle B: Civil Agency Acquisitions Subtitle C: Miscellaneous Title XLVI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Subtitle C: Whistleblower Protection Title XLVII: Defense Trade and Cooperation Title XLVIII: Commercial Items Title XLIX: Miscellaneous Provisions Title L: Effective Dates and Implementation Title LI: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers Omnibus National Defense Authorization Act for Fiscal Year 1995 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for procurement for the Army, Navy and Marine Corps, and Air Force. Authorizes appropriations for FY 1995 for: (1) defense-wide procurement; (2) the National Guard and reserve components of the armed forces; and (3) the chemical demilitarization program. Authorizes the Department of Defense (DOD) to obligate and expend specified prior-year authorized but unobligated defense research and development (R&D) funds for such program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for procurement of the M1A2 Abrams tank upgrades. (Sec. 112) Directs the Secretary of the Army to transfer one M1A1 common tank to the Marine Corps Reserve by a conditional date. (Sec. 113) Allows certain funds available to the Army to be used for a replacement surveillance system for the OV-1 aircraft deployed in Korea. (Sec. 114) Earmarks Army procurement funds authorized under this Act for the procurement of specified small arms. Authorizes the Secretary of the Army to enter into multiyear contracts during FY 1995 for the Army's acquisition of small arms weapons. Directs the Secretaries of the military departments to jointly develop a master plan for meeting the immediate and future military needs for small arms. Earmarks funds for the objective Crew-Served Weapons System and for improvements to existing small arms weapons. Subtitle C: Navy Programs - Transfers $1.2 billion from the National Defense Sealift Fund for the CVN-76 nuclear aircraft carrier program. Subtitle D: Air Force Programs - Authorizes the Secretary of the Air Force to enter into supplemental agreements relating to the settlement of claims under the C-17 aircraft program, requiring certain settlement conditions. Requires a 30-day congressional notification period. Subtitle E: Other Matters - Earmarks $150 million in Air Force procurement funds authorized under this Act for the preservation of the B-2 bomber industrial base. Prohibits any such funds from being used to purchase B-2 parts not previously acquired or planned. Exempts such funds from certain limitations on total program costs. (Sec. 142) Earmarks funds authorized under this Act for the procurement of electric and hybrid vehicles for military uses and the commercialization of such vehicles for nonmilitary uses. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (RDTE). Authorizes appropriations for the Director, Test and Evaluation and the Director, Operational Test and Evaluation. Earmarks specified RDTE funds for: (1) basic research and exploratory development projects; and (2) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary of Defense (Secretary) to continue the demonstration and validation of kinetic energy antisatellite technologies under the tactical antisatellite technologies program. (Sec. 212) Directs the Secretary to transfer: (1) from the Secretary of the Air Force to the Secretary of the Navy, before October 1, 1995, responsibility for management and funding for the MILSTAR communications satellite program; and (2) to the National Aeronautics and Space Administration (NASA) the unobligated balance of funds appropriated to DOD for single-stage to orbit rocket R&D. (Sec. 214) Limits the use of funds appropriated under this Act in connection with: (1) the dismantling of intercontinental ballistic missiles (ICBMs); and (2) seismic monitoring research of nuclear explosions. (Sec. 216) Provides specified requirements before funds appropriated under this Act may be used to procure work from a federally funded R&D center. Reduces by $52.65 million the total amount authorized for RDTE under this title. Subtitle C: Missile Defense Program - Requires reviews of the compliance with Antiballistic Missile Treaty requirements of the Brilliant Eyes and Navy Upper Tier ballistic missile defense systems. (Sec. 222) Amends the Missile Defense Act of 1991 to repeal provisions concerning: (1) the exclusive program elements for the Ballistic Missile Defense program; (2) R&D for such elements; and (3) Strategic Defense Initiative funding. (Sec. 223) Prohibits the obligation of Ballistic Missile Defense Organization program funds until the Secretary submits a report required under the National Defense Authorization Act for Fiscal year 1994. Subtitle D: Defense Conversion, Reinvestment, and Transition Assistance Matters - Earmarks and allocates R&D funds authorized under this Act for the defense reinvestment program. Allows such funds to be utilized for related FY 1994 projects. (Sec. 232) Directs the Secretary, with respect to specified technology reinvestment programs, to consider a partnership proposal submitted by a small business without regard to the ability of the small business to immediately meet its share of anticipated partnership costs. Allows such firms 120 days to meet such financial requirements. Requires the Secretary, in establishing or providing financial support of partnerships and cooperative arrangements under defense technology reinvestment projects, to ensure that the principal economic benefits of such partnerships or arrangements accrue to the U.S. economy. (Sec. 234) Directs the Secretary to conduct a program to promote cooperation between DOD laboratories and industry on R&D of dual-use (military and civilian) technologies in order to further certain national security objectives. Outlines program requirements. Directs the Secretary of the Navy to conduct a similar program for cooperation between the Navy and industry on the R&D of such technologies. Provides funding for such programs. Subtitle E: Other Matters - Authorizes the Secretary to enter into cooperative R&D projects with NATO organizations. (Currently, such cooperative projects are permitted only with major U.S. allies.) (Sec. 242) Directs the Secretary to continue the Defense Women's Health Research Program. Requires all military departments to participate in Program activities. Adds to authorized Program activities. Requires an implementation plan and provides funding. (Sec. 243) Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to require an annual report to the Congress from the Semiconductor Technology Council. (Sec. 244) Directs the Secretary of the Navy to report to the Congress on the oceanographic survey and R&D requirements needed to support Navy operations in littoral regions. (Sec. 245) Earmarks funds for completion of certain upgrades at the Los Alamos National Laboratory, New Mexico. (Sec. 246) Authorizes the Secretary to waive certain live-fire testing requirements for the F-22 aircraft program. Requires a certification to the Congress if such testing is determined to be unreasonably expensive and impractical. Provides funds for alternative live-fire testing. (Sec. 247) Earmarks funds for the University Research Initiative Support Program. (Sec. 248) Directs the Secretary to establish a Manufacturing Science and Technology Program to further certain national security objectives. Requires competitive procedures. Provides funding. (Sec. 249) Directs the Secretary to carry out a Defense Experimental Program to Stimulate Competitive Research as part of the DOD university research programs. Specifies program objectives and provides for the designation of eligible States. Requires coordination with similar Federal programs. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for operation and maintenance for the armed forces (including its reserve and National Guard components), defense-wide activities, defense medical programs, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, defense, humanitarian assistance, former Soviet Union threat reduction, international peacekeeping and peace enforcement activities, and support for the 1996 Summer Olympics. Authorizes appropriations for DOD working capital funds. (Sec. 303) Authorizes appropriations for operations of the armed forces retirement homes. Obligates specified funds for operation and maintenance for FY 1995 from the National Security Education Trust Fund and from the National Defense Stockpile Transaction Fund. (Sec. 306) Authorizes the Secretary to provide logistical support and personnel services in connection with the 1995 Special Olympics World Games in New Haven, Connecticut. Authorizes appropriations. Subtitle B: Defense Business Operations Fund - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to make permanent the authority of the Secretary to use the Defense Business Operations Fund (Fund) to manage the working capital funds as well as industrial, commercial, and support-type activities. (Sec. 312) Directs the Secretary to report to the Senate and House Armed Services Committees (defense committees) on implementation of the Fund's Improvement Plan of September 1993. Requires the Comptroller General to monitor and evaluate the progress of such implementation and to report to the defense committees. (Sec. 313) Limits to $1.5 million the FY 1995 obligations against funds in the capital asset subaccount of the Fund. Limits the FY 1995 obligations against the supply management divisions of the Fund, with a waiver by the Secretary for combat readiness purposes. Subtitle C: Environmental Matters - Prohibits the use of FY 1995 DOD funds for the purchase of surety bonds or other guarantees of financial responsibility in guaranteeing the performance of any direct function of DOD. (Sec. 322) Extends through FY 1995 the prohibition on the use of DOD environmental restoration funds for the payment of fines or penalties assessed against DOD. (Sec. 323) Allows any federally recognized Indian tribe to participate in DOD environmental restoration programs. Subtitle D: Matters Relating to Department of Defense Civilian Employees - Extends certain military personnel transition assistance authorities. (Sec. 332) Extends permanently the China Lake personnel demonstration project at China Lake, California. Authorizes the Secretary to carry out such projects at designated DOD science and technology reinvention laboratories. (Sec. 333) Provides limitations on severance pay to certain DOD civilian employees transferring to employment positions in defense nonappropriated fund instrumentalities. Provides credit, for retirement purposes, for certain service performed in such instrumentalities between January 1, 1966, and December 31, 1986. (Sec. 335) Provides travel, transportation, and relocation allowances for DOD employees transferring to the U.S. Postal Service. (Sec. 336) Includes foreign nationals employed by a foreign government for the benefit of DOD among the foreign nationals for whom separation pay is authorized. (Sec. 337) Expands DOD's authority to accept and utilize voluntary services, with certain requirements and limitations. Allows the Secretary to reimburse a person for incidental expenses incurred in providing such services. Subtitle E: Other Matters - Requires the Secretary to ensure that the current performance by DOD of a depot-level maintenance workload having a value of $3 million or more is not changed to performance by contractor or another depot-level maintenance activity of DOD unless the change is made using: (1) maintenance-based selection procedures among all DOD depot-level maintenance activities; or (2) competitive procedures among private and public sector entities. (Sec. 342) Authorizes the Secretary of the Air Force to: (1) provide funds for the national headquarters of the Civil Air Patrol; and (2) authorize the Patrol to employ retired Air Force personnel in administration and liaison officer positions. (Sec. 343) Increases from 50 cents to two dollars the amount authorized to be deducted monthly from the pay of military personnel and used in support of armed forces retirement homes. Modifies the fee paid by residents of such homes. Directs the Chairman of the Armed Forces Retirement Home Board to study and report to the defense committees on alternatives for modernization of the facilities at the U.S. Soldiers' and Airmen's Home. (Sec. 344) Amends the National Defense Authorization Act for Fiscal Year 1993 to include medical transportation as one of the benefits under the National Guard pilot program. (Sec. 345) Authorizes the Secretary of the Army, after obtaining advanced budget authority, to carry out a loan guarantee program to encourage commercial firms to use ammunition manufacturing facilities pursuant to provisions of the Armament Retooling and Manufacturing Support Act of 1992. Provides for program administration, loan limits, and reporting requirements. Extends the authority for such alternative use through FY 1996. (Sec. 346) Authorizes the Secretary of Defense, upon determining that appropriate educational programs are not available through a local educational agency for dependents of military and civilian DOD personnel residing at a military installation in the United States, to provide for the elementary and secondary education of such dependents. Provides eligibility for such education to dependents of other Federal employees residing on a military installation at any time during the school year. Requires the Secretary to establish a school board for each DOD elementary and secondary school so established. Provides for school administration, staffing, and compensation. Requires the Secretary to provide specified substantive rights, protections, and procedural safeguards for dependents participating in the educational programs. Earmarks certain funds authorized under this Act for assistance to local educational agencies that benefit dependents of military and civilian DOD personnel. (Sec. 348) Allows proceeds from operation of the naval academy laundry to be used for its operating expenses. (Sec. 349) Repeals the annual limit on the amount of funds authorized to be expended by the Defense Inspector General for emergency and extraordinary expenses. (Sec. 350) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1996 the authority for a program to commemorate World War II. (Sec. 351) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1995 the authority for aviation depots and naval shipyards to engage in defense-related production and services. (Sec. 352) Provides for the transfer of certain excess DOD property to educational institutions and training schools. Provides for the surplus treatment of property so loaned before September 30, 1993. (Sec. 353) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a provision requiring the conversion of naval ships' stores from an activity funded by direct appropriations to one funded by nonappropriated fund instrumentalities. (Sec. 354) Authorizes the Secretary to carry out a humanitarian program providing for instruction, education, training, and advising of personnel of other nations in procedures for detecting and clearing landmines. Provides funding. (Sec. 355) Earmarks funds authorized under this Act for obtaining emergency communications services for military personnel (and their dependents) from the American National Red Cross. (Sec. 356) Allows no more than three foreign-built vessels to be purchased for the Marine Corps maritime prepositioning ship program with funds in the National Defense Sealift Fund. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes the FY 1995 end strengths for active duty military personnel. (Sec. 402) Extends through FY 1997 the authority for the temporary variation in end strength limitations for Marine Corps majors and lieutenant colonels. (sec. 403) Allows an authorized strength of 68 general officers on active duty in the Marine Corps after FY 1995. (Sec. 404) Excludes certain commanders or deputy commanders of combatant or allied commands from the limitation on the number of officers serving on active duty. (Sec. 405) Excludes, upon certain conditions, the next Superintendent of the U.S. Naval Academy from the number of senior admirals authorized to be serving on active duty. Subtitle B: Reserve Forces - Authorizes the FY 1995 end strengths for reserve and National Guard personnel. Allows the Secretary to increase such end strengths by up to two percent. Provides for certain end strength adjustments for members of the Selected Reserve. Sets forth the end strength for members of the reserve serving on active duty in support of the reserve. Subtitle C: Military Training Student Loads - Provides the authorized average military training student loads for FY 1995. Subtitle D: Authorization of Appropriations - Authorizes $70.79 billion to DOD for FY 1995 for military personnel. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring a specified reduction in recruiting personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Allows certain officers to serve on successive military selection boards. (Sec. 502) Excepts certain warrant officers from mandatory consideration by promotion selection boards. States that a warrant officer shall be considered to have accepted a higher appointment on the date of the appointment, unless the officer expressly declines. Precludes a new oath of office for promoted warrant officers who have served continuously since taking their oath of office. (Sec. 503) Provides for either enlistment or retirement of Navy and Marine Corps limited duty officers who have twice failed in selection for promotion. (Sec. 504) Revises the educational requirements for appointments in reserve grades above first lieutenant or lieutenant junior grade. Provides an exception to the baccalaureate degree requirement for Native Alaskans serving as Scout officers in a reserve unit. Subtitle B: Reserve Component Matters - Directs the Secretary to review, and report to the defense committees on, the opportunities for ordering individual reservists to active duty with their consent. (Sec. 512) Extends from 90 to 180 days the authorized period of active duty service for Selected Reserve forces mobilized for reasons other than war or national emergency. Requires a report. (Sec. 513) Repeals obsolete Federal provisions relating to the transfer of regular enlisted personnel to reserve components. Subtitle C: Other Matters - Directs the Secretary of the Army to review two dismissals from the U.S. Military Academy in 1874 and 1882, respectively, in order to determine whether racial prejudice or other improper factors tainted the original proceedings. Requires a correction of records or the presidential issuance of a posthumous commission as Army officers for such personnel if the dismissals were found to have been an error or injustice. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives a required military pay raise in conformity with increases in the General Schedule of the Federal Government and provides for a 2.6 percent increase, effective on January 1, 1995, in the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1996 the authority for certain bonuses and special and incentive pay for reserve personnel. Extends through FY 1998 certain bonuses and special pay for nurse officer candidates, registered nurses, and nurse anesthetists (increasing the special pay for the latter). Extends the authority for the payment of certain other bonuses and special pay. Subtitle C: Travel and Transportation Allowances - Transfers from the Secretary of the Army to the Secretary of Defense responsibility for the preparation of transportation mileage tables (used for travel allowance determination purposes). Subtitle D: Retired Pay and Survivor Benefits - Revises a provision concerning the calculation of retired pay for officers retiring in a grade lower than the grade held at retirement. (Sec. 632) Provides for the crediting of certain reserve service performed by enlisted personnel in the computation of retired military pay, using a special formula. (Sec. 633) Amends the Federal criminal code to provide forfeiture of military annuities or retired pay for members convicted of espionage. Subtitle E: Defense Conversion, Reinvestment, and Transition Assistance Matters - Provides, for personnel retired under the special temporary retirement authority, eligibility for Servicemen's Group Life Insurance coverage. Requires payment of appropriate premiums. (Sec. 642) Amends the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 to provide an annual payment for at least one but no more than five years to members retired under the National Guard and reserve transition initiative. (Currently, a five-year payment is required.) Adds provisions concerning the computation of the annual payment and its coordination with retired pay. (Sec. 643) Increases the eligibility and application periods for former military personnel wishing to enter a DOD program for assistance in obtaining certification and employment as teachers or teachers' aides. (Sec. 644) Revises Federal provisions concerning the authority of the Secretary to assist separated members to obtain employment with law enforcement agencies to: (1) include within such employment work with Indian tribes in which law enforcement functions are performed; (2) increase eligibility for such assistance to any member or former member who is separated during the six-year period beginning October 1, 1993, under honorable conditions; (3) provide preferences for involuntarily separated personnel or those having an occupational specialty, training, or experience related to law enforcement; (4) require the Attorney General (currently the Secretary) to administer the program and distribute grant funds; (5) limit individual grants to $50,000; (6) limit program administrative expenses to ten percent; and (7) require sufficient appropriated funds before a former member may be selected to participate in the program. (Sec. 645) Amends the National and Community Service Act of 1990 to prohibit certain retired pay reductions in the case of a former member being paid as a member of the cadre of the Civilian Community Corps. Subtitle F: Other Matters - Provides eligibility for retirement, placement on the temporary disability retired list, or separation for officer candidates granted excess leave due to a physical disability. (Sec. 652) Allows members of the Selected Reserve in good standing to use morale, welfare, and recreation facilities on the same basis as active duty personnel. Provides the same privilege for: (1) retirees under the age of 60; (2) members of the Ready Reserve not in the Selected Reserve; and (3) dependents of members of the Selected Reserve. (Sec. 653) Authorizes the Secretary to carry out a program to provide special supplemental food benefits to military personnel on duty at stations outside the United States, as well as eligible civilians serving with, employed by, or accompanying such personnel. (Sec. 654) Authorizes the military Secretary concerned, the Judge Advocate General of a military department, or the Chief Counsel of the Coast Guard to reimburse a member of the armed forces in an amount up to $100,000 for losses of household effects caused by hostile action during a move necessitated by a change of permanent duty station. Allows such reimbursement only to the extent that the loss is not covered by applicable insurance. Applies such coverage with respect to losses incurred after June 30, 1990. Title VII: Health Care Provisions - Revises the definition of dependents, for purposes of eligibility for health care benefits under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), to include an unmarried person placed in the home of a member or former member of the armed forces in anticipation of legal adoption. (Sec. 702) Authorizes the Secretary to establish basic dental benefit plans for spouses and children who accompany military personnel on permanent assignments outside the United States. (Sec. 703) Provides conditions under which medical and dental care shall be authorized for abused dependents of military personnel who are convicted for such abuse by court-martial or civil court. (Sec. 704) Provides for the coordination of CHAMPUS benefits with those provided under title XVIII (Medicare) of the Social Security Act. (Sec. 705) Provides reimbursement to CHAMPUS health care providers for the cost of obtaining a professional license when such license is required by the local government involved. (Sec. 706) Directs the Secretary to develop, carry out, and report on a demonstration program to evaluate the feasibility and desirability of furnishing chiropractic care through the medical facilities of the armed forces. Requires the Secretary to establish an oversight advisory committee for assistance in the development and conduct of the demonstration program. (Sec. 707) Amends the National Defense Authorization Act for Fiscal Year 1993 to state that the annual CHAMPUS health survey required under such Act shall not be treated as a "collection of information" as such term is used in Federal provisions concerning information policy. (Sec. 708) Amends the Social Security Act to establish a Medicare special enrollment period for certain military retirees and their dependents when their military treatment facility has closed. Provides for: (1) coverage periods for such enrollments; and (2) DOD payment on behalf of such enrollees of the Medicare Part B late enrollment penalty. (Sec. 709) Amends the National Defense Authorization Act for Fiscal Year 1993 to allow individuals who obtained pharmaceuticals at a closed military health care facility to participate in a DOD program providing for the sale by mail of pharmaceuticals to eligible military personnel and their dependents. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Use of Merit Based Selection Procedures - Expresses as congressional policy that any program, project, or technology identified in legislation should be procured through merit-based selection procedures. Prohibits DOD from being required to award a new contract or grant to a specific non-Government entity unless strict conditions are met. Requires congressional notification of attempted exceptions to such prohibition. (Sec. 802) Extends permanently an annual reporting requirement on the use of competitive procedures for awarding certain contracts to colleges and universities. Subtitle B: Acquisition Assistance Programs - Earmarks specified funds authorized under this Act for the defense procurement technical assistance programs. Earmarks other funds authorized under this Act for: (1) the pilot Mentor-Protege Program; and (2) infrastructure assistance for historically Black colleges and other minority institutions. (Sec. 814) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1998 a test program for the negotiation of comprehensive small business subcontracting plans. (Sec. 815) Prohibits the expenditure of funds authorized by this Act for specified acquisition activities until the Secretary takes action with respect to: (1) issuing regulations with respect to small business subcontracting set asides and bid proposals; and (2) DOD policy regarding the Mentor-Protege Program. Subtitle C: Other Matters - Prohibits the use of funds for specified acquisition activities pending submission to the Congress by the Secretary of a national technology and industrial base periodic defense capability assessment and a periodic defense capability plan. (Sec. 822) Directs the President to take certain required industrial mobilization actions through the head of any military department (currently, through the Secretary). (Sec. 823) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend permanently the authority for DOD to share equitably the costs of claims under international armaments cooperative programs. (Sec. 824) Specifies factors to be considered by the Secretary when determining whether application of certain provisions of the Buy American Act is inconsistent with the public interest. Title IX: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Establishes the 11th position of Assistant Secretary of Defense. Places the General Counsel of each of the military departments third in the order of succession to the Secretaries of such departments. Subtitle B: Commission on Roles and Missions of the Armed Forces - Amends the National Defense Authorization Act for Fiscal Year 1994 to require the Commission on Roles and Missions of the Armed Forces to review the role of the National Guard and other reserve components. Directs the Secretary, upon request, to make available to the Commission the services of one or more federally funded R&D centers covered by DOD sponsoring agreements. Subtitle C: Other Matters - Requires (current law authorizes) the inclusion within the membership of the Reserve Forces Policy Board of an officer of the regular Marine Corps and a regular military officer serving in a position on the Joint Staff. (Sec. 922) Prohibits the closure of the Uniformed Services University of the Health Sciences. Expresses the sense of the Congress that the Secretary should budget for the ongoing operation of the University. (Sec. 923) Authorizes the Secretary to provide joint duty credit for certain duty performed during military operations in support of unified, combined, or United Nations military operations. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in Division A for FY 1995 between any such authorizations for that fiscal year. Limits to $2 billion the total amount authorized for such transfers. Requires notification to the Congress of any transfers so made. (Sec. 1002) Authorizes emergency supplemental appropriations for FY 1994 for costs of ongoing U.S. operations in Somalia, Bosnia, Southwest Asia, and Haiti. Allocates such funds among military personnel, operation and maintenance, and procurement. (Sec. 1003) Changes the date for submission of the DOD future-years mission budget from the same time as submission of the defense budget each year to 60 days after such date. Subtitle B: Matters Relating to Allies and Other Nations - Amends the: (1) National Defense Authorization Act for Fiscal Year 1993 to repeal a limitation on overseas U.S. end strengths; and (2) National Defense Authorization Act, 1985, to revise the end strengths of U.S. military personnel assigned to permanent duty ashore in European member nations of NATO. (Sec. 1013) Earmarks funds authorized under this Act for cooperative threat reduction with states of the former Soviet Union under the Cooperative Threat Reduction Act of 1993. Extends certain semiannual reporting requirements under such Act. (Sec. 1014) Expresses congressional findings concerning defense cooperation between the United States and Israel. Encourages the President to ensure that any conventional defense system or technology offered for release to NATO allies should be simultaneously offered to Israel. Urges the President to make available to Israel advanced U.S. technology necessary for continued progress in U.S.-Israel R&D of theater missile defenses. (Sec. 1015) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to encourage a democratic orientation of defense establishments and military forces of other countries. Provides funding. (Sec. 1016) Authorizes the President to conduct disaster relief activities outside the United States to respond to manmade or natural disasters when necessary to prevent the loss of lives. Requires a report to the Congress within 48 hours after commencement of such activities. Provides funding. Subtitle C: Nonproliferation and Counterproliferation of Weapon Systems and Related Systems - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority for certain nuclear nonproliferation activities under such Act; (2) add to the purposes of such Act the prevention of biological, chemical, and missile proliferation; and (3) define FY 1995 funding sources for such activities. (Sec. 1022) Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) redesignate the Nonproliferation Program Review Committee as the Counterproliferation Program Review Committee; (2) designate the Secretary of Energy as the Vice Chairman of the Committee; (3) add to Committee purposes the coordination and funding of DOE related programs and R&D; (4) repeal various provisions concerning purposes, duties, and budget recommendations of the Committee; and (5) terminate the Committee after September 30, 1996. (Sec. 1023) Directs the Secretary to submit annual reports to the appropriate congressional committees on findings of the above Committee. (Sec. 1024) Earmarks funds authorized under this Act for: (1) counterproliferation activities; and (2) education in support of such activities. (Sec. 1025) Prohibits DOD travel funds from being expended for travel by the Assistant Secretary for International Security Policy until the Secretary submits certain reports and certifications required under prior law concerning the proliferation of foreign military satellites. Subtitle D: Peace Operations - Directs the Secretary to submit to the defense committees two reports on U.S. proposals for improving United Nations (UN) management of peace operations. (Sec. 1032) Expresses the sense of the Congress concerning support for international peacekeeping and peace enforcement activities. Authorizes the Secretary to: (1) pay the U.S. fair share of such activities in which U.S. combat forces participate; and (2) furnish assistance, on a reimbursable basis, in support of such activities. Requires 15 days' advance notice to designated congressional committees before the Secretary may take either action, with certain determinations to be included in such notice. Directs the President to require reimbursement from the UN or another source for the use of U.S. armed forces in support of such activities or for the provision of assistance. Allows the waiver of such reimbursement in exceptional circumstances. Establishes the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for paying assessments for UN operations under the program. Prohibits the payment of such assessments when U.S. combat forces are not involved. Authorizes appropriations for FY 1995 for the Fund. Subtitle E: Reporting Requirements - Expresses congressional findings, and requires a report from the Secretary to the defense committees, with respect to the status of the offensive biological warfare program in the Russian Federation and other independent states of the former Soviet Union. (Sec. 1042) Specifies reporting requirements which are not to be considered terminated under the National Defense Authorization Act for Fiscal Year 1994. Subtitle F: Acceptance of Pre-release Services of Nonviolent Offenders - Authorizes the Secretary of a military department to accept specified services from nonviolent offenders incarcerated in a correctional facility of a State or local government. Provides: (1) conditions for acceptance of such services; and (2) specific limits on payments to State or local governments for the costs incurred in the provision of such services. Prohibits compensating any offender for services provided. (Sec. 1052) Amends the National Defense Authorization Act for Fiscal Year 1994 to add provisions which assure U.S. indemnification in connection with provision by the Secretary of prerelease employment training to nonviolent offenders incarcerated in State penal systems. (Sec. 1053) Authorizes the Secretary of the Army to conduct a demonstration project to test the feasibility of using Army facilities to provide employment training to nonviolent offenders in a State penal system prior to their release from incarceration. Subtitle G: Other Matters - Redesignates: (1) the U.S. Court of Military Appeals as the U.S. Court of Appeals for the Armed Services; and (2) the Court of Military Review as the Court of Military Criminal Appeals. (Sec. 1062) Directs the Secretary to designate a DOD official to serve as a single point of contact for immediate family members of any unaccounted-for Korean conflict or Cold War prisoner of war (POW) or missing in action (MIA). Outlines appropriate functions for such official. (Sec. 1063) Authorizes members and units of the National Guard to provide assistance to specified youth and charitable organizations if such assistance does not hamper the performance of duty, is not otherwise commercially available, and will enhance the Guard's military skills while not resulting in a significant increase in training costs. Provides authorized services and eligible organizations. (Sec. 1064) Prohibits any person, except with the written consent of the Secretary, from knowingly using the words "Defense Mapping Agency" or its initials, seal, or other imitations in connection with any merchandise. Prohibits any person from bringing an action against the United States on the basis of the content of a navigational aid prepared by such Agency. (Sec. 1065) Authorizes the Secretary of the Navy to transfer to Brazil specified naval vessels on a lease basis. Waives the requirement of a congressional notification. Requires transfer costs to be borne by Brazil. Terminates such transfer authority two years after enactment of this Act, but allows for the renewal of leases entered into during such period. (Sec. 1066) Directs the Secretary of the Army to transfer to the Marine Corps any Army M1A1 tanks that become excess to the requirements of the regular Army, up to the amount needed to satisfy the Marine Corps requirement for tanks. (Sec. 1067) Prohibits any funds available to DOD from being expended to merge defense telecommunications systems with any civil telecommunications system until the Secretary reports certain information to the congressional committees and 30 days have elapsed. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1995 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary, using specified amounts, to construct or acquire military family housing units, to carry out architectural planning and design activities, and to improve existing military family housing units. Authorizes appropriations to the Army for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized in this title. Amends the Military Construction Authorization Act for Fiscal Year 1992 to: (1) reduce the amount authorized for military construction projects at Fort Hunter Liggett, California; and (2) increase by a corresponding amount the sum authorized for such projects at Fort Stewart, Georgia. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under title XXI. Allows certain prior-year funds to be expended for a construction project at the Naval Supply Center, Pensacola, Florida. Directs the Secretaries of Transportation and the Navy to enter into an agreement providing for the relocation of the activities and functions of the Pascagoula Coast Guard Station to the Pascagoula Naval Station, Mississippi. Authorizes the Secretary of the Navy to carry out construction design activities for the Mayport Naval Station, Florida. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under title XXI. Amends the Military Construction Authorization Act for Fiscal Year 1994 to: (1) increase the amount authorized for a military construction project at Tyndall Air Force Base, Florida; and (2) increase the number of family housing units authorized to be constructed there. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to: (1) improve existing military family housing units; and (2) carry out energy conservation projects. Authorizes appropriations for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized in this title. Terminates authority to carry out a military construction project at the Fitzsimmons Army Medical Center, Colorado. Earmarks funds authorized under this Act for certain community impact assistance with regard to the Naval Weapons Station, Charleston, South Carolina. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions to the NATO Infrastructure Program and authorizes appropriations for fiscal years after 1994 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1994 for the Guard and reserve forces for acquisition, architectural planning and design activities, and construction of facilities. Amends prior year military construction authorization Acts to increase the amount authorized for certain National Guard and reserve projects for which funds have been appropriated. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1997, or the date of enactment of an Act authorizing funds for military construction for FY 1998, whichever is later. Extends certain prior year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Amends the Demonstration Cities and Metropolitan Development Act of 1966 to authorize the Secretary to pay closing costs to eligible persons under the homeowners assistance program. Subtitle B: Base Closure Matters - Amends the Defense Base Closure and Realignment Act of 1990 to prohibit the Secretary or the Defense Base Closure and Realignment Commission, in considering military installations for closure or realignment, from taking into account any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation. Makes clarifying and technical amendments to the above Act as well as the Defense Authorization Amendments and Base Closure and Realignment Act. Subtitle C: Land Transactions Generally - Directs the Secretary of the Interior to transfer to the Air Force certain lands contiguous to the Holloman Air Force Base, New Mexico, to be used in connection with a wastewater treatment facility. Provides for: (1) cattle grazing rights; (2) transfer compliance with environmental laws; (3) responsibility for the cleanup of hazardous substances; (4) mining and other rights-of-way; and (5) permitted public access to the lands transferred. (Sec. 2822) Authorizes the Secretary of the Navy to enter into an agreement with the Oxnard Harbor District, Port Hueneme, California, for the joint use by the Secretary and the District of U.S. Navy Wharf Number 3, upon which is located the Naval Construction Battalion Center of Port Hueneme. (Sec. 2823) Authorizes the Secretary of the Navy to lease to the YMCA of San Diego County, California, certain lands at the Naval Radio Receiving Facility, Imperial Beach, Coronado, California, to be operated and maintained as a summer youth residence camp. (Sec. 2824) Authorizes the Secretary of the Navy to release the U.S. reversionary interest to certain parcels of land in York County and James City County, Virginia, as well as in Newport News, Virginia. (Sec. 2825) Directs the Secretary of the Army to transfer administrative jurisdiction of specified real property at Fort Devens, Massachusetts, to the Secretary of the Interior for inclusion in the Oxbow National Wildlife Refuge. (Sec. 2826) Authorizes the Secretary of the Army to convey to the Hall County, Nebraska, Board of Supervisors all U.S. rights and interest to the Cornhusker Army Ammunition Plant in Hall County. (Sec. 2827) Directs the Administrator of General Services to transfer or convey to appropriate State or local governments or nonprofit organizations various current military installations or facilities, if determined appropriate and in the public interest after consultation with the Secretary. Subtitle D: Changes to Existing Land Transaction Authority - Makes various modifications with respect to current land transaction authority for: (1) the land conveyance at Fort A.P. Hill, Virginia; (2) the conveyance of an electric distribution system at Fort Dix, New Jersey; (3) the land conveyance at Fort Knox, Kentucky; and (4) the preservation as a nature preserve of the Calverton Pine Barrens at the Naval Weapons Industrial Reserve Plant, New York. Subtitle E: Other Matters - Allows the Secretary of a military department to authorize a nonappropriated fund instrumentality to contract for construction of a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities. (Sec. 2843) Waives certain prior congressional reporting requirements for certain real property transactions in the event of war or national emergency. Requires reports in such cases within 30 days after action is taken. (Sec. 2844) Directs the Secretary of the Army to report to the Congress on the use of Army operation and maintenance funds for environmental restoration at the Cornhusker Army Ammunition Plant, Hall County, Nebraska. (Sec. 2845) Directs the Secretary of Defense to carry out, and report to the Congress on, a DOD Laboratory Revitalization Demonstration Program, allowing the Secretary to carry out minor military construction projects to improve laboratories covered by the Program. (Sec. 2846) Amends the Military Construction Authorization Act for Fiscal Year 1991 to: (1) waive a prior congressional notification requirement with respect to settlements with foreign countries for the release to such a country of improvements made at U.S. military installations, if such improvements have a value of $10 million or less; and (2) require the Secretary to report annually to the defense committees on such proposed agreements. Division C: Department of Energy National Security and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1995 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) nuclear materials support and other defense programs; and (4) defense nuclear waste disposal. Reduces the total amount authorized to be appropriated in this Subtitle by a specified amount for use of FY 1994 balances. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 105 percent of the program authorization or $10 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary, for purposes of this title) transmits to specified congressional committees a full statement of the action proposed and 30 days have expired. (Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority. (Sec. 3125) Authorizes the Secretary to carry out advance planning and construction design services in connection with proposed construction projects not exceeding $3 million, requiring certain congressional notification for projects exceeding $600,000. Requires planning and design funds to be specifically authorized by law when their estimated cost exceeds $3 million. (Sec. 3126) Directs the Secretary, with exceptions, to complete a conceptual design for a construction project in support of a DOE national security program before submitting to the Congress a funding request for such project. (Sec. 3127) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense committees when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Directs the Secretary, as part of the stockpile stewardship program, to conduct a stockpile stewardship recruitment and training program at the Sandia, Lawrence Livermore, and Los Alamos national laboratories. Allows such program to support research for military or dual-use programs related to nuclear weapons stockpile stewardship. Earmarks funds from this title for such program. Directs the Secretary, as part of the program, to establish for such laboratories a retiree corps of retired scientists with expertise in R&D of nuclear weapons. Requires a report to the defense committees. (Sec. 3132) Earmarks funds authorized under this title for the defense inertial confinement fusion program. (Sec. 3133) Authorizes the Secretary to pay to the Hazardous Substance Superfund specified stipulated civil penalties assessed against the Fernald Environmental Management Project, Ohio, and the Portsmouth Gaseous Diffusion Plant, Ohio. (Sec. 3134) Authorizes the Secretary to reimburse four Colorado cities a specified amount for the cost of implementing water management programs. (Sec. 3135) Allows obligation of no more than 20 percent of the DOE funds authorized for limited and special access programs until the Secretary submits to the defense committees certain reports concerning such programs required under the Atomic Energy Act of 1954. Allows obligation of no more than 90 percent of the DOE funds authorized for national security programs until the Secretary submits to such committees a five-year budget plan required under prior law. (Sec. 3136) Earmarks specified funds authorized under this title for: (1) worker protection programs at nuclear weapons facilities; (2) the Scholarship and Fellowship Program for Environmental Restoration and Waste Management; (3) a hazardous materials management and emergency response training program at the Hanford Nuclear Reservation, Washington; (4) certain programs for persons at such plant who may have been exposed to radiation released from such plant; and (5) solar energy development activities at the Nevada Test Site. Subtitle D: Other Matters - Directs the Secretary to prescribe accounting procedures concerning the use of DOE national security program funds. (Sec. 3152) Directs the Joint Nuclear Weapons Council to coordinate and approve DOE activities concerning the study, development, and production of nuclear warheads. (Sec. 3153) Directs the Secretary to report to the Congress on the feasibility of conducting specified disarmament and demilitarization activities, nuclear weapon simulator technology development programs, the stockpile stewardship program, and experiments related to the nonproliferation of nuclear weapons at the Nevada Test Site. (Sec. 3154) Requires the Defense Nuclear Agency, as of October 1, 1995, to undertake responsibility for the production of tritium to meet the U.S. tritium requirements after 2008. (Sec. 3155) Amends the Department of Energy Organization Act to establish within DOE an Office of Fissile Materials Disposition. (Sec. 3156) Amends the National Defense Authorization Act, Fiscal Year 1989, to extend through FY 1997 the authority of the Secretary to loan personnel and facilities for the Idaho National Engineering Laboratory. (Sec. 3157) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to eliminate the requirement of a five-year plan for DOE defense nuclear facilities. (Sec. 3158) Amends the Department of Energy Organization Act to authorize the Secretary to appoint up to 350 additional individuals in the scientific, engineering, professional, and administrative fields, without regard to civil service laws, in order to perform environmental restoration and waste management functions. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1995 for the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Authorizes the President to dispose of excess and obsolete materials contained in the National Defense Stockpile (NDS). Authorizes the NDS Manager, during FY 1995, to obligate a specified amount from the National Defense Stockpile Transaction Fund for authorized Fund uses. (Sec. 3303) Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring the President to appoint an advisory committee to make recommendations concerning the operation and modernization of the NDS. (Sec. 3304) Amends the Strategic and Critical Materials Stock Piling Act to require the prevention of technological obsolescence in the rotation of NDS materials. Title XXXIV: Civil Defense - Authorizes appropriations for FY 1995 for carrying out the Federal Civil Defense Act of 1950. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1995 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1995, with specified limitations. Authorizes up to 43 passenger motor vehicles to be purchased for transporting Commission personnel across the Isthmus of Panama. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any law implementing those treaties. (Sec. 3504) Amends the Panama Canal Act of 1979 to authorize the use of Commission funds to defray the costs of education obtained in the United States (currently, only in the Republic of Panama) for Commission employees who are U.S. citizens. (Sec. 3505) Amends the Immigration and Nationality Act to provide special immigrant status for Panamanian nationals (and their dependents) who continue to be employed by the United States in an area of the former Canal Zone. Division D: Federal Acquisition Streamlining - Federal Acquisition Streamlining Act of 1994 - Title XLI (sic): 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. 41003) Revises certain qualifying circumstances for award of contracts between $100,000 and $1 million under noncompetitive procedures. (Sec. 41004) 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 for advisory and assistance services; 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. 41005) Authorizes an agency head to use noncompetitive procedures when necessary to procure expert services for use in any actual or reasonably foreseeable litigation or dispute involving the Federal Government. (Sec. 41012) Relocates provisions concerning evaluation of purchase options and consolidates others for encouragement of competition and cost savings. (Sec. 41013) Requires: (1) notice to all offerors not awarded a contract as soon as practicable after the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within three days after a competitive award; and (3) the head of the procuring 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. 41016) 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. (Sec. 41017) Authorizes an agency head to use specified two-phase selection procedures for contracting for property or services acquisition when three or more offers will be received for the contract, substantial design work must be performed before an offeror can develop a price or cost proposal for it, and the offerors will incur a substantial amount of expenses in preparing the offers. 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. (Sec. 41056) Specifies conditions for the use of noncompetitive procedures in the case of a follow-on lease for continued occupancy of particular space in real property leased by a Federal agency. (Sec. 41072) Specifies conditions under which agency heads may enter into multiyear contracts for property or services acquisition. (Sec. 41073) Authorizes agency heads to contract for severable services for periods beginning in one fiscal year and ending in the next, so long as the contract period (regardless of any option to extend) does not exceed one year. (Sec. 41074) Requires revision of the Federal Acquisition Regulation (FAR) with respect to Economy Act purchases of goods and services by a Federal agency under contracts entered into or administered by another agency. Part III: Acquisitions Generally - Amends the Office of Federal Procurement Policy Act (OFPPA) to require the Administrator of the Office of Federal Procurement Policy to prescribe guidance for Federal agency consideration of the past contract performance of offerors in awarding contracts. (Sec. 41092) 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. Sets forth a formula for annual adjustments to threshold amounts. (Sec. 41103) 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. 41104) 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. 41106) 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. 41109) 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. 41201) Consolidates the R&D authority of DOD and the military departments and repeals redundant and obsolete research authority. (Sec. 41202) Repeals specified R & D milestone requirements for certain defense research activities. 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 when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board) 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. 41334) 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. 41336) Requires public disclosure 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. 41337) Makes changes conforming to those above under part II with regard to Federal court jurisdiction over protests. (Sec. 41338) 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. 41339) Adds to FPASA the new definition of "protest" added above under part I, as well as a definition of "prevailing party." 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. 41402) Consolidates provisions on delegation of procurement functions by the head of a subject agency. (Sec. 41404) Makes technical changes with respect to the limitation on undefinitized contractual actions by subject agencies. (Sec. 41405) Repeals DOD provisions on: (1) production special tooling and production special test equipment; and (2) independent price determination in certain contract solicitations. (Sec. 41406) 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. 41452) Makes changes parallel to those above concerning procurement function delegation and decisions for civilian agencies. (Sec. 41454) Authorizes the Administrator of General Services (GSA Administrator) to provide for the use of Federal supply schedules or other contracts upon request by State or local governments, the District of Columbia, the Commonweath of Puerto Rico, or Indian tribal governments. Denies such entities any authorization to order existing stock or investory from Federal supply depots. Authorizes the GSA Administrator to provide specified procurement, warehousing, and related service, upon request, to any qualified nonprofit agency for the blind or other severely handicapped that is to provide a commodity or service to the Federal Government under the Javits-Wagner-O'Day Act. Title XLII: 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 performance-based payments, and revising conditions for progress payments. (Sec. 42002) 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) repeal the mandate for the CG's evaluation of DOD's implementation of allowable cost of defense contract requirements; and (2) raise the threshold for coverage under such provisions to $500,000. (Sec. 42102) 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. (Sec. 42192) Requires the Federal Acquisition Regulatory Council to amend the cost principle in the FAR to declare that costs made specified unallowable under it are not allowable under any other cost principle. 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 - Amends OFPPA to exempt from cost accounting standards any firm fixed-price contract or subcontract for commercial items excepted from specified requirements to provide cost of pricing data. (Sec. 42302) Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Administration of Contract Provisions Relating to Price, Delivery, and Product Quality - Part I: Armed Services Acquisitions - Repeals special qualification requirements for contractors on aircraft and ship spare parts contracts. (Sec. 42402) Specifies certain guidelines and procedures for inclusion in DOD regulations on contractor guarantees with regard to weapon systems. Part II: Acquisition Generally - Reorganizes the Anti-Assignment Act, making technical changes and expanding authority to prohibit setoffs against assignees. (Sec. 42452) Amends Federal law to repeal requirements for contract deposit with the General Accounting Office. Subtitle F: Claims and Disputes - Part I: Armed Services Acquisitions - Prohibits payment upon request of any equitable adjustment to contract terms or of specified relief that exceeds the Simplified Acquisition Threshold unless the authorized person on behalf of the contractor certifies the request is in good faith and the supporting data, to the certifier's knowledge and belief, are accurate and complete. (Sec. 42501) Restricts future payment under law of subject agency contract claims. (Sec. 42502) Increases the period of submission of certain shipbuilding claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. Grants exclusive Federal jurisdiction to the United States Court of Federal Claims over any civil action or claim against the United States relating in any manner to a contract to which the Contract Disputes Act of 1978 applies. (Sec. 42552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims (except claims by the Government against a contractor based on a contractor claim involving fraud) 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 and accelerated procedures; (4) reduce the period for filing claim actions in Claims Court; (5) extend alternative dispute resolution authority; and (6) authorize district courts to request a board of contract appeals to provide the court with an advisory opinion on the matters of contract interpretation at issue. (Sec. 42554) Requires the FAR to include certain requirements for expedited resolution of contract administration complaints received from small business concerns. Title XLIII: 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 competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Declares that the Director of Operational Test and Evaluation (OTE Director) shall report directly to the Secretary of Defense. (Sec. 43012) Makes the OTE Director responsible for DOD's live fire testing activities. (Sec. 43013) Requires the OTE Director to submit to the Congress an unclassified as well as any classified version of the annual OTE report. Subtitle C: Service Specific Laws - Amends Federal law to allow the DOD Secretary to accept the gratuitous services of an officer of a reserve component (other than of the Air or Army National Guard) in consultation upon matters relating to the armed forces. (Sec. 43022) Authorizes the DOD Secretary and the secretaries of the military departments, in specified circumstances, to rent samples, drawings, and manufacturing or other information to others. (Sec. 43023) Authorizes the Secretary of the Air Force to contract for the use of military installations, for specified purposes, by Civil Reserve Air Fleet contractors. (Sec. 43024) Authorizes the international exchange of scientific personnel. (Sec. 43025) Repeals the Authority of the Secretary of the Navy to make expenditures from any naval appropriation for scientific investigations and research. (Sec. 43026) Repeals: (1) a specified prohibition with respect to the assignment of naval vessel conversion, alteration, and repair projects; and (2) the requirement for construction of naval vessels on the Pacific Coast. (Sec. 43029) Revises requirements with respect to naval salvage facilities. Subtitle D: Department of Defense Commercial and Industrial Activities - Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. (Sec. 43051) Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Revises authority for storage, handling, and distribution of liquid fuels or natural gas. 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 restricitons. (Sec. 43082) Repeals certain requirements regarding product evaluation and activities. (Sec. 43083) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. (Sec. 43084) Denies application to U.S.-manufactured soft drinks of the DOD Secretary's authority to provide for noncompetitive procurement of supplies and services from exchange stores outside the United States. (Sec. 43085) Amends Federal law to repeal a preference for procurement of recycled toner cartridges. Title XLIV: 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 FAR for acquisitions under SAT. (Sec. 44013) Requires SAT to provide for certain fast payment procedures and for disbursement of payment through electronic fund transfer, whenever circumstances permit. (Sec. 44014) 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. (Sec. 44015) Authorizes the Administrator for Federal Procurement Policy to develop and implement a Federal Government-wide architecture or design for electronic commerce having specified capabilities, including interoperability among users. Part III: Applicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPP to 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. 44022) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, the prohibition against persons convicted of defense-contract related felonies, and requirements for audits, supplier and supply source identification; (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. 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. 44081) Requires agency heads to take similar action with respect to applicable supplemental regulations, policies, and procedures. Subtitle B: Socioeconomic and Small Business Laws - 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. (Sec. 44102) Amends SBA to repeal specified priorities for the award of Federal contracts and subcontracts to small businesses based on their relation to labor surplus areas. (Sec. 44103) Allows agency heads to: (1) restrict competition for certain non-defense contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals; and (2) use a price evaluation preference of up to ten percent when evaluating an offer from such a concern as the result of an unrestricted solicitation. (Sec. 44104) Sets a Government-wide goal for participation by small business concerns owned and controlled by women at not less than five percent of the total value of all prime contract and subcontract awards for each fiscal year. (Sec. 44105) Directs the Administrator for the Federal Procurement Policy to conduct, and report to specified congressional committees on, a comprehensive review of Federal laws to identify and catalogue all provisions defining small business concerns owned and controlled by women, minority individuals, and socially and economically disadvantaged individuals. Requires the Administrator, on the basis of such review, to develop uniform definitions for such small business concerns for purposes of authorizing their participation as prime contractors or subcontractors in certain federally awarded or funded contracts. Subtitle C: Miscellaneous Acquisition Laws - (Sec. 44151) 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. 44152) 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 XLV: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal law to declare that it is the policy of Congress that: (1) DOD should achieve, on average, 90 percent of the cost and schedule goals established for its R&D and acquisition programs without reducing the performance or capabilities of the items being acquired; and (2) the average period necessary or converting an emerging technology into initial operational capability for DOD should not exceed eight years. (Sec. 45001) Directs the DOD Secretary to: (1) approve or define the cost, performance, and schedule goals for major DOD defense acquisition programs; (2) identify and consider whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and (3) review the incentives and personnel actions available for encouraging excellence in the defense acquisition workforce, and provide an advanced system of such incentives. (Sec. 45002) Directs the DOD Secretary to define in regulations a simplified acquisition program cycle that is results-oriented. (Sec. 45003) Amends the National Defense Authorization Act for Fiscal Year 1994 to authorize the DOD Secretary to designate specified defense acquisition programs for participation in a certain defense acquisition pilot program. Specifies actions the Secretary is to take in implementing the pilot program. Subtitle B: Civilian Agency Acquisitions - Amends FPASA set the policy of Congress with respect to 90 percent achievement of cost and schedule goals by civilian agency heads. Requires such agency heads to establish cost, performance, and schedule goals for major acquisition programs of their agencies. (Sec. 45051) Requires the Administrator for Federal Procurement Policy to review the incentives and personnel actions available for encouraging excellence in the Federal acquisition workforce, and provide an advanced system of such incentives. (Sec. 45052) Requires the Administrator for Federal Procurement policy to develop a results-oriented acquisition process for agency implementation in property and services acquisitions. Subtitle C: Miscellaneous - Amends OFPPA to establish an executive branch awards program to recognize and promote exceptional contract performance by Federal contractors. (Sec. 45092) Amends Federal law with respect to military department authority to acquire certain items to: (1) repeal the authority to acquire designs, processes, and manufacturing data; (2) add authority to acquire technical data and computer software; and (3) authorize acquisition of releases for unauthorized use of such data or software. Title XLVI: 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. 46002) Amends Federal criminal code financial interest provisions to cover persons who aid or abet violations. (Sec. 46003) 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. 46051) 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. 46052) Repeals obsolete requirements for studies and a report on the extent of competition in the award of subcontracts by Federal prime contractors. (Sec. 46054) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Subtitle C: Whistleblower Protection - Amends Federal law to specify the actions the DOD Secretary may take against a defense contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. (Sec. 46102) Amends OFPPA to prohibit agency contractor reprisals against a contractor employee for disclosure to a Member of Congress or an authorized Federal official of information relating to a substantial violation of law involving an agency contract. Provides for investigation of reprisal complaints and specifies actions an agency head may take against a contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. Title XLVII: 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. 47002) 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. (Sec. 47003) 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 XLVIII: Commercial Items - Amends OFPPA to add new definitions of "commercial item," "nondevelopmental item," "component," and "commercial component." (Sec. 48002) 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. 48003) 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. Terminates specified DOD authorities with respect to acquisition of commercial and nondevelopmental items. (Sec. 48004) 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. 48005) 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. 48006) Amends OFPPA to authorize greater flexibility in setting deadlines for the submission of offers in contracts for the purchase of commercial items. (Sec. 48007) 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. 48009) Requires a CG review of Federal market research use for a report to the Congress. Title XLIX: Miscellaneous Provisions - Directs the CG to review and report to Congress on the independence of the legal services being provided to Inspectors General under the Inspector General Act of 1978. (Sec. 49002) Directs the GSA Administrator to issue guidelines to ensure that, to realize cost savings to the maximum extent practicable, agencies promote, encourage and facilitate the use of frequent traveler programs offered by airlines, hotels and car rental vendors by Federal employees who engage in official air travel. (Sec. 49003) Requires Federal agencies to resolve or take corrective action on all Office of Inspector General audit report findings within at most six months after their issuance, or, in the case of audits by non-Federal auditors, within six months after the Federal Government receives the report. (Sec. 49004) Requires the issuance of regulations mandating government-wide effect for provisions for the debarment, suspension, or other exclusion of a participant in a procurement activity under FAR, or in certain nonprocurement activities. Prohibits any Federal agency from allowing a party to participate in any procurement or nonprocurement activity if another agency has debarred, suspended, or otherwise excluded that party from such participation. Title L: Effective Dates and Implementation - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided. (Sec. 50002) Sets a schedule for publication in the Federal Register of proposed changes to FAR and such other proposed regulations (or changes to existing regulations) as may be necessary to implement this division. (Sec. 50003) Requires the CG to report to specified congressional committees on compliance with such the requirements of this title for issuance and implementation of regulations. (Sec. 50004) Requires modification of the Federal Procurement Data System to collect specified data from contracts exceeding SAT. Title LI: Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers - Community Improvement Volunteer Act of 1994 - Waives application of Davis-Bacon Act prevailing wage-setting requirements to certain volunteers who: (1) perform a service on a federally-assisted public works or public construction project for a public or private entity for civic, charitable, or humanitarian reasons, without promise or expectation, or receipt of compensation other than specified expenses, reasonable benefits, or a nominal fee not tied to productivity; and (2) provide their services freely and without pressure or coercion, direct or implied, from an employer. (Sec. 51003) Declares that: (1) the contribution of service may not be for the benefit of any contractor otherwise performing or seeking to perform work on the same project; and (2) the volunteer may not be otherwise employed at any time under the federally assisted or insured contract or subcontract involved for construction with respect to the project for which the individual is volunteering. Prohibits the Secretary of Labor from approving any expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.

Bill· SS. 2207 (103rd)open

Federal Acquisition Streamlining Act of 1994

United States · United States Congress · 20 June 1994

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: Acquisition Management Subtitle A: Armed Services Acquisitions Subtitle B: Civilian Agency Acquisitions Subtitle C: Miscellaneous Title VI: Standards of Conduct Subtitle A: Ethics Provisions Subtitle B: Additional Amendments Subtitle C: Whistleblower Protection Title VII: Defense Trade and Cooperation Title VIII: Commercial Items Title IX: Miscellaneous Provisions Title X: Effective Dates and Implementation Title IX (sic): Waiver of the Application of the Prevailing Wage-Setting Requirements to Volunteers Federal Acquisition Streamlining Reform Act of 1994 - Title I: Contract Formation - Subtitle A: Competition Statutes - Part I: 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 to 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. (Sec. 1004) Repeals: (1) expiring authority for the Secretary of Defense (DOD 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 for advisory and assistance services; 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. 1005) Authorizes an agency head to use noncompetitive procedures when necessary to procure expert services for use in any actual or reasonably foreseeable litigation or dispute involving the Federal Government. (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 as soon as practicable after the contract award; (2) debriefings providing certain basic information on the award to unsuccessful offerors, if requested within three days after a competitive award; and (3) the head of the procuring 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. (Sec. 1017) Authorizes an agency head to use specified two-phase selection procedures for contracting for property or services acquisition when three or more offers will be received for the contract, substantial design work must be performed before an offeror can develop a price or cost proposal for it, and the offerors will incur a substantial amount of expenses in preparing the offers. 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. (Sec. 1056) Specifies conditions for the use of noncompetitive procedures in the case of a follow-on lease for continued occupancy of particular space in real property leased by a Federal agency. (Sec. 1072) Specifies conditions under which agency heads may enter into multiyear contracts for property or services acquisition. (Sec. 1073) Authorizes agency heads to contract for severable services for periods beginning in one fiscal year and ending in the next, so long as the contract period (regardless of any option to extend) does not exceed one year. (Sec. 1074) Requires revision of the Federal Acquisition Regulation (FAR) with respect to Economy Act purchases of goods and services by a Federal agency under contracts entered into or administered by another agency. Part III: Acquisitions Generally - Amends the Office of Federal Procurement Policy Act (OFPPA) to require the Administrator of the Office of Federal Procurement Policy to prescribe guidelines for Federal agency consideration of the past contract performance of offerors in awarding contracts. (Sec. 1092) 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. Sets forth a formula for annual adjustments to threshold amounts. (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 requirements for commercial item cost or pricing data that applies where competition 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 Acquisitions - 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. 1301) Consolidates the R&D authority of DOD and the military departments and repeals redundant and obsolete research authority. (Sec. 1302) Repeals specified R&D milestone requirements for certain defense research activities. 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 frames 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 when the award is connected with a violation of law; (2) require GSA's board of contract appeals (board) 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 disclosure 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." 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 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) Authorizes the GSA Administrator to provide for the use of Federal supply schedules or other contracts upon request by State or local governments, the District of Columbia, the Commonwealth of Puerto Rico, or Indian tribal governments. Denies such entities any authorization to order existing stock or inventory from Federal supply depots. Authorizes the GSA Administrator to provide specified procurement, warehousing, and related services, upon request, to any qualified nonprofit agency for the blind or other severely handicapped that is to provide a commodity or service to the Federal Government under the Javits-Wagner-O'Day Act. 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 performance-based payments, 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) repeal the mandate for the CG's evaluation of DOD's implementation of allowable cost of defense contract requirements; 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. (Sec. 2192) Requires the Federal Acquisition Regulatory Council to amend the cost principle in the FAR to declare that costs made specifically unallowable under it are not allowable under any other cost principle. 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 - Amends OFPPA to exempt from cost accounting standards any firm fixed-price contract or subcontract for commercial items excepted from specified requirements to provide cost or pricing data. (Sec. 2302) Repeals an obsolete deadline under OFPPA for procedures governing actions of the Cost Accounting Standards Board, while retaining provisions authorizing their issuance. Subtitle E: Administration of Contract Provisions Relating to 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. 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 - Prohibits payment upon request of any equitable adjustment to contract terms or of specified relief that exceeds the simplified acquisition threshold unless the authorized person on behalf of the contractor certifies the request is in good faith and the supporting data, to the certifier's knowledge and belief, are accurate and complete. (Sec. 2501) Restricts future payment under law of subject agency contract claims. (Sec. 2502) Increases the period for submission of certain shipbuilding claims. Part II: Acquisitions Generally - Amends FJC to revise provisions regarding Federal court jurisdiction over contract disputes. Grants exclusive Federal jurisdiction to the United States Court of Federal Claims over any civil action or claim against the United States relating in any manner to a contract to which the Contract Disputes Act of 1978 applies. (Sec. 2552) Amends the Contract Disputes Act of 1978 to: (1) require contractor and Government claims (except claims by the Government against a contractor based on a contractor claim involving fraud) 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 and accelerated procedures; (4) reduce the period for filing claim actions in Claims Court; (5) extend alternative dispute resolution authority; and (6) authorize district courts to request a board of contract appeals to provide the court with an advisory opinion on the matters of contract interpretation at issue. (Sec. 2554) Requires the FAR to include certain requirements for expedited resolution of contract administration complaints received from small business concerns. Title III: Service Specific and Major Systems 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 competitive prototyping and alternative sources in major programs. Subtitle B: Testing Statutes - Declares that the Director of Operational Test and Evaluation (OTE Director) shall report directly to the Secretary of Defense. (Sec. 3012) Makes the OTE Director responsible for DOD's live fire testing activities. (Sec. 3013) Requires the OTE Director to submit to the Congress an unclassified as well as any classified version of the annual OTE report. Subtitle C: Service Specific Laws - Amends Federal law to allow the DOD Secretary to accept the gratuitous services of an officer of a reserve component (other than of the Air or Army National Guard) in consultation upon matters relating to the armed forces. (Sec. 3022) Authorizes the DOD Secretary and the secretaries of the military departments, in specified circumstances, to rent samples, drawings, and manufacturing or other information to others. (Sec. 3023) Authorizes the Secretary of the Air Force to contract for the use of military installations, for specified purposes, by Civil Reserve Air Fleet contractors. (Sec. 3024) Authorizes the international exchange of scientific personnel. (Sec. 3025) Repeals the authority of the Secretary of the Navy to make expenditures from any naval appropriation for scientific investigations and research. (Sec. 3026) Repeals: (1) a specified prohibition with respect to the assignment of naval vessel conversion, alteration, and repair projects; and (2) the requirement for construction of naval vessels on the Pacific Coast. (Sec. 3029) Revises requirements with respect to naval salvage facilities. Subtitle D: Department of Defense Commercial and Industrial Activities - Repeals requirements on DOD for accounting procedures for contracted advisory and assistance services. (Sec. 3051) Codifies requirements for a separate consulting service category in the national budget. Subtitle E: Fuel- and Energy-Related Laws - Revises authority for storage, handling, and distribution of liquid fuels or natural gas. 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 certain requirements regarding product evaluation activities. (Sec. 3083) Codifies limitations on subject agency vessel, aircraft, and vehicle leases, with modifications. (Sec. 3084) Denies application to U.S.-manufactured soft drinks of the DOD Secretary's authority to provide for noncompetitive procurement of supplies and services from exchange stores outside the United States. (Sec. 3085) Amends Federal law to repeal a preference for procurement of recycled toner cartridges. 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 FAR for acquisitions under SAT. (Sec. 4013) Requires SAT to provide for certain fast payment procedures and for disbursement of payment through electronic fund transfer, whenever circumstances permit. (Sec. 4014) 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. (Sec. 4015) Authorizes the Administrator for Federal Procurement Policy to develop and implement a Federal Government-wide architecture or design for electronic commerce having specified capabilities, including interoperability among users. Part III: Applicability of Laws to Acquisitions Not in Excess of Simplified Acquisition Threshold - Amends OFPPA to 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. 4022) Exempts: (1) subject agency contracts below SAT from contingent fees certifications, prohibitions on limiting subcontractor direct sales and doing business with certain subcontractors, the prohibition against persons convicted of defense-contract related felonies, and requirements for audits, supplier and supply source identification; (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. Requires FAR to provide alternatives to payment bonds as payment protection 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 - Repeals: (1) certain 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. (Sec. 4101) Repeals redundant requirements under FPASA regarding DBA and WHA applicability. (Sec. 4102) Amends SBA to repeal specified priorities for the award of Federal contracts and subcontracts to small businesses based on their relation to labor surplus areas. (Sec. 4103) Allows agency heads to: (1) restrict competition for certain non-defense contracts to small business concerns owned and controlled by socially and economically disadvantaged individuals; and (2) use a price evaluation preference of up to ten percent when evaluating an offer from such a concern as the result of an unrestricted solicitation. (Sec. 4104) Sets a Government-wide goal for participation by small business concerns owned and controlled by women at not less than five percent of the total value of all prime contract and subcontract awards for each fiscal year. (Sec. 4105) Directs the Administrator for Federal Procurement Policy to conduct, and report to specified congressional committees on, a comprehensive review of Federal laws to identify and catalogue all provisions defining small business concerns owned and controlled by women, minority individuals, and socially and economically disadvantaged individuals. Requires the Administrator, on the basis of such review, to develop uniform definitions for such small business concerns for purposes of authorizing their participation as prime contractors or subcontractors in certain federally awarded or funded contracts. Subtitle C: Miscellaneous Armed Services Acquisition Laws - 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. 4152) 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: Acquisition Management - Subtitle A: Armed Services Acquisitions - Amends Federal law to declare that it is the policy of Congress that: (1) DOD should achieve, on average, 90 percent of the cost and schedule goals established for its R&D and acquisition programs without reducing the performance or capabilities of the items being acquired; and (2) the average period necessary for converting an emerging technology into initial operational capability for DOD should not exceed eight years. (Sec. 5001) Directs the DOD Secretary to: (1) approve or define the cost, performance, and schedule goals for major DOD defense acquisition programs; (2) identify and consider whether there is a continuing need for programs that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and (3) review the incentives and personnel actions available for encouraging excellence in the defense acquisition workforce, and provide an advanced system of such incentives. (Sec. 5002) Directs the DOD Secretary to define in regulations a simplified acquisition program cycle that is results-oriented. (Sec. 5003) Amends the National Defense Authorization Act for Fiscal Year 1994 to authorize the DOD Secretary to designate specified defense acquisition programs for participation in a certain defense acquisition pilot program. Specifies actions the Secretary is to take in implementing the pilot program. Subtitle B: Civilian Agency Acquisitions - Amends FPASA to set the policy of Congress with respect to 90 percent achievement of cost and schedule goals by civilian agency heads. Requires such agency heads to establish cost, performance, and schedule goals for major acquisition programs of their agencies. (Sec. 5051) Requires the Administrator for Federal Procurement Policy to review the incentives and personnel actions available for encouraging excellence in the Federal acquisition workforce, and provide an advanced system of such incentives. (Sec. 5052) Requires the Administrator for Federal Procurement Policy to develop a results-oriented acquisition process for agency implementation in property and services acquisitions. Subtitle C: Miscellaneous - Amends OFPPA to establish an executive branch awards program to recognize and promote exceptional contract performance by Federal contractors. (Sec. 5092) Amends Federal law with respect to military department authority to acquire certain items to: (1) repeal the authority to acquire designs, processes, and manufacturing data; (2) add authority to acquire technical data and computer software; and (3) authorize acquisition of releases for unauthorized use of such data or software. 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. 6054) Doubles the waiting period required before significant changes proposed for acquisition regulations take effect, unless there are compelling circumstances for an earlier effective date. Subtitle C: Whistleblower Protection - Amends Federal law to specify the actions the DOD Secretary may take against a defense contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. (Sec. 6102) Amends OFPPA to prohibit agency contractor reprisals against a contractor employee for disclosure to a Member of Congress or an authorized Federal official of information relating to a substantial violation of law involving an agency contract. Provides for investigation of reprisal complaints and specifies actions an agency head may take against a contractor for subjecting a whistleblower to a prohibited reprisal, including filing an action for enforcement in U.S. district court of any related order. Title VII: Defense Trade and Cooperation - Repeals certain Buy American Act (BAA) provisions, and provisions under the Trade Agreement 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. (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. Terminates specified DOD authorities with respect to 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: Miscellaneous Provisions - Directs the CG to review and report to Congress on the independence of the legal services being provided to Inspectors General under the Inspector General Act of 1978. (Sec. 9002) Directs the GSA Administrator to issue guidelines to ensure that, to realize cost savings to the maximum extent practicable, agencies promote, encourage and facilitate the use of frequent traveler programs offered by airlines, hotels, and car rental vendors by Federal employees who engage in official air travel. (Sec. 9003) Requires Federal agencies to resolve or take corrective action on all Office of Inspector General audit report findings within at most six months after their issuance, or, in the case of audits by non-Federal auditors, within six months after the Federal Government receives the report. (Sec. 9004) Requires the issuance of regulations mandating government-wide effect for provisions for the debarment, suspension, or other exclusion of a participant in a procurement activity under FAR, or in certain nonprocurement activities. Prohibits any Federal agency from allowing a party to participate in any procurement or nonprocurement activity if another agency has debarred, suspended, or otherwise excluded that party from such participation. Title X: Effective Dates and Implementation - Provides that the amendments made by this Act are effective upon enactment, except as otherwise provided. (Sec. 10002) Sets a schedule for publication in the Federal Register of proposed changes to FAR and such other proposed regulations (or changes to existing regulations) as may be necessary to implement this division. (Sec. 10003) Requires the CG to report to specified congressional committees on compliance with such the requirements of this title for issuance and implementation of regulations. (Sec. 10004) Requires modification of the Federal Procurement Data System to collect specified data from contracts exceeding SAT. Title IX (sic): Waiver of the Application of the Prevailing Wage-setting Requirements to Volunteers - Community Improvement Volunteer Act of 1994 - Waives application of Davis-Bacon Act prevailing wage-setting requirements to certain volunteers who: (1) perform a service on a federally-assisted public works or public construction project for a public or private entity for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation other than specified expenses, reasonable benefits, or a nominal fee not tied to productivity; and (2) provide their services freely and without pressure or coercion, direct or implied, from an employer. (Sec. 11003) Declare that: (1) the contribution of service may not be for the benefit of any contractor otherwise performing or seeking to perform work on the same project; and (2) the volunteer may not be otherwise employed at any time under the federally assisted or insured contract or subcontract involved for construction with respect to the project for which the individual is volunteering. Prohibits the Secretary of Labor from approving any expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry.

Bill· HRH.R. 4584 (103rd)referred

Special Purpose Aircraft Safety Act of 1994

United States · United States Congress · 15 June 1994

Special Purpose Aircraft Safety Act of 1994 - Makes it unlawful for a person to operate or lease a U.S. registered aircraft with a maximum certificated take-off weight of 12,500 pounds or more, which has been issued a special purpose certificate, and which does not meet a minimum airworthiness code satisfying international agreements for international navigation of aircraft, if it is used for: (1) the carriage of cargo for compensation or hire; (2) non-special purpose operations; or (3) special purpose operations conducted outside of the United States, unless authorized by the Administrator of the Federal Aviation Administration. Sets forth certain exemptions to such prohibition. Establishes penalties for violations of this Act.

Law· SS. 2182 (103rd)enacted

National Defense Authorization Act for Fiscal Year 1995

United States · United States Congress · 14 June 1994

TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Title V: Military Personnel Policy Title VI: Compensation and Other Personnel Benefits Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Division B: Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Infrastructure Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration of Authorizations Title XXVIII: General Provisions Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI: Department of Energy National Security Programs Title XXXII: Defense Nuclear Facilities Safety Board Authorization Title XXXIII: National Defense Stockpile Title XXXIV: Civil Defense Title XXXV: Panama Canal Commission National Defense Authorization Act for Fiscal Year 1995 - Limits the total amount authorized to be appropriated for FY 1995 under provisions of this Act to $263.13 billion. Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for procurement for the Army, Navy and Marine Corps, and Air Force. Authorizes appropriations for FY 1995 for: (1) defense-wide procurement; (2) the National Guard and reserve components of the armed forces; and (3) the chemical demilitarization program. Authorizes the Department of Defense (DOD) to obligate and expend specified prior-year authorized but unobligated defense research and development (R&D) funds for such program. Subtitle B: Army Programs - Authorizes the Secretary of the Army to enter into multiyear procurement contracts for procurement of the M1A2 Abrams tank upgrades. (Sec. 112) Directs the Secretary of the Army to transfer one M1A1 common tank to the Marine Corps Reserve by a conditional date. (Sec. 113) Allows certain funds available to the Army to be used for a replacement surveillance system for the OV-1 aircraft deployed in Korea. (Sec. 114) Earmarks Army procurement funds authorized under this Act for the procurement of specified small arms. Authorizes the Secretary of the Army to enter into multiyear contracts during FY 1995 for the Army's acquisition of small arms weapons. Directs the Secretaries of the military departments to jointly develop a master plan for meeting the immediate and future military needs for small arms. Earmarks funds for the objective Crew-Served Weapons System and for improvements to existing small arms weapons. Subtitle C: Navy Programs - Transfers $1.2 billion from the National Defense Sealift Fund for the CVN-76 nuclear aircraft carrier program. Subtitle D: Air Force Programs - Authorizes the Secretary of the Air Force to enter into supplemental agreements relating to the settlement of claims under the C-17 aircraft program, requiring certain settlement conditions. Requires a 30-day congressional notification period. Subtitle E: Other Matters - Earmarks $150 million in Air Force procurement funds authorized under this Act for the preservation of the B-2 bomber industrial base. Prohibits any such funds from being used to purchase B-2 parts not previously acquired or planned. Exempts such funds from certain limitations on total program costs. (Sec. 142) Earmarks funds authorized under this Act for the procurement of electric and hybrid vehicles for military uses and the commercialization of such vehicles for nonmilitary uses. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for the armed forces for research, development, test, and evaluation (RDTE). Authorizes appropriations for the Director, Test and Evaluation and the Director, Operational Test and Evaluation. Earmarks specified RDTE funds for: (1) basic research and exploratory development projects; and (2) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary of Defense (Secretary) to continue the demonstration and validation of kinetic energy antisatellite technologies under the tactical antisatellite technologies program. (Sec. 212) Directs the Secretary to transfer: (1) from the Secretary of the Air Force to the Secretary of the Navy, before October 1, 1995, responsibility for management and funding for the MILSTAR communications satellite program; and (2) to the National Aeronautics and Space Administration (NASA) the unobligated balance of funds appropriated to DOD for single-stage to orbit rocket R&D. (Sec. 214) Limits the use of funds appropriated under this Act in connection with: (1) the dismantling of intercontinental ballistic missiles (ICBMs); and (2) seismic monitoring research of nuclear explosions. (Sec. 216) Provides specified requirements before funds appropriated under this Act may be used to procure work from a federally funded R&D center. Reduces by $52.65 million the total amount authorized for RDTE under this title. Subtitle C: Missile Defense Programs - Requires reviews of the compliance with Antiballistic Missile Treaty requirements of the Brilliant Eyes and Navy Upper Tier ballistic missile defense systems. (Sec. 222) Amends the Missile Defense Act of 1991 to repeal provisions concerning: (1) the exclusive program elements for the Ballistic Missile Defense program; (2) R&D for such elements; and (3) Strategic Defense Initiative funding. (Sec. 223) Prohibits the obligation of Ballistic Missile Defense Organization program funds until the Secretary submits a report required under the National Defense Authorization Act for Fiscal Year 1994. Subtitle D: Defense Conversion, Reinvestment, and Transition Assistance Matters - Earmarks and allocates R&D funds authorized under this Act for the defense reinvestment program. Allows such funds to be utilized for related FY 1994 projects. (Sec. 232) Directs the Secretary, with respect to specified technology reinvestment programs, to consider a partnership proposal submitted by a small business without regard to the ability of the small business to immediately meet its share of anticipated partnership costs. Allows such firms 120 days to meet such financial requirements. Requires the Secretary, in establishing or providing financial support of partnerships and cooperative arrangements under defense technology reinvestment projects, to ensure that the principal economic benefits of such partnerships or arrangements accrue to the U.S. economy. (Sec. 234) Directs the Secretary to conduct a program to promote cooperation between DOD laboratories and industry on R&D of dual-use (military and civilian) technologies in order to further certain national security objectives. Outlines program requirements. Directs the Secretary of the Navy to conduct a similar program for cooperation between the Navy and industry on the R&D of such technologies. Provides funding for such programs. Subtitle E: Other Matters - Authorizes the Secretary to enter into cooperative R&D projects with NATO organizations. (Currently, such cooperative projects are permitted only with major U.S. allies.) (Sec. 242) Directs the Secretary to continue the Defense Women's Health Research Program. Requires all military departments to participate in Program activities. Adds to authorized Program activities. Requires an implementation plan and provides funding. (Sec. 243) Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to require an annual report to the Congress from the Semiconductor Technology Council. (Sec. 244) Directs the Secretary of the Navy to report to the Congress on the oceanographic survey and R&D requirements needed to support Navy operations in littoral regions. (Sec. 245) Earmarks funds for completion of certain upgrades at the Los Alamos National Laboratory, New Mexico. (Sec. 246) Authorizes the Secretary to waive certain live-fire testing requirements for the F-22 aircraft program. Requires a certification to the Congress if such testing is determined to be unreasonably expensive and impractical. Provides funds for alternative live-fire testing. (Sec. 247) Earmarks funds for the University Research Initiative Support Program. (Sec. 248) Directs the Secretary to establish a Manufacturing Science and Technology Program to further certain national security objectives. Requires competitive procedures. Provides funding. (Sec. 249) Directs the Secretary to carry out a Defense Experimental Program to Stimulate Competitive Research as part of the DOD university research programs. Specifies program objectives and provides for the designation of eligible States. Requires coordination with similar Federal programs. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1995 for operation and maintenance for the armed forces (including its reserve and National Guard components), defense-wide activities, defense medical programs, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, defense, humanitarian assistance, former Soviet Union threat reduction, international peacekeeping and peace enforcement activities, and support for the 1996 Summer Olympics. Authorizes appropriations for DOD working capital funds. (Sec. 303) Authorizes appropriations for operations of the armed forces retirement homes. Obligates specified funds for operation and maintenance for FY 1995 from the National Security Education Trust Fund and from the National Defense Stockpile Transaction Fund. (Sec. 306) Authorizes the Secretary to provide logistical support and personnel services in connection with the 1995 Special Olympics World Games in New Haven, Connecticut. Authorizes appropriations. Subtitle B: Defense Business Operations Fund - Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to make permanent the authority of the Secretary to use the Defense Business Operations Fund (Fund) to manage the working capital funds as well as industrial, commercial, and support-type activities. (Sec. 312) Directs the Secretary to report to the Senate and House Armed Services Committees (defense committees) on implementation of the Fund's Improvement Plan of September 1993. Requires the Comptroller General to monitor and evaluate the progress of such implementation and to report to the defense committees. (Sec. 313) Limits to $1.5 million the FY 1995 obligations against funds in the capital asset subaccount of the Fund. Limits the FY 1995 obligations against the supply management divisions of the Fund, with a waiver by the Secretary for combat readiness purposes. Subtitle C: Environmental Matters - Prohibits the use of FY 1995 DOD funds for the purchase of surety bonds or other guarantees of financial responsibility in guaranteeing the performance of any direct function of DOD. (Sec. 322) Extends through FY 1995 the prohibition on the use of DOD environmental restoration funds for the payment of fines or penalties assessed against DOD. (Sec. 323) Allows any federally recognized Indian tribe to participate in DOD environmental restoration programs. Subtitle D: Matters Relating to Department of Defense Civilian Employees - Extends certain military personnel transition assistance authorities. (Sec. 332) Extends permanently the China Lake personnel demonstration project at China Lake, California. Authorizes the Secretary to carry out such projects at designated DOD science and technology reinvention laboratories. (Sec. 333) Provides limitation on severance pay to certain DOD civilian employees transferring to employment positions in defense nonappropriated fund instrumentalities. Provides credit, for retirement purposes, for certain service performed in such instrumentalities between January 1, 1966, and December 31, 1986. (Sec. 335) Provides travel, transportation, and relocation allowances for DOD employees transferring to the U.S. Postal Service. (Sec. 336) Includes foreign nationals employed by a foreign government for the benefit of DOD among the foreign nationals for whom separation pay is authorized. (Sec. 337) Expands DOD's authority to accept and utilize voluntary services, with certain requirements and limitations. Allows the Secretary to reimburse a person for incidental expenses incurred in providing such services. Subtitle E: Other Matters - Requires the Secretary to ensure that the current performance by DOD of a depot-level maintenance workload having a value of $3 million or more is not changed to performance by contractor or another depot-level maintenance activity of DOD unless the change is made using: (1) maintenance-based selection procedures among all DOD depot-level maintenance activities; or (2) competitive procedures among private and public sector entities. (Sec. 342) Authorizes the Secretary of the Air Force to: (1) provide funds for the national headquarters of the Civil Air Patrol; and (2) allow the Patrol to employ retired Air Force personnel in administration and liaison officer positions. (Sec. 343) Increases from 50 cents to two dollars the amount authorized to be deducted monthly from the pay of military personnel and used in support of armed forces retirement homes. Modifies the fee paid by residents of such homes. Directs the Chairman of the Armed Forces Retirement Home Board to study, and report to the defense committees on, alternatives for modernization of the facilities at the U.S. Soldiers' and Airmen's Home. (Sec. 344) Amends the National Defense Authorization Act for Fiscal Year 1993 to include medical transportation as one of the benefits under the National Guard pilot program. (Sec. 345) Authorizes the Secretary of the Army, after obtaining advanced budget authority, to carry out a loan guarantee program to encourage commercial firms to use ammunition manufacturing facilities pursuant to provisions of the Armament Retooling and Manufacturing Support Act of 1992. Provides for program administration, loan limits, and reporting requirements. Extends the authority for such alternative use through FY 1996. (Sec. 346) Authorizes the Secretary of Defense, upon determining that appropriate educational programs are not available through a local educational agency for dependents of military and civilian DOD personnel residing at a military installation in the United States, to provide for the elementary and secondary education of such dependents. Provides eligibility for such education to dependents of other Federal employees residing on a military installation at any time during the school year. Requires the Secretary to establish a school board for each DOD elementary and secondary school so established. Provides for school administration, staffing, and compensation. Requires the Secretary to provide specified substantive rights, protections, and procedural safeguards for dependents participating in the educational programs. Earmarks certain funds authorized under this Act for assistance to local educational agencies that benefit dependents of military and civilian DOD personnel. (Sec. 348) Allows proceeds from operation of the naval academy laundry to be used for its operating expenses. (Sec. 349) Repeals the annual limit on the amount of funds authorized to be expended by the Defense Inspector General for emergency and extraordinary expenses. (Sec. 350) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1996 the authority for a program to commemorate World War II. (Sec. 351) Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1995 the authority for aviation depots and naval shipyards to engage in defense-related production and services. (Sec. 352) Provides for the transfer of certain excess DOD property to educational institutions and training schools. Provides for the surplus treatment of property so loaned before September 30, 1993. (Sec. 353) Amends the National Defense Authorization Act for Fiscal Year 1994 to repeal a provision requiring the conversion of naval ships' stores from an activity funded by direct appropriations to one funded by nonappropriated fund instrumentalities. (Sec. 354) Authorizes the Secretary to carry out a humanitarian program providing for instruction, education, training, and advising of personnel of other nations in procedures for detecting and clearing landmines. Provides funding. (Sec. 355) Earmarks funds authorized under this Act for obtaining emergency communications services for military personnel (and their dependents) from the American National Red Cross. (Sec. 356) Allows no more than three foreign-built vessels to be purchased for the Marine Corps maritime prepositioning ship program with funds in the National Defense Sealift Fund. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes the FY 1995 end strengths for active duty military personnel. (Sec. 402) Extends through FY 1997 the authority for the temporary variation in end strength limitations for Marine Corps majors and lieutenant colonels. (Sec. 403) Allows an authorized strength of 68 general officers on active duty in the Marine Corps after FY 1995. (Sec. 404) Excludes certain commanders or deputy commanders of combatant or allied commands from the limitation on the number of officers serving on active duty. (Sec. 405) Excludes, upon certain conditions, the next Superintendent of the U.S. Naval Academy from the number of senior admirals authorized to be serving on active duty. Subtitle B: Reserve Forces - Authorizes the FY 1995 end strengths for reserve and National Guard personnel. Allows the Secretary to increase such end strengths by up to two percent. Provides for certain end strength adjustments for members of the Selected Reserve. Sets forth the end strength for members of the reserve serving on active duty in support of the reserve. Subtitle C: Military Training Student Loads - Provides the authorized average military training student loads for FY 1995. Subtitle D: Authorization of Appropriations - Authorizes $70.79 billion to DOD for FY 1995 for military personnel. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring a specified reduction in recruiting personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Allows certain officers to serve on successive military selection boards. (Sec. 502) Excepts certain warrant officers from mandatory consideration by promotion selection boards. States that a warrant officer shall be considered to have accepted a higher appointment on the date of the appointment, unless the officer expressly declines. Precludes a new oath of office for promoted warrant officers who have served continuously since taking their original oath of office. (Sec. 503) Provides for either enlistment or retirement of Navy and Marine Corps limited duty officers who have twice failed in selection for promotion. (Sec. 504) Revises the educational requirements for appointments in reserve grades above first lieutenant or lieutenant junior grade. Provides an exception to the baccalaureate degree requirement for Native Alaskans serving as Scout officers in a reserve unit. Subtitle B: Reserve Component Matters - Directs the Secretary to review, and report to the defense committees on, the opportunities for ordering individual reservists to active duty with their consent. (Sec. 512) Extends from 90 to 180 days the authorized period of active duty service for Selected Reserve forces mobilized for reasons other than war or national emergency. Requires a report. (Sec. 513) Repeals obsolete Federal provisions relating to the transfer of regular enlisted personnel to reserve components. Subtitle C: Other Matters - Directs the Secretary of the Army to review two dismissals from the U.S. Military Academy in 1874 and 1882, respectively, in order to determine whether racial prejudice or other improper factors tainted the original proceedings. Requires a correction of records or the presidential issuance of a posthumous commission as Army officers for such personnel if the dismissals were found to have been an error or injustice. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives a required military pay raise in conformity with increases in the General Schedule of the Federal Government and provides for a 2.6 percent increase, effective on January 1, 1995, in the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1996 the authority for certain bonuses and special and incentive pay for reserve personnel. Extends through FY 1998 certain bonuses and special pay for nurse officer candidates, registered nurses, and nurse anesthetists (increasing the special pay for the latter). Extends the authority for the payment of certain other bonuses and special pay. Subtitle C: Travel and Transportation Allowances - Transfers from the Secretary of the Army to the Secretary of Defense responsibility for the preparation of transportation mileage tables (used for travel allowance determination purposes). Subtitle D: Retired Pay and Survivor Benefits - Revises a provision concerning the calculation of retired pay for officers retiring in a grade lower than the grade held at retirement. (Sec. 632) Provides for the crediting of certain reserve service performed by enlisted personnel in the computation of retired military pay, using a special formula. (Sec. 633) Amends the Federal criminal code to provide forfeiture of military annuities or retired pay for members convicted of espionage. Subtitle E: Defense Conversion, Reinvestment, and Transition Assistance Matters - Provides, for personnel retired under the special temporary retirement authority, eligibility for Servicemen's Group Life Insurance coverage. Requires payment of appropriate premiums. (Sec. 642) Amends the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 to provide an annual payment for at least one but no more than five years to members retired under the National Guard and reserve transition initiative. (Currently, a five-year payment is required.) Adds provisions concerning the computation of the annual payment and its coordination with retired pay. (Sec. 643) Increases the eligibility and application periods for former military personnel wishing to enter a DOD program for assistance in obtaining certification and employment as teachers or teachers' aides. (Sec. 644) Revises Federal provisions concerning the authority of the Secretary to assist separated members to obtain employment with law enforcement agencies to: (1) include within such employment work with Indian tribes in which law enforcement functions are performed; (2) increase eligibility for such assistance to any member or former member who is separated during the six-year period beginning October 1, 1993, under honorable conditions; (3) provide preferences for involuntarily separated personnel or those having an occupational specialty, training, or experience related to law enforcement; (4) require the Attorney General (currently the Secretary) to administer the program and distribute grant funds; (5) limit individual grants to $50,000; (6) limit program administrative expenses to ten percent; and (7) require sufficient appropriated funds before a former member may be selected to participate in the program. (Sec. 645) Amends the National and Community Service Act of 1990 to prohibit certain retired pay reductions in the case of a former member being paid as a member of the cadre of the Civilian Community Corps. Subtitle F: Other Matters - Provides eligibility for retirement, placement on the temporary disability retired list, or separation for officer candidates granted excess leave due to a physical disability. (Sec. 652) Allows members of the Selected Reserve in good standing to use morale, welfare, and recreation facilities on the same basis as active duty personnel. Provides the same privilege for: (1) retirees under the age of 60; (2) members of the Ready Reserve not in the Selected Reserve; and (3) dependents of members of the Selected Reserve. (Sec. 653) Authorizes the Secretary to carry out a program to provide special supplemental food benefits to military personnel on duty at stations outside the United States, as well as eligible civilians serving with, employed by, or accompanying such personnel. (Sec. 654) Authorizes the military Secretary concerned, the Judge Advocate General of a military department, or the Chief Counsel of the Coast Guard to reimburse a member of the armed forces in an amount up to $100,000 for losses of household effects caused by hostile action during a move necessitated by a change of permanent duty station. Allows such reimbursement only to the extent that the loss is not covered by applicable insurance. Applies such coverage with respect to losses incurred after June 30, 1990. Title VII: Health Care Provisions - Revises the definition of dependents, for purposes of eligibility for health care benefits under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), to include an unmarried person placed in the home of a member or former member of the armed forces in anticipation of legal adoption. (Sec. 702) Authorizes the Secretary to establish basic dental benefit plans for spouses and children who accompany military personnel on permanent assignments outside the United States. (Sec. 703) Provides conditions under which medical and dental care shall be authorized for abused dependents of military personnel who are convicted for such abuse by court-martial or civil court. (Sec. 704) Provides for the coordination of CHAMPUS benefits with those provided under title XVIII (Medicare) of the Social Security Act. (Sec. 705) Provides reimbursement to CHAMPUS health care providers for the cost of obtaining a professional license when such license is required by the local government involved. (Sec. 706) Directs the Secretary to develop, carry out, and report on a demonstration program to evaluate the feasibility and desirability of furnishing chiropractic care through the medical facilities of the armed forces. Requires the Secretary to establish an oversight advisory committee for assistance in the development and conduct of the demonstration program. (Sec. 707) Amends the National Defense Authorization Act for Fiscal Year 1993 to state that the annual CHAMPUS health survey required under such Act shall not be treated as a "collection of information" as such term is used in Federal provisions concerning information policy. (Sec. 708) Amends the Social Security Act to establish a Medicare special enrollment period for certain military retirees and their dependents when their military treatment facility has closed. Provides for: (1) coverage periods for such enrollments; and (2) DOD payment on behalf of such enrollees of the Medicare Part B late enrollment penalty. (Sec. 709) Amends the National Defense Authorization Act for Fiscal Year 1993 to allow individuals who obtained pharmaceuticals at a closed military health care facility to participate in a DOD program providing for the sale by mail of pharmaceuticals to eligible military personnel and their dependents. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Use of Merit Based Selection Procedures - Expresses as congressional policy that any program, project, or technology identified in legislation should be procured through merit-based selection procedures. Prohibits DOD from being required to award a new contract or grant to a specific non-Government entity unless strict conditions are met. Requires congressional notification of attempted exceptions to such prohibition. (Sec. 802) Extends permanently an annual reporting requirement on the use of competitive procedures for awarding certain contracts to colleges and universities. Subtitle B: Acquisition Assistance Programs - Earmarks specified funds authorized under this Act for the defense procurement technical assistance programs. Earmarks other funds authorized under this Act for: (1) the pilot Mentor-Protege Program; and (2) infrastructure assistance for historically Black colleges and other minority institutions. (Sec. 814) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1998 a test program for the negotiation of comprehensive small business subcontracting plans. (Sec. 815) Prohibits the expenditure of funds authorized by this Act for specified acquisition activities until the Secretary takes action with respect to: (1) issuing regulations with respect to small business subcontracting set asides and bid proposals; and (2) DOD policy regarding the Mentor-Protege Program. Subtitle C: Other Matters - Prohibits the use of funds for specified acquisition activities pending submission to the Congress by the Secretary of a national technology and industrial base periodic defense capability assessment and a periodic defense capability plan. (Sec. 822) Directs the President to take certain required industrial mobilization actions through the head of any military department (currently, through the Secretary). (Sec. 823) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend permanently the authority for DOD to share equitably the costs of claims under international armaments cooperative programs. (Sec. 824) Specifies factors to be considered by the Secretary when determining whether the application of certain provisions of the Buy American Act is inconsistent with the public interest. Title IX: Department of Defense Organization and Management - Subtitle A: Secretarial Matters - Establishes the 11th position of Assistant Secretary of Defense. Places the General Counsel of each of the military departments third in the order of succession to the Secretaries of such departments. Subtitle B: Commission on Roles and Missions of the Armed Forces - Amends the National Defense Authorization Act for Fiscal Year 1994 to require the Commission on Roles and Missions of the Armed Forces to review the role of the National Guard and other reserve components. Directs the Secretary, upon request, to make available to the Commission the services of one or more federally funded R&D centers covered by DOD sponsoring agreements. Subtitle C: Other Matters - Requires (current law authorizes) the inclusion within the membership of the Reserve Forces Policy Board of an officer of the regular Marine Corps and a regular military officer serving in a position on the Joint Staff. (Sec. 922) Prohibits the closure of the Uniformed Services University of the Health Sciences. Expresses the sense of the Congress that the Secretary should budget for the ongoing operation of the University. (Sec. 923) Authorizes the Secretary to provide joint duty credit for certain duty performed during military operations in support of unified, combined, or United Nations military operations. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in Division A for FY 1995 between any such authorizations for that fiscal year. Limits to $2 billion the total amount authorized for such transfers. Requires notification to the Congress of any transfers so made. (Sec. 1002) Authorizes emergency supplemental appropriations for FY 1994 for costs of ongoing U.S. operations in Somalia, Bosnia, Southwest Asia, and Haiti. Allocates such funds among military personnel, operation and maintenance, and procurement. (Sec. 1003) Changes the date for submission of the DOD future-years mission budget from the same time as submission of the defense budget each year to 60 days after such date. Subtitle B: Matters Relating to Allies and Other Nations - Amends the: (1) National Defense Authorization Act for Fiscal Year 1993 to repeal a limitation on overseas U.S. end strengths; and (2) National Defense Authorization Act, 1985, to revise the end strengths of U.S. military personnel assigned to permanent duty ashore in European member nations of NATO. (Sec. 1013) Earmarks funds authorized under this Act for cooperative threat reduction with states of the former Soviet Union under the Cooperative Threat Reduction Act of 1993. Extends certain semiannual reporting requirements under such Act. (Sec. 1014) Expresses congressional findings concerning defense cooperation between the United States and Israel. Encourages the President to ensure that any conventional defense system or technology offered for release to NATO allies should be simultaneously offered to Israel. Urges the President to make available to Israel advanced U.S. technology necessary for continued progress in U.S.-Israel R&D of theater missile defenses. (Sec. 1015) Authorizes the Secretary to conduct military-to-military contacts and comparable activities designed to encourage a democratic orientation of defense establishments and military forces of other countries. Provides funding. (Sec. 1016) Authorizes the President to conduct disaster relief activities outside the United States to respond to manmade or natural disasters when necessary to prevent the loss of lives. Requires a report to the Congress within 48 hours after commencement of such activities. Provides funding. Subtitle C: Nonproliferation and Counterproliferation of Weapon Systems and Related Systems - Amends the National Defense Authorization Act for Fiscal Year 1993 to: (1) extend through FY 1995 the authority for certain nuclear nonproliferation activities under such Act; (2) add to the purposes of such Act the prevention of biological, chemical, and missile proliferation; and (3) define FY 1995 funding sources for such activities. (Sec. 1022) Amends the National Defense Authorization Act for Fiscal Year 1994 to: (1) redesignate the Nonproliferation Program Review Committee as the Counterproliferation Program Review Committee; (2) designate the Secretary of Energy as the Vice Chairman of the Committee; (3) add to Committee purposes the coordination and funding of DOE related programs and R&D; (4) repeal various provisions concerning purposes, duties, and budget recommendations of the Committee; and (5) terminate the Committee after September 30, 1996. (Sec. 1023) Directs the Secretary to submit annual reports to the appropriate congressional committees on findings of the above Committee. (Sec. 1024) Earmarks funds authorized under this Act for: (1) counterproliferation activities; and (2) education in support of such activities. (Sec. 1025) Prohibits DOD travel funds from being expended for travel by the Assistant Secretary for International Security Policy until the Secretary submits certain reports and certifications required under prior law concerning the proliferation of foreign military satellites. Subtitle D: Peace Operations - Directs the Secretary to submit to the defense committees two reports on U.S. proposals for improving United Nations (UN) management of peace operations. (Sec. 1032) Expresses the sense of the Congress concerning support for international peacekeeping and peace enforcement activities. Authorizes the Secretary to: (1) pay the U.S. fair share of such activities in which U.S. combat forces participate; and (2) furnish assistance, on a reimbursable basis, in support of such activities. Requires 15 days' advance notice to designated congressional committees before the Secretary may take either action, with certain determinations to be included in such notice. Directs the President to require reimbursement from the UN or another source for the use of U.S. armed forces in support of such activities or for the provision of assistance. Allows the waiver of such reimbursement in exceptional circumstances. Establishes the Contributions for International Peacekeeping and Peace Enforcement Activities Fund for paying assessments for UN operations under the program. Prohibits the payment of such assessments when U.S. combat forces are not involved. Authorizes appropriations for FY 1995 for the Fund. Subtitle E: Reporting Requirements - Expresses congressional findings, and requires a report from the Secretary to the defense committees, with respect to the status of the offensive biological warfare program in the Russian Federation and other independent states of the former Soviet Union. (Sec. 1042) Specifies reporting requirements which are not to be considered terminated under the National Defense Authorization Act for Fiscal Year 1994. Subtitle F: Acceptance of Pre-release Services of Nonviolent Offenders - Authorizes the Secretary of a military department to accept specified services from nonviolent offenders incarcerated in a correctional facility of a State or local government. Provides: (1) conditions for acceptance of such services; and (2) specific limits on payments to State or local governments for the costs incurred in the provision of such services. Prohibits compensating any offender for services provided. (Sec. 1052) Amends the National Defense Authorization Act for Fiscal Year 1994 to add provisions which assure U.S. indemnification in connection with provision by the Secretary of prerelease employment training to nonviolent offenders incarcerated in State penal systems. (Sec. 1053) Authorizes the Secretary of the Army to conduct a demonstration project to test the feasibility of using Army facilities to provide employment training to nonviolent offenders in a State penal system prior to their release from incarceration. Subtitle G: Other Matters - Redesignates: (1) the U.S. Court of Military Appeals as the U.S. Court of Appeals for the Armed Services; and (2) the Court of Military Review as the Court of Military Criminal Appeals. (Sec. 1062) Directs the Secretary to designate a DOD official to serve as a single point of contact for immediate family members of any unaccounted-for Korean conflict or Cold War prisoner of war (POW) or missing in action (MIA). Outlines appropriate functions for such official. (Sec. 1063) Authorizes members and units of the National Guard to provide assistance to specified youth and charitable organizations if such assistance does not hamper the performance of duty, is not otherwise commercially available, and will enhance the Guard's military skills while not resulting in a significant increase in training costs. Provides authorized services and eligible organizations. (Sec. 1064) Prohibits any person, except with the written consent of the Secretary, from knowingly using the words "Defense Mapping Agency" or its initials, seal, or other imitations in connection with any merchandise. Prohibits any person from bringing an action against the United States on the basis of the content of a navigational aid prepared by such Agency. (Sec. 1065) Authorizes the Secretary of the Navy to transfer to Brazil specified naval vessels on a lease basis. Waives the requirement of a congressional notification. Requires transfer costs to be borne by Brazil. Terminates such transfer authority two years after enactment of this Act, but allows for the renewal of leases entered into during such period. (Sec. 1066) Directs the Secretary of the Army to transfer to the Marine Corps any Army M1A1 tanks that become excess to the requirements of the regular Army, up to the amount needed to satisfy the Marine Corps requirement for tanks. (Sec. 1067) Prohibits any funds available to DOD from being expended to merge defense telecommunications systems with any civil telecommunications system until the Secretary reports certain information to the congressional committees and 30 days have elapsed. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1995 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary, using specified amounts, to construct or acquire military family housing units, to carry out architectural planning and design activities, and to improve existing military family housing units. Authorizes appropriations to the Army for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized in this title. Amends the Military Construction Authorization Act for Fiscal Year 1992 to: (1) reduce the amount authorized for military construction projects at Fort Hunter Liggett, California; and (2) increase by a corresponding amount the sum authorized for such projects at Fort Stewart, Georgia. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under title XXI. Allows certain prior-year funds to be expended for a construction project at the Naval Supply Center, Pensacola, Florida. Directs the Secretaries of Transportation and the Navy to enter into an agreement providing for the relocation of the activities and functions of the Pascagoula Coast Guard Station to the Pascagoula Naval Station, Mississippi. Authorizes the Secretary of the Navy to carry out construction design activities for the Mayport Naval Station, Florida. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under title XXI. Amends the Military Construction Authorization Act for Fiscal Year 1994 to: (1) increase the amount authorized for a military construction project at Tyndall Air Force Base, Florida; and (2) increase the number of family housing units authorized to be constructed there. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to: (1) improve existing military family housing units; and (2) carry out energy conservation projects. Authorizes appropriations for fiscal years after 1994 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized in this title. Terminates authority to carry out a military construction project at the Fitzsimmons Army Medical Center, Colorado. Earmarks funds authorized under this Act for certain community impact assistance with regard to the Naval Weapons Station, Charleston, South Carolina. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary to make contributions to the NATO Infrastructure Program and authorizes appropriations for fiscal years after 1994 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1994 for the Guard and reserve forces for acquisition, architectural planning and design activities, and construction of facilities. Amends prior year military construction authorization Acts to increase the amount authorized for certain National Guard and reserve projects for which funds have been appropriated. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1997, or the date of enactment of an Act authorizing funds for military construction for FY 1998, whichever is later. Extends certain prior year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Amends the Demonstration Cities and Metropolitan Development Act of 1966 to authorize the Secretary to pay closing costs to eligible persons under the homeowners assistance program. Subtitle B: Base Closure Matters - Amends the Defense Base Closure and Realignment Act of 1990 to prohibit the Secretary or the Defense Base Closure and Realignment Commission, in considering military installations for closure or realignment, from taking into account any advance conversion planning undertaken by an affected community with respect to the anticipated closure or realignment of an installation. Makes clarifying and technical amendments to the above Act as well as the Defense Authorization Amendments and Base Closure and Realignment Act. Subtitle C: Land Transactions Generally - Directs the Secretary of the Interior to transfer to the Air Force certain lands contiguous to the Holloman Air Force Base, New Mexico, to be used in connection with a wastewater treatment facility. Provides for: (1) cattle grazing rights; (2) transfer compliance with environmental laws; (3) responsibility for the cleanup of hazardous substances; (4) mining and other rights-of-way; and (5) permitted public access to the lands transferred. (Sec. 2822) Authorizes the Secretary of the Navy to enter into an agreement with the Oxnard Harbor District, Port Hueneme, California, for the joint use by the Secretary and the District of U.S. Navy Wharf Number 3, upon which is located the Naval Construction Battalion Center of Port Hueneme. (Sec. 2823) Authorizes the Secretary of the Navy to lease to the YMCA of San Diego County, California, certain lands at the Naval Radio Receiving Facility, Imperial Beach, Coronado, California, to be operated and maintained as a summer youth residence camp. (Sec. 2824) Authorizes the Secretary of the Navy to release the U.S. reversionary interest to certain parcels of land in York County and James City County, Virginia, as well as in Newport News, Virginia. (Sec. 2825) Directs the Secretary of the Army to transfer administrative jurisdiction of specified real property at Fort Devens, Massachusetts, to the Secretary of the Interior for inclusion in the Oxbow National Wildlife Refuge. (Sec. 2826) Authorizes the Secretary of the Army to convey to the Hall County, Nebraska, Board of Supervisors all U.S. rights and interest to the Cornhusker Army Ammunition Plant in Hall County. (Sec. 2827) Directs the Administrator of General Services to transfer or convey to appropriate State or local governments or nonprofit organizations various current military installations or facilities, if determined appropriate and in the public interest after consultation with the Secretary. Subtitle D: Changes to Existing Land Transaction Authority - Makes various modifications with respect to current land transaction authority for: (1) the land conveyance at Fort A.P. Hill, Virginia; (2) the conveyance of an electric distribution system at Fort Dix, New Jersey; (3) the land conveyance at Fort Knox, Kentucky; and (4) the preservation as a nature preserve of the Calverton Pine Barrens at the Naval Weapons Industrial Reserve Plant, New York. Subtitle E: Other Matters - Allows the Secretary of a military department to authorize a nonappropriated fund instrumentality to contract for construction of a shopping mall or similar facility for a commissary store and one or more nonappropriated fund instrumentality activities. (Sec. 2843) Waives certain prior congressional reporting requirements for certain real property transactions in the event of war or national emergency. Requires reports in such cases within 30 days after action is taken. (Sec. 2844) Directs the Secretary of the Army to report to the Congress on the use of Army operation and maintenance funds for environmental restoration at the Cornhusker Army Ammunition Plant, Hall County, Nebraska. (Sec. 2845) Directs the Secretary of Defense to carry out, and report to the Congress on, a DOD Laboratory Revitalization Demonstration Program, allowing the Secretary to carry out minor military construction projects to improve laboratories covered by the Program. (Sec. 2846) Amends the Military Construction Authorization Act for Fiscal Year 1991 to: (1) waive a prior congressional notification requirement with respect to settlements with foreign countries for the release to such a country of improvements made at U.S. military installations, if such improvements have a value of $10 million or less; and (2) require the Secretary to report annually to the defense committees on such proposed agreements. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1995 for operating expenses, plant projects, and capital equipment necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) nuclear materials support and other defense programs; and (4) defense nuclear waste disposal. Reduces the total amount authorized to be appropriated in this Subtitle by a specified amount for use of FY 1994 balances. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 105 percent of the program authorization or $10 million more than the amount authorized, whichever is the lesser; or (2) programs which have not been presented to, or requested of, the Congress, unless the Secretary of Energy (Secretary, for purposes of this title) transmits to specified congressional committees a full statement of the action proposed and 30 days have expired. (Sec. 3122) Places certain funding limits (requiring congressional reports when amounts exceed such limits) for general plant and construction projects of DOE. Provides fund transfer authority. (Sec. 3125) Authorizes the Secretary to carry out advance planning and construction design services in connection with proposed construction projects not exceeding $3 million, requiring certain congressional notification for projects exceeding $600,000. Requires planning and design funds to be specifically authorized by law when their estimated cost exceeds $3 million. (Sec. 3126) Directs the Secretary, with exceptions, to complete a conceptual design for a construction project in support of a DOE national security program before submitting to the Congress a funding request for such project. (Sec. 3127) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense committees when funds are so used. Makes funds for management and support activities and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Directs the Secretary, as part of the stockpile stewardship program, to conduct a stockpile stewardship recruitment and training program at the Sandia, Lawrence Livermore, and Los Alamos national laboratories. Allows such program to support research for military or dual-use programs related to nuclear weapons stockpile stewardship. Earmarks funds from this title for such program. Directs the Secretary, as part of the program, to establish for such laboratories a retiree corps of retired scientists with expertise in R&D of nuclear weapons. Requires a report to the defense committees. (Sec. 3132) Earmarks funds authorized under this title for the defense inertial confinement fusion program. (Sec. 3133) Authorizes the Secretary to pay to the Hazardous Substance Superfund specified stipulated civil penalties assessed against the Fernald Environmental Management Project, Ohio, and the Portsmouth Gaseous Diffusion Plant, Ohio. (Sec. 3134) Authorizes the Secretary to reimburse four Colorado cities a specified amount for the cost of implementing water management programs. (Sec. 3135) Allows obligation of no more than 20 percent of the DOE funds authorized for limited and special access programs until the Secretary submits to the defense committees certain reports concerning such programs required under the Atomic Energy Act of 1954. Allows obligation of no more than 90 percent of the DOE funds authorized for national security programs until the Secretary submits to such committees a five-year budget plan required under prior law. (Sec. 3136) Earmarks specified funds authorized under this title for: (1) worker protection programs at nuclear weapons facilities; (2) the Scholarship and Fellowship Program for Environmental Restoration and Waste Management; (3) a hazardous materials management and emergency response training program at the Hanford Nuclear Reservation, Washington; (4) certain programs for persons at such plant who may have been exposed to radiation released from such plant; and (5) solar energy development activities at the Nevada Test Site. Subtitle D: Other Matters - Directs the Secretary to prescribe accounting procedures concerning the use of DOE national security program funds. (Sec. 3152) Directs the Joint Nuclear Weapons Council to coordinate and approve DOE activities concerning the study, development, and production of nuclear warheads. (Sec. 3153) Directs the Secretary to report to the Congress on the feasibility of conducting specified disarmament and demilitarization activities, nuclear weapon simulator technology development programs, the stockpile stewardship program, and experiments related to the nonproliferation of nuclear weapons at the Nevada Test Site. (Sec. 3154) Requires the Defense Nuclear Agency, as of October 1, 1995, to undertake responsibility for the production of tritium to meet the U.S. tritium requirements after 2008. (Sec. 3155) Amends the Department of Energy Organization Act to establish within DOE an Office of Fissile Materials Disposition. (Sec. 3156) Amends the National Defense Authorization Act, Fiscal Year 1989, to extend through FY 1997 the authority of the Secretary to loan personnel and facilities for the Idaho National Engineering Laboratory. (Sec. 3157) Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to eliminate the requirement of a five-year plan for DOE defense nuclear facilities. (Sec. 3158) Amends the Department of Energy Organization Act to authorize the Secretary to appoint up to 350 additional individuals in the scientific, engineering, professional, and administrative fields, without regard to civil service laws, in order to perform environmental restoration and waste management functions. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1995 for the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Authorizes the President to dispose of excess and obsolete materials contained in the National Defense Stockpile (NDS). Authorizes the NDS Manager, during FY 1995, to obligate a specified amount from the National Defense Stockpile Transaction Fund for authorized Fund uses. (Sec. 3303) Amends the National Defense Authorization Act for Fiscal Year 1993 to repeal a provision requiring the President to appoint an advisory committee to make recommendations concerning the operation and modernization of the NDS. (Sec. 3304) Amends the Strategic and Critical Materials Stock Piling Act to require the prevention of technological obsolescence in the rotation of NDS materials. Title XXXIV: Civil Defense - Authorizes appropriations for FY 1995 for carrying out the Federal Civil Defense Act of 1950. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1995 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1995, with specified limitations. Authorizes up to 43 passenger motor vehicles to be purchased for transporting Commission personnel across the Isthmus of Panama. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any law implementing those treaties. (Sec. 3504) Amends the Panama Canal Act of 1979 to authorize the use of Commission funds to defray the costs of education obtained in the United States (currently, only in the Republic of Panama) for Commission employees who are U.S. citizens. (Sec. 3505) Amends the Immigration and Nationality Act to provide special immigrant status for Panamanian nationals (and their dependents) who continue to be employed by the United States in an area of the former Canal Zone.

Bill· HRH.R. 4565 (103rd)referred

Government Travel Cost Reduction Act

United States · United States Congress · 10 June 1994

Government Travel Cost Reduction Act - Amends Federal law governing air travel of Federal employees and Members of Congress to mandate that a Federal or congressional agency include in its contract with an air carrier: (1) the establishment of a separate air travel business account for employees travelling on official agency business; and (2) deposit into the employee's air travel business account any travel bonuses awarded by the carrier.

Law· HRH.R. 4556 (103rd)enacted

Department of Transportation and Related Agencies Appropriations Act, 1995

United States · United States Congress · 9 June 1994

TABLE OF CONTENTS: Title I: Department of Transportation Title II: Related Agencies Title III: General Provisions Department of Transportation and Related Agencies Appropriations Act, 1995 - Title I: Department of Transportation - Makes appropriations for FY 1995 for: (1) the Office of the Secretary of Transportation; (2) the Coast Guard; (3) the Federal Aviation Administration (FAA); (4) the Federal Highway Administration; (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; (7) the Federal Transit Administration; (8) the Saint Lawrence Seaway Development Corporation; (9) the Research and Special Programs Administration; and (10) the Office of the Inspector General. Title II: Related Agencies - Makes appropriations for FY 1995 for: (1) the Architectural and Transportation Barriers Compliance Board; (2) the National Transportation Safety Board; (3) the Interstate Commerce Commission; (4) the Panama Canal Commission; (5) the Department of the Treasury; and (6) the Washington Metropolitan Area Transit Authority. Title III: General Provisions - Sets forth specified prohibitions, limitations, permissions, and mandates with respect to the use of appropriations under this Act. (Sec. 308) Prohibits the use of funds for the planning or implementation of any change in the current Federal status of the Volpe National Transportation Systems Center (except for further development planning that does not alter such status) or the Turner-Fairbank Highway Research Center. (Sec. 310) Requires the Secretary of Transportation (Secretary) to distribute, on a ratio-formulated basis, Federal-aid highway State obligation limits for FY 1995 for Federal-aid highways. Prohibits a State from obligating more than 25 percent of its allocation for such projects during the first three months of FY 1995. Sets forth additional specified obligation limits for States during FY 1995. (Sec. 311) Limits funds available for salaries and expenses to no more than 110 political and presidential appointees in the Department of Transportation. Prohibits the assignment of such personnel on temporary detail outside of the Department. (Sec. 316) Prohibits the use of funds to establish a vessel traffic safety fairway less than five miles wide between the Santa Barbara Traffic Separation Scheme and the San Francisco Traffic Separation Scheme. (Sec. 317) Authorizes airports to transfer, without consideration, to the FAA instrument landing systems which were purchased through a Federal airport aid or development program and which conform to FAA performance specifications. (Sec. 318) Prohibits the use of funds to award multiyear contracts for production end items that include: (1) economic order quantity or long lead time material procurement in excess of $10 million in any one year of the contract; (2) a cancellation charge greater than $10 million which at the time of obligation has not been appropriated to the limits of the Government's liability; or (3) a requirement that permits performance under the contract without conditioning such performance upon the appropriation of funds. (Sec. 324) Makes a specified amount of funds for railroad-highway crossing projects available for projects to reduce rail-highway conflicts on M-59, Pontiac, Michigan, and Bristol Road at Flint, Michigan (including amounts to improve Maple Road at Bishop Airport, Michigan). Provides funds for the rail relocation project in Lafayette, Indiana. (Sec. 327) Prohibits the use of funds to place speed limit or distance signs using the metric system on any State highway. (Sec. 329) Prohibits the use of funds to continue the federally-funded research and development center (FFRDC) relationship between the FAA and the Center for Advanced Aviation Systems Development afte March 31, 1995, except the FAA may continue such work after such date only by full and open competition among all interested parties. (Sec. 333) Prohibits the use of funds for the enforcement of regulations safeguarding food from contamination during transportation by motor or rail vehicle. (Sec. 336) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to revise eligibility requirements for Federal assistance with respect to certain substitute highway and transit projects in Wisconsin. (Sec. 337) Authorizes the Governor of Virginia to carry out a HOV-2 demonstration project on a specified section of Interstate Highway 66 in Virginia.

Bill· HRH.R. 4495 (103rd)referred

Airliner Cabin Air Quality Act of 1994

United States · United States Congress · 25 May 1994

Airliner Cabin Air Quality Act of 1994 - Amends the Federal Aviation Act of 1958 to prohibit smoking on all scheduled airline flight segments (currently, just on certain airline flight segments) in air transportation or intrastate air transportation.

Bill· HRH.R. 4471 (103rd)referred

Boating and Aviation Operation Safety Act of 1994

United States · United States Congress · 23 May 1994

Boating and Aviation Operation Safety Act of 1994 - Amends Federal bankruptcy law to prohibit the discharge of a debt for the death or injury caused by a debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance.

Bill· HRH.R. 4466 (103rd)referred

Truth in Airport Parking Act

United States · United States Congress · 20 May 1994

Truth in Airport Parking Act - Amends the Metropolitan Washington Airports Act of 1986 to direct the Secretary of Transportation and the Administrator of the Federal Aviation Administration to ensure that Airport Authority facilities that receive Federal aid and provide special parking privileges, including free parking, to Members of Congress and other Federal officials post signs that clearly indicate that such Members and officials are receiving such privileges and that such parking is federally-funded.

Bill· HRH.R. 4203 (103rd)open

Aviation Investment Act of 1994

United States · United States Congress · 13 April 1994

TABLE OF CONTENTS: Title I: Aviation Investment Act of 1994 Title II: Federal Aviation Act of 1958 Amendments Title III: Aviation Safety and Noise Abatement Act of 1979 Amendments Title IV: General Provisions Title V: Amendments to the Internal Revenue Code of 1986 Title I: Aviation Investment Act of 1994 - Aviation Investment Act of 1994 - Amends the Airport and Airway Improvement Act of 1982 to declare that it is in the national interest to encourage projects that employ innovative technology that promotes safety, capacity, and efficiency improvements in air transportation. (Sec. 103) Makes the acquisition or installation by a public-use airport of explosive detection devices and universal access systems an "airport development" activity. (Sec. 104) Authorizes appropriations for: (1) FY 1994 through 1997 for airport development and airport planning projects; (2) FY 1996 through 1997 for airport improvement projects; and (3) FY 1995 through 1997 for research, engineering and development, and demonstration projects. (Sec. 107) Authorizes the appropriation of the balance of available funds in the Airport and Airway Trust Fund for costs incurred by the Federal Aviation Administration (FAA) in operating the aviation system in a safe and efficient manner. (Sec. 109) Extends through FY 1997 the requirement that any obligation or expenditure of amounts appropriated from the Trust Fund for navigation services and facilities be expressly authorized by amendment of specified law. (Sec. 110) Declares that, if the Congress limits the apportionment for airport development and airport planning projects in any fiscal year to less than $1.9 billion, the total apportionment for primary and cargo service airports shall not exceed 44 percent of such amount. (Sec. 111) Requires not less than five percent (currently, ten percent) of funds for airport development and airport planning to be distributed to reliever airports. Requires not less than 1.5 (currently, 2.5 percent) of such funds to be distributed to: (1) nonprimary commercial service airports; and (2) certain noncommercial service public airports. Makes permanent the set-aside of airport development and airport planning funds for the development of current and former military airports. (Sec. 112) Authorizes the Secretary of Transportation (Secretary) to designate one or more military airports to receive such funds. Requires the Secretary in making such designations to consider only those military airports listed in the reports issued by the Defense Base Closure and Realignment Commission whose conversion would enhance civil airport and air traffic control system capacity. Authorizes the Secretary to designate military airport set-aside participation to obtain grants to operate and repair airport facilities during the transition to civil operations. Limits participants who receive such funds to $250,000 apiece. (Sec. 113) Reduces from two to one the minimum number of airports that may benefit from a State's project application for airport development or airport planning projects. (Sec. 114) Allows as a project cost reimbursable by the U.S. Government airport development and airport planning costs incurred: (1) not more than two years before a project grant agreement was executed; (2) after September 30, 1993; (3) in accordance with an approved airport layout plan and applicable statutory requirements; and (4) after the Secretary's approval. (Sec. 115) Allows the unlimited use of discretionary funds for terminal development at commercial service airports enplaning no more than .05 percent of the total U.S. enplanements (small airports) annually. (Sec. 116) Declares that nothing in such Act shall be construed to prohibit the obligation of amounts for airport development and planning projects pursuant to a letter of intent in the same fiscal year as the letter of intent is issued. (Sec. 117) Extends the State block grant pilot program for airport development and planning through September 30, 1997. Authorizes such program to provide funding for integrated airport system planning. Requires such planning to include at least one primary airport enplanning 0.25 percent or more of the total number of passengers enplanned annually at all commercial services airports. (Sec. 118) Authorizes the Secretary to make grants to State and local governments for land use compatibility planning projects that make the use of land areas around airports compatible with aircraft operations. (Sec. 119) Authorizes the Administrator of the FAA to contract with the Center for Aviation Research and Education of the National Association of State Aviation Officials for the collection of airport safety data. (Sec. 120) Revises the term "integrated airport system planning" to include, among other things, the role which airports play in the transportation system in a specific area. Mandates that not less than one percent (currently, one-half of one percent) of airport development and airport planning funds be distributed during each fiscal year to planning agencies for integrated airport system planning. Sets forth certain requirements for the approval of a grant to a planning agency for integrated airport system planning. (Sec. 121) Authorizes the Secretary, in a manner that advances the overall infrastructure needs of the aviation sector of the nation's economy, to enter into innovative financing agreements that produce a greater amount of investment in airport development per dollar of Federal expenditure than generally prevails in the existing Federal airport improvement program. Authorizes appropriations. Title II: Federal Aviation Act of 1958 Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into cooperative agreements on a cost-shared basis with Federal and non-Federal entities to promote aviation research, engineering, and development, including the development of prototypes and demonstration models. (Sec. 202) Authorizes the Administrator of the FAA to provide safety-related training and operational services for foreign aviation authorities with or without reimbursement, if it promotes aviation safety or U.S. aviation interests. Requires reimbursed air travel, to the extent practicable, to be provided on U.S. air carriers. (Sec. 203) Authorizes the Administrator of the FAA to collect fees for providing the following aviation services outside the United States: any test, authorization, certificate, permit, rating, evaluation, approval, inspection, or review. (Sec. 204) Revises the mandatory features of a fee proposal the Secretary must find when granting a public agency controlling a commercial service airport the authority to impose a passenger facility fee to finance specific projects. Requires the application for such authority to include adequate justification for each of the specific projects. Title III: Aviation Safety and Noise Abatement Act of 1979 Amendments - Amends the Aviation Safety and Noise Abatement Act of 1979 to revise and make uniform the Federal share of costs for airport noise compatibility projects. (Sec. 302) Provides for projects to soundproof residential buildings if specified conditions are met. (Sec. 303) Repeals a certain annual reporting requirement concerning the status of the implementation of collision avoidance systems in the national air traffic control system. Title IV: General Provisions - Requires compensation received by the United States from the transfer of the San Jacinto Disposal Area to the City of Galveston, Texas, to include compensation to the FAA for costs to replace existing airway facilities on such area. (Sec. 402) Amends the Aviation Noise and Capacity Act of 1990 to provide certain waiver authority with respect to foreign air carriers. (Sec. 403) Amends the Airport and Airway Development Act of 1970 to repeal a provision requiring local government approval of airport development projects for general aviation airports that are located astride a line separating two counties within a single State. Title V: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to extend certain aviation-related taxes and trust fund spending authority.

Bill· HRH.R. 4163 (103rd)open

National Park Scenic Overflight Concessions Act of 1994

United States · United States Congress · 24 March 1994

National Park Scenic Overflight Concessions Act of 1994 - Amends the National Park Service Concessions Policy Act to prohibit a person from flying an individual for compensation over a National Park System (NPS) unit to view any portion of the unit unless the person has in effect a valid commercial air tour permit issued by the Secretary of the Interior. Requires the Secretary to publish guidelines applicable to commercial air tour flights over NPS units providing for such flights where appropriate and restricting or prohibiting such flights where necessary. Authorizes the Secretary to amend the general management plan for any NPS unit to establish air concessions requirements applicable to flights subject to the permit requirements of this Act that: (1) document the degree to which commercial scenic overflights may affect the natural resources of the park unit concerned and the effects of such overflights on the park visitor's experience; and (2) propose measures necessary to protect park resources and the visitor's experience from the adverse effects of commercial scenic overflights. Imposes a fine and up to five years' imprisonment on any person who knowingly or willfully violates any requirement, rule, or regulation promulgated pursuant to this Act. Directs the Administrator of the Federal Aviation Administration (FAA), in cooperation with the Secretary, to develop: (1) standardized reporting systems for the documentation of low flying aircraft incidents in airspace over NPS units; and (2) training programs and instructional materials for National Park Service personnel to enable them to recognize and report such incidents. Requires the Administrator to amend the FAA regulations to treat aircraft noise abatement at NPS units as in the public interest. Directs the Administrator and the Secretary to report jointly to the Congress on the progress made under this Act and other authority of law in mitigating the adverse effects of commercial scenic overflights at NPS units.

Bill· HRH.R. 4055 (103rd)referred

Violent and Repeat Offender Accountability Act of 1994

United States · United States Congress · 16 March 1994

TABLE OF CONTENTS: Title I: Boot Camp Title II: Stonger Penalties for Drug Offenders Title III: Violence Against Women and Children Title IV: Immigration and Asylum Reform Title V: Child-Related Sex Offenders Title VI: Truth in Sentencing Title VII: Three Strikes and You're Out Title VIII: Habeas Corpus Reform Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases Title IX: Increase Penalties for Juveniles Title I: Boot Camp - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary of Defense, before any transferring or disposing of real property at a military facility being closed or realigned, to notify the State and each local government in whose jurisdiction the facility is located and other interested persons of the suitability of the property or facility for use as a youthful offender boot camp. Requires the State, local government, or interested party to whom such real property is so transferred to certify that the property or facilities will be promptly converted and used for such purpose. Directs the Secretary to develop a model program intended to incorporate military basic training, instruction, and disciplinary procedures into the design and operation of youthful offender boot camps at the Federal, State, and local levels. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to reallocate between public agencies and private nonprofit organizations the percentage of grant funds authorized under such Act for correctional options that provide alternatives to traditional modes of incarceration and offender release programs. Title II: Stronger Penalties for Drug Offenders - Amends the Controlled Substances Act to provide for life imprisonment without parole, probation, or suspension or the death penalty for certain drug trafficking offenses. Makes procedures applicable to the death penalty for certain offenses under the Federal Aviation Act of 1958 applicable to the death penalty for an offense under this title. Title III: Violence Against Women and Children - Amends the Federal criminal code to provide for: (1) pretrial detention in sex offense cases; and (2) the death penalty for murders committed by sex offenders. (Sec. 303) Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. (Sec. 305) Directs the U.S. Sentencing Commission to amend the sentencing guidelines to increase by at least four levels the base level for aggravated sexual abuse or sexual abuse offenses and to consider whether any other changes are warranted with respect to such offenses. (Sec. 306) Requires a judicial officer, in a sex offense case, to include in an order for release or detention of a defendant pending trial a requirement that a test for human immunodeficiency virus (HIV) be performed upon the person and that followup tests for the virus be performed six to 12 months following the date of the initial test, unless the judicial officer determines that the conduct of the person created no risk of transmission of the virus to the victim. Directs the Sentencing Commission to amend existing guidelines for sex offenses to enhance the sentence if the offender knew or had reason to know that he was infected with HIV, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. (Sec. 307) Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. (Sec. 308) Amends the Federal criminal code to establish penalties for interstate travel to commit spouse abuse or to violate a protective order. (Sec. 309) Provides for full faith and credit of protective orders among the States. (Sec. 310) Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse or a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Title IV: Immigration and Asylum Reform - Amends the Immigration and Nationality Act (INA) to provide expedited exclusion procedures for aliens who arrive without proper documentation or who are determined by a special asylum officer not to have a proper claim of asylum (based upon a credible fear of persecution). Limits judicial review to habeas corpus. (Sec. 402) Increases penalties for certain alien smuggling offenses. Extends penalties to persons who contract to bring in illegal labor. Treats smuggling as an aggravated felony. (Sec. 403) Expands forfeiture for smuggling or harboring illegal aliens. Includes alien smuggling as a racketeering activity for purposes of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 406) Revises asylum procedures. Sets forth mandatory and discretionary conditions for granting provisional asylum. Establishes new applicable deadlines. States that asylum applications shall be determined by specially trained asylum officers. Terminates an alien's claim for failure to appear at the application hearing unless the alien can show exceptional circumstances. (Sec. 409) Directs the Attorney General to cause to be issued new registration and identification cards to all aliens who are qualified to hold employment in the United States for the purpose of providing proof of employment eligibility. (Sec. 410) Requires each alien who is authorized to be employed in the United States to turn in any alien registration and identification card on or before October 1, 1994. Prohibits any resident alien from receiving the new card until: (1) the alien has surrendered the old green card, provided proof of identity, provided such other documents as may be required under law, and paid a fee (not to exceed $75, subject to waiver or reduction if the alien shows that he or she cannot afford the full fee) that is reasonable and sufficient to cover the costs of administration of this section; and (2) the Immigration and Naturalization Service has verified the lawful status of the alien. Sets forth provisions regarding the: (1) posting of notices of the requirements of this section; (2) invalidity of old cards as of midnight October 1, 1997; (3) use of new cards with respect to income and eligibility verification requirements under the Social Security Act and conditions for the provision of financial assistance for individuals under the Housing and Community Development Act of 1980; and (4) limitations on required uses of such cards (not a national identity card). (Sec. 412) Directs the Attorney General to conduct a nationwide program to inform employers about their responsibilities under the INA and the uses of the new alien registration and identification cards. (Sec. 413) Authorizes appropriations. (Sec. 414) Directs the Attorney General to: (1) continue to conduct employment eligibility verification demonstration projects under the INA to establish the feasibility of determining the employment eligibility of aliens authorized to work in the United States through the use of a telephone and computation capability that is available on the date of this Act's enactment; and (2) report to the Congress on such projects. Title V: Child-Related Sex Offenders - Expresses the sense of the Congress regarding: (1) criminal background checks for prospective employees or volunteers of schools and other State-licensed or tax-funded organizations that interact with children; (2) registration of persons convicted of a child-related sex offense with the local law enforcement agency (LEA); (3) LEA submission of information on individuals convicted of such offenses to the national criminal history background check system and LEA access of the Federal Bureau of Investigation data base for criminal background checks on employees, prospective employees, or volunteers in State-licensed or federally funded organizations that interact with children; (4) release of police information on whether a person has been convicted of such an offense where the convicted person lives in the same country as the person making the request; (5) criminal penalties for violating confidentiality requirements governing the release of information obtained through the registration of individuals who have committed such offenses; (6) a prohibition against a school, child care institution, foster family or group home, or child placing agency hiring or utilizing an individual convicted of such an offense; and (7) notification of the school superintendent by the LEA or prosecuting attorney regarding the arrest or filing of charges against a person known to be employed by such school. Title VI: Truth in Sentencing - Violent and Repeat Offender Accountability Act of 1994 - Requires each State, to be eligible for funds under this title, to conduct and report to the Attorney General on a systematic review of its criminal sentencing laws and practices, including analyses related to: (1) the State statutory criminal sentencing scheme; (2) sentences actually imposed for specified crimes; (3) time actually served; (4) practices and procedures relating to probation, parole, and other alternatives to incarceration; (5) restitution; (6) pretrial detention; (7) victims' rights; (8) post-conviction relief procedures; (9) application of adult sentencing laws to juvenile offenders; and (10) prison capacity. (Sec. 605) Directs each State to submit to the Attorney General for approval a plan that evaluates the criminal sentencing system and, if necessary, creates a sentencing system which provides for: (1) State constitutional or statutory authority for pretrial detention of dangerous criminals; (2) mandatory minimum prison sentences which do not allow probation or suspension of sentence for certain violent or repeat offenders; (3) mandatory life sentence with no release for a third or subsequent conviction of a violent crime; (4) provisions which restrict parole, good-time credit release for violent offenders, or other early release to not more than a total reduction of 15 percent of the sentence imposed; and (5) State constitutional or statutory provisions which guarantee victims the right to be informed, present, and heard at all critical stages of the criminal case, and which ensure the collection, tracking, and enforcement of restitution from the offender in all cases involving economic loss to the victim. (Sec. 606) Makes funds available from amounts appropriated for foreign operations, trade promotion, travel and tourism activities, and Federal land purchases. Limits the Federal share of grants under this title to 50 percent of total project costs. Title VII: Three Strikes and You're Out - Requires the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to prison for life if the defendant has previously been convicted of two other violent felonies. Provides that the defendant shall be subject to the death penalty if a death results from the violent felony. Defines "violent felony" as a State or Federal crime of violence: (1) that involves the threat, use, or risk of physical force against another person; (2) for which the maximum authorized imprisonment exceeds one year; and (3) which is not designated a misdemeanor by the law that defines the offense. Title VIII: Habeas Corpus Reform - Subtitle A: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 802) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. (Sec. 804) Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. (Sec. 805) Establishes a two-year statute of limitations for habeas corpus actions brought by Federal prisoners. Subtitle B: Special Procedures for Collateral Proceedings in Capital Cases - Sets forth special habeas corpus procedures in capital cases, including provisions regarding: (1) the appointment of counsel for indigent prisoners and limitations on claims for the ineffectiveness or incompetence of counsel; (2) mandatory stays of execution, limits on stays of execution, and successive petitions; (3) time requirements and tolling rules for the filing of petitions; (4) evidentiary hearings, the scope of Federal review, and district court adjudication; (5) certificates of probable cause (inapplicable except when a second or successive petition is filed); (6) application to State unitary review procedure; and (7) limitation periods for determining petitions. Subtitle C: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of the Bureau of Justice Assistance to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Title IX: Increase Penalties for Juveniles - Amends the Federal criminal code to authorize prosecution as an adult of a juvenile who was age 13 or older and in possession of a firearm at the time he or she committed one of the following offenses: (1) assault with intent to commit murder, to commit any felony except murder, or to do bodily harm without just cause or excuse; (2) murder, attempted murder, or manslaughter; (3) taking from the person or presence of another anything of value by force, violence, or intimidation; (4) bank robbery and certain incidental crimes; or (5) an aggravated sexual abuse by force or threat or by other specified means. Prohibits the juvenile from being incarcerated in an adult prison. Entitles the juvenile to petition for resentencing when he or she reaches age 16. Requires the Sentencing Commission to promulgate or amend existing guidelines, if necessary, to permit sentencing adjustments that provide for supervised releases for defendants who have clearly demonstrated an exceptional degree of responsibility for the offense and a willingness and ability to refrain from future criminal conduct.

Bill· SS. 1902 (103rd)referred

Export Administration Act of 1994

United States · United States Congress · 8 March 1994

Export Administration Act of 1994 - Sets forth congressional findings and policies with respect to export controls on goods and technology. (Sec. 4) Authorizes the Secretary of Commerce (Secretary) to require a general license for the export of goods and technology. Requires the Secretary to establish a Munitions (Control List) containing license requirements for the export of such items. Requires the Secretary of Defense to bear primary responsibility for establishing the Military Critical Technologies List (MCTL) to identify equipment and technologies critical to design, development, production, or use of weapons of mass destruction, including nuclear, biological and chemical weapons, and manned and unmanned vehicles capable of delivering such weapons. Declares that authority or permission to export may not be required under this Act, except to carry out the export policies of this Act. Requires the Secretary to: (1) keep the public apprised of changes in export control policy and procedures with a view to encouraging trade and, upon the request of an industry affected by such controls; and (2) appoint technical advisory committees. (Sec. 5) Authorizes the President to prohibit or curtail the export of weapons of mass destruction if it is determined that: (1) such controls essential to advancing the nonproliferation, national security, or foreign policies of the United States; and (2) either like-minded States have agreed with such controls or such controls are in the U.S. national interest and their objective cannot be obtained by other means. Requires the Secretary to keep the Congress apprised of changes in U.S. export control policy or procedure. Urges the Secretary of State to seek multilateral arrangements with foreign countries that secure the achievement of the nonproliferation of weapons of mass destruction and, in so doing, also establish fairer and more predictable competitive opportunities for U.S. exporters. Specifies standards for the establishment of multilateral control regimes. Requires the Secretary of State to seek support for unilateral controls of such weapons by other foreign countries and effective multilateral control regimes. Requires the Secretary of State to negotiate with member countries of the Coordinating Committee (CoCom), the Missile Technology Control Regime (MTCR), the Australia Group, the Nuclear Suppliers' Group, and other regimes to obtain their cooperation in restricting the export of weapons of mass destruction. Directs the Secretary to require a license for the export of: (1) certain dual use items and other items that would provide a material contribution to missile technology or chemical and biological weapons; and (2) any items that an exporter knows are destined for a project for the design, development, or manufacture of such items. Requires a license for the export of such items to a country if the Secretary of State has determined: (1) such country supports acts of terrorism; and (2) the export of such items could contribute to the military potential of such country, or enhance its ability to support such terrorism. Requires a license for the export of crime control and detection equipment, with specified exceptions. Declares it is U.S. policy that no U.S. exporter should be commercially disadvantaged because of export controls unless relief from such controls would create a risk to the foreign policy, nonproliferation, or national security interests of the United States. Authorizes a person to petition the Secretary for relief from such controls on grounds of: (1) foreign availability of an item from non-U.S. sources, thereby rendering license requirements ineffective in achieving control purposes; (2) ineffective controls; or (3) commercial disadvantage. Sets forth provisions for the relief of items controlled by CoCom. Directs the Secretry to annually notify specified congressional committees of the status of all relief petitions. Requires export controls unilaterally imposed by the United States for purposes adopted by CoCom to expire six months after enactment of ths Act, or six months after such control is imposed, whichever date is later, with specified exemptions. Requires the Secretary to publish: (1) parties denied export privileges; (2) parties sanctioned for prohibited proliferation; (3) specially designated nationals under the International Emergency Economic Powers Act, as amended; and (4) other parties for whom licenses will be presumptively denied. Declares that the identity of such parties is not subject to disclosure under the Freedom of Information Act (FOIA). (Sec. 6) Authorizes the President to prohibit or impose quantitative restrictions on the export of goods and technology that are domestically in short supply. Directs the Secretary to monitor exports, and contracts for exports, of goods in cases where the volume of such exports in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such increase or shortage has, or may have, a serious adverse impact on the economy. Prohibits the export of Alaskan North Slope oil with specified exceptions. Prohibits the President from imposing quantitative restrictions based on short supply controls on agricultural commodities (including fats and oils or animal hides or skins) without the approval of the Secretary of Agriculture. Prohibits such approval during any period when supply is in excess of domestic consumption, except to the extent the President determines such imposition is necessary to protect national security and foreign policy interests of the United States, or to fulfill U.S. international commitments. Requires the President, if such control are imposed, to report on such action to the Congress. Limits the duration of such controls to no more than one year. Authorizes the exemption from such quantitative limitations items exported or imported pursuant to a barter agreement. Prohibits the exportation of unprocessed western red logs (Thuja plicata) harvested from State (except Alaska) or Federal lands. Declares that shipments of crude oil and refined and partially refined petroleum products for use by the Department of Defense or U.S.-supported installations shall not, for purposes of export controls on Alaskan North Slope oil, be considered to be exports. (Sec. 7) Directs the President to issue regulations that prohibit, with specified exceptions, U.S. persons from supporting any boycott imposed by a foreign country against a country that is friendly to the United States and that is not itself the object of a U.S. boycott. (Sec. 8) Specifies procedures for the processing of export license applications, including the screening, referral, approval or denial, and review of such applications. (Sec. 9) Sets forth both civil and criminal penalties for violations committed under this Act. (Sec. 10) Makes the Secretary responsible for providing policy guidance on the enforcement of this Act. Sets forth requirements with respect to: (1) the forfeiture of goods and tangible items lawfully seized by the United States for violations committed under this Act; (2) undercover investigative operations of the Office of Export Enforcement of the Department of Commerce; and (3) a financial audit and report to the Congress on each undercover investigative operation. (Sec. 11) Directs the President to appoint, by and with the advice and consent of the Senate, an Under Secretary of Commerce for Export Administration who shall perform all functions of the Secretary under this Act. Authorizes the Secretary to issue regulations to implement this Act. Sets forth requirements for: (1) non-disclosure of confidential information; (2) disclosure of information to the Congress and the General Accounting Office (GAO); (3) penalties for disclosure of confidential information; and (4) public opportunity for comment on regulations imposing export controls. Requires the Secretary to establish a Control List containing items which require a license for export to designated countries. Authories the Secretary to participate in the education and training of officials from other countries on the principles and procedures for the implementation of effective export controls. Declares that an export license may not be required for the export of a commodity solely because it contains parts or components subject to export control if such parts or components: (1) are essential to the functioning of the good; (2) are customarily included in the sales of the item in countries other than target countries; and (3) comprise 25 percent or less of the total value of the good, unless the good itself would make a significant contribution to the military or proliferation potential of a target country or end user which would prove detrimental to U.S. national security. Declares that no authority may be required for certain reexports of foreign-made items incorporating U.S. items. Declares that this Act does not authorize export controls on: (1) medical instruments and equipment; (2) medicine or medical supplies; or (3) donations of items intended to meet basic human needs, including food, educational materials, seeds, hand tools, water resources equipment, clothing and shelter materials, and basic household supplies. Declares that, with respect to unilateral controls, the President may not, except in specified circumstances, prohibit the export or reexport of items in performance of a contract entered into, or under a validated license issued, before the effective date of such controls, or the date on which the President reports to the Congress on the intention to impose controls on such exports or reports. (Sec. 12A) Requires the President to determine whether any foreign person has knowingly contributed to the efforts of any government, group, entity, or project to use, design, develop, produce, or stockpile chemical or biological weapons or missiles. Requires the President, in the event of different specified affirmative determinations, to impose certain sanctions on such person, including: (1) denial of an export license; (2) denial of Government procurement contracts; (3) termination of U.S. foreign assistance (except for humanitarian assistance); (4) termination of the financing of arms and arms sales; (5) denial of U.S. financial assistance and multilateral development bank assistance; (6) prohibition on exports of national security-sensitive items; (7) imposition of export and import restrictions; (8) suspension of diplomatic relations; and (9) denial of air landing rights. (Sec. 12B) Amends the Arms Export Control Act to provide for such sanctions. (Sec. 15) Prohibits items from being included on both the Control List and the United States Munitions List. Requires the Department of State to resolve conflicting claims of jurisdiction between such lists in a timely fashion. Amends the International Emergency Economic Powers Act to prohibit public disclosure, except in the national interest, of confidential information connected with the authorization to export goods and technology (including export licenses and multilateral agreements to export). Declares that any product which is standard Federal Aviation Administration (FAA) certified equipment in aircraft and which is exported to a noncontrolled country shall be subject exclusively to the export controls under this Act. (Sec. 16) Authorizes appropriations.

Bill· HRH.R. 3958 (103rd)open

Fiscal Responsibility Act of 1994

United States · United States Congress · 3 March 1994

TABLE OF CONTENTS: Title I: Committee on Agriculture Subtitle A: Administration Subtitle B: Commodity programs Subtitle C: Crop Insurance and Disaster Relief Subtitle D: Food Stamps Subtitle E: Agricultural Trade Subtitle F: Conservation Title II: Committee on Armed Services Subtitle A: General Program Reductions Subtitle B: National Defense Stockpile Title III: Committee on Banking, Finance and Urban Affairs Title IV: Committee on Education and Labor Title V: Committee on Energy and Commerce Title VI: Committee on Foreign Affairs Title VII: Committee on Government Operations Title VIII: Committee on the Judiciary Title IX: Committee on Merchant Marine and Fisheries Title X: Committee on Natural Resources Title XI: Committee on Post Office and Civil Service Title XII: Committee on Public Works and Transportation Title XIII: Committee on Science, Space, and Technology Title XIV: Committee on Small Business Title XV: Committee on Veterans' Affairs Title XVI: Committee on Way and Means Title XVII: Multiple Committee Jurisdiction Subtitle A: Benefits for Illegal Aliens Subtitle B: Economic Development Administration Sunset Subtitle C: Reductions in Spending Under Medicare Subtitle D: Economic Development and Disaster Assistance Subtitle E: International Trade Administration Assistance Subtitle F: Agricultural Export Bonus Program Title XVIII: Unfunded mandates Subtitle A: General Limitations Subtitle B: Commission on Unfunded Federal Mandates Subtitle C: State Mandate Estimates Title XIX: Legislative Branch Provisions Title XX: Enforcement Fiscal Responsibility Act of 1994 - Title I: Committee on Agriculture - Subtitle A: Administration - Consolidates the Agricultural Research Service, the Cooperative State Research Service, and the Extension Service of the Department of Agriculture. (Sec. 102) Reduces the number of specified farm agencies field offices. Subtitle B: Commodity Programs - Amends the Agricultural Act of 1949 to repeal nonrecourse loan authority for rice, cotton, feed grains, wheat, oilseeds, sugar, and other nonbasic commodities. (Sec. 112) Reduces target prices for wheat, feed grains, upland cotton, and rice (basic commodities). (Sec. 113) Eliminates the 0/85 and 50/85 conservation use programs. (Sec. 114) Reduces basic commodities payment acres. (Sec. 115) Eliminates the tobacco price support and marketing quota programs. (Sec. 116) Eliminates the peanut price support program. (Sec. 117) Eliminates the cotton price support and related programs. (Sec. 118) Eliminates the price support and related programs. Subtitle C: Crop Insurance and Disaster Relief - Repeals the Federal Crop Insurance Act. Directs the Secretary of Agriculture to implement an annual emergency crop loss assistance program. Authorizes appropriations. Subtitle D: Food Stamps - Amends the Food Stamp Act of 1977 to reduce State administrative reimbursement amounts. Subtitle E: Agricultural Trade - Discontinues the Foreign Agricultural Service's cooperator market development program. (Sec. 142) Amends the Agricultural Trade Act of 1978 to eliminate the export enhancement program. (Sec. 143) Reduces funding levels for short-term export credit guarantees. (Sec. 144) Eliminates the market promotion program. Subtitle F: Conservation - Amends the Food Security Act of 1985 to eliminate the conservation reserve program. Title II: Committee on Armed Services - Subtitle A: General Program Reductions - Directs the Secretary of Defense to prohibit the obligation of funds appropriated for a fiscal year after FY 1994 for procurement of the Trident II missile, except for necessary contract termination costs. (Sec. 202) Directs the Secretary of the Navy, by the end of FY 1995, to end the use of double crews on ballistic missile submarines and to reduce the operating tempo of such submarines so that only about one-third are at sea at any one time, with an exception for national security reasons. (Sec. 203) Requires: (1) an FY 1995 five percent reduction in the amount spent by the Government on intelligence activities; (2) cancellation of the Air Force Follow-on Early Warning System; (3) by the end of FY 1997 a reduction to no more than 100 cruisers, destroyers, and frigates in the active forces of the Navy; (4) a reduction in the rate of procurement of DDG-51 destroyers; (5) cancellation of construction of any new TAGOS-23 vessels and MHC mine-hunting vessels; (6) by the end of FY 1998 the elimination of four Army light divisions; (7) the cancellation of the Army tank upgrade program; (8) procurement of no more than 60 C-17 aircraft; (9) during FY 1995 a ten percent reduction in the amounts spent by the Department of Defense (DOD) for independent research and development; (10) the cancellation of the National Aerospace Plane program; (11) the termination of funding for SEMATECH; (12) the Secretaries of the military departments to utilize temporary early retirement authority for personnel within their departments; (13) by the end of FY 1998 a reduction in the number of officer personnel; (14) a reduction in drills for noncombat reserve units; and (15) a denial of unemployment benefits to individuals who voluntarily leave military service. (Sec. 219) Directs the Secretary to: (1) reduce the DOD civilian work force to 813,000 by the end of FY 1997; (2) downsize the amount expended on recruiting by 13 percent by the end of FY 1995; (3) reduce the number of DOD civilian personnel performing support functions at military installations; and (4) implement a one-year tour of duty for personnel assigned to duty in Europe (with exceptions) by the end of FY 1996. (Sec. 223) Directs the President to negotiate with Italy, Germany, the United Kingdom, and the Republic of Korea toward a greater assumption of (not less than 75 percent of annual costs) of the costs of stationing U.S. troops there. (Sec. 224) Directs the Secretary of Energy to sell the naval petroleum reserves. Subtitle B: National Defense Stockpile - Amends the National Defense Authorization Act for Fiscal Year 1994 and the National Defense Authorization Act for Fiscal Year 1993 to require (current law authorizes) the disposal of obsolete and excess materials in the National Defense Stockpile (NDS). Requires all proceeds from the sale of NDS materials to be placed in the Treasury and used to reduce the Federal deficit. Title III: Committee on Banking, Finance and Urban Affairs - Amends the Housing and Community Development Act of 1974 to eliminate the community development block grant program. (Sec. 302) Amends specified housing Acts to increase family rental contributions. (Sec. 303) Amends the United States Housing Act of 1937 to freeze public housing and section 8 Federal rental assistance levels at FY 1994 levels. (Sec. 304) Prohibits the Secretary of Housing and Urban Development from entering into new assistance agreements for construction of (non-Indian) public housing, housing for the elderly, and housing for persons with disabilities. Increases voucher authority and set-asides for housing for the elderly and persons with disabilities. (Sec. 305) Prohibits the Secretary from making special purpose grants. (Sec. 308) Amends the National Housing Act to terminate the Government National Mortgage Association. (Sec. 313) Repeals the Low-Income Housing Preservation and Resident Homeownership Act of 1990. (Sec. 315) Prohibits the Secretary from making or insuring any new rural rental housing loans under the Housing Act of 1949. (Sec. 316) Limits annual rural housing loan or loan guarantee amounts under such Act. (Sec. 317) Prohibits U.S. assistance to the International Development Association through FY 1999. (Sec. 318) Amends the Export-Import Bank Act of 1945 to authorize specified appropriations through FY 1999 for the Export-Import Bank of the United States. Title IV: Committee on Education and Labor - Repeals special programs for State assistance for vocational education support programs by community-based organizations and for consumer and homemaking education under the Carl D. Perkins Vocational and Applied Technology Act. (Sec. 402) Repeals the program of grants to States for public library construction and technology enhancement under the Library Services and Construction Act. Repeals the Follow Through Act and its Follow Through program. Repeals the law-related education program under the Elementary and Secondary Act of 1965 (ESEA). Repeals the law school clinical experience program under the Higher Education Act of 1965 (HEA). (Sec. 403) Repeals the State student incentive grant program under HEA. (Sec. 404) Repeals certain ESEA mathematics and science education programs (also known as the Dwight D. Eisenhower Mathematics and Science Education Act). (Sec. 405) Repeals the following campus-based student financial assistance programs under HEA: (1) supplemental educational opportunity grants; (2) work-study; and (3) Perkins direct loans. (Declares that the purpose is to permit one-half of the savings from terminating such programs to increase the amount available for the Pell grant program.) (Sec. 406) Repeals the Older Americans Community Service Employment Program under the Older Americans Act of 1965. (Sec. 407) Amends the National School Lunch Act to prohibit cash and commodity assistance for paid lunches for children in high income families. Increases assistance for reduced price lunches for children in lower-middle income families. Decreases assistance for meals or supplements for children in middle and high income families under the family or group day care home meal program. (Sec. 408) Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). (Sec. 409) Repeals the Service Contract Act of 1965. (Sec. 410) Amends the National Foundation on the Arts and the Humanities Act of 1965 to modify certain limitations on the use of Federal funds. Extends (sometimes in decreased amounts) the authorizations of appropriations for: (1) program grants by the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH); (2) funds to match non-Federal funds received by NEA and NEH; and (3) administration of NEA and NEH programs. Limits total appropriations authorized under such Act. Directs the Chairperson of the NEA to investigate and report to specified congressional officials on State compliance with the requirement that grants to States under such Act not be used to supplant non-Federal funds. Title V: Committee on Energy and Commerce - Amends title XIX (Medicaid) of the Social Security Act (SSA) to reduce to 45 percent the matching rate for administrative costs under the Medicaid program. (Sec. 502) Provides for the general termination of the Clean Coal Technology program. (Sec. 503) Amends the Public Health Service Act (PHSA) to: (1) provide for a reduced research budget for the National Institutes of Health; and (2) establish an authorization at unspecified levels through FY 1997 for programs for minority and disadvantaged students as exclusive PHSA title VII programs. (Sec. 504) Amends the International Travel Act of 1961 to abolish the U.S. Travel and Tourism Administration. (Sec. 505) Amends the Rail Passenger Service Act to authorize reduced appropriations for the National Railroad Passenger Corporation. Title VI: Committee on Foreign Affairs - Prohibits the aggregate amount of U.S. contributions to the United Nations and its agencies for calendar years after 1986 from exceeding an amount which bears the same ratio to the total budget of the United Nations as the total U.S. population bears to the total population of United Nations members. (Sec. 602) Repeals title I (trade and development assistance) and III (food for development program) of the Agricultural Trade Development and Assistance Act of 1954. (Sec. 603) Reduces outlays for the following programs incrementally for FY 1995 through 1999 such that FY 1999 outlays for: (1) the foreign military financing program are at least 20 percent less than those for FY 1994; and (2) the Economic Support Fund are 50 percent less than those for FY 1994. (Sec. 605) Requires the President, at the beginning of each fiscal year, to deobligate and return to the Treasury any foreign economic assistance funds that, as of the end of the preceding fiscal year, have been obligated for more than three years but have not been expended. Makes exceptions for funds for winding up program expenses. Waives such requirement in any case that the President reports to the appropriate congressional committees that the funds: (1) are being used for a construction project that requires more than three years to complete; or (2) have not been expended because of unforeseen circumstances. Title VII: Committee on Government Operations - Authorizes the Secretary of the Treasury to enter contracts to procure services for locating Federal amounts in dormant accounts in financial institutions. (Sec. 702) Limits the amount of Federal grant or contract funds for research and development (R and D) which an institution of higher education may use toward the indirect costs incurred. (Sec. 703) Provides for the sale of surplus Government-owned aircraft and motor vehicles. Places restrictions on the acquisition of aircraft and motor vehicles by the heads of covered Federal agencies. (Sec. 704) Limits the amounts that may be expended for specified overhead expenses by entities of the executive and judicial branches (except the Department of Defense and the U.S. Postal Service) through FY 1999. Title VIII: Committee on the Judiciary - Prohibits authorization of appropriations for the Legal Services Corporation. (Sec. 802) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to lower the Federal share of funds for grants to States for criminal child support enforcement. Title IX: Committee on Merchant Marine and Fisheries - Requires the Secretary of Commerce to dispose of all ownership interest of the United States in the National Oceanic and Atmospheric Administration (NOAA) fleet, not acquire any new ownership interests, and obtain any new vessels for NOAA only through private sources. Terminates authority to make any new grants or contracts under the Coastal Zone Management Act of 1972 and National Sea Grant College Program Act. Title X: Committee on Natural Resources - Places a five year moratorium on the use of appropriated funds for new land acquisition by or for the Forest Service, National Park Service, U.S. Fish and Wildlife Service, or Bureau of Land Management, except acquisitions determined by the President to be vital to national security interests. (Sec. 1002) Repeals the Helium Act and provides for the sale of Federal property held in connection with that Act which is not required for other Federal purposes, as well as the sale of unneeded helium reserves held by the United States, with all funds received to be used to reduce the Federal debt. Title XI: Committee on Post Office and Civil Service - Amends Federal law to: (1) repeal provisions allowing the unlimited accumulation of annual leave by members of the Senior Executive Service; and (2) eliminate administratively uncontrollable overtime for supervisory law enforcement officers. (Sec. 1103) Requires the General Accounting Office to study and report to the Congress and the President on how increased agency flexibility in the appointment and separation of employees can be expected to result in higher levels of efficiency and productivity. Provides for limits on personnel costs in annual executive agency budgets over a six-year period. (Sec. 1104) Revises Civil Service and Federal Employees' Retirement System provisions relating to the: (1) maximum annuity allowable pursuant to cost-of-living adjustments (COLAs); and (2) accrual rate applicable for purposes of computing an annuity. (Sec. 1105) Sets limitations on COLA increases under Government retirement systems for FY 1995 through 1999. Amends the Omnibus Budget Reconciliation Act of 1993 and armed forces provisions to eliminate the delay in COLAs for Federal civilian and military retirees. Title XII: Committee on Public Works and Transportation - Prohibits the expenditure of Federal funds to construct, erect, or modify highway signs using metric system measurements (except in Puerto Rico) unless the Congress specifically authorizes such expenditure. (Sec. 1202) Amends the Federal Transit Act to decrease to or set at 50 percent the Federal share of costs for: (1) specified mass transit projects; (2) training of personnel in the transportation field; (3) establishment of university transportation centers and university research institutes; (4) acquisition of transportation equipment required by the Clean Air Act or the American with Disabilities Act of 1990; (5) nonurban transportation projects; (6) management oversight of transportation construction projects; (7) bicycle facilities; (8) a suspended light rail sytsem technology pilot project; and (9) establishment of a national transit institute. Eliminates grants for operating assistance for certain urban mass transit projects. Repeals Federal transportation assistance for: (1) mass transit projects to meet the needs of elderly persons and persons with disabilities; and (2) emergency operating expenses of the Consolidates Rail Corporation (CONRAIL), the National Railroad Passenger Corporation (AMTRAK), and other railroads. Eliminates Federal assistance for: (1) local transportation service in nonurban areas; and (2) user-side subsidies for intercity bus transportation. Eliminates the Federal share and the system vendor's share of operating costs for any deficit in the suspended light rail system technology pilot project. (Sec. 1203) Renders ineffective after FY 1994 the application to motor carriers of certain Federal transportation law and regulations. (Sec. 1204) Amends Federal law to terminate, as of October 1, 1995, the Interstate Commerce Commission (ICC) as an independent executive agency of the U.S. Government. Transfers, according to a plan developed by the Secretary of Transportation and submitted to the Congress, all duties and functions of the ICC to other Federal agencies. (Sec. 1205) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal the authorization of appropriations for FY 1995 through 1997 for: (1) certain highway demonstration projects; and (2) high cost of bridge projects. (Sec. 1206) Amends the Federal Aviation Act of 1958 to eliminate authorization of appropriations for FY 1995 through 1998 for the essential air service program. (Sec. 1207) Prohibits the Administrator of General Services through FY 1998 from obligating funds for construction or acquisition of new Federal buildings. (Sec. 1208) Directs the President to develop, and submit to the Congress, a plan for transferring all real property, facilities, and equipment of the Tennessee Valley Authority to appropriate public and private entities. (Sec. 1209) Repeals the Appalachian Regional Development Act of 1965. Terminates the Appalachian Regional Commission. (Sec. 1210) Amends the Airport and Airway Improvement Act of 1982 to limit the total amount appropriated from the Airport and Airway Trust Fund for FY 1995 through 1999 for grants for airport development and planning to no more than 75 of the amount appropriated for such grants from such fund for FY 1994. Title XIII: Committee on Science, Space, and Technology - Directs the National Aeronautics and Space Administration (NASA), with respect to its FY 1996 budget request to the Congress, to cancel one of the following programs: (1) the Advanced X-ray Astrophysics Facility; (2) the Cassini mission; or (3) the Earth Observation System. (Sec. 1302) Prohibits the Administrator of NASA from entering into any contract in furtherance of a space station program. (Sec. 1303) Makes ineligible to receive a grant from the National Institute of Standards and Technology (NIST) any individual with a taxable income over $120,000, and any corporation with a gross income in a taxable year of over $5 million. Title XIV: Committee on Small Business - Sets forth specified limits on FY 1995 through 1998 appropriations for direct and deferred participation loans under the Small Business Act and Small Business Investment Act of 1958. Terminates such credit programs as of October 1, 1998. Title XV: Committee on Veterans' Affairs - Entitles the United States to recover from a third party the reasonable cost of medical care and services provided (currently, provided before October 1, 1998) to a veteran for a non-service-connected disability for which the veteran would otherwise have been entitled to receive payment from the third party. Repeals the September 30, 1997, termination date before which the Secretary of Veterans Affairs is authorized to receive certain veteran's income verification from the Secretaries of the Treasury and Health and Human Services. (Sec. 1502) Directs the Secretary of Veterans Affairs to reduce the number of surgical and other acute care facilities of the Department of Veterans Affairs that have low rates of use or occupancy so that there are four percent fewer Department hospital beds at the end of FY 1999 as compared to the end of FY 1994. (Sec. 1503) Directs the Secretary to manage the Department's medical care system so as to achieve savings of $2.25 billion by the end of FY 1999 as compared to the end of FY 1994. Requires the Secretary to establish a prospective payment system in order to achieve such savings. (Sec. 1504) Authorizes the Secretary, during FY 1995 through 1998, to carry out a major construction project (MCP) only in a geographic area that does not contain underutilized non-Department facilities through which a contract could be entered. Requires the Secretary to revise projected expenditures for MCPs during such period in order to reduce such expenditures by ten percent. Title XVI: Committee on Ways and Means - Amends SSA title XX (Block Grants to States for Social Services) to provide for the consolidation of various specified social services programs, including the at-risk child care program under part A (Aid to Families with Dependent Children) (AFDC) of SSA title IV, into a single block grant program. (Sec. 1602) Amends SSA title IV part E (Federal Payments for Foster Care and Adoption Assistance) to limit the amount of Federal payments to States for child placement and administrative costs. (Sec. 1603) Amends SSA title XVI (Supplemental Security Income) (SSI) to provide for an unearned income exclusion under the SSI program. (Sec. 1604) Provides for reduced Federal reimbursement to States for administrative costs of State AFDC plans. (Sec. 1605) Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to eliminate entitlement to child's insurance benefits of children of individuals who retire before attaining retirement age. (Sec. 1606) Requires that veterans' disability benefits be taken into account when determining reductions in social security old-age and disability benefits. (Sec. 1607) Amends the Internal Revenue Code (IRC) to establish additional requirements for the approval of State unemployment compensation laws by the Secretary of Labor. Includes among such requirements prohibitions on unemployment compensation payable to individuals with taxable incomes of over $120,000. (Sec. 1608) Terminates all general trade adjustment assistance under the Trade Act of 1974 after FY 1994, except the NAFTA Transitional Adjustment Assistance Program, which shall not terminate until the end of FY 1998 (as under current law). Title XVII: Multiple Committee Jurisdiction - Subtitle A: Benefits for Illegal Aliens - Prohibits, generally, the payment of direct Federal financial benefits, food stamps, and unemployment benefits to aliens who are not lawful permanent residents. Subtitle B: Economic Development Administration Sunset - Economic Development Administration Sunset Act - Abolishes the Economic Development Administration (EDA). Repeals the: (1) Public Works and Economic Development Act 1965; and (2) Local Public Works Capital Development and Investment Act of 1976. Authorizes the Secretary of Commerce to take appropriate action to conclude EDA affairs. Allows for the expenditure of EDA funds received before its termination. Allows the continued use of the Economic Development Revolving Fund to finish EDA business, but requires Fund termination upon certification by the Secretary that business is concluded. Authorizes appropriations. Subtitle C: Reductions in Spending Under Medicare - Provides for reduced payments under Medicare part A (Hospital Insurance) to hospitals for the indirect costs of medical education. (Sec. 1742) Eliminates Medicare part A payments to hospitals for enrollees' bad debts attributable to deductibles and copayments. (Sec. 1745) Provides for co-payments under Medicare part B (Supplementary Medical Insurance) for clinical diagnostic laboratory tests. (Sec. 1746) Increases the Medicare part B monthly premium beginning after December 1994. (Sec. 1751) Authorizes additional appropriations for FY 1994 through 1997 for peer review activities, enforcement of Medicare payment prohibitions, and other activities to reduce waste and fraud in the administration of Medicare. (Sec. 1752) Makes specified extensions with regard to Medicare as secondary payer. (Sec. 1753) Amends IRC and SSA to extend Medicare coverage of, and application of the hospital insurance tax to, all State and local government employees. Authorizes appropriations. Subtitle D: Economic Development and Disaster Assistance - Makes ineligible for specified Federal business development or disaster assistance: (1) individuals with taxable incomes over $120,000; and (2) corporations with taxable incomes over $5,000,000. Subtitle E: International Trade Administration Assistance - Make the same individuals and corporations described in Subtitle D ineligible for financial assistance from the International Trade Administration of the Department of Commerce. Subtitle F: Agricultural Export Bonus Program - Makes ineligible for agricultural commodities or cash payments under the export enhancement program of the Agricultural Trade Act of 1978 any individual with an annual taxable income exceeding $120,000 and any corporation with an annual gross income exceeding $5,000,000. Title XVIII: Unfunded Mandates - Subtitle A: General Limitations - Federal Mandate Relief Act of 1994 - Provides that any new requirement under a Federal statute or regulation that a State or local government conduct an activity shall apply to the government only if all funds necessary to pay the direct costs incurred in conducting the activity are provided by the Federal Government. Subtitle B: Commission on Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to: (1) investigate and review the role of unfunded Federal manadates in relations among local, State, and Federal governments; and (2) study and make recommendations to the Congress regarding the termination or suspension of unfunded Federal mandates. Authorizes appropriations. Subtitle C: State Mandate Estimates - Requires the Director of the congressional Budget Office (CBO) to submit to the House of Representatives or the Senate for each joint resolution and conference report an estimate of the costs of State and local government compliance with the legislation in question. (Makes generally conforming amendments to the Congressional Budget Act of 1974, which already requires, to the extent practicable, such estimates for every public bill and resolution, except those reported by the Committee on Appropriations of each House.) (Sec. 1822) Amends the Rules of the House of Representatives to add the same requirements under the Mandate Relief Act of 1993 with regard to committee report cost estimates and consideration of legislation for which a CBO estimate is required. Title XIX: Legislative Branch Provisions - Limits: (1) appropriations for official congressional mail costs for FY 1995 to 50 percent of the total appropriated for FY 1994; and (2) such appropriations beginning with FY 1996 to 103 percent of the total appropriated for the preceding fiscal year. (Sec. 1902) Repeals provisions of: (1) Federal law establishing the Joint Committee on Printing: (2) the Legislative Reorganization Act of 1946 establishing the Joint Committee of Congress on the Library; and (3) the Employment Act of 1946 establishing the Joint Economic Committee. Transfers all functions of the Joint Economic Committee to the appropriate House or Senate Committee on the Budget. (Sec. 1903) Limits: (1) funding for congressional committee staff for FY 1995 to 75 percent of the total appropriated for FY 1994; and (2) such funding beginning with FY 1996 to 103 percent of the total appropriated for the preceding fiscal year. (Sec. 1904) Repeals provisions of Federal law to eliminate payments of expenses for former Speakers of the House of Representatives. (Sec. 1905) Prohibits a Member of the House from hiring more than 16 full-time employees under the clerk hire allowance. (Sec. 1906) Limits: (1) funding for congressional committee staff for FY 1995 to 75 percent of the total appropriated for FY 1994; and (2) such funding beginning with FY 1996 to 103 percent of the total appropriated for the preceding fiscal year. (Sec. 1907) Amends the Legislative Reorganization Act of 1946 to establish the annual rates of pay of $100,000 for each Senator, Member of, and Delegate to, the House, and the Resident Commissioner from Puerto Rico $109,000 for the President pro tempore of the Senate, the majority and minority leaders of the Senate and the House, and $131,000 for the Speaker of the House, until adjusted by law. (Sec. 1908) Repeals provisions of the Technology Assessment Act of 1971 that established the Office of Technology Assessment. (Sec. 1909) Limits: (1) funding for the Congressional Budget Office and the Architect of the Capitol for FY 1995 to 90 percent of the total appropriated for each entity for FY 1994; and (2) such funding beginning with FY 1996 to 103 percent of the total appropriated for the preceding fiscal year. Title XX: Enforcement - Provides that none of the changes in direct spending and receipts resulting from this shall be reflected in Office of Management and Budget estimates of changes in outlays and receipts under the Balanced Budget and Emergency Deficit Control Act of 1985. Requires the Director of the Office of Management and Budget to make specified downward adjustments in the discretionary spending limits (new budget authority and outlays), as adjusted, set forth in the Congressional Budget Act of 1974 for FY 1995 through 1999.

Bill· HRH.R. 3937 (103rd)open

Omnibus Export Administration Act of 1994

United States · United States Congress · 2 March 1994

Export Administration Act of 1994 - Sets forth congressional findings and policies with respect to export controls on goods and technology. (Sec. 4) Authorizes the Secretary of Commerce (Secretary) to require a general license for the export of goods and technology. Requires the Secretary to establish a Munitions (Control List) containing license requirements for the export of such items. Requires the Secretary of Defense to bear primary responsibility for establishing the Military Critical Technologies List (MCTL) to identify equipment and technologies critical to design, development, production, or use of weapons of mass destruction, including nuclear, biological and chemical weapons, and manned and unmanned vehicles capable of delivering such weapons. Declares that authority or permission to export may not be required under this Act, except to carry out the export policies of this Act. Requires the Secretary to: (1) keep the public apprised of changes in export control policy and procedures with a view to encouraging trade and, upon the request of an industry affected by such controls; and (2) appoint technical advisory committees. (Sec. 5) Authorizes the President to prohibit or curtail the export of weapons of mass destruction if it is determined that: (1) such controls essential to advancing the nonproliferation, national security, or foreign policies of the United States; and (2) either like-minded States have agreed with such controls or such controls are in the U.S. national interest and their objective cannot be obtained by other means. Requires the Secretary to keep the Congress apprised of changes in U.S. export control policy or procedure. Urges the Secretary of State to seek multilateral arrangements with foreign countries that secure the achievement of the nonproliferation of weapons of mass destruction and, in so doing, also establish fairer and more predictable competitive opportunities for U.S. exporters. Specifies standards for the establishment of multilateral control regimes. Requires the Secretary of State to seek support for unilateral controls of such weapons by other foreign countries and effective multilateral control regimes. Requires the Secretary of State to negotiate with member countries of the Coordinating Committee (CoCom), the Missile Technology Control Regime (MTCR), the Australia Group, the Nuclear Suppliers' Group, and other regimes to obtain their cooperation in restricting the export of weapons of mass destruction. Directs the Secretary to require a license for the export of: (1) certain dual use items and other items that would provide a material contribution to missile technology or chemical and biological weapons; and (2) any items that an exporter knows are destined for a project for the design, development, or manufacture of such items. Requires a license for the export of such items to a country if the Secretary of State has determined: (1) such country supports acts of terrorism; and (2) the export of such items could contribute to the military potential of such country, or enhance its ability to support such terrorism. Requires a license for the export of crime control and detection equipment, with specified exceptions. Declares it is U.S. policy that no U.S. exporter should be commercially disadvantaged because of export controls unless relief from such controls would create a risk to the foreign policy, nonproliferation, or national security interests of the United States. Authorizes a person to petition the Secretary for relief from such controls on grounds of: (1) foreign availability of an item from non-U.S. sources, thereby rendering license requirements ineffective in achieving control purposes; (2) ineffective controls; or (3) commercial disadvantage. Sets forth provisions for the relief of items controlled by CoCom. Directs the Secretry to annually notify specified congressional committees of the status of all relief petitions. Requires export controls unilaterally imposed by the United States for purposes adopted by CoCom to expire six months after enactment of ths Act, or six months after such control is imposed, whichever date is later, with specified exemptions. Requires the Secretary to publish: (1) parties denied export privileges; (2) parties sanctioned for prohibited proliferation; (3) specially designated nationals under the International Emergency Economic Powers Act, as amended; and (4) other parties for whom licenses will be presumptively denied. Declares that the identity of such parties is not subject to disclosure under the Freedom of Information Act (FOIA). (Sec. 6) Authorizes the President to prohibit or impose quantitative restrictions on the export of goods and technology that are domestically in short supply. Directs the Secretary to monitor exports, and contracts for exports, of goods in cases where the volume of such exports in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such increase or shortage has, or may have, a serious adverse impact on the economy. Prohibits the export of Alaskan North Slope oil with specified exceptions. Prohibits the President from imposing quantitative restrictions based on short supply controls on agricultural commodities (including fats and oils or animal hides or skins) without the approval of the Secretary of Agriculture. Prohibits such approval during any period when supply is in excess of domestic consumption, except to the extent the President determines such imposition is necessary to protect national security and foreign policy interests of the United States, or to fulfill U.S. international commitments. Requires the President, if such control are imposed, to report on such action to the Congress. Limits the duration of such controls to no more than one year. Authorizes the exemption from such quantitative limitations items exported or imported pursuant to a barter agreement. Prohibits the exportation of unprocessed western red logs (Thuja plicata) harvested from State (except Alaska) or Federal lands. Declares that shipments of crude oil and refined and partially refined petroleum products for use by the Department of Defense or U.S.-supported installations shall not, for purposes of export controls on Alaskan North Slope oil, be considered to be exports. (Sec. 7) Directs the President to issue regulations that prohibit, with specified exceptions, U.S. persons from supporting any boycott imposed by a foreign country against a country that is friendly to the United States and that is not itself the object of a U.S. boycott. (Sec. 8) Specifies procedures for the processing of export license applications, including the screening, referral, approval or denial, and review of such applications. (Sec. 9) Sets forth both civil and criminal penalties for violations committed under this Act. (Sec. 10) Makes the Secretary responsible for providing policy guidance on the enforcement of this Act. Sets forth requirements with respect to: (1) the forfeiture of goods and tangible items lawfully seized by the United States for violations committed under this Act; (2) undercover investigative operations of the Office of Export Enforcement of the Department of Commerce; and (3) a financial audit and report to the Congress on each undercover investigative operation. (Sec. 11) Directs the President to appoint, by and with the advice and consent of the Senate, an Under Secretary of Commerce for Export Administration who shall perform all functions of the Secretary under this Act. Authorizes the Secretary to issue regulations to implement this Act. Sets forth requirements for: (1) non-disclosure of confidential information; (2) disclosure of information to the Congress and the General Accounting Office (GAO); (3) penalties for disclosure of confidential information; and (4) public opportunity for comment on regulations imposing export controls. Requires the Secretary to establish a Control List containing items which require a license for export to designated countries. Authories the Secretary to participate in the education and training of officials from other countries on the principles and procedures for the implementation of effective export controls. Declares that an export license may not be required for the export of a commodity solely because it contains parts or components subject to export control if such parts or components: (1) are essential to the functioning of the good; (2) are customarily included in the sales of the item in countries other than target countries; and (3) comprise 25 percent or less of the total value of the good, unless the good itself would make a significant contribution to the military or proliferation potential of a target country or end user which would prove detrimental to U.S. national security. Declares that no authority may be required for certain reexports of foreign-made items incorporating U.S. items. Declares that this Act does not authorize export controls on: (1) medical instruments and equipment; (2) medicine or medical supplies; or (3) donations of items intended to meet basic human needs, including food, educational materials, seeds, hand tools, water resources equipment, clothing and shelter materials, and basic household supplies. Declares that, with respect to unilateral controls, the President may not, except in specified circumstances, prohibit the export or reexport of items in performance of a contract entered into, or under a validated license issued, before the effective date of such controls, or the date on which the President reports to the Congress on the intention to impose controls on such exports or reports. (Sec. 12A) Requires the President to determine whether any foreign person has knowingly contributed to the efforts of any government, group, entity, or project to use, design, develop, produce, or stockpile chemical or biological weapons or missiles. Requires the President, in the event of different specified affirmative determinations, to impose certain sanctions on such person, including: (1) denial of an ex^port license; (2) denial of Government procurement contracts; (3) termination of U.S. foreign assistance (except for humanitarian assistance); (4) termination of the financing of arms and arms sales; (5) denial of U.S. financial assistance and multilateral development bank assistance; (6) prohibition on exports of national security-sensitive items; (7) imposition of export and import restrictions; (8) suspension of diplomatic relations; and (9) denial of air landing rights. (Sec. 12B) Amends the Arms Export Control Act to provide for such sanctions. (Sec. 15) Prohibits items from being included on both the Control List and the United States Munitions List. Requires the Department of State to resolve conflicting claims of jurisdiction between such lists in a timely fashion. Amends the International Emergency Economic Powers Act to prohibit public disclosure, except in the national interest, of confidential information connected with the authorization to export goods and technology (including export licenses and multilateral agreements to export). Declares that any product which is standard Federal Aviation Administration (FAA) certified equipment in aircraft and which is exported to a noncontrolled country shall be subject exclusively to the export controls under this Act. (Sec. 16) Authorizes appropriations.

Bill· SS. 1832 (103rd)open

A bill to rescind certain budget authority proposed to be rescinded in a special message transmitted to the Congress by the President on February 7, 1994, in accordance with title X of the Congressional Budget and Impoundment Control Act of 1974, as amended.

United States · United States Congress · 7 February 1994

TABLE OF CONTENTS: Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Title III: Department of Defense Title IV: Energy and Water Development Title V: Foreign Operations, Export Financing, and Related Agencies Title VI: Department of the Interior and Related Agencies Title VII: Department of Transportation and Related Agencies Title VIII: Treasury, Postal Service, and General Government Title IX: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Rescinds FY 1994 funds appropriated to the Department of Agriculture for the Rural Development Administration, Farmers Home Administration, and Rural Electrification Administration. Rescinds specified foreign assistance funds available for the cost of direct credit agreements and ocean freight differential costs. Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Rescinds FY 1994 funds appropriated to the Department of State for the Administration of Foreign Affairs and the Board for International Broadcasting for the Israel radio relay station. Title III: Department of Defense - Rescinds FY 1994 funds appropriated to the Department of Defense for military procurement and research, development, test and evaluation. Title IV: Energy and Water Development - Rescinds FY 1994 funds appropriated to the Department of Energy and the Nuclear Regulatory Commission. Title V: Foreign Operations, Export Financing, and Related Agencies - Rescinds FY 1994 funds appropriated to the President for international security assistance. Title VI: Department of the Interior and Related Agencies - Rescinds FY 1994 funds appropriated to the Department of the Treasury for biomass energy development. Title VII: Department of Transportation and Related Agencies - Rescinds FY 1994 funds appropriated to the Department of Transportation for essential air services and rental payments, the Coast Guard for operating expenses, the Federal Aviation Administration, the Federal Highway Administration, and the Federal Railroad Administration. Title VIII: Treasury, Postal Service, and General Government - Rescinds FY 1994 funds appropriated to the General Services Administration for the Federal Buildings Fund. Title IX: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Rescinds FY 1994 funds made available to: (1) the Department of Housing and Urban Development for certain housing programs; (2) the National Aeronautics and Space Administration for research and development, space flight expenses, and construction; and (3) the National Science Foundation for academic research infrastructure.

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